The Forgotten: Who Was Left Out Of The Constitutional Convention?

The Constitutional Convention of 1787, held in Philadelphia, was a significant event in American history. The convention addressed the weaknesses of the Articles of Confederation and laid down the framework for the federal government. However, several key groups were notably absent from the convention, resulting in a lack of representation for their interests. This included enslaved individuals, women, and free men of color, whose rights and concerns were discussed and decided upon without their input or participation. The absence of these groups highlighted significant inequalities and limitations in the formation of the U.S. Constitution.

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Enslaved people

The Constitutional Convention, held in Philadelphia in 1787, included 55 delegates, but several key groups and individuals were notably absent. One of the most glaring exclusions was that of enslaved individuals. Despite being a central topic of discussion, with issues of slavery, commerce, and representation taking the spotlight, enslaved people had no representation at the convention. Their rights and status were debated and determined without their input, highlighting the exclusion of their voices in the formation of the nation's laws and governance.

The absence of enslaved individuals from the Constitutional Convention was indicative of the broader societal context of the time. During the 18th century, enslaved people were considered property and were denied basic human rights. They were not viewed as equal members of society and were excluded from political processes, including the right to vote or hold office. This exclusion extended to the Constitutional Convention, where their lack of representation had significant implications for the course of American history.

The delegates at the convention, primarily consisting of white, landowning men, debated and adopted the "Three-Fifths Compromise." This compromise stated that three-fifths (60%) of enslaved people in each state would count toward congressional representation, increasing the number of congressional seats in southern states. This compromise was a direct result of the tension between large and small states, with large states favoring representation based on population and small states advocating for equal representation by state.

The exclusion of enslaved individuals from the Constitutional Convention had far-reaching consequences. Their lack of representation meant that decisions about their lives and freedoms were made without their consent or input. It reinforced the institution of slavery and the denial of basic human rights for enslaved people. Additionally, it set a precedent for the ongoing struggle for racial equality and representation in the United States.

The absence of enslaved individuals at the Constitutional Convention serves as a stark reminder of the inequalities and injustices that have plagued American history. It underscores the importance of inclusive and representative decision-making processes, where all voices are heard and valued. The legacy of this exclusion continues to shape discussions and efforts toward a more equitable and just society.

Women

However, it is important to note that the Constitution included women and called for their protection as members of society. The terms used throughout the original Constitution are consistently non-sexist, and there is no evidence that the subject of women was ever mentioned in the Constitutional Convention. The absence of women at the Constitutional Convention was representative of their broader exclusion from political life in the 18th century.

While women were not politically active, some were intensely interested in the political happenings, and they were all affected by the document drafted by men. Arguably, some women influenced the proceedings of the convention and the language of the final document. For example, Elizabeth Willing Powel, who famously asked Benjamin Franklin, "Well, Doctor, what have we got, a republic or a monarchy?". Other women, like Eliza Herriot, lectured on topics such as education, women's rights, and opportunities in society. Washington noted that the lecture was "tolerable" and later recommended schools for girls that aligned with her educational concepts.

The inclusion of women in the Constitution has important implications. The mention of "sex" means that the Constitution rests on an inclusive theory of representation. The Constitution included women and made them rights bearers, even if that did not seem to be the express intent of the authors.

Free men of colour

Enslaved individuals were not represented at the convention, despite their status and rights being key topics of discussion. Their lack of representation highlights the exclusion of their voices in the formation of the nation's laws and governance. Women were also entirely excluded from the convention, as they did not have the legal rights to participate in such formal political processes at that time.

The issue of slavery was a contentious topic at the convention, with delegates debating the insertion of a fugitive slave clause, the potential abolition of the slave trade, and whether slaves would be counted in proportional representation. The "Three-Fifths Compromise" was reached, where slaves would be counted as three-fifths of a person for representation in the House of Representatives. Additionally, the convention decided that the slave trade could continue until 1808.

The Constitutional Convention, which included 55 delegates, resulted in the creation of a new government and the establishment of a federal government with more specific powers, including those related to foreign affairs. The U.S. Constitution that emerged from the convention set up a system of checks and balances, dividing federal authority between the legislative, judicial, and executive branches of government.

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Thomas Jefferson and other key political figures

The Constitutional Convention of 1787, held in Philadelphia, was marked by the absence of several key political figures, including Thomas Jefferson, John Adams, and Patrick Henry. Jefferson and Adams were absent because they were serving diplomatic roles in Europe. Jefferson was in France, while Adams was in England, dealing with post-war affairs. Patrick Henry, an anti-federalist, refused to attend due to his opposition to the Constitutional process and distrust of centralized government.

Despite his absence, Thomas Jefferson had a significant impact on constitutional issues and played a crucial role in shaping American ideals and leading the nation during its early years. As the principal author of the Declaration of Independence in 1776, Jefferson's ideas and writings influenced the drafting of the Constitution and the Bill of Rights. He corresponded with individuals who contributed to the formation of the Constitution, such as Madison and John Jay, and discussed the need for a stronger central government. Jefferson's ideas were shaped by his conception of freedom, which he articulated in documents like the Virginia Statute for Religious Freedom.

During the Constitutional Convention, Jefferson expressed his concerns about the secrecy of the proceedings. He shared his thoughts with Madison, including his opposition to granting the federal government the power to veto state laws. Jefferson also advocated for a written Bill of Rights to guarantee personal liberties, such as freedom of religion, freedom of the press, and habeas corpus. He believed that a bill of rights was essential to protect citizens' rights from a potentially overpowering central government.

While Jefferson was unable to attend the Constitutional Convention, he remained well-informed about the events through his correspondence with Madison and other individuals. He shared his ideas and opinions on the Convention's activities, and his influence can be seen in the final draft of the Constitution and the subsequent Bill of Rights. Thus, despite his physical absence, Jefferson's intellectual presence and legacy were felt in the creation of the U.S. Constitution.

Rhode Island

The state's Antifederalists opposed holding a convention, fearing that Federalists might manipulate the outcome in favour of ratification, as had allegedly happened in Massachusetts. Instead, they opted for a statewide referendum in 1788, which resulted in the Constitution being overwhelmingly defeated. However, fewer than half of the state's freemen participated in the vote.

Facing threats of secession from cities like Providence, Newport, and Bristol, and fearing reprisals from the other ratifying states, Rhode Island eventually convened a convention and ratified the Constitution in 1790. The state's lone representative in Congress arrived fashionably late, marking the end of Rhode Island's unique role in the formation of the United States.

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