The American Founding

<Constitutional Convention

The Foundation of American Government by Henry Hintermeister

The Foundation of American Government by Henry Hintermeister
The Foundation of American Government by Henry Hintermeister

Henry Hintermeister was born in New York in 1897, and died there in 1972. He is known for his paintings of animals. See “Two Setters on Point,” and “Mallard Marsh.”

The title of this 1925 on the Constitutional Convention painting is variously referred to as “The Foundation of American Government,” or “George Washington, Benjamin Franklin and others Signing the Constitution.”

“Mallard Marsh”
“Two Setters on Point”

Heintermeister’s Signing is the third portrait of the Constitutional Convention and the first in the twentieth century. He has eleven delegates in a “signing disposition.” The others are out of the picture. The Rising Sun chair is clearly visible where it had to be implied from the Stearns and Rossiter renditions. There is no argument or disagreement going on in this picture. There is a consensus signing taking place. And several of the delegates other than Washington and Franklin can be identified. Our hunch is that Hintermeister went to the Portrait Gallery! There is no doubt that it is Madison who is directly in front of Washington and that Franklin is standing nearby inviting others to go up and sign the Constitution. To Washington‘s right, Roger Sherman and James Wilson are in line to sign. There is a sense then in which Hintermeister has democratized the Signing by portraying it as the work of recognizable founders and not simply a commemoration of Washington.

arrow-bigcaret-downclosedownloadfacebook-squarefacebookhamburgericon_menuicon-all-documentsinstagram-squarelinkedin-squareloop-searchpauseplay-circleplayprintscroll-downtwitter-squaretwitter
George Washington

George Washington

State: Virginia

Age at Convention: 55

Date of Birth: February 22, 1732

Date of Death: December 14, 1799

Schooling: Private Tutors, Honorary L.L.D. from Harvard 1776

Occupation: Planter and Slave Holder, General of the Continental Army, Lending and Investments, Real Estate Land Speculations, Public Security Interests

Prior Political Experience: Virginia House of Burgesses 1759-1774, Continental Congress 1774-1775, Commander in Chief of Continental Army 1775-1783

Committee Assignments: President of the Convention

Convention Contributions: Arrived May 25 and was present through the signing of the Constitution. He spoke only once near the end of the deliberations, but the record suggests that he had a profound influence on the scope and direction of the discussions. William Pierce stated that “having conducted these States to independence and peace, he now appears to assist in framing a Government to make the People happy. Like Gustavus Vasa, he made be said to be the deliverer of his Country.”

New Government Participation: He supported ratification of the Constitution by the State of Virginia. He was unanimously elected by the Electoral College as President of the United States (1788 – 1796). He used his Presidential powers to put down the Whisky Rebellion (1794).

Biography from the National Archives: The eldest of six children from his father’s second marriage, George Washington was born into the landed gentry in 1732 at Wakefield Plantation, VA. Until reaching 16 years of age, he lived there and at other plantations along the Potomac and Rappahannock Rivers, including the one that later became known as Mount Vernon. His education was rudimentary, probably being obtained from tutors but possibly also from private schools, and he learned surveying. After he lost his father when he was 11 years old, his half-brother Lawrence, who had served in the Royal Navy, acted as his mentor. As a result, the youth acquired an interest in pursuing a naval career, but his mother discouraged him from doing so.

At the age of 16, in 1748, Washington joined a surveying party sent out to the Shenandoah Valley by Lord Fairfax, a land baron. For the next few years, Washington conducted surveys in Virginia and present West Virginia and gained a lifetime interest in the West. In 1751-52 he also accompanied Lawrence on a visit he made to Barbados, West Indies, for health reasons just before his death.

The next year, Washington began his military career when the royal governor appointed him to an adjutantship in the militia, as a major. That same year, as a gubernatorial emissary, accompanied by a guide, he traveled to Fort Le Boeuf, Pennsylvania, in the Ohio River Valley, and delivered to French authorities an ultimatum to cease fortification and settlement in English territory. During the trip, he tried to better British relations with various Indian tribes.

In 1754, winning the rank of lieutenant colonel and then colonel in the militia, Washington led a force that sought to challenge French control of the Ohio River Valley, but met defeat at Fort Necessity, Pennsylvania—an event that helped trigger the French and Indian War (1754-63). Late in 1754, irked by the dilution of his rank because of the pending arrival of British regulars, he resigned his commission. That same year, he leased Mount Vernon, which he was to inherit in 1761.

In 1755, Washington reentered military service with the courtesy title of colonel, as an aide to Gen. Edward Braddock, and barely escaped death when the French defeated the general’s forces in the Battle of the Monongahela, PA. As a reward for his bravery, Washington rewon his colonelcy and command of the Virginia militia forces, charged with defending the colony’s frontier. Because of the shortage of men and equipment, he found the assignment challenging. Late in 1758 or early in 1759, disillusioned over governmental neglect of the militia and irritated at not rising in rank, he resigned and headed back to Mount Vernon.

Washington then wed Martha Dandridge Custis, a wealthy widow and mother of two children. The marriage produced no offspring, but Washington reared those of his wife as his own. During the period 1759-74, he managed his plantations and sat in the Virginia House of Burgesses. He supported the initial protests against British policies; took an active part in the nonimportation movement in Virginia; and, in time, particularly because of his military experience, became a Whig leader.

By the 1770s, relations of the colony with the mother country had become strained. Measured in his behavior but strongly sympathetic to the Whig position and resentful of British restrictions and commercial exploitation, Washington represented Virginia at the First and Second Continental Congresses. In 1775, after the bloodshed at Lexington and Concord, Congress appointed him as commander in chief of the Continental Army. Overcoming severe obstacles, especially in supply, he eventually fashioned a well-trained and disciplined fighting force.

The strategy Washington evolved consisted of continual harassment of British forces while avoiding general actions. Although his troops yielded much ground and lost a number of battles, they persevered even during the dark winters at Valley Forge, Pennsylvania, and Morristown, New Jersey. Finally, with the aid of the French fleet and army, he won a climactic victory at the Battle of Yorktown, Virginia, in 1781.

During the next 2 years, while still commanding the agitated Continental Army, which was underpaid and poorly supplied, Washington denounced proposals that the military take over the government, including one that planned to appoint him as king, but supported army petitions to the Continental Congress for proper compensation. Once the Treaty of Paris (1783) was signed, he resigned his commission and returned once again to Mount Vernon. His wartime financial sacrifices and long absence, as well as generous loans to friends, had severely impaired his extensive fortune, which consisted mainly of his plantations, slaves, and landholdings in the West. At this point, however, he was to have little time to repair his finances, for his retirement was brief.

Dissatisfied with national progress under the Articles of Confederation, Washington advocated a stronger central government. He hosted the Mount Vernon Conference (1785) at his estate after its initial meetings in Alexandria, though he apparently did not directly participate in the discussions. Despite his sympathy with the goals of the Annapolis Convention (1786), he did not attend. But, the following year, encouraged by many of his friends, he presided over the Constitutional Convention, whose success was immeasurably influenced by his presence and dignity. Following ratification of the new instrument of government in 1788, the electoral college unanimously chose him as the first President.

The next year, after a triumphal journey from Mount Vernon to New York City, Washington took the oath of office at Federal Hall. During his two precedent-setting terms, he governed with dignity as well as restraint. He also provided the stability and authority the emergent nation so sorely needed, gave substance to the Constitution, and reconciled competing factions and divergent policies within the government and his administration. Although not averse to exercising presidential power, he respected the role of Congress and did not infringe upon its prerogatives. He also tried to maintain harmony between his Secretary of State Thomas Jefferson and Secretary of the Treasury Alexander Hamilton, whose differences typified evolving party divisions from which Washington kept aloof.

Yet, usually leaning upon Hamilton for advice, Washington supported his plan for the assumption of state debts, concurred in the constitutionality of the bill establishing the Bank of the United States, and favored enactment of tariffs by Congress to provide federal revenue and protect domestic manufacturers.

Washington took various other steps to strengthen governmental authority, including suppression of the Whisky Rebellion (1794). To unify the country, he toured the Northeast in 1789 and the South in 1791. During his tenure, the government moved from New York to Philadelphia in 1790, he superintended planning for relocation to the District of Columbia, and he laid the cornerstone of the Capitol (1793).

In foreign affairs, despite opposition from the Senate, Washington exerted dominance. He fostered United States interests on the North American continent by treaties with Britain and Spain. Yet, until the nation was stronger, he insisted on the maintenance of neutrality. For example, when the French Revolution created war between France and Britain, he ignored the remonstrances of pro-French Jefferson and pro-English Hamilton.

Although many people encouraged Washington to seek a third term, he was weary of politics and refused to do so. In his “Farewell Address” (1796), he urged his countrymen to forswear party spirit and sectional differences and to avoid entanglement in the wars and domestic policies of other nations.

Washington enjoyed only a few years of retirement at Mount Vernon. Even then, demonstrating his continued willingness to make sacrifices for his country in 1798 when the nation was on the verge of war with France he agreed to command the army, though his services were not ultimately required. He died at the age of 67 in 1799. In his will, he emancipated his slaves.

James Madison, Jr.

James Madison

State: Virginia

Age at Convention: 36

Date of Birth: March 16, 1751

Date of Death: June 28, 1836

Schooling: College of New Jersey (Princeton) 1771

Occupation: Politician

Prior Political Experience: Lower House of Virginia 1776, 1783-1786, Upper House of Virginia 1778, Virginia State Constitutional Convention 1776, Confederation Congress 1781- 1783, 1786-1788, Virginia House of Delegates 1784-1786, Annapolis Convention Signer 1786

Committee Assignments: Third Committee of Representation, Committee of Slave Trade, Committee of Leftovers, Committee of Style

Convention Contributions: Arrived May 25 and was present through the signing of the Constitution. He is best known for writing the Virginia Plan and defending the attempt to build a stronger central government. He kept copious notes of the proceedings of the Convention which were made available to the general public upon his death in 1836. William Pierce stated that “Mr. Madison is a character who has long been in public life; and what is very remarkable every Person seems to acknowledge his greatness. He blends together the profound politician, with the Scholar. … The affairs of the United States, he perhaps, has the most correct knowledge of, of any Man in the Union.”

New Government Participation: Attended the ratification convention of Virginia and supported the ratification of the Constitution. He also coauthored the Federalist Papers. Served as Virginia’s U.S. Representative (1789-1797) where he drafted and debated the First Twelve Amendments to the Constitution; ten of which became the Bill of Rights; author of the Virginia Resolutions which argued that the Alien and Sedition Acts of 1798 were unconstitutional. Served as Secretary of State (1801-1809) Elected President of the United States of America (1809-1817).

Biography from the National Archives: The oldest of 10 children and a scion of the planter aristocracy, Madison was born in 1751 at Port Conway, King George County, VA, while his mother was visiting her parents. In a few weeks she journeyed back with her newborn son to Montpelier estate, in Orange County, which became his lifelong home. He received his early education from his mother, from tutors, and at a private school. An excellent scholar though frail and sickly in his youth, in 1771 he graduated from the College of New Jersey (later Princeton), where he demonstrated special interest in government and the law. But, considering the ministry for a career, he stayed on for a year of postgraduate study in theology.

Back at Montpelier, still undecided on a profession, Madison soon embraced the patriot cause, and state and local politics absorbed much of his time. In 1775 he served on the Orange County committee of safety; the next year at the Virginia convention, which, besides advocating various Revolutionary steps, framed the Virginia constitution; in 1776-77 in the House of Delegates; and in 1778-80 in the Council of State. His ill health precluded any military service.

In 1780 Madison was chosen to represent Virginia in the Continental Congress (1780-83 and 1786-88). Although originally the youngest delegate, he played a major role in the deliberations of that body. Meantime, in the years 1784-86, he had again sat in the Virginia House of Delegates. He was a guiding force behind the Mount Vernon Conference (1785), attended the Annapolis Convention (1786), and was otherwise highly instrumental in the convening of the Constitutional Convention in 1787. He had also written extensively about deficiencies in the Articles of Confederation.

Madison was clearly the preeminent figure at the convention. Some of the delegates favored an authoritarian central government; others, retention of state sovereignty; and most occupied positions in the middle of the two extremes. Madison, who was rarely absent and whose Virginia Plan was in large part the basis of the Constitution, tirelessly advocated a strong government, though many of his proposals were rejected. Despite his poor speaking capabilities, he took the floor more than 150 times, third only after Gouverneur Morris and James Wilson. Madison was also a member of numerous committees, the most important of which were those on postponed matters and style. His journal of the convention is the best single record of the event. He also played a key part in guiding the Constitution through the Continental Congress.

Playing a lead in the ratification process in Virginia, too, Madison defended the document against such powerful opponents as Patrick Henry, George Mason, and Richard Henry Lee. In New York, where Madison was serving in the Continental Congress, he collaborated with Alexander Hamilton and John Jay in a series of essays that in 1787-88 appeared in the newspapers and were soon published in book form as The Federalist (1788). This set of essays is a classic of political theory and a lucid exposition of the republican principles that dominated the framing of the Constitution.

In the U.S. House of Representatives (1789-97), Madison helped frame and ensure passage of the Bill of Rights. He also assisted in organizing the executive department and creating a system of federal taxation. As leaders of the opposition to Hamilton’s policies, he and Jefferson founded the Democratic-Republican Party.

In 1794 Madison married a vivacious widow who was 16 years his junior, Dolley Payne Todd, who had a son; they were to raise no children of their own. Madison spent the period 1797-1801 in semiretirement, but in 1798 he wrote the Virginia Resolutions, which attacked the Alien and Sedition Acts. While he served as Secretary of State (1801-9), his wife often served as President Jefferson’s hostess.

In 1809 Madison succeeded Jefferson. Like the first three Presidents, Madison was enmeshed in the ramifications of European wars. Diplomacy had failed to prevent the seizure of U.S. ships, goods, and men on the high seas, and a depression wracked the country. Madison continued to apply diplomatic techniques and economic sanctions, eventually effective to some degree against France. But continued British interference with shipping, as well as other grievances, led to the War of 1812.

The war, for which the young nation was ill prepared, ended in stalemate in December 1814 when the inconclusive Treaty of Ghent which nearly restored prewar conditions, was signed. But, thanks mainly to Andrew Jackson’s spectacular victory at the Battle of New Orleans (Chalmette) in January 1815, most Americans believed they had won. Twice tested, independence had survived, and an ebullient nationalism marked Madison’s last years in office, during which period the Democratic-Republicans held virtually uncontested sway.

In retirement after his second term, Madison managed Montpelier but continued to be active in public affairs. He devoted long hours to editing his journal of the Constitutional Convention, which the government was to publish 4 years after his death. He served as co-chairman of the Virginia constitutional convention of 1829-30 and as rector of the University of Virginia during the period 1826-36. Writing newspaper articles defending the administration of Monroe, he also acted as his foreign policy adviser.

Madison spoke out, too, against the emerging sectional controversy that threatened the existence of the Union. Although a slaveholder all his life, he was active during his later years in the American Colonization Society, whose mission was the resettlement of slaves in Africa.

Madison died at the age of 85 in 1836, survived by his wife and stepson.

James Wilson

James Wilson

James Wilson (1742-1798) was born near St. Andrews, Scotland. He emigrated to Pennsylvania in 1766, died in Edenton, North Carolina, while on Circuit Court duty for the United States Supreme Court, and was reinterred in Christ Church, Philadelphia. In 1793, a widower with six children, he remarried and one child who died in infancy.

He attended St. Andrews, Glasgow, and Edinburgh, and was a Latin tutor at the College of Philadelphia where he later gave lectures in English Literature and received an honorary Master of Arts degree. Wilson studied law under John Dickinson, was admitted to the bar in 1767, and set up a very lucrative practice in Reading, PA. He bought a farm near Carlisle and became interested in land speculation.

In 1774, Wilson was a member of the Carlisle Committee of Correspondence, and wrote a widely read pamphlet “Considerations on the Nature and Extent of the Legislative Authority of the British Parliament.” He argued that Parliament lacked authority to pass laws for the colonies.

In 1775 and 1776, Wilson was elected to both the First and Second Continental Congress. The Pennsylvania delegation was divided on the issue of reconciliation or separation. Initially, respecting the wishes of his loyalist inclined constituents, Wilson supported a three-week delay to reflect on Richard Henry Lee’s June 7 independence resolution. On July 2, Wilson joined Franklin and Morton and voted for independence.

Wilson’s political career and personal life were controversial between 1776 and 1787. In 1776, Wilson strongly opposed the new Pennsylvania state constitution and, as result, was temporarily recalled from Congress. He also resumed his activities in speculation, and acquired considerable debt. During a food shortage in 1779, Wilson, his friends, and his property on Third and Walnut in Philadelphia–“Fort Wilson”–were attacked. He was rescued by a law enforcement troop. In 1781, Wilson served as a director of the original Bank of North America. He was elected to the Confederation Congress in 1782, where he worked closely with Robert Morris on financial matters.

In 1787, he was appointed to the Constitutional Convention in Philadelphia where he supported majority rule, read Franklin’s speeches, and was on the five-member Committee on Detail that wrote the first draft of the Constitution. He was a strong advocate for the adoption of the Constitution at the Pennsylvania Ratifying Convention. His famous “State House Speech” set the tone for the Federalist-Antifederalist out of doors debate.

Following ratification of the Constitution, he was appointed an Associate Justice of the Supreme Court in 1789. In 1792, he spent time in a debtors prison while still serving on the Supreme Court. He died while riding circuit in North Carolina.

William Pierce, a delegate from Georgia at the 1787 Constitutional Convention who provided sketches of the delegates, wrote of him: “No man is more clear, copious, and comprehensive than Mr. Wilson, yet he is no great Orator.”

Benjamin Franklin

Benjamin Franklin

Benjamin Franklin (1706-1790) was born in Boston, Massachusetts, the tenth son of soap maker, and died in Philadelphia, a man of considerable wealth and international admiration. He was buried in Christ Church Burial Ground. He fathered four children from two common law wives.

Franklin received little formal education but became an avid supporter of the arts and sciences. Later, he received an Honorary Doctor of Laws degree from the University of Edinburgh and Oxford. At age 12, he worked for his half-brother James, printer of the New England Courant, where he published his first article, anonymously, in 1721. At age 16, he moved to Philadelphia, and then sought fame and fortune one year later in Europe. He returned to Philadelphia and re-entered the printing business. Franklin printed The Pennsylvania Gazette (1730-1748) and in 1741 began publishing the annual Poor Richard’s Almanac magazine, reportedly second only to the Bible in popularity and influence.

Franklin was Clerk of the Pennsylvania Assembly (1736-1751), a member of the colonial Pennsylvania Assembly (1751-1764) and a postmaster of the American colonies (1753-1774). Between 1752 and 1775, Franklin also served as an “agent” for Pennsylvania and three other colonies to England, France, and several other European powers. Already popular in Europe, Franklin’s defense of the colonial opposition to the Stamp Act before the House of Commons helped him become a hero in America.

Franklin returned to Philadelphia in 1775. He was elected to both the First and Second Continental Congress. He was a member of a three person diplomatic mission to Canada, along with Charles Carroll and Samuel Chase, to seek a union between Canada and the colonies. He also served on the five-member Committee that drafted the Declaration of Independence. He is reputed to have said upon signing the Declaration: “Gentlemen, we must now all hang together, or we shall most assuredly all hang separately.” In 1787, he represented Pennsylvania at the Constitutional Convention. His “rising sun” speech on September 17, 1787 is a classical expression of Franklin’s optimism about the American experiment.

In addition to coining the phrases “a penny saved is a penny earned,” and “those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety,” Franklin created a list of 13 virtues to live by: temperance, silence, order, resolution, frugality, industry, sincerity, justice, moderation, cleanliness, tranquility, chastity, and humility. He was also one of the earliest and strongest advocates for the abolition of slavery.

Roger Sherman

Roger Sherman

Roger Sherman (1721-1793) was born at Newton, near Boston. He died in New Haven, and was buried in Grove Street Cemetery. He married Elizabeth Hartwell in 1749 and they had seven children. She died in 1760. He then married Rebecca Prescott with whom he had eight children.

When he was two, the family moved from Newton to the frontier town of Dorchester, now Stoughton. His education was very limited, although he did have access to his father’s library. Later as a teenager he attended a new grammar school, and learned the cobbler’s trade from his father. He also met Samuel Dunbar, Harvard trained parish Minister of Stoughton who helped Sherman with mathematics, the sciences, literature, and philosophy.

In 1743, Sherman joined an elder brother in New Milford, Connecticut where they opened the first store in town. He was appointed surveyor of New Haven County and became a leader in the community. New Milford did not have a newspaper, so Sherman wrote and published a very popular Almanac each year from 1750 to 1761. Although he never had a legal education, Sherman was admitted to the Bar of Litchfield in 1754 and, from 1755-1761, represented New Milford in the colonial legislature, and was also a justice of the peace and a county judge. And four years later, he became an associate justice of the Superior Court of Connecticut. In 1761, a very successful landowner and businessman, he moved to New Haven and became a benefactor of Yale.

He was appointed commissary to the Connecticut Troops at the start of the Revolutionary war and elected to the First and Second Continental Congress and to the Confederation Congress in 1781, and 1783-1784.

Sherman was an active and respected delegate who attempted to balance the urgency for intercontinental agreements while retaining the vibrant local institutions to which Americans were attached. He was on the five-member committee in 1776 with Thomas Jefferson, John Adams, Benjamin Franklin and Robert Livingston to draft the Declaration of Independence. And he simultaneously fulfilled his state duties. Sherman was still a judge on the Connecticut and in 1783, he helped to codify the statutory laws of Connecticut. He served as mayor of New Haven (1784-1786). He also served on the committee forming the Articles of Confederation.

Sherman was selected by Connecticut to the Constitutional Convention in 1787 where he defended the rights of the smaller states and the partly national-partly federal Connecticut. Compromise. (Madison’s Notes of the Debates at the Convention credit him with delivering one hundred and thirty-eight speeches). As if that weren’t enough, Sherman wrote essays on behalf of the ratification of the Constitution as well voting in favor of ratification at the Connecticut Ratifying Convention. He was elected to the First Congress as both Representative(1789-1791) and Senator (1791-1793). He was very influential in securing the adoption of the Bill of Rights.

Many of the most notable figures of the revolution, Adams, Jefferson, Madison, admitted a deep admiration for Roger Sherman and his work.