The American Founding

<Constitutional Convention

The Adoption of the U.S. Constitution in Congress at Independence Hall, Philadelphia, Sept. 17, 1787 by John H. Froehlich

The Adoption of the U.S. Constitution in Congress at Independence Hall, Philadelphia, Sept. 17, 1787 by John H. Froehlich
The Adoption of the U.S. Constitution in Congress at Independence Hall, Philadelphia, Sept. 17, 1787 by John H. Froehlich
Courtesy of the State Museum of Pennsylvania, Pennsylvania Historical and Museum Commission.

This painting by John H. Froehlich in 1935 hangs in the Pennsylvania State Museum in Harrisburg. According to N. Lee Stevens, the senior curator of art collections at the State Museum of Pennsylvania, “The artist painted this under the CWA and FERA federal programs employing artists to aid museums.”

Stevens kindly provided us with an identification of each of the delegates portrayed in this painting. The above version of the painting comes from pages 68 and 69 of an early 1942 two-page advertisement in an unidentified magazine by Westinghouse Electric and Manufacturing Co., located in Pittsburgh, Pennsylvania. (Our hunch is that is from the 9 February 1942 edition of Life.)

Froehlich lived in the late nineteenth and early twentieth centuries. He painted scenes of public events, such as the adoption of the United States Constitution. He was from the New England area, but there is very little detail about his life. Froehlich was the President of the Harrisburg Art Club in Harrisburg, Pennsylvania founded in 1904.

The advertisement is entitled “We think this is what they meant.” And the “we think” refers to what “we,” today in World War II America, “think” that “they,” the Founding Fathers of 1787 portrayed in the Froehlich painting, meant by the phrase “to provide for the common defense, to promote the general welfare,” in the Preamble of the Constitution.

The Froehlich part of the advertisement is on page 68. There are 40 people portrayed in the Froehlich “Adoption” painting. Washington is placed higher than anyone else and is clearly recognizable. And also clearly visible are the windows, presented here as half shuttered, and the rising sun chair made popular by Benjamin Franklin‘s famous closing remarks at the Convention. (The assemblage of delegates at the adoption is incorrectly identified as the “Congress.” It should be the “Convention.” Franklin is also easily recognizable; he is standing prominently in the group in the left of the painting. Three other delegates are prominent. They are in the forefront and in the middle and located between Washington and Benjamin Franklin. But who are they? According to curator Stevens they are James Wilson, Nathaniel Gorham and John Rutledge. And who is the studious looking delegate in the front left, finger on chin, feet crossed, document on lap, and two volumes on the floor next to him? Apparently it is James Madison.

The second page of the Westinghouse advertisement addresses the contribution of the company to the war effort and the general welfare. Page 69 lists 12 contributions of the Westinghouse “know how” to the “common defense” and 12 to the “general welfare.” (On the back of the Froehlich painting, page 67, is an advertisement for the 1942 Royal Desserts Recipe Book. The deadline for application is 31 May! On the back of the Westinghouse commentary, page 70, is a story about how seven loyal Japanese Americans in the U.S. Army are teaching 100 U.S. army trainees at Camp Roberts, California to learn jujitsu.)

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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.

John Rutledge

State: South Carolina

Age at Convention: 48

Date of Birth: September 1739

Date of Death: July 23, 1800

Schooling: Middle Temple 1760

Occupation: Planter, Slave Holder, Lawyer, Judge

Prior Political Experience: Lower House of South Carolina 1782, State Constitutional Convention of South Carolina 1776, South Carolina Chancery Court 1784-1791, Governor of South Carolina 1776-1782, First Continental Congress 1774, Confederation Congress 1782-1783

Committee Assignments: First Committee of Representation, Second Committee of Representation, Third Committee of Representation, Chairman of Committee of Detail, Chairman of Committee of State Commitments

Convention Contributions: Arrived May 25 and was present through the signing of the Constitution. Rutledge was willing to support a stronger central government as long as slavery remained under the control of each State. William Pierce stated that “he is undoubtedly a man of abilities, and a Gentleman of distinction and fortune.”

New Government Participation: Attended the South Carolina ratifying convention and supported the ratification of the Constitution. President Washington nominated and the Senate confirmed him as an Associate Justice of the U.S. Supreme Court (1789-1791). President Washington again nominated him as Chief Justice of the U.S. Supreme Court, but the Senate did not confirm him.

Biography from the National Archives: John Rutledge, elder brother of Edward Rutledge, signer of the Declaration of Independence, was born into a large family at or near Charleston, South Carolina, in 1739. He received his early education from his father, an Irish immigrant and physician, and from an Anglican minister and a tutor. After studying law at London’s Middle Temple in 1760, he was admitted to English practice. But, almost at once, he sailed back to Charleston to begin a fruitful legal career and to amass a fortune in plantations and slaves. Three years later, he married Elizabeth Grimke, who eventually bore him 10 children, and moved into a townhouse, where he resided most of the remainder of his life.

In 1761, Rutledge became politically active. That year, on behalf of Christ Church Parish, he was elected to the provincial assembly and held his seat until the War for Independence. For 10 months in 1764, he temporarily held the post of provincial attorney general. When the troubles with Great Britain intensified about the time of the Stamp Act in 1765, Rutledge, who hoped to ensure continued self-government for the colonies, sought to avoid severance from the British and maintained a restrained stance. He did, however, chair a committee of the Stamp Act Congress that drew up a petition to the House of Lords.

In 1774, Rutledge was sent to the First Continental Congress, where he pursued a moderate course. After spending the next year in the Second Continental Congress, he returned to South Carolina and helped reorganize its government. In 1776 he served on the committee of safety and took part in the writing of the state constitution. That year, he also became president of the lower house of the legislature, a post he held until 1778. During this period, the new government met many stern tests.

In 1778, the conservative Rutledge, disapproving of democratic revisions in the state constitution, resigned his position. The next year, however, he was elected as governor. It was a difficult time. The British were invading South Carolina, and the military situation was desperate. Early in 1780, by which time the legislature had adjourned, Charleston was besieged. In May it fell, the American army was captured, and the British confiscated Rutledge’s property. He ultimately escaped to North Carolina and set about attempting to rally forces to recover South Carolina. In 1781, aided by Gen. Nathanael Greene and a new Continental Army force, he reestablished the government. In January 1782 he resigned the governorship and took a seat in the lower house of the legislature. He never recouped the financial losses he suffered during the war.

In 1782-83, Rutledge was a delegate to the Continental Congress. He next sat on the state chancery court (1784) and again in the lower house of the legislature (1784-90). One of the most influential delegates at the Constitutional Convention, where he maintained a moderate nationalist stance and chaired the Committee of Detail, he attended all the sessions, spoke often and effectively, and served on five committees. Like his fellow South Carolina delegates, he vigorously advocated southern interests.

The new government under the Constitution soon lured Rutledge. He was a Presidential elector in 1789 and Washington then appointed him as Associate Justice of the U.S. Supreme Court, but for some reason he apparently served only a short time. In 1791 he became chief justice of the South Carolina supreme court. Four years later, Washington again appointed him to the U.S. Supreme Court, this time as Chief Justice to replace John Jay. But Rutledge’s outspoken opposition to Jay’s Treaty (1794), and the intermittent mental illness he had suffered from since the death of his wife in 1792, caused the Federalist-dominated Senate to reject his appointment and end his public career. Meantime, however, he had presided over one term of the Court.

Rutledge died in 1800 at the age of 60 and was interred at St. Michael’s Episcopal Church in Charleston.

Nathaniel Gorham

State: Massachusetts

Age at Convention: 49

Date of Birth: May 27, 1738

Date of Death: June 11, 1796

Schooling: Local schools

Occupation: Merchant and Speculator, Public Security and Interests, Real Estate

Prior Political Experience: Colonial Legislature 1771-1775, State Upper House of Massachusetts 1780, Provincial Congress 1774-1775, Commonwealth Board of War 1778-1781, Massachusetts Constitutional Convention 1779-1780, Lower House of Massachusetts 1781-1787 and Speaker 1781-1785, Judge of Middlesex County court of common please 1785-1796, Confederation Congress 1782-1783 & 1785-1787, President of Confederation Congress June 1786-January 1787

Committee Assignments: Chairman of the Committee of the Whole, Committee of Detail, Second Committee of Representation, Committee of Trade, Committee of State Commitments

Convention Contributions: Arrived May 28, and except for one day, July 14, was present for the duration and signed the Constitution. He is remembered for his role as the Chairman of the Committee of the Whole. He was a warm supporter of a strong central government. William Pierce stated that “Mr. Gorham is … high in reputation, and much in the esteem of his countrymen, he is eloquent and easy in public debate, but has nothing fashionable or eloquent in his style.”

New Government Participation: Attended the Massachusetts ratification convention, supported ratification of the Constitution. He did not serve in the new government.

Biography from the National Archives: Gorham, an eldest child, was born in 1738 at Charlestown, Massachusetts, into an old Bay Colony family of modest means. His father operated a packet boat. The youth’s education was minimal. When he was about 15 years of age, he was apprenticed to a New London, Connecticut, merchant. He quit in 1759, returned to his hometown and established a business which quickly succeeded. In 1763 he wed Rebecca Call, who was to bear nine children.

Gorham began his political career as a public notary but soon won election to the colonial legislature (1771-75). During the Revolution, he unswervingly backed the Whigs. He was a delegate to the provincial congress (1774-75), member of the Massachusetts Board of War (1778-81), delegate to the constitutional convention (1779-80), and representative in both the upper (1780) and lower (1781-87) houses of the legislature, including speaker of the latter in 1781, 1782, and 1785. In the last year, though he apparently lacked formal legal training, he began a judicial career as judge of the Middlesex County court of common pleas (1785-96). During this same period, he sat on the Governor’s Council (1788-89).

During the war, British troops had ravaged much of Gorham’s property, though by privateering and speculation he managed to recoup most of his fortune. Despite these pressing business concerns and his state political and judicial activities, he also served the nation. He was a member of the Continental Congress (1782-83 and 1785-87), and held the office of president from June 1786 until January 1787.

The next year, at age 49, Gorham attended the Constitutional Convention. A moderate nationalist, he attended all the sessions and played an influential role. He spoke often, acted as chairman of the Committee of the Whole, and sat on the Committee of Detail. As a delegate to the Massachusetts ratifying convention, he stood behind the Constitution.

Some unhappy years followed. Gorham did not serve in the new government he had helped to create. In 1788 he and Oliver Phelps of Windsor, Connecticut, and possibly others, contracted to purchase from the Commonwealth of Massachusetts 6 million acres of unimproved land in western New York. The price was $1 million in devalued Massachusetts scrip. Gorham and Phelps quickly succeeded in clearing Indian title to 2,600,000 acres in the eastern section of the grant and sold much of it to settlers. Problems soon arose, however. Massachusetts scrip rose dramatically in value, enormously swelling the purchase price of the vast tract. By 1790 the two men were unable to meet their payments. The result was a financial crisis that led to Gorham’s insolvency—and a fall from the heights of Boston society and political esteem.

Gorham died in 1796 at the age of 58 and is buried at the Phipps Street Cemetery in Charlestown, Massachusetts.