The Dissenters of the Constitution

It’s been some time since I’ve given a history lesson on here. This one I stumbled upon recently while I was in Philadelphia. It’s something even I didn’t know, and I’ve been studying history for more than seven years. I’m really excited to share this.

A lot of times when we talk about early American history and the first colonies set up by Europeans, we really only mention Jamestown and Plymouth. We mention that these colonies were established and then it jumps to the causes of the Revolution. However, there was stuff that happened between then. I will admit I don’t know everything about this so I’m not going to mention a lot about this time between the settlement of the colonies and the Revolution.

That being said, I can tell you confidently that people were in the colonies in what is now America for over 150 years. That’s a long time! It wasn’t just instant like many people are made to believe. The colonists and settlers didn’t return to England. They didn’t see the Western Hemisphere, claim it for the Crown, and then head home. They stayed there, their families came over, and they established a new society 3000 miles away from their home. It wasn’t just a vacation where they go and then return back to their home. They settled down and created a new home for themselves.

When the charters were granted, the companies were allowed to appoint officers and leaders, and govern themselves so long as they followed English law. The British government themselves didn’t interfere all that much. Again, this was the way of life for over a century. That’s at least 4-5 generations of people who lived without interference from the overarching government. So when, after the Seven Year’s War, the government levied taxes on the colonies, the colonists were understandably outraged. They wanted to be able to speak for themselves as British citizens and they were denied that right. The popular outcry was “No taxation without representation.” They believed they should have their voice heard so that decisions could be made for their benefit.

Tensions rose, tempers heated, and on July 4, 1776, men signed the Declaration of Independence. In doing so, they actively committed treason. They were liable for the words of that Declaration. In fact, five were captured, tortured, and killed. Twelve Signers’ homes were burned down. Two had their sons captured. Eleven either died or lost their children while fighting in the Revolution. That is a total of 30 out of the 56 men who signed it. They were directly impacted because they signed the Declaration of Independence.

The colonists also believed that the government had abused their power. As we just saw, the men who signed had their lives upended, and some even lost their lives. So when the American colonies won the War of the American Revolution, they wanted to create a government that would prevent those abuses of power. They tried with the Articles of Confederation, but that created too much chaos. So instead of one man who controlled everything, the new states sent a total of 55 delegates to the Philadelphia State House (Now called Independence Hall) to create a document in the same room and with hopefully the same amount of power as the Declaration of Independence.

It was a hot summer in Philadelphia, and the delegations went on all summer. Clauses were drafted and shot down. Delegates left and returned home. In the end, on September 17, 1787, thirty-nine of the forty-two men signed their approval for the Constitution. It was sent out to the states, and once nine of the thirteen ratified it, the Constitution became law, and this country became the United States of America.

But what about the three men who dissented? Three men on that September day did not sign the Constitution. They said they didn’t believe the Constitution was ready to support the people they represented. These men surely would face repercussions. We already discussed the last time a group of people disagreed with the government.

The first dissenter was George Mason. He held heated debates in Philadelphia while he made his voice heard. He refused to sign for a number of reasons. His state, Virginia, was mainly in favor of ratification, so his opinions were unpopular. Nevertheless, that did not stop him from being involved in helping draft Virginia’s state constitution. He became ill in 1792 and was never able to recover. To this day, his legacy is cemented by George Mason University, named in his honor.

Edmund Randolph, also of Virginia, was the second dissenter. He actually introduced the Virginia Plan, which was a plan that supported the larger states. This plan said that there should be two branches of legislators, and both should be based on population of the states. Places like Virginia and New York, with some of the largest populations of the states, would have then had the most representatives and therefore the most influence on making laws. However, he refused to sign because he felt there weren’t enough checks and balances with the branches of government. He also was later invited to the Virginia State Ratification Convention. His support of the state constitution awarded him a position in Washington’s Cabinet, first as Attorney General, and then as Secretary of State when Jefferson resigned. Towards the end of his life, his wife died. He suffered from heartbreak and paralysis before he died in 1813.

The third dissenter to mention is Elbridge Gerry of Massachusetts. His main issue with the Constitution was that he felt the people didn’t have enough rights for themselves. He didn’t sign the Constitution. Similar to Mason, he came under fire because Massachusetts was largely in favor of ratification. However, Gerry changed his mind when he heard that other states were also calling for a bill of rights for the people. He actually went on to represent Massachusetts in the House of Representatives. Even better, he served as James Madison’s Vice President. However, in my opinion, his most memorable legacy is while he was Governor of Massachusetts. When his opponents tried to hold onto power by rearranging districts, his allies coined the term “gerrymandering”. In 1814, he also succumbed to illness.

In short, what happened to these men after they disagreed with the government? Effectively, nothing. They all went on to do other things politically. They weren’t hanged. They weren’t tortured or tried for treason. They may have faced negativity from public or popular opinion, but they weren’t ostracized. They were still able to live fruitful lives, and their disagreement with the government is but a minor blip in the grand scheme.

I don’t know about you, but I think it is so fascinating that these men were able to go against the government with minimal effects on the rest of their lives. America was built on the idea of checks and balances and making sure no one abuses the power. This isn’t a conversation on whether or not that always works; but it is a direct comparison of the way the colonists believed that the British government was abusing their power and how they handled when confronted with very similar problems. Not only do Americans have the right to protest as laid out by the First Amendment, but they have the right to do so with minimal consequences. Other countries don’t have that freedom. As mentioned, that was a big reason why the American colonies originally began to break away from the British government.

I believe there is a lot to learn from these dissenters. They set a precedent of going against the government in a way that wouldn’t cause them or others harm. The American government is not perfect. People make mistakes and mess up. However, it is an American right to stand up and disagree with the government. You’re allowed to say no. There are actions you can take. (I’m not going to list them here). But at least here in America, you aren’t in trouble for disagreeing with the people in charge. Learn your rights and use them.

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