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The Freeman 1972 - The Ludwig von Mises Institute

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<strong>1972</strong> MAKING THE CONSTITUTION 693<strong>The</strong> convention operated on therule that no decision on any particularof the constitution shouldbe considered final. This enabledthe convention to adjust the partsto one another as alterations weremade.<strong>The</strong> convention was remarkableboth for its orderliness and forthe absence of rancor among themembers. On the one or two occasionswhen tempers flared, thestrong feeling quickly subsided.<strong>The</strong>re did appear to be some impatiencein the last few days withgoing over ground already covered.Even so, an effort was madein the last days to make changesthat might satisfy the few· holdoutsfrom signing. It is necessaryto read but briefly into Madison'snotes to get the feeling that thesemen were taking very seriouslywhat they were doing, that thoughtheir task was urgent everythingmust be considered with greatcare. Above all, many were determinedto stick with the undertakinguntil something had been completedto present to the public.Doubts and DifferencesIt was well that they were, fortheir object lay on the other sideof a thicket of uncertainties,doubts, and differences.· Even whatthey were supposed to do at theconvention was in doubt. <strong>The</strong>resolution adopted by Congresscalling the convention declaredthat it was to be for the "solepurpose of revising the Articles ofConfederation." It was clearenough what Congress had said,but these men were gathered torepresent their states and weresupposed to act under their instructions,if any. <strong>The</strong> instructionsdiffered enough one fromthe other that a good case couldbe made that the conventioncould do what its membersthought best. Most of those gatheredagreed with the idea thattheir task was to construct a planfor a new system of government,or accepted it without favil. <strong>The</strong>few who did not could leave, andsome did.It was only with some difficultythat they a"greed on how theywould vote. Delegates from severalstates were bent on havingrepresentation in the new governmentbased on population orwealth, as the Virginia· Plan provided.<strong>The</strong>y would have the bestchance of getting this into a constitutionif the states had votes inthe .convention proportionate totheir populations. <strong>The</strong>re was nolikelihood, however, that the smallerstates might agree to this, sothe convention votes were bystates, each state having one voteregardless of how many delegatesthere were, just as in the case ofthe Congress. If a state's delega-

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