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Patrick Henry's Final Gambit

Fifth of a Series by Bob Toerpe

The Revolutionary War had been won.  The Constitution had been written, eight states had approved it, one more was required.  The vote would be close.

James Madison, 37, arose early on June 23. This could be the day of reckoning for the federalists.  The night before he had written letters and  entries in his personal journals which reflected how he and 31-year-old Alexander Hamilton of New York had been working for this day for almost 8 years.  Each, independently, had developed many of the concepts and ideas which were in the final document.

Two themes which had to be included were: 

1.) A government founded only on state legislatures would not end up being democratic.  It must give true power to the people.  And 2.) The inherent greed of man must be accepted as a given, therefore the concept of controlled self-interest must be incorporated throughout the document.

As Madison entered the hall he knew that his side would immediately call for a vote to ratify.  He knew the vote would be close but his count showed he had 3 or 4 more votes than the 85 needed.

The motion for the vote was met with protest.  "It is premature," said Patrick Henry.  He offered a substitute resolution:

Resolved, That, prior to ratification, a bill of rights...must be referred by this convention to the other states for their prior approval...

This resolution would reopen the entire process and lead to indeterminate delays.  

The federalists bitterly attacked this obstructionist approach. Edmund Randolph, the governor of Virginia, argued that the constitution included provisions for amendment, but those must take place after it is approved, not before.  "We must not alter this document until after it is the law of the land."

Madison was worried.  he arose and assured the delegates that after the constitution was ratified, he would lead the fight for a bill of rights.  He implored the delegates to not let this historic opportunity pass.

Henry would not withdraw his substitute resolution which had to be voted on before a ratification vote was taken.  The vote began, the federalists needed 85 of the 168 delegates to keep the constitution alive.  After 160 votes it was tied at 80-80.  Henry's forces  needed only 5 more votes to scuttle the constitution.  However, the last 8 were federalists and Henry was defeated 88 to 80.

On June 24th, 1788, in Richmond, Virginia, the United States approved an 11 page document which changed the world.

The vote was 89 "for" and 79 "against."
 

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