Charters of Freedom

Creating the Charters of Freedom

Thomas Jefferson (right), Benjamin Franklin (left), and John Adams (center) meeting at Jefferson's lodgings on the corner of Seventh and High (Market) streets in Philadelphia to review a draft of the Declaration of Independence. Oil on canvas painting by artist Jean Leon Gerome Ferris. Virginia Historical Society Collection.

The journey to creating the Charters of Freedom was born out of revolution. The American colonies' rebellion against the abuses of the British Crown culminated in the outbreak of war at Lexington and Concord on April 19, 1775. "No Taxation without Representation" became the rally cry of the patriots. It wasn’t until over a year later, however, that the Second Continental Congress appointed a Committee of Five to draft the Declaration of Independence. The Declaration formally announced to the world that the American colonies were breaking away from the British Empire.

Committee member Thomas Jefferson was selected to draft it, as he was already known to be an eloquent writer. The final version was adopted on July 4, 1776 - Independence Day - at the Pennsylvania State House, now known as Independence Hall, in Philadelphia. Knowing their participation in this process was considered a treasonous act punishable by torture and death, 56 brave delegates risked their lives and fortunes by signing the Declaration.

Fighting continued another five years until British General Lord Charles Cornwallis surrendered to General George Washington at Yorktown, VA on October 19, 1781. The Americans and British signed the Treaty of Paris on September 3, 1783 bringing an official end to the war and the birth of a new nation.

The formation of this new nation, however, had only just begun. Free from the Crown, the Founding Fathers had to figure out how to set up a sustainable government that would not relapse into the same type of despotic regime they had revolted against. Since 1781, the 13 separate states (former colonies) had been loosely joined under the Articles of Confederation. But the Articles quickly proved to be deficient in managing commerce and trade, raising a national defense, and levying taxes to pay for it. In 1787, delegates met at Independence Hall in Philadelphia for a Convention with the initial purpose of simply revising the Articles. But delegate James Madison of Virginia knew that more radical change was necessary. He came prepared.

Portrait of James Madison painted by artist Gilbert Stuart, circa 1805-1807.

Before the Convention, he researched and made notes of every confederacy throughout history, both ancient and modern, listing both the strengths and weaknesses of each. He prepared another list of the vices of the then-current American political system. From his research, he developed what became known as the Virginia Plan, which served as the framework for the U.S. Constitution - the starting point for negotiations. Once introduced into the proceedings, the meeting’s focus shifted from amending the Articles to creating a whole new constitution. The meeting became known as the Constitutional Convention. Madison never missed a day of the Convention and took the most detailed Notes of any delegate.

After four months of deliberation, the final Constitution was signed on September 17, 1787, then sent to the 13 states for ratification. Intense public debate ensued between 2 major camps - the federalists, who supported the Constitution and a stronger federal government versus the anti-federalists, who were wary of centralizing power. While states were deciding on ratification, members from each camp published their respective arguments in newspapers under pseudonyms.

The federalist authors, under the name "Publius," were later identified as James Madison, Alexander Hamilton, and John Jay. They launched a coordinated defense of the Constitution through 85 essays, which became known as The Federalist Papers. The anti-federalist authors, who included Melancton Smith and Patrick Henry,  published papers in an uncoordinated effort under both pseudonyms ("Centinel," "Brutus," "Cato," and the "Federal Farmer") and in the open. Those writing under pen names have never been identified with certainty. Their writings have been gathered by historians and published as The Anti-Federalist Papers.

Among the anti-federalists’ concerns was that the proposed Constitution did not contain a Bill of Rights. Once the federalists agreed to amend the Constitution to include such rights, the remaining number of states needed to cross the ratification threshold - 9 of 13 - voted in favor. The Constitution was ratified in June 21, 1788.

George Washington's inauguration as first President of the United States on April 30, 1789 at New York's Federal Hall. Oil on canvas painting by artist Ramon de Elorriaga, circa 1889.

In accordance with the new U.S. Constitution, George Washington was elected the first President of the United States and inaugurated on April 30, 1789. He became known as the “Father of Our Country.” For his significant role in drafting, defending and documenting the Constitution and Bill of Rights, James Madison, who would be elected fourth President, became known as the “Father of the Constitution” in his own lifetime. To fulfill the promise to the anti-federalists, he drafted a Bill of Rights, which were modified and ratified on December 15, 1791.

These treasured documents, now damaged and faded, represent the soul of America. The Founding Fathers understood that the American Experiment would only survive if the people, guided by public virtue, took an active role in self-government. They proved that compromise could be reached even amongst citizens of vastly different political and economic ideologies. And most importantly, they showed that healthy public debate can lead to the best outcomes. After all, it was only through passionate dissent that we have the Bill of Rights.