Early Draft of Constitution Found

Lorianne Updike Toler, lawyer and head of the Constitutional Sources Project in Pennsylvania, has found a rare early draft of the United States Constitution in the hand of James Wilson. It is a major historical and legal find at the Historical Society of Pennsylvania.

It appears the draft was written by Wilson in the summer of 1787. The handwriting appeared incomplete until the rest of the document was found among Wilson’s other papers. The document was entitled “The Continuation of the Scheme.”

This only the third such draft in Wilson’s hand. Wilson served with John Rutledge, Edmund Randolph, Nathaniel Gorham, and Oliver Ellsworth as a member of the important Committee of Detail, which refined the words of the Constitution.

For the full story, click here.

70 Responses to “Early Draft of Constitution Found”


  1. 1 Buddha Is Laughing 1, February 2, 2010 at 9:08 am

    Cool.

    Nice find! And don’t be to worried about not being or seeing Nic Cage. I’m thinking finding another draft is far better than having Cage’s money problems of the moment.

  2. 2 Anonymously Yours 1, February 2, 2010 at 9:19 am

    WOW, is all I can say.

  3. 3 Bob,Esq. 1, February 2, 2010 at 9:58 am

    From the Simpsons…

    (Smithers trying to console Mr. Burns after his loss of his favorite stuffed bear Mr. Bobo)

    Smithers: “Look at all the wonderful things you have, sir: King Arthur’s “Excalibur”. The only existing nude photo of Mark Twain. And that rare first draft of the constitution with the word “suckers” in it.

  4. 4 Anonymously Yours 1, February 2, 2010 at 11:44 am

    I am not surprised that the thread jackers ore not here. It would debase the thing that they claim to hold dear and probably could not even name one signor of the DOI.

  5. 5 Byron 1, February 2, 2010 at 1:21 pm

    The woman in the main article says:

    “The Constitution may be the most important document written in modern history,” said Toler. “It is the longest-standing written constitution and the basis for most of the constitutions in the world.”

    she is incorrect it is the DOI. It [DOI] lays out the reason for an objective system of law. A constitution on it’s own is nothing, the DOI gives a philosophical underpinning to the Constitution. The Constitution is not our primary legal document it is the Declaration.

    A constitution alone presumes man’s rights to extend from the state. Whereas the Declaration declares man has inherent rights that extend from the very nature of man. They are not a grant from the state. The Constitution was written to protect those inherent rights and it has been corrupted over the last 200 years.

  6. 6 empirecookie 1, February 2, 2010 at 1:41 pm

    A friend/colleague of mine was in London last spring and went to the British Library, where they have a fantastic collection of historic documents.

    He was in the room where they keep the original Magna Carta. There is an electronic translation and he and his daughter were looking at the page describing the clause requiring that no one shall be imprisoned except by due process of law. An older British couple were standing beside them, reading the same thing and the woman said: “That’s why the country is in such a mess – that bit there”

    LOL

  7. 7 Duh 1, February 2, 2010 at 1:56 pm

    Byron,

    Did you know the first declaration of independence was issued on May 20, 1775 by the citizens of Mecklenburg County, NC?

    “We the citizens of Mecklenburg County do hereby dissolve the political bands which have connected us to the mother country. … We do hereby declare ourselves a free and independent people … to the maintenance of which independence, we solemnly pledge to each other our mutual cooperation, our lives, our fortunes, and our most sacred honor.”

    http://www.realclearpolitics.com/articles/2008/07/the_first_declaration_of_indepe.html

  8. 8 Anonymously Yours 1, February 2, 2010 at 1:57 pm

    ECookie,

    You can tell people that they are Free. You can even leave the door open. There are some people that still will not believe you.

  9. 9 ThirtyPercenter 1, February 2, 2010 at 2:06 pm

    This is very cool. We’ve been finding a lot of revolution era documents lately. Recently a few letters written by Thomas Jefferson was found, one in Virginia.

    It always gives me goosebumps thinking about the history around these finds. Cool stuff.

  10. 10 Gyges 1, February 2, 2010 at 3:53 pm

    Byron,

    On the other hand, the Declaration by itself did absolutely nothing to ensure that the country that was to follow held itself to the ideals the document espoused.

    By the way, I’d put a few scientific treatises and papers ahead of either of them, working on the assumption that important in this contexts in large part means influencing the lives of people. I’d say the effects of select pieces medical literature has a greater impact on the general populace of the world than the U.S. Constitution or the DOI.

  11. 11 Byron 1, February 2, 2010 at 3:56 pm

    Gyges:

    which ones? Where were they developed? What type of government were they developed under?

  12. 12 Gyges 1, February 2, 2010 at 4:20 pm

    Byron,

    Off the top of my head: Pasture did a bit of work under the Second and third French Republics, and the Second French Empire, The Curie institute was in mid 1900′s France, Watson and Crick (and more importantly and less famously Rosalind Franklin) were in Cambridge.

    I’d say that science and democracy (of some sort) tend to go hand in hand, but that one doesn’t require the other. The Constitution had very little to do with the discovery of pasteurization.

  13. 13 UberMitch 1, February 2, 2010 at 4:27 pm

    You know, the Inquirer article would be a whole lot more informative if it said how the draft was different from the constitution was ratified. I’m not looking for a scholarly treatment, just maybe even one example.

    I bet its different in some cool way, too. Like it declares every Thursday ice cream day, or makes Christmas every month.

  14. 14 UberMitch 1, February 2, 2010 at 4:28 pm

    THAT was ratified. That.

  15. 15 Christi Johnson 1, February 2, 2010 at 4:38 pm

    i was going to make a nicholas cage joke, but it seems a few of you beat me to the punch.

  16. 16 Anonymously Yours 1, February 2, 2010 at 4:41 pm

    UberMitch,

    Christmas, Nah, they did not do much with respect to Christmas in those days. As a matter of fact it was still considered a Pagan Ritual and it was banned her in the loose confederation of states that came to be.

    It was not until after Christmas did the US begin to celebrate it. Thomas Nast helped commercial it.

  17. 17 UberMitch 1, February 2, 2010 at 5:10 pm

    Anonymously Yours:

    The founders not concerned with Christmas? But but but… what about all the wailing about America being founded as “Christian Nation”? What about Bill O’Reilly’s “War on Christmas Campaign?” Why, its almost as if all of that is bullshit!

  18. 18 Anonymously Yours 1, February 2, 2010 at 5:18 pm

    Corrected version and response:

    UberMitch,

    Christmas, Nah, they did not do much with respect to Christmas in those days. As a matter of fact it was still considered a Pagan Ritual and it was banned here in the loose confederation of states that came to be the US

    It was not until after the Civil War did become celebrated in the US. Thomas Nast helped commercial it.

    Anonymously Yours:

    The founders not concerned with Christmas? But but but… what about all the wailing about America being founded as “Christian Nation”? What about Bill O’Reilly’s “War on Christmas Campaign?” Why, its almost as if all of that is bullshit!

    It was founded by those Quakers folks and Puritans people. They took umbrage at people talking off on the 25th and a number of states passed laws against closing on those dates. I remember reading that some state was actually in session on Xmas day.

    So to answer your question. Yes, Bill O is full of it….

  19. 19 Byron 1, February 2, 2010 at 5:22 pm

    Gyges:

    to an extent I agree but science needs the mind free. Although Hitlers Germany is a good example of science in a repressive state. They did quite well and almost got the atom bomb before us. So is Soviet Russia and Communist China.

    I wonder why scientists would work for a repressive regime?

  20. 20 Bdaman 1, February 2, 2010 at 6:31 pm

    In 1870, Christmas was formally declared a United States Federal holiday, signed into law by President Ulysses S. Grant.

  21. 21 Anonymously Yours 1, February 2, 2010 at 6:34 pm

    And your point is that you agree that the US was not founded upon the Christmas Holiday, unless my math is bad.

  22. 22 Kate 1, February 2, 2010 at 6:36 pm

    Byron, you wonder why scientists would work for a repressive regime. I can think of two quick reasons: (1) threats to the scientist’s personal safety, and (2) threats to the safety of those the scientist cares about, such as parents, children, spouse, siblings…

  23. 23 Bdaman 1, February 2, 2010 at 6:52 pm

    My point is, Christmas was formally declared a United States Federal holiday, signed into law by President Ulysses S. Grant in 1870.

  24. 24 Anonymously Yours 1, February 2, 2010 at 6:57 pm

    So the 4 and a half score and 4 years before the founding father ……

  25. 25 Bdaman 1, February 2, 2010 at 7:05 pm

    I find the above truths to be self evident.

  26. 26 Byron 1, February 2, 2010 at 7:46 pm

    Kate:

    But the German scientists worked quite fast. I think a couple slowed it down but not many. Werner Von Braun should have been shot, instead he helped us get to the moon.

    I think a good many scientists don’t really care about philosophy or politics, they only care about what is in front of them at the moment.

    Natan Sharansky comes to mind as one who understood the bankruptcy of totalitarian regimes and went to prison because of his opposition. If more scientists in the Soviet Union and Communist China had followed or would follow his model there might have been or currently might be less repression of average folks.

  27. 27 Amon Re 1, February 2, 2010 at 7:53 pm

    Even worst than pagan they found christmas to be a papaist holiday

  28. 28 Amon Re 1, February 2, 2010 at 7:54 pm

    papaist=papist

  29. 29 Pinandpuller 1, February 2, 2010 at 8:31 pm

    Gyges

    “I’d say that science and democracy (of some sort) tend to go hand in hand, but that one doesn’t require the other. The Constitution had very little to do with the discovery of pasteurization.”

    But it does have a lot to do with the fact I can’t buy or sell unpasteurized milk.

    Also-wouldn’t it be funny if HIS name was Crapper?

  30. 30 Pinandpuller 1, February 2, 2010 at 8:32 pm

    A lot of people don’t know this but the Constitution was originally going to be called “War-What Is It Good For?”.

  31. 31 Pinandpuller 1, February 2, 2010 at 8:34 pm

    AY

    “It was not until after Christmas did the US begin to celebrate it. Thomas Nast helped commercial it.”

    To be fair-Santa used to ask if you were Nast-y or Nice so he had to do something.

  32. 32 Anonymously Yours 1, February 2, 2010 at 8:50 pm

    Amon Re

    Did you intend this to use this in a derogatory sense or in the sense that they were follower of the pope whom celebrated Christmas? Hence, just a fact.

    At the time that the settlers stole the vacant land from the Indians it was the quakers that came here for religious freedoms or to escape a certain death. But you also must not forget the Anabaptist/Mennonites that came here about the same time to survive.

    Both have tolerant views of others religions though a large percentage of the folks coming here from England were Anglican or “Anti-Catholic” the founding fathers signing were about 49. I understand 28 WERE Church of England to Deist. I think 3 Catholics. Jefferson had his own Beliefs and wrote his own Bible. There is lots more but you get the gist.

  33. 33 Pinandpuller 1, February 2, 2010 at 9:00 pm

    UberMitch

    “The founders not concerned with Christmas? But but but… what about all the wailing about America being founded as “Christian Nation”? What about Bill O’Reilly’s “War on Christmas Campaign?” Why, its almost as if all of that is bullshit!”

    I guess you are confusing a pagan celebration of the Winter Solstice with a Messianic Jew’s death, burial and resurrection. The Catholic Church is well know for its stand on adoption.

    The Mormons are more realistic as it is said that Joseph Smith’s statue faces the bank with his back to the temple (Haven’t been to SLC since I was a kid-outside the airport-so I can’t provide reliable eyewitness testimony).

  34. 34 Pinandpuller 1, February 2, 2010 at 9:02 pm

    Byron

    “I wonder why scientists would work for a repressive regime?”

    Tea and cake or death?

  35. 36 Pinandpuller 1, February 2, 2010 at 9:07 pm

    AY

    If Lincoln is Mika Brzinski’s favorite founding father then we can Grant him that.

  36. 37 Pinandpuller 1, February 2, 2010 at 9:14 pm

    AY

    “But you also must not forget the Anabaptist/Mennonites that came here about the same time to survive.”

    Anabaptists don’t go to interfaith church picnics because they freak out when its time to light the grill.

  37. 38 Bdaman 1, February 2, 2010 at 9:20 pm

    Nice thread, no name calling just facts and humor.

  38. 39 David Marble 1, February 2, 2010 at 9:31 pm

    This is great. Saw this particular link posted on Twitter. Professor Turley, I took Torts from you!

    I’m the current Executive Director for the organization Lorianne founded, ConSource. She’s an amazing Constitution teacher and budding scholar now at Oxford, and quite a visionary in her efforts to disrupt the field of source document digitization.

    ConSource is small — 4 full-time and 4 part-time staff. We focus on using mass collaboration (mostly undergraduate and law students so far) to transcribe, proofread, and cross-reference documents from constitutional history. We also run programs to create source document-based lesson plans for all levels of education, and work with lawyers, judges, and librarians to help them research constitutional history.

    To Byron and others who had a fun mini discussion here, we’re trying to make available the breadth of constitutional history, not just the text of a few documents here or there. That includes the Constitution’s philosophical underpinnings, including documents, ideas, and debates that have shaped not just Article I up through the Bill of Rights, but later Amendments as well.

    Feel free to drop us a line with any questions or thoughts using the “Contact Us” link at the bottom of our site, http://www.consource.org.

  39. 40 Anonymously Yours 1, February 2, 2010 at 9:38 pm

    US can almost be assured on that but only on the back end of the lineup of War President. I will grant you that and take 2 Jacks and to Lincolns in exchange. However I would like to bath in 100 Wilson’s any day of the week or any combination of the following:

    # $ 1 Washington
    # $ 2 Jefferson
    # $ 5 Lincoln
    # $ 10 Hamilton
    # $ 20 Jackson
    # $ 50 Grant
    # $100 Franklin

    ceased production 1969

    # $500: William McKinley
    # $1,000: Grover Cleveland
    # $5,000: James Madison
    # $10,000: Salmon P. Chase
    # $100,000: Woodrow Wilson (Never circulated)

    What 3 bills in circulation were never presidents?

    Chase, Hamilton and Franklin.

  40. 41 Anonymously Yours 1, February 2, 2010 at 9:42 pm

    Correction:

    US can almost be assured on that, but only on the back end of the lineup of War President. I will Grant you that and take back 2 Jacks and 2 Lincolns in exchange. However I would like to bathe in 100 Wilson’s any day of the week or any combination of the following:

  41. 42 Anonymously Yours 1, February 2, 2010 at 9:43 pm

    Bdaman 1, February 2, 2010 at 9:20 pm

    Nice thread, no name calling just facts and humor.
    *************

    I would like to not be on the defensive mode but sometimes some people leave no choice.

  42. 43 Pinandpuller 1, February 2, 2010 at 9:43 pm

    Is this like Fantasy Football?

  43. 44 Anonymously Yours 1, February 2, 2010 at 9:44 pm

    P&P,

    Nor do they listen to Jim Morrison, come on Baby Light my Fire……

  44. 45 Amon Re 1, February 2, 2010 at 10:42 pm

    AY….Papist as a term I believe was a common derogatory name for Roman Catholics back in the early days of our country….Being as I come from a long line of papists..I dont let it bother me at all..

  45. 46 Pinandpuller 1, February 2, 2010 at 11:13 pm

    I think he’s worried about the results of his Papist Smear. The next step is a Catholscopy.

  46. 47 Anonymously Yours 1, February 2, 2010 at 11:39 pm

    Do tell.

  47. 48 pete 1, February 3, 2010 at 1:00 am

    maybe they could loan it to the george w bush presidential library

  48. 49 Anonymously Yours 1, February 3, 2010 at 6:56 am

    Pete,

    Why W never learned to read.

  49. 50 Pinandpuller 1, February 3, 2010 at 7:51 am

    AY

    I thought that you would say somthing along the lines of the Constitution, W and a shredder.

  50. 51 Gyges 1, February 3, 2010 at 11:29 am

    Byron,

    You might as well ask “why do shoe makers work for oppressive governments?” People (even scientists) are people.

  51. 52 Blouise 1, February 3, 2010 at 11:55 am

    “The Continuation of the Scheme” … Toler is to be commended and Wilson … We the People, thank you.

  52. 53 Sandra 1, May 12, 2010 at 4:40 pm

    Wow, would have never thought someone would find the draft!

  53. 54 Mandy 1, May 21, 2010 at 1:52 am

    Just six weeks after the September 11th attacks on the world Trade Center and the Pentagon, Congress passed the Patriot Act. The Patriot Act gives investigators the power to spy on its own citizens. Since the terrorist attacks of September 11th and the Patriot Act, the rights of citizens of the United States and prisoners being held in camps such as Guantanamo Bay and Abu Ghraib have been violated by the United States breaking the Geneva Convention. The idea of American justice is slowly becoming the idea of American injustice.

  54. 55 Julie 1, May 22, 2010 at 6:55 am

    Its really a huge news. I never thought it would be possible to find the draft. We should thank Lorianne Updike Toler for finding this antique.

  55. 56 Mary 1, May 23, 2010 at 7:55 am

    Christmas is a United States Federal holiday and it is really a great news for all if they could find much more drafts well it is also a knowledgeable draft for us.

  56. 57 Katie 1, May 27, 2010 at 4:20 pm

    I think you are confusing a pagan celebration of the Winter Solstice with a Messianic Jew’s death, burial and resurrection.

  57. 58 Jackie 1, May 30, 2010 at 6:44 am

    We all know how important our history is to us. So this recovery is huge for us. I never thought it would be possible to find this draft. Thanks for sharing.

  58. 59 Kerry 1, June 1, 2010 at 3:22 pm

    Isn’t the REAL constitution to be found in Kenya somewhere?

  59. 60 Rebecca 1, June 12, 2010 at 3:47 pm

    Your posting i think not new because there are a lot of people have already post it or read it, but it’s okay. Please note this , in your post there are few words that you not edit with carefully after you used Google translate for translate it from your mother language into English about on early draft of constitution found.

  60. 61 Molly 1, June 30, 2010 at 2:23 am

    I believe was a common derogatory name for Roman Catholics back in the early days of our country….Being as I come from a long line of papists. Thanx for the info.

  61. 62 Christine 1, July 29, 2010 at 6:02 am

    By the way, I’d put a few scientific treatises and papers ahead of either of them, working on the assumption that important in this contexts in large part means influencing the lives of people. I’d say the effects of select pieces medical literature has a greater impact on the general populace of the world than the U.S. Constitution or the DOI.

  62. 63 Anonymously Yours 1, July 29, 2010 at 9:38 am

    I cannot agree in totality. Without the Constitution and Russia’s is very similar to the US’s there would be not need. But in a civilized society, some rules must remain constant in order to maintain stability and order and the medical field is one piece of it.

    What would you do without the regulation of electricity? How about when the train industry went bankrupt in the 1870′s? They all must work in tandem to assure that they work in totality.

  63. 64 Sandy 1, August 19, 2010 at 8:08 am

    Well, I’d say the effects of select pieces medical literature has a greater impact on the general populace of the world than the U.S.

  64. 65 Kristi 1, November 8, 2010 at 12:36 pm

    Great find for sure, and an interesting article.

  65. 66 Sandra Hopkins 1, January 11, 2011 at 3:06 am

    That’s cool. You would never thought that a draft like that could be so important, imagine that was written 1787. If I was the one who’ve found that I might have just throw it.


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