Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 10-17-2012 How Bad Were the Official Records of the Federal Convention? Mary Sarah Bilder Boston College Law School,
[email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/lsfp Recommended Citation Mary Sarah Bilder. "How Bad Were the Official Records of the Federal Convention?." The George Washington Law Review 80, no.6 (2012): 1620-1682. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. How Bad Were the Official Records of the Federal Convention? Mary Sarah Bilder* ABSTRACT The official records of the Constitutional Convention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand’s criticisms of both the records and the man responsible for keeping them—Secretary of the Convention William Jackson. This Article disagrees with Farrand’s conclusion that the Convention records were bad, and aims to resurrect the records and Jackson’s reputation. The Article suggests that the endurance of Farrand’s critique arises in part from misinterpretations of cer- tain procedural components of the Convention and failure to appreciate the significance of others, understandable considering the inaccessibility of the of- ficial records. The Article also describes the story of the records after the Con- vention but before they were published, including the physical limbo of the records in the aftermath of the Convention and the eventual deposit of the records in March 1796 amidst the rapid development of disagreements over constitutional interpretation.