University of Louisville ThinkIR: The University of Louisville's Institutional Repository Electronic Theses and Dissertations 12-2003 James Wilson : progressive constitutionalist. Bradley Jay Caffee 1972- University of Louisville Follow this and additional works at: https://ir.library.louisville.edu/etd Recommended Citation Caffee, Bradley Jay 1972-, "James Wilson : progressive constitutionalist." (2003). Electronic Theses and Dissertations. Paper 194. https://doi.org/10.18297/etd/194 This Master's Thesis is brought to you for free and open access by ThinkIR: The University of Louisville's Institutional Repository. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of ThinkIR: The University of Louisville's Institutional Repository. This title appears here courtesy of the author, who has retained all other copyrights. For more information, please contact [email protected]. JAMES WILSON: PROGRESSIVE CONSTITUTIONALIST By Bradley Jay Caffee B.A., Indiana University South East, 2001 A Master's Thesis Submitted to the Faculty of the Graduate School of the University of Louisville in Partial Fulfillment of the Requirements for a Degree of Master of Arts in History Department of History University of Louisville Louisville, Kentucky December, 2003 m Copyright 2003 by Bradley Jay Caffee All rights reserved JAMES WILSON: PROGRESSIVE CONSTITUTIONALIST By Bradley Jay Caffee A Master’s Thesis Approved on October 29, 2003 By the following Master’s Thesis Committee: Thesis Director ii DEDICATION Without the sacrifices of my dear mother Norna B. Caffee and beloved wife Robin Deckard-Caffee the completion of this thesis would not have been possible. I dedicate this work to them. 111 ACKNOWLEDGMENTS There are numerous persons, without whose encouragement, comfort and aid I would have never finished this master's thesis. Listing all of them would take more pages than ought to be used. I must acknowledge my debt to Dr. Glenn Crothers who set me on the path of studying history, seemingly long ago, as an undergraduate at Indiana University South-East. And I would like to thank Dr. Wayne Lee for his challenging insights throughout my graduate studies at the University of Louisville. I am also grateful to Dr. Paul Weber for serving as the political scientist on my thesis committee. Above all, however, I must thank Dr. Thomas Mackey who put forth a tireless energy in keeping me on course. It may be added that I was never disappointed by following his good judgment. IV ABSTRACT ... JAMES WILSON: PROGRESSIVE CONSTITUTIONALIST Bradley Jay Caffee December, 2003 This essay is a biography and ideological interpretation of James Wilson. Wilson was an important member of the Revolutionary generation whom historians and political theorists too often overlook. Moving from the rise of historical interest in Wilson and reasons why Wilson deserves study, this essay tells the story of Wilson's ideological development from the opposition Whig struggles of the 1760s until his law lectures in 1790 and 1791. Originally willing to accept Lockean ideas of contractualism in the British constitution he, like many Americans, rejected such contractualism during the Revolution in favor of an un-transferrable popular sovereignty that could only convey instrumental powers. The American constitutions were instruments of the People, not contracts. The purpose of this essay is to demonstrate that Wilson's understanding of popular sovereignty, instrumentalism and, ultimately, the 1787 federal Constitution, was couched in a progressive vision of civil society. For Wilson, such concepts were not clever manipulations used to establish power and conservatism in government, but rather, appreciable discoveries drawn from the American experience. v TABLE OF CONTENTS PAGE ACKNOWLEDGMENTS ............................................................................................... .iv ABSTRACT...................................................................................................................... v CHAPTER I. WILSON AT THE BEGINNING OF THE TWENTY-FIRST CENTURy ................ .! II. FROM OPPOSITION WHIG TO REVOLUTIONARY .......................................... .32 III. WILSON: EVOLVING DEMOCRAT OR CONSPIRATORIAL ELITIST? ........... 61 IV. WILSON THE CONTINENTALIST AND THE ARTICLES ................................. 79 V. WILSON AT THE 1787 CONSTITUTIONAL CONVENTION ............................ 94 VI. WILSON AND THE TWO NEW CONSTITUTIONS ......................................... .l26 VII. THE PROGRESSIVE CONSTITUTIONAL DOCTRINE ................................... 142 VIII. CONCLUSION .................................................................................................... 170 REFERENCES ............................................................................................................... 177 CURRICULUM VITAE................................................................................................. 182 VI CHAPTER I WILSON AT THE BEGINNING OF THE TWENTY-FIRST CENTURY A progressive State is necessary to the Happiness and Perfection of Man. Whatever attainments may be already possessed, attainments still higher ought to be pursued. It is our Duty, therefore, to press forward, and to make increasing Advances in every Thing that can support, improve, refine and embellish Society. ~ James Wilson, 1788 In 1998, the historians Anthony Molho and Gordon S. Wood sounded a pessimistic chord concerning both the state of early American studies and the place of the United States in the contemporary world. Molho and Wood thought that American self- perception and historic interest were concurrently experiencing a diminution, arguing that the lack of interest in early American history among students had a direct connection to a more general disillusionment about the American destiny. They linked the American sense of importance to a sense of exceptionalism arguing that American exceptionalism was on the wane.1 But Molho’s and Wood’s analysis can be questioned. Historian Daniel T. Rodgers, though in agreement with Molho and Wood, admitted that uniqueness is distinct from exceptionalism. Every nation on Earth can claim some uniqueness, but exceptionalism is a belief in a culturally inherent immunity to the more general currents of history.2 It is questionable if exceptionalism was ever that important to the American psyche, given that uniqueness of any sort may be sufficient to suggest a global mission, 1 Anthony Molho and Gordon S. Wood, “Introduction” in Imagined Histories: American Historians Interpret the Past, ed. Anthony Molho and Gordon S. Wood (Princeton: Princeton University Press, 1998), 3-16. 2 Daniel T. Rodgers, “Exceptionalism” in Imagined Histories ed. Molho and Wood, 21-22. 1 all immunities to history aside. Nonetheless, Molho and Wood’s implication may be right that Americans are coming to question exactly what their mission in history is, just as they are coming to re- assess the role of the United States in the community of nations. Though interest in early American history was declining in the late 1990s the decline may have been more due to the siren’s call of the dot-com boom than a growing pessimism in the American destiny.3 In any case, given that America faces a possible reconfiguration in its own vision, it is imperative that Americans understand who they are, and what previous generations hoped they would be. Therefore, the study of history, particularly the American Revolution, is perhaps more important than ever and it is unfortunate that many potential students have lost interest. This essay focuses on the life and intellect of one, key participant in the American Revolution, James Wilson. Interest in Wilson has steadily increased over the last forty years because a greater focus on ideology among historians of early America has made his ideologically astute orations and law lectures more valued. A Scottish immigrant, Wilson quickly climbed the social ladder of colonial Pennsylvania and proved to be a dedicated opposition Whig both before and after the American decision to embrace independence. Broadly acknowledged in his own day to be one of the best educated and most insightful lawyers in the fledgling United States, James Wilson played a central role in the 1787 federal convention. He spoke more in the convention than any other single delegate after Rufus King, and his influence in the convention was second only to James Madison’s.4 Wilson brilliantly defended the 3 Molho and Wood, “Introduction” in Imagined Histories, ed. Molho and Wood, 16. 4 Robert Green McCloskey, “Introduction” in The Works of James Wilson, Vol. I, James Wilson, ed. 2 proposed Constitution in Pennsylvania’s ratifying convention, constructing arguments that would inform Federalists in later ratifying contests. He remained an ardent Federalist for the remaining decade of his life and President George Washington appointed him to the Supreme Court, where he became one of its founding members.5 Wilson accepted the idea of un-transferable popular sovereignty as it arose from the Revolution, remaining perpetually loyal to broad and equitable representation of the People in government. What is demonstrated in Wilson’s thought on the Constitution and its relationship to the people is a philosophy of sovereignty that was uniquely American, at least in application, and was neither Lockean or Hobbsean in origin. To make such a claim is not to say that Wilson, or any of the other Founders and their Revolution were