Madison's Hand: Remembering the Constitutional Convention

Boisi event image

Mary Sarah Bilder
艾可直播 College

Date:听October 29, 2008

Read Interview

Abstract

This talk will be based on ongoing work on Prof. Bilder's new book,听Madison's Hand.听Madison鈥檚 Hand听begins with the question: Why did James Madison take notes at the Philadelphia Convention in 1787? Although Madison was not the only note-taker at the Convention, he was the only one to ensure that his detailed record of the Convention would appear in print鈥攁s well as when and in what manner. The book will explore the ways in which Madison鈥檚 notes and Madison himself mediate the Constitutional Convention and our historic understanding of the Constitution.

Speaker Bio

Mary Sarah Bilder

Professor Mary Sarah Bilder听teaches in the areas of property and American legal and constitutional history at 艾可直播 College Law School. She received her B.A. and the Dean鈥檚 Prize from the University of Wisconsin at Madison, her J.D. (magna cum laude) from Harvard Law School and her A.M. and Ph.D. from Harvard University in the History of American Civilization. She was a law clerk to the Hon. Francis Murnaghan, Jr., U.S. Court of Appeals, Fourth Circuit. She writes primarily in the area of constitutionalism and colonial American legal culture. She was the Lucy G. Moses Visiting Professor at Columbia Law School in 2001 and was a visiting professor at Harvard Law School in the spring of 2008.

She is the author of听, awarded the Littleton-Griswold Award from the American Historical Association. Her articles appear in听The Many Legalities of Early America,TheCambridge History of Law in America,听and law reviews, including the听Yale Law Journal, the听Stanford Law Review,听the听Yale Journal of Law and the Humanities,听and the听Hastings Law Journal. She has received the 艾可直播 College Annual Prize for Scholarship, a 艾可直播 College Distinguished Research Award, a Mellon Fellowship in the Humanities, and is a 艾可直播 College Law School Fund Scholar. She currently serves on the Editorial Board of Law and History Review, the Council of the Colonial Society of Massachusetts, the Board of Overseers of the Massachusetts Supreme Judicial Court Historical Society, and is a member of the American Law Institute.

Event Photos

Boisi event

Mary Bilder at the Boisi Center

Boisi event

Photos by Kerry Burke, 艾可直播 College MTS Photography

Event Recap

James Madison is known as the 鈥渇ather of the American Constitution鈥 for his crucial role in drafting that document and its Bill of Rights. It is no surprise then that historians have traditionally considered his personal notes from the constitutional convention to be the most reliable source of information we have about the convention鈥檚 debates. But as Mary Sarah Bilder argued in a lively presentation on October 29, the notes produced by 鈥淢adison鈥檚 Hand鈥 (the title of her forthcoming book on the subject) are much less spontaneous鈥攁nd perhaps more interesting鈥攖han previously thought.

Professor Bilder, a legal historian at the 艾可直播 College Law School, said that she was inspired to write a book about Madison鈥檚 notes when she realized the discrepancy between the prevailing view of Madison鈥檚 notes鈥攁s minutes of the convention鈥攁nd the reality that these notes were neither complete nor contemporaneous. To begin with, Bilder noted, the writing technology available to Madison prevented him from providing a transcript of the debates. Quill pens required constant re-inking, and modern shorthand script had not yet been developed; he simply could not have kept pace with the flow of conversation (let alone transcribe his own comments while speaking them).

Furthermore, Madison edited鈥攁nd in some cases entirely rewrote鈥攖he notes he did take multiple times throughout his lifetime. He destroyed his 鈥渙riginal,鈥 contemporaneous, notes from the convention when re-writing them after the convention, and in subsequent iterations he added some material from the quasi-official record and removed other material that he thought might be offensive to those at the convention. Though Madison always insisted that his notes were his personal reflections, not an official transcript, historians would mistakenly come to treat them as such.

Read More

Further Reading

Books

Drew McCoy.听. (Cambridge University Press, 1991).

Articles

James H. Hutson. "The Creation of the Constitution: Scholarship at a Standstill."听Reviews in American History. Vol. 12, No. 4. (Dec., 1984): 463-477.

Walter Ong. "Writing is a Technology that Restructures Thought."听The Written Word: Literacy in Transition. Wolfson College听Lectures 1985.听Gerd Baumann, ed. (Oxford University Press, 1986).

Mary Bilder. "鈥澨 艾可直播 College Law School Faculty Papers, Paper 200.

---. 鈥" BC Law Magazine, (2006).

Summary of听鈥淛ames Madison, Law Student.鈥