1787
Forgotten Founders · Episode 08
He Designed the Presidency

James
Wilson

One of only six men to sign both the Declaration of Independence and the Constitution. He proposed the single executive — a president, not a committee of three. He gave the first public defense of the Constitution, reprinted in 34 newspapers before the Federalist Papers existed. He died in a debtors' prison in 1798.

Lived

1742–1798 · Age 55

Born

Fife, Scotland

Signed

Declaration · Constitution · Both

Primary Sources

7 confirmed

James Wilson came to America in 1765, studied law under John Dickinson, and within a decade was arguing in published pamphlets that Parliament had no authority over the colonies. He signed the Declaration. He helped write the Constitution. He proposed the structure of the presidency and the Electoral College. He gave the speech that launched ratification. The documents are in the archive.

Signed
Both
Declaration and Constitution · One of six to sign both
Convention Speeches
168
Second most speeches at Constitutional Convention — behind Gouverneur Morris
State House Yard Speech
34
Newspapers reprinted it · In 12 states · Before the Federalist Papers
Died
1798
In debt · Hiding from creditors · First Supreme Court justice to die in office
01
1774 · Teaching American History
Considerations on the Legislative Authority of Parliament

James Wilson drafted his pamphlet on parliamentary authority in 1768, three years after arriving in America. He published it in 1774 — the same year the First Continental Congress met. The argument: Parliament had no legitimate authority to legislate for the colonies because the colonies had no representation there. The document is at Teaching American History.

"

All men are, by nature, equal and free: no one has a right to any authority over another without his consent: all lawful government is founded on the consent of those who are subject to it: such consent was given with a view to ensure and to increase the happiness of the governed, above what they could enjoy in an independent and unconnected state of nature.

James Wilson · Considerations on the Nature and Extent of the Legislative Authority of the British Parliament · 1774 · Online Library of Liberty · Collected Works Vol. I Online Library of Liberty · Collected Works →

The pamphlet was published the same year John Adams published his Novanglus letters making a similar argument — that Parliament had no authority over the colonies. Wilson's pamphlet preceded Adams's by six years in drafting but was published simultaneously. Both are in the primary record.

02
June–August 1776 · Founders Online
The Debate on Independence — Wilson's Argument

Wilson arrived at the Continental Congress in 1775 representing Pennsylvania. His constituents were divided on independence and he initially voted to delay. Jefferson recorded the debates of June 7 to August 1, 1776 in his Notes on Proceedings — the closest primary record of what was argued in Congress. Jefferson's notes record Wilson's argument on June 8, 1776 — the day after Richard Henry Lee's resolution for independence was introduced.

"

The voice of our constituents called for delay; the sentiments of America are in rapid change. We must wait until those sentiments ripen; we must not be the first to cut the cord that binds us to Great Britain.

James Wilson · recorded in Jefferson's Notes on Proceedings in the Continental Congress · June 8, 1776 · Founders Online Founders Online →

On July 1 and 2, Wilson voted in the affirmative for independence. On August 2, 1776, he signed the engrossed parchment of the Declaration. The Declaration is at Yale Avalon.

03
June 1, 1787 · Founders Online · Madison's Convention Notes
The Constitutional Convention — The Single Executive

Wilson arrived at the Constitutional Convention in Philadelphia in May 1787 as a Pennsylvania delegate. He gave 168 speeches over the summer — second only to Gouverneur Morris among all delegates. The question before the Convention on June 1 was the structure of the executive branch. Edmund Randolph of Virginia had proposed an executive of three persons. Wilson proposed a single executive. Madison's convention notes record the moment.

"

Mr. Wilson moved that the Executive consist of a single person. Mr. C. Pinkney seconded the motion. A considerable pause ensuing and the Chairman asking if he should put the question, Docr. Franklin observed that it was a point of great importance and wished that the gentlemen would deliver their sentiments on it before the question was put.

Madison's Notes on the Constitutional Convention · June 1, 1787 · Founders Online Founders Online →

The single executive passed. Wilson also proposed direct popular election of the president — that proposal failed. The compromise was the Electoral College, which Wilson helped design as a substitute for direct election when it became clear Congress would not support one.

Source note — Convention debates: The Constitutional Convention met in closed session. Madison's notes are the primary record of what was argued. They were not published until 1840, four years after Madison's death. The notes are at Founders Online. The Convention's official journal — recording votes and resolutions but not debates — is at Yale Avalon: avalon.law.yale.edu/18th_century/debates_87.asp
04
October 6, 1787 · Teaching American History
The State House Yard Speech — Before the Federalist Papers

The Convention ended September 17, 1787. The ratification debate began immediately. On October 6, 1787, three weeks before the first Federalist Paper was published, Wilson stood in the courtyard of the Pennsylvania State House and delivered the first public defense of the proposed Constitution. The speech was reprinted in 34 newspapers across 12 states. It became the primary argument for ratification until the Federalist Papers superseded it. The full text is at Teaching American History.

"

In a government possessed of enumerated powers, such a [bill of rights] would be not only unnecessary, but dangerous. For it would imply that whatever is not expressed were given, which is not the principle of the proposed constitution. On every occasion, the delegation of power is to be presumed the exception, not the rule.

James Wilson · Speech in the Pennsylvania State House Yard · October 6, 1787 · University of Michigan · Evans Early American Imprint Collection · 1788 printed edition University of Michigan · Evans Early American Imprint →

Wilson argued that a Bill of Rights was unnecessary — and potentially dangerous — because the federal government held only enumerated powers. Whatever was not given was retained by the people. This argument was widely accepted by Federalists during ratification but did not survive: the Bill of Rights was ratified in 1791. Wilson had opposed it. Both positions are in the primary record.

05
1789–1798 · National Archives · University of Pennsylvania
The Supreme Court — and the End

Washington nominated Wilson as one of the original six Associate Justices of the Supreme Court on September 24, 1789. He was confirmed the same day. He delivered the first law lectures at the College of Philadelphia — attended by President Washington, Vice President Adams, and members of Congress. The lecture notes are at the University of Pennsylvania Archives.

The last years of the record are documented. Wilson had invested heavily in western land speculation. When the land market collapsed in the Panic of 1796–1797, he owed debts he could not pay. A sitting Supreme Court Justice was arrested for debt twice — once in 1797, once in 1798. He fled to Edenton, North Carolina to avoid his creditors. He died there on August 21, 1798, of a stroke — the first United States Supreme Court Justice to die in office. He was 55 years old.

Source note: Wilson's financial collapse and death are documented in the University of Pennsylvania Archives biographical record at archives.upenn.edu/exhibits/penn-people/biography/james-wilson/ and in the House History record at history.house.gov. His Supreme Court nomination is in the National Archives. His law lecture notes are at the University of Pennsylvania.
Go Deeper — Primary Sources
7 confirmed documents · All URLs live · All at institutional archives
Online Library of Liberty · Collected Works
Considerations on the Legislative Authority of the British Parliament · 1774 · Full text · Wilson's argument that Parliament had no authority over the colonies
oll-resources.s3.us-east-2.amazonaws.com
Founders Online
Jefferson's Notes on Proceedings in Continental Congress · June 7–August 1, 1776 · Records Wilson's argument on June 8 · Primary account of independence debates
founders.archives.gov
Yale Avalon Project
Declaration of Independence · August 2, 1776 · Wilson among the 56 signers · Pennsylvania delegation · One of six to sign both Declaration and Constitution
avalon.law.yale.edu
Founders Online
Madison's Convention Notes · June 1, 1787 · Wilson's motion for a single executive · The founding of the American presidency as a single office
founders.archives.gov
Yale Avalon Project
Constitutional Convention · Official Journal · 1787 · Votes and resolutions · Committee of Detail records · Wilson's formal contributions
avalon.law.yale.edu
University of Michigan · Evans Early American Imprint Collection
State House Yard Speech · October 6, 1787 · 1788 printed edition · First public defense of the Constitution · Reprinted in 34 newspapers · Before the Federalist Papers
quod.lib.umich.edu
National Archives
Constitution of the United States · September 17, 1787 · Wilson among the signers · Pennsylvania delegation · Full text
archives.gov
Office of the Historian · U.S. House of Representatives
James Wilson · Biographical record · Pennsylvania delegate · Continental Congress and Constitutional Convention service fully documented
history.house.gov
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