September 15, 1787: Unanimity and Dissent

James Madison by Charles Willson Peale, 1783 and Madison's voting record of the Constitutional Convention

Library of Congress, https://www.loc.gov/resource/cph.3g04097/
National Archives, https://www.archives.gov/exhibits/american_originals_iv/images/voting_record/constitutional_convention.html?_ga=2.223677017.336040973.1694550603-1223923427.1689624907

“On the question to agree to the Constitution, as amended, all the States, aye.”

--the notes of James Madison

Saturday, September 15, 1787: The Convention Today

Carroll (MD) moved for a committee to prepare an address to the people to accompany the Constitution. Rutledge (SC) and Sherman (CT) pointed out that such an address would be improper before Congress acted on the document. Plus, Rutledge (and surely many others) wanted to go home. The motion lost.

Langdon (NH) then moved to add an extra Representative each for North Carolina and Rhode Island. Sherman supported one for North Carolina. King (MA) was against changing, partly because of the delay, and said he wouldn't sign if Rhode Island’s representation was increased. Charles Pinckney (SC) and Bedford (DE) favored the motion. RI and NC were voted on separately. Each lost, 5 yes, 6 no (New Hampshire, Delaware, Maryland, North Carolina, and Georgia supported Rhode Island and Maryland, Virginia, the Carolinas, and Georgia supported North Carolina).

Section by section, the Convention continued to work through the document, debating several points and making changes related to trade.

Rutledge and Franklin (PA) moved to add a clause prohibiting the President from receiving “any other emolument” (beside the Congressionally approved salary) from the US treasury or any state during the President's tenure. This passed 7–4, Connecticut, New Jersey, Delaware, and North Carolina “no.”

Randolph (VA) proposed to remove the President’s pardon power in cases of treason. He feared a scenario where the President pardoned their coconspirators in a treasonous scheme. Mason (VA) seconded.

Wilson (PA) disagreed. Presidents should be able to pardon all offenses, and treasonous Presidents could be impeached, removed from office, and then prosecuted.

King suggested requiring the Senate to concur with pardons, but Randolph didn’t want any further connections between the Senate and the President, and Mason thought the Senate already too powerful.

Randolph’s motion limiting the pardon power in treason cases failed 2–9, Virginia and Georgia supporting.

Gouverneur Morris (PA) moved to let Congress empower the President, “the courts of law,” or the department heads to appoint without oversight inferior officers of the executive branch. Sherman seconded, and Madison supported. The motion failed in a tied 5–5–1 vote. Since many considered this idea essential to good governance, a second vote was urged, and the measure then passed unanimously.

The wording “person legally held to service or labor in one State,” a euphemistic reference to enslaved Americans, was changed to “person held to service or labor in one State under the laws thereof.” Antislavery delegates wanted the wording changed because they thought the word “legally” implied that slavery was morally just.

There was an extended tussle over the amendment process outlined in the Constitution. After multiple motions were called, and almost all failed, the only substantive change was that the delegates unanimously agreed “that no State, without its consent, shall be deprived of its equal suffrage in the Senate” by a Constitutional amendment.

As the Convention’s longest and last full day closed, Randolph, Mason, and Gerry gave speeches explicating their opposition to the Constitution. This put off C. Pinckney, who argued against their call for a second convention. “Conventions are serious things, and ought not to be repeated.” He admitted he “was not without objections, as well as others, to the plan.” For instance, he thought the President was too weak and that Congress had too much power to regulate trade. Still, the chaos and possible civil war that would result from failing to enact the Constitution made him support it.

Randolph was almost apologetic for not signing, but he thought Congress had too much power and made a motion for another convention. He couldn’t say yet whether he would support or oppose the Constitution in Virginia’s ratification convention.

Mason seconded Randolph’s call for a second convention. He was convinced the government surely “would end either in monarchy, or a tyrannical aristocracy.” A second convention was needed since “This Constitution had been formed without the knowledge or idea of the people.... It was improper to say to the people, take this or nothing.” He would not support the Constitution in Virginia’s ratification convention.

Gerry listed his objections:

• Senators were reelectable and their terms were too long.
• The House of Representatives could keep its records secret.
• Congress could regulate where elections happened.
• Congress controlled its own compensation.
• Massachusetts should have been given more Representatives.
• Enslaved Americans were represented at a three-fifths ratio in Congress even though they weren’t citizens.
• Congress could create commercial monopolies.
• The Vice President of the United States was the President of the Senate.

Madison’s notes for the day conclude thus:

“On the question, on the proposition of Mr. RANDOLPH, [the motion for a second convention] all the States answered, no.

On the question to agree to the Constitution, as amended, all the States, aye.

The Constitution was then ordered to be engrossed, and the House

Adjourned.”

Synopsis

• On the Convention’s longest and last full day, the delegates completed working through each point of the Committee of Style’s second draft of the Constitution.
• Most of the changes made today were small.
• A resolution passed “that no State, without its consent, shall be deprived of its equal suffrage in the Senate” by a Constitutional amendment.
• Randolph (VA), Mason (VA), and Gerry (MA) gave speeches explaining their opposition to the Constitution.
• Randolph’s motion calling for a second convention was unanimously voted down.
• The Constitution of the United States was unanimously approved.

Delegates Today

• Mifflin (PA) went with local Jacob Hiltzheimer (in Hiltzheimer’s words) “to see the Camel advertised in Shippen’s Alley between Walnut and Spruce Streets, gave 1/6 each for seeing him.”
• Johnson (CT) dined at City Tavern at 6 o’clock.
• Washington (VA) noted the day’s events as follows: “Concluded the business of Convention, all to signing the proceedings; to effect which the House sat till 6 o’clock; and adjourned till Monday that the Constitution which it was proposed to offer to the People might be engrossed and a number of printed copies struck off. Dined at Mr. [Robert] Morris’ [PA] and spent the evening there.” He also wrote Philadelphia merchant Clement Biddle to find out the price of the best Dutch striped blankets and the status of their accounts.
• Madison (VA), in preparation for his return to the Confederation Congress in New York, borrowed $100 from Blair (VA), who would be going home and apparently had part of his expense money left.
• Fitzsimons (PA) wrote Noah Webster to start writing on behalf of the new Federal system.
• Dickinson (DE) sent two notes to Read (DE). In the first, he announced that a headache had kept him from attending the Convention yesterday and that he was about to leave for home. Since he had heard the delegates were going to give an entertainment at City Tavern for the Philadelphians who had hosted them, he enclosed a bank bill to pay for his share. A little later, he had another thought and wrote asking Read to sign for him if the delegates were to sign the Constitution.

Philadelphia Today

• Today was cool and pleasant.