The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 62

[104] "Mr. Blount is a character strongly marked for integrity and honor. He has been twice a Member of Congress, and in that office discharged his duty with ability and faithfulness. He is no Speaker, nor does he possess any of those talents that make Men s.h.i.+ne;--he is plain, honest, and sincere. Mr. Blount is about 36 years of age."--Pierce's Notes, _Amer. Hist. Rev._, iii., 329.

Doc^r Franklin expressed his fears from what M^r Randolph had said, that he thought himself alluded to in the remarks offered this morning to the House. He declared that when drawing up that paper he did not know that any particular member would refuse to sign his name to the instrument, and hoped to be so understood. He possessed a high sense of obligation to M^r Randolph for having brought forward the plan in the first instance, and for the a.s.sistance he had given in its progress, and hoped that he would yet lay aside his objections, and by concurring with his brethren, prevent the great mischief which the refusal of his name might produce.

M^r Randolph could not but regard the signing in the proposed form, as the same with signing the Const.i.tution. The change of form therefore could make no difference with him. He repeated that in refusing to sign the Const.i.tution he took a step which might be the most awful of his life, but it was dictated by his conscience, and it was not possible for him to hesitate, much less, to change. He repeated also his persuasion, that the holding out this plan with a final alternative to the people, of accepting or rejecting it in toto, would really produce the anarchy & civil convulsions which were apprehended from the refusal of individuals to sign it.

M^r Gerry described the painful feelings of his situation, and the embarra.s.sments under which he rose to offer any further observations on the subject w^{ch}. had been finally decided. Whilst the plan was depending, he had treated it with all the freedom he thought it deserved. He now felt himself bound as he was disposed to treat it with the respect due to the Act of the Convention. He hoped he should not violate that respect in declaring on this occasion his fears that a Civil war may result from the present crisis of the U.S. In Ma.s.sachusetts, particularly he saw the danger of this calamitous event--In that State there are two parties, one devoted to Democracy, the worst he thought of all political evils, the other as violent in the opposite extreme. From the collision of these in opposing and resisting the Const.i.tution, confusion was greatly to be feared. He had thought it necessary, for this & other reasons that the plan should have been proposed in a more mediating shape, in order to abate the heat and opposition of parties. As it had been pa.s.sed by the Convention, he was persuaded it would have a contrary effect. He could not therefore by signing the Const.i.tution pledge himself to abide by it at all events.

The proposed form made no difference with him. But if it were not otherwise apparent, the refusals to sign should never be known from him.

Alluding to the remarks of Doc^r Franklin, he could not he said but view them as levelled at himself and the other gentlemen who meant not to sign.

Gen^l Pinkney. We are not likely to gain many converts by the ambiguity of the proposed form of signing. He thought it best to be candid and let the form speak the substance. If the meaning of the signers be left in doubt, his purpose would not be answered. He should sign the Const.i.tution with a view to support it with all his influence, and wished to pledge himself accordingly.

Doc^r Franklin. It is too soon to pledge ourselves before Congress and our Const.i.tuents shall have approved the plan.

M^r Ingersol[105] did not consider the signing, either as a mere attestation of the fact, or as pledging the signers to support the Const.i.tution at all events; but as a recommendation, of what, all things considered, was the most eligible.

[105] "Mr. Ingersol is a very able Attorney and possesses a clear legal understanding. He is well educated in the Cla.s.sic's, and is a Man of very extensive reading. Mr.

Ingersol speaks well, and comprehends his subject fully.

There is modesty in his character that keeps him back. He is about 36 years old."--Pierce's Notes, _Amer. Hist. Rev._, iii., 329.

On the motion of Doc^r Franklin

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay.

V^a ay. N. C. ay. S. C. div^d.[106] Geo. ay.

[106] Gen^l Pinkney & M^r Butler disliked the equivocal form of the signing, and on that account voted in the negative.--Madison's Note.

M^r King suggested that the Journals of the Convention should be either destroyed, or deposited in the custody of the President. He thought if suffered to be made public, a bad use would be made of them by those who would wish to prevent the adoption of the Const.i.tution.

M^r Wilson preferd the second expedient, he had at one time liked the first best; but as false suggestions may be propagated it should not be made impossible to contradict them.

A question was then put on depositing the Journals and other papers of the Convention in the hands of the President, on which,

N. H. ay. M^{tts} ay. C^t ay. N. J. ay. Pen^a ay. Del. ay.

M^d no.[107] V^a ay. N. C. ay. S. C. ay. Geo. ay.[108]

[107] This negative of Maryland was occasioned by the language of the instructions to the Deputies of that State, which required them to report to the State, the _proceedings_ of the Convention.--Madison's Note.

[108] "Major Jackson presents his most respectful compliments to General Was.h.i.+ngton--

"He begs leave to request his signature to forty Diplomas intended for the Rhode Island Society of the Cincinnati.

"Major Jackson, after burning all the loose sc.r.a.ps of paper which belong to the Convention, will this evening wait upon the General with the Journals and other papers which their vote directs to be delivered to His Excellency.

"Monday evening"

Endorsed in Was.h.i.+ngton's hand: "Maj^r W^m Jackson 17^{th} Sep. 1787."--Wash. MSS.

The President having asked what the Convention meant should be done with the Journals &c. whether copies were to be allowed to the members if applied for. It was Resolved nem. con: "that he retain the Journal and other papers, subject to the order of Congress, if ever formed under the Const.i.tution."

The members then proceeded to sign the instrument.

Whilst the last members were signing it Doct^r Franklin looking towards the President's Chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that Painters had found it difficult to distinguish in their art a rising from a setting sun. I have said he, often and often in the course of the Session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the President without being able to tell whether it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting Sun.

The Const.i.tution being signed by all the members except M^r Randolph, M^r Mason and M^r Gerry, who declined giving it the sanction of their names, the Convention dissolved itself by an Adjournment sine die[109]--

[109] The few alterations and corrections made in these debates which are not in my handwriting, were dictated by me and made in my presence by John C. Payne. James Madison.--Madison's Note.

[Following is a literal copy of the engrossed Const.i.tution as signed. It is in four sheets, with an additional sheet containing the resolutions of transmissal. The note indented at the end is in the original precisely as reproduced here.]

WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Const.i.tution for the United States of America.

Article. I.

Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hamps.h.i.+re shall be ent.i.tled to chuse three, Ma.s.sachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be a.s.sembled in Consequence of the first Election, they shall be divided as equally as may be into three Cla.s.ses.

The Seats of the Senators of the first Cla.s.s shall be vacated at the Expiration of the second Year, of the second Cla.s.s at the Expiration of the fourth Year, and of the third Cla.s.s at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States ^{is tried,} the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall a.s.semble at least once in every Year, and such Meetings shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall const.i.tute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.