From Mass^{ts} Nat: Gorham & Caleb Strong. From Connecticut Oliver
Elseworth. From Delaware, Gunning Bedford. From Maryland James M^cHenry.
From Penn^a B. Franklin, George Clymer, Th^s Mifflin & Jared Ingersol,
took their seats.[17]
[17] "Entre nous. I believe the Eastern people have taken ground
they will not depart from respecting the Convention.--One
legislature composed of a lower-house triennially elected
and an _Executive & Senate_ for a good number of years.--I
shall see Gerry & Johnson, as they pass & may perhaps give
you a hint."--William Grayson to Madison, New York, May 24,
1787, _Mad. MSS._
M^r Wythe[18] from the Committee for preparing rules made a report which
employed the deliberations of this day.
[18] "M^r Wythe is the famous Professor of Law at the University
of William and Mary. He is confessedly one of the most
learned legal Characters of the present age. From his close
attention to the study of general learning he has acquired a
compleat knowledge of the dead languages and all the
sciences. He is remarked for his exemplary life, and
universally esteemed for his good principles. No Man it is
said understands the history of Government better than M^r
Wythe,--nor any one who understands the fluctuating
condition to which all societies are liable better than he
does, yet from his too favorable opinion of Men, he is no
great politician. He is a neat and pleasing Speaker, and a
most correct and able Writer. Mr. Wythe is about 55 years of
age."--Pierce's Notes, _Am. Hist. Rev._, iii., 331.
M^r King[19] objected to one of the rules in the Report authorizing any
member to call for the yeas & nays and have them entered on the minutes.
He urged that as the acts of the Convention were not to bind the
Constituents, it was unnecessary to exhibit this evidence of the votes;
and improper as changes of opinion would be frequent in the course of
the business & would fill the minutes with contradictions.
[19] "M^r King is a Man much distinguished for his eloquence and
great parliamentary talents. He was educated in
Massachusetts, and is said to have good classical as well as
legal knowledge. He has served for three years in the
Congress of the United States with great and deserved
applause, and is at this time high in the confidence and
approbation of his Country-men. This Gentleman is about
thirty three years of age, about five feet ten inches high,
well formed, an handsome face, with a strong expressive Eye,
and a sweet high toned voice. In his public speaking there
is something peculiarly strong and rich in his expression,
clear, and convincing in his arguments, rapid and
irresistible at times in his eloquence but he is not always
equal. His action is natural, swimming, and graceful, but
there is a rudeness of manner sometimes accompanying it. But
take him _tout en semble_, he may with propriety be ranked
among the luminaries of the present Age."--Pierce's Notes,
_Am. Hist. Rev._, iii., 325.
Col. Mason[20] seconded the objection; adding that such a record of the
opinions of members would be an obstacle to a change of them on
conviction; and in case of its being hereafter promulged must furnish
handles to the adversaries of the Result of the Meeting.
[20] "Mr. Mason is a Gentleman of remarkable strong powers, and
possesses a clear and copious understanding. He is able and
convincing in debate, steady and firm in his principles, and
undoubtedly one of the best politicians in America. M^r
Mason is about 60 years old, with a fine strong
constitution."--Pierce's Notes, _Id._, iii., 331.
The proposed rule was rejected nem. contrad certe. The standing
rules[21] agreed to were as follows:[22]
[21] Previous to the arrival of a majority of the States, the
rule by which they ought to vote in the Convention had been
made a subject of conversation among the members present. It
was pressed by Governeur Morris and favored by Robert Morris
and others from Pennsylvania, that the large States should
unite in firmly refusing to the small states an equal vote,
as unreasonable, and as enabling the small States to
negative every good system of Government, which must, in the
nature of things, be founded on a violation of that
equality. The members from Virginia, conceiving that such an
attempt might beget fatal altercations between the large &
small States, and that it would be easier to prevail on the
latter, in the course of the deliberations, to give up their
equality for the sake of an effective Government, than on
taking the field of discussion to disarm themselves of the
right & thereby throw themselves on the mercy of the larger
States, discountenanced and stifled the project.--Madison's
Note.
[22] In the MS. Madison adds: "[See the Journal & copy here the
printed rules]," and they were copied by him from the
_Journal of the Federal Convention_ (_1819_). They have been
compared with the MS. journal and found to be correct.
Viz.
A House to do business shall consist of the Deputies of not less than
seven States; and all questions shall be decided by the greater number
of these which shall be fully represented; but a less number than seven
may adjourn from day to day.
Immediately after the President shall have taken the chair, and the
members their seats, the minutes of the preceding day shall be read by
the Secretary.
Every member, rising to speak, shall address the President; and
whilst he shall be speaking, none shall pass between them, or hold
discourse with another, or read a book, pamphlet or paper, printed
or manuscript--and of two members rising at the same time, the
President shall name him who shall be first heard.
A member shall not speak oftener than twice, without special leave, upon
the same question; and not the second time, before every other, who had
been silent, shall have been heard, if he choose to speak upon the
subject.
A motion made and seconded, shall be repeated, and if written, as it
shall be when any member shall so require, read aloud by the Secretary,
before it shall be debated; and may be withdrawn at any time, before the
vote upon it shall have been declared.
Orders of the day shall be read next after the minutes, and either
discussed or postponed, before any other business shall be introduced.
When a debate shall arise upon a question, no motion, other than to
amend the question, to commit it, or to postpone the debate shall be
received.
[23]A question which is complicated, shall, at the request of any
member, be divided, and put separately on the propositions of which it
is compounded.
[23] An undecided line is drawn through the page in the MS. from
here to the end of the rules; but not, as it would appear,
to strike them out, as they were actually adopted by the
Convention.
The determination of a question, altho' fully debated, shall be
postponed, if the deputies of any State desire it until the next day.
A writing which contains any matter brought on to be considered, shall
be read once throughout for information, then by paragraphs to be
debated, and again, with the amendments, if any, made on the second
reading; and afterwards the question shall be put on the whole, amended,
or approved in its original form, as the case shall be.
Committees shall be appointed by ballot; and the members who have the
greatest number of ballots, altho' not a majority of the votes present,
shall be the Committee. When two or more members have an equal number of
votes, the member standing first on the list in the order of taking down
the ballots, shall be preferred.
A member may be called to order by any other member, as well as by the
President; and may be allowed to explain his conduct or expressions
supposed to be reprehensible. And all questions of order shall be
decided by the President without appeal or debate.
Upon a question to adjourn for the day, which may be made at any time,
if it be seconded, the question shall be put without a debate.
When the House shall adjourn, every member shall stand in his place,
until the President pass him.
A letter from sundry persons of the State of Rho. Island addressed to
the Honorable The Chairman of the General Convention was presented to
the Chair by Mr. Gov^r Morris,[24] and being read, was ordered to lie on
the table for further consideration.[25]
[24] "M^r Governeur Morris is one of those Genius's in whom
every species of talents combine to render him conspicuous
and flourishing in public debate:--He winds through all the
mazes of rhetoric, and throws around him such a glare that
he charms, captivates, and leads away the senses of all who
hear him. With an infinite streach of fancy he brings to
view things when he is engaged in deep argumentation, that
render all the labor of reasoning easy and pleasing. But
with all these powers he is fickle and inconstant,--never
pursuing one train of thinking,--nor ever regular. He has
gone through a very extensive course of reading, and is
acquainted with all the sciences. No Man has more wit,--nor
can any one engage the attention more than M^r Morris. He
was bred to the Law, but I am told he disliked the
profession, and turned Merchant. He is engaged in some great
mercantile matters with his namesake, M^r Rob^t Morris. This
Gentleman is about 38 years old, he has been unfortunate in
losing one of his Legs, and getting all the flesh taken off
his right arm by a scald, when a youth."--Pierce's Notes,
_Am. Hist. Rev._, iii., 329.
[25] "NEWPORT June 18th 1787
"Sir--
"The inclosed address, of which I presume your Excellency
has received a duplicate, was returned to me from New York
after my arrival in this State. I flattered myself that our
Legislature, which convened on monday last, would have
receded from the resolution therein refer'd to, and have
complied with the recommendation of Congress in sending
deligates to the federal convention. The upper house, or
Governor, & Council, embraced the measure, but it was
negatived in the house of Assembly by a large majority,
notwithstanding the greatest exertions were made to support
it.
"Being disappointed in their expectations, the minority in
the administration and all the worthy citizens of this
State, whose minds are well informd regreting the
peculiarities of their Situation place their fullest
confidence in the wisdom & moderation of the national
council, and indulge the warmest hopes of being favorably
consider'd in their deliberations. From these deliberations
they anticipate a political System which must finally be
adopted & from which will result the Safety, the honour, &
the happiness of the United States.
"Permit me, Sir, to observe, that the measures of our
present Legislature do not exhibit the real character of the
State. They are equally reprobated, & abhored by Gentlemen
of the learned professions, by the whole mercantile body, &
by most of the respectable farmers and mechanicks. The
majority of the administration is composed of a licentious
number of men, destitute of education, and many of them,
Void of principle. From anarchy and confusion they derive
their temporary consequence, and this they endeavor to
prolong by debauching the minds of the common people, whose
attention is wholly directed to the Abolition of debts both
public & private. With these are associated the disaffected
of every description, particularly those who were unfriendly
during the war. Their paper money System, founded in
oppression & fraud, they are determined to Support at every
hazard. And rather than relinquish their favorite pursuit
they trample upon the most sacred obligations. As a proof of
this they refused to comply with a requisition of Congress
for repealing all laws repugnant to the treaty of peace with
Great Britain, and urged as their principal reason, that it
would be calling in question the propriety of their former
measures.
"These evils may be attributed, partly to the extreme
freedom of our own constitution, and partly to the want of
energy in the federal Union: And it is greatly to be
apprehended that they cannot Speedily be removed but by
uncommon and very serious exertions. It is fortunate however
that the wealth and resources of this State are chiefly in
possion of the well Affected, & that they are intirely
devoted to the public good.
"I have the honor of being Sir,
"with the greatest Veneration & esteem,
"Your excellencys very obedient &
"most humble servant--
["J. M. VARNUM.]
"His excellency
"GEN^l WASHINGTON."
The letter was inadvertently unsigned, but it was well known
to come from General Varnum. The enclosure was as follows:
"PROVIDENCE, May 11. 1787.
"GENTLEMEN:
"Since the Legislature of this State have finally declined
sending Delegates to Meet you in Convention for the purposes
mentioned in the Resolve of Congress of the 21^{st} February
1787, the Merchants Tradesmen and others of this place,
deeply affected with the evils of the present unhappy times,
have thought proper to Communicate in writing their
approbation of your Meeting, And their regret that it will
fall short of a Compleat Representation of the Federal
Union.--
"The failure of this State was owing to the Nonconcurrence
of the Upper House of Assembly with a Vote passed in the
Lower House, for appointing Delegates to attend the said
Convention, at their Session holden at Newport on the first
Wednesday of the present Month.--
"It is the general Opinion here and we believe of the well
informed throughout this State, that full power for the
Regulation of the Commerce of the United States, both
Foreign & Domestick ought to be vested in the National
Council.
"And that Effectual Arrangements should also be made for giving
Operation to the present powers of Congress in their
Requisitions upon the States for National purposes.--
"As the Object of this Letter is chiefly to prevent any
impressions unfavorable to the Commercial Interest of this
State, from taking place in our Sister States from the
Circumstance of our being unrepresented in the present
National Convention, we shall not presume to enter into any
detail of the objects we hope your deliberations will
embrace and provide for being convinced they will be such as
have a tendency to strengthen the Union, promote Commerce,
increase the power & Establish the Credit of the United
States.
"The result of your deliberations tending to these
desireable purposes we still hope may finally be Approved
and Adopted by this State, for which we pledge our Influence
and best exertions.--
"In behalf of the Merchants, Tradesmen &c.
"We have the Honour to be with perfect Consideration & Respect
"Your most Obedient &
"Most Humble Servant's
"JOHN BROWN JABEZ BOWEN }
THO^S LLOYD HALSEY NICHO^S BROWN }
JOS. NIGHTINGALE JOHN JENCKES }
LEVI HALL WELCOME ARNOLD } Comtee.
PHILIP ALLEN WILLIAM RUSSELL }
PAUL ALLEN JEREMIAH OLMY }
WILLIAM BARTON }
"The Hon^{ble} the Chairman of the General Convention
"PHILADELPHIA"
--_Const. MSS._
Both letters are printed in the _Documentary History of the
Constitution_, i., 277 and 275.
M^r Butler moved that the House provide ag^{st} interruption of business
by absence of members,[26] and against licentious publications of their
proceedings--to which was added by--M^r Spaight[27]--a motion to provide
that on the one hand the House might not be precluded by a vote upon any
question, from revising the subject matter of it, When they see cause,
nor, on the other hand, be led too hastily to rescind a decision, which
was the result of mature discussion.--Whereupon it was ordered that
these motions be referred for the consideration of the Committee
appointed to draw up the standing rules and that the Committee make
report thereon.
[26] "Mr. Butler is a character much respected for the many
excellent virtues which he possesses. But as a politician or
an Orator, he has no pretensions to either. He is a
Gentleman of fortune, and takes rank among the first in
South Carolina. He has been appointed to Congress, and is
now a Member of the Legislature of South Carolina. M^r
Butler is about 40 years of age; an Irishman by
birth."--Pierce's Notes, _Am. Hist. Rev._, iii., 333.
[27] "Mr. Spaight is a worthy Man, of some abilities, and
fortune. Without possessing a Genius to render him
brilliant, he is able to discharge any public trust that his
Country may repose in him. He is about 31 years of
age."--Pierce's Notes, _Id._, iii., 332.
Adj^j till tomorrow 10. OClock.