According to the Constitution…you don’t know what the Constitution says. I’m sure we have heard or have used this argument.
Does either side know the Constitution and how it was developed by a group of men 237 years ago? Follow along as you learn about the men, the disputes, and the conversations that took place in Philadelphia.
Over the next few issues, we will have a series of articles outlining the daily events that led to the birth of our Constitution.
The entire series can be found on the National Park Service web site.
Sunday, May 13, 1787
George Washington arrived today in Philadelphia, one day in advance of the scheduled meeting of the Federal Convention. After leaving Wilmington, Delaware this morning, he proceeded to Chester where three generals, two colonels and two majors greeted the former leader of the Continental Army. This party, including Secretary of War General Henry Knox and Washington’s trusted aide-de-camp Colonel David Humphreys, accompanied Washington into Philadelphia. Arriving at Mrs. House’s boarding house at Fifth and High Streets (Market Street today), Washington found his friend, financier Robert Morris, waiting to insist the general stay at his house just one block away. Washington accepted, saying “…but being again warmly and kindly pressed by Mr. & Mrs. Rob. Morris to lodge with them I did so…” Washington stayed with the Morris family for the duration of the convention. Martha Washington, who had traveled so often with her husband during the war, remained in Virginia.
Immediately upon arriving, Washington paid a visit to Benjamin Franklin, noting in his diary “Waiting on the President, Doctor. Franklin as soon as I got to Town.” Dr. Franklin, at age 81, served as the President of Pennsylvania; Washington as a citizen without official position felt obliged to wait upon his old ally and friend. For Washington, protocol must be followed. Some believe the presence of General Washington and diplomat-statesman Franklin will be necessary to bring about change in the national governmental system. The Convention is scheduled to begin tomorrow, May 14, 1787.
Monday, May 14, 1787: The Convention Today
Monday, May 14th dawned overcast, rainy and cool as delegates from Pennsylvania, Virginia, Delaware and North Carolina gathered in the State House for the first meeting of the Federal Convention. Only Pennsylvania and Virginia had a quorum of their delegation present, so the delegates agreed to meet again the next day.
May 15 – May 24, 1787
The delegates continued to gather each day to check progress toward a quorum. James Madison wrote to Thomas Jefferson, “There is a prospect of a pretty full meeting on the whole, though there is less punctuality in the outset than was to be wished. Of this the late bad weather has been the principal cause.”
Even though the Convention had yet to begin, the Virginia delegates met every day at 3 p.m. On Sunday, May 20, George Mason provided an inside view of the discussions in a letter to his son, “Yet, upon the great Principles of it, I have reason to hope there will be greater Unanimity, & less Opposition, except from the little States, than was at first apprehended. The most prevalent idea in the principal States seems to be a total alteration of the present federal system…” While waiting for the minimum necessary seven states, the concept of replacing the Articles of Confederation began to solidify. This would provide an advantage to the strong federalists before the small states had achieved full delegate counts.
One day later, the small state of Delaware achieved representation with Jacob Broom and George Read. Read wrote to the third delegate, John Dickinson, urging him on to Philadelphia. Read noted that the small states should “…keep a strict watch upon the movements and propositions of the large states.”
On May 24, New York, Delaware, Pennsylvania, Virginia, North Carolina and South Carolina had a majority of their delegates present. New Jersey expected to reach quorum the next day. The Convention would soon be under way.
Friday, May 25, 1787: The Convention Today
Seven states achieved quorum: New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, and South Carolina. The delegates presented their credentials to a president pro tempore (possibly Governor Edmund Randolph of Virginia) and the Convention officially opened. Delegates present included:
- Rufus King (MA)
- Robert Yates and Alexander Hamilton (NY)
- David Brearley, William Churchill Houston, and William Paterson (NJ)
- Robert Morris,Thomas Fitzsimons, James Wilson, and Gouverneur Morris (PA)
- George Read, Richard Bassett, and Jacob Broom (DE)
- George Washington, Edmund Randolph, John Blair, James Madison, George Mason, George Wythe, and James McClurg (VA)
- Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Hugh Williamson (NC)
- John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, and Pierce Butler (SC)
- William Few (GA)
Robert Morris, acting for Dr. Franklin who was too ill to attend, nominated George Washington as chairman. John Rutledge seconded and Washington was unanimously elected to the post. Robert Morris and John Rutledge escorted the General to the chair.
Nominations for secretary included both William Jackson and Temple Franklin (grandson of Benjamin Franklin). The Convention elected Jackson to the position of secretary, and named George Wythe, Alexander Hamilton, and Charles Pinckney to a Rules Committee. Wythe, the Virginia lawyer and law professor, chaired this committee that Washington said had been “…chosen… to prepare rules and regulations for conducting the business.” The Convention adjourned till Monday to allow the committee time to prepare the rules.
Synopsis
- Convened and elected officers (Washington as President of the Convention, William Jackson as Secretary)
- Chose a committee to prepare rules (Wythe, Hamilton, and C. Pinckney)
Delegates Today
- General Washington invited himself to breakfast with the Meredith family, returned many visits in the forenoon, dined at Mr. Thomas Willings, and spent the evening “at my quarters” in the Robert Morris residence.
- George Read wrote to John Dickinson in Wilmington about possible lodgings for Dickinson in Philadelphia. Read closed his letter with the admonition, “you should be here at the first opening of the Budget.”
Philadelphia Today
- The day was cool and overcast with occasional light rain and variable winds.
- The City Street Commissioners met, all six present. They paid Nicholas and George Kitts twenty-one pounds eight shillings and sixpence for a cask of spirits (102 gallons) for the workmen on the Fourth Street sewer.
Saturday, May 26 – Sunday, May 27, 1787: The Convention Today
The Convention was in recess this Saturday. It would be the last Saturday off until July 28. However, the Rules Committee labored over the weekend to draft the basic rules of procedure for the Convention. The Convention did not have sessions on Sundays.
Delegates Today (Saturday)
- General Washington finished returning visits in the morning, dined with a club at City Tavern (in Washington’s usage, a club was a group of men who dined together and split the check equally), and spent the evening in his room writing letters.
- Maryland’s legislature this day appointed James McHenry, Daniel of St. Thomas Jenifer, Daniel Carroll, John Francis Mercer and Luther Martin as the state’s delegates to the Convention.
Delegates Today (Sunday)
- On May 27, delegates initiated what would become a Sunday habit – catching up on their letter writing.
- James Madison wrote to his father, and to friend and fellow Virginian Edmund Pendleton.
- George Washington wrote one of his typical detailed letters of instruction to his farm manager, nephew George Augustine Washington, about work to be done at Mount Vernon.
- Rufus King of Massachusetts wrote to Secretary of War Henry Knox and Massachusetts Congressman Nathan Dane to report on the Convention and to ask for information about events in Massachusetts.
- General Washington and several other delegates attended a Catholic Mass at St. Mary’s church. Later, as President of the United States, Washington continued the practice of attending various services.
Philadelphia Today
- Cool and fair weather on Saturday gave way to colder, cloudier weather on Sunday.
Monday, May 28, 1787: The Convention Today
Two more states are now represented – Massachusetts and Connecticut. The following delegates arrived and took their seats:
- Nathaniel Gorham and Caleb Strong (MA)
- Oliver Ellsworth (CT)
- Gunning Bedford, Esq. (DE)
- James McHenry (MD)
- Benjamin Franklin, George Clymer, Thomas Mifflin and Jared Ingersoll (PA)
This will be the first session Franklin is attending. Weak and ill, he does not play a very active role, but his presence confers importance to this gathering.
The Convention heard the report of the Rules Committee which it adopted as procedure. Three delegates, Rufus King (MA), Pierce Butler (SC) and Richard Dobbs Spaight (NC), made motions aimed at keeping the debates secret until the Convention ended. These motions were referred to the Rules Committee and the convention adjourned for the day.
Synopsis
- Massachusetts and Connecticut now represented
- Committee on Rules reported on their work
- Convention adopted 16 rules and referred additional suggested rules to the committee
Delegates Today
- Dr. Franklin received a visit from lexicographer Noah Webster “and ladies.”
Philadelphia Today
- The weather stayed cool (59° mean), but there was no wind, and skies were fair.
Tuesday, May 29, 1787: The Convention Today
The Convention took two critical actions today: adopting secrecy rules and referring the Virginia and Pinckney Plans to the Committee of the Whole. Speaking for the Rules Committee, George Wythe reported, “That nothing spoken in the House be printed, or otherwise published, or communicated without leave.” The secrecy rules allowed delegates to discuss, debate and change their positions without criticism in the press or by the public. Secrecy promoted the process of compromise. The details of the debates remained remarkably confidential.
Governor Edmund Randolph of Virginia then opened the business of the Convention, speaking at length about the defects of the Articles of Confederation and proposing 15 resolutions (the Virginia Plan). These resolutions would serve as principles on which to form a new government. Delegate Robert Yates of New York noted that Randolph “candidly confessed…that he meant a strong consolidated union, in which the idea of states should be nearly annihilated.”
Charles Pinckney of South Carolina then proposed his own plan of union. Both the Virginia and Pinckney plans were referred to the Committee of the Whole for consideration. With the decision to refer the plans, the Convention had committed itself to creating a new plan of government, a framework completely different than the Articles of Confederation’s “firm league of friendship.”
Note: Pinckney later claimed that his draft served as the basis for the final Constitution, but he could never prove this assertion. Pinckney’s original plan does not survive. No more was mentioned of it until July 24 when the Committee of the Whole was released from consideration of the Pinckney plan. On that same day, the Pinckney plan was referred to the Committee of Detail tasked with drafting a constitution from the discussions/decisions made up to that point.
Synopsis
- The Committee on Rules reported. The Convention adopted 5 additional rules, including secrecy
- Randolph submitted his Fifteen Resolutions, known as the Virginia Plan
- Pinckney submitted his plan of government
- The Convention agreed to meet the following day as a Committee of the Whole (a structure that allows for all the members of the Convention to weigh in, change course, and explore options before making final decisions)
Delegates Today
- General Washington “dined at home,” after which he accompanied Mrs. Morris to the benefit concert of a Mr. Juhan.
- John Dickinson wrote “My dear Polly” (his wife of nearly 17 years, Mary Norris,) to report a pleasant journey and send his “tenderest love to our precious children.”
Philadelphia Today
- After morning fog, the day turned very fair, and warmer, with a mean temperature of 59°.
- The City Street Commissioners met, all six present. Commissioners Ozeas and Richards were chosen “to direct the rebuilding of the chimney of a Negro house, lately removed out of Filbert Street” (the house seems to have been built before the street was surveyed. To open the street, the house had to be torn down, and that meant rebuilding it elsewhere.)
Wednesday, May 30, 1787: The Convention Today
The Convention today (and for the next fifteen days) met as a Committee of the Whole to review, debate and, in the end, modify the Virginia and Pinckney plans. The delegates elected Nathaniel Gorham (MA) to chair the Committee of the Whole. Gorham replaced George Washington in the chair during this period. The Committee of the Whole included all the delegates, and had the flexibility to debate options and change course before taking any final votes.
The Committee agreed “that a national government ought to be established consisting of a supreme Legislative, Executive and Judiciary,” although New York was divided and
Connecticut voted no.
Discussion then turned to how many votes each state should have in Congress. After a
number of motions got nowhere, Madison moved “that the equality of sufferage (that is, one for each state) established by the Articles of Confederation ought not to prevail …”
George Read (DE) moved to postpone; the Delaware deputies were instructed not to approve such a change and, were it approved, might have to leave the Convention. Several members said that the Delaware delegates could stay in the Convention even if the motion was approved, but eventually the Committee agreed to Read’s motion to postpone.
Synopsis
- The Convention met as Committee of the Whole
- Agreed (6 – 1 – 1) that a national government consisting of a supreme legislature, judiciary, and executive should be formed (Connecticut voting against, New York divided)
- Discussed representation – should it be based on population or on a state’s financial contribution
Delegates Today
- Roger Sherman, of Connecticut, appeared and took his seat.
- Dr. Franklin wrote his sister, Jane Mecom, to describe his new houses.
- William R. Davie (NC) wrote to James Iredell, future Supreme Court Justice, for Iredell’s opinion on whether executive and judicial powers should be added at the Federal level.
Philadelphia Today
- The day was cool, with a hard, steady rain.
Thursday, May 31, 1787: The Convention Today
Working from the 15 resolves of the Virginia Plan, the Committee of the Whole:
- Decided on a bicameral legislature
- Agreed on election of the first house (today’s House of Representatives) by the people
- Agreed not have the second house (today’s Senate) elected by the first house
- Agreed that either house could initiate legislation
Having yesterday attempted to bypass detailed discussion of the Virginia plan in order to get
an agreement in principle on proportionate representation, and been thwarted by Read and the Delaware delegation, the Committee of the Whole went back to the Virginia Plan. Madison noted that the third Resolution calling for a bicameral (two house) legislature “was agreed to without debate or dissent, except that of Pennsylvania, given probably from complaisance to Docr. Franklin who was understood to be partial to a single House of Legislation.”
The fourth proposal, popular election of the members of the first house, was more
controversial. Gerry (MA) and Sherman (CT) opposed the provision, saying, “The evils we experience flow from an excess of democracy,” and “the people should have, immediately, as little to do as may be about the Government.” Pierce Butler simply argued that popular election was impractical. Mason (VA), Wilson (PA) and Madison (VA) supported popular election. The proposition was approved by six states, with New Jersey and South Carolina opposed and Connecticut and Delaware divided.
Synopsis
- Decided on a bicameral legislature
- Agreed (6 – 2 – 2) on election of first house by the people
- Defeated (7 – 3) first house elected by the second house
- Agreed that either house could initiate legislation
Delegates Today
- William Pierce (GA) appeared and took his seat.
- Several delegates (Robert Morris, Charles C. Pinckney, Rufus King) and their wives attended a party hosted by Nancy Shippen Livingston. Shippen Livingston’s father had been Director General of Hospitals for the Continental Army, and two uncles and her father-in-law had signed the Declaration of Independence.
Philadelphia Today
- The temperature rose markedly from the morning’s 69°, and there was an afternoon thunder shower.
- Nance Shippen Livingston hosted a party (see description above). General Washington had been invited to the bash but was otherwise engaged and did not attend.
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