Volume II Part 61 (2/2)

Under the power over commerce, monopolies may be established. 8. The vice president being made head of the Senate. He could however he said get over all these, if the rights of the Citizens were not rendered insecure 1. by the general power of the Legislature to make what laws they may please to call necessary and proper. 2. raise armies and money without limit. 3. to establish a tribunal without juries, which will be a Star-chamber as to Civil cases. Under such a view of the Const.i.tution, the best that could be done he conceived was to provide for a second general Convention.

On the question on the proposition of M^r Randolph. All the States answered no.

On the question to agree to the Const.i.tution as amended. All the States ay.

The Const.i.tution was then ordered to be engrossed. and the House adjourned.

MONDAY SEP^R 17. 1787. IN CONVENTION

The engrossed Const.i.tution being read.

Doc^r Franklin rose with a speech in his hand, which he had reduced to writing for his own conveniency, and which M^r Wilson read in the words following.

M^r President

I confess that there are several parts of this const.i.tution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others.

Most men indeed as well as most sects in Religion think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain french lady, who in a dispute with her sister, said ”I don't know how it happens, Sister but I meet with n.o.body but myself, that is always in the right--_Il n'y a que moi qui a toujours raison_.”

In these sentiments, Sir, I agree to this Const.i.tution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain may be able to make a better Const.i.tution. For when you a.s.semble a number of men to have the advantage of their joint wisdom, you inevitably a.s.semble with those men, all their prejudices, their pa.s.sions, their errors of opinion, their local interests, and their selfish views. From such an a.s.sembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Const.i.tution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Const.i.tuents were to report the objections he has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favor among foreign nations as well as among ourselves, from our real or apparent unanimity. Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Const.i.tution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administered.

On the whole, Sir, I cannot help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.--He then moved that the Const.i.tution be signed by the members and offered the following as a convenient form viz: ”Done in Convention by the unanimous consent of _the States_ present the 17^{th} of Sep^r &c.--In witness whereof we have hereunto subscribed our names.”

This ambiguous form had been drawn up by M^r G. M. in order to gain the dissenting members, and put into the hands of Doc^r Franklin that it might have the better chance of success.

M^r Gorham said if it was not too late he could wish, for the purpose of lessening objections to the Const.i.tution, that the clause declaring ”the number of Representatives shall not exceed one for every forty thousand”

which had produced so much discussion, might be yet reconsidered, in order to strike out 40,000 & insert ”thirty thousand.” This would not he remarked establish that as an absolute rule, but only give Congress a greater lat.i.tude which could not be thought unreasonable.

M^r King & M^r Carrol seconded & supported the ideas of M^r Gorham.

When the President rose, for the purpose of putting the question, he said that although his situation had hitherto restrained him from offering his sentiments on questions depending in the House, and it might be thought, ought now to impose silence on him, yet he could not forbear expressing his wish that the alteration proposed might take place. It was much to be desired that the objections to the plan recommended might be made as few as possible. The smallness of the proportion of Representatives had been considered by many members of the Convention an insufficient security for the rights & interests of the people. He acknowledged that it had always appeared to himself among the exceptionable parts of the plan, and late as the present moment was for admitting amendments, he thought this of so much consequence that it would give much satisfaction to see it adopted.[102]

[102] This was the only occasion on which the President entered at all into the discussions of the Convention.--Madison's Note.

No opposition was made to the proposition of M^r Gorham and it was agreed to unanimously.

On the question to agree to the Const.i.tution enrolled in order to be signed. It was agreed to all the States answering ay.

M^r Randolph then rose and with an allusion to the observations of Doc^r Franklin apologized for his refusing to sign the Const.i.tution notwithstanding the vast majority & venerable names that would give sanction to its wisdom and its worth. He said however that he did not mean by this refusal to decide that he should oppose the Const.i.tution without doors. He meant only to keep himself free to be governed by his duty as it should be prescribed by his future judgment. He refused to sign, because he thought the object of the convention would be frustrated by the alternative which it presented to the people. Nine States will fail to ratify the plan and confusion must ensue. With such a view of the subject he ought not, he could not, by pledging himself to support the plan, restrain himself from taking such steps as might appear to him most consistent with the public good.

M^r Gov^r Morris said that he too had objections, but considering the present plan as the best that was to be attained, he should take it with all its faults. The majority had determined in its favor, and by that determination he should abide. The moment this plan goes forth all other considerations will be laid aside, and the great question will be, shall there be a national Government or not? and this must take place or a general anarchy will be the alternative. He remarked that the signing in the form proposed related only to the fact that the _States_ present were unanimous.

M^r Williamson suggested that the signing should be confined to the letter accompanying the Const.i.tution to Congress, which might perhaps do nearly as well, and would be found satisfactory to some members[103] who disliked the Const.i.tution. For himself he did not think a better plan was to be expected and had no scruples against putting his name to it.

[103] He alluded to M^r Blount for one.--Madison's Note.

M^r Hamilton expressed his anxiety that every member should sign. A few characters of consequence, by opposing or even refusing to sign the Const.i.tution, might do infinite mischief by kindling the latent sparks which lurk under an enthusiasm in favor of the Convention which may soon subside. No man's ideas were more remote from the plan than his own were known to be; but is it possible to deliberate between anarchy and Convulsion on one side, and the chance of good to be expected from the plan on the other.

M^r Blount[104] said he had declared that he would not sign, so as to pledge himself in support of the plan, but he was relieved by the form proposed and would without committing himself attest the fact that the plan was the unanimous act of the States in Convention.

<script>