Franklin, Benjamin

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Franklin, Benjamin

Excerpt from Notes of Debates in the Federal Convention of 1787

Reported by James Madison
Published by Ohio University Press, edited by Adrienne Koch, 1984

On July 5, 1787, delegates to the Constitutional Convention in Philadelphia, Pennsylvania, agreed to terms on the Great Compromise. Under the compromise, the number of representatives in the lower house of Congress would be determined by each state's population—one elected representative for every forty thousand inhabitants (this number was changed to thirty thousand just before the Constitution was signed). Each state would have an equal number of representatives in the upper house. The next order of business was deciding how to count the number of persons in each state. This number was needed to determine the number of representatives each state would be allowed in the lower house.

The debate centered on the highly charged issue of how to count slaves. In the South, slaves made up between 33 and 44 percent of the state populations. Southerners wanted slaves counted in the general population because this would increase the number of representatives the South could send to Congress. The Northern states held few slaves, so Northerners did not want slaves to be counted. On July 12, the Three-Fifths Compromise was proposed: Slaves would not be counted the same as free people; instead, every five slaves would be counted as three free inhabitants. A census would be taken every ten years. The delegates approved the proposal, again agreeing to a compromise.

While their fellow delegates took a break from July 26 to August 6, the appointed Committee of Details organized and wrote down the decisions that had been made during the debates so far. Some of the most important decisions involved congressional powers. All the powers Congress had under the Articles, such as organizing the army and navy and tending to foreign affairs, were retained in the new constitution. Congress also gained two vitally important powers: the power to tax citizens to raise funds and the right to regulate interstate and foreign commerce (trade).

The committee also put names to the newly created but vaguely worded government units. The executive would be called the president; the lower house of Congress would be called the House of Representatives and the upper house the Senate; and the national court would be known as the Supreme Court.

Returning from their break in early August, the delegates debated a few more issues. Again, the most difficult issue involved slavery. The Northern states wanted to halt the import of slaves, and the Southern states did not. They eventually reached a compromise guaranteeing that Congress would not outlaw the importation of slaves until 1808. Both sides felt they had taken a step toward victory on the issue of slavery. Those opposed to slavery saw a time in the future when Congress could halt the importation of slaves. Those in favor of slavery assumed they would prevail in any future debates. The terms "slave" and "slavery" do not appear in the Constitution. Instead, slaves are referred to as "such Persons" and "other Persons" (Article 1, Section 9, Clause 1 and Article 1, Section 2, Clause 3).

At last, on September 17, 1787, the Constitution was ready to be signed. That morning, the document was read aloud. Then Benjamin Franklin (1706–1790), a delegate from Pennsylvania, obtained permission to speak. At eighty-one years of age, Franklin was the oldest delegate at the convention, and he was considered a man of great wisdom. However, Franklin was weak and ill that day, so fellow Pennsylvania delegate James Wilson (1742–1798) read Franklin's speech for him.

In the first part of his speech, Franklin explained a very important lesson he had learned from life experience: that he needed to listen to the views and opinions of others. He had learned that after further study and discussion of a matter, he sometimes changed his opinion, "even on important subjects."

Franklin next stated that a central government was necessary for the United States and that he doubted it would be possible to write a better constitution than the one they had just drafted. He said that despite its potential faults, he strongly supported the Constitution. Perhaps the most famous line of the speech is, "Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best."

Franklin asked all delegates to keep the discussion and disagreements of the convention's debates to themselves so that they could present unified support of the Constitution. He said he realized foreign countries were assuming that the convention had failed; he pointed out that it had not. Franklin lastly urged all members to consider that they might not be correct and asked that those opposed to the final draft of the Constitution put aside their own objections to the document. He then asked the delegates to join him in signing the Constitution.

Profile of the Constitutional Convention Delegates

Fifty-five delegates from twelve of the original thirteen states attended the 1787 Constitutional Convention in Philadelphia. Only Rhode Island did not send delegates. Rhode Island's leaders feared that the convention would result in a national government that was stronger than they wanted it to be. Of the fifty-five delegates who attended, thirty-nine signed the completed Constitution. Not all fifty-five attended every day. Twenty-nine were present for practically every session, ten missed only a few weeks, twelve missed long periods, and four rarely attended. There were various reasons for these absences: personal or family health problems; commitments to business or to the Continental Congress, which continued to meet in New York City; and opposition to greatly strengthening the national government.

All the delegates had supported the American Revolution (1775–83), the colonies' fight for independence from Britain. Approximately half served in either the Continental Army or their state militia during the war. Eight delegates—George Clymer, Benjamin Franklin, Elbridge Gerry, Robert Morris, Roger Sherman, James Wilson, and George Wythe—had signed the Declaration of Independence in 1776. The Declaration proclaimed to Britain that the United States intended to break away and form its own government. The same eight also signed the Constitution. All the delegates at the Constitutional Convention were experienced in political affairs. Forty-five of the fifty-five had at one time or another served in the Continental Congress. Almost all had served in state legislatures or worked in public office as state governors, judges, or mayors. Many were lawyers or highly knowledgeable about the law and had helped write their state constitutions and state laws.

Besides lawyers and legislators, the delegates included businessmen and planters, who owned and operated large farms called plantations. Three of the delegates were physicians, and another three were retired. Only two were small farmers, and none were working-class men such as laborers, shopkeepers, shoemakers, or sailors. Some owned slaves.

Most delegates were wealthy and well educated. All of them came from respected families, and at least one-third belonged to prominent families. About half of the delegates had been educated at home; the rest had attended college. Their colleges included Harvard, Kings College (later Columbia University), College of New Jersey (later Princeton), College of Philadelphia (later University of Pennsylvania), William and Mary, and Yale.

All were admirable, talented men, but they were also human. Some personalities demanded the utmost respect at all times; others were a bit self-centered and conceited. Many were spirited speakers, called orators, while some rarely said a word during the entire convention. Some spoke for long periods of time, while the tone of others often resulted in delegates falling asleep in the hot, stuffy room where they met.

The average age of the delegates was forty-three. Franklin was the oldest at age eighty-one. Twenty-six-year-old Jonathan Dayton (1760–1824) was the youngest. Some delegates who emerged as leaders were young men: Charles Pinckney (1757–1824) was twenty-nine, Alexander Hamilton thirty-two, Gouverneur Morris thirty-five, and James Madison thirty-six.

Forty-one of the fifty-five delegates who had attended the convention at one time or another were present. Before the signing began, Nathaniel Gorham (1738–1796), a delegate from Massachusetts, proposed that representation in the House be one representative for every thirty thousand inhabitants instead of one for every forty thousand as written. Rufus King (1755–1827) of Massachusetts and Daniel Carroll (1730–1796) seconded Gorham's proposal. George Washington (1732–1799), serving as president of the convention, spoke in support of the motion, for he believed one for every forty thousand was too little representation. The vote was unanimous in favor of Gorham's proposal.

A final bit of debate occurred before the signing began. Edmund J. Randolph (1753–1813) of Virginia, the delegate who had first presented the Virginia Plan at the convention on May 29, decided not to sign. The Virginia Plan was written by James Madison and proposed a new national government having a powerful two-house legislature, a president, a national court system, and a system of checks and balances, measures to keep the three branches equal in power. Despite some controversial parts of the plan, it played a dominant role in discussions the next few months. Randolph feared that the Constitution was so controversial that it would cause much conflict among the states and be too disruptive to the nation if not enough states voted for ratification. He wished to hear debates in his state before he lent his support to the Constitution.

Like Randolph, other delegates had misgivings about the Constitution. Elbridge Gerry (1744–1814), a delegate from Massachusetts, also feared that a ratification debate among the states could lead to civil war. He opted not to sign. A second Virginia delegate, George Mason (1725–1792), announced he would not sign the Constitution as written because it did not contain a bill of rights, a statement of individual liberties that the government could not take away from the people. Most state constitutions had a bill of rights; Mason had written Virginia's Declaration of Rights and was greatly disturbed that the Constitution lacked a similar guarantee of individual liberties. Various other delegates stood to give some final words. William Blount (1749–1800) of North Carolina said he also opposed much of the document but would sign it for the sake of showing the states that the Constitution had unified support. Gouverneur Morris (1752–1816) of Pennsylvania, Hugh Williamson (1735–1819) of North Carolina, and Alexander Hamilton (1755–1804) of New York all urged delegates to sign the Constitution because it was the best plan that could be created. They all expressed worry that anarchy, or lawless chaos, would result if delegates did not unite in support of the Constitution.

Thirty-eight of the forty-one present stepped to the table to sign. Only Randolph, Mason, and Gerry declined to sign. Washington signed first, and then the other delegates signed in their standard state congressional voting order (see box).

George Read (1733–1798) of Delaware signed for his fellow Delaware delegate John Dickinson (1732–1808), who had left the Convention early because of illness. Dickinson's name brought the total number of signatures on the Constitution to thirty-nine.

As the final signatures were taking place, Franklin spoke to a few men sitting nearby. He said that the sun painted on the back of the chair where George Washington had sat for the entire convention appeared to him to be rising rather than setting. Franklin's comment, its positive inference clear, is described by Madison near the end of the excerpt. By late afternoon, the signing was complete. All the delegates retired to Philadelphia's fine City Tavern for drinks and dinner. The next day they left for home, returning to their families, businesses, and farms. They then began the task of convincing the states to ratify the Constitution.

Signers of the U.S. Constitution

New Hampshire: John Langdon (1741–1819); Nicholas Gilman (1755–1814)

Massachusetts: Nathaniel Gorham (1738–1796); Rufus King (1755–1827)

Connecticut: William Samuel Johnson (1727–1819); Roger Sherman (1721–1793)

New York: Alexander Hamilton (1755–1804)

New Jersey: William Livingston (1723–1790); David Brearley (1745–1790); William Paterson (1745–1806); Jonathan Dayton (1760–1824)

Pennsylvania: Benjamin Franklin (1706–1790); Thomas Mifflin (1744–1800); Robert Morris (1734–1806); George Clymer (1739–1813); Thomas Fitz-Simmons (1741–1811); Jared Ingersoll (1749–1822); James Wilson (1742–1798); Gouverneur Morris (1752–1816)

Delaware: George Read (1733–1798); Gunning Bedford Jr. (1747–1812); John Dickinson (1732–1808); Richard Bassett (1745–1815); Jacob Broom (1752–1810)

Maryland: James McHenry (1753–1816); Daniel of St. Thomas Jenifer (1723–1790); Daniel Carroll (1730–1796)

Virginia: George Washington (1732–1799); John Blair (1732–1800); James Madison Jr. (1751–1836)

North Carolina: William Blount (1749–1800); Richard Dobbs Spaight (1758–1802); Hugh Williamson (1735–1819)

South Carolina: John Rutledge (1739–1800); Charles Cotesworth Pinckney (1746–1825); Charles Pinckney (1757–1824); Pierce Butler (1744–1822)

Georgia: William Few (1748–1828); Abraham Baldwin (1754–1807)

Things to remember while reading excerpts from Notes of Debates in the Federal Convention of 1787:

Franklin's speech attempted to convince delegates to put aside their own objections to the Constitution and unite in signing the document for the good of the country.
Franklin stated that while no one was totally satisfied with the document, it was the best they could do; he emphasized that the nation badly needed a strong central government.

Excerpt from Notes of Debates in the Federal Convention of 1787

[Madison's words:]

Theengrossed Constitution being read,Docr. FRANKLIN rose with a speech in his hand, which he had reduced to writing for his ownconveniency, and which Mr. [James] Wilson read in the words following.

[Franklin's words:]

Mr. President, I confess that there are several parts of this constitution 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 beingobliged 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 mostsects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error.Steele aProtestant in a Dedication tells thePope, that the only difference between our Churches in their opinions of the certainty of theirdoctrines is, theChurch of Rome isinfallible and theChurch 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 no body but myself, that's always in the right . ... " [Franklin spent many years in France as a diplomat and refers to a hypothetical French woman to make a point.]

In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Governmentnecessary 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. ... I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, youinevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find thissystem 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 areconfounded like those of theBuilders 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 Iconsent, Sir, to this Constitution 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, Isacrifice to the public good. I have never whispered a syllable of themabroad. Within these walls they were born, and here they shall die. If every one of us in returning to ourConstituents were to report the objections he has had to it, andendeavor to gainpartisans in support of them, we might prevent its being generally received, and thereby lose all thesalutary effects and great advantages resulting naturally in our favor among foreign Nations as well as among ourselves, from our real or apparentunanimity. Much of the strength & efficiency of any Government inprocuring 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 andintegrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake ofposterity, we shall act heartily andunanimously in recommending this Constitution (if approved by Congress and 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 can not 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 tomake manifest our unanimity,put his name to thisinstrument.

[Madison's words:]

He thenmoved that the Constitution besigned by the members and offered the following. ..."Done in Convention by the unanimous consent of the States present the 17th. ofSepr. —In Witness whereof we have hereuntosubscribed our names. ..."

Mr. GORHAM said if it was not too late he could wish, for the purpose of lessening objections to the Constitution, 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 Congressa greater latitude which could not be thought unreasonable.

Mr. KING and Mr. CARROL seconded and supported the idea of Mr. Gorham.

When thePRESIDENT rose, for the purpose ofputting the question, he said that although hissituation hadhitherto restrained him from offering his sentiments on questionsdepending in the House, and it might be thought, ought now to impose silence on him, yet he could notforbear 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 Conventionan insufficient security for the rights & interests of the people. He acknowledged that it had always appeared to himself among theexceptionable parts of the plan, and late as the present moment was foradmitting amendments, he thought this of so muchconsequence that it would give much satisfaction to see it adopted.

No opposition was made to theproposition of Mr. Gorham and it was agreed to unanimously. ...

The members then proceeded to sign the instrument.

Whilst the last members were signing it Doctr. 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 thevicissitudes of my hopes and fears as to itsissue, looked at that [sun] 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 Constitution being signed by all the members except Mr. Randolph, Mr. Mason, and Mr. Gerry who declined giving it thesanction of their names, the Conventiondissolved itself by an Adjournment sine die.

What happened next...

Article 7 of the Constitution required nine of the thirteen states to ratify (approve) the document before it could go into effect. The country would continue to operate under the Articles of Confederation until ratification took place. The Continental Congress, meeting in New York City, received the document on September 26, 1787, and debated for two days whether to send it on to the states for ratification. Despite their concerns and without actual endorsement, the Continental Congress voted to send the document to the states. Newspapers immediately published the full text of the Constitution for all Americans to read.

The people of each state elected delegates to their state ratification convention. During ratification debates, people split into two opposing groups, the Federalists and Anti-Federalists. The Federalists supported ratification of the Constitution. They wanted a stronger federal (national) government, and they believed the nation needed the new constitution to survive. The Anti-Federalists opposed the Constitution and had long opposed a strong federal government. They believed real power should remain only with the state governments. They thought the national government could not be trusted and would heavily tax the people. Farmers especially feared the national government's taxing authority.

The Federalists were much more organized than the Anti-Federalists and got their word out quickly. People knew that George Washington and Benjamin Franklin, the two most admired Americans, were on the Federalist side, and this influenced them to support the Constitution. Federalists did not share the Anti-Federalist distrust of a national government.

Delaware, New Jersey, Pennsylvania, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina had ratified the Constitution by May 23. Pennsylvania and Massachusetts had experienced considerable resistance from the Anti-Federalists, many of whom were farmers. New Hampshire narrowly voted for ratification on June 21, 1788, making the Constitution the law of the land. However, everyone knew the Constitution needed the support of the two biggest states, Virginia and New York. With James Madison's calm guidance at the Virginia convention, the delegates voted 84 to 79 for ratification on June 26. Fearing their state would be the only one left out of the union, delegates at the New York convention voted 30 to 27 in favor of the Constitution on July 26.

The new Congress convened in New York City on April 6, 1789. Delegates elected George Washington as the nation's first president; the second leading vote-getter, Massachusetts delegate John Adams (1735–1826), was elected vice president. On April 30, Washington and Adams were sworn in.

One of the most debated issues during the ratification process was the Constitution's lack of a bill of rights, which would address a person's fundamental rights as a human being. Throughout the entire convention process, the states had made many requests for additions, or amendments, to the Constitution. James Madison combined the many proposals into a list of twelve amendments. Once three-fourths of the states ratified the amendments, they would become part of the Constitution. By December 15, 1791, states had ratified ten of the twelve amendments. These ten became the Bill of Rights and included freedom of religious choice, freedom of speech, freedom of assembly (gathering), freedom of the press, guarantees of due process of law (following legal rules fairly for everyone), and the right to trial by jury. The passage of the Bill of Rights relieved much of the Anti-Federalist opposition to the Constitution. Many Anti-Federalist leaders assumed positions in the new government.

Did you know...

To ensure open and frank debate, discussions at the Constitutional Convention were held in complete secrecy. Nothing that was said during these discussions was to be spoken or written about out-side the walls of the State House, the building where the delegates met for the convention. However, at the end of a long day of debate, Benjamin Franklin enjoyed going to the Philadelphia taverns to eat dinner, talk, and have a few drinks. He enjoyed conversation so much that two escorts were assigned to go everywhere with him and prevent him from revealing what had been discussed at the convention.
Alexander Hamilton was the only representative from New York present on signing day, September 17. The other two New York delegates had left in midsummer. Hamilton by himself did not represent a quorum (a large enough part of the New York delegation), so technically he was not supposed to vote on or sign the Constitution. The determined Hamilton signed anyway, making it appear that twelve instead of eleven states had approved.
Rhode Island was the only state that did not send delegates to the Constitutional Convention and therefore had no signatures on the Constitution. Rhode Island's leaders did not support strengthening the national government to the extent that they assumed the Convention would support it. They chose not to attend.
The famous "rising sun" chair that Franklin referred to is on display at the Independence National Park in Independence Hall in Philadelphia.
The 1787 convention was not referred to as the Constitutional Convention at the time that it was taking place. The delegates had not been authorized by the Continental Congress to write a new constitution. Nevertheless, they took the initiative to do so, and over time, this decision came to be seen as part of a historic event, now commonly known as the Constitutional Convention.

Consider the following...

Choose one or two of the thirty-nine delegates who signed the Constitution and write their biographies. Working with others, make a chart of the delegates' professions and other details that will illustrate the makeup, or composition, of the men who shaped the nation at the Constitutional Convention.
Debate the pros and cons of signing the Constitution without fully supporting it.
Why was the spirit of compromise essential to the 1787 convention?

Engrossed: Complete.

Docr.: Doctor.

Conveniency: Convenience.

Obliged: Forced.

Sects in Religion: Religious groups that have separated from a larger religious group.

Steele: Still.

Protestant: A member of a Christian religious denomination that separated from the Roman Catholic Church in the 1500s.

Pope: Leader of the Roman Catholic Church.

Doctrines: Set of beliefs.

Church of Rome: Roman Catholic Church.

Infallible: Never wrong.

Church of England: A Protestant church.

Inevitably: Unavoidably.

System: Set of principles.

Confounded: Unsure how to proceed and not in agreement.

Builders of Babel: People in a biblical story who try to build a tower to heaven but fail because they speak different languages and cannot communicate.

Consent: Agree.

Sacrifice to: Overlook for.

Abroad: Outside the convention's meeting room.

Constituents: Citizens of each delegate's home state.

Endeavor: Try.

Partisans: Supporters.

Salutary: Favorable.

Unanimity: Unity of opinion.

Procuring: Obtaining.

Integrity: Strong moral character.

Posterity: The future.

Unanimously: In complete agreement.