While the last members were signing their names, Dr. 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.[60]
Franklin.
During the deliberations of the convention, several questions of deep interest arose; but none, perhaps, more exciting than that which related to the relative weight of the states in the two branches of the national legislature. The small states, at length, consented that the right of suffrage in the house should be in proportion to the whole number of white or other free citizens in each, including those bound to service for a term of years, and three-fifths of all other persons. While they yielded this point, they insisted on an equal vote in the senate.
To this, the larger states objected; and, on this question, they remained for a time about equally divided. "On the first trial, in committee of the whole, six states against five decided that the right of suffrage in the senate should be the same as in the house; the states of Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia, being in the affirmative, and Connecticut, New York, New Jersey, Delaware, and Maryland in the negative.
"On the 29th of June, the question was again presented to the consideration of the convention, in a motion made by Mr. Ellsworth, "that in the second branch, each state should have an equal vote." We cannot pretend to give even an outline of the arguments in favor and against this motion. The debate was warm and exciting. For several days, the powers of mighty minds were in animated collision; and from the strong ramparts behind which the respective parties had apparently entrenched themselves, there was, for a time, little prospect of union on the question.
"On the 23d of July, the question was taken, on the motion of Mr. Ellsworth, that in the senate each state should have one vote; and five states were in favor of it, five against it, and one divided; and the motion was lost. This equal division on a subject of such importance, accompanied with so much warmth on both sides, seemed to present an insurmountable obstacle to further proceedings of the convention, without some compromise. To effect this, Charles C. Pinckney, of South Carolina, moved for the appointment of a committee, to take into consideration the subject of both branches of the legislature. This motion prevailed, though not without opposition. Some of the members were in favor of appointing a committee, though they had little expectation of a favorable result. Mr. Martin, of Maryland, declared that each state must have an equal vote, or the business of the convention was at an end.
"Mr. Sherman said, we have got to a point that we cannot move one way or the other; a committee is necessary to set us right. Mr. Gerry observed, that the world expected something from them: if we do nothing, we must have war and confusion—the old confederation would be at an end. Let us see if concessions cannot be made—accommodation is absolutely necessary, and defects may be amended by a future convention.