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 2d 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 infavor 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.
Thus the Convention was at a stand. Hopes were indeed entertained that unanimity of views might on some basis prevail, but the longer continuance of the debate, in the then existing state of the Convention, it was apparent, was engendering no good. About this time, the venerable Franklin rose and addressed the President:
“Mr. President—The small progress we have made after four or five weeks’ close attendance and continual reasonings with each other, our different sentiments on almost every question, several of the last producing as many noes as ayes, is, methinks, a melancholy proof of the imperfection of the human understanding. We indeed seem to feel our want of political wisdom, since we have been running all about in search of it. We have gone back to ancient history for models of government, and examined the different forms of those republics which, having been originally formed with the seeds of their own dissolution, now no longer exist; and we have viewed modern states all round Europe, but find none of their constitutions suitable to our circumstances. In this situation of this assembly, groping, as it were, in the dark, to find political truth, and scarce able to distinguish it when presented to us, how has it happened, sir, that we have not hitherto once thought of humbly applying to the Father of Lights to illuminate our understandings? In the beginning of the contest with Britain, when we were sensible of danger, we had daily prayers in this room for the divine protection? Our prayers, sir, were heard;—and they were graciously answered. All of us, who were engaged in the struggle, must have observed frequent instances of a superintending providence in our favor. To that kind providence we owe this happy opportunity of consulting in peace, on the means of establishing our future national felicity. And have we now forgotten that powerful friend?—or do we imagine we no longer need his assistance? I have lived, sir, a long time; and the longer I live, the more convincing proofs I see of this truth—that God governs in the affairs of men! And if a sparrow cannot fall to the ground without his notice, is it probable that an empire can rise without his aid? We have been assured, sir, in the sacred writings, that ‘except the Lord build the house, they labor invain that build it.’ I firmly believe this; and I also believe, that without his concurring aid, we shall succeed in this political building no better than the builders of Babel: we shall be divided by our little partial local interests, our projects will be confounded, and we ourselves shall become a reproach and a by-word down to future ages. And what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing government by human wisdom, and leave it to chance, war, and conquest.
“I therefore beg leave to move, that henceforth prayers, imploring the assistance of heaven, and its blessings on our deliberations, be held in this assembly every morning, before we proceed to business; and that one or more of the clergy of this city be requested to officiate in that service.”
This was a well timed suggestion, and coming as it did from so venerable a man as Dr. Franklin, was responded to by the Convention. It is wonderful that the blessing and guidance of the God of nations had not been sought before.
Impressed with the necessity of compromise, the convention chose a committee by ballot, consisting of one from each state, and then adjourned for three days. On re-assembling, it was found that greater harmony prevailed—a report was presented from the committee, which being accepted, the Convention proceeded with a good degree of unanimity in their deliberations, until at length a constitution was agreed upon. Of the fifty-five members who attended the Convention, thirty-nine signed this instrument.Of the remaining sixteen, several who were in favor of it were obliged, from particular business, to leave the Convention before it was ready for signing.[82]
The Convention recommended that the constitution should be submitted to state conventions, and that as soon as the same should be ratified by a constitutional majority, congress should take measures for the election of a President, and fix the time for commencing proceedings under it.
At the first session of the first congress, the senate and house of representatives, two thirds concurring, recommended to the states the adoption of twelve amendments to the constitution, comprising chiefly those parts of the recommendations of the states which we have already noticed as having been adopted. Ten of these amendments were adopted by three fourths of the legislatures of the states, and became a part of the constitution. Subsequently three other amendments were added.