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By Root 1939 0

States, by common agreement met for the purpose of consulting on the proper steps to be taken in consequence of the vote in favor of an equal Representation in the 2d. branch, and the apparent inflexibility of the smaller States on that point—Several members from the latter States also attended. The time was wasted in vague conversation on the subject, without any specific proposition or agreement. It appeared indeed that the opinions of the members who disliked the equality of votes differed so much as to the importance of that point, and as to the policy of risking [a failure of] a[ny] general act of the Convention by inflexibly opposing it. Several of them supposing that no good Governnt could or would be built on that foundation, and that as a division of the Convention into two opinions was unavoidable it would be better that the side comprising the principal States, and a majority of the people of America, should propose a scheme of Govt. to the States, than that a scheme should be proposed on the other side, would have concurred in a firm opposition to the smaller States, and in a separate recommendation, if eventually necessary. Others seemed inclined to yield to the smaller States, and to concur in such an Act however imperfect & exceptionable, as might be agreed on by the Convention as a body, tho’ decided by a bare majority of States and by a minority of the people of the U. States. It is probable that the result of this consultation satisfied the smaller States that they had nothing to apprehend from a Union of the larger, in any plan whatever agst. the equality of votes in the 2d. branch.

GETTING DOWN TO DETAILS

Resolutions Adopted by Convention (July 26, 1787)

PAGE 371

Draft Constitution (August 6, 1787)

PAGE 374

Debate on War Power (August 17, 1787)

PAGE 386

Debate on Treaty Power (August 23, 1787)

PAGE 387

Objections of Edmund Randolph, George Mason, and Elbridge Gerry (September 15, 1787)

PAGE 390

Benjamin Franklin: Concluding Appeal for Unanimity (September 17, 1787)

PAGE 392

ONCE THE KEY ISSUE of representation was solved on July 16, the delegates turned their attention to the second branch of government : the executive. They spent much of the next ten days wrestling with an array of questions relating to the election and tenure of the executive (eventually called the president). Then, after two months of deliberations, the convention recessed, instructing a committee of detail to convert the resolutions it had adopted thus far into a working constitution. Their report, delivered on August 6, set the framework for the remaining six weeks of debate.

The most significant development during this final phase was the gradual enlargement of executive power. Into early August, the future presidency remained largely a cipher. It was the Senate, for example, that was expected to make treaties and appointments to other major executive and judicial offices. But once the convention took up the report of the committee of detail, it began to augment executive power. Two debates of August 17 and 23—the first concerned with the power to initiate war, the second with the negotiation of treaties—illustrate this development.

By early September, the exhausted delegates were prepared to complete their work. Forty-two members from twelve states were still in attendance. Three of these—George Mason and Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts—had indicated they were unwilling to sign the completed Constitution. Their objections soon provided significant inspiration for the Constitution’s opponents, the Anti-Federalists. It was to overcome their scruples that the convention’s and the country’s great sage, Benjamin Franklin, made a characteristically witty but politically futile appeal for unanimity.

RESOLUTION ADOPTED BY CONVENTION

JULY 26, 1787

1. RESOLVED That the Government of the United States ought to con sist of a Supreme Legislative, Judiciary and Executive.

2. RESOLVED That the Legislature of the United States ought to consist of two Branches.