August 31, 1787: The Fountain of All Power

Part of the National Park Service's day-by-day account of the Constitutional Convention in Philadelphia, August 16 to 31, 1787.

The Fountain, 18th century. National Gallery of Art.

"The people were, in fact, the fountain of all power, and by resorting to them, all difficulties were got over. They could alter constitutions as they pleased."
— James Madison

In the Convention: Friday, August 31, 1787

How the Constitution would be ratified

• Only ratifying states bound. King (Massachusetts) moved that the new government would govern only the states that ratified. Passed, only Maryland against.
• How many states? Madison (Virginia) proposed seven or more, provided they held at least thirty-three seats in the first House — so that most Americans would live in ratifying states. Sherman (Connecticut) now wanted all thirteen; Carroll and Luther Martin (Maryland) moved for unanimity, which failed with only Maryland in favour. Ten failed; nine passed 8–3, Virginia and the Carolinas against.
• Conventions or legislatures? Gouverneur Morris (Pennsylvania) wanted states free to ratify by other means; Carroll said Maryland's constitution would not let it ratify by convention. King, Madison, Gorham (Massachusetts) and Charles Pinckney (South Carolina) insisted on conventions: since the Constitution took power from state governments, legislatures would be more reluctant, and conventions drawing their power straight from the people could override doubts about state constitutions. Martin called such "first principles" dangerous — what if legislature and people disagreed? — and was sure Maryland would not ratify by any method. Morris's motion failed 4–6. The ratification article passed as amended, only Maryland against (Jenifer its only "yes").

Congress's role, and speed

• Morris and Pinckney struck the words sending the Constitution to the Confederation Congress "for their approbation."
• They then moved to have state legislatures call conventions "as speedily as circumstances will permit." Morris argued that the plan would be popular at first, but state officials would gradually "intrigue, and turn the popular current against it." Martin, now an open opponent, agreed that speed mattered — and so welcomed delay, since the people would not support it "unless hurried into it by surprise." Gerry (Massachusetts) called the Constitution "full of vices" and objected to destroying the Confederation without the unanimous consent of its members. The motion failed 4–7.

Open dissent

Gerry moved to postpone, seconded by Mason (Virginia), who said "he would sooner chop off his right hand, than put it to the Constitution as it now stands," and, if some points could not be fixed, wanted another general convention. Morris wanted one too — to create the stronger national government this one had shied from. Randolph (Virginia), unsure he could support the plan, proposed that state conventions propose amendments for a second national convention. The postponement failed 3–8 (New Jersey, Maryland and North Carolina for), and the article passed 10–1, Maryland against. The final article, on how the government would begin after ratification, passed unanimously.

Trade among the states

The clause forbidding preference to any state's ports was approved. The clause barring ships bound to or from one state from being made to enter or clear in another drew objections from Madison, Gorham and Langdon (New Hampshire), who saw cases for exceptions, but FitzSimons (Pennsylvania) and the Marylanders backed it, and it passed 8–2, New Hampshire and South Carolina against.

A last committee

On Sherman's motion, everything postponed or not yet acted on went to a new Committee of Eleven, one member per state: Gilman (New Hampshire), King, Sherman, Brearley (New Jersey), Gouverneur Morris, Dickinson (Delaware), Carroll, Madison, Williamson (North Carolina), Butler (South Carolina) and Baldwin (Georgia).

In short

• The Constitution would bind only ratifying states, be ratified by specially called conventions, and take effect once nine states ratified.
• The Confederation Congress would be asked to send it to the states whether or not it approved.
• The Constitution would not urge quick ratification.
• Martin, Gerry and Mason spoke against ratification; Randolph was undecided.
• Every article of the draft had now been considered, and a committee was set up to settle what was left.

The delegates' day

• Washington (Virginia) dined at Robert Morris's, then took Elizabeth Powel to tea at Lansdowne, Governor Penn's estate.

Philadelphia today

• Clear and pleasant.

Sources

• National Park Service, Independence National Historical Park, "August 31, 1787: The Fountain of All Power," from The Constitutional Convention: A Day by Day Account for August 16 to 31, 1787. https://www.nps.gov/articles/000/constitutionalconvention-august31.htm
• The original spells the New Jersey delegate's name "Brearly"; it is usually written Brearley.
• Quotations are from the records of 1787; the rest is rewritten in hubnx's own words.