Yesterday, after the intense debate regarding representation in the national legislature, the Committee voted in favor of guaranteeing to each State a republican form of government; devising a method for amending the new Constitution; and requiring oaths from members of the State governments to observe the national Constitution and laws.
Yesterday’s session also welcomed the arrival of Abraham Baldwin, completing Georgia’s delegation to the Convention, which includes William Few, William Houstoun and William Pierce. Only three of them were born in the State they have been asked to represent. Baldwin moved there only three years ago to practice law, but immediately began efforts to advance Georgia’s educational system, founding the University of Georgia. His sister, Ruth, is married to poet and diplomat Joel Barlow, author of Visions of Columbus.
Founded in 1732 by James Oglethorpe as a refuge for London’s indebted prisoners, “the worthy poor,” the colony was named after George II. Georgia was the only British colony in the Americas to prohibit slavery from its inception. In fact, Roman Catholics and lawyers were also prohibited from entering the colony. In 1751, a year before Georgia became a royal colony, the ban on slavery was lifted. Today, Georgia is the largest State in size, larger than any State east of the Mississippi River, but among the smallest in population. Rather than supporting equality of States in at least one branch of the legislature as do the other small States, Georgia voted for proportional representation because of the “three-fifths compromise” as well as the belief that the population of Georgia will expand.
As usual, George Washington called the Convention to order at 11:00 a.m. and the House resolved into the Committee of the Whole, Nathaniel Gorham presiding. If “the devil is in the details,” the devil was indeed busy today. The Committee readily approved Resolve 15 of the Virginia Plan proposing that the new Constitution be ratified by conventions in each State, chosen by the people. Without discussion, the States voted 6 – 3 – 1 to approve.
Proposed terms of office for members of the first branch of the national legislature ranged from one to three years. Daniel of St. Thomas Jenifer proposed three years, suggesting that too frequent elections “render the people indifferent to them, and make the best men unwilling to engage in so precarious a service.” James Madison agreed, acknowledging the need for sufficient time for members “to form any knowledge of the various interests of the States to which they do not belong, and of which they can know but little from the situation and affairs of their own. One year,” he argued, “will be almost consumed in preparing for and traveling to and from the seat of national business.”
“The people of New England will never give up annual elections,” declared Elbridge Gerry. “It is necessary to consider what the people will approve.” Having heard this often in recent deliberations, Madison countered, “If the opinions of the people were to be our guide, it would be difficult to say what course we ought to take.” It is impossible to know the opinions of our constituents. We cannot know what the people would think if they had the information we have, and opinions may be different six or twelve months from now. No, Madison insisted, “We ought to consider what is right and necessary in itself for the attainment of a proper government.” Such a plan will recommend itself based on experience, the support of “respectable citizens” and “the respectability of this convention.” Three-year terms for the first branch of the national government passed 7 – 4 (Connecticut, Massachusetts, South and North Carolina in the negative).
The term for Senators was set at seven years (8 – 1 – 2), reflecting the Committee’s view that the Senate’s role is to “control the democratic branch of the national legislature…and, in some measure, the Executive.” Roger Sherman’s preference for five years was rejected, even though Sherman said if Senators “acted amiss” elections could remove them sooner.
Pierce Butler’s and Governor Randolph’s proposition that Senators serve with no salary or compensation was easily defeated and the Committee voted to provide a “fixed salary” for members of both branches of the legislature, to be paid from the national treasury. A minimum age of thirty was set for Senators, but none set for members of the lower house. Members of both houses would be ineligible to hold office under the national government for one year after ceasing to be members. The issue of term limits was not addressed.
In an almost rapid-fire series of motions, the Committee, with little dissention, agreed to a series of votes relating to the jurisdiction of the Supreme Court. Finally, additional consideration of Resolve 9 (the judiciary) was postponed.
In just under three weeks, the Convention has tacitly abandoned any attempt to amend the Articles of Confederation and reached a general consensus that a new national government should be constructed, composed of legislative, executive, and judicial departments. It is also apparent that the Convention will not adjourn soon. This evening North Carolina’s Richard Spaight wrote to Gov. Caswell, informing him that he and his colleagues “are of opinion that a further advance of two month’s salary will be necessary.” Gov. Randolph made a similar request several days ago and is now planning for his family to join him in Philadelphia.
On Sunday, Madison wrote to his friend, James Monroe, justifying the Convention’s secrecy rule as a “prudent one; not only as it will effectively secure the requisite freedom of discussion; it will save both the Convention and the Community from a thousand erroneous and perhaps mischievous reports.” Regarding Rhode Island’s refusal to attend, he added, “If her deputies should bring with them the complexion of the State, their company will not add much to our pleasure, or to the progress of the business.” If a new government is formed under a new Constitution, will Rhode Island join or go her own way?