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Home > Constitutional Convention > The Constitutional Convention as a Four Act Drama by Gordon Lloyd

The Constitutional Convention as a Four Act Drama
by Gordon Lloyd

See Also:
   Convention: Introduction to this Site | Introduction to the Convention | Four Act Drama |
       Day by Day Summary | Major Themes | Madison's Notes | Selected Correspondence

   Delegates: Age of Framers in 1787 | Educational Backgrounds | Continental Experiences |
       Delegates by State | Alphabetical List | Interactive Scene at the Signing of the Constitution |
       Interactive Map of Philadelphia | Entertainment of George Washington at the City Tavern

Virginia Plan
Act I:
The Alternative Plans
  • Scene 3: First Discussion of the Virginia Plan
    • May 30: Resolution 1 amended
      • The Convention resolves itself into Committee of The Whole, Nathaniel Gorham in the Chair.
      • Resolution 1:  After discussion, agreed (6 - 1 - 1) that a national government consisting of a supreme legislature, judiciary, and executive should be formed. Connecticut voting against, New York divided.
      • Resolution 2:  Discussed whether representation should be based on population or amount of each State's financial contribution.

        Madison's Notes of the Debates
    • May 31: Resolutions 2 - 6 discussed and 5a defeated.
      • Resolution 3:  Decided on a bicameral legislature.
      • Resolution 4a:  Agreed (6 - 2 - 2) on election of First House by the people.
      • Resolution 5a:  Defeated (7 - 3 - 0) Second House elected by the First House.
        Madison's reaction: "a chasm (was) left in this part of the plan."
        Sherman's suggestion: "election of one member by each of the State Legislatures."
      • Resolution 6:  Agreed unanimously that either house could initiate legislation.

        Agreed unanimously to incompetence clause and negative on State Laws.


        Madison's Notes of the Debates
    • June 1: Debated and postponed Resolution 7 on the Presidency.
      • Resolution 7:  Agreed to institute a national executive with power to carry into effect the national laws and to appoint officers not otherwise provided for.

        Agreed (5 - 4 - 1) on a seven year term for executive.

        Postponed consideration of single or plural executive.


        Madison's Notes of the Debates
    • June 2: Further lengthy deliberation of Resolution 7
      • Resolution 7:  Confusing day on the executive.

        Agreed to selection of Executive by Legislature.

        Agreed on seven year term (8 - 2), and ineligible after one term (7 - 2 - 1)

        Dickinson's motion that Executive be subject to impeachment defeated (9 - 1).

        Benjamin Franklin: executive should receive no salary. Motion postponed.

        Madison's Notes of the Debates
    • June 4: More deliberation of Resolution 7
      • Resolution 7:  Another confusing day on the Executive.

        Agreed (7 - 3) on single executive.

        Resolution 8:  Council of Revision postponed.

        Agreed (8 - 2) to give executive a veto over legislation subject to override by 2/3 of each branch of Legislature.

        Resolution 9:  Agreed to establish a National Judiciary consisting of a Supreme Court and one or more inferior tribunals, compare with July 21 and August 15.

        Madison's Notes of the Debates
    • June 5: Consideration of Resolutions 9 - 15
      • Resolution 9:  Agreed to delete "one or more" and change to "a Supreme Court and inferior tribunals."

        Resolution 9:  Debated judicial selection and postponed decision, but agreed (8 - 2) to reject approval of judicial appointments by Legislature.
        Resolution 9:  Agreed on judicial tenure during good behavior.

        Agreed on a salary provision.

        Resolution 9:  Reconsidered inferior tribunals and agreed to eliminate reference to them, then agreed to empower the Legislature to establish such courts.
        Resolution 10:  Agreed (8 - 2) on admitting new states (on equal footing with original states).
        Resolution 11:  Postponed republican guarantee clause until representation is settled.
        Resolution 12:  Passed an Interim Government provision (8 - 2).
        Resolution 13:  Postponed (7 - 3).
        Resolution 14:  Postponed (6 - 4 - 1) with New Jersey voting.
        Resolution 15:  Postponed.

        Madison's Notes of the Debates
  • Scene 4: Madison-Sherman Exchange
    • June 6: Are people "more happy in small than large States?" Should Resolution 4a be adopted?
      • Resolution 4a:  Defeated motion to have State Legislature elect First House of National Legislature (8 - 3).

        Sherman: "The people are more happy in small than large states." His argument invokes the traditional understanding of republicanism.

        Madison: We need to "enlarge the sphere." His argument points back to "vices" and forward to Federalist 10.

        Madison's Notes of the Debates
  • Scene 6: The 19 Resolutions of the Amended Virginia Plan
    • June 11: Popular representation in both branches?
      • Resolution 4a:  Return to National Representation

        Introduction of 3/5 Clause.

        Decided (9 - 2) that representation in Lower House of the National Legislature should be based on free population plus 3/5 of all other persons.

        Sherman and Ellsworth (both from Connecticut) propose one State one vote in Senate.

        Disagreed (6 - 5) that each state should be equally represented in Senate.

        Resolution 5a:  Agreed (6 - 5) that representation in the Second House should also be proportional plus 3/5 of all other persons.
        Resolution 13:  Discussed.
        Resolution 14:  Agreed (6 - 5) to require oaths to observe the National Constitution and National laws by State officers.

        Madison and Dickinson differ on purpose of Senate.

        Madison's Notes of the Debates

    • June 12: The Specifics of Representation
      • Resolution 15:  Agreed (5 - 3 - 2) to refer Constitution to the people of the several states for ratification. Pennsylvania not voting.
        Resolution 4b:  Agreed (7 - 4) on three-year terms for First House of National Legislature.
        Resolution 4c:  Struck out, without discussion, rotation and recall provisions, the end of a republican tradition.
        Resolution 4d:  Agreed (8 - 3) to provide "Liberal compensation for members of the First House to be paid from the National Treasury."
        Resolution 4e :  Agreed (8 - 1 - 2) to make members of First House ineligible for offices under the National Government for one year after leaving the House.
        Resolution 5b,c:  Agreed to require a minimum age of 30 (7 - 4) and a seven-year term for Senators (8 - 1 - 2).
        Resolution 5d:  Defeated (7 - 3 - 1) no pay for Senators.
        Resolution 9:  Discussed and postponed the jurisdiction to be given the Supreme Court.

        Madison's Notes of the Debates
    • June 13: Amended Virginia Plan
      • Resolution 9:  Agreed that the jurisdiction of the National Judiciary should extend to cases that respect the collection of the national revenue, impeachment of any national officers and questions involving the national peace and harmony.
        Resolution 9:  Agreed that the Supreme Court should be appointed by the Senate.
        Resolution 6:  Rejected (8 - 3) a motion requiring money bills to originate in the first branch of the Legislature.
        Agreed to vote on Amended Virginia Plan with 19 Resolutions.

        Madison's Notes of the Debates


 

William Jackson's Notes on the Great Compromise
Act II:
The Connecticut Compromise
  • Scene 1: Consideration of Revised Virginia Plan
    • June 20: Lansing questions legality of the Amended Plan
      • Revised Resolution 1 and 2:  Debated the issue of a two-house legislature.
        Revised Resolution 2:  Defeated (6 - 4 - 1) a motion to consider vesting the powers of legislation in a one-house Congress.

        Madison's Notes of the Debates
    • June 21: Specifics of House Representation discussed
      • Revised Resolution 2:  Resumed discussion of the legislature and resolved that it should have two branches (7 - 3 - 1).
        Revised Resolution 3:  Considered method of electing First House

        Defeated a motion for election as stated by State Legislatures (6 - 4 - 1) and agreed to popular election (9 - 1 - 1).

        Revised Resolution 3b:  Discussed length of term of First House.

        Agreed (7 - 3 - 1) to strike "three years" and agreed nem con on two years.


        Madison's Notes of the Debates
    • June 22: Specifics of House Representation discussed
      • Revised Resolution 3c:  Defeated a motion to permit First House to determine its pay.
        (7 - 2 - 2)
        Revised Resolution 3d:  Defeated a move to strike the National Treasury as the source of pay (5 - 4 - 2).
        Revised Resolution 3:  Agreed on minimum age of 25 for members of House (7 - 3 - 1).
        Revised Resolution 3:  Discussed making members ineligible for other state or national office during their own term of office plus one year after leaving office. Defeated motion to strike (4 - 4 - 3).

        Madison's Notes of the Debates
    • June 23: Ineligibility requirements for members of Congress
      • Revised Resolution 3:  Defeated (5 - 5 - 1) a motion by Butler to provide House members adequate compensation from the National Treasury.
        Revised Resolution 3:  Agreed (8 - 3) to strike ineligibility of House members for other Federal Offices.

        Madison's Notes of the Debates
    • June 25: The purpose of the Senate
      • Revised Resolution 4:  Agreed (5 - 5 - 1) to change "Second Branch of the National Legislature" to "Second Branch of the United States Legislature."
        Revised Resolution 5:  Agreed (9 - 2) to election of the Second Branch by State Legislatures.
        Revised Resolution 4b:  Agreed unanimously to minimum age of 30 for Senators.

        Madison's Notes of the Debates
    • June 26: Specifics of Senate Representation discussed
      • Revised Resolution 4:  Resumed discussion of Senate terms.

        9-year terms with triennial rotation defeated (8 - 3).

        6-year terms with biennial rotation approved (7 - 4).

        Revised Resolution 4  Agreed (10 - 1) that members should "receive a compensation for the devotion of their time to the Public Service."
        Revised Resolution 4:  Disagreed (6 - 5) the State Treasuries should pay Senators.
        Revised Resolution 4:  Discussed and agreed unanimously on eligibility for other Federal and State offices.

        Madison outlines two theories of the Senate. See Federalist 63.
        Madison's Notes of the Debates

    • June 27: Resolutions 7 and 8 discussed
      • Revised Resolution 6:  Postponed.
        Revised Resolution 7:  Discussed "the right of suffrage in the first branch."
        Revised Resolution 8:  Discussed "the right of suffrage in the second branch" to be the same as the first branch.
        Luther Martin delivers a three-hour "desultory" speech, the substance of which was "that an equal vote in each State was essential to the federal idea, and was founded in justice & freedom, not merely in policy."

        Madison's Notes of the Debates
    • June 28: Luther Martin resumes his "discourse" on the role of the States
      • Revised Resolution 7:  Resumed discussion on representation in the First Branch.
        Revised Resolution 8:  Resumed discussion on representation in the Second Branch.

        Luther Martin continued his speech from the previous day, "contending that the General Government ought to be formed for the States, not individuals."

        Madison and Wilson oppose Martin's argument.

        Franklin, disturbed by "the small progress we have made after 4 or 5 weeks," calls for "prayers imploring the assistance of heaven."


        Madison's Notes of the Debates
  • Scene 2: Contours of Compromise: Partly Federal, Partly National
    • June 29: Ellsworth: "we were partly national; partly federal"
      • Revised Resolution 7:  Approved (6 - 4 - 1) proportional representation in the House.
        Revised Resolution 7:  Approved (9 - 2) a motion to postpone consideration of rest of Resolution 7, representation by States in Second Branch.

        Madison's Notes of the Debates
    • June 30: Loose talk of division and disunion
      • Defeated (5 - 2 - 1) resolution to ask New Hampshire to send its delegates.
        Revised Resolution 8:  Ellsworth introduces "Connecticut Compromise Motion": Equal representation in Second Branch with proportional representation in First House.

        Madison claims the great divide in American politics is "having or not having slaves" rather than large and small States.

        Dayton suggested, "we were partly federal, partly national in our Union."


        Madison's Notes of the Debates
    • July 2: Creation of the Gerry Committee
      • Revised Resolution 8:  Tied (5 - 5 - 1) on Ellsworth's motion giving each state one vote in Senate and proportional representation in House.
        Revised Resolution 8:  Voted to commit the question (9 - 2).
        Revised Resolution 8:  Voted to commit to committee of one member from each state (10 - 1).

        Gerry chaired committee made up of Gerry, Ellsworth, Yates, Patterson, Franklin, Bedford, L. Martin, Mason, Davie, Rutledge, and Baldwin.

        "That time may be given to the committee, and to such as chuse to attend to the celebrations of the Anniversary of Independence," the Convention adjourned till Thursday.

        Madison's Notes of the Debates
    • July 3
      • Gerry Committee met to work on the questions of the previous day.
  • Scene 3: Independence Day Contemplation
    • July 4: "When in the Course of Human Events"
      • Independence Day observed.

        Delegates attend Race Street Church (also known as First Reformed Church) on Fourth and Race Streets to hear annual oration on the anniversary of the Declaration of Independence given by Mr. Mitchell, a student of law.

  • Scene 4: The Gerry Committee Compromise Proposal Discussed
    • July 5: The Compromise Proposal has three components
      • Received Report from the Gerry Committee:
        1. 1. Representation in First House by population (1:40,000).
        2. 2. Representation in Second House to give each state an equal vote.
        3. 3. Money Bills to originate in First House and not subject to amendment.
              in Second House
        Gerry justifies Report: "We were neither the same nation nor different nations."

        Madison's Notes of the Debates

    • July 6: Debating the merits of proportional representation
    • July 7: Sherman reinforces case for equal representation of States in Senate
      • Gerry Committee Report:
        Took up question of equal vote for each state in Second House
        and agreed (6 - 3 - 2) to retain this provision.

        Gerry: "the new Government would be partly national, partly federal."

        Madison's Notes of the Debates
    • July 9: Distributing 56 seats in the House to the 13 States
      • Gerry Committee Report:
        Morris Committee suggested approval of the population formula (1:40,000).

        Second paragraph of Gerry Committee Report was approved (9 - 2).

        The first paragraph was refereed to an eleven-man committee (9 - 2).

        Madison's Notes of the Debates
    • July 10: North - South, Large - Small discussion
      • Received report from the Eleven Member Committee allocating 65 representatives among the 13 States for the House.

        Delegates Yates and Lansing from New York leave the Convention and explained their reasons to Governor Clinton of New York.

        Madison's Notes of the Debates

    • July 11: The census and representation
      • Inconclusive discussion on periodical censuses.

        Defeated (7 - 3) motion to strike out 3/5 for "all." G. Morris "could never agree to give such encouragement to the slave trade."

        Defeated (6 - 4) a motion "to include 3/5 of the blacks."

        Madison's Notes of the Debates

    • July 12: "Blacks equal to the whites in the ratio of representation?"
      • Approved (5 - 4 - 1) a motion to have a census within 6 years of the First Congress.

        Defeated (7 - 3) a motion for succeeding censuses every 20 years.

        Agreed (8 - 2) on census every 10 years.

        Defeated (8 - 2) motion "for rating blacks as equal to whites of as 3/5."

        Approved (6 - 2 - 2) a motion to proportion direct taxes, including 3/5, to representation.

        Madison's Notes of the Debates

    • July 13: Representation in the Senate
      • Approved (5 - 4 - 1) a motion to proportion direct taxes to the number of representatives until the first census.

        Agreed (9 - 0 - 1) that the Legislature can regulate the number of representatives in accordance with the number of inhabitants.

        G. Morris and Butler have a pointed exchange over slavery.

        Confederation Congress passes Northwest Ordinance

        Madison's Notes of the Debates

    • July 14: Does partly national, partly federal make sense?
      • Defeated (5 - 4 - 1) a motion to limit representation of new western states.

        Discussed equal vote for each State in Second House with money bills originating in First House.

        Madison argues against the "partly federal, partly national" accomodation.

        Pinckney moved "that instead of equality of votes" there should be proportional representation in the Senate. Defeated (4 - 6).

        Madison's Notes of the Debates

  • Scene 6: Return to the Amended Virginia Plan; Committee of Detail Created
    • July 17: The Supreme Law of the Land and the Independence of the Presidency
      • The delegates from large States caucused to decide whether to challenge equal representation in the Senate. They decided not to challenge the compromise.
        Revised Resolution 6b:  Resumed consideration of the powers to be given Congress. Agreed (6 - 4) to motion to include power to legislate in all cases for the general interests of the Union and in those cases where States are separately incompetent.
        Revised Resolution 6c:  Defeated (7 - 3) negative of State Laws. Madison thought the negative "essential," L. Martin considered it "improper."
        Revised Resolution 6c:  Motion by L. Martin to make laws and treaties supreme law of the respective States approved nem con.
        Revised Resolution 6c:  Began consideration of Executive.

        Agreed (10 - 0) on single executive.

        Defeated (9 - 1) election by citizens of the United States.

        Defeated (8 - 2) election by electors appointed by State Legislature.

        Approved (10 - 0) election by Legislature.

        Postponed decision on 7-year term.

        Defeated ineligibility requirement (6 - 4).

        Defeated motion to substitute hold office "during good behavior" rather than 7 years (6- 4).

        Defeated motion to strike seven years (6 - 4).


        Madison's Notes of the Debates
    • July 18: Discussion of Resolutions 11 - 16
      • Revised Resolution 9:  Agreed to reconsider ineligibility of Executive (8 - 0) (New Jersey and Georgia not voting).

        Agreed to Executive Veto with 2/3 override.

        Revised Resolution 11:  Began consideration of Judiciary.

        Defeated (6 - 2) motion for appointment by Executive.

        Motion for Executive nomination and appointment on advice and consent of Second House defeated (4 - 4).

        Revised Resolution
        12-16        :         		 Agreed to let Legislature create inferior tribunals, nem con.

        Agreed "that the jurisdiction shall extend to all cases arising under the national laws and to such other questions as may involve the national peace and harmony," nem con.

        Agreed to admit new States with the consent of less than the whole of the National Legislature.

        Began consideration of continuing the Confederation during the transitional period

        Took up Guarantee of Republican Government for States.


        Madison's Notes of the Debates
    • July 19: Reconsideration of the Independent Presidency
      • Revised Resolution 9:  G. Morris moved to reconsider the appointment, duration, and eligibility of the Executive. Agreed (10 - 0).

        Agreed (6 - 3 - 1) to Ellsworth's motions to appointment of Executive by electors chosen by State Legislatures (8 - 2).

        Defeated (8 - 2) ineligibility for re-election.

        Defeated (5 - 3 - 2) 7-year term.

        Agreed (9 - 1) to 6-year term.

        Madison's Notes of the Debates
    • July 20: More disputation over the Independent Presidency
      • Revised Resolution 9:  Took up apportionment of electors among the States with a minimum of one and a maximum of three per State.

        Defeated (7 - 3) motion to add an elector for New Hampshire and Georgia.

        Agreed (6 - 4) to Gerry's allocation of one to three per each State.

        Revised Resolution 9:  Made Executive removable by impeachment (8 - 2).

        Franklin saw impeachment as the republican peaceful alternative to assassination under despotism.

        Revised Resolution 9:  Agreed on fixed compensation, nem con.

        Agreed (9 - 1) to be paid out of National Treasury.


        Madison's Notes of the Debates
    • July 21: The Council of Revision revisited
      • Revised Resolutions
        10, 11        :         		 Wilson and Madison argued unsuccessfully on behalf of reinstating original Council of Revision.

        Rejected (4 - 3 - 2) motion to join Judiciary with Executive in the exercise of veto power (New Jersey not voting, Pennsylvania and Georgia divided).

        Agreed (9 - 0) on qualified Executive Veto.