Ratification of the Constitution

McMaster & Stone

Journal Notes of the Pennsylvania Ratification Convention

The convention met agreeably to adjournment.

It was moved by Mr. M’ Kean, seconded by Mr. Chambers, that the convention do now proceed to consider the proposed constitution by articles.

This motion occasioned a long and desultory debate, in which it was contended, on the one hand, that the restraints of proceeding in convention, under fixed rules, precluding any member from speaking oftener than twice on the same question, and the advantages of reconsideration afforded by going into a committee of the whole, would be sufficient reasons for dissenting from the proposed motion.

On the other side, the expense and delay of going twice over the same ground was insisted on; and in order to obviate the difficulty arising from the rule of debate, it was proposed to rescind that, and leave it in the power of each member to speak as often as he pleased.

The rule was accordingly rescinded, and the question being taken on a motion made by Mr. Whitehill, for postponing the resolution proposed by Mr. M’ Kean, in order to introduce a motion for going into a committee of the whole, was lost, there being 43 against it, and 24 in favor of it.

While the convention were debating on the propriety of referring the constitution to a committee of the whole, Mr. Wilson made the following observation: “Shall we, Sir, while we contemplate a great and magnificent edifice, condescend like a fly, with its microscopic eye, to scrutinize the imperfections of a single brick?” Mr. Findley, retorting the metaphor, said “Shall we not, Sir, when we are about to erect a large and expensive fabric (for as far as it respects us, we are about to erect this mighty fabric of government in Pennsylvania) examine and compare the materials of which we mean to compose it, fitting and combining the parts with each other, and rejecting every thing that is useless and rotten?” “That,” concluded Dr. Rush, “is not our situation. We are not, at this time, called upon to raise the structure. The house is already built for us, and we are only asked, whether we choose to occupy it? If we find its apartments commodious, and, upon the whole, that it is well calculated to shelter us from the inclemencies of the storm that threatens, we shall act prudently in entering it; if otherwise, all that is required of us is to return the key to those who have built and offered it for our use.”

It was observed in the convention, that the Federal convention had exceeded the powers given to them by the several legislatures; but Mr. Wilson observed, that however foreign the question was to the present business, he would place it in its proper light. The Federal convention did not act at all upon the powers given to them by the States, but they proceeded upon original principles, and having framed a constitution which they thought would promote the happiness of their country, they have submitted it to their consideration, who may either adopt or reject it, as they please.

Yesterday afternoon, in the convention of this State, it was moved by Mr. M’Kean, seconded by Mr. Chambers, that this convention do now proceed to consider the proposed constitution by articles.

After some debate it was moved by Mr. R. Whitehill, seconded by Mr. Lincoln, that the aforesaid motion be postponed in order to introduce the following, viz.–That this convention resolve itself into a committee of the whole, for the purpose of investigating and considering the aforesaid constitution by articles and sections, and to make report thereon.

A debate of considerable length now took place, which turned principally on the expediency of resolving the convention into a committee of the whole. In favor of this measure it was urged, that it would subject the constitution to a more free and candid discussion-that it would allow more time for the members to make up their minds–and that it would be more consonant to the practice of the Legislature of Pennsylvania. Against the motion was urged that by going into a committee of the whole, no minutes could be taken of the proceedings, and that the people at large would thereby be kept in ignorance of them–that as full liberty was given to each to speak as often as he pleased, there would be the same time given for deliberation in convention as in the committee–that the practice of the Assembly of Pennsylvania was no precedent for the convention–that this was a body without a precedent in the history of mankind–and that as the whole constitution was a single proposition, and that proposition alone before the convention, it was unnecessary to go into a committee, especially as no question could be taken upon any part of the constitution, nor any additions made to it, agreeably to the recommendation of the Assembly under which the convention sat; although objections to every part of it might be made before the question of ratification was proposed.

The question being at length put, Mr. Whitehill’s motion for postponement was lost, the yeas and nays being as follows:

YEAS–John Whitehill, John Harris, John Reynolds, Robert Whitehill, Jonathan Hoge, Nicholas Lutz, John Ludwig, Abraham Lincoln, John Bishop, Joseph Hiester, James Martin, Joseph Powell, William Findley, John Baird, John Smilie, Richard Bard, William Brown, Adam Orth, John Andre Hannah, William Todd, James Marshall, James Edgar, Thomas Scott, Nathaniel Breading,–24.

NAYS–Sebastian Graff, John Hubley, Jasper Yeates, Henry Sagle, Thomas Campbell, Thomas Hartley, David Grier, John Black, Benjamin Pedan, John Arndt, Stephen Balliet, Joseph Horsfield, David Deshler, William Wilson, John Boyd, John Neville, John Allison, Jonathan Roberts, John Richards, F. A. Muhlenberg, James Morris, Timothy Pickering, George Latimer, Benjamin Rush, Hilary Baker, James Wilson, Thomas M’Kean, William Macpherson, John Hunn, George Gray, Thomas M’Kean, William Macpherson, John Hunn, Thomas Yardley, Abraham Stout, Thomas Bull, Anthony Wayne, William Gibbons, Richard Downing, Thomas Cheyney, John Hannum, Stephen Chambers, Robert Coleman,–44

The question on Mr. M’Kean’s the motion adopted.

The speakers in favor of the motion for a committee were Mr. Findley, Mr. Smilie and Mr. Whitehill. The speakers against it were Mr. M’Kean, Mr. Wilson, Dr. Rush and Mr. Chambers.