With Delaware’s ratification of the Constitution on December 7, Pennsylvania lost its historic opportunity to have been the first. Frustrated by the lengthy, repetitive debate in the Pennsylvania ratifying convention and further agitated by Delaware’s beating them to ratification, Thomas McKean announced his intention to call for the final vote on Wednesday, December 12. He followed his announcement with yet another protracted and “elaborate investigation of the leading objections made to the proposed constitution,” followed by “a loud and general tribute of applause expressed by the citizens in the gallery.”
John Smilie could not resist minimizing their enthusiasm. Denouncing it as “a party in the gallery prepared to clap and huzza in affirmance of the speeches” of the Federalists, he admonished them to “remember that this is not the voice of the people of Pennsylvania.” Had the ratifying convention “assembled at another place, the sound would be of a different nature, for the sentiments of the citizens are different indeed.” In a dramatic peroration, Smilie concluded, adding that “were the gallery filled with bayonets, such appearance of violence would not intimidate me, or those who act with me, in the conscientious discharge of a public duty.” McKean wryly noted that “the worthy gentleman seemed mighty angry merely because somebody was pleased.”
This seemingly innocuous exchange reflected not only the intense division between advocates and opponents of the Constitution but also what observers already knew – the Federalists had the votes; Pennsylvania would ratify the Constitution; and there was little the opposition could do to prevent it.
On Tuesday, December 11, James Wilson made his last appeal, speaking for nearly the entire day and into the evening. Reciting now familiar defenses of the Constitution, he closed by launching into an eloquent disquisition about the advantages of “becoming a NATION.” At present, he asked, “Can we perform a single national act? Can we do anything to procure us dignity, or to preserve peace and tranquility? Can we relieve the distress of our citizens? Can we provide for their welfare or happiness? “
“The powers of our government are mere sound,” he declared. The nation cannot make treaties, borrow money, raise an army to defend itself and its people, protect the seacoast or lands beyond the Appalachian mountains, or make internal improvements. The Constitution, he implored, “will at least make us a nation, and put it in the power of the Union to act as such.”
Envisioning a glorious future, Wilson mused, “As we shall become a nation, I trust that we shall also form a national character; and that this character will be adapted to the principles and genius of our system of government: as yet we possess none – our language, manners, customs, habits and dress, depend too much on those of other countries. Every nation in these respects should possess originality. There are not on any part of the globe finer qualities, for forming a national character, than those possessed by the children of America. Activity, perseverance, industry, laudable emulation, docility in acquiring information, firmness in adversity, and patience and magnanimity under the greatest hardships; from these materials, what a respectable national character may be raised!”
Wednesday, December 12, the final vote on the Constitution by the Pennsylvania ratifying convention took place. The result was an expected vote of 46 ayes and 23 nays, the same as nearly every other vote taken during the convention. The debate had not caused any delegate to change his opinion from that with which he had entered the fray. Nevertheless, opponents of the Constitution were not finished, even in the face of sure defeat. In the afternoon, Smilie and William Findley closed their arguments. They were followed by Robert Whitehill who “presented several petitions from 750 inhabitants of Cumberland county, praying for the reasons therein specified, that the proposed Constitution should not be adopted without amendments, and particularly, without a bill of rights.”
Whitehill then presented fifteen articles which, he suggested, might be considered individually or separately. In summary, they provided that 1) the rights of conscience shall not be violated; 2) juries should be guaranteed in civil trials; 3) in criminal trials, a man must have the rights to demand the cause and nature of his accusation, be heard by himself or counsel, be confronted by accusers and witnesses, have a speedy trial, and an impartial jury; 4) excessive bail or cruel and unusual punishments should not be imposed; 5) warrants should not be grievous or oppressive; 6) free speech, writing, publishing, and freedom of the press shall be guaranteed; 7) the people have the right to bear arms for defense and hunting; 8) the liberty of people to hunt and fish on lands they hold and other lands not enclosed should be protected; 9) the States shall not be restrained from enacting laws imposing taxes (except for imposts and duties on imported and exported goods; 10) the number of members in the House of Representatives should be increased; 11) the States should retain power over the militia; 12) a council should be appointed to assist and advise the President and judges should be made completely independent; 13) restrictions should be made on treaties so they may not be in opposition to existing federal law or contradict the Constitution; 14) the jurisdiction of the Supreme Court should be defined differently; and 15) “the sovereignty, freedom and independency of the several States shall be retained, and every power, jurisdiction and right which is not by this constitution expressly delegated to the United States in Congress assembled.”
Whitehill’s motion to adjourn the convention to another date in order to consider these proposals was defeated by a predictable vote of 23 ayes to 43 noes. “The great and conclusive question was then taken.” The vote, 46 to 23, was recorded. The next day, “the convention and a procession of dignitaries proceeded to the Court House, where the ratification was read to a great gathering of the people. Thirteen cannon were then fired and the bells were rung on this joyful occasion.” At three o’clock, the convention “met and dined with the members of the Supreme Executive Council, several members of Congress and a number of citizens” at Mr. Epple’s tavern where more than a dozen toasts were given.
In time, Smilie, Findley and Whitehill will all serve as members of the House of Representatives under the new Constitution. Whitehill’s determined effort to secure a bill of rights ignited a movement across the nation and will result in the first ten amendments to the Constitution to be added in 1791. Known as the Bill of Rights, they contain nearly all of the proposals presented by Whitehill on December 12, 1787.