On Wednesday, several delegates complained of the tediousness of the work in which they are engaged while their letters home report they are likely to remain in Philadelphia for another month. Tempers and patience were short, undoubtedly aggravated by the heat wave and high humidity that saps everyone’s energy and makes even short walks almost unbearable. To everyone’s relief, the temperature dropped yesterday as cooling breezes flowed through the city.
The delegates are not alone in their restlessness. The Chief Justice of Pennsylvania, Thomas McKean, and other leading dignitaries of Pennsylvania and Philadelphia have, of courtesy and respect, hosted dinners and other gatherings for many of the delegates since their arrival beginning in late May. However, last evening McKean wrote to his friend, William Atlee, advising him that “the Convention is still sitting; nothing transpires,” but “I am tired feasting with them. Some say they will continue together about two more weeks, other say two months.” The rule of secrecy governing the Convention’s proceedings has kept even leaders such as McKean uninformed about its progress, but he is ready for it to end.
As a member of the Second Continental Congress, McKean was the delegate representing Delaware who had hired an express rider with an emergency message summoning Caesar Rodney to Philadelphia to cast the deciding vote for independence on July 2, 1776. McKean was the eighth president of the Continental Congress when the British surrendered at Yorktown, the final battle of the Revolutionary War, and the only member of Congress to represent one State in Congress (Delaware), while presiding as Chief Justice of another State (Pennsylvania) at the same time.
McKean and his friend James Wilson, representing Pennsylvania at the Convention, share similar views on politics and the law. Later, on December 12, 1787, Pennsylvania will become the second State to ratify the new Constitution and two of its strongest advocates, James Wilson and Thomas McKean, will both be burned in effigy for their stand for unity and a strong national government .
Today, the Convention took up where it left off yesterday, deliberating Article VII, Sect. 1 of the report of the Committee of Detail listing the proposed powers of the national legislature. In short order, with virtually no debate, the Convention deleted Congress’s authority to appoint the national treasurer and approved its power to “constitute inferior [judicial] tribunals.” With technical amendments added and no dissent, Congress is empowered to “define and punish piracies and felonies committed on the high seas, counterfeiting the securities and current coin of the United States, and offenses against the law of nations.”
The powers of Congress “to subdue a rebellion in any State, on the application of its legislature” and “to make war” provoked robust debates. Charles Pinckney moved to strike “on the application of the legislature.” Predictably, Luther Martin objected. “The consent of the State ought to precede the introduction of any extraneous force whatever.” Elbridge Gerry backed him up, opposed to “letting loose the myrmidons of the United States on a State without its own consent.” As a representative of Massachusetts, Gerry is intimately aware of the circumstances surrounding Shay’s Rebellion which shook the State from last August until February of this year. He is convinced that “more blood would have been spilled in the late insurrection if the general authority had intermeddled.”
Gouverneur Morris suggested the delegates are “acting a very strange part. We first form a strong man to protect us, and at the same time wish to tie his hands behind him. The legislature may surely be trusted with such a power to preserve the public tranquility.” Attempts to amend the proposal permitting the national legislature to subdue rebellions in the States were successful, but not the proposition itself. It was rejected 4 – 4, with two States absent.
Should Congress have the power “to make war?” Charles Pinckney believes the power should rest only with the Senate. The House is too large, making decision-making too slow for such an urgent and important issue. The Senate is not only smaller, but “more acquainted with foreign affairs.” Moreover, the States are equally represented in the Senate, so there would be no advantage to the large States over the small ones. Pierce Butler is for vesting the power solely in the President. He “will not be able to make war unless the nation is behind it,” Butler opined.
Madison and Gerry moved to delete “make” war and insert “declare” war. Roger Sherman supported the change, then added, “The executive should be able to repel and not to commence war.” Gerry was aghast at the entire proposition, “never expecting to hear in a republic a notion to empower the executive alone to declare war.” At that point, Oliver Ellsworth made an important distinction “between the cases of making war, and making peace. It should be more easy to get out of war, than into it,” he asserted. “War is a simple and overt declaration; peace attended with intricate and secret negotiations.”
On the motion to insert “declare” in the place of to “make” war, seven States voted “yes,” two vote “no,” and two were absent. Pinckney’s motion to strike the entire clause was defeated so overwhelmingly there was no “call of the States.”
Just before adjournment, Pierce Butler made a most curious proposal – “to give the legislature power of peace, as they are to have that of war.” Gerry seconded the motion but the concept of “making peace” was not even considered. Butler’s motion was defeated 0 – 10.
With only four enumerated powers remaining to be considered, it is expected that tomorrow the Convention can move on to consideration of Article VIII of the Committee’s report.