This morning, before the Convention convened for its 11:00 session, George Washington “set for Mr. Pine who wanted to correct his portrait of me.” Robert Edge Pine is an American artist, born in London. In the 1760’s he was one of the leading portrait painters in England, having painted portraits for George II, the Duke of Cumberland, the famous actor David Garrick, and other notables. In addition to receiving numerous awards, he was elected first president of the Royal Academy of London but his support for the American Revolution led the Academy to reject his exhibitions.

Three years ago, Pine moved to America, settled in Philadelphia, and built a successful clientele, creating portraits of Washington, Benjamin Franklin, John Jay, and other leading statesmen and painting historical scenes of the Revolutionary War. Portraiture is the most popular art genre in Great Britain, regarded as a way to convey status and wealth as well as memorializing families, people, and events. The custom has been adopted in America.

As soon as Washington called the Convention to order, Oliver Ellsworth moved that each State be equally represented in the second branch of the national government. The same proposition had been defeated 5 – 6 on June 11 but the small States are not ready to concede. The vote was immediate and disappointing, leaving the Convention in a stalemate: 5 – 5 – 1. But the circumstances surrounding the vote are baffling. 

As expected, Luther Martin voted for the motion but was the only Maryland delegate in attendance. Maryland’s other delegate, Daniel of St. Thomas Jennifer, arrived late and missed the vote. He would have voted “no” and Maryland would have been “divided.”

Then came the surprise vote of Georgia’s Abraham Baldwin. Convention rules require that States be called in order from north to south when votes are counted. Massachusetts votes first, followed by Connecticut, New York, and so on until the roll call reaches Georgia, the southernmost State. As the voting proceeded, there were no variations from the June 11 vote. Connecticut, New York, New Jersey, Delaware, and Maryland voted “yes.” Massachusetts, Pennsylvania, Virginia and both Carolinas voted “no.” It was expected that Georgia would vote “no” as it has done before, aligning with the large States.

However, circumstances have changed. Yesterday William Pierce and William Few returned to New York to attend Congress, leaving only Baldwin and William Houstoun. Baldwin moved to Georgia only three years ago but had been born and raised in Connecticut, perhaps providing him with a broader perspective.  Whatever Baldwin’s motivation, he voted “yes,” siding with Ellsworth and the small States. Predictably, Houstoun voted “no,” leaving Georgia divided. The motion failed for lack of a majority, but if Baldwin had voted “no,” the motion would have failed 5 – 6, a clear victory for the large States. Baldwin’s move may have deadlocked the Convention, but it prevented the large States from winning the vote and the small States from leaving the Convention. 

Adding to the drama was Jennifer’s late entrance. Luther Martin’s personal notes record that “immediately after the question had been taken and the President had declared the votes, Mr. Jennifer came into the Convention.” Suddenly, Rufus King seized the opportunity for another vote. Jennifer would cancel Martin’s vote, giving a 4 – 5 – 2 victory for proportional representation. King “requested of the President that the question might be put again.” The decision was Washington’s. His answer could change everything.  History will later tell us that Luther Martin himself admitted “we were on the verge of dissolution, scarce held together by the strength of a hair.” Washington ruled against a second vote. The vote stood at 5 – 5 – 1.

Clearly, the Convention is at an impasse. It is drifting. Its direction is uncertain. Then Gen. Pinckney rose. “Some compromise seems to be necessary,” he said. Perhaps a “committee consisting of a member from each State should be appointed to devise and report some compromise.” Martin did not object to such a committee but declared defiantly that “no modifications whatever could reconcile the smaller States to the least diminution of their equal sovereignty.”  Roger Sherman, much more diplomatic, observed that “we are now at a full stop, and nobody, he supposed, meant we should break up without doing something.”

 Before the vote, Gouverneur Morris stood. He has just returned from New York, having left the Convention several days after it began meeting in late May. Missing most of the debates, he was eager to share his views on a variety of issues. After a lengthy discourse on issues which were thoroughly vetted in his absence, he closed, saying “he meant only to hint these observations, without grounding any motion on them.” 

Both James Wilson and James Madison opposed creating a committee, having “rarely seen any other effect than delay from such committees.” Hugh Williamson and Elbridge Gerry disagreed. “If we do not concede on both sides,” Williamson cautioned, “our business must soon be at an end.” Echoing Williamson, Gerry warned, “something must be done, or we shall disappoint not only America, but the whole world.” Only Pennsylvania was opposed.

The Convention immediately elected members of the committee, then “adjourned till Thursday,” that “time might be given to the Committee and to such as choose to attend the celebrations on the anniversary of Independence.”