The engrossed Constitution having been read to the Convention, Benjamin Franklin rose with a prepared speech in hand, which was read, at Franklin’s request, by James Wilson. Addressing himself to the President of the Convention, George Washington, he began, “I confess that there are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. For having lived long, I have experienced many instances of being obliged by better information or fuller information, to change opinions even on important subjects, which I once thought right, but found to be otherwise.”
“Sir, I agree to this Constitution with all its faults, if they are such,” he continued, “because I think a general government necessary for us…It astonishes me to find this system approaching so near to perfection as it does. Thus, I consent, Sir, to this Constitution because I expect no better, and because I am not sure that it is not the best…The opinions I have had of its errors, I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our constituents were to report the objections he has had to it, and endeavor to gain partisans in support of them, we might prevent its being generally received…I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution.”
“On the whole, Sir, I cannot help expressing a wish that every member of the Convention who may still have objection to it, would with me, on this occasion doubt a little of his own infallibility – and to make manifest our unanimity, put his name to this instrument.” Franklin then moved that the Constitution be signed by the members in this form: “Done in Convention, by the unanimous consent of the States present the 17th of Sept. In witness whereof we have hereunto subscribed our names.” This had actually been drawn up by Gouverneur Morris and given to Franklin “that it might have the better chance of success.”
In a surprise move, Nathaniel Gorham proposed, “if it was not too late, to lessen objections to the Constitution” by lowering from 40,000 to 30,000 the number of citizens each Representative in the House will represent. Then, “for the purpose of putting the question,” Washington rose from his seat on the dais, his formidable presence filling the room. “My situation has hitherto restrained me from offering my sentiments on questions pending in the House,” he said, but now “it is much to be desired that the objections to the plan recommended might be as few as possible, and late as the present moment is for admitting amendments, I believe this of so much consequence that it would give much satisfaction to see it adopted.” It was agreed to unanimously, without debate or question.
Edmund Randolph then took the floor to explain once again why he would not sign, but his refusal did not mean that “he should oppose the Constitution without doors. He meant only to keep his himself free” – to keep open his options. Gouverneur Morris declared that “he too had objections, but considering the present plan as the best that was to be attained, he should take it with all its faults…The great question will be, shall there be a national government or not? And this must take place, or a general anarchy will be the alternative.”
Other delegates expressed their support for the Constitution and Franklin spoke for a second time, concerned that Randolph had taken personally his earlier remarks. He explained “that when drawing up that paper he did not know that any particular member would refuse to sign his name.” He “professed a high sense of obligation to Mr. Randolph for having brought forward the plan in the first instance” and encouraged him once again to “lay aside his objections and, by concurring with his brethren, prevent the great mischief which the refusal of his name might produce.” Nevertheless, Randolph would not yield, even if it “might be the most awful decision of his life…It was dictated by his conscience.”
Elbridge Gerry “described the painful feelings of his situation” in expressing his “fears that a civil war may result from the present crisis of the United States,” citing ominous signs in his own State of Massachusetts. “While the plan was pending, he had treated it with all the freedom he thought it deserved,” but now “he could not, by signing the Constitution, pledge himself to abide by it at all events.” As for Dr. Franklin’s remarks, he grumbled, “he could not but view them as levelled at himself and the other gentlemen who meant not to sign.”
Both Randolph and Gerry had noted in their remarks that the mode of signing, that is “by the States” as proposed by Franklin, would make no difference in their decision. General Pinckney agreed, acknowledging that “we are not likely to gain many converts by the ambiguity of the proposed form of signing.” However, he “will sign the Constitution with a view to support it with all his influence, and wished to pledge himself accordingly.”
Franklin’s motion that the Constitution be signed under the words “Done in Convention, by the unanimous consent of the States…” passed with ten States voting “aye” and South Carolina divided – General Pinckney and Pierce Butler disapproving of the equivocal form of signing.
Rufus King proposed that the Convention’s Journal should be either destroyed or placed in the custody of the President. If they were to be made public, he warned, “a bad use would be made of it by those who would wish to prevent the adoption of the Constitution.” James Wilson earlier thought they should be destroyed, but now believes the President should hold them. Otherwise, if false allegations should be made, it would be impossible to contradict them. By a vote of 10 – 1 the Convention agreed to “deposit the Journals and other papers of the Convention in the hands of the President.” Massachusetts voted “no” because the instructions to the delegates of that State required them to report to the State the proceedings of the Convention. It was agreed that Washington should “retain the Journal and other papers, subject to the order of Congress, if ever formed under the Constitution.”