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ention to ensure that national law would take precedence over inconsistent state laws 133 172 these changes set the final balance between the national and state governments that would be entered into the final document as the convention never challenged this dual sovereignty between nation and state that had been fashioned by rutledge and wilson 133 172 another set of radical changes introduced by the committee of detail proved far more contentious when the committee s report was presented to the convention on the day the convention had agreed to appoint the committee southerner charles cotesworth pinckney of south carolina had warned of dire consequences should the committee fail to include protections for slavery in the southern states or allow for taxing of southern agricultural exports 139 133 173 in response to pinckney and his fellow southern delegates the committee had included three provisions that explicitly restricted the congress s authority in ways favorable to southern interests the proposed language would bar the congress from ever interfering with the slave trade it would also prohibit taxation of exports and would require that any legislation concerning regulation of foreign commerce through tariffs or quotas that is any laws akin to england s navigation acts pass only with two thirds majorities of both houses of congress while much of the rest of the committee s report would be accepted without serious challenge on the convention floor these last three proposals provoked outrage from northern delegates and slavery opponents 140 133 173 74 the final report of the committee which became the first draft of the constitution was the first workable constitutional plan as madison s virginia plan had simply been an outline of goals and a broad structure even after it issued this report the committee continued to meet off and on until early september further modifications and concluding debate edit another month of discussion and relatively minor refinement followed during which several attempts were made to alter the rutledge draft though few were successful some wanted to add property qualifications for people to hold office while others wanted to prevent the national government from issuing paper money 133 187 madison in particular wanted to push the constitution back in the direction of his virginia plan one important change that did make it into the final version included the agreement between northern and southern delegates to empower congress to end the slave trade starting in 1808 southern and northern delegates also agreed to strengthen the fugitive slave clause in exchange for removing a requirement that two thirds of congress agree on navigation acts regulations of commerce between states and foreign governments the two thirds requirement was favored by southern delegates who thought congress might pass navigation acts that would be economically harmful to slaveholders 133 196 once the convention had finished amending the first draft from the committee of detail a new set of unresolved questions were sent to several different committees for resolution the committee of detail was considering several questions related to habeas corpus freedom of the press and an executive council to advise the president two committees addressed questions related to the slave trade and the assumption of war debts a new committee was created the committee on postponed parts to address other questions that had been postponed its members such as madison were delegates who had shown a greater desire for compromise and were chosen for this reason as most in the convention wanted to finish their work and go home 133 207 the committee dealt with questions related to the taxes war making patents and copyrights relations with indigenous tribes and franklin s compromise to require money bills to originate in the house the biggest issue they addressed was the presidency and the final compromise was written by madison with the committee s input 133 209 they adopted wilson s earlier plan for choosing the president by an electoral college and settled on the method of choosing the president if no candidate had an electoral college majority which many such as madison thought would be nineteen times out of twenty the committee also shortened the president s term from seven years to four years freed the president to seek re election after an initial term and moved impeachment trials from the courts to the senate they also created the office of the vice president whose only roles were to succeed a president unable to complete a term of office to preside over the senate and to cast tie breaking votes in the senate the committee transferred important powers from the senate to the president for example the power to make treaties and appoint ambassadors 133 212 one controversial issue throughout much of the convention had been the length of the president s term and whether the president was to be term limited the problem had resulted from the understanding that the president would be chosen by congress the decision to have the president be chosen instead by an electoral college reduced the chance of the president becoming beholden to congress so a shorter term with eligibility for re election became a viable option near the end of the convention gerry randolph and mason emerged as the main force of opposition their fears were increased as the convention moved from madison s vague virginia plan to the concrete plan of rutledge s committee of detail 133 235 some have argued that randolph s attacks on the constitution were motivated by political ambition in particular his anticipation of possibly facing rival patrick henry in a future election the main objection of the three was the compromise that would allow congress to pass navigation acts with a simple majority in exchange for strengthened slave provisions 133 236 among their other objections was an opposition to the office of vice president though most of their complaints did not result in changes a couple did mason succeeded in adding high crimes and misdemeanors to the impeachment clause gerry also convinced the convention to include a second method for ratification of amendments the report out of the committee of detail had included only one mechanism for constitutional amendment that required two thirds of the states to ask congress to convene a convention for consideration of amendments upon gerry s urging the convention added back the virginia plan s original method whereby congress would propose amendments that the states would then ratify 133 238 all amendments to the constitution save the twenty first amendment have been made through this latter method despite their successes these three dissenters grew increasingly unpopular as most other delegates wanted to bring the convention s business to an end and return home as the convention was drawing to a conclusion and delegates prepared to refer the constitution to the committee on style to pen the final version one delegate raised an objection over civil trials he wanted to guarantee the right to a jury trial in civil matters and mason saw in this a larger opportunity mason told the convention that the constitution should include a bill of rights which he thought could be prepared in a few hours gerry agreed though the rest of the committee overruled them they wanted to go home and thought this was nothing more than another delaying tactic 133 241 few at the time realized how important the issue would become with the absence of a bill of rights becoming the main argument of the anti federalists against ratification most of the convention s delegates thought that states already protected individual rights and that the constitution did not authorize the national government to take away rights so there was no need to include protections of rights once the convention moved beyond this point the delegates addressed a couple of last minute issues importantly they modified the language that required spending bills to originate in the house of representatives and be flatly accepted or rejected unmodified by the senate the new language empowered the senate to modify spending bills proposed by the house 133 243 drafting and signing edit further information signing of the united states constitution scene at the signing of the constitution of the united states by howard chandler christy 1940 delegates at the signing of the constitution depicted in a commemorative postage stamp issued in 1937 modeled after a painting by junius brutus stearns 141 the syng inkstand used by delegates to sign the constitution was also used during the signing of the declaration of independence once the final modifications were made the committee of style and arrangement was appointed to revise the style of and arrange the articles which had been agreed to by the house unlike other committees whose members were chosen to represent different regions this final committee was chosen by ballot of the entire convention and lacked champions of the small states 142 its members mostly supported a strong national government and were unsympathetic to calls for states rights 133 229 30 they were william samuel johnson connecticut alexander hamilton new york gouverneur morris pennsylvania james madison virginia and rufus king massachusetts chairing the committee morris introduced the vesting clauses to emphasize that the public was empowering each of the branches 142 on wednesday september 12 the report of the committee of style was ordered printed for the convenience of the delegates for three days the convention compared this final version with the proceedings of the convention the constitution was then ordered engrossed on saturday september 15 by jacob shallus and was submitted for signing on september 17 it made at least one important change to what the convention had agreed to king wanted to prevent states from interfering in contracts although the convention never took up the matter his language was now inserted creating the contract clause 133 243 gouverneur morris is credited both now and then as the chief draftsman of the final document including the stirring preamble not all the delegates were pleased with the results thirteen left before the ceremony and three of those remaining refused to sign edmund randolph of virginia george mason of virginia and elbridge gerry of massachusetts mason demanded a bill of rights if he was to support the constitution the bill of rights was not included in the constitution submitted to the states for ratification but many states ratified the constitution with the understanding that a bill of rights would soon follow 143 shortly before the document was to be signed gorham proposed to lower the size of congressional districts from 40 000 to 30 000 citizens a similar measure had been proposed earlier and failed by one vote george washington spoke up here making his only substantive contribution to the text of the constitution in supporting this move the convention adopted it without further debate gorham would sign the document although he had openly doubted whether the united states would remain a single unified nation for more than 150 years 133 112 ultimately 39 of the 55 delegates who attended 74 had been chosen from 12 states ended up signing but it is likely that none were completely satisfied their views were summed up by benjamin franklin who said 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 i doubt too whether any other convention we can obtain may be able to make a better constitution it therefore astonishes me sir to find this system approaching so near to perfection as it does and i think it will astonish our enemies 144 rhode island never sent delegates and two of new york s three delegates did not stay at the convention for long therefore as george washington stated the document was executed by eleven states and colonel hamilton 133 244 washington signed the document first and then moving by state delegation from north to south as had been the custom throughout the convention the delegates filed to the front of the room to sign their names at the time the document was signed franklin gave a persuasive speech involving an anecdote on a sun that was painted on the back of washington s chippendale chair 145 as recounted in madison s notes whilst the last members were signing it doctr franklin looking towards the presidents chair at the back of which a rising sun happened to be painted observed to a few members near him that painters had found it difficult to distinguish in their art a rising from a setting sun i have said he often and often in the course of the session and the vicissitudes of my hopes and fears as to its issue looked at that behind the president without being able to tell whether it was rising or setting but now at length i have the happiness to know that it is a rising and not a setting sun 145 146 the constitution was then submitted to the states for ratification pursuant to its own article vii 147 slavery edit slavery was one of the most difficult issues confronting the delegates slavery was widespread in the states at the time of the convention 133 68 at least a third of the convention s 55 delegates owned slaves including all of the delegates from virginia and south carolina 133 68 69 slaves comprised approximately one fifth of the population of the states 148 139 and apart from northernmost new england where slavery had largely been eliminated slaves lived in all regions of the country 148 132 more than 90 of the slaves 148 132 lived in the south where approximately 1 in 3 families owned slaves in the largest and wealthiest state virginia that figure was nearly 1 in 2 families 148 135 the entire agrarian economy of the south was based on slave labor and the southern delegates to the convention were unwilling to accept any proposal that they believed would threaten the institution commerce and slave trade compromise edit quaker john dickinson argued forcefully against slavery during the convention once delaware s largest slaveholder dickinson freed all of his slaves by 1787 whether slavery was to be regulated under the new constitution was a matter of such intense conflict between the north and south that three southern states georgia and the two carolinas refused to join the union if slavery were not to be allowed delegates opposed to slavery were forced to yield in their demands that slavery be outlawed within the new nation however they continued to argue that the constitution should prohibit the states from participating in the international slave trade including in the importation of new slaves from africa and the export of slaves to other countries 149 the convention postponed making a final decision on the international slave trade until late in the deliberations because of the contentious nature of ...
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