Act II: The Connecticut Compromise
Part Two of a Constitutional Convention role-playing scheme for educators and secondary classrooms.
Scene 1: Consideration of Revised Virginia Plan
June 20, 1787 | Lansing questions legality and practicality of the Amended Plan
Revised Resolution 1 and 2: Debated the issue of a two-branch legislature.
Resolution | |
2 | Defeated (6 鈥 4 鈥 1) a motion to consider vesting the powers of legislation in a one-branch Congress. Maryland divided. Sherman argued that 鈥渢he disparity of the States in point of size 鈥 was the main point of difficulty.鈥 Following L. Martin, he argued that 鈥渆ach State like each individual had its peculiar habits, urges, and interests.鈥 But 鈥渋f the difficulty on the subject of representation can not be otherwise got over, he would agree to have two branches, and a proportional representation in one of them, provided each State had an equal voice in the other.鈥 |
June 21, 1787 | Specifics of House Representation discussed
Revised Resolution | |
2 | Resumed discussion of the National Legislature and resolved that it should have two branches (7 鈥 3 鈥 1). Maryland divided. New York, New Jersey, and Delaware voted 鈥渘o.鈥 |
3 | Reconsidered method of electing First Branch. Defeated a motion for election by State Legislatures (6 鈥 4 鈥 1). Agreed to popular election (9 鈥 1 鈥 1). Maryland divided. New Jersey voted 鈥渘o.鈥 Wilson considered 鈥渢he election of the First Branch by the people not only as the Cornerstone, but as the foundation of the fabric.鈥 |
June 22, 1787 | Specifics of House Representation discussed
Revised Resolution | |
3c | Defeated a motion to permit First House to determine its pay (7 鈥 2 鈥 2). New York and Georgia divided. New Jersey and Pennsylvania opposed. |
3d | Defeated a move to strike the National Treasury as the source of pay (5 鈥 4 鈥 2). New York and Georgia divided. |
3 | Agreed on minimum age of 25 for members of House (7 鈥 3 鈥 1). New York divided. Discussed making members ineligible for other state or national office during their own term of office plus one year after leaving office. Defeated motion to strike (4 鈥 4 鈥 3). New York, Pennsylvania, and Delaware divided. |
June 23, 1787 | Ineligibility requirements for members of Congress
Revised Resolution | |
3 | Defeated (5 鈥 5 鈥 1) a motion by Butler to provide House members adequate compensation from the National Treasury. Georgia divided. Agreed (8 鈥 2 鈥 1) to strike ineligibility of House members for other Federal Offices. Massachusetts divided. Pennsylvania and Georgia voted 鈥渘o.鈥 |
June 25, 1787 | The purpose of the Senate
Revised Resolution | |
4 | Agreed (5 鈥 5 鈥 1) to change 鈥淪econd Branch of the National Legislature鈥 to 鈥淪econd Branch of the United States Legislature.鈥 |
5 | Agreed (9 鈥 2) to election of the Second Branch by State Legislatures. Pennsylvania and Virginia voted 鈥渘o.鈥 |
4b | Agreed unanimously to minimum age of 30 for Senators. Pinckney delivers an 鈥淎merican Exceptionalism鈥 speech: 鈥渢he people of this country are not only very different from the inhabitants of any State we are acquainted with in the modern world; but I assert that their situation is distinct from either the people of Greece or Rome, or of any State we are acquainted with among the ancients.鈥 |
June 26, 1787 | Specifics of Senate Representation discussed
Revised Resolution | |
4 | Resumed discussion of Senate terms. Nine-year terms with triennial rotation defeated (8 鈥 3). Sherman鈥檚 six-year terms with biennial rotation proposal approved (7 鈥 4). Agreed (10 鈥 1) that members should 鈥渞eceive a compensation for the devotion of their time to the Public Service.鈥 South Carolina voted 鈥渘o.鈥 Disagreed (6 鈥 5) that State Treasuries should pay Senators. Discussed and agreed unanimously on eligibility for other Federal and State offices. Madison explained that the main purpose of the Senate was 鈥渢o protect the people against the transient impressions into which they themselves may be led.鈥 Madison links 鈥渓ongevity鈥 in the Senate with 鈥渓ongevity鈥 of the American System. The problem is the emergence of 鈥渁 leveling spirit鈥 and the solution is to find a 鈥渞epublican鈥 remedy. See Federalist 63 where Madison argued on behalf of 鈥渢he cool and deliberate sense of the community.鈥 Sherman presented the opposing argument: 鈥淕overnment is instituted for those who live under it鈥 Frequent elections are necessary to preserve the good behavior of rulers. Hamilton 鈥漝id not mean to enter particularly into the subject.鈥 But he did! 鈥淗e acknowledged himself not to think favorably of Republican Government; but addressed his remarks to those who did think favorably of it. In order to prevail on them to tone their Government as high as possible.鈥 |
June 27, 1787 | Resolutions 7 and 8 discussed
Revised Resolution | |
6 | Postponed |
7 | Discussed 鈥渢he right of suffrage in the first branch.鈥 |
8 | Discussed 鈥渢he right of suffrage in the second branch鈥 to be the same as the First Branch. |
Luther Martin delivered a three-hour 鈥渄esultory鈥 speech, the substance of which was 鈥渢hat an equal vote in each State was essential to the federal idea, and was founded in justice and freedom, not merely in policy.鈥 More: 鈥渢he propositions on the table were a system of slavery for 10 States.鈥
June 28, 1787 | Luther Martin resumes his 鈥榙iscourse鈥 on the role of States
Revised Resolution | |
7 | Resumed discussion on representation in the First Branch. |
8 | Resumed discussion on representation in the Second Branch. Luther Martin continued his speech from the previous day, 鈥渃ontending that the General Government ought to be formed for the States, not individuals.鈥 Madison remarks: 鈥淭his was the substance of the residue of his discourse which was delivered with much diffuseness and considerable vehemence.鈥 Franklin, disturbed by 鈥渢he small progress we have made after 4 or 5 weeks,鈥 calls for 鈥減rayers imploring the assistance of heaven.鈥 Williamson responded: 鈥渢he Convention had no funds.鈥 |
Scene 2: Contours of Compromise 鈥 Partly National, Partly Federal
June 30, 1787 | Loose talk of division and disunion
Defeated (5 鈥 2 鈥 1) resolution to ask New Hampshire to send its delegates. Pennsylvania, Delaware, and Georgia absent. Maryland divided. New York and New Jersey opposed.
Revised Resolution | |
8 | Ellsworth introduces “Connecticut Compromise Motion鈥: equal representation in Second Branch with proportional representation in First Branch. Ellsworth: 鈥淲e are razing the foundations of the building. When we need only to repair the roof.鈥 Sherman declared: 鈥渨e are now at a full stop.鈥 Madison claims that equal State representation in the Senate would infuse 鈥渕ortality鈥 into the union. Moreover, the great divide in American politics is 鈥渉aving or not having slaves鈥 rather than large and small States. Davie suggested, 鈥渨e were partly federal, partly national in our Union.鈥 |
The loose talk of division came from Gunning Bedford who was unconvinced that there was a middle way 鈥渂etween a perfect consolidation and a mere confederacy of the States.鈥
July 2, 1787 | Creation of the Gerry Committee
Tied (5 鈥 5 鈥 1) on Ellsworth鈥檚 motion giving each State one vote in Senate and proportional representation in House. Yates and Lansing voted 鈥測es.鈥 Georgia divided. Massachusetts voted no. Maryland voted yes; Jenifer was temporarily absent. Davie failed to carry North Carolina.
This day, G. Morris returns after an 18-day absence.
Revised Resolution | |
8 | Voted to commit the question (9 鈥 2). Voted to commit to committee of one member from each state (10 鈥 1). Pennsylvania voted 鈥渘o.鈥 Madison failed to carry Virginia. Gerry chaired committee made up of Gerry, Ellsworth, Yates, Patterson, Franklin, Bedford, L. Martin, Mason, Davie, Rutledge, Baldwin. Ellsworth: from the State Governments could he 鈥渄erive the greatest happiness he could expect in this life.鈥 Franklin: 鈥渂oth sides must part with some of their demands.鈥 Bedford: 鈥淭here was no middle way between a perfect consolidation and a mere confederacy of the States.鈥 Davie: 鈥渨e were partly federal, partly national in our Union.鈥 Madison reminded the delegates that 鈥渢he States were divided into different interests not by their difference of size, but by other circumstances; the most material of which resulted partly from climate, but principally from the effects of their having or not having slaves.鈥 |
鈥That time may be given to the committee, and to such as chuse to attend to the celebrations of the Anniversary of Independence,鈥 the Convention adjourned until Thursday.
July 3, 1787 | Gerry Committee met
Gerry Committee met to work on the questions of the previous day.
Scene 3: Independence Day Contemplation
July 4, 1787 | 鈥榃hen in the Course of Human Events鈥
Independence Day observed. Delegates attended Race Street Church (also known as First Reformed Church) on Fourth and Race Streets to hear annual oration on the anniversary of the Declaration of Independence given by Mr. Mitchell, a student of law. William Pierce and William Few left over the 4th of July break; they decided to return to New York and represent Georgia in the Confederation Congress.
Scene 4: The Gerry Committee Compromise Proposal Discussed
July 5, 1787 | The Compromise Proposal has three components
Received Report from the Gerry Committee: Representation in First Branch by population (1:40,000). Representation in Second Branch to give each state an equal vote. Money Bills to originate in First Branch and not subject to amendment in Second Branch.
Gerry made a principled defense of Report: 鈥淲e were neither the same nation nor different nations. We ought not therefore to pursue the one or the other of these ideas too closely.鈥
Mason said: 鈥漷here must be some accommodation.鈥
July 6, 1787 | Debating the merits of proportional representation
Gerry Committee Report: Agreed (7 鈥 3 鈥 1) to commit the question of representation of 1:40,000 in the First Branch to the Morris Committee made up of G. Morris, Gorham, Randolph, Rutledge, and King. Maryland divided. New York, New Jersey, and Delaware voted 鈥渘o.鈥 Agreed (5 鈥 3 鈥 3) to retain money bills provision. Pennsylvania, Virginia, and South Carolina voted 鈥渘o.鈥 Massachusetts, New York, and Georgia divided. Pinckney argued that 鈥渢he number of inhabitants appeared to him the only just and practicable rule鈥 of representation. Thus 鈥渂lacks ought to stand on an equality with whites.鈥 Mason 鈥漺as a friend to proportional representation in both branches; but supposed that some points must be yielded for the sake of accommodation.鈥
July 7, 1787 | Sherman reinforces case for equal representation of States in Senate
The Gerry Committee Report was discussed. The question of equal vote for each state in Second House was taken up and it was agreed (6 鈥 3 鈥 2) to retain this provision. Massachusetts and Georgia divided. Pennsylvania, Virginia, and South Carolina voted 鈥渘o.”
Gerry: 鈥漷he new Government would be partly national, partly federal.鈥
July 9, 1787 | Distributing 56 seats in the House to the 13 States
The Gerry Committee Report was reconsidered. The G. Morris five-member Committee suggested approval of the population formula (1:40,000). The second paragraph of the Gerry Committee Report was approved (9 鈥 2). New York and New Jersey voted 鈥渘o.鈥 The first paragraph was referred to an eleven-member committee (9 鈥 2). New York and North Carolina voted 鈥渘o.鈥
Gorham from the Morris Committee: 鈥淭he number of blacks and whites with some regard to supposed wealth was the general guide.鈥
July 10, 1787 | North-South, Large-Small Discussion
Received report from the Eleven Member Committee allocating 65 representatives among the 13 States for the House. Delegates Yates and Lansing from New York leave the Convention and explained their reasons to Governor Clinton of New York. King 鈥渨as fully convinced that the question concerning a difference of interests did not lie where it had hitherto been discussed, between the great and small States; but between the Southern and Eastern.鈥
July 11, 1787 | The Census and Representation
Inconclusive discussion on periodical censuses. Defeated (7 鈥 3) a motion to strike out 3/5 for the substitute Butler-Pinckney 鈥渁ll鈥 motion. G. Morris 鈥漜ould never agree to give such encouragement to the slave trade.鈥 Only Delaware, North Carolina, and South Carolina voted in favor of the Butler-Pinckney proposal to count slaves as 5/5 of a person. 鈥淢r. Mason could not agree to the motion, notwithstanding it was favorable to Virginia because it was unjust.鈥 Defeated (6 鈥 4) a motion 鈥渢o include 3/5 of the blacks.” G. Morris was compelled 鈥渢o declare himself reduced to the dilemma of doing injustice to the Southern States or to human nature, and he must therefore do it to the former.鈥 This day marked the absence of the New York delegation.
July 12, 1787 | Blacks equal to the whites in the ratio of representation?
Approved (5 鈥 4 鈥 1) a motion to have a census within 6 years of the First Congress. Defeated (7 鈥 3) a motion for succeeding censuses every 20 years. Agreed (8 鈥 2) on census every 10 years.Defeated (8 鈥 2) motion 鈥渇or rating blacks as equal to whites instead of as 3/5.鈥 Approved (6 鈥 2 鈥 2) a motion to proportion direct taxes to representation, including representation of those counted as 3/5 of a person.
July 13, 1787 | Representation in the Senate
Approved (5 鈥 4 鈥 1) a motion to proportion direct taxes to the number of representatives until the first census. Pennsylvania divided. Agreed (9 鈥 0 鈥 1) that the Legislature can regulate the number of representatives in accordance with the number of inhabitants. Delaware divided.
G. Morris and Butler[/tah-onclick] have a pointed exchange over slavery. Morris was willing to take 鈥渇riendly leave of each other鈥 rather than to bend on the 3/5 clause. Butler responds, 鈥渢he security the Southern States want is that their negroes may not be taken from them which some gentlemen within or without doors, have a very good mind to do.鈥 Confederation Congress passes Northwest Ordinance.
July 14, 1787 | Does partly national, partly federal make sense
Defeated (5 鈥 4 鈥 1) a motion to limit representation of new western states. Discussed equal vote for each State in Second House with money bills originating in First House. Madison argues against the 鈥減artly federal, partly national鈥 accommodation. Pinckney moved 鈥渢hat instead of equality of votes鈥 there should be proportional representation in the Senate. Defeated (4 鈥 6).
Scene 5: Decision Day on the Connecticut Compromise
July 16, 1787 | Connecticut Compromise accepted (5 鈥 4 鈥 1)
Agreed (5 鈥 4 鈥 1) to Gerry Committee Report: House Proportional, Senate Equal Representation for each State, and money bills originating in the First Branch and not amendable by the Second Branch. This is also known as the Connecticut Compromise. Pennsylvania, Virginia, South Carolina, and Georgia voted 鈥渘o.鈥 Massachusetts was divided. According to Randolph, if New York had been present, the vote would have been (6 鈥 4 鈥 1).
How does a 5 鈥 4 鈥 1 vote represent a compromise? Was it a 鈥渕ere compromise,鈥 or a 鈥減rincipled compromise?鈥
Revised Resolution | |
6b | Began consideration of the proposal to give Congress the authority in all cases to which the separate states are incompetent |
Scene 6: Return to the Amended Virginia Plan; Committee of Detail Created
July 17, 1787 | The Supreme Law of the Land and the Independence of the Presidency
The delegates from large States caucused to decide whether to challenge equal representation in the Senate. They decided not to challenge the compromise.
Revised Resolution | |
6b | Resumed consideration of the powers to be given Congress. Agreed (6 鈥 4) to motion to include power to legislate in all cases for the general interests of the Union and in those cases where States are separately incompetent. |
6c | Defeated (7 鈥 3) the Congressional negative of State Laws. Madison thought the Congressional negative an 鈥渆ssential鈥 part of the attempt by the Virginia Plan to control State-generated majority tyranny. L. Martin considered the negative to be 鈥渋mproper.鈥 Another 鈥渃hasm鈥 for Madison. Martin fills the chasm. Revised Resolution 6c, a motion by L. Martin to make laws and treaties supreme law of the respective States approved nem con. This is the origin of the Supremacy Clause. Began consideration of Executive. Agreed (10 鈥 0) on a single executive. Defeated (9 鈥 1) election by citizens of the United States. Defeated (8 鈥 2) election by electors appointed by State Legislature. Approved (10 鈥 0) election by Legislature. Postponed decision on seven-year term. Defeated ineligibility requirement (6 鈥 4). Defeated motion to substitute hold office 鈥渄uring good behavior鈥 rather than seven years (6- 4). Defeated motion to strike seven years (6 鈥 4). |
July 18, 1787 | Discussion of Resolutions 11-16
Revised Resolution | |
9 | Agreed to reconsider ineligibility of Executive (8 鈥 0) (New Jersey and Georgia not voting). Agreed to Executive Veto with 2/3 override. |
11 | Began consideration of Judiciary. Defeated (6 鈥 2) motion for appointment by Executive. Motion for Executive nomination and appointment on advice and consent of Second House defeated (4 鈥 4). |
12-16 | Agreed to let Legislature create inferior tribunals, nem con. Agreed 鈥渢hat the jurisdiction shall extend to all cases arising under the national laws and to such other questions as may involve the national peace and harmony,鈥 nem con. Agreed to admit new States with the consent of less than the whole of the National Legislature. Began consideration of continuing the Confederation during the transitional period. Took up Guarantee of Republican Government for States. |
July 19, 1787 | Reconsideration of the Independent Presidency
Revised Resolution | |
9 | G. Morris moved to reconsider the appointment, duration, and eligibility of the Executive. Agreed (10 鈥 0). Agreed (6 鈥 3 鈥 1) to Ellsworth鈥檚 motions to appointment of Executive by electors chosen by State Legislatures (8 鈥 2). Defeated (8 鈥 2) ineligibility for re-election. Defeated (5 鈥 3 鈥 2) 7-year term. Agreed (9 鈥 1) to 6-year term. |
July 20, 1787 | More disputation over the Independent Presidency
Revised Resolution | |
9 | Took up apportionment of electors among the States with a minimum of one and a maximum of three per State. Defeated (7 鈥 3) motion to add an elector for New Hampshire and Georgia. Agreed (6 鈥 4) to Gerry鈥檚 allocation of one to three per each State. Made Executive removable by impeachment (8 鈥 2). Franklin saw impeachment as the peaceful republican alternative to assassination under despotism. Agreed on fixed compensation, nem con. Agreed (9 鈥 1) to be paid out of National Treasury. |
July 21, 1787 | The Council of Revision revisited
Revised Resolutions | |
10, 11 | Wilson and Madison argued unsuccessfully on behalf of reinstating original Council of Revision. Rejected (4 鈥 3 鈥 2) motion to join Judiciary with Executive in the exercise of veto power (New Jersey not voting, Pennsylvania and Georgia divided). Agreed (9 鈥 0) on qualified Executive Veto. Resumed consideration of Judicial appointments. Defeated (6 鈥 3) Executive appointment unless Senate disagrees. Approved (6 鈥 3) selection by Senate alone. |
July 23, 1787 | Resolutions 17-19 debated
New Hampshire delegates John Langdon and Nicholas Gilman arrived.
Revised Resolution | |
17, 18, 19 | Agreed unanimously on requiring oaths by both National and State officials to support the Articles of Union. Began discussion of ratification. Discussion of Resolution 19 of the Amended Virginia Plan of June 13: 鈥淭he amendments which shall be offered to the Confederation by the Convention, ought at a proper time or times, after the approbation of Congress to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the People to consider and decide thereon.鈥 Defeated (7 鈥 3) motion by Ellsworth and Paterson to amend Resolution 19 to have the new Constitution referred to State Legislatures for ratification. Agreed (9 鈥 1) to referral to conventions of the people. |
9 | Agreed (7 鈥 3) to reconsider election of the Executive. Agreed to refer Revised Resolutions to a Committee of five members to be named the following day. Gen. Pinckney reminded the Convention that if the Committee should fail to insert some security to the Southern States against an emancipation of slaves, and taxes on exports, he should be bound by duty to his State to vote against their Report. It was agreed nem. con. that the committee consist of 5 members, to be appointed tomorrow. |
July 24, 1787 | Controversy over the Presidency
Chose Rutledge, Randolph, Gorham, Ellsworth, Wilson for the Committee of Detail.
Revised Resolution | |
9 | Reconsidered choice of Executive by electors. Approved (7 鈥 4) appointment by national legislature. |
July 25, 1787 | More disccusion on the Presidency
Defeated (6 鈥 5) resolution to let members have copies of the Revised Resolutions of the Virginia Plan during the break.
Revised Resolution | |
9 | Resumed discussion on election of the Executive. Madison compares and contrasts the four proposals for electing the Executive. |
July 26, 1787 | Constitutional Convention adjourns with the creation of a 5-member Committee of Detail
Revised Resolution | |
9 | Resumed discussion on election of the Executive and approved (7 鈥 3) a 7-year term with ineligibility for re-election. Agreed (6 鈥 3 鈥 1) to the whole resolution on the Executive. Wilson reminds participants 鈥淲e are providing a constitution for future generations, and not merely for the peculiar circumstances of the moment.鈥 |
Adjourned to Monday, August 6, 1787.