August 28, 1787: Slogging On

James McHenry by H. Pollock

US Army, https://history.army.mil/books/sw-sa/McHenry.htm

"It is extremely distressing to me to be under the necessity to remain a day longer in this place, where I find no enjoyments whatever and am even without the satisfaction of knowing that what I am assisting in will meet with the approbation of those who sent me hither."

--Jame McHenry to his wife, Peggy

Tuesday, August 28, 1787: The Convention Today

The Convention continued to analyze the sections of the draft Constitution related to the judicial branch.

Gouverneur Morris (PA) moved that “The privilege of the writ of Habeas Corpus [the right of prisoners to protest in court an unjust detention] shall not be suspended, unless where, in cases of rebellion or invasion, the public safety may require it.” Wilson (PA) and Rutledge (SC) didn’t like the possibility of suspending such an important right. The first half of G. Morris’s proposed clause (up to the word “unless”) passed unanimously. The second half passed 7–3, with the Carolinas and Georgia opposed.

The Convention moved on to pass Article XII of the draft Constitution, which prohibited state coinage, state issued letters of marque, state treaties, and state letters of nobility.

King (MA) moved to prevent the states from interfering in private contracts. Sherman (CT), Wilson, and Madison (VA) agreed; G. Morris and Mason (VA) thought this was going too far. Rutledge moved instead to prohibit bills of attainder (laws declaring a group of people or one person guilty without due process) and ex post facto laws (laws penalizing behavior that was legal at the time it was committed) at all levels of government. This passed 7–3, Connecticut, Maryland, and Virginia opposed.

Next came Article XIII limiting the powers of the states regarding trade, finance, and war. After debate and amendment, the article was agreed to.

Article XIV stated that “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.” Charles Cotesworth Pinckney (SC) expressed dissatisfaction that this article did not make explicit that enslaved Americans would not enjoy these rights. The article passed 9–1–1: South Carolina “no,” Georgia divided.

Article XV required that states extradite fleeing criminals back to the jurisdiction they had absconded from. Butler (SC) and Charles Pinckney (SC) moved to add to this article that “fugitive slaves and servants... be delivered up like criminals.” Wilson objected that this would require states to apprehend freedom seekers “at the public expense.” Sherman said he “saw no more propriety in the public seizing and surrendering a slave or servant than a horse.” Butler “withdrew his proposition, in order that some particular provision might be made, apart from this article.”

Synopsis

• The Convention made rapid progress through what likely felt like drudge work.
• Several important trial rights were guaranteed to the American people via amendments to the draft Constitution.
• Delegates from South Carolina made motions to protect the interests of enslavers.

Delegates Today

• Sherman (CT) wrote to Colonel Wadsworth in Hartford, saying that the proceedings were still secret, but he would inform Wadsworth when he had the freedom to do so.
• Hamilton (NY) wrote to King (MA). Having left Philadelphia again, he wished to be informed if the Convention were close to conclusion so that he could return “for certain reasons.” Since the other New York delegates refused to return, and since one delegate was not permitted to represent the state by himself, Hamilton’s presence at the Convention was largely useless. Perhaps he wanted to return to influence the final steps in the process with his voice instead of his vote or simply to ensure that he signed the completed document.

Philadelphia Today

• Today was rainy and not as cool as yesterday.