Convention of 1787: May 28, 1787 Day 2; Setting the Rules of Debate.

Day 2; Monday May 28, 1787 would be largely uneventful as additional delegates would arrive, most of the rules of the Convention being agreed to, some more rules are proposed, and the Convention receives word from Rhode Island that they would not being sending any delegates to the Convention.

James Madison¹ notes the arrival of Nine more delegates, bringing the total now to 10 States being represented by a total of 38 delegates.

Massachusetts- Nathaniel Gorham and Caleb Strong
Connecticut- Oliver Ellsworth
Delaware- Gunning Bedford
Maryland- James McHenry
Pennsylvania- Benjamin Franklin, George Clymer, Thomas Mifflin, and Jared Ingersoll

George Wythe (Virginia) introduced the proposed rules from the committee. Rufus King (Massachusetts) opposed the rule authoring any member to call for the yea and nay votes. He feels that the acts of the Convention were not to bind the constituents, and it was unnecessary and improper to keep evidence of the votes, as opinions would frequently change. George Mason (Virginia) agreed and seconded the motion. This rule was rejected nem. con. (no one contradicting, unanimous)².

The following rules were than agreed to by the Convention.

RULES.

“A House to do business shall consist of the deputies of not less than seven states; and all questions shall be decided by the greater number of these which shall be fully represented. But a less number than seven may adjourn from day to day.
“Immediately after the president shall have taken the chair, and the members their seats, the minutes of the preceding day shall be read by the secretary.
“Every member, rising to speak, shall address the president; and, whilst he shall be speaking, none shall pass between them, or hold discourse with another, or read a book, pamphlet, or paper, printed or manuscript. And of two members rising to speak at the same time, the president shall name him who shall be first heard.
“A member shall not speak oftener than twice, without special leave, upon the same question; and not the second time, before every other who had been silent shall have been heard, if he choose to speak upon the subject.
“A motion, made and seconded, shall be repeated, and, if written, as it shall be when any member shall so require, read aloud, by the secretary, before it shall be debated; and may be withdrawn at any time before the vote upon it shall have been declared.
“Orders of the day shall be read next after the minutes; and either discussed or postponed, before any other business shall be introduced.
“When a debate shall arise upon a question, no motion, other than to amend the question, to commit it, or to postpone the debate, shall be received.
“A question which is complicated shall, at the request of any member, be divided, and put separately upon the propositions of which it is compounded.
“The determination of a question, although fully debated, shall be postponed, if the deputies of any state desire it, until the next day.
“A writing, which contains any matter brought on to be considered, shall be read once throughout, for information; then by paragraphs, to be debated; and again, with the amendments, if any, made on the second reading; and afterwards the question shall be put upon the whole, amended, or approved in its original form, as the case shall be.
“Committees shall be appointed by ballot; and the members who have the greatest number of ballots, although not a majority of the votes present, shall be the committee. When two or more members have an equal number of votes, the member standing first on the list, in the order of taking down the ballots, shall be preferred.
“A member may be called to order by any other member, as well as by the president, and may be allowed to explain his conduct, or expressions, supposed to be reprehensible. And all questions of order shall be decided by the president, without appeal or debate.
“Upon a question to adjourn, for the day, which may be made at any time, if it be seconded, the question shall be put without a debate.
“When the House shall adjourn, every member shall stand in his place until the president pass him.”

These rules set the ground rules for how the debate would proceed in the Convention. As what was required to start the Convention in a meaningful way, Seven states must be represented for a quorum to conduct business, and the President is to be respected in various prescribed methods. When and how often members may speak, and how questions(proposals) can be altered are set, the appointment of committees, and the calling of order are all part of the debate rules. The voting on a question may be delayed one day by any member, and all proposals will be read aloud prior to debate and repeated if amendments are made from the original prior to voting.

Pierce Butler (South Carolina) proposes a couple additional rules, regarding continuing business in the absence of members, and the unauthorized publication of the proceedings in the Convention. This was seconded by Richard Spaight (North Carolina) and also requested the ability to revisit previously voted on subjects. These rules were referred to the committee for consideration.

Also this day, the Convention received a letter from, “Several Gentlemen of Rhode Island to the Chairman of the General Convention”³ merchantmen and others from around the State dated May 11, 1787. The letter was informing the Convention that Rhode Island would not be sending delegates to the Convention, that the Upper House did not agree to it. But the letter did pass on several desires of the Convention.

It is the general Opinion here and we believe of the well informed throughout this State, that full power for the Regulation of the Commerce of the United States, both Foreign & Domestick ought to be vested in the National Council.

As the Object of this Letter is chiefly to prevent any impressions unfavorable to the Commercial Interest of this State, from taking place in our Sister States from the Circumstance of our being unrepresented in the present National Convention, we shall not presume to enter into any detail of the objects we hope your deliberations will embrace and provide for being convinced they will be such as have a tendency to strengthen the Union, promote Commerce, increase the power & Establish the Credit of the United States.

This letter was probably carried by Oliver Ellsworth of Connecticut or Nathaniel Gorham and Caleb Strong of Massachusetts who arrived to the Convention this day. Since one the most significant concerns, in the United States was commerce and addressing commerce was the reason the Annapolis Convention was called for, the merchantmen of Rhode Island addressed their desire for this to be corrected, by placing the power in the National Council (which was the Congress Assembled under the Articles of Confederation). They wished to show even though they would not be represented in the Convention, they wished their interest were also taken into consideration, and her neighboring States would not take advantage of Rhode Island not being represented. It is worth noting, their concerns are not without just cause, since many States had engaged in trade wars with one another, and had placed tariffs and high duties on goods from other States under the Articles of Confederation. The merchantman would not go into detail into the how commerce may be promoted, or presume any of the deliberations on what may take place, but simply wished to show though not represented, they had a vested interest in any outcome regardless.