Constitution 101 Resources

5.1 Primary Source: Dissenters at the Constitutional Convention

This activity is part of Module 5: The Bill of Rights from the Constitution 101 Curriculum


Benjamin Franklin, Closing Speech at the Constitutional Convention (1787).
View the document on the National Constitution Center’s website here.

The Constitutional Convention ended on September 17, 1787. As the Convention was reaching its close, Benjamin Franklin rose with a speech in his hand. Franklin was the oldest Convention delegate and one of America’s most beloved leaders. Franklin handed his speech to his friend and fellow Pennsylvania delegate, James Wilson, who read it aloud to the Convention. Franklin himself admitted that the new Constitution was not perfect, but he asked his colleagues to approach the document with humility. Franklin praised the work of his fellow delegates and urged them to sign the new Constitution—asking anyone “who may still have Objections” to “on this Occasion doubt a little of his own Infallibility.” Later that day, 39 delegates signed the new Constitution. But even following Franklin’s powerful speech, George Mason, Elbridge Gerry, and Edmund Randolph refused. Together, these three dissenters were concerned that their fellow delegates had refused to write a Bill of Rights into the new Constitution and had crafted a powerful national government that was destined to seize political power, swallow up the states, and abuse the rights of the American people. The Convention’s closing days were a sneak peek of the looming battle over the ratification of the Constitution.

Excerpt:

I confess that I do not entirely approve of this Constitution at present, but Sir, I am not sure I shall never approve it: For having lived long, I have experienced many Instances of being oblig’d, by better Information or fuller Consideration, to change Opinions even on important Subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow the more apt I am to doubt my own Judgment and to pay more Respect to the Judgment of others. Most Men indeed as well as most Sects in Religion, think themselves in Possession of all Truth, and that wherever others differ from them it is so far Error. [Sir Richard] Steele, a Protestant, in a Dedication tells the Pope, that the only Difference between our two Churches in their Opinions of the Certainty of their Doctrine, is, the Romish Church is infallible, and the Church of England is never in the Wrong. But tho’ many private Persons think almost as highly of their own Infallibility, as that of their Sect, few express it so naturally as a certain French lady, who in a little Dispute with her Sister, said, I don’t know how it happens, Sister, but I meet with no body but myself that’s always in the right.

In these Sentiments, Sir, I agree to this Constitution, with all its Faults, if they are such: because I think a General Government necessary for us, and there is no Form of Government but what may be a Blessing to the People if well administred; and I believe farther that this is likely to be well administred for a Course of Years, and can only end in Despotism as other Forms have done before it, when the People shall become so corrupted as to need Despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution: For when you assemble a Number of Men to have the Advantage of their joint Wisdom, you inevitably assemble with those Men all their Prejudices, their Passions, their Errors of Opinion, their local Interests, and their selfish Views. From such an Assembly can a perfect Production be expected? 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, who are waiting with Confidence to hear that our Councils are confounded, like those of the Builders of Babel, and that our States are on the Point of Separation, only to meet hereafter for the Purpose of cutting one another’s Throats. 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 sacrifice to the Public Good. I have never whisper’d a Syllable of them abroad. Within these Walls they were born, & 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 endeavour to gain Partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary Effects & great Advantages resulting naturally in our favour among foreign Nations, as well as among ourselves, from our real or apparent Unanimity. Much of the Strength and Efficiency of any Government, in procuring & securing Happiness to the People depends on Opinion, on the general Opinion of the Goodness of that Government as well as of the Wisdom & Integrity of its Governors. I hope therefore that for our own Sakes, as a Part of the People, and for the Sake of our Posterity, we shall act heartily & unanimously in recommending this Constitution, wherever our Influence may extend, and turn our future Thoughts and Endeavours to the Means of having it well administred.

On the whole, Sir, I cannot help expressing a Wish, that every Member of the Convention, who may still have Objections 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.