Jonah Patel
The United States Constitution was signed on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. Of the 74 individuals selected to attend the Constitutional Convention, 55 delegates participated, and only 39 signed the document. Three delegates—Elbridge Gerry of Massachusetts, and Edmund Randolph and George Mason of Virginia—were dissatisfied with the final document and refused to sign it. Several other delegates left the convention early, either for personal reasons or in protest over decisions made during the deliberations.
| Characteristics | Values |
|---|---|
| Number of delegates chosen | 74 |
| Number of delegates who participated | 55 |
| Number of delegates who signed | 39 |
| Number of delegates who refused to sign | 3 |
| Names of the three delegates who refused to sign | Elbridge Gerry of Massachusetts, Edmund Randolph and George Mason of Virginia |
| Reason for refusal to sign | Dissatisfaction with the final document |
| Date of the signing of the US Constitution | September 17, 1787 |
| Place of the signing of the US Constitution | Independence Hall in Philadelphia, Pennsylvania |
| Number of states represented at the Constitutional Convention | 12 |
| State that refused to send delegates | Rhode Island |
| Number of delegates from Rhode Island | 0 |
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What You'll Learn
The delegates who refused to sign
The signing of the United States Constitution occurred on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. 55 delegates participated in the convention, but only 39 signed the Constitution. Several attendees left before the signing ceremony, and three of the 42 who remained refused to sign.
The three delegates who refused to sign the final draft of the Constitution were Elbridge Gerry of Massachusetts, and Edmund Randolph and George Mason of Virginia. They were dissatisfied with the final document, believing it to be too heavily compromised. Critics who shared the views of these delegates preferred the decentralised nature of the Articles of Confederation as a check on the power of the central government. They became known as "Anti-Federalists".
Edmund Randolph of Virginia initially refused to sign, fearing that the Constitution would not be approved by the requisite nine states. However, he ultimately changed his mind and supported the Constitution.
Other delegates who did not sign the Constitution include:
- John Lansing and Robert Yates of New York, who left early as they feared that the national government being created was too powerful.
- John Mercer and Luther Martin of Maryland, who departed early in protest, believing that states' rights were not being sufficiently protected.
- Richard Spaight of North Carolina, who died in a duel with a political rival in 1802.
- George Wythe of Virginia, who died of arsenic poisoning in 1806, likely at the hands of a debt-ridden grandnephew and heir.
- Gouverneur Morris of Pennsylvania, who died in 1816 after a failed attempt to dislodge a urinary tract blockage with a piece of whale bone.
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The reasons for their refusal
The United States Constitution was signed on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. Of the 74 individuals selected, 55 delegates participated in the convention, though 13 of them dropped out, either for personal reasons or in protest over decisions made during the convention. Three delegates, Elbridge Gerry of Massachusetts, and Edmund Randolph and George Mason of Virginia, refused to sign the final draft.
Elbridge Gerry (MA) and George Mason (VA) participated fully in the convention but flatly refused to sign the Constitution. Edmund Randolph (VA) also refused to sign the document, worried that it wouldn't be approved by the requisite nine states. Randolph ultimately changed his mind and ended up supporting the Constitution.
The delegates who refused to sign the Constitution, dubbed "Anti-Federalists" by their opponents, preferred the decentralised nature of the Articles of Confederation as a check on the power of the central government. They believed that the numerous compromises contained in the final document had impaired its quality. Alexander Hamilton, for example, called the Constitution a "weak and worthless fabric", certain to be superseded.
Several other delegates left the convention early in protest, fearing that states' rights were not being sufficiently protected. New York delegates John Lansing and Robert Yates feared that the national government being created was too powerful and would impinge on citizens' civil liberties. John Mercer and Luther Martin of Maryland seemed to agree with this sentiment. Martin also thought that the Constitution should take a harder line on slavery.
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The impact of their refusal
The United States Constitution was signed on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. Of the 74 delegates chosen to attend the Constitutional Convention, only 55 attended, and 39 signed the document. Three delegates refused to sign the final draft of the US Constitution.
Secondly, the refusal to sign underscored the importance of obtaining unanimous support for the Constitution. Advocates for the new government anxiously sought unanimous consent from the delegations, fearing that a lack of individual assent would weaken the document's legitimacy. To address this, the formula "Done in convention by the unanimous consent of the states present...." was devised, giving the appearance of unanimity.
Additionally, the refusal of the three delegates to sign the Constitution may have contributed to a sense of division or discord among the states. With only 39 signatures, the Constitution's endorsement fell short of complete consensus, and this could have potentially created tensions or differences of opinion between the states that endorsed the document and those that did not.
Moreover, the refusal to sign highlighted the importance of individual agency and the right to dissent in the democratic process. By exercising their right to disagree, the three delegates demonstrated the value of free will and the importance of ensuring that the Constitution adequately addressed the concerns of all citizens, even if it meant delaying or amending the document.
Lastly, the refusal to sign may have had a lasting impact on the interpretation and future amendments to the Constitution. The absence of these delegates' signatures could have left room for ongoing debate, reinterpretation, and potential revisions to the document. Their refusal may have inadvertently contributed to the flexibility and adaptability of the Constitution, allowing for future generations to shape and refine the nation's governing framework.
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The legacy of the unsigned Constitution
The unsigned US Constitution has left a complex legacy, both in the US and beyond. The delegates who refused to sign the document, Elbridge Gerry of Massachusetts, George Mason of Virginia, and Randolph, were dubbed "Anti-Federalists" by their opponents. They preferred the decentralised nature of the Articles of Confederation as a check on the power of the central government. This debate over the benefits of a new Constitution continued for ten months.
The unsigned Constitution also reflected the complex process of its creation. The Constitutional Convention was a four-month-long gathering of delegates from twelve of the thirteen states, with Rhode Island refusing to send representatives. The final document was the result of intense debates, revisions, and numerous compromises. The delegates debated competing proposals, such as the ""Virginia Plan" and the "New Jersey Plan", before agreeing on a document that expanded the power of the central government while protecting the prerogatives of the states.
The unsigned Constitution also reflected the desire for unanimous support. Advocates for the new frame of government wanted to obtain the unanimous backing of each state's delegation. To achieve this, the concluding endorsement was intentionally ambiguous, and the formula "Done in convention by the unanimous consent of the states present" was devised to give the appearance of unanimity.
The unsigned Constitution also had a significant impact on the structure of the US government. It laid out the framework for the nation's federal government and delineated the functions of its three branches: legislative, executive, and judicial. The Constitution addressed the weaknesses of the Articles of Confederation, which had failed to empower the central government sufficiently to carry out essential functions.
The unsigned Constitution also served as a model for other nations. For example, in 1847-1848, a wave of democratic revolutions swept through Europe, and Switzerland adopted a new constitution modelled after the US Constitution, transforming the country from an alliance of republics to a federal nation.
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The process of revising the Articles of Confederation
The Articles of Confederation, which established the first national government, were ratified in late November 1777. However, by the mid-1780s, it became clear that the Articles needed significant revisions. The limitations on the central government, such as in assembling delegates, raising funds, and regulating commerce, limited its ability to govern effectively.
In May 1786, Charles Pinckney of South Carolina proposed that Congress revise the Articles of Confederation. He recommended granting Congress power over foreign and domestic commerce and providing a way for Congress to collect money from state treasuries. A committee was appointed to draft amendments to the Articles, and on August 7, 1786, the committee produced amendments granting Congress exclusive power over commerce and outlining punishments for poor attendance by members of Congress. However, these amendments were never acted upon.
In September 1786, delegates from five states met at the Annapolis Convention to discuss the need to eliminate interstate protectionist trade barriers. They voted to invite all states to a larger convention to be held in Philadelphia in 1787. The Confederation Congress endorsed this convention "for the sole and express purpose of revising the Articles of Confederation."
On February 21, 1787, Congress resolved that a convention of delegates appointed by the states would be held in Philadelphia to revise the Articles. The convention, now known as the Constitutional Convention, began in May 1787. The delegates soon abandoned the idea of revising the Articles, instead drafting a new Constitution with a much stronger national government. The "Virginia Plan," proposed by Edmund Randolph of Virginia and drafted by James Madison, called for a completely new government with a strong central government based on popular consent and proportional representation. The plan included a bicameral legislature, a separate executive, and a judiciary branch with national jurisdiction. The "New Jersey Plan," proposed by William Paterson, retained the essential features of the original Articles, including a unicameral legislature with equal representation for all states.
After months of fierce debate, the delegates produced a document that expanded the power of the central government while protecting the prerogatives of the states—the Constitution. On September 17, 1787, 39 delegates endorsed the Constitution, although three delegates refused to sign.
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Frequently asked questions
Three delegates refused to sign the US Constitution: Elbridge Gerry of Massachusetts, and Edmund Randolph and George Mason of Virginia.
The three delegates were dissatisfied with the final document. They preferred the decentralised nature of the Articles of Confederation as a check on the power of the central government. They were dubbed "Anti-Federalists" by their opponents.
Yes, there were. Of the 74 delegates chosen, only 55 attended and 39 signed. Several attendees left before the signing ceremony, and three of the 42 who remained refused to sign. Some delegates did not accept or could not attend, including Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams, Samuel Adams, and John Hancock.
