When the Convention which formed our present Federal Constitution was called to meet at Philadelphia in May, 1787, he was elected one of the delegates. The delegates were the then Governor, Richard Caswell, ex-Governor Alexander Martin, Richard Dobbs Spaight, who, like Davie, was subsequently Governor, William Blount, afterwards United States Senator, and Hugh Williamson, afterwards a member of Congress and an historian. Governor Caswell did not attend. Colonel Davie was the junior member of the delegation, being then, notwithstanding his distinguished career as a soldier and his high standing at the bar, not yet thirty-one years of age. Still his eloquence and influence made a decided impression upon the Convention. The Constitution all through is the result of compromise; but the critical question was the equal representation of each State in the Senate. Upon this it seemed likely the Convention would be dissolved. The large States were firm for proportional representation. With the smaller States an equal voice in the Senate was a _sine qua non_. On that question North Carolina voted with the other large States against the demands of the smaller States, and this made the vote a tie, as Georgia, on purpose, evenly divided her vote. The friends of the Constitution, fearing a disruption, referred the question to a committee composed of one from each State. Davie was the member of the committee from North Carolina. When the committee made its report, Davie, acting for North Carolina, gave her vote with the smaller States, and thus, by one majority, was equal representation in the Senate secured. Without it the Convention would doubtless have adjourned after a useless session. The Constitution, without that wise concession, could not have been adopted, and if adopted by the Convention, its ratification by the smaller States could not have been expected. This act was certainly against the wishes of his own State, then the third, in point of population, in the Confederation, ranking next after Virginia and Massachusetts and ahead of New York. It was also apparently against the interests of his State, but the act was that of a statesman, and should be recalled to his lasting honor. It was a critical moment, for a narrow-minded man in his place, timid of responsibility and fearful of his own popularity at home, would have prevented or postponed for many years the American Union. He remained in Philadelphia till the deliberations of the Convention were virtually over and the adoption of the Constitution had become certain. Then, in obedience to his duty to his clients, as the fall circuit was about to begin, he left for home. Hence it is that his name does not appear among those appended to that instrument. The Constitution being the work of many hands and containing so many alterations and amendments, would naturally have been rough and ill-joined, containing a variety of styles. It is worthy of note that the Convention considerately referred it to a committee of one--Gouverneur Morris--an accomplished scholar, to make changes "of form, not of substance." Under his hand it was polished and put in shape, and hence the uniform flow and regularity of its language.