FEDERAL CONVENTION.
The day appointed by this resolution for the meeting of the Convention was the 2d Monday in May, [1787;] but the 25th of that month was the first day upon which a sufficient number of members appeared to constitute a representation of a majority of the states. They then elected George Washington their president, and proceeded to business, at the city of Philadelphia.
On the 29th of May, Mr. Edmund Randolph presented to the Convention fifteen resolutions, and Mr. C. Pinckney laid before them the draft of a federal government, which were referred to a committee of the whole; which debated the resolutions, from day to day, until the 13th of June, when the committee of the whole reported to the Convention a series of nineteen resolutions, founded upon those which had been proposed by Mr. Randolph.
On the 15th of June, Mr. Patterson submitted to the Convention his resolutions, which were referred to a committee of the whole, to whom were also recommitted the resolutions reported by them on the 13th.
On the 19th of June, the committee of the whole reported that they did not agree to Mr. Patterson’s propositions, but reported again the resolutions which had been reported before.
The Convention never afterwards went into committee of the whole; but, from the 19th of June till the 23d of July, were employed in debating the nineteen resolutions reported by the committee of the whole on the 13th of June, some of which were occasionally referred to grand committees of one member from each state, or to select committees of five members.
After passing upon the nineteen resolutions, it was, on the 23d of July, resolved, "That the proceedings of the Convention for the establishment of a national government, except what respects the supreme executive, be referred to a committee for the purpose of reporting a constitution conformably to the proceedings aforesaid."
This committee, consisting of five members, and called in the journal "the committee of detail," was appointed on the 24th of July; and, with the proceedings of the Convention, the propositions submitted to the Convention, by Mr. Charles Pinckney, on the 29th of May, and by Mr. Patterson, on the 15th of June, were referred to them.
On the 26th of July, a resolution respecting the executive, and two others, offered for the consideration of the Convention, were referred to the committee of detail: and the Convention adjourned till Monday, the 6th of August, when the committee reported a Constitution for the establishment of a national government. This draft formed the general text of debate from that time till the 8th of September; many additional resolutions being, in the course of the deliberations, proposed, and referred to and reported upon by the same committee of detail, or other committees of eleven, (a member from each state,) or of five.
On the 8th of September, a committee of five was appointed "to revise the style of and arrange the articles agreed to by the house."
On the 12th of September, this committee reported the Constitution, as revised and arranged, and the draft of a letter to Congress. It was ordered that printed copies of the reported Constitution should be furnished to the members, and they were brought in the next day.
On the 17th day of September, 1787, the Convention dissolved itself, by an adjournment without day, after transmitting the plan of the Constitution, which they had prepared, to Congress, to be laid before conventions, delegated by the people of the several states, for their assent and ratification.
The last act of the Convention was a resolution that their journal and other papers should be deposited with their president, to be retained by him, subject to the order of the Congress, if ever formed under the Constitution.
On the 19th of March, 1796, President Washington deposited in the department of state three manuscript volumes, one containing, in 153 pages, the Journal of the Federal Convention of 1787; one the Journal of the Proceedings of the same Convention, while in committee of the whole, in 28 pages; and one, three pages of lists of yeas and nays, on various questions debated in the Convention; and after an interval of eight blank pages, five other pages of like yeas and nays. There were also two loose sheets, and one half sheet of similar yeas and nays; a printed draft of the Constitution, as reported on the 6th of August, 1787, with erasures and written interlineations of amendments afterwards adopted; two sheets containing copies of the series of resolutions offered to the Convention by Mr. Edmund Randolph, in different stages of amendment, as reported by the committee of the whole; and seven other papers, of no importance, in relation to the proceedings of the Convention.
The volume containing the Journal of the Convention was in an incomplete state. The journal of Friday, September 14, and a commencement of that of Saturday, September 15, filled three fourths of the 153d page; then terminated abruptly, and were, with the exception of five lines crossed out with a pen. President Madison, to whom application for that purpose was made, has furnished, from his own minutes, the means of completing the Journal, as now published.
The yeas and nays were not inserted in the journals, but were entered partly in a separate volume, and partly on loose sheets of paper. They were taken, not individually, but by states. Instead of publishing them as they appear in the manuscript, they are now given immediately after each question upon which they were taken.
General Joseph Bloomfield, executor of David Brearly, one of the members of the Convention, transmitted to the department of state several additional papers, which are included in this publication.
The paper purporting to be Colonel Hamilton's Plan of a Constitution is not noticed in the journals. It was not offered by him for discussion, but was read by him, as part of a speech, observing that he did not mean it as a proposition, but only to give a more correct view of his ideas.
The return of the members in the several states appears to have been an estimate used for the purpose of apportioning the number of members to be admitted from each of the states to the House of Representatives.
In order to follow, with clear understanding, the course of proceedings of the Convention, particular attention is required to the following papers, which, except the third, successively formed the general text of their debates:—
1. May 29, 1787. The Fifteen Resolutions offered by Mr. Edmund Randolph to the Convention, and by them referred to a committee of the whole.
2. June 13. Nineteen Resolutions reported by this committee of the whole, on the 13th, and again on the 19th of June, to the Convention.
3. July 26. Twenty-three Resolutions, adopted and elaborated by the Convention, in debate upon the above nineteen, reported from the committee of the whole; and on the 23d and 26th of July, referred, together with the plan of Mr. C. Pinckney, and the propositions of Mr. Patterson to a committee of five, to report a draft of a Constitution.
4. August 6. The Draft of a Plan of a Constitution, reported by this committee to the Convention; and debated from that time till the 12th of September. 5. September 13. Plan of a Constitution, brought in by a committee of revision, appointed on the 8th of September, consisting of five members, to revise the style and arrange the articles agreed to by the Convention.
The second and fourth of these papers are among those deposited, by President Washington, at the department of state.
The first, fourth, and fifth, are among those transmitted by General Bloomfield.
The third is collected from the proceedings of the Convention, as they are spread over the Journal from June 19th to July 26th.
This paper, together with the plan of Mr. C. Pinckney, a copy of which has been furnished by him, and the propositions of Mr. Patterson, included among the papers forwarded by General Bloomfield, comprise the materials upon which the first draft was made of the Constitution, as reported by the committee of detail, on the 6th of August.
| From | Attended | ||
| New Hampshire | 1. | John Langdon, | July 23, 1787 |
| John Pickering, | |||
| 2. | Nicholas Gilman, | July 23. | |
| Benjamin West, | |||
| Massachusetts | Francis Dana, | ||
| Elbridge Gerry, | May 29. | ||
| 3. | Nathaniel Gorham, | May 28. | |
| 4. | Rufus King, | May 25. | |
| Caleb Strong, | May 28. | ||
| Rhode Island | [No appointment.] | ||
| Connecticut | 5. | Wm. Sam. Johnson, | June 2. |
| 6. | Roger Sherman, | May 30. | |
| Oliver Ellsworth, | May 29. | ||
| New York | Robert Yates, | May 25. | |
| 7. | Alexander Hamilton, | do. | |
| John Lansing, | June 2. | ||
| New Jersey | 8. | William Livingston, | June 5. |
| 9. | David Brearly, | May 25. | |
| William C. Houston, | do. | ||
| 10. | William Patterson, | do. | |
| John Nelson, | |||
| Abraham Clark, | |||
| 11. | Jonathan Dayton, | June 21. | |
| From | Attended | ||
| Pennsylvania | 12. | Benjamin Franklin, | May 28, 1787 |
| 13. | Thomas Mifflin, | do. | |
| 14. | Robert Morris, | May 25. | |
| 15. | George Clymer, | May 28. | |
| 16. | Thomas Fitzsimons, | May 25. | |
| 17. | Jared Ingersoll, | May 28. | |
| 18. | James Wilson, | May 25. | |
| 19. | Gouverneur Morris, | do. | |
| Delaware | 20. | George Reed, | do. |
| 21. | Gunning Bedford, Jun. | May 28. | |
| 22. | John Dickinson, | do. | |
| 23. | Richard Basset, | May 25. | |
| 24. | Jacob Broom, | do. | |
| Maryland | 25. | James M'Henry, | May 29. |
| 26. | Daniel of St. Thomas Jenifer | June 2. | |
| 27. | Daniel Carroll, | July 9. | |
| John Francis Mercer, | August 6. | ||
| Luther Martin, | June 9. | ||
| Virginia | 28. | George Washington, | May 25. |
| Patrick Henry, | (declined.) | ||
| Edmund Randolph, | May 25. | ||
| 29. | John Blair, | do. | |
| 30. | James Madison, Jun. | do. | |
| George Mason, | do. | ||
| George Wythe, | do. | ||
| J. M'Clurg [room of P. Henry.] | do. | ||
| North Carolina | Robert Caswell, | (resigned.) | |
| Alexander Martin, | May 25. | ||
| William R. Davie, | do. | ||
| 31. | Wm. Blount, [room of R. Caswell] | June 20. | |
| Willie Jones, | (declined.) | ||
| 32. | Richard D. Spaight, | May 25. | |
| 33. | H. Williamson, [room of W. Jones] | May 25. | |
| South Carolina | 34. | John Rutledge, | May 25. |
| 35. | Charles C. Pinckney, | do. | |
| 36. | Charles Pinckney, | do. | |
| 37. | Pierce Butler, | do. | |
| Georgia | 38. | William Few, | do. |
| 39. | Abraham Baldwin, | June 11. | |
| William Pierce, | May 31. | ||
| George Walton, | |||
| William Houstoun | June 7. | ||
| Nathaniel Pendleton. |
Those with numbers before their names signed the Constitution, |
39 |
Those in Italics never attended, |
10 |
Members who attended, but did not sign the Constitution, |
16 |
|
|
65 |
Credentials of Members of the Federal Convention.
State of New Hampshire.
In the Year of our Lord 1787.
Whereas, in the formation of the federal compact, which frames the bond of union of the American states, it was not possible, in the infant state of our republic, to devise a system which, in the course of time and experience, would not manifest imperfections that it would be necessary to reform:
And whereas the limited powers, which, by the Articles of Confederation, are vested in the Congress of the United States, have been found far inadequate to the enlarged purposes which they were intended to produce; and whereas Congress hath, by repeated and most urgent representations, endeavored to awaken this, and other states of the Union, to a sense of the truly critical and alarming situation in which they may inevitably be involved, unless timely measures be taken to enlarge the powers of Congress, that they may be thereby enabled to avert the dangers which threaten our existence as a free and independent people; and whereas this state hath been ever desirous to act upon the liberal system of the general good of the United States, without circumscribing its views to the narrow and selfish objects of partial convenience; and has been at all times ready to make every concession, to the safety and happiness of the whole, which justice and sound policy could vindicate;—
Be it therefore enacted, by the Senate and House of Representatives in General Court convened, That John Langdon, John Pickering, Nicholas Gilman, and Benjamin West, Esqrs., be, and hereby are, appointed commissioners: they, or any two of them, are hereby authorized and empowered, as deputies from this state, to meet at Philadelphia said Convention, or any other place to which the Convention may be adjourned, for the purposes aforesaid, there to confer with such deputies as are, or may be, appointed by the other states for similar purposes, and with them to discuss and decide upon the most effectual means to remedy the defects of our federal Union, and to procure and secure the enlarged purposes which it was intended to effect, and to report such an act to the United States in Congress, as, when agreed to by them, and duly confirmed by the several states, will effectually provide for the same.
State of New Hampshire — In the House of Representatives, June 27, 1787. The foregoing bill having been read a third time, — voted that it pass to be enacted. Sent up for concurrence.Commonwealth of Massachusetts.
By his excellency, James Bowdoin, Esq., Governor of the Commonwealth of Massasachusetts.
- [l. s.]
To the Hon. Francis Dana, Elbridge Gerry, Nathaniel Gorham, Rufus King, and Caleb Strong, Esqrs, Greeting:
Whereas Congress did, on the 21st day of February, A. D. 1767, resolve, “That, in the opinion of Congress, it is expedient that, on the second Monday in May next, a convention of delegates, who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress and the several legislatures such alterations and provisions therein as shall, when agreed to in Congress, and confirmed by the states, render the federal constitution adequate to the exigencies of government and the preservation of the Union;” And whereas the Genera] Court have constituted and appointed you their delegates, to attend and represent this commonwealth in the said proposed Convention, and have, by a resolution of theirs of the 10th of March last, requested me to commission you for that purpose;— Now, therefore, Know ye, That, in pursuance of the resolutions aforesaid, I do, by these presents, commission you, the said Francis Dana, Elbridge Gerry, Nathaniel Gorham, Rufus King, and Caleb Strong, Esqrs., or any three of you, to meet such delegates as may be appointed by the other, or any of the other, states in the Union, to meet in Convention at Philadelphia, at the time and for the purposes aforesaid.
In testimony whereof, I have caused the public seal of the commonwealth aforesaid to be hereunto affixed.
By his excellency's command.—John Avery, Jun., Secretary.
State of Connecticut.
At a General Assembly of the State of Connecticut, in America, holden at Hartford, on the second Thursday of May, A. D. 1787.
[l. s.]
An Act for appointing Delegates to meet in Convention of the States, to be held at Philadelphia, on the second Monday of May instant.
Whereas the Congress of the United States, by their act of the 21st February, 1787, have recommended that, on the second Monday of May inst., a Convention of delegates, who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the Articles of Confederation,—
Be it enacted by the governor, council, and representatives, in General Court assembled, and by the authority of the same, That the Hon. William Samuel Johnson, Roger Sherman, and Oliver Ellsworth, Esqrs., be, and they hereby are, appointed delegates to attend the said Convention, and are requested to proceed to the city of Philadelphia, for that purpose, without delay; and the said delegates, and, in case of sickness or accident, such one or more of them as shall attend the said Convention, is and are hereby authorized and empowered to represent this state therein, and to confer with such delegates appointed by the several states, for the purposes mentioned in the said act of Congress, that may be present and duly empowered to sit in said Convention, and to discuss upon such alterations and provisions, agreeably to the general principles of republican government, as they shall think proper to render the Federal Constitution adequate to the exigencies of government and the preservation of the Union; and they are further directed, pursuant to the said act of Congress, to report such alterations and provisions as may be agreed to by a majority of the United States represented in Convention, to the Congress of the United States, and to the General Assembly of this state.
A true copy of record. Examined byState of New York.
By his excellency, George Clinton, governor of the state of New York, general and commander-in-chief of all the militia, and admiral of the navy of the same.
[l. s.]
To all to whom these presents shall come.
It is by these presents certified, that John M’Kesson, who has subscribed the annexed copies of resolutions, is clerk of the Assembly of this state.
In testimony whereof, I have caused the privy seal of the said state to be hereunto affixed, this 9th day of May, in the 11th year of the independence of the said state.State of New York. — In Assembly, February 23, 1787.—A copy of a resolution of the honorable the Senate, delivered by Mr. Williams, was read, and is in the words following, viz.:—
Resolved, If the honorable the Assembly concur therein, that three delegates be appointed, on the part of this state, to meet such delegates as may be appointed on the part of the other states, respectively, on the second Monday in May next, at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress, and to the several legislatures, such alterations and provisions therein as shall, when agreed to in Congress, and confirmed by the several states, render the Federal Constitution adequate to the exigencies of government and the preservation of the Union; and that in case of such concurrence, the two houses of the legislature will, on Tuesday next, proceed to nominate and appoint the said delegates, in like manner as is directed by the Constitution of this state for nominating and appointing delegates to Congress.
Resolved, That this house do concur with the honorable the Senate in the said resolution.
In Assembly, March 6, 1787.—Resolved, That the Hon. Robert Yates, Esq. Alexander Hamilton, and John Lansing, Jun., Esqrs., be, and they are hereby, nominated by this house delegates on the part of this state, to meet such delegates as may be appointed on the part of the other states, respectively, on the second Monday in May next, at Philadelphia, pursuant to concurrent resolutions of both houses of the legislature, on the 28th ultimo.
Ordered, That Mr. N. Smith deliver a copy of the last preceding resolution to the honorable the Senate.
A copy of a resolution of the honorable the Senate was delivered by Mr. Vanderbilt, that the Senate will immediately meet this house in the Assembly Chamber, to compare the list of persons nominated by the Senate and Assembly, respectively, as delegates, pursuant to the resolutions before mentioned.
The honorable the Senate accordingly attended in the Assembly Chamber, to compare the lists of persons nominated for delegates, as above mentioned.
The list of persons nominated by the honorable the Senate were the Hon. Robert Yates, John Lansing, Jun., and Alexander Hamilton, Esqrs.; and, on comparing the lists of the persons nominated by the Senate and Assembly respectively, it appeared that the same persons were nominated in both lists; thereupon, Resolved, that the Hon. Robert Yates, John Lansing, Jun., and Alexander Hamilton, Esqrs., be, and they are hereby, declared duly nominated and appointed delegates, on the part of this state, to meet such delegates as may be appointed on the part of the other states, respectively, on the second Monday in May next, at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress, and to the several legislatures, such alterations and provisions therein as shall, when agreed to in Congress, and confirmed by the several states, render the Federal Constitution adequate to the exigencies of government and the preservation of the Union.
True extracts from the journals of the Assembly.State of New Jersey.
To the Hon. David Brearly, William Churchill Houston, William Patterson, and John Neilson, Esqrs., Greeting.
The Council and Assembly, reposing especial trust and confidence in your integrity, prudence, and ability, have, at a joint meeting, appointed you, the said David Brearly, William Churchill Houston, William Patterson, and John Neilson, Esqrs., or any three of you, commissioners, to meet such commissioners as have been, or may be, appointed by the other states in the Union, at the city of Philadelphia, in the commonwealth of Pennsylvania, on the second Monday in May next, for the purpose of taking into consideration the state of the Union as to trade and other important objects, and of devising such other provisions as shall appear to be necessary to render the Constitution of the federal government adequate to the exigencies thereof.
By his excellency's command—Bowes Reed, Secretary.
State of New Jersey.
To his exellency, William Livingston, and the Hon. Abraham Clark, Esqrs., Greeting.
- [l.s.]
The Council and Assembly, reposing especial trust and confidence in your integrity, prudence, and ability, have, at a joint meeting, appointed you, the said William Livingston and Abraham Clark, Esqrs., in conjunction with the Hon David Brearly, William Churchill Houston, and William Patterson, Esqrs., or any three of you, commissioners, to meet such commissioners as have been appointed by the other states in the Union, at the city of Philadelphia, in the commonwealth of Pennsylvania, on the second Monday in this present month, for the purpose of taking into consideration the state of the Union, as to trade and other important objects, and of devising such other provisions as shall appear to be necessary to render the constitution of the federal government adequate to the exigencies thereof.
By his excellency's command.—Bowes Reed, Secretary.
STATE OF NEW JERSEY.
To the Hon. J. Dayton, Esq.
The Council and Assembly, reposing especial trust and confidence in your integrity, prudence, and ability, have, at a joint meeting, appointed you, the said Jonathan Dayton, Esq., in conjunction with his excellency, William Livingston, the Hon. David Brearly, William Churchill Houston, William Patterson, and Abraham Clark, Esqrs., or any three of you, commissioners, to meet such commissioners as have been appointed by the other states in the Union, at the city of Philadelphia, in the commonwealth of Pennsylvania, for the purpose of taking into consideration the state of the Union as to trade and other important objects, and of devising such other provisions as shall appear to be necessary to render the constitution of the federal government adequate to the exigencies thereof.
By his honor's command.—Bowes Reed, Secretary.
COMMONWEALTH OF PENNSYLVANIA.
An Act appointing Deputies to the Convention intended to be held in the City of Philadelphia, for the Purpose of revising the Federal Constitution.
Sec 1.Whereas the General Assembly of this commonwealth, taking into their serious consideration the representations heretofore made to the legislatures of the several states in the Union, by the United States in Congress assembled, and also weighing the difficulties under which the confederated states now labor, are fully convinced of the necessity of revising the Federal Constitution, for the purpose of making such alterations and amendments as the exigencies of our public affairs require: And whereas the legislature of the state of Virginia have already passed an act of that commonwealth, empowering certain commissioners to meet at the city of Philadelphia, in May next, a convention of commissioners or deputies from the different states; and the legislature of this state are fully sensible of the important advantages which may be derived to the United States, and every of them, from cooperating with the commonwealth of Virginia and the other states to the Confederation, in the said design.
Sec 2.Be it enacted, and it is hereby enacted, by the representatives of the freemen of the commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That Thomas Mifflin, Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitzsimons, James Wilson, and Gouverneur Morris, Esqrs., are hereby appointed deputies from this state, to meet in the Convention of the deputies of the respective states of North America, to be held at the city of Philadelphia, on the 2d day in the month of May next; and the said Thomas Mifflin, Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitzsimons, James Wilson, and Gouverneur Morris, Esqrs., or any four of them, are hereby constituted and appointed deputies from this state, with powers to meet such deputies as may be appointed and authorized by the other states, to assemble in the said Convention, at the city aforesaid, and join with them in devising, deliberating on, and discussing, all such alterations and further provisions as may be necessary to render the Federal Constitution fully adequate to the exigencies of the Union, and in reporting such act or acts, for that purpose, to die United States in Congress assembled, as, when agreed to by them, and duly confirmed by the several states, will effectually provide for the same.
Sec. 3.And be it further enacted by the authority aforesaid, That, in case any of the said deputies hereby nominated shall happen to die, or to resign his or their said adpointment or appointments, the supreme executive council shall be, and hereby are, empowered and required to nominate and appoint other person or persons, in lieu of him or them so deceased, or who has or have so resigned, which person or persons, from and after such nomination and appointment, shall be, and hereby are, declared to be vested with the same powers respectively as any of the deputies nominated and appointed by this act is vested with by the same: Provided always, that the council are not hereby authorized, nor shall they make any such nomination or appointment, except in vacation and during the recess of the General Assembly of this state. Signed by order of the house,
[l. s.] Enacted into a law at Philadelphia, on Saturday, December 30, in the year of our Lord 1786.
PETER ZACHARY LLOYD,
Clerk of the General Assembly.
I, Matthew Irwine, Esq., master of the rolls for the state of Pennsylvania, do certify the preceding writing to be a true copy (or exemplification) of a certain act of Assembly lodged in my office.
In witness whereof, I have hereunto set mv hand and seal of office, the 15th May, A. D. 1787.
[l. s.]A Supplement to the Act entitled “An Act appointing Deputies to the Convention intended to be held in the City of Philadelphia, for the Purpose of revising the Federal Constitution.
Sec. 1.Whereas, by the act to which this act is a supplement, certain persons were appointed as deputies from this state to sit in the said Convention: And whereas it is the desire of the General Assembly, that his excellency, Benjamin Franklin, Esq., president of this state, should also sit in the said Convention, as deputy from this state; therefore,
Sec. 2.Be it enacted, and it is hereby enacted, by the representatives of the freemen of the commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That his excellency, Benjamin Franklin, Esq., be, and he is hereby, appointed and authorized to sit in the said Convention as a deputy from this state, in addition to the persons heretofore appointed; and that he be, and he hereby is, invested with like powers and authorities as are invested in the said deputies, or any of them.
Signed by order of the House,Enacted into a law at Philadelphia, on Wednesday, the 28th day of March, in the year of our Lord 1787.
PETER ZACHARY LLOYD,
Clerk of the General Assembly.
I, Matthew Irwine, Esq., master of the rolls for the state of Pennsylvania, do certify the above to be a true copy (or exemplification) of a supplement to a certain act of Assembly, which supplement is lodged in my office.
In witness whereof, 1 have hereunto set my hand and seal of office, the 15th May, A. D. 1787.
[l. s.]DELAWARE STATE.
His excellency, Thomas Collins, Esq., president, captain-general, and commander-in-chief, of the Delaware state,
To all to whom these presents shall come, Greeting:
Know ye, that, among the laws of the said state, passed by the General Assembly of the same, on the 3d day of February, in the year of our Lord 1787, it is thus enrolled:—
“In the eleventh year of the independence of the Delaware state.
“An Art appointing Deputies from this State to the Convention proposed to be held in the City of Philadelphia, for the Purpose of revising the Federal Constitution.”
Whereas the General Assembly of this state are fully convinced of the necessity of revising the Federal Constitution, and adding thereto such further provisions as may render the same more adequate to the exigencies of the Union; And whereas the legislature of Virginia have already passed an act of that commonwealth, appointing and authorizing certain commissioners to meet, at the city of Philadelphia, in May next, a Convention of commissioners or deputies from the different states; and this state being willing and desirous of coöperating with the commonwealth of Virginia and the other states in the Confederation, in so useful a design:—
Be it therefore enacted by the General Assembly of Delaware, that George Read, Gunning Bedford, John Dickinson, Richard Basset, and Jacob Broom, Esqrs., are hereby appointed deputies from this state to meet in the Convention of the deputies of other states, to be held at the city of Philadelphia, on the 2d day of May next; and the said George Read, Gunning Bedford, John Dickinson, Richard Basset, and Jacob Broom, Esqrs., or any three of them, are hereby constituted and appointed deputies from this state, with powers to meet such deputies as may be appointed and authorized by the other states to assemble in the said Convention at the city aforesaid, and to join with them in devising, deliberating on, and discussing, such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union; and in reporting such act or acts, for that purpose, to the United States in Congress assembled, as, when agreed to by them, and duly confirmed by the several states, may effectually provide for the same. So always and provided, that such alterations or further provisions, or any of them, do not extend to that part of the 5th article of the Confederation of the said states, finally ratified on the 1st day of March, in the year 1781, which declares that, “In determining questions in the United States in Congress assembled, each state shall have one vote”
And be it enacted, That in case any of the said deputies hereby nominated shall happen to die, or resign his or their appointment, the president or commander-in-chief, with the advice of the privy council, in the recess of the General Assembly, is hereby authorized to supply such vacancies.
| Signed by order of the House of Assembly. | JOHN COOK, Speaker. |
| Signed by order of the Council. | GEORGE CRAGHED, Speaker. |
| Passed at Dover, February 3, 1787. |
All and singular which premises, by the tenor of these presents, I have caused to be exemplified. In testimony whereof, I have hereunto subscribed my name, and caused the great seal of the said state to be affixed to these presents, at New Castle, the 2d day of April, in the year of our Lord 1787, and in the 11th year of the independence of the United States of America.
| Attest. James Booth, Secretary. | THOMAS COLLINS. |
STATE OF MARYLAND.
An Act for the Appointment of, and conferring Powers on, Deputies from this State to the Federal Convention.
Be it enacted by the General Assembly of Maryland, That the Hon. James M’Henry, Daniel of St. Thomas Jenifer, Daniel Carroll, John Francis Mercer, and Luther Martin, Esqrs., be appointed and authorized, on behalf of this state, to meet such deputies as may be appointed and authorized, by any other of the United States, to assemble in Convention at Philadelphia, for the purpose of revising the federal system, and to join with them in considering such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union; and in reporting such an act for that purpose, to the United States in Congress assembled, as, when agreed to by them, and duly confirmed by the several states, will effectually provide for the same; and the said deputies, or such of them as shall attend the said Convention, shall have full power to represent this state for the purposes aforesaid; and the said deputies are hereby directed to report the proceedings of the said Convention, and any act agreed to therein, to the next session of the General Assembly of this state.
By the House of Delegates, May 26, 1787. Read and assented to.
| By order, | WM. HARWOOD, Clerk |
| True copy from the original. | WM. HARWOOD, Clerk H. D |
By the Senate, May 26, 1787. Read and assented to.
| By order, | J. DORSEY, Clerk |
| True copy from the original. | J. DORSEY, Clerk Senate |
| W. SMALLWOOD. |
COMMONWEALTH OF VIRGINIA.
General Assembly begun and held at the Public Buildings in the city of Richmond on Monday, the 16th day of October, in the year of our Lord 1786.
An Act for appointing Deputies from this Commonwealth to a Convention proposed to be held in the City of Philadelphia, in May next, for the Purpose of revising the Federal Constitution.
Whereas the commissioners who assembled at Annapolis, on the 14th day of September last, for the purpose of devising and reporting the means of enabling Congress to provide effectually for the commercial interests of the United States, have represented the necessity of extending the revision of the federal system to all its defects, and have recommended that deputies for that purpose be appointed by the several legislatures, to meet in Convention, in the city of Philadelphia, on the 2d day of May next,—a provision which was preferable to a discussion of the subject in Congress, where it might be too much interrupted by the ordinary business before them, and where it would, besides, be deprived of the valuable counsels of sundry individuals who are disqualified by the constitution or laws of particular states, or restrained by peculiar circumstances from a seat in that assembly: And whereas the General Assembly of this commonwealth, taking into view the actual situation of the confederacy, as well as reflecting on the alarming representations made, from time to time, by the United States in Congress, particularly in their act of the 15th day of February last, can no longer doubt that the crisis is arrived at which the good people of America are to decide the solemn question—whether they will, by wise and magnanimous efforts, reap the just fruits of that independence which they have so gloriously acquired, and of that union which they have cemented with so much of their common blood—or whether, by giving way to unmanly jealousies and prejudices, or to partial and transitory interests, they will renounce the auspicious blessings prepared for them by the revolution, and furnish to its enemies an eventful triumph over those by whose virtue and valor it has been accomplished: And whereas the same noble and extended policy, and the same fraternal and affectionate sentiments, which originally determined the citizens of this commonwealth to unite with their brethren of the other states in establishing a federal government, cannot but be felt with equal force now as motives to lay aside every inferior consideration, and to concur in such further concessions and provisions as may be necessary to secure the great objects for which that government was instituted, and to render the United States as happy in peace as they have been glorious in war:—
Be it therefore enacted by the General Assembly of the commonwealth of Virginia, That seven commissioners be appointed, by joint ballot of both houses of Assembly, who, or any three of them, are hereby authorized, as deputies from this commonwealth, to meet such deputies as may be appointed and authorized by other states, to assemble in Convention at Philadelphia, as above recommended, and to join with them in devising and discussing all such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union; and in reporting such an act, for that purpose, to the United States in Congress, as, when agreed to by them, and duly confirmed by the several states, will effectually provide for the same.
And be it further enacted, That, in case of the death of any of the said deputies, or of their declining their appointments, the executive are hereby authorized to supply such vacancies; and the governor is requested to transmit forthwith a copy of this act to the United States in Congress, and to the executives of each of the states in the Union.
[Signed]
JOHN JONES, Speaker of the Senate.
A true copy from the enrolment.—John Beckley, Clerk H. D.
In the House of Delegates.
The house, according to the order of the day, proceeded, by joint ballot with the Senate, to the appointment of seven deputies, from this commonwealth, to a Convention proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution; and the members having prepared tickets with the names of the persons to be appointed, and deposited the same in the ballot-boxes, Mr. Corbin, Mr. Mathews, Mr. David Stuart, Mr. George Nicholas, Mr. Richard Lee, Mr. Wills, Mr. Thomas Smith, Mr. Goodall, and Mr. Turberville, were nominated a committee to meet a committee from the Senate, in the conference chamber, and jointly with them to examine the ballot-boxes, and report to the house on whom the majority of the votes should fall. The committee then withdrew, and, after some time, returned into the house, and reported that the committee had, according to order, met a committee from the Senate, in the conference chamber, and jointly with them examined the ballot-boxes, and found a majority of votes in favor of George Washington, Patrick Henry, Edmund Randolph, John Blair, James Madison, George Mason, and George Wythe, Esqrs.
| Extract from the journal. | JOHN BECKLEY, Clerk H. Delegates |
| Attest, John Beckley, Clerk H. D. |
In the House of Senators.
The Senate, according to the order of the day, proceeded, by joint ballot with the House of Delegates, to the appointment of seven deputies, from this commonwealth, to a Convention proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution; and the members having prepared tickets, with the names of the persons to be appointed, and deposited the same in the ballot boxes, Mr. Anderson, Mr. Nelson, and Mr. Lee, were nominated a committee to meet a committee from the House of Delegates, in the conference chamber, and jointly with them to examine the ballot boxes, and report to the house on whom the majority of votes should fall. The committee then withdrew, and, after some time, returned into the house, and reported that the committee had, according to order, met a committee from the House of Delegates, in the conference chamber, and jointly with them examined the ballot-boxes, and found a majority of votes in favor of George Washington, Patrick Henry, Edmund Randolph, John Blair, James Madison, George Mason, and George Wythe, Esqrs.
| Extract from the journal. | JOHN BECKLEY, Clerk H. D |
| Attest, H. Brook, Clerk S. |
| [l. s.] | Virginia, to wit: |
I do hereby certify and make known, to all whom it may concern, That John Beckley, Esq., is clerk of the House of Delegates for this commonwealth, and the proper officer for attesting the proceedings of the General Assembly of the said commonwealth, and that full faith and credit ought to be given to all things attested by the said John Beckley, Esq., by virtue of his office as aforesaid.
Given under my hand, as governor of the commonwealth of Virginia, and under the seal thereof, at Richmond, this 4th day of May, 1787.| [l. s.] | Virginia, to wit: |
I do hereby certify, That Patrick Henry, Esq., one of the seven commissioners appointed by joint ballot of both houses of Assembly of the commonwealth of Virginia, authorized as a deputy therefrom to meet such deputies as might be appointed and authorized by other states to assemble in Philadelphia, and to join with them in devising and discussing all such alterations and further provisions as might be necessary to render the Federal Constitution adequate to the exigencies of the Union, and in reporting such an act for that purpose to the United States in Congress as, when agreed to by them, and duly confirmed by the several states, might effectually provide for the same, did decline his appointment aforesaid; and thereupon, in pursuance of an act of the General Assembly of the said commonwealth, entitled “An Act for appointing deputies from this commonwealth to a Convention proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution,” I do hereby, with the advice of the council of state, supply the said vacancy by nominating James M’Clurg, Esq. a deputy for the purposes aforesaid.
Given under my hand, as governor of the said commonwealth, and under the seal thereof, this 2d day of May, in the year of our Lord 1787.THE STATE OF NORTH CAROLINA.
To the Hon. Alexander Martin, Esq., Greeting.
Whereas our General Assembly, in their late session, holden at Fayetteville, by adjournment, in the month of January last, did, by joint ballot of the Senate and House of Commons, elect Richard Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Willie Jones, Esqrs., deputies to attend a Convention of delegates from the several United States of America, proposed to be held at the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution,—
We do therefore, by these presents, nominate, commissionate, and appoint you, the said Alexarder Martin, one of the deputies for and in behalf, to meet with our other deputies at Philadelphia, on the 1st of May next, and with them, or any two of them, to confer with such deputies as may have been, or shall be, appointed by the other states, for the purpose aforesaid: To hold, exercise, and enjoy, the appointment aforesaid, with all powers, authorities, and emoluments, to the same belonging, or in any wise appertaining—you conforming, in every instance, to the act of our said Assembly, under which you are appointed.
[l. s.]
By his excellency's command.—Winston Caswell, P. Secretary.
THE STATE OF NORTH CAROLINA.
To the Hon. William Richardson Davie, Esq., Greeting.
Whereas our General Assembly, in their late session, holden at Fayetteville, by adjournment, in the month of January last, did, by joint ballot of the Senate and House of Commons, elect Richard Caswell. Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Willie Jones, Esqrs , deputies to attend a Convention of delegates from the several United States of America, proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution,—
We do therefore, by these presents, nominate, commissionate, and appoint you, the said William Richardson Davie, one of the deputies for and in our behalf, to meet with other deputies at Philadelphia, on the 1st day of May next, and with them, or any two of them, to confer with such deputies as may have been, or shall be, appointed by the other states, for the purpose aforesaid: To hold, exercise, and enjoy, the said appointment, with all powers, authorities, and emoluments, to the same belonging, or in any wise appertaining—you conforming, in every instance, to the act of our said Assembly, under which you are appointed.
[l. s.]
By his excellency's command.—Winston Caswell, P. Secretary.
THE STATE OF NORTH CAROLINA.
To the. Hon. Richard Dobbs Spaight, Esq., Greeting.
Whereas our General Assembly, in their late session, holden at Fayetteville, by adjournment, in the month of January last, did, by joint ballot of the Senate and House of Commons, elect Richard Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Willie Jones, Esqrs., deputies to attend a Convention of delegates from the several United States of America, proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution,—
We do therefore, by these presents, nominate, commissionate, and appoint you, the said Richard Dobbs Spaight, one of the deputies for and in behalf of us, to meet with our other deputies at Philadelphia, on the 1st day of May next, and with them, or any two of them, to confer with such deputies as may have been, or shall be, appointed by the other states, for the purposes aforesaid: To hold, exercise, and enjoy, the said appointment, with all powers, authorities, and emoluments, to the same incident and belonging, or in any wise appertaining—you conforming, in every instance, to the act of our said Assembly, under which you are appointed.
[l. s.] By his excellency's command.—Winston Caswell, P. Secretary.
STATE OF NORTH CAROLINA.
His excellency, Richard Caswell, Esq., governor, captain-general, and commander-in-chief, in and over the state aforesaid,
To all to whom these presents shall come, Greeting.
Whereas, by an act of the General Assembly of the said state, passed the 6tn day of January last, entitled “An Act for appointing deputies from this state to a Convention proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution,” among other things it is enacted, “that five commissioners be appointed by joint ballot of both houses of Assembly, who, or any three of them, are hereby authorized, “as deputies from this state, to meet at Philadelphia, on the 1st day of May next, then and there to meet and confer with such deputies as may be appointed by the other states for similar purposes, and with them to discuss and decide upon the most effectual means to remove the defects of our federal union, and to procure the enlarged purposes which it was intended to effect; and that they report such an act to the General Assembly of this state as, when agreed to by them, will effectually provide for the same:” And it is by the said act further enacted, “That, in case of the death or resignation of any of the deputies, or of their declining their appointments, his excellency, the governor for the time being, is hereby authorized to supply such vacancies:” And whereas, in consequence of the said act, Richard Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Willie Jones, Esqrs., were, by joint ballot of the two houses of Assembly, elected deputies for the purposes aforesaid; And whereas the said Richard Caswell hath resigned his said appointment, as one of the deputies aforesaid;—
Now, know ye, That I have appointed, and by these presents do appoint, the Hon. William Blount, Esq., one of the deputies to represent this state in the Convention aforesaid, in the room and stead of the aforesaid Richard Caswell, hereby giving and granting to the said William Blount the said powers, privileges, and emoluments, which the said Richard Caswell would have been vested with, or entitled to, had he continued in the appointment aforesaid.
[l. s.]
By his excellency's command.—Winston Caswell, P. Secretary.
STATE OF NORTH CAROLINA.
His excellency, Richard Caswell, Esq., governor, captain-general, and commander-in-chief, in and over the state aforesaid,
To all to whom these presents shall come, Greeting.
Whereas, by an act of the General Assembly of the said state, passed the 6th day of January last, entitled “An Act for appointing deputies from this state to a Convention proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution,” among other things it is enacted, “That five commissioners be appointed by joint ballot of both houses of Assembly, who, or any three of them, are hereby authorized, as deputies from this state, to meet at Philadelphia, on the 1st day of May next, then and there to meet and confer with such deputies as may be appointed by the other states for similar purposes, and with them to discuss and decide upon the most effectual means to remove the defects of our federal union, and to procure the enlarged purposes which it was intended to effect, and that they report such an act to the General Assembly of this state as, when agreed to by them, will effectually provide for the same;” And it is by the said act further enacted, “That, in case of the death or resignation of any of the deputies, or their declining their appointments, his excellency, the governor for the time being, is hereby authorized to supply such vacancies:”—
And whereas, in consequence of the said act, Richard Caswell. Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Willie Jones, Esqrs., were, by joint ballot of the two houses of Assembly, elected deputies for the purpose aforesaid: And whereas the said Willie Jones hath declined his appointment as one of the deputies aforesaid:—
Now, know ye, That I have appointed, and by these presents do appoint, the Hon. Hugh Williamson, Esq , one of the deputies to represent this state in the Convention aforesaid in the room and stead of the aforesaid Willie Jones, hereby giving and granting to the said Hugh Williamson the same powers, privileges, and emoluments which the said W. Jones would have been vested with and entitled to, had he acted under the appointment aforesaid.
By his excellency's command.—Dallam Caswell, Pro. Secretary.
STATE OF SOUTH CAROLINA.
By his excellency, Thomas Pinckney, Esq., governor and commander-in-chief, in and over the state aforesaid.
To the Hon. John Rutledge, Esq , Greeting.
By virtue of the power and authority in me vested by the legislature of this state, in their act passed the 8th day of March last, I do hereby commission you, the said John Rutledge, as one of the deputies appointed from this state, to meet such deputies or commissioners as may be appointed and authorized by other of the United States to assemble in Convention, at the city of Philadelphia, in the month of May next, or as soon thereafter as may be, and to join with such deputies or commissioners (they being duly authorized and empowered) in devising and discussing all such alterations, clauses, articles, and provisions, as may be thought necessary to render the Federal Constitution entirely adequate to the actual situation and future good government of the confederated states; and that you, together with the said deputies or commissioners, or a majority of them, who shall be present, (provided the state be not represented by less than two,) do join in reporting such an act to the United States in Congress assembled, as, when approved and agreed to by them, and duly ratified and confirmed by the several states, will effectually provide for the exigencies of the Union.
[l. s.]
By his excellency's command.—Peter Fresneau, Secretary.
STATE OF SOUTH CAROLINA.
By his excellency, Thomas Pinckney, Esq., governor and commander-in-chief in and over the state aforesaid.
To the Hon. Charles Pinckney, Esq., Greeting.
By virtue of power and authority in me vested by the legislature of this state, in their act passed the 8th day of March last, I do hereby commission you, the said Charles Pinckney, as one of the deputies appointed from this state to meet such deputies or commissioners as may be appointed and authorized by other of the United States, to assemble in Convention at the city of Philadelphia, in the month of May next, or as soon thereafter as may be, and to join with such deputies or commissioners (they being duly authorized and empowered) in devising and discussing all such alterations, clauses, articles, and provisions, as may be thought necessary to render the Federal Constitution entirely adequate to the actual situation and future good government of the confederated states; and that you, together with the said deputies or commissioners, or a majority of them who shall be present, (provided the state be not represented by less than two,) do join in reporting such an act to the United States in Congress assembled, as, when approved and agreed to by them, and duly ratified and confirmed by the several states, will effectually provide for the exigencies of the Union.
[l. s.]
By his excellency's command.—Peter Freneau, Secretary.
STATE OF SOUTH CAROLINA.
By his excellency, Thomas Pinckney, Esq., governor and commander-in-chief in and over the state aforesaid.
To the Hon. Charles Cotesworth Pinckney, Esq., Greeting.
By virtue of the power and authority in me vested by the legislature of this state, in their act passed the 8th day of March last, I do hereby commission you, the said Charles Cotesworth Pinckney, as one of the deputies appointed from this state, to meet such deputies or commissioners as may be appointed and authorized by other of the United States, to assemble in Convention at the city of Philadelphia, in the month of May next, or as soon thereafter as may be, and join with such deputies or commissioners (they being duly authorized and empowered) in devising and discussing all such alterations, clauses, articles, and provisions, as may be thought necessary to render the Federal Constitution entirely adequate to the actual situation and future good government of the confederated states; together with the said deputies or commissioners, or a majority of them who shall be present, (provided the state be not represented by less than two,) to join in reporting such an act to the United States in Congress assembled, as, when approved and agreed to by them, and duly ratified and confirmed by the several states, will effectually provide for the exigencies of the Union.
[l. s.]
By his excellency's command.—Peter Freneau, Secretary.
STATE OF SOUTH CAROLINA.
By his excellency, Thomas Pinckney, Esq., governor and commander-in-chief over the state aforesaid.
To the Hon. Pierce Butler, Esq., Greeting
By virtue of the power and authority in me vested by the legislature of this state, in their act passed the 8th day of March last, I do hereby commission you, the said Pierce Butler, as one of the deputies appointed from this state, to meet such deputies or commissioners as may be appointed or authorized by other of the United States, to assemble in Convention at the city of Philadelphia, in the month of May next, or as soon thereafter as may be, and to join with such deputies or commissioners (they being duly authorized and empowered) in devising and discussing all such alterations, clauses, articles, and provisions, as may be thought necessary to render the Federal Constitution entirely adequate to the actual situation and future good government of the confederated states; and that you, together with the said deputies and commissioners, or a majority of them who shall be present, (provided the state be not represented by less than two,) do join in reporting such an act to the United States in Congress assembled, as, when approved and agreed to by them, and duly ratified and confirmed by the several states, will effectually provide for the exigencies of the Union.
[l. s.]
By his excellency's command.—Peter Freneau, Secretary.
STATE OF GEORGIA.
By the Hon. George Mathews, Esq., captain-general, governor, and commander-in-chief, in and over the state aforesaid.
To all to whom these presents shall come, Greeting.
Know ye, That John Milton, Esq., who hath certified the annexed copy of an ordinance, entitled “An Ordinance for the Appointment of Deputies from this State, for the Purpose of revising the Federal Constitution,” is secretary of the said state, in whose office the archives of the same are deposited;— Therefore, all due faith, credit, and authority, are, and ought to be, had and given the same.
In testimony whereof, I have hereunto set my hand, and caused the great seal of the said state to be put and affixed, at Augusta, the 24th day of April, in the year of our Lord 1787, and of our sovereignty and independence the eleventh.}}
By his honor's command.—J. Milton.
An Ordinance for the Appointment of Deputies from this State, for the Purpose of revising the Federal Constitution.
Be it ordained by the representatives of the freemen of the state of Georgia, in General Assembly met, and by authority of the same, that William Few, Abraham Baldwin, William Pierce, George Walton, William Houston, and Nathaniel Pendleton, Esqrs., be, and they are hereby, appointed commissioners, who, or any two or more of them, are hereby authorized, as deputies from this state, to meet such deputies as may be appointed and authorized by other states, to assemble in Convention at Philadelphia, and to join with them in devising and discussing all such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union, and in reporting such an act for that purpose to, the United States in Congress assembled as, when agreed to by them, and duly confirmed by the several states, will effectually provide for the same. In case of the death of any of the said deputies, or of their declining their appointments, the executive are hereby authorized to supply such vacancies.
| By order of the house. | Signed, | WM. GIBBONS, Speaker. |
| Augusta, the 10th February, 1787. | ||
| Georgia. Secretary's Office. | ||
| The above is a true copy from the original ordinance deposited in my office. | ||
| Augusta, 24th April, 1787. | J. MILTON, Secretary. | |
The State of Georgia, by the grace of God, free, sovereign, and independent,
To the Hon. William Few, Esq.
Whereas you, the said William Few, are, in and by an ordinance of the General Assembly of our said state, nominated and appointed a deputy to represent the same in a Convention of the United States, to be assembled at Philadelphia, for the purposes of devising and discussing all such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union,—
You are therefore hereby commissioned to proceed on the duties required of you in virtue of the said ordinance.
By his honor’s command.—J. Milton, Secretary.
The State of Georgia, by the grace of God, free, sovereign, and independent,
To the Hon. William Pierce, Esq.
Whereas you, the said William Pierce, are, in and by an ordinance of the General Assembly of our said state, nominated and appointed a deputy to represent the same in Convention of the United States, to be assembled at Philadelphia, for the purpose of devising and discussing all such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union.—You are therefore hereby commissioned to proceed on the duties required of you in virtue of the said ordinance.
By his honor’s command.—J. Milton, Secretary.
The State of Georgia, by the grace of God, free, sovereign, and independent,
To the Hon. William Houston, Esq.
Whereas you, the said William Houston, are, in and by an ordinance of the General Assembly of our said state, nominated and appointed a delegate to represent the same in a Convention of the United States, to be assembled at Philadelphia, for the purpose of devising and discussing all such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union,—
You are therefore hereby commissioned to proceed on the duties required of you in virtue of the same ordinance.
By his honor's command.—J. Milton, Secretary.
JOURNAL OF THE FEDERAL CONVENTION
On Monday, the 14th of May, A. D. 1787, and in the eleventh year of the independence of the United States of America, at the State-House in the city of Philadelphia, in virtue of appointments from their respective states, sundry deputies to the Federal Convention appeared; but a majority of the states not being represented, the members present adjourned, from day to day, until Friday, the 25th of the said month, when, in virtue of the said appointments, appeared, from the states of
|
Massachusetts, The Hon. Rufus King, Esq.; New York, The Hon. Robert Yates, and New Jersey, The Hon. David Brearly, Pennsylvania, The Hon. Robert Morris, Delaware, The Hon. George Read |
Virginia, His Excell’cy, Geo. Washington, Esq., North Carolina, The Hon. Alexander Martin, South Carolina, The Hon. John Rutledge, Georgia, The Hon. William Few, Esq. |
The members then proceeded to ballot on behalf of their respective states; and, the ballots being taken, it appeared that the said George Washington was unanimously elected; and he was conducted to the chair by the Hon. Robert Morris and John Rutledge, Esqrs.
The president then proposed to the house that they should proceed to the election of a secretary; and the ballots being taken, it appeared that William Jackson, Esq., was elected.
The following credentials were produced and read. [See Credentials.]
The house then appointed Nicholas Weaver messenger, and Joseph Frye door-keeper.
On motion of Mr. C. Pinckney, “Ordered, That a committee be appointed to draw up rules to be observed as the standing orders of the Convention, and to report the same to the house.”
A committee, by ballot, was appointed of Mr. Wythe, Mr. Hamilton, and Mr. C. Pinckney.
And then the house adjourned till Monday next, at 10 o'clock.
In the Federal Convention, Monday, May 28, 1787.
The Convention met agreeably to adjournment.
The Hon. Nathaniel Gorham, and Caleb Strong, Esqrs., deputies from the state of Massachusetts; the Hon. Oliver Ellsworth, Esq., a deputy from the state of Connecticut; the Hon. Gunning Bedford, Esq., a deputy from the state of Delaware; and the Hon. James M’Henry, Esq., a deputy from the state of Maryland,—attended and took their seats.
The following credentials were produced and read. [See Credentials.]
His excellency, Benjamin Franklin, Esq., and the Hon. George Clymer, Thomas Mifflin, and Jared Ingersoll, Esqrs., four of the deputies of the state of Pennsylvania, attended and took their seats.
Mr. Wythe reported from the committee, (to whom the drawing up rules proper, in their opinion, to be observed by the Convention in their proceedings, as standing orders, was referred,) that the committee had drawn up the rules accordingly, and had directed him to report them to the house. And he read the report in his place, and afterwards delivered it in at the secretary's table, where the said rules were once read throughout, and then a second time, one by one; and upon the question, severally put thereupon, two of them were disagreed to; and the rest, with amendments to some of them, were agreed to by the house; which rules, so agreed to, are as follow:—
“RULES TO BE OBSERVED AS THE STANDING ORDERS OF THE CONVENTION.
“ 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 states 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 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.
“ That committees shall be appointed by ballot; and that the members who have the greatest number of ballots although not a majority of the votes present, 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 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.
“ Resolved, That the said rules be observed as standing orders of the house.”
A letter from sundry persons of the state of Rhode Island, addressed to the honorable the chairman of the General Convention, was presented to the chair by Mr. G. Morris; and, being read,—
“ Ordered, That the said letter do lie upon the table for further consideration.”
A motion was made by Mr. Butler, one of the deputies of South Carolina, that the house provide against interruption of business by absence of members, and against licentious publication of their proceedings.
Also, a motion was made by Mr. Spaight, one of the deputies of North Carolina, to provide that, on the one hand, the house may not be precluded, by a vote upon any question, from revising the subject matter of it, when they see cause; nor, on the other hand, be led too hastily to rescind a decision, which was the result of mature discussion.
“ Ordered, That the said motions be referred to the consideration of the committee appointed, on Friday last, to draw up rules to be observed as the standing orders of the Convention; and that they do examine the matters thereof, and report thereupon to the house.”
Adjourned till to-morrow at 10 o'clock, A. M.
Mr. Wythe reported, from the committee to whom the motions made by Mr. Butler and Mr. Spaight were referred, that the committee had examined matters of the said motions, and had come to the following resolutions thereupon:—
“ Resolved, That it is the opinion of this committee that provision be made for the purposes mentioned in the said motions; and to that end, the committee beg leave to propose, that the rules written under their resolution be added to the standing orders of the house.”
And the said rules were once read throughout, and then, a second time, one by one; and on the question, severally put thereupon, were, with amendments to some of them, agreed to by the house; which rules, so agreed to, are as follow:—
"RULES.
' That no member be absent from the house, so as to interrupt the representation of the state, without leave.
" That committees do not sit whilst the house shall be, or ought to be, sitting.
" That no copy be taken of any entry on the Journal during the sitting of the house, without the leave of the house.
" That members only be permitted to inspect the Journal.
" That nothing spoken in the house be printed, or otherwise published, or communicated, without leave.
" That a motion to reconsider a matter which had been determined by a majority, may be made, with leave unanimously given, on the same day on which the vote passed; but otherwise not without one day’s previous notice; in which last case, if the house agree to the reconsideration, some future day shall be assigned for that purpose.
" Resolved, That the said rules be added to the standing orders of the house.”
The Hon. John Dickinson, Esq., a deputy of the state of Delaware, and the Hon. Elbridge Gerry, Esq., a deputy from the state of Massachusetts, attended and took their seats.
Mr. Randolph, one of the deputies of Virginia, laid before the house, for their consideration, sundry propositions, in writing, concerning the American Confederation, and the establishment of a national government.
RESOLUTIONS OFFERED BY MR. EDMUND RANDOLPH TO THE CONVENTION, MAY 29, 1787.
“ 1. Resolved, That the Articles of the Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, common defence, security of liberty, and general welfare.
“ 2. Resolved, therefore, That the right of suffrage, in the national legislature, ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other may seem best, in different cases.
“ 3. Resolved, That the national legislature ought to consist of two branches.
" 4. Resolved, That the members of the first branch of national legislature ought to be elected by the people of the several states, every , for the term of , to be of the age of years, at least; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service; to be ineligible to any office established by a particular state, or under the authority of the United States, (except those peculiarly belonging to the functions of the first branch,) during the term of service and for the space of after its expiration; to be incapable of reëlection for the space of after the expiration of their term of service; and to be subject to recall.
“ 5. Resolved, That the members of the second branch of the national legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual legislatures, to be of the age of years, at least; to hold their offices for a term sufficient to insure their independency; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service; and to be ineligible to any office established by a particular state or under the authority of the United States, (except those particularly belonging to the functions of the second branch,) during the term of service; and for the space of after the expiration thereof.
“ 6. Resolved, That each branch ought to possess the right of originating acts; that the national legislature ought to be empowered to enjoy the legislative right vested in Congress by the Confederation; and, moreover, to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several states, contravening, in the opinion of the national legislature, the articles of union, or any treaty subsisting under the authority of the Union; and to call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof.
“ 7. Resolved, That a national executive be instituted, to be chosen by the national legislature for the term of years, to receive punctually, at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made, so as to affect the magistracy existing at the time of the increase or diminution; to be ineligible a second time; and that, besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation.
“ 8. Resolved, That the executive, and a convenient number of the national judiciary, ought to compose a council of revision, with authority to examine every act of the national legislature, before it shall operate, and every act of a particular legislature, before a negative thereon shall be final; and that the dissent of the said council shall amount to a rejection, unless the act of the national legislature be again passed, or that of a particular legislature be again negatived by of the members of each branch.
“ 9. Resolved, That a national judiciary be established to hold their offices during good behavior, and to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution. That the jurisdiction of the inferior tribunals shall be to hear and determine in the first instance, and of the supreme tribunal to hear and determine in the dernier ressort, all piracies and felonies on the seas; captures from an enemy; cases in which foreigners, or citizens of other states, applying to such jurisdictions, may be interested, or which respect the collection of the national revenue; impeachments of any national officer; and questions which involve the national peace or harmony.
“ 10. Resolved, That provision ought to be made for the admission of states, lawfully arising within the limits of the United States, whether from a voluntary junction of government or territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole.
“ 11. Resolved, That a republican government, and the territory of each state, (except in the instance of a voluntary junction of government and territory,) ought to be guarantied by the United States to each state.
“ 12. Resolved, That provision ought to be made for the continuance of Congress, and their authorities and privileges, until a given day, after the reform of the articles of union shall be adopted, and for the completion of all their engagements.
“ 13. Resolved, That provision ought to be made for the amendment of the articles of union, whensoever it shall seem necessary; and that the assent of the national legislature ought not to be required thereto.
“ 14. Resolved, That the legislative, executive, and judiciary powers within the several states ought to be bound by oath to support the articles of union.
“ 15. Resolved, That the amendments, which shall be offered to the Confederation by the Convention, ought, at a proper time or times, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people to consider and decide thereon.
“ 16. Resolved, That the house will to-morrow resolve itself into a committee of the whole house, to consider of the state of the American Union.
“ Ordered, That the propositions this day laid before the house, for their consideration, by Mr. Randolph, be referred to the said committee.”
Mr. Charles Pinckney, one of the deputies of South Carolina, laid before the house, for their consideration, the draft of a federal government, to be agreed upon between the free and independent states of America.
MR. CHARLES PINCKNEY’S DRAFT OF A FEDERAL GOVERNMENT.
[Paper furnished by Mr. Pinckney.]
“ We, the people of the states of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare, and establish the following constitution, for the government of ourselves and posterity.
“ Art. I. The style of this government shall be The United States of America, and the government shall consist of supreme legislative, executive, and judicial powers.
“ Art. II. The legislative power shall be vested in a Congress, to consist of two separate houses; one to be called the House of Delegates, and the other the Senate, who shall meet on the day of in every year.
“ Art. III. The members of the House of Delegates shall be chosen every year by the people of the several states; and the qualifications of the electors shall be the same as those of the electors in the several states for their legislatures. Each member shall have been a citizen of the United States for years, shall be of years of age, and a resident in the state he is chosen for , until a census of the people shall be taken in the manner herein mentioned. The House of Delegates shall consist of , to be chosen from the different states in the following proportions: for New Hampshire, ; for Massachusetts, ; for Rhode Island, ; for Connecticut, ; for New York, ; for New Jersey, ; for Pennsylvania, ; for Delaware, ; for Maryland, ; for Virginia, ; for North Carolina, ; for South Carolina, ; for Georgia, ;—and the legislature shall hereafter regulate the number of delegates by the number of inhabitants, according to the provisions hereinafter made, at the rate of one for every thousand. All money bills, of every kind, shall originate in the House of Delegates, and shall not be altered by the Senate. The House of Delegates shall exclusively possess the power of impeachment, and shall choose its own officers; and vacancies therein shall be supplied by the executive authority of the state in the representation from which they shall happen.
“ Art. IV. The Senate shall be elected and chosen by the House of Delegates, which house, immediately after their meeting, shall choose by ballot senators from among the citizens and residents of New Hampshire; from among those of Massachusetts; from among those of Rhode Island; from among those of Connecticut; from among those of New York; from among those of New Jersey; from among those of Pennsylvania; from among those of Delaware; from among those of Maryland; from among those of Virginia; from among those of North Carolina; from among those of South Carolina; and from among those of Georgia. The senators chosen from New Hampshire, Massachusetts, Rhode Island, and Connecticut, shall form one class, those from New York, New Jersey, Pennsylvania, and Delaware, one class; and those from Maryland, Virginia, North Carolina, South Carolina, and Georgia, one class. The House of Delegates shall number these classes one, two, and three, and fix the times of their service by lot. The first class shall serve for years, the second for years, and the third for years. As their times of service expire, the House of Delegates shall fill them up by elections for years, and they shall fill all vacancies that arise from death, or resignation, for the time of service remaining of the members so dying or resigning. Each senator shall be years of age, at least; shall have been a citizen of the United States four years before his election; and shall be a resident of the state he is chosen from. The Senate shall choose its own officers.
“ Art. V. Each state shall prescribe the time and manner of holding elections by the people for the House of Delegates; and the House of Delegates shall be the judges of the elections, returns, and qualifications of their members.
“ In each house a majority shall constitute a quorum to do business. Freedom of speech and debate in the legislature shall not be impeached, or questioned, in any place out of it; and the members of both houses shall, in all cases except for treason, felony, or breach of the peace, be free from arrest during their attendance on Congress, and in going to and returning from it. Both houses shall keep journals of their proceedings, and publish them, except on secret occasions; and the yeas and nays may be entered thereon at the desire of one of the members present. Neither house without the consent of the other, shall adjourn for more than days, nor to any place but where they are sitting.
"The members of each house shall not be eligible to, or capable of holding, any office under the Union, during the time for which they have been respectively elected; nor the members of the Senate for one year after. The members of each house shall be paid for their services by the states which they represent. Every bill which shall have passed the legislature shall be presented to the President of the United States, for his revision; if he approves it, he shall sign it; but if he does not approve it, he shall return it, with his objections, to the house it originated in, which house, if two thirds of the members present, notwithstanding the President's objections, agree to pass it, shall send it to the other house, with the President's objections; where, if two thirds of the members present also agree to pass it, the same shall become a law; and all bills sent to the President, and not returned by him within days, shall be laws, unless the legislature, by their adjournment, prevent their return, in which case they shall not be laws.
"Art. VI. The legislature of the United States shall have the power to lay and collect taxes, duties, imposts, and excises;
"To regulate commerce with all nations, and among the several states;
"To borrow money and emit bills of credit,
"To establish post-offices;
"To raise armies;
"To build and equip fleets;
"To pass laws for arming, organizing, and disciplining, the militia of the United States;
"To subdue a rebellion in any state, on application of its legislature;
"To coin money, and to regulate the value of all coins, and fix the standard of weights and measures;
" To provide such dock-yards and arsenals, and erect such fortifications, as may be necessary for the United States, and to exercise exclusive jurisdiction therein;
"To appoint a treasurer, by ballot;
"To constitute tribunals inferior to the Supreme Court;
"To establish post and military roads;
"To establish and provide for a national university at the seat of government of the United States;
"To establish uniform rules of naturalization;
"To provide for the establishment of a seat of government for the United States, not exceeding miles square, in which they shall have exclusive jurisdiction;
"To make rules concerning captures from an enemy;
"To declare the law and punishment of piracies and felonies at sea, and of counterfeiting coin, and of all offences against the laws of nations;
"To call forth the aid of the militia to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions;
"And to make all laws for carrying the foregoing powers into execution.
"The legislature of the United States shall have the power to declare the punishment of treason, which shall consist only in levying war against the United States, or any of them, or in adhering to their enemies. No person shall be convicted of treason but by the testimony of two wit- nesses.
"The proportion of direct taxation shall be regulated by the whole number of inhabitants of every description; which number shall, within years after the first meeting of the legislature, and within the term of every year, be taken, in the manner to be prescribed by the legislature.
"No tax shall be paid on articles exported from the states; nor capitation tax, but in proportion to the census before directed.
"All laws regulating commerce shall require the assent of two thirds of the members present in each house. The United States shall not grant any title of nobility. The legislature of the United States shall pass no law on the subject of religion, nor touching or abridging the liberty of the press; nor shall the privilege of the writ of habeas corpus ever be suspended, except in case of rebellion or invasion.
"All acts made by the legislature of the United States, pursuant to this constitution, and all treaties made under the authority of the United States, shall be the supreme law of the land; and all judges shall be bound to consider them as such in their decisions.
"Art. VII. The Senate shall have the sole and exclusive power to declare war; and to make treaties; and to appoint ambassadors and other ministers to foreign nations, and judges of the Supreme Court.
"They shall have the exclusive power to regulate the manner of deciding all disputes and controversies now subsisting, or which may arise, between the states, respecting jurisdiction or territory.
"Art. VIII. The executive power of the United States shall be vested in a President of the United States of America, which shall be his style; and his title shall be His Excellency. He shall be elected for years; and shall be reëligible.
"He shall, from time to time, give information to the legislature of the state of the Union, and recommend to their consideration the measures he may think necessary. He shall take care that the laws of the United States be duly executed. He shall commission all the officers of the United States; and, except as to ambassadors, other ministers, and judges of the Supreme Court, he shall nominate, and, with the consent of the Senate, appoint, all other officers of the United States. He shall receive public ministers from foreign nations, and may correspond with the executive of the different states. He shall have power to grant pardons and reprieves, except in impeachments. He shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, and shall receive a compensation which shall not be increased or diminished during his continuance in office. At entering on the duties of his office, he shall take an oath faithfully to execute the duties of a President of the United States. He shall be removed from his office on impeachment by the House of Delegates, and conviction, in the Supreme Court, of treason, bribery, or corruption. In case of his removal, death, resignation, or disability, the president of the Senate shall exercise the duties of his office, until another President be chosen. And in case of the death of the president of the Senate, the speaker of the House of Delegates shall do so.
"Art. IX. The legislature of the United States shall have the power, and it shall be their duty, to establish such courts of law, equity, and admiralty, as shall be necessary. "The judges of the courts shall hold their offices during good behavior and receive a compensation which shall not be increased or diminished during their continuance in office. One of these courts shall be termed the Supreme Court, whose jurisdiction shall extend to all cases arising under the laws of the United States, or affecting ambassadors, other public ministers, and consuls; to the trial of impeachment of officers of the United States; to all cases of admiralty and maritime jurisdiction. In cases of impeachment affecting ambassadors, and other public ministers, this jurisdiction shall be original; and in all the other cases appellate.
"All criminal offences (except in cases of impeachment) shall be tried in the state where they shall be committed. The trials shall be open and public, and be by jury.
"Art. X. Immediately after the first census of the people of the United States, the House of Delegates shall apportion the Senate, by electing for each state, out of the citizens resident therein, one senator for every members such state shall have in the House of Delegates. Each shall be entitled to have at least one member in the Senate.
"Art. XI. No state shall grant letters of marque and reprisal, or enter into treaty, or alliance, or confederation; nor grant any title of nobility; nor, without the consent of the legislature of the United States, lay any impost on imports; nor keep troops or ships of war in time of peace; nor enter into compacts with other states or foreign powers, or emit bills of credit, or make any thing but gold, silver, or copper, a tender in payment of debts; nor engage in war, except in self-defence, when actually invaded, or the danger of invasion is so great as not to admit of a delay until the government of the United States can be informed thereof. And to render these prohibitions effectual, the legislature of the United States shall have the power to revise the laws of the several states that may be supposed to infringe the powers exclusively delegated by this constitution to Congress, and to negative and annul such as do.
"Art. XII. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. Any person charged with crimes in any state, fleeing from justice to another, shall, on demand of the executive of the state from which he fled, be delivered up, and removed to the state having jurisdiction of the offence.
"Art. XIII. Full faith shall be given, in each state, to the acts of the legislature, and to the records and judicial proceedings of the courts and magistrates of every state.
"Art. XIV. The legislature shall have power to admit new states in- to the Union on the same terms with the original states, provided two thirds of the members present in both houses agree.
"Art. XV. On the application of the legislature of a state, the United States shall protect it against domestic insurrection.
"Art. XVI. If two thirds of the legislatures of the states apply for the same, the legislature of the United States shall call a convention for the purpose of amending the constitution. Or should Congress, with the consent of two thirds of each house, propose to the states amendments to the same, the agreement of two thirds of the legislatures of the states shall be sufficient to make the said amendments parts of the constitution.
"The ratification of the conventions of states shall be sufficient fir organizing this constitution. "Ordered, That the said draft be referred to the committee of the whole house appointed to consider of the state of the American Union."
And then the house adjourned till to-morrow morning at 10 o'clock.
The Hon. Roger Sherman, Esq., a deputy of the state of Connecticut, attended and took his seat. The order of the day being read, the house resolved itself into a committee of the whole house to consider of the state of the American Union. The president left the chair.
In Committee of the whole House.
Mr. Gorham, chosen by ballot, took the chair of the committee.
The propositions offered yesterday to the consideration of the house, by Mr. Randolph, were read; and, on motion of Mr. Randolph, seconded by Mr. G. Morris, "That the consideration of the 1st resolution contained in the said propositions be postponed," it was passed in the affirmative.
It was then moved by Mr. Randolph, and seconded by Mr. G. Morris, to substitute the following resolution in the place of the 1st resolution:—
"Resolved, That a union of the states, merely federal, will not accomplish the objects proposed by the Articles of Confederation, namely, 'common defence, security of liberty, and general welfare.'"
It was now moved by Mr. Butler, seconded by Mr. Randolph, to postpone the consideration of the said resolution, in order to take up the following resolution, submitted by Mr. Randolph, viz.:—
"Resolved, That a national government ought to be established, consisting of a supreme legislative, judiciary, and executive."
It was moved by Mr. Read, seconded by Mr. C. C. Pinckney, to postpone the consideration of the last resolution, in order to take up the following:—
"Resolved, That, in order to carry into execution the design of the states, in forming this Convention, and to accomplish the objects proposed by the Confederation, 'a more effective government, consisting of a legislative, judiciary, and executive, ought to be established.'"
On the question to postpone, in order to take up the last resolution, the question was lost.
Yeas: Massachusetts, Connecticut, Delaware, South Carolina, 4. Nays: New York, Pennsylvania, Virginia, North Carolina, 4.
On motion to agree to the said resolution, moved by Mr. Butler, it passed in the affirmative ; and the resolution, as agreed to, is as follows:—
"Resolved, That it is the opinion of this committee that a national government ought to be established, consisting of a supreme legislative, judiciary, and executive."
Yeas: Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 6. Nay: Connecticut, 1. Divided: New York, 1.
The following resolution was then moved by Mr. Randolph:—
"Resolved, That the rights of suffrage in the national legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases."
It was moved by Mr. Hamilton, seconded by Mr. Spaight, that the resolution be altered so as to read,—
"Resolved, That the rights of suffrage in the national legislature ought to be proportioned to the number of free inhabitants."
It was moved and seconded, that the resolution be postponed; and on the question to postpone, it passed in the affirmative.
The following resolution was moved by Mr. Randolph, seconded by Mr. Madison:—
"Resolved, That the rights of suffrage in the national legislature ought to be proportioned——"
It was moved and seconded to add the words, "and not according to the present system."
On the question to agree to the amendment, it passed in the affirmative.
It was then moved and seconded so to alter the resolution that it should read,—
"Resolved, That the rights of suffrage in the national legislature ought not to be according——"
It was then moved and seconded to postpone the consideration of the last resolution.
And on the question to postpone, it passed unanimously in the affirmative.
The following resolution was then moved by Mr. Madison, seconded by Mr. G. Morris:—
"Resolved, That the equality of suffrage, established by the Articles of Confederation, ought not to prevail in the national legislature; and that an equitable ratio of representation ought to be substituted."
It was moved and seconded to postpone the consideration of the last resolution.
And on the question to postpone, it passed in the affirmative. It was moved and seconded that the committee do now rise.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union."
And then the house adjourned till to-morrow, at 10 o'clock, A. M.
The Hon. William Pierce, Esq., a deputy of the state of Georgia, attended and took his seat.
The following credentials were produced and read. [See Georgia Credentials.]
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President in the chair.
In the Committee of the whole House.
Mr. Gorham in the chair.
It was moved and seconded that the committee proceed to the consideration of the following resolution, submitted by Mr. Randolph:—
"Resolved, That the national legislature ought to consist of two branches."
And on the question to agree to the said resolution, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, Delaware, Virginia, North Carolina, South Carolina, 7. Nay: Pennsylvania, 1.
It was then moved and seconded to proceed to the consideration of the following clause of the 4th resolution, submitted by Mr. Randolph:—
"Resolved, That the members of the first branch of the national legis- lature ought to be elected by the people of the several states."
And on the question to agree to the said clause of the 4th resolution, it passed in the affirmative.
Yeas: Massachusetts, New York, Pennsylvania, Virginia, North Carolina, Georgia, 6. Nays: New Jersey, South Carolina, 2. Divided: Connecticut, Delaware, 2.
It was then moved and seconded to postpone the consideration of the remaining clauses in the said 4th resolution.
And on the question to postpone the remaining clauses of the said 4th resolution, it passed in the affirmative.
It was then moved and seconded to proceed to the consideration of the following resolution, being the 5th submitted by Mr. Randolph:—
"Resolved, That the members of the second branch of the national legislature ought to be elected by those of the first, out of," &c.
And on the question to agree to the said 5th resolution, it passed in the negative.
Yeas: None. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Delaware, 1.
It was then moved and seconded to proceed to the consideration of the following resolution, being the 6th submitted by Mr. Randolph:—
"Resolved, That each branch ought to possess the right of originating acts: that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation; and moreover, to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation: to negative all laws, passed by the several states, contravening, in the opinion of the national legislature, the articles of the Union."
The following words were added to this clause on motion of Mr. Franklin: "or any treaties subsisting under the authority of the Union."
Questions being taken separately on the foregoing clauses of the 6th resolution, they were agreed to.
It was then moved and seconded to postpone the consideration of the last clause of the 6th resolution, namely,—
"To call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof."
On the question to postpone the consideration of said clause, it passed in the affirmative.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow, at 10 o'clock, A. M.
The Hon. William Houstoun, Esq., a deputy of the state of Georgia, attended and took his seat.
The following credential was produced and read. [See Georgia Credentials.]
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President in the chair.
In the Committee of the whole House.
Mr. Gorham in the chair.
It was moved and seconded to proceed to the consideration of the 7th resolution submitted by Mr. Randolph, namely,—
"Resolved, That a national executive be instituted, to be chosen by the national legislature, for the term of years; to receive punctually, at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made, so as to affect the magistracy existing at the time of such increase or diminution; and to be ineligible a second time; and that, besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation."
On motion of Mr. Wilson, seconded by Mr. C. Pinckney, to amend the 1st clause of the resolution, by adding, after the word "instituted," the words "to consist of a single person," so as to read,—
"Resolved, That a national executive, to consist of a single person, be
instituted,"—
it was moved and seconded to postpone the consideration of the amendment.
And on the question to postpone, it passed in the affirmative.
It was then moved and seconded to agree to the 1st clause of the resolution, namely,—
"Resolved, That a national executive be instituted."
And on the question to agree to the said clause, it passed in the affirmative. It was then moved by Mr. Madison, seconded by Mr. Wilson, after the word "instituted," to add the words "with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; and to execute such other powers, not legislative or judiciary in their nature, as may from time to time be delegated by the national legislature."
And on a division of the amendment, the following clauses were agreed to, namely,—
"With power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for."
Yeas: Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Connecticut, 1.
On the motion to continue the last clause of the amendment, namely,—
"And to execute such other powers, not legislative or judiciary in their nature, as may from time to time be delegated by the national legislature,"—it passed in the negative.
Yeas: Massachusetts, Virginia, South Carolina, 3. Nays: Connecticut, New York, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, 7.
It was then moved and seconded to fill up the blank with the word "seven," so as to read, "for the term of seven years."
And on the question to fill up the blank with the word "seven," it passed in the affirmative.
Yeas: New York, New Jersey, Pennsylvania, Delaware, Virginia, 5. Nays: Connecticut, North Carolina, South Carolina, Georgia, 4. Divided: Masschusetts, 1.
It was then moved and seconded to postpone the consideration of the following words, namely, "to be chosen by the national legislature."
And on the question to postpone, it passed in the affirmative.
It was then moved and seconded, that the committee do now rise, and report a further progress. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again. "Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow, at 10 o'clock, A. M.
The Hon. William Samuel Johnson, Esq., a deputy of the state of Connecticut, and the Hon. Daniel of St. Thomas Jenifer, a deputy of the state of Maryland, and the Hon. John Lansing, Jun., a deputy from the state of New York, attended and took their seats.
The following credentials were produced and read. [See Credentials.]
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved and seconded to postpone the further consideration of the resolution submitted by Mr. Randolph, which respects the executive, in order to take up the consideration of the resolution respecting the second branch of the legislature.
And on the question to postpone, it passed in the negative.
Yeas: New York, Pennsylvania, Maryland, 3. Nays: Massachusetts, Connecticut, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7.
It was then moved and seconded to postpone the consideration of these words, namely, "to be chosen by the national legislature," in order to take up the following resolution submitted by Mr. Wilson, namely,—
"Resolved, That the executive magistracy shall be elected in manner following:—
"That the states be divided into districts, and that the persons qualified to vote in each district elect members for their respective districts to be electors of the executive magistracy.
"That the electors of the executive magistracy meet, and they or any of them shall elect by ballot, but not out of their own body, person in whom the executive authority of the national government shall be vested."
And on the question to postpone, it passed in the negative.
Yeas: Pennsylvania, Maryland, 2. Nays: Massachusetts, Connecticut, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7. Divided: New York, 1. It was then moved and seconded to agree to the words in the resolution submitted by Mr. Randolph, so as to read, "to be chosen by the national legislature for the term of seven years."
On the question to agree to these words, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Pennsylvania, Maryland, 2.
It was then moved and seconded to postpone the consideration of that part of the resolution, as submitted by Mr. Randolph, which respects the stipend of the executive, in order to introduce the following motion made by Dr. Franklin, namely,—
"Whose necessary expenses shall be defrayed, but who shall receive no salary, stipend, fee, or reward whatsoever, for their services."
And on the question to postpone, it passed in the affirmative.
It was then moved and seconded to postpone the consideration of the said motion offered by Dr. Franklin.
And on the question to postpone, it passed in the affirmative.
It was then moved by Mr. Dickinson, and seconded by Mr. Bedford, to amend the resolution before the committee, by adding, after the words "to be chosen by the national legislature for the term of seven years," the following words: "to be removable by the national legislature upon request by a majority of the legislatures of the individual states."
It was moved and seconded to strike out the words "upon request by a majority of the legislatures of the individual states."
On the question to strike out, it passed in the negative.
Yeas: Connecticut, South Carolina, Georgia, 3. Nays: Massachusetts, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7.
The question being taken to agree to the amendment offered by Mr. Dickinson, it passed in the negative.
Yea: Delaware, 1. Nays: Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
The question being then taken on the words contained in the resolution submitted by Mr. Randolph, namely, "to be ineligible a second time," it passed in the affirmative. Yeas: Massachusetts, New York, Delaware, Maryland, Virginia. North Carolina, South Carolina, Georgia, 8. Nay: Connecticut, 1 Divided: Pennsylvania, 1.
It was then moved by Mr. Williamson, seconded by Mr. Davie, to add the following words to the last clause of the resolution respecting the executive, namely: "and to be removable on impeachment and conviction of malpractice or neglect of duty."
On the motion to add the words, it passed in the affirmative.
It was then moved by Mr. Rutledge, seconded by Mr. C. Pinckney, to fill up the blank after the words "executive to consist of" with the words "one person."
It was then moved and seconded to postpone the consideration of the last motion.
And on the question to postpone, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, North Carolina, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, Maryland, Virginia, 4.
It was then moved and seconded, that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will, on Monday, again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till Monday next, at 11 o'clock.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved and seconded to proceed to the further consideration of the propositions submitted to the committee by Mr. Randolph, when it was moved by Mr. C. Pinckney, seconded by Mr. Wilson, to fill up the blank after the words "that a national executive be instituted, to consist of," with the words "a single person."
On the question to fill up the blank with the words "a single person," it passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, Delaware, Maryland, 3.
It was then moved and seconded to take into consideration the 1st clause of the 8th resolution submitted by Mr. Randolph, namely,—
"Resolved, That the national executive, and a convenient number of the national judiciary, ought to compose a council of revision."
It was then moved and seconded to postpone the consideration of the said clause, in order to introduce the following resolution, submitted by Mr. Gerry, namely,—
"Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by parts of each branch of the national legislature."
And on the question to postpone, it passed in the affirmative.
Yeas: Massachusetts, New York, Pennsylvania, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, Delaware, Maryland, Virginia, 4.
It was then moved by Mr. Wilson, seconded by Mr. Hamilton, to strike out the words "shall not be afterwards passed but by parts of each branch of the national legislature."
And on the question to strike out the words, it passed unanimously in the negative.
It was moved by Mr. Butler, seconded by Dr. Franklin, that the resolution be altered so as to read,—
"Resolved, That the national executive have a power to suspend any legislative act for——"
And on the question to agree to the alteration, it passed unanimously in the negative.
A question was then taken on the resolution submitted by Mr. Gerry, namely,—
"Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature."
And on the question to agree to the same, it passed in the affirmative. Yeas: Massachusetts, New York, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut Maryland, 2.
It was then moved by Mr. Wilson, and seconded by Mr. Madison, that the following amendment be made to the last resolution—after the words "national executive," to add the words "a convenient number of the national judiciary."
An objection of order being taken, by Mr. Hamilton, to the introduction of the last amendment at this time,—notice was given by Mr. Wilson, seconded by Mr. Madison, that the same would be moved to-morrow. Wednesday assigned to reconsider.
It was then moved and seconded to proceed to the consideration of the 9th resolution submitted by Mr. Randolph,—when, on motion to agree to the first clause, namely,—
"Resolved, That a national judiciary be established,"—it passed in the affirmative.
It was then moved and seconded to add these words to the 1st clause of the 9th resolution, namely,—
"To consist of one supreme tribunal, and one or more inferior tribunals."
And on the question to agree to the same, it passed in the affirmative.
It was then moved and seconded that the committee do now rise, and report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
His excellency, William Livingston, Esq., a deputy of the state of New Jersey, attended and took his seat.
The following credentials were then produced and read. [See Credentials, p. 163.] The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved and seconded to proceed to the further consideration of the 9th resolution submitted by Mr. Randolph.
It was then moved and seconded to amend the last clause by striking out the words "once more," so as to read, "and of inferior tribunals."
And on the question to strike out, it passed in the affirmative.
It was then moved and seconded to strike out the words "the national legislature," so as to read, "to be appointed by."
On the question to strike out, it passed in the affirmative.
Notice was given by Mr. Wilson, that he should, at a future day, move for a reconsideration of that clause which respects "inferior tribunals."
Mr. C. Pinckney gave notice that, when the clause which respects the appointment of the judiciary came before the committee, he should move to restore the words "the national legislature."
It was then moved and seconded to agree to the following part of the 9th resolution, namely,—
"To hold their office during good behavior; and to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution."
And on the question to agree to the same, it passed in the affirmative.
It was then moved and seconded to postpone the remaining clause of the 9th resolution.
And on the question to postpone, it passed in the affirmative.
On the question to agree to the 10th resolution, as submitted by Mr. Randolph, namely,—
"Resolved, That provision ought to be made for the admission of states lawfully arising within the limits of the United States, whether
from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole,"—
it passed in the affirmative. It was moved and seconded to postpone the consideration of the 11th resolution submitted by Mr. Randolph.
And on the question to postpone, it passed in the affirmative.
Yeas: Massachusetts, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Connecticut, South Carolina, 2.
On the question to agree to the 12th resolution submitted by Mr. Randolph, namely,—
"Resolved, That provision ought to be made for the continuance of a Congress, and their authorities and privileges, until a given day, after the reform of the articles of union shall be adopted, and for the completion of all their engagements,"—
it passed in the affirmative.
Yeas: Massachusetts, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, Delaware, 2.
It was then moved and seconded to postpone the consideration of the 13th resolution submitted by Mr. Randolph.
On the question to postpone, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, North Carolina, 7. Nays: Virginia, South Carolina, Georgia, 3.
It was then moved and seconded to postpone the consideration of the 14th resolution submitted by Mr. Randolph.
And on the question to postpone, it passed in the affirmative.
Yeas: Connecticut, New Jersey, Maryland, Virginia, South Carolina, Georgia, 6. Nays: New York, Pennsylvania, Delaware, North Carolina, 4. Divided: Massachusetts, 1.
It was moved and seconded to postpone the consideration of the 15th resolution submitted by Mr. Randolph.
And on the question to postpone, it passed in the affirmative.
It was moved by Mr. C. Pinckney, seconded by Mr. Rutledge, that to-morrow be assigned to reconsider that clause of the 4th resolution, which respects the election of the first branch of the national legislature.
And on the question to reconsider the same to-morrow, it passed in the affirmative.
Yeas: Connecticut, New York, Pennsylvania, Delaware Maryland, Virginia, 6. Nays: Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, 5. It was moved by Mr. Rutledge, seconded by Mr. Sherman, to strike out the following words in the 9th resolution submitted by Mr. Randolph, namely: "and of inferior tribunals."
And on the question to strike out, it passed in the affirmative.
Yeas: Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 5. Nays: Pennsylvania, Delaware, Maryland, Virginia, 4. Divided: Massachusetts, New York. 2.
It was then moved and seconded that the following clause be added to the 9th resolution, namely: "that the national legislature be empowered to appoint inferior tribunals."
And on the question to agree to the same, it passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 7. Nays: Connecticut, New Jersey, South Carolina, 3. Divided: New York, 1.
It was then moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved by Mr. C. Pinckney, seconded by Mr. Rutledge, to strike the word "people" out of the 4th resolution submitted by Mr. Randolph, and to insert in its place the word "legislatures," so as to read,—
"Resolved, That the members of the first branch of the national legislature ought to be elected by the legislatures of the several states."
And on the question to strike out, it passed in the negative.
Yeas: Connecticut, New Jersey, South Carolina, 3. Nays: Massachusetts, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7.
On motion of Mr. Wilson, seconded by Mr. Madison, to amend the 8th resolution, which respects the negative to be vested in the national executive, by adding, after the words "national executive," the words "with a convenient number of the national judiciary."
On the question to agree to the addition of these words, it passed in the negative.
Yeas: Connecticut, New York, Virginia, 3. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 7.
Mr. C. Pinckney gave notice, that to-morrow he should move for the reconsideration of that clause in the resolution, adopted by the committee, which vests a negative in the national legislature on the laws of the several states. Friday assigned to reconsider.
It was then moved and seconded, that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President in the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow at 11 o'clock, A. M.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress, in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
The following resolution was submitted by Mr. Dickinson, seconded by Mr. Sherman, namely:—
"Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures."
It was moved and seconded to postpone the last resolution, in order to introduce the following, submitted by Mr. Wilson, seconded by Mr. Morris, namely:—
"Resolved, That the second branch of the national legislature be elected by the people in districts, to be formed for that purpose."
And on the question to postpone, it passed in the negative.
Yea: Pennsylvania, 1. Nays: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
A question was then taken on the resolution submitted by Mr. Dickinson, namely:—
"Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures."
And on the question to agree to the same, it passed unanimously in the affirmative.
Mr. Gerry gave notice that he would to-morrow move for the reconsideration of the resolution, which respects the appointment of the national executive,—when he should offer to substitute the following mode of appointing the national executive, namely: "by the executives of the several states."
The committee then rose. In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will tomorrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow, at 10 o'clock, A. M.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union.—Mr. President left the chair
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved by Mr. Pinckney, seconded by Mr. Madison, to strike out the following words in the 6th resolution, adopted by the committee, namely,—
"To negative all laws passed by the several states, contravening, in the opinion of the national legislature, the articles of union, or any treaties subsisting under the authority of the Union,—"
and to insert the following words in their place, namely,—
"To negative all laws which to them shall appear improper."
And on the question to strike out, it passed in the negative.
Yeas: Massachusetts, Pennsylvania, Virginia, 3. Nays: Connecticut, New York, New Jersey, Maryland, North Carolina, South Carolina Georgia, 7. Divided: Delaware, 1.
It was moved by Mr. Gerry, seconded by Mr. King, to reconsider that clause of the 7th resolution adopted by the committee, which respects the appointment of the national executive.
On the question to reconsider, it passed in the affirmative.
Yeas: Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10. Nays: Connecticut, North Carolina, 2.
And to-morrow was assigned for the reconsideration.
It was then moved by Mr. C. Pinckney, seconded by Mr. Rutledge, that the following resolution be added after the 4th resolution, adopted by the committee, namely:—
"Resolved, That the states be divided into three classes; the first class to have three members the second two, and the third one member each; that an estimate be taken of the comparative importance of each state, at fixed periods, so as to ascertain the number of members they may from time to time be entitled to."
Before any debate was had, or determination taken on Mr. Pinckney's proposition, it was moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till to-morrow, at 11 o'clock, A.M.
The Hon. Luther Martin, Esq., one of the deputies of the state of Maryland, attended and took his seat.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
A question being taken on Mr. Gerry's motion to strike out the following words, in that clause of the 7th resolution, adopted by the committee, which respects the appointment of the national executive, namely, "to be chosen by the national legislature," and to insert "to be chosen by the executives of the individual states," it passed in the negative.
Yeas: None. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Divided: Delaware, 1.
It was moved by Mr. Patterson, seconded by Mr. B ready, to enter on the consideration of the resolution submitted by Mr. Randolph.
After some time passed in debate, it was moved and seconded, that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will, on Monday next, resolve itself into a committee of the whole house on the state of the American Union."
And then the house adjourned till Monday next, at 11 o'clock, A. M.
The Hon. Abraham Baldwin, Esq., one of the deputies of the state of Georgia, attended and took his seat.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved by Mr. King, seconded by Mr. Rutledge, to agree to the following resolution, namely:—
"Resolved, That the right of suffrage in the first branch of the national legislature ought not to be according to the rule established in the Articles of Confederation, but according to some equitable ratio of representation."
And on the question to agree to the same, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.
It was then moved by Mr. Rutledge, seconded by Mr. Butler, to add the following words to the last resolution, namely, "according to the quotas of contribution."
It was moved by Mr. Wilson, seconded by Mr. C. Pinckney, to postpone the consideration of the last motion, in order to introduce the following words after the words "equitable ratio of representation," namely,—
"In proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each state." On the question to postpone, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Delaware, 1.
On the question to agree to Mr. Wilson's motion, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Jersey, Delaware, 2.
It was moved by Mr. Sherman, seconded by Mr. Ellsworth, "that in the second branch of the national legislature each state have a vote."
On the question to agree to the same, it passed in the negative.
Yeas: Connecticut, New York, New Jersey, Delaware, Maryland, 5. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6.
It was then moved by Mr. Wilson, seconded by Mr. Hamilton, to adopt the following resolution, namely:—
"Resolved, That the right of suffrage, in the second branch of the national legislature, ought to be according to the rule established for the first."
On the question to agree to the same, it passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New York, New Jersey, Delaware, Maryland, 5.
It was moved and seconded to amend the 11th resolution submitted by Mr. Randolph, by adding the words "voluntary junction, or partition." Passed in the affirmative.
Yeas: Massachusetts, New York, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, New Jersey, Delaware, Maryland, 4.
It was moved and seconded to amend the resolution, by adding the words "national government" after the words——
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, Maryland, 4.
It was moved and seconded to agree to the 11th resolution submitted by Mr. Randolph, amended to read as follows:—
"Resolved, That a republican constitution, and its existing laws, ought to be guarantied to each state, by the United States."
And on the question to agree to the same, it passed unanimously in the affirmative. It was then moved and seconded to agree to the following resolution:—
"Resolved, That provision ought to be made for the amendment of the articles of union, whensoever it shall seem necessary."
On the question to agree to the same, it passed in the affirmative.
It was agreed to postpone the following clause in the 13th resolution submitted by Mr. Randolph, namely:—
"And that the assent of the national legislature ought not to be required thereto."
It was then moved and seconded to agree to the 14th resolution submitted by Mr. Randolph, namely:—
"Resolved, That the legislative, executive, and judiciary powers, within the several states, ought to be bound by oath to support the articles of union."
It was then moved by Mr. Martin, seconded by ——, to strike out the words "within the several states."
And on the question to strike out, it passed in the negative.
Yeas: Connecticut, New Jersey, Delaware, Maryland, 4. Nays: Massachusetts, New York, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7.
It was then moved and seconded to agree to the 14th resolution, as submitted by Mr. Randolph.
And on the question to agree to the same, it passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New York, New Jersey, Delaware, Maryland, 5.
It was moved and seconded to agree to the 15th resolution submitted by Mr. Randolph.
And on the question to agree to the same, it passed in the affirmative.
Yeas: Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New York, New Jersey, 3. Divided: Delaware, Maryland, 2.
It was then moved and seconded, that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union."
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved and seconded to fill up the blank, in the 4th resolution, respecting the term for which the members of the first branch of the national legislature should be chosen, with the words "three years."
On the motion to fill up with "three years," it passed in the affirmative.
Yeas: New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 7. Nays: Massachusetts, Connecticut, North Carolina, South Carolina, 4.
It was moved and seconded to strike out the following words in the 4th resolution, namely, "to be of years at least."
And on the question to strike out, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.
It was moved and seconded to add the words "and fixed," after the word "liberal," in that clause of the 4th resolution which respects the stipend of the first branch. Passed in the affirmative.
Yeas: New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Massachusetts, Connecticut, South Carolina, 3.
It was then moved and seconded to add the words "to be paid out of the public treasury." Agreed to.
Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Connecticut, New York, South Carolina, 3. A question being taken on the clause respecting the salary of the first branch, it passed in the affirmative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Connecticut, New York, South Carolina, 3.
It was moved and seconded to strike out the words "by a particular state." Passed in the negative.
Yeas: Connecticut, New York, North Carolina, South Carolina, 4. Nays: New Jersey, Pennsylvania, Delaware, Virginia, Georgia, 5. Divided: Massachusetts, Maryland, 2.
A question being taken on the clause which respects the ineligibility of the members of the first branch, it passed in the affirmative.
Yeas: Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Connecticut, 1.
It was moved and seconded to amend the 4th resolution by inserting the words "and under the national government for the space of three years after its expiration." Passed in the negative.
Yea: Maryland, 1. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10.
Moved and seconded to fill up the blank with "one year." Passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 8. Nays: New York, Georgia, 2. Divided: Maryland, 1.
It was moved and seconded to strike out the following words, namely: "to be incapable of reëlection for the space of after the expiration of their term of service, and to be subject to recall."
On the question to strike out, passed in the affirmative.
It was moved and seconded to strike out the words "to be of years at least," from the 5th resolution. Passed in the negative.
Yeas: Connecticut, New Jersey, Pennsylvania, 3. Nays: Massachusetts, New York, Delaware, Maryland, Virginia, South Carolina, 6. Divided: North Carolina, Georgia, 2.
Moved to fill up the blank with "thirty." Passed in the affirmative.
Yeas: Massachusetts, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: Connecticut, New Jersey Delaware, Georgia, 4. Moved and seconded to fill up the blank after the words "sufficient to insure their independency," with "seven years." Passed in the affirmative.
Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 3. Nay: Connecticut, 1. Divided: Massachusetts, New York, 2.
It was moved by Mr. Rutledge, seconded by Mr. Butler, to strike out the clause which respects stipends to be allowed to the second branch.
On the question to strike out, passed in the negative.
Yeas: Connecticut, Delaware, South Carolina, 3. Nays: New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, Georgia. 7. Divided: Massachusetts, 1.
It was then moved and seconded that the clause which respects the stipends to be given to the second branch be the same as the first. Passed in the affirmative.
It was moved and seconded that the ineligibility of the second branch to office be the same as the first. Passed in the affirmative.
Yeas: Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Connecticut, 1.
It was moved and seconded to alter the resolutions submitted by Mr. Randolph, so as to read as follows, namely: "that the jurisdiction of the supreme tribunal shall be to hear and determine, in the dernier ressort, all piracies, felonies," &c.
It was moved and seconded to postpone the whole of the last clause generally.
It was then moved and seconded to strike out the words "all piracies and felonies on the high seas." Passed in the affirmative.
It was moved and seconded to strike out the words "all captures from an enemy." Passed in the affirmative.
It was moved and seconded to strike out the words "other states," and to insert the words "two distinct states in the Union." Passed in the affirmative.
It was moved and seconded to postpone the consideration of the resolution which respects the judiciary. Passed in the affirmative.
It was then moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose. In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union."
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved by Mr. Randolph, seconded by Mr. Madison, to adopt the following resolution respecting the national judiciary, namely:—
"That the jurisdiction of the national judiciary shall extend to cases which respect the collection of the national revenue, impeachments of any national officers, and questions which involve the national peace and harmony."
Passed in the affirmative.
It was moved by Mr. Pinckney, seconded by Mr. Sherman, to insert, after the words "one supreme tribunal," "the judges of which to be appointed by the second branch of the national legislature." Passed in the affirmative.
It was moved by Mr. Gerry, seconded by Mr. Pinckney, to add the following words to the 5th resolution adopted by the committee, namely: "excepting money bills, which shall originate in the first branch of the national legislature." Passed in the negative.
Yeas: New York, Delaware, Virginia, 3. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, North Carolina, South Carolina, Georgia, 8.
It was then moved and seconded that the committee do rise and report the proceedings to the house. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee, having considered and gone through the propositions offered to the house by the Hon. Mr. Randolph, and to them referred, were prepared to report thereon, and had directed him to submit the report to the consideration of the house.
The report was then delivered in at the secretary's table, and having been once read, it was moved by Mr. Randolph, seconded by Mr. Martin, to postpone the further consideration of the report till to-morrow.
And on the question to postpone, it passed in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved by Mr. Patterson, seconded by Mr. Randolph, that the further consideration of the report from the committee of the whole house be postponed till to-morrow; and before the question for postponement was taken, it was moved by Mr. Randolph, seconded by Mr. Patterson, that the house adjourn.
And then the house adjourned till to-morrow, at 11 o'clock.
Mr. Patterson submitted several resolutions to the consideration of the house, which he read in his place, and afterwards delivered in at the secretary's table. They were then read.
PROPOSITIONS OFFERED TO THE CONVENTION BY THE HON. MR. PATTERSON, JUNE 15, 1787.
[Paper furnished by General Bloomfield.]
"1. Resolved, That the Articles of Confederation ought to be revised, corrected, and enlarged, so as to render the Federal Constitution adequate to the exigencies of government, and the preservation of the Union.
"2. Resolved, That, in addition to the powers vested in the United States in Congress, by the present existing Articles of Confederation, they be authorized to pass acts for raising a revenue, by levying a duty or duties on all goods and merchandise of foreign growth or manufacture, imported into any part of the United States; by stamps on paper, vellum, or parchment; and by a postage on all letters and packages passing through the general post-office—to be applied to such federal purposes as they shall deem proper and expedient; to make rules and regulations for the collection thereof; and the same from time to time to alter and amend, in such manner as they shall think proper. To pass acts for the regulation of trade and commerce, as well with foreign nations as with each other; provided, that all punishments, fines, forfeitures, and penalties, to be incurred for contravening such rules and regulations, shall be adjudged by the common-law judiciary of the states in which any offence contrary to the true intent and meaning of such rules and regulations shall be committed or perpetrated; with liberty of commencing, in the first instance, all suits or prosecutions for that purpose in the superior common-law judiciary of such state; subject, nevertheless, to an appeal for the correction of all errors both in law and fact, in rendering judgment, to the judiciary of the United States.
"3. Resolved, That, whenever requisitions shall be necessary, instead of the present rules, the United States in Congress be authorized to make such requisitions in proportion to the. whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes; that, if such requisitions be not complied with in the time to be specified therein, to direct the collection thereof in the non-complying states; and for that purpose to devise and pass acts directing and authorizing the same ; provided, that none of the powers hereby vested in the United States in Congress shall be exercised without the consent of at least states ; and in that proportion, if the number of confederated states should be hereafter increased or diminished.
"4. Resolved, That the United States in Congress be authorized to elect a federal executive to consist of persons, to continue in office for the term of years; to receive punctually, at stated times, a fixed compensation for the services by them rendered, in which no increase or diminution shall be made, so as to affect the persons composing the executive at the time of such increase or diminution; to be paid out of the federal treasury; to be incapable of holding any other office or appointment during their time of service, and for years thereafter; to be ineligible a second time, and removable on impeachment and conviction for malpractices or neglect of duty, by Congress, on application by a majority of the executives of the several states. That the executive, besides a general authority to execute the federal acts, ought to appoint all federal officers not otherwise provided for, and to direct all military operations; provided, that none of the persons composing the federal executive shall, on any occasion, take command of any troops, so as personally to conduct any military enterprise as general, or in any other capacity.
"5. Resolved, That a federal judiciary be established, to consist of a supreme tribunal, the judges of which to be appointed by the executive, and to hold their offices during good behavior ; to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution. That the judiciary, so established, shall have authority to hear and determine, in the first instance, on all impeachments of federal officers; and by way of appeal, in the dernier ressort, in all cases touching the rights and privileges of ambassadors; in all cases of captures from an enemy; in all cases of piracies and felonies on the high seas; in all cases in which foreigners may be interested, in the construction of any treaty or treaties, or which may arise on any act or ordinance of Congress for the regulation of trade, or the collection of the federal revenue. That none of the judiciary officers shall, during the time they remain in office, be capable of receiving or holding any other office or appointment during their term of service, or for thereafter. "6. Resolved, That the legislative, executive, and judiciary powers, within the several states, ought to be bound, by oath, to support the articles of union.
"7. Resolved, That all acts of the United States in Congress assembled, made by virtue and in pursuance of the powers hereby vested in them, and by the Articles of Confederation, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states as far as those acts or treaties shall relate to the said states, or their citizens; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the respective laws of the individual states to the contrary notwithstanding.
"And if any state, or any body of men in any state, shall oppose or prevent the carrying into execution such acts or treaties, the federal executive shall be authorized to call forth the powers of the confederated states, or so much thereof as may be necessary, to enforce and compel an obedience to such acts, or an observance of such treaties.
"8. Resolved, That provision ought to be made for the admission of new states into the Union.
"9. Resolved, That provision ought to be made for hearing and deciding upon all disputes arising between the United States and an individual state, respecting territory.
"10. Resolved, That the rule for naturalization ought to be the same in every state.
"11. Resolved, That a citizen of one stale, committing an offence in another state, shall be deemed guilty of the same offence as if it had been committed by a citizen of the state in which the offence was committed."
It was moved by Mr. Madison, seconded by Mr. Sherman, to refer the resolutions, offered by Mr. Patterson, to a committee of the whole house; which passed in the affirmative.
It was moved by Mr. Rutledge, seconded by Mr. Hamilton, to recommit the resolutions reported from a committer; of the whole house; which passed in the affirmative.
"Resolved, That this house will to-morrow resolve itself into a committee of the whole house, to consider of the state of the Union."
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
After some time passed in debate on the propositions offered by the Hon. Mr. Patterson,— It was moved and seconded that the committee do now rise, report further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That this house will, on Monday next, again resolve itself into a committee of the whole house, to consider of the state of the American Union."
And then the house adjourned till Monday next, at 11 o'clock.
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
It was moved by Mr. Dickinson, seconded by , to postpone the consideration of the 1st resolution submitted by Mr. Patterson, in order to introduce the following, namely:—
"Resolved, That the Articles of Confederation ought to be revised and amended, so as to render the government of the United States adequate to the exigencies, the preservation, and the prosperity of the Union."
And on the question to agree to the same, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Divided: Pennsylvania, 1.
[See Colonel Hamilton's Plan, on next page.]
It was then moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.
In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.
"Resolved, That the house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union."
COLONEL HAMILTON'S PLAN OF GOVERNMENT.
The following paper was read by Colonel Hamilton, as containing his ideas of a suitable Plan of Government for the United States, in a speech upon the foregoing motion of Mr. Dickinson.
[Paper furnished by General Bloomfield.]
"1. The supreme legislative power of the United States of America to be vested in two distinct bodies of men, the one to be called the Assembly, the other the Senate, who, together, shall form the legislature of the United States, with power to pass all laws whatsoever, subject to the negative hereafter mentioned.
"2. The Assembly to consist of persons elected by the people, to serve for three years.
"3. The Senate to consist of persons elected to serve during good behavior; their election to be made by electors chosen for that purpose by the people. In order to this, the states to be divided into election districts. On the death, removal, or resignation of any senator, his place to be filled out of the district from which he came.
"4. The supreme executive authority of the United States to be vested in a governor, to be elected to serve during good behavior. His election to be made by electors, chosen by electors, chosen by the people in the election districts aforesaid. His authorities and functions to be as follows:—
"To have a negative upon all laws about to be passed, and the execution of all laws passed; to have the entire direction of war, when authorized or begun; to have, with the advice and approbation of the Senate, the power of making all treaties; to have the sole appointment of the heads or chief officers of the departments of finance, war, and foreign affairs; to have the nomination of all other officers, (ambassadors of foreign nations included,) subject to the approbation or rejection of the Senate; to have the power of pardoning all offences except treason, which he shall not pardon without the approbation of the Senate.
"5. On the death, resignation, or removal of the governor, his authorities to be exercised by the president of the Senate, until a successor be appointed.
"6. The Senate to have the sole power of declaring war; the power of advising and approving all treaties ; the power of approving or rejecting all appointments of officers, except the heads or chiefs of the departments of finance, war, and foreign affairs.
"7. The supreme judicial authoritv of the United States to be vested in judges, to hold their offices during good behavior, with adequate and permanent salaries. This court to have original jurisdiction in all causes of capture; and an appellate jurisdiction in all causes in which the revenues of the general government, or the citizens of foreign nations, are concerned.
"8. The legislature of the United States to have power to institute courts in each state, for the determination of all matters of general concern.
"9. The governors, senators, and all officers of the United States to be liable to impeachment for mal and corrupt conduct; and, upon conviction, to be removed from office, and disqualified for holding any place of trust or profit. All impeachments to be tried by a court, to consist of the chief or senior judge of the superior court of law, in each state; provided, that such judge hold his place during good behavior, and have a permanent salary.
"10. All laws of the particular states, contrary to the Constitution or laws of the United States, to be utterly void. And the better to prevent such laws being passed, the governor or president of each state shall be appointed by the general government, and shall have a negative upon the laws about to be passed in the state of which he is governor or president.
"11. No state to have any forces, land or naval ; and the militia of all the states to be under the sole and exclusive direction of the United States; the officers of which to be appointed and commissioned by them."
The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.
In Committee of the whole House.
Mr. Gorham in the chair.
On the question to adopt Mr. Dickinson's motion, moved yesterday, it passed in the negative.
Yeas: Connecticut, New York, New Jersey, Delaware, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Divided: Maryland, 1.
It was then moved and seconded to postpone the consideration of the 1st proposition offered by Mr. Patterson. It passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New York, New Jersey, 2.
It was then moved and seconded that the committee do now rise, and report to the house that they do not agree to the propositions offered by the Hon. Mr. Patterson; and that they report the resolutions offered by the Hon. Mr. Randolph, heretofore reported from a committee of the whole house. Passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.
The committee then rose. In the House.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee, That the committee, having spent some time in the consideration of the propositions submitted to the house by the Hon. Mr. Patterson, and of the resolutions heretofore reported from a committee of the whole house, both of which had been to them referred, were prepared to report thereon; and had directed him to report to the house, That the committee do not agree to the propositions offered by the Hon. Mr. Patterson; and that they again submit the resolutions, formerly reported, to the consideration of the house.
STATE OF THE RESOLUTIONS, SUBMITTED TO THE CONSIDERATION OF THE HOUSE BY THE HON. MR. RANDOLPH,
AS ALTERED, AMENDED, AND AGREED TO, IN COMMITTEE OF THE WHOLE HOUSE.
[Paper deposited by President Washington, in the Department of State.]
"1. Resolved, That it is the opinion of this committee that a national government ought to be established, consisting of a supreme legislative, judiciary, and executive.
"2. Resolved, That the national legislature ought to consist of two branches.
"3. Resolved, That the members of the first branch of the national legislature ought to be elected by the people of the several states, for the term of three years; to receive fixed stipends, by which they may be compensated for the devotion of their time to public service, to be paid out of the national treasury; to be ineligible to any office established by a particular state, or under the authority of the United States, (except those peculiarly belonging to the functions of the first branch,) during the term of service, and under the national government, for the space of one year after its expiration.
"4. Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures; to be of the age of thirty years, at least; to hold their offices for a term sufficient to insure their independency—namely, seven years; to receive fixed stipends, by which they may be compensated for the devotion of their time to public service, to be paid out of the national treasury; to be ineligible to any office established by a particular state, or under the authority of the United States, (except those peculiarly belonging to the functions of the second branch,) during the term of service, and under the national government, for the space of one year after its expiration.
"5. Resolved, That each branch ought to possess the right of originating acts.
"6. Resolved, That the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation; and, moreover, to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several states contravening, in the opinion of the national legislature, the articles of union, or any treaties subsisting under the authority of the Union.
"7. Resolved, That the right of suffrage in the first branch of the national legislature ought not to be according to the rule established in the Articles of Confederation, but according to some equitable ratio of representation; namely, in proportion to the whole number of white and other free citizens, and inhabitants of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each state.
"8. Resolved, That the rights of suffrage in the second branch of the national legislature ought to be according to the rule established for the first.
"9. Resolved, That a national executive be instituted, to consist of a single person; to be chosen by the national legislature, for the term of seven years; with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; to be ineligible a second time; and to be removable on impeachment and conviction of malpractice, or neglect of duty; to receive a fixed stipend, by which he may be compensated for the devotion of his time to public service, to be paid out of the national treasury.
"10. Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature.
"11. Resolved, That a national judiciary be established, to consist of one supreme tribunal; the judges of which to be appointed by the second branch of the national legislature; to hold their offices during good behavior; to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution.
"12. Resolved, That the national legislature be empowered to appoint inferior tribunals.
"13. Resolved, That the jurisdiction of the national judiciary shall extend to cases which respect the collection of the national revenue, impeachment of any national officers, and questions which involve the national peace and harmony.
"14. Resolved, That provision ought to be made for the admission of states, lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole.
"15. Resolved, That provision ought to be made for the continuance of Congress and their authorities, until a given day after the reform of the articles of union shall be adopted, and for the completion of all their engagements.
"16. Resolved, That a republican constitution, and its existing laws, ought to be guarantied to each state by the United Stales.
"17. Resolved, That provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary.
"18. Resolved, That the legislative, executive, and judiciary powers, within the several states, ought to be bound, by oath, to support the articles of union. "19. Resolved, That the amendments which shall be offered to the Confederation by the Convention, ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly, or assemblies of representatives, recommended by the several legislatures to be expressly chosen by the people to consider and decide thereon."
It was then moved and seconded to postpone the consideration of the 1st resolution reported from the committee till to-morrow.
And on the question to postpone, it passed in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock. A. M.
The Hon. Wm. Blount, Esq., a deputy from the state of North Carolina, attended and took his seat.
The following credentials were then produced and read. [See p. 171.]
It was moved by Mr. Ellsworth, seconded by Mr. Gorham, to amend the 1st resolution reported from the committee of the whole house, so as to read as follows, namely:—
"Resolved, That the government of the United States ought to consist of a supreme legislative, judiciary, and executive."
On the question to agree to the amendment, it passed unanimously in the affirmative.
It was moved by Mr. Lansing, seconded by Mr. Sherman, to postpone the consideration of the 2d resolution, reported from the committee, in order to take up the following, namely:—
"Resolved, That the powers of legislation be vested in the United States in Congress."
And on the question to postpone, it passed in the negative.
Yeas: Connecticut, New York, New Jersey, Delaware, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Divided: Maryland, 1.
It was moved and seconded to adjourn; which passed in the negative.
Yeas: New York, New Jersey, Delaware, Maryland, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7.
On motion of the deputies of the state of Delaware, the determination of the house on the 2d resolution reported from the committee was postponed until to-morrow. And then the house adjourned till to-morrow, at 11 o'clock, A.M.
The Hon. Jonathan Dayton, Esq., a deputy of the state of New Jersey, attended and took his seat.
The following credentials were produced and read. [See Credentials.]
It was moved and seconded to agree to the 2d resolution reported from the committee, namely:—
"Resolved, That the legislature consist of two branches;" which passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.
It was moved by Gen. C. C. Pinckney, and seconded, to amend the 1st clause of the 3d resolution, reported from the committee, so as to read,—
"Resolved, That the members of the first branch of the legislature ought to be appointed in such manner as the legislature of each state shall direct."
On the question to agree to the amendment, it passed in the negative.
Yeas: Connecticut, New Jersey, Delaware, South Carolina, 4. Nays: Massachusetts, New York, Pennsylvania, Virginia, North Carolina, Georgia, 6. Divided: Maryland, 1.
It was then moved and seconded to agree to the 1st clause of the 3d resolution, as reported from the committee, namely:—
"Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several states;" which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: New Jersey, 1. Divided: Maryland, 1.
It was moved and seconded to erase the word "three" from the 2d clause of the 3d resolution reported from the committee; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, Delaware, Maryland, 3. Divided: New Jersey, 1.
It was moved and seconded to insert the word "two" in the 2d clause of the 3d resolution, reported from the committee; which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock, A. M. It was moved and seconded to strike out the 3d clause, in the 3d resolution, reported from the committee, namely, "to receive fixed stipends, by which they may be compensated for the devotion of their time to the public service:" and to substitute, "their stipends to be ascertained by the legislature, to be paid out of the public treasury."
On the question being put, it passed in the negative.
Yeas: New Jersey, Pennsylvania, 2. Nays: Massachusetts, Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, 7. Divided: New York, Georgia, 2.
It was moved and seconded to strike the following words out of the 4th clause in the 3d resolution, reported from the committee, namely, "to be paid out of the public treasury."
On the question to strike out the words, it passed in the negative.
Yeas: Massachusetts, Connecticut, North Carolina, South Carolina, 4. Nays: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 5. Divided: New York, Georgia, 2.
It was moved and seconded to strike the following words out of the 3d resolution, reported from the committee, namely, "to receive fixed stipends by which they may be compensated for the devotion of their time to public service;" and to substitute the following clause, namely, "to receive an adequate compensation for their services."
On the question to agree to the amendment, it passed unanimously in the affirmative.
It was then moved and seconded to take the vote of the house on the whole proposition, namely:—"to receive an adequate compensation for their services, to be paid out of the public treasury."
An objection of order being taken to this motion, it was submitted to the house.
And on the question, Is the motion in order? it passed in the affirmative.
Yeas: Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina. 6. Nays: New York, Pennsylvania, Virginia, Georgia, 1. Divided: Massachusetts, 1.
The determination of the house on the whole proposition was, on motion of the deputies of the state of South Carolina, postponed till to-morrow.
It was moved and seconded to add the following clause to the 3d resolution,—"to be of the age of twenty-five years at least,"—which passed in the affirmative. Yeas: Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: Massachusetts, Pennsylvania, Georgia, 3. Divided: New York, 1.
It was moved and seconded to strike out the following words in the last clause of the 3d resolution,—
"and under the national government for the space of one year after its expiration."
On the question to strike out the words, it passed in the negative.
Yeas: Massachusetts, New Jersey, North Carolina, Georgia, 4. Nays: Connecticut, Maryland, Virginia, South Carolina, 4. Divided: New York, Pennsylvania, Delaware, 3.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to agree to the proposition, which was postponed yesterday, on motion of the deputies of the state of South Carolina, namely,—
"to receive an adequate compensation for their services, to be paid out of the public treasury."
On the question to agree to the proposition, it passed in the negative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: Connecticut, New York, Delaware, North Carolina, South Carolina, 5. Divided: Georgia, 1.
It was moved and seconded to strike out the following words in the 3d resolution reported from the committee, namely, "by a particular state."
On the question to strike out the words, it passed in the affirmative.
Yeas: Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts Pennsylvania, Delaware, 3.
It was moved by Mr. Madison, and seconded, to amend the 3d resolution by striking out the following words, namely,—
"or under the authority of the United States, during the term of service, and under the national government for the space of one year after its expiration,"—
and inserting the following clause, after the word "established," namely,—
"or the emoluments whereof shall have been augmented by the legislature of the United States during the time of their being members thereof, and until they shall have ceased to be members for the space of one year" On the question to agree to the amendment, it passed in the negative.
Yeas: Connecticut, New Jersey, 2. Nays: New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Massachusetts, 1.
It was moved and seconded to add, after the words "ineligible to," the words "and incapable of holding:" which passed in the affirmative.
It was moved and seconded to strike the words "national government" out of the 3d resolution; which passed in the affirmative.
Yeas: Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, 8. Nays: Pennsylvania, Georgia, 2. Divided: Massachusetts, 1.
It was moved and seconded to strike the word "established" out of the 3d part of the resolution; which passed in the affirmative.
It was moved and seconded to add, after the word "service," in the 3d resolution, the words "of the first branch;" which passed in the affirmative.
It was then moved and seconded to agree to the words "and for the space of one year after its expiration."
On the question to agree to these words, it passed in the negative.
Yeas: New York, Delaware, Maryland, South Carolina, 4. Nays: Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, Georgia, 6. Divided: Pennsylvania, 1.
And then the house adjourned till Monday next, at 11 o'clock.
It was moved and seconded to erase the word "national," and to substitute the words "United States," in the 4th resolution; which passed in the affirmative.
It was moved and seconded to postpone the consideration of the 1st clause of the 4th resolution, in order to take up the 8th resolution, reported from the committee.
On the question to postpone, it passed in the negative.
Yeas: New York, Virginia, South Carolina, Georgia, 4. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, 7.
It was moved and seconded to postpone the consideration of the 4th, in order to take up the 7th resolution.
On the question to postpone, it passed in the negative. Yeas: Maryland, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, 6.
It was moved and seconded to agree to the 1st clause of the 4th resolution, namely:—
"Resolved, That the members of the second branch of the legislature of the United States ought to be chosen by the individual legislatures."
On the question to agree, it passed in the affirmative
Yeas: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9. Nays: Pennsylvania, Virginia, 2.
It was moved and seconded to agree to the 2d clause of the 4th resolution, namely, "to be of the age of thirty years at least;" which passed unanimously in the affirmative.
It was moved and seconded to erase the words "sufficient to insure their independency," from the 3d clause of the 4th resolution; which passed in the affirmative.
Yeas: Connecticut, New York, New Jersey, Pennsylvania, Delaware, South Carolina, Georgia, 7. Nays: Massachusetts, Maryland, Virginia, North Carolina, 4.
It was moved and seconded to add, after the words "seven years," in the 4th resolution, the words "to go out in fixed proportions."
It was moved and seconded to insert the word "six," instead of "seven."
It was moved and seconded to amend the clause so as to read, "for four years, one fourth to go out annually."
No determination being taken on the three last motions, it was moved and seconded to erase the word "seven" from the 3d clause of the 4th resolution; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, New Jersey, North Carolina, South Carolina, Georgia, 7. Nays: Pennsylvania, Delaware, Virginia, 3. Divided: Maryland, 1.
It was moved and seconded to fill up the blank in the 3d clause of the 4th resolution with the word "six;" which passed in the negative.
Yeas: Connecticut, Pennsylvania, Delaware, Virginia, North Carolina. 5. Nays: Massachusetts, New York, New Jersey, South Carolina, Georgia, 5. Divided: Maryland, 1.
It was moved and seconded to adjourn. Passed in the negative.
Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, 5. Nays: Massachusetts, New York, North Carolina, South Carolina, Georgia, 5. Divided: Maryland, 1. It was then moved and seconded to fill up the blank in the 3d clause of the 4th resolution with the word "five;" which passed in the negative.
Yeas: Connecticut, Pennsylvania, Delaware, Virginia, North Carolina. 5. Nays: Massachusetts, New York, New Jersey, South Carolina, Georgia, 5. Divided: Maryland, 1.
It was moved and seconded to adjourn. Passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7. Nays: New York, New Jersey, South Carolina, Georgia, 4.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to amend the 3d clause of the 4th resolution, reported from the committee, so as to read as follows, namely, "for nine years, one third to go out triennially;" which passed in the negative.
Yeas: Pennsylvania, Delaware, Virginia, 3. Nays: Massachusetts, Connecticut, New York, New Jersey, Maryland, North Carolina, South Carolina, Georgia, 8.
It was then moved and seconded to amend the 3d clause of the 4th resolution so as to read, "for six years, one third to go out biennially."
On the question to agree to the amendment, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7. Nays: New York, New Jersey, South Carolina, Georgia, 4.
It was moved and seconded to strike the following clause out of the 4th resolution, "to receive fixed stipends, by which they may be compensated for the devotion of their time to public service." The question to strike out passed in the negative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Maryland, South Carolina, 5. Nays: New York, New Jersey, Delaware, Virginia, North Carolina, Georgia, 6.
It was then moved and seconded to amend the 4th clause of the 4th resolution, so as to read, "to receive a compensation for the devotion of their time to the public service;" which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 10. Nay: South Carolina, 1. It was moved and seconded to erase the following words from the 4th resolution, namely, "out of the national treasury," and to substitute the following, namely, "by their respective states;" which passed in the negative.
Yeas: Connecticut, New York, New Jersey, South Carolina, Georgia, 5. Nays: Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 6.
It was moved and seconded to agree to the following clause in the 4th resolution, namely, "to be paid out of the public treasury;" which passed in the negative.
Yeas: Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Connecticut, New York, New Jersey, North Carolina, South Carolina, Georgia, 6.
It was moved and seconded to postpone the consideration of the last clause in the 4th resolution, as reported from the committee, in order to take up the following proposition, offered by Mr. Williamson, as a substitute, namely:—
"to be ineligible to, and incapable of holding, any office under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term for which they are elected."
On the question to postpone, it passed in the affirmative.
Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 6. Nays: Massachusetts, New York, New Jersey, South Carolina, Georgia, 5.
It was then moved and seconded to add, after the word "elected," the words "and for one year thereafter;" which passed in the affirmative.
Yeas: Connecticut, New York, Delaware, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: Massachusetts, New Jersey, Pennsylvania, Georgia, 4.
It was then moved and seconded to agree to the proposition as amended, namely:—
"to be ineligible to, and incapable of holding, any office under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term for which they are elected, and for one year thereafter;"
which passed unanimously in the affirmative.
It was moved and seconded to add the following clause to the 4th resolution, namely, "and to be ineligible and incapable of holding any office under a particular state;" which passed in the negative.
Yeas: Massachusetts, Pennsylvania, Virginia, 3. Nays: Connecticut, New York, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 8. It was moved and seconded to agree to the 5th resolution reported from the committee, namely:—
"Resolved, That each branch ought to possess the right of originating
acts;"
which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock, A.M.
It was moved and seconded to postpone the consideration of the 6th resolution reported from the committee, in order to take up the 7th and 8th resolutions.
On the question to postpone, it passed in the affirmative.
It was moved and seconded to agree to the 1st clause of the 7th resolution, namely:—
"Resolved, That the right of suffrage in the first branch of the national legislature ought not to be according to the rule established in the Articles of Confederation."
Before a determination was taken on the clause, the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to amend the 7th resolution reported from the committee, so as to read as follows, namely:—
"Resolved, That the right of suffrage in the first branch of the legislature of the United States ought to be in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each state."
It was moved and seconded to erase the word "not" from the 1st clause of the 7th resolution, so as to read,—
"Resolved, That the right of suffrage in the second branch of the legislature of the United States ought to be according to the rule established in the Articles of Confederation."
The determination of the house on the motion for erasing the word "not" from the 1st clause of the 7th resolution was postponed, at the request of the deputies of the state of New York, till to-morrow.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to strike the word "not" out of the 1st clause of the 7th resolution reported from the committee. On the question to strike out, it passed in the negative.
Yeas: Connecticut, New York, New Jersey, Delaware, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, Georgia, 6. Divided: Maryland, 1.
It was then moved and seconded to agree to the 1st clause of the 7th resolution, as reported from the committee, namely:—
"Resolved, That the right of suffrage in the first branch of the legislature of the United States ought not to be according to the rule established in the Articles of Confederation, but according to some equitable ratio of representation."
On the question to agree, it passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New York, New Jersey, Delaware, 4. Divided: Maryland, 1.
It was moved and seconded to postpone the further consideration of the 7th, in order to take up the 8th resolution, which passed in the affirmative.
Yeas: Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Delaware, 2.
It was moved and seconded to amend the 8th resolution, reported from the committee, so as to read as follows, namely:—
"Resolved, That in the second branch of the legislature of the United States, each state shall have an equal vote."
Before the determination of the house was taken on the last motion, the house adjourned till to-morrow, at 11 o'clock, A.M.
The following resolution was moved and seconded, namely:—
"Resolved, That, the president be requested to write to the supreme executive of the state of New Hampshire, and inform him that the business before the Convention is of such a nature as to require the immediate attendance of the gentlemen appointed by that state to this Convention."
On the question to agree to this resolution, it passed in the negative.
Yeas: New York, New Jersey, 2. Nays: Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, 5. Divided: Maryland, 1.
It was then moved and seconded to take up the resolution submitted to the consideration of the house yesterday, namely:—
"Resolved, That in the second branch of the legislature of the United States, each state will have an equal vote." After some time passed in debate, the house voted unanimously to adjourn till Monday next, at 11 o'clock, A. M.
It was moved and seconded to agree to the following resolution, namely:—
"Resolved, That in the second branch of the legislature of the United
States, each state shall have an equal vote;"
which passed in the negative.
Yeas: Connecticut, New York, New Jersey, Delaware, Maryland, 5. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, 5. Divided: Georgia, 1.
It was moved and seconded to appoint a committee, to whom the 8th resolution, and so much of the 7th resolution, reported from the committee of the whole house, as has not been decided upon, should be referred.
On the question to agree to this motion, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Jersey, Delaware, 2.
It was moved and seconded that the committee consist of a member from each state. It passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia. 10. Nay: Pennsylvania, 1.
And a committee, by ballot, was appointed, of Mr. Gerry, Mr. Ellsworth, Mr. Yates, Mr. Patterson, Mr. Franklin, Mr. Bedford, Mr. L. Martin, Mr. Mason, Mr. Davie, Mr. Rutledge, and Mr. Baldwin.
And then the house adjourned till Thursday next, at 11 o'clock.
The Hon. Mr. Gerry reported, from the committee to whom were referred the eighth resolution, and such part of the seventh resolution as had not already been decided on by the house, that the committee had directed him to submit the following report to the consideration of the house; and the same, being delivered in at the secretary's table, was read once throughout, and then by paragraphs, and is as follows, namely:—
The committee to whom were referred the 8th resolution reported from the committee of the whole house, and so much of the 7th as hath not been decided on, submit the following report:—
That the subsequent propositions be recommended to the Convention, on condition that both shall be generally adopted.
"1. That, in the first branch of the legislature, each of the states now in the Union be allowed one member for every forty thousand inhabitants of the description reported in the 7th resolution of the committee of the whole house; that each state not containing that number shall be allowed one member; that all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury, but in pursuance of appropriations to be originated by the first branch.
"2. That in the second branch of the legislature, each state shall have an equal vote."
It was moved and seconded to postpone the consideration of the 1st proposition contained in the report, in order to take up the 2d.
On the question to postpone, it passed in the negative.
Yeas: New York, South Carolina, 2. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8.
It was then moved by Mr. Rutledge, and seconded, to postpone the 1st clause of the report, in order to take up the following, namely:—
"That the suffrages of the several states be regulated and proportioned according to the sums to be paid towards the general revenue by the inhabitants of each state, respectively; that an apportionment of suffrages, according to the ratio aforesaid, shall be made and regulated at the end of years from the first meeting of the legislature of the United States, and so from time to time, at the end of every years thereafter, but that for the present, and until the period first above mentioned, shall have one suffrage," &c.[1]
And on the question to postpone, it passed in the negative.
Yea: South Carolina, 1. Nays: Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 8.
And then the house adjourned till to-morrow, at 11 o'clock, A.M.
It was moved and seconded to refer the 1st clause of the 1st proposition reported from the grand committee to a special committee; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.
It was moved and seconded that the committee consist of five members; which was unanimously agreed to.
And a committee was appointed, by ballot, of Mr. G. Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King.
It was moved and seconded to postpone the remainder of the 1st proposition, in order to take up the 2d; which passed in the affirmative.
Yeas: New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 8. Nays: Massachusetts, Connecticut, North Carolina, 3.
It was moved and seconded to postpone the consideration of the 2d proposition; which passed in the affirmative.
Yeas: Connecticut, New Jersey, Delaware, Maryland, Virginia, Georgia, 6. Nays: Pennsylvania, North Carolina, South Carolina, 3. Divided: Massachusetts, New York, 2.
It was moved and seconded to resume the consideration of the 2d clause of the 1st proposition, which had been postponed in order to take up the 2d proposition; which passed in the affirmative.
On the question, Shall the following clause stand as a part of the report? namely,—
"3. That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch,"—
it passed in the affirmative. The votes stood thus:—
Yeas: Connecticut, New Jersey, Delaware, Maryland, North Carolina, 5. Nays: Pennsylvania, Virginia, South Carolina, 3. Divided: Massachusetts, New York, Georgia, 3.
And on a question, moved and seconded, whether the vote so standing was determined in the affirmative, it was decided as follows, that it was:—
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9. Nays: New York, Virginia, 2.
And then the house adjourned till to-morrow, at 11 o'clock, A.M.
A letter from W. Rawle, secretary to the Library Company of Philadelphia, addressed to his excellency, the president of the Convention, enclosing a resolve of that company, granting the use of their books to the members of the Convention, being read,—on motion,—
"Resolved, That the secretary, by letter, present the thanks of the Convention to the directors of the Library Company, for their polite attention."
It was moved and seconded that the second proposition reported from the grand committee stand part of the report, namely, "that in the second branch of the legislature each state shall have an equal vote;" which passed in the affirmative.
Yeas: Connecticut, New York, New Jersey, Delaware, Maryland, North Carolina, 6. Nays: Pennsylvania, Virginia, South Carolina, 3. Divided: Massachusetts, Georgia, 2.
It was then moved and seconded to postpone the consideration of the report from the grand committee until the special committee report; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, 6. Nays: New York, Virginia, North Carolina, South Carolina, Georgia, 5.
And then the house adjourned till Monday next, at 11 o'clock.
The Hon. Daniel Carroll, Esq., one of the deputies from the state of Maryland, attended, and took his seat.
The Hon. Mr. G. Morris, from the committee to whom was referred the 1st clause of the 1st proposition, reported from the grand committee, informed the house that the committee were prepared to report. He then read the report in his place; and the same, being delivered in at the secretary's table, was read once throughout, and then by paragraphs; and is as follows, namely:—
The committee, to whom was referred the 1st clause of the 1st proposition reported from the grand committee, do beg leave to report:—
"1. That in the first meeting of the legislature of the United States,
the first branch thereof consist of fifty-six members; of which number
| New Hampshire shall have | 2 | Delaware shall have | 1 | |
| Massachusetts | 7 | Maryland | 4 | |
| Rhode Island | 1 | Virginia | 9 | |
| Connecticut | 4 | North Carolina | 5 | |
| New York | 5 | South Carolina | 5 | |
| New Jersey | 3 | Georgia | 2 | |
| Pennsylvania | 8 |
"2. But as the present situation of the states may probably alter, as well in point of wealth as in the number of their inhabitants,—that the legislature be authorized from time to time to augment the number of representatives. And in case any of the states hereafter be divided, or any two or more states united, or any new state created within the limits of the United States, the legislature shall possess authority to regulate the number of representatives, in any of the foregoing cases, upon the principles of their wealth and number of inhabitants."
It was moved and seconded to postpone the consideration of the 1st paragraph of the report, in order to take up the 2d; which passed in the affirmative.
On the question to agree to the 2d paragraph of the report, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New York, New Jersey, 2.
It was moved and seconded to refer the 1st paragraph of the report to a committee of one member from each state; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 9. Nays: New York, South Carolina, 2.
And a committee was appointed, by ballot, of the Hon. Mr. King, Mr. Sherman, Mr. Yates, Mr. Brearly, Mr. G. Morris, Mr. Read, Mr. Carroll, Mr. Madison, Mr. Williamson, Mr. Rutledge, and Mr. Houston.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
The Hon. Mr. King, from the grand committee to whom was referred the 1st paragraph of the report of a committee consisting of Mr. G. Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King, informed the house that the committee were prepared to report. He then read the report in his place; and the same, being delivered in at the secretary's table, was again read, and is as follows, namely:—
"That in the original formation of the legislature of the United States,
the first branch thereof shall consist of sixty-five members, of which number
| New Hampshire shall send | 3 | Delaware shall send | 1 | |
| Massachusetts | 8 | Maryland | 6 | |
| Rhode Island | 1 | Virginia | 10 | |
| Connecticut | 5 | North Carolina | 5 | |
| New York | 6 | South Carolina | 5 | |
| New Jersey | 4 | Georgia | 3" | |
| Pennsylvania | 8 |
It was moved and seconded to amend the report by striking out the word "three" in the apportionment of representation to New Hampshire, and inserting the word "two;" which passed in the negative.
Yeas: South Carolina, Georgia, 2. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9.
It was moved and seconded to amend the report by striking out the word "five" in the apportionment of representation to North Carolina, and inserting the word "six;" which passed in the negative.
Yeas: North Carolina, South Carolina, Georgia, 3. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 8.
It was moved and seconded to amend the report by striking out the word "five" in the apportionment of representation to South Carolina, and inserting the word "six;" which passed in the negative.
Yeas: Delaware, North Carolina, South Carolina, Georgia, 4. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, 7.
It was moved and seconded to amend the report by striking out the word "three" in the apportionment of representation to Georgia, and inserting the word "four;" which passed in the negative.
Yeas: Virginia, North Carolina, South Carolina, Georgia, 4. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, 7.
It was moved and seconded to double the number of representatives, in the first branch of the legislature of the United States, apportioned by the report of the grand committee to each state; which passed in the negative. Yeas: Delaware, Virginia, 2. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, North Carolina, South Carolina, Georgia, 9.
On the question to agree to the report of the grand committee, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nays: South Carolina, Georgia, 2.
It was moved and seconded to add the following amendments after the 2d paragraph of the report from the committee consisting of Mr. Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King:—
"That, in order to ascertain alterations in the population and wealth of the states, the legislature of the United States be required to cause a proper census and estimate to be taken once in every term of years."
It was moved and seconded to postpone the consideration of the last motion, in order to take up the following, namely:—
"That the committee of eleven, to whom was referred the report of the committee of five, on the subject of representation, be requested to furnish the Convention with the principles on which they grounded the report;"
which passed in the negative.
Yea: South Carolina, 1. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 10.
And then the house adjourned till to-morrow at 11 o'clock A. M.
The amendment offered to the 2d paragraph of the report from the committee consisting of Mr. G. Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King, being withdrawn, it was moved by Mr. Williamson, and seconded, to substitute the following resolution, namely:—
"Resolved, That, in order to ascertain the alterations that may happen in the population and wealth of the several states, a census shall be taken of the free inhabitants of each state, and three fifths of the inhabitants of the other description, on the first year after this form of government shall have been adopted, and afterwards on every term of years; and the legislature shall alter or augment the representation accordingly."
It was moved and seconded to strike out the words "three fifths of;" which passed in the negative.
Yeas: Delaware, South Carolina, Georgia, 3. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 7.
It was moved by Mr. Rutledge, and seconded, to postpone the consideration of the resolution proposed, in order to take up the following, namely:—
"Resolved, That at the end of years from the meeting of the legislature of the United States, and at the expiration of every years thereafter, the legislature of the United States be required to apportion the representation of the several states, according to the principles of their wealth and population."
On the question to postpone, it passed in the negative.
Yeas: Massachusetts, Pennsylvania, Delaware, South Carolina, Georgia, 6. Nays: Connecticut, New Jersey, Maryland, Virginia, North Carolina, 5.
It was moved and seconded to agree to the 1st clause of the resolution, namely:—
"That, in order to ascertain the alterations that may happen in the population and wealth of the several states, a census shall be taken of the free inhabitants of each state;"
which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, 6. Nays: Delaware, Maryland, South Carolina, Georgia, 4.
It was moved and seconded to adjourn. Passed in the negative.
Yea: Pennsylvania, 1. Nays: Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to agree to the following clause of the resolution, namely:—
"And three fifths of the inhabitants of other descriptions;"
which passed in the negative.
Yeas: Connecticut, Virginia, North Carolina, Georgia, 4. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, 6.
It was moved and seconded to agree to the following clause of the resolution, namely:—
"On the first year after this form of government shall have been
adopted;"
which passed in the affirmative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia North Carolina, South Carolina, 7. Nays: Connecticut, Maryland, Georgia, 3.
It was moved and seconded to fill up the blank with the word "fifteen;" which passed unanimously in the affirmative.
It was moved and seconded to add, after the words "fifteen years," the words "at least;" which passed in the negative. Yeas: Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, 5.
It was moved and seconded to agree to the following clause of the resolution, namely: "And the legislature shall alter or augment the representation accordingly;" which passed unanimously in the affirmative.
On the question to agree to the resolution as amended, it passed unanimously in the negative.
And then the house adjourned till to-morrow, at 11 o'clock, A.M.
It was moved and seconded to add the following clause to the last resolution agreed to by the house, respecting the representation in the first branch of the legislature of the United States, namely:—
"Provided always, That direct taxation ought to be proportioned according to representation;"
which passed unanimously in the affirmative.
It was moved and seconded to postpone the consideration of the 1st clause in the report from the first grand committee; which passed in the affirmative.
It was moved and seconded to add the following: amendment to the last clause adopted by the house, namely,—
"and that the rule of contribution, by direct taxation, for the support of the government of the United States, shall be the number of white inhabitants, and three fifths of every other description in the several states, until some other rule, that shall more accurately ascertain the wealth of the several states, can be devised and adopted by the legislature."
The last amendment being withdrawn, it was moved and seconded to substitute the following, namely,—
"and, in order to ascertain the alteration in the representation which may
be required, from time to time, by the changes in the relative circum-
stances of the states,—
"Resolved, That a census be taken within two years from the first meeting of the legislature of the United States, and once within the term of every years afterwards, of all the inhabitants of the United States, in the manner, and according to the ratio, recommended by Congress in their resolution of , and that the legislature of the United States shall arrange the representation accordingly."
It was moved and seconded so to alter the last clause adopted by the house, that, together with the amendment proposed, the whole should read as follows, namely:—
"Provided always, That representation ought to be proportioned according to direct taxation; and, in order to ascertain the alterations in the direct taxation which may be required, from time to time, by the changes in the relative circumstances of the states,—
"Resolved, That a census be taken within two years from the first meeting of the legislature of the United States, and once within the term of every years afterwards, of all the inhabitants of the United States, in the manner, and according to the ratio, recommended by Congress in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly."
It was moved and seconded to strike out the word "two," and insert the word "six;" which passed in the affirmative.
Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, South Carolina, 5. Nays: Massachusetts, Virginia, North Carolina, Georgia, 4. Divided: Delaware, 1.
It was moved and seconded to fill up the blank with the number "twenty." Passed in the negative.
Yeas: Connecticut, New Jersey, Pennsylvania, 3. Nays: Massachusetts, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7.
It was moved and seconded to fill up the blank with the word "ten;" which passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, New Jersey, 2.
It was moved and seconded to strike out the words "in the manner, and according to the ratio, recommended by Congress in their recommendation of April 18, 1783;" and to substitute the following, namely, "of every description and condition;" which passed in the negative.
Yeas: South Carolina, Georgia, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 8.
The question being about to be put on the clause as amended, the previous question was called for, and passed in the negative.
Yea: New Jersey, 1. Nays: Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Delaware, 1.
On the question to agree to the clause as amended, namely,—
"Provided always, That representation ought to be proportioned according to direct taxation; and, in order to ascertain the alterations in the direct taxation which may be required, from time to time, by the changes in the relative circumstances of the states,—
"Resolved, That a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner, and according to the ratio, recommended by Congress in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly,"—
it passed in the affirmative.
Yeas: Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, Georgia, 6. Nays: New Jersey, Delaware, 2. Divided: Massachusetts, South Carolina, 2.
And then the house adjourned until to-morrow, at 11 o'clock, A. M.
It was moved and seconded to postpone the consideration of that clause in the report of the grand committee, which respects the originating money bills in the first branch, in order to take up the following, namely, "that in the second branch of the legislature of the United States, each state shall have an equal vote."
It was moved and seconded to add the following: amendment to the last clause agreed to by the house, namely:—
"That, from the first meeting of the legislature of the United States, until a census shall be taken, all moneys to be raised for supplying the public treasury by direct taxation shall be assessed on the inhabitants of the several states according to the number of their representatives, respectively, in the first branch."
It was moved and seconded to postpone the consideration of the amendment; which passed in the negative.
Yeas: Connecticut, New Jersey, Delaware, Maryland, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6.
On the question to agree to the amendment, it passed in the negative.
Yeas: Massachusetts, Pennsylvania, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Delaware, Maryland, Virginia, 5.
It was moved and seconded to agree to the following amendment, namely:—
"That, from the first meeting of the legislature of the United States until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several states according to the number of their representatives, respectively, in the first branch;"
which passed in the affirmative.
Yeas: Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Maryland, 3. Divided: Pennsylvania, 1.
It was moved and seconded to reconsider the 2d clause of the report from the committee of five, entered on the journal of the 9th instant; which was unanimously agreed to.
It was moved and seconded to alter the second clause reported from the committee of five, entered on the Journal of the 9th instant, so as to read as follows, namely:—
"But as the present situation of the states may probably alter in the number of their inhabitants, that the legislature of the United States be authorized, from time to time, to apportion the number of representatives. And in case any of the states shall hereafter be divided, or any two or more states united, or any new states created within the limits of the United States, the legislature of the United States shall possess authority to regulate the number of representatives in any of the foregoing cases, upon the principle of their number of inhabitants according to the provisions hereafter mentioned."
And on the question to agree to the clause as amended, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Delaware, 1.
It was moved and seconded to add, after the word "divided," the following words, namely, "or enlarged by addition of territory;" which passed unanimously in the affirmative.
It was moved and seconded to adjourn. Passed in the affirmative.
Yeas: Massachusetts, Connecticut, Delaware, Maryland, North Carolina, South Carolina, 6. Nays: New Jersey, Pennsylvania, Virginia, Georgia, 4.
And then the house adjourned until to-morrow, at 11 o'clock, A. M.
It was moved and seconded to agree to the following proposition, namely:—
"That, to secure the liberties of the states already confederated, the number of representatives, in the first branch, from the states which shall hereafter be established, shall never exceed the representations from such of the thirteen United States as shall accede to this confederation."
On the question to agree to the proposition, it passed in the negative.
Yeas: Massachusetts, Connecticut, Delaware, Maryland, 4. Nays: New Jersey, Virginia, North Carolina, South Carolina, Georgia, 5. Divided: Pennsylvania, 1.
It was moved and seconded to reconsider the two propositions reported from the grand committee, and agreed by the house to stand part of the report entered on the Journal of the 6th instant. It was moved by Mr. Pinckney, and seconded, to postpone the 2d clause of the report from the grand committee, entered on the Journals of the 6th instant, in order to take up the following, namely:—
"That the second branch of the legislature shall have thirty-six members, of which number
| New Hampshire shall have | 2 | Delaware shall have | 1 |
| Massachusetts | 4 | Maryland | 3 |
| Rhode Island | 4 | Virginia | 5 |
| Connecticut | 3 | North Carolina | 3 |
| New York | 3 | South Carolina | 3 |
| New Jersey | 2 | Georgia | 2 |
| Pennsylvania | 4 |
On the question to postpone, it passed in the negative.
Yeas: Pennsylvania, Maryland, Virginia, South Carolina, 4. Nays: Massachusetts, Connecticut, New Jersey, Delaware, North Carolina, Georgia, 6.
And then the house adjourned till Monday.
The question being taken on the whole of the report from the grand committee, as amended, it passed in the affirmative, and is as follows, namely:—
"Resolved, That, in the original formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members, of which number
| New Hampshire shall have | 3 | Delaware shall have | 1 |
| Massachusetts | 8 | Maryland | 6 |
| Rhode Island | 1 | Virginia | 10 |
| Connecticut | 5 | North Carolina | 5 |
| New York | 6 | South Carolina | 5 |
| New Jersey | 4 | Georgia | 3 |
| Pennsylvania | 8 |
"But, as the present situation of the states may probably alter in the number of their inhabitants, the legislature of the United States shall be authorized, from time to time, to apportion the number of representatives. And in case any of the states shall hereafter be divided, or enlarged by addition of territory, or any two or more states united, or any new states created within the limits of the United States, the legislature of the United States shall possess authority to regulate the number of representatives in any of the foregoing cases, upon the principle of their number of inhabitants, according to the provisions hereafter mentioned, namely:—
"Provided always, That representation ought to be proportioned according to direct taxation. And, in order to ascertain the alteration in the direct taxation which may be required, from time to time, by the changes in the relative circumstances of the states,—
"Resolved, That a census be taken within six years of the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner, and according to the ratio, recommended by Congress, in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly. "Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch.
"Resolved, That, in the second branch of the legislature of the United States, each state shall have an equal vote."
Yeas: Connecticut, New Jersey, Delaware, Maryland, North Carolina, 5. Nays: Pennsylvania, Virginia, South Carolina, Georgia, 4. Divided: Massachusetts, 1.
It was moved and seconded to agree to the 1st clause of the 6th resolution reported from the committee of the whole house, namely:—"That the national legislature ought to possess the legislative rights vested in Congress by the Confederation;" which passed unanimously in the affirmative.
It was moved and seconded to commit the 2d clause of the 6th resolution reported from the committee of the whole house; which passed in the negative.
Yeas: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, 5.
It was moved and seconded to adjourn. Passed in the negative.
Yeas: New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, 5. Nays: Massachusetts, Connecticut, Delaware, South Carolina, Georgia, 5.
The motion to adjourn was repeated. Passed in the affirmative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: Connecticut, Delaware, 2. Divided: Georgia, 1.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved by Mr. Sherman, and seconded, to postpone the consideration of the 2d clause of the 6th resolution, reported from the committee of the whole house, in order to take up the following:—
"To make laws binding on the people of the United States in all cases which may concern the common interests of the Union; but not to interfere with the government of the individual states, in any matters of internal police, which respect the government of such states only, and wherein the general welfare of the United States is not concerned;"
which passed in the negative. Yeas: Connecticut, Maryland, 2. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8.
It was moved by Mr. Bedford, and seconded, to alter the 2d clause of the 6th resolution, so as to read as follows, namely,—
"and moreover to legislate, in all cases, for the general interests of the Union; and also in those to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation;"
which passed in the affirmative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, 6. Nays: Connecticut, Virginia, South Carolina, Georgia, 4.
It was moved and seconded to agree to the 2d clause of the 6th resolution, as thus amended. Passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 8. Nays: South Carolina, Georgia, 2.
On the question to agree to the following clause of the 6th resolution, reported from the committee of the whole house, namely,—
"to negative all laws passed by the several states contravening, in the opinion of the national legislature, the articles of union, or any treaties subsisting under the authority of the Union,"—
it passed in the negative.
Yeas: Massachusetts, Virginia, North Carolina, 3. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 7.
It was moved and seconded to agree to the following resolution, namely:—
"Resolved, That the legislative acts of the United States, made by virtue and in pursuance of the articles of union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states, as far as those acts, or treaties, shall relate to the said states, or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the respective laws of the individual states to the contrary notwithstanding."
It passed unanimously in the affirmative.
On the question to agree to the 1st clause of the 9th resolution, reported from the committee of the whole house, namely, "that a national executive be instituted, to consist of a single person," it passed unanimously in the affirmative.
It was moved and seconded to strike the words " national legislature" out of the 2d clause of the 9th resolution, reported from the committee of the whole house, and to insert the words "the citizens of the United States;" which passed in the negative.
Yea: Pennsylvania, 1. Nays: Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to alter the 2d clause of the 9th resolution, reported from the committee of the whole house, so as to read, "to be chosen by electors to be appointed by the several legislatures of the individual states;" which passed in the negative.
Yeas: Delaware, Maryland, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to agree to the following clause, namely, "to be chosen by the national legislature:" which passed unanimously in the affirmative.
It was moved and seconded to postpone the consideration of the following clause, "for the term of seven years;" which was unanimously agreed to.
On the question to agree to the following clause, namely, "with power to carry into effect the national laws," it passed unanimously in the affirmative.
On the question to agree to the following clause, namely, "to appoint to offices in cases not otherwise provided for," it passed unanimously in the affirmative.
It was moved and seconded to strike out the following words, namely, "to be ineligible a second time;" which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Georgia, 6. Nays: Delaware, Virginia, North Carolina, South Carolina, 4.
It was moved and seconded to strike out the words "seven years," and insert the words "good behavior;" which passed in the negative.
Yeas: New Jersey, Pennsylvania, Delaware, Virginia, 4. Nays: Massachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, 6.
It was moved and seconded to strike out the words "seven years;" which passed in the negative.
Yeas: Massachusetts, Pennsylvania, Delaware, North Carolina, 4. Nays: Connecticut, New Jersey, Maryland, Virginia, South Carolina, Georgia, 6.
It was moved and seconded to reconsider the vote to strike out the words "to be ineligible a second time." Passed unanimously (eight states) in the affirmative.
It was moved and seconded to reconsider immediately. Passed in the affirmative.
Yeas: Massachusetts, Connecticut, Delaware, Maryland, North Carolina, South Carolina, 6. Nays: Pennsylvania, Virginia, 2.
It was moved and seconded to reconsider the clause tomorrow. Passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to postpone the consideration of the following clause in the 9th resolution, reported from the committee of the whole house, namely, "for the term of seven years;" which passed unanimously in the affirmative.
It was moved and seconded to postpone the consideration of the remaining clauses of the 9th and the 10th resolutions, in order to take up the 11th resolution; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, Delaware, Maryland, 4. Nays: Pennsylvania, Virginia, South Carolina, 3. Divided: North Carolina, 1.
On the question to agree to the following clause of the 11th resolution, namely, "that a national judiciary be established," it passed unanimously in the affirmative.
On the question to agree to the following clause of the 11th resolution, namely, "to consist of one supreme tribunal," it passed unanimously in the affirmative.
It was moved and seconded to strike out the words "second branch of the national legislature," and to insert the words "national executive," in the 11th resolution; which passed in the negative.
Yeas: Massachusetts, Pennsylvania, 2. Nays: Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, 6.
It was moved and seconded to alter the 3d clause of the 11th resolution, so as to read as follows, namely,—
"the judges of which shall be nominated and appointed by the executive, by and with the advice and consent of the second branch of the legislature of the United States, and every such nomination shall be made at least days prior to such appointment."
It passed in the negative.
Yeas: Massachusetts, Pennsylvania, Maryland, Virginia, 4. Nays: Connecticut, Delaware, North Carolina, South Carolina, 4.
It was moved and seconded to alter the 3d clause of the 11th resolution, so as to read as follows, namely,— "that the judges shall be nominated by the executive; and such nomination shall become an appointment, if not disagreed to, within days, by two thirds of the second branch of the legislature."
It was moved and seconded to postpone the consideration of the last amendment; which was unanimously agreed to.
On the question to agree to the following clause of the 11th resolution, namely, "to hold their offices during good behavior," it passed unanimously in the affirmative.
On the question to agree to the following clause of the 11th resolution, namely, "to receive punctually, at stated times, a fixed compensation for their services," it passed unanimously in the affirmative.
It was moved and seconded to strike the words "increase or" out of the 11th resolution; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, 6. Nays: Virginia, North Carolina, 2.
On the question to agree to the clause as amended, namely, "to receive punctually, at stated times, a fixed compensation for their services, in which no diminution shall be made so as to affect the persons actually in office at the time of such diminution," it passed unanimously in the affirmative.
On the question to agree to the 12th resolution, namely,—
"That the national legislature be empowered to appoint inferior tribu-
nals,"—
it passed unanimously in the affirmative.
It was moved and seconded to strike the words "impeachments of national officers" out of the 13th resolution, which passed unanimously in the affirmative.
It was moved and seconded to alter the 13th resolution, so as to read as follows, namely:—
"That the jurisdiction of the national judiciary shall extend to cases arising under laws passed by the general legislature, and to such other questions as involve the national peace and harmony;"
which passed unanimously in the affirmative.
On the question to agree to the 14th resolution, namely,—
"Resolved, That provision ought to be made for the admission of states, lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole,"—
it passed unanimously in the affirmative. On the question to agree to the 1st clause of the 15th resolution reported from the committee of the whole house, it passed in the negative.
Yeas: Virginia, North Carolina, 2. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 7.
On the question to agree to the last clause of the 15th resolution, it passed unanimously in the negative.
It was moved and seconded to alter the 16th resolution, so as to read as follows, namely, "that a republican form of government shall be guarantied to each state; and that each state shall be protected against foreign and domestic violence;" which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to reconsider the several clauses of the 9th resolution which respect the appointment, duration, and eligibility, of the national executive; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 9. Nay: North Carolina, 1.
North Carolina withdrew their negative; and it was unanimously agreed to reconsider immediately.
It was moved by Mr. Ellsworth, and seconded, to agree to the following proposition, namely:—
"To be chosen by electors appointed for that purpose by the legislatures of the states in the following proportion:—
"One person from each state whose numbers, according to the ratio fixed in the resolution, shall not exceed 100,000; two from each of the others, whose numbers shall not exceed 300,000 ; and three from each of the rest."
On the question to agree to the following clause, namely, "to be chosen by electors appointed for that purpose," it passed in the affirmative.
Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 6. Nays: North Carolina, South Carolina, Georgia, 3. Divided: Massachusetts, 1.
On the question to agree to the following clause, "by the legislatures of the states," it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, Georgia, 8. Nays: Virginia, South Carolina, 2. It was agreed to postpone the consideration of the remainder of the propositions.
It was moved and seconded to agree to the following clause, namely, "for the term of seven years," which passed in the negative.
Yeas: New Jersey, South Carolina, Georgia, 3. Nays: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, 5. Divided: Massachusetts, North Carolina, 2.
On the question to agree to the following clause, namely, "for the term of six years," it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1.
On the question to restore the words "to be ineligible a second time," it passed in the negative.
Yeas: North Carolina, South Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Georgia, 8.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved by Mr. Gerry, and seconded, to postpone the consideration of the clause respecting the number of electors, entered on the Journal yesterday, in order to take up the following, namely:—
"Resolved, That for the first election of the supreme executive, the
proportion of electors shall be as follows, namely:—
| New Hampshire | 1 | Delaware | 1 | |
| Massachusetts | 3 | Maryland | 2 | |
| Rhode Island | 1 | Virginia | 3 | |
| Connecticut | 2 | North Carolina | 2 | |
| New York | 2 | South Carolina | 2 | |
| New Jersey | 2 | Delaware | 1 | |
| Pennsylvania | 3 |
On the question to postpone, it passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New Jersey, Delaware, Maryland, 4.
It was moved and seconded to refer the last motion to a committee; which passed in the negative.
Yeas: New Jersey, Delaware, Maryland, 3. Nays: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7.
It was moved and seconded to add one elector to the states of New Hampshire and Georgia; which passed in the affirmative. Yeas: Connecticut, New Jersey, Pennsylvania, Virginia, South Carolina, Georgia, 6. Nays: Massachusetts, Delaware, Maryland, North Carolina, 4.
The last motion having been misunderstood, it was moved and seconded that it be put again.
And on the question to give an additional elector to each of the states of New Hampshire and Georgia, it passed in the negative.
Yeas: Connecticut, South Carolina, Georgia, 3. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7.
On the question to agree to the above resolution, respecting the first election of the supreme executive, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, 6. Nays: New Jersey, Delaware, Maryland, Georgia, 4.
It was moved and seconded to agree to the following resolution:—
"Resolved, That the electors respectively shall not be members of the national legislature, or officers of the Union, or eligible to the office of supreme magistrate."
Passed in the affirmative.
It was moved and seconded to agree to the following clause of the 9th resolution reported from the committee of the whole house, namely, "to be removable on impeachment and conviction of malpractice, or neglect of duty."
It was moved and seconded to postpone the consideration of the last motion; which passed in the negative.
Yeas: Massachusetts, South Carolina, 2. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8.
It was moved and seconded to agree to the clause; which passed in the affirmative.
Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Massachusetts, South Carolina, 2.
It was moved and seconded to agree to the following clause, namely, "to receive a fixed compensation for the devotion of his time to public service;" which passed unanimously in the affirmative.
It was moved and seconded to agree to the following clause, namely, "to be paid out of the national treasury;" which passed in the affirmative. Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: New Jersey, 1.
It was moved and seconded to adjourn. Passed in the affirmative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 8. Nays : Connecticut, North Carolina, 2.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to add the following clause to the resolution respecting the electors of the supreme executive, namely, "who shall be paid out of the national treasury, for the devotion of their time to the public service;" which passed in the affirmative.
It was moved and seconded to add, after the words "national executive," in the 10th resolution, the words "together with the supreme national judiciary;" which passed in the negative.
Yeas: Connecticut, Maryland, Virginia, 3. Nays: Massachusetts, Delaware, North Carolina, South Carolina, 4. Divided: Pennsylvania, Georgia, 2.
It was moved and seconded to agree to the 10th resolution, as reported from the committee of the whole house, namely:—
"Resolved, That the national executive shall have a right to negative
any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature;"
which passed unanimously in the affirmative.
On the question to agree to the following amendment of the 3d clause of the 11th resolution, namely, "that the judges shall be nominated by the executive, and such nomination shall become an appointment, if not disagreed to by the second branch of the legislature," it passed in the negative.
Yeas: Massachusetts, Pennsylvania, Virginia, 3. Nays: Connecticut, Delaware, Maryland, North Carolina, Georgia, 5.
On the question to agree to the following clause of the 11th resolution, as reported from the committee of the whole house, namely, "the judges of which shall be appointed by the second branch of the national legislature," it passed in the affirmative.
Yeas: Connecticut, Delaware, Maryland, North Carolina, South Carolina, Georgia, 6. Nays: Massachusetts, Pennsylvania, Virginia, 3.
And then the house adjourned till Monday next. The Hon. John Langdon and Nicholas Gilman, Esqrs. deputies from the state of New Hampshire, attended and took their seats.
The following credentials were produced and read. [See Credentials.]
On the question to agree to the 17th resolution, as reported from the committee of the whole house, namely, "that provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary," it passed unanimously in the affirmative.
It was moved and seconded to add, after the word "states," in the 18th resolution, the words "and of the national government," which passed in the affirmative.
On the question to agree to the 18th resolution, as amended, namely, "that the legislative, executive, and judiciary powers within the several states, and of the national government, ought to be bound by oath to support the articles of union," it passed unanimously in the affirmative.
It was moved and seconded to strike the following words out of the 19th resolution, reported from the committee of the whole house, namely, "to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people to consider and decide thereon;" which passed in the negative.
Yeas: Connecticut, Delaware, Maryland, 3. Nays: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7.
On the question to agree to the 19th resolution, as reported from the committee of the whole house, namely,—
"Resolved, That the amendments which shall be offered to the Confederation by the Convention ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people to consider and decide thereon,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1.
It was moved and seconded to agree to the following resolution, namely:—
"Resolved, That the representation in the second branch of the legislature of the United States consist of members from each state, who shall vote per capita." It was moved and seconded to fill up the blank with the word "three;" which passed in the negative.
Yea: Pennsylvania, 1. Nays: New Hampshire, Massachusetts, Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to fill up the blank with the word "two;" which was unanimously agreed to.
On the question to agree to the resolution as filled up, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Maryland, 1.
It was moved and seconded to reconsider that clause of the resolution respecting the appointment of the supreme executive; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Delaware, North Carolina, South Carolina, Georgia, 7. Nays: Pennsylvania, Maryland, Virginia, 3.
And to-morrow was assigned for the reconsideration.
Yeas: New Hampshire, Massachusetts, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, Pennsylvania, 2.
Motion to adjourn. Negatived unanimously.
It was moved and seconded that the proceedings of the Convention for the establishment of a national government, except what respects the supreme executive, be referred to a committee for the purpose of reporting a constitution, conformably to the proceedings aforesaid ; which passed unanimously in the affirmative.
On the question that the committee consist of a member from each state, it passed in the negative.
Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
On the question that the committee consist of seven, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Maryland, South Carolina, 5. Nays: Pennsylvania, Delaware, Virginia, North Carolina, Georgia, 5.
On the question that the committee consist of five, it passed unanimously in the affirmative—to-morrow assigned for appointing the committee. And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to strike the following words out of the resolution respecting the supreme executive, namely, "by electors appointed for that purpose by the legislature of the states," and to insert the words "by the national legislature:" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Delaware, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, Pennsylvania, Maryland, Virginia, 4.
It was moved and seconded to strike out the word "six," and to insert the word "fifteen."
It was moved and seconded to postpone the consideration of the resolution respecting the executive; which passed in the negative.
Yeas: Connecticut, Pennsylvania, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, 6. Divided: Delaware, 1.
It was moved by Mr. Wilson, and seconded, to agree to the following: resolution, namely:—
"Resolved, That the supreme executive shall be chosen every years by electors, to be taken by lot from the national legislature; the electors, to proceed immediately to the choice of the executive, and not to separate until it be made."
The question of order to be taken on the last motion, it was determined that the motion is in order.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 7. Nays: Connecticut, North Carolina, South Carolina, Georgia, 4.
On the question to postpone the consideration of the resolution, it passed unanimously in the affirmative.
The house then proceeded to ballot for the committee of detail, when the Hon. Mr. Rutledge. Mr. Randolph, Mr. Gorham, Mr. Ellsworth, and Mr. Wilson, were chosen.
It was moved and seconded to discharge the committee of the whole house from acting on the propositions submitted to the Convention by the Hon. Mr. C. Pinckney, and that the said propositions be referred to the committee to whom the proceedings of the Convention are referred; which passed unanimously in the affirmative.
It was moved and seconded to take the like order on the propositions submitted to the Convention by the Hon. Mr. Patterson, which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved by Mr. Ellsworth, and seconded, to agree to the following amendment to the resolution respecting the election of the supreme executive, namely,—
"except when the magistrate last chosen shall have continued in office
the whole term for which he was chosen, and be reëligible; in which case the choice shall be by electors appointed for that purpose by the several legislatures."
Passed in the negative.
Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, 4. Nays: Massachusetts, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7.
It was moved by Mr. Pinckney, and seconded, to agree to the following amendment of the resolution respecting the supreme executive, namely:—
"Provided, That no person shall be capable of holding the said office for more than six years in any term of twelve."
It was moved and seconded to postpone the consideration of the last amendment; which passed in the negative.
Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, Delaware, North Carolina, South Carolina, Georgia, 6.
On the question to agree to the amendment, it passed in the negative.
Yeas: New Hampshire, Massachusetts, North Carolina, South Carolina, Georgia. 5. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 6.
It was moved and seconded that the members of the committee be furnished with copies of the proceedings; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 10. Nay: South Carolina, 1.
It was moved and seconded that members of the house take copies of the resolutions which have been agreed to. Passed in the negative.
Yeas: Connecticut, New Jersey, Delaware, Virginia, North Carolina, 5. Nays: New Hampshire, Massachusetts, Pennsylvania, Maryland, South Carolina, Georgia, 6. It was moved and seconded to refer the resolution respecting the executive (except that clause which provides that it consist of a single person) to the committee of detail.
Before determination was taken on the last motion, it was moved and seconded to adjourn. Passed in the affirmative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Connecticut, 2.
The house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to amend the 3d clause of the resolution respecting the national executive, so as to read as follows, namely, "for the term of seven years, to be ineligible a second time;" which passed in the affirmative.
Yeas: New Hampshire, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, Pennsylvania, Delaware, 3.
On the question to agree to the whole resolution respecting the supreme executive, namely,—
"Resolved, That a national executive be instituted—
"To consist of a single person;
"To be chosen by the national legislature;
"For the term of seven years;
"To be ineligible a second time;
"With power to carry into execution the national laws;
"To appoint officers not otherwise provided for;
"To be removable on impeachment and conviction of malpractice or neglect of duty;
"To receive a fixed compensation for the devotion of his time to public service;
"To be paid out of the public treasury,"—
it passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, Maryland, 3. Divided: Virginia, 1.
It was moved and seconded to agree to the following resolution, namely:—
"Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of landed property and citizenship in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States; and for disqualifying all such persons as are indebted to, or have unsettled accounts with, the United States, from being members of either branch of the national legislature."
It was moved and seconded to strike out the word "landed." It passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.
On the question to agree to the clause respecting the qualification as amended, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, Pennsylvania, Delaware, 3.
It was moved and seconded to add the words "and pensioners of the government of the United States," to the clause of disqualification; which passed in the negative.
Yeas: Massachusetts, Maryland, Georgia, 3. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, South Carolina, 7. Divided: North Carolina, 1.
It was moved and seconded to strike out the following words, namely, "or have unsettled accounts with;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 9. Nays: New Jersey, Georgia, 2.
On the question to agree to the clause of disqualification as amended, it passed in the negative.
Yeas: North Carolina, Georgia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, 9.
It was moved and seconded to agree to the following resolution, namely:—
"Resolved, That it be an instruction to the committee to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses for preventing the seat of the national government being in the same city or town with the seat of the government of any state, longer than until the necessary public buildings can be erected."
It was moved and seconded to postpone the consideration of the last resolution.
It was moved and seconded to refer such proceedings of the Convention, as have been agreed on since Monday last, to the committee of detail; which passed unanimously in the affirmative. And then the house, by unanimous vote, adjourned, till Monday, August 6. RESOLUTIONS OF THE CONVENTION,
REFERRED, ON THE TWENTY-THIRD AND TWENTY-SIXTH OF JULY 1787, TO A COMMITTEE OF DETAIL, [MESSRS RUTLEDGE, RANDOLPH, GORHAM, ELLSWORTH, AND WILSON,] FOR THE PURPOSE OF REPORTING A CONSTITUTION.
Journals.
| June 2. |
"I. Resolved, That the government of the United States ought to consist of a supreme legislative, judiciary, and executive. | |||||||||||||||||||||||||||||||||||
| "II. Resolved, That the legislature consist of two branches. | ||||||||||||||||||||||||||||||||||||
| 21. 22. 23. |
"III. Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several states, for the term of two years; to be paid out of the public treasury; to receive an adequate compensation for their services; to be of the age of twenty-five years at least; to be ineligible to, and incapable of holding, any office under the authority of the United States, (except those peculiarly belonging to the functions of the first branch,) during the term of service of the first branch. | |||||||||||||||||||||||||||||||||||
| 25. | "IV. Resolved, That the members of the second branch of the legislature of the United States ought to be chosen by the individual legislatures; to be of the age of thirty years at least; to hold their offices for six years, one third to go out biennially; to receive a compensation for the devotion of their time to the public service; to be ineligible to, and incapable of holding, any office under the authority of the United States, (except those peculiarly belonging to the functions of the second branch,) during the term for which they are elected, and for one year thereafter. | |||||||||||||||||||||||||||||||||||
| "V. Resolved, That each branch ought to possess the right of originating acts. | ||||||||||||||||||||||||||||||||||||
| Postponed, 27. "VI. Resolved, That the national legislature ought to possess | ||||||||||||||||||||||||||||||||||||
| July 16. 17. |
the legislative rights vested in Congress by the Confederation; and moreover, to legislate, in all cases, for the general interests of the Union, and also in those to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation. | |||||||||||||||||||||||||||||||||||
| "VII. Resolved, That the legislative acts of the United States, made by virtue, and in pursuance, of the articles of union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states, as far as those acts or treaties shall relate to the said states, or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the respective laws of the individual states to the contrary notwithstanding. | ||||||||||||||||||||||||||||||||||||
| 16. | "VIII. Resolved, That, in the original formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members, of which number
But as the present situation of the states may probably alter in the number of their inhabitants, the legislature of the United States | |||||||||||||||||||||||||||||||||||
| July | shall be authorized, from time to time, to apportion the number of representatives; and in case any of the states shall hereafter be divided, or enlarged by addition of territory, or any two or more states united, or any new states created within the limits of the United States, the legislature of the United States shall possess authority to regulate the number of representatives, in any of the foregoing cases, upon the principle of their number of inhabitants, according to the provisions hereafter mentioned, namely:—Provided always, that representation ought to be proportioned according to direct taxation. And in order to ascertain the alteration in the direct taxation which may be required, from time to time, by the changes in the relative circumstances of the states,— |
| "IX. Resolved, That a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner and according to the ratio recommended by Congress in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly. | |
| 16. | "X. Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch. |
| "XI. Resolved, That, in the second branch of the legislature of the United States, each state shall have an equal vote. | |
| 26. | "XII. Resolved, That a national executive be instituted, to consist of a single person, to be chosen by the national legislature, for the term of seven years; to be ineligible a second time; with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; to be removable on impeachment and conviction of malpractice or neglect of duty; to receive a fixed compensation for the devotion of his time to public service, to be paid out of the public treasury. |
| 21. | "XIII. Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature. |
| 18. 21. 18. |
"XIV. Resolved, That a national judiciary be established, to consist of one supreme tribunal, the judges of which shall be appointed by the second branch of the national legislature; to hold their offices during good behavior; to receive punctually, at stated times, a fixed compensation for their services, in which no diminution shall be made, so as to affect the persons actually in office at the time of such diminution. |
| "XV. Resolved, That the national legislature be empowered to appoint inferior tribunals. | |
| 18. | "XVI. Resolved, That the jurisdiction of the national judiciary shall extend to cases arising under laws passed by the general legislature, and to such other questions as involve the national peace and harmony |
| July | "XVII. Resolved, That provision ought to be mace for the admission of new states lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole. |
| "XVIII. Resolved, That a republican form of government shall be guarantied to each state; and that each state shall be protected against foreign and domestic violence. | |
| 23. | "XIX. Resolved, That provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary. |
| "XX. Resolved, That the legislative, executive, and judiciary powers, within the several states, and of the national government, ought to be bound, by oath, to support the articles of union. | |
| "XXI. Resolved, That the amendments which shall be offered to the Confederation by the Convention ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon. | |
| "XXII. Resolved, That the representation in the second branch of the legislature of the United States consist of two members from each state, who shall vote per capita. | |
| 26. | "XXIII. Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of property and citizenship, in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States." |
The propositions offered to the Convention, on the 29th of May, by Mr. C. Pinckney, and on the 15th of June, by Mr. Patterson, were referred to the committee, with the above resolutions.
The house met agreeably to adjournment.
The Hon. John Francis Mercer, Esq., one of the deputies from the state of Maryland, attended, and took his seat.
The Hon. Mr. Rutledge, from the committee to whom were referred the proceedings of the Convention for the purpose of reporting a constitution for the establishment of a national government, conformable to the proceedings, informed the house that the committee were prepared to report.
The report was then delivered in at the secretary's table; and, being read once throughout, and copies thereof given to the members, it was moved and seconded to adjourn till Wednesday morning; which passed in the negative.
Yeas: Pennsylvania, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, 5. The house then adjourned till to-morrow morning, at 11 o'clock.
DRAFT OF A CONSTITUTION,
reported by the committee of five, august 6, 1787
[One copy of this printed draft is among the papers deposited by President Washington in the Department of State; another copy is among the papers of Mr. Brearly, furnished by General Bloomfield.]
"We, the people of the states of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare, and establish, the following Constitution for the government of ourselves and our posterity:—
"Art. I. The style of this government shall be, 'The United States of America.'
"Art. II. The government shall consist of supreme legislative, executive, and judicial powers.
"Art. III. The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate, each of which shall, in all cases, have a negative on the other. The legislature shall meet on the first Monday in December every year.
"Art. IV. Sect. 1. The members of the House of Representatives shall be chosen every second year, by the people of the several states comprehended within the Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several states, of the most numerous branch of their own legislatures.
"Sect. 2. Every member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen in the United States for at least three years before his election; and shall be, at the time of his election, a resident of the state in which he shall be chosen.
"Sect. 3. The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner hereinafter described, consist of sixty-five members, of whom three shall be chosen in New Hampshire, eight in Massachusetts, one in Rhode Island and Providence Plantations, five in Connecticut, six in New York, four in New Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North Carolina, five in South Carolina, and three in Georgia.
"Sect. 4. As the proportions of numbers in the different states will alter from time to time; as some of the states may hereafter be divided; as others may be enlarged by addition of territory; as two or more states may be united; as new states will be erected within the limits of the United States,—the legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions hereinafter made, at the rate of one for every forty thousand.
"Sect. 5. All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public treasury but in pursuance of appropriations that shall originate in the House of Representatives.
"Sect. 6. The House of Representatives shall have the sole power of impeachment. It shall choose its speaker and other officers. "Sect. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the states in the representation from which they shall happen.
"Art. V. Sect. I. The Senate of the United States shall be chosen by the legislatures of the several states. Each legislature shall choose two members. Vacancies may be supplied by the executive, until the next meeting of the legislature. Each member shall have one vote.
"Sect. 2. The senators shall be chosen for six years; but immediately after the first election, they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two, and three. The seats of the members of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; of the third class at the expiration of the sixth year:—so that a third part of the members may be chosen every second year.
"Sect. 3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen of the United States for at least four years before his election; and shall be, at the time of his election, a resident of the state for which he shall be chosen.
"Sect. 4. The Senate shall choose its own president and other officers.
"Art. VI. Sect. 1. The times and places, and the manner, of holding the elections of the members of each house, shall be prescribed by the legislature of each state; but their provisions concerning them may, at any time, be altered by the legislature of the United States.
"Sect. 2. The legislature of the United States shall have authority to establish such uniform qualifications of the members of each house, with regard to property, as to the said legislature shall seem expedient.
"Sect. 3. In each house a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day.
"Sect. 4. Each house shall be the judge of the elections, returns, and qualifications, of its own members.
"Sect. 5. Freedom of speech and debate in the legislature shall not be impeached or questioned in any court or place out of the legislature; and the members of each house shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at Congress, and in going to and returning from it.
"Sect. 6. Each house may determine the rules of its proceedings; may punish its members for disorderly behavior; and may expel a member.
"Sect. 7. The House of Representatives, and the Senate when it shall be acting in a legislative capacity, shall keep a journal of their proceedings, and shall, from time to time, publish them; and the yeas and nays of the members of each house, on any question, shall, at the desire of one fifth part of the members present, be entered on the journal.
"Sect. 8. Neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that at which the two houses are sitting. But this regulation shall not extend to the Senate when it shall exercise the powers mentioned in the article.
"Sect. 9. The members of each house shall be ineligible to, and incapable of holding, any office under the authority of the United States, during the time for which they shall respectively be elected; and the members of the Senate shall be ineligible to, and incapable of holding, any such office for one year afterwards.
"Sect. 10. The members of each house shall receive a compensation for their services, to be ascertained and paid by the state in which they shall be chosen.
"Sect. 11. The enacting style of the laws of the United States shall be, 'Be it enacted, and it is hereby enacted, by the House of Representatives, and by the Senate, of the United States, in Congress assembled.'
"Sect. 12. Each house shall possess the right of originating bills, except in the cases before mentioned.
"Sect. 13. Every bill, which shall have passed the House of Representatives, and the Senate, shall, before it become a law, be presented to the President of the United States, for his revision. If, upon such revision, he approve of it, he shall signify his approbation by signing it; but if, upon such revision, it shall appear to him improper for being passed into a law, he shall return it, together with his objections against it, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider the bill; but if, after such reconsideration, two thirds of that house shall, notwithstanding the objections of the President, agree to pass it, it shall, together with his objections, be sent to the other house, by which it shall likewise be reconsidered; and if approved by two thirds of the other house also, it shall become a law. But, in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the bill shall be entered in the journal of each house respectively. If any bill shall not be returned by the President within seven days after it shall have been presented to him, it shall be a law, unless the legislature, by their adjournment, prevent its return; in which case, it shall not be a law.
"Art. VII. Sect. 1. The legislature of the United States shall have the power to lay and collect taxes, duties, imposts, and excises;
"To regulate commerce with foreign nations, and among the several states;
"To establish a uniform rule of naturalization throughout the United States;
"To coin money;
"To regulate the value of foreign coin;
"To fix the standard of weights and measures;
"To establish post-offices;
"To borrow money and emit bills on the credit of the United States;
"To appoint a treasurer by ballot;
"To constitute tribunals inferior to the Supreme Court;
"To make rules concerning captures on land and water;
"To declare the law and punishment of piracies and felonies committed on the high seas, and the punishment of counterfeiting the coin of the United States, and of offences against the law of nations;
"To subdue a rebellion in any state, on the application of its legislature;
"To make war;
"To raise armies;
"To build and equip fleets;
"To call forth the aid of the militia, in order to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions; and,
"To make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the government of the United States, or in any department or officer thereof.
" Sect. 2. Treason against the United States shall consist only in levying war against the United States, or any of them, and in adhering to the enemies of the United States, or any of them. The legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attainted.
"Sect. 3. The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every sex and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes;) which number shall, within six years after the first meeting of the legislature, and within the term of every ten years afterwards, be taken in such manner as the said legislature shall direct.
"Sect. 4. No tax or duty shall be laid by the legislature on articles exported from any state; nor on the migration or importation of such persons as the several states shall think proper to admit; nor shall such migration or importation be prohibited.
"Sect. 5. No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken.
"Sect. 6. No navigation act shall be passed without the assent of two thirds of the members present in each house.
"Sect. 7. The United States shall not grant any title of nobility.
"Art. VIII. The acts of the legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions; any thing in the constitutions or laws of the several states to the contrary notwithstanding.
"Art. IX. Sect. 1. The Senate of the United States shall have power to make treaties, and appoint ambassadors, and judges of the Supreme Court.
"Sect. 2. In all disputes and controversies now subsisting, or that may hereafter subsist, between two or more states, respecting jurisdiction or territory, the Senate shall possess the following powers: Whenever the legislature, or the executive authority, or the lawful agent of any state in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing, notice of such memorial and application shall be given, by order of the Senate, to the legislature, or the executive authority of the other state in controversy. The Senate shall assign a day for the appearance of the parties, by their agents, before that house. The agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question.
" But if the agents cannot agree, the Senate shall name three persons out of each of the several states: and from the list of such persons each party shall, alternately, strike out one, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names, as the Senate shall direct, shall in their presence be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges, who shall hear the cause, agree in the determination. If either party shall neglect to attend at the day assigned without showing sufficient reasons for not attending; or, being present shall refuse to strike, the Senate shall proceed to nominate three persons out of each state, and the clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such court, or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the president of the Senate, and shall be lodged among the public records for the security of the parties concerned. Every commissioner shall, before he sit in judgment, take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, 'well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward.'
"Sect. 3. All controversies concerning lands claimed under different grants of two or more states, whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequent to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different states.
"Art. X. Sect. 1. The executive power of the United States shall be vested in a single person. His style shall be, 'The President of the United States of America;' and his title shall be, 'His Excellency.' He shall be elected by ballot by the legislature. He shall hold his office during the term of seven years, but shall not be elected a second time.
"Sect. 2. He shall, from time to time, give information to the legislature of the state of the Union. He may recommend to their consideration such measures as he shall judge necessary and expedient. He may convene them on extraordinary occasions. In cases of disagreement between the two houses with regard to the time of adjournment, he may adjourn them to such time as he thinks proper. He shall take care that the laws of the United States be duly and faithfully executed. He shall commission all the officers of the United States, and shall appoint officers in all cases not otherwise provided for by this Constitution. He shall receive ambassadors, and may correspond with the supreme executives of the several states. He shall have power to grant reprieves and pardons; but his pardon shall not be pleadable in bar of an impeachment. He shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states. He shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following oath or affirmation: 'I, ————, solemnly swear (or affirm) that I will faithfully execute the office of President of the United States of America.' He shall be removed from his office on impeachment by the House of Representatives, and conviction in the Supreme Court, of treason, bribery, or corruption. In case of his removal as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the president of the Senate shall exercise those powers and duties until another President of the United States be chosen, or until the disability of the President be removed.
"Art. XI. Sect. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as shall, when necessary, from time to time, be constituted by the legislature of the United States. "Sect. 2. The judges of the Supreme Court, and of the inferior courts shall hold their offices during good behavior. They shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.
"Sect. 3. The jurisdiction of the Supreme Court shall extend to all cases arising under laws passed by the legislature of the United States; to all cases affecting ambassadors, other public ministers, and consuls; to the trial of impeachments of officers of the United States; to all cases of admiralty and maritime jurisdiction; to controversies between two or more states, except such as shall regard territory or jurisdiction; between a state and citizens of another state; between citizens of different states; and between a state, or the citizens thereof, and foreign states, citizens, or subjects. In cases of impeachment, cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, with such exceptions and under such regulations as the legislature shall make. The legislature may assign any part of the jurisdiction above mentioned, (except the trial of the President of the United States,) in the manner, and under the limitations, which it shall think proper, to such inferior courts as it shall constitute from time to time.
"Sect. 4. The trial of all criminal offences (except in cases of impeachments) shall be in the state where they shall be committed, and shall be by jury.
"Sect. 5. Judgment, in cases of impeachment, shall not extend farther than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States. But the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law.
"Art. XII. No state shall coin money; nor grant letters of marque and reprisal; nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.
"Art. XIII. No state, without the consent of the legislature of the United States, shall emit bills of credit, or make any thins but specie a tender in payment of debts; lay imposts or duties on imports; nor keep troops or ships of war in time of peace: nor enter into any agreement or compact with another state, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of a delay until the legislature of the United States can be consulted.
"Art. XIV. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
"Art. XV. Any person charged with treason, felony, or high misdemeanor, in any state, who shall flee from justice, and shall be found in any other state, shall, on demand of the executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of the offence.
"Art. XVI. Full faith shall be given in each state to the acts of the legislatures, and to the records and judicial proceedings of the courts and magistrates of every other state.
"Art. XVII. New states, lawfully constituted or established within the limits of the United States, may be admitted by the legislature into this government; but to such admission the consent of two thirds of the members present in each house shall be necessary. If a new state shall arise within the limits of any of the present states, the consent of the legislature of such states shall be also necessary to its admission. If the admission be consented to, the new states shall be admitted on the same terms with the original states. But the legislature may make conditions with the new states concerning the public debt which shall be then subsisting.
"Art. XVIII. The United States shall guaranty to each state a republican form of government; and shall protect each state against foreign invasions; and, on the application of its legislature, against domestic violence.
"Art. XIX. On the application of the legislature of two thirds of the states in the Union for an amendment of this Constitution, the legislature of the United States shall call a convention for that purpose.
"Art. XX. The members of the legislatures, and the executive and judicial officers of the United States, and of the several states, shall be bound by oath to support this Constitution.
"Art. XXI. The ratification of the conventions of states shall be sufficient for organizing this Constitution.
"Art. XXII. This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention that it should be afterwards submitted to a convention chosen in each state, under the recommendation of its legislature, in order to receive the ratification of such convention.
"Art. XXIII. To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the conventions of states, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution; that, after such publication, the legislatures of the several states should elect members of the Senate, and direct the election of members of the House of Representatives; and that the members of the legislature should meet at the time and place assigned by Congress, and should, as soon as may be, after their meeting, choose the President of the United States, and proceed to execute this Constitution."
It was moved and seconded to refer the report of the committee of detail to a committee of the whole; which passed in the affirmative.
Yeas: Pennsylvania, Delaware, Maryland, Virginia, South Carolina, 5. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, 4.
Delaware being unrepresented during the debate, a question was again taken on referring to a committee of the whole, and passed in the negative.
Yeas: Delaware, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, North Carolina, South Carolina, 6.
On the question to agree to the preamble to the Constitution, as reported from the committee to whom were referred the proceedings of the Convention, it passed unanimously in the affirmative.
On the question to agree to the 1st article, as reported, it passed in the affirmative.
On the question to agree to the 2d article, as reported, it passed in the affirmative.
It was moved and seconded to alter the 2d clause of the 3d article, so as to read, "each of which shall, in all cases, have a negative on the legislative acts of the other:" which passed in the negative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, North Carolina, 5. Nays: Delaware, Maryland, Virginia, South Carolina, Georgia, 5.
On the question to strike the following clause out of the 3d article, namely, "each of which shall, in all cases, have a negative on the other," it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 7. Nays: Connecticut, Maryland, North Carolina, 3.
It was moved by Mr. Randolph, and seconded, to add the following words to the last clause of the 3d article, "unless a different day shall be appointed by law;" which passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: New Hampshire, Connecticut, 2.
It was moved and seconded to strike out the word "December," and insert the word "May," in the 3d article; which passed in the negative.
Yeas: South Carolina, Georgia, 2. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 8.
It was moved and seconded to insert, after the word "senate," in the 3d article, the following, namely, "subject to the negative hereafter mentioned;" which passed in the negative.
Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to amend the last clause of the 3d article, so as to read as follows, namely: —
"The legislature shall meet at least once in every year, and such meeting snail be on the first Monday in December, unless a different day shall be appointed by law;"
which passed in the affirmative. It was moved and seconded to strike out the last clause in the 1st section of the 4th article; which passed in the negative.
Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, 7. Divided: Maryland, 1.
It was moved and seconded to adjourn; which passed in the negative.
Yeas: Pennsylvania, Delaware, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, 5.
It was moved and seconded to adjourn till to-morrow morning, at 10 o'clock; which passed in the negative.
Yeas: New Hampshire, Massachusetts, Connecticut, 3. Nays: Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 5. Divided: South Carolina, 1.
The motion to adjourn renewed. Passed in the affirmative.
Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: New Hampshire, Massachusetts, 2.
The house then adjourned till to-morrow morning, at 11 o'clock.
On the question to agree to the 1st section of the 4th article, as reported, it passed unanimously in the affirmative.
It was moved and seconded to strike out the word "three," and to insert the word "seven," in the 2d section of the 4th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Connecticut, 1.
It was moved and seconded to amend the 2d section of the 4th article by inserting the word "of," instead of "in," after the word " citizen," and the words "an inhabitant," instead of the words "a resident;" which passed in the affirmative.
Yeas: New Jersey, Maryland, Virginia, South Carolina, 4. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, North Carolina, Georgia, 7.
It was moved and seconded to postpone Mr. 's motion, in order to take up Mr. Dickinson's; which passed in the negative.
Yeas: Maryland, South Carolina, Georgia, 3. Nays: Massachusetts, New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, 8.
It was moved and seconded to insert the word "three," which passed in the negative.
Yeas: South Carolina, Georgia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9.
It was moved and seconded to add one year's residence before the election; which passed in the negative.
Yeas: New Jersey, North Carolina, South Carolina, Georgia, 4. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, 6. Divided: Maryland, 1.
On the question to agree to the 2d clause of the 2d section, it passed unanimously in the affirmative.
On the question to agree to the 2d section of the 4th article, as amended, it passed in the affirmative.
It was moved and seconded to strike out the word "five," and to insert the word "six," before the words "in South Carolina," in the 3d section of the 4th article; which passed in the negative.
Yeas: Delaware, North Carolina, South Carolina, Georgia, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, 7.
On the question to agree to the 3d section of the 4th article, as reported, it passed in the affirmative.
It was moved and seconded to alter the latter clause of the 4th article, so as to read as follows, namely,
"according to the rule hereinafter made for direct taxation, not exceeding the rate of one for every forty thousand,
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Jersey, Delaware, 2.
It was moved and seconded to add the following clause to the 4th section of the 4th article, namely, "provided, that every state shall have at least one representative;" which passed in the affirmative.
It was moved and seconded to insert the word "free," before the word "inhabitants," in the 4th section of the 4th article; which passed in the negative.
Yea: New Jersey, 1. Nays: New Hampshire, Massachusetts, Connecticut. Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. On the question to agree to the 4th section of the 4th article, as amended, it passed in the affirmative.
It was moved and seconded to strike out the 5th section of the 4th article; which passed in the affirmative.
Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 7. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, 4.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
On the question to agree to the 6th section of the 4th article, as reported, it passed in the affirmative.
On the question to agree to the 7th section of the 4th article, as reported, it passed in the affirmative.
It was moved and seconded to insert the following words in the 3d clause of the 5th article, after the word "executive," "of the state in the representation of which the vacancies shall happen;" which passed in the affirmative.
It was moved and seconded to strike out the 3d clause of the 1st section of the 5th article; which passed in the negative.
Yea: Pennsylvania, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Maryland, 1.
It was moved and seconded to add the following words to the 3d clause of the 1st section of the 5th article, namely, "unless other provision shall be made by the legislature;" which passed in the negative.
Yeas: Maryland, North Carolina, South Carolina, Georgia, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, 6.
It was moved and seconded to alter the 3d clause in the 1st section of the 5th article so as to read as follows, namely:
"Vacancies happening by refusals to accept, resignations, or otherwise, may be supplied by the legislature of the state in the representation of which such vacancies shall happen, or by the executive thereof, until the next meeting of the legislature;"
which passed in the affirmative.
On the motion to agree to the three first clauses of the 1st section of the 5th article, it passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 8. Nays: Massachusetts, North Carolina, 2. Divided: South Carolina, 1. It was moved and seconded to postpone the consideration of the last clause in the 1st section of the 5th article; which passed in the negative.
Yeas: Virginia, North Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 8. Divided: New Hampshire, 1.
On the question to agree to the last clause in the 1st section of the 5th article, it passed in the affirmative.
It was moved and seconded to insert the following words after the word "after," in the 2d section of the 5th article, namely, "they shall be assembled in consequence of;" which passed in the affirmative.
On the question to agree to the 2d section of the 5th article, as amended, it passed in the affirmative.
It was moved and seconded to strike out the word "four," and to insert the word "fourteen," in the 3d section of the 5th article; which passed in the negative.
Yeas: New Hampshire, New Jersey, South Carolina, Georgia, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7.
It was moved and seconded to strike out the word "four," and to insert the word "thirteen," in the 3d section of the 5th article; which passed in the negative.
Yeas: New Hampshire, New Jersey, South Carolina, Georgia, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7.
It was moved and seconded to strike out the word "four," and to insert the word "ten," in the 3d section of the 5th article; which passed in the negative.
Yeas: New Hampshire, New Jersey, South Carolina, Georgia, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7.
It was moved and seconded to strike out the word "four," and to insert the word "nine," in the 3d section of the 5th article; which passed in the affirmative.
Yeas: New Hampshire, New Jersey, Delaware, Virginia, South Carolina, Georgia, 6. Nays: Massachusetts, Connecticut, Pennsylvania, Maryland, 4. Divided: North Carolina, 1.
It was moved and seconded to amend the 3d section of the 5th article, by inserting the word "of," after the word "citizen;" and the words "an inhabitant," instead of the words "a resident;" which passed in the affirmative.
On the question to agree to the 3d section of the 5th article as amended, it passed in the affirmative. On the question to agree to the 4th section of the 5th article, as reported, it passed in the affirmative.
It was moved and seconded to strike out the words "each house," and to insert the words "the House of Representatives," in the 1st section of the 6th article; which passed in the negative.
Yea: New Jersey, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
It was moved and seconded to insert the word "respectively," after the word "state," in the 1st section of the 6th article; which passed in the affirmative.
It was moved and seconded to alter the 2d clause in the 1st section of the 6th article, so as to read as follows, namely:—
"But regulations in each of the foregoing cases may at any time be made or altered by the legislature of the United States;"
which passed in the affirmative.
On the question to agree to the 1st section of the 6th article, as amended, it passed in the affirmative.
And then the house adjourned till to-morrow at 11 o'clock, A. M.
It was moved and seconded to strike out the 2d section of the 6th article, in order to introduce the following, namely:—
"That the qualifications of the members of the legislature be as follows:—
"The members of the House of Representatives shall possess a clear and unencumbered property of ; the members of the Senate ;"
which passed in the negative.
It was moved and seconded to strike the following words out of the 2d section of the 6th article, namely, "with regard to property;" which passed in the negative.
Yeas: Connecticut, New Jersey, Pennsylvania, Georgia, 4. Nays: New Hampshire, Massachusetts, Maryland, Virginia, North Carolina, South Carolina, 6.
On the question to agree to the 2d section of the 6th article, as reported, it passed in the negative.
Yeas: New Hampshire, Massachusetts, Georgia, 3. Nays: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 7.
It was moved and seconded to reconsider the 2d section of the 4th article; which passed in the affirmative. Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 6. Nays: New Hampshire, Massachusetts, New Jersey, South Carolina, Georgia, 5.
And Monday next was assigned for the reconsideration.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 9. Nays: Massachusetts, Georgia, 2.
It was moved by Mr. King, and seconded, to amend the 3d section of the 6th article, to read as follows, namely:—
"Not less than thirty-three members of the House of Representatives, nor less than fourteen members of the Senate, shall constitute a quorum to do business. A smaller number in either house may adjourn from day to day; but the number necessary to form such quorum may be increased by an act of the legislature on the addition of members in either branch;"
which passed in the negative.
Yeas: Massachusetts, Delaware, 2. Nays: New Hampshire. Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
It was moved by Mr. Randolph, and seconded, to add the following amendment to the 3d section of the 6th article,—
"and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide;"
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Divided: Pennsylvania, 1.
On the question to agree to the 3d section of the 6th article, as amended, it passed in the affirmative.
On the question to agree to the 4th section of the 6th article, as reported, it passed in the affirmative.
On the question to agree to the 5th section of the 6th article, as reported, it passed in the affirmative.
It was moved and seconded to amend the last clause in the 6th section of the 6th article, by adding the following words: "with the concurrence of two thirds;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Divided: Pennsylvania, 1.
On the question to agree to the 6th section of the 6th article, as amended, it passed in the affirmative.
It was moved by Mr. Carroll, and seconded, to strike out the words "one fifth part," and to insert the words "of any one member present," in the latter clause of the 7th section of the 6th article ; which passed in the negative.
Yeas: Maryland, Virginia, South Carolina, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, 8.
It was moved and seconded to strike out the words "each house," and to insert the words "the House of Representatives," in the 2d clause of the 7th section of the 6th article; and to add the following words to the 7th section, namely, "and any member of the Senate shall be at liberty to enter his dissent;" which passed in the negative.
It was moved and seconded to strike the following words out of the 7th section of the 6th article, namely, "when it shall be acting in a legislative capacity," and to add the following words to the section, "except such parts thereof as, in their judgment, require secrecy;" which passed in the affirmative.
Yeas: Massachusetts, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, New Jersey, Pennsylvania, 3. Divided: New Hampshire, 1.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to amend the 1st clause of the 7th section of the 6th article, to read as follows, namely:—
"Each house shall keep a journal of its proceedings, and shall, from time to time, publish the same, except such parts of the proceedings of the Senate, when not acting in its legislative capacity, as may be judged by that house to require secrecy;"
which passed in the negative.
Yea: Virginia, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 10.
It was moved and seconded to insert, in the 1st clause of the 7th section of the 6th article, after the word "thereof," the following words, "relative to treaties and military operations;" which passed in the negative.
Yeas: Massachusetts, Connecticut, 2. Nays: New Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
On the question to agree to the 1st clause of the 7th section of the 6th article, as reported, it passed unanimously in the affirmative.
It was moved and seconded to add, at the end of the clause, the words "except such parts thereof as in their judgment require secrecy;" which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, Maryland, South Carolina, 4. Divided: New Hampshire, 1.
On the question to agree to the last clause of the 7th section of the 6th article, it passed unanimously in the affirmative.
It was moved and seconded to refer the 2d clause of the 7th section of the 6th article to a committee, which passed in the negative.
Yeas: Massachusetts, New Jersey, Pennsylvania, Virginia, 4. Nays: New Hampshire, Connecticut, Delaware, Maryland, North Carolina, South Carolina, Georgia, 7.
On the question to agree to the 7th section of the 6th article, as amended, it passed in the affirmative.
It was moved and seconded to strike out, in the 8th section of the 6th article, the words, "nor to any other place than that at which the two houses are sitting."
And on the question, Shall the words stand? it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 10. Nay: Virginia, 1.
It was moved and seconded to alter the 8th section of the 6th article, to read as follows, namely:—
"The legislature shall, at their first assembling, determine on a place at which their future sessions shall be held. Neither house shall afterwards, during the session of the House of Representatives, without the consent of the other, adjourn for more than three days; nor shall they adjourn to any other place than such as shall have been fixed by law."
Passed in the negative.
It was moved and seconded to prefix the following words to the 8th section of the 6th article, namely, "during the session of the legislature," and to strike out the last clause of the section; which passed in the affirmative.
On the question to agree to the 8th section of the 6th article, as amended, it passed in the affirmative.
It was moved and seconded to reconsider the 5th section of the 4th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, Georgia, 8. Nays: New Jersey, Maryland, 2. Divided: South Carolina, 1.
And Monday next was assigned for the reconsideration. And then the house adjourned till Monday next, at 11 o'clock.
It was moved and seconded to strike out the word "seven," and to insert the word "four," in the 2d section of the 4th article.
It was moved and seconded to strike out the word "seven," and to insert the word "nine," in the 2d section of the 4th article.
It was moved by Mr. Hamilton, and seconded, to strike out the words "shall have been a citizen of the United States for at least seven years before his election," and to insert, between the words "an" and "inhabitant," the words "citizen and," in the 2d section of the 4th article; which passed in the negative.
Yeas: Connecticut, Pennsylvania, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, New Jersey, Delaware, North Carolina, South Carolina, Georgia, 7.
On the question to agree to the amendment of "nine," it passed in the negative.
Yeas: New Hampshire, South Carolina, Georgia, 3. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, 8.
On the question to agree to the amendment of "four," it passed in the negative.
Yeas: Connecticut, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 8.
It was moved by Mr. G. Morris, and seconded, to add the following clause to the 2d section of the 4th article, namely:—
"Provided always, that the above limitation of seven years shall not be construed to affect the rights of those who are now citizens of the United States;"
which passed in the negative.
Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, Delaware, North Carolina, South Carolina, 6.
It was moved and seconded to strike out the word "seven," and to insert the word "five," in the 2d section of the 4th article; which passed in the negative. Yeas: Connecticut, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, New Jersey, Delaware, North Carolina, South Carolina, Georgia, 7. Divided: Pennsylvania, 1.
On the question to agree to the 2d section of the 4th article, as formerly amended, it passed in the affirmative.
On the question, Shall the word "nine," in the 3d section of the 5th article, stand part of the said section?—it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, Pennsylvania, Maryland, 3.
It was moved and seconded to adjourn. Passed in the negative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, 5. Nays: New Jersey, Virginia, North Carolina, Georgia, 5. Divided: New Hampshire, 1.
It was moved by Mr. Randolph, and seconded, to amend the 5th section of the 4th article, to read as follows, namely:—
"All bills for raising money for the purposes of revenue, or for appropriating the same, shall originate in the House of Representatives, and shall not be so altered or amended by the Senate as to increase or diminish the sum to be raised, or change the mode of raising, or the objects of its appropriation."
The question was taken on the 1st clause of this amendment, which passed in the negative.
Yeas: New Hampshire, Massachusetts, Virginia, North Carolina, 4. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 7.
On the question to agree to the 5th section of the 4th article, as reported, it passed in the negative.
Yeas: New Hampshire, Massachusetts, North Carolina, 3. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 8.
The question was taken on the last clause of the 5th section of the 4th article; which passed in the negative.
Yea: Massachusetts, 1. Nays: New Hampshire, Connecticut, New Jersey. Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
It was moved and seconded to postpone the consideration of the 9th section of the 6th article, in order to take up the following:— "The members of each house shall be incapable of holding any office under the United States, for which they, or any other for their benefit, receive any salary, fees, or emoluments of any kind; and the acceptance of such office shall vacate their seats respectively;"
which passed in the negative.
Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, 5. Divided: Georgia, 1.
It was moved and seconded to amend the 9th section of the 6th article by adding the following clause after the words "be elected;" "except in the army or navy thereof; but in that case their seats shall be vacated."
Before the question was taken on the last amendment, it was moved and seconded to postpone the consideration of the 9th section of the 6th article until the powers to be vested in the Senate are ascertained; which passed unanimously in the affirmative.
It was moved and seconded to strike out the latter clause of the 10th section of the 6th article, and to insert the following, "to be paid out of the treasury of the United States;" which passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 9. Nays: Massachusetts, South Carolina, 2.
It was moved and seconded to agree to the following amendment to the 10th section of the 6th article,—
"five dollars, or the present value thereof, per diem, during their attendance, and for every thirty miles' travel, in going to and returning from Congress."
which passed in the negative.
Yeas: Connecticut, Virginia, 2. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to agree to the following amendment to the 10th section of the 6th article, "to be ascertained by law;" which passed in the affirmative.
On the question to agree to the 10th section of the 6th article, as amended, it passed in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock, A. M.
On the question to agree to the 11th section of the 6th article, as reported, it passed in the affirmative. It was moved and seconded to strike out the latter part of the 12th section of the 6th article; which passed in the affirmative.
It was moved and seconded to amend the 12th section of the 6th article, as follows:—
"Each house shall possess the right of originating all bills, except bills for raising money for the purposes of revenue, or for appropriating the same, and for fixing the salaries of the officers of government; which shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as in other cases."
It was moved and seconded to postpone the consideration of the last amendment; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, 5.
It was moved and seconded to agree to the following amendment of the 13th section of the 6th article:—
"Every bill which shall have passed the two houses shall, before it become a law, be severally presented to the President of the United States, and to the judges of the Supreme Court, for the revision of each. If, upon such revision, they shall approve of it, they shall respectively signify their approbation by signing it: but if, upon such revision, it shall appear improper to either, or both, to be passed into a law, it shall be returned, with the objections against it, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider the bill: but if, after such reconsideration, two thirds of that house, when either the President or a majority of the judges shall object, or three fourths where both shall object, shall agree to pass it, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered; and, if approved by two thirds, or three fourths, of the other house, as the case may be, it shall become a law."
Passed in the negative.
Yeas: Delaware, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to postpone the consideration of the 13th section of the 6th article; which passed in the negative.
Yeas: Delaware, Maryland, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to strike out the words "two thirds," and to insert the words "three fourths," in the 13th section of the 6th article; which passed in the affirmative.
Yeas: Connecticut, Delaware, Maryland, Virginia, North Carolina South Carolina, 6. Nays: New Hampshire, Massachusetts, New Jersey, Georgia, 4. Divided: Pennsylvania, 1.
It was moved and seconded to amend the 1st clause of the 13th section of the 6th article, as follows.—
"No bill or resolve of the Senate and House of Representatives shall become a law, or have force, until it shall have been presented to the President of the United States for his revision;"
which passed in the negative.
Yeas: Massachusetts, Delaware, North Carolina, 3. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 8.
It was moved and seconded to add, at the close of the 13th section of the 6th article, the following clause:—
"No money shall be drawn from the treasury of the United States but in consequence of appropriations by law."
The motion was withdrawn.
It was moved and seconded to adjourn; which passed in the negative.
Yeas: Delaware, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 7.
It was moved and seconded to strike out the word "seven," and to insert the words "ten, (Sundays excepted,)" in the 13th section of the 6th article; which passed in the affirmative.
Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Massachusetts, 2.
On the question to agree to the 13th section of the 6th article, as amended, it passed in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock.
It was moved and seconded to agree to the following, as the 14th section of the 6th article:—
"Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment, and in the cases hereinafter mentioned,) shall be presented to the President for his revision, and, before the same shall have force, shall be approved by him, or, being disapproved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill;"
which passed in the affirmative.
It was moved and seconded to insert the following proviso after the 1st clause of the 1st section of the 7th article "provided, that no tax, duty, or imposition, shall he laid by the legislature of the United States on articles exported from any state."
It was moved and seconded to postpone the consideration of the proviso; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.
It was moved and seconded to add the words "and post-roads," after the word "post-offices," in the 7th clause of the 1st section of the 7th article; which passed in the affirmative.
Yeas: Massachusetts, Delaware, Maryland, Virginia, South Carolina, Georgia, 6. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, North Carolina, 5.
It was moved and seconded to strike the words "and emit bills" out of the 8th clause of the 1st section of the 7th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Jersey, Maryland, 2.
It was moved and seconded to adjourn; which passed in the negative.
Yeas: New Jersey, Maryland, Virginia, North Carolina, 4. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, South Carolina, Georgia, 7.
Separate questions being taken on the 1st, 2d, 3d, 4th, 5th, 6th, 7th, and 8th clauses of the 1st section of the 7th article, as amended, they passed in the affirmative.
And then the house adjourned till to-morrow, at 11 o'clock.
It was moved and seconded to insert the word "joint," before the word "ballot," in the 9th clause of the 1st section, 7th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, New Jersey, Maryland, 3.
It was moved and seconded to strike out the 9th clause of the 1st section of the 7th article; which passed in the negative.
Yeas: Pennsylvania, Delaware, Maryland, South Carolina, 4. Nays: New Hampshire, Massachusetts, Connecticut, Virginia, North Carolina, Georgia, 6. It was moved and seconded to strike out the words "and punishment," in the 11th [12th] clause of the 1st section of the 7th article; which passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Delaware. Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New Hampshire, Connecticut, Maryland, 3.
It was moved and seconded to alter the 1st part of the 12th clause, 1st section, 7th article, to read as follows:—
"To punish piracies and felonies committed on the high seas:"
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 7. Nays: Connecticut, Virginia, North Carolina, 3.
It was moved and seconded to insert the words "define and" between the word "to" and the word "punish," in the 12th clause; which passed in the affirmative.
It was moved and seconded to amend the 2d part of the 12th clause, as follows:—
"To punish the counterfeiting of the securities and current coin of the United States and offences against the law of nations;"
which passed in the affirmative.
On the question to agree to the 13th clause of the 1st section, 7th article, amended as follows,—
"To subdue a rebellion in any state against the government thereof, on the application of its legislature, or without, when the legislature cannot meet,"
it passed in the negative.
Yeas: New Hampshire, Connecticut, Virginia, Georgia, 4. Nays: Massachusetts, Delaware, Maryland, North Carolina, South Carolina, 5.
It was moved and seconded to strike out the word "make," and to insert the word "declare," in the 14th clause; which passed in the negative.
Yeas: Pennsylvania, Delaware, Virginia, North Carolina, 4. Nays: New Hampshire, Connecticut, Maryland, South Carolina, Georgia, 5.
It was moved and seconded to strike out the 14th clause; which passed in the negative.
The question being taken to strike out the word "make," and to insert the word "declare," in the 14th clause, it passed in the affirmative.
Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nay: New Hampshire, 1.
It was moved and seconded to add the words "and to make peace" to the 14th clause; which passed unanimously in the negative.
Separate questions having been taken on the 9th, 10th, 11th, 12th, and 14th clauses of the 1st section, 7th article, as amended, they passed in the affirmative.
And the house adjourned till to-morrow, at 11 o'clock, A. M.
The following additional powers, proposed to be vested in the legislature of the United States, having been submitted to the consideration of the Convention, it was moved and seconded to refer them to the committee to whom the proceedings of the Convention were referred; which passed in the affirmative.
The propositions are as follow:—
"To dispose of the unappropriated lands of the United States.
"To institute temporary governments for new states arising therein.
"To regulate affairs with the Indians, as well within as without the limits of the United States.
"To exercise exclusively legislative authority at the seat of the general government, and over a district around the same, not exceeding square miles, the consent of the legislature of the state or states comprising such district being first obtained.
"To grant charters of incorporation in cases where the public good may require them, and the authority of a single state may be incompetent.
"To secure to literary authors their copyrights for a limited time.
"To establish a university.
"To encourage, by proper premiums and provisions, the advancement of useful knowledge and discoveries.
"To authorize the executive to procure and hold, for the use of the United States, landed property for the erection of forts, magazines, and other necessary buildings.
"To fix and permanently establish the seat of government of the United States, in which they shall possess the exclusive right of soil and jurisdiction.
"To establish seminaries for the promotion of literature, and the arts and sciences.
"To grant charters of incorporation.
"To grant patents for useful inventions.
"To secure authors exclusive rights for a certain time.
"To establish public institutions, rewards, and immunities, for the promotion of agriculture, commerce, trades, and manufactures.
"That funds which shall be appropriated for the payment of public creditors shall not, during the time of such appropriation, be diverted or applied to any other purpose; and to prepare a clause, or clauses, for restraining the legislature of the United States from establishing a perpetual revenue.
"To secure the payment of the public debt. "To secure all creditors, under the new Constitution, from a violation of the public faith, when pledged by the authority of the legislature.
"To grant letters of marque and reprisal.
"To regulate stages on the post-roads."
It was moved by Mr. Rutledge, and seconded, that a committee, to consist of a member from each state, be appointed to consider the necessity and expediency of the debts of the several states being assumed by the United States; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: New Hampshire, New Jersey, Delaware, Maryland, 4. Divided: Pennsylvania, 1.
And a committee was appointed, by ballot, of the Hon. Mr. Langdon, Mr. King, Mr. Sherman, Mr. Livingston, Mr. Clymer, Mr. Dickinson, Mr. M'Henry, Mr. Mason, Mr. Williamson, Mr. C. C. Pinckney, and Mr. Baldwin.
It was moved and seconded to agree to the following resolution, namely:—
"Resolved, That this Convention will meet punctually at 10 o'clock, every morning, (Sundays excepted,) and sit till 4 o'clock in the afternoon, at which time the president shall adjourn the Convention; and that no motion for adjournment be allowed;"
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Pennsylvania, Maryland, 2.
It was moved and seconded to insert the words "and support" between the word "raise" and the word "armies," in the 14th clause, 1st section, 7th article; which passed in the affirmative.
It was moved and seconded to strike out the words "build and equip," and to insert the words "provide and maintain," in the 15th clause, 1st section, 7th article; which passed in the affirmative.
It was moved and seconded to insert the following, as a 16th clause, in the 1st section of the 7th article:—
"To make rules for the government and regulation of the land and naval
forces;"
which passed in the affirmative.
It was moved and seconded to annex the following proviso to the last clause:—
"provided, That, in time of peace, the army shall not consist of more
than thousand men;"
which passed in the negative. It was moved and seconded to insert the following as a clause in the 1st section of the 7th article:—
"To make laws for regulating and disciplining the militia of the several states, reserving to the several states the appointment of their militia officers."
It was moved and seconded to postpone the last clause, in order to take up the following:—
"To establish a uniformity of exercise and arms for the militia, and rules for their government, when called into service under the authority of the United States; and to establish and regulate a militia in any state where its legislature shall neglect to do it."
It was moved and seconded to refer the two last motions to a committee; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, New Jersey, 2. Divided: Maryland, 1.
And they were referred to the committee of eleven.
And then the house adjourned till Monday next, at 11 o'clock, A. M.
It was moved and seconded to refer the following propositions to the committee of five; which passed in the affirmative.
"Each house shall be the judge of its own privileges, and shall have authority to punish, by imprisonment, every person violating the same; or who, in the place where the legislature may be sitting, and during the time of its session, shall threaten any of its members for any thing said or done in the house; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend either of the houses, in his way going or returning; or who shall rescue any person arrested by their order.
"Each branch of the legislature, as well as the supreme executive, shall have authority to require the opinions of the Supreme Judicial Court upon important questions of law, and upon solemn occasions.
"The privileges and benefits of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding months.
"The liberty of the press shall be inviolably preserved.
"No troops shall be kept up, in time of peace, but by consent of the legislature.
"The military shall always be subordinate to the civil power, and no grants of money shall be made by the legislature for supporting military and forces for more than one year at a time.
"No soldier shall be quartered in any house, in time of peace, without consent of the owner.
"No person holding the office of President of the United States; a judge of their Supreme Court; secretary for the department of foreign affairs; of finance; of marine; of war; or of ,—shall be capable of holding, at the same time, any other office, of trust or emolument under the United States, or an individual state.
"No religious test, or qualification, shall ever be annexed to any oath of office under the authority of the United States.
"The United States shall be forever considered as one body corporate and politic in law, and entitled to all the rights, privileges, and immunities, which to bodies corporate do, or ought to, appertain.
"The legislature of the United States shall have the power of making the great seal, which shall be kept by the President of the United States, or, in his absence, by the president of the Senate, to be used by them as the occasion may require. It shall be called the 'great seal of the United States,' and shall be affixed to all laws.
"All commissions and writs shall run in the name of the United States.
"The jurisdiction of the Supreme Court shall be extended to all controversies between the United States and an individual state, or the United States and the citizens of an individual state.
"To assist the President in conducting the public affairs, there shall be a council of state composed of the following officers:—
"1. The chief justice of the Supreme Court, who shall, from time to time, recommend such alterations of, and additions to, the laws of the United States, as may, in his opinion, be necessary to the due administration of justice, and such as may promote useful learning, and inculcate sound morality throughout the Union. He shall be the president of the council, in the absence of the President.
"2. The secretary of domestic affairs, who shall be appointed by the President, and hold his office during pleasure. It shall be his duty to attend to matters of general police, the state of agriculture and manufactures, the opening of roads and navigations, and the facilitating communications through the United States; and he shall, from time to time, recommend such measures and establishments as may tend to promote those objects.
"3. The secretary of commerce and finance, who shall also be appointed by the President during pleasure. It shall be his duty to superintend all matters relating to the public finances; to prepare and report plans of revenue, and for the regulation of expenditures; and also to recommend such things as may, in his judgment, promote the commercial interests of the United States.
"4. The secretary of foreign affairs, who shall also be appointed by the President during pleasure. It shall be his duty to correspond with all foreign ministers, prepare plans of treaties, and consider such as may be transmitted from abroad, and generally to attend to the interests of the United States, in their connections with foreign powers.
"5. The secretary of war, who shall be appointed by the President during pleasure. It shall be his duty to superintend every thing relating to the war department, such as the raising and equipping of troops, the care of military stores, public fortifications, arsenals, and the like; also, in time of war, to prepare and recommend plans of offence and defence.
"6. The secretary of the marine, who shall also be appointed by the President during pleasure. It shall be his duty to superintend every thing relating to the marine department, the public shops, dock-yards, naval stores, and arsenals; also in time of war, to prepare and recommend plans of offence and defence.
"7. The President shall also appoint a secretary o/state, to hold his office during pleasure; who shall be secretary of the council of state, and also public secretary to the President. It shall be his duty to prepare all public despatches from the President, which he shall countersign.
"The President may, from time to time, submit any matter to the discussion of the council of state; and he may require the written opinions of any one or more of the members; but he shall, in all cases, exercise his own judgment, and either conform to such opinions, or not, as he may think proper. And every officer above mentioned shall be responsible for his opinion on the affairs relating to his particular department.
"Each of the officers above mentioned shall be liable to impeachment, and removal from office, for neglect of duty, malversation, or corruption.
"That the committee be directed to report qualifications for the President of the United States; and a mode for trying the supreme judges in cases of impeachment."
It was moved and seconded to postpone the consideration of the 17th clause, 1st section, 7th article; which passed in the affirmative.
It was moved and seconded to insert the following clause in the 1st section, 7th article: "to make sumptuary laws:" which passed in the negative.
Yeas: Delaware, Maryland, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, 8.
It was moved and seconded to insert the following clause in the 1st section of the 7th article: "to establish all offices;" which passed in the negative.
Yeas: Massachusetts, Maryland, 2. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9.
On the question to agree to the last clause of the 1st section, 7th article, as reported, it passed in the affirmative.
It was moved and seconded to insert the words "some overt act of," after the word "in," in the 2d section, 7th article; and to strike out the word "and" before the words "in adhering," and to insert the word "or;" which parsed in the affirmative.
It was moved and seconded to strike out the words "or any of them," 2d section, 7th article; which passed in the affirmative.
It was moved and seconded to refer the 2d section of the 7th article to a committee; which passed in the negative.
Yeas: New Jersey, Pennsylvania, Maryland, Virginia, Georgia, 5. Nays: New Hampshire, Massachusetts, Connecticut, Delaware, South Carolina, 5. Divided: North Carolina, 1.
It was moved and seconded to postpone the consideration of the 2d section, 7th article, in order to take up the following:—
"Whereas it is essential to the preservation of liberty to define, preciselv and exclusively, what shall constitute the crime of treason,—it is therefore ordained, declared, and established, that if a man do levy war against the United States, within their territories, or be adherent to the enemies of the United States within the said territories, giving to them aid and comfort within their territories, or elsewhere, and thereof be probably attainted of open deed by the people of his condition, he shall be adjudged guilty of treason."
On the question to postpone, it passed in the negative.
Yeas: New Jersey, Virginia, 2. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 5.
It was moved and seconded to strike out the words "against the United States," 1st line, 2d section, 7th article; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 8. Nays: Virginia, North Carolina, 2.
It was moved and seconded to insert the words "to the same overt act "after the word "witnesses," 2d section, 7th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 8. Nays: New Jersey, Virginia, North Carolina, 3.
It was moved and seconded to strike the words "some overt act" out of the 1st line, 2d section, 7th article; which passed in the affirmative.
It was moved and seconded to insert the words "sole and exclusive" before the word "power," in the 2d clause, 2d section, 7th article; which passed in the negative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, South Carolina, 5. Nays: Connecticut, New Jersey, Maryland, Virginia, North Carolina, Georgia, 6.
It was moved and seconded to reinstate the words "against the United States," in the 1st line, 2d section, 7th article; which passed in the affirmative.
Yeas: Connecticut, New Jersey, Maryland, Virginia, North Carolina, Georgia, 6. Nays: New Hampshire, Massachusetts, Pennsylvania, Delaware, South Carolina, 5.
It was moved and seconded to strike out the words "of the United States," in the 3d line, 2d section, 7th article; which passed in the affirmative.
It was moved and seconded to amend the 1st clause of the 2d section, 7th article, to read:— "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies;"
which passed in the affirmative.
It was moved and seconded to add the words "giving them aid and comfort," after the word "enemies," in the 2d section, 7th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 8. Nays: Connecticut, Delaware, Georgia, 3.
It was moved and seconded to add, after the words "overt act," the words "or confession in open court," 2d section, 7th article; which passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 7. Nays: Massachusetts, South Carolina, Georgia, 3. Divided: North Carolina, 1.
On the question to agree to the 2d section of the 7th article, as amended, it passed in the affirmative.
It was moved and seconded to strike the words "white and other" out of the 3d section, 7th article; which passed in the affirmative.
It was moved and seconded to strike out the word "six," and to insert the word "three," in the 3d section of the 7th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nays: South Carolina, Georgia, 2.
It was moved and seconded to add the following clause to the 3d section of the 7th article:—
"That, from the first meeting of the legislature of the United States, until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several states, according to the number of their representation respectively in the first branch."
Before a question was taken on the last motion, the house adjourned.
The Hon. Mr. Livingston, from the committee of eleven, to whom were referred, a proposition respecting the debts of the several states, entered on the Journal of the 18th inst., and a proposition respecting the militia, entered on the Journal of the 18th inst., informed the house that the committee were, prepared to report, and had directed him to submit the same to the consideration of the house. The report was then delivered at the secretary's table, and, being read throughout, is as follows:—
"The legislature of the United States shall have power to fulfil the engagements which have been entered into by Congress, and to discharge, as well the debts of the United States, as the debts incurred by the several states, during the late war, for the common defence and general welfare;
"To make laws for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by the United States."
It was moved and seconded to postpone the consideration of the above report; which passed in the affirmative.
On the question to agree to the 3d section of the 7th article, as amended, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Delaware, 1.
It was moved and seconded to add the following clause to the 3d section of the 7th article:—
"And all accounts of supplies furnished, services performed, and moneys advanced by the several states to the United States, or by the United States to the several states, shall be adjusted by the same rule."
The last motion being withdrawn, it was moved and seconded to add the following clause to the 3d section of the 7th article:—
"By this rule the several quotas of the states shall be determined in settling the expenses of the late war."
It was moved and seconded to postpone the consideration of the last motion; which passed in the affirmative.
It was moved by Mr. Ellsworth, and seconded, to add the following clause to the 3d section of the 7th article:—
"That, from the first meeting of the legislature of the United States, until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several states, according to the number of their representatives respectively in the first branch."
It was moved and seconded to annex the following amendment to the last motion,—
"subject to a final liquidation by the foregoing rule, when a census shall have been taken."
On the question to agree to the amendment, it passed in the affirmative.
On the question to agree to the proposition and amendment, it passed in the negative.
Yeas: Massachusetts, South Carolina, 2. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 8. Divided: North Carolina, 1.
On the question to take up the amendment offered to the 12th section of the 6th article, entered on the Journal of the 13th instant, and then postponed, it passed in the negative.
Yeas: New Hampshire, Connecticut, Maryland, Virginia, North Carolina, 5. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, South Carolina, Georgia, 6.
It was moved by Mr. Martin, and seconded, to add the following clause to the 3d section, 7th article:—
"And whenever the legislature of the United States shall find it necessary that revenue should be raised by direct taxation, having apportioned the same according to the above rule on the several states, requisitions shall be made of the respective states to pay into the Continental treasury their respective quotas within a time in the said requisition specified; and in case of any of the states failing to comply with such requisitions, then, and then only, to devise and pass acts directing the mode and authorizing the collection of the same;"
which passed in the negative.
Yea: New Jersey, 1. Nays: Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7. Divided: Maryland, 1.
It was moved and seconded to insert the following clause after the word "duty," in the 1st line, 4th section, 7th article, "for the purpose of revenue;" which passed in the negative.
Yeas: New Jersey, Pennsylvania, Delaware, 3. Nays: New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to amend the 1st clause of the 4th section, 7th article, by inserting the following words, "unless by consent of two thirds of the legislature;" which passed in the negative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, 5. Nays: Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, 6.
On the question to agree to the 1st clause of the 4th section of the 7th article, as reported, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New Hampshire, New Jersey, Pennsylvania, Delaware, 4.
It was moved and seconded to insert the word "free" before the word "persons," in the 4th section of the 7th article. Before the question was taken on the last motion, the house adjourned.
The motion made yesterday to insert the word "free" before the word "persons," in the 4th section of the 7th article, being withdrawn, it was moved and seconded to commit the two remaining clauses of the 4th section, and the 5th section of the 7th article; which passed in the affirmative.
Yeas: Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New Hampshire, Pennsylvania, Delaware, 3.
It was moved and seconded to commit the 6th section of the 7th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Connecticut, New Jersey, 2.
And a committee (of a member from each state) was appointed by ballot, of the Hon. Mr. Langdon, Mr. King, Mr. Johnston, Mr. Livingston, Mr. Clymer, Mr. Dickinson, Mr. L. Martin, Mr. Madison, Mr. Williamson, Mr. C. C. Pinckney, and Mr. Baldwin, to whom the clauses of the 4th, 5th, and 6th sections were referred.
The Hon. Mr. Rutledge, from the committee to whom sundry propositions were referred, on the 18th and 20th instant, informed the house that the committee were prepared to report.
He then read the report in his place; and the same, being delivered in at the secretary's table, was again read throughout, and is as follows:—
"The committee report, that, in their opinion, the following additions should he made to the report now before the Convention, namely:—
"At the end of the 1st clause of the 1st section of the 7th article, add, 'for payment of the debts and necessary expenses of the United States, provided, that no law for raising any branch of revenue, except what may be specially appropriated for the payment of interest on debts or loans, shall continue in force for more than years.'
"At the end of the 2d clause, 2d section, 7th article, add, 'and with Indians, within the limits of any state, not subject to the laws thereof.'
"At the end of the 16th clause of the 2d section, 7th article, add, 'and to provide, as may become necessary, from time to time, for the well managing and securing the common property and general interest of the United States, in such manner as shall not interfere with the governments of individual states, in matters which respect only their internal police, or for which their individual authorities may be competent.'
"At the end of the 1st section, 1 0th article, add, 'he shall be of the age of thirty-five years, and a citizen of the United States, and shall have been an inhabitant thereof for twenty-one years.'
"After the 2d section of the 10th article, insert the following as a 3d section:—
"'The President of the United States shall have a privy council, which shall consist of the president of the Senate, the speaker of the House of Representatives, the chief justice of the Supreme Court, and the principal officer in the respective departments of foreign affairs, domestic affairs, war, marine, and finance, (as such departments of office shall from time to time be established,) whose duty it shall be to advise him in matters respecting the execution of his office, which he shall think proper to lay before them: but their advice shill not conclude him, nor affect his responsibility for the measures which he shall adopt.'
"At the end of the 2d section of the 11th article, add, 'the judges of the Supreme Court shall be triable by the Senate, on impeachment by the House of Representatives.'
"Between the 4th and 5th lines of the 3d section of the 11th article, after the word 'controversies,' insert 'between the United States and an individual state, or the United States and an individual person.'"
It was moved and seconded to rescind the orders of the house respecting the hours of meeting and adjournment; which passed in the negative.
Yeas: Massachusetts, Pennsylvania, Delaware, Maryland, 4. Nays: New Hampshire, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, 7.
It was moved and seconded to insert the following clause after the 2d section of the 7th article:—
"The legislature shall pass no bill of attainder, nor any ex post facto laws;"}}
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Delaware, Maryland, Virginia, South Carolina, Georgia, 7. Nays: Connecticut, New Jersey, Pennsylvania, 3. Divided: North Carolina, 1.
It was moved and seconded to take up the report of the committee of five.
It was moved and seconded to postpone the consideration of the report, in order that the members may furnish themselves with copies of the report; which passed in the affirmative.
Yeas: Massachusetts, New Jersey, Maryland, Virginia, North Carolina, Georgia, 6. Nays: New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, 5.
It was moved and seconded to take up the report of the committee of eleven, entered on the Journal of the 21st instant; which passed in the affirmative.
It was moved by Mr. Morris, and seconded, to amend the 1st clause of the report, to read as follows:— "The legislature shall fulfil the engagements and discharge the debts of the United States."
It was moved and seconded to alter the amendment by striking out the words "discharge the debts," and inserting the words "liquidate the claims;" which passed in the negative.
On the question to agree to the clause as amended, namely—
"The legislature shall fulfil the engagements and discharge the debts of the United States,"—
passed unanimously in the affirmative.
It was moved and seconded to strike the following words out of the 2d clause of the report:—
"and the authority of training the militia, according to the discipline prescribed by the United States."
Before the question was taken on the last motion, the house adjourned.
It was moved and seconded to postpone the consideration of the 2d clause of the report of the committee of eleven, in order to take up the following:—
"To establish a uniform and general system of discipline for the militia of these states, and to make laws for organizing, arming, disciplining, and governing, such part of them as may be employed in the service of the United States,—reserving to the states, respectively, the appointment of the officers, and all authority over the militia not herein given to the general government."
On the question to postpone, it passed in the negative.
Yeas: New Jersey, Maryland, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 8.
It was moved by Mr. Ellsworth, and seconded, to postpone the consideration of the 2d clause of the report of the committee of eleven, in order to take up the following:—
"To establish a uniformity of arms, exercise, and organization for the militia, and to provide for the government of them when called into the service of the United States."
On the question to postpone, it passed in the negative.
Yea: Connecticut, 1. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
It was moved and seconded to recommit the 2d clause of the report of the committee of eleven; which passed in the negative.
On the question to agree to the 1st part of the 2d clause of the report, namely,— "To make laws for organizing, arming, and disciplining the militia and for governing such part of them as may be employed in the service of the United States,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Connecticut, Maryland, 2.
It was moved and seconded to amend the next part of the 2d clause of the report, to read,—
"reserving to the states, respectively, the appointment of the officers under the rank of general officers."
It passed in the negative.
Yeas: New Hampshire, South Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 9.
On the question to agree to the following part of the 2d clause of the report, namely,—
"reserving to the states, respectively, the appointment of the officers,"—
it passed in the affirmative.
On the question to agree to the following part of the 2d clause of the report, namely,—
"and the authority of training the militia according to the discipline prescribed by the United States,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, North Carolina, 7. Nays: Delaware, Virginia, South Carolina, Georgia, 4.
It was moved and seconded to agree to the 7th section of the 7th article, as reported; which passed unanimously in the affirmative.
It was moved and seconded to insert the following clause after the 7th section of the 7th article:—
"No person, holding any office of profit or trust under the United States, shall, without the consent of the legislature, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state."
Passed in the affirmative.
It was moved and seconded to amend the 8th article, to read as follows:—
"This Constitution, and the laws of the United States made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions, any thing in the constitutions or laws of the several states to the contrary notwithstanding;"
which passed in the affirmative. On the question to agree to the 8th article as amended, it passed in the affirmative.
It was moved and seconded to str.ke the following words out of the 18th clause of the 1st section, 7th article: "enforce treaties;" which passed in the affirmative.
It was moved and seconded to alter the 1st part of the 18th clause of the 1st section, 7th article, to read:—
"To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions,"
which passed in the affirmative.
On the question to agree to the 18th clause of the 1st section, 7th article, as amended, it passed in the affirmative.
It was moved and seconded to agree to the following proposition, as an additional power to be vested in the legislature of the United States:—
"To negative all laws, passed by the several states, interfering, in the opinion of the legislature, with the general interests and harmony of the Union; provided, that two thirds of the members of each house assent to the same."
It was moved and seconded to commit the proposition; which passed in the negative.
Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 6.
The proposition was then withdrawn.
It was moved and seconded to amend the 1st section of the 7th article, to read:—
"The legislature shall fulfil the engagements, and discharge the debts of the United States, and shall have the power to lay and collect taxes duties, imposts, and excises;"
which passed in the affirmative.
It was moved by Mr. Morris, and seconded, to amend the 1st clause of the 1st section, 9th article, to read:—
"The Senate shall have power to treat with foreign nations; but no treaty shall be binding on the United States which is not ratified by a law."
It was moved and seconded to postpone the consideration of the amendment; which passed in the negative.
Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, North Carolina, South Carolina, Georgia, 5.
On the question to agree to the amendment, it passed in the negative.
Yea: Pennsylvania, 1. Nays: Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, South Carolina, Georgia, 8. Divided: North Carolina, 1.
It was moved and seconded to postpone the consideration of the 1st clause of the 1st section, 9th article; which passed in the affirmative.
It was moved and seconded to insert the words "and other public ministers" after the word "ambassadors," in the 1st section, 9th article; which passed in the affirmative.
Separate questions being taken on postponing the several clauses of the 1st section, 9th article; passed in the affirmative.
It was moved and seconded to take up the 1st section of the 9th article, in order to its being committed; which passed in the affirmative.
And it was referred to the committee of five.
And then the house adjourned.
The Hon. Mr. Livingston, from the committee of eleven, to whom were referred the two remaining clauses of the 4th section, and the 5th and 6th sections of the 7th article, informed the house that the committee were prepared to report.
The report was then delivered in at the secretary's table, was once read, and is as follows:—
"Strike out so much of the 4th section of the 7th article as was referred to the committee, and insert, 'The migration or importation of such persons as the several states now existing shall think proper to admit shall not be prohibited by the legislature prior to the year 1800; but a tax or duty may be imposed on such migration or importation, at a rate not exceeding the average of the duties laid on imposts.'"
The 5th section to remain as in the report. The 6th section to be stricken out.
It was moved and seconded to reconsider the 1st clause, 1st section, 7th article; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Delaware, Virginia, South Carolina, Georgia, 7. Nays: New Hampshire, Maryland, 2.
And to-morrow was assigned for the reconsideration.
It was moved and seconded to postpone the consideration of the 2d and 3d sections, 9th article; which passed in the negative.
Yeas: New Hampshire, North Carolina, Georgia, 3. Nays: Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, South Carolina, 7. It was moved and seconded to strike out the 2d and 3d sections of the 9th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, South Carolina, 8. Nays: North Carolina, Georgia, 2.
Separate questions being taken on the 1st, 2d, and 3d clauses of the 1st section, 10th article, as reported, they passed in the affirmative.
It was moved and seconded to strike out the word "legislature," and to insert the word "people," in the 1st section, 10th article; which passed in the negative.
Yeas: Pennsylvania, Delaware, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to insert the word "joint" before the word "ballot," in the 1st section of the 10th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 7. Nays: Connecticut, New Jersey, Maryland, Georgia, 4.
It was moved and seconded to add, after the word "legislature," in the 1st section, 10th article, the words "each state having one vote;" which passed in the negative.
Yeas: Connecticut, New Jersey, Delaware, Maryland, Georgia, 5. Nays: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, 6.
It was moved and seconded to insert, after the word "legislature," in the 1st section of the 10th article, the words "to which election a majority of the votes of the members present shall be required;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: New Jersey, 1.
On the question to agree to the following clause,—
"and in case the numbers for the two highest in votes should be equal, then the president of the Senate shall have an additional casting voice,"—
it passed in the negative.
It was moved and seconded to agree to the following amendment to the 1st section of the 10th article: "shall be chosen by electors to be chosen by the people of the several states;" which passed in the negative.
Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, 5. Nays: New Hampshire, Massachusetts, Maryland, North Carolina South Carolina, Georgia, 6.
It was moved and seconded to postpone the consideration of the two last clauses of the 1st section, 10th article; which passed in the negative.
It was moved and seconded to refer the two last clauses of the 1st section of the 10th article to a committee of a member from each state; which passed in the negative.
Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, North Carolina, South Carolina, Georgia, 5. Divided: Connecticut, 1.
On the question to agree to the following clause, "shall be chosen by electors," it passed in the negative.
Yeas: New Jersey, Pennsylvania, Delaware, Virginia, 4. Nays: New Hampshire, North Carolina, South Carolina, Georgia, 4. Divided: Connecticut, Maryland, 2.
The consideration of the remaining clauses of the 1st section, 10th article, was postponed till to-morrow, on the request of the deputies of the state of New Jersey.
On the question to transpose the word "information," and to insert it after the word "legislature," in the 1st clause of the 2d section, 10th article, it passed in the affirmative.
It was moved and seconded to strike out the words "he may," and to insert the word "and" before the word "recommend," in the 2d clause of the 2d section, 10th article, which passed in the affirmative.
It was moved and seconded to insert the word "and" after the word "occasions," in the 2d section, 10th article; which passed in the affirmative.
It was moved and seconded to insert the word "shall" before the words "think proper," 2d section, 10th article; which passed in the affirmative.
It was moved and seconded to strike out the word "officers," and to insert the words "to offices," after the word "appoint," in the 2d section of the 10th article; which passed in the affirmative.
It was moved and seconded to insert the words "or by law," after the word "Constitution," in the 2d section of the 10th article; which passed in the negative.
Yea: Connecticut, 1. Nays: New Hampshire. Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 9.
It was moved by Mr. Dickinson, and seconded, to strike out the words,— "and shall appoint to offices in all cases not otherwise provided for in this Constitution,"—
and to insert the following:
"and shall appoint to all offices established by this Constitution, except in cases herein otherwise provided for, and to all offices which may hereafter be created according to law;"
which passed in the affirmative.
Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Georgia, 6. Nays: New Hampshire, Massachusetts, Delaware, South Carolina, 4.
It was moved and seconded to add the following clause to the last amendment:—
"except where, by law, the appointment shall be vested in the executives
of the several states;"
which passed in the negative.
It was moved and seconded to agree to the following order:—
"That the order respecting the adjournment at 4 be repealed, and that
in future the house assemble at 10, and adjourn at 3;"
which passed unanimously in the affirmative. The house then adjourned.
It was moved by Mr. Randolph, and seconded, to postpone the 1st clause of the 1st section, 7th article, in order to take up the following amendment:—
"All debts contracted, and engagements entered into, by or under the authority of Congress, shall be as valid against the United States under this Constitution as under the Confederation;"
which passed in the affirmative.
On the question to agree to the amendment, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Pennsylvania, 1.
It was moved and seconded to add the following clause to the 1st clause of the 1st section, 7th article:—
"for the payment of said debts, and for the defraying the expenses that shall be incurred for the common defence and general welfare;"
which passed in the negative.
Yea: Connecticut, 1. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
It was moved and seconded to amend the report of the committee of eleven, entered on the Journal of the 24th instant, as follows: to strike out the words "the year eighteen hundred," and to insert the words "the year eighteen hundred and eight;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, 7. Nays: New Jersey, Pennsylvania, Delaware, Virginia, 4.
It was moved and seconded to amend the 1st clause of the report, to read,—
"The importation of slaves into such of the states as shall permit the same shall not be prohibited by the legislature of the United States until the year 1808;"
which passed in the negative.
Yeas: Connecticut, Virginia, Georgia, 3. Nays: New Hampshire, Massachusetts, Pennsylvania, Delaware, North Carolina, South Carolina, 6. Divided: Maryland, 1.
On the question to agree to the 1st part of the report as amended, namely,—
"The migration or importation of such persons as the several states now existing shall think proper to admit shall not be prohibited by the legislature prior to the year 1808,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, 7. Nays: New Jersey, Pennsylvania, Delaware, Virginia, 4.
It was moved and seconded to strike out the words "average of the duties laid on imports," and to insert the words "common impost on articles not enumerated;" which passed in the affirmative.
It was moved and seconded to amend the 2d clause of the report, to read, "but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person;" which passed in the affirmative.
On the question to agree to the 2d clause of the report, as amended, it passed in the affirmative.
On the question to postpone the further consideration of the report, it passed in the affirmative.
It was moved and seconded to amend the 8th article, to read,—
"This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions, any thing in the constitutions or laws of the several states to the contrary notwithstanding;"
which passed in the affirmative.
It was moved and seconded to agree to the following propositions:—
"The legislature of the United States shall not oblige vessels belonging to the citizens thereof, or to foreigners, to enter or pay duties or imposts in any other state than in that to which they may be bound; or to clear out in any other than the state in which their cargoes may be laden on board; nor shall any privilege or immunity be granted to any vessels, on entering, clearing out, or paying duties or imposts, in one state in preference to another.
"Should it be judged expedient, by the legislature of the United States, that one or more ports for collecting duties or imposts, other than those ports of entrance and clearance already established by the respective states, should be established, the legislature of the United States shall signify the same to the executive of the respective states, ascertaining the number of such ports judged necessary, to be laid by the said executives before the legislatures of the states at their next session; and the legislature of the United States shall not have the power of fixing or establishing the particular ports for collecting duties or imposts in any state, except the legislature of such state shall neglect to fix and establish the same during their first session to be held after such notification by the legislature of the United States to the executive of such state.
"All duties, imposts, and excises, prohibitions or restraints, laid or made by the legislature of the United States, shall be uniform and equal throughout the United States."
It was moved and seconded to refer the above propositions to a committee of a member from each state; which passed in the affirmative.
And a committee was appointed, by ballot, of the Hon. Mr. Langdon, Mr. Gorham, Mr. Sherman, Mr. Dayton, Mr. Fitzsimons, Mr. Read, Mr. Carroll, Mr. Mason, Mr. Williamson, Mr. Butler, and Mr. Few.
It was moved and seconded to add the words "and other public ministers" after the word "ambassadors," 2d section, 10th article; which passed unanimously in the affirmative.
It was moved and seconded to strike the words, "and may correspond with the supreme executives of the several states," out of the 2d section, 10th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Maryland, 1.
It was moved and seconded to insert the words "except in cases of impeachment" after the word "pardons," 2d section, 10th article; which passed in the affirmative. On the question to agree to the following clause, "but his pardon shall not be pleadable in bar," it passed in the negative.
Yeas: New Hampshire, Maryland, North Carolina, South Carolina, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, Georgia, 6.
The house adjourned.
It was moved and seconded to insert the words "after conviction," after the words "reprieves and pardons," 2d section, 10th article. [Motion withdrawn.]
It was moved and seconded to amend the clause giving the command of the militia to the executive, to read,—
"and of the militia of the several states when called into the actual service of the United States;"
which passed in the affirmative.
Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, Georgia, 6. Nays: Delaware, South Carolina, 2.
It was moved and seconded to postpone the consideration of the following clause, 2d section, 10th article:—
"He shall be removed from his office, on impeachment by the House of Representatives, and conviction in the Supreme Court, of treason bribery, or corruption;"
which passed in the affirmative.
It was moved and seconded to postpone the last clause of the 2d section, 10th article; which passed in the affirmative.
It was moved and seconded to add the following clause to the oath of office to be taken by the supreme executive:—
"and will, to the best of my judgment and power, preserve, protect, and defend, the Constitution of the United States;"
which passed in the affirmative.
Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 7. Nay: Delaware, 1.
It was moved and seconded to insert the words "both in law and equity" after the words "United States," in 1st line, 1st section, 11th article; which passed in the affirmative.
On the question to agree to the 1st section, 11th article, as amended, it passed in the affirmative.
It was moved and seconded to add the following clause after the word "behavior," 2d section, 11th article:—
"provided that they may be removed, by the executive, on application by the Senate and House of Representatives;"
which passed in the negative.
Yea: Connecticut, 1. Nays: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 7. On the question to agree to the second section of the 11th article, as reported, it passed in the affirmative.
Yeas: New Hampshire, Connecticut, Pennsylvania, Virginia, South Carolina, Georgia, 6. Nays: Delaware, Maryland, 2.
It was moved and seconded to insert the words "increased or" before the word "diminished," in the 2d section, 11th article; which passed in the negative.
Yea: Virginia, 1. Nays: New Hampshire, Connecticut Pennsylvania, Delaware, South Carolina, 5. Divided: Maryland, 1.
It was moved and seconded to add the following words to the 2d section, 11th article: "nor increased by any act of the legislature which shall operate before the expiration of three years after the passing thereof;" which passed in the negative.
Yeas: Maryland, Virginia, 2. Nays: New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, 5.
It was moved and seconded to postpone the following clause, 3d section, 11th article: "to the trial of impeachments of officers of the United States;" which passed in the affirmative.
It was moved and seconded to add the following words after the word "controversies," 3d section, 11th article: "to which the United States shall be a party;" which passed in the affirmative.
It was moved and seconded to insert the words "this constitution, the" before the word "laws," 2d line, 3d section, 11th article; which passed in the affirmative.
It was moved and seconded to strike out the words "passed by the legislature," and to insert, after the words "United States," the words "and treaties made, or which shall be made, under their authority;" which passed in the affirmative.
It was moved and seconded to insert the word "controversies" before the words "between two or." Passed in the affirmative.
It was moved and seconded to postpone the following clause: "in cases of impeachment;" which passed in the affirmative.
It was moved and seconded to insert the words "the United States or" before the words "a state shall be a party;" which passed in the affirmative.
It was moved and seconded to agree to the following amendment:— "In all the other cases before mentioned, original jurisdiction shall be in the courts of the several states, but with appeal, both as to law and fact, to the courts of the United States, with such exceptions, and under such regulations, as the legislature shall make."
The last motion being withdrawn, it was moved and seconded to amend the clause, to read,—
"In cases of impeachment, cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, both as to law and fact, with such exceptions, and under such regulations, as the legislature shall make;"
which passed in the affirmative.
It was moved and seconded to add the following clause to the last amendment:—
"But in cases in which the United States shall be a party, the jurisdiction shall be original or appellate, as the legislature may direct."
It was moved and seconded to amend the amendment, by striking out the words "original or;" which passed in the affirmative.
Yeas: New Hampshire. Connecticut, Maryland, Virginia, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, 2.
The question was then taken on the amendment as amended; which passed in the negative.
Yeas: New Hampshire, Pennsylvania, Delaware, 3. Nays: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5.
On the question to reconsider the 3d section, 11th article, it passed in the affirmative.
It was moved and seconded to strike out the words "the jurisdiction shall be original," and to insert the words "the Supreme Court shall have original jurisdiction;" which passed in the affirmative.
It was moved and seconded to agree to the following amendment:—
"In all the other cases before mentioned, the judicial power shall be exercised in such manner as the legislature shall direct;"
which passed in the negative.
Yeas: Delaware, Virginia, 2. Nays: New Hampshire, Connecticut, Pennsylvania, Maryland, South Carolina, Georgia, 6.
It was moved and seconded to strike out the last clause of the 3d section, 11th article; which passed unanimously in the affirmative.
It was moved and seconded to insert the words "both in law and equity" before the word "arising," in the 1st line, 3d section, 11th article; which passed in the affirmative. It was moved and seconded to insert, after the words "between citizens of different states," the words "between citizens of the same state claiming lands under grants of different states;" which passed in the affirmative.
The house adjourned.
The Hon. Mr. Sherman, from the committee to whom were referred several propositions entered on the Journal of the 25th inst., informed the house that the committee were prepared to report. The report was then delivered in at the secretary's table, was read, and is as follows:—
"The committee report that the following be inserted after the 4th clause of the 7th section:—
"'Nor shall any regulation of commerce or revenue give preference to the ports of one state over those of another, or oblige vessels bound to or from any state to enter or pay duties in another.
"'And all tonnage, duties, imposts, and excises, laid by the legislature, shall be uniform throughout the United States.'"
It was moved and seconded to strike out the words "it shall be appellate," and insert the words" the Supreme Court shall have appellate jurisdiction," 3d section, 11th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 9. Nay: Maryland, 1.
It was moved and seconded to amend the 4th section of the 11th article, to read as follows:—
"The trial of all crimes (except in cases of impeachment) shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, then the trial shall be at such place or places as the legislature may direct;"
which passed in the affirmative.
It was moved and seconded to add the following amendment to the 4th section, 11th article:—
"The privilege of the writ of habeas corpus shall not be suspended, unless where, in cases of rebellion or invasion, the public safety may require it;"
which passed in the affirmative.
On the question to agree to the 5th section, 11th article, as reported, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, 7. Nays: North Carolina, South Carolina, Georgia, 3.
It was moved and seconded to insert the words "not emit bills of credit" after the word "money," in the 12th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 8. Nay: Virginia, 1. Divided: Maryland, 1.
It was moved and seconded to insert the following clause after the last amendment:—
"nor make any thing but gold and silver coin a tender in payment of debts;"
which passed unanimously in the affirmative, eleven states being present.
[New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.]
It was moved and seconded to add the following clause to the last amendment:—
"nor pass any bill of attainder or ex post facto laws;"
which passed in the affirmative.
Yeas: New Hampshire, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, Maryland, Virginia, 3.
It was moved and seconded to insert, after the word "reprisal," the words "nor lay embargoes;" which passed in the negative.
Yeas: Massachusetts, Delaware, South Carolina, 3. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, Georgia, 8.
It was moved and seconded to transfer the following words from the 13th to the 12th article: "nor lay imposts, or duties, on imports;" which passed in the negative.
Yeas: New Hampshire, New Jersey, Delaware, North Carolina, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 7.
Separate questions being taken on the several clauses of the 12th article, as amended, they passed in the affirmative.
It was moved and seconded to insert, after the word "imports," in the 13th article, the words "or exports;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, 6. Nays: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5.
It was moved and seconded to add, after the word "exports," in the 13th article, the words,—
"nor with such consent but for the use of the treasury of the United States;"
which passed in the affirmative. Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Maryland, 2.
The question being taken on the 1st clause of the 13th article, it passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Maryland, 2.
Separate questions being taken on the several clauses of the 13th article, as amended, they passed in the affirmative.
On the question to agree to the 14th article, as reported, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nay: South Carolina, 1. Divided: Georgia, 1.
It was moved and seconded to strike out the words "high misdemeanor," and insert the words "other crime;" which passed in the affirmative.
On the question to agree to the 15th article, as amended, it passed in the affirmative.
The house adjourned.
It was moved and seconded to commit the 16th article, together with the following proposition:—
"To establish uniform laws upon the subject of bankruptcies, and respecting the damages arising on the protest of foreign bills of exchange;"
which passed in the affirmative.
Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Massachusetts, 2.
It was moved and seconded to commit the following proposition:—
"Whensoever the act of any state, whether legislative, executive, or judiciary, shall be attested and exemplified under the seal thereof, such attestation and exemplification shall be deemed, in other states, as full proof of the existence of that act; and its operation shall be binding in everv other stale, in all cases to which it may relate, and which are within the cognizance and jurisdiction of the state wherein the said act was done;"
which passed in the affirmative.
It was moved and seconded to commit the following proposition:—
"Full faith ought to be given, in each state, to the public acts, records, and judicial proceedings, of every other state; and the legislature shall, by general laws, determine the proof and effect of such acts, records, and proceedings;"
which passed in the affirmative. And the foregoing propositions, together with the 16th article, were referred to the Hon. Mr. Rutledge, Mr. Randolph, Mr. Gorham, Mr. Wilson and Mr. Johnson.
It was moved and seconded to postpone the report of the committee entered on the Journal on the 24th instant, to take up the following proposition:—
"That no act of the legislature for the purpose of regulating the commerce of the United States with foreign powers, or among the several states, shall be passed without the assent of two thirds of the members of each house,"
which passed in the negative.
Yeas: Maryland, Virginia, North Carolina, Georgia, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, South Carolina, 7.
On the question to agree to the report of the committee of eleven, entered on the Journal of the 24th inst., passed in the affirmative.
It was moved and seconded to agree to the following proposition, to be inserted after the 15th article:—
"If any person, bound to service or labor in any of the United States, shall escape into another state, he or she shall not be discharged from such service or labor in consequence of any regulations subsisting in the state to which they escape, but shall be delivered up to the person justly claiming their service or labor;"
which passed unanimously in the affirmative.
It was moved and seconded to strike out the two last clauses in the 17th article; which passed in the affirmative.
It was moved and seconded to strike the following words out of the 17th article:—
"but to such admission the consent of two thirds of the members present in each house shall be necessary."
And on the question being taken, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 9. Nays: Maryland, Virginia, 2.
It was moved and seconded to agree to the following proposition as a substitute for the 17th article:—
"New states may be admitted by the legislature into the Union; but no new state shall be erected within the limits of any of the present states, without the consent of the legislature of such state, as well as of the general legislature."
Separate questions being taken on the different clauses of the proposition, they passed in the affirmative.
Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: New Hampshire, Connecticut, New Jersey, Delaware, Maryland, 5.
The house adjourned.
It was moved and seconded to postpone the substitute for the 17th article, agreed to yesterday, in order to take up the amendment:—
"The legislature shall have power to admit other states into the Union, and new states to be formed by the division or junction of states now in the Union, with the consent of the legislature of such states;"
which passed in the negative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, South Carolina, 5. Nays: New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, 6.
It was moved and seconded to commit the substitute for the 17th article, agreed to yesterday.
And on the question being taken, it passed in the negative.
Yeas: New Jersey, Delaware, Maryland, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to strike out the words "the limits," and to insert the words "the jurisdiction," in the substitute offered to the 17th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, 7. Nays: New Jersey, North Carolina, South Carolina, Georgia, 4.
It was moved and seconded to insert the words "hereafter formed or," after the words "shall be," in the substitute for the 17th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Delaware, Maryland, 2.
It was moved and seconded to postpone the consideration of the substitute to the 17th article, as amended, in order to take up the following proposition from Maryland:—
"The legislature of the United States shall have power to erect new states within as well as without the territory claimed by the several states, or either of them, and admit the same into the Union; provided, that nothing in this Constitution shall be construed to affect the claim of the United States to vacant lands ceded to them by the late treaty of peace,"
which passed in the negative.
Yeas: New Jersey, Delaware, Maryland, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6.
On the question to agree to the substitute offered to the 17th article, as amended, as follows,—
"New states may be admitted by the legislature into the Union; but no new state shall be hereafter formed or erected within the jurisdiction of any of the present states without the consent of the legislature of such state, as well as of the general legislature,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: New Jersey, Delaware, Maryland, 3.
It was moved and seconded to add the following clause to the last amendment:—
"nor shall any state be formed by the junction of two or more states,
or parts thereof, without the consent of the legislature of such states, as
well as of the legislature of the United States;"
which passed in the affirmative.
It was moved and seconded to add the following clause to the last amendment:—
Provided, nevertheless, that nothing in this Constitution shall be construed to affect the claim of the United States to vacant lands ceded to them by the late treaty of peace."
The last motion being withdrawn, it was moved and seconded to agree to the following proposition:—
Yeas: "Nothing in this Constitution shall be construed to alter the claims of the United States, or of the individual states, to the western territory; but all such claims may be examined into and decided upon by the Supreme Court of the United States."
It was moved and seconded to postpone the last proposition, in order to take up the following:—
"The legislature shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution contained shall be so construed as to prejudice any claims either of the United States or of any particular state."
It was moved and seconded to add the following clause to the last proposition:—
"But all such claims may be examined into and decided upon by the Supreme Court of the United States." Passed in the negative.
Yeas: New Jersey, Maryland, 2. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware Virginia, South Carolina, Georgia, 8.
On the question to agree to the following proposition,—
"The legislature shall have power to dispose of and make needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution contained shall be so construed as to prejudice any claims either of the United States or of any particular state,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.
On the motion to agree to the 1st clause of the 18th article, it passed in the affirmative.
It was moved and seconded to strike out the word "foreign," in the 18th article; which passed in the affirmative.
It was moved and seconded to strike out the words "on the application of its legislature against;" which passed in the negative.
Yeas: New Jersey, Pennsylvania, Delaware, 3. Nays: New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to strike out the words "domestic violence," and insert the word "insurrections," in the 18th article; which passed in the negative.
Yeas: New Jersey, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, 6.
It was moved and seconded to insert the words "or executive" after the word "legislature;" which passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, Virginia, 2.
It was moved and seconded to add the following clause to the last amendment: "in the recess of the legislature;" which passed in the negative.
Yea: Maryland, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10.
Separate questions being taken on the several clauses of the 18th article, as amended, they passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Delaware, Maryland, 2.
On the question to agree to the 19th article, as reported, it passed in the affirmative.
It was moved and seconded to add the words "or affirmation," after the word "oath," 20th article; which passed in the affirmative.
On the question to agree to the 20th article, as amended, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 8. Nay: North Carolina, 1. Divided: Connecticut, Maryland, 2.
It was moved and seconded to add the following clause to the 20th article:—
"but no religious test shall ever be required as a qualification to any
office or public trust under the authority of the United States;"
which passed unanimously in the affirmative.
It was moved and seconded to take up the report of the committee of eleven; which passed in the negative.
Yeas: New Jersey, Delaware, Maryland, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8.
The house adjourned.
It was moved and seconded to insert the words "between the said states," after the word "Constitution," in the 21st article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9 Nay: Maryland, 1.
It was moved and seconded to postpone the consideration of the 21st article, to take up the reports of the committee which have not been acted on; which passed in the negative.
Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Georgia, 5. Nays: Massachusetts, New Jersey, Virginia, North Carolina, South Carolina, 5. Divided: Connecticut, 1.
It was moved and seconded to postpone the 21st, in order to take up the 22d article.
And on the question being taken, it passed in the negative.
Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, 6. It was moved and seconded to strike the words "conventions of" out of the 21st article; which passed in the negative.
Yeas: Connecticut, Pennsylvania, Maryland, Georgia, 4. Nays: New Hampshire, Massachusetts, New Jersey, Delaware, Virginia, South Carolina, 6.
It was moved and seconded to fill up the blank in the 21st article with the word "thirteen;" which passed in the negative.
Yea: Maryland, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 9.
It was moved and seconded to fill up the blank in the 21st article with the word "ten;" which passed in the negative.
Yeas: Connecticut, New Jersey, Maryland, Georgia, 4. Nays: New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 7.
It was moved and seconded to fill up the blank in the 21st article, as follows:—
"any seven or more states entitled to thirty-three members, at least, in the House of Representatives, according to the allotment made in the 3d section, 4th article."
It was moved and seconded to fill up the blank in the 21st article with the word "nine;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Georgia, 8.
On the question to agree to the 21st article, as amended, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.
It was moved and seconded to strike the words "for their approbation" out of the 22d article; which passed in the affirmative.
Yeas: New Hampshire, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 7. Nays: Massachusetts, New Jersey, Maryland, Georgia, 4.
It was moved and seconded to agree to the following amendment to the 22d article:—
"This Constitution shall be laid before the United States in Congress assembled. And it is the opinion of this Convention that it should afterwards be submitted to a convention chosen in each state, in order to receive the ratification of such convention; to which end the several legislatures ought to provide for the calling conventions within their respective states as speedily as circumstances will permit;"
which passed in the negative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, 4. Nays: Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7.
It was moved and seconded to postpone the consideration of the 22d article; which passed in the negative.
Yeas: New Jersey, Maryland, North Carolina, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 8.
On the question to agree to the 22d article, as amended, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.
It was moved and seconded to fill up the blank in the 23d article with the word "nine;" which passed in the affirmative.
It was moved and seconded to agree to the 23d article as far as the words "assigned by Congress," inclusive; which passed in the affirmative.
It was moved and seconded to postpone the remainder of the 23d article; which passed in the negative.
Yeas: Massachusetts, Delaware, Virginia, North Carolina, 4. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Maryland, South Carolina, Georgia, 7.
It was moved and seconded to strike the words "choose the President of the United States and" out of the 23d article; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, Georgia, 8. Nays: New Hampshire, South Carolina, 2. Divided: Maryland, 1.
On the question to agree to the 23d article, it passed in the affirmative.
It was moved and seconded to take up the report of the committee of eleven, entered on the Journal of the 28th instant.
On the question to agree to the following clause of the report, to be inserted after the 4th section of the 7th article,—
nor shall any regulation of commerce or revenue give preference to the ports of one state over those of another,"—
it passed in the affirmative.
On the question to agree to the following clause in the report,— "or oblige vessels bound to or from any state to enter, clear, or pay duties, in another,"—
it passed in the affirmative.
It was moved and seconded to strike out the word "tonnage;" which passed in the affirmative.
On the question to agree to the following clause of the report,—
"and all duties, imposts, and excises, laid by the legislature, shall be uniform throughout the United States,"—
it passed in the affirmative.
Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: New Hampshire, South Carolina, 2.
It was moved and seconded to refer such parts of the Constitution as have been postponed, and such parts of reports as have not been acted on, to a committee of a member from each state; which passed in the affirmative.
And a committee was appointed, by ballot, of the Hon. Mr. Gilman, Mr. King, Mr. Sherman, Mr. Brearly, Mr. G. Morris, Mr. Dickinson, Mr. Carroll, Mr. Madison, Mr. Williamson, Mr. Butler, and Mr. Baldwin.
It was moved and seconded to adjourn. Passed in the affirmative.
Yeas: Massachusetts, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nay: Connecticut, 1. Divided: New Hampshire, 1.
The house adjourned.
The Hon. Mr. Brearly, from the committee of eleven, to whom such parts of the Constitution as have been postponed, and such parts of reports as have not been acted on, were referred, informed the house the committee were prepared to report partially.
The following report was then read:—
"That, in lieu of the 9th section of the 6th article, the following be inserted:—
"'The members of each house shall be ineligible to any civil office under the authority of the United States during the time for which they shall be respectively elected; and no person holding any office of the United States shall be a member of either house during his continuance in office.'"
The Hon. Mr. Rutledge, from the committee to whom sundry propositions, entered on the Journal of the 28th ultimo, were referred, informed the house that the committee were prepared to report. The following report was then read, That the following additions be made to the report, namely:—
After the word "states," in the last line, on the margin of the third page, add, "to establish uniform laws on the subject of bankruptcies;" and insert the following as the 16th article, namely:—
"Full faith and credit ought to be given, in each state, to the public acts, records, and judicial proceedings, of every other state; and the legislature shall, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect which judgments obtained in one state shall have in another."
It was moved and seconded to adjourn till Monday next, at 10 o'clock, A. M.
It was moved by Mr. Morris, and seconded, to strike out the words "judgments obtained in one state shall have in another," and to insert the word "thereof," after the word "effect," in the report from the committee of five, entered on the Journal of the 1st instant; which passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, 6. Nays: Maryland, Virginia, Georgia, 3.
It was moved and seconded to strike out the words "ought to," and to insert the word "shall;" and to strike out the word "shall," and insert the word "may," in the report entered on the Journal of the 1st instant; which passed in the affirmative.
On the question to agree to the report amended as follows,—
"Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings, of every other state; and the legislature may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effects thereof,"—
it passed in the affirmative.
On the question to agree to the following clause of the report,—
"to establish uniform laws on the subject of bankruptcies,"
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Connecticut, 1.
It was moved and seconded to adjourn. Passed in the negative. Yeas: Maryland, Virginia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to postpone the consideration of the report from the committee of eleven, entered on the Journal of the 1st instant, in order to take up the following:—
"The members of each house shall be incapable of holding any office under the United States, for which they, or any other for their benefit, receive any salary, fees, or emoluments of any kind; and the acceptance of such office shall vacate their seats respectively."
On the question to postpone, it passed in the negative.
Yeas: Pennsylvania, North Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, South Carolina, Georgia, 8.
It was moved and seconded to adjourn. Passed in the negative.
Yeas: Pennsylvania, Maryland, Virginia, North Carolina, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, 6.
It was moved and seconded to insert the word "created" before the word "during," in the report of the committee of eleven; which passed in the negative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, New Jersey, Maryland, South Carolina, Georgia, 5.
It was moved and seconded to insert the words "created, or the emoluments whereof shall have been increased," before the word "during," in the report of the committee.
On the question being taken, the votes were,—
Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, New Jersey, Maryland, South Carolina, 4. Divided: Georgia, 1.
The same question was taken again ; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, Maryland, South Carolina, 3. Divided: Georgia, 1.
Separate questions having been taken on the report as amended, they passed in the affirmative. And the report as amended is as follows;
"The members of each house shall be ineligible to any civil office under the authority of the United States, created, or the emoluments whereof shall have been increased, during the time for which they shall respectively be elected; and no person holding any office under the United States shall be a member of either house during his continuance in office."
The house then adjourned.
The Hon. Mr. Brearly, from the committee of eleven, informed the house that the committee were prepared to report partially. It was afterwards delivered in at the secretary's table, and was again read, and is as follows:—
"The committee of eleven, to whom sundry resolutions, &c., were referred on the 31st ultimo, report,—
"That, in their opinion, the following additions and alterations should be made to the report before the Convention, namely:—
"1. The 1st clause of the 1st section of the 7th article to read as follows: 'The legislature shall have power to lay and collect taxes, duties, imposts, and excises; to pay the debts, and provide for the common defence and general welfare, of the United States.'
"2. At the end of the 2d clause of the 1st section, 7th article, add, 'and with the Indian tribes.'
"3. In the place of the 9th article, 1st section, to be inserted, 'The Senate of the United States shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present.'
"4. After the word 'excellency,' in the 1st section, 10th article, to be inserted, 'he shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected, in the following manner:—
"5. 'Each state shall appoint, in such manner as its legislature may direct, a number of electors, equal to the whole number of senators and members of the House of Representatives to which the state may be entitled in the legislature.
"6. 'The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves; and they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the Senate.
"7. 'The president of the Senate shall, in that house, open all the certificates; and the votes shall be then and there counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of the electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the Senate shall choose by ballot one of them for President; but if no person have a majority, then, from the five highest on the list, the Senate shall choose by ballot the President. And in every case, after the choice of the President, the person having the greatest number of votes shall be Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them the Vice-President.
"8. 'The legislature may determine the time of choosing and assembling the electors, and the manner of certifying and transmitting the votes.
"'Sect. 2. No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President; nor shall any person be elected to that office who shall be under the age of thirty-five years, and who has not been, in the whole, at least fourteen years a resident of the United States.
"'Sect. 3. The Vice-President shall be, ex officio, president of the Senate, except when they sit to try the impeachment of the President, in which case the chief justice shall preside; and excepting, also, when he shall exercise the powers and duties of President, in which case, and in case of his absence, the Senate shall choose a president pro tempore. The Vice-President, when acting as president of the Senate, shall not have a vote, unless the house be equally divided.
"'Sect. 4. The President, by and with the advice and consent of the Senate, shall have power to make treaties; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint, ambassadors, and other public ministers, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for. But no treaty, except treaties of peace, shall be made without the consent of two thirds of the members present.'
"After the words 'into the service of the United States,' in the 2d section, 10th article, add, 'and may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject relating to the duties of their respective offices.'
"The latter part of the 2d section, 10th article, to read as follows:—
"'He shall be removed from his office, on impeachment by the House of Representatives and conviction by the Senate, for treason or bribery; and, in case of his removal as aforesaid, death, absence, resignation, or inability to discharge the powers or duties of his office, the Vice-President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.'"
On the question to agree to the 1st clause of the report, it passed in the affirmative.
On the question to agree to the 2d clause of the report, it passed in the affirmative.
It was moved and seconded to postpone the consideration of the 3d clause of the report; which passed in the affirmative.
It was moved and seconded to postpone the consideration of the remainder of the report; which passed in the negative.
Yea: North Carolina, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10.
After some time passed in debate, it was moved and seconded to postpone the consideration of the remainder of the report, and that the members take copies thereof; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Delaware, Maryland, Virginia, South Carolina, Georgia, 7. Nays: Connecticut, New Jersey, Pennsylvania, 3.
It was moved and seconded to refer the following motion to the committee of eleven:—
"To prepare and report a plan for defraying the expenses of this Convention;"
which passed in the affirmative.
It was moved and seconded to adjourn; which passed unanimously in the affirmative. The house adjourned.
The Hon. Mr. Brearly, from the committee of eleven, informed the house that the committee were prepared to report further. He then read the report in his place; and the same, being delivered in at the secretary's table, was again read, and is as follows:—
"To add to the clause 'to declare war,' the words 'and grant letters of marque and reprisal.'
"To add to the clause 'to raise and support armies,' the words 'but no appropriation of money for that use shall be for a longer term than two years.'
"Instead of the 12th section of the 6th article, say,—
"'All bills for raising revenue shall originate in the House of Representatives, and shall be subject to alterations and amendments by the Senate. No money shall be drawn from the treasury but in consequence of appropriations made by law.'
"Immediately before the last clause of the 1st section of the 7th article,—
"'To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of the legislature, become the seat of the government of the United States; and to exercise like authority over all places purchased for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.
"'To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.'"
On the question to agree to the 1st clause of the report, it passed in the affirmative.
On the question to agree to the 2d clause of the report, it passed in the affirmative.
It was moved and seconded to postpone the consideration of the 3d clause of the report. It passed in the affirmative. It was moved and seconded to insert the following words after the word "purchased," in the 4th clause of the report: "by the consent of the legislature of the state;" which passed in the affirmative.
On the question to agree to the 4th clause of the report, it passed in the affirmative.
The following resolution and order, reported from the committee of eleven, were read:—
"Resolved, That the United States in Congress be requested to allow, and cause to be paid, to the secretary and other officers of this Convention, such sums, in proportion to their respective times of service, as are allowed to the secretary and similar officers of Congress."
"Ordered, That the secretary make out, and transmit to the treasury office of the United States, an account for the said services, and for the incidental expenses of this Convention."
Separate questions being taken on the foregoing resolve and order, they passed in the affirmative.
It was moved and seconded to take up the remainder of the report from the committee of eleven, entered on the Journal of the 4th instant.
It was moved and seconded to postpone the consideration of the report, in order to take up the following:—
"He shall be elected, by joint ballot, by the legislature, to which election a majority of the votes of the members present shall be required. He shall hold his office during the term of seven years, but shall not be elected a second time."
On the question to postpone, it passed in the negative.
Yeas: North Carolina, South Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 8. Divided: New Hampshire, 1.
It was moved and seconded to strike out the words "if such number be a majority of that of the electors;" which passed in the negative.
Yea: North Carolina, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10.
It was moved and seconded to strike out the word "Senate," and insert the word "legislature;" which passed in the negative.
Yeas: Pennsylvania, Virginia, South Carolina, 3. Nays: Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, Georgia, 7. Divided: New Hampshire, 1.
It was moved and seconded to strike out the words "such majority," and to insert the words "one third;" which passed in the negative. Yeas: Virginia, North Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 9.
It was moved and seconded to strike out the word "five," and to insert "three;" which passed in the negative.
Yeas: Virginia, North Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 9.
It was moved and seconded to strike out the word "five," and to insert the word "thirteen;" which passed in the negative.
Yeas: North Carolina, South Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 9.
It was moved and seconded to add, after the word "electors," the words "who shall have balloted;" which passed in the negative.
Yeas: Pennsylvania, Maryland, Virginia, North Carolina, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, South Carolina, Georgia, 7.
It was moved and seconded to add, after the words "if such number be a majority of the whole number of the electors," the word "appointed;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 9. Nays: Virginia, North Carolina, 2.
It was moved and seconded to insert, after the words "the legislature may determine the time of choosing and assembling the electors," the words "and of their giving their votes;" which passed in the affirmative.
The house adjourned.
It was moved and seconded to insert the following words after the words "may be entitled in the legislature," in the 5th clause of the report, entered on the Journal of the 4th instant:—
"but no person shall be appointed an elector who is a member of the legislature of the United States, or who holds any office of profit or trust under the United States;"
which passed in the affirmative.
It was moved and seconded to insert the word "seven," instead of "four," in the 4th clause of the report; which passed in the negative.
Yeas: New Hampshire, Virginia, North Carolina, 3. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 8. It was moved and seconded to insert the word "six," instead of "four;" which passed in the negative.
Yeas: North Carolina, South Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 9.
The question being put to agree to the word "four," it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10. Nay: South Carolina, 1.
On the question to agree to the 4th clause of the report, as follows,—
"He shall hold his office during the term of four years, and, together
with the Vice-President, chosen for the same term, be elected in the following manner,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10. Nay: North Carolina, 1.
On the question upon the 5th clause of the report, prescribing the appointment of electors, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 9. Nays: North Carolina, South Carolina, 2.
It was moved and seconded to agree to the following clause:—
"That the electors meet at the seat of the general government;"
which passed in the negative.
Yea: North Carolina, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10.
It was moved and seconded to insert the words "under the seal of the state," after the word "transmit," in the 6th clause of the report; which passed in the negative.
It was moved and seconded to agree to the 6th clause of the report; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10. Nay: North Carolina, 1.
It was moved and seconded to agree to the words "the person having the greatest number of votes shall be President," in the 7th clause of the report; which passed in the affirmative.
Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, Connecticut, 2. Divided: New Hampshire, 1.
It was moved and seconded to agree to the words "if such number be a majority of the whole number of the electors appointed;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, South Carolina, Georgia, 8. Nays: Pennsylvania, Virginia, North Carolina, 3.
It was moved and seconded to insert the words "in presence of the Senate and House of Representatives," after the word "counted;" which passed in the affirmative.
Yeas: New Hampshire, Maryland, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, 4.
It was moved and seconded to insert the words "and who shall have given their votes" after the word "appointed," in the 7th clause of the report; which passed in the negative.
Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, 5. Nays: New Hampshire, Connecticut, New Jersey, Delaware, Maryland, Georgia, 6.
It was moved and seconded to insert the word "immediately" before the word "choose;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10. Nay: North Carolina, 1.
It was moved and seconded to insert the words "of the electors" after the word "votes;" which passed unanimously in the affirmative.
It was moved and seconded to agree to the following clause, "but the election shall be on the same day throughout the United States," after the words "transmitting their votes;" which passed in the affirmative.
Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, New Jersey, Delaware, 3.
It was moved and seconded to strike out the words "the Senate shall immediately choose by ballot," &c., and to insert the words,—
"the House of Representatives shall immediately choose by ballot one of them for President, the members from each state having one vote;"
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Delaware, 1. It was moved and seconded to agree to the following amendment:—
"but a quorum for this purpose shall consist of a member or members from two thirds of the states;"
which passed unanimously in the affirmative.
On the question to agree to the following amendment,—
"and also of a majority of the whole number of the House of Representatives,"—
it passed in the negative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, 5. Nays: New Hampshire, New Jersey, Delaware, Maryland, South Carolina, Georgia, 6.
On the question to agree to the following paragraph of the report,—
"and in every case, after the choice of the President, the person having the greatest number of votes shall be the Vice-President; but if there should remain two or more who have equal votes, the Senate shall choose from them the Vice-President,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 10. Nay: North Carolina, 1.
The several amendments being agreed to, on separate questions, the 1st section of the report is as follows:—
"He shall hold the office during the term of four years; and, together with the Vice-President, chosen for the same term, be elected in the following manner:—
"Each state shall appoint, in such manner as its legislature may direct, a number of electors equal to the whole number of senators and members of the House of Representatives to which the state may be entitled in the legislature.
"But no person shall be appointed an elector who is a member of the legislature of the United States, or who holds any office of profit or trust under the United States.
"The electors shall meet in their respective states, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same state with themselves; and they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the Senate.
"The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted.
"The person having the greatest number of votes shall be the President, (if such number be a majority of the whole number of the electors appointed;) and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; the representation from each state having one vote. But if no person have a majority, then, from the five highest on the list the House of Representatives shall, in like manner, choose by ballot the President. In the choice of a President, by the House of Representatives, a quorum shall consist of a member or members from two thirds of the states; and the concurrence of a majority of all the states shall be necessary to such choice. And in every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them the Vice-President.
"The legislature may determine the time of choosing the electors, and of their giving their votes, and the manner of certifying and transmitting their votes. But the election shall be on the same day throughout the United States."
The house adjourned.
It was moved and seconded to insert the following clause after the words "throughout the United States," in the 1st section of the report:—
"The legislature may declare by law what officer of the United States shall act as President, in case of the death, resignation, or disability, of the President and Vice-President; and such officer shall act accordingly, until such disability be removed, or a President shall be elected;"—
which passed in the affirmative.
Yeas: New Jersey, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 6. Nays: Massachusetts, Connecticut, Delaware, North Carolina, 4. Divided: New Hampshire, 1.
It was moved and seconded to insert the following; amendment after the words "a member or members from two thirds of the states," in the 1st section of the report, "and a concurrence of a majority of all the states shall be necessary to make such choice;" which passed in the affirmative.
On the question to agree to the 2d section of the report, it passed in the affirmative.
The question being taken on the 1st clause of the 3d section of the report,—
"The Vice-President shall be, ex officio, president of the Senate,"—
it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 8. Nays: New Jersey, Maryland, 2.
Separate questions having been taken on the several clauses of the 3d section of the report, they passed in the affirmative.
It was moved and seconded to insert the words "and the House of Representatives," after the word "Senate," in the 1st clause of the 4th section of the report; which passed in the negative. Yea: Pennsylvania, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
It was moved and seconded to substitute the words "foreign ministers," instead of "ambassadors and other public ministers," in the 2d clause of the 4th section of the report; which passed in the negative.
Yeas: Pennsylvania, Maryland, North Carolina, South Carolina, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, Georgia, 7.
It was moved and seconded to amend the 2d clause of the 4th section of the report, to read, "ambassadors, other public ministers, and consuls;" which passed unanimously in the affirmative.
A question was taken on the words "judges of the Supreme Court," which passed unanimously in the affirmative.
A question was taken upon the words "and all other officers," which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, 9. Nays: Pennsylvania, South Carolina, 2.
It was moved by Mr. Madison, and seconded, to postpone the consideration of the 4th section of the report, in order to take up the following:—
"That it be an instruction to the committee of the states to prepare a clause, or clauses, for establishing an executive council, or a council of state, for the President of the United States, to consist of six members, two of which from the Eastern, two from the Middle, and two from the Southern States, with a rotation and duration of office similar to that of the Senate; such council to be appointed by the legislature or by the Senate."
On the question to postpone, it passed in the negative.
Yeas: Maryland, South Carolina, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, 8.
It was moved and seconded to agree to the following clause:—
"That the President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session of the Senate;"
which passed in the affirmative.
It was moved and seconded to insert the words "except treaties of peace," after the word "treaty," in the 4th section of the report as amended: it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, 8. Nays: New Jersey, Pennsylvania, Georgia, 3.
It was moved and seconded to postpone the following clause of the report:—
"and may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices;"
which passed in the negative.
Yeas: Maryland, Virginia, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, 8.
On the question to agree to the clause, it passed unanimously in the affirmative.
It was moved and seconded to agree to the following amendment:—
"but no treaty of peace shall be entered into, whereby the United States shall be deprived of any of their present territory or rights, without the concurrence of two thirds of the members of the Senate present."
The house adjourned.
It was moved and seconded to strike the words "except treaties of peace" out of the 4th section of the report; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: New Jersey, Delaware, Maryland, 3.
It was moved and seconded to strike out the last clause of the 4th section of the report; which passed in the negative.
Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Connecticut, 1.
It was moved and seconded to agree to the following amendment:—
"two thirds of all the members of the Senate to make a treaty;"—
which passed in the negative.
Yeas: North Carolina, South Carolina, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 8.
It was moved and seconded to agree to the following amendment:—
"a majority of all the members of the Senate to make a treaty;"
which passed in the negative.
Yeas: Massachusetts, Connecticut, Delaware, South Carolina, Georgia, 5. Nays: New Hampshire, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, 6. It was moved and seconded to agree to the following amendment:—
"but no treaty shall be made before all the members of the Senate are summoned, and shall have time to attend;"
which passed in the negative.
Yeas: North Carolina, South Carolina, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 8.
It was moved and seconded to agree to the following amendment:—
"neither shall any appointment be made as aforesaid, unless to offices established by the Constitution, or by law;"
which passed in the negative.
Yeas: Massachusetts, Connecticut, New Jersey, North Carolina, Georgia, 5. Nays: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, 6.
It was moved and seconded to insert the words "or other high crimes and misdemeanors against the state," after the word "bribery;" which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, Georgia, 7. Nays: New Jersey, Pennsylvania, Delaware, South Carolina, 4.
It was moved and seconded to strike out the words "by the Senate," after the word "conviction;" which passed in the negative.
Yeas: Pennsylvania, Virginia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9.
It was moved and seconded to strike out the word "state," after the word "against," and to insert the words "United States;" which passed unanimously in the affirmative.
On the question to agree to the last clause of the report, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Pennsylvania, 1.
It was moved and seconded to add the following clause after the words "United States:"—
"the Vice-President and other civil officers of the United States shall be removed from office on impeachment and conviction as aforesaid;"
which passed unanimously in the affirmative.
It was moved and seconded to amend the 3d clause of the report, entered on the Journal of the 5th instant, to read as follows, instead of the 12th section, 6th article:— "All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. No money shall be drawn from the treasury but in consequence of appropriations made by law;"
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Delaware, Maryland, 2.
It was moved and seconded to amend the 3d clause of the report entered on the Journal of the 4th inst., to read as follows:—
In the place of the 1st section, 9th article, insert,—
"The Senate of the United States shall have power to try all impeachment; but no person shall be convicted without the concurrence of two thirds of the members present; and every member shall be on oath;"
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9. Nays: Pennsylvania, Virginia, 2.
It was moved and seconded to agree to the following clause:—
"The legislature shall have the sole right of establishing offices not
herein provided for;"
which passed in the negative.
Yeas: Massachusetts, Connecticut, Georgia, 3. Nays: New Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 8.
It was moved and seconded to amend the said clause of the 2d section, 10th article, to read,—
"he may convene both or either of the houses on extraordinary occasions;"
which passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Delaware, Maryland, North Carolina, Georgia, 7. Nays: Massachusetts, Pennsylvania, Virginia, South Carolina, 4.
It was moved and seconded to appoint a committee of five to revise the style of, and arrange, the articles agreed to by the house; which passed in the affirmative.
And a committee was appointed, by ballot, of the Hon. Mr. Johnston, Mr. Hamilton, Mr. G. Morris, Mr. Madison, and Mr. King.
The house adjourned.
It was moved and seconded to reconsider the 3d section of the 4th article, which prescribes the number of the House «f Representatives; which passed in the negative.
Yeas: Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 5. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, 6.
It was moved and seconded to reconsider the 19th article, which passed in the affirmative.
Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: New Jersey, 1. Divided: New Hampshire, 1.
It was moved and seconded to amend the 19th article, by adding the following clause:—
"or the legislature may propose amendments to the several states, for their approbation; but no amendment shall be binding until consented to by the several states."
It was moved and seconded to insert the words "two thirds of" before the words "the several states;" which passed in the negative.
Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 6.
It was moved and seconded to insert the words "three fourths;" which passed unanimously in the affirmative.
It was moved and seconded to postpone the consideration of the amendment, in order to take up the following:—
"The legislature of the United States, whenever two thirds of both houses shall deem necessary, or on the application of two thirds of the legislature of the several states, shall propose amendments to this Constitution, which shall be valid, to all intents and purposes, as parts thereof, when the same shall have been ratified by three fourths, at least, of the legislatures of the several states, or by conventions in three fourths thereof, as one or the other mode of ratification may be proposed by the legislature of the United States; provided that no amendments which may be made prior to the year 1808 shall in any manner affect the 4th and 5th sections of article the 7th."
On the question to postpone, it passed in the affirmative.
On the question to agree to the last amendment, it passed in the affirmative.
Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1. Divided: New Hampshire, 1.
It was moved and seconded to reconsider the 21st and 22d articles; which (the question being separately put upon each article) passed in the affirmative.
Yeas: Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, 7. Nays: Massachusetts, Pennsylvania, South Carolina, 3. Divided: New Hampshire, 1.
It was moved and seconded to postpone the 21st article, in order to take up the following:—
"Resolved, That the foregoing plan of the Constitution be transmitted to the United States, in Congress assembled, in order that, if the same shall be agreed to by them, it may be communicated to the legislatures of the several states, to the end that they may provide for its final ratification, by referring the same to the consideration of a convention of deputies in each state, to be chosen by the people thereof; and that it be recommended to the said legislatures, in their respective acts for organizing such convention, to declare that, if the said convention shall approve of the said Constitution, such approbation shall be binding and conclusive upon the state; and further, that, if the said convention should be of opinion that the same, upon the assent of any new states thereto, ought to take effect between the states so assenting, such opinion shall thereupon be also binding upon each state; and the said Constitution shall take effect between the states assenting thereto."
On the question to postpone, it passed in the negative.
Yea: Connecticut, 1. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
On the question to agree to the 21st article, it passed unanimously in the affirmative.
It was moved and seconded to restore the words "for their approbation" to the 22d article. Passed in the negative.
It was moved and seconded to refer the following to the committee of revision:—
"That it be an instruction to the committee to prepare an address to the people, to accompany the present Constitution, and to be laid, with the same, before the United States in Congress;"
which passed in the affirmative.
The house met; but the committee of revision not having reported, and there being no business before the Convention, the house adjourned.
The Hon. Mr. Johnston, from the committee of revision, informed the house that the committee were prepared to report the Constitution as revised and arranged. The report was then delivered in at the secretary's table; and, having been once read throughout,—
"Ordered, That the members be furnished with printed copies thereof REVISED DRAFT OF THE CONSTITUTION,
REPORTED SEPTEMBER 12, 1787, BY THE COMMITTEE OF REVISION.
[Paper furnished by General Bloomfield. The original is Mr. Brearly's copy of the draft, with manuscript interlineations and erasures of the amendments adopted on the examination and discussion.]
"We, the people of the United States, in order to form a more perfect union, to establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
"Art. I.—Sect. 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
"Sect. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
"No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
"Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to servitude for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every forty thousand, but each state shall have at least one representative ; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
"When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
"The House of Representatives shall choose their speaker and other officers; and they shall have the sole power of impeachment.
"Sect. 3. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.
"Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration if the fourth year; and of the third class at the expiration of the sixth year; so that one third may be chosen every second year. And if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature. "No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
"The Vice-President of the United States shall be, ex officio, president of the Senate, but shall have no vote, unless they be equally divided.
"The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.
"The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.
"Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.
"Sect. 4. The times, places, and manner, of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations.
"The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
"Sect. 5. Each house shall be the judge of the elections, returns, and qualifications, of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.
"Each house may determine the rules of its proceedings; punish its members for disorderly behavior; and, with the concurrence of two thirds, expel a member.
"Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the Journal.
"Neither house, during the session of Congress, shall, without consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
"Sect. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shill not be questioned in any other place.
"No senator or representative shall, during the time for which he was elected, be appointed to any civil office, under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.
"Sect. 7. The enacting style of the laws shall be, 'Be it enacted by the senators and representatives, in Congress assembled.'
"All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.
"Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States. If he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be decided by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the Journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by its adjournment, prevent its return; in which case it shall not be a law.
"Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on the question of adjournment,) shall be presented to the President of the United States, and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by three fourths of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
"Sect. 8. The Congress may, by joint ballot, appoint a treasurer. They shall have power to lay and collect taxes, duties, imposts, and excises; to pay the debts, and provide for the common defence and general welfare, of the United States;
"To borrow money on the credit of the United States;
"To regulate commerce with foreign nations, among the several states, and with the Indian tribes;
"To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States;
"To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
"To provide for the punishment of counterfeiting the securities and current coin of the United States;
"To establish post-offices and post-roads;
"To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries;
"To constitute tribunals inferior to the Supreme Court;
"To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;
"To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; "To raise and support armies,—but no appropriation of money to that use shall be for a longer term than two years;
"To provide and maintain a navy;
"To make rules for the government and regulation of the land and naval forces;
"To provide for the calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
"To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the United States—reserving to the states, respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress;
"To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of government of the United States; and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; and,
"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
"Sect. 9. The migration or importation of such persons as the several states, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
"The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.
"No bill of attainder shall be passed, or any ex post facto law.
"No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken.
"No tax or duty shall be laid on articles exported from any state.
"No money shall be drawn from the treasury, but in consequence of appropriations made by law.
"No title of nobility shall be granted by the United States.
"And no person holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
"Sect. 10. No state shall coin money, nor emit bills of credit, nor make any thing but gold and silver coin a tender in payment of debts, nor pass any bill of attainder, nor ex post facto laws, nor laws altering or impairing the obligation of contracts; nor grant letters of marque and reprisal; nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.
"No state shall, without the consent of Congress, lay imposts or duties on imports or exports, nor with such consent, but to the use of the treasury of the United States: nor keep troops or ships, of war in time of peace; nor enter into any agreement or compact with another state, nor with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of delay until the Congress can be consulted.
"Art. II.—Sect. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected in the following manner:—
"Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in Congress; but no senator or representative shall be appointed an elector, nor any person holding an office of trust or profit under the United States.
"The electors shall meet in their respective states, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates; and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said house shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by states, and not per capita, the representation from each state having one vote. A quorum for this purpose shall consist of a member or members from two thirds of the states; and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President by the representatives, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.
"The Congress may determine the time of choosing the electors, and the time in which they shall give their votes; but the election shall be on the same day throughout the United States.
"No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
"In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed, or the period for choosing another President arrive.
"The President shall, at stated times, receive a fixed compensation for his services, which shall neither be increased nor diminished during the period for which he shall have been elected.
" Before he enter on the execution of his office, he shall take the following oath or affirmation:— "'I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my judgment and power, preserve, protect, and defend the Constitution of the United States.'
"Sect. 2. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States.
"He may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices. And he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
"He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint, ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for.
"The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of the next session.
"Sect. 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge, necessary and expedient. He may, on extraordinary occasions, convene both houses, or either of them; and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States.
"Sect. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
"Art. III.—Sect. 1. The judicial power of the United States, both in law and equity, shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
"Sect. 2. The judicial power shall extend to all cases, both in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states; or between a state, or the citizens thereof, and foreign states, citizens, or subjects.
"In cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact,—with such exceptions, and under such regulations, as the Congress shall make.
"The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crime shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
"Sect. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
"The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attainted.
"Art. IV.—Sect. 1. Full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings, of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof.
"Sect. 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
"A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, and removed to the state having jurisdiction of the crime.
"No person legally held to service or labor in one state, escaping into another, shall, in consequence of regulations subsisting therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due.
"Sect. 3. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the Congress.
"The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claim of the United States, or of any particular state.
"Sect. 4. The United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the legislature or executive, against domestic violence.
"Art. V. The Congress, whenever two thirds of both houses shall deem necessary, or on the application of two thirds of the legislatures of the several states, shall propose amendments to this Constitution, which shall be valid, to all intents and purposes, as part thereof, when the same shall have been ratified by three fourths, at least, of the legislatures of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided, that no amendment which may be made prior to the year 1808 shall in any manner affect the and sections of article "Art. VI. All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.
"The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office of public trust under the United States.
"Art. VII. The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same."
The draft of a letter to Congress, being at the same time reported, was read once throughout, and afterwards agreed to by paragraphs.
THE LETTER TO CONGRESS.
[Paper deposited by President Washington, at the Department of State.]
"We have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable.
"The friends of our country have long seen and desired that the power of making war, peace, and treaties; that of levying money and regulating commerce; and the correspondent executive and judicial authorities, shall be fully and effectually vested in the general government of the Union. But the impropriety of delegating such extensive trust to one body of men is evident. Thence results the necessity of a different organization. It is obviously impracticable, in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty, to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstances as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved. And, on the present occasion, this difficulty was increased by a difference, among the several states, as to their situation, extent, habits, and particular interests.
" In all our deliberations on this subject, we kept steadily in our view that which appeared to us the greatest interest of every true American,—the consolidation of the Union,—in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state, in the Convention, to be less rigid, in points of inferior magnitude, than might have been otherwise expected. And thus the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable.
"That it will meet the full and entire approbation of every state is not, perhaps, to be expected. But each will doubtless consider, that, had her interest alone been consulted, the consequences might have been particularly disagreeable and injurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish."
It was moved and seconded to reconsider the 13th section of the 6th article; which passed in the affirmative.
It was moved and seconded to strike out the words "three fourths," and to insert the words "two thirds," in the 13th section of the 6th article; which passed in the affirmative.
Yeas: Connecticut, New Jersey, Maryland, North Carolina, SouthCarolina, Georgia, 6. Nays: Massachusetts, Pennsylvania, Delaware, Virginia, 4. Divided: New Hampshire, 1.
It was moved and seconded to appoint a committee to prepare a bill of rights; which passed unanimously in the negative.
It was moved and seconded to reconsider the 13th article, in order to add the following clause at the end of the 13th article:—
"Provided, nothing herein contained shall be construed to restrain any state from laying duties upon exports, for the sole purpose of defraying the charges of inspecting, packing, storing, and indemnifying the losses in keeping the commodities in the care of public officers before exportation."—
It was agreed to reconsider.
Yeas: Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New Hampshire, New Jersey, Delaware, 3.
The Hon. Mr. Johnston, from the committee of revision, reported the following as a substitute for the 22d and 23d articles:—
"Resolved, That the preceding Constitution be laid before the United States in Congress assembled; and that it is the opinion of this Convention, that it should afterwards be submitted to a convention of delegates chosen in each state by the people thereof, under the recommendation of its legislature, for their assent and ratification; and that each convention, assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled.
"Resolved, That it is the opinion of this Convention, that, as soon as the conventions of nine states shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the states which shall have ratified the same; and a day on which the electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution; that, after such publication, the electors should be appointed, and the senators and representatives elected; that the electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed, and directed, as the Constitution requires, to the secretary of the United States in Congress assembled; that the senators and representatives should convene at the time and place assigned; that the senators should appoint a president of the Senate for the sole purpose of receiving, opening, and counting the votes for President; and that, after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution."
The clause offered to the house yesterday, to be added to the 13th article, being withdrawn, it was moved and seconded to agree to the following amendment to the 13th article:—
"Provided, That no state shall be restrained from imposing the usual duties on produce exported from that state, for the sole purpose of defraying the charges of inspecting, packing, storing, and indemnifying the losses on such produce, while in the custody of public officers; but all such regulations shall, in case of abuse, be subject to the revision and control of Congress;"
which passed in the affirmative.
It was moved and seconded to postpone the consideration of the report of the committee, respecting the 22d and 23d articles; which passed in the affirmative.
Yeas: New Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, Virginia. North Carolina, South Carolina, Georgia, 9. Nay: Connecticut, 1.
It was moved and seconded to proceed to the comparing of the report from the committee of revision with the articles which were agreed to by the house, and to them referred for arrangement; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, Georgia, 7. Nays: Pennsylvania, Delaware, South Carolina, 3.
And the same was read by paragraphs, compared, and in some places corrected and amended.
[No entry of the corrections and amendments adopted or proposed appears upon the Journals. The sheets of yeas and nays exhibit, however, many of the questions upon the amendments proposed, and the result of the votes upon them. The amendments adopted are interlined in manuscript, in the revised draft of the Constitution used by Mr. Brearly; and, with the Minutes furnished by Mr. Madison to complete the Journal, collated with the entries on the sheets of yeas and nays, present the following questions and votes:—] It was moved and seconded to add the words "for two years;" [see 2d section, 1st article;] which passed in the negative.
Yea: Massachusetts, 1. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
It was moved and seconded to insert the word "service" instead of "servitude," article 1st, section 2d, clause 3d: which passed unanimously in the affirmative.
It was moved and seconded to strike out the words "and direct taxes" from the same clause; which passed in the negative.
Yeas: New Jersey, Delaware, Maryland, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to insert, between "after" and "it," the words "the day on which." Passed in the negative.
Yeas: Pennsylvania, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to rescind the rule for adjournment; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, 5.
It was moved and seconded to insert, after the word "parts," the words "of the proceedings of the Senate;" which passed in the negative.
Yeas: Pennsylvania, Maryland, North Carolina, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, Georgia. 7. Divided: South Carolina, 1.
It was moved and seconded to strike out the word "to" before "establish justice," in the preamble; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Delaware, Maryland, North Carolina, South Carolina, Georgia, 8. Nays: New Jersey, Virginia, 2.
It was moved and seconded to reconsider the 2d clause of the 3d section, 1st article; which passed in the negative.
Yeas : Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 5. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, 6.
Question omitted. Yea: Virginia, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 10.
Question omitted.
Yeas: Connecticut, South Carolina, Georgia, 3. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 8.
It was moved and seconded to reconsider the 1st clause of the 5th section of the 1st article; which passed in the negative.
Yeas: New Jersey, Maryland, North Carolina, Georgia, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, South Carolina, 7.
Question omitted.
[It was probably on adding the words "except as to the place of choosing senators," after the word "regulations," in the 4th section of the 1st article; which amendment was adopted.]
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1. Divided: Pennsylvania, 1.
Question omitted. Passed in the negative.
Yeas: Maryland, Virginia, North Carolina, Georgia, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, South Carolina, 7.
Question omitted. Passed in the negative.
Yeas: Massachusetts, Pennsylvania, South Carolina, 3. Nays: New Hampshire. Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, 8.
Question omitted. Passed in the affirmative.
[It was probably on striking out the words "three fourths," and inserting "two thirds," in the 4th clause, 7th section, 1st article.]
Yeas: Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 7. Nays: New Hampshire, Massachusetts, Pennsylvania, Virginia, 4.
The report from the committee of revision, as corrected and amended yesterday, being taken up, was read, debated by paragraphs, amended, and agreed to, as far as the 1st clause of the 10th section, 1st article, inclusive.
Question—To strike out the words "may by joint ballot appoint a treasurer.—They," from the 1st clause of the 8th section, 1st article; which passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, Pennsylvania, Virginia, 3. Question—To reconsider the 10th clause, 8th section, 1st article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, 8. Nays: New Jersey, Virginia, Georgia, 3.
Question—To strike out the word "punish;" which passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Delaware, North Carolina, South Carolina, 6. Nays: Massachusetts, Pennsylvania, Maryland, Virginia, Georgia, 5.
Question—To grant letters of incorporation for canals, &c.,—a clause proposed to be added to the 8th section of the 1st article. Passed in the negative.
Yeas: Pennsylvania, Virginia, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, 8.
Question—To establish a university,—an additional clause proposed to the 8th section of the 1st article. Passed in the negative.
Yeas: Pennsylvania, Virginia, North Carolina, South Carolina, 4. Nays: New Hampshire, Massachusetts, New Jersey, Delaware, Maryland, Georgia, 6. Divided: Connecticut, 1.
It was moved and seconded to insert, before the words "to provide for organizing, arming," &c., the words "and that the liberties of the people may be better secured against the danger of standing armies in time of peace," article 1st, section 8th. Passed in the negative.
Yeas: Virginia, Georgia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, 9.
Question—To reconsider the ex post facto clause. Passed unanimously in the negative.
Question—To insert "the liberty of the press shall be inviolably preserved." Passed in the negative.
Yeas: New Hampshire, Massachusetts, Maryland, Virginia, South Carolina, 5. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, 6.
Question—To insert the words "or enumeration," after the word "census," in the 4th clause of the 9th section, 1st article. Passed in the affirmative.
Yeas: New Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Connecticut, South Carolina, 2.
Question omitted. Passed unanimously in the affirmative. [Probably upon one or all of the following three amendments, adopted.]
Add, at the end of the 1st clause of the 8th section, 1st article,—
"but all duties, imposts, and excises, shall be uniform throughout the
United States."
Add, at the end of the 5th clause of the 9th section, 1st article,—
"No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties, in another."
Add, at the end of the 6th clause of the 9th section, 1st article,—
"and a regular statement and account of the receipts and expenditures of
all public money shall be published from time to time."
The following amendments to the revised draft were likewise adopted:—
Article 1st, section 2d, clause 5th. Strike out the word "they."
Article 1st, section 3d, clause 2d. Add, at the end of the clause, after the word "legislature," the words "which shall then fill such vacancies."
Article 1st, section 3d, clause 4th. Strike out the words "ex officio."
Article 1st, section 3d, clause 6th. After the word "oath," insert "or affirmation."
Article 1st, section 8th, clause 3d. After the word "nation," insert the word "and."
Article 1st, section 9th, clause 1st. Strike out the word "several," and between the words "as" and "the," insert the words " any of."
Alter the 3d clause, so as to read, "no bill of attainder or ex post facto law shall be passed."
In the 4th clause, after the word "capitation," insert the words "or other direct."
Article 1st, section 10th, clause 1st, was variously amended, to read as follows:—
"No state shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, make any thing but gold or silver coin a tender in payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts or grant any title of nobility."
The house adjourned.
It was moved and seconded to appoint a committee to prepare an address to the people of the United States, to accompany the Constitution; which passed in the negative.
Yeas: Pennsylvania, Delaware, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, North Carolina, Georgia, 6.
It was moved and seconded to reconsider the 3d clause, 2d section, 1st article; which passed in the affirmative.
Yeas: New Hampshire, Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, New Jersey, 2. Divided: Pennsylvania, 1.
It was moved and seconded to——
[N. B. The volume containing the Journal of the Convention, deposited in the department of state by President Washington, terminates thus, leaving the Journal imperfect, and the Minutes of Saturday, September 15, crossed out with a pen. It has been completed in the following manner, by Minutes furnished, at the request of President Monroe, by Mr. Madison:—]
——add one member to the representatives of North Carolina, and of Rhode Island.
On the question as to Rhode Island, it passed in the negative.
Yeas: New Hampshire, Delaware, Maryland, North Carolina, Georgia, 5. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, South Carolina, 6.
On the question as to North Carolina, it passed in the negative.
Yeas: Maryland, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, 6.
It was moved to set aside article 1st, section 10th, clause 2d, and substitute,—
"No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress."
It was moved to strike out the words "and all such laws shall be subject to the revision and control of the Congress;" which passed in the negative.
It was moved and seconded to strike out "and all such laws shall be subject to the revision and control of Congress;" which passed in the negative.
Yeas: Virginia, North Carolina, Georgia, 3. Nays: New Hampshire Massachusetts, Connecticut, New Jersey, Delaware, Maryland, South Carolina, 7. Divided: Pennsylvania, 1.
The substitute was then agreed to.
It was moved and seconded to substitute, for 1st part of clause 2d, section 10th, article 1st, the words,—
"No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be indispensably necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress;"
which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 10. Nay: Virginia, 1.
It was moved,—
"That no state shall be restrained from laying duties on tonnage for the purpose of clearing harbors and erecting lighthouses."
It was moved,—
"That no state shall lay any duty on tonnage without the consent of Congress;"
which last motion passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Delaware, Maryland, South Carolina, 6. Nays: Pennsylvania, Virginia, North Carolina, Georgia, 4. Divided: Connecticut, 1.
The clause was then agreed to in the following form:—
"No state shall, without the consent of Congress, lay any duty on tonnage; keep troops or ships of war in time of peace; enter into any agreement or compact with another state or with a foreign power; or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."
Article 2d, section 1st, clause 6th. On motion to strike out the words "the period for choosing another President arrive," and insert "a President shall be elected," it passed in the affirmative.
It was moved to annex to clause 7th, section 1st, article 2d,—
"and he shall not receive, within that period, any other emolument from the United States, or any of them;"
which passed in the affirmative.
It was moved and seconded to annex to clause 7th, section 1st, article 2d, the words,—
"and he [the President] shall not receive, within that period, any other emolument from the United States, or any of them;"
which passed in the affirmative. Yeas: New Hampshire, Massachusetts, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 7. Nays: Connecticut, New Jersey, Delaware, North Carolina, 4.
Article 2d, section 2d. It was moved to insert "except in cases of treason;" which passed in the negative.
It was moved and seconded to insert the words "except in cases of treason," article 2d, section 2d; which passed in the negative.
Yeas: Virginia, Georgia, 2. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, 8. Divided: Connecticut, 1.
Article 2d, section 2d, clause 2d. It was moved to add,—
"but the Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law or in the heids of departments;"
which passed in the affirmative.
[The following verbal amendments to the 2d and 3d articles of the re- vised draft were also adopted.]
Article 2d, section 1st, clause 1st. Strike out the words "in the following manner," and insert in their stead the words "as follows."
Section 1st, clause 2d. Transpose the words "shall be appointed an elector," to the end of the clause; and instead of the word "nor" read "or."
Section 1st, clause 3d. Strike out the words "and not per capita" and the words "by the representatives."
Section 1st, clause 4th. Strike out the words "time in," and insert the words "day on;" strike out "but the election shall be on the same day," and insert "which day shall be the same."
Section 1st, clause 7th. Instead of "receive a fixed compensation for his services," read "receive for his services a compensation."
In the oath to be taken by the President, strike out the word "judgment," and insert "abilities."
Section 2d, clause 1st. After the words "militia of the several states," add the words "when called into the actual service of the United States."
Section 2d, clause 2d. After the words "provided for," add "and which shall be established by law."
Article 3d, section 1st. Strike out the words "both in law and equity."
Section 2d, clause 1st. Strike out the word "both." Article 3d, section 2d, clause 3d. It was moved to add the words "and a trial by jury shall be preserved, as usual, in civil cases;" which passed in the negative.
It was moved and seconded to annex,—
"but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments."
Article 2d, section 2d, clause 1st, passed in the negative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, North Carolina, 5. Nays: Massachusetts, Delaware, Virginia, South Carolina, Georgia, 5. Divided: Maryland, 1.
Article 4th, section 2d, clause 2d. Instead of "and removed," read "to be removed."
Section 2d, clause 3d. For "of regulations subsisting," read "of any law or regulation."
Article 4th, section 2d, clause 3d. It was moved to strike out the word "legally," and insert, after the word "state," the words "under the laws thereof."
Passed in the affirmative.
It was moved and seconded to strike out "legally," &c., article 4th, section 2d, clause 3d; which passed in the affirmative.
Yeas: Connecticut, Maryland, Virginia, North Carolina, Georgia, 5. Nays: Massachusetts, New Jersey, Pennsylvania, South Carolina. 4. Divided: New Hampshire, Delaware, 2.
Article 4th, section 3d. It was moved to insert, after the words "or parts of states," the words "or a state, and part of a state;" which passed in the negative.
Article 4th, section 4th. After the word "executive," insert "when the legislature cannot be convened."
Article 5th. It was moved to amend the article so as to require a convention on application of two thirds of the states; which passed in the affirmative.
It was moved and seconded to amend article 5th, so as to require a convention on the application of two thirds of the states. Passed in the affirmative.
Yeas: Connecticut, Pennsylvania, Delaware, Maryland. Virginia, North Carolina, South Carolina, Georgia, 8. Nays: New Hampshire, Massachusetts, New Jersey, 3.
It was moved and seconded to insert in article 4th, section 3d, after the words "or parts of states," the words "or a state and part of a state." Passed in the negative.
Yea: South Carolina, 1. Nays: New Hampshire, Massachusetts Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 10.
It was moved and seconded to strike out, after "legislatures," the words "of three fourths," and so after the word "conventions," article 5th—[leaving future conventions to proceed like the present.] Passed in the negative.
Yeas: Massachusetts, Connecticut, New Jersey, 3. Nays: Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Divided: New Hampshire, 1.
It was moved and seconded to strike out the words "or by conventions in three fourths thereof." Passed in the negative.
Yea: Connecticut, 1. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.
It was moved and seconded to annex to the end of article 5th a proviso,—
"that no state shall, without its consent, be affected in its internal police, or deprived of its equal suffrage in the Senate."
Passed in the negative.
Yeas: Connecticut, New Jersey, Delaware, 3. Nays: New Hampshire, Massachusetts, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8.
It was moved and seconded to strike out article 5th. Passed in the negative.
Yeas: Connecticut, New Jersey, 2. Nays: New Hampshire, Massachusetts, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Delaware, 1.
It was moved to strike out of article 5th, after the word "legislatures," the words "of three fourths," and also, after the word "conventions," so as to leave future conventions to act like the present Convention, according to circumstances; which passed in the negative.
It was moved to strike out the words "or by conventions in three fourths thereof;" which passed in the negative.
It was moved to annex to the article a further proviso,—
"that no state shall, without its consent, be affected in its internal police, or deprived of its equal suffrage in the Senate."
Passed in the negative.
It was moved to strike out the 5th article altogether which passed in the negative.
It was moved to add a proviso,— "that no state, without its consent, shall be deprived of its equal suffrage in the Senate;"
which passed in the affirmative.
It was moved, as a further proviso,—
"that no law, in nature of a navigation act, be passed, prior to the year 1808, without the consent of two thirds of each branch of the legislature;"
which passed in the negative.
Yeas: Maryland, Virginia, Georgia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, South Carolina, 7.
It was moved,—
" that amendments to the plan might be offered by the conventions, which should be submitted to, and finally decided on, by another General
Convention;"
which passed in the negative—all the states concurring.
It was moved and seconded,—
"that amendments to the plan might be offered by the state conventions, which should be submitted to, and finally decided on, by another General Convention."
Passed unanimously in the negative.
The blanks in the 5th article of the revised draft were filled up; and it was otherwise amended to read as follows:—
"The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year 1808 shall in any manner affect the 1st and 4th clauses in the 9th section of the 1st article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate."
On the question to agree to the Constitution as amended, it passed in the affirmative—ALL THE STATES CONCURRING.
Ordered, That the Constitution be engrossed. The house adjourned.
Close of the General Convention.
The engrossed Constitution being read, it was moved that the Constitution be signed by the members in the following, as a convenient form:—
"Done in Convention, by the unanimous consent of the states present the 17th September, &,c. In witness whereof, we have hereunto subscribed our names." It was moved to reconsider the clause declaring that "the number of representatives shall not exceed one for every forty thousand," in order to strike out "forty thousand," and insert "thirty thousand;" which passed in the affirmative.
On the question to agree to the Constitution, enrolled in order to be signed,—all the states answered, "Ay."
On the question to agree to the above form of signing, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 10. Divided: South Carolina, 1.
It was moved that the Journal, and other papers of the Convention, be deposited with the president; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.
The president having asked what the Convention meant should be done with the Journal, it was resolved, nem. con., "That he retain the Journal and other papers, subject to the order of the Congress, if ever formed under this Constitution."
The members proceeded to sign the Constitution; and the Convention then dissolved itself by an adjournment sine die.
- ↑ The two following statements are among the papers of Mr. Brearly, furnished by General Bloomfield. They have, apparently, reference to this resolution.
States Number Whites. Number Blacks. States Number Whites. New Hampshire 82,000 102,000 Delaware 37,000 Massachusetts Bay 352,000 Maryland 174,000 Rhode Island 58,000 Virginia 300,000 Connecticut 202,000 North Carolina 181,000 New York 238,000 South Carolina 93,000 New Jersey 138,000 145,000 Georgia 27,000 Pennsylvania 341,000 The following quotas of taxation are extracted from the printed journals of the old Congress, September 27, 1785:—
States. Quotas
of Taxes.Delegates. States. Quotas
of Taxes.Delegates. Virginia 512,974 16 New Jersey 166,716 5 Massachusetts Bay 443,854 14 New Hampshire 105,416 31⁄4 Pennsylvania 410,173 123⁄4 Rhode Island 64,636 2 Maryland 233,034 83⁄4 Delaware 44,336 11⁄4 Connecticut 264,182 8 Georgia 32,060 1 New York 256,436 8 3,000,000 90 North Carolina 218,012 63⁄4 South Carolina 192,366 6