Front Page Titles (by Subject) THURSDAY, JULY 26, 1787. - The Records of the Federal Convention of 1787, vol. 2
The Online Library of Liberty
A project of Liberty Fund, Inc.
Search this Title:
THURSDAY, JULY 26, 1787. - Max Farrand, The Records of the Federal Convention of 1787, vol. 2 
The Records of the Federal Convention of 1787, ed. Max Farrand (New Haven: Yale University Press, 1911). Vol. 2.
About Liberty Fund:
Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.
The text is in the public domain.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
THURSDAY, JULY 26, 1787.
It was moved and seconded to amend the third 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 [Ayes — 7; noes — 3.]
On the question to agree to the whole resolution respecting the supreme Executive namely.
Resolved That a national Executive be instituted
with power to carry into execution the national Laws
it passed in the affirmative. [Ayes — 6; noes — 3; divided — 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 [Ayes — 10; noes — 1.]
On the question to agree to the clause respecting the qualification as amended
it passed in the affirmative [Ayes — 8; noes — 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. [Ayes —3; noes — 7; divided — 1.]
It was moved and seconded to strike out the following words, namely
“or have unsettled accounts with”
which passed in the affirmative. [Ayes — 9; noes — 2.]
On the question to agree to the clause of disqualification as amended
it passed in the negative [Ayes — 2; noes — 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 ye affirmative
[To adjourn till monday AugustNA Ayes — 11; noes — 0.]1 and then the House adjourned till monday Augt 6th
Col. Mason. In every Stage of the Question relative to the Executive, the difficulty of the subject and the diversity of the opinions concerning it have appeared. Nor have any of the modes of constituting that department been satisfactory. 1. It has been proposed that the election should be made by the people at large; that is that an act which ought to be performed by those who know most of Eminent characters, & qualifications, should be performed by those who know least. 2 that the election should be made by the Legislatures of the States. 3. by the Executives of the States. Agst these modes also strong objections have been urged. 4. It has been proposed that the election should be made by Electors chosen by the people for that purpose. This was at first agreed to: But on further consideration has been rejected. 5. Since which, the mode of Mr Williamson, requiring each freeholder to vote for several candidates has been proposed. This seemed like many other propositions, to carry a plausible face, but on closer inspection is liable to fatal objections. A popular election 〈in any form〉, as Mr. Gerry has observed, would throw the appointment into the hands of the Cincinnati, a Society for the members of which he had a great respect; but which he never wished to have a preponderating influence in the Govt. 6. Another expedient was proposed by Mr. Dickenson, which is liable to so palpable & material an inconvenience that he had little 〈doubt〉 of its being by this time rejected by himself. It would exclude every man who happened not to be popular within his own State; tho’ the causes of his local unpopularity might be of such a nature as to recommend him to the States at large. 7. Among other expedients, a lottery has been introduced. But as the tickets do not appear to be in much demand, it will probably, not be carried on, and nothing therefore need be said on that subject. After reviewing all these various modes, he was led to conclude- that an election by the Natl Legislature as originally proposed, was the best. If it was liable to objections, it was liable to fewer than any other. He conceived at the same time that a second election ought to be absolutely prohibited. Having for his primary object, for the pole star of his political conduct, the preservation of the rights of the people, he held it as an essential point, as the very palladium of Civil liberty, that the great officers of State, and particularly the Executive should at fixed periods return to that mass from which they were at first taken, in order that they may feel & respect those rights & interests, Which are again to be personally valuable to them. He concluded with moving that the constitution of the Executive as reported by the Come. of the whole be re-instated, viz. “that the Executive be appointed for seven years, & be ineligible a 2d. time,”
Mr. Davie seconded the motion
Docr. Franklin. It seems to have been imagined by some that the returning to the mass of the people was degrading the magistrate. This he thought was contrary to republican principles. In free Governments the rulers are the servants, and the people their superiors & sovereigns. For the former therefore to return among the latter was not to degrade but to promote them- and it would be imposing an unreasonable burden on them, to keep them always in a State of servitude, and not allow them to become again one of the Masters.
Question on Col. Masons motion as above; 〈which passed in the affirmative〉
N. H. ay. Masts. not on floor. Ct. no. N. J. ay. Pa. no. Del. no. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes — 7; noes — 3; absent — 1.]
Mr. Govr. Morris was now agst. the whole paragraph. In answer to Col. Mason’s position that a periodical return of the great officers of the State into the mass of the people, was the palladium of Civil liberty he wd. observe that on the same principle the Judiciary ought to be periodically degraded; certain it was that the Legislature ought on every principle-yet no one had proposed. or conceived that the members of it should not be re-eligible. In answer to Docr. Franklin, that a return into the mass of the people would be a promotion. instead of a degradation, he had no doubt that our Executive like most others would have too much patriotism to shrink from the burden of his office, and too much modesty not to be willing to decline the promotion.
〈On the question on the whole resolution as amended in the words following2 — “that a National Executive be instituted — to consist of a single person — to be chosen by the Natl. legislature — for the term of seven years — to be ineligible a 2d. time — with power to carry into execution the natl. laws — to appoint to offices in cases not otherwise provided for — to be removeable on impeachment & conviction of mal-practice or neglect of duty — to receive a fixt compensation for the devotion of his time to the public service, to be paid out of the Natl. Treasury” — it passed in the affirmative3 〉
N. H. ay. Mas. not on floor. Ct. ay. N. J. ay. Pa. no. Del. no. Md. no. Va. divd. Mr. B. 〈Blair〉 & Col. M. 〈Mason〉 ay. Genl. W. 〈Washington〉 & Mr M — 〈Madison〉 no. Mr. Randolph happened to be out of the House. N- C- ay. S. C. ay. Geo. ay. [Ayes — 6; noes — 3; divided — 1; absent — 1.]
Mr Mason moved “that the Committee of detail be instructed to receive a clause requiring certain qualifications of landed property & citizenship 〈of the U. States〉 in members of the Legislature,4 and disqualifying persons having unsettled Accts. with or being indebted to the U. S. 〈from being members of the Natl. Legislature”〉5 — He observed that persons of the latter descriptions had frequently got into the State Legislatures, in order to promote laws that might shelter their delinquencies; and that this evil had crept into Congs. if Report was to be regarded.
Mr Pinckney seconded the motion
Mr Govr. Morris. If qualifications are proper, he wd. prefer them in the electors rather than the elected. As to debtors of the U. S. they are but few. As to persons having unsettled accounts he believed them to be pretty many. He thought however that such a discrimination would be both odious & useless. and in many instances unjust & cruel. The delay of settlemt. had been more the fault of the public than of the individuals. What will be done with those patriotic Citizens who have lent money, or services or property to their Country, without having been yet able to obtain a liquidation of their claims? Are they to be excluded?
Mr. Ghorum was for leaving to the Legislature, the providing agst such abuses as had been mentioned.
Col. Mason mentioned the parliamentary qualifications adopted in the Reign of Queen Anne, which he said had met with universal approbation
Mr. 〈Madison〉 had witnessed6 the zeal of men having accts. with the public, to get into the Legislatures for sinister purposes. He thought however that if any precaution were to be taken for excluding them, the one proposed by Col. M〈ason〉 ought to be new modelled. It might be well to limit7 the exclusion to persons who had recd money from the public, and had not accounted for it.
Mr Govr. Morris — It was a precept of great antiquity as well as of high authority that we should not be righteous overmuch. He thought we ought to be equally on our guard agst. being wise over much. The proposed regulation would enable the Govent. to exclude particular persons from office as long as they pleased He mentioned the case of the Commander in chief’s presenting his account for secret services, which he said was so moderate that every one was astonished at it; and so simple that no doubt could arise on it. Yet had the Auditor been disposed to delay the settlement, how easily might he have affected it, and how cruel wd. it be in such a case to keep a distinguished & meritorious Citizen under a temporary disability & disfranchisement. He mentioned this case merely to illustrate the objectionable nature of the proposition. He was opposed to such minutious regulations in a Constitution. The parliamentary qualifications quoted by Col. Mason, had been disregarded in practice; and was but a scheme of the landed agst the monied interest.
Mr Pinckney & Genl. Pinckney moved to insert by way of amendmt. the words Judiciary & Executive so as to extend the qualifications to those departments which was agreed to nem con
Mr. Gerry thought the inconveniency of excluding a few worthy individuals who might be public debtors or have unsettled accts ought not to be put in the Scale agst the public advantages of the regulation, and that the motion did not go far enough.
Mr. King observed that there might be great danger in requiring landed property as a qualification since it would exclude the monied interest, whose aids may be essential in particular emergencies to the public safety.8
Mr. Dickenson. was agst. any recital of qualifications in the Constitution. It was impossible to make a compleat one, and a partial one would by implication tie up the hands of the Legislature from supplying the omissions, The best defence lay in the freeholders who were to elect the Legislature. Whilst this Source should remain pure, the public interest would be safe. If it ever should be corrupt, no little expedients would repel the danger. He doubted the policy of interweaving into a Republican constitution a veneration for wealth. He had always understood that a veneration for poverty & virtue, were the objects of republican encouragement. It seemed improper that any man of merit should be subjected to disabilities in a Republic where merit was understood to form the great title to public trust, honors & rewards.
Mr Gerry if property be one object of Government, provisions for securing it can not be improper.
Mr. 〈Madison〉 moved to strike out the word landed, before the word, “qualifications”. If the proposition sd. be agreed to he wished the Committee to be at liberty to report the best criterion they could devise. Landed possessions were no certain evidence of real wealth. Many enjoyed them to a great extent who were more in debt than they were worth. The unjust laws of the States had proceeded more from this class of men, than any others. It had often happened that men who had acquired landed property on credit, got into the Legislatures with a view of promoting an unjust protection agst. their Creditors. In the next place, if a small quantity of land should be made the standard. it would be no security, — if a large one, it would exclude the proper representatives of those classes of Citizens who were not landholders. It was politic as well as just that the interests & rights of every class should be duly represented & understood in the public Councils. It was a provision every where established that the Country should be divided into districts & representatives taken from each, in order that the Legislative Assembly might equally understand & sympathise, with the rights of the people in every part of the Community. It was not less proper that every class of Citizens should have an opportunity of making their rights be felt & understood in the public Councils. The three principle classes into which our citizens were divisible, were the landed the commercial, & the manufacturing. The 2d. & 3rd. class, bear as yet a small proportion to the first. The proportion however will daily increase. We see in the populous Countries in Europe now, what we shall be hereafter. These classes understand much less of each others interests & affairs, than men of the same class inhabiting different districts. It is particularly requisite therefore that the interests of one or two of them should not be left entirely to the care, or the impartiality of the third. This must be the case if landed qualifications should be required; few of the mercantile, and scarcely any of the manufacturing class, chusing whilst they continue in business to turn any part of their Stock into landed property. For these reasons he wished if it were possible that some other criterion than the mere possession of land should be devised. He concurred with Mr. Govr. Morris in thinking that qualifications in the Electors would be much more effectual than in the elected. The former would discriminate between real & ostensible property in the latter; But he was aware of 〈the difficulty of〉 forming any uniform standard that would suit the different circumstances & opinions prevailing in the different States.
Mr. Govr Morris 2ded. the motion.
On the Question for striking out “landed”
N. H. ay. Mas. ay. Ct. ay N. J. ay. Pa. ay. Del. ay. Md. no Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes — 10; noes — 1.]
On Question on 1st. part of Col. Masons proposition as to qualification of property & citizenship” 〈as so amended〉9
N. H. ay. Masts. ay. Ct. no. N. J. ay. Pa. no. Del. no. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes — 8; noes — 3.]
“The 2d. part, for disqualifying debtors, and persons having unsettled accounts”, being under consideration
Mr. Carrol moved to strike out “having unsettled accounts”
Mr. Ghorum seconded the motion; observing that it would put the commercial & manufacturing part of the people on a worse footing than others as they would be most likely to have dealings with the public.
Mr. L- Martin. if these words should be struck out, and the remaining words concerning debtors retained, it will be the interest of the latter class to keep their accounts unsettled as long as possible.
Mr. Wilson was for striking them out. They put too much power in the hands of the Auditors, who might combine with rivals in delaying settlements in order to prolong the disqualifications of particular men. We should consider that we are providing a Constitution for future generations, and not merely for the peculiar circumstances of the moment. The time has been, and will again be when the public safety may depend on the voluntary aids of individuals which will necessarily open accts. with the public, and when such accts. will be a characteristic of patriotism. Besides a partial enumeration of cases will disable the Legislature from disqualifying odious & dangerous characters.
Mr. Langdon was for striking out the whole clause for the reasons given by Mr Wilson. So many Exclusions he thought too would render the system unacceptable to the people.
Mr. Gerry. If the argumts. used to day were to prevail, we might have a Legislature composed of public debtors, pensioners, placemen & contractors. He thought the proposed qualifications would be pleasing to the people. They will be considered as a security agst unnecessary or undue burdens being imposed on them 〈He moved to add “pensioners” to the disqualified characters which was negatived.
N. H. no Mas. ay. Con. no. N. J. no. Pa. no. Del no Maryd. ay. Va. no. N. C. divided. S. C. no. Geo. ay.〉10 [Ayes — 3; noes — 7; divided — 1.]
Mr. Govr. Morris The last clause, relating to public debtors will exclude every importing merchant. Revenue will be drawn it is foreseen as much as possible, from trade. Duties of course will be bonded. and the Merchts. will remain debtors to the public. He repeated that it had not been so much the fault of individuals as of the public that transactions between them had not been more generally liquidated & adjusted. At all events to draw from our short & scanty experience rules that are to operate through succeeding ages, does not savour much of real wisdom.
On question for striking out “persons having unsettled accounts with the U. States.”
N. H. ay. Mas. ay. Ct. ay. N. J. no. Pa. ay. Del. ay. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. no. [Ayes — 9; noes — 2.]
Mr. Elseworth was for disagreeing to the remainder of the clause disqualifying public debtors; and for leaving to the wisdom of the Legislature and the virtue of the Citizens, the task of providing agst. such evils. Is the smallest as well largest debtor to be excluded? Then every arrear of taxes will disqualify. Besides how is it to be known to the people when they elect who are or are not public debtors. The exclusion of pensioners & placemen in Engd is founded on a consideration not existing here. As persons of that sort are dependent on the Crown, they tend to increase its influence.
Mr. Pinkney sd. he was at first a friend to the proposition, for the sake of the clause relating to qualifications of property; but he disliked the exclusion of public debtors; it went too far. It wd. exclude persons who had purchased confiscated property or should purchase Western territory of the public, and might be some obstacle to the sale of the latter.
On the question for agreeing to the clause disqualifying public debtors
N. H. no. Mas- no. Ct. no. N- J. no. Pa. no. Del. no. Md. no. Va. no. N. C. ay. S. C. no. Geo. ay. [Ayes — 2; noes — 9.]
Col. Mason. observed that it would be proper, as he thought, that some provision should be made in the Constitution agst. choosing for the seat of the Genl. Govt. the City or place at which the seat of any State Govt. might be fixt. There were 2 objections agst. having them at the same place, which without mentioning others, required some precaution on the subject. The 1st. was that it tended to produce disputes concerning jurisdiction — The 2d. & principal one was that the intermixture of the two Legislatures tended to give a provincial tincture to ye Natl. deliberations. He moved that the Come. be instructed to receive a clause to prevent the seat of the Natl. Govt. being 〈in the same City or town with〉 the seat of 〈the Govt. of〉 any State 〈longer〉 than untill the necessary public buildings could be erected.11
Mr. Alex. Martin 2ded. the motion.
Mr. Govr. Morris did not dislike the idea, but was apprehensive that such a clause might make enemies of Philda. & N. York which had expectations of becoming the Seat of the Genl. Govt.
Mr. Langdon approved the idea also: but suggisted the case of a State moving its seat of Govt. to the natl. seat after the erection of the public buildings
Mr. Ghorum. the precaution may be evaded by the Natl. Legislre. by delaying to erect the public buildings
Mr. Gerry conceived it to be the genel. sense of America, that neither the Seat of a State Govt. nor any large commercial City should be the seat of the Genl. Govt.
Mr. Williamson liked the idea, but knowing how much the passions of men were agitated by this matter, was apprehensive of turning them agst. the system. He apprehended also that an evasion might be practiced in the way hinted by Mr. Ghorum.
Mr. Pinkney thought the seat of a State Govt. ought to be avoided; but that a large town or its vicinity would be proper for the seat of the Genl. Govt.
Col. Mason did not mean to press the motion at this time, nor to excite any hostile passions agst. the system. He was content to withdraw the motion for the present.
Mr. Butler was for fixing 〈by the Constitution〉 the place, & a central one, 〈for the seat of the Natl Govt〉
The 〈proceedings since monday last were referred unanimously to the〉12 Come. of detail, 〈and the Convention then unamously〉13 Adjourned till Monday. Augst. 6. that 〈the〉 Come. of detail 〈might〉 have time to prepare & report the Constitution:14
〈The whole proceedings as referred are as follow: (here copy them from the Journal p. 207.
With the above resolutions were referred the propositions offered by Mr. C. Pinckney on the 29th of May. & by Mr. Patterson on the 15th. of June.〉13
COMMITTEE OF DETAIL
[Among the Wilson Papers in the Library of the Historical Society of Pennsylvania are found a number of documents evidently relating to the work of the Committee of Detail. With a few additions from other sources, it is possible to present a nearly complete series of documents representing the various stages of the work of the Committee. All documents obtainable are here given.]
I1 [Proceedings of the Convention, June 19 — July 23.]
II2 [Proceedings of the Convention, July 24-July 26.]
Resolved That a National Executive be instituted
with power to carry into execution the national Laws
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.
1. A Confederation between the free and independent States of N. H. &c. is hereby solemnly made uniting them together under one general superintending Government for their common Benefit and for their Defense and Security against all Designs and Leagues that may be injurious to their Interests and against all Forc[e]4 and Attacks offered to or made upon them or any of them
2 The Stile
3 Mutual Intercourse — Community of Privileges — Surrender of Criminals — Faith to Proceedings &c.
4 Two Branches of the Legislature — Senate — House of Delegates — together the U. S. in Congress assembled
H. D. to consist of one Member for everyNA thousand Inhabitants of Blacks included
Senate to be elected from four Districts — to serve by Rotation of four Years — to be elected by the H. D. either from among themselves or the People at large
5 The Senate and H. D. shall by joint Ballot annually chuse the Presidt. U. S. from among themselves or the People at large. — In the Presidt. the executive Authority of the U. S. shall be vested. — His Powers and Duties — He shall have a Right to advise with the Heads of the different Departments as his Council
6 Council of Revision, consisting of the Presidt. S. for for. Affairs, S. of War, Heads of the Departments of Treasury and Admiralty or any two of them togr wt the Presidt.
7 The Members of S. & H. D. shall each have one Vote, and shall be paid out of the common Treasury.
8 The Time of the Election of the Members of the H. D. and of the Meeting of U. S. in C. assembled.
9 No State to make Treaties — lay interfering Duties — keep a naval or land Force (Militia excepted to be disciplined &c according to the Regulations of the U. S.
10. Each State retains its Rights not expressly delegated — But no Bill of the Legislature of any State shall become a law till it shall have been laid before S. &. H. D. in C. assembled and received their Approbation.
11. The exclusive Power of S & H. D. in C. Assembled
12. The S. & H. D. in C. ass. shall have the exclusive Power of regulating Trade and levying Imposts — Each State may lay Embargoes in Time of Scarcity
13 ——— of establishing Post-Offices
14. S. & H. D. in C. ass. shall be the last Resort on Appeal in Disputes between two or more States; which Authority shall be exercised in the following Manner &c
15. S. & H. D. in C. ass. shall institute Offices and appoint Officers for the Departments of for. Affairs, War, Treasury and Admiralty —
They shall have the exclusive Power of declaring what shall be Treason & Misp. of Treason agt. U. S. — and of instituting a federal judicial Court, to which an Appeal shall be allowed from the judicial Courts of the several States in all Causes wherein Questions shall arise on the Construction of Treaties made by U. S. — or on the Law of Nations — or on the Regulations of U. S. concerning Trade & Revenue — or wherein U. S. shall be a Party — The Court shall consist ofNA Judges to be appointed during good Behaviour — S. & H. D. in C. ass shall have the exclusive Right of instituting in each State a Court of Admiralty, and appointing the Judges &c of the same for all maritime Causes which may arise therein respectively.
16. S & H. D. in C. ass. shall have the exclusive Right of coining Money — regulating its Alloy & Value — fixing the Standard of Weights and Measures throughout U. S.
17. Points in which the Assent of more than a bare Majority shall be necessary.
18 Impeachments shall be by the H. D. before the Senate and the judges of the federal judicial Court.
19. S. & H. D. in C. ass. shall regulate the Militia thro’ the U. S.
20. Means of enforcing and compelling the Payment of the Quota of each State.
21. Manner and Conditions of admiting new States.
22. Power of dividing annexing and consolidating States, on the Consent and Petition of such States.
23. The assent of the Legislature ofNA States shall be sufficient to invest future additional Powers in U. S. in C. ass. and shall bind the whole Confederacy.
24. The Articles of Confederation shall be inviolably observed,× and the Union shall be perpetual; ×unless altered as before directed5
25 The said States of N. H. &c guarantee mutually each other and their Rights against all other Powers and against all Rebellions &c.
In the draught of a fundamental constitution, two things deserve attention:
1. A preamble seems proper not for the purpose of designating the ends of government and human polities — This (business, if not fitter for the schools, is at least sufficiently exausted) display of theory, howsoever proper in the first formation of state governments, (seems) is unfit here; since we are not working on the natural rights of men not yet gathered into society, but upon those rights, modified by society, and (supporting) interwoven with what we call (states) the rights of states — Nor yet is it proper for the purpose of mutually pledging the faith of the parties for the observance of the articles — This may be done more solemnly at the close of the draught, as in the confederation — But the object of our preamble ought to be briefly to (represent) declare, that the present foederal government is insufficient to the general happiness, that the conviction of this fact gave birth to this convention; and that the only effectual (means) 〈mode〉 which they (could) 〈can〉 devise, for curing this insufficiency, is the establishment of a supreme legislative executive and judiciary — (In this manner we may discharge the first resolution. We may then proceed to establish)6a Let it be next declared, that the following are the constitution and fundamentals of government for the United States6b — After this introduction, let us proceed to the
2. First resolution — This resolution involves three particulars
In the next place, treat of the legislative, judiciary and executive in their order, and afterwards, of the miscellaneous subjects, as they occur, bringing together all the resolutions, belonging to the same point, howsoever they may be scattared about and leaving to the last the steps necessary to introduce the government — (Tak) The following plan is therefore submitted
I The Legislative
11. The qualification of electors shall be the same (throughout the states; viz.) with that in the particular states unless the legislature shall hereafter direct some uniform qualification to prevail through the states.
previous residence for one year, or possession of real property within the state for the whole of one year, or inrolment in the militia for the whole of a years.)8
(12. All persons who are may be elected)
4 b) The Senate —
The following are
agrd. 1. To raise money by taxation, unlimited as to sum, for the (future) past (or) 〈&〉 future debts and necessities of the union and to establish rules for collection
agrd. No Taxes on exports. — Restrictions 1. direct taxation proportioned to representation 2. No (headpost) capitation-tax which does not apply to all inhabitants under the above limitation (& to be levied uniform) 3. no (other) indirect tax which is not common to all 4. (Delinquencies shall be be distress — [illegible words]) 5. To regulate commerce 〈both foreign & domestic〉
〈Insert the 11 Article〉
(All laws of a particular state, repugnant hereto, shall be void, and in the decision thereon, which shall be vested in the supreme judiciary, all incidents without which the general principles cannot be satisfied shall be considered, as involved in the general principle.)
〈That Trials for Criml. Offences be in the State where the Offe was comd — by Jury — and a right to make all Laws necessary to carry the foregoing Powers into Execu —〉
The object of an address is to satisfy the people of the propriety of the proposed reform.
To this end the following plan seems worthy of adoption
This is the shortest scheme, which can be adopted. For it would be strange to ask (for) new powers, without assigning some reason — it matters not how general soever — which may apply to all of them Besides we ought to furnish the advocates of the plan in the country with some general topics. Now I conceive, that these heads do not more, than comprehend the necessary points.
The Continuation of the Scheme
to be added
We the People of (and) 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 of our Posterity.
The Stile of this Government shall be the “United People and States of America.”
The Government shall consist of supreme legislative, executive and judicial Powers.
The (Supreme) legislative Power shall be vested in a Congress to consist of two separate and distinct Bodies of Men, (one to be called the) a House of Representatives, (the other to be called the) and a Senate (of) each of which shall in all Cases have a Negative on the other (in all cases not otherwise provided for in this Constitution)
The Members of the House of Representatives shall be chosen every second Year (in the Manner following) by the People of the several States comprehended within this Union (the Time and Place and the Manner and the of holding the Elections and the Rules) The Qualifications of the Electors shall be (appointed) prescribed by the Legislatures of the several States; but their provisions (which they shall make concerning them shall be subject to the Control of) concerning them may at any Time be altered and superseded by the Legislature of the United States.
(No person shall be capable of being chosen) Every Member of the House of Representatives shall be (twenty-five Years of Age) 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, (from) in which he shall be chosen.
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 65 Members, of whom three shall be chosen in New-Hampshire, eight in Massachusetts, &c.
As the (present) Proportions of Numbers in the different States will alter from Time to Time; as some of the States may be hereafter divided; as others may be enlarged by Addition of Territory, or two or more States may be united; and as new States will be erected within the Limits of the United States; the Legislature shall, in each of these cases, possess Authority to regulate the Number of Representatives by the Number of Inhabitants according to the provisions herein after made.
(Representation) Direct Taxation shall always be in Proportion to (direct Taxation.) Representation in the House of Representatives.
(In order to ascertain and regulate the Proportions of direct Taxation from Time to Time, the Legislature of the United States shall, within six Years after its first Meeting and within the Term of every ten Years afterwards, cause)
The Proportions of direct Taxation shall be regulated by the whole Number of white and other Free Citizens and Inhabitants of every &c. which Number (shall) shall, (be taken) within six Years after the first Meeting of the Legislature (of the United States,) and within the Term of every ten Years afterwards, be taken in such Manner as the said Legislature shall direct (and appoint).
From the first Meeting of the Legislature until the Number of Citizens and Inhabitants shall be taken (in the Manner beforementioned) as aforesaid, direct Taxation shall be in Proportion to the Number of (Inhabitants) Representatives chosen in each State.
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.
The House of Representatives shall be the grand Inquest of this Nation; and all Impeachments shall be made by them. Vacancies in the House of Representatives shall be supplied by Writs of Election from the (Supr) Executive (Pow) Authority of the State in the Representation (of) from which they shall happen.
The House of Representatives shall chuse its own Speaker and other Officers
The (Members of the) Senate of the United States shall be chosen (every sixth year) by the Legislatures of the several States; Each (of which) Legislature shall chuse two Members. (The votes shall not be given by States, but by the Members separately from each State.) Each Member shall have one Vote.
The Members of the Senate shall be chosen for six Years; provided that immediately after the first Election they (Members of the Senate) shall (by) be divided by Lot into three Classes as nearly as may be, and numbered one, two and three. The Seats of the Members of the first Class shall be vacated at the Expiration of the second Year, (th) of the second Class at the Expiration of the fourth Year, of the third Class at the (End) Expiration of the sixth Year, (that a) and so on continually, that a third Part of the Members of the Senate may be (biennially) chosen every second Year.
Every Member of the Senate shall be of the Age of thirty Years at least (thirty Years of Age), shall have been a citizen in 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
The Senate (shall be empowered) of the United States shall have Power to make Treaties of (Peace, of Alliance, and of Commerce,) to send Ambassadors, and to appoint the Judges of the Supreme national Court
Each House of the Legislature shall possess the right of originating (Acts) Bills, except in Cases beforementioned
An Appeal for the Correction of all Errors both in Law and Fact
That the United States in Congress be authorised — to pass Acts for raising a Revenue, — by levying 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 foederal Purposes as they shall deem proper and expedient — to make Rules and Regulations for the Collection thereof — to pass Acts for the Regulation of Trade and Commerce as well with foreign Nations as with each other to lay and collect Taxes
That the Executive direct all military Operations
That the Judiciary have authority to hear and determine all Impeachments of foederal Officers; and, by Way of Appeal, in all Cases touching the Rights of Ambassadors — in all Cases of Capture from an Enemy — in all Cases of Piracies and Felonies on the high Seas — in all Cases of Revenue — in all Cases in which Foreigners may be interested in the Construction of any Treaty, or which may arise on any Act for regulating Trade or collecting Revenue or on the Law of Nations, or general commercial or marine Laws
If any State, or any Body of Men in any State, shall oppose or prevent the carrying into Execution the Acts or Treaties of the United States; the Executive shall be authorised to enforce and compel Obedience by calling forth the Powers of the United States.
That the Rule for Naturalization ought to be the same in every State
The Legislature shall consist of two distinct Branches — a Senate and a House of Delegates, each of which shall have a Negative on the other, and shall be stiled the U. S. in Congress assembled.
Each House shall appoint its own Speaker and other Officers, and settle its own Rules of Proceeding; but neither the Senate nor H. D. shall have the power to adjourn for more thanNA Days, without the (other) Consent of both.
There shall be a President, in which the Ex. Authority of the U. S. shall be vested. It shall be his Duty to inform the Legislature of the Condition of U. S. so far as may respect his Department — to recommend Matters to their Consideration — to correspond with the Executives of the several States — to attend to the Execution of the Laws of the U. S. — to transact Affairs with the Officers of Government, civil and military — to expedite all such Measures as may be resolved on by the Legislature — to inspect the Departments of foreign Affairs — War — Treasury — Admiralty — to reside where the Legislature shall sit — to commission all Officers, and keep the Great Seal of U. S. — He shall, by Virtue of his Office, be Commander in chief of the Land Forces of U. S. and Admiral of their Navy — He shall have Power to convene the Legislature on extraordinary Occasions — to prorogue them, provided such Prorogation shall not exceedNA Days in the space of anyNA — He may suspend Officers, civil and military
The Legislature of U. S. shall have the exclusive Power — of raising a military Land Force — of equiping a Navy — of rating and causing public Taxes to be levied — of regulating the Trade of the several States as well with foreign Nations as with each other — of levying Duties upon Imports and Exports — of establishing Post-Offices, and raising a Revenue from them — of regulating Indian Affairs — of coining Money — fixing the Standard of Weights and Measures — of determining in what Species of Money the public Treasury shall be supplied.
The foederal judicial Court shall try Officers of the U. S. for all Crimes &C in their Offices — (and to this Court an Appeal shall be allowed from the Courts of)
The Legislature of U. S. shall have the exclusive Right of instituting in each State a Court of Admiralty for hearing and determining maritime Causes.
The power of impeaching shall be vested in the H. D. — The Senators and Judges of the foederal Court, be a Court for trying Impeachments.
The Legislature of U. S. shall possess the exclusive Right of establishing the Government and Discipline of the Militia of — and of ordering the Militia of any State to any Place within U. S.
mitted on the same Terms with the original States: But the Legislature may make Conditions with the new States (with Respect to) concerning the (then subsisting) public Debt (of the United States) which shall be then subsisting
The United States shall guaranty to each State a (A) Republican Form of Government (shall be guarantied to each State by the United States); and (the) shall protect each State (from) against (domestic Violence) foreign Invasion and, on the Application of its Legislature (from foreign Invasions) against domestic Violence.
This Constitution ought to be amended whenever such Amendment shall become necessary; and on the Application of the Legislatures of two thirds of the States in the Union, the Legislature of the United States shall call a Convention for that Purpose.
The Members of the Legislature, and the executive and judicial Officers of the United States and of the several States shall be bound by Oath to support this Constitution.
Resolved, That the Constitution proposed by this Convention, to the People (and States) of the Uni(on)ted States for their approbation (should, as soon as may be laid) be (to) laid before the United States in Congress assembled for their Agreement and Recommendation and (should) be afterwards (be) submitted to a Convention chosen in each State under the Recommendation of its Legislature, in order to receive the Ratification of such Convention.
Resolved, That the Ratification of the Conventions ofNA States shall be sufficient for organizing this Constitution: That each assenting (State) Convention shall notify its Assent and Ratification to the United States in Congress assembled: That the United States in Congress assembled, after receiving the Assent and Ratification of the Conventions ofNA States shall appoint and publish a Day, as early as may be, and appoint a Place for (organizing and) commencing (Oper) Proceedings under this Constitution: That after such Publication or, — in case it shall not be made, — (after on) after the Expiration ofNA Days (after) from the Time when the Ratification of the Convention of theNA State shall have been notified to Congress the Legislatures of the several States shall (chuse) elect Members of the Senate, and direct the Election of Members of the House of Representatives, and shall provide for their support: That the Members of the Legislature shall meet at the Time and Place assigned by Congress or, — if Congress shall have assigned not Time and Place, — at such Time and Place as shall have been agreed on by the Majority of the Members elected for each House, and shall as soon as may be after their Meeting chuse the (Governour) President of the United States and proceed to (carry) execute this Constitution.
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.
The Stile of this Government shall be. “the United States of America”.
The Government shall consist of supreme legislative, executive, and judicial Powers.
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 〈To meet on the 1st Monday every December —〉
The Members of the House of Representatives shall be chosen every second Year, by the People of the several States comprehended within this Union. The Qualifications of the Electors shall be (prescribed by the Legislatures of the several States; but these Provisions concerning them may, at any Time be altered and superseded by the Legislature of the United States) the same from Time to Time as those of the Electors, in the several States, of the most numerous Branch of their own Legislatures.
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.
The House of Representatives shall, at its first Formation, and until the Number of Citizens and Inhabitants shall be taken in the Manner herein after 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.
As the Proportions of Numbers in different States will alter from Time to Time; as some of the States may be hereafter divided; as others may be enlarged by Addition of Territory; as two or more States may be united; and as new States will be erected within the Limits of the United States, the Legislature shall, in each of these Cases (possess authority to) regulate the Number of Representatives by the Number of Inhabitants, according to the Provisions herein after made.
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.
The House of Representatives shall (be the grand Inquest of the Nation; and all) 〈have the sole Power of〉 Impeachment(s shall be made by them).
Vacancies in the House of Representatives shall be supplied by Writs of Election from the Executive Authority of the State, in the representation from which they shall happen.
The House of Representatives shall chuse its (own) Speaker and other Officers.
The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall chuse two Members. Each Member shall have one Vote.
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, (and so continually) 〈so〉 that a third Part of the Members (of the Senate) may be chosen every second Year.
Every Member of the Senate shall be of the Age of thirty Years at least; shall have been a Citizen in 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.
The Senate shall (be comp) chuse its own President and other Officers
(Each House of the Legislature shall possess the Right of originating Bills, except in the Cases beforementioned.)
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 (or superseded) by the Legislature of the United States.
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 (proper and 〈fit〉) expedient.
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.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members.
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.
Each House (shall have Authority to) may determine the Rules of its Proceedings, (and to) may punish its (own) Members for disorderly Behaviour. (Each House) and may expel a Member, (but not a second Time for the same Offence).
The House of Representatives, and the Senate, when it shall be acting in a legislative Capacity, (Each House) 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 (any) 〈⅕th. of the〉 Member〈s〉 be entered on the Journal.
Neither House (shall adjourn for more than three Days;) without the Consent of the other 〈shall adjourn for more than three Days〉; nor (without such Consent,) to any other Place than that, at which the two Houses are sitting. But this Regulation shall (be applied) 〈not extend〉 to the Senate (only in its legislative Capacity.) 〈when it shall exercise the Powers mentd. in theNA Article.〉
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 be respectively elected: And the Members of the Senate shall be ineligible to, and incapable of holding any such Office for one Year afterwards.
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.
The enacting Stile 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”.
Each House shall possess the Right of Originating Bills, except in the Cases beforementioned.
Every Bill, which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the (Governour) 〈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 (Governour) 〈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 be 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 (Governour) 〈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 (be returned on the first Day of the next Meeting of the Legislature) 〈not〉.
The Legislature of the United States shall have the (Right and) Power to lay and collect Taxes, Duties, Imposts and Excises; to regulate (Naturalization and) Commerce 〈with foreign Nations & amongst the several States〉; to establish an uniform Rule for Naturalization throughout the United States; to coin Money; to regulate the (Alloy and) 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 Ballott; to constitute Tribunals inferior to the Supreme (national) Court; to make Rules concerning Captures on Land or Water; to declare the Law and Punishment of Piracies and Felonies committed on the high Seas, and the Punishment of counterfeiting the 〈Coin〉 (and) 〈of the U. S. &〉 of Offences against the Law of Nations; (to declare what shall be Treason against the United States;) 〈& of Treason agst the U: S: or any of them; not to work Corruption of Blood or Forfeit except during the Life of the Party;〉 to regulate the Discipline of the Militia of the several States; 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 (make laws for) call(ing) forth the Aid of the Militia, in order to execute the Laws of the Union, (to) enforce Treaties, (to) suppress Insurrections, and repel invasions; and to make all Laws that shall be necessary and proper for carrying into (full and complete) 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;
(Direct Taxation shall always be in Proportion to Representation in the House of Representatives.)
The proportions of direct Taxation shall be regulated by 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; 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.
From the first Meeting of the Legislature until the Number of Citizens and Inhabitants shall be taken as aforesaid, direct Taxation shall be in Proportion to the Number of Representatives chosen in each State.
No Tax or Duty shall be laid by the Legislature, on Articles exported from any State; nor on the emigration or Importation of such Persons as the several States shall think proper to admit; nor shall such emigration or Importation be prohibited.
No Capitation Tax shall be laid, unless in Proportion to the Census herein before directed to be taken.
No Navigation Act shall be passed without the Assent of two thirds of the Members present in each House.
The United States shall not grant any Title of Nobility.
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.
No State shall enter into any (Al) Treaty, Alliance (or) Confederation 〈with any foreign Power nor witht. Const. of U. S. into any agreemt. or compact wh (any other) another State or Power〉; nor lay any Imposts or Duties on Imports;18 nor keep Troops or Ships of War in Time of Peace;18 nor grant Letters of Marque and Reprisal; nor coin Money; nor (emit Bills of Credit), without the Consent of the Legislature of the United States, 〈emit Bills of Credit.〉 No State shall, without such Consent 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. No State shall grant any Title of Nobility.
The Senate of the United States shall have Power to make Treaties; to send Ambassadors; and to appoint the Judges of the Supreme (national) Court.
In all Disputes and Controversies now subsisting, or that may hereafter subsist between two or more States 〈respecting (Territory) Jurisdn 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 also 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 (Part) of the Judges, who shall hear the Cause, agree in the Determination. If either Party shall neglect to attend at the Day assigned, without shewing 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 (Secretary or) 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.”
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.
The Executive Power of the United States shall be vested in a single Person. His Stile 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.
He shall from Time to Time give information 〈to the Legislature〉 of the State of the (Nation to the Legislature) 〈Union〉; he may recommend (Matters) 〈such measures as he shall judge nesy. & expedt.〉 to their Consideration, and (he) may convene them on extraordinary Occasions 〈& in Case of a disagreement between the 2 Houses with regard to the Time of Adj. he may adjourn them to such Time as he shall think proper.〉19 (He shall take Care to the best of his Ability, that the Laws) 〈It shall be his duty to provide for the due & faithful exec — of the Laws〉 of the United States (be faithfully executed) 〈to the best of his ability〉. He shall commission all the Officers of the United States and (shall) appoint (Officers in all Cases) (〈such of them whose appts.) them in all cases〉 not otherwise provided for by this Constitution. He shall receive Ambassadors, and shall correspond with the (Governours and other) 〈Supreme〉 Executives (Officers) 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 fixed Compensation, which shall neither be encreased 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 (dismissed) removed from his Office on Impeachment by the House of Representatives, and Conviction in the Supreme (National) Court, of Treason (or) Bribery or Corruption. In Case of his Impeachment, (Dismission) Removal, Death, Resignation or Disability to discharge the Powers and Duties of his (Department) Office; the President of the Senate shall exercise those Powers and Duties, until another President of the United States be chosen, or until the President impeached or disabled be acquitted, or his Disability be removed.
All Commissions, Patents and Writs shall be in the Name of “the United (People and) States of America.”
The Judicial Power of the United States shall be vested in one Supreme (National) Court, and in such (other) 〈inferior〉 Courts as shall, from Time to Time, be constituted by the Legislature of the United States.
The Judges of the Supreme (National) Court shall (be chosen by the Senate by Ballott). (They shall) hold their Offices during good Behaviour. They shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The Jurisdiction of the Supreme (National) Court shall extend to all Cases arising under Laws passed by the Legislature of the United States; to all Cases affecting Ambassadors (and other) 〈other〉 public Ministers 〈& Consuls〉, to the Trial of Impeachments of Officers of the United States; to all Cases of Admiralty and Maritime Jurisdiction; to Controversies between 〈States, — except those wh. regard Jurisdn or Territory, — betwn〉 a State and a Citizen or Citizens of another State, between Citizens of different States and between 〈a State or the〉 Citizens (of any of the States) 〈thereof〉 and foreign States, Citizens or Subjects. In Cases of Impeachment, (those) 〈Cases〉 affecting Ambassadors (and) other public Ministers 〈& Consuls〉, and those in which a State shall be (one of the) 〈a〉 Part(ies)〈y〉, this Jurisdiction shall be original. In all the other Cases beforementioned, it shall be appellate, with such Exceptions and under such Regulations as the Legislature shall make. The Legislature may (distribute) 〈assign any part of〉 th(is)e Jurisdiction 〈above mentd., — except the Trial of the Executive —〉, in the Manner and under the Limitations which it shall think proper (among) 〈to〉 such (other) 〈inferior〉 Courts as it shall constitute from Time to Time.
(Crimes shall be tried) 〈&〉 in the State, (in which) 〈where〉 they shall be committed; (and) The Trial of (them) 〈all Criml Offences, — except in Cases of Impeachment —〉 shall be by Jury.
〈Judgmts. in Cases of Impeachmt. shall not extend further than to removal from Office & disqualifn. to hold & enjoy any place of Honr. Trust or Profit under the U. S. But the party convicted shall nevertheless be liable & subject to Judl. Trial Judt & Punishment according to (the) Law of (the Land)〉
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 Legislatures of such States shall be also necessary to its Admission. If (such) 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.
〈The free (inhabs) Citizens of each State shall be intitled to all Privileges & Immunities of free Citizens in the sevl States20
Any person charged with Treason Felony or high Misdemeanor who shall flee from Justice & be found in any of the U States shall on demd of the executive power of the State from wh. he fled be delivd. up & removed to the State havg Jurisdn of (the tr) the Offence. —
Full Faith & Credit &c〉
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.
This Constitution ought to be amended whenever such amendment shall become necessary; and on the Application of (two thirds) the Legislatures of two thirds of the States of the Union, the Legislature of the United States shall call a Convention for that Purpose.
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.
(〈In order to introduce this Governnt〉)
(That) this Constitution proposed (by this Convention to the People of the United States for their Approbation should) 〈shall〉 be laid before the United States in Congress assembled for their (Agreement and Recommendation) 〈Approbation〉 and 〈that in the opinn. of this Conventn. it shd〉 be afterwards submitted to a Convention chosen in each State, under the Recommendations of its Legislature in Order to receive the Ratification of such Convention.
〈In order to introde. this Govt it is the opinn of this Convn that〉 That the Ratification of the Conventions ofNA States shall be sufficient for organizing this Constitution. (That each) each assenting Convention (in each) (shall) 〈shd.〉 notify its Assent and Ratification to the United States in Congress assembled: (That the United States in) that Congress (assembled), after receiving the Assent and Ratification of the Conventions ofNA States, (shall) 〈shd.〉 appoint and publish a Day, as early as may be, and appoint a Place for commencing Proceedings under this Constitution: That after such Publication (or, — in Case it shall not be made — after the expiration ofNA Days from the Time when the Ratification of the Convention of theNA State shall have been notified to Congress,) the Legislatures of the several States (shall) shd. elect Members of the Senate, and direct the Election of Members of the House of Representatives (and shall provide for their support). That the Members of the Legislature (shall) shd. meet at the Time and Place assigned by Congress, (or, — if Congress shall have assigned no Time and Place — at such Time and Place as shall have been agreed on by the Majority of the Members elected for each House;) and (shall) 〈shd.〉 as soon as may be, after their Meeting, choose the President of the United States, and proceed to execute this Constitution.
Returned to Philada. The committee of Convention ready to report. Their report in the hands of Dunlop the printer to strike off copies for the members.
[1 ]Vote 231, Detail of Ayes and Noes.
[2 ]Madison originally recorded, “Question on the whole clause including Col. Mason’s amendment”. Later he substituted from Journal the words of the text.
[3 ]For further discussion of this subject, see references under September 6, note 23.
[4 ]Crossed out: “Executive & Judiciary”.
[5 ]Revised from Journal.
[6 ]Crossed out “the evil mentioned by Col. Mason”.
[7 ]Crossed out “to avoid objections by limiting”.
[8 ]See Appendix A, CLXXII.
[9 ]Taken from Journal.
[10 ]Undoubtedly taken from Journal, although there is no clue there that the motion was made by Gerry.
[11 ]Revised from Journal.
[12 ]Madison originally noted that “The Resolution constituting the executive as amended, was referred”. Later he struck that out and substituted from Journal the wording of the text.
[13 ]Taken from Journal.
[14 ]The appointment of a committee, its members and general purpose, and the adjournment of the Convention until August 6, were reported in the local newspapers. See further Appendix A, LXX-LXXVII.
[1 ]This document, found among the Wilson Papers, evidently represents the proceedings referred to the Committee of Detail by the resolution of July 23. On the first page is an estimate of representation based upon state requisitions; see Records of June 9, note 24.
[2 ]Compiled from the Records to supplement I.
[3 ]This document, found among the Wilson Papers, is evidently an outline of the Pinckney Plan. See Appendix D. The New Jersey Plan was also referred to the Committee of Detail.
[4 ]Or “Foes”.
[5 ]The crosses are evidently intended to indicate that the last two clauses should be reversed.
[6 ]This document was found among the Mason Papers in the possession of the late Mrs. St. George Tucker Campbell of Philadelphia, a great-granddaughter of George Mason. It was reproduced in photographic facsimile by William M. Meigs, in the Growth of the Constitution (Philadelphia, J. B. Lippincott Company. Copyright by William M. Meigs, 1899). It is reprinted here by the courtesy of Mr. Meigs and the Lippincott Company.
[6a]Marginal note crossed out: “1st resolution”.
[6b]Marginal note crossed out: “2d resolution”.
[7 ]Marginal note crossed out: “qu: if a certain term of residence and a certain quantity of landed property ought not to be made by the convention further qualifications.”
[8 ]Marginal note crossed out: “These qualifications are not justified by the resolutions.”
[9 ]“arrest” underscored in the original.
[10 ]“arrest” underscored in the original.
[11 ]Marginal note.
[12 ]Madison ascribes this provision to the constitution of Virginia, see Appendix A, CCCXCII.
[13 ]Document V in Wilson’s handwriting was found among the Wilson Papers. It appears to be the beginning of a draft with an outline of the continuation. Parts in parentheses were crossed out in the original.
[14 ]Found among the Wilson Papers and in Wilson’s handwriting. Portions in parentheses represent parts crossed out. Italics represent later insertions.
[15 ]Documents VI and VIII are on two sheets of four pages each. Between them is placed Document VII, consisting of a smaller single sheet of two pages. It is in Wilson’s hand, but written with a finer pen. The first portion is evidently an extract from the New Jersey plan and the latter portion (after the break and beginning “The Legislature shall consist”) was identified by Professor Jameson as extracts from the original Pinckney Plan (see his Studies in the History of the Federal Convention of 1787, 128-132. )
[16 ]Found among Wilson papers, a continuation of VI, see above notes 14 and 15.
[17 ]Found among the Wilson Papers, and in Wilson’s handwriting, but with emendations in Rutledge’s hand. Parts in parentheses were crossed out in the original; italics represent additions by Wilson; emendations by Rutledge are in angle brackets 〈 〉.
[18 ]This clause was underscored in the original.
[19 ]See Appendix A, CCX.
[20 ]Pinckney claimed to have introduced this clause into the Constitution, see Appendix A, CCCXXXVIII.