EconlibThe LibraryOther Sites |
Front Page Titles (by Subject) CREDENTIALS OF MEMBERS OF THE FEDERAL CONVENTION. - The Debates in the Several State Conventions of the Adoption of the Federal Constitution vol. 1
Return to Title Page for The Debates in the Several State Conventions of the Adoption of the Federal Constitution vol. 1The Online Library of LibertyA project of Liberty Fund, Inc.Search this Title:Also in the Library:
CREDENTIALS OF MEMBERS OF THE FEDERAL CONVENTION. - Jonathan Elliot, The Debates in the Several State Conventions of the Adoption of the Federal Constitution vol. 1 [1827]Edition used:The debates in the several state conventions on the adoption of the federal Constitution, as recommended by the general convention at Philadelphia, in 1787. Together with the Journal of the federal convention, Luther Martin’s letter, Yates’s minutes, Congressional opinions, Virginia and Kentucky resolutions of ‘98-‘99, and other illustrations of the Constitution … 2d ed., with considerable additions. Collected and rev. from contemporary publications, by Jonathan Elliot. Pub. under the sanction of Congress. (1836), 5 vols.
Part of: The Debates in the Several State Conventions of the Adoption of the Federal Constitution, 5 vols.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. Copyright information: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.
CREDENTIALS OF MEMBERS OF THE FEDERAL CONVENTION.STATE OF NEW HAMPSHIRE.
An Act for appointing Deputies from this State to the Convention proposed to be holden in the City of Philadelphia, in May, 1787, for the Purpose of revising the federal Constitution 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. JOHN SPARHAWK, Speaker. In Senate, the same day. This bill having been read a third time, — voted that the same be enacted. JOHN SULLIVAN, President. Copy examined, per Joseph Pearson,Secretary. [l. s.] COMMONWEALTH OF MASSACHUSETTS.[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, 1787, 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 General 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. Given at the Council Chamber, in Boston, the ninth day of April, 1787, and in the 11th year of the independence of the United States of America. JAMES BOWDOIN. — 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, 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 by GEORGE WILLYS, Secretary. STATE OF NEW YORK.[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. GEO. CLINTON. State of New York. — In Assembly,February 28, 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. JOHN M’KESSON, Clerk. 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. In testimony whereof, the great seal of the state is hereunto affixed. Witness, William Livingston, Esq., governor, captain-general, and commander-in-chief in and over the state of New Jersey, and territories thereunto belonging, chancellor and ordinary in the same, at Trenton, the 23d day of November, in the year of our Lord 1786, and of our sovereignty and independence the eleventh. WILLIAM LIVINGSTON STATE OF NEW JERSEY.To his excellency, 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. In testimony whereof, the great seal of the state is hereunto affixed. Witness, William Livingston, Esq., governor, captain-general, and commander-in-chief, in and over the state of New Jersey, and territories thereunto belonging, chancellor and ordinary in the same, at Burlington, the 18th day of May, in the year of our Lord 1787, and of our sovereignty and independence the eleventh. WIL. LIVINGSTON. 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. In testimony whereof, the great seal of the state is hereunto affixed. Witness, Robert Lettice Hooper, Esq., vice-president, captain-general, and commander-in-chief in and over the state of New Jersey, and territories thereunto belonging, chancellor and ordinary in the same, at Burlington, the fifth day of June, in the year of our Lord 1787, and of our sovereignty and independence the eleventh. ROBERT L. HOOPER. 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 coöperating 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 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. 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.] THOMAS MIFFLIN, Speaker. Enacted into a law at Philadelphia, on Saturday, December 30, in the year of our Lord 1786. PETER ZACHARY LLOYD, 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 my hand and seal of office, the 15th May, 1787. [l. s.] MATTHEW IRWINE, M. R. 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,THOMAS MIFFLIN, Speaker. Enacted into a law at Philadelphia, on Wednesday, the 28th day of March, in the year of our Lord 1787. PETER ZACHARY LLOYD, 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, I have hereunto set my hand and seal of office, the 15th May, 1787. [l. s.] MATTHEW IRWINE, M. R. 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: — [l. s.] “In the eleventh year of the independence of the Delaware state. “An Act 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.
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.
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 uninanly 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. JOSEPH PRENTIS, Speaker of the House of Delegates. A true copy from the enrolment. — John Beckley,Clerk H. D. In the House of Delegates.Monday,the 4th of December, 1786. 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 In the House of Senators.Monday,the 4th of December, 1786. 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. Virginia, to wit:[l. s.] 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 fiath 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. EDM. RANDOLPH. Virginia, to wit:[l. s.] 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. EDM. RANDOLPH. 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 Alexander 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. Witness, Richard Caswell, Esq., our governor, captain-general, and commander-in-chief, under his hand and our seal, at Kinston, the 24th day of February, in the eleventh year of our independence, 1787. RICH. CASWELL. [l. s.] 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. Witness, Richard Caswell, Esq., our governor, captain-general, and commander-in-chief, under his hand and our great seal, at Kinston, the 24th day of February, in the eleventh year of our independence, 1787. RICH. CASWELL. [l. s.] 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. Witness, Richard Caswell, Esq., our governor, captain-general, and commander-in-chief, under his hand and our great seal, at Kinston, the 14th day of April, in the eleventh year of our independence, 1787. RICH. CASWELL. [l. s.] 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 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. Given under my hand, and the great seal of the state, at Kinston, the 23d day of April, Anno Domini 1787, and in the 11th year of American independence. RICH. CASWELL. [l. s.] 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. Given under my hand and the great seal of the state, at Kinston, the 3d day of April, Anno Domini 1787, and in the 11th year of American independence. RICH. CASWELL. STATE OF SOUTH CAROLINA.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. Given under my hand and the great seal of the state, in the city of Charleston, this 10th day of April, in the year of our Lord 1787, and of the sovereignty and independence of the United States of America the eleventh. THOMAS PINCKNEY. [l. s.] STATE OF SOUTH CAROLINA.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. Given under my hand and the great seal of the state, in the city of Charleston, this 10th day of April, in the year of our Lord 1787, and of the sovereignty and independence of the United States of America the eleventh. THOMAS PINCKNEY. [l. s.] STATE OF SOUTH CAROLINA.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. Given under my hand and the great seal of the state, in the city of Charleston, this 10th day of April, in the year of our Lord 1787, and of the sovereignty and independence of the United States of America the eleventh. THOMAS PINCKNEY. [l. s.] STATE OF SOUTH CAROLINA.To the Hon. Pierce Butler, Esq., GreetingBy 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. Given under my hand and the great seal of the state, in the city of Charleston, this 10th day of April, in the year of our Lord 1787, and of the sovereignty and independence of the United States of America the eleventh. THOMAS PINCKNEY. [l. s.] STATE OF GEORGIA.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. GEO. MATHEWS, [l. s.] 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. 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. Witness our trusty and well-beloved George Mathews, Esq., our captain-general, governor, and commander-in-chief, under his hand and our great seal, this 17th day of April, in the year of our Lord 1787, and of our sovereignty and independence the eleventh. GEO. MATHEWS, [l. s.] 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. Witness our trusty and well-beloved George Mathews, Esq., our captain-general, governor, and commander-in-chief, under his hand and our great seal, at Augusta, this 17th day of April, in the year of our Lord 1787, and of our sovereignty and independence the eleventh. GEO. MATHEWS, [l. s.] 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. Witness our trusty and well-beloved George Mathews, Esq., our captain-general, governor, and commander-in-chief, under his hand and our great seal, at Augusta, this 17th day of April, in the year of our Lord 1787, and of our sovereignty and independence the eleventh. GEO. MATHEWS, [l. s.] JOURNAL OF THE FEDERAL CONVENTIONOn Monday,the 14th of May, 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
It was moved by the Hon. Robert Morris, Esq., one of the deputies from Pennsylvania, that a president be elected by ballot, which was agreed to; and thereupon he nominated, on the part of the said state, his excellency, George Washington, 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. Tuesday,May 29, 1787. 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 witnesses. “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 reeligible. “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 into 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 for 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. Wednesday,May 30, 1787. 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. Thursday,May 31, 1787. 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 legislature 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. Friday,June 1, 1787. 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. Saturday,June 2, 1787 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. Monday,June 4, 1787. 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. Tuesday,June 5, 1787. 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. Wednesday,June 6, 1787. The order of the day being read, the house resolved it self 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. Thursday,June 7, 1787. 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 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. Friday,June 8, 1787. 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. Saturday,June 9, 1787. 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. Brearly, 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. Monday,June 11, 1787 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 unammously 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. Tuesday,June 12, 1787. 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, 8. 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. Wednesday,June 13, 1787. 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. Thursday,June 14, 1787. 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. Friday,June 15, 1787. 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 state, 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 committee 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. Saturday,June 16, 1787. 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. Monday,June 18, 1787. 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.
[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 authority 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.” Tuesday,June 19, 1787. 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 HouseMr. 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,
[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 States. “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. Wednesday,June 20, 1787. 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. Thursday,June 21, 1787. 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. Friday,June 22, 1787. 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, 4. 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. Saturday,June 23, 1787. 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. Monday,June 25, 1787. 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, 4. 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. Tuesday,June 26, 1787. 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. Wednesday,June 27, 1787. 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. Thursday,June 28, 1787. 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. Friday,June 29, 1787. 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. Saturday,June 30, 1787. 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. Monday,July 2, 1787. 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. Thursday,July 5, 1787. 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.* 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. Friday,July 6, 1787. 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. Saturday,July 7, 1787. 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. Monday,July 9, 1787. 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
“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, 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. Tuesday,July 10, 1787. 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
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, Conecticut, 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: Massa chusetts, 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. Wednesday,July 11, 1787 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, 5. 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. Thursday,July 12, 1787. 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 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 , 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. Friday,July 13, 1787. 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. Saturday,July 14, 1787. 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
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. Monday,July 16, 1787. 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
“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. Tuesday,July 17, 1787. 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, Geogia, 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 to-morrow. Passed unanimously in the affirmative. And then the house adjourned till to-morrow, at 11 o’clock, A. M. Wednesday,July 18, 1787. 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 tribunals,” — 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. Thursday,July 19, 1787. 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. Friday,July 20, 1787. 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: —
In all, twenty-five electors.” 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. Saturday,July 21, 1787. 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. Monday,July 23, 1787. 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. Tuesday,July 24, 1787. 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. Wednesday,July 25, 1787. 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. Thursday,July 26, 1787. 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.
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. Monday,August 6, 1787. 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,
[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. 1. 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 attained. “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. I. 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 thing 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.” Tuesday,August 7, 1787. 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 shall 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. Wednesday,August 8, 1787. 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. Thursday,August 9, 1787. 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, Dela ware, 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: Massachuetts, 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. Friday,August 10, 1787. 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, Del aware, 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. Saturday,August 11, 1787. 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. Monday,August 13, 1787. 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. Tuesday,August 14, 1787. 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. Wednesday,August 15, 1787. 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. Thursday,August 16, 1787. 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 be 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 postroads,” 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. Friday,August 17, 1787. 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. Saturday,August 18, 1787. 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. Monday,August 20, 1787. 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 of 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 passed 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, precisely 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, 8. 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. Tuesday,August 21, 1787. 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. Wednesday,August 22, 1787. 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 be 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, 10th 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 shall 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 egislature 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. Thursday,August 23, 1787. 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 strike 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. Friday,August 24, 1787. 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. Saturday,August 25, 1787. 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. Monday,August 27, 1787 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. Tuesday,August 28, 1787. 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 stare, 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 “nor 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. Wednesday,August 29, 1787. 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 every other state, 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. Thursday,August 30, 1787. 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, 8. 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: — “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. Friday,August 31, 1787. 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. Saturday,September 1, 1787. 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. Monday,September 3, 1787. 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. Tuesday,September 4, 1787. 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. Wednesday,September 5, 1787. 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, dockyards, 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. Thursday,September 6, 1787. 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. Friday,September 7, 1787. 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. Yeas: 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. Saturday,September 8, 1787. 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 impeachments; 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. Monday,September 10, 1787. It was moved and seconded to reconsider the 3d section of the 4th article, which prescribes the number of the House of 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. Tuesday,September 11, 1787. The house met; but the committee of revision not having reported, and there being no business before the Convention, the house adjourned. Wednesday,September 12, 1787. 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,
[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 of 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 shall 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, not 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 scratifying 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, South Carolina, 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. Thursday,September 13, 1787. 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. Friday,September 14, 1787. 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. Saturday,September 15, 1787. 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 heads of departments;” which passed in the affirmative. [The following verbal amendments to the 2d and 3d articles of the revised 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 “of by conventions in three fourths thereof.” Passed in the negative. Yeas: 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.Monday,September 17, 1787 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. SUPPLEMENT TO THE JOURNAL OF THE FEDERAL CONVENTION.The following extract, from the Journal of the Congress of the Confederation, exhibits the proceedings of that body on receiving the report of the Convention: — United States in Congress assembled.Friday,September 28, 1787. Present: New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, and Georgia, and from Maryland Mr. Ross. Congress, having received the report of the Convention lately assembled in Philadelphia, — “Resolved, unanimously, That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a Convention of delegates chosen in each state, by the people thereof, in conformity to the resolves of the Convention made and provided in that case.” The states having accordingly passed acts for severally calling conventions, and the Constitution being submitted to them, the ratifications thereof were transmitted to Congress as follows: — THE RATIFICATIONS OF THE TWELVE STATES,
1.DELAWARE.We, the deputies of the people of the Delaware state, in Convention met, having taken in our serious consideration the Federal Constitution proposed and agreed upon by the deputies of the United States in a General Convention held at the city of Philadelphia, on the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, have approved, assented to, ratified, and confirmed, and by these presents do, in virtue of the power and authority to us given, for and in behalf of ourselves and our constituents, fully, freely, and entirely approve of, assent to, ratify, and confirm, the said Constitution. Done in Convention, at Dover, this seventh day of December, in the year aforesaid, and in the year of the independence of the United States of America the twelfth. In testimony whereof, we have hereunto subscribed our names.
[l. s.]
To all to whom these Presents shall come, Greeting.I, Thomas Collins, president of the Delaware state, do hereby certify, that the above instrument of writing is a true copy of the original ratification of the Federal Constitution by the Convention of the Delaware state, which original ratification is now in my possession. In testimony whereof, I have caused the seal of the Delaware state to be hereunto annexed. THOMAS COLLINS. 2.PENNSYLVANIA.
Be it known unto all men, that we, the delegates of the people of the common wealth of Pennsylvania, in General Convention assembled, have assented to and ratified, and by these presents do, in the name and by the authority of the same people, and for ourselves, assent to and ratify the foregoing Constitution for the United States of America. Done in Convention at Philadelphia, the twelfth day of December. in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. FREDERICK A. MUHLENBERG, President
Attest. James Campbell,Secretary. 3.NEW JERSEY.
Whereas a Convention of delegates from the following states, viz., — New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, — met at Philadelphia, for the purpose of deliberating on, and forming, a Constitution for the United States of America, — finished their session on the 17th day of September last, and reported to Congress the form which they had agreed upon, in the words following, viz.: [See the Constitution.] And whereas Congress, on the 28th day of September last, unanimously did resolve, “That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates, chosen in each state by the people thereof, in conformity to the resolves of the Convention made and provided in that case;” And whereas the legislature of this state did, on the 29th day of October last, resolve in the words following, viz., “Resolved, unanimously, That it be recommended to such of the inhabitants of this state as are entitled to vote for representatives in General Assembly, to meet in their respective counties on the fourth Tuesday in November next, at the several places fixed by law for holding the annual elections, to choose three suitable persons to serve as delegates from each county in a state Convention, for the purposes hereinbefore mentioned, and that the same be conducted agreeably to the mode, and conformably with the rules and regulations, prescribed for conducting such elections; — “Resolved, unanimously, That the persons so elected to serve in state Convention, do assemble and meet together on the second Tuesday in December next, at Trenton, in the county of Hunterdon, then and there to take into consideration the aforesaid Constitution and if approved of by them, finally to ratify the same, in behalf and on the part of this state, and make report thereof to the United States in Congress assembled, in conformity with the resolutions thereto annexed. “Resolved, That the sheriffs of the respective counties of this state shall be, and they are hereby, required to give as timely notice as may be, by advertisements, to the people of their counties, of the time, place, and purpose of holding elections, as aforesaid.” And whereas the legislature of this state did also, on the 1st day of November last, make and pass the following act, viz., “An Act to authorize the people of this state to meet in convention, deliberate upon, agree to, and ratify, the Constitution of the United States proposed by the late General Convention, — Be it enacted by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, that it shall and may be lawful for the people thereof, by their delegates, to meet in Convention to deliberate upon, and, if approved of by them, to ratify, the Constitution for the United States proposed by the General Convention held at Philadelphia: and every act, matter, and clause, therein contained, conformedly to the resolutions of the legislature passed the 29th day of October, 1787, — any law, usage, or custom, to the contrary in any wise notwithstanding;” Now be it known, that we, the delegates of the state of New Jersey, chosen by the people thereof, for the purpose aforesaid, having maturely deliberated on and considered the aforesaid proposed Constitution, do hereby, for and on the behalf of the people of the said state of New Jersey, agree to, ratify, and confirm, the same and every part thereof. Done in Convention, by the unanimous consent of the members present, this 18th day of December, in the year of our Lord 1787, and of the independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. JOHN STEVENS, President,
Attest. Samuel W. Stockton,Secretary. 4.CONNECTICUT
We, the delegates of the people of said state, in general Convention assembled, pursuant to an act of the legislature in October last, have assented to, and ratified, and by these presents do assent to, on the 17th day of September, 1787, for the United States of America. Done in Convention, this 9th day of January, 1788. In witness whereof, we have hereunto set our hands. MATTHEW GRISWOLD, President
State of Connecticut, ss. Hartford,January Ninth, Anno Domini, 1788. The foregoing ratification was agreed to, and signed as above, by one hundred and twenty-eight, and dissented to by forty delegates in convention, which is a majority of eighty-eight. Teste. Jedediah Strong,Secretary. 5.COMMONWEALTH OF MASSACHUSETTS.The Convention having impartially discussed, and fully considered, the Constitution for the United States of America, reported to Congress by the Convention of Delegates from the United States of America, and submitted to us by a resolution of the General Court of the said commonwealth, passed the 25th day of October last past, — and acknowledging, with grateful hearts, the goodness of the Supreme Ruler of the universe in affording the people of the United States, in the course of his providence, an opportunity, deliberately and peaceably, without fraud or surprise, of entering into an explicit and solemn compact with each other, by assenting to and ratifying a new Constitution, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity, — do, in the name and in behalf of the people of the commonwealth of Massachusetts, assent to and ratify the said Constitution for the United States of America. And as it is the opinion of this Convention, that certain amendments and alterations in the said Constitution would remove the fears, and quiet the apprehensions, of many of the good people of this commonwealth, and more effectually guard against an undue administration of the federal government, — the Convention do therefore recommend that the following alterations and provisions be introduced into the said Constitution: — I. That it be explicitly declared that all powers not expressly delegated by the aforesaid Constitution are reserved to the several states, to be by them exercised. II. That there shall be one representative to every thirty thousand persons, according to the census mentioned in the Constitution, until the whole number of the representatives amounts to two hundred. III. That Congress do not exercise the powers vested in them by the 4th section of the 1st article, but in cases where a state shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress, agreeably to the Constitution. IV. That Congress do not lay direct taxes but when the moneys arising from the impost and excise are insufficient for the public exigencies, nor then until Congress shall have first made a requisition upon the states to assess, levy, and pay, their respective proportions of such requisition, agreeably to the census fixed in the said Constitution, in such way and manner as the legislatures of the states shall think best; and in such case, if any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state’s proportion, together with interest thereon at the rate of six per cent. per annum, from the time of payment prescribed in such requisition. V. That Congress erect no company of merchants with exclusive advantages of commerce. VI. That no person shall be tried for any crime by which he may incur an infamous punishment, or loss of life, until he be first indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces. VII. The Supreme Judicial Federal Court shall have no jurisdiction of causes between citizens of different states, unless the matter in dispute, whether it concerns the realty or personalty, be of the value of three thousand dollars at the least; nor shall the federal judicial powers extend to any actions between citizens of different states, where the matter in dispute, whether it concerns the realty or personalty, is not of the value of fifteen hundred dollars at least. VIII. In civil actions between citizens of different states, every issue of fact, arising in actions at common law, shall be tried by a jury, if the parties, or either of them, request it. IX. Congress shall at no time consent that any person, holding an office of trust or profit under the United States, shall accept of a title of nobility, or any other title or office, from any king, prince, or foreign state. And the Convention do, in the name and in behalf of the people of this commonwealth, enjoin it upon their representatives in Congress, at all times, until the alterations and provisions aforesaid have been considered, agreeably to the 5th article of the said Constitution, to exert all their influence, and use all reasonable and legal methods, to obtain a ratification of the said alterations and provisions, in such manner as is provided in the said article. And that the United States in Congress assembled may have due notice of the assent and ratification of the said Constitution by this Convention, it is Resolved, That the assent and ratification aforesaid be engrossed on parchment, together with the recommendation and injunction aforesaid, and with this resolution; and that his excellency, John Hancock, Esq., president, and the Hon. William Cushing, Esq., vice-president of this Convention, transmit the same, countersigned by the secretary of the Convention, under their hands and seals, to the United States in Congress assembled. JOHN HANCOCK, President. WILLIAM CUSHING, Vice-President. George Richards Minot,Secretary. Pursuant to the resolution aforesaid, we, the president and vice-president above named, do hereby transmit to the United States in Congress assembled the same resolution, with the above assent and ratification of the Constitution aforesaid, for the United States, and the recommendation and injunction above specified. In witness whereof, we have hereunto set our hands and seals, at Boston, in the commonwealth aforesaid, this 7th day of February, Anno Domini 1788, and in the twelfth year of the independence of the United States of America. JOHN HANCOCK, President. [l. s.] WM. CUSHING, Vice-President. [l. s.] 6.STATE OF GEORGIA.
To all to whom these Presents shall come, Greeting.Whereas the form of a Constitution for the government of the United States of America, was, on the 17th day of September, 1787, agreed upon and reported to Congress by the deputies of the said United States convened in Philadelphia, which said Constitution is written in the words following, to wit: — And whereas the United States in Congress assembled did, on the 28th day of September, 1787, resolve, unanimously, “That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a Convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the Convention made and provided in that case:” — And whereas the legislature of the state of Georgia did, on the 26th day of October, 1787, in pursuance of the above-recited resolution of Congress, resolve, That a Convention be elected on the day of the next general election, and in the same manner that representatives are elected; and that the said Convention consist of not more than three members from each county; and that the said Convention should meet at Augusta, on the 4th Tuesday in December then next, and, as soon thereafter as convenient, proceed to consider the said report and resolutions, and to adopt or reject any part or the whole thereof; — Now know ye, that we, the delegates of the people of the state of Georgia, in Convention met, pursuant to the resolutions of the legislature aforesaid, having taken into our serious consideration the said Constitution, have assented to, ratified, and adopted, and by these presents do, in virtue of the powers and authority to us given by the people of the said state for that purpose, for and in behalf of ourselves and our constituents, fully and entirely assent to, ratify, and adopt, the said Constitution. Done in Convention, at Augusta, in the said state, on the 2d day of January, in the year of our Lord 1788, and of the independence of the United States the 12th. In witness whereof, we have hereunto subscribed our names. JOHN WEREAT, President,
7.MARYLAND.
We, the delegates of the people of the state of Maryland, having fully considered the Constitution of the United States of America, reported to Congress by the Convention of deputies from the United States of America, held in Philadelphia, on the 17th day of September, in the year 1787, of which the annexed is a copy, and submitted to us by a resolution of the General Assembly of Maryland, in November session, 1787, do, for ourselves, and in the name and on the behalf of the people of this state, assent to and ratify the said Constitution. In witness whereof, we have hereunto subscribed our names. GEO. PLATER, President.
Attest. Wm. Harwood,Clerk. 8.STATE OF SOUTH CAROLINA.In Convention of the people of the state of South Carolina, by their representatives held in the city of Charleston, on Monday the 12th day of May, and continued by divers adjournments to Friday, the 23d day of May, Anno Domini 1788, and in the 12th year of the independence of the United States of America. The Convention, having maturely considered the Constitution, or form of government, reported to Congress by the Convention of Delegates from the United States of America, and submitted to them by a resolution of the legislature of this state, passed the 17th and 18th days of February last, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to the people of the said United States, and their posterity, — Do, in the name and behalf of the people of this state, hereby assent to and ratify the said Constitution. Done in Convention, the 23d day of May, in the year of our Lord 1788, and of the independence of the United States of America the twelfth. THOMAS PINCKNEY, President. [l. s.] Attest. John Sandford Dart,Secretary. [l. s.] And whereas it is essential to the preservation of the rights reserved to the several states, and the freedom of the people, under the operations of a general government, that the right of prescribing the manner, time, and places, of holding the elections to the federal legislature, should be forever inseparably annexed to the sovereignty of the several states, — This Convention doth declare, that the same ought to remain, to all posterity, a perpetual and fundamental right in the local, exclusive of the interference of the general government, except in cases where the legislatures of the states shall refuse or neglect to perform and fulfil the same, according to the tenor of the said Constitution. This Convention doth also declare, that no section or paragraph of the said Constitution warrants a construction that the states do not retain every power not expressly relinquished by them, and vested in the general government of the Union. Resolved, That the general government of the United States ought never to impose direct taxes, but where the moneys arising from the duties, imports, and excise, are insufficient for the public exigencies, nor then until Congress shall have made a requisition upon the states to assess, levy, and pay, their respective proportions of such requisitions; and in case any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state’s proportion, together with interest thereon, at the rate of six per centum per annum, from the time of payment prescribed by such requisition. Resolved, That the third section of the sixth article ought to be amended, by inserting the word “other” between the words “no” and “religious.” Resolved, That it be a standing instruction to all such delegates as may hereafter be elected to represent this state in the general government, to exert their utmost abilities and influence to effect an alteration of the Constitution, conformably to the aforegoing resolutions. Done in Convention, the 23d day of May, in the year of our Lord 1788, and of the independence of the United States of America the twelfth. THOMAS PINCKNEY, President. [l. s.] Attest. John Sandford Dart,Secretary. [l. s.] 9.STATE OF NEW HAMPSHIRE.
The Convention having impartially discussed and fully considered the Constitution for the United States of America, reported to Congress by the Convention of Delegates from the United States of America, and submitted to us by a resolution of the General Court of said state, passed the 14th day of December last past, and acknowledging with grateful hearts the goodness of the Supreme Ruler of the universe in affording the people of the United States, in the course of his providence, an opportunity, deliberately and peaceably, without fraud or surprise, of entering into an explicit and solemn compact with each other, by assenting to and ratifying a new Constitution, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity, — Do, in the name and behalf of the people of the state of New Hampshire, assent to and ratify the said Constitution for the United States of America. And as it is the opinion of this Convention, that certain amendments and alterations in the said Constitution would remove the fears and quiet the apprehensions of many of the good people of this state, and more effectually guard against an undue administration of the federal government, — The Convention do therefore recommend that the following alterations and provisions be introduced in the said Constitution: — I. That it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid Constitution are reserved to the several states, to be by them exercised. II. That there shall be one representative to every thirty thousand persons, according to the census mentioned in the Constitution, until the whole number of representatives amount to two hundred. III. That Congress do not exercise the powers vested in them by the fourth section of the first article but in cases when a state shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress; nor shall Congress in any case make regulations contrary to a free and equal representation. IV. That Congress do not lay direct taxes but when the moneys arising from impost, excise, and their other resources, are insufficient for the public exigencies, nor then, until Congress shall have first made a requisition upon the states to assess, levy, and pay, their respective proportions of such requisition, agreeably to the census fixed in the said Constitution, in such way and manner as the legislature of the state shall think best; and in such case, if any state shall neglect, then Congress may assess and levy such state’s proportion, together with the interest thereon, at the rate of six per cent. per annum, from the time of payment prescribed in such requisition. V. That Congress shall erect no company of merchants with exclusive advantages of commerce. VI. That no person shall be tried for any crime by which he may incur an infamous punishment, or loss of life, until he first be indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces. VII. All common-law cases between citizens of different states shall be commenced in the common-law courts of the respective states; and no appeal shall be allowed to the federal court, in such cases, unless the sum or value of the thing in controversy amount to three thousand dollars. VIII. In civil actions between citizens of different states, every issue of fact, arising in actions at common law, shall be tried by jury, if the parties, or either of them, request it. IX. Congress shall at no time consent that any person, holding an office of trust or profit under the United States, shall accept any title of nobility, or any other title or office, from any king, prince, or foreign state. X. That no standing army shall be kept up in time of peace, unless with the consent of three fourths of the members of each branch of Congress; nor shall soldiers, in time of peace, be quartered upon private houses, without the consent of the owners. XI. Congress shall make no laws touching religion, or to infringe the rights of conscience. XII. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion. And the Convention do, in the name and in behalf of the people of this state, enjoin it upon their representatives in Congress, at all times until the alterations and provisions aforesaid have been considered agreeably to the fifth article of the said Constitution, to exert all their influence, and use all reasonable and legal methods, to obtain a ratification of the said alterations and provisions, in such manner as is provided in the article. And that the United States in Congress assembled may have due notice of the assent and ratification of the said Constitution by this Convention, it is Resolved, That the assent and ratification aforesaid be engrossed on parchment, together with the recommendation and injunction aforesaid, and with this resolution; and that John Sullivan, Esq., president of the Convention, and John Langdon, Esq., president of the state, transmit the same, countersigned by the secretary of Convention, and the secretary of state, under their hands and seals, to the United States in Congress assembled JOHN SULLIVAN, Pres. of the Conv. [l. s.] JOHN LANGDON, Pres. of the State. [l. s.]
10.VIRGINIA, to wit:We, the delegates of the people of Virginia, duly elected in pursuance of a recommendation from the General Assembly, and now met in Convention, having fully and freely investigated and discussed the proceedings of the Federal Convention, and being prepared as well as the most mature deliberation hath enabled us, to decide thereon, — Do, in the name and in behalf of the people of Virginia, declare and make known, that the powers granted under the Constitution, being derived from the people of the United States, may be resumed by them, whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them, and at their will; that, therefore, no right, of any denomination, can be cancelled, abridged, restrained, or modified, by the Congress, by the Senate or House of Representatives, acting in any capacity, by the President, or any department or officer of the United States, except in those instances in which power is given by the Constitution for those purposes; and that, among other essential rights, the liberty of conscience, and of the press, cannot be cancelled, abridged, restrained, or modified, by any authority of the United States. With these impressions, with a solemn appeal to the Searcher of all hearts for the purity of our intentions, and under the conviction that whatsoever imperfections may exist in the Constitution ought rather to be examined in the mode prescribed therein, than to bring the Union into danger by a delay with a hope of obtaining amendments previous to the ratifications, — We, the said delegates, in the name and in behalf of the people of Virginia, do, by these presents, assent to and ratify the Constitution recommended, on the 17th day of September, 1787, by the Federal Convention, for the government of the United States, hereby announcing to all those whom it may concern, that the said Constitution is binding upon the said people, according to an authentic copy hereto annexed, in the words following. [See Constitution.] Done in Convention, this 26th day of June, 1788. EDM. PENDLETON, President. [l. s.] [SeeDebates in Convention,where the Declaration or Bill of Rights, and Amendments, are printed at large.] 11.STATE OF NEW YORK.We, the delegates of the people of the state of New York, duly elected and met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the 17th day of September, in the year 1787, by the Convention then assembled at Philadelphia, in the commonwealth of Pennsylvania, (a copy whereof precedes these presents,) and having also seriously and deliberately considered the present situation of the United States, — Do declare and make known, — That all power is originally vested in, and consequently derived from, the people, and that government is instituted by them for their common interest, protection, and security. That the enjoyment of life, liberty, and the pursuit of happiness, are essential rights, which every government ought to respect and preserve. That the powers of government may be reassumed by the people whensoever it shall become necessary to their happiness; that every power, jurisdiction, and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the people of the several states, or to their respective state governments, to whom they may have granted the same; and that those clauses in the said Constitution, which declare that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said Constitution; but such clauses are to be construed either as exceptions to certain specified powers, or as inserted merely for greater caution. That the people have an equal, natural, and unalienable right freely and peaceably to exercise their religion, according to the dictates of conscience; and that no religious sect or society ought to be favored or established by law in preference to others. That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state. That the militia should not be subject to martial law, except in time of war, rebellion, or insurrection. That standing armies, in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power. That, in time of peace, no soldier ought to be quartered in any house without the consent of the owner, and in time of war only by the civil magistrate, in such manner as the laws may direct. That no person ought to be taken, imprisoned, or disseized of his freehold, or be exiled, or deprived of his privileges, franchises, life, liberty, or property, but by due process of law. That no person ought to be put twice in jeopardy of life or limb, for one and the same offence; nor, unless in case of impeachment, be punished more than once for the same offence. That every person restrained of his liberty is entitled to an inquiry into the lawfulness of such restraint, and to a removal thereof if unlawful; and that such inquiry or removal ought not to be denied or delayed, except when, on account of public danger, the Congress shall suspend the privilege of the writ of habeas corpus. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. That (except in the government of the land and naval forces, and of the militia when in actual service, and in cases of impeachment) a presentment or indictment by a grand jury ought to be observed as a necessary preliminary to the trial of all crimes cognizable by the judiciary of the United States; and such trial should be speedy, public, and by an impartial jury of the county where the crime was committed; and that no person can be found guilty without the unanimous consent of such jury. But in cases of crimes not committed within any county of any of the United States, and in cases of crimes committed within any county in which a general insurrection may prevail, or which may be in the possession of a foreign enemy, the inquiry and trial may be in such county as the Congress shall by law direct; which county, in the two cases last mentioned, should be as near as conveniently may be to that county in which the crime may have been committed; — and that, in all criminal prosecutions, the accused ought to be informed of the cause and nature of his accusation, to be confronted with his accusers and the witnesses against him, to have the means of producing his witnesses, and the assistance of counsel for his defence; and should not be compelled to give evidence against himself. That the trial by jury, in the extent that it obtains by the common law of England, is one of the greatest securities to the rights of a free people, and ought to remain inviolate. That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers, or his property; and therefore, that all warrants to search suspected places, or seize any freeman, his papers, or property, without information, upon oath or affirmation, of sufficient cause, are grievous and oppressive; and that all general warrants (or such in which the place or person suspected are not particularly designated) are dangerous, and ought not to be granted. That the people have a right peaceably to assemble together to consult for their common good, or to instruct their representatives, and that every person has a right to petition or apply to the legislature for redress of grievances. That the freedom of the press ought not to be violated or restrained. That there should be, once in four years, an election of the President and Vice-President, so that no officer, who may be appointed by the Congress to act as President, in case of the removal, death, resignation, or inability, of the President and Vice-President, can in any case continue to act beyond the termination of the period for which the last President and Vice-President were elected. That nothing contained in the said Constitution is to be construed to prevent the legislature of any state from passing laws at its discretion, from time to time, to divide such state into convenient districts, and to apportion its representatives to and amongst such districts. That the prohibition contained in the said Constitution, against ex post facto laws extends only to laws concerning crimes. That all appeals in causes determinable according to the course of the common law, ought to be by writ of error, and not otherwise. That the judicial power of the United States, in cases in which a state may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a state. That the judicial power of the United States, as to controversies between citizens of the same state, claiming lands under grants from different states, is not to be construed to extend to any other controversies between them, except those which relate to such lands, so claimed, under grants of different states. That the jurisdiction of the Supreme Court of the United States, or of any other court to be instituted by the Congress, is not in any case to be increased, enlarged, or extended, by any faction, collusion, or mere suggestion; and that no treaty is to be construed so to operate as to alter the Constitution of any state. Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent with the said Constitution, and in confidence that the amendments which shall have been proposed to the said Constitution will receive an early and mature consideration, — We, the said delegates, in the name and in the behalf of the people of the state of New York, do, by these presents, assent to and ratify the said Constitution. In full confidence, nevertheless, that, until a convention shall be called and convened for proposing amendments to the said Constitution, the militia of this state will not be continued in service out of this state for a longer term than six weeks, without the consent of the legislature thereof; that the Congress will not make or alter any regulation in this state, respecting the times, places, and manner, of holding elections for senators or representatives, unless the legislature of this state shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that, in those cases, such power will only be exercised until the legislature of this state shall make provision in the premises; that no excise will be imposed on any article of the growth, production, or manufacture of the United States, or any of them, within this state, ardent spirits excepted; and the Congress will not lay direct taxes within this state, but when the moneys arising from the impost and excise shall be insufficient for the public exigencies, nor then, until Congress shall first have made a requisition upon this state to assess, levy, and pay, the amount of such requisition, made agreeably to the census fixed in the said Constitution, in such way and manner as the legislature of this state shall judge best; but that in such case, if the state shall neglect or refuse to pay its proportion, pursuant to such requisition, then the Congress may assess and levy this state’s proportion, together with interest, at the rate of six per centum per annum, from the time at which the same was required to be paid. Done in Convention, at Poughkeepsie, in the county of Duchess, in the state of New York, the 26th day of July, in the year of our Lord 1788. GEO. CLINTON, President. Attested. John M’Kesson, A. B. Banker,Secretaries. And the Convention do, in the name and behalf of the people of the state of New York, enjoin it upon their representatives in Congress to exert all their influence, and use all reasonable means, to obtain a ratification of the following amendments to the said Constitution, in the manner prescribed therein; and in all laws to be passed by the Congress, in the mean time, to conform to the spirit of the said amendments, as far as the Constitution will admit. That there shall be one representative for every thirty thousand inhabitants, according to the enumeration or census mentioned in the Constitution, until the whole number of representatives amounts to two hundred, after which that number shall be continued or increased, but not diminished, as the Congress shall direct, and according to such ratio as the Congress shall fix, in conformity to the rule prescribed for the apportionment of representatives and direct taxes. That the Congress do not impose any excise on any article (ardent spirits excepted) of the growth, production, or manufacture of the United States, or any of them. That Congress do not lay direct taxes but when the moneys arising from the impost and excise shall be insufficient for the public exigencies, nor then, until Congress shall first have made a requisition upon the states to assess, levy, and pay, their respective proportions of such requisition, agreeably to the census fixed in the said Constitution, in such way and manner as the legislatures of the respective states shall judge best; and in such case, if any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state’s proportion, together with interest at the rate of six per centum per annum, from the time of payment prescribed in such requisition. That the Congress shall not make or alter any regulation, in any state, respecting the times, places, and manner, of holding elections for senators and representatives, unless the legislature of such state shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and then only until the legislature of such state shall make provision in the premises; provided, that Congress may prescribe the time for the election of representatives. That no persons, except natural-born citizens, or such as were citizens on or before the 4th day of July, 1776, or such as held commissions under the United States during the war, and have at any time since the 4th day of July, 1776, become citizens of one or other of the United States, and who shall be freeholders, shall be eligible to the places of President, Vice-President, or members of either house of the Congress of the United States. That the Congress do not grant monopolies, or erect any company with exclusive advantages of commerce. That no standing army or regular troops shall be raised, or kept up, in time of peace, without the consent of two thirds of the senators and representatives present in each house. That no money be borrowed on the credit of the United States without the assent of two thirds of the senators and representatives present in each house. That the Congress shall not declare war without the concurrence of two thirds of the senators and representatives present in each house. That the privilege of the habeas corpus shall not, by any law, be suspended for a longer term than six months, or until twenty days after the meeting of the Congress next following the passing the act for such suspension. That the right of Congress to exercise exclusive legislation over such district, not exceeding ten miles square, as may, by cession of a particular state, and the acceptance of Congress, become the seat of government of the United States, shall not be so exercised as to exempt the inhabitants of such district from paying the like taxes, imposts, duties, and excises, as shall be imposed on the other inhabitants of the state in which such district may be; and that no person shall be privileged within the said district from arrest for crimes committed, or debts contracted, out of the said district. That the right of exclusive legislation, with respect to such places as may be purchased for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings, shall not authorize the Congress to make any law to prevent the laws of the states, respectively, in which they may be, from extending to such places in all civil and criminal matters, except as to such persons as shall be in the service of the United States; nor to them with respect to crimes committed without such places. That the compensation for the senators and representatives be ascertained by standing laws; and that no alteration of the existing rate of compensation shall operate for the benefit of the representives until after a subsequent election shall have been had. That the Journals of the Congress shall be published at least once a year, with the exception of such parts, relating to treaties or military operations, as, in the judgment of either house, shall require secrecy; and that both houses of Congress shall always keep their doors open during their sessions, unless the business may, in their opinion, require secrecy. That the yeas and nays shall be entered on the Journals whenever two members in either house may require it. That no capitation tax shall ever be laid by Congress. That no person be eligible as a senator for more than six years in any term of twelve years; and that the legislatures of the respective states may recall their senators, or either of them, and elect others in their stead, to serve the remainder of the time for which the senators so recalled were appointed. That no senator or representative shall, during the time for which he was elected, be appointed to any office under the authority of the United States. That the authority given to the executives of the states to fill up the vacancies of senators be abolished, and that such vacancies be filled by the respective legislatures. That the power of Congress to pass uniform laws concerning bankruptcy shall only extend to merchants and other traders; and the states, respectively, may pass laws for the relief of other insolvent debtors. That no person shall be eligible to the office of President of the United States a third time. That the executive shall not grant pardons for treason, unless with the consent of the Congress; but may, at his discretion, grant reprieves to persons convicted of treason, until their cases can be laid before the Congress. That the President, or person exercising his powers for the time being, shall not command an army in the field in person, without the previous desire of the Congress. That all letters patent, commissions, pardons, writs, and processes of the United States, shall run in the name of the people of the United States, and be tested in the name of the President of the United States, or the person exercising his powers for the time being, or the first judge of the court out of which the same shall issue, as the case may be. That the Congress shall not constitute, ordain, or establish, any tribunals of inferior courts, with any other than appellate jurisdiction, except such as may be necessary for the trial of cases of admiralty and maritime jurisdiction, and for the trial of piracies and felonies committed on the high seas; and in all other cases to which the judicial power of the United States extends, and in which the Supreme Court of the United States has not original jurisdiction, the causes shall be heard, tried, and determined, in some one of the state courts, with the right of appeal to the Supreme Court of the United States, or other proper tribunal, to be established for that purpose by the Congress, with such exceptions, and under such regulations, as the Congress shall make. That the court for the trial of impeachments shall consist of the Senate, the judges of the Supreme Court of the United States, and the first or senior judge, for the time being, of the highest court of general and ordinary common-law jurisdiction in each state; that the Congress shall, by standing laws, designate the courts in the respective states answering this description, and, in states having no courts exactly answering this description, shall designate some other court, preferring such, if any there be, whose judge or judges may hold their places during good behavior; provided, that no more than one judge, other than judges of the Supreme Court of the United States, shall come from one state. That the Congress be authorized to pass laws for compensating the judges for such services, and for compelling their attendance; and that a majority, at least, of the said judges shall be requisite to constitute the said court. That no person impeached shall sit as a member thereof; that each member shall, previous to the entering upon any trial, take an oath or affirmation honestly and impartially to hear and determine the cause; and that a majority of the members present shall be necessary to a conviction. That persons aggrieved by any judgment, sentence, or decree, of the Supreme Court of the United States, in any cause in which that court has original jurisdiction, with such exceptions, and under such regulations, as the Congress shall make concerning the same, shall, upon application, have a commission, to be issued by the President of the United States to such men learned in the law as he shall nominate, and by and with the advice and consent of the Senate appoint, not less than seven, authorizing such commissioners, or any seven or more of them, to correct the errors in such judgment, or to review such sentence and decree, as the case may be, and to do justice to the parties in the premises. That no judge of the Supreme Court of the United States shall hold any other office under the United States, or any of them. That the judicial power of the United States shall extend to no controversies respecting land, unless it relate to claims of territory or jurisdiction between states, and individuals under the grants of different states. That the militia of any state shall not be compelled to serve without the limits of the state, for a longer term than six weeks, without the consent of the legislature thereof. That the words without the consent of the Congress, in the seventh clause of the ninth section of the first article of the Constitution, be expunged. That the senators and representatives, and all executive and judicial officers of the United States, shall be bound by oath or affirmation not to infringe or violate the constitutions or rights of the respective states. That the legislatures of the respective states may make provision, by law, that the electors of the election districts, to be by them appointed, shall choose a citizen of the United States, who shall have been an inhabitant of such district for the term of one year immediately preceding the time of his election, for one of the representatives of such state. Done in Convention, at Poughkeepsie, in the county of Duchess, in the state of New York, the 26th day of July, in the year of our Lord 1788. GEO. CLINTON, President. Attested. John M’Kesson, Ab. B. Banker,Secretaries. 12.STATE OF NORTH CAROLINA.In Convention,August 1, 1788. Resolved, That a declaration of rights, asserting and securing from encroachments the great principles of civil and religious liberty, and the unalienable rights of the people, together with amendments to the most ambiguous and exceptionable parts of the said Constitution of government, ought to be laid before Congress, and the convention of the states that shall or may be called for the purpose of amending the said Constitution, for their consideration, previous to the ratification of the Constitution aforesaid, on the part of the state of North Carolina. SAM. JOHNSON. [SeeDebates,where the declaration on ratifying the Constitution is published at large.] The above are the proceedings of the Convention of the twelve states which had been represented in the General Convention. The ratification of New Hampshire, being the ninth in order, was received by Congress on the 2d of July, 1788. The following is an extract from the Journal of that day: — United States in Congress assembled.Wednesday,July 2, 1788. The state of New Hampshire having ratified this Constitution, transmitted to them by the act of the 28th of September last, and transmitted to Congress their ratification, and the same being read, the president reminded Congress that this was the ninth ratification transmitted and laid before them; whereupon, — On motion of Mr. Clarke, seconded by Mr. Edwards, — Ordered, That the ratifications of the Constitution of the United States, transmitted to Congress, be referred to a committee to examine the same, and report an act to Congress for putting the said Constitution into operation, in pursuance of the resolutions of the late Federal Convention. On the question to agree to this order, the yeas and nays being required by Mr. Yates: —
So it passed in the affirmative. On the 14th of July, 1788, the committee reported an act for putting the Constitution into operation, which was debated until the 13th of September of the same year, when the following resolution was adopted: — “Whereas the Convention assembled in Philadelphia, pursuant to the resolution of Congress of the 21st of February, 1787, did, on the 17th of September, in the same year, report to the United States in Congress assembled a Constitution for the people of the United States; whereupon Congress, on the 28th of the same September, did resolve, unanimously, ‘That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates, chosen in each state by the people thereof, in conformity to the resolves of the Convention made and provided in that case;’ and whereas the Constitution so reported by the Convention, and by Congress transmitted to the several legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications, duly authenticated, have been received by Congress, and are filed in the office of the secretary; therefore, — “Resolved, That the first Wednesday in January next be the day for appointing electors in the several states which, before the said day, shall have ratified the said Constitution; that the first Wednesday in February next be the day for the electors to assemble in their respective states, and vote for a President: and that the first Wednesday in March next be the time, and the present seat of Congress the place, for commencing proceedings under the said Constitution.” The elections of the several states were held conformably to the above resolution. On Wednesday the 4th of March, 1789, proceedings commenced under the Constitution; and on the 30th of April, of the same year, George Washington, elected by the unanimous suffrage of the electors, was inaugurated as President of the United States. On the 11th of January, 1790, the following ratification of the Constitution, by the state of North Carolina, was communicated by President Washington to both houses of Congress: — STATE OF NORTH CAROLINA.In Convention. Whereas the General Convention which met in Philadelphia, in pursuance of a recommendation of Congress, did recommend to the citizens of the United States a Constitution or form of government in the following words, namely, — “We, the people,” &c. [Here follows the Constitution of the United States, verbatim.] Resolved, That this Convention, in behalf of the freemen, citizens and inhabitants of the state of North Carolina, do adopt and ratify the said Constitution and form of government. Done in Convention this twenty-first day of November, one thousand seven hundred and eighty-nine. (Signed) SAMUEL JOHNSON, J. Hunt, James Taylor,Secretaries. On the 16th of June, 1790, the following ratification by the state of Rhode Island was communicated to Congress: — 13.RHODE ISLAND.[The Constitution of the United States of America precedes the following ratification.] Ratification of the Constitution by the Convention of the State of Rhode Island and Providence Plantations. We, the delegates of the people of the state of Rhode Island and Providence Plantations, duly elected and met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the seventeenth day of September, in the year one thousand seven hundred and eighty-seven, by the Convention then assembled at Philadelphia, in the commonwealth of Pennsylvania, (a copy whereof precedes these presents,) and having also seriously and deliberately considered the present situation of this state, do declare and make known, — I. That there are certain natural rights of which men, when they form a social compact, cannot deprive or divest their posterity, — among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. II. That all power is naturally vested in, and consequently derived from, the people; that magistrates, therefore, are their trustees and agents, and at all times amenable to them. III. That the powers of government may be reassumed by the people whensoever it shall become necessary to their happiness. That the rights of the states respectively to nominate and appoint all state officers, and every other power, jurisdiction, and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or to the departments of government thereof, remain to the people of the several states, or their respective state governments, to whom they may have granted the same; and that those clauses in the Constitution which declare that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said Constitution; but such clauses are to be construed as exceptions to certain specified powers, or as inserted merely for greater caution. IV. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, and not by force and violence; and therefore all men have a natural, equal, and unalienable right to the exercise of religion according to the dictates of conscience; and that no particular religious sect or society ought to be favored or established, by law, in preference to others. V. That the legislative, executive, and judiciary powers of government should be separate and distinct; and, that the members of the two first may be restrained from oppression, by feeling and participating the public burdens, they should, at fixed periods, be reduced to a private station, returned into the mass of the people, and the vacancies be supplied by certain and regular elections, in which all or any part of the former members to be eligible or ineligible, as the rules of the constitution of government and the laws shall direct. VI. That elections of representatives in legislature ought to be free and frequent; and all men having sufficient evidence of permanent common interest with, and attachment to, the community, ought to have the right of suffrage; and no aid, charge, tax, or fee, can be set, rated, or levied, upon the people without their own consent, or that of their representatives so elected, nor can they be bound by any law to which they have not in like manner consented for the public good. VII. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people in the legislature, is injurious to their rights, and ought not to be exercised. VIII. That, in all capital and criminal prosecutions, a man hath the right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence, and be allowed counsel in his favor, and to a fair and speedy trial by an impartial jury in his vicinage, without whose unanimous consent he cannot be found guilty, (except in the government of the land and naval forces,) nor can he be compelled to give evidence against himself. IX. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the trial by jury, or by the law of the land. X. That every freeman restrained of his liberty is entitled to a remedy, to inquire into the lawfulness thereof, and to remove the same if unlawful, and that such remedy ought not to be denied or delayed. XI. That in controversies respecting property, and in suits between man and man, the ancient trial by jury, as hath been exercised by us and our ancestors, from the time whereof the memory of man is not to the contrary is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable. XII. That every freeman ought to obtain right and justice, freely and without sale, completely and without denial, promptly and without delay; and that all establishments or regulations contravening these rights are oppressive and unjust. XIII. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. XIV. That every person has a right to be secure from all unreasonable searches and seizures of his person, his papers, or his property; and therefore, that all warrants to search suspected places, to seize any person, his papers, or his property, without information upon oath or affirmation of sufficient cause, are grievous and oppressive; and that all general warrants (or such in which the place or person suspected are not particularly designated) are dangerous, and ought not to be granted. XV. That the people have a right peaceably to assemble together to consult for their common good, or to instruct their representatives; and that every person has a right to petition or apply to the legislature for redress of grievances. XVI. That the people have a right to freedom of speech, and of writing and publishing their sentiments. That freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated. XVII. That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state; that the militia shall not be subject to martial law, except in time of war, rebellion, or insurrection; that standing armies, in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that, at all times, the military should be under strict subordination to the civil power; that, in time of peace, no soldier ought to be quartered in any house without the consent of the owner, and in time of war only by the civil magistrates, in such manner as the law directs. XVIII. That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead. Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent with the said Constitution, and in confidence that the amendments hereafter mentioned will receive an early and mature consideration, and, conformably to the fifth article of said Constitution, speedily become a part thereof, — We, the said delegates, in the name and in the behalf of the people of the state of Rhode Island and Providence Plantations, do, by these presents, assent to and ratify the said Constitution. In full confidence, nevertheless, that, until the amendments hereafter proposed and undermentioned shall be agreed to and ratified, pursuant to the aforesaid fifth article, the militia of this state will not be continued in service out of this state, for a longer term than six weeks, without the consent of the legislature thereof; that the Congress will not make or alter any regulation in this state respecting the times, places, and manner, of holding elections for senators or representatives, unless the legislature of this state shall neglect or refuse to make laws or regulations for the purpose, or, from any circumstance, be incapable of making the same; and that, in those cases, such power will only be exercised until the legislature of this state shall make provision in the premises; that the Congress will not lay direct taxes within this state, but when the moneys arising from impost, tonnage, and excise, shall be insufficient for the public exigencies, nor until the Congress shall have first made a requisition upon this state to assess, levy, and pay, the amount of such requisition made agreeable to the census fixed in the said Constitution, in such way and manner as the legislature of this state shall judge best; and that Congress will not lay any capitation or poll tax. Done in Convention, at Newport, in the county of Newport, in the state of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the independence of the United States of America. (Signed) DANIEL OWEN, President. Attest. Daniel Updixe,Secretary. And the Convention do, in the name and behalf of the people of the state of Rhode Island and Providence Plantations, enjoin it upon their senators and representative or representatives, which may be elected to represent this state in Congress, to exert all their influence, and use all reasonable means, to obtain a ratification of the following amendments to the said Constitution, in the manner prescribed therein; and in all laws to be passed by the Congress in the mean time, to conform to the spirit of the said amendments, as far as the Constitution will admit. Amendments.I. The United States shall guaranty to each state its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Constitution expressly delegated to the United States. II. That Congress shall not alter, modify, or interfere in, the times, places, or manner, of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse, or be disabled, by invasion or rebellion, to prescribe the same, or in case when the provision made by the state is so imperfect as that no consequent election is had, and then only until the legislature of such state shall make provision in the premises. III. It is declared by the Convention, that the judicial power of the United States, in cases in which a state may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a state; but, to remove all doubts or controversies respecting the same, that it be especially expressed, as a part of the Constitution of the United States, that Congress shall not, directly or indirectly, either by themselves or through the judiciary, interfere with any one of the states, in the redemption of paper money already emitted, and now in circulation, or in liquidating and discharging the public securities of any one state; that each and every state shall have the exclusive right of making such laws and regulations for the before-mentioned purpose as they shall think proper. IV. That no amendments to the Constitution of the United States, hereafter to be made, pursuant to the fifth article, shall take effect, or become a part of the Constitution of the United States, after the year one thousand seven hundred and ninety-three, without the consent of eleven of the states heretofore united under the Confederation. V. That the judicial powers of the United States shall extend to no possible case where the cause of action shall have originated before the ratification of this Constitution, except in disputes between states about their territory, disputes between persons claiming lands under grants of different states, and debts due to the United States. VI. That no person shall be compelled to do military duty otherwise than by voluntary enlistment, except in cases of general invasion; any thing in the second paragraph of the sixth article of the Constitution, or any law made under the Constitution, to the contrary notwithstanding. VII. That no capitation or poll tax shall ever be laid by Congress. VIII. In cases of direct taxes, Congress shall first make requisitions on the several states to assess, levy, and pay, their respective proportions of such requisitions, in such way and manner as the legislatures of the several states shall judge best; and in case any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state’s proportion, together with interest, at the rate of six per cent. per annum, from the time prescribed in such requisition. IX. That Congress shall lay no direct taxes without the consent of the legislatures of three fourths of the states in the Union. X. That the Journal of the proceedings of the Senate and House of Representatives shall be published as soon as conveniently may be, at least once in every year; except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy. XI. That regular statements of the receipts and expenditures of all public moneys shall be published at least once a year. XII. As standing armies, in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity, and as, at all times, the military should be under strict subordination to the civil power, that, therefore, no standing army or regular troops shall be raised or kept up in time of peace. XIII. That no moneys be borrowed, on the credit of the United States, without the assent of two thirds of the senators and representatives present in each house. XIV. That the Congress shall not declare war without the concurrence of two thirds of the senators and representatives present in each house. XV. That the words “without the consent of Congress,” in the seventh clause in the ninth section of the first article of the Constitution, be expunged. XVI. That no judge of the Supreme Court of the United States shall hold any other office under the United States, or any of them; nor shall any officer appointed by Congress, or by the President and Senate of the United States, be permitted to hold any office under the appointment of any of the states. XVII. As a traffic tending to establish or continue the slavery of any part of the human species is disgraceful to the cause of liberty and humanity, that Congress shall, as soon as may be, promote and establish such laws and regulations as may effectually prevent the importation of slaves of every description into the United States. XVIII. That the state legislatures have power to recall, when they think it expedient, their federal senators, and to send others in their stead. XIX. That Congress have power to establish a uniform rule of inhabitancy or settlement of the poor of the different states throughout the United States. XX. That Congress erect no company with exclusive advantages of commerce. XXI. That when two members shall move and call for the ayes and nays on any question, they shall be entered on the Journals of the houses respectively. Done in Convention, at Newport, in the county of Newport, in the state of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and the 14th year of the independence of the United States of America. (Signed) DANIEL OWEN, President Attest. Daniel Updike,Secretary. On the 9th of February, 1791, the following acts of the state of Vermont, relating to the Constitution, were communicated to Congress: — 14.STATE OF VERMONT.An Act to authorize the People of this State to meet in Convention, to deliberate upon and agree to the Constitution of the United States. Whereas, in the opinion of this legislature, the future interest and welfare of this state render it necessary that the Constitution of the United States of America, as agreed to by the Convention at Philadelphia, on the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, with the several amendments and alterations, as the same has been established by the United States, should be laid before the people of this state for their approbation, — It is hereby enacted, by the General Assembly of the state of Vermont, That the first constable in each town shall warn the inhabitants, who, by law, are entitled to vote for representatives in General Assembly, in the same manner as they warn free men’s meetings, to meet in their respective towns on the first Tuesday of December next, at ten o’clock, forenoon, at the several places fixed by law for holding the annual election; and when so met they shall proceed, in the same manner as in the election of representatives, to choose some suitable person, from each town, to serve as a delegate in a state convention, for the purpose of deliberating upon and agreeing to the Constitution of the United States as now established; and the said constable shall certify to the said convention the person so chosen in the manner aforesaid. And, It is hereby further enacted, by the authority aforesaid, That the persons so elected to serve in state convention, as aforesaid, do assemble and meet together on the first Thursday of January next at Bennington, then and there to deliberate upon the aforesaid Constitution of the United States, and if approved of by them, finally to assent to and ratify the same, in behalf and on the part of the people of this state, and make report thereof to the governor of this state for the time being, to be by him communicated to the President of the United States, and the legislature of this state. State of Vermont. Secretary’s Office, Bennington, Jan. 21, 1791. The preceding is a true copy of an act passed by the legislature of the state of Vermont, the twenty-seventh day of October, in the year of our Lord one thousand seven hundred and ninety. ROSWELL HOPKINS, Secretary of State In Convention of the Delegates of the People of the State of Vermont.Whereas, by an act of the commissioners of the state of New York, done at New York, the seventeenth day of October, in the fifteenth year of the independence of the United States of America, one thousand seven hundred and ninety, every impediment, as well on the part of the state of New York as on the part of the state of Vermont, to the admission of the state of Vermont into the Union of the United States of America, is removed; in full faith and assurance that the same will stand approved and ratified by Congress, — This Convention, having impartially deliberated upon the Constitution of the United States of America, as now established, submitted to us by an act of the General Assembly of the state of Vermont, passed October the twenty-seventh, one thousand seven hundred and ninety, — Do, in virtue of the power and authority to us given for that purpose, fully and entirely approve of, assent to, and ratify, the said Constitution; and declare that, immediately from and after this state shall be admitted by the Congress into the Union, and to a full participation of the benefits of the government now enjoyed by the states in the Union, the same shall be binding on us, and the people of the state of Vermont, forever. Done at Bennington, in the county of Bennington, the tenth day of January, in the fifteenth year of the independence of the United States of America, one thousand seven hundred and ninety-one. In testimony whereof, we have hereunto subscribed our names. (Signed) THOMAS CHITTENDEN, President. Signed by one hundred and five members — dissented four. Attest. Roswell Hopkins,Secretary of Convention. Amendments proposed,At the first session of the first Congress under the Constitution, the following resolution was adopted: — “Congress of the United States;
“The conventions of a number of the states having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government will best insure the beneficent ends of its institution; — “Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitution, namely, — “Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution. “Art. I. After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand. “Art. II. No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened. “Art. III. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. “Art. IV. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. “Art. V. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law. “Art. VI. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. “Art. VII. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. “Art. VIII. In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. “Art. IX. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reëxamined, in any court of the United States, than according to the rules in common law. “Art. X. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. “Art. XI. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. “Art. XII. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people. “FREDERICK AUGUSTUS MUHLENBERG, “JOHN ADAMS, Vice-President of the United States, Attest. John Beckley,Clerk of the House of Representatives. Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns: — By the State of New Hampshire. — Agreed to the whole of the said amendments, except the 2d article. By the State of New York. — Agreed to the whole of the said amendments, except the 2d article. By the State of Pennsylvania. — Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments. By the State of Delaware. — Agreed to the whole of the said amendments, except the 1st article. By the State of Maryland. — Agreed to the whole of the said twelve amendments. By the State of South Carolina. — Agreed to the whole said twelve amendments. By the State of North Carolina. — Agreed to the whole of the said twelve amendments. By the State of Rhode Island and Providence Plantations. — Agreed to the whole of the said twelve articles. By the State of New Jersey. — Agreed to the whole of the said amendments, except the second article. By the State of Virginia. — Agreed to the whole of the said twelve articles. No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky. The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures. At the first session of the third Congress, the following amendment was proposed to the state legislatures: — “United States in Congress assembled.“Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both houses concurring, That the following article be proposed to the legislatures of the several states, as an amendment to the Constitution of the United States; which, when ratified by three fourths of the said legislatures, shall be valid as part of the said Constitution, namely, — “The judicial power of the United States shall not be construed to extend to any suit in, law or equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state.” “FREDERICK AUGUSTUS MUHLENBERG, “JOHN ADAMS, Vice-President of the United States, “Attest. J. Beckley,Clerk of the House of Representatives. From the Journals of the House of Representatives, at the second session of the third Congress, it appears that returns from the state legislatures, ratifying this amendment, were received, as follows: — From New York, Massachusetts, Vermont, New Hampshire, Georgia, and Delaware. At the first session of the fourth Congress, further returns, ratifying the same amendment, were received from Rhode Island and North Carolina. At the second session of the fourth Congress, on the 2d of March, 1787, the following resolution was adopted: — “United States in Congress assembled.“Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be requested to adopt some speedy and effectual means of obtaining information from the states of Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Kentucky, Tennessee, and South Carolina, whether they have ratified the amendment proposed by Congress to the Constitution concerning the suability of states; if they have, to obtain the proper evidence thereof. “JONATHAN DAYTON, Speaker of the House of Representatives. “WILLIAM BINGHAM, President, pro tempore, of the Senate. “Approved, March 2, 1797. “GEORGE WASHINGTON, President of the United States.” At the second session of the fifth Congress, the following message from the President of the United States was transmitted to both houses: — From a report of the secretary of state, made under the direction of President Adams, on the 28th December, 1797, it appeared that the states of Connecticut, Maryland, and Virginia, had ratified the amendment; that New Jersey and Pennsylvania had not ratified it; South Carolina had not definitely acted upon it. No answers had been received from Kentucky and Tennessee. MESSAGE.“Gentlemen of the Senate, and Gentlemen of the House of Representatives: — “I have an opportunity of transmitting to Congress a report of the secretary of state, with a copy of an act of the legislature of the state of Kentucky, consenting to the ratification of the amendment of the Constitution of the United States proposed by Congress, in their resolution of the second day of December, 1793, relative to the suability of states. This amendment having been adopted by three fourths of the several states, may now be declared to be a part of the Constitution of the United States. JOHN ADAMS.” “United States, January 8, 1798. At the first session of the eighth Congress, the following amendment was proposed by Congress to the state legislatures: — “Eighth Congress of the United States.At the First Session, begun and held at the City of Washington, in the Territory of Columbia, on Monday, the seventeenth of October, one thousand eight hundred and three. “Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both houses concurring, That in lieu of the third paragraph of the first section of the second article of the Constitution of the United States, — which, when ratified by three fourths of the legislatures of the several states, shall be valid to all intents and purposes, as part of the said Constitution, to wit, — “ ‘The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, 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 for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, 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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. “ ‘The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President. A quorum for that purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. “ ‘But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.’ “Attest. John Beckley,Clerk of the House of Rep’s of the U. States. At the same session, an act passed, of which the following is the 1st section: — “An Act supplementary to an Act, entitled An Act relative to the Election of a President and Vice-President of the United States, and declaring the Officer who shall act as President, in Case of Vacancies in the Offices both of President and Vice-President.“Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled. That, whenever the amendment proposed, during the present session of Congress, to the Constitution of the United States, respecting the manner of voting for President and Vice-President of the United States, shall have been ratified by the legislatures of three fourths of the several states, the secretary of state shall forthwith cause a notification thereof to be made to the executive of every state, and shall also cause the same to be published in at least one of the newspapers printed in each state, in which the laws of the United States are annually published. The executive authority of each state shall cause a transcript of the said notification to be delivered to the electors appointed for that purpose, who shall first thereafter meet in such state, for the election of a President and Vice-President of the United States; and whenever the said electors shall have received the said transcript of notification, or whenever they shall meet more than five days subsequent to the publication of the above-mentioned amendment, in one of the newspapers of the state, by the secretary of state, they shall vote for President and Vice-President of the United States, respectively, in the manner directed by the above-mentioned amendment; and, having made and signed three certificates of all the votes given by them, each of which certificates shall contain two distinct lists, — one, of the votes given for President, and the other, of the votes given for Vice-President, — they shall seal up the said certificates, certifying on each that lists of all the votes of such state given for President, and of all the votes given for Vice-President, are contained therein, and shall cause the said certificates to be transmitted and disposed of, and in every other respect act in conformity with the provisions of the act to which this is a supplement. And every other provision of the act to which this is a supplement, and which is not virtually repealed by this act, shall extend and apply to every election of a President and Vice-President of the United States, made in conformity to the above-mentioned amendment to the Constitution of the United States.” And on the 25th of September, 1804, the following notice, in pursuance of the above provision, was issued from the state department: — “By James Madison, Secretary of State of the United States.“Public notice is hereby given, in pursuance of the act of Congress passed on the 26th March last, entitled ‘An Act supplementary to the Act entitled An Act relative to the Election of a President and Vice-President of the United States, and declaring the Officer who shall act as President, in Case of Vacancies in the Offices both of President and Vice-President,’ — That the amendment proposed, during the last session of Congress, to the Constitution of the United States, respecting the manner of voting for President and Vice-President of the United States, has been ratified by the legislatures of three fourths of the several states, — to wit, by those of Vermont, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Virginia, Ohio, Kentucky, Tennessee, North Carolina, South Carolina, and Georgia, and has thereby become valid as part of the Constitution of the United States. “Given under my hand, at the city of Washington, this twenty-fifth day of September, 1804. (Signed) JAMES MADISON.” LUTHER MARTIN’S LETTER ON THE FEDERAL CONVENTION OF 1787.The Genuine Information, delivered to the Legislature of the State of Maryland, relative to the Proceedings of the General Convention, held at Philadelphia, in 1787, by Luther Martin, Esq., Attorney-General of Maryland, and one of the Delegates in the said Convention. To the Hon.Thomas Cockey Deye,Speaker of the House of Delegates of Maryland.Sir, I flatter myself the subject of this letter will be a sufficient apology for thus publicly addressing it to you, and, through you, to the other members of the House of Delegates. It cannot have escaped your or their recollection, that, when called upon, as the servant of a free state, to render an account of those transactions in which I had a share, in consequence of the trust reposed in me by that state, among other things, I informed them, “that, some time in July, the Hon. Mr. Yates and Mr. Lansing, of New York, left the Convention; that they had uniformly opposed the system, and that, I believe, despairing of getting a proper one brought forward, or of rendering any real service, they returned no more.” You cannot, sir, have forgotten — for the incident was too remarkable not to have made some impression — that, upon my giving this information, the zeal of one of my honorable colleagues, in favor of a system which I thought it my duty to oppose, impelled him to interrupt me, and, in a manner which I am confident his zeal alone prevented him from being convinced was not the most delicate, to insinuate, pretty strongly, that the statement which I had given of the conduct of those gentlemen, and their motives for not returning, was not candid. Those honorable members have officially given information on this subject, by a joint letter to his excellency, Governor Clinton. [See elsewhere in this volume.] Indulge me, sir, in giving an extract from it, that it may stand contrasted in the same page with the information I gave, and may convict me of the want of candor of which I was charged, if the charge was just: if it will not do that, then let it silence my accusers. — “Thus circumstanced, under these impressions, to have hesitated would have been to be culpable. We therefore gave the principles of the Constitution, which has received the sanction of a majority of the Convention, our decided and unreserved dissent. We were not present at the completion of the new Constitution; but, before we left the Convention, its principles were so well established as to convince us that no alteration was to be expected to conform it to our ideas of expediency and safety. A persuasion that our further attendance would be fruitless and unavailing, rendered us less solicitous to return.” These, sir, are their words. On this I shall make no comment. I wish not to wound the feelings of any person. I only wish to convince. I have the honor to remain, with the utmost respect, Your very obedient servant,LUTHER MARTIN. Baltimore,January 27, 1788. [Mr. Martin, when called upon, addressed the house nearly as follows: —]Since I was notified of the resolve of this honorable house, that we should attend this day, to give information with regard to the proceedings of the late Convention, my time has necessarily been taken up with business, and I have also been obliged to make a journey to the Eastern Shore. These circumstances have prevented me from being as well prepared as I could wish to give the information required. However, the few leisure moments I could spare, I have devoted to refreshing my memory, by looking over the papers and notes in my possession; and shall, with pleasure, to the best of my abilities, render an account of my conduct. It was not in my power to attend the Convention immediately on my appointment. I took my seat, I believe, about the 8th or 9th of June. I found that Governor Randolph, of Virginia, had laid before the Convention certain propositions for their consideration, which have been read to this house by my honorable colleague; and I believe he has very faithfully detailed the substance of the speech with which the business of the Convention was opened; for, though I was not there at the time, I saw notes which had been taken of it. The members of the Convention from the states came there under different powers; the greatest number, I believe, under powers nearly the same as those of the delegates of this state. Some came to the Convention under the former appointment, authorizing the meeting of delegates merely to regulate trade. Those of Delaware were expressly instructed to agree to no system which should take away from the states that equality of suffrage secured by the original Articles of Confederation. Before I arrived, a number of rules had been adopted to regulate the proceedings of the Convention, by one of which, seven states might proceed to business, and consequently four states, the majority of that number, might eventually have agreed upon a system which was to affect the whole Union. By another, the doors were to be shut, and the whole proceedings were to be kept secret; and so far did this rule extend, that we were thereby prevented from corresponding with gentlemen in the different states upon the subjects under our discussion — a circumstance, sir, which I confess I greatly regretted. I had no idea that all the wisdom, integrity, and virtue of this state, or of the others, were centred in the Convention. I wished to have corresponded freely and confidentially with eminent political characters in my own and other states — not implicitly to be dictated to by them, but to give their sentiments due weight and consideration. So extremely solicitous were they that their proceedings should not transpire, that the members were prohibited even from taking copies of resolutions, on which the Convention were deliberating, or extracts of any kind from the Journals, without formally moving for, and obtaining permission, by a vote of the Convention for that purpose. You have heard sir, the resolutions which were brought forward by the honorable member from Virginia. Let me call the attention of this house to the conduct of Virginia when our Confederation was entered into. That state then proposed, and obstinately contended, contrary to the sense of, and unsupported by, the other states, for an inequality of suffrage, founded on numbers, or some such scale, which should give her, and certain other states, influence in the Union over the rest. Pursuant to that spirit which then characterized her, and uniform in her conduct, the very second resolve is calculated expressly for that purpose — to give her a representation proportioned to her numbers, — as if the want of that was the principal defect in our original system, and this alteration the great means of remedying the evils we had experienced under our present government. The object of Virginia and other large states, to increase their power and influence over the others, did not escape observation. The subject, however, was discussed with great coolness in the committee of the whole house, (for the Convention had resolved itself into a committee of the whole, to deliberate upon the propositions delivered in by the honorable member from Virginia.) Hopes were formed that the farther we proceeded in the examination of the resolutions, the better the house might be satisfied of the impropriety of adopting them, and that they would finally be rejected by a majority of the committee. If, on the contrary, a majority should report in their favor, it was considered that it would not preclude the members from bringing forward and submitting any other system to the consideration of the Convention; and accordingly, while those resolves were the subject of discussion in the committee of the whole house, a number of the members who disapproved them were preparing another system, such as they thought more conducive to the happiness and welfare of the states. The propositions originally submitted to the Convention having been debated, and undergone a variety of alterations in the course of our proceedings, the committee of the whole house, by a small majority, agreed to a report, which I am happy, sir, to have in my power to lay before you. It was as follows: — “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. That the legislative ought to consist of two branches. “3. 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 particularly 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. That the members of the second branch of the 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, one third to go out biennially; 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 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. That each branch ought to possess the right of originating acts. “6. That the national legislature ought to be empowered to enjoy the legislative rights yested 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 legislature of the United States, the articles of union, or any treaties subsisting under the authority of the Union. “7. That the right of suffrage, in the first branch of the national legislature, ought not to be according to the rule established in the Article of Confederation, but according to some equitable rate 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. That the right of suffrage in the second branch of the national legislature ought to be according to the rule established in the first. “9. 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. That the national executive shall have a right to negative any legislative act, which shall not afterwards be passed unless by two thirds of each branch of the national legislature. “11. 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, 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. “12. That the national legislature be empowered to appoint inferior tribunals. “13. That the jurisdiction of the national judiciary shall extend to cases which respect the collection of the national revenue, cases arising under the laws of the United States, impeachments of any national officer, 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, 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 authority 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. “16. That a republican constitution and its existing laws ought to be guarantied to each state by the United States. “17. That provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary. “18. That the legislative, executive, and judiciary powers, within the several states, ought to be bound by oath to support the articles of the union. “19. That the amendments which shall be offered to the Confederation by this Convention, ought, at a proper time or times, after the approbation of Congress, to be submitted to an assembly or assemblies, recommended by the legislatures, to be expressly chosen by the people, to consider and decide thereon.” These propositions, sir, were acceded to by a majority of the members of the committee — a system by which the large states were to have not only an inequality of suffrage in the first branch, but also the same inequality in the second branch, or Senate. However, it was not designed the second branch should consist of the same number as the first. It was proposed that the Senate should consist of twenty-eight members, formed on the following scale: — Virginia to send five, Pennsylvania and Massachusetts each four; South Carolina, North Carolina, Maryland, New York, and Connecticut, two each, and the states of New Hampshire, Rhode Island, Jersey, Delaware, and Georgia, each of them one. Upon this plan, the three large states, Virginia, Pennsylvania, and Massachusetts, would have thirteen senators out of twenty-eight — almost one half of the whole number. Fifteen senators were to be a quorum to proceed to business; those three states would, therefore, have thirteen out of that quorum. Having this inequality in each branch of the legislature, it must be evident, sir, that they would make what laws they pleased, however injurious or disagreeable to the other states, and that they would always prevent the other states from making any laws, however necessary and proper, if not agreeable to the views of those three states. They were not only, sir, by this system, to have such an undue superiority in making laws and regulations for the Union, but to have the same superiority in the appointment of the President, the judges, and all other officers of government. Hence these three states would, in reality, have the appointment of the President, judges, and all other officers. This President, and these judges so appointed, we may be morally certain, would be citizens of one of those three states; and the President, as appointed by them, and a citizen of one of them, would espouse their interests and their views, when they came in competition with the views and interests of the other states This President, so appointed by the three large states, and so unduly under their influence, was to have a negative upon every law that should be passed, which, if negatived by him, was not to take effect unless assented to by two thirds of each branch of the legislature — a provision which deprived ten states of even the faintest shadow of liberty; for if they, by a miraculous unanimity, having all their members present, should outvote the other three, and pass a law contrary to their wishes, those three large states need only procure the President to negative it, and thereby prevent a possibility of its ever taking effect, because the representatives of those three states would amount to much more than one third (almost one half) of the representatives in each branch. And, sir, this government, so organized, with all this undue superiority in those three large states, was, as you see, to have a power of negativing the laws passed by every state legislature in the Union. Whether, therefore, laws passed by the legislature of Maryland, New York, Connecticut, Georgia, or of any other of the ten states, for the regulation of their internal police, should take effect, and be carried into execution, was to depend on the good pleasure of the representatives of Virginia, Pennsylvania, and Massachusetts. This system of slavery, which bound hand and foot ten states in the Union, and placed them at the mercy of the other three, and under the most abject and servile subjection to them, was approved by a majority of the members of the Convention, and reported by the committee. On this occasion, the house will recollect that the Convention was resolved into a committee of the whole. Of this committee Mr. Gorham was chairman. The Hon. Mr. Washington was then on the floor, in the same situation with the other members of the Convention at large, to oppose any system he thought injurious, or to propose any alterations or amendments he thought beneficial. To these propositions, so reported by the committee, no opposition was given by that illustrious personage, or by the president of the state of Pennsylvania. They both appeared cordially to approve them, and to give them their hearty concurrence. Yet this system, I am confident, Mr. Speaker, there is not a member in this house would advocate, or who would hesitate one moment in saying it ought to be rejected. I mention this circumstance, in compliance with the duty I owe this honorable body, not with a view to lessen those exalted characters, but to show how far the greatest and best of men may be led to adopt very improper measures, through error in judgment, state influence, or by other causes; and to show that it is our duty not to suffer our eyes to be so far dazzled by the splendor of names as to run blindfolded into what may be our destruction. Mr. Speaker, I revere those illustrious personages as much as any man here. No man has a higher sense of the important services they have rendered this country. No member of the Convention went there more disposed to pay deference to their opinions. But I should little have deserved the trust this state reposed in me, if I could have sacrificed its dearest interests to my complaisance for their sentiments. When, contrary to our hopes, it was found that a majority of the members of the Convention had, in the committee, agreed to the system I have laid before you, we then thought it necessary to bring forward the propositions which such of us who had disapproved the plan before had prepared. The members who prepared these resolutions were principally of the Connecticut, New York, New Jersey, Delaware, and Maryland delegations. The Hon. Mr. Patterson, of the Jerseys, laid them before the Convention. Of these propositions I am in possession of a copy, which I shall beg leave to read to you. These propositions were referred to a committee of the whole house. Unfortunately, the New Hampshire delegation had not yet arrived; and the sickness of a relation of the Hon. Mr. M’Henry obliged him still to be absent — a circumstance, sir, which I considered much to be regretted, as Maryland thereby was represented by only two delegates, and they unhappily differed very widely in their sentiments. The result of the reference of these last propositions to a committee, was a speedy and hasty determination to reject them. I doubt not, sir, to those who consider them with attention, so sudden a rejection will appear surprising; but it may be proper to inform you, that, on our meeting in Convention, it was soon found there were among us three parties of very different sentiments and views: — One party, whose object and wish it was to abolish and annihilate all state governments, and to bring forward one general government over this extensive continent, of a monarchical nature, under certain restrictions and limitations. Those who openly avowed this sentiment were, it is true, but few; yet it is equally true, sir, that there was a considerable number who did not openly avow it, who were, by myself and many others of the Convention, considered as being in reality favorers of that sentiment, and, acting upon those principles, covertly endeavoring to carry into effect what they well knew openly and avowedly could not be accomplished. The second party was not for the abolition of the state governments, nor for the introduction of a monarchical government under any form; but they wished to establish such a system as could give their own states undue power and influence, in the government, over the other states. A third party was what I considered truly federal and republican. This party was nearly equal in number with the other two, and was composed of the delegations from Connecticut, New York, New Jersey, Delaware, and in part from Maryland; also of some individuals from other representations. This party, sir, were for proceeding upon terms of federal equality; they were for taking our present federal system as the basis of their proceedings, and, as far as experience had shown us that there were defects, to remedy those defects; as far as experience had shown that other powers were necessary to the federal government, to give those powers. They considered this the object for which they were sent by their states, and what their states expected from them. They urged that if, after doing this, experience should show that there still were defects in the system, (as no doubt there would be,) the same good sense that induced this Convention to be called, would cause the states, when they found it necessary, to call another; and if that convention should act with the same moderation, the members of it would proceed to correct such errors and defects as experience should have brought to light — that, by proceeding in this train, we should have a prospect at length of obtaining as perfect a system of federal government as the nature of things would admit. On the other hand, if we, contrary to the purpose for which we were intrusted, considering ourselves as master-builders, too proud to amend our original government, should demolish it entirely, and erect a new system of our own, a short time might show the new system as defective as the old, perhaps more so. Should a convention be found necessary again, if the members thereof, acting upon the same principles, instead of amending and correcting its defects, should demolish that entirely, and bring forward a third system, that also might soon be found no better than either of the former; and thus we might always remain young in government and always suffering the inconveniences of an incorrect, imperfect system. But, sir, the favorers of monarchy, and those who wished the total abolition of state governments, — well knowing that a government founded on truly federal principles, the bases of which were the thirteen state governments preserved in full force and energy, would be destructive of their views; and knowing they were too weak in numbers openly to bring forward their system; conscious, also, that the people of America would reject it if proposed to them, — joined their interest with that party who wished a system giving particular states the power and influence over the others, procuring, in return, mutual sacrifices from them, in giving the government great and undefined powers as to its legislative and executive; well knowing that, by departing from a federal system, they paved the way for their favorite object — the destruction of the state governments, and the introduction of monarchy. And hence, Mr. Speaker, I apprehend, in a great measure, arose the objections of those honorable members, Mr. Mason and Mr. Gerry. In every thing that tended to give the large states power over the smaller, the first of those gentlemen could not forget he belonged to the Ancient Dominion; nor could the latter forget that he represented Old Massachusetts; that part of the system which tended to give those states power over the others met with their perfect approbation. But when they viewed it charged with such powers as would destroy all state governments, their own as well as the rest, — when they saw a President so constituted as to differ from a monarch scarcely but in name, and having it in his power to become such in reality when he pleased, — they, being republicans and federalists, as far as an attachment to their own states would permit them, warmly and zealously opposed those parts of the system. From these different sentiments, and from this combination of interest, I apprehend, sir, proceeded the fate of what was called the Jersey resolutions, and the report made by the committee of the whole house. The Jersey propositions being thus rejected, the Convention took up those reported by the committee, and proceeded to debate them by paragraphs. It was now that they who disapproved the report found it necessary to make a warm and decided opposition, which took place upon the discussion of the seventh resolution, which related to the inequality of representation in the first branch. Those who advocated this inequality, urged, that, when the Articles of Confederation were formed, it was only from necessity and expediency that the states were admitted each to have an equal vote; but that our situation was now altered, and therefore those states who considered it contrary to their interest would no longer abide by it. They said no state ought to wish to have influence in government, except in proportion to what it contributes to it; that if it contributes but little, it ought to have but a small vote; that taxation and representation ought always to go together; that, if one state had sixteen times as many inhabitants as another, or was sixteen times as wealthy, it ought to have sixteen times as many votes; that an inhabitant of Pennsylvania ought to have as much weight and consequence as an inhabitant of Jersey or Delaware; that it was contrary to the feelings of the human mind — what the large states would never submit to; that the large states would have great objects in view, in which they would never permit the smaller states to thwart them; that equality of suffrage was the rotten part of the Constitution, and that this was a happy time to get clear of it. In fine, it was the poison which contaminated our whole system, and the source of all the evils we experienced. This, sir, is the substance of the arguments, — if arguments they may be called, — which were used in favor of inequality of suffrage. Those who advocated the equality of suffrage took the matter up on the original principles of government. They urged that all men, considered in a state of nature, before any government is formed, are equally free and independent, no one having any right or authority to exercise power over another, and this without any regard to difference in personal strength, understanding, or wealth — that, when such individuals enter into government, they have each a right to an equal voice in its first formation, and afterwards have each a right to an equal vote in every matter which relates to their government: — that if it could be done conveniently, they have a right to exercise it in person: where it cannot be done in person, but, for convenience, representatives are appointed to act for them, every person has a right to an equal vote in choosing that representative who is intrusted to do, for the whole, that which the whole, if they could assemble, might do in person, and in the transacting of which each would have an equal voice: — that if we were to admit, because a man was more wise, more strong, or more wealthy, he should be entitled to more votes than another, it would be inconsistent with the freedom and liberty of that other, and would reduce him to slavery. Suppose, for instance, ten individuals, in a state of nature, about to enter into government, nine of whom are equally wise, equally strong, and equally wealthy; the tenth is ten times as wise, ten times as strong, or ten times as rich: if, for this reason he is to have ten votes for each vote of either of the others, the nine might as well have no vote at all — since, though the whole nine might assent to a measure, yet the vote of the tenth would countervail, and set aside all their votes. If this tenth approved of what they wished to adopt, it would be well; but if he disapproved, he could prevent it; and in the same manner he could carry into execution any measure he wished, contrary to the opinions of all the others, he having ten votes, and the others altogether but nine. It is evident that, on these principles, the nine would have no will nor discretion of their own, but must be totally dependent on the will and discretion of the tenth: to him they would be as absolutely slaves as any negro is to his master. If he did not attempt to carry into execution any measures injurious to the other nine, it could only be said that they had a good master; they would not be the less slaves, because they would be totally dependent on the will of another, and not on their own will. They might not feel their chains, but they would, notwithstanding wear them; and whenever their master pleased, he might draw them so tight as to gall them to the bone. Hence it was urged, the inequality of representation, or giving to one man more votes than another, on account of his wealth, &c., was altogether inconsistent with the principles of liberty; and in the same proportion as it should be adopted, in favor of one or more, in that proportion are the others enslaved. It was urged that, though every individual should have an equal voice in the government, yet even the superior wealth, strength, or understanding, would give great and undue advantages to those who possessed them — that wealth attracts respect and attention; superior strength would cause the weaker and more feeble to be cautious how they offended, and to put up with small injuries rather than engage in an unequal contest. In like manner, superior understanding would give its possessor many opportunities of profiting at the expense of the more ignorant. Having thus established these principles with respect to the rights of individuals in a state of nature, and what is due to each on entering into government, — principles established by every writer on liberty, — they proceeded to show that states, when once formed, are considered, with respect to each other, as individuals in a state of nature; that, like individuals, each state is considered equally free and equally independent, the one having no right to exercise authority over the other, though more strong, more wealthy, or abounding with more inhabitants — that, when a number of states unite themselves under a federal government, the same principles apply to them as when a number of individual men unite themselves under a state government — that every argument which shows one man ought not to have more votes than another, because he is wiser-stronger, or wealthier, proves that one state ought not to have more votes than another, because it is stronger, richer, or more populous; and that, by giving one state, or one or two states, more votes than the others, the others thereby are enslaved to such state or states, having the greater number of votes, in the same manner as in the case before put of individuals, when one has more votes than the others — that the reason why each individual man, in forming a state government, should have an equal vote, is, because each individual, before he enters into government, is equally free and independent; so each state, when states enter into a federal government, are entitled to an equal vote, because, before they entered into such federal government, each state was equally free and equally independent — that adequate representation of men, formed into a state government, consists in each man having an equal voice; either personally, or if by representatives, that he should have an equal voice in choosing the representatives — so adequate representation of states in a federal government, consists in each state having an equal voice, either in person or by its representative, in every thing which relates to the federal government — that this adequacy of representation is more important in a federal, than in a state government, because the members of a state government, the district of which is not very large, have generally such a common interest, that laws can scarcely be made by one part oppressive to the others, without their suffering in common; but the different states composing an extensive federal empire, widely distant one from the other, may have interests so totally distinct, that the one part might be greatly benefited by what would be destructive to the other. They were not satisfied by resting it on principles; they also appealed to history. They showed that, in the Amphictyonic confederation of the Grecian cities, each city, however different in wealth, strength, and other circumstances, sent the same number of deputies, and had each an equal voice in every thing that related to the common concerns of Greece. It was shown that, in the seven provinces of the United Netherlands, and the confederated cantons of Switzerland, each canton, and each province, have an equal vote, although there are as great distinctions of wealth, strength, population, and extent of territory, among those provinces, and those cantons, as among these states. It was said that the maxim, that taxation and representation ought to go together, was true so far that no person ought to be taxed who is not represented; but not in the extent insisted upon, to wit, that the quantum of taxation and representation ought to be the same; on the contrary, the quantum of representation depends upon the quantum of freedom, and therefore all, whether individual states or individual men, who are equally free, have a right to equal representation — that to those who insist that he who pays the greatest share of taxes ought to have the greatest number of votes, it is a sufficient answer to say, that this rule would be destructive of the liberty of the others, and would render them slaves to the more rich and wealthy — that, if one man pays more taxes than another, it is because he has more wealth to be protected by government, and he receives greater benefits from the government; so, if one state pays more to the federal government, it is because, as a state, she enjoys greater blessings from it; she has more wealth protected by it, or a greater number of inhabitants, whose rights are secured, and who share its advantages. It was urged that, upon these principles, the Pennsylvanian, or inhabitant of a large state, was of as much consequence as the inhabitant of Jersey, Delaware, Maryland, or any other state — that his consequence was to be decided by his situation in his own state; that, if he was there as free, if he had as great share in the forming of his own government, and in the making and executing its laws, as the inhabitants of those other states, then was he equally important and of equal consequence. Suppose a confederation of states had never been adopted, but every state had remained absolutely in its independent situation, — no person could, with propriety, say that the citizen of the large state was not as important as the citizen of the smaller. The confederation of states cannot alter the case. It was said that, in all transactions between state and state, the freedom, independence, importance, and consequence, even the individuality, of each citizen of the different states, might with propriety be said to be swallowed up or concentrated in the independence, the freedom, and the individuality, of the state of which they are citizens; that the thirteen states are thirteen distinct, political, individual existences, as to each other; that the federal government is, or ought to be, a government over these thirteen political, individual existences, which form the members of that government; and as the largest state is only a single individual of this government, it ought to have only one vote; the smallest state, also being one individual member of this government, ought also to have one vote. To those who urged that the states having equal suffrage was contrary to the feelings of the human heart, it was answered, that it was admitted to be contrary to the feelings of pride and ambition; but those were feelings which ought not to be gratified at the expense of freedom. It was urged that the position that great states would have great objects in view, in which they would suffer the less states to thwart them, was one of the strongest reasons why inequality of representation ought not to be admitted. If those great objects were not inconsistent with the interest of the less states, they would readily concur in them; but if they were inconsistent with the interest of a majority of the states composing the government, in that case two or three states ought not to have it in their power to aggrandize themselves at the expense of all the rest. To those who alleged that equality of suffrage, in our federal government, was the poisonous source from which all our misfortunes flowed, it was answered that the allegation was not founded in fact — that equality of suffrage had never been complained of, by the states, as a defect in our federal system — that, among the eminent writers, foreigners and others, who had treated of the defects of our Confederation, and proposed alterations, none had proposed an alteration in this part of the system; and members of the Convention, both in and out of Congress, who advocated the equality of suffrage, called upon their opponents, both in and out of Congress, and challenged them to produce one single instance where a bad measure had been adopted, or a good measure had failed of adoption, in consequence of the states having an equal vote. On the contrary, they urged that all our evils flowed from the want of power in the federal head, and that, let the right of suffrage in the states be altered in any manner whatever, if no greater power were given to the government, the same inconveniences would continue. It was denied that the equality of suffrage was originally agreed to on principles of necessity or expediency; on the contrary, that it was adopted on the principles of the rights of men, and the rights of states, which were then well known, and which then influenced our conduct, although now they seem to be forgotten. For this, the Journals of Congress were appealed to. It was from them shown, that, when the committee of Congress reported to that body the Articles of Confederation, the very first article which became the subject of discussion was that respecting equality of suffrage — that Virginia proposed divers modes of suffrage, all on the principle of inequality, which were almost unanimously rejected — that, on the question for adopting the article, it passed, Virginia being the only state which voted in the negative — that, after the Articles of Confederation were submitted to the states, by them to be ratified, almost every state proposed certain amendments, which they instructed their delegates to endeavor to obtain before ratification: and that, among all the amendments proposed, not one state, not even Virginia, proposed an amendment of that article securing the equality of suffrage; the most convincing proof it was agreed to, and adopted, not from necessity, but upon a full conviction that, according to the principles of free government, the states had a right to that equality of suffrage. But, sir, it was to no purpose that the futility of their objections was shown. When driven from the pretence that the equality of suffrage had been originally agreed to on principles of expediency and necessity, the representatives of the large states persisted in a declaration, that they would never agree to admit the smaller states to an equality of suffrage. In answer to this, they were informed, and informed in terms the most strong and energetic that could possibly be used, that we never would agree to a system giving them the undue influence and superiority they proposed — that we would risk every possible consequence — that from anarchy and confusion order might arise — that slavery was the worst that could ensue, and we considered the system proposed to be the most complete, most abject system of slavery that the wit of man ever devised, under the pretence of forming a government for free states — that we never would submit tamely and servilely to a present certain evil in dread of a future, which might be imaginary — that we were sensible the eyes of our country and the world were upon us — that we would not labor under the imputation of being unwilling to form a strong and energetic federal government; but we would publish the system which we approved, and also that which we opposed, and leave it to our country and the world at large to judge, between us, who best understood the rights of freemen and free states, and who best advocated them; and to the same tribunal we would submit, who ought to be answerable for all the consequences which might arise to the Union, from the Convention breaking up without proposing any system to their constituents. During this debate, we were threatened that, if we did not agree to the system proposed, we never should have an opportunity of meeting in convention to deliberate on another; and this was frequently urged. In answer, we called upon them to show what was to prevent it, and from what quarter was our danger to proceed. Was it from a foreign enemy? Our distance from Europe, and the political situation of that country, left us but little to fear. Was there any ambitious state or states, who, in violation of every sacred obligation, was preparing to enslave the other states, and raise itself to consequence on the ruin of the others? Or was there any such ambitious individual? We did not apprehend it to be the case. But suppose it to be true; it rendered it the more necessary that we should sacredly guard against a system which might enable all those ambitious views to be carried into effect, even under the sanction of the Constitution and government. In fine, sir, all these threats were treated with contempt, and they were told that we apprehended but one reason to prevent the states meeting again in convention; that, when they discovered the part this Convention had acted, and how much its members were abusing the trust reposed in them, the states would never trust another convention. At length, sir, after every argument had been exhausted by the advocates of equality of representation, the question was called, when a majority decided in favor of the inequality — Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia, voting for it; Connecticut, New York, New Jersey, and Delaware, against; Maryland divided. It may be thought surprising, sir, that Georgia, a state now small, and comparatively trifling, in the Union, should advocate this system of unequal representation, giving up her present equality in the federal government, and sinking herself almost to total insignificance in the scale; but, sir, it must be considered that Georgia has the most extensive territory in the Union, being larger than the whole island of Great Britain, and thirty times as large as Connecticut. This system being designed to preserve to the states their whole territory unbroken, and to prevent the erection of new states within the territory of any of them, Georgia looked forward when, her population being increased in some measure proportioned to her territory, she should rise in the scale, and give law to the other states; and hence we found the delegation of Georgia warmly advocating the proposition of giving the states unequal representation. Next day, the question came on with respect to the inequality of representation in the second branch; but little debate took place; the subject had been exhausted on the former question. On the votes being taken, Massachusetts, Pennsylvania, Virginia, North Carolina, and South Carolina, voted for the inequality. Connecticut, New York, New Jersey, Delaware, and Maryland,* were in the negative. Georgia had only two representatives on the floor, one of whom (not, I believe, because he was against the measure, but from a conviction that he would go home, and thereby dissolve the Convention, before we would give up the question) voted also in the negative, by which that state was divided. Thus, sir, on this great and important part of the system, the Convention being equally divided, — five states for the measure, five against, and one divided, — there was a total stand; and we did not seem very likely to proceed any farther. At length, it was proposed that a select committee should be balloted for, composed of a member from each state, which committee should endeavor to devise some mode of reconciliation or compromise. I had the honor to be on that committee. We met, and discussed the subject of difference. The one side insisted on the inequality of suffrage in both branches; the other side, equality in both. Each party was tenacious of their sentiments. When it was found that nothing could induce us to yield the inequality in both branches, they at length proposed, by way of compromise, if we would accede to their wishes as to the first branch, they would agree to an equal representation in the second. To this it was answered, that there was no merit in the proposal; it was only consenting, after they had struggled to put both their feet on our necks, to take one of them off, provided we would consent to let them keep the other on; when they knew, at the same time, that they could not put one foot on our necks, unless we would consent to it; and that, by being permitted to keep on that one foot, they should afterwards be able to place the other foot on whenever they pleased. They were also called on to inform us what security they could give us, should we agree to this compromise, that they would abide by the plan of government formed upon it any longer than suited their interests, or they found it expedient. “The states have a right to an equality of representation. This is secured to us by our present Articles of Confederation; we are in possession of this right. It is now to be torn from us. What security can you give us that, when you get the power the proposed system will give you, when you have men and money, you will not force from the states that equality of suffrage, in the second branch, which you now deny to be their right, and only give up from absolute necessity? Will you tell us we ought to trust you because you now enter into a solemn compact with us? This you have done before, and now treat with the utmost contempt. Will you now make an appeal to the Supreme Being, and call on him to guaranty your observance of this compact? The same you have formerly done for your observance of the Articles of Confederation, which you are now violating in the most wanton manner. “The same reason which you now urge, for destroying our present federal government, may be urged for abolishing the system you propose to adopt; and as the method prescribed by the Articles of Confederation is now totally disregarded by you, as little regard may be shown by you to the rules prescribed for the amendment of the new system, whenever, having obtained power by the government, you shall hereafter be pleased to discard it entirely, or so to alter it as to give yourselves all that superiority which you have now contended for, and to obtain which you have shown yourselves disposed to hazard the Union.” — Such, sir, was the language used on that occasion; and they were told that, as we could not possibly have a stronger tie on them for the observance of the new system than we had for their observance of the Articles of Confederation, (which had proved totally insufficient,) it would be wrong and imprudent to confide in them. It was further observed, that the inequality of the representation would be daily increasing — that many of the states whose territory was confined, and whose population was at this time large in proportion to their territory, would probably, twenty, thirty, or forty years hence, have no more representatives than at the introduction of the government; whereas the states having extensive territory, where lands are to be procured cheap, would be daily increasing in the number of inhabitants, not only from propagation, but from the emigration of the inhabitants of the other states, and would have soon double, or perhaps treble, the number of representatives that they are to have at first, and thereby enormously increase their influence in the national councils. However, the majority of the select committee at length agreed to a series of propositions by way of compromise, — part of which related to the representation in the first branch, nearly as the system is now published, and part of them to the second branch, securing in that equal representation, — and reported them as a compromise upon the express terms that they were wholly to be adopted or wholly to be rejected. Upon this compromise, a great number of the members so far engaged themselves, that, if the system was progressed upon agreeably to the terms of compromise, they would lend their names, by signing it, and would not actively oppose it, if their states should appear inclined to adopt it. Some, however, — in which number was myself, — who joined in that report, and agreed to proceed upon those principles, and see what kind of a system would ultimately be formed upon it, yet reserved to themselves, in the most explicit manner, the right of finally giving a solemn dissent to the system, if it was thought by them inconsistent with the freedom and happiness of their country. This, sir, will account why the gentlemen of the Convention so generally signed their names to the system; — not because they thought it a proper one; not because they thoroughly approved, or were unanimous for it; but because they thought it better than the system attempted to be forced upon them. This report of the select committee was, after long dissension, adopted by a majority of the Convention, and the system was proceeded in accordingly. I believe near a fortnight — perhaps more — was spent in the discussion of this business, during which we were on the verge of dissolution, scarce held together by the strength of a hair, though the public papers were announcing our extreme unanimity. Mr. Speaker, I think it my duty to observe that, during this struggle to prevent the large states from having all power in their hands, which had nearly terminated in a dissolution of the Convention, it did not appear to me that either of those illustrious characters, the Hon. Mr. Washington or the president of the state of Pennsylvania, was disposed to favor the claims of the smaller states against the undue superiority attempted by the large states. On the contrary, the honorable president of Pennsylvania was a member of the committee of compromise, and there advocated the right of the large states to an inequality in both branches, and only ultimately conceded it in the second branch on the principle of conciliation, when it was found no other terms would be accepted. This, sir, I think it my duty to mention for the consideration of those who endeavor to prop up a dangerous and defective system by great names. Soon after this period, the Hon. Mr. Yates and Mr. Lansing, of New York, left us. They had uniformly opposed the system; and, I believe, despairing of getting a proper one brought forward, or of rendering any real service, they returned no more. The propositions reported by the committee of the whole house having been fully discussed by the Convention, and, with many alterations, having been agreed to by a majority, a committee of five was appointed to detail the system according to the principles contained in what had been agreed to by that majority. This was likely to require some time, and the Convention adjourned for eight or ten days. Before the adjournment, I moved for liberty to be given to the different members to take correct copies of the propositions to which the Convention had then agreed, in order that, during the recess of the Convention, we might have an opportunity of considering them, and, if it should be thought that any alterations or amendments were necessary, that we might be prepared, against the Convention met, to bring them forward for discussion. But, sir, the same spirit which caused our doors to be shut, our proceedings to be kept secret, our Journals to be locked up, and every avenue, as far as possible, to be shut to public information, prevailed also in this case, and the proposal, so reasonable and necessary, was rejected by a majority of the Convention; thereby precluding even the members themselves from the necessary means of information and deliberation on the important business in which they were engaged. It has been observed, Mr. Speaker, by my honorable colleagues, that the debate respecting the mode of representation was productive of considerable warmth. This observation is true. But, sir, it is equally true, that, if we could have tamely and servilely consented to be bound in chains, and meanly condescended to assist in riveting them fast, we might have avoided all that warmth, and have proceeded with as much calmness and coolness as any Stoic could have wished. Having thus, sir, given the honorable members of this house a short history of some of the interesting parts of our proceedings, I shall beg leave to take up the system published by the Convention, and shall request your indulgence while I make some observations on different parts of it, and give you such further information as may be in my power. [Here Mr. Martin read the first section of the first article, and then proceeded.] With respect to this part of the system, Mr. Speaker, there was a diversity of sentiment. Those who were for two branches in the legislature — a House of Representatives and a Senate — urged the necessity of a second branch, to serve as a check upon the first, and used all those trite and common-place arguments which may be proper and just when applied to the formation of a state government over individuals variously distinguished in their habits and manners, fortune and rank; where a body chosen in a select manner, respectable for their wealth and dignity, may be necessary, frequently, to prevent the hasty and rash measures of a representation more popular. But, on the other side, it was urged that none of those arguments could with propriety be applied to the formation of a federal government over a number of independent states — that it is the state governments which are to watch over and protect the rights of the individual, whether rich or poor, or of moderate circumstances, and in which the democratic and aristocratic influence or principles are to be so blended, modified, and checked, as to prevent oppression and injury — that the federal government is to guard and protect the states and their rights, and to regulate their common concerns — that a federal government is formed by the states, as states, (that is, in their sovereign capacities,) in the same manner as treaties and alliances are formed — that a sovereignty, considered as such, cannot be said to have jarring interests or principles, the one aristocratic, and the other democratic; but that the principles of a sovereignty, considered as a sovereignty, are the same, whether that sovereignty is monarchical, aristocratical, democratical, or mixed — that the history of mankind doth not furnish an instance, from its earliest history to the present time, of a federal government constituted of two distinct branches — that the members of the federal government, if appointed by the states in their state capacities, (that is, by their legislatures, as they ought,) would be select in their choice; and, coming from different states, having different interests and views, this difference of interests and views would always be a sufficient check over the whole; and it was shown that even Adams, who, the reviewers have justly observed, appears to be as fond of checks and balances as Lord Chesterfield of the graces, — even he declares that a council consisting of one branch has always been found sufficient in a federal government. It was urged, that the government we were forming was not in reality a federal, but a national, government, not founded on the principles of the preservation, but the abolition or consolidation, of all state governments — that we appeared totally to have forgotten the business for which we were sent, and the situation of the country for which we were preparing our system — that we had not been sent to form a government over the inhabitants of America, considered as individuals — that, as individuals, they were all subject to their respective state governments, which governments would still remain though the federal government should be dissolved — that the system of government we were intrusted to prepare was a government over these thirteen states; but that, in our proceedings, we adopted principles which would be right and proper only on the supposition that there were no state governments at all, but that all the inhabitants of this extensive continent were, in their individual capacity, without government, and in a state of nature — that, accordingly, the system proposes the legislature to consist of two branches, the one to be drawn from the people at large, immediately, in their individual capacity; the other to be chosen in a more select manner, as a check upon the first. It is, in its very introduction, declared to be a compact between the people of the United States as individuals; and it is to be ratified by the people at large, in their capacity as individuals; all which, it was said, would be quite right and proper, if there were no state governments, if all the people of this continent were in a state of nature, and we were forming one national government for them as individuals; and is nearly the same as was done in most of the states, when they formed their governments over the people who composed them. Whereas it was urged, that the principles on which a federal government over states ought to be constructed and ratified are the reverse; and, instead of the legislature consisting of two branches, one branch was sufficient, whether examined by the dictates of reason or the experience of ages — that the representation, instead of being drawn from the people at large, as individuals, ought to be drawn from the states, as states, in their sovereign capacity — that, in a federal government, the parties to the compact are not the people, as individuals, but the states, as states; and that it is by the states, as states, in their sovereign capacity, that the system of government ought to be ratified, and not by the people, as individuals. It was further said, that, in a federal government over states equally free, sovereign, and independent, every state ought to have an equal share in making the federal laws or regulations, in deciding upon them, and in carrying them into execution, neither of which was the case in this system, but the reverse, the states not having an equal voice in the legislature, nor in the appointment of the executive, the judges, and the other officers of government. It was insisted, that in the whole system there was but one federal feature — the appointment of the senators by the states in their sovereign capacity, that is, by their legislatures, and the equality of suffrage in that branch; but it was said that this feature was only federal in appearance. To prove this, — and that the Senate, as constituted, could not be a security for the protection and preservation of the state governments, and that the senators could not be considered the representatives of the states, as states, — it was observed that, upon just principles, the representative ought to speak the sentiments of his constituents, and ought to vote in the same manner that his constituents would do, (as far as he can judge,) provided his constituents were acting in person, and had the same knowledge and information with himself; and therefore that the representative ought to be dependent on his constituents, and answerable to them; that the connection between the representatives and the represented ought to be as near and as close as possible. According to these principles, Mr. Speaker, in this state it is provided, by its Constitution, that the representatives in Congress shall be chosen annually, shall be paid by the state, and shall be subject to recall even within the year — so cautiously has our Constitution guarded against an abuse of the trust reposed in our representatives in the federal government; whereas, by the third and sixth section of the first article of this new system, the senators are to be chosen for six years, instead of being chosen annually; instead of being paid by their states who send them, they, in conjunction with the other branch are to pay themselves out of the treasury of the United States, and are not liable to be recalled during the period for which they are chosen. Thus, sir, for six years, the senators are rendered totally and absolutely independent of their states, of whom they ought to be the representatives, without any bond or tie between them. During that time, they may join in measures ruinous and destructive to their states, even such as should totally annihilate their state governments; and their states cannot recall them, nor exercise any control over them. Another consideration, Mr. Speaker, it was thought, ought to have great weight to prove that the smaller states cannot depend on the Senate for the preservation of their rights, either against large and ambitious states, or against an ambitious, aspiring President. The Senate, sir, is so constituted that they are not only to compose one branch of the legislature, but, by the second section of the second article, they are to compose a privy council for the President. Hence it will be necessary that they should be, in a great measure, a permanent body, constantly residing at the seat of government. Seventy years are esteemed for the life of a man; it can hardly be supposed that a senator, especially from the states remote from the seat of empire, will accept of an appointment which must estrange him for six years from his state, without giving up, to a great degree, his prospects in his own state. If he has a family, he will take his family with him to the place where the government shall be fixed; that will become his home; and there is every reason to expect that his future views and prospects will centre in the favors and emoluments of the general government, or of the government of that state where the seat of empire is established. In either case, he is lost to his own state. If he places his future prospects in the favors and emoluments of the general government, he will become a dependant and creature of the President. As the system enables a senator to be appointed to office, and without the nomination of the President no appointment can take place, — as such he will favor the wishes of the President, and concur in his measures, who, if he has no ambitious views of his own to gratify, may be too favorable to the ambitious views of the large states, who will have an undue share in his original appointment, on whom he will be more dependent afterwards than on the states which are smaller. If the senator places his future prospects in that state where the seat of empire is fixed, from that time he will be, in every question wherein its particular interest may be concerned, the representative of that state, not of his own. But even this provision apparently for the security of the state governments, inadequate as it is, is entirely left at the mercy of the general government; for, by the fourth section of the first article, it is expressly provided, that the Congress shall have a power to make and alter all regulations concerning the time and manner of holding elections for senators — a provision expressly looking to, and I have no doubt designed for, the utter extinction and abolition of all state governments. Nor will this, I believe, be doubted by any person, when I inform you that some of the warm advocates and patrons of the system in Convention strenuously opposed the choice of the senators by the state legislatures, insisting that the state governments ought not to be introduced in any manner so as to be component parts of, or instruments for carrying into execution, the general government. Nay, so far were the friends of the system from pretending that they meant it or considered it as a federal system, that, on the question being proposed, “that a union of the states, merely federal, ought to be the sole objects of the exercise of the powers vested in the Convention,” it was negatived by a majority of the members; and it was resolved, “that a national government ought to be formed.” Afterwards, the word “national” was struck out by them, because they thought the word might tend to alarm; and although, now, they who advocate the system pretend to call themselves federalists, in Convention the distinction was quite the reverse; those who opposed the system were there considered and styled the federal party, those who advocated it the anti-federal. Viewing it as a national, not a federal government, — as calculated and designed, not to protect and preserve, but to abolish and annihilate, the state governments, — it was opposed for the following reasons: It was said that this continent was much too extensive for one national government, which should have sufficient power and energy to pervade, and hold in obedience and subjection, all its parts, consistently with the enjoyment and preservation of liberty — that the genius and habits of the people of America were opposed to such a government — that, during their connection with Great Britain, they had been accustomed to have all their concerns transacted within a narrow circle, their colonial district; they had been accustomed to have their seats of government near them, to which they might have access, without much inconvenience, when their business should require it — that, at this time, we find, if a county is rather large, the people complain of the inconvenience, and clamor for a division of their county, or for a removal of the place where their courts are held, so as to render it more central and convenient — that, in those states the territory of which is extensive, as soon as the population increases remote from the seat of government, the inhabitants are urgent for a removal of the seat of their government, or to be erected into a new state. As a proof of this, the inhabitants of the western parts of Virginia and North Carolina, of Vermont and the Province of Maine, were instances; even the inhabitants of the western parts of Pennsylvania, who, it is said, already seriously look forward to the time when they shall either be erected into a new state, or have their seat of government removed to the Susquehannah. If the inhabitants of the different states consider it as a grievance to attend a county court, or the seat of their own government, when a little inconvenient, can it be supposed they would ever submit to have a national government established, the seat of which would be more than a thousand miles removed from some of them? It was insisted that governments of a republican nature are those best calculated to preserve the freedom and happiness of the citizen — that governments of this kind are only calculated for a territory but small in its extent — that the only method by which an extensive continent, like America, could be connected and united together, consistently with the principles of freedom, must be by having a number of strong and energetic state governments, for securing and protecting the rights of individuals forming those governments, and for regulating all their concerns; and a strong, energetic federal government over those states, for the protection and preservation, and for regulating the common concerns of the states. It was further insisted that, even if it was possible to effect a total abolition of the state governments at this time, and to establish one general government over the people of America, it could not long subsist, but in a little time would again be broken into a variety of governments of a smaller extent, similar, in some manner, to the present situation of this continent. The principal difference, in all probability, would be, that the governments so established, being effected by some violent convulsion, might not be formed on principles so favorable to liberty as those of our present state governments — that this ought to be an important consideration to such of the states who had excellent governments, which was the case with Maryland, and most others, whatever it might be to persons who, disapproving of their particular state government, would be willing to hazard every thing to overturn and destroy it. These reasons, sir, influenced me to vote against two branches in the legislature, and against every part of the system which was repugnant to the principles of a federal government. Nor was there a single argument urged, or reason assigned, which, to my mind, was satisfactory to prove that a good government, on federal principles, was unattainable; the whole of their arguments only proving, what none of us controverted — that our federal government, as originally formed, was defective, and wanted amendment. However, a majority of the Convention, hastily and inconsiderately, without condescending to make a fair trial, in their great wisdom decided that a kind of government which a Montesquieu and a Price have declared the best calculated of any to preserve internal liberty, and to enjoy external strength and security, and the only one by which a large continent can be connected and united, consistently with the principles of liberty, was totally impracticable; and they acted accordingly. With respect to that part of the second section of the first article which relates to the apportionment of representation and direct taxation, there were considerable objections made to it, besides the great objection of inequality. It was urged, that no principle could justify taking slaves into computation in apportioning the number of representatives a state should have in the government — that it involved the absurdity of increasing the power of a state in making laws for free men in proportion as that state violated the rights of freedom — that it might be proper to take slaves into consideration, when taxes were to be apportioned, because it had a tendency to discourage slavery; but to take them into account in giving representation tended to encourage the slave trade, and to make it the interest of the states to continue that infamous traffic — that slaves could not be taken into account as men, or citizens, because they were not admitted to the rights of citizens, in the states which adopted or continued slavery. If they were to be taken into account as property, it was asked what peculiar circumstance should render this property (of all others the most odious in its nature) entitled to the high privilege of conferring consequence and power in the government to its possessors, rather than any other property; and why slaves should, as property, be taken into account rather than horses, cattle, mules, or any other species; and it was observed, by an honorable member from Massachusetts, that he considered it as dishonorable and humiliating to enter into compact with the slaves of the Southern States, as it would with the horses and mules of the Eastern. It was also objected that the numbers of representatives appointed by this section to be sent, by the particular states, to compose the first legislature, were not precisely agreeable to the rule of representation adopted by this system, and that the numbers in this section are artfully lessened for the large states, while the smaller states have their full proportion, in order to prevent the undue influence which the large states will have in the government from being too apparent; and I think, Mr. Speaker, that this objection is well founded. I have taken some pains to obtain information of the number of freemen and slaves in the different states; and I have reason to believe that, if the estimate was now taken which is directed, and one delegate to be sent for every thirty thousand inhabitants, that Virginia would have at least twelve delegates, Massachusetts eleven, and Pennsylvania ten, instead of the number stated in this section; whereas the other states, I believe, would not have more than the number there allowed them; nor would Georgia, most probably, at present, send more than two. If I am right, Mr. Speaker, upon the enumeration being made, and the representation being apportioned according to the rule prescribed, the whole number of delegates would be seventy-one, thirty-six of which would be a quorum to do business: the delegates of Virginia, Massachusetts, and Pennsylvania, would amount to thirty-three of that quorum. Those three states will, therefore, have much more than equal power and influence in making the laws and regulations which are to affect this continent, and will have a moral certainty of preventing any laws or regulations which they disapprove, although they might be thought ever so necessary by a great majority of the states. It was further objected that, even if the states who had most inhabitants ought to have a greater number of delegates, yet the number of delegates ought not to be in exact proportion to the number of inhabitants, because the influence and power of those states whose delegates are numerous will be greater, when compared with the influence and power of the other states, than the proportion which the numbers of their delegates bear to each other; as, for instance, though Delaware has but one delegate, and Virginia but ten, yet Virginia has more than ten times as much power and influence in the government as Delaware. To prove this, it was observed that Virginia would have a much greater chance to carry any measure than any number of states whose delegates were altogether ten, (suppose the states of Delaware, Connecticut, Rhode Island, and New Hampshire,) since the ten delegates from Virginia, in every thing that related to the interest of that state, would act in union, and move one solid and compact body; whereas the delegates of these four states, though collectively equal in number to those from Virginia, coming from different states having different interests, will be less likely to harmonize and move in concert. As a further proof, it was said that Virginia, as the system is now reported, by uniting with her the delegates of four other states, can carry a question against the sense and interest of the eight states by sixty-four different combinations; the four states voting with Virginia being every time so far different as not to be composed of the same four; whereas the state of Delaware can only, by uniting four other states with her, carry a measure against the sense of eight states by two different combinations — a mathematical proof that the state of Virginia has thirty-two times greater chance of carrying a measure against the sense of eight states than Delaware, although Virginia has only ten times as many delegates. It was also snown that the idea was totally fallacious, which was attempted to be maintained, that, if a state had one thirteenth part of the numbers composing the delegation in this system, such state would have as much influence as under the Articles of Confederation. To prove the fallacy of this idea, it was shown that, under the Articles of Confederation, the state of Maryland had but one vote in thirteen; yet no measure could be carried against her interests without seven states, a majority of the whole, concurring in it; whereas, in this system, though Maryland has six votes, — which is more than the proportion of one in thirteen, — yet five states may, in a variety of combinations, carry a question against her interest, though seven other states concur with her, and six states, by a much greater number of combinations, may carry a measure against Maryland, united with six other states. I shall here, sir, just observe, that, as the committee of detail reported the system, the delegates from the different states were to be one for every forty thousand inhabitants: it was afterwards altered to one for every thirty thousand. This alteration was made after I left the Convention, at the instance of whom I know not; but it is evident that the alteration is in favor of the states which have large and extensive territory, to increase their power and influence in the government, and to the injury of the smaller states; since it is the states of extensive territory who will most speedily increase the number of their inhabitants, as before has been observed, and will, therefore, most speedily procure an increase to the number of their delegates. By this alteration, Virginia, North Carolina, or Georgia, by obtaining one hundred and twenty thousand additional inhabitants, will be entitled to four additional delegates; whereas such state would only have been entitled to three, if forty thousand had remained the number by which to apportion the delegation. As to that part of this section that relates to direct taxation, there was also an objection for the following reasons: It was said that a large sum of money was to be brought into the national treasury by the duties on commerce, which would be almost wholly paid by the commercial states; it would be unequal and unjust that the sum which was necessary to be raised by direct taxation should be apportioned equally upon all the states, obliging the commercial states to pay as large a share of the revenue arising therefrom as the states from whom no revenue had been drawn by imposts; since the wealth and industry of the inhabitants of the commercial states will, in the first place, be severely taxed through their commerce, and afterwards be equally taxed with the industry and wealth of the inhabitants of the other states, who have paid no part of that revenue; so that, by this provision, the inhabitants of the commercial states are, in this system, obliged to bear an unreasonable and disproportionate share in the expenses of the Union, and the payment of that foreign and domestic debt which was incurred not more for the benefit of the commercial than of the other states. In the sixth section of the first article, it is provided, that senators and representatives may be appointed to any civil office under the authority of the United States, except such as shall have been created, or the emoluments of which have been increased, during the time for which they were elected. Upon this subject, sir, there was a great diversity of sentiment among the members of the Convention. As the propositions were reported by the committee of the whole house, a senator or representative could not be appointed to any office under a particular state, or under the United States, during the time for which they were chosen, nor to any office under the United States until one year after the expiration of that time. It was said — and in my opinion justly — that no good reason could be assigned why a senator or representative should be incapacitated to hold an office in his own government, since it can only bind him more closely to his state, and attach him the more to its interests, which, as its representative, he is bound to consult and sacredly guard, as far as is consistent with the welfare of the Union, and therefore, at most, would only add the additional motive of gratitude for discharging his duty; and, according to this idea, the clause which prevented senators or delegates from holding offices in their own states was rejected by a considerable majority. But, sir, we sacredly endeavored to preserve all that part of the resolution which prevented them from being eligible to offices under the United States, as we considered it essentially necessary to preserve the integrity, independence, and dignity of the legislature, and to secure its members from corruption. I was in the number of those who were extremely solicitous to preserve this part of the report; but there was a powerful opposition made by such who wished the members of the legislature to be eligible to offices under the United States. Three different times did they attempt to procure an alteration, and as often failed — a majority firmly adhering to the resolution as reported by the committee; however, an alteration was at length, by dint of perseverance, obtained, even within the last twelve days of the Convention, — for it happened after I left Philadelphia. As to the exception that they cannot be appointed to offices created by themselves, or the emoluments of which are by themselves increased, it is certainly of little consequence, since they may easily evade it by creating new offices, to which may be appointed the persons who fill the offices before created, and thereby vacancies will be made, which may be filled by the members who for that purpose have created the new offices. It is true, the acceptance of an office vacates their seat, nor can they be reëlected during their continuance in office; but it was said, that the evil would first take place; that the price for the office would be paid before it was obtained; that vacating the seat of the person who was appointed to office made way for the admission of a new member, who would come there as desirous to obtain an office as he whom he succeeded, and as ready to pay the price necessary to obtain it; in fine, that it would be only driving away the flies that were filled, to make room for those that were hungry. And as the system is now reported, the President having the power to nominate to all offices, it must be evident that there is no possible security for the integrity and independence of the legislature, but that they are most unduly placed under the influence of the President, and exposed to bribery and corruption. The seventh section of this article was also the subject of contest. It was thought, by many members of the Convention, that it was very wrong to confine the origination of all revenue bills to the House of Representatives, since the members of the Senate will be chosen by the people as well as the members of the House of Delegates, — if not immediately, yet mediately, — being chosen by the members of the state legislatures which members are elected by the people; and that it makes no real difference whether we do a thing in person, or by a deputy or agent appointed by us for that purpose. That no argument can be drawn from the House of Lords in the British constitution, since they are neither mediately nor immediately the representatives of the people, but are one of the three estates composing that kingdom, having hereditary rights and privileges, distinct from and independent of the people. That it may, and probably will, be a future source of dispute and controversy between the two branches, what are, or are not, revenue bills and the more so as they are not defined in the Constitution; which controversies may be difficult to settle, and may become serious in their consequences, there being no power in the Constitution to decide upon, or authorize, in cases of absolute necessity, to terminate them by a prorogation or dissolution of either of the branches — a remedy provided in the British constitution, where the king has that power, which has been found necessary at times to be exercised, in cases of violent dissensions between the Lords and Commons on the subject of money bills. That every regulation of commerce; every law relative to excises, stamps, the post-office, the imposing of taxes, and their collection; the creation of courts and offices; in fine, every law for the Union, if enforced by any pecuniary sanctions, as they would tend to bring money into the Continental treasury, might, and no doubt would, be considered a revenue act. That consequently the Senate — the members of which will, it may be presumed, be the most select in their choice, and consist of men the most enlightened and of the greatest abilities, who, from the duration of their appointment and the permanency of their body, will probably be best acquainted with the common concerns of the states, and with the means of providing for them — will be rendered almost useless as a part of the legislature; and that they will have but little to do in that capacity except patiently to wait the proceedings of the House of Representatives, and afterwards examine and approve, or propose amendments. There were also objections to that part of this section which relates to the negative of the President. There were some who thought no good reason could be assigned for giving the President a negative of any kind. Upon the principle of a check to the proceedings of the legislature, it was said to be unnecessary; that the two branches having a control over each other’s proceedings, and the Senate being chosen by the state legislatures, and being composed of members from the different states, there would always be a sufficient guard against measures being hastily or rashly adopted — that the President was not likely to have more wisdom or integrity than the senators or any of them; or to better know or consult the interest of the states, than any member of the Senate, so as to be entitled to a negative on that principle; and as to the precedent from the British constitution, (for we were eternally troubled with arguments and precedents from the British government,) it was said it would not apply. The king of Great Britain there composed one of the three estates of the kingdom; he was possessed of rights and privileges as such, distinct from the Lords and Commons — rights and privileges which descended to his heirs, and were inheritable by them; that, for the preservation of these, it was necessary he should have a negative; but that this was not the case with the President of the United States, who was no more than an officer of the government; the sovereignty was not in him, but in the legislature. And it was further urged, even if he was allowed a negative, it ought not to be of so great extent as that given by the system, since his single voice is to countervail the whole of either branch, and any number less than two thirds of the other. However, a majority of the Convention was of a different opinion, and adopted it as it now makes a part of the system. By the eighth section of this article, Congress is to have power to lay and collect taxes, duties, imposts, and excises. When we met in Convention, after our adjournment, to receive the report of the committee of detail, the members of that committee were requested to inform us what powers were meant to be vested in Congress by the word duties in this section, since the word imposts extended to duties on goods imported, and by another part of the system no duties on exports were to be laid. In answer to this inquiry, we were informed that it was meant to give the general government the power of laying stamp duties on paper, parchment, and vellum. We then proposed to have the power inserted in express words, lest disputes might hereafter arise on the subject, and that the meaning might be understood by all who were to be affected by it; but to this it was objected, because it was said that the word stamp would probably sound odiously in the ears of many of the inhabitants, and be a cause of objection. By the power of imposing stamp duties, the Congress will have a right to declare, that no wills, deeds, or other instruments of writing, shall be good and valid without being stamped; that, without being reduced to writing, and being stamped, no bargain, sale, transfer of property, or contract of any kind or nature whatsoever, shall be binding; and also that no exemplifications of records, depositions, or probates of any kind, shall be received in evidence, unless they have the same solemnity. They may likewise oblige all proceedings of a judicial nature to be stamped, to give them effect. Those stamp duties may be imposed to any amount they please; and under the pretence of securing the collections of these duties, and to prevent the laws which imposed them from being evaded, the Congress may bring the decision of all questions relating to the conveyance, disposition, and rights of property, and every question relating to contracts between man and man, into the courts of the general government — their inferior courts in the first instance, and the superior court by appeal. By the power to lay and collect imposts, they may impose duties on any or every article of commerce imported into these states, to what amount they please. By the power to lay excises, — a power very odious in its nature, since it authorizes officers to go into your houses, your kitchens, your cellars, and to examine into your private concerns, — the Congress may impose duties on every article of use or consumption, on the food that we eat, on the liquors that we drink, on the clothes that we wear, the glass which enlightens our houses, or the hearths necessary for our warmth and comfort. By the power to lay and collect taxes, they may proceed to direct taxation on every individual, either by a capitation tax on their heads, or an assessment on their property. By this part of the section, therefore, the government has power to lay what duties they please on goods imported; to lay what duties they please, afterwards, on whatever we use or consume; to impose stamp duties to what amount they please, and in whatever case they please; — afterwards, to impose on the people direct taxes, by capitation tax, or by assessment, to what amount they choose, and thus to sluice them at every vein as long as they have a drop of blood, without any control, limitation, or restraint; while all the officers for collecting these taxes, stamp duties, imposts, and excises, are to be appointed by the general government, under its directions, not accountable to the states; nor is there even a security that they shall be citizens of the respective states in which they are to exercise their offices. At the same time, the construction of every law imposing any and all these taxes and duties, and directing the collection of them, and every question arising thereon, and on the conduct of the officers appointed to execute these laws, and to collect these taxes and duties, so various in their kinds, is taken away from the courts of justice of the different states, and confined to the courts of the general government, there to be heard and determined by judges holding their offices under the appointment, not of the states, but of the general government. Many of the members, and myself in the number, thought that states were much better judges of the circumstances of their citizens, and what sum of money could be collected from them by direct taxation, and of the manner in which it could be raised with the greatest ease and convenience to their citizens, than the general government could be; and that the general government ought not to have the power of laying direct taxes in any case but in that of the delinquency of a state. Agreeably to this sentiment, I brought in a proposition on which a vote of the Convention was taken. The proposition was as follows: “And whenever the legislature of the United States shall find it necessary that revenue should be raised by direct taxation, having apportioned the same by the above rule, requisitions shall be made of the respective states to pay into the Continental treasury their respective quotas within a time in the said requisition to be specified; and in case of any of the states failing to comply with such requisition, then, and then only, to have power to devise and pass acts directing the mode and authorizing the collection of the same.” Had this proposition been acceded to, the dangerous and oppressive power in the general government of imposing direct taxes on the inhabitants, which it now enjoys in all cases, would have been only vested in it, in case of the non-compliance of a state, as a punishment for its delinquency, and would have ceased the moment that the state complied with the requisition. But the proposition was rejected by a majority, consistent with their aim and desire of increasing the power of the general government as far as possible, and destroying the powers and influence of the states. And though there is a provision that all duties, imposts, and excises, shall be uniform, — that is, to be laid to the same amount on the same articles in each state, — yet this will not prevent Congress from having it in their power to cause them to fall very unequally, and much heavier on some states than on others, because these duties may be laid on articles but little or not at all used in some states, and of absolute necessity for the use and consumption of others; in which case, the first would pay little or no part of the revenue arising therefrom, while the whole, or nearly the whole, of it would be paid by the last, to wit, the states which use and consume the articles on which the imposts and excises are laid. By our original Articles of Confederation, the Congress have power to borrow money and emit bills of credit on the credit of the United States; agreeable to which was the report on this system, as made by the committee of detail. When we came to this part of the report, a motion was made to strike out the words “to emit bills of credit.” Against the motion we urged, that it would be improper to deprive the Congress of that power; that it would be a novelty unprecedented to establish a government which should not have such authority; that it was impossible to look forward into futurity so far as to decide that events might not happen that should render the exercise of such a power absolutely necessary; and that we doubted whether, if a war should take place, it would be possible for this country to defend itself without having recourse to paper credit, in which case there would be a necessity of becoming a prey to our enemies, or violating the constitution of our government; and that, considering the administration of the government would be principally in the hands of the wealthy, there could be little reason to fear an abuse of the power by an unnecessary or injurious exercise of it. But, sir, a majority of the Convention, being wise beyond every event, and being willing to risk any political evil rather than admit the idea of a paper emission in any possible case, refused to trust this authority to a government to which they were lavishing the most unlimited powers of taxation, and to the mercy of which they were willing blindly to trust the liberty and property of the citizens of every state in the Union; and they erased that clause from the system. Among other powers given to this government in the eighth section, it has that of appointing tribunals inferior to the Supreme Court. To this power there was an opposition. It was urged that there was no occasion for inferior courts of the general government to be appointed in the different states, and that such ought not to be admitted — that the different state judiciaries in the respective states would be competent to, and sufficient for, the cognizance in the first instance of all cases that should arise under the laws of the general government, which, being by this system made the supreme law of the states, would be binding on the different state judiciaries — that, by giving an appeal to the Supreme Court of the United States, the general government would have a sufficient check over their decisions, and security for the enforcing of their laws — that to have inferior courts appointed under the authority of Congress, in the different states, would eventually absorb and swallow up the state judiciaries, by drawing all business from them to the courts of the general government, which the extensive and undefined powers, legislative and judicial, of which it is possessed, would easily enable it to do — that it would unduly and dangerously increase the weight and influence of Congress in the several states; be productive of a prodigious number of officers; and be attended with an enormous additional and unnecessary expense — that, the judiciaries of the respective states not having power to decide upon the laws of the general government, but the determination of those laws being confined to the judiciaries appointed under the authority of Congress in the first instance, as well as on appeal, there would be a necessity for judges or magistrates of the general government, and those to a considerable number, in each county of every state — that there would be a necessity for courts to be holden by them in each county, and that these courts would stand in need of all proper officers, such as sheriffs, clerks, and others, commissioned under the authority of the general government — in fine, that the administration of justice, as it will relate to the laws of the general government, would require in each state all the magistrates, courts, officers, and expense, which are now found necessary, in the respective states, for the administration of justice as it relates to the laws of the state governments. But here, again, we were overruled by a majority, who, assuming it as a principle that the general government and the state governments (as long as they should exist) would be at perpetual variance and enmity, and that their interests would constantly be opposed to each other, insisted, for that reason, that the state judges, being citizens of their respective states, and holding their commissions under them, ought not, though acting on oath, to be intrusted with the administration of the laws of the general government. By the eighth section of the first article, the Congress have also a power given them to raise and support armies, without any limitation as to numbers, and without any restriction in time of peace. Thus, sir, this plan of government, instead of guarding against a standing army, — that engine of arbitrary power, which has so often and so successfully been used for the subversion of freedom, — has, in its formation, given it an express and constitutional sanction, and hath provided for its introduction. Nor could this be prevented. I took the sense of the Convention on a proposition, by which the Congress should not have power, in time of peace, to keep imbodied more than a certain number of regular troops, that number to be ascertained by what should be considered a respectable peace establishment. This proposition was rejected by a majority, it being their determination that the power of Congress to keep up a standing army, even in peace, should only be restrained by their will and pleasure. This section proceeds, further, to give a power to the Congress to provide for the calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. As to giving such a power there was no objection; but it was thought by some that this power ought to be given with certain restrictions. It was thought that not more than a certain part of the militia of any one state ought to be obliged to march out of the same, or be employed out of the same, at any one time, without the consent of the legislature of such state. This amendment I endeavored to obtain; but it met with the same fate which attended almost every attempt to limit the powers given to the general government, and constitutionally to guard against their abuse: it was not adopted. As it now stands, the Congress will have the power, if they please, to march the whole militia of Maryland to the remotest part of the Union, and keep them in service as long as they think proper, without being in any respect dependent upon the government of Maryland for this unlimited exercise of power over its citizens — all of whom, from the lowest to the greatest, may, during such service, be subjected to military law, and tied up and whipped at the halbert, like the meanest of slaves. By the next paragraph, Congress is to have the power to provide 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. For this extraordinary provision, by which the militia — the only defence and protection which the state can have for the security of their rights against arbitrary encroachments of the general government — is taken entirely out of the power of their respective states, and placed under the power of Congress, it was speciously assigned, as a reason, that the general government would cause the militia to be better regulated and better disciplined than the state governments, and that it would be proper for the whole militia of the Union to have a uniformity in their arms and exercise. To this it was answered, that the reason, however specious, was not just — that it would be absurd that the militia of the western settlements, who were exposed to an Indian enemy, should either be confined to the same arms or exercise as the militia of the Eastern or Middle States — that the same penalties which would be sufficient to enforce an obedience to militia laws in some states, would be totally disregarded in others — that, leaving the power to the several states, they would respectively best know the situation and circumstance of their citizens, and the regulations that would be necessary and sufficient to effect a well-regulated militia in each — that we were satisfied the militia had heretofore been as well disciplined as if they had been under the regulations of Congress — and that the states would now have an additional motive to keep their militia in proper order, and fit for service, as it would be the only chance to preserve their existence against a general government, armed with powers sufficient to destroy them. These observations, sir, procured from some of the members an open avowal of those reasons by which we believed, before, that they were actuated. They said that, as the states would be opposed to the general government, and at enmity with it, — which, as I have already observed, they assumed as a principle, — if the militia was under the control and the authority of the respective states, it would enable them to thwart and oppose the general government. They said the states ought to be at the mercy of the general government, and therefore that the militia ought to be put under its power, and not suffered to remain under the power of the respective states. In answer to these declarations, it was urged that if, after having retained to the general government the great powers already granted, — and among those, that of raising and keeping up regular troops without limitation, — the power over the militia should be taken away from the states, and also given to the general government, it ought to be considered as the last coup de grace to the state governments; that it must be the most convincing proof, the advocates of this system design the destruction of the state governments, and that no professions to the contrary ought to be trusted; and that every state in the Union ought to reject such a system with indignation, since, if the general government should attempt to oppress and enslave them, they could not have any possible means of self-defence; because the proposed system, taking away from the states the right of organizing, arming, and disciplining of the militia, the first attempt made by a state to put the militia in a situation to counteract the arbitrary measures of the general government would be construed into an act of rebellion or treason, and Congress would instantly march their troops into the state. It was further observed that, when a government wishes to deprive their citizens of freedom, and reduce them to slavery, it generally makes use of a standing army for that purpose, and leaves the militia in a situation as contemptible as possible, lest they might oppose its arbitrary designs — that in this system we give the general government every provision it could wish for, and even invite it to subvert the liberties of the states and their citizens, since we give it the right to increase and keep up a standing army as numerous as it would wish, and, by placing the militia under its power, enable it to leave the militia totally unorganized, undisciplined, and even to disarm them; while the citizens, so far from complaining of this neglect, might even esteem it a favor in the general government, as thereby they would be freed from the burden of militia duties, and left to their own private occupations and pleasures. However, all arguments, and every reason which could be urged on this subject, as well as on many others, were obliged to yield to one that was unanswerable, a majority upon the division. By the ninth section of this article, the importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited prior to the year one thousand eight hundred and eight; but a duty may be imposed on such importation not exceeding ten dollars each person. The design of this clause is to prevent the general government from prohibiting the importation of slaves; but the same reasons which caused them to strike out the word “national,” and not admit the word “stamps,” influenced them here to guard against the word “slaves.” They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the expressions signified; and hence it is that the clause is so worded as really to authorize the general government to impose a duty of ten dollars on every foreigner who comes into a state to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves. This clause was the subject of a great diversity of sentiment in the Convention. As the system was reported by the committee of detail, the provision was general, that such importation should not be prohibited, without confining it to any particular period. This was rejected by eight states — Georgia, South Carolina, and, I think, North Carolina, voting for it. We were then told by the delegates of the two first of those states, that their states would never agree to a system which put it in the power of the general government to prevent the importation of slaves, and that they, as delegates from those states, must withhold their assent from such a system. A committee of one member from each state was chosen by ballot, to take this part of the system under their consideration, and to endeavor to agree upon some report which should reconcile those states. To this committee also was referred the following proposition, which had been reported by the committee of detail, viz.: “No navigation act shall be passed without the assent of two thirds of the members present in each house” — a proposition which the staple and commercial states were solicitous to retain, lest their commerce should be placed too much under the power of the Eastern States, but which these last states were as anxious to reject. This committee — of which also I had the honor to be a member — met, and took under their consideration the subjects committed to them. I found the Eastern States, notwithstanding their aversion to slavery, were very willing to indulge the Southern States at least with a temporary liberty to prosecute the slave trade, provided the Southern States would, in their turn, gratify them, by laying no restriction on navigation acts; and after a very little time, the committee, by a great majority, agreed on a report, by which the general government was to be prohibited from preventing the importation of slaves for a limited time, and the restrictive clause relative to navigation acts was to be omitted. This report was adopted by a majority of the Convention, but not without considerable opposition. It was said that we had just assumed a place among independent nations, in consequence of our opposition to the attempts of Great Britain to enslave us; that this opposition was grounded upon the preservation of those rights to which God and nature had entitled us, not in particular, but in common with the rest of all mankind — that we had appealed to the Supreme Being for his assistance, as the God of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his creatures — that now, when we scarcely had risen from our knees, from supplicating his aid and protection, in forming our government over a free people, — a government formed pretendedly on the principles of liberty, and for its preservation, — in that government to have a provision not only putting it out of its power to restrain and prevent the slave trade, but even encouraging that most infamous traffic, by giving the states power and influence in the Union in proportion as they cruelly and wantonly sport with the rights of their fellow-creatures, ought to be considered as a solemn mockery of, and insult to, that God whose protection we had then implored; and could not fail to hold us up in detestation, and render us contemptible to every true friend of liberty in the world. It was said, it ought to be considered, that national crimes can only be, and frequently are, punished in this world by national punishments; and that the continuance of the slave trade, and thus giving it a national sanction and encouragement, ought to be considered as justly exposing us to the displeasure and vengeance of Him who is equally Lord of all, and who views with equal eye the poor African slave and his American master. It was urged that, by this system, we were giving the general government full and absolute power to regulate commerce, under which general power it would have a right to restrain, or totally prohibit, the slave trade; it must therefore appear to the world absurd and disgraceful, to the last degree, that we should except from the exercise of that power the only branch of commerce which is unjustifiable in its nature, and contrary to the rights of mankind — that, on the contrary, we ought rather to prohibit expressly, in our Constitution, the further importation of slaves; and to authorize the general government, from time to time, to make such regulations as should be thought most advantageous for the gradual abolition of slavery, and the emancipation of the slaves which are already in the states — that slavery is inconsistent with the genius of republicanism, and has a tendency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates us to tyranny and oppression. It was further urged that, by this system of government, every state is to be protected both from foreign invasion and from domestic insurrections; that, from this consideration, it was of the utmost importance it should have a power to restrain the importation of slaves, since, in proportion as the number of slaves was increased in any state, in the same proportion the state is weakened and exposed to foreign invasion or domestic insurrection, and by so much less will it be able to protect itself against either; and therefore will, by so much the more, want aid from, and be a burden to, the Union. It was further said that as, in this system, we were giving the general government a power, under the idea of national character or national interest, to regulate even our weights and measures, and have prohibited all possibility of emitting paper money, and passing insolvent laws, &c., it must appear still more extraordinary, that we should prohibit the government from interfering with the slave trade, than which nothing could so materially affect both our national honor and interest. These reasons influenced me, both on the committee and in Convention, most decidedly to oppose and vote against the clause, as it now makes a part of the system. You will perceive, sir, not only that the general government is prohibited from interfering in the slave trade before the year eighteen hundred and eight, but that there is no provision in the Constitution that it shall afterwards be prohibited, nor any security that such prohibition will ever take place; and I think there is great reason to believe that, if the importation of slaves is permitted until the year eighteen hundred and eight, it will not be prohibited afterwards. At this time we do not generally hold this commerce in so great abhorrence as we have done. When our liberties were at stake, we warmly felt for the common rights of men. The danger being thought to be past which threatened ourselves, we are daily growing more insensible to those rights. In those states which have restrained or prohibited the importation of slaves, it is only done by legislative acts which may be repealed. When those states find that they must in their national character and connection, suffer in the disgrace, and share in the inconveniences, attendant upon that detestable and iniquitous traffic, they may be desirous also to share in the benefits arising from it; and the odium attending it will be greatly effaced by the sanction which is given to it in the general government. By the next paragraph, the general government is to have a power of suspending the habeas corpus act, in cases of rebellion or invasion. As the state governments have a power of suspending the habeas corpus act in those cases, it was said there could be no reason for giving such a power to the general government, since, whenever the state which is invaded, or in which an insurrection takes place, finds its safety requires it, it will make use of that power; and it was urged that, if we gave this power to the general government, it would be an engine of oppression in its hands, since, whenever a state should oppose its views, however arbitrary and unconstitutional, and refuse submission to them, the general government may declare it an act of rebellion, and, suspending the habeas corpus act, may seize upon the persons of those advocates of freedom who have had virtue and resolution enough to excite the opposition, and may imprison them during its pleasure in the remotest part of the Union, so that a citizen of Georgia might be Bastiled in the farthest part of New Hampshire, or a citizen of New Hampshire in the farthest extreme to the south, — cut off from their family, their friends, and their every connection. These considerations induced me, sir, to give my negative also to this clause. In this same section, there is a provision that no preference shall be given to the ports of one state over another, and that vessels bound to or from one state shall not be obliged to enter, clear, or pay duties, in another. This provision, as well as that which relates to the uniformity of impost duties and excises, was introduced, sir, by the delegation of this state. Without such a provision, it would have been in the power of the general government to compel all ships sailing into or out of the Chesapeake, to clear and enter at Norfolk, or some port in Virginia — a regulation which would be extremely injurious to our commerce, but which would, if considered merely as to the interest of the Union, perhaps not be thought unreasonable, since it would render the collection of the revenue arising from commerce more certain and less expensive. But, sir, as the system is now reported, the general government have a power to establish what ports they please in each state, and to ascertain at what ports in every state ships shall clear and enter in such state — a power which may be so used as to destroy the effect of that provision, since by it may be established a port in such a place as shall be so inconvenient to the states as to render it more eligible for their shipping to clear and enter in another than in their own states. Suppose, for instance, the general government should determine that all ships which cleared or entered in Maryland should clear and enter at Georgetown, on the Potomac; it would oblige all the ships which sailed from, or were bound to, any other port of Maryland, to clear or enter in some port in Virginia. To prevent such a use of the power which the general government now has of limiting the number of ports in a state, and fixing the place or places where they shall be, we endeavored to obtain a provision, that the general government should only, in the first instance, have authority to ascertain the number of ports proper to be established in each state, and transmit information thereof to the several states, the legislatures of which, respectively, should have the power to fix the places where those ports should be, according to their idea of what would be most advantageous to the commerce of their state, and most for the ease and convenience of their citizens; and that the general government should not interfere in the establishment of the places, unless the legislature of the state should neglect or refuse so to do; but we could not obtain this alteration. By the tenth section, every state is prohibited from emitting bills of credit. As it was reported by the committee of detail, the states were only prohibited from emitting them without the consent of Congress; but the Convention was so smitten with the paper-money dread, that they insisted the prohibition should be absolute. It was my opinion, sir, that the states ought not to be totally deprived of the right to emit bills of credit, and that, as we had not given an authority to the general government for that purpose, it was the more necessary to retain it in the states. I considered that this state, and some others, have formerly received great benefit from paper emissions, and that, if public and private credit should once more be restored, such emissions may hereafter be equally advantageous; and further, that it is impossible to foresee that events may not take place which shall render paper money of absolute necessity; and it was my opinion, if this power was not to be exercised by a state without the permission of the general government, it ought to be satisfactory even to those who were the most haunted by the apprehensions of paper money. I therefore thought it my duty to vote against this part of the system. The same section also puts it out of the power of the states to make any thing but gold and silver coin a tender in payment of debts, or to pass any law impairing the obligation of contracts. I considered, sir, that there might be times of such great public calamities and distress, and of such extreme scarcity of specie, as should render it the duty of a government, for the preservation of even the most valuable part of its citizens, in some measure to interfere in their favor, by passing laws totally or partially stopping courts of justice; or authorizing the debtor to pay by instalments, or by delivering up his property to his creditors at a reasonable and honest valuation. The times have been such as to render regulations of this kind necessary in most or all of the states, to prevent the wealthy creditor and the moneyed man from totally destroying the poor, though industrious debtor. Such times may again arrive. I therefore voted against depriving the states of this power — a power which I am decided they ought to possess, but which, I admit, ought only to be exercised on very important and urgent occasions. I apprehend, sir, the principal cause of complaint among the people at large is, the public and private debt with which they are oppressed, and which, in the present scarcity of cash, threatens them with destruction, unless they can obtain so much indulgence, in point of time, that, by industry and frugality, they may extricate themselves. This government proposal, I apprehend, so far from removing, will greatly increase those complaints, since, grasping in its all-powerful hand the citizens of the respective states, it will, by the imposition of the variety of taxes, imposts, stamps, excises, and other duties, squeeze from them the little money they may acquire, the hard earnings of their industry, as you would squeeze the juice from an orange, till not a drop more can be extracted; and then let loose upon them their private creditors, to whose mercy it consigns them, by whom their property is to be seized upon and sold, in this scarcity of specie, at a sheriff’s sale, where nothing but ready cash can be received, for a tenth part of its value, and themselves and their families to be consigned to indigence and distress, without their governments having a power to give them a moment’s indulgence, however necessary it might be, and however desirous to grant them aid. By this same section, every state is also prohibited from laying any imposts, or duties, on imports or exports, without the permission of the general government. It was urged that, as almost all sources of taxation were given to Congress, it would be but reasonable to leave the states the power of bringing revenue into their treasuries by laying a duty on exports, if they should think proper, which might be so light as not to injure or discourage industry, and yet might be productive of considerable revenue; also, that there might be cases in which it would be proper, for the purpose of encouraging manufactures, to lay duties to prohibit the exportation of raw materials, and, even in addition to the duties laid by Congress on imports, for the sake of revenue, to lay a duty to discourage the importation of particular articles into a state, or to enable the manufacturer here to supply us on as good terms as they could be obtained from a foreign market. However, the most we could obtain was, that this power might be exercised by the states with, and only with, the consent of Congress, and subject to its control; and so anxious were they to seize on every shilling of our money for the general government, that they insisted even the little revenue, that might thus arise, should not be appropriated to the use of the respective states where it was collected, but should be paid into the treasury of the United States; and accordingly it is so determined. The second article relates to the executive — his mode of election, his powers, and the length of time he should continue in office. On these subjects there was a great diversity of sentiment. Many of the members were desirous that the President should be elected for seven years, and not to be eligible a second time. Others proposed that he should not be absolutely ineligible, but that he should not be capable of being chosen a second time, until the expiration of a certain number of years. The supporters of the above proposition went upon the idea that the best security for liberty was a limited duration, and a rotation of office, in the chief executive department. There was a party who attempted to have the President appointed during good behavior, without any limitation as to time; and, not being able to succeed in that attempt, they then endeavored to have him reeligible without any restraint. It was objected that the choice of a President to continue in office during good behavior, would at once be rendering our system an elective monarchy; and that, if the President was to be reëligible without any interval of disqualification, it would amount nearly to the same thing, since, from the powers that the President is to enjoy, and the interests and influence with which they will be attended, he will be almost absolutely certain of being reelected from time to time, as long as he lives. As the propositions were reported by the committee of the whole house, the President was to be chosen for seven years, and not to be eligible at any time after. In the same manner, the proposition was agreed to in Convention; and so it was reported by the committee of detail, although a variety of attempts were made to alter that part of the system by those who were of a contrary opinion, in which they repealedly failed; but, sir, by never losing sight of their object, and choosing a proper time for their purpose, they succeeded, at length, in obtaining the alteration, which was not made until within the last twelve days before the Convention adjourned. As these propositions were agreed to by the committee of the whole house, the President was to be appointed by the national legislature; and, as it was reported by the committee of detail, the choice was to be made by ballot, in such a manner that the states should have an equal voice in the appointment of this officer, as they, of right, ought to have; but those who wished, as far as possible, to establish a national instead of a federal government, made repeated attempts to have the President chosen by the people at large. On this the sense of the Convention was taken, I think, not less than three times while I was there, and as often rejected; but within the last fortnight of their session, they obtained the alteration in the manner it now stands, by which the large states have a very undue influence in the appointment of the President. There is no case where the states will have an equal voice in the appointment of the President, except where two persons shall have an equal number of votes, and those a majority of the whole number of electors, — a case very unlikely to happen, — or where no person has the majority of the votes. In these instances, the House of Representatives are to choose by ballot, each state having an equal voice; but they are confined, in the last instance, to the five who have the greatest number of votes, which gives the largest states a very unequal chance of having the President chosen under their nomination. As to the Vice-President, — that great officer of government, who is, in case of the death, resignation, removal, or inability, of the President, to supply his place, and be vested with his powers, and who is officially to be president of the Senate, — there is no provision by which a majority of the voices of the electors are necessary to his appointment; but after it is decided who is chosen President, that person who has the next number of votes of the electors is declared to be legally elected to the vice-presidency; so that, by this system, it is very possible, and not improbable, that he might be appointed by the electors of a single large state; and a very undue influence in the Senate is given to that state of which the Vice-President is a citizen, since, in every question where the Senate is divided, that state will have two votes — the president having, on those occasions, a casting voice. Every part of the system which relates to the Vice-President, as well as the present mode of electing the President, was introduced and agreed upon after I left Philadelphia. Objections were made to that part of this article by which the President is appointed commander-in-chief of the army and navy of the United States, and of the militia of the several states; and it was wished to be so far restrained, that he should not command in person; but this could not be obtained. The power given to the President of granting reprieves and pardons was also thought extremely dangerous, and as such opposed. The President thereby has the power of pardoning those who are guilty of treason, as well as of other offences. It was said that no treason was so likely to take place as that in which the President himself might be engaged — the attempt to assume to himself powers not given by the Constitution, and establish himself in regal authority: in which attempt a provision is made for him to secure from punishment the creatures of his ambition, the associates and abettors of his treasonable practices, by granting them pardons, should they be defeated in their attempts to subvert the Constitution. To that part of this article, also, which gives the President a right to nominate, and with the consent of the Senate to appoint, all the officers, civil and military, of the United States, there was considerable opposition. It was said that the person who nominates will always in reality appoint, and that this was giving the President a power and influence which, together with the other powers bestowed upon him, would place him above all restraint or control. In fine, it was urged that the President, as here constituted, was a king in every thing but the name; that though he was to be chosen for a limited time, yet, at the expiration of that time, if he is not reëlected, it will depend entirely upon his own moderation whether he will resign that authority with which he has once been invested — that, from his having the appointment of all the variety of officers in every part of the civil department for the Union, who will be very numerous in themselves and their connections, relations, friends, and dependants, he will have a formidable host devoted to his interest, and ready to support his ambitious views — that the army and navy, which may be increased without restraint as to numbers; the officers of which, from the highest to the lowest, are all to be appointed by him, and dependent on his will and pleasure, and commanded by him in person, will, of course, be subservient to his wishes, and ready to execute his commands; in addition to which, the militia are also entirely subjected to his orders — that these circumstances, combined together, will enable him, when he pleases, to become a king in name, as well as in substance, and establish himself in office not only for his own life, but even, if he chooses, to have that authority perpetuated to his family. It was further observed, that the only appearance of responsibility in the President, which the system holds up to our view, is the provision for impeachment; but that, when we reflect that he cannot be impeached but by the House of Delegates, and that the members of this house are rendered dependent upon, and unduly under the influence of, the President, by being appointable to offices of which he has the sole nomination, so that, without his favor and approbation, they cannot obtain them, there is little reason to believe that a majority will ever concur in impeaching the President, let his conduct be ever so reprehensible; especially, too, as the final event of that impeachment will depend upon a different body, and the members of the House of Delegates will be certain, should the decision be ultimately in favor of the President, to become thereby the objects of his displeasure, and to bar to themselves every avenue to the emoluments of government. Should he, contrary to probability, be impeached, he is afterwards to be tried and adjudged by the Senate, and without the concurrence of two thirds of the members who shall be present, he cannot be convicted. This Senate being constituted a privy council to the President, it is probable many of its leading and influential members may have advised or concurred in the very measures for which he may be impeached. The members of the Senate also are, by the system, placed as unduly under the influence of, and dependent upon, the President, as the members of the other branch, since they also are appointable to offices, and cannot obtain them but through the favor of the President. There will be great, important, and valuable offices under this government, should it take place, more than sufficient to enable him to hold out the expectation of one of them to each of the senators. Under these circumstances, will any person conceive it to be difficult for the President always to secure to himself more than one third of that body? Or can it reasonably be believed that a criminal will be convicted, who is constitutionally empowered to bribe his judges, at the head of whom is to preside, on those occasions, the chief justice — which officer, in his original appointment, must be nominated by the President, and will, therefore, probably, be appointed, not so much for his eminence in legal knowledge, and for his integrity, as from favoritism and influence; since the President, knowing that, in case of impeachment, the chief justice is to preside at his trial, will naturally wish to fill that office with a person of whose voice and influence he shall consider himself secure. These are reasons to induce a belief that there will be but little probability of the President ever being either impeached or convicted. But it was also urged that, vested with the powers which the system gives him, and with the influence attendant upon those powers, to him it would be of little consequence whether he was impeached or convicted, since he will be able to set both at defiance. These considerations occasioned a part of the Convention to give a negative to this part of the system establishing the executive as it is now offered for our acceptance. By the third article, the judicial power of the United States is vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. These courts, and these only, will have a right to decide upon the laws of the United States, and all questions arising upon their construction, and in a judicial manner to carry those laws into execution; to which the courts, both superior and inferior, of the respective states, and their judges and other magistrates, are rendered incompetent. To the courts of the general government are also confined all cases, in law or equity, arising under the proposed Constitution and treaties made under the authority of the United States — all cases affecting ambassadors, other public ministers, and consuls — all cases of admiralty and maritime jurisdiction — all controversies to which the United States are a party — all controversies between two or more states; between citizens of the same state, claiming lands under grants of different states; and between a state, or the citizens thereof, and foreign states, citizens, or subjects. Whether, therefore, any laws or regulations of the Congress, any acts of its President or other officers, are contrary to, or not warranted by, the Constitution, rests only with the judges, who are appointed by Congress, to determine; by whose determinations every state must be bound. Should any question arise between a foreign consul and any of the citizens of the United States, however remote from the seat of empire, it is to be heard before the judiciary of the general government, and, in the first instance, to be heard in the Supreme Court, however inconvenient to the parties, and however trifling the subject of dispute. Should the mariners of an American or foreign vessel, while in any American port, have occasion to sue for their wages, or, in any other instance, a controversy belonging to the admiralty jurisdiction should take place between them and their masters or owners, it is in the courts of the general government the suit must be instituted; and either party may carry it by appeal to its Supreme Court. The injury to commerce, and the oppression to individuals, which may thence arise, need not be enlarged upon. Should a citizen of Virginia, Pennsylvania, or any other of the United States, be indebted to, or have debts due from, a citizen of this state, or any other claim be subsisting on one side or the other, in consequence of commercial or other transactions, it is only in the courts of Congress that either can apply for redress. The case is the same should any claim subsist between citizens of this state and foreigners, merchants, mariners, and others, whether of a commercial or of any other nature: they must be prosecuted in the same courts; and, though in the first instance they may be brought in the inferior, yet an appeal may be made to the supreme judiciary, even from the remotest state in the Union. The inquiry concerning, and trial of, every offence against, and breach of, the laws of Congress, are also confined to its courts. The same courts also have the sole right to inquire concerning and try every offence, from the lowest to the highest, committed by the citizens of any other state, or of a foreign nation, against the laws of this state within its territory; and in all these cases the decision may be ultimately brought before the supreme tribunal, since the appellate jurisdiction extends to criminal as well as to civil cases. And in all those cases, where the general government has jurisdiction in civil questions, the proposed Constitution not only makes no provision for the trial by jury in the first instance, but, by its appellate jurisdiction, absolutely takes away that inestimable privilege, since it expressly declares the Supreme Court shall have appellate jurisdiction both as to law and fact. Should, therefore, a jury be adopted in the inferior court, it would only be a needless expense, since, on an appeal, the determination of that jury, even on questions of fact, however honest and upright, is to be of no possible effect. The Supreme Court is to take up all questions of fact; to examine the evidence relative thereto; to decide upon them, in the same manner as if they had never been tried by a jury. Nor is trial by jury secured in criminal cases. It is true that, in the first instance, in the inferior court, the trial is to be by jury. In this, and in this only, is the difference between criminal and civil cases. But, sir, the appellate jurisdiction extends, as I have observed, to cases criminal, as well as civil, and on the appeal the court is to decide not only on the law but on the fact. If, therefore, even in criminal cases, the general government is not satisfied with the verdict of the jury, its officer may remove the prosecution to the Supreme Court; and there the verdict of the jury is to be of no effect, but the judges of this court are to decide upon the fact as well as the law, the same as in civil cases. Thus, sir, jury trials, which have ever been the boast of the English constitution, — which have been by our several state constitutions so cautiously secured to us, — jury trials, which have so long been considered the surest barrier against arbitrary power, and the palladium of liberty, with the loss of which the loss of our freedom may be dated, are taken away by the proposed form of government, not only in a great variety of questions between individual and individual, but in every case, whether civil or criminal, arising under the laws of the United States, or the execution of those laws. It is taken away in those very cases where, of all others, it is most essential for our liberty to have it sacredly guarded and preserved; in every case, whether civil or criminal, between government and its officers on the one part, and the subject or citizen on the other. Nor was this the effect of inattention, nor did it arise from any real difficulty in establishing and securing jury trials by the proposed Constitution if the Convention had wished so to do; but the same reason influenced here as in the case of the establishment of the inferior courts. As they could not trust state judges, so would they not confide in state juries. They alleged that the general government and the state governments would always be at variance — that the citizens of the different states would enter into the views and interests of their respective states, and therefore ought not to be trusted in determining causes in which the general government was any way interested, without giving the general government an opportunity, if it disapproved the verdict of the jury, to appeal, and to have the facts examined into again, and decided upon by its own judges, on whom it was thought a reliance might be had by the general government, they being appointed under its authority. Thus, sir, in consequence of this appellate jurisdiction, and its extension to facts as well as to law, every arbitrary act of the general government, and every oppression of all that variety of officers appointed under its authority for the collection of taxes, duties, impost, excise, and other purposes, must be submitted to by the individual, or must be opposed with little prospect of success, and almost a certain prospect of ruin, at least in those cases where the middle and common class of citizens are interested. Since, to avoid that oppression, or to obtain redress, the application must be made to one of the courts of the United States, — by good fortune, should this application be in the first instance attended with success, and should damages be recovered equivalent to the injury sustained, an appeal lies to the Supreme Court, in which case the citizen must at once give up his cause, or he must attend to it at the distance, perhaps, of more than a thousand miles from the place of his residence, and must take measures to procure before that court, on the appeal, all the evidence necessary to support his action, which, even if ultimately prosperous, must be attended with a loss of time, a neglect of business, and an expense, which will be greater than the original grievance, and to which men in moderate circumstances would be utterly unequal. By the third section of this article, it is declared that treason against the United States shall consist in levying war against them, or in adhering to their enemies, giving them aid or comfort. By the principles of the American revolution, arbitrary power may, and ought to, be resisted even by arms, if necessary. The time may come when it shall be the duty of a state, in order to preserve itself from the oppression of the general government, to have recourse to the sword; in which case, the proposed form of government declares, that the state, and every one of its citizens who acts under its authority, are guilty of a direct act of treason; reducing, by this provision, the different states to this alternative, — that they must tamely and passively yield to despotism, or their citizens must oppose it at the hazard of the halter, if unsuccessful; and reducing the citizens of the state which shall take arms to a situation in which they must be exposed to punishment, let them act as they will — since, if they obey the authority of their state government, they will be guilty of treason against the United States; if they join the general government, they will be guilty of treason against their own state. To save the citizens of the respective states from this disagreeable dilemma, and to secure them from being punishable as traitors to the United States, when acting expressly in obedience to the authority of their own state, I wished to have obtained, as an amendment to the third section of this article, the following clause: — “Provided, That no act or acts done by one or more of the states against the United States, or by any citizen of any one of the United States, under the authority of one or more of the said states, shall be deemed treason, or punished as such; but in case of war being levied by one or more of the states against the United States, the conduct of each party towards the other, and their adherents respectively, shall be regulated by the laws of war and of nations.” But this provision was not adopted, being too much opposed to the great object of many of the leading members of the Convention, which was, by all means to leave the states at the mercy of the general government, since they could not succeed in their immediate and entire abolition. By the third section of the fourth article no new state shall be formed or erected within the jurisdiction of any other state, without the consent of the legislature of such state. There are a number of states which are so circumstanced, with respect to themselves and to the other states, that every principle of justice and sound policy requires their dismemberment, or division into smaller states. Massachusetts is divided into two districts, totally separated from each other by the state of New Hampshire, on the north-east side of which lie the provinces of Maine and Sagadohock, more extensive in point of territory, but less populous, than old Massachusetts, which lies on the other side of New Hampshire. No person can cast his eye on the map of that state, but he must in a moment admit, that every argument drawn from convenience, interest, and justice, requires that the provinces of Maine and Sagadohock should be erected into a new state, and that they should not be compelled to remain connected with old Massachusetts, under all the inconveniences of their situation. The state of Georgia is larger in extent than the whole island of Great Britain, extending from its sea-coast to the Mississippi, a distance of eight hundred miles or more: its breadth, for the most part, about three hundred miles. The states of North Carolina and Virginia, in the same manner, reach from the sea-coast unto the Mississippi. The hardship, the inconvenience, and the injustice, of compelling the inhabitants of those states who may dwell on the western side of the mountains, and along the Ohio and Mississippi Rivers, to remain connected with the inhabitants of those states, respectively, on the Atlantic side of the mountains, and subject to the same state governments, would be such as would, in my opinion, justify even recourse to arms, to free themselves from, and to shake off, so ignominious a yoke. This representation was made in Convention; and it was further urged, that the territory of these states was too large, and that the inhabitants thereof would be too much disconnected for a republican government to extend to them its benefits, which is only suited to a small and compact territory — that a regard also for the peace and safety of the Union ought to excite a desire that those states should become, in time, divided into separate states; since, when their population should become proportioned in degree to their territory, they would, from their strength and power, become dangerous members of a federal government. It was further said that, if the general government was not, by its Constitution, to interfere, the inconvenience would soon remedy itself; for that, as the population increased in those states, their legislatures would be obliged to consent to the erection of new states, to avoid the evils of a civil war. But as, by the proposed Constitution, the general government is obliged to protect each state against domestic violence, and consequently will be obliged to assist in suppressing such commotions and insurrections as may take place from the struggle to have new states erected, the general government ought to have a power to decide upon the propriety and necessity of establishing or erecting a new state, even without the approbation of the legislature of such states within whose jurisdiction the new state should be erected; and for this purpose I submitted to the Convention the following proposition: “That, on the application of the inhabitants of any district of territory within the limits of any of the states, it shall be lawful for the legislature of the United States — if they shall, under all circumstances, think it reasonable — to erect the same into a new state, and admit it into the Union, without the consent of the state of which the said district may be a part.” And it was said, that we surely might trust the general government with this power with more propriety than with many others with which they were proposed to be intrusted; and that, as the general government was bound to suppress all insurrections and commotions which might arise on this subject, it ought to be in the power of the general government to decide upon it, and not in the power of the legislature of a single state, by obstinately and unreasonably opposing the erection of a new state, to prevent its taking effect, and thereby extremely to oppress that part of its citizens which live remote from and inconvenient to the seat of its government, and even to involve the Union in war to support its injustice and oppression. But, upon the vote being taken, Georgia, South Carolina, North Carolina, Virginia, Pennsylvania, Massachusetts, were in the negative. New Hampshire, Connecticut, Jersey, Delaware, and Maryland, were in the affirmative. New York was absent. That it was inconsistent with the rights of free and independent states to have their territory dismembered without their consent, was the principal argument used by the opponents of this proposition. The truth of the objection we readily admitted, but at the same time insisted that it was not more inconsistent with the rights of free and independent states than that inequality of suffrage and power which the larger states had extorted from the others; and that, if the smaller states yielded up their rights in that instance, they were entitled to demand from the states of extensive territory a surrender of their rights in this instance; and in a particular manner, as it was equally necessary for the true interest and happiness of the citizens of their own states, as of the Union. But, sir, although, when the large states demanded undue and improper sacrifices to be made to their pride and ambition, they treated the rights of free states with more contempt than ever a British Parliament treated the rights of her colonial establishment, yet, when a reasonable and necessary sacrifice was asked from them, they spurned the idea with ineffable disdain. They then perfectly understood the full value and the sacred obligation of state rights, and at the least attempt to infringe them, where they were concerned, they were tremblingly alive, and agonized at every pore. When we reflect how obstinately those states contended for that unjust superiority of power in the government which they have in part obtained, and for the establishment of this superiority by the Constitution; when we reflect that they appeared willing to hazard the existence of the Union rather than not to succeed in their unjust attempt; that, should their legislatures consent to the erection of new states within their jurisdiction, it would be an immediate sacrifice of that power, to obtain which they appeared disposed to sacrifice every other consideration; when we further reflect that they now have a motive for desiring to preserve their territory entire and unbroken which they never had before, — the gratification of their ambition in possessing and exercising superior power over their sister states, — and that this Constitution is to give them the means to effect this desire of which they were formerly destitute, — the whole force of the United States pledged to them for restraining intestine commotions, and preserving to them the obedience and subjection of their citizens, even in the extremest part of their territory; — I say, sir, when we consider these things, it would be too absurd and improbable to deserve a serious answer, should any person suggest that these states mean ever to give their consent to the erection of new states within their territory. Some of them, it is true, have been, for some time past, amusing their inhabitants in those districts that wish to be erected into new states; but should this Constitution be adopted armed with a sword and halter, to compel their obedience and subjection, they will no longer act with indecision; and the state of Maryland may, and probably will, be called upon to assist, with her wealth and her blood, in subduing the inhabitants of Franklin, Kentucky, Vermont, and the provinces of Maine and Sagadohock, in compelling them to continue in subjection to the states which respectively claim jurisdiction over them. Let it not be forgotten, at the same time, that a great part of the territory of these large and extensive states, which they now hold in possession, and over which they now claim and exercise jurisdiction, were crown lands, unlocated and unsettled when the American revolution took place — lands which were acquired by the common blood and treasure, and which ought to have been the common stock, and for the common benefit of the Union. Let it be remembered that the state of Maryland was so deeply sensible of the injustice that these lands should be held by particular states for their own emolument, even at a time when no superiority of authority or power was annexed to extensive territory, that, in the midst of the late war, and all the dangers which threatened us, it withheld for a long time its assent to the Articles of Confederation for that reason, and, when it ratified those Articles, it entered a solemn protest against what it considered so flagrant injustice. But, sir, the question is not now whether those states shall hold that territory unjustly to themselves, but whether, by that act of injustice, they shall have superiority of power and influence over the other states, and have a constitutional right to domineer and lord it over them — nay, more, whether we will agree to a form of government by which we pledge to those states the whole force of the Union to preserve to them their extensive territory entire and unbroken, and with our blood and wealth to assist them, whenever they please to demand it, to preserve the inhabitants thereof under their subjection, for the purpose of increasing their superiority over us — of gratifying their unjust ambition — in a word, for the purpose of giving ourselves masters, and of riveting our chains! The part of the system, which provides that no religious test shall ever be required as a qualification to any office or public trust under the United States, was adopted by a great majority of the Convention, and without much debate. However, there were some members so unfashionable as to think that a belief of the existence of a Deity, and of a state of future rewards and punishments, would be some security for the good conduct of our rulers, and that, in a Christian country, it would be at least decent to hold out some distinction between the professors of Christianity and downright infidelity or paganism. The seventh article declares, that the ratification of nine states shall be sufficient for the establishment of this Constitution, between the states ratifying the same. It was attempted to obtain a resolve that, if seven states, whose votes in the first branch should amount to a majority of the representation in that branch, concurred in the adoption of the system, it should be sufficient, and this attempt was supported on the principle, that a majority ought to govern the minority; but to this it was objected that, although it was true, after a constitution and form of government is agreed on, in every act done under and consistent with that constitution and form of government, the act of the majority, unless otherwise agreed in the constitution, should bind the minority, yet it was directly the reverse in originally forming a constitution, or dissolving it — that, in originally forming a constitution, it was necessary that every individual should agree to it, to become bound thereby, and that, when once adopted, it could not be dissolved by consent, unless with the consent of every individual who was party to the original agreement — that, in forming our original federal government, every member of that government (that is, each state) expressly consented to it — that it is a part of the compact, made and entered into in the most solemn manner, that there should be no dissolution or alteration of that federal government without the consent of every state, the members of, and parties to, the original compact — that, therefore, no alteration could be made by the consent of a part of these states, or by the consent of the inhabitants of a part of the states, which could either release the states so consenting from the obligation they are under to the other states, or which could in any manner become obligatory upon those states that should not ratify such alterations. Satisfied of the truth of these positions, and not holding ourselves at liberty to violate the compact, which this state had solemnly entered into with the others, by altering it in a different manner from that which, by the same compact, is provided and stipulated, a number of the members, and among those the delegation of this state, opposed the ratification of this system in any other manner than by the unanimous consent and agreement of all the states. By our original Articles of Confederation, any alterations proposed are, in the first place, to be approved by Congress. Accordingly, as the resolutions were originally adopted by the Convention, and as they were reported by the committee of detail, it was proposed that this system should be laid before Congress, for their approbation. But, sir, the warm advocates of this system, fearing it would not meet with the approbation of Congress, and determined, even though Congress and the respective state legislatures should disapprove the same, to force it upon them, if possible, through the intervention of the people at large, moved to strike out the words “for their approbation,” and succeeded in their motion; to which, it being directly in violation of the mode prescribed by the Articles of Confederation for the alteration of our federal government, a part of the Convention, and myself in the number, thought it a duty to give a decided negative. Agreeably to the Articles of Confederation, entered into in the most solemn manner, and for the observance of which the states pledged themselves to each other, and called upon the Supreme Being as a witness and avenger between them, no alterations are to be made in those Articles, unless, after they are approved by Congress, they are agreed to, and ratified, by the legislature of every state; but by the resolve of the Convention, this Constitution is not to be ratified by the legislature of the respective states, but is to be submitted to conventions chosen by the people, and, if ratified by them, is to be binding. This resolve was opposed, among others, by the delegation of Maryland. Your delegates were of opinion that, as the form of government proposed was, if adopted, most essentially to alter the Constitution of this state, and as our Constitution had pointed out a mode by which, and by which only, alterations were to be made therein, a convention of the people could not be called to agree to and ratify the said form of government without a direct violation of our Constitution, which it is the duty of every individual in this state to protect and support. In this opinion all your delegates who were attending were unanimous. I, sir, opposed it also upon a more extensive ground, as being directly contrary to the mode of altering our federal government, established in our original compact; and as such, being a direct violation of the mutual faith plighted by the states to each other, I gave it my negative. I was of opinion that the states, considered as states, in their political capacity, are the members of a federal government — that the states in their political capacity, or as sovereignties, are entitled, and only entitled, originally to agree upon the form of, and submit themselves to, a federal government, and afterwards, by mutual consent, to dissolve or alter it — that every thing which relates to the formation, the dissolution, or the alteration, of a federal government over states equally free, sovereign, and independent, is the peculiar province of the states in their sovereign or political capacity, in the same manner as what relates to forming alliances or treaties of peace, amity, or commerce; and that the people at large, in their individual capacity, have no more right to interfere in the one case than in the other — that according to these principles we originally acted in forming our Confederation. It was the states as states, by their representatives in Congress, that formed the Articles of Confederation; it was the states as states, by their legislatures, who ratified those Articles; and it was there established and provided that the states as states (that is, by their legislatures) should agree to any alterations that should hereafter be proposed in the federal government, before they should be binding; and any alterations agreed to in any other manner cannot release the states from the obligation they are under to each other by virtue of the original Articles of Confederation. The people of the different states never made any objection to the manner in which the Articles of Confederation were formed or ratified, or to the mode by which alterations were to be made in that government: with the rights of their respective states they wished not to interfere. Nor do I believe the people, in their individual capacity, would ever have expected or desired to have been appealed to on the present occasion, in violation of the rights of their respective states, if the favorers of the proposed Constitution, imagining they had a better chance of forcing it to be adopted by a hasty appeal to the people at large, (who could not be so good judges of the dangerous consequence,) had not insisted upon this mode. Nor do these positions in the least interfere with the principle, that all power originates from the people; because, when once the people have exercised their power in establishing and forming themselves into a state government it never devolves back to them; nor have they a right to resume or again to exercise that power, until such events take place as will amount to a dissolution of their state government. And it is an established principle, that a dissolution or alteration of a federal government doth not dissolve the state governments which compose it. It was also my opinion that, upon principles of sound policy, the agreement or disagreement to the proposed system ought to have been by the state legislatures; in which case, let the event have been what it would, there would have been but little prospect of the public peace being disturbed thereby; whereas the attempt to force down this system, although Congress and the respective state legislatures should disapprove, by appealing to the people, and to procure its establishment in a manner totally unconstitutional, has a tendency to set the state governments and their subjects at variance with each other, to lessen the obligations of government, to weaken the bands of society, to introduce anarchy and confusion, and to light the torch of discord and civil war throughout this continent. All these considerations weighed with me most forcibly against giving my assent to the mode by which it is resolved that this system is to be ratified, and were urged by me in opposition to the measure. I have now, sir, in discharge of the duty I owe to this house, given such information as hath occurred to me, which I consider most material for them to know; and you will easily perceive, from this detail, that a great portion of that time, which ought to have been devoted calmly and impartially to consider what alterations in our federal government would be most likely to procure and preserve the happiness of the Union, was employed in a violent struggle on the one side to obtain all power and dominion in their own hands, and on the other to prevent it; and that the aggrandizement of particular states, and particular individuals, appears to have been much more the subject sought after than the welfare of our country. The interest of this state, not confined merely to itself, abstracted from all others, but considered relatively, as far as was consistent with the common interest of the other states, I thought it my duty to pursue, according to the best opinion I could form of it. When I took my seat in the Convention, I found them attempting to bring forward a system which, I was sure, never had entered into the contemplation of those I had the honor to represent, and which, upon the fullest consideration, I considered not only injurious to the interest and rights of this state, but also incompatible with the political happiness and freedom of the states in general. From that time until my business compelled me to leave the Convention, I gave it every possible opposition, in every stage of its progression. I opposed the system there with the same explicit frankness with which I have here given you a history of our proceedings, an account of my own conduct, which in a particular manner I consider you as having a right to know. While there, I endeavored to act as became a freeman, and the delegate of a free state. Should my conduct obtain the approbation of those who appointed me, I will not deny it would afford me satisfaction; but to me that approbation was at most no more than a secondary consideration: my first was, to deserve it. Left to myself to act according to the best of my discretion, my conduct should have been the same, had I been even sure your censure would have been my only reward, since I hold it sacredly my duty to dash the cup of poison, if possible, from the hand of a state, or an individual, however anxious the one or the other might be to swallow it. Indulge me, sir, in a single observation further: There are persons who endeavor to hold up the idea that this system is only opposed by the officers of government. I, sir, am in that predicament. I have the honor to hold an appointment in this state. Had it been considered any objection, I presume I should not have been appointed to the Convention. If it could have had any effect on my mind, it would only be that of warming my heart with gratitude, and rendering me more anxious to promote the true interest of that state which has conferred on me the obligation, and to heighten my guilt, had I joined in sacrificing its essential rights. But, sir, it would be well to remember that this system is not calculated to diminish the number or the value of offices. On the contrary, if adopted, it will be productive of an enormous increase in their number. Many of them will also be of great honor and emoluments. Whether, sir, in this variety of appointments, and in the scramble for them, I might not have as good a prospect to advantage myself as many others, is not for me to say: but this, sir, I can say with truth, that, so far was I from being influenced in my conduct by interest, or the consideration of office, that I would cheerfully resign the appointment I now hold; I would bind myself never to accept another, either under the general government or that of my own state; I would do more, sir: — so destructive do I consider the present system to the happiness of my country, I would cheerfully sacrifice that share of property with which Heaven has blessed a life of industry; I would reduce myself to indigence and poverty; and those who are dearer to me than my own existence I would intrust to the care and protection of that Providence who hath so kindly protected myself, — if on those terms only I could procure my country to reject those chains which are forged for it. THE NOTES OF THE SECRET DEBATES OF THE FEDERAL CONVENTION OF 1787, TAKEN By the late Hon. ROBERT YATES, CHIEF JUSTICE OF THE STATE OF NEW YORK, AND ONE OF THE DELEGATES FROM THAT STATE TO THE SAID CONVENTION.[Copied from the original manuscript of Chief Justice Yates, by John Lansing, Jun., and certified to be a true copy.] Friday,May 25, 1787 Attended the Convention of the states, at the State House in Philadelphia, when the following states were represented: —
A motion by R. Morris, and seconded, that General Washington take the chair. Unanimously agreed to. When seated, he (General Washington) declared, that, as he never had been in such a situation, he felt himself embarrassed; that he hoped his errors, as they would be unintentional, would be excused. Mr. Hamilton, in behalf of the state of New York, moved that Major Jackson be appointed secretary. The delegates for Pennsylvania moved for Temple Franklin. By a majority Mr. Jackson carried it — called in and took his seat. After which, the respective credentials of the seven states were read. N. B. That of Delaware restrained its delegates from assenting to an abolition of the 5th article of the Confederation, by which it is declared that each state shall have one vote. Door-keeper and messengers being appointed, the house adjourned to Monday, the 28th day of May, at 10 o’clock Monday,May 28, 1787 Met pursuant to adjournment. A committee of three members (whose appointment I omitted in the entry of the proceedings of Friday last) reported a set of rules for the order of the Convention; which, being considered by articles, were agreed to, and additional ones proposed and referred to the same committee. The representation was this day increased to nine states — Massachusetts and Connecticut becoming represented. Adjourned to next day. Tuesday,May 29, 1787. The additional rules agreed to. His excellency, Gov. RANDOLPH, a member from Virginia, got up, and, in a long and elaborate speech, showed the defects in the system of the present federal government, as totally inadequate to the peace, safety, and security of the Confederation, and the absolute necessity of a more energetic government. He closed these remarks with a set of resolutions, fifteen in number, which he proposed to the Convention for their adoption, and as leading principles whereon to form a new government. He candidly confessed that they were not intended for a federal government — he meant a strong, consolidated union, in which the idea of states should be nearly annihilated. [See page 143 in this volume, where they are printed at large.] He then moved that they should be taken up in committee of the whole house. Mr. C. PINCKNEY, a member from South Carolina, then added, that he had reduced his ideas of a new government to a system, which he read, and confessed that it was grounded on the same principles as the above resolutions. [See page 145 of this volume.] The house then resolved that they would, the next day, form themselves into a committee of the whole, to take into consideration the state of the Union. Adjourned to next day. Wednesday,May 30, 1787. Convention met pursuant to adjournment. The Convention, pursuant to order, resolved itself into a committee of the whole. Mr. Gorham (a member from Massachusetts) appointed chairman. Mr. RANDOLPH then moved his 1st resolve, to wit: — “Resolved, That the Articles of Confederation ought to be so corrected and enlarged, as to accomplish the objects proposed by their instistution, namely, common defence, security of liberty, and general welfare.” Mr. G. MORRIS observed, that it was an unnecessary resolution, as the subsequent resolutions would not agree with it. It was then withdrawn by the proposer, and, in lien thereof, the following were proposed, to wit: — “1. 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. “2. Resolved, That no treaty or treaties among any of the states, as sovereign, will accomplish or secure their common defence, liberty, or welfare. “3. Resolved, That a national government ought to be established, consisting of a supreme judicial, legislative, and executive.” In considering the question on the 1st resolve, various modifications were proposed, when Mr. Pinckney observed, at last, that, if the Convention agreed to it, it appeared to him that their business was at an end; for, as the powers of the house in general were to revise the present Confederation, and to alter or amend it, as the case might require, to determine its insufficiency, or incapability of amendment or improvement, must end in the dissolution of the powers. This remark had its weight; and, in consequence of it, the 1st and 2d resolves were dropped, and the question agitated on the 3d. This last resolve had also its difficulties: the term supreme required explanation. It was asked whether it was intended to annihilate state governments. It was answered, only so far as the powers intended to be granted to the new government should clash with the states, when the latter were to yield. For the resolution: Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina. Against it: Connecticut. New York divided: Jersey and other states unrepresented. The next question was on the following resolve: In substance, that the mode of the present representation was unjust — the suffrage ought to be in proportion to number or property. To this Delaware objected, in consequence of the restrictions in their credentials, and moved to have the consideration thereof postponed, to which the house agreed. Adjourned to to-morrow. Thursday,May 31, 1787. Met pursuant to adjournment. This day the state of Jersey was represented, so that there were now ten states in Convention. The house went again into committee of the whole, Mr. Gorham in the chair. The 3d resolve, to wit, “That the national legislature ought to consist of two branches,” was taken into consideration, and without any debate agreed to. [N. B. As a previous resolution had already been agreed to, to have a supreme legislature, I could not see any objection to its being in two branches.] The 4th resolve, “That the members of the first branch of the national legislature ought to be elected by the people of the several states,” was opposed; and, strange to tell, by Massachusetts and Connecticut, who supposed they ought to be chosen by the legislatures; and Virginia supported the resolve, alleging that this ought to be the democratic branch of government, and, as such, immediately vested in the people. This question was carried; but the remaining part of the resolve, detailing the powers, was postponed. The 5th resolve, “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,” and the detail of the mode of election and duration of office, was postponed. The 6th resolve is taken in detail: “That each branch ought to possess the right of originating acts.” Agreed to. “That the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation.” Agreed to. “And, moreover, to legislate in all cases to which the separate states are incompetent.” Agreed to. Friday,June 1, 1787. Met pursuant to adjournment. The 7th resolve, “That a national executive be instituted.” Agreed to. “To continue in office for seven years.” Agreed to. “A general authority to execute the laws.” Agreed to. “To appoint all officers not otherwise provided for.” Agreed to. Adjourned to the next day. Saturday,June 2, 1787. Met pursuant to adjournment. Present, eleven states. Mr. PINCKNEY called for the order of the day. The Convention went into committee of the whole. Mr. WILSON moved that the states should be divided into districts, consisting of one or more states, and each district to elect a number of senators to form the second branch of the national legislature — the senators be elected, and a certain proportion to be annually dismissed — avowedly on the plan of the New York Senate. Question put — rejected. In the 7th resolve, the words “to be chosen by the national legislature” were agreed to. Pres. FRANKLIN moved, that the consideration of that part of the 7th resolve, which had in object the making provision for a compensation for the service of the executive, be postponed, for the purpose of considering a motion, “that the executive should receive no salary, stipend, or emolument, for the devotion of his time to the public services, but that his expenses should be paid.” Postponed. Mr. DICKINSON moved that, in the 7th resolution, the words, “and removable on impeachment and conviction for mal-conduct, or neglect, in the execution of his office,” should be inserted after the words “ineligible a second time.” Agreed to. The remainder postponed. Mr. BUTLER moved to fill the number of which the executive should consist. Mr. RANDOLPH. The sentiments of the people ought to be consulted. They will not hear of the semblance of monarchy. He preferred three divisions of the states, and an executive to be taken from each. If a single executive, those remote from him would be neglected; local views would be attributed to him, frequently well founded, often without reason. This would excite disaffection. He was therefore for an executive of three. Mr. BUTLER. Delays, divisions, and dissensions, arise from an executive consisting of many. Instanced Holland’s distracted state, occasioned by her many counsellors. Further consideration postponed. Mr. C. PINCKNEY gave notice for the reconsideration of the mode of election of the first branch. Adjourned till Monday next. Monday,June 4, 1787. Met pursuant to adjournment. Mr. PINCKNEY moved, that the blank in the 7th resolve, “consisting of ” be filled up with “an individual.” Mr. WILSON, in support of the motion, asserted, that it would not be obnoxious to the minds of the people, as they, in their state governments, were accustomed and reconciled to a single executive. Three executives might divide, so that two could not agree in one proposition. The consequence would be anarchy and confusion. Mr. SHERMAN thought there ought to be one executive, but that be ought to have a council. Even the king of Great Britain has his privy council. Mr. GERRY was for one executive. If otherwise, it would be absurd to have it consist of three. Numbers equal in rank would oddly apply to a general or admiral. Question put — 7 states for, and 3 against. New York against it. The 8th resolve, “That the executive and a number of the judicial officers ought to compose a council of revision.” Mr. GERRY objects to the clause — moves a postponement in order to let in a motion, “that the right of revision should be in the executive only.” Mr. WILSON contends that the executive and judicial ought to have a joint and full negative — they cannot otherwise preserve their importance against the legislature. Mr. KING was against the interference of the judicial. They may be biased in the interpretation. He is therefore to give the executive a complete negative. Carried to be postponed — 6 states against 4. New York for it. The next question, that the executive have a complete negative; and it was therefore moved to expunge the remaining part of the clause. Dr. FRANKLIN against the motion. The power dangerous, and would be abused, so as to get money for passing bills. Mr. MADISON against it, because of the difficulty of an executive venturing on the exercise of this negative, and is therefore of opinion that the revisional authority is better. Mr. BEDFORD is against the whole, either negative or revisional. The two branches are sufficient checks on each other; no danger of subverting the executive, because his powers may by the Convention be so well defined, that the legislature cannot overleap the bounds. Mr. MASON against the negative power in the executive, because it will not accord with the genius of the people. On this question was put and carried, nem. con., against expunging part of the clause, so as to establish a complete negative. Mr. BUTLER then moved that all acts passed by the legislature be suspended for the space of days by the executive. Unanimously in the negative. It was resolved and agreed, that the blank be filled up with the words “two thirds of the legislature.” Agreed to. The question was then put on the whole of the resolve as amended and filled up. Carried — 8 states for, 2 against. New York for it. Mr. WILSON then moved for the addition of a convenient number of the national judicial to the executive as a council of revision. Ordered to be taken into consideration to-morrow. Adjourned until to-morrow. Tuesday,June 5, 1787. Met pursuant to adjournment. The 9th resolve, “That a national judicial be established, to consist of one supreme tribunal, and of inferior tribunals, to hold their offices during good behavior; and no augmentation or diminution in their stipends during the time of holding their offices.” Agreed to. Mr. WILSON moved that the judicial be appointed by the executive, instead of the national legislature. Mr. MADISON opposed the motion, and inclined to think that the executive ought by no means to make the appointments, but rather that branch of the legislature called the senatorial; and moves that the words “of the appointment of the legislature” be expunged. Carried by 8 states; against it, 2. The remaining part of the resolve postponed. The 10th resolve read and agreed to. The 11th resolve agreed to be postponed. The 12th resolve agreed to without debate. The 13th and 14th resolves postponed. The 15th, or last resolve, “That the amendment which shall be offered to the Confederation 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,” was taken into consideration. Mr. MADISON endeavored to enforce the necessity of this resolve, because the new national Constitution ought to have the highest source of authority, at least paramount to the powers of the respective constitutions of the states; points out the mischiefs that have arisen in the old Confederation, which depends upon no higher authority than the confirmation of an ordinary act of a legislature; instances the law operation of treaties, when contravened by any antecedent acts of a particular state. Mr. KING supposes, that, as the people have tacitly agreed to a federal government, therefore the legislature, in every state, have a right to confirm any alterations or amendments in it: a convention in each state to approve of a new government, he supposes, however, the most eligible. Mr. WILSON is of opinion that the people, by a convention, are the only power that can ratify the proposed system of the new government. It is possible that not all the states, nay, that not even a majority, will immediately come into the measure; but such as do ratify it will be immediately bound by it, and others as they may from time to time accede to it. Question put for postponement of this resolve — 7 states for postponement, 3 against it. Question on the 9th resolve, to strike out the words “and of inferior tribunals.” Carried by 5 states against 4; 2 states divided, of which last number New York was one. Mr. WILSON then moved, “That the national legislature shall have the power to appoint inferior tribunals,” be added to the resolve. Carried by 7 states against 3. New York divided. [N. B. Mr. Lansing, from New York, was prevented by sickness from attending to-day.] Adjourned to to-morrow morning. Wednesday,June 6, 1787. Met pursuant to adjournment. Mr. PINCKNEY moved, (pursuant to a standing order for reconsideration,) that, in the 4th resolve, the words “by the people” be expunged, and the words “by the legislatures” be inserted. Mr. GERRY. If the national legislature are appointed by the state legislatures, demagogues and corrupt members will creep in. Mr. WILSON is of opinion that the national legislative powers ought to flow immediately from the people, so as to contain all their understanding, and to be an exact transcript of their minds. He observed, that the people had already parted with as much of their power as was necessary to form on its basis a perfect government; and the particular states must part with such a portion of it as to make the present national government adequate to their peace, and the security of their liberties. He admitted that the state governments would probably be rivals and opposers of the national government. Mr. MASON observed, that the national legislature, as to one branch, ought to be elected by the people; because the objects of their legislation will not be on states, but on individual persons. Mr. DICKINSON is for combining the state and national legislatures in the same views and measures; and that this object can only be effected by the national legislature flowing from the state legislatures. Mr. READ is of opinion that the state governments must, sooner or later, be at an end, and that therefore we must make the present national government as perfect as possible. Mr. MADISON is of opinion that, when we agreed to the 1st resolve, of having a national government, consisting of a supreme executive, judicial, and legislative power, it was then intended to operate to the exclusion of a federal government; and the more extensive we made the basis, the greater probability of duration, happiness, and good order. The question for the amendment was negatived by 8 states against 3. New York in the majority. On the 8th resolve, Mr. WILSON moved, (in consequence of a vote to reconsider the question on the revisional powers vested in the executive,) that there be added these words: “with a convenient number of the national judicial.” Upon debate, carried in the negative — 3 states for, and 8 against. New York for the addition. Adjourned to to-morrow morning. Thursday,June 7, 1787. Met pursuant to adjournment. Mr. RUTLEDGE moved to take into consideration the mode of electing the second branch of the national legislature. Mr. DICKINSON thereupon moved, “That the second branch of the national legislature be chosen by the legislatures of the individual states.” He observed, that this mode will more intimately connect the state governments with the national legislature — it will also draw forth the first characters either as to family or talent, and that it ought to consist of a considerable number. Mr. WILSON against the motion, because the two branches, thus constituted, cannot agree, they having different views and different sentiments. Mr. DICKINSON is of opinion that the mode by him proposed, like the British Houses of Lords and Commons, whose powers flow from different sources, are mutual checks on each other, and will thus promote the real happiness and security of the country. A government thus established would harmonize the whole, and, like the planetary system, the national council, like the sun, would illuminate the whole; the planets revolving round it in perfect order; or, like the union of several small streams, would at last form a respectable river, gently flowing to the sea. Mr. WILSON. The state governments ought to be preserved. The freedom of the people, and their internal good police, depend on their existence in full vigor: but such a government can only answer local purposes — that it is not possible a general government, as despotic as even that of Roman emperors, could be adequate to the government of the whole without this distinction. He hoped that the national government would be independent of state governments, in order to make it vigorous, and therefore moved that the resolution might be postponed, and that the Convention, in its room, adopt the following resolve: “That the second branch of the national legislature be chosen by districts, to be formed for that purpose.” Mr. SHERMAN supposes the election of the national legislature will be better vested in the state legislatures than in the people; for, by pursuing different objects, persons may be returned who have not one tenth of the votes. Mr. GERRY observed, that the great mercantile interest, and of stockholders, is not provided for in any mode of election — they will, however, be better represented if the state legislatures choose the second branch. Question carried against the postponement — 10 states against 1. Mr. MASON then spoke to the general question — observing on the propriety, that the second branch of the national legislature should flow from the legislature of each state, to prevent the encroachments on each other, and to harmonize the whole. The question put on the first motion, and carried unanimously. Adjourned to to-morrow morning. Friday,June 8, 1787. Met pursuant to adjournment — 11 states. Mr. PINCKNEY moved, “that the national legislature shall have the power of negativing all laws to be passed by the state legislatures which they may judge improper,” in the room of the clause as it stood reported. He grounds his motion on the necessity of one supreme controlling power, and he considers this as the corner-stone of the present system; and hence the necessity of retrenching the state authorities, in order to preserve the good government of the national council. Mr. WILLIAMSON against the motion. The national legislature ought to possess the power of negativing such laws only as will encroach on the national government. Mr. MADISON wished that the line of jurisprudence could be drawn — he would be for it — but, upon reflection, he finds it impossible, and therefore he is for the amendment. If the clause remains without the amendment, it is inefficient. The judges of the state must give the state laws their operation, although the law abridges the rights of the national government. How is it to be repealed? By the power who made it. How shall you compel them? By force! To prevent this disagreeable expedient, the power of negativing is absolutely necessary. This is the only attractive principle which will retain its centrifugal force, and without this the planets will fly from their orbits. Mr. GERRY supposes that this power ought to extend to all laws already made; but the preferable mode would be to designate the powers of the national legislature, to which the negative ought to apply. He has no objection to restrain the laws which may be made for issuing paper money. Upon the whole, he does not choose, on this important trust, to take a leap in the dark. Mr. PINCKNEY supposes that the proposed amendment had no retrospect to the state laws already made. The adoption of the new government must operate as a complete repeal of all the constitutions and state laws, as far as they are inconsistent with the new government. Mr. WILSON supposes the surrender of the rights of a federal government to be a surrender of sovereignty. True, we may define some of the rights, but when we come near the line, it cannot be found. One general excepting clause must therefore apply to the whole. In the beginning of our troubles, Congress themselves were as one state. Dissensions or state interests were not known. They gradually crept in after the formation of the Constitution, and each took to himself a slice. The original draft of Confederation was drawn on the first ideas; and the draft concluded on. how different! Mr. BEDFORD was against the motion, and states the proportion of the intended representation of the number 90: Delaware 1 — Pennsylvania and Virginia one third. On this computation, where is the weight of the small states, when the interest of the one is in competition with the other on trade, manufactures, and agriculture? When he sees this mode of government so strongly advocated by the members of the great states, he must suppose it a question of interest. Mr. MADISON confesses it is not without its difficulties on many accounts; some may be removed, others modified, and some are unavoidable. May not this power be vested in the senatorial branch? They will probably be always sitting. Take the question on the other ground — who is to determine the line when drawn in doubtful cases? The state legislatures cannot, for they will be partial in support of their own powers; no tribunal can be found. It is impossible that the Articles of Confederation can be amended. They are too tottering to be invigorated. Nothing but the present system, or something like it, can restore the peace and harmony of the country. The question put on Mr. Pinckney’s motion — 7 states against it; Delaware divided; Virginia, Pennsylvania, and Massachusetts, for it. Adjourned to to-morrow morning. Saturday,June 9, 1787. Met pursuant to adjournment. Motion by Mr. GERRY to reconsider the appointment of the national executive: “that the national executive be appointed by the state executives.” He supposed that in the national legislature there will be a great number of bad men of various descriptions. These will make a wrong appointment; besides, an executive thus appointed will have his partiality in favor of those who appointed him — that this will not be the case by the effect of his motion, and the executive will by this means be independent of the national legislature; but the appointment by the state executives ought to be made by votes, in proportion to their weight in the scale of representation. Mr. RANDOLPH opposes the motion. The power vested by it is dangerous; confidence will be wanting; the largest states will be masters of the election. An executive ought to have great experience, integrity, and activity. The executives of the states cannot know the persons properly qualified as possessing these. An executive thus appointed will court the officers of his appointment, and will relax him in the duties of commander of the militia. Your single executive is already invested with negativing laws of the state. Will he duly exercise the power? Is there no danger in the combinations of states to appoint such an executive as may be too favorable to local state governments? Add to this the expense and difficulty of bringing the executives to one place, to exercise their powers. Can you suppose they will ever cordially raise the great oak, when they must sit as shrubs under its shade? Carried against the motion: 10 noes, and Delaware divided. On motion of Mr. Patterson, the consideration of the 2d resolve was taken up, which is as follows: — “Resolved, therefore, that the rights of suffrage in the national legislature ought to be apportioned to the quotas of contribution, or to the number of inhabitants, as the one or other rule may seem best in different cases.” Judge BREARLY. The present question is an important one. On the principle that each state in the Union was sovereign, Congress, in the Articles of Confederation, determined that each state in the public councils had one vote. If the states still remain sovereign, the form of the present resolve is founded on principles of injustice. He then stated the comparative weight of each state — the number of votes 90. Georgia would be 1, Virginia 16, and so of the rest. This vote must defeat itself, or end in despotism. If we must have a national government, what is the remedy? Lay the map of the Confederation on the table, and extinguish the present boundary lines of the respective state jurisdictions, and make a new division, so that each state is equal; then a government on the present system will be just. Mr. PATTERSON opposed the resolve. Let us consider with what powers we are sent here; (moved to have the credentials of Massachusetts read, which was done.) By this and the other credentials, we see that the basis of our present authority is founded on a revision of the Articles of the present Confederation, and to alter or amend them in such parts where they may appear defective. Can we on this ground form a national government? I fancy not. Our commissions give a complexion to the business; and can we suppose that, when we exceed the bounds of our duty, the people will approve our proceedings? We are met here, as the deputies of thirteen independent sovereign states, for federal purposes. Can we consolidate their sovereignty, and form one nation, and annihilate the sovereignties of our states, who have sent us here for other purposes? What, pray, is intended by a proportional representation? Is property to be considered as part of it? Is a man, for example, possessing a property of £4000 to have 40 votes to one possessing only £100? This has been asserted on a former occasion. If state distinctions are still to be held up, shall I submit the welfare of the state of New Jersey, with 5 votes in the national council, opposed to Virginia, who has 16 votes? Suppose, as it was in agitation before the war, that America had been represented in the British Parliament; had sent 200 members; what would this number avail against 600? We would have been as much enslaved in that case as when unrepresented; and what is worse, without the prospect of redress. But it is said that this national government is to act on individuals, and not on states; and cannot a federal government be so framed as to operate in the same way? It surely may. I therefore declare that I will never consent to the present system, and I shall make all the interest against it in the state which I represent that I can. Myself or my state will never submit to tyranny or despotism. Upon the whole, every sovereign state, according to a confederation, must have an equal vote, or there is an end to liberty. As long, therefore, as state distinctions are held up, this rule must invariably apply; and if a consolidated national government must take place, then state distinctions must cease, or the states must be equalized. Mr. WILSON was in favor of the resolve. He observed that a majority, nay, even a minority, of the states have a right to confederate with each other, and the rest may do as they please. He considered numbers as the best criterion to determine representation. Every citizen of one state possesses the same rights with the citizen of another. Let us see how this rule will apply to the present question. Pennsylvania, from its numbers, has a right to twelve votes, when, on the same principle, New Jersey is entitled to five votes. Shall New Jersey have the same right or influence, in the councils of the nation, with Pennsylvania? I say, no. It is unjust. I never will confederate on this plan. The gentleman from New Jersey is candid in declaring his opinion. I commend him for it. I am equally so. I say again, I never will confederate on his principles. If no state will part with any of its sovereignty, it is vain to talk of a national government. The state who has five times the number of inhabitants ought, nay, must, have the same proportion of weight in the representation. If there was a probability of equalizing the states, I would be for it. But we have no such power. If, however, we depart from the principle of representation in proportion to numbers, we will lose the object of our meeting. The question postponed for further consideration. Adjourned to to-morrow morning. Monday,June 11, 1787. Met pursuant to adjournment. Present, eleven states. Mr. SHERMAN moved, “that the first branch of the national legislature be chosen in proportion to the whole number of inhabitants in each state.” He observed that, as the people ought to have the election of one of the branches of the legislature, the legislature of each state ought to have the election of the second branch, in order to preserve the state sovereignty; and that each state ought, in this branch, to have one vote. Gov. RUTLEDGE moved, as an amendment of the first proposition, “that the proportion of representation ought to be according to, and in proportion to, the contribution of each state.” Mr. BUTLER supported the motion, by observing that money is strength; and every state ought to have its weight in the national council in proportion to the quantity it possesses. He further observed that, when a boy, he read this as one of the remarks of Julius Cæsar, who declared, if he had but money, he would find soldiers, and every thing necessary to carry on the war. Mr. KING observed that it would be better first to establish a principle, (that is to say,) whether we will depart from federal grounds in forming a national government; and therefore, to bring this point to view, he moved, as a previous question, that the sense of the committee be taken on the following question: — “That the right of suffrage in the first branch of the national legislature ought not to be according to the rule in the Articles of Confederation, but according to some equitable ratio of representation.” Gov. FRANKLIN’s written remarks on this point were read by Mr. Wilson. In these Gov. Franklin observes, that representation ought to be in proportion to the importance of numbers and wealth in each state; that there can be no danger of undue influence of the greater against the lesser states. This was the apprehension of Scotland when the union with England was proposed, when, in Parliament, they were allowed only sixteen peers and forty-five commons; yet experience has proved that their liberties and influence were in no danger. The question on Mr. King’s motion was carried in the affirmative — 7 ayes, 3 noes, and Maryland divided. New York, New Jersey, and Delaware, in the negative. Mr. DICKINSON moved, as an amendment, to add the words, “according to the taxes and contributions of each state, actually collected and paid into the national treasury.” Mr. BUTLER was of opinion that the national government will only have the right of making and collecting the taxes, but that the states individually must lay their own taxes. Mr. WILSON was of opinion, and therefore moved, “that the mode of representation of each of the states ought to be from the number of its free inhabitants, and of every other description three fifths to one free inhabitant.” He supposed that the impost will not be the only revenue. The post-office, he supposes, would be another substantial source of revenue. He observed, further, that this mode had already received the approbation of eleven states in their acquiescence to the quota made by Congress. He admitted that this resolve would require further restrictions, for where numbers determined the representation, a census at different periods, of five, seven, or ten years, ought to be taken. Mr. GERRY. The idea of property ought not to be the rule of representation. Blacks are property, and are used, to the southward, as horses and cattle to the northward; and why should their representation be increased to the southward, on account of the number of slaves, than horses or oxen to the north? Mr. MADISON was of opinion, at present, to fix the standard of representation, and let the detail be the business of a sub-committee. Mr. Rutledge’s motion was postponed. Mr. Wilson’s motion was then put, and carried by 9 states against 2. New York in the majority. Mr. WILSON them moved, as an amendment to Mr. Sherman’s motion, “that the same proportion be observed in the election of the second branch as the first.” The question, however, was first put on Mr. Sherman’s motion, and lost — 6 states against it, and 5 for it. Then Mr. Wilson’s motion was put and carried — 6 ayes, 5 noes. The 11th resolve was then taken into consideration. Mr. MADISON moved to add, after the word “junctions,” the words “or separation.” Mr. READ against the resolve in toto. We must put away state governments, and we will then remove all cause of jealousy. The guaranty will confirm the assumed rights of several states to lands which do belong to the Confederation. Mr. MADISON moved an amendment, to add to or alter the resolution as follows: “The republican constitutions, and the existing laws of each state, to be guarantied by the United States.” Mr. RANDOLPH was for the present amendment, because a republican government must be the basis of our national Union; and no state in it ought to have it in their power to change its government into a monarchy. Agreed to. 13th resolve — the first part agreed to. 14th resolve taken into consideration. Mr. WILLIAMSON. This will be unnecessary, as the Union will become the law of the land. Gov. RANDOLPH. He supposes it to be absolutely necessary. Not a state government, but its officers, will infringe on the rights of the national government. If the state judges are not sworn to the observance of the new government, will they not judicially determine in favor of their state laws? We are erecting a supreme national government; ought it not to be supported, and can we give it too many sinews? Mr. GERRY rather supposes that the national legislators ought to be sworn to preserve the state constitutions, as they will run the greatest risk to be annihilated; and therefore moved it. For Mr. Gerry’s amendment, 7 ayes, 4 noes. Main question then put on the clause or resolve — 6 ayes, 5 noes. New York in the negative. Adjourned to to-morrow morning. Tuesday,June 12, 1787. Met pursuant to adjournment. Present, eleven states. The 15th or last resolve was taken into consideration. No debate arose on it, and the question was put and carried — 5 states for it, 3 against, and 2 divided. New York in the negative. Having thus gone through with the resolves, it was found necessary to take up such parts of the preceding resolves as had been postponed or not agreed to. The remaining part of the 4th resolve was taken into consideration. Mr. SHERMAN moved that the blank of the duration of the first branch of the national legislature be filled with “one year,” Mr. RUTLEDGE with “two years,” and Mr. JENIFER with “three years.” Mr. MADISON was for the last amendment; observing that it will give it stability, and induce gentlemen of the first weight to engage in it. Mr. GERRY is afraid the people will be alarmed, as savoring of despotism. Mr. MADISON. The people’s opinions cannot be known, as to the particular modifications which may be necessary in the new government. In general, they believe there is something wrong in the present system that requires amendment; and he could wish to make the republican system the basis of the change, because, if our amendments should fail of securing their happiness, they will despair it can be done in this way, and incline to monarchy. Mr. GERRY could not be governed by the prejudices of the people. Their good sense will ever have its weight. Perhaps a limited monarchy would be the best government, if we could organize it by creating a house of peers; but that cannot be done. The question was put on the three years’ amendment, and carried — 7 ayes, 4 noes. New York in the affirmative. On motion to expunge the clause of the qualification as to age, it was carried — 10 states against 1. On the question for fixed stipends, without augmentation or diminution, to this branch of the legislature, it was moved that the words “to be paid by the national treasury” be added. Carried — 8 states for, 3 against. New York in the negative. The question was then put on the clause as amended, and carried — 8 ayes, 3 noes. New York in the negative. On the clause respecting the ineligibility to any other office, it was moved that the words “by any particular state,” be expunged. 4 states for, 5 against, and 2 divided. New York in the affirmative. The question was then put on the whole clause, and carried — 10 ayes, 1 no. The last blank was filled up with one year, and carried — 8 ayes, 2 noes, 1 divided. Mr. PINCKNEY moved to expunge the clause. Agreed to, nem. con. The question to fill up the blank with three years, agreed to — 7 states for, 4 against. It was moved to fill the blank, as to the duration, with seven years. Mr PIERCE moved to have it for three years — instanced the danger of too long a continuance, from the evils arising in the British Parliaments from their septennial duration, and the clamors against it in that country by its real friends. Mr. SHERMAN was against the seven years, because, if they are bad men, it is too long, and if good, they may be again elected. Mr. MADISON was for seven years — considers this branch as a check on the democracy. It cannot therefore be made too strong. For the motion, 8 ayes 1 no, 2 states divided. New York one of the last. Mr. BUTLER moved to expunge the clause of the stipends. Lost — 7 against, 3 for, 1 divided. Agreed that the second branch of the national legislature be paid in the same way as the first branch. Upon the subject of ineligibility, it was agreed that the same rule should apply as to the first branch. 6th resolve agreed to be postponed sine die. 9th resolve taken into consideration, but postponed to to-morrow. Then adjourned to to-morrow morning. Wednesday,June 13, 1787. Met pursuant to adjournment. Present, eleven states. Gov. RANDOLPH observed the difficulty in establishing the powers of the judiciary. The object, however, at present, is to establish this principle, to wit, the security of foreigners where treaties are in their favor, and to preserve the harmony of states and that of the citizens thereof. This being once established, it will be the business of a sub-committee to detail it; and therefore moved to obliterate such parts of the resolve, so as only to establish the principle, to wit: “That the jurisdiction of the national judiciary shall extend to all cases of national revenue, impeachment of national officers, and questions which involve the national peace or harmony.” Agreed to unanimously. It was further agreed that the judiciary be paid out of the national treasury. Mr. PINCKNEY moved that the judiciary be appointed by the national legislature. Mr. MADISON is of opinion that the second branch of the legislature ought to appoint the judiciary; which the Convention agreed to. Mr. GERRY moved that the first branch shall have the only right of originating bills to supply the treasury. Mr. BUTLER against the motion. We are constantly running away with the idea of the excellence of the British Parliament, and, with or without reason, copying from them; when, in fact, there is no similitude in our situations. With us, both houses are appointed by the people, and both ought to be equally trusted. Mr. GERRY. If we dislike the British government for the oppressive measures by them carried on against us, yet he hoped we would not be so far prejudiced as to make ours in every thing opposite to theirs. Mr. Madison’s question was carried. The committee having now gone through the whole of the propositions from Virginia — “Resolved, That the committee do report to the Convention their proceedings.” This was accordingly done. [See page 175 of this volume.] The house resolved, on the report being read, that the consideration thereof be postponed to to-morrow, and that members have leave to take copies thereof. Adjourned to to-morrow morning. Thursday,June 14, 1787. Met pursuant to adjournment. Present, eleven states. Mr. PATTERSON moved that the further consideration of the report be postponed until to-morrow, as he intended to give in principles to form a federal system of government materially different from the system now under consideration. Postponement agreed to. Adjourned until to-morrow morning. Friday,June 15, 1787. Met pursuant to adjournment. Present, eleven states. Mr. PATTERSON, pursuant to his intentions, as mentioned yesterday, read a set of resolves as the basis of amendment to the Confederation. [See page 175 of this volume.] He observed, that no government could be energetic on paper only, which was no more than straw — that the remark applied to the one as well as to the other system; and is therefore of opinion that there must be a small standing force to give every government weight. Mr. MADISON moved for the report of the committee, and the question may then come on whether the Convention will postpone it in order to take into consideration the system now offered. Mr. LANSING is of opinion that the two systems are fairly contrasted. The one now offered is on the basis of amending the federal government, and the other to be reported as a national government. Considering, therefore, its importance, and that justice may be done to its weighty consideration, he is for postponing it a day. Col. HAMILTON cannot say he is in sentiment with either plan — supposes both might be again considered as federal plans, and by this means they will be fairly in committee, and be contrasted so as to make a comparative estimate of the two. Thereupon it was agreed that the report be postponed, and that the house will resolve itself into a committee of the whole, to take into consideration both propositions to-morrow. Then the Convention adjourned to to-morrow morning. Saturday,June 16, 1787. Met pursuant to adjournment. Present, eleven states. Mr. LANSING moved to have the first article of the last plan of government read; which being done, he observed that this system is fairly contrasted with the one ready to be reported — the one federal and the other national. In the first, the powers are exercised as flowing from the respective state governments, the second deriving its authority from the people of the respective states; which latter must ultimately destroy or annihilate the state governments. To determine the powers on these grand objects with which we are invested, let us recur to the credentials of the respective states, and see what the views were of those who sent us. The language is there expressive — it is upon the revision of the present Confederation — to alter and amend such parts as may appear defective, so as to give additional strength to the Union. And he would venture to assert that, had the legislature of the state of New York apprehended that their powers would have been construed to extend to the formation of a national government, to the extinguishment of their independency, no delegates would have here appeared on the part of that state. This sentiment must have had its weight on a former occasion, even in this house; for when the 2d resolution of Virginia declared, in substance, that a federal government could not be amended for the good of the whole, the remark of an honorable member of South Carolina, that, by determining this question in the affirmative, their deliberative powers were at an end, induced this house to waive the resolution. It is in vain to adopt a mode of government which we have reason to believe the people gave us no power to recommend, as they will consider themselves, on this ground, authorized to reject it. See the danger of exceeding your powers by the example which the requisition of Congress of 1783 afforded. They required an impost on all imported articles; to which, on federal grounds, they had no right unless voluntarily granted. What was the consequence? Some, who had least to give, granted it; and others, under various restrictions and modifications, so that it could not be systematized. If we form a government, let us do it on principles which are likely to meet the approbation of the states. Great changes can only be gradually introduced. The states will never sacrifice their essential rights to a national government. New plans, annihilating the rights of the states, (unless upon evident necessity,) can never be approved. I may venture to assert, that the prevalent opinion of America is, that granting additional powers to Congress would answer their views, and every power recommended for their approbation, exceeding this idea, will be fruitless. Mr. PATTERSON. As I had the honor of proposing a new system of government for the Union, it will be expected that I should explain its principles. 1st. The plan accords with our own powers. 2d. It accords with the sentiments of the people. But if the subsisting Confederation is so radically defective as not to admit of amendment, let us say so, and report its insufficiency, and wait for enlarged powers. We must, in the present case, pursue our powers, if we expect the approbation of the people. I am not here to pursue my own sentiments of government, but of those who have sent me; and I believe that a little practical virtue is to be preferred to the finest theoretical principles which cannot be carried into effect. Can we, as representatives of independent states, annihilate the essential powers of independency? Are not the votes of this Convention taken, on every question, under the idea of independency? Let us turn to the 5th article of Confederation. In this it is mutually agreed that each state should have one vote; it is a fundamental principle, arising from confederated governments. The 13th article provides for amendments; but they must be agreed to by every state: the dissent of one renders every proposal null. The Confederation is in the nature of a compact; and can any state, unless by the consent of the whole, either in politics or law, withdraw their powers? Let it be said by Pennsylvania, and the other large states, that they, for the sake of peace, assented to the Confederation; can she now resume her original right without the consent of the donee? And although it is now asserted that the larger states reluctantly agreed to that part of the Confederation which secures an equal suffrage to each, yet let it be remembered that the smaller states were the last who approved the Confederation. On this ground, representation must be drawn from the states, to maintain their independency, and not from the people composing those states. The doctrine advanced, by a learned gentleman from Pennsylvania, that all power is derived from the people, and that in proportion to their numbers they ought to participate equally in the benefits and rights of government, is right in principle, but, unfortunately for him, wrong in the application to the question now in debate. When independent societies confederate for mutual defence, they do so in their collective capacity; and then each state, for those purposes, must be considered as one of the contracting parties. Destroy this balance of equality, and you endanger the rights of the lesser societies by the danger of usurpation in the greater. Let us test the government intended to be made by the Virginia plan on these principles. The representatives in the national legislature are to be in proportion to the number of inhabitants in each state. So far, it is right upon these principles of equality, when state distinctions are done away; but those to certain purposes still exist. Will the government of Pennsylvania admit a participation of their common stock of land to the citizens of New Jersey? I fancy not. It therefore follows, that a national government, upon the present plan, is unjust, and destructive of the common principles of reciprocity. Much has been said that this government is to operate on persons, not on states. This, upon examination, will be found equally fallacious; for the fact is, it will, in the quotas of revenue, be proportioned among the states, as states; and in this business Georgia will have one vote, and Virginia sixteen. The truth is, both plans may be considered to compel individuals to a compliance with their requisitions, although the requisition is made on the states. Much has been said in commendation of two branches in a legislature, and of the advantages resulting from their being checks to each other. This may be true when applied to the state governments, but will not equally apply to a national legislature, whose legislative objects are few and simple. Whatever may be said of Congress, or their conduct on particular occasions, the people in general are pleased with such a body, and in general wish an increase of their powers, for the good government of the Union. Let us now see the plan of the national government on the score of expense. The least the second branch of the legislature can consist of is 90 members; the first branch of at least 270. How are they to be paid, in our present impoverished situation? Let us, therefore, fairly try whether the Confederation cannot be mended; and if it can, we shall do our duty, and I believe the people will be satisfied. Mr. WILSON first stated the difference between the two plans. Virginia plan proposes two branches in the legislature. Jersey, a single legislative body. Virginia, the legislative powers derived from the people. Jersey, from the states. Virginia, a single executive. Jersey, more than one. Virginia, a majority of the legislature can act. Jersey, a small majority can control. Virginia, the legislature can legislate on all national concerns. Jersey, only on limited objects. Virginia, legislature to negative all state laws. Jersey, giving power to the executive to compel obedience by force. Virginia, to remove the executive by impeachment. Jersey, on application of a majority of the states. Virginia, for the establishment of inferior judiciary tribunals. Jersey, no provision. It is said, and insisted on, that the Jersey plan accords with our powers. As for himself, he considers his powers to extend to every thing or nothing; and, therefore, that he has a right and is at liberty to agree to either plan or none. The people expect relief from their present embarrassed situation, and look up for it to this national Convention, and it follows that they expect a national government; and therefore the plan from Virginia has the preference to the other. I would (says he) with a reluctant hand add any powers to Congress, because they are not a body chosen by the people, and consist only of one branch, and each state in it has one vote. Inequality in representation poisons every government. The English courts are hitherto pure, just, and incorrupt, while their legislature are base and venal. The one arises from unjust representation, the other from their independency of the legislature. Lord Chesterfield remarks, that one of the states of the United Netherlands withheld its assent to a proposition until a major of their state was provided for. He needed not have added (for the conclusion was self-evident) that it was one of the lesser states. I mean no reflection, but I leave it to gentlemen to consider whether this has not also been the case in Congress. The argument in favor of the Jersey plan goes too far, as it cannot be completed unless. Rhode Island assents. A single legislature is very dangerous: despotism may present itself in various shapes. May there not be legislative despotism, if, in the exercise of their power, they are unchecked or unrestrained by another branch? On the contrary, an executive, to be restrained, must be an individual. The first triumvirate of Rome, combined, without law, was fatal to its liberties; and the second, by the usurpation of Augustus, ended in despotism. The two kings of Sparta, and the consuls of Rome, by sharing the executive, distracted their governments. Mr. C. C. PINCKNEY supposes that, if New Jersey was indulged with one vote out of thirteen, she would have no objection to a national government. He supposes that the Convention have already determined, virtually, that the federal government cannot be made efficient. A national government being therefore the object, this plan must be pursued, as our business is not to conclude, but to recommend. Judge ELLSWORTH is of opinion that the first question on the new plan will decide nothing materially on principle, and therefore moved the postponement thereof, in order to bring on the second. Gov. RANDOLPH. The question now is, which of the two plans is to be preferred. If the vote on the first resolve will determine it, and it is so generally understood, he has no objection that it be put. The resolutions from Virginia must have been adopted on the supposition that a federal government was impracticable. And it is said that power is wanting to institute such a government; but when our all is at stake, I will consent to any mode that will preserve us. View our present deplorable situation. France, to whom we are indebted in every motive of gratitude and honor, is left unpaid the large sums she has supplied us with in the day of our necessity. Our officers and soldiers, who have successfully fought our battles, and the loaners of money to the public, look up to you for relief. The bravery of our troops is degraded by the weakness of our government. It has been contended that the 5th article of the Confederation cannot be repealed under the powers to new-modify the Confederation by the 13th article. This surely is false reasoning; since the whole of the Confederation, upon revision, is subject to amendment and alteration; besides, our business consists in recommending a system of government, not in making it. There are great reasons when persons with limited powers are justified in exceeding them, and a person would be contemptible not to risk it. Originally, our Confederation was founded on the weakness of each state to repel a foreign enemy; and we have found that the powers granted to Congress are insufficient. The body of Congress is ineffectual to carry the great objects of safety and protection into execution. What would their powers be over the commander of the military, but for the virtue of the commander? As the state assemblies are constantly encroaching on the powers of Congress, the Jersey plan would rather encourage such encroachment than be a check to it; and, from the nature of the institution, Congress would ever be governed by cabal and intrigue. They are, besides, too numerous for an executive; nor can any additional powers be sufficient to enable them to protect us against foreign invasion. Amongst other things, Congress was intended to be a body to preserve peace among the states; and, in the rebellion of Massachusetts, it was found they were not authorized to use the troops of the Confederation to quell it. Every one is impressed with the idea of a general regulation of trade and commerce. Can Congress do this, when, from the nature of their institution, they are so subject to cabal and intrigue? And would it not be dangerous to intrust such a body with the power, when they are dreaded on these grounds? I am certain that a national government must be established, and this is the only moment when it can be done; and let me conclude by observing, that the best exercise of power is to exert it for the public good. Then adjourned to Monday morning. Monday,June 18, 1787. Met pursuant to adjournment. Present, eleven states. Mr. HAMILTON. To deliver my sentiments on so important a subject, when the first characters of the Union have gone before me, inspires me with the greatest diffidence, especially when my own ideas are so materially dissimilar to the plans now before the committee. My situation is disagreeable; but it would be criminal not to come forward on a question of such magnitude. I have well considered the subject, and am convinced that no amendment of the Confederation can answer the purpose of a good government, so long as the state sovereignties do, in any shape, exist; and I have great doubts whether a national government on the Virginia plan can be made effectual. What is federal? An association of several independent states into one. How or in what manner this association is formed, is not so clearly distinguishable. We find the diet of Germany has, in some instances, the power of legislation on individuals. We find the United States of America have it in an extensive degree in the case of piracies. Let us now review the powers with which we are invested. We are appointed for the sole and express purpose of revising the Confederation, and to alter or amend it, so as to render it effectual for the purposes of a good government. Those who suppose it to be federal, lay great stress on the terms sole and express, as if these words intended a confinement to a federal government; when the manifest import is no more than that the institution of a good government must be the sole and express object of your deliberations. Nor can we suppose an annihilation of our powers by forming a national government, as many of the states have made, in their constitutions, no provision for any alteration; and thus much I can say for the state I have the honor to represent, that, when our credentials were under consideration in the Senate, some members were for inserting a restriction in the powers, to prevent an encroachment on the constitution: it was answered by others, and thereupon the resolve carried on the credentials, that it might abridge the constitutional powers of the state, and that possibly, in the formation of a new union, it would be found necessary. This appears reasonable, and therefore leaves us at liberty to form such a national government as we think best adapted for the good of the whole. I have therefore no difficulty as to the extent of our powers, nor do I feel myself restrained in the exercise of my judgment under them. We can only propose and recommend; — the power of ratifying or rejecting is still in the states. But on this great question I am still greatly embarrassed. I have before observed my apprehension of the inefficacy of either plan, and I have great doubts whether a more energetic government can pervade this wide and extensive country. I shall now show that both plans are materially defective. 1. A good government ought to be constant, and ought to contain an active principle. 2. Utility and necessity. 3. An habitual sense of obligation. 4. Force. 5. Influence. I hold it that different societies have all different views and interests to pursue, and always prefer local to general concerns. For example: the New York legislature made an external compliance lately to a requisition of Congress; but do they not, at the same time, counteract their compliance by gratifying the local objects of the state, so as to defeat their concession? And this will ever be the case. Men always love power, and states will prefer their particular concerns to the general welfare; and as the states become large and important, will they not be less attentive to the general government? What, in process of time, will Virginia be? She contains now half a million of inhabitants: in twenty-five years she will double the number. Feeling her own weight and importance, must she not become indifferent to the concerns of the Union? And where, in such a situation, will be found national attachment to the general government? By force I mean the coercion of law and the coercion of arms. Will this remark apply to the power intended to be vested in the government to be instituted by their plan? A delinquent must be compelled to obedience by force of arms. How is this to be done? If you are unsuccessful, a dissolution of your government must be the consequence; and in that case the individual legislatures will reassume their powers; nay, will not the interests of the states be thrown into the state governments? By influence, I mean the regular weight and support it will receive from those who find it their interest to support a government intended to preserve the peace and happiness of the community on the whole. The state governments, by either plan, will exert the means to counteract it. They have their state judges and militia all combined to support their state interests; and these will be influenced to oppose a national government. Either plan is therefore precarious. The national government cannot long exist when opposed by such a weighty rival. The experience of ancient and modern confederacies evinces this point, and throws considerable light on the subject. The Amphictyonic council of Greece had a right to require of its members troops, money, and the force of the country. Were they obeyed in the exercise of those powers? Could they preserve the peace of the greater states and republics? or where were they obeyed? History shows that their decrees were disregarded, and that the stronger states, regardless of their power, gave law to the lesser. Let us examine the federal institution of Germany. It was instituted upon the laudable principle of securing the independency of the several states of which it was composed, and to protect them against foreign invasion. Has it answered these good intentions? Do we not see that their councils are weak and distracted, and that it cannot prevent the wars and confusions which the respective electors carry on against each other? The Swiss cantons, or the Helvetic union, are equally inefficient. Such are the lessons which the experience of others affords us, and from whence results the evident conclusion that all federal governments are weak and distracted. To avoid the evils deducible from these observations, we must establish a general and national government, completely sovereign, and annihilate the state distinctions and state operations; and unless we do this, no good purpose can be answered. What does the Jersey plan propose? It surely has not this for its object. By this we grant the regulation of trade and a more effectual collection of the revenue, and some partial duties. These, at five or ten per cent., would only perhaps amount to a fund to discharge the debt of the corporation. Let us take a review of the variety of important objects which must necessarily engage the attention of a national government. You have to protect your rights against Canada on the north, Spain on the south, and your western frontier against the savages. You have to adopt necessary plans for the settlement of your frontiers, and to institute the mode in which settlements and good governments are to be made. How is the expense of supporting and regulating these important matters to be defrayed? By requisition on the states, according to the Jersey plan? Will this do it? We have already found it ineffectual. Let one state prove delinquent, and it will encourage others to follow the example; and thus the whole will fail. And what is the standard to quota among the states their respective proportions? Can lands be the standard? How would that apply between Russia and Holland? Compare Pennsylvania with North Carolina, or Connecticut with New York. Does not commerce or industry in the one or other make a great disparity between these different countries, and may not the comparative value of the states, from these circumstances, make an unequal disproportion when the data are numbers? I therefore conclude that either system would ultimately destroy the Confederation, or any other government which is established on such fallacious principles. Perhaps imposts — taxes on specific articles — would produce a more equal system of drawing a revenue. Another objection against the Jersey plan is, the unequal representation. Can the great states consent to this? If they did, it would eventually work its own destruction. How are forces to be raised by the Jersey plan? By quotas? Will the states comply with the requisition? As much as they will with the taxes. Examine the present Confederation, and it is evident they can raise no troops, nor equip vessels, before war is actually declared. They cannot, therefore, take any preparatory measure before an enemy is at your door. How unwise and inadequate their powers! and this must ever be the case when you attempt to define powers: something will always be wanting. Congress, by being annually elected, and subject to recall, will ever come with the prejudices of their states, rather than the good of the Union. Add, therefore, additional powers to a body thus organized, and you establish a sovereignty of the worst kind, consisting of a single body. Where are the checks? None. They must either prevail over the state governments, or the prevalence of the state governments must end in their dissolution. This is a conclusive objection to the Jersey plan. Such are the insuperable objections to both plans: and what is to be done on this occasion? I confess I am at a loss. I foresee the difficulty, on a consolidated plan, of drawing a representation from so extensive a continent to one place. What can be the inducements for gentlemen to come six hundred miles to a national legislature! The expense would at least amount to a hundred thousand pounds. This, however, can be no conclusive objection, if it eventuates in an extinction of state governments. The burden of the latter would be saved, and the expense, then, would not be great. State distinctions would be found unnecessary; and yet, I confess, to carry government to the extremities, the state governments, reduced to corporations, and with very limited powers, might be necessary, and the expense of the national government become less burdensome. Yet, I confess, I see great difficulty of drawing forth a good representation. What, for example, will be the inducements for gentlemen of fortune and abilities to leave their houses and business to attend annually and long? It cannot be the wages; for these, I presume, must be small. Will not the power, therefore, be thrown into the hands of the demagogue, or middling politician — who, for the sake of a small stipend, and the hopes of advancement, will offer himself as a candidate, and the real men of weight and influence, by remaining at home, add strength to the state governments? I am at a loss to know what must be done. I despair that a republican form of government can remove the difficulties. Whatever may be my opinion, I would hold it, however, unwise to change that form of government. I believe the British government forms the best model the world ever produced; and such has been its progress in the minds of the many, that the truth gradually gains ground. This government has for its object public strength and individual security. It is said with us to be unattainable. If it was once formed, it would maintain itself. All communities divide themselves into the few and the many. The first are the rich and well born, the other the mass of the people. The voice of the people has been said to be the voice of God; and, however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; they seldom judge or determine right. Give, therefore, to the first class a distinct, permanent share in the government. They will check the unsteadiness of the second; and, as they cannot receive any advantage by a change, they therefore will ever maintain good government. Can a democratic assembly, who annually revolve in the mass of the people, be supposed steadily to pursue the public good? Nothing but a permanent body can check the imprudence of democracy. Their turbulent and uncontrollable disposition requires checks. The Senate of New York, although chosen for four years, we have found to be inefficient. Will, on the Virginia plan, a continuance of seven years do it? It is admitted that you cannot have a good executive upon a democratic plan. See the excellency of the British executive. He is placed above temptation — he can have no distinct interests from the public welfare. Nothing short of such an executive can be efficient. The weak side of a republican government is the danger of foreign influence. This is unavoidable, unless it is so constructed as to bring forward its first characters in its support. I am therefore for a general government, yet would wish to go the full length of republican principles. Let one body of the legislature be constituted during good behavior or life. Let one executive be appointed, who dares execute his powers. It may be asked, Is this a republican system? It is strictly so, as long as they remain elective. And let me observe, that an executive is less dangerous to the liberties of the people when in office during life, than for seven years. It may be said this constitutes an elective monarchy. Pray what is a monarchy? May not the governors of the respective states be considered in that light? But by making the executive subject to impeachment, the term monarchy cannot apply. These elective monarchs have produced tumults in Rome, and are equally dangerous to peace in Poland; but this cannot apply to the mode in which I propose the election. Let electors be appointed in each of the states to elect the legislature, [Here Mr. H. produced his plan. See p. 179,] to consist of two branches; and I would give them the unlimited power of passing all laws without exception. The Assembly to be elected for three years, by the people, in districts; the Senate to be elected by electors to be chosen for that purpose by the people, and to remain in office during life. The executive to have the power of negativing all laws; to make war or peace, with the advice of the Senate; to make treaties with their advice, but to have the sole direction of all military operations; and to send ambassadors, and appoint all military officers, and to pardon all offenders, treason excepted, unless by advice of the Senate. On his death or removal, the president of the Senate to officiate, with the same powers, until another is elected. Supreme judicial officers to be appointed by the executive and the Senate. The legislature to appoint courts in each state, so as to make the state governments unnecessary to it. All state laws to be absolutely void which contravene the general laws. An officer to be appointed in each state to have a negative on all state laws. All the militia, and the appointment of officers, to be under the national government. I confess that this plan, and that from Virginia, are very remote from the idea of the people. Perhaps the Jersey plan is nearest their expectation. But the people are gradually ripening in their opinions of government — they begin to be tired of an excess of democracy — and what even is the Virginia plan, but pork still, with a little change of the sauce? Then adjourned to to-morrow. Tuesday,June 19, 1787. Met pursuant to adjournment. Present, eleven states. On the consideration of the 1st resolve of the Jersey plan. Mr. MADISON. This is an important question. Many persons scruple the powers of the Convention. If this remark had any weight, it is equally applicable to the adoption of either plan. The difference of drawing the powers in the one from the people, and in the other from the states, does not affect the powers. There are two states in the Union where the members of Congress are chosen by the people. A new government must be made. Our all is depending on it; and if we have but a clause that the people will adopt, there is then a chance for our preservation. Although all the states have assented to the Confederation, an infraction of any one article by one of the states is a dissolution of the whole. This is the doctrine of the civil law on treaties. Jersey pointedly refused complying with a requisition of Congress, and was guilty of this infraction, although she afterwards rescinded her non-complying resolve. What is the object of a confederation? It is twofold — 1st, to maintain the union; 2dly, good government. Will the Jersey plan secure these points? No; it is still in the power of the confederated states to violate treaties. Has not Georgia, in direct violation of the Confederation, made war with the Indians, and concluded treaties? Have not Virginia and Maryland entered into a partial compact? Have not Pennsylvania and Jersey regulated the bounds of the Delaware? Has not the state of Massachusetts, at this time, a considerable body of troops in pay? Has not Congress been obliged to pass a conciliatory act in support of a decision of their federal court, between Connecticut and Pennsylvania, instead of having the power of carrying into effect the judgment of their own court? Nor does the Jersey plan provide for a ratification, by the respective states, of the powers intended to be vested. It is also defective in the establishment of the judiciary, granting only an appellate jurisdiction, without providing for a second trial; and in case the executive of a state should pardon an offender, how will it affect the definite judgment on appeal? It is evident, if we do not radically depart from a federal plan, we shall share the fate of ancient and modern confederacies. The Amphictyonic council, like the American Congress, had the power of judging, in the last resort, in war and peace — to call out forces — send ambassadors. What was its fate or continuance? Philip of Macedon, with little difficulty, destroyed every appearance of it. The Athenian had nearly the same fate. The Helvetic confederacy is rather a league. In the German confederacy, the parts are too strong for the whole. The Dutch are in a most wretched situation — weak in all its parts, and only supported by surrounding contending powers. The rights of individuals are infringed by many of the state laws — such as issuing paper money, and instituting a mode to discharge debts differing from the form of the contract. Has the Jersey plan any checks to prevent the mischief? Does it in any instance secure internal tranquillity? Right and force, in a system like this, are synonymous terms. When force is employed to support the system, and men obtain military habits, is there no danger they may turn their arms against their employers? Will the Jersey plan prevent foreign influence? Did not Persia and Macedon distract the councils of Greece by acts of corruption? And are not Jersey and Holland at this day subject to the same distractions? Will not the plan be burdensome to the smaller states, if they have an equal representation? But how is military coercion to enforce government? True, a smaller state may be brought to obedience, or crushed; but what if one of the larger states should prove disobedient, — are you sure you can by force effect a submission? Suppose we cannot agree on any plan; what will be the condition of the smaller states? Will Delaware and Jersey be safe against Pennsylvania, or Rhode Island against Massachusetts? And how will the smaller states be situated in case of partial confederacies? Will they not be obliged to make larger concessions to the greater states? The point of representation is the great point of difference, and which the greater states cannot give up; and although there was an equalization of states, state distinctions would still exist. But this is totally impracticable; and what would be the effect of the Jersey plan if ten or twelve new states were added? Mr. KING moved that the committee rise, and report that the Jersey plan is not admissible, and report the first plan. Mr. DICKINSON supposed that there were good regulations in both. Let us therefore contrast the one with the other, and consolidate such parts of them as the committee approve. Mr. KING’S motion was then put — for it, 7 states; 3 against; 1 divided. New York in the minority. The committee rose and reported again the first plan, and the inadmissibility of the Jersey plan. The Convention then proceeded to take the first plan into consideration. The first resolve was read. Mr. WILSON. I am (to borrow a sea phrase) for taking a new departure, and wish to consider in what direction we sail, and what may be the end of our voyage. I am for a national government, though the idea of federal is, in my view, the same. With me it is not a desirable object to annihilate the state governments, and here I differ from the honorable gentleman from New York. In all extensive empires a subdivision of power is necessary. Persia, Turkey, and Rome under its emperors, are examples in point. These, although despots, found it necessary. A general government, over a great extent of territory, must in a few years make subordinate jurisdictions. Alfred the Great, that wise legislator, made this gradation, and the last division, on his plan, amounted only to ten territories. With this explanation, I shall be for the 1st resolve. Mr. HAMILTON. I agree to the proposition. I did not intend yesterday a total extinguishment of state governments; but my meaning was, that a national government ought to be able to support itself without the aid or interference of the state governments, and that therefore it was necessary to have full sovereignty. Even with corporate rights, the states will be dangerous to the national government, and ought to be extinguished, new modified, or reduced to a smaller scale. Mr. KING. None of the states are now sovereign or independent. Many of these essential rights are vested in Congress. Congress, by the Confederation, possesses the rights of the United States. This is a union of the men of those states. None of the states, individually or collectively, but in Congress, have the rights of peace or war. The magistracy in Congress possesses the sovereignty. To certain points we are now a united people. Consolidation is already established. The Confederation contains an article to make alterations. Congress have the right to propose such alterations. The 8th article, respecting the quotas of states, has been altered, and eleven states have agreed to it. Can it not be altered in other instances? It can, excepting the guaranty of the states. Mr. MARTIN. When the states threw off their allegiance to Great Britain, they became independent of her and each other. They united and confederated for mutual defence, and this was done on principles of perfect reciprocity. They will now again meet on the same ground. But when a dissolution takes place, our original rights and sovereignties are resumed. Our accession to the Union has been by states. If any other principle is adopted by this Convention, he will give it every opposition. Mr. WILSON. The Declaration of Independence preceded the state constitutions. What does this declare? In the name of the people of these states, we are declared to be free and independent. The power of war, peace, alliances, and trade, are declared to be vested in Congress. Mr. HAMILTON. I agree to Mr. Wilson’s remark. Establish a weak government, and you must at times overleap the bounds. Rome was obliged to create dictators. Cannot you make propositions to the people, because we before confederated on other principles? The people can yield to them, if they will. The three great objects of government, agriculture, commerce, and revenue, can only be secured by a general government. Adjourned to to-morrow morning. Wednesday,June 20, 1787. Met pursuant to adjournment. Present, eleven states. Judge ELLSWORTH. I propose, and therefore move, to expunge the word “national,” in the 1st resolve, and to place, in the room of it, “government of the United States;” which was agreed to, nem. con. Mr. LANSING then moved that the 1st resolve be postponed, in order to take into consideration the following: “that the powers of legislation ought to be vested in the United States in Congress.” I am clearly of opinion that I am not authorized to accede to a system which will annihilate the state governments, and the Virginia plan is declarative of such extinction. It has been asserted that the public mind is not known. To some points it may be true; but we may collect from the fate of the requisition of the impost, what it may be on the principles of a national government. When many of the states were so tenacious of their rights on this point, can we expect that thirteen states will surrender their governments up to a national plan? Rhode Island pointedly refused granting it. Certainly she had a federal right to do so; and I hold it as an undoubted truth, as long as state distinctions remain, let the national government be modified as you please, both branches of your legislature will be impressed with local and state attachments. The Virginia plan proposes a negative on the state laws where, in the opinion of the national legislature, they contravene the national government; and no laws can pass unless approved by them. They will have more than a law in a day to revise; and are they competent to judge of the wants and necessities of remote states? This national government will, from their power, have great influence in the state governments; and the existence of the latter are only saved in appearance. And has it not been asserted that they expect their extinction? If this be the object, let us say so, and extinguish them at once. But remember, if we devise a system of government which will not meet the approbation of our constituents, we are dissolving the Union; but if we act within the limits of our power, it will be approved of; and should it, upon experiment, prove defective, the people will intrust a future convention again to amend it. Fond as many are of a general government, do any of you believe that it can pervade the whole continent so effectually as to secure the peace, harmony, and happiness, of the whole? The excellence of the British model of government has been much insisted on; but we are endeavoring to complicate it with state governments, on principles which will gradually destroy the one or the other. You are sowing the seeds of rivalship, which must at last end in ruin. Mr. MASON. The material difference between the two plans has already been clearly pointed out. The objection to that of Virginia arises from the want of power to institute it, and the want of practicability to carry it into effect. Will the first objection apply to a power merely recommendatory? In certain seasons of public danger, it is commendable to exceed power. The treaty of peace, under which we now enjoy the blessings of freedom, was made by persons who exceeded their powers. It met the approbation of the public, and thus deserved the praises of those who sent them. The impracticability of the plan is still more groundless. These measures are supported by one who, at his time of life, has little to hope or expect from any government. Let me ask, Will the people intrust their dearest rights and liberties to the determination of one body of men, and those not chosen by them, and who are invested both with the sword and purse? They never will — they never can — to a conclave, transacting their business secret from the eye of the public. Do we not discover by their public journals of the years 1778-9 and 1780, that factions and party spirit had guided many of their acts? The people of America, like all other people, are unsettled in their minds, and their principles fixed to no object, except that a republican government is the best, and that the legislature ought to consist of two branches. The constitutions of the respective states, made and approved of by them, evince this principle. Congress, however, from other causes, received a different organization. What! would you use military force to compel the observance of a social compact? It is destructive to the rights of the people. Do you expect the militia will do it? or do you mean a standing army? The first will never, on such an occasion, exert any power; and the latter may turn its arms against the government which employs them. I never will consent to destroy state governments, and will ever be as careful to preserve the one as the other. If we should, in the formation of the latter, have omitted some necessary regulation, I will trust my posterity to amend it. That the one government will be productive of disputes and jealousies against the other, I believe; but it will produce mutual safety. I shall close with observing that, though some have expressed much warmth on this and former occasions, I can excuse it, as the result of sudden passion; and hope that, although we may differ in some particular points, if we mean the good of the whole, that our good sense, upon reflection, will prevent us from spreading our discontent farther. Mr. MARTIN. I know the government must be supported; and if the one was incompatible with the other, I would support the state government at the expense of the Union; for I consider the present system as a system of slavery. Impressed with this idea, I made use, on a former occasion, of expressions perhaps rather harsh. If gentlemen conceive that the legislative branch is dangerous, divide them into two. They are as much the representatives of the states as the state assemblies are the representatives of the people. Are not the powers which we here exercise given by the legislatures? [After giving a detail of the revolution and of state governments, Mr. M. continued:] I confess, when the Confederation was made, Congress ought to have been invested with more extensive powers; but when the states saw that Congress indirectly aimed at sovereignty, they were jealous, and therefore refused any further concessions. The time is now come that we can constitutionally grant them not only new powers, but to modify their government, so that the state governments are not endangered. But whatever we have now in our power to grant, the grant is a state grant, and therefore it must be so organized that the state governments are interested in supporting the Union. Thus systematized, there can be no danger if a small force is maintained. Mr. SHERMAN. We have found, during the war, that, though Congress consisted of but one branch, it was that body which carried us through the whole war; and we were crowned with success. We closed the war, performing all the functions of a good government, by making a beneficial peace. But the great difficulty now is, How shall we pay the public debt incurred during that war? The unwillingness of the states to comply with the requisitions of Congress has embarrassed us greatly. But to amend these defects in government, I am not fond of speculation. I would rather proceed on experimental ground. We can so modify the powers of Congress, that we will all be mutual supporters of one another. The disparity of the states can be no difficulty. We know this by experience. Virginia and Massachusetts were the first who unanimously ratified the old Confederation. They then had no claim to more votes in Congress than one. Foreign states have made treaties with us as confederated states, not as a national government. Suppose we put an end to that government under which those treaties were made; will not these treaties be void? Mr. WILSON. The question before us may admit of the three following considerations: —
Confederations are usually of a short date. The Amphictyonic council was instituted in the infancy of the Grecian republics. As those grew in strength, the council lost its weight and power. The Achæan league met the same fate. Switzerland and Holland are supported in their confederation, not by its intrinsic merit, but the incumbent pressure of surrounding bodies. Germany is kept together by the house of Austria. True, Congress carried us through the war even against its own weakness. That powers were wanting, you, Mr. President, must have felt. To other causes, not to Congress, must the success be ascribed. That the great states acceded to the Confederation, and that they, in the hour of danger, made a sacrifice of their interest to the lesser states, is true. Like the wisdom of Solomon, in adjudging the child to its true mother, from tenderness to it, the greater states well knew that the loss of a limb was fatal to the Confederation: they, too, through tenderness, sacrificed their dearest rights to preserve the whole. But the time is come when justice will be done to their claims. Situations are altered. Congress have frequently made their appeal to the people. 1 wish they had always done it: the national government would sooner have been extricated. Question then put on Mr. Lansing’s motion, and lost — 6 states against 4, 1 divided. New York in the minority. Adjourned till to-morrow morning. Thursday,June 21, 1787. Met pursuant to adjournment. Present, eleven states. Dr. JOHNSON. It appears to me that the Jersey plan has for its principal object the preservation of the state governments. So far it is a departure from the plan of Virginia, which, although it concentrates in a distinct national government, it is not totally independent of that of the states. A gentleman from New York, with boldness and decision, proposed a system totally different from both; and though he has been praised by every body, he has been supported by none. How can the state governments be secured on the Virginia plan? I could have wished that the supporters of the Jersey system could have satisfied themselves with the principles of the Virginia plan, and that the individuality of the states could be supported. It is agreed, on all hands, that a portion of government is to be left to the states. How can this be done? It can be done by joining the states, in their legislative capacity, with the right of appointing the second branch of the national legislature, to represent the states individually. Mr. WILSON. If security is necessary to preserve the one, it is equally so to preserve the other. How can the national government be secured against the states? Some regulation is necessary. Suppose the national government had a competent number in the state legislature. But where the one government clashed with the other, the state government ought to yield, as the preservation of the general interest must be preferred to a particular. But let us try to designate the powers of each, and then no danger can be apprehended, nor can the general government be possessed of any ambitious views to encroach on the state rights. Mr. MADISON. I could have wished that the gentleman from Connecticut had more accurately marked his objections to the Virginia plan. I apprehend the greatest danger is from the encroachment of the states on the national government. This apprehension is justly founded on the experience of ancient confederacies, and our own is a proof of it. The right of negativing, in certain instances, the state laws, affords one security to the national government. But is the danger well founded? Have any state governments ever encroached on the corporate rights of cities? And if it was the case that the national government usurped the state government, if such usurpation was for the good of the whole, no mischief could arise. To draw the line between the two is a difficult task. I believe it cannot be done, and therefore I am inclined for a general government. If we cannot form a general government, and the states become totally independent of each other, it would afford a melancholy prospect. The 2d resolve was then put and carried — 7 states for, 3 against, 1 divided. New York in the minority. The 3d resolve was then taken into consideration by the Convention. Mr. PINCKNEY. I move “that the members of the first branch be appointed in such manner as the several state legislatures shall direct,” instead of the mode reported. If this motion is not agreed to, the other will operate with great difficulty, if not injustice. If you make district elections, and join, as I presume you must, many counties in one district, the largest county will carry the election, as its united influence will give a decided majority in its favor. Mr. MADISON. I oppose the motion. There are difficulties, but they may be obviated in the details connected with the subject. Mr. HAMILTON. It is essential to the democratic rights of the community that this branch be directly elected by the people. Let us look forward to probable events. There may be a time when state legislatures may cease; and such an event ought not to embarrass the national government. Mr. MASON. I am for preserving inviolably the democratic branch of the government. True, we have found inconveniences from pure democracies; but if we mean to preserve peace and real freedom, they must necessarily become a component part of a national government. Change this necessary principle, and if the government proceeds to taxation, the states will oppose your powers. Mr. SHERMAN thought that an amendment to the proposed amendment was necessary. Gov. RUTLEDGE. It is said that an election by representatives is not an election by the people. This proposition is not correct. What is done by my order is done by myself. I am convinced that the mode of election by legislatures will be more refined, and better men will be sent. Mr. WILSON. The legislatures of the states, by the proposed motion, will have an uncontrollable sway over the general government. Election is the exercise of original sovereignty in the people; but if by representatives, it is only relative sovereignty. Mr. KING. The magistrates of the states will ever pursue schemes of their own; and this, on the proposed motion, will pervade the national government; and we know the state governments will be ever hostile to the general government. Mr. PINCKNEY. All the reasoning of the gentlemen opposed to my motion has not convinced me of its impropriety. There is an esprit du corps which has made heretofore every unfederal member of Congress, after his election, become strictly federal; and this, I presume, will ever be the case, in whatever manner they may be elected. Question put on Mr. Pinckney’s motion, and carried by 6 states against 4; 1 divided. Question then put on the resolve — 9 states for, 1 against, 1 divided. Gov. RANDOLPH. I move that, in the resolve for the duration of the first branch of the general legislature, the word “three” be expunged, and the words “two years” be inserted. Mr. DICKINSON. I am against the amendment. I propose that the word “three” shall remain, but that they shall be removable annually in classes. Mr. SHERMAN. I am for one year. Our people are accustomed to annual elections. Should the members have a longer duration of service, and remain at the seat of government, they may forget their constituents, and perhaps imbibe the interest of the state in which they reside, or there may be danger of catching the esprit du corps. Mr. MASON. I am for two years. One year is too short. In extensive states, four months may elapse before the returns can be known. Hence the danger of their remaining too long unrepresented. Mr. HAMILTON. There is a medium in every thing. I confess three years is not too long. A representative ought to have full freedom of deliberation, and ought to exert an opinion of his own. I am convinced that the public mind will adopt a solid plan. The government of New York, although higher-toned than that of any other state, still we find great listlessness and indifference in the electors; nor do they, in general, bring forward the first characters to the legislature. The public mind is perhaps not now ready to receive the best plan of government, but certain circumstances are now progressing which will give a different complexion to it. Two years’ duration agreed to. Adjourned till to-morrow morning. Friday,June 22, 1787. Met pursuant to adjournment. The clause of the 3d resolve respecting the stipends taken into consideration. Judge ELLSWORTH. I object to this clause. I think the state legislatures ought to provide for the members of the general legislature; and as each state will have a proportionate number, it will not be burdensome to the smaller states. I therefore move to strike out the clause. Mr. GORHAM. If we intend to fix the stipend, it may be an objection against the system, as the states would never adopt it. I join in the sentiment to strike out the whole. Gov. RANDOLPH. I am against the motion. Are the members to be paid? Certainly. We have no sufficient fortunes to induce gentlemen to attend for nothing. If the state legislatures pay the members of the national council, they will control the members, and compel them to pursue state measures. I confess the payment will not operate impartially, but the members must be paid, and be made easy in their circumstances. Will they attend the service of the public without being paid? Mr. SHERMAN. The states ought to pay their members; and I judge of the approbation of the people, on matters of government, by what I suppose they will approve. Mr. WILSON. I am against going as far as the resolve. If, however, it is intended to throw the national legislature in the hand of the states, I shall be against it. It is possible the states may become unfederal, and they may then shake the national government. The members ought to be paid out of the national treasury. Mr. MADISON. Our attention is too much confined to the present moment, when our regulations are intended to be perpetual. Our national government must operate for the good of the whole, and the people must have a general interest in its support; but if you make its legislators subject to, and at the mercy of, the state governments, you ruin the fabric; and whatever new states may be added to the general government, the expense will be equally borne. Mr. HAMILTON. I do not think the states ought to pay the members, nor am I for a fixed sum. It is a general remark, that he who pays is the master. If each state pays its own members, the burden would be disproportionate, according to the distance of the states from the seat of government. If a national government can exist, members will make it a desirable object to attend, without accepting any stipend; and it ought to be so organized as to be efficient. Mr. WILSON. I move that the stipend be ascertained by the legislature, and paid out of the national treasury. Mr. MADISON. I oppose the motion. Members are too much interested in the question. Besides, it is indecent that the legislature should put their hands in the public purse, to convey it into their own. Question put on Mr. Wilson’s motion, and negatived — 7 states against, 2 for, and 2 divided. Mr. MASON moved to change the phraseology of the resolve; that is to say, to receive an adequate compensation for their services, and to be paid out of the treasury. This motion was agreed to. Mr. RUTLEDGE. I move that the question be taken on these words, “to be paid out of the national treasury.” Mr. HAMILTON. It has been often asserted that the interests of the general and of the state legislatures are precisely the same. This cannot be true. The views of the governed are often materially different from those who govern. The science of policy is the knowledge of human nature. A state government will ever be the rival power of the general government. It is, therefore, highly improper that the state legislatures should be the paymasters of the members of the national government. All political bodies love power, and it will often be improperly attained. Judge ELLSWORTH. If we are so exceedingly jealous of state legislatures, will they not have reason to be equally jealous of us? If I return to my state, and tell them, We made such and such regulations for a general government, because we dared not trust you with any extensive powers, — will they be satisfied? Nay, will they adopt your government? And let it ever be remembered that, without their approbation, your government is nothing more than a rope of sand. Mr. WILSON. I am not for submitting t |

Titles (by Subject)