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Jonathan Elliot, The Debates in the Several State Conventions of the Adoption of the Federal Constitution, vol. 1 (Constitution, Declaration of Independence, Articles of Confederation, Journal of Federal Convention) [1827]

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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.

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About this Title:

Vol. 1 of an influential early 19th century edition of key documents about the ratification of the US Constitution by the states.

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Table of Contents:

Edition: current; Page: [ii]
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
IN FIVE VOLUMES VOL. I
SECOND EDITION, WITH CONSIDERABLE ADDITIONS
COLLECTED AND REVISED FROM CONTEMPORARY PUBLICATIONS By JONATHAN ELLIOT
Edition: current; Page: [iii]

PREFACE
TO THE FIRST EDITION.

The following volumes furnish a collection of the Debates and Proceedings which took place in the different states, on the adoption of the Federal Constitution, as submitted by the General Convention, on the 17th of September, 1787. In the compilation, care has been taken to search into contemporary publications, in order to make the work as perfect as possible. Still, however, the Editor is sensible, from the daily experience of the newspaper reports of the present time, that the sentiments they contain may, in some instances, have been inaccurately taken down, and, in others, probably, too faintly sketched, fully to gratify the inquisitive politician; but they nevertheless disclose the opinions of many of the most distinguished revolutionary patriots and statesmen, in relation to the powers intended to be granted to the Congress of the United States under the Constitution, and certainly may form an excellent guide in expounding many doubtful points in that instrument. In forming a History of the Constitution, the materials they furnish must be also considered of the greatest importance. The lights, too, which they throw on the character and the men of those extraordinary times, will always give them a sufficient interest, in the eyes of an intelligent community, to confer a peculiar value on their publication, rescued from the ephemeral prints of that day, and now, for the first time, presented in a uniform and durable form.

In another point of view, these Debates must be acceptable, at the present moment. In the recent Congresses, a Edition: current; Page: [iv] vast number of resolutions have been submitted, proposing various amendments to the Constitution — a fact sufficiently striking to call the attention of the nation at large, seriously to consider the views and ponder on the arguments of those who opposed or advocated the Constitution at the time of its adoption. Hence, on entering the field of debate on constitutional topics, an acquaintance with these opinions and sentiments must certainly be of the first importance to public speakers. In exercising the powers of legislation, could Congress consult higher authority? In expounding parts of the Constitution which seem extremely doubtful, the publication of the Proceedings and Debates of the states must, at least, be useful; for what the states really intended to grant to the general government must be looked for in their acts, and in their discussions, which manifest their intentions, in a manner peculiarly satisfactory, touching constitutional topics, so frequently the subject of controversy in Congress, and in the legal tribunals of the country.

There is a further, and perhaps not much inferior interest, that attaches to these Debates: they abound, it will be seen, in many of the most bold and striking features of eloquence, which do not yield, in force of argument, strength of intellect, or in statesman-like views, to the productions of any modern orator. With prophetic vision, (in our days singularly verified,*) a distinguished individual, who participated in these debates, looked forward to the high destinies of this republic, and foretold that political prosperity and happiness which an excellent Constitution is daily developing for the benefit of posterity.

JONATHAN ELLIOT.
Edition: current; Page: [v]

SECOND EDITION.

Honored by the adoption of resolutions, in both Houses of Congress, directing these volumes of Debates to be furnished for the use of the senators and representatives, and gratified by an extensive demand, elsewhere, for this work, the Editor has been induced to publish a Second Edition, much enlarged and improved, not only by the insertion of additional illustrative matter, but also by a more extensive stock of Debates, which he hopes may confer greater value on his undertaking. The practice of the Constitution has likewise been brought down to the present time, in the form of “Opinions,” delivered during debate, in the twenty-fourth Congress.

J. E.
Edition: current; Page: [vi]

NOTICES OF THIS WORK.

Extract of a Letter, dated Montpelier, July 7, 1830.

“Dear Sir: — Being obliged, at my age, to economize my intellectual employments of every sort, I have only been able to glance over the selections illustrative of the Federal Constitution, you have appended to the last volume. They appear to be of a class which must add to the value of the work, such as that of which they make a part. With well wishes and respect,

“Mr. Elliot.

JAMES MADISON.”

Extract of a Letter, dated Cambridge, Mass., Aug. 28, 1830.

“Dear Sir: — I wish you to direct your Boston bookseller to send a copy of your work to the Law Library of Harvard College. I have not a doubt that it will find a ready sale among us. . . . In a political view, I can scarcely imagine a more acceptable present to the public; and to statesmen it must be invaluable, as a repository of facts, as well as of arguments, respecting the great points of constitutional law. I am, with great respect, your obliged and humble servant,

Jonathan Elliot, Esq.

JOSEPH STORY.”

From the Vice-President of the United States, dated Fort Hill, May 16, 1831.

“Sir: — I have looked over, with care, your compilation, and consider it a valuable collection of facts and arguments, calculated to shed much light on the nature of our political institutions.

“Such a work was greatly needed, and, if extensively circulated, must have a most salutary effect, by enlightening the public mind on points so important to be well understood as the powers and character of the general government. I wish you much success in so useful an undertaking. With respect, I am, &c. &c.

Jonathan Elliot, Esq.

J. C. CALHOUN.”

“A great body of valuable materials relative to the Federal Constitution is embraced in Mr. Elliot’s work, published yesterday. The Debates and Proceedings of the General Convention, and the State Conventions, are given at large, as far as they have been reported. There is also a vast mass of matter touching the practice of the Constitution in the halls of Congress, and in the courts of the Union. Politicians must save labor by consulting it.” — National Intelligencer, May 28, 1830.

“Ample illustrations of the Federal Constitution have been produced, in a work just from the press, by Mr. Elliot, in which he has imbodied all the matter of the Journal of the Federal Convention, including Yates’s Notes of Debates, Luther Martin’s Letter, &c., at large; and a record of congressional opinions, collected from the files of forty years past, on controverted points on the Constitution. Such a work must possess a prominent interest, for the present as well as the future. To politicians or constitutional lawyers it will indeed be acceptable.” — United States Telegraph of May 29, 1830.

The Federal Constitution. — Mr. Jonathan Elliot has just published, in four volumes, a collection of valuable materials illustrative of the Constitution. Full indexes to the whole make it a work of convenient reference, and valuable to the private citizen as well as to the statesman or constitutional lawyer. We trust that the work will receive a patronage commensurate with the great labor and cost of its preparation.” — N. Journal, May, 1830.

“The ‘Debates on the Constitution,’ a work which has lately been published by Mr. Jonathan Elliot, of this city, in four volumes octavo, and which we briefly noticed a few days since, is one of the greatest importance that could have made its appearance at the present day. We cannot too strongly recommend it to all who desire to be enlightened upon the great questions which now occupy the public mind, as they will therein see the opinions as to the nature and powers of the Federal Government entertained at the time of its original organization, by many of the most eminent men of this country.” — Banner of the Constitution. by C. Raguet, Esq., of June 8, 1830.

Edition: current; Page: [vii]

CONTENTS.

  • Federal Constitution, . . . . . . . . . . . Pages. 1 to 21
  • Ante-Revolutionary History, . . . . . . . . . 22 to 42
  • Approaches towards Independence, . . . . . . 42 to 60
  • Declaration of Independence, . . . . . . . . 60 to 63
  • Political Rights and Sovereignty, . . . . . . . 63 to 67
  • Occurrences incident to Act of Confederation, . . . 67 to 69
  • Official Action accompanying Act of Confederation, . 69 to 70
  • Confederation, Debates, . . . . . . . . . . 70 to 78
  • Articles, . . . . . . . . . . 79 to 84
  • Objections of certain States, . . . . . . . . . 85 to 92
  • Proceedings which led to the Adoption of the Constitution, . . . . . . . . . . . . . . 92 to 120
  • The Federal Convention, . . . . . . . . . 120 to 318
  • Ratifications, . . . . . . . . . . . . . 318 to 338
  • Amendments proposed, . . . . . . . . . 338 to 343
  • Luther Martin’s Letter, . . . . . . . . . 344 to 389
  • Yates’s Minutes, . . . . . . . . . . . 389 to 479
  • Yates and Lansing’s Letter, . . . . . . . . 480 to 482
  • Edmund Randolph’s Letter, . . . . . . . . 482 to 491
  • Sherman and Ellsworth’s Letter, . . . . . . 491 to 492
  • Elbridge Gerry’s Letter, . . . . . . . . . 492 to 494
  • George Mason’s Objections, . . . . . . . . 494 to 496
  • John Jay’s Address, . . . . . . . . . . 496 to 502
  • Richard Henry Lee’s Letter, . . . . . . . 503 to 505
  • Gouverneur Morris’s Letter to General Washington, 505 to 506
  • Gouverneur Morris to Thomas Pickering, . . . 506 to 507
  • James Madison to Mr. Sparks, . . . . . . 507 to 508
Edition: current; Page: [viii]

INDEX.

Page.
FEDERAL CONSTITUTION, 1
Digest of the Constitution, xi.
ANTE REVOLUTIONARY HISTORY: —
Year. Page.
1606. Virginia, 22
1629. Plymouth Colonies, 25
1628. Massachusetts, 27
1629. New Hampshire, 30
1622. Maine, 31
1638. Connecticut, 31
1643. Rhode Island, 32
1632. Maryland, 33
1664. New York, 35
1664. New Jersey, 35
1664. Pennsylvania, 36
1682. Delaware, 38
1663. North and South Carolina, 38
1732. Georgia, 41
1774. GRADUAL APPROACHES TOWARDS INDEPENDENCE, 42
1776. FIRST CONGRESS OF DELEGATES, 42
DECLARATION OF INDEPENDENCE, 60
NOTES ON POLITICAL RIGHTS AND SOVEREIGNTY, 63
1777. OCCURRENCES INCIDENT TO THE ACT OF CONFEDERATION, 67
ACT OF CONFEDERATION, 68
OFFICIAL LETTER ACCOMPANYING ACT OF THE CONFEDERATION, 69
DEBATE ON THE ARTICLES OF CONFEDERATION, 70
Mr. Chase, 70, 74
John Adams, 71, 76
Mr. Harrison, 72
Mr. Wilson, 72
Dr. Witherspoon, 73, 75
Dr. Franklin, 74
Dr. Rush, 77
Mr. Hopkins, 77
Mr. Wilson, 77
1778. ARTICLES OF CONFEDERATION 79
RATIFICATION, 84
1778. AMENDMENTS TO ARTICLES OF CONFEDERATION.
Maryland, 85
Massachusetts Bay, 86
Rhode Island, 86
Connecticut, 87
New Jersey, 87
Pennsylvania, 90
South Carolina, 90
1783. PROCEEDINGS WHICH LED TO THE ADOPTION OF THE FEDERAL CONSTITUTION, 92
ADDRESS TO THE STATES BY CONGRESS, 96
1782. REPLY TO RHODE ISLAND OBJECTIONS TOUCHING IMPORT DUTIES. Dec. 16, 100
1784. POWERS OF CONGRESS TO REGULATE COMMERCE. April 30, 106
1786. REPORT OF THE STATES ON THE REGULATION OF COMMERCE. Mar. 3, 108
1785. MADISON’S RESOLUTION FOR EMPOWERING CONGRESS TO REGULATE TRADE. Nov. 30, 114
1786. PROPOSITION OF THE GENERAL ASSEMBLY OF VIRGINIA. Jan. 21, 115
(ANNAPOLIS CONVENTION.) PROCEEDINGS OF THE COMMISSIONERS TO REMEDY DEFECTS OF THE FEDERAL GOVERNMENT. Sept. 11, 116
REPORT OF PROCEEDINGS. Feb. 21, 119
1787 FEDERAL CONVENTION, (2d Monday in May, but the 25th was the day on which a sufficient number appeared,) 120
List of the Members who signed, (39.) Who never attended, (10.) Those who attended, but did not sign the Constitution, (16.) Total, 65, 124
Edition: current; Page: [ix]
CRFDENTIALS: Page.
New Hampshire, dated June 27, 126
Massachusetts, April 6, 126
Connecticut, May 2d, Thursday, 127
New York, Feb. 28, 127
New Jersey, Nov. 23, 128
Pennsylvania, March 28, 129
Delaware, Feb. 3, 130
Maryland, March 26, 131
Virginia, May 2, 132
North Carolina, April 3, 133
South Carolina, April 10, 136
Georgia, April 17, 137
1787. May 14. JOURNAL OF THE FEDERAL CONVENTION: —
List of Members, 139
28-9. RULES, 141, 143
Mr. EDMUND RANDOLPH’S FIFTEEN PROPOSITIONS, 141
Mr. CHARLES PINCKNEY’S DRAFT OF A FEDERAL CONSTITUTION, 145
30. Mr. Randolph’s Propositions considered in Committee, 150
31. Right of Suffrage further considered; Legislative Rights, 151
June 1. Executive Powers; Duties, 154
2. Term of Service, Choice, Salary, limited Period, Ineligibility, Impeachment, 156
4. Negative or Veto, 158
5. National Judiciary; New States, 160
6. Inferior Tribunals; Negative on State Laws, 163
7. Elections by Districts, 165
8. Representative Classes, 166
9, 11. Executive Suffrage, 167
Suffrage; Ratio; Vote, 168
Republican Constitution; Amendments, 169
12. Term of Service; Salary, 171
13. Jurisdiction of the Supreme Tribunal, 174
Money Bills, 174
14, 15. Mr. PATTERSON’S ELEVEN PROPOSITIONS, 175
16, 18. Mr. P.’s Propositions considered; Revisal of Confederation, 177
Col. HAMILTON’S PLAN OF GOVERNMENT, in Eleven Propositions, 179
19. Mr. Patterson’s Propositions postponed, 180
Mr. RANDOLPH’S NINETEEN RESOLUTIONS submitted, as altered, amended, and agreed to, 181
20. Legislative, Judiciary, and Executive, 183
21. Legislature; two Branches, 184
22. Congressional Compensation; Age, 185
23. Congressional Compensation, 186
25. Second Branch chosen by the Legislatures; Service; Age, 30 Years, 187
26. Biennial Term; Pay; Eligibility, 189
Office holding; Ineligibility; Originating Acts, 190
27. Right of Suffrage in the First Branch, according to the Confederation, 191
28. Right of Suffrage in First or Second Branch, 191
29. Right of Suffrage; equal Vote in the Senate, 191
30. New Hampshire Delegates requested to attend; equal Vote, 192
July 2. Equal Vote in the Second Branch; Suffrage, 193
5. Report on Ratio of Representation; Money Bills to originate in the First Branch, 193
Note. Census and Quotas in 1785, 194
6. Reference and Votes, 195
Money Bills not to be altered in the Second Branch; Appropriations; First Branch, 195
7. Use of the Philadelphia Library offered to the Convention; Equal Vote, 196
9. Apportionment of Representatives, (56.) 196
Census for the Population and Wealth, 197
10. Apportionment for, (65.) 197
Propositions to alter the Number of Representatives in New Hampshire, North and South Carolina, and Georgia, 198
11. Census; the “Three fifths of the Inhabitants of other Descriptions,” &c. 199
12. Taxation according to Representation and the “Three fifths;” Census, 201
13. Assessment on Inhabitants; Census, 203
Division of States hereafter, 204
14. Representatives hereafter not to exceed the Number of the original Thirteen States; Second Branch; Proposal to have thirty-six Members, 204
16. Sixty-five Representatives proposed; Money Bills, 205
17. Rights of the States to be protected; Negative on Laws, 206
Acts and Treaties the supreme Law, 207
Electors, their Appointment by the Legislature; Term, 208
18. National Judiciary; Nomination, 209
Inferior Tribunals; New States, 210
19. National Executive; Electors’ Term, 211
20. Supreme Executive; Elections; Qualifications; Removable; Impeachment, 212
21. Pay; Negative on Acts; Nomination and Appointment of Judges, 214
23. Amendments; Oath to support the Constitution, 215
Representation; Vote per Capita, 215
Reference of Proceedings; one from each State, 216
24. Supreme Executive appointed by State Electors, 217
25. Supreme Executive, six Years in any twelve; Copies of Proceedings to be furnished each Member, 218
26. National Executive; Seven Years proposed; to be ineligible a second Time; Qualification of landed Property, 219
Pensioners disqualified, or Defaulters; Seat of Government not to be at the Seat of a State Government, 220
REPORT OF THE COMMITTEE OF DETAIL ON THE TWENTY-THREE RESOLUTIONS FOR THE PURPOSE OF REPORTING A CONSTITUTION, 221
Aug. 6. Report delivered, and Copies furnished, 223
6. DRAFT OF A CONSTITUTION BY THE COMMITTEE OF FIVE, (debated till September 12.) 224
7. Preamble, &c., considered in detail; Negative; Time of Meeting, 230
8. Residence; Taxation; Representation, 232
9. Vacancies; Resignations to be supplied by the Legislature; Qualifications, 234
10. Quorum; Attendance: Concurrence; Dissent, 236
11. Each House to keep a Journal and publish; Adjournment, not more than three Days, 238
13. Citizenship; Limitation; Money Bills, 240
14. Office prohibited; Pay, per Diem, $5; Mileage, same, 241
15. Bills, originating, &c., 242
16. Approval of Orders; State Exports, 244
17. Piracies; Counterfeiting; Rebellion, 245
18. Additional Powers to be vested, defined; Debts to be assumed, 247
20. Propositions; Privileges, &c., referred to a Committee of Five; Council of State to assist the President; Organization of the Departments, &c.; Treason defined, 249
21. Livingston’s Report on “the Debts;” Requisitions, 253
22. Rutledge’s Report on sundry Amendments, 256
23. Report of Committee of Eleven; Militia; Offices; Treaties, 258
24. Slaves limiting their Importation; Choice of President, 261
25. Debts; Slaves; Laws; Duties; Ports; Taxes, 264
27. Reprieves; Removal; Oath; Slavery; Controversies; Judiciary, 267
28. Commerce; Crimes; Bills; ex post facto Laws; Misdemeanors, 270
29. Bankruptcies; Fugitive Slaves; New States, 272
30. New States; Western Claims; needful Rules and Regulations; Religious Test, 274
31. Representation; Constitution to be submitted to State Conventions; Presidency, 277
Sept. 3. Records; Bankruptcies; Office, 281
4. Partial Report of the Committee of Eleven, 283
5 to 10. Brearly’s Report further considered, 285 to 297
12. PLAN OF THE CONSTITUTION, by the Committee of Revision of Five Members, appointed on the 8th of September to revise the Style, &c., 297 to 305
12. Letter to Congress on submitting the Constitution, 305
13. Johnson’s Resolutions for Ratification, and putting the Constitution into Operation, 306
Madison’s Minutes, completing the Journal; Votes, &c., 307
17. Constitution engrossed and signed; Representative Clause reconsidered; Journal subject to the Order of Congress, 317
SUPPLEMENT. — Reception of the Report of the Convention by Congress, 318
Edition: current; Page: [xi]
RATIFICATIONS, showing the Order in which the Thirteen States of the old Confederation adopted the Federal Constitution, 319
1. Delaware, Dec. 12, 1787, 319
2. Pennsylvania, Dec. 12, 1787, 319
3. New Jersey, Dec. 18, 1787, 320
4. Connecticut, Jan. 9, 1788, 321
5. Massachusetts, Feb. 6, 1788, 322
6. Georgia, Jan. 2, 1788, 323
7. Maryland, April 2, 1788, 324
8. South Carolina, May 23, 1788, 325
9. New Hampshire, June 21, 1788, 325
10. Virginia, June 26, 1788, 327
11. New York, July 26, 1788, 327
12. North Carolina, Nov. 21, 1789, 333
13. Rhode Island, June 16, 1790, 334
14. Vermont, Oct. 27, 1790, 337
1789. March 4. AMENDMENTS proposed at the First Congress, 338
Returns of the Decisions of the States thereon, 339
AMENDMENTS — Third Congress, Second Session, 340
Fourth Congress, First Session, 340
Fifth Congress, Second Session, 341
Eighth Congress, First Session, 341
LUTHER MARTIN’S LETTER, disclosing the Proceedings of the Federal Convention, addressed to the Legislature of Maryland, 344 to 389
ROBERT YATES’S MINUTES of the Secret Debates of the Federal Convention, from May 25 to June 5, 389 to 479
YATES AND LANSING’S LETTER to the Governor of New York, furnishing their Reasons for not subscribing to the Constitution, 480
EDMUND RANDOLPH’S LETTER to the Speaker of the House of Delegates, Virginia, containing his Reasons for not subscribing to the Federal Constitution, 482 to 491
SHERMAN AND ELLSWORTH to the Governor of Connecticut, 491
ELBRIDGE GERRY’S Reasons for not signing the Federal Constitution, 492
GEORGE MASON’S Objections to the Federal Constitution, (a Virginia Delegate.) 494
JOHN JAY’S ADDRESS on the proposed Federal Constitution to the People of New York, 496
RICHARD HENRY LEE’S LETTER to the Governor of Virginia, 503
GOUVERNEUR MORRIS to General Washington, and also to Timothy Pickering, 505
JAMES MADISON to Mr. Sparks, on G. Morris’s Course in the Federal Convention, 507

DIGEST OF THE CONSTITUTION.

Art. Sec. Pa.
Acts, records, and judicial proceedings of each state, entitled to faith and credit in other states, 4 1 13
Amendments to the Constitution, how made, 5 1 14
Appropriations by law. — (See Treasury.) 1 9 7
Attainder, bill of, prohibited, 1 9 8
Attainder of treason shall not work corruption of blood or forfeiture, except during the life of the person attainted, 3 3 13
Bills for raising revenue shall originate in the House of Representatives, 1 7 5
Before they become laws, shall be passed by both houses, and approved by the President; or, if disapproved, shall be passed by two thirds of each house, 1 7 5
Bills not returned in ten days, unless an adjournment intervene, shall be considered as approved, 1 7 5
Capitation Tax. — (See Tax.) 1 9 7
Census, or enumeration, to be made every ten years, 1 2 2
Claims of the United States, or of the several states, not to be prejudiced by any construction of the Constitution, 4 3 14
Citizens of each state shall be entitled to the privileges and immunities of citizens in the several states, 4 2 13
Commerce, regulations respecting, to be equal and uniform, 1 9 7
Congress, vested with legislative power, 1 1 1
May alter the regulations of state legislatures concerning elections of senators and representatives, except as to place of choosing senators, 1 4 3
Shall assemble once every year, 1 4 3
May provide for cases of removal of President and Vice-President, 2 1 10
May determine the time of choosing electors of President and Vice-President, 2 1 9
May invest the appointment of inferior officers in the President alone, in the courts of law, or the heads of departments, 2 2 11
May from time to time establish courts inferior to the Supreme Court, 3 1 12
May (with one limitation) declare the punishment of treason, 3 3 13
May prescribe the manner of proving the acts, records, and judicial proceedings of each state, 4 1 13
The assent of required to the formation of a new state within the jurisdiction of any other, or by the junction of two or more, 4 3 14
May propose amendments to the Constitution, or, on application, call a convention, 5 1 14
The assent of required to the admission of new states into the Union, 4 3 14
To lay and collect duties on imposts and excises, 1 8 6
To borrow money, 1 8 6
To regulate commerce, 1 8 6
To establish uniform laws of bankruptcy and naturalization, 1 8 6
To coin money, regulate the value of coin, and fix the standard of weights and measures, 1 8 6
To punish counterfeiting, 1 8 6
To establish post-offices and post-roads, 1 8 6
To authorize patents to authors and inventors, 1 8 6
To constitute tribunals inferior to the Supreme Court, 1 8 6
To define and punish piracies, felonies on the high seas, and offences against the laws of nations, 1 8 6
To declare war, grant letters of marque, and make rules concerning captures, 1 8 6
To raise and support armies, 1 8 6
To provide and maintain a navy, 1 8 6
To make rules for the government of the army and navy, 1 8 6
To call for the militia in certain cases, 1 8 6
To organize, arm, and discipline, the militia, 1 8 6
To exercise exclusive legislation over ten miles square, 1 8 7
To pass laws necessary to carry the enumerated powers into effect, 1 8 7
To dispose of, and make rules concerning, the territory or other property of the United States, 4 3 14
Constitution, formed by the people of the United States, Preamble, 1
How amended, 5 1 14
And the laws under it, and treaties, declared to be the supreme law, 6 1 15
Rendered operative by the ratification of the Conventions of nine states, 7 1 15
Conventions for proposing amendments to Constitution, 5 1 14
Court, Supreme, its original and appellate jurisdiction, 3 2 12
Courts, inferior to the Supreme Court, may be ordained by Congress, 3 1 12
Crimes, persons accused of, fleeing from justice, may be demanded, 4 2 13
Debts against the Confederation to be valid against the United States under this Constitution, 6 1 15
Duties on exports prohibited, 1 9 7
On imports and exports, imposed by states, shall enure to the treasury of the United States, 1 10 8
Elections, of senators and representatives, shall be prescribed by the state legislatures, as to time, place, and manner, 1 4 3
Qualifications and returns of members of Congress to be determined by each house, 1 5 4
Electors of President and Vice-President, how chosen, and their duties, 2 1 9
and 12th amendment, 20
Shall vote the same day, throughout the United States, 2 1 10
No senator or representative, holding office under the United States, shall serve as 2 1 9
Enumeration. (See Census.) 1 2 2
Executive Power shall be vested in a President, 2 1 8
(See President.)
Exports. (See Tax.)
And imports, duties on by states to be payable into the treasury of the United States, 1 10 8
Ex post facto Law, none shall be passed, 1 9 7
Habeas Corpus, writ of, can only be suspended in cases of rebellion or invasion, 1 9 7
House of Representatives. (See Representatives.)
House. (See Senate.)
Impeachment, all civil officers liable to 2 4 11
Persons found guilty by, liable to indictment and punishment for the offence, 1 3 3
Importation of Slaves, until prohibited, a duty authorized on, after 1808, 1 9 7
Judges shall hold their offices during good behavior, 3 1 12
The compensations of, shall not be diminished during continuance in office, 3 1 12
Judicial power, vested in a Supreme Court and courts inferior, 3 1 12
The cases to which it extends, 3 2 12
Judicial proceedings, records, and acts of each state, are entitled to faith and credit in every other state, 4 1 13
Jury trial shall be held in the state where the crime shall have been committed, 3 2 12
If the crime have not been committed within a state, the trial shall be held at the place Congress shall have directed, 3 2 12
Jury, trial by, secured, in prosecutions for all crimes, except in cases of impeachment, 3 2 12
And in suits at common law, where the value in controversy shall exceed twenty dollars. 7th amendment, 19
Law, supreme, the Constitution, the laws under it, and treaties declared to be, 6 1 15
Legislative powers vested in Congress. (See Congress.) 1 1 1
Money shall be drawn from the treasury only by laws appropriating, 1 9 8
Nobility, titles of, shall not be granted by the United States, 1 9 8
Officers of the Senate, except their president, shall be chosen by the Senate, 1 3 3
Civil, may be removed by impeachment, 2 4 11
Orders of one house, requiring the concurrence of the other. (See Resolution,) 1 7 5
Persons held to labor or service, their importation or migration into the United States may be prohibited after 1808, 1 9
Escaping from one state into another, shall be delivered up to those entitled to service, 4 2 13
Powers not delegated are reserved to the people, or, when not prohibited, to the states, 10th amendment, 20
Legislative. (See Congress,) 1 1 1
Executive. (See President.) 2 1 8
Judicial. (See Judicial.) 3 1 12
Presents, emoluments, office, or title from, a foreign king, prince, or state, to persons holding offices of profit or trust, prohibited, 1 9 8
President of the United States, vested with the executive power, shall be chosen for four years, 2 1 8
How elected, 2 1 9
Qualifications for, 2 1 10
Compensation of, 2 1 10
Shall take oath of office, 2 1 10
May be removed by impeachment, 2 4 11
President of the United States, powers of —
Shall be commander-in-chief of army and navy, 2 2 10
May require the written opinions of the heads of departments, 2 2 10
May reprieve and pardon, 2 2 11
May make treaties, with consent of the Senate, 2 2 11
May appoint to office, with consent of the Senate, 2 2 11
Shall fill up vacancies happening during the recess of the Senate, 2 2 11
President of the United States, duties of —
Shall give information to Congress, and recommend measures, 2 3 11
May convene both houses, or either house, 2 3 11
May adjourn them in case of disagreement, 2 3 11
Shall receive ambassadors and other public ministers, 2 3 11
Shall take care that the laws be faithfully executed, 2 3 11
Shall commission all officers of the United States, 2 3 11
In case of death, &c., shall devolve on the Vice-President, and on such other officer as may be provided by law, 2 1 10
Privileges and immunities of citizens of states. (See Citizens.)
Property shall not be taken for public use without just compensation. 5th amendment, 19
Quorum, what shall be, for business, 1 5 4
Of states, in choosing a President by the House of Representatives, 2 1 9
Receipts and expenditures, accounts of, to be published, 1 9 8
Records. (See Judicial Proceedings.) 4 1 13
Representatives, House of, composed of members chosen every second year, 1 2 1
Qualifications of the electors of its members, 1 2 1
Qualifications of members, 1 2 1
Shall not exceed one for 30,000, 1 2 2
Shall choose its speaker and other officers, 1 2 2
Shall have the power of impeachment, 1 2 2
Shall be the judge of the returns, elections, and qualifications of its members, 1 5 4
What shall be a quorum of, 1 5 4
Any number may adjourn, and compel the attendance of absentees, 1 5 4
May determine the rules of proceeding, 1 5 4
May punish or expel a member, 1 5 4
Shall keep a journal, and publish the same, except the parts requiring secrecy, 1 5 4
Shall not adjourn for more than three days, nor to any other place, without the consent of the Senate, 1 5 4
One fifth of present may require the yeas and nays, 1 5 4
Shall originate bills for raising revenue, 1 7 5
Shall receive a compensation, to be ascertained by law, 1 6 4
Privileged from arrest during attendance, and in going and returning, except in certain cases, 1 6 4
Shall not be questioned elsewhere for any speech or debate in the house, 1 6 4
Shall not be appointed to the offices created, or whose compensations shall have been increased, during the time for which they are elected, 1 6 4
Can, whilst serving, hold no office under the United States, 1 6 5
Shall not serve as primary electors of President, 2 1 9
Representatives and direct taxes apportioned according to numbers, 1 2 2
Representation of a state, vacancies in, supplied until a new election by the executive authority thereof, 1 2 2
Resolution, order, or vote, requiring the concurrence of both houses, (except for an adjournment,) shall be presented to the President, and undergo the formalities of bills, 1 7 5
Revenue. (See Vessels.)
Rights of the citizen declared to be —
Liberty of conscience in matters of religion, Amendment, 1 18
Freedom of speech and of the press, 1 18
To assemble and petition, 1 18
To keep and bear arms, 2 18
To be exempt from the quartering of soldiers in any house, in time of peace, without the consent of the owner; and in time of war, unless prescribed by law, 3 18
To be secure from unreasonable searches and seizures, 4 19
To be free, except in the army, navy, and militia, from answering for a capital or otherwise infamous crime, unless on presentment or indictment of a grand jury, 5 19
Not to be jeopardized twice for the same offence, 5 19
Not to be compelled, in criminal cases, to be a witness against himself, 5 19
Not to be deprived of life, liberty, or property, without due course of law, 5 19
Private property shall not be taken for public use, without just compensation, 5 19
That the accused, in criminal prosecutions, shall enjoy the right of a speedy public trial by an impartial jury of the vicinage; and the means necessary for his defence, 6 19
That, in civil cases, facts tried by a jury shall only be reëxamined according to the rules of the common law, 7 19
That in suits at common law, where the value shall exceed twenty dollars, the right of trial by jury shall be preserved, 7 19
That excessive bail shall not be required, excessive fines imposed, nor cruel or unusual punishments inflicted, 8 20
That the enumeration of certain rights shall not operate constructively against the retained rights, 9 20
Rules, each house shall determine its own, 1 5 4
Senate of the United States, composed of two senators from each state, 1 3 2
How chosen, classed, and terms of service, 1 3 2
Qualifications of members, thirty years of age, nine years a citizen, and an inhabitant of the state, 1 3 3
Shall choose its officers, except the President, 1 3 3
Shall be the judge of the elections, returns, and qualifications, of its members, 1 5 4
What number shall be a quorum, 1 5 4
Any number may adjourn, and compel attendance of absentees, 1 5 4
May determine its rules, 1 5 4
May punish or expel a member, 1 5 4
Shall keep a journal, and publish the same, except parts requiring secrecy, 1 5 4
Shall not adjourn for more than three days, nor to any other place, without the consent of the other house, 1 5 4
One fifth of present may require the yeas and nays, 1 5 4
May propose amendments to bills for raising revenue, 1 7 5
Shall try impeachments, 1 3 3
Their judgments only to extend to removal from office, and to disqualify for any other, 1 3 3
Members shall receive a compensation, to be ascertained by law, 1 6 4
Privileged from arrest, 1 6 4
Shall not be questioned elsewhere for any speech or debate in the house, 1 6 4
Shall not be appointed to offices of the United States created, or whose emoluments shall have been increased, during the terms for which they were elected, 1 6 4
Senators and Representatives, elections of, how prescribed, 1 4 3
Slaves. (See Persons held to service.) 7
Senator shall not be an elector of President, 2 1 9
Speaker, how chosen, 1 2 2
States prohibited from
Entering into any treaty, alliance, or confederation, 1 10 8
Granting letters of marque, 1 10 8
Coining money, 1 10 8
Emitting bills of credit, 1 10 8
Making any thing a tender but gold and silver coin, 1 10 8
Passing bills of attainder, ex post facto laws, or laws impairing contracts, 1 10 8
Granting titles of nobility, 1 10 8
Laying imposts, or duties on imports and exports, for their own use, 1 10 8
Laying duties on tonnage without the consent of Congress, 1 10 8
Keeping troops or ships of war in time of peace, 1 10 8
Entering into any contract or agreement with another state, or a foreign power, 1 10 8
Engaging in war, unless invaded or in imminent danger, 1 10 8
States, new, may be admitted into the Union, 4 3 14
May be formed within the jurisdiction of others, or by the junction of two or more, with the consent of Congress and the legislatures concerned, 4 3 14
States, judges of, bound to consider the treaties, the Constitution, and the laws under it, as supreme, 6 1 15
States, majority of all, necessary to the choice of President, 2 1 9
State, each, to be guarantied a republican form of government; protected against invasion; and secured, upon application, against domestic violence, 4 4 14
Tax, capitation or direct, shall be laid only in proportion to census, 1 9 7
Tax on exports from a state prohibited, 1 9 7
Taxes, direct, shall be apportioned according to representation, 1 2 2
Territory, or property belonging to the United States, Congress may make rules concerning, 4 3 14
Test, religious, shall not be required, 1 18
Titles. (See Nobility) 1 9 8
Title, from foreign state. (See Presents.) 1 9 8
Treason, defined, 3 3 13
Two witnesses, or confession, necessary for conviction, 3 3 13
Punishment of, may be prescribed by Congress with one limitation, 3 3 13
Treason, or other crime, persons charged with in one state, fleeing into another, shall, on demand, be delivered up, 4 2 13
Treasury, money drawn from only by appropriation, 1 9 8
Treaties, the supreme law, 6 1 15
Vacancies happening during recess of the Senate may be filled temporarily by the President, 2 2 11
In representation in Congress, how filled, 1 2 2
Vessels to enter, clear, and pay duties in the states in which they arrive, or from which they depart, 1 9 7
Vice-President of the United States
To be President of the Senate, except when exercising the office of President of the United States, 1 3 3
How elected, 2 1 8
Qualifications for. 12th amendment, 20
Shall, in certain cases, discharge the duties of President, 2 1 10
May be removed by impeachment, 2 4 11
Vote of one house requiring concurrence of the other, 1 7 5
Warrants for searches and seizures, when and how they shall issue. 4th amendment, 19
Witness, in criminal cases, no one compelled to be against himself. 5th amendment, 19
Edition: current; Page: [1]

CONSTITUTION OF THE UNITED STATES OF AMERICA.

Copied and carefully compared with the original in the Department of State. Punctuation, paragraphs, and capital letters, same as said original.

CONSTITUTION.

WE the people of the United States in order to form a more perfect union, establish justice, ensure 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.

ARTICLE I.

SECTION I.

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.

SECTION II.

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.

Edition: current; Page: [2]

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 service 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 thirty 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 shall have the sole power of impeachment.

SECTION III.

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 Edition: current; Page: [3] 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, which shall then fill such vacancies.

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 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 or affirmation. 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 farther 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.

SECTION IV.

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, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year. Edition: current; Page: [4] and such meeting shall be on the first Monday in December unless they shall by law appoint a different day.

SECTION V.

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 the 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.

SECTION VI.

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 Edition: current; Page: [5] 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.

SECTION VII.

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 determined 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 their 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 a 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 two-thirds of Edition: current; Page: [6] the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

SECTION VIII.

The Congress 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; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;

To establish an 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 calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions;

To provide for organizing, arming and disciplining, the Edition: current; Page: [7] 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 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 the 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.

SECTION IX.

The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year eighteen 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 or ex post facto law shall be passed.

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

No tax or duty shall be laid on articles exported from any State.

No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of Edition: current; Page: [8] another: nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.

No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

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 the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.

SECTION X.

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 and 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.

No State shall, without the consent of the 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.

No State shall, without the consent of Congress, lay any duty of 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 II.

SECTION I.

The executive power shall be vested in a President of the Edition: current; Page: [9] 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 as follows:

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 the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

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 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 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, 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, 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 Edition: current; Page: [10] the Senate shall choose from them by ballot the Vice-President.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same 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 a President shall be elected.

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased or diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

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 ability, preserve, protect, and defend the Constitution of the United States.

SECTION II.

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 Edition: current; Page: [11] 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, and which shall be established by law: 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.

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 their next session.

SECTION III.

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.

SECTION IV.

The President, Vice-President and all civil officers of the United States, shall be removed from office on impeachment Edition: current; Page: [12] for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION I.

The judicial power of the United States 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 behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

SECTION II.

The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and the 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, and between a State or the citizens thereof, and foreign States, citizens or subjects.

In all 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 the 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 crimes shall have been committed; but when Edition: current; Page: [13] not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

SECTION III.

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, or forfeiture except during the life of the person attainted.

ARTICLE IV.

SECTION I.

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.

SECTION II.

The citizens of each State shall be entitled to all the 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, to be removed to the State having jurisdiction of the crime.

No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation 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.

Edition: current; Page: [14]

SECTION III.

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 Legislature 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 claims of the United States, or of any particular State.

SECTION IV.

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 of the executive (when the legislature cannot be convened) against domestic violence.

ARTICLE V.

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 one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

Edition: current; Page: [15]

ARTICLE 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 or public trust under the United States.

ARTICLE VII.

The ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the States so ratifying the same.

Done in convention by the unanimous consent of the States present the seventeenth day of September 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.

Go. WASHINGTON,
president, and deputy from virginia.
NEW HAMPSHIRE CONNECTICUT.
John Langdon, William Samuel Johnson,
Nicholas Gilman. Roger Sherman.
massachusetts.
Nathaniel Gorham, new york.
Rufus King. Alexander Hamiltor
new jersey. maryland.
William Livingston, James M’Henry,
David Brearley, Daniel of St. Tho. Jenifer,
William Patterson, Daniel Carrol.
Jonathan Dayton. virginia.
pennsylvania. John Blair,
Benjamin Franklin, James Madison, jr.
Thomas Mifflin, north carolina.
Robert Morris, William Blount,
George Clymer, Richard Dobbs Spaight,
Thomas Fitzimons, Hugh Williamson.
Jared Ingersoll, south carolina.
James Wilson, John Rutledge,
Gouverneur Morris. Charles C. Pinckney,
delaware. Charles Pinckney,
George Reed, Pierce Butler.
Gunning Bedford, jun. georgia.
John Dickinson, William Few,
Richard Bassett, Abraham Baldwin.
Jacob Broom.
Attest:
WILLIAM JACKSON, Secretary.

IN CONVENTION.

Present — The States of New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

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 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, Edition: current; Page: [17] 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.

By the unanimous order of the Convention,
Go. WASHINGTON, President.
W. Jackson, Secretary.

IN CONVENTION.

Sir:

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, — should 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; hence 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 circumstance, 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 appears to us the greatest interest of every true American, the consolidation of our 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, on 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 or 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.

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With great respect, we have the honor to be, sir, your Excellency’s most obedient and humble servants. By the unanimous order of the Convention.

Go. WASHINGTON, President

His Excellency, the President of Congress.

THE UNITED STATES IN CONGRESS ASSEMBLED.

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 submit 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.

CHARLES THOMPSON, Secretary

AMENDMENTS.

ARTICLE I.

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.

ARTICLE II.

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.

ARTICLE III.

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 to be prescribed by law.

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ARTICLE IV.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

ARTICLE V.

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.

ARTICLE VI.

In all criminal prosecutions the accused shall enjoy the right to 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.

ARTICLE VII.

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 Edition: current; Page: [20] reëxamined in any court of the United States, than according to the rules of the common law.

ARTICLE VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ARTICLE IX.

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

ARTICLE X.

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.

ARTICLE XI.

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.

ARTICLE XII.

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 Edition: current; Page: [21] United States, directed to the President of the Senate: the President of the Senate shall, in 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 the 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.

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SKETCH OF ANTE-REVOLUTIONARY HISTORY.

[Condensed from Story’s Commentaries.]

The first permanent settlement made in America, under the auspices of England, was under a charter granted to Sir Thomas Gates and his associates, by James I. in the fourth year after his accession to the throne of England, (in 1606.) That charter granted to them the territories in America then commonly called Virginia, lying on the sea-coast between the 34th and the 45th degrees of north latitude, and the islands adjacent within 100 miles, which were not belonging to or possessed by any Christian prince or people. The associates were divided into two companies, one of which was required to settle between the 34th and 41st degrees of north latitude, and the other between the 38th and 45th degrees of north latitude, but not within 100 miles of the prior colony. By degrees, the name of Virginia was confined to the first or south colony. The second assumed the name of the Plymouth Company, from the residence of the original grantees; and New England was founded under their auspices. Each colony had exclusive propriety in all the territory within fifty miles from the first seat of their plantation.

The companies were authorized to engage, as colonists, any of the subjects of England who should be disposed to emigrate. All persons, being English subjects and inhabiting in the colonies, and every of their children born therein, were declared to have and possess all liberties, franchises, and immunities, within any other of the dominions of the crown, to all intents and purposes, as if they had been abiding and born within the realm of England, or any other dominions of the crown. The patentees were to hold the lands, &c., in the colony, of the king, his heirs and successors, as of the manor of East Greenwich in the county of Kent, in free and common soccage only, and not in capite; and were authorized to grant the same to the inhabitants of the colonies in such manner and form, and for such estates, as the council of the colony should direct.

In respect to political government, each colony was to be governed by a local council, appointed and removable at the pleasure of the crown, according to the royal instructions and ordinances from time to time promulgated. These councils were to be under the superior management and direction of another council sitting in England. A power was given to expel all intruders, and to lay a limited duty upon all persons trafficking with the colony; and a prohibition was imposed upon all the colonists against trafficking with foreign countries under the pretence of a trade from the mother country to the colonies.

The settlements in Virginia were earliest in point of date, and were fast advancing under a policy which subdivided the property among the settlers, instead of retaining it in common, and thus gave vigor to private enterprise. As the colony increased, the spirit of its members assumed more and more the tone of independence; and they grew restless and impatient for the privileges enjoyed under the government of their native country. To quiet this uneasiness, Sir George Yeardley, then the governor of the colony, in 1619 called a general assembly, composed of representatives from the various plantations in the colony, and permitted them to assume and exercise the high functions of legislation. Thus was Edition: current; Page: [23] formed and established the first representative legislature that ever sat in America. And this example of a domestic parliament, to regulate all the internal concerns of the country, was never lost sight of, but was ever afterwards cherished, throughout America, as the dearest birthright of freemen. So acceptable was it to the people, and so indispensable to the real prosperity of the colony, that the council in England were compelled, in 1621, to issue an ordinance, which gave it a complete and permanent sanction. In imitation of the constitution of the British Parliament, the legislative power was lodged — partly in the governor, who held the place of the sovereign; partly in a council of state named by the company; and partly in an assembly composed of representatives freely chosen by the people. Each branch of the legislature might decide by a majority of voices, and a negative was reserved to the governor. But no law was to be in force, though approved by all three of the branches of the legislature, until it was ratified by a general court of the company, and returned under its seal to the colony. The ordinance further required the general assembly, as also the council of state, “to imitate and follow the policy of the form of government, laws, customs, and manner of trial and other administration of justice, used in the realm of England, as near as may be.”

Charles I. adopted the notions, and followed out in its full extent the colonial system, of his father. He declared the colony to be a part of the empire annexed to the crown, and immediately subordinate to its jurisdiction. During the greater part of his reign, Virginia knew no other law than the will of the sovereign or his delegated agents; and statutes were passed, and taxes imposed, without the slightest effort to convene a colonial assembly. It was not until the murmurs and complaints, which such a course of conduct was calculated to produce, had betrayed the inhabitants into acts of open resistance to the governor, and into a firm demand of redress from the crown against his oppressions, that the king was brought to more considerate measures. He did not at once yield to their discontents; but, pressed as he was by severe embarrassments at home, he was content to adopt a policy which would conciliate the colony and remove some of its just complaints. He accordingly soon afterwards appointed Sir William Berkeley governor, with powers and instructions which breathed a far more benign spirit. He was authorized to proclaim that, in all its concerns, civil as well as ecclesiastical, the colony should be governed according to the laws of England. He was directed to issue writs for electing representatives of the people, who, with the governor and council, should form a general assembly clothed with supreme legislative authority; and to establish courts of justice, whose proceedings should be guided by the forms of the parent country. The rights of Englishmen were thus in a great measure secured to the colonists; and, under the government of this excellent magistrate, with some short intervals of interruption, the colony flourished with a vigorous growth for almost forty years. The revolution of 1688 found it, if not in the practical possession of liberty, at least with forms of government well calculated silently to cherish its spirit.

The laws of Virginia, during its colonial state, do not exhibit as many marked deviations, in the general structure of its institutions and civil polity, from those of the parent country, as those in the northern colonies. The common law was recognized as the general basis of its jurisprudence; and the legislature, with some appearance of boast, stated, soon Edition: current; Page: [24] after the restoration of Charles II., that they had “endeavored, in all things, as near as the capacity and constitution of this country would admit, to adhere to those excellent and often refined laws of England, to which we profess and acknowledge all due obedience and reverence.” The prevalence of the common law was also expressly provided for in all the charters successively granted, as well as by the royal declaration when the colony was annexed as a dependency to the crown. Indeed, there is no reason to suppose that the common law was not, in its leading features, very acceptable to the colonists; and in its general policy the colony closely followed in the steps of the mother country. Among the earliest acts of the legislature, we find the Church of England established as the only true church; and its doctrines and discipline were strictly enforced. All nonconformists were at first compelled to leave the colony; and a spirit of persecution was exemplified not far behind the rigor of the most zealous of the Puritans. The clergy of the established church were amply provided for by glebes and tithes, and other aids. Non-residence was prohibited, and a due performance of parochial duties peremptorily required. The laws, indeed, respecting the church, made a very prominent figure during the first fifty years of the colonial legislation. The first law allowing toleration to Protestant dissenters was in the year 1699, and merely adopts that of the statute of the 1st of William and Mary. Subject to this, the Church of England seems to have maintained an exclusive supremacy down to the period of the American Revolution. Marriages, except in special cases, were required to be celebrated in the parish church, and according to the rubric in the common-prayer book. The law of inheritance of the parent country was silently maintained down to the period of the American Revolution; and the distribution of intestate estates was closely fashioned upon the same general model. Devises also were regulated by the law of England; and no colonial statute appears to have been made on that subject until 1748, when one was enacted which contains a few deviations from it, probably arising from local circumstances. One of the most remarkable facts, in the juridical history of the colony, is the steady attachment of the colony to entails. By an act passed in 1705, it was provided, that estates tail should no longer be docked by fines or recoveries, but only by an act of the legislature in each particular case. And though this was afterwards modified, so as to allow entails to be destroyed in another manner, where the estate did not exceed £200 sterling in value, yet the general policy continued down to the American Revolution. In this respect, the zeal of the colony to secure entails, and perpetuate inheritances in the same family, outstripped that of the parent country. At a very early period the acknowledgment and registry of deeds and mortgages of real estate were provided for; and the non-registry was deemed a badge of fraud. The trial by jury, although a privilege resulting from their general rights, was guarded by special legislation. There was also an early declaration, that no taxes could be levied by the governor without the consent of the general assembly; and when raised, they were to be applied according to the appointment of the legislature. The burgesses also, during their attendance upon the assembly, were free from arrest. In respect to domestic trade, a general freedom was guarantied to all the inhabitants to buy and sell to the greatest advantage, and all engrossing was prohibited. The culture of tobacco seems to have been a constant object of solicitude; and it was encouraged by a long succession of acts sufficiently evincing the Edition: current; Page: [25] public feeling, and the vast importance of it to the prosperity of the colony. We learn from Sir William Berkeley’s answers to the lord commissioners, in 1671, that the population of the colony was at that time about 40,000: that the restrictions of the navigation act, cutting off all trade with foreign countries, were very injurious to them, as they were obedient to the laws. And “this (says he) is the cause why no small or great vessels are built here; for we are most obedient to all laws, whilst the New England men break through, and men trade to any place that their interest leads them.” This language is sufficiently significant of the restlessness of New England under these restraints upon its commerce. But his answer to the question respecting religious and other instruction in the colony would, in our times, create universal astonishment. — “I thank God (says he) there are no free schools nor printing; and I hope we shall not have these hundred years; for learning has brought disobedience, and heresy, and sects, into the world, and printing has divulged them, and libels against the best government. God keep us from both!” In 1680 a remarkable change was made in the colonial jurisprudence, by taking all judicial power from the assembly, and allowing an appeal from the judgments of the General Court to the king in council.

PLYMOUTH COLONIES.

On the 11th of November, 1620, those humble but fearless adventurers, the Plymouth colonists, before their landing, drew up and signed an original compact, in which, after acknowledging themselves subjects of the crown of England, they proceed to declare: “Having undertaken, for the glory of God, and the advancement of the Christian faith, and the honor of our king and country, a voyage to plant the first colony in the northern parts of Virginia, we do, by these presents, solemnly and mutually, in the presence of God and of one another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid. And by virtue hereof do enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions, and officers, from time to time, as shall be thought most meet and convenient for the general good of the colony; unto which we promise all due submission and obedience.” This is the whole of the compact, and it was signed by forty-one persons.

It is, in its very essence, a pure democracy; and, in pursuance of it, the colonists proceeded soon afterwards to organize the colonial government, under the name of the Colony of New Plymouth, to appoint a governor and other officers, and to enact laws. The governor was chosen annually by the freemen, and had at first one assistant to aid him in the discharge of his trust. Four others were soon afterwards added, and finally the number was increased to seven. The supreme legislative power resided in, and was exercised by, the whole body of the male inhabitants — every freeman, who was a member of the church, being admitted to vote in all public affairs. The number of settlements having increased, and being at a considerable distance from each other, a house of representatives was established in 1639, the members of which, as well as all other officers, were annually chosen. They adopted the common law of England as the general basis of their jurisprudence,—varying it however, from time to time, by municipal regulations better adapted to their situation, or conforming more exactly to their stern notions of the absolute authority and universal obligation of the Mosaic institutions.

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The Plymouth colonists acted, at first, altogether under the voluntary compact and association already mentioned. But they daily felt embarrassments from the want of some general authority, derived directly or indirectly from the crown, which should recognize their settlement and confirm their legislation. After several ineffectual attempts made for this purpose, they at length succeeded in obtaining, in January, 1629, a patent from the council established at Plymouth, in England, under the charter of King James, of 1620. This patent, besides a grant of the territory, upon the terms and tenure of the original patent of 1620, included an authority to the patentee (William Bradford) and his associates “to incorporate, by some usual or fit name and title, him or themselves, or the people there inhabiting under him or them, and their successors; from time to time to make orders, ordinances, and constitutions, as well for the better government of their affairs here, and the receiving or admitting any into their society, as also for the better government of his or their people, or his or their people at sea, in going thither or returning from thence; and the same to put or cause to be put in execution, by such officers and ministers as he or they shall authorize and depute; provided, that the said laws and orders be not repugnant to the laws of England, or the frame of government by the said president and council [of Plymouth Company] hereafter to be established.”

The charter of 1629 furnished them, however, with the color of delegated sovereignty, of which they did not fail to avail themselves. They assumed under it the exercise of the most plenary executive, legislative, and judicial powers, with but a momentary scruple as to their right to inflict capital punishments. They were not disturbed in the free exercise of these powers, either through the ignorance or the connivance of the crown, until after the restoration of Charles II. Their authority under their charter was then questioned; and several unsuccessful attempts were made to procure a confirmation from the crown. They continued to cling to it, until, in the general shipwreck of charters, in 1684, theirs was overturned. An arbitrary government was then established over them, in common with the other New England colonies, and they were finally incorporated into a province, with Massachusetts, under the charter granted to the latter by William and Mary, in 1691.

After providing for the manner of choosing their governor and legislature, as above stated, their first attention seems to have been directed to the establishment of “free liberties of the free-born people of England.” It was therefore declared, almost in the language of Magna Charta, that justice should be impartially administered unto all, not sold or denied; that no person should suffer “in respect to life, limb, liberty, good name, or estate, but by virtue or equity of some express law of the General Court, or the good and equitable laws of our nation suitable for us, in matters which are of a civil nature, (as by the court here hath been accustomed,) wherein we have no particular law of our own;” and none should suffer without being brought to answer by due course and process of law; that, in criminal and civil cases, there should be a trial by jury at all events upon a final trial on appeal, with the right to challenge for just cause; and, in capital cases, a peremptory right to challenge twenty jurors, as in England; that no party should be cast or condemned, unless upon the testimony of two sufficient witnesses, or other sufficient evidence, or circumstances, unless otherwise specially provided by law; that all persons of the age of twenty-one years, and of sound Edition: current; Page: [27] memory, should have power to make wills and other lawful alienations of their estate, whether they were condemned, or excommunicated, or other; except that, in treason, their personal estate should be forfeited; but their real estate was still to be at their disposal. All processes were directed to be in the king’s name. All trials in respect to land were to be in the county where it lay; and all personal actions, where one of the parties lived; and lands and goods were liable to attachment to answer the judgment rendered in any action. All lands were to descend according to the free tenure of lands of East Greenwich, in the county of Kent; and all entailed lands according to the law of England. All the sons were to inherit equally, except the eldest, who was to have a double share. If there were no sons, all the daughters were to inherit alike. Brothers of the whole blood were to inherit; and if none, then sisters of the whole blood. All conveyances of land were to be by deed only, acknowledged before some magistrate, and recorded in the public records. Among capital offences were enumerated, without any discrimination, idolatry, blasphemy, treasen, murder, witchcraft, bestiality, sodomy, false witness, man-stealing, cursing or smiting father or mother, rape, wilful burning of houses and ships, and piracy; while certain other offences, of a nature quite as immoral and injurious to society, received a far more moderate punishment. Undoubtedly, a reverential regard for the Scriptures placed the crimes of idolatry, blasphemy, and false witness, and cursing and smiting father and mother, among the capital offences. And, as might well be presumed from the religious sentiments of the people, ample protection was given to the church; and the maintenance of a public orthodox ministry, and of public schools, was carefully provided for.

MASSACHUSETTS.

Application was made for a charter to King Charles, who, accordingly, in March, 1628, granted to the grantees and their associates the most ample powers of government. The charter confirmed to them the territory already granted by the council established at Plymouth, to be holden of the crown, as of the royal manor of East Greenwich, “in free and common soccage, and not in capite, nor by knight’s service,” yielding to the crown one fifth part of all ore of gold and silver, &c., with the exception, however, of any part of the territory actually possessed or inhabited by any other Christian prince or state, or of any part of it within the bounds of the southern colony (of Virginia) granted by King James. It also created the associates a body politic by the name of “The Governor and Company of the Massachusetts Bay in New England,” with the usual powers of corporations. It provided, that the government should be administered by a governor, a deputy-governor, and eighteen assistants, from time to time elected out of the freemen of the company, which officers should have the care of the general business and affairs of lands and plantations, and the government of the people there; and it appointed the first governor, deputy-governor, and assistants, by name. It further provided, that a court or quorum, for the transaction of business, should consist of the governor, or the deputy-governor, and seven or more assistants, which should assemble as often as once a month for that purpose, and also that four great general assemblies of the company should be held in every year. In these great and general assemblies, (which were composed of the governor, deputy, assistants, and freemen present,) freemen were to be admitted free of the company, officers Edition: current; Page: [28] were to be elected, and laws and ordinances for the good and welfare of the colony made; “so as such laws and ordinances be not contrary or repugnant to the laws and statutes of this our realm of England.” At one of those great and general assemblies held in Easter Term, the governor, deputy, and assistants, and other officers, were to be annually chosen by the company present. The company were further authorized to transport any subjects, or strangers willing to become subjects, of the crown, to the colony, and to carry on trade to and from it, without custom or subsidy, for seven years, and were to be free of all taxation of imports or exports to and from the English dominion for the space of twenty-one years, with the exception of a five per cent. duty. The charter further provided, that all subjects of the crown, who should become inhabitants, and their children born there, or on the seas going or returning, should enjoy all liberties and immunities of free and natural subjects, as if they, and every of them, were born within the realm of England. Full legislative authority was also given, subject to the restriction of not being contrary to the laws of England, as also for the imposition of fines and mulcts “according to the course of other corporations in England.” Many other provisions were added, similar in substance to those found in the antecedent colonial charters of the crown.

The General Court, in their address to Parliament in 1646, in answer to the remonstrance of certain malcontents, used the following language: “For our government itself, it is framed according to our charter, and the fundamental and common laws of England, and carried on according to the same, (taking the words of eternal truth and righteousness along with them, as that rule by which all kingdoms and jurisdictions must render account of every act and administration in the last day,) with as bare an allowance for the disproportion between such an ancient, populous, wealthy kingdom, and so poor an infant, thin colony, as common reason can afford.” And they then proceeded to show the truth of their statement, by drawing a parallel, setting down in one column the fundamental and common laws and customs of England, beginning with Magna Charta, and, in a corresponding column, their own fundamental laws and customs. Among other parallels, after stating that the supreme authority in England is in the high court of Parliament, they stated, “The highest authority here is in the General Court, both by our charter and by our own positive laws.”

For three or four years after the removal of the charter, the governor and assistants were chosen, and all the business of the government was transacted, by the freemen assembled at large in a General Court. But the members having increased, so as to make a general assembly inconvenient, an alteration took place, and, in 1634, the towns sent representatives to the General Court. They drew up a general declaration, that the General Court alone had power to make and establish laws, and to elect officers; to raise moneys and taxes, and to sell lands; and that, therefore, every town might choose persons, as representatives, not exceeding two, who should have the full power and voices of all the freemen, except in the choice of officers and magistrates, wherein every freeman was to give his own vote. The system thus proposed was immediately established by common consent, although it is nowhere provided for in the charter. And thus was formed the second house of representatives (the first being in Virginia) in any of the colonies. At first, the whole of the magistrates (or assistants) and the representatives sat together, and as one body, in enacting all laws and orders. Edition: current; Page: [29] But at length, in 1644, they separated into two distinct and independent bodies, each of which possessed a negative upon the acts of the other. This course of proceeding continued until the final dissolution of the charter.

After the fall of the first colonial charter, in 1684, Massachusetts remained for some years in a very disturbed state, under the arbitrary power of the crown. At length a new charter was, in 1691, granted to the colony by William and Mary; and it henceforth became known as a province, and continued to act under this last charter until after the revolution. The charter comprehended within its territorial limits all the old colony of the Massachusetts Bay, the colony of New Plymouth, the province of Maine, the territory called Acadia, or Nova Scotia, and all the lands lying between Nova Scotia and Maine; and incorporated the whole into one province by the name of the Province of the Massachusetts Bay in New England, to be holden as of the royal manor of East Greenwich, in the county of Kent. It confirmed all prior grants made of lands to all persons, corporations, colleges, towns, villages, and schools. It reserved to the crown the appointment of the governor, and lieutenant-governor, and secretary of the province, and all the officers of the Court of Admiralty. It provided for the appointment, annually, of twenty-eight counsellors, who were to be chosen by the General Court, and nominated the first board. The governor and counsellors were to hold a council for the ordering and directing of the affairs of the province. The governor was invested with the right of nominating, and, with the advice of the council, of appointing all military officers, and all sheriffs, provosts, marshals, and justices of the peace, and other officers of courts of justice. He had also the power of calling the General Court, and of adjourning, proroguing, and dissolving it. He had also a negative upon all laws passed by the General Court. The General Court was to assemble annually on the last Wednesday of May; and was to consist of the governor and council for the time being, and of such representatives, being freeholders, as should be annually elected by the freeholders of each town who possessed a freehold of forty shillings annual value, or other estate to the value of forty pounds. Each town was entitled to two representatives; but the General Court was, from time to time, to decide on the number which each town should send. The General Court was invested with full authority to erect courts, to levy taxes, and make all wholesome laws and ordinances, “so as the same be not repugnant or contrary to the laws of England;” and to settle annually all civil officers, whose appointment was not otherwise provided for. All laws, however, were to be sent to England for approbation or disallowance; and if disallowed, and so signified under the sign manual and signet, within three years, the same thenceforth to cease and become void; otherwise to continue in force according to the terms of their original enactment. The General Court was also invested with authority to grant any lands in the colonies of Massachusetts, New Plymouth, and province of Maine, with certain exceptions. The governor and council were invested with full jurisdiction as to the probate of wills and granting administrations. The governor was also made commander-in-chief of the militia, with the usual martial powers; but was not to exercise martial law without the advice of the council.

In case of his death, removal, or absence, his authority was to devolve on the lieutenant-governor, or, if his office was vacant, then on the council. With a view also to advance the growth of the province by encouraging Edition: current; Page: [30] new settlements, it was expressly provided, that there should be “a liberty of conscience allowed in the worship of God to all Christians, except Papists;” and that all subjects inhabiting in the province, and their children born there, or on the seas going or returning, should have all the liberties and immunities of free and natural subjects, as if they were born within the realm of England. And in all cases an appeal was allowed from the judgments of any courts of the province to the king, in the privy council, in England, where the matter in difference exceeded three hundred pounds sterling. And, finally, there was a reservation of the whole admiralty jurisdiction to the crown; and of a right to all subjects to fish on the coasts.

After the grant of the provincial charter, in 1691, the legislation of the colony took a wider scope, and became more liberal, as well as more exact. At the very first session an act passed, declaring the general rights and liberties of the people, and embracing the principal provisions of Magna Charta on this subject. Among other things, it was declared, that no tax could be levied but by the General Court; that the trial by jury should be secured to all the inhabitants; and that all lands shall be free from escheats and forfeitures, except in cases of high treason. A habeas corpus act was also passed at the same session, but it seems to have been disallowed by the crown. Chalmers asserts that there is no circumstance, in the history of colonial jurisprudence, better established, than the fact that the habeas corpus act was not extended to the plantations until the reign of Queen Anne.

Lands were made liable to the payment of debts. The right of choosing their ministers was, after some struggles, secured in effect to the concurrent vote of the church and congregation in each parish, and the spirit of religious intolerance was in some measure checked, if not entirely subdued. Among the earliest acts of the provincial legislature, which were approved, were an act for the prevention of frauds and perjuries, conformable to that of Charles II.; an act for the observance of the Lord’s day; an act for solemnizing marriages by a minister or a justice of the peace; an act for the support of ministers and schoolmasters; an act for regulating towns and counties; and an act for the settlement and distribution of the estates of persons dying intestate.

NEW HAMPSHIRE.

In November, 1629, Captain John Mason obtained a grant, from the council of Plymouth, of all that part of the mainland in New England, “lying upon the sea-coast, beginning from the middle part of the Merrimack River, and thence to proceed northwards along the sea-coast to Piscataqua River, and so forwards up within the said river, and to the farthest head thereof; and from thence north-westwards until threescore miles be finished from the first entrance of Piscataqua River; and also from Merrimack through the said river, and to the farthest head thereof, and so forward up into the lands westwards, until threescore miles be finished; and from thence to cross overland to the threescore miles and accounted from Piscataqua River, together with all islands and islets within five leagues’ distance of the premises.” This territory was afterwards called New Hampshire. The land so granted was expressly subjected to the conditions and limitations in the original patent.

A further grant was made to Mason by the council of Plymouth about the time of the surrender of their charter, (22d April, 1635,) “beginning Edition: current; Page: [31] from the middle part of Naumkeag River, (Salem,) and from thence to proceed eastwards along the sea-coast to Cape Ann, and round about the same to Piscataqua Harbor; and then covering much of the land in the prior grant, and giving to the whole the name of New Hampshire.

In the exposition of its own charter, Massachusetts contended that its limits included the whole territory of New Hampshire; and, being at that time comparatively strong and active, she succeeded in establishing her jurisdiction over it, and maintained it with unabated vigilance forty years. The controversy was finally brought before the king in council; and in 1679, it was solemnly adjudged against the claim of Massachusetts. And it being admitted that Mason, under his grant, had no right to exercise any powers of government, a commission was, in the same year, issued by the crown for the government of New Hampshire.

New Hampshire continued down to the period of the revolution to be governed by commission as a royal province, and enjoyed the privilege of enacting her own laws through the instrumentality of a General Assembly, in the manner provided by the first commission.

The laws of New Hampshire, during its provincial state, partook very much the character of those of the neighboring province of Massachusetts.

MAINE.

In April, 1639, Sir Ferdinando Gorges obtained from the crown a confirmatory grant of all the land from Piscataqua to Sagadahock and the Kennebeck River, and from the coast into the northern interior one hundred and twenty miles; and it was styled “The Province of Maine.” Of this province he was made lord palatine, with all the powers, jurisdiction, and royalties, belonging to the bishop of the county palatine of Durham; and the lands were to be holden as of the manor of East Greenwich. The charter contains a reservation of faith and allegiance to the crown, as having the supreme dominion; and the will and pleasure of the crown is signified, that the religion of the Church of England be professed, and its ecclesiastical government established, in the province. It also authorizes the palatine, with the assent of the greater part of the freeholders of the province, to make laws, not repugnant or contrary, but as near as conveniently may be, to the laws of England, for the public good of the province; and to erect courts of judicature for the determination of all civil and criminal causes, with an appeal to the palatine. But all the powers of government, so granted, were to be subordinate to the “power and regement,” of the lords commissioners for foreign plantations for the time being.

A controversy between Massachusetts and the palatine, as to jurisdiction over the province, was brought before the privy council at the same time with that of Mason respecting New Hampshire, and the claim of Massachusetts was adjudged void. Before a final adjudication was had, Massachusetts had the prudence and sagacity, in 1677, to purchase the title of Gorges for a trifling sum; and thus, to the great disappointment of the crown, (then in treaty for the same object,) succeeded to it, and held it, and governed it as a provincial dependency until the fall of its own charter; and it afterwards, as we have seen, was incorporated with Massachusetts, in the provincial charter of 1691.

CONNECTICUT.

The colony of New Haven had a separate origin, and was settled by emigrants immediately from England, without any title derived from the Edition: current; Page: [32] patentees. They began their settlement in 1638, purchasing their lands of the natives; and entered into a solemn compact of government. By it no person was admitted to any office, or to have any voice at any election, unless he was a member of one of the churches allowed in the dominion. There was an annual election of the governor, the deputy, magistrates, and other officers, by the freemen. The General Court consisted of the governor, deputy, magistrates, and two deputies from each plantation.

Other courts were provided for; and Hutchinson observes, that their laws and proceedings varied in very few circumstances from Massachusetts, except that they had no jury, either in civil or criminal cases. All matters of facts were determined by the court.

Soon after the restoration of Charles II. to the throne, the colony of Connecticut, aware of the doubtful nature of its title to the exercise of sovereignty, solicited, and in April, 1662, obtained, from that monarch, a charter of government and territory. The charter included within its limits the whole colony of New Haven; and as this was done without the consent of the latter, resistance was made to the incorporation, until 1665, when both were indissolubly united, and have ever since remained under one general government.

In 1685, a quo warranto was issued by King James against the colony, for the repeal of the charter. No judgment appears to have been rendered upon it; but the colony offered its submission to the will of the crown; and Sir Edmund Andros, in 1687, went to Hartford, and, in the name of the crown, declared the government dissolved. They did not, however, surrender the charter; but secreted it in an oak, which is still venerated; and immediately after the revolution of 1688, they resumed the exercise of all its powers. The successors of the Stuarts silently suffered them to retain it until the American Revolution, without any struggle or resistance. The charter continued to be maintained as a fundamental law of the state until the year 1818, when a new constitution of government was framed and adopted by the people. The laws of Connecticut were, in many respects, similar to those of Massachusetts.

RHODE ISLAND.

Roger Williams succeeded in obtaining, from the Earl of Warwick, in 1643, a charter of incorporation of Providence Plantations; and also, in 1644, a charter from the two houses of Parliament (Charles I. being then driven from his capital) for the incorporation of the towns of Providence, Newport, and Portsmouth, for the absolute government of themselves, but according to the laws of England.

Under this charter an assembly was convened in 1647, consisting of the collective freemen of the various plantations. The legislative power was vested in a court of commissioners of six persons, chosen by each of the four towns then in existence. The whole executive power seems to have been vested in a president and four assistants, who were chosen from the freemen, and formed the supreme court for the administration of justice.

They continued to act under their former government until the restoration of Charles II. That event seems to have given great satisfaction to these plantations. They immediately proclaimed the king, and sent an agent to England; and in July, 1663, after some opposition, they succeeded in obtaining a charter from the crown.

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That charter incorporated the inhabitants, by the name of “the Governor and Company of the English Colony of Rhode Island and Providence Plantations, in New England, in America,” conferring on them the usual powers of corporations.

Rhode Island enjoys the honor of having been, if not the first, at least one of the earliest, of the colonies, and indeed of modern states, in which the liberty of conscience and freedom of worship were boldly proclaimed among its fundamental laws.

In December, 1686, Sir Edmund Andros, agreeably to his orders, dissolved their government, and assumed the administration of the colony. The revolution of 1688 put an end to his power; and the colony immediately afterwards resumed its charter, and, though not without some interruptions, continued to maintain and exercise its powers down to the period of the American Revolution. It still continues to act under the same charter as a fundamental law, it being the only state in the Union which has not formed a new constitution of government.

One of the most memorable circumstances in the history of New England is the early formation and establishment of a confederation of the colonies for amity, offence and defence, and mutual advice and assistance. The project was agitated as early as 1637; but difficulties having occurred, the articles of union were not finally adopted until 1643. In the month of May of that year, the colonies of Massachusetts, Connecticut, New Haven, and Plymouth, formed a confederacy, by the name of the United Colonies of New England, and entered into a perpetual league of friendship and amity, for offence and defence, and mutual advice and succor. The charges of all wars, offensive and defensive, were to be borne in common, and according to an apportionment provided for in the articles; and in case of invasion of any colony, the others were to furnish a certain proportion of armed men for its assistance. Commissioners appointed by each colony were to meet, and determine all affairs of war and peace, leagues, aids, charges, &c., and to frame and establish agreements and orders for other general interests. This union, so important, and necessary for mutual defence and assistance, during the troubles which then agitated the parent country, was not objected to by King Charles II. on his restoration; and, with some few alterations, it subsisted down to 1686, when all the charters were prostrated by the authority of King James. Rhode Island made application to be admitted into this union, but was refused, upon the ground that the territory was within the limits of Plymouth colony. It does not appear that subsequently the colony became a party to it.

MARYLAND.

The province of Maryland was included originally in the patent of the Southern or Virginia Company; and, upon the dissolution of that company, it reverted to the crown. King Charles I., on the 20th June, 1632, granted it by patent to Cecilius Calvert, Lord Baltimore, the son of George Calvert, Lord Baltimore, to whom the patent was intended to be made; but he died before it was executed. By the charter, the king erected it into a province, and gave it the name of Maryland, in honor of his queen, Henrietta Maria, the daughter of Henry IV. of France, to be held of the crown of England, he; yearly, forever, rendering two Indian arrows. The territory was bounded by a right line, drawn from Watkins’s Point, on Chesapeake Bay, to the ocean, on the east; thence to Edition: current; Page: [34] that part of the estuary of Delaware, on the north, which lieth under the 40th degree, where New England is terminated; thence, in a right line, by the degree aforesaid, to the meridian of the fountain of Potomac; thence, following its course by the farther bank, to its confluence with the Chesapeake, and thence to Watkins’s Point.

The first emigration made under the auspices of Lord Baltimore was in 1632, and consisted of about 200 gentlemen of considerable fortune and rank, and their adherents, being chiefly Roman Catholics. “He laid the foundation of this province (says Chalmers) upon the broad basis of security to property and of freedom of religion, granting, in absolute fee, fifty acres of land to every emigrant; establishing Christianity agreeably to the old common law, of which it is a part, without allowing preeminence to any particular sect. The wisdom of his choice soon converted a dreary wilderness into a prosperous colony.”

The first legislative assembly of Maryland, held by the freemen at large, was in 1634 — 1635; but little of their proceedings is known. No acts appear to have been adopted until 1638 — 1639, when provision was made, in consequence of an increase of the colonists, for a representative assembly, called the House of Assembly, chosen by the freemen; and the laws passed by the Assembly, and approved by the proprietary, or his lieutenant, were to be of full force.

At the same session, an act, which may be considered as in some sort a Magna Charta, was passed, declaring, among other things, that “Holy Church, within this province, shall have all her rights and liberties; that the inhabitants shall have all their rights and liberties according to the great charter of England;” and that the goods of debtors, if not sufficient to pay their debts, shall be sold and distributed pro rata, saving debts to the proprietary. In 1649, an act was passed punishing blasphemy, or denying the Holy Trinity, with death, and confiscation of goods and lands.

Under the protectorate of Cromwell, Roman Catholics were expressly denied any protection in the province; and all others, “who profess faith in God by Jesus Christ, though differing in judgment from the doctrine, worship, or discipline, publicly held forth,” were not to be restrained from the exercise of their religion. In 1696, the Church of England was established in the province: and in 1702, the liturgy, and rites, and ceremonies, of the Church of England, were required to be pursued in all the churches — with such toleration for dissenters, however, as was provided for in the act of William and Mary. And the introduction of the test and abjuration acts, in 1716, excluded all Roman Catholics from office.

It appears to have been a policy, adopted at no great distance of time after the settlement of the colony, to provide for the public registration of conveyances of real estates. In the silence of the statute book until 1715, it is presumed that the system of descents of intestates was that of the parent country. In that year an act passed which made the estate partible among all the children; and the system thus introduced has, in its substance, never since been departed from. Maryland too, like the other colonies was early alive to the importance of possessing the sole power of internal taxation; and accordingly, in 1650, it was declared that no taxes should be levied without the consent of the General Assembly.

Upon the revolution of 1688, the government of Maryland was seized into the hands of the crown, and was not again restored to the proprietary until 1716. From that period no interruption occurred until the American Revolution.

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NEW YORK.

Charles II., soon after his restoration, instigated as much by personal antipathy as by a regard for the interest of the crown, determined to maintain his right, and in March, 1664, granted a patent to his brother, the Duke of York and Albany, by which he conveyed to him the region extending from the western bank of the Connecticut to the eastern shore of the Delaware, together with Long Island, and conferred on him the powers of government, civil and military.

A part of this tract was afterwards conveyed by the duke, by deed of lease and release, in June of the same year, to Lord Berkeley and Sir George Carteret. By this latter grant they were entitled to all the tract adjacent to New England, lying westward of Long Island, and bounded on the east by the main sea, and partly by Hudson’s River, and upon the west by Delaware Bay or River, and extending southward to the main ocean as far as Cape May at the mouth of Delaware Bay, and to the northward as far as the northernmost branch of Delaware Bay or River, which is 41 degrees 40 minutes latitude; which tract was to be called by the name of Nova Cæsarea, or New Jersey. So that the territory then claimed by the Dutch as the New Netherlands was divided into the colonies of New York and New Jersey. In September, 1664, the Dutch colony was surprised by a British armament, which arrived on the coast, and was compelled to surrender to its authority.

No general assembly was called for several years; and the people having become clamorous for the privileges enjoyed by other colonists, the governor was, in 1682, authorized to call an assembly, which was empowered to make laws for the general regulation of the state, which, however, were of no force without the ratification of the proprietary. Upon the revolution of 1688, the people of New York immediately took side in favor of the Prince of Orange. From this era they were deemed entitled to all the privileges of British subjects, inhabiting a dependent province of the state.

As soon as the first royal governor arrived, in 1691, an assembly was called, which passed a number of important acts. Among others was an act virtually declaring their right of representation, and their right to enjoy the liberties and privileges of Englishmen by Magna Charta. It enacted, that the supreme legislative power should forever reside in a governor and council appointed by the crown, and the people by their representatives (chosen in the manner pointed out in the act) convened in General Assembly; that in all criminal cases, there should be a trial by a jury; that estates of femes covert should be conveyed only by deed upon privy examination; that wills in writing, attested by three or more credible witnesses, should be sufficient to pass lands; that there should be no fines upon alienations, or escheats and forfeitures of lands, except in cases of treason; that no person should hold any office, unless upon his appointment he would take the oaths of supremacy, and the test prescribed by the act of Parliament; that no tax or talliage should be levied but by the consent of the General Assembly.

Perhaps New York was more close in the adoption of the policy and legislation of the parent country, before the revolution, than any other colony.

NEW JERSEY

New Jersey, as we have already seen, was a part of the territory granted to the Duke of York, and was by him granted, in June, 1664, to Edition: current; Page: [36] Lord Berkeley and Sir George Carteret, with all the rights, royalties, and powers of government which he himself possessed. The proprietors, for the better settlement of the territory, agreed, in February, 1664—1665, upon a constitution or concession of government.

This constitution continued until the province was divided, in 1676, between the proprietors. By that division East New Jersey was assigned to Carteret; and West New Jersey to William Penn and others, who had purchased of Lord Berkeley. Carteret then explained and confirmed the former concessions for the territory thus exclusively belonging to himself. The proprietors also of West Jersey drew up another set of concessions for the settlers within that territory. They contain very ample privileges to the people.

Whether these concessions became the general law of the province seems involved in some obscurity. There were many difficulties and contests for jurisdiction between the governors of the Duke of York and the proprietors of the Jerseys; and these were not settled until after the duke, in 1680, finally surrendered all right to both by letters patent granted to the respective proprietors. In 1681, the governor of the proprietors of West Jersey, with the consent of the General Assembly, made a frame of government, embracing some of the fundamentals in the former concessions. There was to be a governor and council, and a General Assembly of representatives of the people. The General Assembly had the power to make laws, to levy taxes, and to appoint officers. Liberty of conscience was allowed, and no persons rendered incapable of office in respect of their faith and worship. West Jersey continued to be governed in this manner until the surrender of the proprietary government, in 1702.

Carteret died in 1679, and, being sole proprietor of East Jersey, by his will he ordered it to be sold for payment of his debts; and it was accordingly sold to William Penn and eleven others, who were called the Twelve Proprietors. They afterwards took twelve more into the proprietaryship; and to the twenty-four thus formed, the Duke of York, in March, 1682, made his third and last grant of East Jersey. Very serious dissensions soon arose between the two provinces themselves, as well as between them and New York, which banished moderation from their councils, and threatened the most serious calamities. A quo warranto was ordered by the crown, in 1686, to be issued against both provinces. East Jersey immediately offered to be annexed to West Jersey, and to submit to a governor appointed by the crown. Soon afterwards the crown ordered the Jerseys to be annexed to New England, and the proprietors of East Jersey made a formal surrender of its patent, praying only for a new grant, securing their right of soil. Before this request could be granted, the revolution of 1688 took place, and they passed under the allegiance of a new sovereign.

From this period, both of these provinces were in a state of great confusion and distraction; and remained so, until the proprietors of both made a formal surrender of all their powers of government, but not of their lands, to Queen Anne, in April, 1702. The queen immediately reunited both provinces into one province, and by commission appointed a governor over them.

PENNSYLVANIA.

Pennsylvania was originally settled by different detachments of planters under various authorities, Dutch, Swedes, and others, which at different Edition: current; Page: [37] times occupied portions of land on South or Delaware River. The ascendency was finally obtained over these settlements by the governors of New York, acting under the charter of 1664, to the Duke of York.

It continued in a feeble state until the celebrated William Penn, in March, 1681, obtained a patent from Charles II. by which he became the proprietary of an ample territory, which, in honor of his father, was called Pennsylvania. The boundaries described in the charter were on the east by Delaware River, from twelve miles distant northwards of New Castle town, to the 43d degree of north latitude, if the said river doth extend so far northward; but if not, then by said river so far as it doth extend; and from the head of the river, the eastern bounds are to be determined by a meridian line to be drawn from the head of said river unto the said 43d degree of north latitude. The said lands to extend westward five degrees in longitude, to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the 43d degree of north latitude; and on the south by a circle drawn at twelve miles’ distance from New Castle, northward and westward, to the beginning of the 40th degree of northern latitude; and then by a straight line westward to the limits of the longitude above mentioned. The charter constituted Penn the true and absolute proprietary of the territory thus described.

It authorized the proprietary, and his heirs and successors, to make all laws for raising money and other purposes, with the assent of the freemen of the country, or their deputies assembled for the purpose. But “the same laws were to be consonant to reason, and not repugnant or contrary, but, as near as conveniently may be, agreeable to law, and statutes and rights, of this our kingdom of England.” The laws for the descent and enjoyment of lands, and succession to goods, and of felonies, were to be according to the course in England, until altered by the Assembly. All laws were to be sent to England within five years after the making of them, and, if disapproved of by the crown within six months, to become null and void. It also authorized the proprietary to appoint judges and other officers; to pardon and reprieve criminals; to establish courts of justice, with a right of appeal to the crown from all judgments; to create cities and other corporations; to erect ports, and manors, and courts baron in such manors. Liberty was allowed to subjects to transport themselves and their goods to the province; and to import the products of the province into England; and to export them from thence within one year, the inhabitants observing the acts of navigation, and all other laws in this behalf made. It was further stipulated that the crown should levy no tax, custom, or imposition, upon the inhabitants, of their goods, unless by the consent of the proprietary or Assembly, “or by act of Parliament in England.”

Among other things truly honorable to the memory of this great man, Penn, is the tender regard and solicitude which, on all occasions, he manifested for the rights of the Indians, and the duties of the settlers towards them.

A new frame of government was, with the consent of the General Assembly, established in 1683. In 1692, Penn was deprived of the government of Pennsylvania by William and Mary; but it was again restored to him in the succeeding year. A third frame of government was established in 1696. This again was surrendered, and a new, final charter of government was, in October, 1701, with the consent of the Edition: current; Page: [38] General Assembly, established, under which the province continued to be governed down to the period of the American Revolution.

In the legislation of Pennsylvania, early provision was made (in 1683) for the descent and distribution of intestate estate, by which it was to be divided among all the children, the eldest son having a double share; and this provision was never afterwards departed from.

DELAWARE.

After Penn had become proprietary of Pennsylvania, he purchased of the Duke of York, in 1682, all his right and interest in the territory afterwards called the Three Lower Counties of Delaware, extending from the south boundary of the province, and situated on the western side of the River and Bay of Delaware to Cape Henlopen, beyond or south of Lewistown; and the three counties took the names of New Castle, Kent, and Sussex. At this time they were inhabited principally by Dutch and Swedes, and seem to have constituted an appendage to the government of New York.

In the same year, with the consent of the people, an act of union with the province of Pennsylvania was passed, and an act of settlement of the frame of government in a General Assembly, composed of deputies from the counties of Delaware and Pennsylvania. By this act the three counties were, under the name of the Territories, annexed to the province; and were to be represented in the General Assembly, governed by the same laws, and to enjoy the same privileges, as the inhabitants of Pennsylvania. Difficulties soon afterwards arose between the deputies of the province and those of the territories; and, after various subordinate arrangements, a final separation took place between them, with the consent of the proprietary, in 1703. From that period down to the American Revolution, the territories were governed by a separate legislature of their own, pursuant to the liberty reserved to them by a clause in the original charter or frame of government.

NORTH AND SOUTH CAROLINA.

In March, 1662, (April, 1663,) Charles II. made a grant, to Lord Clarendon and others, of the territory lying on the Atlantic Ocean, and extending from the north end of the island, called Hope Island, in the South Virginian seas, and within 36 degrees of north latitude; and to the west as far as the South Seas; and so respectively as far as the River Mathias, upon the coast of Florida, and within 31 degrees of north latitude; and so west in a direct line to the South Seas; and erected it into a province, by the name of Carolina, to be holden as the manor of East Greenwich, in Kent, in free and common soccage, and not in capite, or by knight service, subject immediately to the crown, as a dependency, forever.

The grantees were created absolute lords proprietaries, saving the faith, allegiance, and supreme dominion of the crown, and invested with as ample rights and jurisdictions as the Bishop of Durham possessed in his palatine diocese. The charter seems to have been copied from that of Maryland, and resembles it in many of its provisions.

It further required that all laws should “be consonant to reason, and, as near as may be conveniently, agreeable to the laws and customs of this Edition: current; Page: [39] our kingdom of England.” And it declared that the inhabitants and their children, born in the province, should be denizens of England, and entitled to all the privileges and immunities of British-born subjects.

In 1665, the proprietaries obtained from Charles II. a second charter with an enlargement of boundaries. It recited the grant of the forme, charter, and declared the limits to extend north and eastward as far as the north end of Currituck River or Inlet, upon a straight westerly line to Wyonoak Creek, which lies within or about 36 degrees 30 minutes of north latitude; and so west in a direct line as far as the South Seas; and south and westward as far as the degree of 29, inclusive, of northern latitude; and so west in a direct line as far as the South Seas.

Several detached settlements were made in Carolina, which were at first placed under distinct temporary governments: one was in Albemarle, another to the south of Cape Fear. Thus various independent and separate colonies were established, each of which had its own Assembly, its own customs, and its own laws—a policy which the proprietaries had afterwards occasion to regret, from its tendency to enfeeble and distract the province.

In the year 1669, the proprietaries, dissatisfied with the systems already established within the province, signed a fundamental constitution for the government thereof, the object of which is declared to be, “that we may establish a government agreeable to the monarchy, of which Carolina is a part, that we may avoid making too numerous a democracy.” This constitution was drawn up by the celebrated John Locke.

It provided that the oldest proprietary should be the palatine, and the next oldest should succeed him. Each of the proprietaries was to hold a high office. The rules of precedency were most exactly established. Two orders of hereditary nobility were instituted, with suitable estates, which were to descend with the dignity. The provincial legislature, dignified with the name of parliament, was to be biennial, and to consist of the proprietaries or their deputies, of the nobility, and of representatives of the freeholders chosen in districts. They were all to meet in one apartment, (like the ancient Scottish Parliament,) and enjoy an equal vote. No business, however, was to be proposed, until it had been debated in the grand council, (which was to consist of the proprietaries and forty-two counsellors,) whose duty it was to prepare bills. No act was of force longer than until the next biennial meeting of the Parliament, unless ratified by the palatine and a quorum of the proprietaries. All the laws were to become void at the end of a century, without any formal repeal. The Church of England (which was declared to be the only true and orthodox religion) was alone to be allowed a public maintenance by Parliament; but every congregation might tax its own members for the support of its own minister. Every man of seventeen years of age was to declare himself of some church or religious profession, and to be recorded as such; otherwise he was not to have any benefit of the laws. And no man was to be permitted to be a freeman of Carolina, or have any estate or habitation, who did not acknowledge a God, and that God is to be publicly worshipped. In other respects there was a guaranty of religious freedom. There was to be a public registry of all deeds and conveyances of lands, and of marriages and births. Every freeman was to have “absolute power and authority over his negro slaves, of what opinion or religion soever.” No civil or criminal cause was to be tried but by a jury of the peers of the party; but the verdict of a majority was binding. With a view to prevent Edition: current; Page: [40] unnecessary litigation, it was (with a simplicity which at this time may excite a smile) provided that “it shall be a base and vile thing to plead for money or reward;” and that, “since multiplicity of comments, as well as of laws, have great inconveniences, and serve only to obscure and perplex, all manner of comments and expositions on any part of these fundamental constitutions, or on any part of the common or statute law of Carolina, are absolutely prohibited.”

After a few years’ experience of its ill arrangements, and its mischievous tendency, the proprietaries, upon the application of the people, (in 1693,) abrogated the constitution, and restored the ancient form of government. Thus perished the labors of Mr. Locke; and thus perished a system, under the administration of which, it has been remarked, the Carolinians had not known one day of real enjoyment, and that introduced evils and disorders which ended only with the dissolution of the proprietary government!

There was, at this period, a space of three hundred miles between the southern and northern settlements of Carolina; and, though the whole province was owned by the same proprietaries, the legislation of the two great settlements had been hitherto conducted by separate and distinct assemblies — sometimes under the same governor, and sometimes under different governors. The legislators continued to remain distinct down to the period when a final surrender of the proprietary charter was made to the crown, in 1729. The respective territories were designated by the name of North Carolina and South Carolina, and the laws of each obtained a like appellation. Cape Fear seems to have been commonly deemed, in the commissions of the governor, the boundary between the two colonies.

At a little later period, (1732,) for the convenience of the inhabitants, the province was divided; and the divisions were distinguished by the names of North Carolina and South Carolina.

The form of government conferred on Carolina, when it became a royal province, was in substance this: It consisted of a governor and council appointed by the crown, and an Assembly chosen by the people; and these three branches constituted the legislature. The governor convened, prorogued, and dissolved the legislature, and had a negative upon the laws, and exercised the executive authority. He possessed also the powers of the court of chancery, of the admiralty, of supreme ordinary, and of appointing magistrates and militia officers. All laws were subject to the royal approbation or dissent, but were in the mean time in full force.

On examining the statutes of South Carolina, a close adherence to the general policy of the English laws is apparent. As early as the year 1712, a large body of the English statutes were, by express legislation, adopted as part of its own code; and all English statutes respecting allegiance, all the test and supremacy acts, and all acts declaring the rights and liberties of the subjects, or securing the same, were also declared to be in force in the province. All and every part of the common law, not altered by these acts, or inconsistent with the constitutions, customs, and laws of the province, was also adopted as part of its jurisprudence.

In respect to North Carolina, there was an early declaration of the legislature, (1715,) conformably to the charter, that the common law was, and should be, in force in the colony. All statute laws for maintaining the royal prerogative and succession to the crown; and all such laws made for the establishment of the church, and laws made for the indulgence Edition: current; Page: [41] to Protestant dissenters; and all laws providing for the privileges of the people, and security of trade; and all laws for the limitation of actions, and for preventing vexatious suits, and for preventing immorality and fraud, and confirming inheritances and titles of land, were declared to be in force in the province. The policy thus avowed was not departed from down to the period of the American Revolution; and the laws of descents, and the registration of conveyances, in both the Carolinas, was a silent result of their common origin and government.

GEORGIA

In the same year in which Carolina was divided, (1732,) a project was formed for the settlement of a colony upon the unoccupied territory between the Rivers Savannah and Alatamaha. The object of the projectors was to strengthen the province of Carolina, to provide a maintenance for the suffering poor of the mother country, and to open an asylum for the persecuted Protestants in Europe; and, in common with all the other colonies, to attempt the conversion and civilization of the natives. Upon application, George II. granted a charter to the company, (consisting of Lord Percival and twenty others, among whom was the celebrated Oglethorpe,) and incorporated them by the name of the “Trustees for establishing the Colony of Georgia, in America.” The charter conferred the usual powers of corporations in England, and authorized the trustees to hold any territories, &c., in America, for the better settling of a colony.

The charter further granted to the corporation seven undivided parts of all the territories lying in that part of South Carolina which lies from the northern stream of a river, there called the Savannah, all along the sea-coast, to the southward, unto the southernmost stream of a certain other great river, called the Alatamaha, and westward from the heads of the said rivers respectively in direct lines to the South Seas, to be held as of the manor of Hampton Court, in Middlesex, in free and common soccage, and not in capite. It then erected all the territory into an independent province, by the name of Georgia. It authorized the trustees, for the term of twenty-one years, to make laws for the province, “not repugnant to the laws and statutes of England,” subject to the approbation or disallowance of the crown, and after such approbation to be valid. The affairs of the corporation were ordinarily to be managed by the common council. It was further declared, that all persons born in the province should enjoy all the privileges and immunities of natural-born subjects in Great Britain. Liberty of conscience was allowed to all inhabitants in the worship of God, and a free exercise of religion to all persons except Papists. The corporation were also authorized, for the term of twenty-one years, to erect courts of judicature for all civil and criminal causes, and to appoint a governor, judges, and other magistrates. The registration of all conveyances of the corporation was also provided for. The governor was to take an oath to observe all the acts of Parliament relating to trade and navigation, and to obey all royal instructions pursuant thereto. The governor of South Carolina was to have the chief command of the militia of the province; and goods were to be imported and exported without touching at any port in South Carolina. At the end of the twenty-one years, the crown was to establish such form of government in the province, and such method of making laws therefor, as in its pleasure should be deemed meet, and all officers should be then appointed by the crown.

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It continued to languish, until at length the trustees, wearied with their own labors, and the complaints of the people, in June, 1751, surrendered the charter to the crown. Henceforward it was governed as a royal province, enjoying the same liberties and immunities as other royal provinces; and in process of time it began to flourish, and at the period of the American Revolution it had attained considerable importance among the colonies.

In respect to its ante-revolutionary jurisprudence, the same system prevailed as in the Carolinas, from which it sprang. Intestate estates descended according to the course of the English law.

GRADUAL APPROACHES TOWARDS INDEPENDENCE.

The first Congress of delegates, chosen and appointed by the several colonies and provinces in North America, to take into consideration the actual situation of the same, and the differences subsisting between them and Great Britain, was held at Carpenter’s Hall, in the city of Philadelphia, on the 5th of September, 1774. On that occasion, delegates attended from New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, from the city and county of New York and other counties in the province of New York, New Jersey, Pennsylvania, New Castle, Kent, and Sussex, on Delaware, Maryland, Virginia, and from South Carolina. Peyton Randolph was unanimously elected president of the Congress, and Charles Thomson unanimously chosen secretary.

On the 6th of September, Congress adopted rules in debating and determining questions. According to these, 1. Each colony or province had one vote. 2. No person could speak more than twice on the same point, without leave. 3. No question could be determined the day on which it was agitated and debated, if any one of the colonies desired the determination to be postponed to another day. 4. The door was to be kept shut during the time of business, and the members to consider themselves under the strongest obligations of honor to keep the proceedings secret, until the majority should direct them to be made public. At the same time, a committee was appointed to state the rights of the colonies in general, the several instances in which those rights had been violated or infringed, and the means most Edition: current; Page: [43] proper to be pursued for obtaining a restoration of them. A committee was also appointed to examine and report the several statutes which affected the trade and manufactures of the colonies.

The Congress was opened by prayer, a reverential formality that was subsequently observed; and, by an order of the directors of the Library Company of Philadelphia, of the 31st of August preceding, the delegates were allowed the use of such of the books of that institution as they might have occasion for during their sitting.

On the 14th of September, delegates from North Carolina took their seats. On the 19th of September, it was unanimously resolved that the Congress request the merchants and others, in the several colonies, not to send to Great Britain any orders for goods, and to direct the execution of all orders already sent to be delayed or suspended until the sense of the Congress on the means to be taken for the preservation of the liberties of America should be made public.

On the 24th of September, Congress resolved that the delegates would confine themselves to the consideration of such rights as had been infringed by acts of the British Parliament after the year 1763, postponing the further consideration of the general state of American rights to a future day.

On the 27th of September, the Congress unanimously resolved that, from and after the 1st of December, 1774, there should be no importation into British America, from Great Britain or Ireland, of any goods, wares, or merchandise, exported therefrom; and that they should not be used or purchased if imported after that day. On the 30th of September, it was further resolved that, from and after the 10th of September, 1775, the exportation of all merchandise, and every commodity whatsoever, to Great Britain, Ireland, and the West Indies, ought to cease, unless the grievances of America should be redressed before that time.

On the 6th of October, it was resolved to exclude from importation, after the 1st of December following, molasses, coffee, or pimento, from the British plantations, or from Dominica; wines from Madeira and the Western Islands; and foreign indigo. In consequence of a letter received from the Committee of Correspondence, at Boston, on the 6th of October, Congress, on the 7th, resolved to appoint a committee to prepare a letter to General Gage, representing Edition: current; Page: [44] that the town of Boston, and province of Massachusetts Bay, were considered, by all America, as suffering in the common cause, for their noble and spirited opposition to oppressive acts of Parliament, calculated to deprive the American people of their most sacred rights and privileges, &c. On the 8th of October, it was resolved that the Congress approve the opposition of the inhabitants of the Massachusetts Bay to the execution of the obnoxious acts of Parliament; and if the same should be attempted to be carried into execution by force, in such case all America ought to support them in their opposition; and on the 11th of October, the letter of remonstrance to General Gage, ordered on the 7th, was brought in and signed by the president. On the 11th, likewise, a memorial to the people of British America, stating the necessity of adhering to the measures of Congress, and an address to the people of Great Britain, were unanimously resolved on. On the 14th of October, Congress made a declaration, and framed resolves, relative to the rights and grievances of the colonies.

On the same day, Congress unanimously resolved, “that the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage according to the course of that law.” They further resolved, “that they were entitled to the benefit of such of the English statutes as existed at the time of their colonization, and which they have, by experience, respectively found to be applicable to their several and local circumstances.” They also resolved, that their ancestors, at the time of their immigration, were “entitled to all the rights, liberties, and immunities, of free and natural-born subjects within the realms of England.”

On the 20th day of October, the non-importation, non-consumption, and non-exportation agreement was adopted and signed by the Congress. This agreement contained a clause to discontinue the slave trade, and a provision not to import East India tea from any part of the world. In the article respecting non-exportations, the sending of rice to Europe was excepted. In general, the association expressed a determination to suppress luxury, encourage frugality, and promote domestic manufactures. The agreement was dated the 24th of October. On the 21st, the address to the people of Great Britain was approved, as was the memorial to the Edition: current; Page: [45] inhabitants of the British colonies, on the same day. Both these state papers contain a representation of the grievances, and a justification of the conduct, of the colonies. It was determined that an address should be prepared to the people of Quebec, in like manner, and letters be sent to the colonies of St. John’s, Nova Scotia, Georgia, and East and West Florida. On the 22d of October, Peyton Randolph being unable to attend, on account of indisposition, Henry Middleton was chosen to supply his place as president of Congress. On the same day, a letter to the colonies of St. John’s, &c., was reported, approved, and signed. It recommended an immediate adoption of the measures pursued by the Congress. On the 25th of October, a petition to the king was adopted, and was ordered to be enclosed in a letter to the several colony agents, in order that the same might be by them presented to his majesty, which letter was approved and signed by the president, on the day following. This petition recited the grievances of the colonies, and asked for a redress of them. On the 26th of October, the address to the inhabitants of Quebec was adopted and signed. It set forth the rights of the British colonists, breathed a spirit of sympathy in suffering, and invited a spirit of union in resistance. The Congress was then dissolved, having, on the 22d of October, passed a resolution recommending delegates to meet again at Philadelphia, on the 10th of May, 1775.

On the 10th of May, 1775, according to the recommendation of the preceding Congress, the delegates from the same several colonies, with the exception of Rhode Island, assembled at the State House, in Philadelphia; when Peyton Randolph was, a second time, unanimously elected president, and Charles Thomson unanimously chosen secretary. On the 13th of May, Lyman Hall was admitted to a seat in Congress, as a delegate from the parish of St. John’s, in the colony of Georgia; but not considering himself as the representative of that colony, he declined voting, except on occasions when the Congress did not vote by colonies. On the 15th of May, Lemuel Ward, a delegate from Rhode Island, appeared and took his seat. On the 16th of May, Congress resolved itself into a committee of the whole, on the state of America. On the 17th of May, it was unanimously resolved that all exportations to Quebec, Nova Scotia, the Island of St. John’s, Newfoundland, Georgia, (except Edition: current; Page: [46] the parish of St. John’s,) and to East and West Florida, immediately cease, and that no provision of any kind, or other necessaries, be furnished to the British fisheries on the American coasts, until it be otherwise determined by the Congress. On the 24th of May, Peyton Randolph, then president of Congress, being under a necessity of returning home, the chair became vacant, and John Hancock was unanimously elected president. On the 26th of May, Congress resolved, that the colonies be immediately put in a state of defence; that a fresh petition to the king, with a view to reconcile differences, be prepared; and that a letter to the people of Canada be reported. This letter was approved the day following, and ordered to be signed by the president. It solicits the friendship of the Canadians, calls upon them to assert their rights, and exhorts them against hostilities. On the 29th of May, a committee was appointed to consider the best means of establishing posts for conveying letters and intelligence through the continent.

On the 2d of June, Congress resolved, that no bill of exchange, draught, or order, of any officers in the British army or navy, their agents or contractors, be received, or negotiated, or any money supplied to them, by any person in America; that no provisions, or necessaries of any kind, be furnished or supplied to or for the use of the British army or navy in the colony of Massachusetts Bay; and that no vessel employed in transporting British troops to America, or from one part of North America to another, or warlike stores, or provisions for said troops, be freighted or furnished with provisions, or other necessaries, until further orders from the Congress. On the 3d of June, committees were appointed to draw a petition to the king, and to prepare addresses to the inhabitants of Great Britain and the people of Ireland; to bring in the draught of a letter to the inhabitants of Jamaica; and to bring in an estimate of the money necessary to be raised by the colonies. On the 7th of June, it was resolved, that the 20th day of July following should be observed throughout the twelve United Colonies, as a day of humiliation, fasting, and prayer. On the 9th of June, in consequence of a letter from the Convention of Massachusetts Bay, which had been previously under consideration, Congress resolved, that the governor and lieutenant-governor of that colony were to be considered as absent, and their offices Edition: current; Page: [47] vacant; and it was recommended to the Provincial Convention to write letters to the inhabitants of the several places which were entitled to representation in Assembly, requesting them to choose such representatives; and that the Assembly, when chosen, should elect counsellors, and that such Assembly, or Council, should exercise the powers of government, until a governor of his majesty’s appointment would consent to govern the colony according to its charter. On the 10th of June, several resolutions were passed for the collection of saltpetre and sulphur, and the manufacture of gunpowder. On the 14th of June, Congress resolved to raise several companies of riflemen, by enlistment, for one year, to serve in the American Continental army, established the pay of the officers and privates, and appointed a committee to prepare rules and regulations for the government of the army. On the 15th of June, it was resolved, that a general should be appointed to command all the Continental forces, raised, or to be raised, for the defence of American liberty; and, proceeding to the choice of a general, by ballot, George Washington was unanimously elected. On the preceding day, it was resolved to appoint major-generals, brigadier-generals, and other officers, necessary for the organization of a regular army. These warlike measures were the result of continued deliberations on the state of America, and the consequence of the military proceedings of the British at Lexington, in the province of Massachusetts Bay, on the 19th of April preceding; of the burning of Charlestown, near Boston; and of the various indications, on the part of Great Britain, of an intention to compel the colonies to submit by force of arms. Several military steps had been previously taken by the colonists, among which were the occupation of the posts of Crown Point and Ticonderoga. A commission for George Washington was made out, and signed by the president of Congress, on the 19th of June, in the following words: —

In Congress. The delegates of the United Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, New Castle, Kent, and Sussex, on Delaware, Maryland, Virginia, North Carolina, and South Carolina. — To George Washington, Esquire: We, reposing especial trust and confidence in your patriotism, conduct, and fidelity, do, by these presents, constitute and appoint you to be general and commander-in-chief of the army of the United Colonies, and of all the forces raised or to be raised by them, and of all Edition: current; Page: [48] others who shall voluntarily offer their service, and join the said army for the defence of the American liberty, and for repelling every hostile invasion thereof; and you are hereby vested with full power and authority to act as you shall think for the good and welfare of the service. And we do hereby strictly charge and require all officers and soldiers under your command to be obedient to your orders, and diligent in the exercise of their several duties. And we do also enjoin and require you to be careful in executing the great trust reposed in you, by causing strict discipline and order to be observed in the army, and that the soldiers are duly exercised, and provided with all convenient necessaries. And you are to regulate your conduct, in every respeet, by the rules and discipline of war, (as herewith given you,) and punctually to observe and follow such orders and directions, from time to time, as you shall receive from this or a future Congress of the said United Colonies, or a committee of Congress, for that purpose appointed. This commission to continue in force until revoked by this or a future Congress. By order of the Congress. John Hancock, President. Dated Philadelphia, June 19, 1775. Attested, Charles Thomson, Secretary.

The original of this commission has been preserved in the department of state, at Washington city. Congress at the same time resolved, that they would maintain, assist, and adhere to George Washington, with their lives and fortunes, in the same cause. On the 22d of June, it was resolved to emit a sum not exceeding two millions of Spanish milled dollars, in bills of credit, for the redemption of which the twelve confederated colonies were pledged. On the 24th of June, a resolution was entered into for devising ways and means to put the militia of America in a proper state for defence. On the 30th of June, Congress adopted rules and regulations for the government of the army. On the same day, the committee for Indian affairs was directed to prepare proper talks to the several tribes, for engaging the continuance of their friendship and neutrality.

On the 6th of July, a committee, previously appointed for that purpose, brought in a declaration by the representatives of the United Colonies of North America, setting forth the causes and necessity of their taking up arms, which was to be published by General Washington, upon his arrival at the camp before Boston. On the 8th of July, a petition to the king was signed by the members of Congress present, stating the merits of their claims, and soliciting the royal interposition for an accommodation of differences on just principles. An address to the inhabitants of Great Britain was at this time framed, justifying the measures which had been taken by the colonists, and invoking the sympathy and forbearance Edition: current; Page: [49] of their British brethren. A letter was also prepared, and signed by the president, to the lord mayor, aldermen, and livery of London, thanking them for the friendly disposition they had shown to the rights of America. On the 20th of July, Congress was informed, by a letter from the Convention of Georgia, that that colony had acceded to the general association, and had appointed delegates to attend the Congress. On the 25th of July, an address to the Assembly of Jamaica was agreed to, generally stating the grievances of the colonies, and thanking the Assembly for its good intentions. An additional sum, to the value of one million of Spanish milled dollars, was, on the same day, ordered to be struck in bills. On the 26th of July, Congress authorized the appointment of a postmaster-general for the United Colonies, to hold his office at Philadelphia, with power to appoint as many deputies as he might deem proper and necessary; and, under his direction, a line of posts was ordered from Falmouth, in New England, to Savannah, in Georgia, with as many cross posts as the postmaster-general should think fit. Benjamin Franklin was, by a unanimous vote, appointed to the office. On the 28th of July, an address to the people of Ireland was adopted, setting forth the motives and object of the colonists. On the 31st of July, Congress agreed to a report, which declared a resolution of the British House of Commons, of February 20, 1775, commonly called Lord North’s motion, inadmissible as the basis of reconciliation. The resolution referred to proposed to transfer the right of taxing the colonies, under certain restrictions, to the colonial assemblies. The terms it offered were rejected, among other reasons, because, in the opinion of the Congress, the proposition imported only a suspension of the mode, and not a renunciation of the pretended right to tax the colonies. At the same time, it was made the duty of a committee, in the recess of Congress, to inquire into the cheapest and easiest methods of making salt in the country, and to make inquiry after virgin lead and leaden ore, &c.

On the 1st of August, Congress adjourned to the 5th of September, 1775, having first passed a resolution declaring the non-exportation and non-importation association to comprise the islands of Jersey, Guernsey, Sark, Alderney, and Man, and every European island and settlement within the Edition: current; Page: [50] British dominions, as well as all the West India islands, British and foreign, to whatever state, power, or prince belonging, or by whomsoever governed; and also Somers’s Islands, Bahama Islands, Berbicia, and Surinam, on the Main, and every island and settlement within the latitude of the southern line of Georgia and the equator.

On the 5th of September, 1775, agreeably to adjournment, Congress again convened, but did not form a quorum to do business until the 13th, when delegates from Georgia appeared, produced their credentials, and took their seats. On the 25th September, Congress appointed a committee of accounts, or claims, consisting of one member from each of the United Colonies, to whom all accounts against the Continent were to be referred, and who were to examine and report the same for payment.

On the 6th of October, a resolution was passed, recommending to the several provisional assemblies or conventions, and councils or committees of safety, to arrest and secure every person, in their respective colonies, whose going at large might, in their opinion, endanger the safety of the colony, or the liberties of America. On the 13th of October, Congress ordered two armed vessels to be fitted out. On the 26th of October, Congress, having had under consideration the state of the trade of the United Colonies, resolved that it should be recommended to the several provincial assemblies, conventions, or councils of safety, to export to the foreign West Indies, on account and risk of their respective colonies, as much provisions, or other produce, except horned cattle, sheep, hogs, and poultry, as they might deem necessary, for the importation of arms, ammunition, sulphur, and saltpetre. On the 30th of October, two more armed vessels were directed to be fitted for sea.

On the 1st of November, the exportation of rice was prohibited to Great Britain, Ireland, or the islands of Jersey, Guernsey, Sark, Alderney, or Man, or any other European island or settlement within the British dominions. On the 3d of November, Congress resolved, that it should be recommended to the Provincial Convention of New Hampshire, which had applied for advice, to call a full and free representation of the people, and to establish such a form of government as would best promote the happiness of the people, &c., during the continuance of the dispute between Great Edition: current; Page: [51] Britain and the colonies. A similar resolution was entered into in relation to South Carolina. On the 8th of November, a draft of instructions was agreed to for R. R. Livingston, Robert Treat Paine, and J. Langdon, who were appointed to proceed to Ticonderoga, to consult with General Schuyler on the necessary operations in that quarter, and to exert their utmost endeavors to induce the Canadians to accede to a union with the colonies; to form, from their several parishes, a provincial convention; and to send delegates to Congress. At this time, likewise, all letters to and from the delegates of the United Colonies, during the sessions of Congress, were authorized to pass and be carried free of postage, the members having engaged upon honor not to frank or endorse any letters but their own. On the 10th of November, a similar privilege, without exception, was extended to all letters to and from the commander-in-chief of the Continental army, or the chief commander in the army, in the northern military department. On the same day, it was resolved to raise two battalions of marines. On the 11th of November, a resolution was entered into, authorizing the repair of the fortifications, &c., of Quebec, in case it should be taken from the British. On the 16th of November, it was resolved that no member of Congress should absent himself from that body without leave; and a rule was adopted, that every member should remain in his seat whilst any paper was reading or question was putting. On the 23d of November, Congress authorized the consideration of a plan for carrying on a trade with the Indians. On the 25th of November, resolutions were passed, directing seizures, and the capture, under commissions obtained from the Congress, together with the condemnation, of British vessels employed in a hostile manner against the colonies; the mode of trial and of condemnation was pointed out, and the shares of the prizes were apportioned. On the 28th of November, Congress adopted rules for the regulation of the navy of the United Colonies. On the 29th of November, Congress was informed of General Montgomery’s having, with the Continental troops, taken possession of Montreal on the 12th of that month. The same day an emission of bills of credit was resolved on, to the amount of three millions of dollars.

On the 2d of December, an exchange of prisoners was Edition: current; Page: [52] declared proper. On the 4th of December, it was recommended to the Convention of Virginia, if found necessary, to establish a liberal form of government in that colony, during the continuance of the dispute between Great Britain and the colonies, having first called a full and free representation of the people to determine upon it. This recommendation was occasioned by Lord Dunmore’s proclamation, declaring his intention to execute martial law in that province. On the 6th of December, Congress expressed a determination to retaliate for any undue severities exercised towards persons favoring, aiding, or abetting, the cause of American liberty. This was produced by a proclamation of rebellion, issued from the court of St. James on the 23d of August, 1775. On the 13th of December, a report was sanctioned for fitting out a naval armament, to consist, in the whole, of thirteen ships, five of thirty-two guns. On the 22d of December, officers were appointed to command the armed vessels, other legislative provisions, respecting pay, &c., having been previously made.

On the 6th of January, 1776, a regulation was adopted relative to the division of prizes and prize-money, taken by armed vessels, among officers and men. On the 9th of January, it was resolved that no postage should be paid for any letters to or from private soldiers, while engaged in actual service in defence of the United Colonies, and that they should be franked by some person authorized for that purpose. On the 11th of January, Congress ordained that persons refusing to receive the Continental bills of credit in payment, or who should obstruct and discourage the currency or circulation thereof, should, on conviction, be deemed, published, and treated, as an enemy of the country, and be precluded from all trade and intercourse with the inhabitants of the colonies. On the 27th of January, resolutions were entered into for carrying on trade with the Indians, and for procuring the necessary supply of goods for that purpose. On the 30th of January, it was resolved that no apprentice should be enlisted within the colonies of New Jersey, Pennsylvania, the counties on Delaware, or Maryland, as a soldier in the army or navy of the United Colonies, without the previous consent of his master or mistress, in writing; all those enlisted in a contrary manner were ordered to be discharged, on application, and a reimbursement of expenses incurred Edition: current; Page: [53] for enlistment; and every person under the age of twenty-one years, who had enlisted in the army or navy, was, within twenty-four hours thereafter, entitled to his discharge on refunding the amount of money and articles with which he had been supplied. It was, at the same time, recommended to creditors, who had claims against persons in the army or navy for less than thirty-five dollars, not to arrest the debtors until their terms of service had expired.

On the 17th of February, a standing committee of five was appointed for superintending the treasury, and Congress directed the emission of the further sum of four million dollars in bills of credit. On the 27th of February, the middle and southern colonies were divided into two military departments, in the following manner: New York, New Jersey, Pennsylvania, the lower counties on Delaware, and Maryland, to constitute one; Virginia, North Carolina, South Carolina, and Georgia, to constitute another; the former to be put under the command of a major-general, two brigadier-generals, and a proper staff; the latter under a major-general, three brigadier-generals, with a suitable staff.

On the 9th of March, it was resolved, that no oath, by way of test, should be exacted of the inhabitants of the colonies by military officers. On the 14th of March, a resolution was passed recommending a general disarming of disaffected persons throughout the colonies. On the 16th of March, the 17th of May following was appointed a day of general humiliation, fasting, and prayer. On the 21st of March, Congress recommended to the several provincial assemblies to exert their utmost endeavors to promote the culture of hemp, flax, and cotton, and the growth of wool, in the United Colonies; to take the earliest measures for erecting and establishing, in each colony, a society for the improvement of agriculture, arts, manufactures, and commerce; and forthwith to consider of the ways and means of introducing and improving the manufactures of duck, sail-cloth, and steel. On the 23d of March, resolutions were adopted authorizing the fitting out of private armed vessels, to cruise against the enemies of the United Colonies.

On the 1st of April, a resolution was passed for the institution and establishment of a treasury office of accounts, to be kept in the place where Congress might hold its sessions, and to be under the direction and superintendence of the Edition: current; Page: [54] standing committee for the treasury. It was resolved, moreover, that an auditor-general, and a competent number of assistants and clerks, should be appointed, for stating, arranging, and keeping of the public accounts. On the 2d of April, the form of a commission for private armed vessels was agreed upon. On the 3d of April, instructions to the commanders of private armed vessels were considered and adopted. They authorized the capture of all ships and other vessels belonging to the inhabitants of Great Britain, on the high seas, or between high-water and low-water marks, except vessels bringing persons who intended to settle and reside in the United Colonies, or conveying arms, ammunition, and warlike stores, for the use of such inhabitants of America as were friendly to the cause of liberty. On the 6th of April, several resolutions of a commercial nature were agreed to, authorizing exportations and importations, with certain exceptions, of the merchandise and products from and to countries other than such as were subject to the king of Great Britain; and it was recommended to the assemblies of the different colonies that officers should be appointed to superintend the execution of such regulations as might be made concerning trade. On this occasion, the importation of slaves was expressly prohibited. On the 16th of April, it was recommended to the council of safety of Maryland to cause the person and papers of Governor Eden to be seized and secured, in consequence of a belief that he had been carrying on a correspondence with the British ministry highly dangerous to the liberties of America. On the 17th of April, a bounty of eight dollars was allowed to the owner of every vessel for each able seaman, imported and discharged in American ports, over and above the ship’s company. On the 19th of April, letters directed to any general in the Continental service, commanding in a separate department, were allowed to be carried free of postage.

On the 6th of May, it was resolved that ten millions of dollars be raised, for the purpose of carrying on the war, for the year 1776; and measures were taken for treating with the Indians. On the 9th of May, a resolution passed for the emission of five millions of dollars in bills of credit, in part of the ten millions of dollars voted for the service of the year 1776. On the 10th of May, it was resolved to recommend to the respective assemblies and conventions of the United Edition: current; Page: [55] Colonies, where no government sufficient to the exigencies of their affairs had been established, to adopt such a government as should, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and of America in general. A preamble to this resolution, agreed to on the 15th of May, stated the intention to be totally to suppress the exercise of every kind of authority under the British crown.

On the 7th of June, certain resolutions respecting independency were moved and seconded. On the 10th of June, it was resolved, that a committee should be appointed to prepare a declaration to the following effect: “That the United Colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown; and that all political connection between them and the state of Great Britain, is, and ought to be, totally dissolved.” On the preceding day, it was determined that the committee for preparing the declaration should consist of five; and they were chosen accordingly, in the following order: Mr. Jefferson, Mr. J. Adams, Mr. Franklin, Mr. Sherman, and Mr. R. R. Livingston. On the 11th of June, a resolution was passed to appoint a committee to prepare and digest the form of a Confederation to be entered into between the colonies, and another committee to prepare a plan of treaties to be proposed to foreign powers. On the 12th of June, it was resolved, that a committee of Congress should be appointed, by the name of a board of war and ordnance, to consist of five members. On the 25th of June, a declaration of the deputies of Pennsylvania, met in provincial conference, expressing their willingness to concur in a vote declaring the United Colonies free and independent states, was laid before Congress, and read. On the 28th of June, the committee appointed to prepare a declaration of independence brought in a draft, which was read and ordered to lie on the table.

On the 1st of July, a resolution of the Convention of Maryland, passed the 28th of June, authorizing the deputies of that colony to concur in declaring the United Colonies free and independent states, was laid before Congress and read. On the same day, Congress resolved itself into a committee of the whole, to take into consideration the resolution respecting independency. On the 2d of July, a resolution Edition: current; Page: [56] declaring the colonies free and independent states, was adopted. A declaration to that effect was, on the same and the following days, taken into further consideration. Finally, on the 4th of July, the Declaration of Independence was agreed to, signed, and directed to be sent to the several assemblies, conventions, and committees, or councils of safety, and to the several commanding officers of the Continental troops, and to be proclaimed in each of the United States, and at the head of the army.

[In the Writings of Thomas Jefferson, Vol. I. p. 10, the following proceedings, on the adoption of the Declaration of Independence, are disclosed:

In Congress, Friday, June 7, 1776. The delegates from Virginia moved, in obedience to instructions from their constituents, that the Congress should declare that these United Colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; that measures should be immediately taken for procuring the assistance of foreign powers, and a confederation be formed to bind the colonies more closely together.

The house being obliged to attend, at that time, to some other business, the proposition was referred to the next day, when the members were ordered to attend punctually at ten o’clock.

Saturday, June 8. They proceeded to take it into consideration, and referred it to a committee of the whole, into which they immediately resolved themselves, and passed that day and Monday, the 10th, in debating on the subject.

It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson, and others, —

That, though they were friends to the measures themselves, and saw the impossibility that we should ever again be united with Great Britain, yet they were against adopting them at this time:

That the conduct we had formerly observed was wise and proper now, of deferring to take any capital step till the voice of the people drove us into it:

That they were our power, and without them our declarations could not be carried into effect:

That the people of the middle colonies (Maryland, Delaware, Pennsylvania, the Jerseys, and New York) were not yet ripe for bidding adieu to British connection, but that they were fast ripening, and, in a short time, would join in the general voice of America:

That the resolution entered by this house on the 15th of May, for suppressing the exercise of all powers derived from the crown, had shown, by the ferment into which it had thrown these middle colonies, that they had not yet accommodated their minds to a separation from the mother country:

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That some of them had expressly forbidden their delegates to consent to such a declaration, and others had given no instructions, and consequently no powers to give such consent:

That, if the delegates of any particular colony had no power to declare such colony independent, certain they were, the others could not declare it for them; the colonies being as yet perfectly independent of each other:

That the Assembly of Pennsylvania was now sitting above stairs; their Convention would sit within a few days; the Convention of New York was now sitting; and those of the Jerseys and Delaware counties would meet on the Monday following; and it was probable these bodies would take up the question of independence, and would declare to their delegates the voice of their state:

That, if such a declaration should now be agreed to, these delegates must retire, and possibly their colonies might secede from the Union:

That such a secession would weaken us more than could be compensated by any foreign alliance:

That, in the event of such a division, foreign powers would either refuse to join themselves to our fortunes, or, having us so much in their power as that desperate declaration would place us, they would insist on terms proportionably more hard and prejudicial:

That we had little reason to expect an alliance with those to whom alone, as yet, we had cast our eyes:

That France and Spain had reason to be jealous of that rising power, which would one day certainly strip them of all their American possessions:

That it was more likely they should form a connection with the British court, who, if they should find themselves unable otherwise to extricate themselves from their difficulties, would agree to a partition of our territories, restoring Canada to France, and the Floridas to Spain, to accomplish for themselves a recovery of these colonies:

That it would not be long before we should receive certain information of the disposition of the French court, from the agent whom we had sent to Paris for that purpose:

That, if this disposition should be favorable, by waiting the event of the present campaign, which we all hoped would be successful, we should have reason to expect an alliance on better terms:

That this would in fact work no delay of any effectual aid from such ally, as, from the advance of the season and distance of our situation, it was impossible we could receive any assistance during this campaign:

That it was prudent to fix among ourselves the terms on which we would form alliance, before we declared we would form one at all events:

And that, if these were agreed on, and our declaration of independence ready by the time our ambassador should be prepared to sail, it would be as well as to go into that declaration at this day.

On the other side, it was argued by J. Adams, Lee, Wythe, and others, that no gentleman had argued against the policy or the right of separation from Britain, nor had supposed it possible we should ever renew our connection; that they had only opposed its being now declared:

That the question was not whether, by a declaration of independence, we should make ourselves what we are not; but whether we should declare a fact which already exists:

That, as to the people or Parliament of England, we had always been independent of them, their restraints on our trade deriving efficacy from Edition: current; Page: [58] our acquiescence only, and not from any rights they possessed of imposing them; and that, so far, our connection had been federal only, and was now dissolved by the commencement of hostilities:

That, as to the king, we had been bound to him by allegiance, but that this bond was now dissolved by his assent to the late act of Parliament, by which he declares us out of his protection, and by his levying war on us — a fact which had long ago proved us out of his protection, it being a certain position in law, that allegiance and protection are reciprocal, the one ceasing when the other is withdrawn:

That James II. never declared the people of England out of his protection; yet his actions proved it, and the Parliament declared it:

No delegates then can be denied, or ever want, a power of declaring an existent truth:

That the delegates from the Delaware counties having declared their constituents ready to join, there are only two colonies, Pennsylvania and Maryland, whose delegates are absolutely tied up; and that these had, by their instructions, only reserved a right of confirming or rejecting the measure:

That the instructions from Pennsylvania might be accounted for from the time in which they were drawn, near a twelvemonth ago, since which the face of affairs has totally changed:

That, within that time, it had become apparent that Britain was determined to accept nothing less than a carte blanche, and that the king’s answer to the lord mayor, aldermen, and common council of London, which had come to hand four days ago, must have satisfied every one of this point:

That the people wait for us to lead the way:

That they are in favor of the measure, though the instructions given by some of their representatives are not:

That the voice of the representatives is not always consonant with the voice of the people, and that this is remarkably the case in these middle colonies:

That the effect of the resolution of the 15th of May has proved this, which, raising the murmurs of some in the colonies of Pennsylvania and Maryland, called forth the opposing voice of the freer part of the people, and proved them to be the majority even in these colonies:

That the backwardness of these two colonies might be ascribed, partly to the influence of proprietary power and connections, and partly to their having not yet been attacked by the enemy:

That these causes were not likely to be soon removed, as there seemed no probability that the enemy would make either of these the seat of this summer’s war:

That it would be vain to wait either weeks or months for perfect unanimity, since it was impossible that all men should ever become of one sentiment on any question:

That the conduct of some colonies, from the beginning of this contest, had given reason to suspect it was their settled policy to keep in the rear of the confederacy, that their particular prospect might be better, even in the worst event:

That, therefore, it was necessary for those colonies, who had thrown themselves forward, and hazarded all from the beginning, to come forward now also, and put all again to their own hazard:

That the history of the Dutch revolution, of whom three states only Edition: current; Page: [59] confederated at first, proved that a secession of some colonies would not be so dangerous as some apprehended:

That a declaration of independence alone could render it consistent with European delicacy for European powers to treat with us, or even to receive an ambassador from us:

That, till this, they would not receive our vessels into their ports, nor acknowledge the adjudications of our courts of admiralty to be legitimate, in cases of capture of British vessels:

That though France and Spain may be jealous of our rising power, they must think it will be much more formidable with the addition of Great Britain, and will therefore see it their interest to prevent a coalition; but should they refuse, we shall be but where we are; whereas, without trying, we shall never know whether they will aid us or not:

That the present campaign may be unsuccessful, and therefore we had better propose an alliance while our affairs wear a hopeful aspect:

That to wait the event of this campaign will certainly work delay, because, during this summer, France may assist us effectually, by cutting off those supplies of provisions, from England and Ireland, on which the enemy’s armies here are to depend; or by setting in motion the great power they have collected in the West Indies, and calling our enemy to the defence of the possessions they have there:

That it would be idle to lose time in settling the terms of alliance, till we had first determined we would enter into alliance:

That it is necessary to lose no time in opening a trade for our people, who will want clothes, and will want money too, for the payment of taxes:

And that the only misfortune is, that we did not enter into alliance with France six months sooner — as, besides opening her ports for the vent of our last year’s produce, she might have marched an army into Germany, and prevented the petty princes there from selling their unhappy subjects to subdue us.

It appearing, in the course of these debates, that the colonies of New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, were not yet matured for falling from the parent stem, but that they were fast advancing to that state, it was thought most prudent to wait awhile for them, and to postpone the final decision to July 1st; but, that this might occasion as little delay as possible, a committee was appointed to prepare a Declaration of Independence. The committee were John Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston, and Thomas Jefferson. Committees were also appointed, at the same time, to prepare a plan of confederation for the colonies, and to state the terms proper to be proposed for foreign alliance. The committee for drawing the Declaration of Independence desired T. Jefferson to do it. It was accordingly done, and, being approved by them, he reported it to the house on Friday, the 28th of June, when it was read, and ordered to lie on the table. On Monday, the 1st of July, the house resolved itself into a committee of the whole, and resumed the consideration of the original motion made by the delegates of Virginia, which, being again debated through the day, was carried in the affirmative by the votes of New Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, Maryland, Virginia, North Carolina, and Georgia. South Carolina and Pennsylvania voted against it. Delaware had but two members present, and they were divided. The delegates from New York declared they Edition: current; Page: [60] were for it themselves, and were assured their constituents were for it; but that their instructions having been drawn near a twelvemonth before, when reconciliation was still the general object, they were enjoined by them to do nothing which should impede that object. They therefore thought themselves not justifiable in voting on either side, and asked leave to withdraw from the question; which was given them. The committee rose, and reported their resolution to the house. Mr. Edward Rutledge, of South Carolina, then requested the determination might be put off to the next day, as he believed his colleagues, though they disapproved of the resolution, would then join in it for the sake of unanimity. The ultimate question, whether the house would agree to the resolution of the committee, was accordingly postponed to the next day, when it was again moved, and South Carolina concurred in voting for it. In the mean time, a third member had come post from the Delaware counties, and turned the vote of that colony in favor of the resolution. Members of a different sentiment attending that morning from Pennsylvania also, her vote was changed, so that the whole twelve colonies, who were authorized to vote at all, gave their voices for it; and, within a few days, (July 9,) the Convention of New York approved of it, and thus supplied the void occasioned by the withdrawing of her delegates from the vote.

Congress proceeded, the same day, to consider the Declaration of Independence, which had been reported, and laid on the table the Friday preceding, and on Monday referred to a committee of the whole. The pusillanimous idea that we had friends in England worth keeping terms with still haunted the minds of many. For this reason, those passages which conveyed censures on the people of England were struck out, lest they should give them offence. The clause, too, reprobating the enslaving the inhabitants of Africa, was struck out in complaisance to South Carolina and Georgia, who had never attempted to restrain the importation of slaves, and who, on the contrary, still wished to continue it. Our northern brethren also, I believe, felt a little tender under those censures; for, though their people had very few slaves themselves, yet they had been pretty considerable carriers of them to others. The debates, having taken up the greater parts of the 2d, 3d, and 4th days of July, were, on the evening of the last, closed; the Declaration was reported by the committee, agreed to by the House, and signed by every member present, except Mr. Dickinson.]

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA.

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

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We hold these truths to be self-evident — that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly, all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute depotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other laws, for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature — a right inestimable to them, and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people.

He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercise, the state remaining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within.

He has endeavored to prevent the population of these states, for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.

He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.

He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people, and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. Edition: current; Page: [62] He has affected to render the military independent of, and superior to, the civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws; giving his assent to their acts of pretended legislation:

For quartering large bodies of armed troops among us: — For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states: — For cutting off our trade with all parts of the world: — For imposing taxes on us without our consent: — For depriving us, in many cases, of the benefits of trial by jury: — For transporting us beyond seas to be tried for pretended offences — For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies: — For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the forms of our governments: — For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated government here, by declaring us out of his protection and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.

He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.

In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consaguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends.

We, therefore, the representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be, free and independent Edition: current; Page: [63] states; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

JOHN HANCOCK.

new hampshire. new jersey. virginia.
Josiah Bartlett, Richard Stockton, George Wythe,
William Whipple, John Witherspoon, Richard Henry Lee,
Matthew Thornton. Francis Hopkinson, Thomas Jefferson,
John Hart, Benjamin Harrison,
massachusetts bay. Abraham Clark. Thomas Nelson, Jr.,
Samuel Adams, pennsylvania. Francis Lightfoot Lee,
John Adams, Robert Morris, Carter Braxton.
Robert Treat Paine, Benjamin Rush, NORTH CAROLINA
Elbridge Gerry. Benjamin Franklin,
John Morton, William Hooper,
RHODE ISLAND, &c. George Clymer, Joseph Hewes,
Stephen Hopkins, James Smith, John Penn.
William Ellery. George Taylor,
James Wilson, south carolina.
connecticut. George Ross. Edward Rutledge,
Roger Sherman, delaware. Thomas Heyward, Jr.,
Samuel Huntington, Cesar Rodney, Thomas Lynch, Jr.,
William Williams, George Read, Arthur Middleton.
Oliver Wolcott. Thomas M’Kean. georgia.
new york. maryland. Button Gwinnett,
William Floyd, Samuel Chase, Lyman Hall,
Philip Livingston, William Paca, George Walton.
Francis Lewis, Thomas Stone,
Lewis Morris. C. Carroll, of Carrollton.

POLITICAL RIGHTS AND SOVEREIGNTY.

Respecting the political rights and sovereignty of the several colonies, and of the union which was thus spontaneously formed by the people of the United Colonies, by the declaration of independence, Judge Story, in his Commentaries on the Constitution, remarks: —

In the first place, antecedent to the declaration of independence, none of the colonies were, or pretended to be, sovereign states, in the sense in which the term “sovereign” is sometimes applied to the states. The term “sovereign,” or “sovereignty,” is used in different senses, which often leads to a confusion of ideas, and sometimes to very mischievous and unfounded conclusions. By “sovereignty,” in its largest sense, is meant supreme, absolute, uncontrollable power, the jus summi imperii. the absolute right to govern. A state or nation is a body politic, or society of men, united together for the purpose of promoting their mutual safety and advantage by their combined strength. By the very act of Edition: current; Page: [64] civil and political association, each citizen subjects himself to the authority of the whole; and the authority of all over each member essentially belongs to the body politic. A state which possesses this absolute power, without any dependence upon any foreign power or state, is in the largest sense a sovereign state. And it is wholly immaterial what is the form of the government, or by whose hands this absolute authority is exercised. It may be exercised by the people at large, as in a pure democracy; or by a select few, as in an absolute aristocracy; or by a single person, as in an absolute monarchy. But “sovereignty” is often used, in a far more limited sense than that of which we have spoken, to designate such political powers as, in the actual organization of the particular state or nation, are to be exclusively exercised by certain public functionaries, without the control of any superior authority. It is in this sense that Blackstone employs it, when he says that it is of “the very essence of a law, that it is made by the supreme power. Sovereignty and legislature are, indeed, convertible terms; one cannot subsist without the other.” Now, in every limited government, the power of legislation is, or at least may be, limited at the will of the nation; and therefore the legislature is not in an absolute sense sovereign. It is in the same sense that Blackstone says, “the law ascribes to the king of England the attribute of sovereignty or preeminence,” because, in respect to the powers confided to him, he is dependent on no man, and accountable to no man, and subjected to no superior jurisdiction. Yet the king of England cannot make a law; and his acts, beyond the powers assigned to him by the constitution, are utterly void.

In like manner, the word “state” is used in various senses. In its most enlarged sense, it means the people composing a particular nation or community. In this sense, the “state” means the whole people, united into one body politic; and the state, and the people of the state, are equivalent expressions. Mr. Justice Wilson, in his Law Lectures, uses the word “state” in its broadest sense. “In free states,” says he, “the people form an artificial person, or body politic, the highest and noblest that can be known. They form that moral person, which, in one of my former lectures, I described as a complete body of free, natural persons, united together for their common benefit; as having an understanding and a will; as deliberating, and resolving, and acting; as possessed of interests which it ought to manage; as enjoying rights which it ought to maintain; and as lying under obligations which it ought to perform. To this moral person we assign, by way of eminence, the dignified appellation of State.” But there is a more limited sense, in which the word is often used, where it expresses merely the positive or actual organization of legislative, executive, or judicial powers. Thus the actual government of a state is frequently designated by the name of the state. We say, the state has power to do this or that; the state has passed a law, or prohibited an act; meaning no more than that the proper functionaries, organized for that purpose, have power to do the act, or have passed the law, or prohibited the particular action. The sovereignty of a nation or state, considered with reference to its association, as a body politic, may be absolute and uncontrollable in all respects, except the limitations which it chooses to impose upon itself. But the sovereignty of the government, organized within the state, may be of a very limited nature. It may extend to a few, or to many objects. It may be unlimited, as to some; it may be restrained, as to others. To the extent of the power given, the government may be sovereign, Edition: current; Page: [65] and its acts may be deemed the sovereign acts of the state. Nay, the state, by which we mean the people composing the state, may divide its sovereign powers among various functionaries, and each, in the limited sense, would be sovereign in respect to the powers confided to each, and dependent in all other cases. Strictly speaking, in our republican forms of government, the absolute sovereigny of the nation is in the people of the nation; and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state.*

There is another mode in which we speak of a state as sovereign, and that is in reference to foreign states. Whatever may be the internal organization of the government of any state, if it has the sole power of governing itself, and is not dependent upon any foreign state, it is called a sovereign state; that is, it is a state having the same rights, privileges, and powers, as other independent states. It is in this sense that the term is generally used in treatises and discussions on the law of nations.

Now, it is apparent that none of the colonies, before the revolution, were, in the most large and general sense, independent or sovereign communities. They were all originally settled under, and subjected to, the British crown. Their powers and authorities were derived from, and limited by, their respective charters. All, or nearly all, of these charters controlled their legislation by prohibiting them from making laws repugnant, or contrary, to those of England. The crown, in many of them, possessed a negative upon their legislation, as well as the exclusive appointment of their superior officers, and a right of revision, by way of appeal, of the judgments of their courts. In their most solemn declarations of rights, they admitted themselves bound, as British subjects, to allegiance to the British crown; and, as such, they claimed to be entitled to all the rights, liberties, and immunities, of free-born British subjects. They denied all power of taxation, except by their own colonial legislatures; but at the same time they admitted themselves bound by acts of the British Parliament for the regulation of external commerce, so as to secure the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members. So far as respects foreign states, the colonies were not, in the sense of the law of nations, sovereign states, but mere dependencies of Great Britain. They could make no treaty, declare no war, send no ambassadors, regulate no intercourse or commerce, nor, in any other shape, act as sovereigns, in the negotiations usual between independent states. In respect to each other, they stood in the common relation of British subjects; the legislation of neither could be controlled by any other; but there was a common subjection to the British crown. If in any sense they might claim the attributes of sovereignty, it was only in that subordinate sense to which we have alluded, as exercising within a limited extent certain usual powers of sovereignty. They did not even affect to claim a local allegiance.

In the next place, the colonies did not severally act for themselves, and proclaim their own independence. It is true that some of the states had Edition: current; Page: [66] previously formed incipient governments for themselves; but it was done in compliance with the recommendations of Congress. Virginia, on the 29th of June, 1776, by a convention of delegates, declared “the government of this country, as formerly exercised under the crown of Great Britain, totally dissolved,” and proceeded to form a new constitution of government. New Hampshire also formed a government, in December; 1775, which was manifestly intended to be temporary, “during (as they said) the unhappy and unnatural contest with Great Britain.” New Jersey, too, established a frame of government, on the 2d of July, 1776; but it was expressly declared that it should be void upon a reconciliation with Great Britain. And South Carolina, in March, 1776, adopted a constitution of government; but this was, in like manner, “established until an accommodation between Great Britain and America could be obtained.” But the declaration of the independence of all the colonies was the united act of all. It was “a declaration by the representatives of the United States of America in Congress assembled;” “by the delegates appointed by the good people of the colonies,” as in a prior declaration of rights they were called. It was not an act done by the state governments then organized; nor by persons chosen by them. It was emphatically the act of the whole people of the United Colonies, by the instrumentality of their representatives, chosen for that among other purposes. It was an act not competent to the state governments, or any of them, as organized under their charters, to adopt. Those charters neither contemplated the case, nor provided for it. It was an act of original, inherent sovereignty by the people themselves, resulting from their right to change the form of government, and to institute a new government, whenever necessary for their safety and happiness. So the Declaration of Independence treats it. No state had presumed of itself to form a new government, or to provide for the exigencies of the times, without consulting Congress on the subject; and when they acted, it was in pursuance of the recommendation of Congress. It was, therefore, the achievement of the whole for the benefit of the whole. The people of the United Colonies made the United Colonies free and independent states, and absolved them from allegiance to the British crown. The Declaration of Independence has accordingly always been treated as an act of paramount and sovereign authority, complete and perfect per se, and ipso facto working an entire dissolution of all political connection with, and allegiance to, Great Britain; and this, not merely as a practical fact, but in a legal and constitutional view of the matter by courts of justice.

In the debates in the South Carolina legislature, in January, 1788, respecting the propriety of calling a convention of the people to ratify or reject the Constitution, a distinguished statesman used the following language: “This admirable manifesto (i. e. the Declaration of Independence) sufficiently refutes the doctrine of the individual sovereignty and independence of the several states. In that Declaration the several states are not even enumerated; but after reciting, in nervous language, and with convincing arguments, our right to independence, and the tyranny which compelled us to assert it, the Declaration is made in the following words: ‘We, therefore, the representatives of the United States, &c., do, in the name, &c., of the good people of these colonies, solemnly publish, &c., that these United Colonies are, and of right ought to be, free and independent states.’ The separate independence and individual sovereignty of the several states were never thought of by the enlightened band of Edition: current; Page: [67] patriots who framed this Declaration. The several states are not even mentioned by name in any part, as if it was intended to impress the maxim on America, that our freedom and independence arose from our union, and that without it we could never be free or independent. Let us then consider all attempts to weaken this union, by maintaining that each state is separately and individually independent, as a species of political heresy, which can never benefit us, but may bring on us the most serious distresses.”

OCCURRENCES INCIDENT TO ACT OF CONFEDERATION

During the time that the Declaration of Independence was under consideration, Congress took the necessary measures for the formation of a constitutional plan of union. On the 11th of June, 1776, it was resolved, that a committee should be appointed to prepare and digest the form of a confederation to be entered into between the colonies; and on the day following, after it had been determined that the committee should consist of a member from each colony, the following persons were appointed to perform that duty, to wit: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R. Livingston, Mr. Dickinson, Mr. M’Kean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. Upon the report of this committee, the subject was from time to time debated, until the 15th of November, 1777, when a copy of the Confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was finally agreed to. Congress, at the same time, directed that the Articles should be proposed to the legislatures of all the United States, to be considered; and, if approved of by them, they were advised to authorize their delegates to ratify the same in the Congress of the United States; which being done, the same should become conclusive. Three hundred copies of the Articles of Confederation were ordered to be printed for the use of Congress; and on the 17th of November, the form of a circular letter, to accompany them, was brought in by a committee appointed to prepare it, and, being agreed to, thirteen copies of it were ordered to be made out, to be signed by the president, and forwarded to the several states, with copies of the Confederation. On the 29th of November ensuing, a committee of three was appointed, to procure a translation of the Articles to be made into the French language, and to report an address to the inhabitants of Canada, &c.

On the 26th of June, 1778, the form of a ratification of the Articles of Confederation was adopted; and it was ordered that the whole should be engrossed on parchment, with a view that the same should be signed by the delegates, in virtue of the powers furnished by the several states. On the 20th of June, 1778, Congress resolved, that the delegates of the states, beginning with New Hampshire, should be called upon for the report of their constituents upon the Confederation, and the powers committed to them, and that no amendments should be proposed but such as came from a state. Upon subsequent examination, it appeared that New Hampshire, New York, Virginia, and North Carolina, accepted the Articles as they stood, with a proviso, on the part of New York, that the same should not Edition: current; Page: [68] be binding on the state until all the other states in the Union should ratify the same. Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland, and South Carolina, proposed alterations, additions, or amendments, which, upon their being considered by the Congress, were all rejected. The delegate from Georgia, when called on, stated, that he had not received any instructions from his constituents respecting the Articles of Confederation; but that, his state having shown so much readiness to ratify them, even in an imperfect form, and it being so much for their interest that the Confederation should be ratified, he had no doubt of their agreeing to the Articles as they stood. Delaware and North Carolina having no delegates present in Congress, no report was received from them; but North Carolina had signified her unanimous accession, by a letter from Governor Caswell, of the 26th of April, 1778. On the 9th of July of that year, the ratification of the Articles of Confederation, having been engrossed on a roll of parchinent, was examined, the blanks filled up, and it was signed, on the part and in behalf of their respective states, by the delegates of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Virginia, and South Carolina, agreeably to the powers vested in them. The delegates of the states of New Jersey, Delaware, and Maryland, informed Congress that they had not yet received powers to ratify and sign. North Carolina and Georgia were not at that time represented in Congress. A committee was appointed to prepare a circular letter to such states as had not authorized their delegates to ratify the Confederation, which was brought in and adopted, as follows:—

Sir: Congress, intent upon the present and future security of these United States, has never ceased to consider a confederacy as the great principle of union, which can alone establish the liberty of America, and exclude forever the hopes of its enemies. Influenced by considerations so powerful, and duly weighing the difficulties which oppose the expectation of any plan being formed that can exactly meet the wishes and obtain the approbation of so many states, differing essentially in various points, Congress have, after mature deliberation, agreed to adopt, without amendments, the Confederation transmitted to the several states for their approbation. The states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Virginia, North Carolina, and South Carolina, have ratified the same, and it remains only for your state, with those of —, to conclude the glorious compact, which, by uniting the wealth, strength, and councils of the whole, may bid defiance to external violence and internal dissensions, whilst it secures the public credit both at home and abroad. Congress is willing to hope that the patriotism and good sense of your state will be influenced by motives so important; and they request, sir, that you will be pleased to lay this letter before the legislature of —, in order that, if they judge it proper, their delegates may be instructed to ratify the Confederation with all convenient despatch; trusting to future deliberations to make such alterations and amendments as experience may show to be expedient and just.

I have the honor to be, &c.

On the 21st of July, 1778, the delegates of North Carolina, being then empowered, signed the ratification; those of Georgia, being also authorized, signed it on the 24th of the same month. The delegates of New Jersey, in virtue of full powers, affixed their signatures on the 26th of November following. On the 5th of May, 1779, Mr. Dickinson and Mr. Vandyke signed the Articles of Confederation in behalf of the state of Delaware, Mr. M’Kean having previously signed them in February, at which time he produced a power to that effect. Maryland did not ratify until the year 1781. She had instructed her delegates, on the 15th of December, 1778, not to agree to the Confederation, until matters respecting the western lands should be settled on principles of equity and sound Edition: current; Page: [69] policy; but, on the 30th of January, 1781, finding that the enemies of the country took advantage of the circumstance to disseminate opinions of an ultimate dissolution of the Union, the legislature of the state passed an act to empower their delegates to subscribe and ratify the Articles, which was accordingly done by Mr. Hanson and Mr. Carroll, on the 1st of March of that year, which completed the ratifications of the act; and Congress assembled on the 2d of March under the new powers.

OFFICIAL LETTER ACCOMPANYING ACT OF CONFEDERATION.

Congress having agreed upon a plan of confederacy for securing the freedom, sovereignty, and independence of the United States, authentic copies are now transmitted for the consideration of the respective legislatures.

This business, equally intricate and important, has, in its progress, been attended with uncommon embarrassment and delay, which the most anxious solicitude and persevering diligence could not prevent. To form a permanent union, accommodated to the opinion and wishes of the delegates of so many states, differing in habits, produce, commerce, and internal police, was found to be a work which nothing but time and reflection, conspiring with a disposition to conciliate, could mature and accomplish.

Hardly is it to be expected that any plan, in the variety of provisions essential to our union, should exactly correspond with the maxims and political views of every particular state. Let it be remarked, that, after the most careful inquiry, and the fullest information, this is proposed as the best which could be adapted to the circumstances of all, and as that alone which affords any tolerable prospect of general ratification.

Permit us, then, earnestly to recommend these Articles to the immediate and dispassionate attention of the legislatures of the respective states. Let them be candidly reviewed under a sense of the difficulty of combining in one general system the various sentiments and interests of a continent divided into so many sovereign and independent communities; under a conviction of the absolute necessity of uniting all our councils, and all our strength, to maintain and defend our common liberties; let them be examined with a liberality becoming brethren and fellow-citizens surrounded by the same imminent dangers, contending for the same illustrious prize, and deeply interested in being forever bound and connected together by ties the most intimate and indissoluble; and, finally, let them be adjusted with the temper and magnanimity of wise and patriotic legislators, who, while they are concerned for the prosperity of their own more immediate circle, are capable of rising superior to local attachments, when they may be incompatible with the safety, happiness, and glory, of the general confederacy.

We have reason to regret the time which has elapsed in preparing this plan for consideration: with additional solicitude we look forward to that which must be necessarily spent before it can be ratified. Every motive loudly calls upon us to hasten its conclusion.

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More than any other consideration, it will confound our foreign enemies, defeat the flagitious practices of the disaffected, strengthen and confirm our friends, support our public credit, restore the value of our money, enable us to maintain our fleets and armies, and add wight and respect to our councils at home and to our treaties abroad.

In short, this salutary measure can no longer be deferred. It seems essential to our very existence as a free people; and, without it, we may soon be constrained to bid adieu to independence, to liberty, and safety — blessings which, from the justice of our cause, and the favor of our Almighty Creator, visibly manifested in our protection, we have reason to expect, if, in an humble dependence on his divine providence, we strenuously exert the means which are placed in our power.

To conclude: If the legislature of any state shall not be assembled, Congress recommend to the executive authority to convene it without delay; and to each respective legislature it is recommended to invest its delegates with competent powers, ultimately, in the name and behalf of the state, to subscribe Articles of Confederation and Perpetual Union of the United States, and to attend Congress for that purpose on or before the 10th day of March next.

JEFFERSON’S NOTES OF DEBATE ON CONFEDERATION

On Friday, July 12, the committee appointed to draw the Articles of Confederation reported them, and on the 22d the house resolved themselves into a committee to take them into consideration. On the 30th and 31st of that month, and 1st of the ensuing, those articles were debated which determined the proportion, or quota, of money which each state should furnish to the common treasury, and the manner of voting in Congress. The first of these articles was expressed, in the original draft, in these words: —

“Art. XI. All charges of war, and all other expenses that shall be incurred for the common defence, or general welfare, and allowed by the United States assembled, shall be defrayed out of a common treasury, which shall be supplied by the several colonies in proportion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes, in each colony, — a true account of which, distinguishing the white inhabitants, shall be triennially taken, and transmitted to the Assembly of the United States.”

Mr. CHASE moved that the quotas should be fixed, not by the number of inhabitants of every condition, but by that of the “white inhabitants.” He admitted that taxation should be always in proportion to property; that this was, in theory, the true rule; but that, from a variety of difficulties, it was a rule which could never be adopted in practice. The value of the property in every state could never be estimated Edition: current; Page: [71] justly and equally. Some other measures for the wealth of the state must therefore be devised, some standard referred to, which would be more simple. He considered the number of inhabitants as a tolerably good criterion of property, and that this might always be obtained. He therefore thought it the best mode which we could adopt, with one exception only: he observed that negroes are property, and, as such, cannot be distinguished from the lands or personalties held in those states where there are few slaves; that the surplus of profit which a northern farmer is able to lay by, he invests in cattle, horses, &c., whereas a southern farmer lays out the same surplus in slaves. There is no more reason, therefore, for taxing the Southern States on the farmer’s head, and on his slave’s head, than the Northern ones on their farmers’ heads and the heads of their cattle; that the method proposed would, therefore, tax the Southern States according to their numbers and their wealth conjunctly, while the Northern would be taxed on numbers only; that negroes, in fact, should not be considered as members of the state, more than cattle, and that they have no more interest in it.

Mr. JOHN ADAMS observed, that the numbers of people are taken, by this article, as an index of the wealth of the state, and not as subjects of taxation; that, as to this matter, it was of no consequence by what name you called your people, whether by that of freemen or of slaves; that, in some countries, the laboring poor are called freemen, in others they were called slaves; but that the difference as to the state was imaginary only. What matters it whether a landlord, employing ten laborers on his farm, give them annually as much money as will buy them the necessaries of life, or give them those necessaries at short hand? The ten laborers add as much wealth to the state, increase its exports as much, in the one case as the other. Certainly five hundred freemen produce no more profits, no greater surplus for the payment of taxes, than five hundred slaves. Therefore the state in which are the laborers called freemen, should be taxed no more than that in which are those called slaves. Suppose, by an extraordinary operation of nature or of law, one half the laborers of a state could, in the course of one night, be transformed into slaves; would the state be made the poorer, or the less able to pay taxes? That the condition of the laboring poor in most countries — that of Edition: current; Page: [72] the fishermen, particularly, of the Northern States — is as abject as that of slaves. It is the number of laborers which produces the surplus for taxation; and numbers, therefore, indiscriminately, are the fair index to wealth; that it is the use of the word “property” here, and its application to some of the people of the state, which produce the fallacy. How does the southern farmer procure slaves? Either by importation, or by purchase from his neighbor. If he imports a slave, he adds one to the number of laborers in his country, and, proportionably, to its profits, and ability to pay taxes. If he buys from his neighbor, it is only a transfer of a laborer from one farm to another, which does not change the annual produce of the state, and therefore should not change its tax; that if a northern farmer works ten laborers on his farm, he can, it is true, invest the surplus of ten men’s labor in cattle; but so may the southern farmer, working ten slaves; that a state of one hundred thousand freemen can maintain no more cattle than one of one hundred thousand slaves. Therefore they have no more of that kind of property. That a slave may, indeed, from the custom of speech, be more properly called the wealth of his master, than the free laborer might be called the wealth of his employer; but as to the state, both were equally its wealth, and should therefore equally add to the quota of its tax.

Mr. HARRISON proposed, as a compromise, that two slaves should be counted as one freeman. He affirmed that slaves did not do as much work as freemen, and doubted if two effected more than one; that this was proved by the price of labor — the hire of a laborer in the southern colonies being from £8 to £12, while in the northern it was generally £24.

Mr. WILSON said that, if this amendment should take place, the southern colonies would have all the benefit of slaves, whilst the northern ones would bear the burden; that slaves increase the profits of a state, which the Southern States mean to take to themselves; that they also increase the burden of defence, which would of course fall so much the heavier on the Northern; that slaves occupy the places of freemen, and eat their food. Dismiss your slaves, and freemen will take their places. It is our duty to lay every discouragement on the importation of slaves; but this amendment would give the jus trium liberorum to him who Edition: current; Page: [73] would import slaves; that other kinds of property were pretty equally distributed through all the colonies; — there were as many cattle, horses, and sheep, in the north as the south, and south as the north; but not so as to slaves; — that experience has shown that those colonies have been always able to pay most which have the most inhabitants, whether they be black or white; and the practice of the southern colonies has always been to make every farmer pay poll taxes upon all his laborers, whether they be black or white. He acknowledges, indeed, that freemen work the most; but they consume the most also. They do not produce a greater surplus for taxation. The slave is neither fed nor clothed so expensively as a freeman. Again, white women are exempted from labor generally, but negro women are not. In this, then, the Southern States have an advantage, as the article now stands. It has sometimes been said that slavery is necessary, because the commodities they raise would be too dear for market if cultivated by freemen; but now it is said that the labor of the slave is the dearest.

Mr. PAYNE urged the original resolution of Congress, to proportion the quotas of the states to the number of souls.

Dr. WITHERSPOON was of opinion that the value of lands and houses was the best estimate of the wealth of a nation, and that it was practicable to obtain such a valuation. This is the true barometer of wealth. The one now proposed is imperfect in itself, and unequal between the states. It has been objected that negroes eat the food of freemen, and therefore should be taxed: horses also eat the food of freemen; therefore they also should be taxed. It has been said, too, that, in carrying slaves into the estimate of the taxes the state is to pay, we do no more than those states themselves do, who always take slaves into the estimate of the taxes the individual is to pay. But the cases are not parallel. In the southern colonies slaves pervade the whole colony; but they do not pervade the whole continent. That, as to the original resolution of Congress, to proportion the quotas according to the souls, it was temporary only, and related to the moneys heretofore emitted; whereas we are now entering into a new compact, and therefore stand on original ground.

August 1. — The question being put, the amendment proposed was rejected by the votes of New Hampshire, Massachusetts, Edition: current; Page: [74] Rhode Island, Connecticut, New York, New Jersey and Pennsylvania, against those of Delaware, Maryland, Virginia, North and South Carolina. Georgia was divided.

The other article was in these words: “Art. XVII. In determining questions, each colony shall have one vote.”

July 30, 31, August 1. — Present forty-one members. Mr. CHASE observed, that this article was the most likely to divide us, of any one proposed in the draft then under consideration. That the larger colonies had threatened they would not confederate at all, if their weight in Congress should not be equal to the numbers of people they added to the confederacy; while the smaller ones declared against a union, if they did not retain an equal vote, for the protection of their rights. That it was of the utmost consequence to bring the parties together; as, should we sever from each other, either no foreign power will ally with us at all, or the different states will form different alliances, and thus increase the horrors of those scenes of civil war and bloodshed, which, in such a state of separation and independence, would render us a miserable people. That our importance, our interests, our peace, required that we should confederate, and that mutual sacrifices should be made to effect a compromise of this difficult question. He was of opinion the smaller colonies would lose their rights, if they were not in some instances allowed an equal vote; and, therefore, that a discrimination should take place among the questions which would come before Congress. That the smaller states should be secured in all questions concerning life or liberty, and the greater ones, in all respecting property. He therefore proposed that, in votes relating to money, the voice of each colony should be proportioned to the number of its inhabitants.

Dr. FRANKLIN thought, that the votes should be so proportioned in all cases. He took notice that the Delaware counties had bound up their delegates to disagree to this article. He thought it very extraordinary language to be held by any state, that they would not confederate with us, unless we would let them dispose of our money. Certainly, if we vote equally, we ought to pay equally; but the smaller states will hardly purchase the privilege at this price. That, had he lived in a state where the representation, originally equal, had become unequal by time and accident, he might have submitted rather than disturb government; but that we Edition: current; Page: [75] should be very wrong to set out in this practice, when it is in our power to establish what is right. That, at the time of the union between England and Scotland, the latter had made the objection which the smaller states now do; but experience had proved that no unfairness had ever been shown them; that their advocates had prognosticated that it would again happen, as in times of old, that the whale would swallow Jonah; but he thought the prediction reversed in event, and that Jonah had swallowed the whale; for the Scotch had in fact got possession of the government, and gave laws to the English. He reprobated the original agreement of Congress to vote by colonies, and, therefore, was for their voting, in all cases, according to the number of taxables.

Dr. WITHERSPOON opposed every alteration of the article. All men admit that a confederacy is necessary. Should the idea get abroad that there is likely to be no union among us, it will damp the minds of the people, diminish the glory of our struggle, and lessen its importance; because it will open to our view future prospects of war and dissension among ourselves. If an equal vote be refused, the smaller states will become vassals to the larger; and all experience has shown that the vassals and subjects of free states are the most enslaved. He instanced the helots of Sparta and the provinces of Rome. He observed that foreign powers, discovering this blemish, would make it a handle for disengaging the smaller states from so unequal a confederacy. That the colonies should, in fact, be considered as individuals; and that, as such, in all disputes they should have an equal vote; that they are now collected as individuals making a bargain with each other, and, of course, had a right to vote as individuals. That in the East India Company they voted by persons, and not by their proportion of stock. That the Belgic confederacy voted by provinces. That in questions of war the smaller states were as much interested as the larger, and therefore should vote equally; and, indeed, that the larger states were more likely to bring war on the confederacy, in proportion as their frontier was more extensive. He admitted that equality of representation was an excellent principle, but then it must be of things which are coördinate; that is, of things similar, and of the same nature; that nothing relating to individuals could ever come before Congress; Edition: current; Page: [76] nothing but what would respect colonies. He distinguished between an incorporating and a federal union. The union of England was an incorporating one; yet Scotland had suffered by that union; for that its inhabitants were drawn from it by the hopes of places and employments; nor was it an instance of equality of representation; because, while Scotland was allowed nearly a thirteenth of representation, they were to pay only one fortieth of the land tax. He expressed his hopes that, in the present enlightened state of men’s minds, we might expect a lasting confederacy, if it was founded on fair principles.

JOHN ADAMS advocated the voting in proportion to numbers. He said, that we stand here as the representatives of the people; that in some states the people are many, in others they are few; that therefore their vote here should be proportioned to the numbers from whom it comes. Reason, justice, and equity, never had weight enough, on the face of the earth, to govern the councils of men. It is interest alone which does it, and it is interest alone which can be trusted; that therefore the interests within doors should be the mathematical representatives of the interests without doors; that the individuality of the colonies is a mere sound. Does the individuality of a colony increase its wealth or numbers? If it does, pay equally. If it does not add weight in the scale of the confederacy, it cannot add to their rights, nor weigh in argument. A has £50, B £500, C £1000, in partnership. Is it just they should equally dispose of the moneys of the partnership? It has been said we are independent individuals, making a bargain together. The question is not what we are now, but what we ought to be when our bargain shall be made. The confederacy is to make us one individual only; it is to form us, like separate parcels of metal, into one common mass. We shall no longer retain our separate individuality, but become a single individual, as to all questions submitted to the confederacy. Therefore all those reasons which prove the justice and expediency of equal representation in other assemblies hold good here. It has been objected that a proportional vote will endanger the smaller states. We answer, that an equal vote will endanger the larger. Virginia, Pennsylvania, and Massachusetts, are the three greater colonies. Consider their distance, their difference Edition: current; Page: [77] of produce, of interests, and of manners, and it is apparent they can never have an interest or inclination to combine for the oppression of the smaller; that the smaller will naturally divide on all questions with the larger. Rhode Island, from its relation, similarity, and intercourse, will generally pursue the same objects with Massachusetts; Jersey, Delaware, and Maryland, with Pennsylvania.

Dr. RUSH took notice, that the decay of the liberties of the Dutch republic proceeded from three causes — 1. the perfect unanimity requisite on all occasions; 2. their obligation to consult their constituents; 3. their voting by provinces. This last destroyed the equality of representation; and the liberties of Great Britain, also, are sinking from the same defect. That a part of our rights is deposited, in the hands of our legislatures. There, it was admitted, there should be an equality of representation. Another part of our rights is deposited in the hands of Congress. Why is it not equally necessary there should be an equal representation there? Were it possible to collect the whole body of the people together, they would determine the questions submitted to them by their majority. Why should not the same majority decide, when voting here by their representatives? The larger colonies are so providentially divided in situation, as to render every fear of their combining visionary. Their interests are different, and their circumstances dissimilar. It is more probable they will become rivals, and leave it in the power of the smaller states to give preponderance to any scale they please. The voting by the number of free inhabitants will have one excellent effect — that of inducing the colonies to discourage slavery and to encourage the increase of their free inhabitants.

Mr. HOPKINS observed, there were four larger, four smaller, and four middle-sized colonies. That the four largest would contain more than half the inhabitants of the confederating states, and therefore would govern the others as they should please. That history affords no instance of such a thing as equal representation. The Germanic body votes by states; the Helvetic body does the same; and so does the Belgic confederacy. That too little is known of the ancient confederations to say what was their practice.

Mr. WILSON thought that taxation should be in proportion to wealth, but that representation should accord with Edition: current; Page: [78] the number of freemen. That government is a collection or result of the wills of all; that if any government could speak the will of all, it would be perfect; and that, so far as it departs from this, it becomes imperfect. It has been said that Congress is a representation of states, not of individuals. I say, that the objects of its care are all the individuals of the states. It is strange that annexing the name of “state” to ten thousand men, should give them an equal right with forty thousand. This must be the effect of magic, not of reason. As to those matters which are referred to Congress, we are not so many states; we are one large state. We lay aside our individuality whenever we come here. The Germanic body is a burlesque on government, and their practice on any point is a sufficient authority and proof that it is wrong. The greatest imperfection in the constitution of the Belgic confederacy is their voting by provinces. The interest of the whole is constantly sacrificed to that of the small states. The history of the war in the reign of Queen Anne sufficiently proves this. It is asked, Shall nine colonies put it into the power of four to govern them as they please? I invert the question, and ask, Shall two millions of people put it into the power of one million to govern them as they please? It is pretended, too, that the smaller colonies will be in danger from the greater. Speak in honest language, and say, the minority will be in danger from the majority. And is there an assembly on earth where this danger may not be equally pretended? The truth is, that our proceedings will then be consentaneous with the interests of the majority, and so they ought to be. The probability is much greater that the larger states will disagree than that they will combine. I defy the wit of man to invent a possible case, or to suggest any one thing on earth, which shall be for the interests of Virginia, Pennsylvania and Massachusetts, and which will not also be for the interests of the other states.

These articles, reported July 12, ’76, were debated from day to day, and time to time, for two years; were ratified July 9, ’78, by ten states; by New Jersey, on the 26th of November of the same year; and by Delaware, on the 23d of February following. Maryland, alone, held off two years more, acceding to them March 1, ’81, and thus closing the obligation.

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ARTICLES OF CONFEDERATION
To all to whom these Presents shall come,

We, the undersigned, Delegates of the States affixed to our names, send greeting:

Whereas the delegates of the United States of America, in Congress assembled, did, on the fifteenth day of November, in the year of our Lord one thousand seven hundred and seventy-seven, and in the second year of the Independence of America, agree to certain Articles of Confederation and Perpetual Union, between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in the words following, viz.: —

Articles of Confederation and Perpetual Union, between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

Article 1. The style of this confederacy shall be, “The United States of America.”

Art. 2. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled.

Art. 3. The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other against all force offered to, or attacks made upon, them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.

Art. 4. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this Union, the free inhabitants of each of these states — paupers, vagabonds, and fugitives from justice, excepted — shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof, respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state from any other state, of which the owner is an inhabitant; provided also, that no imposition, duty, or restriction, shall be laid by any state on the property of the United States, or either of them.

If any person, guilty of, or charged with, treason, felony, or other high misdemeanor, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, be delivered up, and removed to the state having jurisdiction of his offence.

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Full faith and credit shall be given, in each of these states, to the records, acts, and judicial proceedings, of the courts and magistrates of every other state.

Art. 5. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year.

No state shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind.

Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.

In determining questions in the United States in Congress assembled, each state shall have one vote.

Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on, Congress, except for treason, felony, or breach of the peace.

Art. 6. No state, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty, with any king, prince, or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into, by the United States in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the courts of France and Spain.

No vessel of war shall be kept up in time of peace by any state, except such number only as shall be deemed necessary, by the United States in Congress assembled, for the defence of such state, or its trade: nor shall any body of forces be kept up by any state, in time of peace, except such number only as, in the judgment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide, and have constantly ready for use, in public stores, a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.

No state shall engage in any war without the consent of the United States in Congress assembled, unless such state be actually invaded by Edition: current; Page: [81] enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted; nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such state be infested by pirates; in which case, vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.

Art. 7. When land forces are raised by any state for the common defence, all officers of or under the rank of colonel shall be appointed by the legislature of each state, respectively, by whom such forces shall be raised, or in such manner as such state shall direct; and all vacancies shall be filled up by the state which first made the appointment.

Art. 8. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land, within each state, granted to or surveyed for any person, as such land, and the buildings and improvements thereon, shall be estimated, according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint.

The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States in Congress assembled.

Art. 9. The United States in Congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article — of sending and receiving ambassadors — entering into treaties and alliances; provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever — of establishing rules for deciding, in all cases, what captures, on land or water, shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated — of granting letters of marque and reprisal in times of peice — appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of capture; provided that no member of Congress shall be appointed a judge of any of the said courts.

The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states, concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority, or lawful agent, of any state in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other state in controversy, and a day assigned Edition: current; Page: [82] for the appearance of the parties, by their lawful agents, — who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, 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, so always as a major part of the judges, who shall hear the cause, shall agree in the determination; and if either party shall neglect to attend at the day appointed, without showing reasons which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each state, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall, in like manner, be final and decisive, — the judgment or sentence, and other proceedings, being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned; provided that every commissioner, before he sits in judgment, shall take on 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:” provided, also, that no state shall be deprived of territory for the benefit of the United States.

All controversies concerning the private right of soil, claimed under different grants of two or more states, whose jurisdiction, as they may respect such lands, and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.

The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated; establishing and regulating post-offices from one state to another throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations.

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The United States in Congress assembled shall have authority to appoint a committee to sit in the recess of Congress, to be denominated “a committee of the states,” and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction — to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years — to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses — to borrow money or emit bills on the credit of the United States, transmitting, every half year, to the respective states, an account of the sums of money so borrowed or emitted — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisitions shall be binding; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled: but if the United States in Congress assembled shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped, in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.

The United States in Congress assembled shall never engage in a war; nor grant letters of marque and reprisal in time of peace; nor enter into any treaties or alliances; nor coin money; nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them; nor emit bills; nor borrow money on the credit of the United States; nor appropriate money; nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised; nor appoint a commander-in-chief of the army or navy, — unless nine states assent to the same; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled.

The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months; and shall publish the journal of their proceedings monthly, except such parts thereof, relating to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the Edition: current; Page: [84] said journal, except such parts as are above excepted, to lay before the legislatures of the several states.

Art. 10. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine states in the Congress of the United States assembled is requisite.

Art. 11. Canada, acceding to this Confederation, and joining in the measures of the United States, shall be admitted into, and entitled to, all the advantages of this union; but no other colony shall be admitted into the same unless such admission be agreed to by nine states.

Art. 12. All bills of credit emitted, moneys borrowed, and debts contracted, by or under the authority of Congress, before the assembling of the United States in pursuance of the present Confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith, are hereby solemnly pledged.

Art. 13. Every state shall abide by the determination of the United States in Congress assembled, on all questions which, by this Confederation, are submitted to them. And the articles of this Confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration, at any time hereafter, be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislature of every state.

RATIFICATION.

And whereas it has pleased the Great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress, to approve of and to authorize us to ratify the said Articles of Confederation and Perpetual Union: Know ye, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and Perpetual Union, and all and singular the matters and things therein contained; and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions which, by the said Confederation, are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the union shall be perpetual.

In witness whereof, we have hereunto set our hands, in Congress. Done at Philadelphia, in the state of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the Independence of America.

On the part and behalf of the state of New Hampshire.
Josiah Bartlett, John Wentworth, Jun., Aug. 8, 1778
On the part and behalf of the state of Massachusetts Bay.
John Hancock, Francis Dana,
Samuel Adams, James Lovell,
Elbridge Gerry, Samuel Holten.
On the part and behalf of the state of Rhode Island and Providence Plantations
William Ellery, John Collins.
Henry Marchant,
On the part and behalf of the state of Connecticut.
Roger Sherman, Titus Hosmer,
Samuel Huntington, Andrew Adams.
Oliver Wolcott,
On the part and behalf of the state of New York.
Jas. Duane, Wm. Duer,
Fra. Lewis, Gouv. Morris.
On the part and behalf of the state of New Jersey.
Jno. Witherspoon, Nath. Scudder, Nov. 26, 1778.
On the part and behalf of the state of Pennsylvania.
Robert Morris, William Clingan,
Daniel Roberdeau, Joseph Reed, 22d July, 1778.
Jona. Bayard Smith,
On the part and behalf of the state of Delaware.
Thos. M’Kean, Feb. 13, ’79, Nicholas Van Dyke.
John Dickinson, May 5, ’79,
On the part and behalf of the state of Maryland.
John Hanson, March 1, ’81, Daniel Carroll, do.
On the part and behalf of the state of Virginia.
Richard Henry Lee, Jno. Harvie,
John Banister, Francis Lightfoot Lee.
Thomas Adams,
On the part and behalf of the state of North Carolina.
John Penn, July 21, ’78, Corns. Harnett.
Jno. Williams,
On the part and behalf of the state of South Carolina.
Henry Laurens, Richard Hutson,
William Henry Drayton, Thos. Heyward, Jun.
Jno. Mathews,
On the part and behalf of the state of Georgia.
Jno. Walton, July 24, ’78, Edw’d Langworthy.
Edw’d Telfair,

ABSTRACT OF PROCEEDINGS IN CONGRESS
ON CERTAIN PROPOSED ALTERATIONS, AMENDMENTS, OR ADDITIONS, PROPOSED BY CERTAIN STATES TO THE ARTICLES OF CONFEDERATION.

Monday, June 22, 1778. — That the objections from the state of MARYLAND to the Confederation be immediately taken up and considered by Congress, that the delegates from Maryland may transmit to that state with all possible despatch, the determination of Congress on those objections.

Question put — resolved in the affirmative.

A motion was then made in behalf of Maryland.

In article 4, strike out the word “paupers;” and after the words “or either of them,” insert “that one state shall not be burdened with the Edition: current; Page: [86] maintenance of the poor who may remove into it from any of the others in the Union.”

Question put — passed in the negative, one state only answering Ay.

Another amendment was moved in behalf of Maryland.

Article 8, after the words “granted to or surveyed for,” insert, “or which shall hereafter be granted to or surveyed for any person.”

Question put — passed in the negative; 4 ayes, 8 noes.

A third amendment was moved in behalf of Maryland.

Article 9, after the words “shall be deprived of territory for the benefit of the United States,” insert, “the United States in Congress assembled shall have the power to appoint commissioners, who shall be fully authorized and empowered to ascertain and restrict the boundaries of such of the confederated states which claim to extend to the River Mississippi or South Sea:” after debate,

Resolved, That the consideration thereof be postponed till to-morrow.

Tuesday, June 23, 1778. — Congress proceeded to consider the amendment of the Articles of Confederation moved in behalf of Maryland, —

And it passed in the negative.

The delegates of MASSACHUSETTS BAY, being called on, read sundry objections, transmitted to them by their constituents, to the Artiticles of Confederation, and thereupon moved, in behalf of their state, —

1st. That the 8th article be reconsidered, so far as relates to the criterion fixed on for settling the proportion of taxes to be paid by each state; that an amendment may be made, so that the rule of apportionment may be varied, from time to time, by Congress, until experience shall have shown what rule of apportionment will be most equal, and, consequently, most just.

Question put — passed in the negative; 2 ayes, 8 noes.

2d. That the 5th section of the 9th article be reconsidered, so far as relates to the rule of apportioning the number of forces to be raised by each state on the requisition of Congress.

Question put — passed in the negative; 3 ayes, 7 noes.

3d. That the 6th section of the 9th article be reconsidered, so far as it makes the assent of nine states necessary to exercise the powers with which Congress are thereby invested.

Question put — passed in the negative.

The delegates from RHODE ISLAND, being called on, produced instructions from their constituents, and thereupon moved the following amendments: —

1st. In the 5th article, after the word “two,” insert “members, unless by sickness, death, or any other unavoidable accident, but one of the members of a state can attend Congress in which case such state may be represented in Congress by one member for the space of — months.”

Question put — passed in the negative; 1 ay, 9 noes.

2d. In the 8th article, after the word “appoint,” add “such estimate to be taken and made once in every five years.”

Question put — passed in the negative; 4 ayes, 6 noes.

3d. In the 9th article, at the end of the 2d paragraph, after the words “for the benefit of the United States,” add “provided, nevertheless, that all lands within these states, the property of which, before the present war, was vested in the crown of Great Britain, or out of which revenues from quitrents arise, payable to the said crown, shall be deemed, taken, and considered, as the property of these United States, and be disposed of and Edition: current; Page: [87] appropriated by Congress for the benefit of the whole confederacy—reserving, however, to the states, within whose limits such crown lands may be the entire and complete jurisdiction thereof.”

Question put — passed in the negative; 1 ay, 9 noes.

The delegates from CONNECTICUT, being called on, produced instructions, and thereupon moved the following amendments: —

1st. In the 8th article, after the words “in proportion to,” strike out what follows, to the end of the sentence, and in lieu thereof insert “the number of inhabitants in each state.”

Question put — passed in the negative; 3 ayes, 9 noes.

2d. In the 9th article, at the end of the 5th paragraph, add the words following: “provided, that no land army shall be kept up by the United States in time of peace; nor any officers or pensioners kept in pay by them, who are not in actual service, except such as are or may be rendered unable to support themselves, by wounds received in battle, in the service of the said states, agreeably to the provisions already made by a resolution of Congress.”

Question put — passed in the negative; 1 ay, 11 noes.

Thursday, June 25, 1778. — Congress took into consideration the representation from NEW JERSEY, on the Articles of Confederation, which was read as follows: —

To the United States in Congress assembled, the representation of the Legislative Councils and General Assembly of the state of New Jersey showeth,

“That the Articles of Confederation and Perpetual Union, between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, proposed by the honorable Congress of the said states, severally, for their consideration, have been by us fully and attentively considered, on which we beg leave to remark as follows: —

“1st. In the 5th article, where, among other things, the qualifications of the delegates from the several states are described, there is no mention of any oath, test, or declaration, to be taken or made by them previous to their admission to seats in Congress. It is indeed to be presumed, the respective states will be careful that the delegates they send to assist in managing the general interests of the Union take the oaths to the government from which they derive their authority; but as the United States, collectively considered, have interests as well as each particular state, we are of opinion that some test or obligation, binding upon each delegate, while he continues in the trust, to consult and pursue the former as well as the latter, and particularly to assent to no vote or proceeding which may violate the general confederation, is necessary. The laws and usages of all civilized nations evince the propriety of an oath on such occasions, and the more solemn and important the deposit, the more strong and explicit ought the obligation to be.

“2d. By the 6th and 9th articles, the regulation of trade seems to be committed to the several states within their separate jurisdiction, in such a degree as may involve many difficulties and embarrassments and be attended with injustice to some states in the Union. We are of opinion that the sole and exclusive power of regulating the trade of the United Edition: current; Page: [88] States with foreign nations ought to be clearly vested in the Congress, and that the revenue arising from all duties and customs imposed thereon ought to be appropriated to the building, equipping, and manning a navy, for the protection of the trade and defence of the coasts, and to such other public and general purposes as to the Congress shall seem proper, and for the common benefit of the states. This principle appears to us to be just; and it may be added, that a great security will, by this means, be derived to the Union, from the establishment of a common and mutual interest.

“3d. It is wisely provided, in the 6th article, that no body of forces shall be kept up by any state in time of peace, except such number only as, in the judgment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such states. We think it ought also to be provided, and clearly expressed, that no body of troops be kept up by the United States in time of peace, except such number only as shall be allowed by the assent of nine states. A standing army, a military establishment, and every appendage thereof, in time of peace, is totally abhorrent from the ideas and principles of this state. In the memorable act of Congress, declaring the United Colonies free and independent states, it is emphatically mentioned, as one of the causes of separation from Great Britain, that the sovereign thereof had kept up among us, in time of peace, standing armies, without the consent of the legislatures. It is to be wished the liberties and happiness of the people may, by the Confederation, be carefully and explicitly guarded in this respect.

“4th. On the 8th article we observe, that, as frequent settlements of the quotas for supplies and aids, to be furnished by the several states, in support of the general treasury, will be requisite, so they ought to be secured. It cannot be thought improper or unnecessary to have them struck once at least in every five years, and oftener if circumstances will allow. The quantity or value of real property in some states may increase much more rapidly than in others, and therefore the quota which is at one time just will, at another, be disproportionate.

“5th. The boundaries and limits of each state ought to be fully and finally fixed and made known. This, we apprehend, would be attended with very salutary effects, by preventing jealousies as well as controversies, and promoting harmony and confidence among the states. If the circumstances of the times would not admit of this previous to the proposal of the Confederation to the several states, the establishment of the principles upon which, and the rule and mode by which, the determination might be conducted, at a time more convenient and favorable for despatching the same, at an early period, (not exceeding five years from the final ratification of the Confederation,) would be satisfactory.

“6th. The 9th article provides that no state shall be deprived of territory for the benefit of the United States. Whether we are to understand that by territory is intended any land, the property of which was heretofore vested in the crown of Great Britain, or that no mention of such land is made in the Confederation, we are constrained to observe, that the present war, as we always apprehended, was undertaken for the general defence and interest of the confederating colonies, now the United States. It was ever the confident expectation of this state, that the benefits derived from a successful contest were to be general and proportionate; and that the property of the common enemy, filling in consequence of a prosperous issue of the war, would belong to the United States, and be appropriated Edition: current; Page: [89] to their use. We are therefore greatly disappointed in finding no provision made in the Confederation for empowering the Congress to dispose of such property, but especially the vacant and impatented lands commonly called the crown lands, for defraying the expenses of the war, and for such other public and general purposes. The jurisdiction ought, in every instance, to belong to the respective states within the charter or determined limits of which such lands may be seated; but reason and justice must decide, that the property which existed in the crown of Great Britain previous to the present revolution ought now to belong to the Congress, in trust for the use and benefit of the United States. They have fought and bled for it, in proportion to their respective abilities, and therefore the reward ought not to be predilectionally distributed. Shall such states as are shut out by situation from availing themselves of the least advantage from this quarter, be left to sink under an enormous debt, whilst others are enabled, in a short period, to replace all their expenditures from the hard earnings of the whole confederacy?

“7th. The 9th article also provides that the requisition for the land forces, to be furnished by the several states, shall be proportioned to the number of white inhabitants in each. In the act of independence we find the following declaration: ‘We hold these truths to be self-evident — that all men are created equal; that they are endued by their Creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness.’ Of this doctrine it is not a very remote consequence, that all the inhabitants of every society, be the color of their complexion what it may, are bound to promote the interest thereof, according to their respective abilities. They ought, therefore, to be brought into the account, on this occasion. But admitting necessity or expediency to justify the refusal of liberty, in certain circumstances, to persons of a particular color, we think it unequal to reckon upon such in this case. Should it be improper, for special local reasons, to admit them in arms for the defence of the nation, yet we conceive the proportion of forces to be imbodied ought to be fixed according to the whole number of inhabitants in the state, from whatever class they may be raised. If the whole number of inhabitants in a state, whose inhabitants are all whites, both those who are called into the field and those who remain to till the ground and labor in mechanical arts and otherwise, are reckoned in the estimate for striking the proportion of forces to be furnished by that state, ought even a part of the latter description to be left out in another? As it is of indispensable necessity, in every war, that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be the same propriety that owners of a different color, who are employed for this purpose in one state, while whites are employed for the same purpose in another, be reckoned in the account of the inhabitants in the present instance.

“8th. In order that the quota of troops to be furnished in each state, on occasion of a war, may be equitably ascertained, we are of opinion that the inhabitants of the several states ought to be numbered as frequently as the nature of the case will admit, and once, at least, every five years. The disproportioned increase in the population of different states may render such provision absolutely necessary.

“9th. It is provided, in the 9th article, that the assent of nine states out of the thirteen, shall be necessary to determine in sundry cases of the highest concern. If this proportion be proper and just, it ought to be Edition: current; Page: [90] kept up, should the states increase in number, and a declaration thereof be made, for the satisfaction of the Union.

“That we think it our indispensable duty to solicit the attention of Congress to these considerations and remarks, and to request that the purport and meaning of them be adopted as part of the general confederation; by which means we apprehend the mutual interests of all the states will be better secured and promoted, and that the legislature of this state will then be justified in ratifying the same.”

Whereupon it was moved that the several articles in the Confederation, referred to in the foregoing representation, be so far reconsidered as to admit the purport and meaning of the additions, alterations, and amendments, proposed in the said representation.

Question put — passed in the negative; 3 ayes, 6 noes, 1 divided.

The delegates of PENNSYLVANIA, being called on, moved the following amendments, in behalf of their state: —

1st. In the 1st paragraph of the 5th article, dele the words “for the remainder of the year.”

Question put — passed in the negative; 2 ayes, 8 noes, 1 divided.

2d. That such part of the 9th article as respects the post-office be altered or amended, so as that Congress be obliged to lay the accounts annually before the legislatures of the several states.

Question put — passed in the negative; 2 ayes, 9 noes.

3d. In the 5th paragraph of the 9th article, expunge the word “white.”

Question put — passed in the negative; 3 ayes, 7 noes, 1 divided.

4th. In the last section of the 9th article, after the word “delegates,” add “respectively.”

Question put — passed in the negative; 1 aye, 10 noes.

The delegates from SOUTH CAROLINA, being called on, moved the following amendments, in behalf of their state: —

1st. In article 4, between the words “free inhabitants,” insert “white.”

Passed in the negative; 2 ayes, 8 noes, 1 divided.

2d. In the next line, after the words “these states,” insert “those who refuse to take up arms in defence of the confederacy.”

Passed in the negative; 3 ayes, 8 noes.

3d. After the words “the several states,” insert “according to the law of such states respectively for the government of their own free white inhabitants.”

Passed in the negative; 2 ayes, 8 noes, 1 divided.

4th. After the words “of which the owner is an inhabitant,” insert “except in cases of embargo.”

Passed in the negative; 2 ayes, 9 noes.

5th. In the 1st paragraph of the 5th article, strike out “first Monday in November,” and insert “nineteenth day of April.”

Passed in the negative; 1 ay, 9 noes, 1 divided.

6th. In the 2d paragraph of the 5th article, substitute “three” in the place of “two,” and “two” in the place of “three,” and “four” in the place of “six.”

Passed in the negative; 2 ayes, 9 noes.

7th. In the 3d paragraph, for “committee,” read “grand council.”

Passed in the negative; 1 ay, 9 noes, 1 divided.

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8th. In the 1st paragraph of the 6th article, for “prince or state, read “prince or foreign state, except the same be upon the subject of commerce, nor then so as to interfere with any treaty or alliance of the United States made, or treaty proposed, by Congress.”

Passed in the negative; 2 ayes, 9 noes.

9th. In the 2d paragraph of the 6th article, strike out “by some nation of Indians,” and after the words “to invade such state,” insert “or upon requisition to assist a sister state actually invaded or threatened with an invasion.”

Passed in the negative; 3 ayes, 8 noes.

10th. In the 1st paragraph of the 7th article, strike out “of or under the rank of colonel,” and after “shall be appointed,” insert “and commissioned.”

Passed in the negative; 2 ayes, 8 noes, 1 divided.

11th. At the end of the 7th article, add, “The troops to be raised shall be deemed the troops of that state by which they are raised. The Congress, or grand council of the states, may, when they think proper, make requisition to any state for two thirds of the troops to be raised; which requisition shall be binding upon the said states respectively; but the remaining third shall not be liable to be drawn out of the state in which they are raised, without the consent of the executive authority of the same. When any forces are raised, they shall be under the command of the executive authority of the state in which they are so raised, unless they be joined by troops from any other state, in which the Congress, or grand council of the states, may appoint a general officer to take the command of the whole; and until the same can be done, the command shall be in the senior officer present, who shall be amenable for his conduct to the executive authority of the state in which the troops are, and shall be liable to be suspended thereby. The expenses of the troops so to be raised shall be defrayed by the state to which they belong; but when called into service by the United States, they shall be fed and paid at the expense of the United States.”

Passed in the negative; 2 ayes, 9 noes.

12th. In the 1st line of the 8th article, strike out “charges of war and all other.”

Passed in the negative; 2 ayes, 8 noes, 1 divided.

13th. In the same article strike out “according to such mode as the United States in Congress assembled shall from time to time direct and appoint;” and instead of “and improvements thereon shall be estimated,” read “and improvements thereon shall, by periods of years not exceeding ten, as often as may be required by Congress, be generally estimated by persons to be appointed by the legislatures of the respective states to value the same upon oath.”

Passed in the negative; 2 ayes, 9 noes.

14th. In the 1st paragraph of the 9th article, strike out “appointing courts for the trial of piracies and felonies committed on the high seas,” and in lieu thereof, insert “declaring what acts committed on the high seas shall be deemed piracies or felonies.

Passed in the negative; 2 ayes, 9 noes.

15th. In the 2d paragraph of the 9th article, for “be the last resort on appeal,” read “decide and determine,” and strike out “all that relates to the mode of settling differences between states and controversies concerning private right of soil.”

Passed in the negative; 2 ayes, 9 noes.

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16th. In the 5th paragraph of the 9th article, after the words “in any term of,” strike out “three,” and insert “two.”

Passed in the negative; 3 ayes, 7 noes, 1 divided.

17th. In the 6th paragraph of the 9th article, for “unless nine states,” read “unless eleven states.”

Passed in the negative; 2 ayes, 9 noes.

18th. At the end of the same paragraph, strike out the words “in Congress assembled.”

Passed in the negative; 1 ay, 10 noes.

19th. In the last paragraph of the 9th article, after the words “and the yeas and nays of the delegates of each state on,” for “any,” read “every,” and strike out the words “when it is desired by any delegate.”

Passed in the negative; 2 ayes, 9 noes.

20th. In the same sentence, strike out “a state or,” and also “at his or their request;” and after the words “and the,” insert “respective states of the,” and after “shall,” insert “upon requisition.”

Passed in the negative; 1 ay, 10 noes.

21st. Amend the last clause of the 13th article, so as to read “unless such alteration be agreed to by eleven of the United States in Congress assembled, and be afterwards confirmed by the legislatures of eleven of the United States.”

Passed in the negative; 3 ayes, 6 noes, 2 divided.

PROCEEDINGS WHICH LED TO THE ADOPTION OF THE CONSTITUTION OF THE UNITED STATES.

Saturday, February 3, 1781. — The order of the day (being a report concerning the laying a duty of five per cent.) was called for, when a motion was made by Mr. Witherspoon, seconded by Mr. Burke, —

“That it is indispensably necessary that the United States in Congress assembled should be vested with a right of superintending the commercial regulations of every state, that none may take place that shall be partial or contrary to the common interest; and that they should be vested with the exclusive right of laying duties upon all imported articles; no restriction to be valid, and no such duty to be laid, but with the consent of nine states; provided, that all duties and imposts laid by the United States in Congress assembled, shall always be a certain proportion of the value of the article or articles on which the same shall be laid; and the same articles shall bear the same duty and impost throughout the said states without exemption; and provided, that all such duties and imposts shall be for the perfecting of certain specified purposes, which purposes being perfected, the said duties and imposts so appropriated shall cease; provided also, that the United States in Congress assembled shall not be empowered to appropriate any duties or imposts for perpetual annuities, or other perpetual or indefinite interests, or for annuities for more than three lives at the same time in being, or for a longer term than — years.”

On the question to agree to this, the yeas and nays being required by Mr. Mathews, it passed in the negative.

Edition: current; Page: [93]

Congress resumed the consideration of the report of the committee of the whole, (for laying a duty of five per cent.;)

And on the question to insert the words [to transfer the power to lay the duty from the states to Congress] moved to be inserted, the yeas and nays were required; and it was resolved in the affirmative.

The report of the committee of the whole, being amended, was agreed to, as follows: —

Resolved, That it be recommended to the several states, as indispensably necessary, that they vest a power in Congress to levy, for the use of the United States, a duty of five per cent. ad valorem, at the time and place of importation, upon all goods, wares, and merchandise, of foreign growth and manufacture, which may be imported into any of the said states from any foreign port, island, or plantation, after the 1st day of May, 1781; except arms, ammunition, clothing, and other articles imported on account of the United States, or any of them; and except wool cards and cotton cards, and wire for making them; and also except salt, during the war.

Also a like duty of five per cent. on all prizes and prize goods, condemned in the court of admiralty of any of these states as lawful prize.

That the moneys arising from the said duties be appropriated to the discharge of the principal and interest of the debts already contracted, or which may be contracted, on the faith of the United States, for supporting the present war.

That the said duties be continued until the said debts shall be fully and finally discharged.

Friday, April 18, 1783. — Congress proceeded in the consideration of the report, (concerning duties and revenues;) and sundry amendments being made, —

Resolved, by nine states, That it be recommended to the several states, as indispensably necessary to the restoration of public credit, and to the punctual and honorable discharge of the public debts, to invest the United States in Congress assembled with a power to levy, for the use of the United States, the following duties upon goods imported into the said states from any foreign port, island, or plantation: —

Upon all rum of Jamaica proof, per gallon, 4-90ths of a dollar.
Upon all other spirituous liquors, 3-90ths of a dollar.
Upon Madeira wine, 12-90ths of a dollar.
Upon all other wines, 6-90ths of a dollar.
Upon common Bohea tea, per lb., 6-90ths of a dollar.
Upon all other teas, 24-90ths of a dollar.
Upon pepper, per lb., 3-90ths of a dollar.
Upon brown sugar, per lb., ½-90th of a dollar.
Upon loaf sugar, 2-90ths of a dollar.
Upon all other sugars, 1-90th of a dollar.
Upon molasses, per gallon, 1-90th of a dollar.
Upon cocoa and coffee, per lb., 1-90th of a dollar.
Upon all other goods, a duty of five per cent. ad valorem, at the time and place of importation.

Provided, That none of the said duties shall be applied to any other purpose than the discharge of the interest or principal of the debts contracted, on the faith of the United States, for supporting the war, agreeably to the resolution of the 16th day of December last, nor be continued for a longer term than twenty-five years; and provided, that the collectors of the said duties shall be appointed by the states within which their offices are to be respectively exercised; but when so appointed, shall be amenable to, and Edition: current; Page: [94] removable by, the United States in Congress assembled, alone; and in case any state shall not make such appointment within one month after notice given for that purpose, the appointment may be made by the United States in Congress assembled.

That it be further recommended to the several states to establish, for a term limited to twenty-five years, and to appropriate to the discharge of the interest and principal of the debts contracted on the faith of the United States for supporting the war, substantial and effectual revenues, of such nature as they may judge most convenient, for supplying their respective proportions of one million five hundred thousand dollars, annually, exclusive of the afore-mentioned duties, which proportion shall be fixed and equalized from time to time, according to the rule which is, or may be, prescribed by the Articles of Confederation; and in case the revenues established by any state shall at any time yield a sum exceeding its actual proportion, the excess shall be refunded to it; and in case the revenues of any state shall be found to be deficient, the immediate deficiency shall be made up by such state with as little delay as possible, and a future deficiency guarded against by an enlargement of the revenues established; provided, that, until the rule of the Confederation can be carried into practice, the proportions of the said one million five hundred thousand dollars shall be as follows, viz.:—

New Hampshire, 52,708
Massachusetts, 224,427
Rhode Island, 32,318
Connecticut, 132,091
New York, 128,243
New Jersey, 83,358
Pennsylvania, 205,189
Delaware, 22,443
Maryland, 141,517
Virginia, 256,487
North Carolina, 109,006
South Carolina, 96,183
Georgia, 16,030

The said last-mentioned revenues to be collected by persons appointed as aforesaid, but to be carried to the separate credit of the states within which they shall be collected.

That an annual account of the proceeds and application of all the afore-mentioned revenues shall be made out and transmitted to the several states, distinguishing the proceeds of each of the specified articles, and the amount of the whole revenue received from each state, together with the allowances made to the several officers employed in the collection of the said revenues.

That none of the preceding resolutions shall take effect until all of them shall be acceded to by every state; after which unanimous accession, however, they shall be considered as forming a mutual compact among all the states, and shall be irrevocable by any one or more of them, without the concurrence of the whole, or a majority of the United States in Congress assembled.

That, as a further mean, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress of the 6th of September, and 10th of October, 1780, relative to the cession of territorial claims, to make the liberal cessions therein recommended, and to the states which may have passed acts complying with the said resolutions in part only, to revise and complete such compliance.

That, as a more convenient and certain rule of ascertaining the proportions to be supplied by the states respectively to the common treasury, Edition: current; Page: [95] the following alteration in the Articles of Confederation and Perpetual Union between these states, be, and the same is hereby agreed to in Congress; and the several states are advised to authorize their respective delegates to subscribe and ratify the same, as part of the said instrument of union, in the words following, to wit: —

So much of the 8th of the Articles of Confederation and Perpetual Union, between the thirteen states of America, as is contained in the words following, to wit, “All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land, and the buildings and improvements thereon shall be estimated, according to such mode as the United States in Congress assembled shall from time to time direct and appoint,” is hereby revoked and made void; and in place thereof, it is declared and concluded, the same having been agreed to in a Congress of the United States, that all charges of war, and all other expenses, that have been, or shall be, incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, except so far as shall be otherwise provided for, shall be defrayed out of a common treasury, which shall be supplied by the several states 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; which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint.

On the question to agree to the foregoing act, the yeas and nays being required by Mr. Arnold:

New Hampshire, Mr. White, Ay.
Massachusetts, Mr. Holten, Ay. }Ay.
Mr. Osgood, Ay. }
Mr. Gorham, Ay. }
Mr. Higginson, Ay. }
Rhode Island, Mr. Collins, No. }No.
Mr. Arnold, No. }
Connecticut, Mr. Ellsworth, Ay. }Ay.
Mr. Dyer, Ay. }
New York, Mr. Floyd, Ay. }Divided.
Mr. Hamilton, No. }
New Jersey, Mr. Boudinot, Ay. }Ay.
Mr. Clarke, Ay. }
Mr. Condict, Ay. }
Pennsylvania, Mr. Fitzsimmons, Ay. }Ay.
Mr. Peters, Ay. }
Delaware, Mr. M’Comb, Ay. }Ay.
Mr. Bedford, Ay. }
Maryland, Mr. T. S. Lee, Ay. }Ay.
Mr. Carroll, Ay. }
Virginia, Mr. Jones, Ay. }Ay.
Mr. Madison, Ay. }
Mr. Mercer, Ay. }
Mr. Bland, Ay. }
North Carolina, Mr. Hawkins, Ay. }Ay.
Mr. Williamson, Ay. }
South Carolina, Mr. Rutledge, Ay. }Ay.
Mr. Gervais, Ay. }
Mr. Izard, Ay. }

So it was resolved in the affirmative.

Edition: current; Page: [96]

Saturday, April 26, 1783. — The committee, consisting of Mr. Madison, Mr. Ellsworth, and Mr. Hamilton, appointed to prepare an address to the states, to accompany the act of the 18th of this month, reported a draft, which, being read and amended, was agreed to, as follows: —

ADDRESS TO THE STATES, BY THE UNITED STATES IN CONGRESS ASSEMBLED.

To accompany the Act of April 18, 1783.

The prospect which has for some time existed, and which is now happily realized, of a successful termination of the war, together with the critical exigencies of public affairs, has made it the duty of Congress to review and provide for the debts which the war has left upon the United States, and to look forward to the means of obviating dangers which may interrupt the harmony and tranquillity of the confederacy. The result of their mature and solemn deliberations, on these great objects, is contained in their several recommendations of the 18th inst., herewith transmitted. Although these recommendations speak themselves the principles on which they are founded, as well as the ends which they propose, it will not be improper to enter into a few explanations and remarks, in order to place in a stronger view the necessity of complying with them.

The first measure recommended is, effectual provision for the debts of the United States. The amount of these debts, as far as they can now be ascertained, is 42,000,375 dollars. To discharge the principal of this aggregate debt at once, or in any short period, is evidently not within the compass of our resources; and, even if it could be accomplished, the ease of the community would require that the debt itself should be left to a course of gradual extinguishment, and certain funds be provided for paying, in the mean time, the annual interest. The amount of the annual interest is computed to be 2,415,956 dollars. Funds, therefore, which will certainly and punctually produce this annual sum, at least, must be provided.

Observations on Revenue.

In devising these funds, Congress did not overlook the mode of supplying the common treasury, provided by the Articles of Confederation: but, after the most respectful consideration of that mode, they were constrained to regard it as inadequate, and inapplicable to the form into which the public debt must be thrown. The delays and uncertainties incident to a revenue to be established and collected, from time to time, by thirteen independent authorities, is, at first view, irreconcilable with the punctuality essential in the discharge of the interest of a national debt. Our own experience, after making every allowance for transient impediments, has been a sufficient illustration of this truth. Some departure, therefore, in the recommendation of Congress, from the Federal Constitution, was unavoidable; but it will be found to be as small as could be reconciled with the object in view, and to be supported, besides, by solid considerations of interest and sound policy.

The fund which presented itself on this, as it did on a former occasion, was a tax on imports. The reasons which recommended this branch of revenue have heretofore been stated in an act, of which a copy, No. 2, is now forwarded, and need not be here repeated. It will suffice to recapitulate, that taxes on consumption are always least burdensome, because Edition: current; Page: [97] they are least felt, and are borne too by those who are both willing and able to pay them; that, of all taxes on consumption, those on foreign commerce are most compatible with the genius and policy of free states; that, from the relative positions of some of the more commercial states, it will be impossible to bring this essential resource into use without a concerted uniformity; that this uniformity cannot be concerted through any channel so properly as through Congress, nor for any purpose so aptly as for paying the debts of a revolution, from which an unbounded freedom has accrued to commerce.

In renewing this proposition to the states, we have not been unmindful of the objections which heretofore frustrated the unanimous adoption of it. We have limited the duration of the revenue to the term of twenty-five years; and we have left to the states themselves the appointment of the officers who are to collect it. If the strict maxims of national credit alone were to be consulted, the revenue ought manifestly to be coexistent with the object of it, and the collection placed in every respect under that authority which is to dispense the former, and is responsible for the latter. These relaxations will, we trust, be regarded, on one hand, as the effect of a disposition in Congress to attend, at all times, to the sentiments of those whom they serve, and, on the other hand, as a proof of their anxious desire that provision may be made, in some way or other, for an honorable and just fulfilment of the engagements which they have formed.

To render this fund as productive as possible, and, at the same time, to narrow the room for collusions and frauds, it has been judged an improvement of the plan, to recommend a liberal duty on such articles as are most susceptible of a tax according to their quantity, and are of most equal and general consumption; leaving all other articles, as heretofore proposed, to be taxed according to their value.

The amount of this fund is computed to be 915,956 dollars. Accuracy, in the first essay, on so complex and fluctuating a subject, is not to be expected. It is presumed to be as near the truth as the defect of proper materials would admit.

The residue of the computed interest is 1,500,000 dollars, and is referred to the states to be provided for by such funds as they may judge most convenient. Here, again, the strict maxims of public credit gave way to the desire of Congress to conform to the sentiments of their constituents. It ought not to be omitted, however, with respect to this portion of the revenue, that the mode in which it is to be supplied varies so little from that pointed out in the Articles of Confederation, and the variations are so conducive to the great object proposed, that a ready and unqualified compliance on the part of the states may be the more justly expected. In fixing the quotas of this sum, Congress, as may be well imagined, were guided by very imperfect lights, and some inequalities may consequently have ensued. These, however, can be but temporary, and, as far as they may exist at all, will be redressed by a retrospective adjustment, as soon as a constitutional rule can be applied.

The necessity of making the two foregoing provisions one indivisible and irrevocable act, is apparent. Without the first quality, partial provision only might be made where complete provision is essential; nay, as some states might prefer and adopt one of the funds only, and the other states the other fund only, it might happen that no provision at all would be made: without the second, a single state, out of the thirteen, might at any time involve the nation in bankruptcy, the mere practicability Edition: current; Page: [98] of which would be a fatal bar to the establishment of national credit. Instead of enlarging on these topics, two observations are submitted to the justice and wisdom of the legislatures. First, the present creditors, or rather the domestic part of them, having either made their loans for a period which has expired, or having become creditors, in the first instance, involuntarily, are entitled, on the clear principles of justice and good faith, to demand the principal of their credits, instead of accepting the annual interest. It is necessary, therefore, as the principal cannot be paid to them on demand, that the interest should be so effectually and satisfactorily secured, as to enable them, if they incline, to transfer their stock at its full value. Secondly, if the funds be so firmly constituted as to inspire a thorough and universal confidence, may it not be hoped that the capital of the domestic debt, which bears the high interest of six per cent., may be cancelled by other loans obtained at a more moderate interest? The saving by such an operation would be a clear one, and might be a considerable one.

Thus much for the interest of the national debt: for the discharge of the principal within the term limited, we rely on the natural increase of the revenue from commerce, on requisitions to be made from time to time for that purpose, as circumstances may dictate, and on the prospect of vacant territory. If these resources should prove inadequate, it will be necessary, at the expiration of twenty-five years, to continue the funds now recommended, or to establish such others as may then be found more convenient.

With a view to the resource last mentioned, as well as to obviate disagreeable controversies and confusions, Congress have included in their present recommendations a renewal of those of the 6th day of September, and of the 10th day of October, 1780. In both these respects, a liberal and final accommodation of all interfering claims of vacant territory is an object which cannot be pressed with too much solicitude.

The last object recommended is a constitutional change of the rule by which a partition of the common burdens is to be made. The expediency, and even necessity, of such a change, has been sufficiently enforced by the local injustice and discontents which have proceeded from valuations of the soil in every state where the experiment has been made. But how infinitely must these evils be increased, on a comparison of such valuations among the states themselves! On whatever side, indeed, this rule be surveyed, the execution of it must be attended with the most serious difficulties. If the valuations be referred to the authorities of the several states, a general satisfaction is not to be hoped for. If they be executed by officers of the United States traversing the country for that purpose, besides the inequalities against which this mode would be no security, the expense would be both enormous and obnoxious. If the mode taken in the act of the 17th day of February last, which was deemed, on the whole, least objectionable, be adhered to, still the insufficiency of the data to the purpose to which they are to be applied must greatly impair, if not utterly destroy, all confidence in the accuracy of the result; not to mention that, as far as the result can be at all a just one, it will be indebted, for that advantage, to the principle on which the rule proposed to be substituted is founded. This rule, although not free from objections, is liable to fewer than any other that could be devised. The only material difficulty which attended it in the deliberations of Congress, was to fix the proper difference between the labor and industry of free inhabitants and of all other inhabitants. The ratio ultimately agreed Edition: current; Page: [99] on was the effect of mutual concessions; and if it should be supposed not to correspond precisely with the fact, no doubt ought to be entertained that an equal spirit of accommodation among the several legislatures will prevail against little inequalities which may be calculated on one side or on the other. But notwithstanding the confidence of Congress, as to the success of this proposition, it is their duty to recollect that the event may possibly disappoint them, and to request that measures may still be pursued for obtaining and transmitting the information called for in the act of the 17th of February last, which, in such event, will be essential.

The plan thus communicated and explained by Congress must now receive its fate from their constituents. All the objects comprised in if are conceived to be of great importance to the happiness of this confederated republic — are necessary to render the fruits of the revolution a full reward for the blood, the toils, the cares, and the calamities which have purchased it. But the object, of which the necessity will be peculiarly felt, and which it is peculiarly the duty of Congress to inculcate, is the provision recommended for the national debt. Although this debt is greater than could have been wished, it is still less, on the whose, than could have been expected; and, when referred to the cause in which it has been incurred, and compared with the burdens which wars of ambition and of vain glory have entailed on other nations, ought to be borne not only with cheerfulness; but with pride. But the magnitude of the debt makes no part of the question. It is sufficient that the debt has been fairly contracted, and that justice and good faith demand that it should be fully discharged. Congress had an option between different modes of discharging it. The same option is the only one that can exist with the states. The mode which has, after long and elaborate discussion, been preferred, is, we are persuaded, the least objectionable of any that would have been equal to the purpose. Under this persuasion, we call upon the justice and plighted faith of the several states to give it its proper effect, to reflect on the consequences of rejecting it, and to remember that Congress will not be answerable for them.

If other motives than that of justice could be requisite on this occasion, no nation could ever feel stronger; for to whom are the debts to be paid?

To an ally, in the first place, who, to the exertion of his arms in support of our cause, has added the succors of his treasure; who, to his important loans, has added liberal donations; and whose loans themselves carry the impression of his magnanimity and friendship.

To individuals in a foreign country, in the next place, who were the first to give so precious a token of their confidence in our justice, and of their friendship for our cause, and who are members of a republic which was second in espousing our rank among nations.

Another class of creditors is that illustrious and patriotic band of follow-citizens, whose blood and whose bravery have defended the liberties of their country; who have patiently borne, among other distresses, the privation of their stipends, whilst the distresses of their country disabled it from bestowing them; and who, even now, ask for no more than such a portion of their dues as will enable them to retire from the field of victory and glory into the bosom of peace and private citizenship, and for such effectual security, for the residue of their claims, as their country is now unquestionably able to provide.

The remaining class of creditors is composed partly of such of our fellow-citizens as originally lent to the public the use of their funds, or have Edition: current; Page: [100] since manifested most confidence in their country, by receiving transfers from the lenders; and partly of those whose property has been either advanced or assumed for the public service. To discriminate the merits of these several descriptions of creditors, would be a task equally unnecessary and invidious. If the voice of humanity plead more loudly in favor of some than of others, the voice of policy, no less than of justice, pleads in favor of all. A wise nation will never permit those who relieve the wants of their country, or who rely most on its faith, its firmness, and its resources, when either of them is distrusted, to suffer by the event.

Let it be remembered, finally, that it has ever been the pride and boast of America, that the rights for which she contended were the rights of human nature. By the blessings of the Author of these rights on the means exerted for their defence, they have prevailed against all opposition, and form the basis of thirteen independent states. No instance has heretofore occurred, nor can any instance be expected hereafter to occur, in which the unadulterated forms of republican government can pretend to so fair an opportunity of justifying themselves by their fruits. In this view, the citizens of the United States are responsible for the greatest trust ever confided to a political society. If justice, good faith, honor, gratitude, and all the other qualities which ennoble the character of a nation, and fulfil the ends of government, be the fruits of our establishments, the cause of liberty will acquire a dignity and lustre which it has never yet enjoyed, and an example will be set which cannot but have the most favorable influence on the rights of mankind. If, on the other side, our governments should be unfortunately blotted with the reverse of these cardinal and essential virtues, the great cause which we have engaged to vindicate will be dishonored and betrayed, the last and fairest experiment in favor of the rights of human nature will be turned against them, and their patrons and friends exposed to be insulted and silenced by the votaries of tyranny and usurpation.

By order of the United States in Congress assembled.

PAPER NO. II.: REPLY TO THE RHODE ISLAND OBJECTIONS, TOUCHING IMPORT DUTIES.

By the United States in Congress assembled, December 16, 1782.

“The committee, consisting of Mr. Hamilton, Mr. Madison, and Mr. Fitzsimmons, to whom was referred the letter of 30th November, from the Honorable William Bradford, speaker of the lower house of Assembly of the state of Rhode Island, containing, under three heads, the reasons of that state for refusing their compliance with the recommendation of Congress for a duty on imports and prize goods, report, —

“That they flatter themselves the state, on a reconsideration of the objections they have offered, with a candid attention to the arguments which stand in opposition to them, will be induced to retract their dissent, convinced that the measure is supported on the most solid grounds of equal justice, policy, and general utility. The following observations, contrasted with each head of the objections, successively, will furnish a satisfactory answer to the whole:—

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First Objection. — ‘That the proposed duty would be unequal in its operation, bearing hardest upon the most commercial states, and so would press peculiarly hard upon that state which draws its chief support from commerce.’

“The most common experience, joined to the concurrent opinions of the ablest commercial and political observers, has established, beyond controversy, this general principle, ‘that every duty on imports is incorporated with the price of the commodity, and ultimately paid by the consumer, with a profit on the duty itself, as a compensation to the merchant for the advance of his money.’

“The merchant considers the duty demanded by the state on the imported article in the same light with freight, or any similar charge, and, adding it to the original cost, calculates his profit on the aggregate sum. It may happen that, at particular conjunctures, where the markets are overstocked, and there is a competition among the sellers, this may not be practicable; but in the general course of trade, the demand for consumption preponderates, and the merchant can with ease indemnify himself, and even obtain a profit on the advance. As a consumer, he pays his share of the duty: but it is no further a burden upon him. The consequence of the principle laid down is, that every class of the community bears its share of the duty in proportion to its consumption, which last is regulated by the comparative wealth of the respective classes, in conjunction with their habits of expense or frugality. The rich and luxurious pay in proportion to their riches and luxury; the poor and parsimonious, in proportion to their poverty and parsimony. A chief excellence of this mode of revenue is, that it preserves a just measure to the abilities of individuals, promotes frugality, and taxes extravagance. The same reasoning, in our situation, applies to the intercourse between two states; if one imports and the other does not, the latter must be supplied by the former. The duty, being transferred to the price of the commodity, is no more a charge on the importing state for what is consumed in the other, than it is a charge on the merchant for what is consumed by the farmer or artificer. Either state will only feel the burden in a ratio to its consumption, and this will be in a ratio to its population and wealth. What happens between the different classes of the same community, internally, happens between the two states; and as the merchant, in the first case, so far from losing the duty himself, has a profit on the money he advances for that purpose, so the importing state, which, in the second case, is the merchant with respect to the other, is not only reimbursed by the non-importing state, but has a like benefit on the duty advanced. It is, therefore, the reverse of a just position, that the duty proposed will bear hardest on the most commercial states: it will, if any thing, have a contrary effect, though not in a sufficient degree to justify an objection on the part of the non-importing states; for it is as reasonable they should allow an advance on the duty paid as on the first cost, freight, or any incidental charge. They have also other advantages in the measure fully equivalent to this disadvantage. Over-nice and minute calculations, in matters of this nature are inconsistent with national measures, and, in the imperfect state of human affairs, would stagnate all the operations of government. Absolute equality is not to be obtained; to aim at it, is pursuing a shadow at the expense of the substance; and in the event we should find ourselves wider of the mark than if, in the first instance, we were content to approach it with moderation.

Second Objection. — ‘That the recommendation proposes to introduce Edition: current; Page: [102] into that and the other states officers unknown and unaccountable to them, and so is against the Constitution of the state.’

“It is not to be presumed that the constitution of any state could mean to define and fix the precise numbers and descriptions of all officers to be permitted in the state, excluding the creation of any new ones, whatever might be the necessity derived from that variety of circumstances incident to all political institutions. The legislature must always have a discretionary power of appointing officers, not expressly known to the Constitution, and this power will include that of authorizing the federal government to make the appointments in cases where the general welfare may require it. The denial of this would prove too much; to wit, that the power given by the Confederation to Congress, to appoint all officers in the post-office, was illegal and unconstitutional.

“The doctrine advanced by Rhode Island would perhaps prove, also, that the federal government ought to have the appointment of no internal officers whatever — a position that would defeat all the provisions of the Confederation, and all the purposes of the union. The truth is, that no federal constitution can exist without powers that, in their exercise, affect the internal police of the component members. It is equally true that no government can exist without a right to appoint officers for those purposes which proceed from and concentre in itself; and therefore the Confederation has expressly declared that Congress shall have authority to appoint all such ‘civil officers as may be necessary for managing the general affairs of the United States under their direction.’ All that can be required is, that the federal government confine its appointments to such as it is empowered to make by the original act of union, or by the subsequent consent of the parties. Unless there should be express words of exclusion in the constitution of a state, there can be no reason to doubt that it is within the compass of legislative discretion to communicate that authority.

“The propriety of doing it, upon the present occasion, is founded on substantial reasons.

“The measure proposed is a measure of necessity. Repeated experiments have shown that the revenue to be raised within these states is altogether inadequate to the public wants. The deficiency can only be supplied by loans. Our applications to the foreign powers, on whose friendship we depend, have had a success far short of our necessities. The next resource is to borrow from individuals. These will neither be actuated by generosity nor reasons of state. It is to their interest alone we must appeal. To conciliate this, we must not only stipulate a proper compensation for what they lend, but we must give security for the performance. We must pledge an ascertained fund, simple and productive in its nature, general in its principle, and at the disposal of a single will. There can be little confidence in a security under the constant revisal of thirteen different deliberatives. It must, once for all, be defined and established on the faith of the states solemnly pledged to each other, and not revocable by any without a breach of the general compact.

“It is by such expedients that nations, whose resources are understood, whose reputations and governments are erected on the foundation of ages, are enabled to obtain a solid and extensive credit. Would it be reasonable in us to hope for more easy terms, who have so recently assumed our rank among the nations? Is it not to be expected that individuals will be cautious in lending their money to a people in our circumstances and that they will at least require the best security we can give?

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“We have an enemy vigilant, intriguing, well acquainted with our defects and embarrassments. We may expect that he will make every effort to instil diffidences into individuals; and in the present posture of our internal affairs, he will have too plausible ground on which to tread. Our necessities have obliged us to embrace measures, with respect to our public credit, calculated to inspire distrust. The prepossessions on this article must naturally be against us, and it is therefore indispensable we should endeavor to remove them, by such means as will be the most obvious and striking.

“It was with these views Congress determined on a general fund; and the one they have recommended must, upon a thorough examination, appear to have fewer inconveniences than any other.

“It has been remarked, as an essential part of the plan, that the fund should depend on a single will. This will not be the case, unless the collection, as well as the appropriation, is under the control of the United States; for it is evident that, after the duty is agreed upon, it may, in a great measure, be defeated by an ineffectual mode of levying it. The United States have a common interest in a uniform and equally energetic collection; and not only policy, but justice to all parts of the Union, designates the utility of lodging the power of making it where the interest is common. Without this, it might, in reality, operate as a very unequal tax.

Third Objection. — ‘That, by granting to Congress a power to collect moneys from the commerce of these states, indefinitely as to time and quantity, and for the expenditure of which they are not to be accountable to the states, they would become independent of their constituents: and so the proposed impost is repugnant to the liberty of the United States.

“Admitting the principle of this objection to be true, still it ought to have no weight in the present case, because there is no analogy between the principle and the fact.

“First. The fund proposed is sufficiently definite as to time, becauss it is only coëxtensive with the existence of the debt contracted, and to be contracted, in the course of the war. Congress are persuaded that it is as remote from the intention of their constituents to perpetuate that debt, as to extinguish it at once by a faithless neglect of providing the means to fulfil the public engagements. Their ability to discharge it in a moderate time can as little be doubted as their inclination; and the moment that debt ceases, the duty, so far as respects the present provision, ceases with it.

“The resolution recommending the duty specifies the object of it to be the discharge of the principal and interest of the debts already contracted, or which may be contracted, on the faith of the United States, for supporting the present war.

“Secondly. The rate per cent. is fixed, and it is not at the option of the United States to increase it. Though the product will vary according to the variations in trade, yet, as there is this limitation of the rate, it cannot be properly said to be indefinite as to the quantity.

“By the Confederation, Congress have an absolute discretion in determining the quantum of revenue requisite for the national expenditure. When this is done, nothing remains for the states, separately, but the mode of raising. No state can dispute the obligation to pay the sum demanded without a breach of the Confederation: and when the money comes into the treasury, the appropriation is the exclusive province of the Edition: current; Page: [104] foderal government. This provision of the Confederation (without which it would be an empty form) comprehends in it the principle in its fullest latitude, which the objection under consideration treats as repugnant to the liberties of the United States; to wit, an indefinite power of prescribing the quantity of money to be raised, and of appropriating it when raised.

“If it be said that the states individually, having the collection in their own hands, may refuse a compliance with exorbitant demands, the Confederation will answer, that this is a point of which they have no constitutional liberty to judge. Such a refusal would be an exertion of power, not of right, and the same power which could disregard a requisition made on the authority of the Confederation might at any time arrest the collection of the duty.

“The same kind of responsibility which exists with respect to the expenditure of the money furnished in the forms hitherto practised, would be equally applicable to the revenue from the imports.

“The truth is, the security intended to the general liberty in the Confederation, consists in the frequent election, and in the rotation of the members of Congress, by which there is a constant and effectual check upon them. This is the security which the people in every state enjoy against the usurpations of their internal governments, and it is the true source of security in a representative republic. The government, so constituted, ought to have the means necessary to answer the end of its institution. By weakening its hands too much, it may be rendered incapable of providing for the interior harmony, or the exterior defence, of the state.

“The measure in question, if not within the letter, is within the spirit, of the Confederation. Congress, by that, are empowered to borrow money for the use of the United States, and, by implication, to concert the means necessary to accomplish the end. But without insisting upon this argument, if the Confederation has not made proper provision for the exigencies of the states, it will be at all times the duty of Congress to suggest further provisions; and when their proposals are submitted to the unanimous consent of the states, they can never be charged with exceeding the bounds of their trust. Such a consent is the basis and sanction of the Confederation, which expressly, in the 13th article, empowers Congress to agree to and propose such additional provisions.

“The remarks hitherto made have had reference principally to the future prosecution of the war. There still remains an interesting light, in which the subject ought to be viewed.

“The United States have already contracted a debt in Europe, and in this country, for which their faith is pledged. The capital of this debt can only be discharged by degrees; but a fund for this purpose, and for paying the interest annually, on every principle of policy and justice, ought to be provided. The omission will be the deepest ingratitude and cruelty to a large number of meritorious individuals, who, in the most critical periods of the war, have adventured their fortunes in supporting our independence. It would stamp the national character with indelible disgrace.

“An annual provision for the purpose will be too precarious. If its continuance and application were certain, it would not afford complete relief. With many, the regular payment of interest, by occasional grants, would suffice; but with many more it would not. These want the use Edition: current; Page: [105] of the principal itself, and they have a right to it; but since it is not in our power to pay off the principal, the next expedient is to fund the debt: and render the evidences of it negotiable.

“Beside the advantage to individuals from this arrangement, the active stock of the nation would be increased by the whole amount of the domestic debt, and of course the abilities of the community to contribute to the public wants; the national credit would revive, and stand hereafter on a secure basis.

“This was another object of the proposed duty.

“If it be conceded that a similar fund is necessary, it can hardly be disputed that the one recommended is the most eligible. It has been already shown that it affects all parts of the community in proportion to their consumption, and has therefore the best pretensions to equality. It is the most agreeable tax to the people that can be imposed, because it is paid insensibly, and seems to be voluntary.

“It may, perhaps, be imagined that it is unfavorable to commerce; but the contrary can easily be demonstrated. It has been seen that it does not diminish the profit of the merchant, and of course can be no diminution of his inducements to trade. It is too moderate in its amount to discourage the consumption of imported goods, and cannot, on that account, abridge the extent of importations. If it even had this effect, it would be an advantage to commerce by lessening the proportion of our imports to our exports, and inclining the balance in favor of this country.

“The principal thing to be consulted for the advancement of commerce, is to promote exports. All impediments to these, either by way of prohibiting, or by increasing the prices of native commodities, decreasing, by that means, their sale and consumption at foreign markets, are injurious. Duties on exports have this operation. For the same reason, taxes on possessions, and the articles of our own growth or manufacture, whether in the form of a land tax, excise, or any other, are more hurtful to trade than impost duties. The tendency of all such taxes is to increase the prices of those articles which are the objects of exportation, and to enable others to undersell us abroad. The farmer, if he pays a heavy land tax, must endeavor to get more for the products of his farm. The mechanic and laborer, if they find the necessaries of life grow dearer by an excise, must endeavor to exact higher wages; and these causes will produce an increase of prices within, and operate against foreign commerce.

“It is not, however, to be inferred that the whole revenue ought to be drawn from imports; all extremes are to be rejected. The chief thing to be attended to is, that the weight of the taxes fall not too heavily, in the first instance, upon particular parts of the community. A judicious distribution to all kinds of taxable property is a first principle in taxation. The tendency of these observations is only to show that taxes on possessions, on articles of our own growth and manufacture, are more prejudicial to trade than duties on imports.

“The observations which conclude the letter on which these remarks are made, naturally lead to reflections that deserve the serious attention of every member of the Union. There is a happy mean between too much confidence and excessive jealousy, in which the health and prosperity of a state consist. Either extreme is a dangerous vice: the first is a temptation to men in power to arrogate more than they have a right to; the latter enervates government, prevents system in the administration defeats the most salutary measures, breeds confusion in the state, disgusts Edition: current; Page: [106] and discontents among the people, and may eventually prove as fatal to liberty as the opposite temper.

“It is certainly pernicious to leave any government in a situation of responsibility disproportioned to its power.

“The conduct of the war is intrusted to Congress, and the public expectation turned upon them, without any competent means at their command to satisfy the important trust. After the most full and solemn deliberation, under a collective view of all the public difficulties, they recommend a measure which appears to them the corner-stone of the public safety: they see this measure suspended for near two years; partially complied with by some of the states; rejected by one of them, and in danger, on that account, to be frustrated; the public embarrassments every day increasing; the dissatisfaction of the army growing more serious; the other creditors of the public clamoring for justice; both irritated by the delay of measures for their present relief or future security; the hopes of our enemies encouraged to protract the war; the zeal of our friends depressed by an appearance of remissness and want of exertion on our part; Congress harassed; the national character suffering, and the national safety at the mercy of events.

“This state of things cannot but be extremely painful to Congress, and appears to your committee to make it their duty to be urgent to obviate the evils with which it is pregnant.”

Resolved, That Congress agree to the said report.

POWERS OF CONGRESS TO REGULATE COMMERCE.

Friday, April 30, 1784. — Congress took into consideration the report of a committee, consisting of Mr. Gerry, Mr. Reed, Mr. Williamson, Mr. Chase, and Mr. Jefferson, to whom were referred sundry letters and papers relative to commercial matters; and the following paragraph being under debate, —

“That it be recommended to the legislatures of the several states to vest the United States in Congress assembled, for the term of fifteen years, with a power to prohibit any goods, wares, or merchandise, from being imported into any of the states, except in vessels belonging to, and navigated by, citizens of the United States, or the subjects of foreign powers with whom the United States may have treaties of commerce,” —

A motion was made by Mr. Howell, seconded by Mr. Ellery, to postpone the consideration thereof, in order to take up the following: —

“That it be recommended to the legislatures of the several states to restrain, by imposts or prohibitions, any goods, wares, or merchandise, from being imported into them respectively, except in vessels belonging to, and navigated by, citizens of the United States, or the subjects of foreign powers with whom the United States may have treaties of commerce, or the subjects of such foreign powers as may admit of a reciprocity in their trade with the citizens of these states. That it be recommended to the legislatures of the several states to prohibit the subjects of any foreign state, kingdom, or empire, from importing into them, respectively, any goods, wares, or merchandise, unless such as are the produce or manufacture of that state, kingdom, or empire, whose subjects they are.”

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And on the question to postpone, for the purpose above mentioned the yeas and nays being required by Mr. Ellery, —

New Hampshire, Mr. Foster, No. }No.
Mr. Blanchard, No. }
Massachusetts, Mr. Gerry, No. }No.
Mr. Partridge, No. }
Rhode Island, Mr. Ellery, Ay. }Ay.
Mr. Howell, Ay. }
Connecticut, Mr. Sherman, No. }Divided.
Mr. Wadsworth, Ay. }
New York, Mr. De Witt, No. }No.
Mr. Paine, No. }
New Jersey, Mr. Beatty, No. }No.
Mr. Dick, No. }
Pennsylvania, Mr. Mifflin, No. }No.
Mr. Montgomery, No. }
Maryland, Mr. Stone, No. }No.
Mr. Chase, No. }
Virginia, Mr. Mercer, No. }No.
Mr. Monroe, No. }
North Carolina, Mr. Williamson, No. }No.
Mr. Spaight, No. }
South Carolina, Mr. Reed, No. }

So it passed in the negative.

The report, being amended, was agreed to as follows: —

“The trust reposed in Congress renders it their duty to be attentive to the conduct of foreign nations, and to prevent or restrain, as far as may be, all such proceedings as might prove injurious to the United States. The situation of commerce at this time claims the attention of the several states, and few objects of greater importance can present themselves to their notice. The fortune of every citizen is interested in the success thereof; for it is the constant source of wealth and incentive to industry; and the value of our produce and our land must ever rise or fall in proportion to the prosperous or adverse state of trade.

“Already has Great Britain adopted regulations destructive of our commerce with her West India Islands. There was reason to expect that measures so unequal, and so little calculated to promote mercantile intercourse, would not be persevered in by an enlightened nation. But these measures are growing into a system. It would be the duty of Congress, as it is their wish, to meet the attempts of Great Britain with similar restrictions on her commerce; but their powers on this head are not explicit, and the propositions made by the legislatures of the several states render it necessary to take the general sense of the Union on this subject.

“Unless the United States in Congress assembled shall be vested with powers competent to the protection of commerce, they can never command reciprocal advantages in trade; and without these, our foreign commerce must decline, and eventually be annihilated. Hence it is necessary that the states should be explicit, and fix on some effectual mode by which foreign commerce not founded on principles of equality may be restrained.

“That the United States may be enabled to secure such terms, they have

Resolved, That it be, and it hereby is, recommended to the legislatures of the several states, to vest the United States in Congress assembled, for the term of fifteen years, with power to prohibit any goods, wares, or merchandise, from being imported into, or exported from, any of the states, in vessels belonging to, or navigated by, the subjects of any power with whom these states shall not have formed treaties of commerce.

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Resolved, That it be, and it hereby is, recommended to the legislatures of the several states, to vest the United States in Congress assembled, for the term of fifteen years, with the power of prohibiting the subjects of any foreign state, kingdom, or empire, unless authorized by treaty, from importing into the United States any goods, wares, or merchandise, which are not the produce or manufacture of the dominions of the sovereign whose subjects they are.

Provided, That to all acts of the United States in Congress assembled, in pursuance of the above powers, the assent of nine states shall be necessary.”

REPORT OF THE STATES ON THE REGULATION OF COMMERCE, &c.

Friday, March 3, 1786. — The committee, consisting of Mr. Kean, Mr. Gorham, Mr. Pinckney, Mr. Smith, and Mr. Grayson, to whom were recommended sundry papers and documents relative to commerce, and the acts passed by the states in consequence of the recommendations of Congress of the 30th of April, 1784, report, —

“That, in examining the laws passed by the states, in consequence of the act of 30th April, 1784, they find that four states — namely, Massachusetts, New York, New Jersey, and Virginia — have enacted laws conformable to the recommendations contained in the act, but have restrained their operation until the other states shall have substantially complied.

“That three states — namely, Connecticut, Pennsylvania, and Maryland — have passed laws conforming to the same, but have determined the time from which they are to commence; the first, from the time of passing their act in May, 1785; and the two latter, from the 30th of April, 1784.

“That New Hampshire, by an act passed the 23d of June, 1785, has granted full powers to regulate their trade, by restrictions or duties, for fifteen years, with a proviso that the law shall be suspended until the other states have substantially done the same.

“That Rhode Island, by acts passed in February and October, 1785, has granted power, for the term of twenty-five years, to regulate trade between the respective states, and of prohibiting, restraining, or regulating, the importation only of all foreign goods in any ships or vessels other than those owned by citizens of the United States, and navigated by a certain proportion of citizens, and also with a proviso restrictive of its operation until the other states shall have substantially complied.

“That North Carolina, by an act passed the 2d June, 1784, has granted powers similar to those granted by Rhode Island, relative to foreign commerce, but unrestrained in duration, and clogged with a clause, that, when all the states shall have substantially complied therewith, it shall become an article of confederation and perpetual union.

“That they cannot find that the three other states — namely, Delaware, South Carolina, and Georgia — have passed any laws in consequence of the recommendations. The result is, that four states have fully complied; three others have also complied, but have determined the time of commencement, so that there will be a dissimilarity in the duration of the power granted; that three other states have passed laws in pursuance of the recommendations, but so inconsonant to them, both in letter and Edition: current; Page: [109] spirit, that they cannot be deemed compliances; and that three other states have passed no acts whatever.

“That, although the powers to be vested by the recommendations, do not embrace every object which may be necessary in a well-formed system, yet, as many beneficial effects may be expected from them, the committee think it the duty of Congress again to call the attention of the states to this subject, the longer delay of which must be attended with very great evils; whereupon,

Resolved, That the recommendations of the 30th April, 1784, be again presented to the view of the states of Delaware, South Carolina, and Georgia, and that they be most earnestly called upon to grant powers conformable thereto.

Resolved, That the states of New Hampshire, Rhode Island, and North Carolina, be solicited to reconsider their acts, and to make them agreeable to the recommendations of the 30th April, 1784.

Resolved, That the time for which the power under the recommendations of the 30th April, 1784, is to continue, ought to commence on the day that Congress shall begin to exercise it; and that it be recommended to the states of Pennsylvania, Connecticut, and Maryland, to amend their acts accordingly.”

Friday, September 29, 1786. — The delegates for Georgia laid before Congress an act of that state, in pursuance of the recommendations of the 30th April, 1784, passed the 2d of August, 1786, vesting the United States in Congress assembled, for the term of fifteen years, commencing on the day Congress shall begin to exercise the powers, with a power to prohibit the importation or exportation of goods, wares, or merchandise, in ships belonging to, or navigated by, subjects of powers with whom the United States shall not have formed treaties of commerce, and to prohibit the subjects of foreign states, unless authorized by treaty, from importing goods, wares, or merchandise, which shall not be the produce or manufacture of the dominion of the sovereign whose subjects they are; provided, that nine states agree in the exercise of this power, and that it do not extend to prohibit the importation of negroes, and that the act shall not have force until the other twelve states have substantially complied with the recommendation above mentioned.

Monday, October 23, 1786. — The committee, consisting of Mr. Pinckney, Mr. Smith, and Mr. Henry, to whom was referred an act of the legislature of the state of Georgia, passed in consequence of the resolutions of the 30th of April, 1784, respecting commerce, and the subject of the said recommendation, having reported, —

“That it appears, by the said resolutions, the United States in Congress assembled recommended to the legislatures of the several states to vest them, for the term of fifteen years, with powers to prohibit any goods, wares, or merchandise, from being imported into, or exported from, any of the states, in vessels belonging to, or navigated by, the subjects of any power with whom these states shall not have formed treaties of commerce; that they also recommended to the legislatures of the said states to vest the United States in Congress assembled, for the term of fifteen years, with the power of prohibiting the subjects of any foreign state, kingdom, or empire, unless authorized by treaty, from importing into the United States any goods, wares, or merchandise, which are not the produce or manufacture of the dominions of the sovereign whose subjects they are, provided, that to all acts of the United States in Congress assembled, in pursuance Edition: current; Page: [110] of the above powers, the assent of nine states shall be necessary. The committee have carefully examined the acts passed by the several states, in pursuance of the above recommendation, and find that the state of Delaware has passed an act in full compliance with the same; that the act of the states of Massachusetts, Rhode Island, New York, New Jersey, Virginia, and Georgia, are in conformity to the said recommendation, but restrained in their operation until the other states should have granted powers equally extensive; that the states of Connecticut, Pennsylvania, and Maryland, have passed laws agreeable to the said resolutions, but have fixed the time at which the powers thereby invested shall begin to operate, and not left the same to commence at the time at which Congress shall begin to exercise it, which your committee conceive to have been the intention of the same; that South Carolina, by an act passed the 11th March, 1786, has invested the United States in Congress assembled with the power of regulating the trade of the United States with the West Indies, and all other external or foreign trade of the said states, for the term of fifteen years from the passing of the said act; that New Hampshire, by their act of the 23d of June, 1785, invested the United States in Congress assembled with the full power of regulating trade for fifteen years, by restrictions or duties, with a proviso suspending its operation until all the other states shall have done the same; that North Carolina, by their act of the 2d of June, 1784, has authorized their delegates to agree to and ratify an article or articles by which Congress shall be empowered to prohibit the importation of all foreign goods, in any other than vessels owned by citizens of the United States, or navigated by such a proportion of seamen, citizens of the United States, as may be agreed to by Congress, which, when agreed to by all the states, shall be considered as a part of the Articles of Confederation and Perpetual Union.

“From the above review of the acts passed by the several states, in consequence of the said recommendation, it appears that though, in order to make the duration of the powers equal, it will be necessary for the states of Connecticut, Pennsylvania, Maryland, and South Carolina, so far to amend their acts as to permit the authorities therein granted to commence their operation at the time Congress shall begin to exercise them, yet still the powers granted by them, and by the states of Massachusetts, Rhode Island, New York, New Jersey, Delaware, Virginia, and Georgia, are otherwise in such compliance with the recommendation, that if the states of New Hampshire and North Carolina had conformed their acts to the said resolution, agreeably to the urgent recommendation of Congress of the 3d of March last, the powers therein requested might immediately begin to operate. The committee, however are of opinion that the acts of the states of New Hampshire and North Carolina manifest so liberal a disposition to grant the necessary powers upon this subject, that their not having complied with the recommendation of March last must be attributed to other reasons than a disinclination in them to adopt measures similar to those of their sister states. The committee, therefore, conceive it unnecessary to detail to them the situation of our commerce, languishing under the most ruinous restrictions in foreign ports, or the benefits which must arise from the due and equal use of powers competent to its protection and support, by that body which can alone beneficially, safely, and effectually, exercise the same — whereupon —

Resolved, That it be again earnestly recommended to the legislatures of the states of New Hampshire and North Carolina, at their next session, Edition: current; Page: [111] to reconsider their acts, and pass them in such conformity with the resolutions of the 20th April, 1784, as to enable, on their part, the United States in Congress assembled to exercise the powers thereby invested, as soon as possible.

Resolved, That, as the extent and duration of the powers to be exercised by the United States in Congress assembled, under the recommendation above mentioned, ought to be equal, it be recommended to the legislatures of Connecticut, Pennsylvania, Maryland, and South Carolina, so far to amend their acts as to vest the powers therein contained for the term of fifteen years, from the day on which Congress shall begin to exercise the same.”

Wednesday, July 13, 1785.—Congress took into consideration the report of a committee, consisting of Mr. Monroe, Mr. Spaight, Mr. Houstoun, Mr. Johnson, and Mr. King, on motion of Mr. Monroe, for vesting the United States in Congress assembled with the power of regulating trade; and the same being read,—

Ordered, That it be referred to a committee of the whole.

Congress was then resolved into a committee of the whole. Mr. Holten was elected to the chair.

The president resumed the chair, and Mr. Holten reported that the committee of the whole have had under consideration the subject referred to them, but, not having come to a conclusion, desire leave to sit again to-morrow.

Resolved, That leave be granted.

[The following is the report referred to. It was afterwards further considered; but Congress did not come to any final determination with respect to the constitutional alteration which it proposed. It was deemed most advisable, at the time, that any proposition for perfecting the Act of Confederation should originate with the state legislatures.]

“The committee, consisting of Mr. Monroe, Mr. Spaight, Mr. Houstoun, Mr. Johnson, and Mr. King, to whom was referred the motion of Mr. Monroe, submit the following report: —

“That the 1st paragraph of the 9th of the Articles of Confederation be altered, so as to read thus, viz.: —

“The United States in Congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the 6th article — of sending and receiving ambassadors — entering into treaties and alliances — of regulating the trade of the states, as well with foreign nations as with each other, and of laying such imposts and duties, upon imports and exports, as may be necessary for the purpose; provided, that the citizens of the states shall in no instance be subjected to pay higher imposts and duties that those imposed on the subjects of foreign powers; provided, also, that the legislative power of the several states shall not be restrained from prohibiting the importation or exportation of any species of goods or commodities whatever; provided, also, that all such duties as may be imposed shall be collected under the authority and accrue to the use of the state in which the same shall be payable; and provided, lastly, that every act of Congress, for the above purpose, shall have the assent of nine states in Congress assembled — of establishing rules for deciding, in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated — of granting letters of marque and reprisal in time of peace — appointing Edition: current; Page: [112] courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures; provided, that no member of Congress shall be appointed judge of any of the said courts.

“That the following letter be addressed to the legislatures of the several states, showing the principles on which the above alteration is proposed: —

“ ‘The United States having formed treaties of commerce with the most Christian king, the king of Sweden, and the States-General of the United Netherlands; and having appointed ministers with full authority to enter into treaties with other powers, upon such principles of reciprocity as may promote their peace, harmony, and respective interests; it becomes necessary that such internal arrangements should be made as may strictly comport with the faith of those treaties, and insure success to their future negotiations. But in the pursuit of the means necessary for the attainment of these ends, considerable difficulties arise. If the legislature of each state adopts its own measures, many and very eminent disadvantages must, in their opinion, necessarily result therefrom. They apprehend it will be difficult for thirteen different legislatures, acting separately and distinctly, to agree in the same interpretation of a treaty, to take the same measures for carrying it into effect, and to conduct their several operations upon such principles as to satisfy those powers, and at the same time to preserve the harmony and interests of the Union; or to concur in those measures which may be necessary to counteract the policy of those powers with whom they shall not be able to form commercial treaties, and who avoid it merely from an opinion of their imbecility and indecision. And if the several states levy different duties upon their particular produce, exported to the ports of those powers, or upon the produce and manufactures of those powers imported into each state, either in vessels navigated by and belonging to the citizens of these states, or the subjects of those powers, it will, they apprehend, induce, on their part, similar discriminations in the duties upon the commercial intercourse with each state, and thereby defeat the object of those treaties, and promote the designs of those who wish to profit from their embarrassment.

“ ‘Unless the United States in Congress assembled are authorized to make those arrangements which become necessary under their treaties, and are enabled to carry them into effect, they cannot complain of a violation of them on the part of other powers. And unless they act in concert, in the system of policy which may be necessary to frustrate the designs of those powers who lay injurious restraints on their trade, they must necessarily become the victims of their own indiscretion.

“ ‘The common principle upon which a friendly commercial intercourse is conducted between independent nations, is that of reciprocal advantages: and if this is not obtained, it becomes the duty of the losing party to make such further regulations, consistently with the faith of treaties, as will remedy the evil, and secure its interests. If, then, the commercial regulations of any foreign power contravene the interests of any particular state,—if they refuse admittance to its produce into its ports upon the same terms that the state admits its manufactures here—what course will it take to remedy the evil? If it makes similar regulations to counteract those of that power, by reciprocating the disadvantages which it feels, by impost or otherwise, will it produce the desired effect? What operation will it have upon the neighboring states? Will they enter into Edition: current; Page: [113] similar regulations, and make it a common cause? On the contrary, will they not, in pursuit of the same local policy, avail themselves of this circumstance, to turn it to their particular advantage? Thus, then, we behold the several states taking separate measures in pursuit of their particular interests, in opposition to the regulations of foreign powers, and separately aiding those powers to defeat the regulations of each other; for, unless the states act together, there is no plan of policy, into which they can separately enter, which they will not be separately interested to defeat, and of course all their measures must prove vain and abortive.

“ ‘The policy of each nation, in its commercial intercourse with other powers, is to obtain, if possible, the principal share of the carriage of the materials of either party; and this can only be effected by laying higher duties upon imports and exports in foreign vessels, navigated by the subjects of foreign powers, than in those which belong to, and are navigated by, those of its own dominions. This principle prevails, in a greater or less degree, in the regulations of the oldest and wisest commercial nations, with respect to each other, and will, of course, be extended to these states. Unless, therefore, they possess a reciprocal power, its operation must produce the most mischievous effects. Unable to counteract the restrictions of those powers by similar restrictions here, or to support the interests of their citizens by discriminations in their favor, their system will prevail. Possessing no advantages in the ports of his own country, and subjected to much higher duties and restrictions in those of other powers, it will necessarily become the interest of the American merchant to ship his produce in foreign bottoms; of course, their prospects of national consequence must decline, their merchants become only the agents and retailers of those of foreign powers, their extensive forests be hewn down and laid waste, to add to their strength and national resources, and the American flag be rarely seen on the face of the seas.

“ ‘But if they act as a nation, the prospect is more favorable to them. The particular interests of every state will then be brought forward, and receive a federal support. Happily for them, no measures can be taken to promote the interests of either which will not equally promote that of the whole. If their commerce is laid under injurious restrictions in foreign ports, by going hand in hand, in confidence, together, by wise and equitable regulations, they will the more easily sustain the inconvenience or remedy the evil. If they wish to cement the Union by the strongest ties of interest and affection; if they wish to promote its strength and grandeur, founded upon that of each individual state; every consideration of local, as well as of federal policy, urges them to adopt the following recommendations: —

“ ‘The situation of the commercial affairs of the Union requires that the several legislatures should come to the earliest decision on the subject which they now submit to their consideration. They have weighed it with that profound attention which is due to so important an object, and are fully convinced of its expediency: a further delay must be productive of inconvenience. The interests which will vest in every part of the Union must soon take root and have their influence. The produce raised upon the banks of those great rivers and lakes, which have their sources high up in the interior parts of the continent, will empty itself into the Atlantic in different directions; and of course, as the states rearing to the westward attain maturity and get admission into the Confederation, their government will become more complicated. Whether this will be the Edition: current; Page: [114] source of strength and wealth to the Union, must, therefore, in a great degree, depend upon the measures which may be now adopted.

“ ‘A temporary power would not, in their opinion, enable the United States to establish the interests, nor attain the salutary object, which they propose; the expectation that it will revert to the states, and remain with them for the future, would lessen its weight with foreign powers; and while the interests of each state, and of the federal government, continue to be the same, the same evils will always require the same correction, and of course the necessary powers should always be lodged in the same hands. They have, therefore, thought proper to propose an efficient and perpetual remedy.’ ”

[The subject was afterwards brought forward, in the House of Delegates of the commonwealth of Virginia, by Mr. Madison, whose proposed resolution, and the proceedings thereupon, are annexed.]

MR. MADISON’S RESOLUTION FOR EMPOWERING CONGRESS TO REGULATE TRADE.

Virginia, to wit: In the House of Delegates, Wednesday, the 30th of November, 1785. — Mr. Alexander White reported, according to order, a resolution agreed to by the committee of the whole house, on Monday last, respecting commerce; and he read the same in his place, and afterwards delivered it in at the clerk’s table, where the same was again read, and is as followeth: —

“Whereas the relative situation of the United States has been found, on trial, to require uniformity in their commercial regulations, as the only effectual policy for obtaining, in the ports of foreign nations, a stipulation of privileges reciprocal to those enjoyed by the subjects of such nations in the ports of the United States; for preventing animosities which cannot fail to arise among the several states from the interference of partial and separate regulations; and whereas such uniformity can be best concerted and carried into effect by the federal councils, which, having been instituted for the purpose of managing the interests of the states in cases which cannot so well be provided for by measures individually pursued, ought to be invested with authority in this case, as being within the reason and policy of their institution, —

Resolved, That it is the opinion of this committee, that the delegates representing this commonwealth in Congress be instructed to propose in Congress a recommendation to the states in union, to authorize that assembly to regulate their trade, on the following principles, and under the following qualifications: —

“1st. That the United States in Congress assembled be authorized to prohibit vessels belonging to any foreign nation from entering any of the ports thereof, or to impose any duties on such vessels and their cargoes which may be judged necessary; all such prohibitions and duties to be uniform throughout the United States, and the proceeds of the latter to be carried into the treasury of the state within which they shall accrue.

“2d. That no state be at liberty to impose duties on any goods, wares, or merchandise, imported, by land or by water, from any other state, but may altogether prohibit the importation from any state of any particular species or description of goods, wares, or merchandise, of which the importation is at the same time prohibited from all other places whatsoever.

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“3d. That no act of Congress, that may be authorized as hereby proposed, shall be entered into by less than two thirds of the confederated states, nor be in force longer than thirteen years.”

A motion was made, and the question being put, to amend the resolution by adding to the end thereof the following words, to wit: “unless continued by a like proportion of votes within one year immediately preceding the expiration of the said period, or be revived in like manner after the expiration thereof,” it passed in the negative — ayes, 28; noes, 79.

On a motion made by Mr. Turberville, and seconded by Mr. Watkins, —

Ordered, That the names of the ayes and noes, on the question to agree to the said amendment, be inserted in the journal.

And then the said resolution, being again read, was, on the question put thereon, agreed to by the house.

Ordered, That Mr. Alexander White do carry the resolution to the Senate, and desire their concurrence.

Thursday, December 1, 1785. — On a motion made to the following effect — that the resolution reported from a committee of the whole house, and agreed to by the house on yesterday, containing instructions to the delegates of this commonwealth in Congress, respecting commerce, does not, from a mistake, contain the sense of the majority of this house that voted for the said resolution.

Ordered, therefore, That the direction to send the said resolution to the Senate for their concurrence be rescinded, and that this house do immediately resolve itself into a committee of the whole house, to reconsider the said resolution.

It was resolved in the affirmative — ayes, 60; noes, 33.

The house then accordingly resolved itself into a committee of the whole house on the said resolution; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Matthews reported that the said committee had, according to order, had the said resolution under their consideration, and had made several amendments thereto, which they had directed him to report when the house should think proper to receive the same.

Ordered, That the said report do lie on the table.

[With the same object in view, the General Assembly of Virginia eventually pursued a different course to attain it, as will be seen by the subjoined resolution.]

PROPOSITION OF THE GENERAL ASSEMBLY OF VIRGINIA.

Virginia, ss. In the House of Delegates, January 21, 1786.

Resolved, That Edmund Randolph, James Madison, Jun., Walter Jones, St. George Tucker, Meriwether Smith, David Ross, William Ronald and George Mason, Esquires, be appointed commissioners, who, or any five of whom, shall meet such commissioners as may be appointed by the other states in the Union, at a time and place to be agreed on, to take into consideration the trade of the United States; to examine the relative situation and trade of the said states; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony; and to report to the several states such an act relative to this great object as, when unanimously ratified by them, will enable the United States in Congress assembled effectually to provide for Edition: current; Page: [116] the same that the said commissioners shall immediately transmit to the several states copies of the preceding resolution, with a circular letter requesting their concurrence therein, and proposing a time and place for the meeting aforesaid.

Test, JOHN BECKLEY, C. H. D.
1786, January 21.
Agreed to by the Senate. H. BROOKE, C. S.

By his excellency, Patrick Henry, Esquire, governor of the commonwealth of Virginia, it is hereby certified that John Beckley, the person subscribing the above resolve, is clerk of the House of Delegates, and that due faith and credit is, and ought to be, paid to all things done by him by virtue of his office.

[l. s.] Given under my hand as governor, and under the seal of the commonwealth, at Richmond, the 6th day of July, 1786.

P. HENRY.

[Certain other of the states came readily into the measure proposed, and a meeting of commissioners took place at Annapolis, whose proceedings are stated in the following report.]

PROCEEDINGS OF COMMISSIONERS TO REMEDY DEFECTS OF THE FEDERAL GOVERNMENT.

Annapolis, in the State of Maryland, September 11, 1786. — At a meeting of commissioners from the states of New York, New Jersey, Pennsylvania, Delaware, and Virginia:

PRESENT,

New York. Delaware.
Alexander Hamilton, George Read,
Egbert Benson. John Dickinson,
Richard Bassett.
New Jersey.
Abraham Clark, Virginia.
William C Houston, Edmund Randolph,
James Schureman. James Madison, Jun.,
Pennsylvania. St. George Tucker.
Tench Coxe.

Mr. Dickinson was unanimously elected chairman.

The commissioners produced their credentials from their respective states, which were read.

After a full communication of sentiments, and deliberate consideration of what would be proper to be done by the commissioners now assembled, it was unanimously agreed that a committee be appointed to prepare a draft of a report to be made to the states having commissioners attending at this meeting.

Adjourned till Wednesday morning.

Wednesday, September 13, 1786. — Met agreeably to adjournment.

The committee appointed for that purpose reported the draft of the report, which being read, the meeting proceeded to the consideration thereof; and, after some time spent therein, adjourned till to-morrow morning.

Thursday, September 14, 1786. — Met agreeably to adjournment.

The meeting resumed the consideration of the draft of the report, Edition: current; Page: [117] and, after some time spent therein, and amendments made, the same was unanimously agreed to, and is as follows, to wit: —

“To the Honorable the Legislatures of Virginia, Delaware, Pennsylvania, New Jersey, and New York, the commissioners from the said states respectively, assembled at Annapolis, humbly beg leave to report, —

“That, pursuant to their several appointments, they met at Annapolis in the state of Maryland, on the 11th day of September instant; and having proceeded to a communication of their powers, they found that the states of New York, Pennsylvania, and Virginia, had, in substance, and nearly in the same terms, authorized their respective commissioners ‘to meet such commissioners as were or might be appointed by the other states in the Union, at such time and place as should be agreed upon by the said commissioners, to take into consideration the trade and commerce of the United States; to consider how far a uniform system in their commercial intercourse and regulations might be necessary to their common interest and permanent harmony; and to report to the several states such an act relative to this great object as, when unanimously ratified by them, would enable the United States in Congress assembled effectually to provide for the same.’

“That the state of Delaware had given similar powers to their commissioners, with this difference only, that the act to be framed in virtue of these powers is required to be reported ‘to the United States in Congress assembled, to be agreed to by them, and confirmed by the legislatures of every state.’

“That the state of New Jersey had enlarged the object of their appointment, empowering their commissioners ‘to consider how far a uniform system in their commercial regulations and other important matters might be necessary to the common interest and permanent harmony of the several states;’ and to report such an act on the subject as, when ratified by them, ‘would enable the United States in Congress assembled effectually to provide for the exigencies of the Union.’

“That appointments of commissioners have also been made by the states of New Hampshire, Massachusetts, Rhode Island, and North Carolina, none of whom, however, have attended; but that no information has been received, by your commissioners, of any appointment having been made by the states of Connecticut, Maryland, South Carolina, or Georgia.

“That the express terms of the powers to your commissioners supposing a deputation from all the states, and having for object the trade and commerce of the United States, your commissioners did not conceive it advisable to proceed on the business of their mission under the circumstance of so partial and defective a representation.

“Deeply impressed, however, with the magnitude and importance of the object confided to them on this occasion, your commissioners cannot forbear to indulge an expression of their earnest and unanimous wish, that speedy measures may be taken to effect a general meeting of the states, in a future convention, for the same and such other purposes as the situation of public affairs may be found to require.

“If, in expressing this wish, or in intimating any other sentiment, your commissioners should seem to exceed the strict bounds of their appointment, they entertain a full confidence that a conduct dictated by an anxiety for the welfare of the United States will not fail to receive an indulgent construction.

“In this persuasion your commissioners submit an opinion, that the Edition: current; Page: [118] idea of extending the powers of their deputies to other objects than those of commerce, which has been adopted by the state of New Jersey, was an improvement on the original plan, and will deserve to be incorporated into that of a future convention. They are the more naturally led to this conclusion, as, in the course of their reflections on the subject, they have been induced to think that the power of regulating trade is of such comprehensive extent, and will enter so far into the general system of the federal government, that, to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a correspondent adjustment of other parts of the federal system.

“That there are important defects in the system of the federal government, is acknowledged by the acts of all those states which have concurred in the present meeting; that the defects, upon a closer examination, may be found greater and more numerous than even these acts imply, is at least so far probable, from the embarrassments which characterize the present state of our national affairs, foreign and domestic, as may reasonably be supposed to merit a deliberate and candid discussion, in some mode which will unite the sentiments and councils of all the states. In the choice of the mode, your commissioners are of opinion that a convention of deputies from the different states, for the special and sole purpose of entering into this investigation, and digesting a plan for supplying such defects as may be discovered to exist, will be entitled to a preference, from considerations which will occur without being particularized.

“Your commissioners decline an enumeration of those national circumstances on which their opinion respecting the propriety of a future convention, with more enlarged powers, is founded; as it would be a useless intrusion of facts and observations, most of which have been frequently the subject of public discussion, and none of which can have escaped the penetration of those to whom they would in this instance be addressed. They are, however, of a nature so serious, as, in the view of your commissioners, to render the situation of the United States delicate and critical, calling for an exertion of the united virtue and wisdom of all the members of the confederacy.

“Under this impression, your commissioners, with the most respectful deference, beg leave to suggest their unanimous conviction, that it may essentially tend to advance the interests of the Union, if the states, by whom they have been respectively delegated, would themselves concur, and use their endeavors to procure the concurrence of the other states, in the appointment of commissioners, to meet at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in Congress assembled, as, when agreed to by them, and afterwards confirmed by the legislatures of every state, will effectually provide for the same.

“Though your commissioners could not with propriety address these observations and sentiments to any but the states they have the honor to represent, they have nevertheless concluded, from motives of respect, to transmit copies of this report to the United States in Congress assembled, and to the executive of the other states.

“By order of the Commissioners.

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Resolved, That the chairman sign the aforegoing report in behalf of the commissioners. Then adjourned without day.

New York. Delaware.
Egbert Benson, George Read,
Alexander Hamilton. John Dickinson,
Richard Bassett.
New Jersey.
Abra. Clark, Virginia.
Wm. Ch Houston, Edmund Randolph,
James Schureman. James Madison, Jun.,
Pennsylvania. St. George Tucker
Tench Coxe.

REPORT OF PROCEEDINGS.

In Congress, Wednesday, February 21, 1787. — The report of a grand committee, consisting of Mr. Dane, Mr. Varnum, Mr. S. M. Mitchell, Mr. Smith, Mr. Cadwallader, Mr. Irvine, Mr. N. Mitchell, Mr. Forrest, Mr. Grayson, Mr. Blount, Mr. Bull, and Mr. Few, to whom was referred a letter of 14th September, 1786, from J. Dickinson, written at the request of commissioners from the states of Virginia, Delaware, Pennsylvania, New Jersey, and New York, assembled at the city of Annapolis, together with a copy of the report of the said commissioners to the legislatures of the states by whom they were appointed, being an order of the day, was called up, and which is contained in the following resolution, viz.: —

“Congress having had under consideration the letter of John Dickinson, Esq., chairman of the commissioners who assembled at Annapolis during the last year; also the proceedings of the said commissioners; and entirely coinciding with them as to the inefficiency of the federal government, and the necessity of devising such further provisions as shall render the same adequate to the exigencies of the Union, do strongly recommend to the different legislatures to send forward delegates, to meet the proposed convention, on the second Monday in May next, at the city of Philadelphia.”

The delegates for the state of New York thereupon laid before Congress instructions which they had received from their constituents, and, in pursuance of the said instructions, moved to postpone the further consideration of the report in order to take up the following proposition, viz.: —

“That it be recommended to the states composing the Union, that a convention of representatives, from the said states respectively, be held at —, on —, for the purpose of revising the Articles of Confederation and Perpetual Union between the United States of America, and reporting to the United States in Congress assembled, and to the states respectively, such alterations and amendments of the said Articles of Confederation as the representatives met in such convention shall judge proper and necessary to render them adequate to the preservation and support of the Union.”

On the question to postpone, for the purpose above mentioned, the yeas and nays being required by the delegates for New York:

Massachusetts, Mr. King, Ay. }Ay.
Mr. Dane, Ay. }
Connecticut, Mr. Johnson, Ay. }Divided.
Mr. S. Mitchell, No. }
New York, Mr. Smith, Ay. }Ay.
Mr. Benson, Ay. }
New Jersey, Mr. Cadwallader, Ay. }No.
Mr. Clark, No. }
Mr. Schureman, No. }
Pennsylvania, Mr. Irvine, No. } No. }
Mr. Meredith, Ay. }
Mr. Bingham, No. }
Delaware, Mr. N Mitchell, No.
Maryland, Mr. Forrest, No.
Virginia, Mr. Grayson, Ay. } Ay.
Mr. Madison, Ay. }
North Carolina, Mr. Blount, No. } No.
Mr. Hawkins, No. }
South Carolina, Mr. Bull, No. } No.
Mr. Kean, No. }
Mr. Huger, No. }
Mr. Parker No. }
Georgia, Mr. Few, Ay. } Divided.
Mr. Pierce, No. }

So the question was lost.

A motion was then made, by the delegates for Massachusetts, to postpone the further consideration of the report, in order to take into consideration a motion which they read in their place. This being agreed to, the motion of the delegates for Massachusetts was taken up, and, being amended, was agreed to, as follows: —

“Whereas there is provision, in the Articles of Confederation and Perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the legislatures of the several states; and whereas experience hath evinced that there are defects in the present Confederation; as a mean to remedy which, several of the states, and particularly the state of New York, by express instructions to their delegates in Congress, have suggested a convention for the purposes expressed in the following resolution: and such convention appearing to be the most probable mean of establishing in these states a firm national government, —

Resolved, 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.”

FEDERAL CONVENTION.

The day appointed by this resolution for the meeting of the Convention was the 2d Monday in May, [1787;] but the 25th of that month was the first day upon which a sufficient number of members appeared to constitute a representation of a majority of the states. They then elected Edition: current; Page: [121] George Washington their president, and proceeded to business, at the city of Philadelphia.

On the 29th of May, Mr. Edmund Randolph presented to the Convention fifteen resolutions, and Mr. C. Pinckney laid before them the draft of a federal government, which were referred to a committee of the whole; which debated the resolutions, from day to day, until the 13th of June, when the committee of the whole reported to the Convention a series of nineteen resolutions, founded upon those which had been proposed by Mr. Randolph.

On the 15th of June, Mr. Patterson submitted to the Convention his resolutions, which were referred to a committee of the whole, to whom were also recommitted the resolutions reported by them on the 13th.

On the 19th of June, the committee of the whole reported that they did not agree to Mr. Patterson’s propositions, but reported again the resolutions which had been reported before.

The Convention never afterwards went into committee of the whole; but, from the 19th of June till the 23d of July, were employed in debating the nineteen resolutions reported by the committee of the whole on the 13th of June, some of which were occasionally referred to grand committees of one member from each state, or to select committees of five members.

After passing upon the nineteen resolutions, it was, on the 23d of July, resolved, “That the proceedings of the Convention for the establishment of a national government, except what respects the supreme executive, be referred to a committee for the purpose of reporting a constitution conformably to the proceedings aforesaid.”

This committee, consisting of five members, and called in the journal “the committee of detail,” was appointed on the 24th of July; and, with the proceedings of the Convention, the propositions submitted to the Convention, by Mr. Charles Pinckney, on the 29th of May, and by Mr. Patterson, on the 15th of June, were referred to them.

On the 26th of July, a resolution respecting the executive, and two others, offered for the consideration of the Convention, were referred to the committee of detail; and the Convention adjourned till Monday, the 6th of August, when the committee reported a Constitution for the establishment Edition: current; Page: [122] of a national government. This draft formed the general text of debate from that time till the 8th of September; many additional resolutions being, in the course of the deliberations, proposed, and referred to and reported upon by the same committee of detail, or other committees of eleven, (a member from each state,) or of five.

On the 8th of September, a committee of five was appointed “to revise the style of and arrange the articles agreed to by the house.”

On the 12th of September, this committee reported the Constitution, as revised and arranged, and the draft of a letter to Congress. It was ordered that printed copies of the reported Constitution should be furnished to the members, and they were brought in the next day.

On the 17th day of September, 1787, the Convention dissolved itself, by an adjournment without day, after transmitting the plan of the Constitution, which they had prepared, to Congress, to be laid before conventions, delegated by the people of the several states, for their assent and ratification.

The last act of the Convention was a resolution that their journal and other papers should be deposited with their president, to be retained by him, subject to the order of the Congress, if ever formed under the Constitution.

On the 19th of March, 1796, President Washington deposited in the department of state three manuscript volumes; one containing, in 153 pages, the Journal of the Federal Convention of 1787; one the Journal of the Proceedings of the same Convention, while in committee of the whole, in 28 pages; and one, three pages of lists of yeas and nays, on various questions debated in the Convention; and after an interval of eight blank pages, five other pages of like yeas and nays. There were also two loose sheets, and one half sheet of similar yeas and nays; a printed draft of the Constitution, as reported on the 6th of August, 1787, with erasures and written interlineations of amendments afterwards adopted; two sheets containing copies of the series of resolutions offered to the Convention by Mr. Edmund Randolph, in different stages of amendment, as reported by the committee of the whole; and seven other papers, of no importance, in relation to the proceedings of the Convention.

Edition: current; Page: [123]

The volume containing the Journal of the Convention was in an incomplete state. The journal of Friday, September 14, and a commencement of that of Saturday, September 15, filled three fourths of the 153d page; then terminated abruptly, and were, with the exception of five lines crossed out with a pen. President Madison, to whom application for that purpose was made, has furnished, from his own minutes, the means of completing the Journal, as now published.

The yeas and nays were not inserted in the journals, but were entered partly in a separate volume, and partly on loose sheets of paper. They were taken, not individually, but by states. Instead of publishing them as they appear in the manuscript, they are now given immediately after each question upon which they were taken.

General Joseph Bloomfield, executor of David Brearly, one of the members of the Convention, transmitted to the department of state several additional papers, which are included in this publication.

The paper purporting to be Colonel Hamilton’s Plan of a Constitution is not noticed in the journals. It was not offered by him for discussion, but was read by him, as part of a speech, observing that he did not mean it as a proposition, but only to give a more correct view of his ideas.

The return of the members in the several states appears to have been an estimate used for the purpose of apportioning the number of members to be admitted from each of the states to the House of Representatives.

In order to follow, with clear understanding, the course of proceedings of the Convention, particular attention is required to the following papers, which, except the third, successively formed the general text of their debates: —

1. May 29, 1787. The Fifteen Resolutions offered by Mr. Edmund Randolph to the Convention, and by them referred to a committee of the whole.

2. June 13. Nineteen Resolutions reported by this committee of the whole, on the 13th, and again on the 19th of June, to the Convention.

3. July 26. Twenty-three Resolutions, adopted and elaborated by the Convention, in debate upon the above nineteen, reported from the committee of the whole; and on the 23d and 26th of July, referred, together with the plan of Mr. C. Pinckney, and the propositions of Mr. Patterson to a committee of five, to report a draft of a Constitution.

4. August 6. The Draft of a Plan of a Constitution, reported by this committee to the Convention; and debated from that time till the 12th of September.

Edition: current; Page: [124]

5. September 13. Plan of a Constitution, brought in by a committee of revision, appointed on the 8th of September, consisting of five members, to revise the style and arrange the articles agreed to by the Convention.

The second and fourth of these papers are among those deposited, by President Washington, at the department of state.

The first, fourth, and fifth, are among those transmitted by General Bloomfield.

The third is collected from the proceedings of the Convention, as they are spread over the Journal from June 19th to July 26th.

This paper, together with the plan of Mr. C. Pinckney, a copy of which has been furnished by him, and the propositions of Mr. Patterson, included among the papers forwarded by General Bloomfield, comprise the materials upon which the first draft was made of the Constitution, as reported by the committee of detail, on the 6th of August.

LIST OF THE MEMBERS OF THE FEDERAL CONVENTION, WHICH FORMED THE CONSTITUTION OF THE UNITED STATES.

From Attended
NEW HAMPSHIRE. 1. John Langdon, July 23, 1787
John Pickering,
2. Nicholas Gilman. July 23.
Benjamin West.
MASSACHUSETTS. Francis Dana,
Elbridge Gerry, May 29.
3. Nathaniel Gorham, May 28.
4. Rufus King, May 25.
Caleb Strong. May 28.
RHODE ISLAND. [No appointment.]
CONNECTICUT. 5. Wm. Sam. Johnson, June 2.
6. Roger Sherman, May 30.
Oliver Ellsworth. May 29.
NEW YORK. Robert Yates, May 25
7. Alexander Hamilton, May 25.
John Lansing. June 2.
NEW JERSEY. 8. William Livingston, June 5.
9. David Brearly, May 25.
William C. Houston, May 25.
10. William Patterson, May 25.
John Nelson,
Abraham Clark,
11. Jonathan Dayton. June 21.
PENNSYLVANIA. 12. Benjamin Franklin, May 28, 1787
13. Thomas Mifflin, May 28, 1787
14. Robert Morris, May 25
15. George Clymer, May 28
16. Thomas Fitzsimons, May 25
17. Jared Ingersoll, May 28
18. James Wilson, May 25.
19. Gouverneur Morris. May 25.
DELAWARE. 20. George Read, May 25.
21. Gunning Bedford, Jun. May 28.
22. John Dickinson, May 28.
23. Richard Basset, May 25.
24. Jacob Broom. May 25.
MARYLAND. 25. James M’Henry, May 29.
26. Daniel of St. Thomas Jenifer, June 2.
27. Daniel Carroll, July 9.
John Francis Mercer, August 6.
Luther Martin. June 9.
VIRGINIA. 28. George Washington, May 25.
Patrick Henry, (declined.)
Edmund Randolph, May 25
29. John Blair, May 25
30. James Madison, Jun. May 25
George Mason, May 25
George Wythe, May 25
J. M’Clurg, [room of P. Henry.] May 25
NORTH CAROLINA. Richard Caswell, (resigned)
Alexander Martin, May 25.
William R. Davie, May 25.
31. Wm. Blount, [room of R. Caswell,] June 20.
Willie Jones, (declined.)
32. Richard D. Spaight, May 25.
33. H. Williamson, [room of W. Jones.] May 25.
SOUTH CAROLINA. 34. John Rutledge, May 25.
35. Charles C. Pinckney, May 25.
36. Charles Pinckney, May 25.
37. Pierce Butler. May 25.
GEORGIA. 38. William Few, May 25.
39. Abraham Baldwin, June 11
William Pierce, May 31
George Walton,
William Houstoun, June 7
Nathaniel Pendleton.
Those with numbers before their names signed the Constitut on, 39
Those in Italics never attended, 10
Members who attended, but did not sign the Constitution, 16
65
Edition: current; Page: [126]

CREDENTIALS OF MEMBERS OF THE FEDERAL CONVENTION.

STATE OF NEW HAMPSHIRE.
In the Year of our Lord 1787.

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, ad 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; —

Edition: current; Page: [127]

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, ad 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, ad 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 Edition: current; Page: [128] 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, Edition: current; Page: [129] 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 Edition: current; Page: [130] 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,
Clerk of the General Assembly.

I, Matthew Irwine, Esq., master of the rolls for the state of Pennsylvania, do certify the preceding writing to be a true copy (or exemplification) of a certain act of Assembly lodged in my office.

In witness whereof, I have hereunto set my hand and seal of office, the 15th May, ad 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,
Clerk of the General Assembly.

I, Matthew Irwine, Esq., master of the rolls for the state of Pennsylvania, do certify the above to be a true copy (or exemplification) of a supplement to a certain act of Assembly, which supplement is lodged in my office.

In witness whereof, I have hereunto set my hand and seal of office, the 15th May, ad 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 Edition: current; Page: [131] render the same more adequate to the exigencies of the Union; And whereas the legislature of Virginia have already passed an act of that commonwealth, appointing and authorizing certain commissioners to meet, at the city of Philadelphia, in May next, a Convention of commissioners or deputies from the different states; and this state being willing and desirous of coöperating with the commonwealth of Virginia, and the other states in the Confederation, in so useful a design: —

Be it therefore enacted by the General Assembly of Delaware, that George Read, Gunning Bedford, John Dickinson, Richard Basset, and Jacob Broom, Esqrs., are hereby appointed deputies from this state to meet in the Convention of the deputies of other states, to be held at the city of Philadelphia, on the 2d day of May next; and the said George Read, Gunning Bedford, John Dickinson, Richard Basset, and Jacob Broom, Esqrs., or any three of them, are hereby constituted and appointed deputies from this state, with powers to meet such deputies as may be appointed and authorized by the other states to assemble in the said Convention at the city aforesaid, and to join with them in devising, deliberating on, and discussing, such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union; and in reporting such act or acts, for that purpose, to the United States in Congress assembled, as, when agreed to by them, and duly confirmed by the several states, may effectually provide for the same. So always and provided, that such alterations or further provisions, or any of them, do not extend to that part of the 5th article of the Confederation of the said states, finally ratified on the 1st day of March, in the year 1781, which declares that, “In determining questions in the United States in Congress assembled, each state shall have one vote.”

And be it enacted, That in case any of the said deputies hereby nominated shall happen to die, or resign his or their appointment, the president or commander-in-chief, with the advice of the privy council, in the recess of the General Assembly, is hereby authorized to supply such vacancies.

Signed by order of the House of Assembly. JOHN COOK, Speaker.
Signed by order of the Council. GEORGE CRAGHED, Speaker.
Passed at Dover, February 3, 1787.

All and singular which premises, by the tenor of these presents, I have caused to be exemplified. In testimony whereof, I have hereunto subscribed my name, and caused the great seal of the said state to be affixed to these presents, at New Castle, the 2d day of April, in the year of our Lord 1787, and in the 11th year of the independence of the United States of America.

Attest, James Booth, Secretary.
THOMAS COLLINS.

STATE OF MARYLAND.

An Act for the Appointment of, and conferring Powers on, Deputies from this State to the Federal Convention.

Be it enacted by the General Assembly of Maryland, That the Hon. James M’Henry, Daniel of St. Thomas Jenifer, Daniel Carroll, John Francis Mercer, and Luther Martin, Esqrs., be appointed and authorized, on behalf of this state, to meet such deputies as may be appointed and authorized, by any other of the United States, to assemble in Convention at Philadelphia, for the purpose of revising the federal system, and to join with them in considering such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union; and in reporting such an act for that purpose, to the United States in Congress assembled, as, when agreed to by them, and duly confirmed by the several states, will effectually provide for the same; and the said deputies, or such of them as shall attend the said Convention, shall have full power to represent this state for the purposes aforesaid; and the said deputies are hereby directed to report the proceedings of the said Convention, and any act agreed to therein, to the next session of the General Assembly of this state.

By the House of Delegates, May 26, 1787. Read and assented to.
By order, WM. HARWOOD, Clerk.
True copy from the original. WM. HARWOOD, Clerk H. D.
By the Senate, May 26, 1787. Read and assented to.
By order, J. DORSEY, Clerk.
True copy from the original. J. DORSEY, Clerk Senate.
W. SMALLWOOD.
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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.

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 Edition: current; Page: [133] 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.
Attest, John Beckley, Clerk H. D.
JOHN BECKLEY, Clerk H. Delegates

In the House of Senators.

The Senate, according to the order of the day, proceeded, by joint ballot with the House of Delegates, to the appointment of seven deputies, from this commonwealth, to a Convention proposed to be held in the city of Philadelphia, in May next, for the purpose of revising the Federal Constitution; and the members having prepared tickets, with the names of the persons to be appointed, and deposited the same in the ballot-boxes, Mr. Anderson, Mr. Nelson, and Mr. Lee, were nominated a committee to meet a committee from the House of Delegates, in the conference chamber, and jointly with them to examine the ballot-boxes, and report to the house on whom the majority of votes should fall. The committee then withdrew, and, after some time, returned into the house, and reported that the committee had, according to order, met a committee from the House of Delegates, in the conference chamber, and jointly with them examined the ballot-boxes, and found a majority of votes in favor of George Washington, Patrick Henry, Edmund Randolph, John Blair, James Madison, George Mason, and George Wythe, Esqrs.

Extract from the journal.
Attest, H. Brook, Clerk S.
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 Edition: current; Page: [134] 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, ad 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, ad 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, ad 1787.

RICH. CASWELL.

[l. s.]

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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 Edition: current; Page: [136] 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.]

Edition: current; Page: [137]

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., Greeting

By virtue of the power and authority in me vested by the legislature of this state, in their act passed the 8th day of March last, I do hereby commission you, the said Pierce Butler, as one of the deputies appointed from this state, to meet such deputies or commissioners as may be appointed or authorized by other of the United States, to assemble in Convention at the city of Philadelphia, in the month of May next, or as soon thereafter as may be, and to join with such deputies or commissioners (they being duly authorized and empowered) in devising and discussing all such alterations, clauses, articles, and provisions, as may be thought necessary to render the Federal Constitution entirely adequate to the actual situation and future good government of the confederated states; and that you, together with the said deputies and commissioners, or a majority of them who shall be present, (provided the state be not represented by less than two,) do join in reporting such an act to the United States in Congress assembled, as, when approved and agreed to by them, and duly ratified and confirmed by the several states, will effectually provide for the exigencies of the Union.

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 Edition: current; Page: [138] 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.
Georgia. Secretary’s Office.

The above is a true copy from the original ordinance deposited in my office.

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 Edition: current; Page: [139] 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 CONVENTION

On Monday, the 14th of May, ad 1787, and in the eleventh year of the independence of the United States of America, at the State-House in the city of Philadelphia, in virtue of appointments from their respective states, sundry deputies to the Federal Convention appeared; but a majority of the states not being represented, the members present adjourned, from day to day, until Friday, the 25th of the said month, when, in virtue of the said appointments, appeared, from the states of

Massachusetts, Virginia,
The Hon. Rufus King, Esq.; His Excell’cy, Geo. Washington, Esq.,
His Excellency, E. Randolph, Esq.,
New York, The Hon. John Blair
The Hon. Robert Yates, and James Madison,
Alexander Hamilton, Esqrs.; George Mason,
George Wythe, and
New Jersey, James M’Clurg, Esqrs.;
The Hon. David Brearly,
North Carolina,
William Churchill Houston, and The Hon. Alexander Martin,
William Patterson, Esqrs.; William Richardson Davie,
Richard Dobbs Spaight, and
Pennsylvania, Hugh Williamson, Esqrs.;
The Hon. Robert Morris,
Thomas Fitzsimmons, South Carolina,
James Wilson, and The Hon. John Rutledge,
Gouverneur Morris, Esqrs.; Charles Cotesworth Pinckney,
Charles Pinckney, and
Delaware, Pierce Butler, Esqrs.;
The Hon. George Read
Richard Basset, and Georgia,
Jacob Broom, Esqrs.; The Hon. William Few, Esq.
Edition: current; Page: [140]

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.

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 Edition: current; Page: [141] 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 Edition: current; Page: [142] the votes present, be the committee. When two or more members have an equal number of votes, the member standing first on the list, in the order of taking down ballots, shall be preferred.

“A member may be called to order by any other member, as well as by the president, and may be allowed to explain his conduct, or expressions, supposed to be reprehensible; and all questions of order shall be decided by the president, without appeal or debate.

“Upon a question to adjourn for the day, which may be made at any time, if it be seconded, the question shall be put without a debate.

“When the house shall adjourn, every member shall stand in his place until the president pass him.

Resolved, That the said rules be observed as standing orders of the house.”

A letter from sundry persons of the state of Rhode Island, addressed to the honorable the chairman of the General Convention, was presented to the chair by Mr. G. Morris; and, being read, —

Ordered, That the said letter do lie upon the table for further consideration.”

A motion was made by Mr. Butler, one of the deputies of South Carolina, that the house provide against interruption of business by absence of members, and against licentious publication of their proceedings.

Also, a motion was made by Mr. Spaight, one of the deputies of North Carolina, to provide that, on the one hand, the house may not be precluded, by a vote upon any question, from revising the subject matter of it, when they see cause; nor, on the other hand, be led too hastily to rescind a decision, which was the result of mature discussion.

Ordered, That the said motions be referred to the consideration of the committee appointed, on Friday last, to draw up rules to be observed as the standing orders of the Convention; and that they do examine the matters thereof, and report thereupon to the house.”

Adjourned till to-morrow at 10 o’clock, A. M.

Mr. Wythe reported, from the committee to whom the motions made by Mr. Butler and Mr. Spaight were referred, that the committee had examined matters of the said motions, and had come to the following resolutions thereupon: —

Resolved, That it is the opinion of this committee that provision be made for the purposes mentioned in the said motions; and to that end, the committee beg leave to propose, that the rules written under their resolution be added to the standing orders of the house.”

And the said rules were once read throughout, and then, a second time, one by one; and on the question, severally Edition: current; Page: [143] 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 Edition: current; Page: [144] 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 Edition: current; Page: [145] 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 Edition: current; Page: [146] 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 Edition: current; Page: [147] 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 Edition: current; Page: [148] 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.

Edition: current; Page: [149]

“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.

Edition: current; Page: [150]

Ordered, That the said draft be referred to the committee of the whole house appointed to consider of the state of the American Union.”

And then the house adjourned till to-morrow morning at 10 o’clock.

The Hon. Roger Sherman, Esq., a deputy of the state of Connecticut, attended and took his seat. The order of the day being read, the house resolved itself into a committee of the whole house to consider of the state of the American Union. The president left the chair.

In Committee of the whole House.

Mr. Gorham, chosen by ballot, took the chair of the committee.

The propositions offered yesterday to the consideration of the house, by Mr. Randolph, were read; and, on motion of Mr. Randolph, seconded by Mr. G. Morris, “That the consideration of the 1st resolution contained in the said propositions be postponed,” it was passed in the affirmative.

It was then moved by Mr. Randolph, and seconded by Mr. G. Morris, to substitute the following resolution in the place of the 1st resolution: —

Resolved, That a union of the states, merely federal, will not accomplish the objects proposed by the Articles of Confederation, namely, ‘common defence, security of liberty, and general welfare.’ ”

It was now moved by Mr. Butler, seconded by Mr. Randolph, to postpone the consideration of the said resolution, in order to take up the following resolution, submitted by Mr. Randolph, viz.: —

Resolved, That a national government ought to be established, consisting of a supreme legislative, judiciary, and executive.”

It was moved by Mr. Read, seconded by Mr. C. C. Pinckney, to postpone the consideration of the last resolution, in order to take up the following: —

Resolved, That, in order to carry into execution the design of the states, in forming this Convention, and to accomplish the objects proposed by the Confederation, ‘a more effective government, consisting of a legislative, judiciary, and executive, ought to be established.’ ”

On the question to postpone, in order to take up the last resolution, the question was lost.

Yeas: Massachusetts, Connecticut, Delaware, South Carolina, 4. Nays: New York, Pennsylvania, Virginia, North Carolina, 4.

On motion to agree to the said resolution, moved by Mr. Edition: current; Page: [151] 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.

Edition: current; Page: [152]

It was moved and seconded that the committee do now rise.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union.”

And then the house adjourned till to-morrow, at 10 o’clock, A. M.

The Hon. William Pierce, Esq., a deputy of the state of Georgia, attended and took his seat.

The following credentials were produced and read. [See Georgia Credentials.]

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President in the chair.

In the Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded that the committee proceed to the consideration of the following resolution, submitted by Mr. Randolph: —

Resolved, That the national legislature ought to consist of two branches.”

And on the question to agree to the said resolution, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, Delaware, Virginia, North Carolina, South Carolina, 7. Nay: Pennsylvania, 1.

It was then moved and seconded to proceed to the consideration of the following clause of the 4th resolution, submitted by Mr. Randolph: —

Resolved. That the members of the first branch of the national 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 Edition: current; Page: [153] 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 Edition: current; Page: [154] referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 10 o’clock, A. M.

The Hon. William Houstoun, Esq., a deputy of the state of Georgia, attended and took his seat.

The following credential was produced and read. [See Georgia Credentials.]

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President in the chair.

In the Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded to proceed to the consideration of the 7th resolution submitted by Mr. Randolph, namely, —

Resolved, That a national executive be instituted; to be chosen by the national legislature, for the term of years; to receive punctually, at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made, so as to affect the magistracy existing at the time of such increase or diminution; and to be ineligible a second time; and that, besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation.”

On motion of Mr. Wilson, seconded by Mr. C. Pinckney, to amend the 1st clause of the resolution, by adding, after the word “instituted,” the words “to consist of a single person,” so as to read, —

Resolved, That a national executive, to consist of a single person, be instituted,” —

it was moved and seconded to postpone the consideration of the amendment.

And on the question to postpone, it passed in the affirmative.

It was then moved and seconded to agree to the 1st clause of the resolution, namely, —

Resolved, That a national executive be instituted.”

And on the question to agree to the said clause, it passed in the affirmative.

Edition: current; Page: [155]

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.

Edition: current; Page: [156]

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 10 o’clock, A. M.

The Hon. William Samuel Johnson, Esq., a deputy of the state of Connecticut, and the Hon. Daniel of St. Thomas Jenifer, a deputy of the state of Maryland, and the Hon. John Lansing, Jun., a deputy from the state of New York, attended and took their seats.

The following credentials were produced and read. [See Credentials.]

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded to postpone the further consideration of the resolution submitted by Mr. Randolph, which respects the executive, in order to take up the consideration of the resolution respecting the second branch of the legislature.

And on the question to postpone, it passed in the negative.

Yeas: New York, Pennsylvania, Maryland, 3. Nays: Massachusetts, Connecticut, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7.

It was then moved and seconded to postpone the consideration of these words, namely, “to be chosen by the national legislature,” in order to take up the following resolution submitted by Mr. Wilson, namely, —

Resolved, That the executive magistracy shall be elected in manner following: —

“That the states be divided into districts, and that the persons qualified to vote in each district elect members for their respective districts to be electors of the executive magistracy.

“That the electors of the executive magistracy meet, and they or any of them shall elect by ballot, but not out of their own body, person in whom the executive authority of the national government shall be vested.”

And on the question to postpone, it passed in the negative.

Yeas: Pennsylvania, Maryland, 2. Nays: Massachusetts, Connecticut, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7. Divided: New York, 1.

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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.

Edition: current; Page: [158]

Yeas: Massachusetts, New York, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nay: Connecticut, 1. Divided: Pennsylvania, 1.

It was then moved by Mr. Williamson, seconded by Mr. Davie, to add the following words to the last clause of the resolution respecting the executive, namely: “and to be removable on impeachment and conviction of malpractice or neglect of duty.”

On the motion to add the words, it passed in the affirmative.

It was then moved by Mr. Rutledge, seconded by Mr. C. Pinckney, to fill up the blank after the words “executive to consist of” with the words “one person.”

It was then moved and seconded to postpone the consideration of the last motion.

And on the question to postpone, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, North Carolina, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, Maryland, Virginia, 4.

It was then moved and seconded, that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will, on Monday, again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till Monday next, at 11 o’clock.

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded to proceed to the further consideration Edition: current; Page: [159] 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.

Edition: current; Page: [160]

Yeas: Massachusetts, New York, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, Maryland, 2.

It was then moved by Mr. Wilson, and seconded by Mr. Madison, that the following amendment be made to the last resolution — after the words “national executive,” to add the words “a convenient number of the national judiciary.”

An objection of order being taken, by Mr. Hamilton, to the introduction of the last amendment at this time, — notice was given by Mr. Wilson, seconded by Mr. Madison, that the same would be moved to-morrow. Wednesday assigned to reconsider.

It was then moved and seconded to proceed to the consideration of the 9th resolution submitted by Mr. Randolph, — when, on motion to agree to the first clause, namely, —

Resolved, That a national judiciary be established,” —

it passed in the affirmative.

It was then moved and seconded to add these words to the 1st clause of the 9th resolution, namely, —

“To consist of one supreme tribunal, and one or more inferior tribunals.”

And on the question to agree to the same, it passed in the affirmative.

It was then moved and seconded that the committee do now rise, and report a further progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

His excellency, William Livingston, Esq., a deputy of the state of New Jersey, attended and took his seat.

The following credentials were then produced and read. [See Credentials, p. 163.]

Edition: current; Page: [161]

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.

Edition: current; Page: [162]

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.

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It was moved by Mr. Rutledge, seconded by Mr. Sherman, to strike out the following words in the 9th resolution submitted by Mr. Randolph, namely: “and of inferior tribunals.”

And on the question to strike out, it passed in the affirmative.

Yeas: Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 5. Nays: Pennsylvania, Delaware, Maryland, Virginia, 4. Divided: Massachusetts, New York, 2.

It was then moved and seconded that the following clause be added to the 9th resolution, namely: “that the national legislature be empowered to appoint inferior tribunals.”

And on the question to agree to the same, it passed in the affirmative.

Yeas: Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 7. Nays: Connecticut, New Jersey, South Carolina, 3. Divided: New York, 1.

It was then moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

The order of the day being read, the house resolved 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 Edition: current; Page: [164] 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 Edition: current; Page: [165] had made a further progress, in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

The following resolution was submitted by Mr. Dickinson, seconded by Mr. Sherman, namely: —

Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures.”

It was moved and seconded to postpone the last resolution, in order to introduce the following, submitted by Mr. Wilson, seconded by Mr. Morris, namely: —

Resolved, That the second branch of the national legislature be elected by the people in districts, to be formed for that purpose.”

And on the question to postpone, it passed in the negative.

Yea: Pennsylvania, 1. Nays: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.

A question was then taken on the resolution submitted by Mr. Dickinson, namely: —

Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures.”

And on the question to agree to the same, it passed unanimously in the affirmative.

Mr. Gerry gave notice that he would to-morrow move for the reconsideration of the resolution, which respects the appointment of the national executive, — when he should offer to substitute the following mode of appointing the national executive, namely: “by the executives of the several states.”

The committee then rose.

Edition: current; Page: [166]

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 10 o’clock, A. M.

The 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 Edition: current; Page: [167] class to have three members, the second two, and the third one member each; that an estimate be taken of the comparative importance of each state, at fixed periods, so as to ascertain the number of members they may from time to time be entitled to.”

Before any debate was had, or determination taken on Mr. Pinckney’s proposition, it was moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

The Hon. Luther Martin, Esq., one of the deputies of the state of Maryland, attended and took his seat.

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

A question being taken on Mr. Gerry’s motion to strike out the following words, in that clause of the 7th resolution, adopted by the committee, which respects the appointment of the national executive, namely, “to be chosen by the national legislature,” and to insert “to be chosen by the executives of the individual states,” it passed in the negative.

Yeas: None. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Divided: Delaware, 1.

It was moved by Mr. Patterson, seconded by Mr. 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 Edition: current; Page: [168] progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will, on Monday next, resolve itself into a committee of the whole house on the state of the American Union.”

And then the house adjourned till Monday next, at 11 o’clock, A. M.

The Hon. Abraham Baldwin, Esq., one of the deputies of the state of Georgia, attended and took his seat.

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved by Mr. King, seconded by Mr. Rutledge, to agree to the following resolution, namely: —

Resolved, That the right of suffrage in the first branch of the national legislature ought not to be according to the rule established in the Articles of Confederation, but according to some equitable ratio of representation.”

And on the question to agree to the same, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.

It was then moved by Mr. Rutledge, seconded by Mr. Butler, to add the following words to the last resolution, namely, “according to the quotas of contribution.”

It was moved by Mr. Wilson, seconded by Mr. C. Pinckney, to postpone the consideration of the last motion, in order to introduce the following words after the words “equitable ratio of representation,” namely,—

“In proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each state.”

Edition: current; Page: [169]

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.

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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 Edition: current; Page: [171] referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union.”

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

The order of the day being read, the house resolved itself into a committee of the whole house, to consider the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded to fill up the blank, in the 4th resolution, respecting the term for which the members of the first branch of the national legislature should be chosen, with the words “three years.”

On the motion to fill up with “three years,” it passed in the affirmative.

Yeas: New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 7. Nays: Massachusetts, Connecticut, North Carolina South Carolina, 4.

It was moved and seconded to strike out the following words in the 4th resolution, namely, “to be of years at least.”

And on the question to strike out, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Maryland, 1.

It was moved and seconded to add the words “and fixed,” after the word “liberal,” in that clause of the 4th resolution which respects the stipend of the first branch. Passed in the affirmative.

Yeas: New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Massachusetts, Connecticut, South Carolina, 3.

It was then moved and seconded to add the words “to be paid out of the public treasury.” Agreed to.

Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Connecticut, New York, South Carolina, 3.

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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.

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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.

Edition: current; Page: [174]

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union.”

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

The order of the day being read, the house resolved itself into a committee of the whole house, to consider the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved by Mr. Randolph, seconded by Mr. Madison, to adopt the following resolution respecting the national judiciary, namely: —

“That the jurisdiction of the national judiciary shall extend to cases which respect the collection of the national revenue, impeachments of any national officers, and questions which involve the national peace and harmony.”

Passed in the affirmative.

It was moved by Mr. Pinckney, seconded by Mr. Sherman, to insert, after the words “one supreme tribunal,” “the judges of which to be appointed by the second branch of the national legislature.” Passed in the affirmative.

It was moved by Mr. Gerry, seconded by Mr. Pinckney, to add the following words to the 5th resolution adopted by the committee, namely: “excepting money bills, which shall originate in the first branch of the national legislature.” Passed in the negative.

Yeas: New York, Delaware, Virginia, 3. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, North Carolina, South Carolina, Georgia, 8.

It was then moved and seconded that the committee do rise and report the proceedings to the house. The committee then rose.

In the House.

Mr. President resumed the chair

Mr. Gorham reported, from the committee, That the committee, Edition: current; Page: [175] having considered and gone through the propositions offered to the house by the Hon. Mr. Randolph, and to them referred, were prepared to report thereon, and had directed him to submit the report to the consideration of the house.

The report was then delivered in at the secretary’s table, and having been once read, it was moved by Mr. Randolph, seconded by Mr. Martin, to postpone the further consideration of the report till to-morrow.

And on the question to postpone, it passed in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved by Mr. Patterson, seconded by Mr. Randolph, that the further consideration of the report from the committee of the whole house be postponed till to-morrow; and before the question for postponement was taken, it was moved by Mr. Randolph, seconded by Mr. Patterson, that the house adjourn.

And then the house adjourned till to-morrow, at 11 o’clock.

Mr. Patterson submitted several resolutions to the consideration of the house, which he read in his place, and afterwards delivered in at the secretary’s table. They were then read.

PROPOSITIONS OFFERED TO THE CONVENTION BY THE HON. MR. PATTERSON, JUNE 15, 1787.

[Paper furnished by General Bloomfield.]

“1. Resolved, That the Articles of Confederation ought to be revised, corrected, and enlarged, so as to render the Federal Constitution adequate to the exigencies of government, and the preservation of the Union.

“2. Resolved, That, in addition to the powers vested in the United States in Congress, by the present existing Articles of Confederation, they be authorized to pass acts for raising a revenue, by levying a duty or duties on all goods and merchandise of foreign growth or manufacture, imported into any part of the United States; by stamps on paper, vellum, or parchment; and by a postage on all letters and packages passing through the general post-office — to be applied to such federal purposes as they shall deem proper and expedient; to make rules and regulations for the collection thereof; and the same from time to time to alter and amend, in such manner as they shall think proper. To pass acts for the regulation of trade and commerce, as well with foreign nations as with each other; provided, that all punishments, fines, forfeitures, and penalties, to be incurred Edition: current; Page: [176] 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.

Edition: current; Page: [177]

“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.

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, —

Edition: current; Page: [178]

It was moved and seconded that the committee do now rise, report further progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will, on Monday next, again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till Monday next, at 11 o’clock.

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved by Mr. Dickinson, seconded by , to postpone the consideration of the 1st resolution submitted by Mr. Patterson, in order to introduce the following, namely: —

Resolved, That the Articles of Confederation ought to be revised and amended, so as to render the government of the United States adequate to the exigencies, the preservation, and the prosperity of the Union.”

And on the question to agree to the same, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Divided: Pennsylvania, 1.

[See Colonel Hamilton’s Plan, on next page.]

It was then moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them Edition: current; Page: [179] referred, and had directed him to move that they may have leave to sit again.

Resolved, That the house will to-morrow again resolve itself into a committee of the whole house, to consider the state of the American Union.”

COLONEL HAMILTON’S PLAN OF GOVERNMENT.
The following paper was read by Colonel Hamilton, as containing his ideas of a suitable Plan of Government for the United States, in a speech upon the foregoing motion of Mr. Dickinson.

[Paper furnished by General Bloomfield.]

“1. The supreme legislative power of the United States of America to be vested in two distinct bodies of men, the one to be called the Assembly, the other the Senate, who, together, shall form the legislature of the United States, with power to pass all laws whatsoever, subject to the negative hereafter mentioned.

“2. The Assembly to consist of persons elected by the people, to serve for three years.

“3. The Senate to consist of persons elected to serve during good behavior; their election to be made by electors chosen for that purpose by the people. In order to this, the states to be divided into election districts. On the death, removal, or resignation of any senator, his place to be filled out of the district from which he came.

“4. The supreme executive authority of the United States to be vested in a governor, to be elected to serve during good behavior. His election to be made by electors, chosen by electors, chosen by the people in the election districts aforesaid. His authorities and functions to be as follows: —

“To have a negative upon all laws about to be passed, and the execution of all laws passed; to have the entire direction of war, when authorized or begun; to have, with the advice and approbation of the Senate, the power of making all treaties; to have the sole appointment of the heads or chief officers of the departments of finance, war, and foreign affairs; to have the nomination of all other officers, (ambassadors of foreign nations included,) subject to the approbation or rejection of the Senate; to have the power of pardoning all offences except treason, which he shall not pardon without the approbation of the Senate.

“5. On the death, resignation, or removal of the governor, his authorities to be exercised by the president of the Senate, until a successor be appointed.

“6. The Senate to have the sole power of declaring war; the power of advising and approving all treaties; the power of approving or rejecting all appointments of officers, except the heads or chiefs of the departments of finance, war, and foreign affairs.

“7. The supreme judicial 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 Edition: current; Page: [180] courts in each state, for the determination of all matters of general concern.

“9. The governors, senators, and all officers of the United States to be liable to impeachment for mal and corrupt conduct; and, upon conviction, to be removed from office, and disqualified for holding any place of trust or profit. All impeachments to be tried by a court, to consist of the chief or senior judge of the superior court of law, in each state; provided, that such judge hold his place during good behavior, and have a permanent salary.

“10. All laws of the particular states, contrary to the Constitution or laws of the United States, to be utterly void. And the better to prevent such laws being passed, the governor or president of each state shall be appointed by the general government, and shall have a negative upon the laws about to be passed in the state of which he is governor or president.

“11. No state to have any forces, land or naval; and the militia of all the states to be under the sole and exclusive direction of the United States; the officers of which to be appointed and commissioned by them.”

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House

Mr. Gorham in the chair.

On the question to adopt Mr. Dickinson’s motion, moved yesterday, it passed in the negative.

Yeas: Connecticut, New York, New Jersey, Delaware, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Divided: Maryland, 1.

It was then moved and seconded to postpone the consideration of the 1st proposition offered by Mr. Patterson. It passed in the affirmative.

Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New York, New Jersey, 2.

It was then moved and seconded that the committee do now rise, and report to the house that they do not agree to the propositions offered by the Hon. Mr. Patterson; and that they report the resolutions offered by the Hon. Mr. Randolph, heretofore reported from a committee of the whole house. Passed in the affirmative.

Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.

The committee then rose.

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In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee, having spent some time in the consideration of the propositions submitted to the house by the Hon. Mr. Patterson, and of the resolutions heretofore reported from a committee of the whole house, both of which had been to them referred, were prepared to report thereon; and had directed him to report to the house, That the committee do not agree to the propositions offered by the Hon. Mr. Patterson; and that they again submit the resolutions, formerly reported, to the consideration of the house.

STATE OF THE RESOLUTIONS, SUBMITTED TO THE CONSIDERATION OF THE HOUSE BY THE HON. MR. RANDOLPH,
AS ALTERED, AMENDED, AND AGREED TO, IN COMMITTEE OF THE WHOLE HOUSE.

[Paper deposited by President Washington, in the Department of State.]

“1. Resolved, That it is the opinion of this committee that a national government ought to be established, consisting of a supreme legislative, judiciary, and executive.

“2. Resolved, That the national legislature ought to consist of two branches.

“3. Resolved, That the members of the first branch of the national legislature ought to be elected by the people of the several states, for the term of three years; to receive fixed stipends, by which they may be compensated for the devotion of their time to public service, to be paid out of the national treasury; to be ineligible to any office established by a particular state, or under the authority of the United States, (except those peculiarly belonging to the functions of the first branch,) during the term of service, and under the national government, for the space of one year after its expiration.

“4. Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures; to be of the age of thirty years, at least; to hold their offices for a term sufficient to insure their independency — namely, seven years; to receive fixed stipends, by which they may be compensated for the devotion of their time to public service, to be paid out of the national treasury; to be ineligible to any office established by a particular state, or under the authority of the United States, (except those peculiarly belonging to the functions of the second branch,) during the term of service, and under the national government, for the space of one year after its expiration.

“5. Resolved, That each branch ought to possess the right of originating acts.

“6. Resolved, That the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation; and, moreover, to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by Edition: current; Page: [182] 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.

Edition: current; Page: [183]

“19. Resolved, That the amendments which shall be offered to the Confederation by the Convention, ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly, or assemblies of representatives, recommended by the several legislatures to be expressly chosen by the people to consider and decide thereon.”

It was then moved and seconded to postpone the consideration of the 1st resolution reported from the committee till to-morrow.

And on the question to postpone, it passed in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

The Hon. Wm. Blount, Esq., a deputy from the state of North Carolina, attended and took his seat.

The following credentials were then produced and read. [See p. 171.]

It was moved by Mr. Ellsworth, seconded by Mr. Gorham, to amend the 1st resolution reported from the committee of the whole house, so as to read as follows, namely: —

Resolved, That the government of the United States ought to consist of a supreme legislative, judiciary, and executive.”

On the question to agree to the amendment, it passed unanimously in the affirmative.

It was moved by Mr. Lansing, seconded by Mr. Sherman, to postpone the consideration of the 2d resolution, reported from the committee, in order to take up the following, namely: —

Resolved, That the powers of legislation be vested in the United States in Congress.”

And on the question to postpone, it passed in the negative.

Yeas: Connecticut, New York, New Jersey, Delaware, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Divided: Maryland, 1.

It was moved and seconded to adjourn; which passed in the negative.

Yeas: New York, New Jersey, Delaware, Maryland, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7.

On motion of the deputies of the state of Delaware, the determination of the house on the 2d resolution reported from the committee was postponed until to-morrow.

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And then the house adjourned till to-morrow, at 11 o’clock, A. M.

The Hon. Jonathan Dayton, Esq., a deputy of the state of New Jersey, attended and took his seat.

The following credentials were produced and read. [See Credentials.]

It was moved and seconded to agree to the 2d resolution reported from the committee, namely: —

Resolved, That the legislature consist of two branches;”

which passed in the affirmative.

Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.

It was moved by Gen. C. C. Pinckney, and seconded, to amend the 1st clause of the 3d resolution, reported from the committee, so as to read, —

Resolved, That the members of the first branch of the legislature ought to be appointed in such manner as the legislature of each state shall direct.”

On the question to agree to the amendment, it passed in the negative.

Yeas: Connecticut, New Jersey, Delaware, South Carolina, 4. Nays: Massachusetts, New York, Pennsylvania, Virginia, North Carolina, Georgia, 6. Divided: Maryland, 1.

It was then moved and seconded to agree to the 1st clause of the 3d resolution, as reported from the committee, namely: —

Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several states:”

which passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: New Jersey, 1. Divided: Maryland, 1.

It was moved and seconded to erase the word “three” from the 2d clause of the 3d resolution reported from the committee; which passed in the affirmative.

Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, Delaware, Maryland 3. Divided: New Jersey, 1.

It was moved and seconded to insert the word “two” in the 2d clause of the 3d resolution, reported from the committee; which passed unanimously in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

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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.

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Yeas: Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: Massachusetts, Pennsylvania, Georgia, 3. Divided: New York, 1.

It was moved and seconded to strike out the following words in the last clause of the 3d resolution, —

“and under the national government for the space of one year after its, expiration.”

On the question to strike out the words, it passed in the negative.

Yeas: Massachusetts, New Jersey, North Carolina, Georgia, 4. Nays: Connecticut, Maryland, Virginia, South Carolina, 4. Divided: New York, Pennsylvania, Delaware, 3.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to agree to the proposition, which was postponed yesterday, on motion of the deputies of the state of South Carolina, namely, —

“to receive an adequate compensation for their services, to be paid out of the public treasury.”

On the question to agree to the proposition, it passed in the negative.

Yeas: Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: Connecticut, New York, Delaware, North Carolina, South Carolina, 5. Divided: Georgia, 1.

It was moved and seconded to strike out the following words in the 3d resolution reported from the committee, namely, “by a particular state.”

On the question to strike out the words, it passed in the affirmative.

Yeas: Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, Pennsylvania, Delaware, 3.

It was moved by Mr. Madison, and seconded, to amend the 3d resolution by striking out the following words, namely, —

“or under the authority of the United States, during the term of service, and under the national government for the space of one year after its expiration,” —

and inserting the following clause, after the word “established,” namely, —

“or the emoluments whereof shall have been augmented by the legislature of the United States during the time of their being members thereof, and until they shall have ceased to be members for the space of one year.”

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On the question to agree to the amendment, it passed in the negative.

Yeas: Connecticut, New Jersey, 2. Nays: New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Massachusetts, 1.

It was moved and seconded to add, after the words “ineligible to,” the words “and incapable of holding;” which passed in the affirmative.

It was moved and seconded to strike the words “national government” out of the 3d resolution; which passed in the affirmative.

Yeas: Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, 8. Nays: Pennsylvania, Georgia, 2. Divided: Massachusetts, 1.

It was moved and seconded to strike the word “established” out of the 3d part of the resolution; which passed in the affirmative.

It was moved and seconded to add, after the word “service,” in the 3d resolution, the words “of the first branch;” which passed in the affirmative.

It was then moved and seconded to agree to the words “and for the space of one year after its expiration.”

On the question to agree to these words, it passed in the negative.

Yeas: New York, Delaware, Maryland, South Carolina, 4. Nays: Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, Georgia, 6. Divided: Pennsylvania, 1.

And then the house adjourned till Monday next, at 11 o’clock.

It was moved and seconded to erase the word “national,” and to substitute the words “United States,” in the 4th resolution; which passed in the affirmative.

It was moved and seconded to postpone the consideration of the 1st clause of the 4th resolution, in order to take up the 8th resolution, reported from the committee.

On the question to postpone, it passed in the negative.

Yeas: New York, Virginia, South Carolina, Georgia, 4. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, 7.

It was moved and seconded to postpone the consideration of the 4th, in order to take up the 7th resolution.

On the question to postpone, it passed in the negative.

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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.

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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.

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.

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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.

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It was moved and seconded to agree to the 5th resolution reported from the committee, namely: —

Resolved, That each branch ought to possess the right of originating acts;”

which passed unanimously in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to postpone the consideration of the 6th resolution reported from the committee, in order to take up the 7th and 8th resolutions.

On the question to postpone, it passed in the affirmative.

It was moved and seconded to agree to the 1st clause of the 7th resolution, namely: —

Resolved, That the right of suffrage in the first branch of the national legislature ought not to be according to the rule established in the Articles of Confederation.”

Before a determination was taken on the clause, the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to amend the 7th resolution reported from the committee, so as to read as follows, namely: —

Resolved, That the right of suffrage in the first branch of the legislature of the United States ought to be in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each state.”

It was moved and seconded to erase the word “not” from the 1st clause of the 7th resolution, so as to read, —

Resolved, That the right of suffrage in the second branch of the legislature of the United States ought to be according to the rule established in the Articles of Confederation.”

The determination of the house on the motion for erasing the word “not” from the 1st clause of the 7th resolution was postponed, at the request of the deputies of the state of New York, till to-morrow.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to strike the word “not” out of the 1st clause of the 7th resolution reported from the committee.

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On the question to strike out, it passed in the negative.

Yeas: Connecticut, New York, New Jersey, Delaware, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, Georgia, 6. Divided: Maryland, 1.

It was then moved and seconded to agree to the 1st clause of the 7th resolution, as reported from the committee, namely: —

Resolved, That the right of suffrage in the first branch of the legislature of the United States ought not to be according to the rule established in the Articles of Confederation, but according to some equitable ratio of representation.”

On the question to agree, it passed in the affirmative.

Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New York, New Jersey, Delaware, 4. Divided: Maryland, 1.

It was moved and seconded to postpone the further consideration of the 7th, in order to take up the 8th resolution; which passed in the affirmative.

Yeas: Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Delaware, 2.

It was moved and seconded to amend the 8th resolution, reported from the committee, so as to read as follows, namely: —

Resolved, That in the second branch of the legislature of the United States, each state shall have an equal vote.”

Before the determination of the house was taken on the last motion, the house adjourned till to-morrow, at 11 o’clock, A. M.

The following resolution was moved and seconded, namely: —

Resolved, That the president be requested to write to the supreme executive of the state of New Hampshire, and inform him that the business before the Convention is of such a nature as to require the immediate attendance of the gentlemen appointed by that state to this Convention.”

On the question to agree to this resolution, it passed in the negative.

Yeas: New York, New Jersey, 2. Nays: Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, 5. Divided: Maryland, 1.

It was then moved and seconded to take up the resolution submitted to the consideration of the house yesterday, namely: —

Resolved, That in the second branch of the legislature of the United States, each state will have an equal vote.”

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After some time passed in debate, the house voted unanimously to adjourn till Monday next, at 11 o’clock, A. M.

It was moved and seconded to agree to the following resolution, namely: —

Resolved, That in the second branch of the legislature of the United States, each state shall have an equal vote;”

which passed in the negative.

Yeas: Connecticut New York, New Jersey, Delaware, Maryland, 5. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, 5. Divided: Georgia, 1.

It was moved and seconded to appoint a committee, to whom the 8th resolution, and so much of the 7th resolution, reported from the committee of the whole house, as has not been decided upon, should be referred.

On the question to agree to this motion, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Jersey, Delaware, 2.

It was moved and seconded that the committee consist of a member from each state. It passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Pennsylvania, 1.

And a committee, by ballot, was appointed, of Mr. Gerry, Mr. Ellsworth, Mr. Yates, Mr. Patterson, Mr. Franklin, Mr. Bedford, Mr. L. Martin, Mr. Mason, Mr. Davie, Mr. Rutledge, and Mr. Baldwin.

And then the house adjourned till Thursday next, at 11 o’clock.

The Hon. Mr. Gerry reported, from the committee to whom were referred the eighth resolution, and such part of the seventh resolution as had not already been decided on by the house, that the committee had directed him to submit the following report to the consideration of the house; and the same, being delivered in at the secretary’s table, was read once throughout, and then by paragraphs, and is as follows, namely: —

The committee to whom were referred the 8th resolution reported from the committee of the whole house, and so Edition: current; Page: [194] 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.

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Yea: South Carolina, 1. Nays: Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 8.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to refer the 1st clause of the 1st proposition reported from the grand committee to a special committee; which passed in the affirmative.

Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New York, New Jersey, Delaware, 3. Divided: Maryland, 1.

It was moved and seconded that the committee consist of five members; which was unanimously agreed to.

And a committee was appointed, by ballot, of Mr. G. Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King.

It was moved and seconded to postpone the remainder of the 1st proposition, in order to take up the 2d; which passed in the affirmative.

Yeas: New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 8. Nays: Massachusetts, Connecticut, North Carolina, 3.

It was moved and seconded to postpone the consideration of the 2d proposition; which passed in the affirmative.

Yeas: Connecticut, New Jersey, Delaware, Maryland, Virginia, Georgia, 6. Nays: Pennsylvania, North Carolina, South Carolina, 3. Divided: Massachusetts, New York, 2.

It was moved and seconded to resume the consideration of the 2d clause of the 1st proposition, which had been postponed in order to take up the 2d proposition; which passed in the affirmative.

On the question, Shall the following clause stand as a part of the report? namely, —

“3. That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature, and shall not be altered or amended by the second branch; and that no money shall be drawn Edition: current; Page: [196] from the public treasury but in pursuance of appropriations to be originated by the first branch,” —

it passed in the affirmative. The votes stood thus: —

Yeas: Connecticut, New Jersey, Delaware, Maryland, North Carolina, 5. Nays: Pennsylvania, Virginia, South Carolina, 3. Divided: Massachusetts, New York, Georgia, 3.

And on a question, moved and seconded, whether the vote so standing was determined in the affirmative, it was decided as follows, that it was: —

Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9. Nays: New York, Virginia, 2.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

A letter from W. Rawle, secretary to the Library Company of Philadelphia, addressed to his excellency, the president of the Convention, enclosing a resolve of that company, granting the use of their books to the members of the Convention, being read, — on motion. —

Resolved, That the secretary, by letter, present the thanks of the Convention to the directors of the Library Company, for their polite attention.”

It was moved and seconded that the second proposition reported from the grand committee stand part of the report, namely, “that in the second branch of the legislature each state shall have an equal vote;” which passed in the affirmative.

Yeas: Connecticut, New York, New Jersey, Delaware, Maryland, North Carolina, 6. Nays: Pennsylvania, Virginia, South Carolina, 3. Divided: Massachusetts, Georgia, 2.

It was then moved and seconded to postpone the consideration of the report from the grand committee until the special committee report; which passed in the affirmative.

Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, 6. Nays: New York, Virginia, North Carolina, South Carolina, Georgia, 5.

And then the house adjourned till Monday next, at 11 o’clock.

The Hon. Daniel Carroll, Esq., one of the deputies from the state of Maryland, attended, and took his seat.

The Hon. Mr. G. Morris, from the committee to whom was referred the 1st clause of the 1st proposition, reported from the grand committee, informed the house that the committee Edition: current; Page: [197] were prepared to report. He then read the report in his place; and the same, being delivered in at the secretary’s table, was read once throughout, and then by paragraphs; and is as follows, namely: —

The committee, to whom was referred the 1st clause of the 1st proposition reported from the grand committee, do beg leave to report: —

“1. That in the first meeting of the legislature of the United States, the first branch thereof consist of fifty-six members; of which number

New Hampshire shall have 2
Massachusetts, 7
Rhode Island, 1
Connecticut, 4
New York, 5
New Jersey, 3
Pennsylvania, 8
Delaware shall have 1
Maryland, 4
Virginia, 9
North Carolina, 5
South Carolina, 5
Georgia, 2

“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.

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, Edition: current; Page: [198] Mr. Rutledge, and Mr. King, informed the house that the committee were prepared to report. He then read the report in his place; and the same, being delivered in at the secretary’s table, was again read, and is as follows, namely: —

“That in the original formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members, of which number

New Hampshire shall send 3
Massachusetts, 8
Rhode Island, 1
Connecticut, 5
New York, 6
New Jersey, 4
Pennsylvania, 8
Delaware shall send 1
Maryland, 6
Virginia, 10
North Carolina, 5
South Carolina, 5
Georgia, 3”

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.

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Yeas: Delaware, Virginia, 2. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, North Carolina, South Carolina, Georgia, 9.

On the question to agree to the report of the grand committee, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nays: South Carolina, Georgia, 2.

It was moved and seconded to add the following amendments after the 2d paragraph of the report from the committee consisting of Mr. Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King: —

“That, in order to ascertain alterations in the population and wealth of the states, the legislature of the United States be required to cause a proper census and estimate to be taken once in every term of years.”

It was moved and seconded to postpone the consideration of the last motion, in order to take up the following, namely: —

“That the committee of eleven, to whom was referred the report of the committee of five, on the subject of representation, be requested to furnish the Convention with the principles on which they grounded the report;”

which passed in the negative.

Yea: South Carolina, 1. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 10.

And then the house adjourned till to-morrow at 11 o’clock A. M.

The amendment offered to the 2d paragraph of the report from the committee consisting of Mr. G. Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King, being withdrawn, it was moved by Mr. Williamson, and seconded, to substitute the following resolution, namely: —

Resolved, That, in order to ascertain the alterations that may happen in the population and wealth of the several states, a census shall be taken of the free inhabitants of each state, and three fifths of the inhabitants of the other description, on the first year after this form of government shall have been adopted, and afterwards on every term of years; and the legislature shall alter or augment the representation accordingly.”

It was moved and seconded to strike out the words “three fifths of;” which passed in the negative.

Yeas: Delaware, South Carolina, Georgia, 3. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 7.

It was moved by Mr. Rutledge, and seconded, to postpone Edition: current; Page: [200] 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.

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Yeas: Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, 5.

It was moved and seconded to agree to the following clause of the resolution, namely: “And the legislature shall alter or augment the representation accordingly;” which passed unanimously in the affirmative.

On the question to agree to the resolution as amended, it passed unanimously in the negative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to add the following clause to the last resolution agreed to by the house, respecting the representation in the first branch of the legislature of the United States, namely: —

Provided always, That direct taxation ought to be proportioned according to representation;”

which passed unanimously in the affirmative.

It was moved and seconded to postpone the consideration of the 1st clause in the report from the first grand committee; which passed in the affirmative.

It was moved and seconded to add the following amendment to the last clause adopted by the house, namely, —

“and that the rule of contribution, by direct taxation, for the support of the government of the United States, shall be the number of white inhabitants, and three fifths of every other description in the several states, until some other rule, that shall more accurately ascertain the wealth of the several states, can be devised and adopted by the legislature.”

The last amendment being withdrawn, it was moved and seconded to substitute the following, namely, —

“and, in order to ascertain the alteration in the representation which may be required, from time to time, by the changes in the relative 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 Edition: current; Page: [202] 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 Edition: current; Page: [203] the manner, and according to the ratio, recommended by Congress in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly,” —

it passed in the affirmative.

Yeas: Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, Georgia, 6. Nays: New Jersey, Delaware, 2. Divided: Massachusetts, South Carolina, 2.

And then the house adjourned until to-morrow, at 11 o’clock, A. M.

It was moved and seconded to postpone the consideration of that clause in the report of the grand committee, which respects the originating money bills in the first branch, in order to take up the following, namely, “that in the second branch of the legislature of the United States, each state shall have an equal vote.”

It was moved and seconded to add the following amendment to the last clause agreed to by the house, namely: —

“That, from the first meeting of the legislature of the United States, until a census shall be taken, all moneys to be raised for supplying the public treasury by direct taxation shall be assessed on the inhabitants of the several states according to the number of their representatives, respectively, in the first branch.”

It was moved and seconded to postpone the consideration of the amendment; which passed in the negative.

Yeas: Connecticut, New Jersey, Delaware, Maryland, 4. Nays: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6.

On the question to agree to the amendment, it passed in the negative.

Yeas: Massachusetts, Pennsylvania, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Delaware, Maryland, Virginia, 5.

It was moved and seconded to agree to the following amendment, namely: —

“That, from the first meeting of the legislature of the United States until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several states according to the number of their representatives, respectively, in the first branch;”

which passed in the affirmative.

Yeas: Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Maryland, 3. Divided: Pennsylvania, 1.

It was moved and seconded to reconsider the 2d clause of the report from the committee of five, entered on the Edition: current; Page: [204] Journal of the 9th instant; which was unanimously agreed to.

It was moved and seconded to alter the second clause reported from the committee of five, entered on the Journal of the 9th instant, so as to read as follows, namely: —

“But as the present situation of the states may probably alter in the number of their inhabitants, that the legislature of the United States be authorized, from time to time, to apportion the number of representatives. And in case any of the states shall hereafter be divided, or any two or more states united, or any new states created within the limits of the United States, the legislature of the United States shall possess authority to regulate the number of representatives in any of the foregoing cases, upon the principle of their number of inhabitants, according to the provisions hereafter mentioned.”

And on the question to agree to the clause as amended, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Delaware, 1.

It was moved and seconded to add, after the word “divided,” the following words, namely, “or enlarged by addition of territory;” which passed unanimously in the affirmative.

It was moved and seconded to adjourn. Passed in the affirmative.

Yeas: Massachusetts, Connecticut, Delaware, Maryland, North Carolina, South Carolina, 6. Nays: New Jersey, Pennsylvania, Virginia, Georgia, 4.

And then the house adjourned until to-morrow, at 11 o’clock, A. M.

It was moved and seconded to agree to the following proposition, namely: —

“That, to secure the liberties of the states already confederated, the number of representatives, in the first branch, from the states which shall hereafter be established, shall never exceed the representations from such of the thirteen United States as shall accede to this confederation.”

On the question to agree to the proposition, it passed in the negative.

Yeas: Massachusetts, Connecticut, Delaware, Maryland, 4. Nays: New Jersey, Virginia, North Carolina, South Carolina, Georgia, 5. Divided, Pennsylvania, 1.

It was moved and seconded to reconsider the two propositions reported from the grand committee, and agreed by the house to stand part of the report entered on the Journal of the 6th instant.

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It was moved by Mr. Pinckney, and seconded, to postpone the 2d clause of the report from the grand committee, entered on the Journals of the 6th instant, in order to take up the following, namely: —

“That the second branch of the legislature shall have thirty-six members, of which number

New Hampshire shall have 2
Massachusetts, 4
Rhode Island, 1
Connecticut, 3
New York, 3
New Jersey, 2
Pennsylvania, 4
Delaware shall have 1
Maryland, 3
Virginia, 5
North Carolina, 3
South Carolina, 3
Georgia, 2

On the question to postpone, it passed in the negative.

Yeas: Pennsylvania, Maryland, Virginia, South Carolina, 4. Nays: Massachusetts, Connecticut, New Jersey, Delaware, North Carolina, Georgia, 6.

And then the house adjourned till Monday.

The question being taken on the whole of the report from the grand committee, as amended, it passed in the affirmative, and is as follows, namely: —

Resolved, That, in the original formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members, of which number

New Hampshire shall send 3
Massachusetts, 8
Rhode Island, 1
Connecticut, 5
New York, 6
New Jersey, 4
Pennsylvania, 8
Delaware shall send 1
Maryland, 6
Virginia, 10
North Carolina, 5
South Carolina, 5
Georgia, 3

“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.

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Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch.

Resolved, That, in the second branch of the legislature of the United States, each state shall have an equal vote.”

Yeas: Connecticut, New Jersey, Delaware, Maryland, North Carolina, 5. Nays: Pennsylvania, Virginia, South Carolina, Georgia, 4. Divided: Massachusetts, 1.

It was moved and seconded to agree to the 1st clause of the 6th resolution reported from the committee of the whole house, namely: — “That the national legislature ought to possess the legislative rights vested in Congress by the Confederation;” which passed unanimously in the affirmative.

It was moved and seconded to commit the 2d clause of the 6th resolution reported from the committee of the whole house; which passed in the negative.

Yeas: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, 5.

It was moved and seconded to adjourn. Passed in the negative.

Yeas: New Jersey, Pennsylvania, Maryland, Virginia, North Carolina 5. Nays: Massachusetts, Connecticut, Delaware, South Carolina, Georgia, 5.

The motion to adjourn was repeated. Passed in the affirmative.

Yeas: Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: Connecticut, Delaware, 2 Divided: Georgia, 1.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved by Mr. Sherman, and seconded, to postpone the consideration of the 2d clause of the 6th resolution, reported from the committee of the whole house, in order to take up the following: —

“To make laws binding on the people of the United States in all cases which may concern the common interests of the Union; but not to interfere with the government of the individual states, in any matters of internal police, which respect the government of such states only, and wherein the general welfare of the United States is not concerned;”

which passed in the negative.

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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 Edition: current; Page: [208] 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.”

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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.

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, —

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“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.

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On the question to agree to the 1st clause of the 15th resolution reported from the committee of the whole house, it passed in the negative.

Yeas: Virginia, North Carolina, 2. Nays: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 7.

On the question to agree to the last clause of the 15th resolution, it passed unanimously in the negative.

It was moved and seconded to alter the 16th resolution, so as to read as follows, namely, “that a republican form of government shall be guarantied to each state; and that each state shall be protected against foreign and domestic violence;” which passed unanimously in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to reconsider the several clauses of the 9th resolution which respect the appointment, duration, and eligibility, of the national executive; which passed in the affirmative.

Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 9. Nay: North Carolina, 1.

North Carolina withdrew their negative; and it was unanimously agreed to reconsider immediately.

It was moved by Mr. Ellsworth, and seconded, to agree to the following proposition, namely: —

“To be chosen by electors appointed for that purpose by the legislatures of the states in the following proportion: —

One person from each state whose numbers, according to the ratio fixed in the resolution, shall not exceed 100,000; two from each of the others, whose numbers shall not exceed 300,000; and three from each of the rest.”

On the question to agree to the following clause, namely, “to be chosen by electors appointed for that purpose,” it passed in the affirmative.

Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 6. Nays: North Carolina, South Carolina, Georgia, 3. Divided: Massachusetts, 1.

On the question to agree to the following clause, “by the legislatures of the states,” it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, Georgia, 8. Nays: Virginia, South Carolina, 2.

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It was agreed to postpone the consideration of the remainder of the propositions.

It was moved and seconded to agree to the following clause, namely, “for the term of seven years,” which passed in the negative.

Yeas: New Jersey, South Carolina, Georgia, 3. Nays: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, 5. Divided: Massachusetts, North Carolina, 2.

On the question to agree to the following clause, namely, “for the term of six years,” it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1.

On the question to restore the words “to be ineligible a second time,” it passed in the negative.

Yeas: North Carolina, South Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Georgia, 8.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved by Mr. Gerry, and seconded, to postpone the consideration of the clause respecting the number of electors, entered on the Journal yesterday, in order to take up the following, namely: —

Resolved, That for the first election of the supreme executive, the proportion of electors shall be as follows, namely: —

New Hampshire, 1
Massachusetts, 3
Rhode Island, 1
Connecticut, 2
New York, 2
New Jersey, 2
Pennsylvania, 3
Delaware, 1
Maryland, 2
Virginia, 3
North Carolina, 2
South Carolina, 2
Georgia, 1

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.

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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.

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Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: New Jersey, 1.

It was moved and seconded to adjourn. Passed in the affirmative.

Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 8. Nays: Connecticut, North Carolina, 2.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to add the following clause to the resolution respecting the electors of the supreme executive, namely, “who shall be paid out of the national treasury, for the devotion of their time to the public service;” which passed in the affirmative.

It was moved and seconded to add, after the words “national executive,” in the 10th resolution, the words “together with the supreme national judiciary;” which passed in the negative.

Yeas: Connecticut, Maryland, Virginia, 3. Nays: Massachusetts, Delaware, North Carolina, South Carolina, 4. Divided: Pennsylvania, Georgia, 2.

It was moved and seconded to agree to the 10th resolution, as reported from the committee of the whole house, namely: —

Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature;”

which passed unanimously in the affirmative.

On the question to agree to the following amendment of the 3d clause of the 11th resolution, namely, “that the judges shall be nominated by the executive, and such nomination shall become an appointment, if not disagreed to by the second branch of the legislature,” it passed in the negative.

Yeas: Massachusetts, Pennsylvania, Virginia, 3. Nays: Connecticut, Delaware, Maryland, North Carolina, Georgia, 5.

On the question to agree to the following clause of the 11th resolution, as reported from the committee of the whole house, namely, “the judges of which shall be appointed by the second branch of the national legislature,” it passed in the affirmative.

Yeas: Connecticut, Delaware, Maryland, North Carolina, South Carolina, Georgia, 6. Nays: Massachusetts, Pennsylvania, Virginia, 3.

And then the house adjourned till Monday next.

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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.

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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.

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And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to strike the following words out of the resolution respecting the supreme executive, namely, “by electors appointed for that purpose by the legislature of the states,” and to insert the words “by the national legislature;” which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, New Jersey, Delaware, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, Pennsylvania, Maryland, Virginia, 4.

It was moved and seconded to strike out the word “six,” and to insert the word “fifteen.”

It was moved and seconded to postpone the consideration of the resolution respecting the executive; which passed in the negative.

Yeas: Connecticut, Pennsylvania, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, 6. Divided: Delaware, 1.

It was moved by Mr. Wilson, and seconded, to agree to the following resolution, namely: —

Resolved, That the supreme executive shall be chosen every years by electors, to be taken by lot from the national legislature; the electors to proceed immediately to the choice of the executive, and not to separate until it be made.”

The question of order to be taken on the last motion, it was determined that the motion is in order.

Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 7. Nays: Connecticut, North Carolina, South Carolina, Georgia, 4.

On the question to postpone the consideration of the resolution, it passed unanimously in the affirmative.

The house then proceeded to ballot for the committee of detail, when the Hon. Mr. Rutledge, Mr. Randolph, Mr. Gorham, Mr. Ellsworth, and Mr. Wilson, were chosen.

It was moved and seconded to discharge the committee of the whole house from acting on the propositions submitted to the Convention by the Hon. Mr. C. Pinckney, and that the said propositions be referred to the committee to whom the proceedings of the Convention are referred; which passed unanimously in the affirmative.

It was moved and seconded to take the like order on the Edition: current; Page: [218] propositions submitted to the Convention by the Hon. Mr. Patterson, which passed unanimously in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved by Mr. Ellsworth, and seconded, to agree to the following amendment to the resolution respecting the election of the supreme executive, namely, —

“except when the magistrate last chosen shall have continued in office the whole term for which he was chosen, and be reëligible; in which case the choice shall be by electors appointed for that purpose by the several legislatures.”

Passed in the negative.

Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, 4. Nays: Massachusetts, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7.

It was moved by Mr. Pinckney, and seconded, to agree to the following amendment of the resolution respecting the supreme executive, namely: —

Provided, That no person shall be capable of holding the said office for more than six years in any term of twelve.”

It was moved and seconded to postpone the consideration of the last amendment; which passed in the negative.

Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, Delaware, North Carolina, South Carolina, Georgia, 6.

On the question to agree to the amendment, it passed in the negative.

Yeas: New Hampshire, Massachusetts, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 6.

It was moved and seconded that the members of the committee be furnished with copies of the proceedings; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 10. Nay: South Carolina, 1.

It was moved and seconded that members of the house take copies of the resolutions which have been agreed to. Passed in the negative.

Yeas: Connecticut, New Jersey, Delaware, Virginia, North Carolina, 5. Nays: New Hampshire, Massachusetts, Pennsylvania, Maryland, South Carolina, Georgia, 6.

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It was moved and seconded to refer the resolution respecting the executive (except that clause which provides that it consist of a single person) to the committee of detail.

Before determination was taken on the last motion, it was moved and seconded to adjourn. Passed in the affirmative.

Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Connecticut, 2.

The house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to amend the 3d clause of the resolution respecting the national executive, so as to read as follows, namely, “for the term of seven years, to be ineligible a second time;” which passed in the affirmative.

Yeas: New Hampshire, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, Pennsylvania, Delaware, 3.

On the question to agree to the whole resolution respecting the supreme executive, namely, —

Resolved, That a national executive be instituted —

“To consist of a single person;

“To be chosen by the national legislature;

“For the term of seven years;

“To be ineligible a second time;

“With power to carry into execution the national laws;

“To appoint officers not otherwise provided for;

“To be removable on impeachment and conviction of malpractice or neglect of duty;

“To receive a fixed compensation for the devotion of his time to public service;

“To be paid out of the public treasury,” —

it passed in the affirmative.

Yeas: New Hampshire, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, Maryland, 3. Divided: Virginia, 1.

It was moved and seconded to agree to the following resolution, namely: —

Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of landed property and citizenship in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States; and for disqualifying all such persons as are Edition: current; Page: [220] 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.

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RESOLUTIONS OF THE CONVENTION,

referred, on the twenty-third and twenty-sixth of july, 1787, to a committee of detail, [messrs rutledge, randolph, gorham, ellsworth and wilson,] for the purpose of reporting a constitution.

JOURNALS.
June “I. Resolved, That the government of the United States ought to consist of a supreme legislative, judiciary, and executive.
2.
“II. Resolved, That the legislature consist of two branches.
21. “III. Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several states, for the term of two years; to be paid out of the public treasury; to receive an adequate compensation for their services; to be of the age of twenty-five years at least; to be ineligible to, and incapable of holding, any office under the authority of the United States, (except those peculiarly belonging to the functions of the first branch,) during the term of service of the first branch.
22.
23.
25. “IV. Resolved, That the members of the second branch of the legislature of the United States ought to be chosen by the individual legislatures; to be of the age of thirty years at least; to hold their offices for six years, one third to go out biennially; to receive a compensation for the devotion of their time to the public service; to be ineligible to, and incapable of holding, any office under the authority of the United States, (except those peculiarly belonging to the functions of the second branch,) during the term for which they are elected, and for one year thereafter.
“V. Resolved, That each branch ought to possess the right of originating acts.
Postponed, 27. “VI. Resolved, That the national legislature ought to possess the legislative rights vested in Congress by the Confederation; and moreover, to legislate, in all cases, for the general interests of the Union, and also in those to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation.
July
16.
17.
“VII. Resolved, That the legislative acts of the United States, made by virtue, and in pursuance, of the articles of union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states, as far as those acts or treaties shall relate to the said states, or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the respective laws of the individual states to the contrary notwithstanding.
16. “VIII. Resolved, That, in the original formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members, of which number
New Hampshire shall send 3
Massachusetts 8
Rhode Island 1
Connecticut 5
New York 6
New Jersey 4
Pennsylvania 8
Delaware shall send 1
Maryland 6
Virginia 10
North Carolina 5
South Carolina 5
Georgia 3
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, —
“IX. Resolved, That a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner and according to the ratio recommended by Congress in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly.
16. “X. Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch.
“XI. Resolved, That, in the second branch of the legislature of the United States, each state shall have an equal vote.
26. “XII. Resolved, That a national executive be instituted, to consist of a single person, to be chosen by the national legislature, for the term of seven years; to be ineligible a second time; with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; to be removable on impeachment and conviction of malpractice or neglect of duty; to receive a fixed compensation for the devotion of his time to public service, to be paid out of the public treasury.
21. “XIII. Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature.
18. “XIV. Resolved, That a national judiciary be established, to consist of one supreme tribunal, the judges of which shall be appointed by the second branch of the national legislature; to hold their offices during good behavior; to receive punctually, at stated times, a fixed compensation for their services, in which no diminution shall be made, so as to affect the persons actually in office at the time of such diminution.
21.
18.
“XV. Resolved, That the national legislature be empowered to appoint inferior tribunals.
18. “XVI. Resolved, That the jurisdiction of the national judiciary shall extend to cases arising under laws passed by the general legislature, and to such other questions as involve the national peace and harmony.
“XVII. Resolved, That provision ought to be made for the admission of new states lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole.
“XVIII. Resolved, That a republican form of government shall be guarantied to each state; and that each state shall be protected against foreign and domestic violence.
23. “XIX. Resolved, That provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary.
“XX. Resolved, That the legislative, executive, and judiciary powers, within the several states, and of the national government, ought to be bound, by oath, to support the articles of union.
“XXI. Resolved, That the amendments which shall be offered to the Confederation by the Convention ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon.
“XXII. Resolved, That the representation in the second branch of the legislature of the United States consist of two members from each state, who shall vote per capita.
26. “XXIII. Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of property and citizenship, in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States.”

The propositions offered to the Convention, on the 29th of May, by Mr. C. Pinckney, and on the 15th of June, by Mr. Patterson, were referred to the committee, with the above resolutions.

The house met agreeably to adjournment.

The Hon. John Francis Mercer, Esq., one of the deputies from the state of Maryland, attended, and took his seat.

The Hon. Mr. Rutledge, from the committee to whom were referred the proceedings of the Convention for the purpose of reporting a constitution for the establishment of a national government, conformable to the proceedings, informed the house that the committee were prepared to report.

The report was then delivered in at the secretary’s table; and, being read once throughout, and copies thereof given to the members, it was moved and seconded to adjourn till Wednesday morning; which passed in the negative.

Yeas: Pennsylvania, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, 5.

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The house then adjourned till to-morrow morning, at 11 o’clock.

DRAFT OF A CONSTITUTION,
REPORTED BY THE COMMITTEE OF FIVE, AUGUST 6, 1787.

[One copy of this printed draft is among the papers deposited by President Washington in the Department of State; another copy is among the papers of Mr. Brearly, furnished by General Bloomfield.]

We, the people of the states of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare, and establish, the following Constitution for the government of ourselves and our posterity: —

Art. I. The style of this government shall be, “The United States of America.”

Art. II. The government shall consist of supreme legislative, executive, and judicial powers.

Art. III. The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate, each of which shall, in all cases, have a negative on the other. The legislature shall meet on the first Monday in December every year.

Art. IV. Sect. 1. The members of the House of Representatives shall be chosen every second year, by the people of the several states comprehended within the Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several states, of the most numerous branch of their own legislatures.

Sect. 2. Every member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen in the United States for at least three years before his election; and shall be, at the time of his election, a resident of the state in which he shall be chosen.

Sect. 3. The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner hereinafter described, consist of sixty-five members, of whom three shall be chosen in New Hampshire, eight in Massachusetts, one in Rhode Island and Providence Plantations, five in Connecticut, six in New York, four in New Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North Carolina, five in South Carolina, and three in Georgia.

Sect. 4. As the proportions of numbers in the different states will alter from time to time; as some of the states may hereafter be divided; as others may be enlarged by addition of territory; as two or more states may be united; as new states will be erected within the limits of the United States, — the legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions hereinafter made, at the rate of one for every forty thousand.

Sect. 5. All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public treasury but in pursuance of appropriations that shall originate in the House of Representatives.

Sect. 6. The House of Representatives shall have the sole power of impeachment. It shall choose its speaker and other officers.

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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 Edition: current; Page: [226] 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 Edition: current; Page: [227] 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, Edition: current; Page: [228] 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.

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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 Edition: current; Page: [230] within the limits of any of the present states, the consent of the legislature of such states shall be also necessary to its admission. If the admission be consented to, the new states shall be admitted on the same terms with the original states. But the legislature may make conditions with the new states concerning the public debt which shall be then subsisting.

Art. XVIII. The United States shall guaranty to each state a republican form of government; and shall protect each state against foreign invasions; and, on the application of its legislature, against domestic violence.

Art. XIX. On the application of the legislature of two thirds of the states in the Union for an amendment of this Constitution, the legislature of the United States shall call a convention for that purpose.

Art. XX. The members of the legislatures, and the executive and judicial officers of the United States, and of the several states, shall be bound by oath to support this Constitution.

Art. XXI. The ratification of the conventions of states shall be sufficient for organizing this Constitution.

Art. XXII. This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention that it should be afterwards submitted to a convention chosen in each state, under the recommendation of its legislature, in order to receive the ratification of such convention.

Art. XXIII. To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the conventions of states, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution; that, after such publication, the legislatures of the several states should elect members of the Senate, and direct the election of members of the House of Representatives; and that the members of the legislature should meet at the time and place assigned by Congress, and should, as soon as may be, after their meeting, choose the President of the United States, and proceed to execute this Constitution.”

It was moved and seconded to refer the report of the committee of detail to a committee of the whole; which passed in the affirmative.

Yeas: Pennsylvania, Delaware, Maryland, Virginia, South Carolina, 5. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, 4.

Delaware being unrepresented during the debate, a question was again taken on referring to a committee of the whole, and passed in the negative.

Yeas: Delaware, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, North Carolina, South Carolina, 6.

On the question to agree to the preamble to the Constitution, as reported from the committee to whom were Edition: current; Page: [231] 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.

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It was moved and seconded to strike out the last clause in the 1st section of the 4th article; which passed in the negative.

Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, 7. Divided: Maryland, 1.

It was moved and seconded to adjourn; which passed in the negative.

Yeas: Pennsylvania, Delaware, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, 5.

It was moved and seconded to adjourn till to-morrow morning, at 10 o’clock; which passed in the negative.

Yeas: New Hampshire, Massachusetts, Connecticut, 3. Nays: Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 5. Divided: South Carolina, 1.

The motion to adjourn renewed. Passed in the affirmative.

Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: New Hampshire, Massachusetts, 2.

The house then adjourned till to-morrow morning, at 11 o’clock.

On the question to agree to the 1st section of the 4th article, as reported, it passed unanimously in the affirmative.

It was moved and seconded to strike out the word “three,” and to insert the word “seven,” in the 2d section of the 4th article; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: Connecticut, 1.

It was moved and seconded to amend the 2d section of the 4th article by inserting the word “of,” instead of “in,” after the word “citizen,” and the words “an inhabitant,” instead of the words “a resident;” which passed in the affirmative.

Yeas: New Jersey, Maryland, Virginia, South Carolina, 4. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, North Carolina, Georgia, 7.

It was moved and seconded to postpone Mr. ’s motion, in order to take up Mr. Dickinson’s; which passed in the negative.

Yeas: Maryland, South Carolina, Georgia, 3. Nays: Massachusetts, Edition: current; Page: [233] 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.

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On the question to agree to the 4th section of the 4th article, as amended, it passed in the affirmative.

It was moved and seconded to strike out the 5th section of the 4th article; which passed in the affirmative.

Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 7. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, 4.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

On the question to agree to the 6th section of the 4th article, as reported, it passed in the affirmative.

On the question to agree to the 7th section of the 4th article, as reported, it passed in the affirmative.

It was moved and seconded to insert the following words in the 3d clause of the 5th article, after the word “executive,” “of the state in the representation of which the vacancies shall happen;” which passed in the affirmative.

It was moved and seconded to strike out the 3d clause of the 1st section of the 5th article; which passed in the negative.

Yea: Pennsylvania, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Maryland, 1.

It was moved and seconded to add the following words to the 3d clause of the 1st section of the 5th article, namely, “unless other provision shall be made by the legislature;” which passed in the negative.

Yeas: Maryland, North Carolina, South Carolina, Georgia, 4. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, 6.

It was moved and seconded to alter the 3d clause in the 1st section of the 5th article so as to read as follows, namely:

“Vacancies happening by refusals to accept, resignations, or otherwise, may be supplied by the legislature of the state in the representation of which such vacancies shall happen, or by the executive thereof, until the next meeting of the legislature;”

which passed in the affirmative.

On the motion to agree to the three first clauses of the 1st section of the 5th article, it passed in the affirmative.

Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Dela ware, Maryland, Virginia, Georgia, 8. Nays: Massachusetts, North Carolina, 2. Divided: South Carolina, 1.

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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.

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On the question to agree to the 4th section of the 5th article, as reported, it passed in the affirmative.

It was moved and seconded to strike out the words “each house,” and to insert the words “the House of Representatives,” in the 1st section of the 6th article; which passed in the negative.

Yea: New Jersey, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.

It was moved and seconded to insert the word “respectively,” after the word “state,” in the 1st section of the 6th article; which passed in the affirmative.

It was moved and seconded to alter the 2d clause in the 1st section of the 6th article, so as to read as follows, namely: —

“But regulations in each of the foregoing cases may at any time be made or altered by the legislature of the United States;”

which passed in the affirmative.

On the question to agree to the 1st section of the 6th article, as amended, it passed in the affirmative.

And then the house adjourned till to-morrow at 11 o’clock, A. M.

It was moved and seconded to strike out the 2d section of the 6th article, in order to introduce the following, namely: —

“That the qualifications of the members of the legislature be as follows: —

“The members of the House of Representatives shall possess a clear and unencumbered property of ; the members of the Senate ;”

which passed in the negative.

It was moved and seconded to strike the following words out of the 2d section of the 6th article, namely, “with regard to property;” which passed in the negative.

Yeas: Connecticut, New Jersey, Pennsylvania, Georgia, 4. Nays New Hampshire, Massachusetts, Maryland, Virginia, North Carolina, South Carolina, 6.

On the question to agree to the 2d section of the 6th article, as reported, it passed in the negative.

Yeas: New Hampshire, Massachusetts, Georgia, 3. Nays: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 7.

It was moved and seconded to reconsider the 2d section of the 4th article; which passed in the affirmative.

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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 Edition: current; Page: [238] any one member present,” in the latter clause of the 7th section of the 6th article; which passed in the negative.

Yeas: Maryland, Virginia, South Carolina, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, 8.

It was moved and seconded to strike out the words “each house,” and to insert the words “the House of Representatives,” in the 2d clause of the 7th section of the 6th article; and to add the following words to the 7th section, namely, “and any member of the Senate shall be at liberty to enter his dissent;” which passed in the negative.

It was moved and seconded to strike the following words out of the 7th section of the 6th article, namely, “when it shall be acting in a legislative capacity,” and to add the following words to the section, “except such parts thereof as, in their judgment, require secrecy;” which passed in the affirmative.

Yeas: Massachusetts, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, New Jersey, Pennsylvania, 3. Divided: New Hampshire, 1.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to amend the 1st clause of the 7th section of the 6th article, to read as follows, namely: —

“Each house shall keep a journal of its proceedings, and shall, from time to time, publish the same, except such parts of the proceedings of the Senate, when not acting in its legislative capacity, as may be judged by that house to require secrecy;”

which passed in the negative.

Yea: Virginia, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 10.

It was moved and seconded to insert, in the 1st clause of the 7th section of the 6th article, after the word “thereof,” the following words, “relative to treaties and military operations;” which passed in the negative.

Yeas: Massachusetts, Connecticut, 2. Nays: New Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.

On the question to agree to the 1st clause of the 7th section Edition: current; Page: [239] 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, Edition: current; Page: [240] Delaware, Virginia, North Carolina, Georgia, 8. Nays: New Jersey, Maryland, 2. Divided: South Carolina, 1.

And Monday next was assigned for the reconsideration.

And then the house adjourned till Monday next, at 11 o’clock.

It was moved and seconded to strike out the word “seven,” and to insert the word “four,” in the 2d section of the 4th article.

It was moved and seconded to strike out the word “seven,” and to insert the word “nine,” in the 2d section of the 4th article.

It was moved by Mr. Hamilton, and seconded, to strike out the words “shall have been a citizen of the United States for at least seven years before his election,” and to insert, between the words “an” and “inhabitant,” the words “citizen and,” in the 2d section of the 4th article; which passed in the negative.

Yeas: Connecticut, Pennsylvania, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, New Jersey, Delaware, North Carolina, South Carolina, Georgia, 7.

On the question to agree to the amendment of “nine,” it passed in the negative.

Yeas: New Hampshire, South Carolina, Georgia, 3. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, 8.

On the question to agree to the amendment of “four,” it passed in the negative.

Yeas: Connecticut, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 8.

It was moved by Mr. G. Morris, and seconded, to add the following clause to the 2d section of the 4th article, namely: —

Provided always, that the above limitation of seven years shall not be construed to affect the rights of those who are now citizens of the United States;”

which passed in the negative.

Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, Delaware, North Carolina, South Carolina, 6.

It was moved and seconded to strike out the word “seven,” and to insert the word “five,” in the 2d section of the 4th article; which passed in the negative.

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Yeas: Connecticut, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, New Jersey, Delaware, North Carolina, South Carolina, Georgia, 7. Divided: Pennsylvania, 1.

On the question to agree to the 2d section of the 4th article, as formerly amended, it passed in the affirmative.

On the question, Shall the word “nine,” in the 3d section of the 5th article, stand part of the said section? — it passed in the affirmative.

Yeas: New Hampshire, Massachusetts, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, Pennsylvania, Maryland, 3.

It was moved and seconded to adjourn. Passed in the negative.

Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, 5. Nays: New Jersey, Virginia, North Carolina, Georgia, 5. Divided: New Hampshire, 1.

It was moved by Mr. Randolph, and seconded, to amend the 5th section of the 4th article, to read as follows, namely: —

“All bills for raising money for the purposes of revenue, or for appropriating the same, shall originate in the House of Representatives, and shall not be so altered or amended by the Senate as to increase or diminish the sum to be raised, or change the mode of raising, or the objects of its appropriation.”

The question was taken on the 1st clause of this amendment, which passed in the negative.

Yeas: New Hampshire, Massachusetts, Virginia, North Carolina, 4. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 7.

On the question to agree to the 5th section of the 4th article, as reported, it passed in the negative.

Yeas: New Hampshire, Massachusetts, North Carolina, 3. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 8.

The question was taken on the last clause of the 5th section of the 4th article; which passed in the negative.

Yea: Massachusetts, 1. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

It was moved and seconded to postpone the consideration of the 9th section of the 6th article, in order to take up the following: —

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“The members of each house shall be incapable of holding any office under the United States, for which they, or any other for their benefit, receive any salary, fees, or emoluments of any kind; and the acceptance of such office shall vacate their seats respectively;”

which passed in the negative.

Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, 5. Divided: Georgia, 1.

It was moved and seconded to amend the 9th section of the 6th article by adding the following clause after the words “be elected;” “except in the army or navy thereof; but in that case their seats shall be vacated.”

Before the question was taken on the last amendment, it was moved and seconded to postpone the consideration of the 9th section of the 6th article until the powers to be vested in the Senate are ascertained; which passed unanimously in the affirmative.

It was moved and seconded to strike out the latter clause of the 10th section of the 6th article, and to insert the following, “to be paid out of the treasury of the United States;” which passed in the affirmative.

Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 9. Nays: Massachusetts, South Carolina, 2.

It was moved and seconded to agree to the following amendment to the 10th section of the 6th article, —

“five dollars, or the present value thereof, per diem, during their attendance, and for every thirty miles’ travel, in going to and returning from Congress.”

which passed in the negative.

Yeas: Connecticut, Virginia, 2. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9.

It was moved and seconded to agree to the following amendment to the 10th section of the 6th article, “to be ascertained by law;” which passed in the affirmative.

On the question to agree to the 10th section of the 6th article, as amended, it passed in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

On the question to agree to the 11th section of the 6th article, as reported, it passed in the affirmative.

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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, Edition: current; Page: [244] South Carolina, 6. Nays: New Hampshire, Massachusetts, New Jersey, Georgia, 4. Divided: Pennsylvania, 1.

It was moved and seconded to amend the 1st clause of the 13th section of the 6th article, as follows: —

“No bill or resolve of the Senate and House of Representatives shall become a law, or have force, until it shall have been presented to the President of the United States for his revision;”

which passed in the negative.

Yeas: Massachusetts, Delaware, North Carolina, 3. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 8.

It was moved and seconded to add, at the close of the 13th section of the 6th article, the following clause: —

“No money shall be drawn from the treasury of the United States but in consequence of appropriations by law.”

The motion was withdrawn.

It was moved and seconded to adjourn; which passed in the negative.

Yeas: Delaware, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 7.

It was moved and seconded to strike out the word “seven,” and to insert the words “ten, (Sundays excepted,)” in the 13th section of the 6th article; which passed in the affirmative.

Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Massachusetts, 2.

On the question to agree to the 13th section of the 6th article, as amended, it passed in the affirmative.

And then the house adjourned till to-morrow, at 11 o’clock.

It was moved and seconded to agree to the following, as the 14th section of the 6th article: —

“Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment, and in the cases hereinafter mentioned,) shall be presented to the President for his revision, and, before the same shall have force, shall be approved by him, or, being disapproved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill;”

which passed in the affirmative.

It was moved and seconded to insert the following proviso after the 1st clause of the 1st section of the 7th article;

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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.

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.

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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 Edition: current; Page: [247] make peace” to the 14th clause; which passed unanimously in the negative.

Separate questions having been taken on the 9th, 10th, 11th, 12th, and 14th clauses of the 1st section, 7th article, as amended, they passed in the affirmative.

And the house adjourned till to-morrow, at 11 o’clock, A. M.

The following additional powers, proposed to be vested in the legislature of the United States, having been submitted to the consideration of the Convention, it was moved and seconded to refer them to the committee to whom the proceedings of the Convention were referred; which passed in the affirmative.

The propositions are as follow: —

“To dispose of the unappropriated lands of the United States.

“To institute temporary governments for new states arising therein.

“To regulate affairs with the Indians, as well within as without the limits of the United States.

“To exercise exclusively legislative authority at the seat of the general government, and over a district around the same, not exceeding square miles, the consent of the legislature of the state or states comprising such district being first obtained.

“To grant charters of incorporation in cases where the public good may require them, and the authority of a single state may be incompetent.

“To secure to literary authors their copyrights for a limited time.

“To establish a university.

“To encourage, by proper premiums and provisions, the advancement of useful knowledge and discoveries.

“To authorize the executive to procure and hold, for the use of the United States, landed property for the erection of forts, magazines, and other necessary buildings.

“To fix and permanently establish the seat of government of the United States, in which they shall possess the exclusive right of soil and jurisdiction.

“To establish seminaries for the promotion of literature, and the arts and sciences.

“To grant charters of incorporation.

“To grant patents for useful inventions.

“To secure authors exclusive rights for a certain time.

“To establish public institutions, rewards, and immunities, for the promotion of agriculture, commerce, trades, and manufactures.

“That funds which shall be appropriated for the payment of public creditors shall not, during the time of such appropriation, be diverted or applied to any other purpose; and to prepare a clause, or clauses, for restraining the legislature of the United States from establishing a perpetual revenue.

“To secure the payment of the public debt.

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“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.

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It was moved and seconded to insert the following as a clause in the 1st section of the 7th article: —

“To make laws for regulating and disciplining the militia of the several states, reserving to the several states the appointment of their militia officers.”

It was moved and seconded to postpone the last clause, in order to take up the following: —

“To establish a uniformity of exercise and arms for the militia, and rules for their government, when called into service under the authority of the United States; and to establish and regulate a militia in any state where its legislature shall neglect to do it.”

It was moved and seconded to refer the two last motions to a committee; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, New Jersey, 2. Divided: Maryland, 1.

And they were referred to the committee of eleven.

And then the house adjourned till Monday next, at 11 o’clock, A. M.

It was moved and seconded to refer the following propositions to the committee of five; which passed in the affirmative.

“Each house shall be the judge of its own privileges, and shall have authority to punish, by imprisonment, every person violating the same; or who, in the place where the legislature may be sitting, and during the time of its session, shall threaten any of its members for any thing said or done in the house; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend either of the houses, in his way going or returning; or who shall rescue any person arrested by their order.

“Each branch of the legislature, as well as the supreme executive, shall have authority to require the opinions of the Supreme Judicial Court upon important questions of law, and upon solemn occasions.

“The privileges and benefits of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding months.

“The liberty of the press shall be inviolably preserved.

“No troops shall be kept up, in time of peace, but by consent of the legislature.

“The military shall always be subordinate to the civil power, and no grants of money shall be made by the legislature for supporting military and forces for more than one year at a time.

“No soldier shall be quartered in any house, in time of peace, without consent of the owner.

“No person holding the office of President of the United States; a judge of their Supreme Court; secretary for the department of foreign Edition: current; Page: [250] 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 Edition: current; Page: [251] 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 Edition: current; Page: [252] 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: —

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“Treason against the United States shall consist only in levying war against them, or in adhering to their enemies;”

which passed in the affirmative.

It was moved and seconded to add the words “giving them aid and comfort,” after the word “enemies,” in the 2d section, 7th article; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, 8. Nays: Connecticut, Delaware, Georgia, 3.

It was moved and seconded to add, after the words “overt act,” the words “or confession in open court,” 2d section, 7th article; which passed in the affirmative.

Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 7. Nays: Massachusetts, South Carolina, Georgia, 3. Divided: North Carolina, 1.

On the question to agree to the 2d section of the 7th article, as amended, it passed in the affirmative.

It was moved and seconded to strike the words “white and other” out of the 3d section, 7th article; which passed in the affirmative.

It was moved and seconded to strike out the word “six,” and to insert the word “three,” in the 3d section of the 7th article; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nays: South Carolina, Georgia, 2.

It was moved and seconded to add the following clause to the 3d section of the 7th article: —

“That, from the first meeting of the legislature of the United States, until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several states, according to the number of their representation respectively in the first branch.”

Before a question was taken on the last motion, the house adjourned.

The Hon. Mr. Livingston, from the committee of eleven, to whom were referred, a proposition respecting the debts of the several states, entered on the Journal of the 18th inst., and a proposition respecting the militia, entered on the Journal of the 18th inst., informed the house that the committee were prepared to report, and had directed him to submit the same to the consideration of the house.

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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, Edition: current; Page: [255] 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.

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Before the question was taken on the last motion, the house adjourned.

The motion made yesterday to insert the word “free” before the word “persons,” in the 4th section of the 7th article, being withdrawn, it was moved and seconded to commit the two remaining clauses of the 4th section, and the 5th section of the 7th article; which passed in the affirmative.

Yeas: Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nays: New Hampshire, Pennsylvania, Delaware, 3.

It was moved and seconded to commit the 6th section of the 7th article; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Connecticut, New Jersey, 2.

And a committee (of a member from each state) was appointed by ballot, of the Hon. Mr. Langdon, Mr. King, Mr. Johnston, Mr. Livingston, Mr. Clymer, Mr. Dickinson, Mr. L. Martin, Mr. Madison, Mr. Williamson, Mr. C. C. Pinckney, and Mr. Baldwin, to whom the clauses of the 4th, 5th, and 6th sections were referred.

The Hon. Mr. Rutledge, from the committee to whom sundry propositions were referred, on the 18th and 20th instant, informed the house that the committee were prepared to report.

He then read the report in his place; and the same, being delivered in at the secretary’s table, was again read throughout, and is as follows: —

“The committee report, that, in their opinion, the following additions should 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 Edition: current; Page: [257] 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: —

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“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 discipli