Memorial and Remonstrance and Notes of Debates in the Federal Convention

Fac-Simile. Facing Page (part 5)

On this question

N. H. ay. Mass. ay. C^t ay. N. J. ay. P^a no. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Elseworth observed that a Council had not yet been provided for the President. He conceived there ought to be one. His proposition was that it should be composed of the President of the Senate, the Chief Justice, and the ministers as they might be estab^d for the departments of foreign & domestic affairs, war finance and marine, who should advise but not conclude the President.

M^r Pinkney wished the proposition to lie over, as notice had been given for a like purpose by M^r Gov^r Morris who was not then on the floor. His own idea was that the President sh^d be authorized to call for advice or not as he might chuse. Give him an able Council and it will thwart him; a weak one and he will shelter himself under their sanction.

M^r Gerry was ag^{st} letting the heads of the Departments, particularly of finance have any thing to do in business connected with legislation. He mentioned the Chief Justice also as particularly exceptionable. These men will also be so taken up with other matters as to neglect their own proper duties.

M^r Dickenson urged that the great appointments should be made by the Legislature in which case they might properly be consulted by the Executive, but not if made by the Executive himself--This subject by general consent lay over; & the House proceeded to the clause "To raise armies."

M^r Ghorum moved to add "and support" after "raise." Agreed to nem. con. and then the clause was agreed to nem. con. as amended.

M^r Gerry took notice that there was no check here ag^{st} standing armies in time of peace. The existing Cong^s is so constructed that it cannot of itself maintain an army. This w^d not be the case under the new system. The people were jealous on this head, and great opposition to the plan would spring from such an omission. He suspected that preparations of force were now making ag^{st} it. (he seemed to allude to the activity of the Gov^r of N. York at this crisis in disciplining the militia of that State.) He thought an army dangerous in time of peace & could never consent to a power to keep up an indefinite number. He proposed that there shall not be kept up in time of peace more than ---- thousand troops. His idea was that the blank should be filled with two or three thousand.

Instead of "to build and equip fleets"--"to provide and maintain a navy" agreed to nem. con. as a more convenient definition of the power.

"To make rules for the Government and regulation of the land & naval forces," added from the existing Articles of Confederation.

M^r L. Martin and M^r Gerry now regularly moved "provided that in time of peace the army shall not consist of more than ---- thousand men."

Gen^l Pinkney asked whether no troops were ever to be raised untill an attack should be made on us?

M^r Gerry. If there be no restriction, a few States may establish a military Gov^t.

M^r Williamson, reminded him of M^r Mason's motion for limiting the appropriation of revenue as the best guard in this case.

M^r Langdon saw no room for M^r Gerry's distrust of the Representatives of the people.

M^r Dayton. Preparations for war are generally made in peace; and a standing force of some sort may, for ought we know, become unavoidable. He should object to no restrictions consistent with these ideas.

The motion of M^r Martin and M^r Gerry was disagreed to nem. con.

M^r Mason moved as an additional power "to make laws for the regulation and discipline of the militia of the several States, reserving to the States the appointment of the officers." He considered uniformity as necessary in the regulation of the Militia throughout the Union.

Gen^l Pinkney mentioned a case during the war in which a dissimilarity in the militia of different States had produced the most serious mischiefs. Uniformity was essential. The States would never keep up a proper discipline of their militia.

M^r Elseworth was for going as far in submitting the militia to the Gen^l Government as might be necessary, but thought the motion of M^r Mason went too far. He moved that the militia should have the same arms & exercise and be under rules established by the Gen^l Gov^t when in actual service of the U. States and when States neglect to provide regulations for militia, it sh^d be regulated & established by the Legislature of U. S. The whole authority over the militia ought by no means to be taken away from the States whose consequence would pine away to nothing after such a sacrifice of power. He thought the Gen^l Authority could not sufficiently pervade the Union for such a purpose, nor could it accommodate itself to the local genius of the people. It must be vain to ask the States to give the Militia out of their hands.

M^r Sherman 2^{ds} the motion.

M^r Dickenson. We are come now to a most important matter, that of the sword. His opinion was that the States never would nor ought to give up all authority over the Militia. He proposed to restrain the general power to one fourth part at a time, which by rotation would discipline the whole Militia.

M^r Butler urged the necessity of submitting the whole Militia to the general Authority, which had the care of the general defence.

M^r Mason. had suggested the idea of a select militia. He was led to think that would be in fact as much as the Gen^l Gov^t could advantageously be charged with. He was afraid of creating insuperable objections to the plan. He withdrew his original motion, and moved a power "to make laws for regulating and disciplining the militia, not exceeding one tenth part in any one year, and reserving the appointment of officers to the States."

Gen^l Pinkney, renewed M^r Mason's original motion. For a part to be under the Gen^l and a part under the State Gov^{ts} w^d be an incurable evil. he saw no room for such distrust of the Gen^l Gov^t.

M^r Langdon 2^{ds} General Pinkney's renewal. He saw no more reason to be afraid of the Gen^l Gov^t than of the State Gov^{ts}. He was more apprehensive of the confusion of the different authorities on this subject, than of either.

M^r Madison thought the regulation of the Militia naturally appertaining to the authority charged with the public defence. It did not seem in its nature to be divisible between two distinct authorities. If the States would trust the Gen^l Gov^t with a power over the public treasure, they would from the same consideration of necessity grant it the direction of the public force. Those who had a full view of the public situation w^d from a sense of the danger, guard ag^{st} it: the States would not be separately impressed with the general situation, nor have the due confidence in the concurrent exertions of each other.

M^r Elseworth, considered the idea of a select militia as impracticable; & if it were not it would be followed by a ruinous declension of the great body of the Militia. The States would never submit to the same militia laws. Three or four shillings as a penalty will enforce better obedience in New England, than forty lashes in some other places.

M^r Pinkney thought the power such an one as could not be abused, and that the States would see the necessity of surrendering it. He had however but a scanty faith in Militia. There must be also a real military force. This alone can effectually answer the purpose. The United States had been making an experiment without it, and we see the consequence in their rapid approaches toward anarchy.[34]

[34] This had reference to the disorders particularly that had occurred in Massach^{ts} which had called for the interposition of the federal troops.--Madison's Note.

M^r Sherman, took notice that the States might want their militia for defence ag^{st} invasions and insurrections, and for enforcing obedience to their laws. They will not give up this point. In giving up that of taxation, they retain a concurrent power of raising money for their own use.

M^r Gerry thought this the last point remaining to be surrendered. If it be agreed to by the Convention, the plan will have as black a mark as was set on Cain. He had no such confidence in the Gen^l Gov^t as some gentlemen possessed, and believed it would be found that the States have not.

Col. Mason, thought there was great weight in the remarks of M^r Sherman, and moved an exception to his motion "of such part of the militia as might be required by the States for their own use."

M^r Read doubted the propriety of leaving the appointment of the Militia officers in the States. In some States they are elected by the Legislatures; in others by the people themselves. He thought at least an appointment by the State Executives ought to be insisted on.

On committing to the grand Committee last appointed, the latter motion of Col. Mason, & the original one revived by Ge^l Pinkney

N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. ay. M^d div^d. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Adjourned.

MONDAY AUGUST 20. IN CONVENTION

M^r Pinkney submitted to the House, in order to be referred to the Committee of detail, the following propositions--"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 benefit 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 Land 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 U. S. a Judge of their supreme Court, Secretary for the department of Foreign Affairs, of Finance, of Marine, of War, or of ----, shall be capable of holding at the same time any other office of Trust or emolument under the U. S. or an individual State."

"No religious test or qualification shall ever be annexed to any oath of office under the authority of the U. S."

"The U. S. 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 ought to or do appertain."

"The Legislature of the U. S. shall have the power of making the Great Seal which shall be kept by the President of the U. S. 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 U. S. and shall be affixed to all laws."

"All commissions and writs shall run in the name of the U.S."

"The Jurisdiction of the Supreme Court shall be extended to all controversies between the U. S. and an individual State, or the U. S. and the Citizens of an individual State."

These propositions were referred to the Committee of detail without debate or consideration of them by the House.

M^r Gov^r Morris 2^{ded} by M^r Pinkney, submitted the following propositions which were in like manner referred to the Committee of Detail.

"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 U. S. 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 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 thro' the U. 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 & 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 U. S.

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, & consider such as may be transmitted from abroad, and generally to attend to the interests of the U. S. in their connections with foreign powers.

5. The Secretary of War who shall also 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 & the like--also in time of war to prepare & recommend plans of offence and Defence.

6. The Secretary of the Marine who shall also be appointed during pleasure--It shall be his duty to superintend every thing relating to the Marine Department, the public ships, Dock Yards, naval Stores & arsenals--also in the time of war to prepare and recommend plans of offence and defence.

The President shall also appoint a Secretary of State to hold his office during pleasure; who shall be Secretary to the Council of State, and also public Secretary to the President. It shall be his duty to prepare all Public dispatches 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 & removal from office for neglect of duty malversation or corruption."

M^r Gerry moved "that the Committee be instructed to report proper qualifications for the President, and a mode of trying the Supreme Judges in cases of impeachment."

The clause "to call forth the aid of the Militia &c. was postponed till report should be made as to the power over the Militia referred yesterday to the Grand Committee of eleven.

M^r Mason moved to enable Congress "to enact sumptuary laws." No Government can be maintained unless the manners be made consonant to it. Such a discretionary power may do good and can do no harm. A proper regulation of excises & of trade may do a great deal but it is best to have an express provision. It was objected to sumptuary laws that they were contrary to nature. This was a vulgar error. The love of distinction it is true is natural; but the object of sumptuary laws is not to extinguish this principle but to give it a proper direction.

M^r Elseworth. The best remedy is to enforce taxes & debts. As far as the regulation of eating & drinking can be reasonable, it is provided for in the power of taxation.

M^r Gov^r Morris argued that sumptuary laws tended to create a landed nobility, by fixing in the great-landholders and their posterity their present possessions.

M^r Gerry, the law of necessity is the best sumptuary law.

On Motion of M^r Mason "as to sumptuary laws"

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. ay.

"And to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the Government of the U. S. or any department or officer thereof."

M^r Madison and M^r Pinkney moved to insert between "laws" and "necessary" "and establish all offices," it appearing to them liable to cavil that the latter was not included in the former.

M^r Gov^r Morris, M^r Wilson, M^r Rutlidge and M^r Elseworth urged that the amendment could not be necessary.

On the motion for inserting "and establish all offices"

N. H. no. Mass. ay. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a no. N. C. no. S. C. no. Geo. no.

The clause as reported was then agreed to nem. con.

Art: VII Sect. 2. concerning Treason which see.

M^r Madison, thought the definition too narrow. It did not appear to go as far as the Stat. of Edw^d III. He did not see why more latitude might not be left to the Legislature. It w^d be as safe as in the hands of State legislatures. And it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused.

M^r Mason was for pursuing the Stat: of Edw^d III.

M^r Gov^r Morris was for giving to the Union an exclusive right to declare what sh^d be treason. In case of a contest between the U. S. and a particular State, the people of the latter must under the disjunctive terms of the clause, be traitors to one or other authority.

M^r Randolph thought the clause defective in adopting the words, "in adhering" only. The British Stat: adds, "giving them aid and comfort" which had a more extensive meaning.

M^r Elseworth considered the definition as the same in fact with that of the Statute.

M^r Gov^r Morris "adhering" does not go so far as "giving aid and comfort" or the latter words may be restrictive of "adhering," in either case the Statute is not pursued.

M^r Wilson held "giving aid and comfort" to be explanatory, not operative words; and that it was better to omit them.

M^r Dickenson, thought the addition of "giving aid and comfort" unnecessary & improper; being too vague and extending too far. He wished to know what was meant by the "testimony of two witnesses" whether they were to be witnesses to the same overt act or to different overt acts. He thought also that proof of an overt act ought to be expressed as essential in the case.

Doc^r Johnson considered "giving aid & comfort" as explanatory of "adhering" & that something should be inserted in the definition concerning overt acts. He contended that Treason could not be both ag^{st} the U. States--and individual States; being an offence ag^{st} the Sovereignty which can be but one in the same community.

M^r Madison remarked that "and" before "in adhering" should be changed into "or" otherwise both offences viz. of "levying war," & of adhering to the Enemy might be necessary to constitute Treason. He added that, as the definition here was of treason against the U. S. it would seem that the individual States w^d be left in possession of a concurrent power so far as to define & punish treason particularly ag^{st} themselves; which might involve double punishm^t.

It was moved that the whole clause be recommitted which was lost, the votes being equally divided.

N. H. no. Mas. no. C^t no. N. J. ay. P^a ay. Del. no. M^d ay. V^a ay. N. C. div^d. S. C. no. Geo. ay.

M^r Wilson & Doc^r Johnson moved, that "or any of them," after "United States" be struck out in order to remove the embarrassment; which was agreed to nem. con.

M^r Madison. This has not removed the embarrassment. The same Act might be treason ag^{st} the United States as here defined--and ag^{st} a particular State according to its laws.

M^r Elseworth. There can be no danger to the gen^l authority from this; as the laws of the U. States are to be paramount.

Doc^r Johnson was still of opinion there could be no Treason ag^{st} a particular State. It could not even at present, as the Confederation now stands, the Sovereignty being in the Union; much less can it be under the proposed system.

Col. Mason. The United States will have a qualified sovereignty only. The individual States will retain a part of the Sovereignty. An Act may be treason ag^{st} a particular State which is not so ag^{st} the U. States. He cited the Rebellion of Bacon in Virginia as an illustration of the doctrine.

Doc^r Johnson: That case would amount to Treason ag^{st} the Sovereign, the Supreme Sovereign, the United States.

M^r King observed that the controversy relating to Treason might be of less magnitude than was supposed; as the Legislature might punish capitally under other names than Treason.

M^r Gov^r Morris and M^r Randolph wished to substitute the words of the British Statute and moved to postpone Sect 2. art VII in order to consider the following substitute--"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 & established, that if a man do levy war ag^{st} the U. S. within their territories, or be adherent to the enemies of the U. S. within the said territories, giving them aid and comfort within their territories or elsewhere, and thereof be provably attainted of open deed by the people of his condition, he shall be adjudged guilty of Treason."

On this question

N. H.--Mas. no. C^t no. N. J. ay. P^a no. Del. no. M^d no. V^a ay. N. C. no. S. C. no. Geo. no.

It was then moved to strike out "ag^{st} United States" after "treason" so as to define treason generally, and on this question

Mass. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a no. N. C. no. S. C. ay. Geo. ay.

It was then moved to insert after "two witnesses" the words "to the same overt act."

Doc^r Franklin wished this amendment to take place. prosecutions for treason were generally virulent; and perjury too easily made use of against innocence.

M^r Wilson. much may be said on both sides. Treason may sometimes be practised in such a manner, as to render proof extremely difficult--as in a traitorous correspondence with an Enemy.

On the question--as to some overt act

N. H. ay. Mass. ay. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay. V^a no. N. C. no. S. C. ay. Geo. ay.

M^r King moved to insert before the word "power" the word "sole," giving the U. States the exclusive right to declare the punishment of Treason.

M^r Broom 2^{ds} the motion.

M^r Wilson in cases of a general nature, treason can only be ag^{st} the U-- States, and in such they sh^d have the sole right to declare the punishment--yet in many cases it may be otherwise. The subject was however intricate and he distrusted his present judgment on it.

M^r King this amendment results from the vote defining treason generally by striking out ag^{st} the U. States, which excludes any treason ag^{st} particular States. These may however punish offences as high misdemeanors.

On inserting the word "sole." It passed in the negative

N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. ay. M^d no. V^a no. N. C. no. S. C. ay. Geo. no.--

M^r Wilson. the clause is ambiguous now. "Sole" ought either to have been inserted, or "against the U. S." to be re-instated.

M^r King no line can be drawn between levying war and adhering to enemy ag^{st} the U. States and ag^{st} an individual State--Treason ag^{st} the latter must be so ag^{st} the former.

M^r Sherman, resistance ag^{st} the laws of the U. States as distinguished from resistance ag^{st} the laws of a particular State, forms the line.

M^r Elseworth, the U. S. are sovereign on one side of the line dividing the jurisdictions--the States on the other--each ought to have power to defend their respective Sovereignties.

M^r Dickenson, war or insurrection ag^{st} a member of the Union must be so ag^{st} the whole body; but the constitution should be made clear on this point.

The clause was reconsidered nem. con--& then M^r Wilson & M^r Elseworth moved to reinstate "ag^{st} the U. S." after "Treason--" on which question

N. H. no. Mass. no. C^t ay. N. J. ay. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. ay.

M^r Madison was not satisfied with the footing on which the clause now stood. As Treason ag^{st} the U. States involves treason ag^{st} particular States, and vice versa, the same act may be twice tried & punished by the different authorities. M^r Gov^r Morris viewed the matter in the same light--

It was moved & 2^{ded} to amend the sentence to read--"Treason ag^{st} the U. S. shall consist only in levying war against them, or in adhering to their enemies" which was agreed to.

Col. Mason moved to insert the words "giving them aid and comfort," as restrictive of "adhering to their Enemies &c." the latter he thought would be otherwise too indefinite--This motion was agreed to: Con^t: Del: & Georgia only being in the Negative.

M^r L. Martin moved to insert after conviction &c.--"or on confession in open court"--and on the question (the negative States thinking the words superfluous) it was agreed to

N. H. ay. Mass. no. C^t ay. N. J. ay. P. ay. Del. ay. M^d ay. V^a ay. N. C. div^d. S. C. no. Geo. no.

Art: VII. Sect. 2, as amended was then agreed to nem. con.

Sect. 3. taken up. "white & other" struck out nem. con. as superfluous.

M^r Elseworth moved to require the first census to be taken within "three" instead of "six" years from the first meeting of the Legislature--and on question

N. H. ay. Mass. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. no.

M^r King asked what was the precise meaning of direct taxation? No one answ^d.

M^r Gerry moved to add to the 3^d Sect. Art: VII. the following clause "That from the first meeting of the Legislature of the U. S. until a Census shall be taken all monies 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".

M^r Langdon. This would bear unreasonably hard on N. H. and he must be ag^{st} it.

M^r Carrol opposed it. The number of Rep^s did not admit of a proportion exact enough for a rule of taxation.

Before any question the House

Adjourned.

TUESDAY AUGUST 21. IN CONVENTION

Governour Livingston[35] from the Committee of Eleven to whom was referred the propositions respecting the debts of the several States and also the Militia entered on the 18^{th} inst: delivered the following report:

[35] "Governor Livingston is confessedly a Man of the first rate talents, but he appears to me rather to indulge a sportiveness of wit, than a strength of thinking. He is however equal to anything, from the extensiveness of his education and genius. His writings teem with satyr and a neatness of style. But he is no Orator, and seems little acquainted with the guiles of policy. He is about 60 years old, and remarkably healthy."--Pierce's Notes, Am. Hist. Rev., iii., 327.

"The Legislature of the U. S. shall have power to fulfil the engagements which have been entered into by Congress, and to discharge as well the debts of the U. S. 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 U. S. reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by the U. States."

M^r Gerry considered giving the power only, without adopting the obligation, as destroying the security now enjoyed by the public creditors of the U-- States. He enlarged on the merit of this class of citizens, and the solemn faith which had been pledged under the existing Confederation. If their situation should be changed as here proposed great opposition would be excited ag^{st} the plan. He urged also that as the States had made different degrees of exertion to sink their respective debts, those who had done most would be alarmed, if they were now to be saddled with a share of the debts of States which had done least.

M^r Sherman. It means neither more nor less than the confederation as it relates to this subject.

M^r Elseworth moved that the Report delivered in by Gov^r Livingston should lie on the table.--Agreed to nem. con.

Art: VII. Sect. 3 resumed.--M^r Dickinson moved to postpone this in order to reconsider Art: IV. Sect. 4. and to limit the number of representatives to be allowed to the large States. Unless this were done the small States would be reduced to entire insignificancy, and encouragement given to the importation of slaves.

M^r Sherman would agree to such a reconsideration, but did not see the necessity of postponing the section before the House.--M^r Dickenson withdrew his motion.

Art: VII. Sect 3. then agreed to 10 ays, Delaware alone being no.

M^r Sherman moved to add to Sect 3. the following clause "And all accounts of supplies furnished, services performed, and monies advanced by the several States to the U. States, or by the U. S. to the several States shall be adjusted by the same rule."

M^r Govern^r Morris 2^{ds} the motion.

M^r Ghorum, thought it wrong to insert this in the Constitution. The Legislature will no doubt do what is right. The present Congress have such a power and are now exercising it.

M^r Sherman unless some rule be expressly given none will exist under the new system.

M^r Elseworth. Though The contracts of Congress will be binding, there will be no rule for executing them on the States; and one ought to be provided.

M^r Sherman withdrew his motion to make way for one of M^r Williamson to add to Sect. 3. "By this rule the several quotas of the States shall be determined in settling the expences of the late war."

M^r Carrol brought into view the difficulty that might arise on this subject from the establishment of the Constitution as intended without the unanimous consent of the States.

M^r Williamson's motion was postponed nem. con.

Art: VI Sect. 12. which had been postponed of Aug: 15. was now called for by Col. Mason, who wished to know how the proposed amendment as to money bills would be decided, before he agreed to any further points.

M^r Gerry's motion of yesterday that previous to a census, direct taxation be proportioned on the States according to the number of Representatives, was taken up. He observed that the principal acts of Government would probably take place within that period, and it was but reasonable that the States should pay in proportion to their share in them.

M^r Elseworth thought such a rule unjust. There was a great difference between the number of Represent^s and the number of inhabitants as a rule in this case. Even if the former were proportioned as nearly as possible to the latter, it would be a very inaccurate rule. A State might have one Representative only that had inhabitants enough for 1-1/2 or more, if fractions could be applied, &c.--. He proposed to amend the motion by adding the words, "subject to a final liquidation by the foregoing rule when a census shall have been taken."

M^r Madison. The last appointment of Cong^s on which the number of Representatives was founded, was conjectural and meant only as a temporary rule till a Census should be established.

M^r Read. The requisitions of Cong^s had been accommodated to the impoverishment produced by the war; and to other local and temporary circumstances.

M^r Williamson opposed M^r Gerry's motion.

M^r Langdon was not here when N. H. was allowed three members. If it was more than her share; he did not wish for them.

M^r Butler contended warmly for M^r Gerry's motion as founded in reason and equity.

M^r Elseworth's proviso to M^r Gerry's motion was agreed to nem. con.

M^r King thought the power of taxation given to the Legislature rendered the motion of M^r Gerry altogether unnecessary.

On M^r Gerry's motion as amended

N. H. no. Mass. ay. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. div^d. S. C. ay. Geo. no.

On a question, Shall Art: VI Sect. 12. with the amendment to it proposed & entered on the 15 instant, as called for by Col. Mason be now taken up? It passed in the negative.

N. H. ay. Mass. no. C^t ay. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. no.

M^r L. Martin. The power of taxation is most likely to be criticised by the public. Direct taxation should not be used but in cases of absolute necessity; and then the States will be the best Judges of the mode. He therefore moved the following addition to Sect: 3: Art VII "And whenever the Legislature of the U. S. 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 requisitions 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."

M^r M^cHenry 2^{ded} the motion--there was no debate, and on the question

N. H. no. C^t no. N. J. ay. Pen^a no. Del. no. M^d div^d. (Jenifer & Carol no) V^a no. N. C. no. S. C. no. Geo. no.

Art. VII. Sect. 4.--M^r Langdon, by this section the States are left at liberty to tax exports. N. H. therefore with other non-exporting States, will be subject to be taxed by the States exporting its produce. This could not be admitted. It seems to be feared that the Northern States will oppress the trade of the South^n. This may be guarded ag^{st} by requiring the concurrence of 2/3 or 3/4 of the legislature in such cases.

M^r Elseworth. It is best as it stands. The power of regulating trade between the States will protect them ag^{st} each other. Should this not be the case, the attempts of one to tax the produce of another passing through its hands, will force a direct exportation and defeat themselves. There are solid reasons ag^{st} Cong^s taxing exports. 1. it will discourage industry, as taxes on imports discourage luxury. 2. The produce of different States is such as to prevent uniformity in such taxes. There are indeed but a few articles that could be taxed at all; as Tob^o rice & indigo, and a tax on these alone would be partial & unjust. 3. The taxing of exports would engender incurable jealousies.

M^r Williamson. Tho' N. C. has been taxed by Virg^a by a duty on 12000 Hhs of her Tob^o exported thro' Virg^a yet he would never agree to this power. Should it take place, it would destroy the last hope of an adoption of the plan.

M^r Gov^r Morris. These local considerations ought not to impede the general interest. There is great weight in the argument, that the exporting States will tax the produce of their uncommercial neighbours. The power of regulating the trade between P^a & N. Jersey will never prevent the former from taxing the latter. Nor will such a tax force a direct exportation from N. Jersey. The advantages possessed by a large trading City, outweigh the disadvantage of a moderate duty; and will retain the trade in that channel. If no tax can be laid on exports, an embargo cannot be laid though in time of war such a measure may be of critical importance. Tobacco, lumber and live-stock are three objects belonging to different States, of which great advantage might be made by a power to tax exports. To these may be added Genseng and Masts for Ships by which a tax might be thrown on other nations. The idea of supplying the West Indies with lumber from Nova Scotia is one of the many follies of lord Sheffield's pamphlets. The State of the Country also will change, and render duties on exports, as skins, beaver & other peculiar raw materials, politic in the view of encouraging American manufactures.

M^r Butler was strenuously opposed to a power over exports, as unjust and alarming to the staple States.

M^r Langdon suggested a prohibition on the States from taxing the produce of other States exported from their harbours.

M^r Dickenson. The power of taxing exports may be inconvenient at present; but it must be of dangerous consequence to prohibit it with respect to all articles and for ever. He thought it would be better to except particular articles from the power.

M^r Sherman. It is best to prohibit the National legislature in all cases. The States will never give up all power over trade. An enumeration of particular articles would be difficult invidious and improper.

M^r Madison. As we ought to be governed by national and permanent views, it is a sufficient argument for giving y^e power over exports that a tax, tho' it may not be expedient at present, may be so hereafter. A proper regulation of exports may & probably will be necessary hereafter, and for the same purposes as the regulation of imports; viz, for revenue--domestic manufactures--and procuring equitable regulations from other nations. An Embargo may be of absolute necessity, and can alone be effectuated by the Gen^l authority. The regulation of trade between State and State cannot effect more than indirectly to hinder a State from taxing its own exports; by authorizing its Citizens to carry their commodities freely into a neighbouring State which might decline taxing exports in order to draw into its channel the trade of its neighbours. As to the fear of disproportionate burthens on the more exporting States, it might be remarked that it was agreed on all hands that the revenue w^d principally be drawn from trade, and as only a given revenue would be needed, it was not material whether all should be drawn wholly from imports--or half from those, and half from exports. The imports and exports must be pretty nearly equal in every State--and relatively the same among the different States.

M^r Elseworth did not conceive an embargo by the Congress interdicted by this section.

M^r M^cHenry conceived that power to be included in the power of war.

M^r Wilson. Pennsylvania exports the produce of Mary^d N. Jersey, Delaware & will by & by when the River Delaware is opened, export for N. York. In favoring the general power over exports therefore, he opposed the particular interest of his State. He remarked that the power had been attacked by reasoning which could only have held good in case the Gen^l Gov^t had been compelled, instead of authorized, to lay duties on exports. To deny this power is to take from the Common Gov^t half the regulation of trade. It was his opinion that a power over exports might be more effectual than that over imports in obtaining beneficial treaties of commerce.

M^r Gerry was strenuously opposed to the power over exports. It might be made use of to compel the States to comply with the will of the Gen^l Government, and to grant it any new powers which might be demanded. We have given it more power already than we know how will be exercised. It will enable the Gen^l Gov^t to oppress the States as much as Ireland is oppressed by Great Britain.

M^r Fitzimmons[36] would be ag^{st} a tax on exports to be laid immediately; but was for giving a power of laying the tax when a proper time may call for it. This would certainly be the case when America should become a manufacturing Country. He illustrated his argument by the duties in G. Britain on wool &c.

[36] "Mr. Fitzsimons is a Merchant of considerable talents, and speaks very well I am told, in the Legislature of Pennsylvania. He is about 40 years old."--Pierce's Notes, Am. Hist. Rev., iii., 328.

Col. Mason. If he were for reducing the States to mere corporations as seemed to be the tendency of some arguments, he should be for subjecting their exports as well as imports to a power of general taxation. He went on a principle often advanced & in which he concurred, that "a majority when interested will oppress the minority." This maxim had been verified by our own Legislature (of Virginia). If we compare the States in this point of view the 8 Northern States have an interest different from the five South^n States; and have in one branch of the legislature 36 votes ag^{st} 29. and in the other in the proportion of 8 ag^{st} 5. The Southern States had therefore ground for their suspicions. The case of Exports was not the same with that of imports. The latter were the same throughout the States; the former very different. As to Tobacco other nations do raise it, and are capable of raising it as well as Virg^a &c. The impolicy of taxing that article had been demonstrated by the experiment of Virginia.

M^r Clymer[37] remarked that every State might reason with regard to its particular productions, in the same manner as the Southern States. The middle States may apprehend an oppression of their wheat flour, provisions &c. and with more reason, as these articles were exposed to a competition in foreign markets not incident to Tob^o rice &c. They may apprehend also combinations ag^{st} them between the Eastern & Southern States as much as the latter can apprehend them between the Eastern & middle. He moved as a qualification of the power of taxing Exports that it should be restrained to regulations of trade by inserting after the word "duty" sect 4 art VII the words, "for the purpose of revenue."

[37] "Mr. Clymer is a Lawyer of some abilities;--he is a respectable Man and much esteemed. Mr. Clymer is about 40 years old."--Pierce's Notes, Am. Hist. Rev., iii., 328.

On question on M^r Clymer's motion

N. H. no. Mass. no. C^t no. N. J. ay. P^a ay. Del. ay. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Madison. In order to require 2/3 of each House to tax exports, as a lesser evil than a total prohibition moved to insert the words "unless by consent of two thirds of the Legislature."

M^r Wilson 2^{ds} and on this question, it passed in the Negative.

N. H. ay. Mass. ay. C^t no. N. J. ay. P^a ay. Del. ay. M^d no. V^a no (Col. Mason, M^r Randolph M^r Blair no. Gen^l Washington & J. M. ay.) N. C. no. S. C. no. Geo. no.

Question on Sect: 4. Art VII. as far as to "no tax sh^l be laid on exports"--it passed in the affirmative.

N. H. no. Mass. ay. C^t ay. N. J. no. P^a no. Del. no. M^d ay. V^a ay. (Gen^l W. & J. M. no) N. C. ay. S. C. ay. Geo. ay.

M^r L. Martin, proposed to vary the Sect: 4. art VII so as to allow a prohibition or tax on the importation of slaves. 1. as five slaves are to be counted as 3 free men in the apportionment of Representatives; such a clause would leave an encouragement to this trafic. 2. slaves weakened one part of the Union which the other parts were bound to protect; the privilege of importing them was therefore unreasonable. 3. it was inconsistent with the principles of the revolution and dishonorable to the American character to have such a feature in the Constitution.

M^r Rutlidge did not see how the importation of slaves could be encouraged by this section. He was not apprehensive of insurrections and would readily exempt the other States from the obligation to protect the Southern against them. Religion & humanity had nothing to do with this question. Interest alone is the governing principle with nations. The true question at present is whether the South^n States shall or shall not be parties to the Union. If the Northern States consult their interest, they will not oppose the increase of slaves which will increase the commodities of which they will become the carriers.

M^r Elseworth was for leaving the clause as it stands, let every State import what it pleases. The morality or wisdom of slavery are considerations belonging to the States themselves. What enriches a part enriches the whole, and the States are the best judges of their particular interest. The old confederation had not meddled with this point, and he did not see any greater necessity for bringing it within the policy of the new one.

M^r Pinkney. South Carolina can never receive the plan if it prohibits the slave trade. In every proposed extension of the powers of Congress, that State has expressly & watchfully excepted that of meddling with the importation of negroes. If the States be all left at liberty on this subject, S. Carolina may perhaps by degrees do of herself what is wished, as Virginia & Maryland already have done.

Adjourned.

WEDNESDAY AUGUST 22. IN CONVENTION.

Art VII sect 4. resumed. M^r Sherman was for leaving the clause as it stands. He disapproved of the slave trade; yet as the States were now possessed of the right to import slaves, as the public good did not require it to be taken from them, & as it was expedient to have as few objections as possible to the proposed scheme of Government, he thought it best to leave the matter as we find it. He observed that the abolition of Slavery seemed to be going on in the U. S. & that the good sense of the several States would probably by degrees compleat it. He urged on the Convention the necessity of despatching its business.

Col. Mason. This infernal traffic originated in the avarice of British Merchants. The British Gov^t constantly checked the attempts of Virginia to put a stop to it. The present question concerns not the importing States alone but the whole Union. The evil of having slaves was experienced during the late war. Had slaves been treated as they might have been by the Enemy, they would have proved dangerous instruments in their hands. But their folly dealt by the slaves, as it did by the Tories. He mentioned the dangerous insurrections of the slaves in Greece and Sicily; and the instructions given by Cromwell to the Commissioners sent to Virginia, to arm the servants & slaves, in case other means of obtaining its submission should fail. Maryland & Virginia he said had already prohibited the importation of slaves expressly. N. Carolina had done the same in substance. All this would be in vain, if S. Carolina & Georgia be at liberty to import. The Western people are already calling out for slaves for their new lands, and will fill that Country with slaves if they can be got thro' S. Carolina & Georgia. Slavery discourages arts & manufactures. The poor despise labor when performed by slaves. They prevent the immigration of Whites, who really enrich & strengthen a Country. They produce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. They bring the judgment of heaven on a Country. As nations can not be rewarded or punished in the next world they must be in this. By an inevitable chain of causes & effects providence punishes national sins, by national calamities. He lamented that some of our Eastern brethren had from a lust of gain embarked in this nefarious traffic. As to the States being in possession of the Right to import, this was the case with many other rights, now to be properly given up. He held it essential in every point of view that the Gen^l Gov^t should have power to prevent the increase of slavery.

M^r Elseworth. As he had never owned a slave could not judge of the effects of slavery on character. He said however that if it was to be considered in a moral light we ought to go farther and free those already in the Country.--As slaves also multiply so fast in Virginia & Maryland that it is cheaper to raise than import them, whilst in the sickly rice swamps foreign supplies are necessary, if we go no farther than is urged, we shall be unjust towards S. Carolina & Georgia. Let us not intermeddle. As population increases, poor laborers will be so plenty as to render slaves useless. Slavery in time will not be a speck in our Country. Provision is already made in Connecticut for abolishing it. And the abolition has already taken place in Massachusetts. As to the danger of insurrections from foreign influence, that will become a motive to kind treatment of the slaves.

M^r Pinkney. If slavery be wrong, it is justified by the example of all the world. He cited the case of Greece Rome & other antient States; the sanction given by France England, Holland & other modern States. In all ages one half of mankind have been slaves. If the S. States were let alone they will probably of themselves stop importations. He w^d himself as a citizen of S. Carolina vote for it. An attempt to take away the right as proposed will produce serious objections to the Constitution which he wished to see adopted.

General Pinkney declared it to be his firm opinion that if himself & all his colleagues were to sign the Constitution & use their personal influence, it would be of no avail towards obtaining the assent of their Constituents. S. Carolina & Georgia cannot do without slaves. As to Virginia she will gain by stopping the importations. Her slaves will rise in value, & she has more than she wants. It would be unequal to require S. C. & Georgia to confederate on such unequal terms. He said the Royal assent before the Revolution had never been refused to S. Carolina as to Virginia. He contended that the importation of slaves would be for the interest of the whole Union. The more slaves, the more produce to employ the carrying trade; The more consumption also, and the more of this, the more revenue for the common treasury. He admitted it to be reasonable that slaves should be dutied like other imports, but should consider a rejection of the clause as an exclusion of S. Carol^a from the Union.

M^r Baldwin had conceived national objects alone to be before the Convention, not such as like the present were of a local nature. Georgia was decided on this point. That State has always hitherto supposed a Gen^l Governm^t to be the pursuit of the central States who wished to have a vortex for every thing--that her distance would preclude her from equal advantage--& that she could not prudently purchase it by yielding national powers. From this it might be understood in what light she would view an attempt to abridge one of her favorite prerogatives. If left to herself, she may probably put a stop to the evil. As one ground for this conjecture, he took notice of the sect of ---- which he said was a respectable class of people, who carried their ethics beyond the mere equality of men, extending their humanity to the claims of the whole animal creation.

M^r Wilson observed that if S. C. & Georgia were themselves disposed to get rid of the importation of slaves in a short time as had been suggested, they would never refuse to Unite because the importation might be prohibited. As the section now stands all articles imported are to be taxed. Slaves alone are exempt. This is in fact a bounty on that article.

M^r Gerry thought we had nothing to do with the conduct of the States as to Slaves, but ought to be careful not to give any sanction to it.

M^r Dickenson considered it as inadmissible on every principle of honor & safety that the importation of slaves should be authorized to the States by the Constitution. The true question was whether the national happiness would be promoted or impeded by the importation, and this question ought to be left to the National Gov^t not to the States particularly interested. If Eng^d & France permit slavery, slaves are at the same time excluded from both those kingdoms. Greece and Rome were made unhappy by their slaves. He could not believe that the South^n States would refuse to confederate on the account apprehended; especially as the power was not likely to be immediately exercised by the Gen^l Government.

M^r Williamson stated the law of N. Carolina on the subject, to-wit that it did not directly prohibit the importation of slaves. It imposed a duty of £5 on each slave imported from Africa, £10 on each from elsewhere, & £50 on each from a State licensing manumission. He thought the S. States could not be members of the Union if the clause sh^d be rejected, and that it was wrong to force any thing down not absolutely necessary, and which any State must disagree to.

M^r King thought the subject should be considered in a political light only. If two States will not agree to the Constitution as stated on one side, he could affirm with equal belief on the other, that great & equal opposition would be experienced from the other States. He remarked on the exemption of slaves from duty whilst every other import was subjected to it, as an inequality that could not fail to strike the commercial sagacity of the North^n & Middle States.

M^r Langdon was strenuous for giving the power to the Gen^l Gov^t. He c^d not with a good conscience leave it with the States who could then go on with the traffic, without being restrained by the opinions here given that they will themselves cease to import slaves.

Gen^l Pinkney thought himself bound to declare candidly that he did not think S. Carolina would stop her importations of slaves in any short time, but only stop them occasionally as she now does. He moved to commit the clause that slaves might be made liable to an equal tax with other imports which he thought right & w^{ch} w^d remove one difficulty that had been started.

M^r Rutlidge. If the Convention thinks that N. C. S. C. & Georgia will ever agree to the plan, unless their right to import slaves be untouched, the expectation is vain. The people of those States will never be such fools as to give up so important an interest. He was strenuous ag^{st} striking out the section, and seconded the motion of Gen^l Pinkney for a commitment.

M^r Gov^r Morris wished the whole subject to be committed including the clauses relating to taxes on exports & to a navigation act. These things may form a bargain among the Northern & Southern States.

M^r Butler declared that he never would agree to the power of taxing exports.

M^r Sherman said it was better to let the S. States import slaves than to part with them, if they made that a sine qua non. He was opposed to a tax on slaves imported as making the matter worse, because it implied they were property. He acknowledged that if the power of prohibiting the importation should be given to the Gen^l Government that it would be exercised. He thought it would be its duty to exercise the power.

M^r Read was for the commitment provided the clause concerning taxes on exports should also be committed.

M^r Sherman observed that that clause had been agreed to & therefore could not be committed.

M^r Randolph was for committing in order that some middle ground might, if possible, be found. He could never agree to the clause as it stands. He w^d sooner risk the constitution. He dwelt on the dilemma to which the Convention was exposed. By agreeing to the clause, it would revolt the Quakers, the Methodists, and many others in the States having no slaves. On the other hand, two States might be lost to the Union. Let us then, he said, try the chance of a commitment.

On the question for committing the remaining part of Sect. 4 & 5. of Art: 7.

N. H. no. Mass. abt^t Con^t ay. N. J. ay. P^a no. Del. no. Mary^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Pinkney & M^r Langdon moved to commit Sect. 6. as to navigation act by two thirds of each House.

M^r Gorham did not see the propriety of it. Is it meant to require a greater proportion of votes? He desired it to be remembered that the Eastern States had no motive to Union but a commercial one. They were able to protect themselves. They were not afraid of external danger, and did not need the aid of the South^n States.

M^r Wilson wished for a commitment in order to reduce the proportion of votes required.

M^r Elseworth was for taking the plan as it is. This widening of opinions has a threatening aspect. If we do not agree on this middle & moderate ground he was afraid we should lose two States, with such others as may be disposed to stand aloof, should fly into a variety of shapes & directions, and most probably into several confederations and not without bloodshed.

On Question for committing 6 Sect. as to navigation act to a member from each State--

N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

The Committee appointed were M^r Langdon, King, Johnson, Livingston, Clymer, Dickenson, L. Martin, Madison, Williamson, C. C. Pinkney, & Baldwin.

To this committee were referred also the two clauses above mentioned, of the 4 & 5. Sect: of Art. 7.

M^r Rutlidge from the Committee to whom were referred on the 18 & 20^{th} instant the propositions of M^r Madison & M^r Pinkney made the Report following:[38]

[38] Madison's Note says: ("Here insert Report from Journal of the Convention of the date.") It is found on p. 227, 228, of the Journal and is as above.

"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 first clause of the first section of the seventh 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 second clause, second section, seventh article, add, 'and with Indians, within the limits of any state, not subject to the laws thereof.'

"At the end of the sixteenth clause of the second section, seventh article, add, 'and to provide, as may become necessary, from time to time, for the well managing and securing the common property and general interests and welfare 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 authority may be competent.'

"At the end of the first section, tenth article, add, 'he shall be of the age of thirty-five years, and a citizen of the United States, and shall have been an inhabitant thereof for twenty-one years.'

"After the second section of the tenth article, insert the following as a third 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 second section of the eleventh article, add, 'the judges of the supreme court shall be triable by the senate, on impeachment by the house of representatives.'

"Between the fourth and fifth lines of the third section of the eleventh article, after the word 'controversies,' insert, 'between the United States and an individual state, or the United States and an individual person.'"

A motion to rescind the order of the House respecting the hours of meeting & adjourning, was negatived:

Mass: P^a Del. Mar^d ay. N. H. Con: N. J. V^a N. C. S. C. Geo. no.

M^r Gerry and M^r M^cHenry moved to insert after the 2^d Sect. Art: 7, the clause following, to wit, "The Legislature shall pass no bill of attainder nor any ex post facto law."[39]

[39] The proceedings on this motion involving the two questions on "attainders and ex post facto laws," are not so fully stated in the printed Journal.--Madison's Note.

M^r Gerry urged the necessity of this prohibition, which he said was greater in the National than the State Legislature, because the number of members in the former being fewer, they were on that account the more to be feared.

M^r Gov^r Morris thought the precaution as to ex post facto laws unnecessary; but essential as to bills of attainder.

M^r Elseworth contended that there was no lawyer, no civilian who would not say that ex post facto laws were void of themselves. It cannot then be necessary to prohibit them.

M^r Wilson was against inserting any thing in the Constitution as to ex post facto laws. It will bring reflections on the Constitution--and proclaim that we are ignorant of the first principles of Legislation, or are constituting a Government that will be so.

The question being divided, the first part of the motion relating to bills of attainder was agreed to nem contradicente.

On the second part relating to ex post facto laws--

M^r Carrol remarked that experience overruled all other calculations. It had proved that in whatever light they might be viewed by civilians or others, the State Legislatures had passed them, and they had taken effect.

M^r Wilson. If these prohibitions in the State Constitutions have no effect, it will be useless to insert them in this Constitution. Besides, both sides will agree to the principle, and will differ as to its application.

M^r Williamson. Such a prohibitory clause is in the Constitution of N. Carolina, and tho it has been violated, it has done good there & may do good here, because the Judges can take hold of it.

Doc^r Johnson thought the clause unnecessary, and implying an improper suspicion of the National Legislature.

M^r Rutlidge was in favor of the clause.

On the question for inserting the prohibition of ex post facto laws.

N. H. ay. Mas. ay. Con^t no. N. J. no. P^a no. Del. ay. M^d ay. Virg^a ay. N. C. div^d. S. C. ay. Geo. ay.

The report of the committee of 5. made by M^r Rutlidge, was taken up and then postponed that each member might furnish himself with a copy.

The Report of the Committee of Eleven delivered in & entered on the Journal of the 21^{st} inst. was then taken up, and the first clause containing the words "The Legislature of the U. S. shall have power to fulfil the engagements which have been entered into by Congress" being under consideration,

M^r Elseworth argued that they were unnecessary. The U. S. heretofore entered into Engagements by Cong^s who were their Agents. They will hereafter be bound to fulfil them by their new agents.

M^r Randolph thought such a provision necessary: for though the U. States will be bound, the new Gov^t will have no authority in the case unless it be given to them.

M^r Madison thought it necessary to give the authority in order to prevent misconstruction. He mentioned the attempts made by the Debtors to British subjects to shew that contracts under the old Government, were dissolved by the Revolution which destroyed the political identity of the Society.

M^r Gerry thought it essential that some explicit provision should be made on this subject, so that no pretext might remain for getting rid of the public engagements.

M^r Gov^r Morris moved by way of amendment to substitute--"The Legislature shall discharge the debts & fulfil the engagements of the U. States."

It was moved to vary the amendment by striking out "discharge the debts" & to insert "liquidate the claims," which being negatived,

The amendment moved by M^r Gov^r Morris was agreed to all the States being in the affirmative.

It was moved & 2^{ded} to strike the following words out of the 2^d clause of the report "and the authority of training the militia according to the discipline prescribed by the U. S." Before a question was taken

The House adjourned.

THURSDAY IN CONVENTION AUG: 23, 1787

The Report of the Committee of Eleven made Aug: 21. being taken up, and the following clause being under consideration to wit "To make laws for organizing, arming & disciplining the Militia, and for governing such parts of them as may be employed in the service of the U. S. reserving to the States respectively, the appointment of the officers, and authority of training the militia according to the discipline prescribed."

M^r Sherman moved to strike out the last member "and authority of training" &c. He thought it unnecessary. The States will have this authority of course if not given up.

M^r Elseworth doubted the propriety of striking out the sentence. The reason assigned applies as well to the other reservation of the appointment to offices. He remarked at the same time that the term discipline was of vast extent and might be so expounded as to include all power on the subject.

M^r King, by way of explanation, said that by organizing, the Committee meant, proportioning the officers & men--by arming, specifying the kind size & caliber of arms--& by disciplining, prescribing the manual exercise evolutions &c.

M^r Sherman withdrew his motion.

M^r Gerry. This power in the U. S. as explained is making the States drill-sergeants. He had as lief let the Citizens of Massachusetts be disarmed, as to take the command from the States, and subject them to the Gen^l Legislature. It would be regarded as a system of Despotism.

M^r Madison observed that "arming" as explained did not extend to furnishing arms; nor the term "disciplining" to penalties & Courts Martial for enforcing them.

M^r King added to his former explanation that arming meant not only to provide for uniformity of arms, but included the authority to regulate the modes of furnishing, either by the militia themselves, the State Governments, or the National Treasury; that laws for disciplining, must involve penalties and every thing necessary for enforcing penalties.

M^r Dayton moved to postpone the paragraph, in order to take up the following proposition.

"To establish an uniform & general system of discipline for the Militia of these States, and to make laws for organizing, arming, disciplining & governing such part of them as may be employed in the service of the U. S., reserving to the States respectively the appointment of the officers, and all authority over the militia not herein given to the General Government."

On the question to postpone in favor of this proposition: it passed in the Negative.

N. H. no. Mas. no. C^t no. N. J. ay. P. no. Del. no. Mary^d ay. V^a no. N. C. no. S. C. no. Geo. ay.

M^r Elseworth & M^r Sherman moved to postpone the 2^d clause in favor of the following

"To establish an uniformity of arms, exercise & organization for the militia, and to provide for the Government of them when called into the service of the U. States."

The object of this proposition was to refer the plan for the Militia to the General Gov^t but to leave the execution of it to the State Gov^{ts}.

Mr. Langdon said he could not understand the jealousy expressed by some Gentlemen. The General & State Gov^{ts} were not enemies to each other, but different institutions for the good of the people of America. As one of the people he could say, the National Gov^t is mine, the State Gov^t is mine. In transferring power from one to the other, I only take out of my left hand what it cannot so well use, and put it into my right hand where it can be better used.

M^r Gerry thought it was rather taking out of the right hand & putting it into the left. Will any man say that liberty will be as safe in the hands of eighty or a hundred men taken from the whole continent, as in the hands of two or three hundred taken from a single State.

M^r Dayton was against so absolute a uniformity. In some States there ought to be a greater proportion of cavalry than in others. In some places rifles would be most proper, in others muskets &c.

Gen^l Pinkney preferred the clause reported by the Committee, extending the meaning of it to the case of fines &c.

M^r Madison. The primary object is to secure an effectual discipline of the Militia. This will no more be done if left to the States separately than the requisitions have been hitherto paid by them. The States neglect their Militia now, and the more they are consolidated into one nation, the less each will rely on its own interior provisions for its safety & the less prepare its Militia for that purpose; in like manner as the militia of a State would have been still more neglected than it has been if each county had been independently charged with the care of its Militia. The Discipline of the Militia is evidently a National concern, and ought to be provided for in the National Constitution.

M^r L. Martin was confident that the States would never give up the power over the Militia; and that, if they were to do so, the militia would be less attended to by the Gen^l than by the State Governments.

M^r Randolph asked what danger there Could be that the Militia could be brought into the field and made to commit suicide on themselves. This is a power that cannot from its nature be abused, unless indeed the whole mass should be corrupted. He was for trammelling the Gen^l Gov^t whenever there was danger, but here there could be none. He urged this as an essential point; observing that the Militia were every where neglected by the State Legislatures, the members of which courted popularity too much to enforce a proper discipline. Leaving the appointment of officers to the States protects the people ag^{st} every apprehension that could produce murmur.

On Question on M^r Elsworth's Motion

N. H. no. Mass. no. C^t ay. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

A motion was then made to recommit the 2^d clause which was negatived.

On the question to agree to the 1^{st} part of the clause, namely

"To make laws for organizing arming & disciplining the Militia, and for governing such part of them as may be employed in the service of the U. S."

N. H. ay. Mas. ay. C^t no. N. J. ay. P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Madison moved to amend the next part of the clause so as to read "reserving to the States respectively, the appointment of the officers, under the rank of General officers."

M^r Sherman considered this as absolutely inadmissible. He said that if the people should be so far asleep as to allow the most influential officers of the militia to be appointed by the Gen^l Government, every man of discernment would rouse them by sounding the alarm to them.

M^r Gerry. Let us at once destroy the State Gov^{ts} have an Executive for life or hereditary, and a proper Senate, and then there would be some consistency in giving full powers to the Gen^l Gov^t but as the States are not to be abolished, he wondered at the attempts that were made to give powers inconsistent with their existence. He warned the Convention ag^{st} pushing the experiment too far. Some people will support a plan of vigorous Government at every risk. Others of a more democratic cast will oppose it with equal determination, and a Civil war may be produced by the conflict.

M^r Madison. As the greatest danger is that of disunion of the States, it is necessary to guard ag^{st} it by sufficient powers to the Common gov^t and as the greatest danger to liberty is from large standing armies, it is best to prevent them by an effectual provision for a good Militia.

On the Question to agree to M^r Madison's motion

N. H. ay. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. no. S. C. ay. Geo. ay.[40]

[40] In the printed Journal, Geo: no.--Madison's Note.

On the question to agree to the "reserving to the States the appointment of the officers." It was agreed to nem: contrad:

On the question on the clause "and the authority of training the Militia according to the discipline prescribed by the U. S."--

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. no. M^d ay. V^a no. N. C. ay. S. C. no. Geo. no.

On the question to agree to Art. VII. Sect. 7. as reported it passed nem: contrad.

M^r Pinkney urged the necessity of preserving foreign Ministers & other officers of the U. S. independent of external influence and moved to insert, after Art. VII Sect 7. the clause following--"No person holding any office of profit or trust under the U. S. shall without the consent of the Legislature, accept of any present, emolument, office or title of any kind whatever, from any King, Prince or foreign State", which passed nem: contrad:

M^r Rutlidge moved to amend Art: VIII to read as follows,

"This Constitution & the laws of the U. S. made in pursuance thereof, and all the Treaties made under the authority of the U. S. shall be the supreme law of the several States and of their citizens and inhabitants; and the Judges in the several States shall be bound thereby in their decisions, any thing in the Constitutions or laws of the several States, to the contrary notwithstanding."

which was agreed to, nem: contrad:

Art: IX being next for consideration,

M^r Gov^r Morris argued ag^{st} the appointment of officers by the Senate. He considered the body as too numerous for the purpose; as subject to cabal; and as devoid of responsibility. If Judges were to be tried by the Senate according to a late report of a Committee it was particularly wrong to let the Senate have the filling of vacancies which its own decrees were to create.

M^r Wilson was of the same opinion & for like reasons.

The art. IX. being waved, and Art. VII. Sect. 1. resumed,

M^r Gov^r Morris moved to strike the following words out of the 18 clause "enforce treaties" as being superfluous, since treaties were to be "laws"--which was agreed to nem: contrad:

M^r Gov^r Morris moved to alter 1^{st} part. of 18. clause Sect. 1. art VII so as to read "to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions"--which was agreed to nem: contrad:

On the question then to agree to the 18 clause of Sect. 1. Art: 7. as amended it passed in the affirmative nem: contrad.

M^r C. Pinkney moved to add as an additional power to be vested in the Legislature of the U. S. "To negative all laws passed by the several States interfering in the opinion of the legislature with the general interests and harmony of the Union; provided that two thirds of the members of each House assent to the same." This principle he observed had formerly been agreed to. He considered the precaution as essentially necessary. The objection drawn from the predominance of the large States had been removed by the equality established in the Senate.[41]

[41] "RICHMOND AUG^t 22. 87.

"DEAR SIR,

* * * * *

"I have still some hope that I shall hear from you of y^e reinstatement of y^e negative--as it is certainly y^e only means by which the several Legislatures can be restrained from disturbing y^e order & harmony of y^e whole, & y^e governm^t render'd properly national, & one. I should suppose y^t some of its former opponents must by this time have seen y^e necessity of advocating it, if they wish to support their own principles." (James McClurg to Madison--Mad. MSS.)

M^r Broome 2^{ded} the proposition.

M^r Sherman thought it unnecessary; the laws of the General Government being supreme & paramount to the State laws according to the plan, as it now stands.

M^r Madison proposed that it should be committed. He had been from the beginning a friend to the principle; but thought the modification might be made better.

M^r Mason wished to know how the power was to be exercised. Are all laws whatever to be brought up? Is no road nor bridge to be established without the Sanction of the General Legislature? Is this to sit constantly in order to receive & revise the State Laws?--He did not mean by these remarks to condemn the expedient, but he was apprehensive that great objections would lie ag^{st} it.

M^r Williamson thought it unnecessary, having been already decided, a revival of the question was a waste of time.

M^r Wilson considered this as the key-stone wanted to compleat the wide arch of Government we are raising. The power of self-defence had been urged as necessary for the State Governments. It was equally necessary for the General Government. The firmness of Judges is not of itself sufficient. Something further is requisite. It will be better to prevent the passage of an improper law, than to declare it void when passed.

M^r Rutlidge. If nothing else, this alone would damn and ought to damn the Constitution. Will any State ever agree to be bound hand & foot in this manner. It is worse than making mere corporations of them whose bye laws would not be subject to this shackle.

M^r Elseworth observed that the power contended for w^d require either that all laws of the State Legislatures should previously to their taking effect be transmitted to the Gen^l Legislature, or be repealable by the Latter; or that the State Executives should be appointed by the Gen^l Government, and have a controul over the State laws. If the last was meditated let it be declared.

M^r Pinkney declared that he thought the State Executives ought to be so appointed with such a controul, & that it would be so provided if another Convention should take place.

M^r Govern^r Morris did not see the utility or practicability of the proposition of M^r Pinkney, but wished it to be referred to the consideration of a Committee.

M^r Langdon was in favor of the proposition. He considered it as resolvable into the question whether the extent of the National Constitution was to be judged of by the Gen^l or the State Governments.

On the question for commitment, it passed in the negative.

N. H. ay. Mass^{ts} no. Con^t no. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

M^r Pinkney then withdrew his proposition.

The 1^{st} sect. of Art: VII being so amended as to read "The Legislature shall fulfil the engagements and discharge the debts of the U. S. & shall have the power to lay & collect taxes duties imposts & excises," was agreed to.

M^r Butler expressed his dissatisfaction lest it should compel payment as well to the Blood-suckers who had speculated on the distresses of others, as to those who had fought & bled for their country. He would be ready he said to-morrow to vote for a discrimination between those classes of people, and gave notice that he should move for a reconsideration.

Art IX Sect. 1. being resumed, to wit "The Senate of the U. S. shall have power to make treaties, and to appoint Ambassadors, and Judges of the Supreme Court."

M^r Madison observed that the Senate represented the States alone, and that for this as well as other obvious reasons it was proper that the President should be an agent in Treaties.

M^r Gov^r Morris did not know that he should agree to refer the making of Treaties to the Senate at all, but for the present w^d move to add, as an amendment to the section after "Treaties"--"but no Treaty shall be binding on the U. S. which is not ratified by a law."

M^r Madison suggested the inconvenience of requiring a legal ratification of treaties of alliance for the purposes of war &c &c."

M^r Ghorum. Many other disadvantages must be experienced if treaties of peace & all negotiations are to be previously ratified--and if not previously, the Ministers would be at a loss how to proceed. What would be the case in G. Britain if the King were to proceed in this manner. American Ministers must go abroad not instructed by the same Authority (as will be the case with other Ministers) which is to ratify their proceedings.

M^r Gov^r Morris. As to treaties of alliance, they will oblige foreign powers to send their ministers here the very thing we should wish for. Such treaties could not be otherwise made, if his amendment sh^d succeed. In general he was not solicitious to multiply & facilitate Treaties. He wished none to be made with G. Britain, till she should be at war. Then a good bargain might be made with her. So with other foreign powers. The more difficulty in making treaties, the more value will be set on them.

M^r Wilson. In the most important Treaties, the King of G. Britain being obliged to resort to Parliament for the execution of them, is under the same fetters as the amendment of M^r Morris' will impose on the Senate. It was refused yesterday to permit even the Legislature to lay duties on exports. Under the clause without the amendment, the Senate alone can make a Treaty, requiring all the Rice of S. Carolina to be sent to some one particular port.

M^r Dickinson concurred in the amendment, as most safe and proper, tho' he was sensible it was unfavorable to the little States, w^{ch} would otherwise have an equal share in making Treaties.

Doc^r Johnson thought there was something of solecism in saying that the acts of a minister with plenipotentiary powers from one Body, should depend for ratification on another Body. The Example of the King of G. B. was not parallel. Full & compleat power was vested in him. If the Parliament should fail to provide the necessary means of execution, the Treaty would be violated.

M^r Ghorum in answer to M^r Gov^r Morris, said that negotiations on the spot were not to be desired by us, especially if the whole Legislature is to have any thing to do with Treaties. It will be generally influenced by two or three men, who will be corrupted by the Ambassadors here. In such a Government as ours, it is necessary to guard against the Government itself being seduced.

M^r Randolph observing that almost every Speaker had made objections to the clause as it stood, moved in order to a further consideration of the subject, that the motion of M^r Gov^r Morris should be postponed, and on this question It was lost the States being equally divided.

Mass^{ts} no. Con^t no. N. J. ay. Pen^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

On M^r Gov^r Morris motion

Mass^{ts} no. Con^t no. N. J. no. P^a ay. Del. no. M^d no. V^a no. N. C. div^d. S. C. no. Geo. no.

The several clauses of Sect: 1. Art IX, were then separately postponed after inserting "and other public ministers" next after "ambassadors."

M^r Madison hinted for consideration, whether a distinction might not be made between different sorts of Treaties--allowing the President & Senate to make Treaties eventual and of alliance for limited terms--and requiring the concurrence of the whole Legislature in other Treaties.

The 1^{st} Sect Art IX. was finally referred nem: con: to the committee of Five, and the House then

Adjourned.

FRIDAY AUGUST 24. 1787. IN CONVENTION

Governour Livingston, from the Committee of Eleven, to whom were referred the two remaining clauses of the 4^{th} Sect & the 5 & 6 Sect: of the 7^{th}. Art: delivered in the following Report:

"Strike out so much of the 4^{th} Sect: as was referred to the Committee and insert--'The migration or importation of such persons as the several States now existing shall think proper to admit, shall not be prohibited by the Legislature prior to the year 1800, but a tax or duty may be imposed on such migration or importation at a rate not exceeding the average of the duties laid on imports.'"

"The 5 Sect: to remain as in the Report."

"The 6 Sect, to be stricken out."

M^r Butler, according to notice, moved that clause 1^{st} sect. 1. of art VII, as to the discharge of debts, be reconsidered tomorrow. He dwelt on the division of opinion concerning the domestic debts, and the different pretensions of the different classes of holders. Gen^l Pinkney 2^{ded} him.

M^r Randolph wished for a reconsideration in order to better the expression, and to provide for the case of the State debts as is done by Congress.

On the question for reconsidering

N. H. no. Mass. ay. Con^t ay. N. J. ay. Pen^a absent. Del. ay. M^d no. V^a ay. N. C. absent. S. C. ay. Geo. ay.--and tomorrow assigned for the reconsideration.

Sect: 2 & 3 of art: IX being taken up,

M^r Rutlidge said this provision for deciding controversies between the States was necessary under the Confederation, but will be rendered unnecessary by the National Judiciary now to be established, and moved to strike it out.

Doc^r Johnson 2^{ded} the motion.

M^r Sherman concurred: so did M^r Dayton.

M^r Williamson was for postponing instead of striking out, in order to consider whether this might not be a good provision, in cases where the Judiciary were interested or too closely connected with the parties.

M^r Ghorum had doubts as to striking out. The Judges might be connected with the States being parties--He was inclined to think the mode proposed in the clause would be more satisfactory than to refer such cases to the Judiciary.

On the Question for postponing the 2^d & 3^d Section it passed in the negative.

N. H. ay. Mass^{ts} no. Con^t no. N. J. no. Pen^a abs^t. Del. no. M^d no. V^a no. N. C. ay. S. C. no. Geo. ay.

M^r Wilson urged the striking out, the Judiciary being a better provision.

On Question for striking out 2 & 3 Sections Art: IX

N. H. ay. Mass. ay. C^t ay. N. J. ay. P^a abs^t. Del. ay. M^d ay. V^a ay. N. C. no. S. C. ay. Geo. no.

Art X. Sect. 1. "The Executive power of the U. S. shall be vested in a single person. His stile shall be "The President of the U. S. 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."

On the question for vesting the power in a single person--It was agreed to nem: con: So also on the stile and title.

M^r Rutlidge moved to insert "joint" before the word "ballot," as the most convenient mode of electing.

M^r Sherman objected to it as depriving the States represented in the Senate of the negative intended them in that house.

M^r Ghorum said it was wrong to be considering at every turn whom the Senate would represent. The public good was the true object to be kept in view. Great delay and confusion would ensue if the two Houses sh^d vote separately, each having a negative on the choice of the other.

M^r Dayton. It might be well for those not to consider how the Senate was constituted, whose interest it was to keep it out of sight.--If the amendment should be agreed to, a joint ballot would in fact give the appointment to one House. He could never agree to the clause with such an amendment. There could be no doubt of the two Houses separately concurring in the same person for President. The importance & necessity of the case would ensure a concurrence.

M^r Carrol moved to strike out "by the Legislature" and insert "by the people." M^r Wilson 2^{ded}. him & on the question

N. H. no. Mass^{ts} no. Con^t no. N. J. no. P^a ay. Del. ay. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Brearly was opposed to the motion for inserting the word "joint." The argument that the small States should not put their hands into the pockets of the large ones did not apply in this case.

M^r Wilson urged the reasonableness of giving the larger States a larger share of the appointment, and the danger of delay from a disagreement of the two Houses. He remarked also that the Senate had peculiar powers balancing the advantage given by a joint ballot in this case to the other branch of the Legislature.

M^r Langdon. This general officer ought to be elected by the joint & general voice. In N. Hampshire the mode of separate votes by the two Houses was productive of great difficulties. The negative of the Senate would hurt the feelings of the man elected by the votes of the other branch. He was for inserting "joint" tho' unfavorable to N. Hampshire as a small State.

M^r Wilson remarked that as the President of the Senate was to be the President of the U. S. that Body in cases of vacancy might have an interest in throwing dilatory obstacles in the way, if its separate concurrence should be required.

M^r Madison. If the amendment be agreed to the rule of voting will give to the largest State, compared with the smallest, an influence as 4 to 1 only, altho the population is as 10 to 1. This surely cannot be unreasonable as the President is to act for the people not for the States. The President of the Senate also is to be occasionally President of the U. S. and by his negative alone can make 3/4 of the other branch necessary to the passage of a law. This is another advantage enjoyed by the Senate.

On the question for inserting "joint," it passed in the affirmative.

N. H. ay. Mass^{ts} ay. C^t no. N. J. no. P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. no.

M^r Dayton then moved to insert, after the word "Legislatures" the words "each State having one vote." M^r Brearly 2^{ded} him, and on the question it passed in the negative.

N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. ay.

Fac-Simile. Facing Page (part 6)

M^r Pinkney moved to insert after the word "Legislature" the words "to which election a majority of the votes of the members present shall be required" & on this question, it passed in the affirmative.

N. H. ay. Mass. ay. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Read moved "that in case the numbers for the two highest in votes should be equal, then the President of the Senate shall have an additional casting vote," which was disagreed to by a general negative.

M^r Gov^r Morris opposed the election of the President by the Legislature. He dwelt on the danger of rendering the Executive uninterested in maintaining the rights of his Station, as leading to Legislative tyranny. If the Legislature have the Executive dependent on them, they can perpetuate & support their usurpations by the influence of tax-gatherers & other officers, by fleets armies &c. Cabal & corruption are attached to that mode of election: so also is ineligibility a second time. Hence the Executive is interested in Courting popularity in the Legislature by sacrificing his Executive Rights; & then he can go into that Body, after the expiration of his Executive office, and enjoy there the fruits of his policy. To these considerations he added that rivals would be continually intriguing to oust the President from his place. To guard against all these evils he moved that the President "shall be chosen by Electors to be chosen by the People of the several States." M^r Carrol 2^{ded} him & on the question it passed in the negative N. H. no. Mass. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d no. V^a ay. N. C. no. S. C. no. Geo. no.

M^r Dayton moved to postpone the consideration of the two last clauses of Sect. 1. art X. which was disagreed to without a count of the States.

M^r Broome moved to refer the two clauses to a Committee of a member from each State, & on the question, it failed the States being equally divided.

N. H. no. Mas. no. C^t div^d. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

On the question taken on the first part of M^r Gov^r Morris's motion to wit "shall be chosen by electors" as an abstract question, it failed the States being equally divided,

N. H. no. Mas. abs^t. C^t div^d. N. Jersey ay. P^a ay. Del. ay. M^d div^d. V^a ay. N. C. no. S. C. no. Geo. no.

The consideration of the remaining clauses of Sect. 1. art. X. was then postponed till tomorrow at the instance of the Deputies of New Jersey.

Sect. 2. Art: X being taken up, the word information was transposed & inserted after "Legislature."

On motion of M^r Gov^r Morris, "he may" was struck out, & "and" inserted before "recommend" in the clause 2^d sect 2^d art: X. in order to make it the duty of the President to recommend, & thence prevent umbrage or cavil at his doing it.

M^r Sherman objected to the sentence "and shall appoint officers in all cases not otherwise provided for by this Constitution." He admitted it to be proper that many officers in the Executive Department should be so appointed--but contended that many ought not, as general officers in the army in time of peace &c. Herein lay the corruption in G. Britain. If the Executive can model the army, he may set up an absolute Government; taking advantage of the close of a war and an army commanded by his creatures. James 2^d was not obeyed by his officers because they had been appointed by his predecessors not by himself. He moved to insert "or by law" after the word "Constitution."

On motion of M^r Madison "officers" was struck out and "to offices" inserted, in order to obviate doubts that he might appoint officers without a previous creation of the offices by the Legislature.

On the question for inserting "or by law" as moved by M^r Sherman

N. H. no. Mas. no. C^t ay. N. J. no. Pen^a no. Del. no. M^d no. V^a no. N. C. absent. S. C. no. Geo. no.

M^r Dickinson moved to strike out the words "and shall appoint to offices in all cases not otherwise provided for by this Constitution" and insert--"and shall appoint to all offices established by this Constitution, except in cases herein otherwise provided for, and to all offices which may hereafter be created by law."

M^r Randolph observed that the power of appointments was a formidable one both in the Executive & Legislative hands--and suggested whether the Legislature should not be left at liberty to refer appointments in some cases, to some State authority.

M^r Dickenson's motion, it passed in the affirmative.

N. H. no. Mas. no. C^t ay. N. J. ay. P^a ay. Del. no. M^d ay. V^a ay. N. C. abs^t. S. C. no. Geo. ay.

M^r Dickinson then moved to annex to his last amendment "except where by law the appointment shall be vested in the Legislatures or Executives of the several States." M^r Randolph 2^{ded} the motion.

M^r Wilson. If this be agreed to it will soon be a standing instruction from the State Legislatures to pass no law creating offices, unless the app^{ts} be referred to them.

M^r Sherman objected to "Legislatures" in the motion, which was struck out by consent of the movers.

M^r Gov^r Morris. This would be putting it in the power of the States to say, "You shall be viceroys but we will be viceroys over you"--

The motion was negatived without a Count of the States--

Ordered unanimously that the order respecting the adjournment at 4 OClock be repealed, & that in future the House assemble at 10 OC. & adjourn at 3 OC.

Adjourned.

SATURDAY AUGUST 25. 1787. IN CONVENTION

The 1^{st} clause of 1 Sect. of art: VII being reconsidered

Col. Mason objected to the term "shall"--fullfil the engagements & discharge the debts &c. as too strong. It may be impossible to comply with it. The Creditors should be kept in the same plight. They will in one respect be necessarily and properly in a better. The Government will be more able to pay them. The use of the term shall will beget speculations and increase the pestilent practice of stock-jobbing. There was a great distinction between original creditors & those who purchased fraudulently of the ignorant and distressed. He did not mean to include those who have bought Stock in open market. He was sensible of the difficulty of drawing the line in this case, but he did not wish to preclude the attempt. Even fair purchasers at 4. 5. 6. 8 for 1 did not stand on the same footing with the first Holders, supposing them not to be blameable. The interest they receive even in paper, is equal to their purchase money. What he particularly wished was to leave the door open for buying up the securities, which he thought would be precluded by the term "shall" as requiring nominal payment, & which was not inconsistent with his ideas of public faith. He was afraid also the word "shall," might extend to all the old continental paper.

M^r Langdon wished to do no more than leave the Creditors in statu quo.

M^r Gerry said that for himself he had no interest in the question being not possessed of more of the securities than would, by the interest, pay his taxes. He would observe however that as the public had received the value of the literal amount, they ought to pay that value to some body. The frauds on the soldiers ought to have been foreseen. These poor & ignorant people could not but part with their securities. There are other creditors who will part with any thing rather than be cheated of the capital of their advances. The interest of the States he observed was different on this point, some having more, others less than their proportion of the paper. Hence the idea of a scale for reducing its value had arisen. If the public faith would admit, of which he was not clear, he would not object to a revision of the debt so far as to compel restitution to the ignorant & distressed, who have been defrauded. As to stock-jobbers he saw no reason for the censures thrown on them. They keep up the value of the paper. Without them there would be no market.

M^r Butler said he meant neither to increase nor diminish the security of the Creditors.

M^r Randolph moved to postpone the clause in favor of the following "All debts contracted & engagements entered into, by or under the authority of Cong^s shall be as valid ag^{st} the U. States under this constitution as under the Confederation."

Doc^r Johnson. The debts are debts of the U. S. of the great Body of America. Changing the Government cannot change the obligation of the U. S. which devolves of course on the new Government. Nothing was in his opinion necessary to be said. If any thing, it should be a mere declaration as moved by M^r Randolph.

M^r Gov^r Morris, said he never had become a public Creditor that he might urge with more propriety the compliance with public faith. He had always done so and always would, and preferr'd the term "shall" as the most explicit. As to buying up the debt, the term "shall" was not inconsistent with it, if provision be first made for paying the interest: if not, such an expedient was a mere evasion. He was content to say nothing as the New Government would be bound of course, but would prefer the clause with the term "shall," because it would create many friends to the plan.

On M^r Randolph's Motion

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a no. Del. ay. Mary^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Sherman thought it necessary to connect with the clause for laying taxes duties &c. an express provision for the object of the old debts &c.--and moved to add to the 1^{st} clause of 1^{st} sect. art VII "for the payment of said debts and for the defraying the expences that shall be incurred for the common defence and general welfare."

The proposition, as being unnecessary was disagreed to, Connecticut alone, being in the affirmative.

The Report of the Committee of eleven (see friday the 24^{th} instant) being taken up,

Gen^l Pinkney moved to strike out the words, "the year eighteen hundred" as the year limiting the importation of slaves, and to insert the words "the year eighteen hundred and eight."

M^r Ghorum 2^{ded} the motion.

M^r Madison. Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonourable to the National character than to say nothing about it in the Constitution.

On the motion; which passed in the affirmative,

N. H. ay. Mas. ay. C^t ay. N. J. no. P^a no. Del. no. M^d ay. V^a no. N. C. ay. S. C. ay. Geo. ay.

M^r Gov^r Morris was for making the clause read at once, "the importation of slaves into N. Carolina, S. Carolina & Georgia shall not be prohibited &c." This he said would be most fair and would avoid the ambiguity by which, under the power with regard to naturalization, the liberty reserved to the States might be defeated. He wished it to be known also that this part of the Constitution was a compliance with those States. If the change of language however should be objected to by the members from those States, he should not urge it.

Col. Mason was not against using the term "slaves" but ag^{st} naming N. C. S. C. & Georgia, lest it should give offence to the people of those States.

M^r Sherman liked a description better than the terms proposed, which had been declined by the old Cong^s & were not pleasing to some people. M^r Clymer concurred with M^r Sherman.

M^r Williamson said that both in opinion & practice he was against slavery; but thought it more in favor of humanity, from a view of all circumstances, to let in S. C. & Georgia on those terms, than to exclude them from the Union.

M^r Gov^r Morris withdrew his motion.

M^r Dickenson wished the clause to be confined to the States which had not themselves prohibited the importation of slaves, and for that purpose moved to amend the clause so as to read "The importation of slaves into such of the States as shall permit the same shall not be prohibited by the Legislature of the U. S. until the year 1808"--which was disagreed to nem: con:[42]

[42] In the printed Journals, Con^t Virg^a & Georgia voted in the affirmative.--Madison's Note.

The first part of the report was then agreed to, amended as follows. "The migration or importation of such persons as the several States now existing shall think proper to admit, shall not be prohibited by the Legislature prior to the year 1808."

N. H. Mas. Con. M^d N. C. S. C. Geo: ay. N. J. P^a Del. Virg^a no.

M^r Baldwin in order to restrain & more explicitly define "the average duty" moved to strike out of the 2^d part the words "average of the duties laid on imports" and insert "common impost on articles not enumerated" which was agreed to nem: cont:

M^r Sherman was ag^{st} this 2^d part, as acknowledging men to be property, by taxing them as such under the character of slaves.

M^r King & M^r Langdon considered this as the price of the 1^{st} part.

Gen^l Pinkney admitted that it was so.

Col. Mason. Not to tax, will be equivalent to a bounty on the importation of slaves.

M^r Ghorum thought that M^r Sherman should consider the duty, not as implying that slaves are property, but as a discouragement to the importation of them.

M^r Gov^r Morris remarked that as the clause now stands it implies that the Legislature may tax freemen imported.

M^r Sherman in answer to M^r Ghorum observed that the smallness of the duty shewed revenue to be the object, not the discouragement of the importation.

M^r Madison thought it wrong to admit in the Constitution the idea that there could be property in men. The reason of duties did not hold, as slaves are not like merchandize, consumed, &c.

Col. Mason (in answ^r to Gov^r Morris) the provision as it stands was necessary for the case of convicts in order to prevent the introduction of them.

It was finally agreed nem. contrad: to make the clause read "but a tax or duty may be imposed on such importation not exceeding ten dollars for each person," and then the 2^d part as amended was agreed to.

Sect 5. art. VII was agreed to nem: con: as reported.

Sect. 6. art. VII. in the Report, was postponed.

On motion of M^r Madison 2^{ded} by M^r Gov^r Morris Article VIII was reconsidered and after the words "all treaties made," were inserted nem: con: the words "or which shall be made." This insertion was meant to obviate all doubt concerning the force of treaties preexisting, by making the words "all treaties made" to refer to them, as the words inserted would refer to future treaties.

M^r Carrol and M^r L. Martin expressed their apprehensions, and the probable apprehensions of their constituents, that under the power of regulating trade the General Legislature, might favor the ports of particular States, by requiring vessels destined to or from other States to enter & clear thereat, as vessels belonging or bound to Baltimore, to enter & clear at Norfolk &c. They moved the following proposition

"The Legislature of the U. S. shall not oblige vessels belonging to citizens thereof, or to foreigners, to enter or pay duties or imposts in any other State than in that to which they may be bound, or to clear out in any other than the State in which their cargoes may be laden on board; nor shall any privilege or immunity be granted to any vessel on entering or clearing out, or paying duties or imposts in one State in preference to another."

M^r Ghorum thought such a precaution unnecessary; & that the revenue might be defeated, if vessels could run up long rivers, through the jurisdiction of different States without being required to enter, with the opportunity of landing & selling their cargoes by the way.

M^r M^cHenry & Gen^l Pinkney made the following propositions

"Should it be judged expedient by the Legislature of the U. S. that one or more port for collecting duties or imposts other than those ports of entrance & clearance already established by the respective States, should be established, the Legislature of the U. S. shall signify the same to the Executives of the respective States, ascertaining the number of such ports judged necessary; to be laid by the said Executives before the Legislatures of the States at their next session; and the Legislature of the U. S. shall not have the power of fixing or establishing the particular ports for collecting duties or imposts in any State, except the Legislature of such State shall neglect to fix and establish the same during their first session to be held after such notification by the Legislature of the U. S. to the Executive of such State."

"All duties imposts & excises, prohibitions or restraints laid or made by the Legislature of the U. S. shall be uniform & equal throughout the U. S."

These several propositions were referred nem: con: to a committee composed of a member from each State. The committee appointed by ballot were M^r Langdon, M^r Ghorum, M^r Sherman, M^r Dayton, M^r Fitzimmons, M^r Read, M^r Carrol, M^r Mason, M^r Williamson, M^r Butler, M^r Few.

On the question now taken on M^r Dickinson's motion of yesterday, allowing appointments to offices, to be referred by the Gen^l Legislature to the Executives of the several States as a further amendment to sect. 2. art. X, the votes were

N. H. no. Mas. no. C^t ay. P^a no. Del. no. M^d divided. V^a ay. N. C. no. S. C. no. Geo. ay.

In amendment of the same section, "other public Ministers" were inserted after "ambassadors."

M^r Gov^r Morris moved to strike out of the section--"and may correspond with the supreme Executives of the several States" as unnecessary and implying that he could not correspond with others. M^r Broome 2^{ded} him.

On the question

N. H. ay. Mas. ay. C^t ay. P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

"Shall receive ambassadors & other public Ministers," agreed to, nem. con.

M^r Sherman moved to amend the "power to grant reprieves & pardon" so as to read "to grant reprieves until the ensuing session of the Senate, and pardons with consent of the Senate."

On the question

N. H. no. Mas. no. C^t ay. P^a no. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

"except in cases of impeachment" inserted nem. con: after "pardon."

On the question to agree to--"but his pardon shall not be pleadable in bar"

N. H. ay. Mas. no. C^t no. P^a no. Del. no. M^d ay. V^a no. N. C. ay. S. C. ay. Geo. no.

Adjourned.

MONDAY AUG^{ST} 27^{TH}. 1787. IN CONVENTION

Art X. Sect 2. being resumed,

M^r L. Martin moved to insert the words "after conviction" after the words "reprieves and pardons."

M^r Wilson objected that pardon before conviction might be necessary in order to obtain the testimony of accomplices. He stated the case of forgeries in which this might particularly happen.--M^r L. Martin withdrew his motion.

M^r Sherman moved to amend the clause giving the Executive the command of the Militia, so as to read "and of the Militia of the several States, when called into the actual service of the U. S." and on the Question

N. H. ay. Mas. abs^t. C^t ay. N. J. abs^t. P^a ay. Del. no. M^d ay. V^a ay. N. C. abs^t. S. C. no. Geo. ay.

The clause for removing the President on impeachment by the House of Rep^s and conviction in the supreme Court, of Treason, Bribery or corruption, was postponed nem: con: at the instance of M^r Gov^r Morris, who thought the Tribunal an improper one, particularly, if the first Judge was to be of the privy Council.

M^r Gov^r Morris objected also to the President of the Senate being provisional successor to the President, and suggested a designation of the Chief Justice.

M^r Madison added as a ground of objection that the Senate might retard the appointment of a President in order to carry points whilst the revisionary power was in the President of their own body, but suggested that the Executive powers during a vacancy, be administered by the persons composing the Council to the President.

M^r Williamson suggested that the Legislature ought to have power to provide for occasional successors, & moved that the last clause (of 2 sect. X art:) relating to a provisional successor to the President, be postponed.

M^r Dickinson 2^{ded} the postponement, remarking that it was too vague. What is the extent of the term "disability" and who is to be the judge of it?

The postponement was agreed to nem: con:

Col: Mason & M^r Madison moved to add to the oath to be taken by the supreme Executive "and will to the best of my judgment and power preserve protect and defend the Constitution of the U. S."

M^r Wilson thought the general provision for oaths of office, in a subsequent place, rendered the amendment unnecessary.--

On the question

N. H. ay. Mas. abs^t. C^t ay. P^a ay. Del. no. M^d ay. V^a ay. N. C. abs^t. S. C. ay. Geo. ay.

Art: XI. being taken up.

Doc^r Johnson suggested that the judicial power ought to extend to equity as well as law--and moved to insert the words, "both in law and equity" after the words "U. S." in the 1^{st} line of sect 1.

M^r Read objected to vesting these powers in the same Court.

On the question

N. H. ay. Mas. absent. C^t ay. N. J. abs^t. P. ay. Del. no. M^d no. Virg^a ay. N. C. abs^t. S. C. ay. Geo. ay.

On the question to agree to Sect. 1. art. XI. as amended

N. H. ay. Mas. abs^t. C^t ay. P^a ay. N. J. abs^t. Del. no. M^d no. V^a ay. N. C. abs^t. S. C. ay. Geo. ay.

M^r Dickinson moved as an amendment to sect. 2. art XI after the words "good behavior" the words "provided that they may be removed by the Executive on the application by the Senate and House of Representatives."

M^r Gerry 2^{ded} the motion.

M^r Gov^r Morris thought it a contradiction in terms to say that the Judges should hold their offices during good behavior, and yet be removeable without a trial. Besides it was fundamentally wrong to subject Judges to so arbitrary an authority.

M^r Sherman saw no contradiction or impropriety if this were made a part of the Constitutional regulation of the Judiciary establishment. He observed that a like provision was contained in the British Statutes.

M^r Rutlidge. If the Supreme Court is to judge between the U. S. and particular States, this alone is an insuperable objection to the motion.

M^r Wilson considered such a provision in the British Government as less dangerous than here, the House of Lords & House of Commons being less likely to concur on the same occasions. Chief Justice Holt, he remarked, had successively offended by his independent conduct, both houses of Parliament. Had this happened at the same time, he would have been ousted. The Judges would be in a bad situation if made to depend on any gust of faction which might prevail in the two branches of our Gov^t.

M^r Randolph opposed the motion as weakening too much the independence of the Judges.

M^r Dickinson was not apprehensive that the Legislature composed of different branches constructed on such different principles, would improperly unite for the purpose of displacing a Judge.

On the question for agreeing to M^r Dickinson's Motion

N. H. no. Mas. abs^t. C^t ay. N. J. abs^t. P^a no. Del. no. M^d no. V^a no. N. C. abs^t. S. C. no. Geo. no.

M^r Madison and M^r M^cHenry moved to reinstate the words "increased or" before the word "diminished" in 2^d sect, art. XI.

M^r Gov^r Morris opposed it for reasons urged by him on a former occasion--

Col: Mason contended strenuously for the motion. There was no weight he said in the argument drawn from changes in the value of the metals, because this might be provided for by an increase of salaries so made as not to affect persons in office, and this was the only argument on which much stress seemed to have been laid.

Gen^l Pinkney. The importance of the Judiciary will require men of the first talents: large salaries will therefore be necessary, larger than the U. S. can allow in the first instance. He was not satisfied with the expedient mentioned by Col: Mason. He did not think it would have a good effect or a good appearance, for new Judges to come in with higher salaries than the old ones.

M^r Gov^r Morris said the expedient might be evaded & therefore amounted to nothing. Judges might resign, & then be re-appointed to increased salaries.

On the question

N. H. no. C^t no. P^a no. Del. no. M^d div^d. V^a ay. S. C. no. Geo. abs^t also Mas^{ts}. & N. J. & N. C.

M^r Randolph & M^r Madison then moved to add the following words to art. XI sect. 2. "nor increased by any Act of the Legislature which shall operate before the expiration of three years after the passing thereof."

On the question

N. H. no. C^t no. P^a no. Del. no. M^d ay. V^a ay. S. C. no. Geo. abs^t also Mas. N. J. & N. C.

Sect. 3. art. XI. being taken up, the following clause was postponed viz, "to the trial of impeachments of officers of the U. S." by which the jurisdiction of the supreme Court was extended to such cases.

M^r Madison & M^r Gov^r Morris moved to insert after the word "controversies" the words "to which the U. S. shall be a party," which was agreed to nem: con:

Doc^r Johnson moved to insert the words "this Constitution and the" before the word "laws."

M^r Madison doubted whether it was not going too far to extend the jurisdiction of the Court generally to cases arising under the Constitution & whether it ought not to be limited to cases of a Judiciary Nature. The right of expounding the Constitution in cases not of this nature ought not to be given to that Department.

The motion of Doc^r Johnson was agreed to nem: con: it being generally supposed that the jurisdiction given was constructively limited to cases of a Judiciary nature.

On motion of M^r Rutlidge the words "passed by the Legislature" were struck out, and after the words "U. S." were inserted nem. con: the words "and treaties made or which shall be made under their authority" conformably to a preceding amendment in another place.

The clause "in cases of impeachment," was postponed.

M^r Gov^r Morris wished to know what was meant by the words "In all the cases before-mentioned it (jurisdiction) shall be appellate with such exceptions &c.," whether it extended to matters of fact as well as law--and to cases of common law as well as civil law.

M^r Wilson. The Committee he believed meant facts as well as law & Common as well as Civil law. The jurisdiction of the federal Court of Appeals had he said been so construed.

M^r Dickinson moved to add after the word "appellate" the words "both as to law & fact" which was agreed to nem: con:

M^r Madison & M^r Gov^r Morris moved to strike out the beginning of the 3^d sect. "The jurisdiction of the supreme Court" & to insert the words "the Judicial power" which was agreed to nem: con:

The following motion was disagreed to, to wit to insert "In all the other cases beforementioned the Judicial power shall be exercised in such manner as the Legislature shall direct" Del. Virg^a ay. N. H. Con. P. M. S. C. G. no.

On a question for striking out the last sentence of the sect. 3. "The Legislature may assign &c."

N. H. ay. C^t ay. P^a ay. Del. ay. M^d ay. V^a ay. S. C. ay. Geo. ay.

M^r Sherman moved to insert after the words "between Citizens of different States" the words, "between Citizens of the same State claiming lands under grants of different States"--according to the provision in the 9th Art: of the Confederation--which was agreed to nem: con:

Adjourned.

TUESDAY AUGUST 28 1787. IN CONVENTION

M^r Sherman from the Committee to whom were referred several propositions on the 25^{th} instant, made the following report:--

That there be inserted after the 4 clause of 7^{th}. section

"Nor shall any regulation of commerce or revenue give preference to the ports of one State over those of another, or oblige vessels bound to or from any State to enter clear or pay duties in another and all tonnage, duties, imposts & excises laid by the Legislature shall be uniform throughout the U. S."

Art XI Sect. 3, It was moved to strike out the words "it shall be appellate" to insert the words "the supreme Court shall have appellate jurisdiction,"--in order to prevent uncertainty whether "it" referred to the supreme Court, or to the Judicial power.

On the question

N. H. ay. Mas. ay. C^t ay. N. J. abs^t. P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Sect. 4. was so amended nem. con: as to read "The trial of all crimes (except in cases of impeachment) shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, then the trial shall be at such place or places as the Legislature may direct." The object of this amendment was to provide for trial by jury of offences committed out of any State.

M^r Pinkney urged the propriety of securing the benefit of the Habeas corpus in the most ample manner, moved "that it should not be suspended but on the most urgent occasions, & then only for a limited time not exceeding twelve months."

M^r Rutlidge was for declaring the Habeas Corpus inviolable. He did not conceive that a suspension could ever be necessary at the same time through all the States.

M^r Gov^r Morris moved that "The privilege of the writ of Habeas Corpus shall not be suspended; unless where in cases of Rebellion or invasion the public safety may require it."

M^r Wilson doubted whether in any case a suspension could be necessary, as the discretion now exists with Judges, in most important cases to keep in Gaol or admit to Bail.

The first part of M^r Gov^r Morris' motion, to the word "unless" was agreed to nem: con:--on the remaining part;

N. H. ay. Mas. ay. C^t ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

Sec. 5. of art: XI. was agreed to nem: con.[43]

[43] The vote on this section as stated in the printed Journal is not unanimous: the statement here is probably the right one.--Madison's Note.

Art: XII being taken up.

M^r Wilson & M^r Sherman moved to insert after the words "coin money" the words "nor emit bills of credit, nor make any thing but gold & silver coin a tender in payment of debts" making these prohibitions absolute, instead of making the measures allowable (as in the XIII art:) with the consent of the Legislature of the U. S.

M^r Ghorum thought the purpose would be as well secured by the provisions of art: XIII which makes the consent of the Gen^l Legislature necessary, and that in that mode no opposition would be excited; whereas an absolute prohibition of paper money would rouse the most desperate opposition from its partizans.

M^r Sherman thought this a favorable crisis for crushing paper money. If the consent of the Legislature could authorize emissions of it, the friends of paper money would make every exertion to get into the Legislature in order to license it.

The question being divided; on the 1^{st} part--"nor emit bills of credit" N. H. ay. Mas. ay. C^t ay. P^a ay. Del. ay. M^d div^d. V^a no. N. C. ay. S. C. ay. Geo. ay.

The remaining part of M^r Wilson's & Sherman's motion was agreed to nem: con:

M^r King moved to add, in the words used in the Ordinance of Cong^r establishing new States, a prohibition on the States to interfere in private contracts.

M^r Gov^r Morris. This would be going too far. There are a thousand laws, relating to bringing actions--limitations, of actions & which affect contracts. The Judicial power of the U. S. will be a protection in cases within their jurisdiction; and within the State itself a majority must rule, whatever may be the mischief done among themselves.

M^r Sherman. Why then prohibit bills of credit?

M^r Wilson was in favor of M^r King's motion.

M^r Madison admitted that inconveniences might arise from such a prohibition but thought on the whole it would be overbalanced by the utility of it. He conceived however that a negative on the State laws could alone secure the effect. Evasions might and would be devised by the ingenuity of the Legislatures.

Col: Mason. This is carrying the restraint too far. Cases will happen that cannot be foreseen, where some kind of interference will be proper & essential. He mentioned the case of limiting the period for bringing actions on open account--that of bonds after a certain lapse of time--asking whether it was proper to tie the hands of the States from making provision in such cases?

M^r Wilson. The answer to these objections is that retrospective interferences only are to be prohibited.

M^r Madison. Is not that already done by the prohibition of ex post facto laws, which will oblige the Judges to declare such interferences null & void.

M^r Rutlidge moved instead of M^r King's Motion to insert--"nor pass bills of attainder nor retrospective[44] laws" on which motion

N. H. ay. C^t no. N. J. ay. P^a ay. Del. ay. M^d no. Virg^a no. N. C. ay. S. C. ay. Geo. ay.

[44] In the printed Journal--ex post facto.--Madison's Note.

M^r Madison moved to insert after the word "reprisal" (art. XII) the words "nor lay embargoes." He urged that such acts by the States would be unnecessary--impolitic--and unjust.

M^r Sherman thought the States ought to retain this power in order to prevent suffering & injury to their poor.

Col: Mason thought the amendment would be not only improper but dangerous, as the Gen^l Legislature would not sit constantly and therefore could not interpose at the necessary moments. He enforced his objection by appealing to the necessity of sudden embargoes during the war, to prevent exports, particularly in the case of a blockade.

M^r Gov^r Morris considered the provision as unnecessary; the power of regulating trade between State & State already vested in the Gen^l Legislature, being sufficient.

On the question

N. H. no. Mas. ay. C^t no. N. J. no. P^a no. Del. ay. M^d no. V^a no. N. C. no. S. C. ay. Geo. no.

M^r Madison moved that the words "nor lay imposts or duties on imports" be transferred from art: XIII where the consent of the Gen^l Legislature may license the act--into art: XII which will make the prohibition of the States absolute. He observed that as the States interested in this power by which they could tax the imports of their neighbors passing thro' their markets, were a majority, they could give the consent of the Legislature, to the injury of N. Jersey, N. Carolina &c.

M^r Williamson 2^{ded} the motion.

M^r Sherman thought the power might safely be left to the Legislature of the U. States.

Col: Mason observed that particular States might wish to encourage by impost duties certain manufactures for which they enjoyed natural advantages, as Virginia, the manufacture of Hemp &c.

M^r Madison. The encouragement of Manufactures in that mode requires duties not only on imports directly from foreign Countries, but from the other States in the Union, which would revive all the mischiefs experienced from the want of a Gen^l Government over commerce.[45]

[45] August 28, 1787, New York, Hamilton wrote to King: "I wrote to you some days since [August 20] to request you to inform me when there was a prospect of your finishing, as I intended to be with you, for certain reasons, before the conclusion.

"It is whispered here that some late changes in your scheme have taken place which give it a higher tone. Is this the case?"--King's Life and Correspondence of Rufus King, I, 258.

On the question

N. H. ay. Mas. no. C^t no. N. J. ay. P^a no. Del^a ay. M^d no. V^a no. N. C. ay. S. C. no. Geo. no.

Art: XII as amended agreed to nem: con:

Art: XIII being taken up. M^r King moved to insert after the word "imports" the words "or exports," so as to prohibit the States from taxing either, & on this question it passed in the affirmative.

N. H. ay. Mas. ay. C^t no. N. J. ay. P. ay. Del. ay. M^d no. V^a no. N. C. ay. S. C. no. Geo. no.

M^r Sherman moved to add after the word "exports"--the words "nor with such consent but for the use of the U. S."--so as to carry the proceeds of all State duties on imports & exports, into the common Treasury.

M^r Madison liked the motion as preventing all State imposts--but lamented the complexity we were giving to the commercial system.

M^r Gov^r Morris thought the regulation necessary to prevent the Atlantic States from endeavoring to tax the Western States--& promote their interest by opposing the navigation of the Mississippi which would drive the Western people into the arms of G. Britain.

M^r Clymer thought the encouragement of the Western Country was suicide on the old States. If the States have such different interests that they cannot be left to regulate their own manufactures without encountering the interests of other States, it is a proof that they are not fit to compose one nation.

M^r King was afraid that the regulation moved by M^r Sherman would too much interfere with the policy of States respecting their manufactures, which may be necessary. Revenue he reminded the House was the object of the general Legislature.

On M^r Sherman's motion

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art XIII was then agreed to as amended.

Art. XIV was taken up.

Gen^l Pinkney was not satisfied with it. He seemed to wish some provision should be included in favor of property in slaves.

On the question on Art: XIV.

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. divided.

Art: XV. being taken up, the words "high misdemesnor," were struck out, and "other crime" inserted, in order to comprehend all proper cases; it being doubtful whether "high misdemeanor" had not a technical meaning too limited.

M^r Butler and M^r Pinkney moved "to require fugitive slaves and servants to be delivered up like criminals."

M^r Wilson. This would oblige the Executive of the State to do it at the public expence.

M^r Sherman saw no more propriety in the public seizing and surrendering a slave or servant, than a horse.

M^r Butler withdrew his proposition in order that some particular provision might be made apart from this article.

Art XV as amended was then agreed to nem: con:

Adjourned.

WEDNESDAY AUGUST 29^{TH}. 1787. IN CONVENTION

Art: XVI. taken up.

M^r Williamson moved to substitute in place of it, the words of the Articles of Confederation on the same subject. He did not understand precisely the meaning of the article.

M^r Wilson and Doc^r Johnson supposed the meaning to be that Judgments in one State should be the ground of actions in other States, & that acts of the Legislatures should be included, for the sake of Acts of insolvency &c.

M^r Pinkney moved to commit Art XVI with the following proposition "To establish uniform laws upon the subject of bankruptcies, and respecting the damages arising on the protest of foreign bills of exchange."

M^r Ghorum was for agreeing to the article, and committing the proposition.

M^r Madison was for committing both. He wished the Legislature might be authorized to provide for the execution of Judgments in other States, under such regulations as might be expedient. He thought that this might be safely done, and was justified by the nature of the Union.

M^r Randolph said there was no instance of one nation executing judgments of the Courts of another nation. He moved the following proposition:

Executive or Judiciary shall be attested & exemplified under the seal thereof, such attestation and exemplification, shall be deemed in other States as full proof of the existence of that act--and its operation shall be binding in every other State, in all cases to which it may relate, and which are within the cognizance and jurisdiction of the State, wherein the said act was done."

On the question for committing Art: XVI with M^r Pinkney's motion

N. H. no. Mas. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. P^a ay. N. C. ay. S. C. ay. Geo. ay.

The motion of M^r Randolph was also committed nem: con:

M^r Gov^r Morris moved to commit also the following proposition on the same subject.

"Full faith ought to be given in each State to the public acts, records, and judicial proceedings of every other State; and the Legislature shall by general laws, determine the proof and effect of such acts, records, and proceedings" and it was committed nem. contrad:

The Committee appointed for these references, were M^r Rutlidge, M^r Randolph, M^r Gorham, M^r Wilson, & M^r Johnson.

M^r Dickenson mentioned to the House that on examining Blackstone's Commentaries, he found that the term "ex post facto" related to criminal cases only; that they would not consequently restrain the States from retrospective laws in civil cases, and that some further provision for this purpose would be requisite.

Art: VII Sect. 6 by y^e Co[~m]ittee of eleven reported to be struck out (see the 24 instant) being now taken up.

M^r Pinkney moved to postpone the Report in favor of the following proposition--"That no act of the Legislature for the purpose of regulating the commerce of the U. S. with foreign powers among the several States, shall be passed without the assent of two thirds of the members of each House." He remarked that there were five distinct commercial interests. 1. the fisheries & W. India trade, which belonged to the N. England States. 2. the interest of N. York lay in a free trade. 3. Wheat & flour the Staples of the two middle States (N. J. & Penn^a). 4. Tob^o the staple of Maryl^d & Virginia & partly of N. Carolina. 5. Rice & Indigo, the staples of S. Carolina & Georgia. These different interests would be a source of oppressive regulations if no check to a bare majority should be provided. States pursue their interests with less scruple than individuals. The power of regulating commerce was a pure concession on the part of the S. States. They did not need the protection of the N. States at present.

M^r Martin 2^{ded} the motion.

Gen^l Pinkney said it was the true interest of the S. States to have no regulation of commerce; but considering the loss brought on the commerce of the Eastern States by the revolution, their liberal conduct towards the views[46] of South Carolina, and the interest the weak South^n States had in being united with the strong Eastern States, he thought it proper that no fetters should be imposed on the power of making commercial regulations, and that his constituents though prejudiced against the Eastern States, would be reconciled to this liberality. He had himself, he said, prejudices ag^{st} the Eastern States before he came here, but would acknowledge that he had found them as liberal and candid as any men whatever.

[46] He meant the permission to import slaves. An understanding on the two subjects of navigation and slavery, had taken place between those parts of the Union, which explains the vote on the motion depending, as well as the language of Gen^l Pinkney & others.--Madison's Note.

M^r Clymer. The diversity of commercial interests of necessity creates difficulties, which ought not to be increased by unnecessary restrictions. The Northern & middle States will be ruined, if not enabled to defend themselves against foreign regulations.

M^r Sherman, alluding to M^r Pinkney's enumeration of particular interests, as requiring a security ag^{st} abuse of the power; observed that the diversity was of itself a security, adding that to require more than a majority to decide a question was always embarrassing as had been experienced in cases requiring the votes of nine States in Congress.

M^r Pinkney replied that his enumeration meant the five minute interests. It still left the two great divisions of Northern & Southern interests.

M^r Gov^r Morris, opposed the object of the motion as highly injurious. Preferences to american ships will multiply them, till they can carry the Southern produce cheaper than it is now carried.--A navy was essential to security, particularly of the S. States, and can only be had by a navigation act encouraging american bottoms & seamen. In those points of view then alone, it is the interest of the S. States that navigation acts should be facilitated. Shipping he said was the worst & most precarious kind of property, and stood in need of public patronage.

M^r Williamson was in favor of making two thirds instead of a majority requisite, as more satisfactory to the Southern people. No useful measure he believed had been lost in Congress for want of nine votes. As to the weakness of the Southern States, he was not alarmed on that account. The sickliness of their climate for invaders would prevent their being made an object. He acknowledged that he did not think the motion requiring 2/3 necessary in itself, because if a majority of the Northern States should push their regulations too far the S. States would build ships for themselves: but he knew the Southern people were apprehensive on this subject and would be pleased with the precaution.

M^r Spaight was against the motion. The Southern States could at any time save themselves from oppression, by building ships for their own use.

M^r Butler differed from those who considered the rejection of the motion as no concession on the part of the S. States. He considered the interest of these and of the Eastern States, to be as different as the interests of Russia and Turkey. Being notwithstanding desirous of conciliating the affections of the East: States, he should vote ag^{st} requiring 2/3 instead of a majority.

Col: Mason. If the Gov^t is to be lasting, it must be founded in the confidence & affections of the people, and must be so constructed as to obtain these. The Majority will be governed by their interests. The Southern States are the minority in both Houses. Is it to be expected that they will deliver themselves bound hand & foot to the Eastern States, and enable them to exclaim, in the words of Cromwell on a certain occasion--"the lord hath delivered them into our hands."

M^r Wilson took notice of the several objections and remarked that if every peculiar interest was to be secured, unanimity ought to be required. The majority he said would be no more governed by interest than the minority. It was surely better to let the latter be bound hand and foot than the former. Great inconveniences had, he contended, been experienced in Congress from the article of confederation requiring nine votes in certain cases.

M^r Madison went into a pretty full view of the subject. He observed that the disadvantage to the S. States from a navigation act, lay chiefly in a temporary rise of freight, attended however with an increase of South^n as well as Northern Shipping--with the emigration of Northern Seamen & merchants to the Southern States--& with a removal of the existing & injurious retaliations among the States on each other. The power of foreign nations to obstruct our retaliating measures on them by a corrupt influence would also be less if a majority sh^d be made competent than if 2/3 of each House sh^d be required to legislative acts in this case. An abuse of the power would be qualified with all these good effects. But he thought an abuse was rendered improbable by the provision of 2 branches--by the independence of the Senate, by the negative of the Executive, by the interest of Connecticut & N. Jersey which were agricultural, not commercial States; by the interior interest which was also agricultural in the most commercial States, by the accession of Western States which w^d be altogether agricultural. He added that the Southern States would derive an essential advantage in the general security afforded by the increase of our maritime strength. He stated the vulnerable situation of them all, and of Virginia in particular. The increase of the coasting trade, and of seamen, would also be favorable to the S. States, by increasing, the consumption of their produce. If the wealth of the Eastern should in a still greater proportion be augmented, that wealth w^d contribute the more to the public wants, and be otherwise a national benefit.

M^r Rutlidge was ag^{st} the motion of his colleague. It did not follow from a grant of the power to regulate trade, that it would be abused. At the worst a navigation act could bear hard a little while only on the S. States. As we are laying the foundation for a great empire, we ought to take a permanent view of the subject and not look at the present moment only. He reminded the House of the necessity of securing the West India trade to this country. That was the great object, and a navigation act was necessary for obtaining it.

M^r Randolph said that there were features so odious in the constitution as it now stands, that he doubted whether he should be able to agree to it. A rejection of the motion would compleat the deformity of the system. He took notice of the argument in favor of giving the power over trade to a majority, drawn from the opportunity foreign powers would have of obstructing retaliatory measures if two thirds were made requisite. He did not think there was weight in that consideration. The difference between a majority & two thirds did not afford room for such an opportunity. Foreign influence would also be more likely to be exerted on the President who could require three fourths by his negative. He did not mean however to enter into the merits. What he had in view was merely to pave the way for a declaration which he might be hereafter obliged to make if an accumulation of obnoxious ingredients should take place, that he could not give his assent to the plan.

M^r Gorham. If the Government is to be so fettered as to be unable to relieve the Eastern States what motive can they have to join in it, and thereby tie their own hands from measures which they could otherwise take for themselves. The Eastern States were not led to strengthen the Union by fear for their own safety. He deprecated the consequences of disunion, but if it should take place it was the Southern part of the Continent that had most reason to dread them. He urged the improbability of a combination against the interest of the Southern States, the different situations of the Northern & Middle States being a security against it. It was moreover certain that foreign ships would never be altogether excluded especially those of Nations in treaty with us.

On the question to postpone in order to take up M^r Pinkney's motion

N. H. no. Mass. no. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. ay.

The Report of the Committee for striking out Sect. 6. requiring two thirds of each House to pass a navigation act was then agreed to, nem: con:

M^r Butler moved to insert after Art: XV. "If any person bound to service or labor in any of the U. States shall escape into another State, he or she shall not be discharged from such service or labor, in consequence of any regulations subsisting in the State to which they escape, but shall be delivered up to the person justly claiming their service or labor," which was agreed to nem: con:

Art: XVII being taken up, M^r Gov^r Morris moved to strike out the two last sentences, to wit "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."--He did not wish to bind down the Legislature to admit Western States on the terms here stated.

M^r Madison opposed the motion, insisting that the Western States neither would nor ought to submit to a union which degraded them from an equal rank with the other States.

Col: Mason. If it were possible by just means to prevent emigrations to the Western Country, it might be good policy. But go the people will as they find it for their interest, and the best policy is to treat them with that equality which will make them friends not enemies.

M^r Gov^r Morris did not mean to discourage the growth of the Western Country. He knew that to be impossible. He did not wish however to throw the power into their hands.

M^r Sherman, was ag^{st} the motion & for fixing an equality of privileges by the Constitution.

M^r Langdon was in favor of the motion, he did not know but circumstances might arise which would render it inconvenient to admit new States on terms of equality.

M^r Williamson was for leaving the Legislature free. The existing small States enjoy an equality now, and for that reason are admitted to it in the Senate. This reason is not applicable to new Western States.

On M^r Gov^r Morris's motion for striking out.

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d no. V^a no. N. C. ay. S. C. ay. Geo. ay.

M^r L. Martin & M^r Gov^r Morris moved to strike out of art XVII, "but to such admission the consent of two thirds of the members present shall be necessary." Before any question was taken on this motion,

M^r Gov^r Morris moved the following proposition as a substitute for the XVII Art:

"New States may be admitted by the Legislature into this Union; but no new State shall be erected within the limits of any of the present States, without the consent of the Legislature of such State, as well as of the Gen^l Legislature."

The first part to Union inclusive was agreed to nem: con:

M^r L. Martin opposed the latter part. Nothing he said would so alarm the limited States as to make the consent of the large States claiming the Western lands, necessary to the establishment of new States within their limits. It is proposed to guarantee the States. Shall Vermont be reduced by force in favor of the States claiming it? Frankland & the Western county of Virginia were in a like situation.

On M^r Gov^r Morris's motion to substitute &c. it was agreed to.

N. H. no. Mass. ay. C^t no. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art: XVII--before the House, as amended.

M^r Sherman was against it. He thought it unnecessary. The Union cannot dismember a State without its consent.

M^r Langdon thought there was great weight in the argument of M^r Luther Martin, and that the proposition substituted by M^r Gov^r Morris would excite a dangerous opposition to the plan.

M^r Gov^r Morris thought on the contrary that the small States would be pleased with the regulation, as it holds up the idea of dismembering the large States.

M^r Butler. If new States were to be erected without the consent of the dismembered States, nothing but confusion would ensue. Whenever taxes should press on the people, demagogues would set up their schemes of new States.

Doc^r Johnson agreed in general with the ideas of M^r Sherman, but was afraid that as the clause stood, Vermont would be subjected to N. York, contrary to the faith pledged by Congress. He was of opinion that Vermont ought to be compelled to come into the Union.

M^r Langdon said his objections were connected with the case of Vermont. If they are not taken in, & remain exempt from taxes, it would prove of great injury to N. Hampshire and the other neighbouring States.

M^r Dickinson hoped the article would not be agreed to. He dwelt on the impropriety of requiring the small States to secure the large ones in their extensive claims of territory.

M^r Wilson. When the majority of a State wish to divide they can do so. The aim of those in opposition to the article, he perceived was that the Gen^l Government should abet the minority, & by that means divide a State against its own consent.

M^r Gov^r Morris. If the forced division of the States is the object of the new system, and is to be pointed ag^{st} one or two States, he expected the Gentlemen from these would pretty quickly leave us.

Adjourned.

THURSDAY AUGUST 30TH 1787. IN CONVENTION

Art XVII resumed for a question on it as amended by M^r Gov^r Morris's substitutes.

M^r Carrol moved to strike out so much of the article as requires the consent of the State to its being divided. He was aware that the object of this prerequisite might be to prevent domestic disturbances; but such was our situation with regard to the Crown lands, and the sentiments of Maryland on that subject, that he perceived we should again be at sea, if no guard was provided for the right of the U. States to the back lands. He suggested that it might be proper to provide that nothing in the Constitution should affect the Right of the U. S. to lands ceded by G. Britain in the Treaty of peace, and proposed a committment to a member from each State. He assured the House that this was a point of a most serious nature. It was desirable above all things that the act of the Convention might be agreed to unanimously. But should this point be disregarded, he believed that all risks would be run by a considerable minority, sooner than give their concurrence.

M^r L. Martin 2^{ded} the motion for a commitment.

M^r Rutlidge. Is it to be supposed that the States are to be cut up without their own consent. The case of Vermont will probably be particularly provided for. There could be no room to fear, that Virginia or N. Carolina would call on the U. States to maintain their Government over the Mountains.

M^r Williamson said that N. Carolina was well disposed to give up her western lands, but attempts at compulsion was not the policy of the U. S. He was for doing nothing in the constitution in the present case, and for leaving the whole matter in Statu quo.

M^r Wilson was against the commitment. Unanimity was of great importance, but not to be purchased by the majority's yielding to the minority. He should have no objection to leaving the case of the new States as heretofore. He knew nothing that would give greater or juster alarm than the doctrine, that a political society is to be torn assunder without its own consent.

On M^r Carrol's motion for commitment

N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman moved to postpone the substitute for Art: XVII agreed to yesterday in order to take up the following amendment

The Legislature shall have power to admit other States into the Union, and new States to be formed by the division or junction of States now in the Union, with the consent of the Legislature of such States." (The first part was meant for the case of Vermont to secure its admission.)

On the question, it passed in the negative.

N. H. ay. Mas. ay. C^t ay. N. J. no. P^a ay. Del. no. M^d no. V^a no. N. C. no. S. C. ay. Geo. no.

Doc^r Johnson moved to insert the words "hereafter formed or" after the words "shall be" in the substitute for Art: XVII (the more clearly to save Vermont as being already formed into a State, from a dependence on the consent of N. York for her admission.) The motion was agreed to Del. & M^d only dissenting.

M^r Gov^r Morris moved to strike out the word "limits" in the substitute, and insert the word "jurisdiction". (This also was meant to guard the case of Vermont, the jurisdiction of N. York not extending over Vermont which was in the exercise of sovereignty, tho' Vermont was within the asserted limits of New York.)

On this question

N. H. ay. Mas. ay. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

M^r L. Martin urged the unreasonableness of forcing & guaranteeing the people of Virginia beyond the Mountains, the Western people of N. Carolina & of Georgia, & the people of Maine, to continue under the States now governing them, without the consent of those States to their separation. Even if they should become the majority, the majority of Counties, as in Virginia may still hold fast the dominion over them. Again the majority may place the seat of Government entirely among themselves & for their own conveniency, and still keep the injured parts of the States in subjection, under the guarantee of the Gen^l Government ag^{st} domestic violence. He wished M^r Wilson had thought a little sooner of the value of political bodies. In the beginning, when the rights of the small States were in question, they were phantoms, ideal beings. Now when the Great States were to be affected, political societies were of a sacred nature. He repeated and enlarged on the unreasonableness of requiring the small States to guarantee the Western claims of the large ones.--It was said yesterday by M^r Gov^r Morris, that if the large States were to be split to pieces without their consent, their representatives here would take their leave. If the Small States are to be required to guarantee them in this manner, it will be found that the Representatives of other States will with equal firmness take their leave of the Constitution on the table.

It was moved by M^r L. Martin to postpone the substituted article, in order to take up the following.

"The Legislature of the U. S. shall have power to erect New States within as well as without the territory claimed by the several States or either of them, and admit the same into the Union: provided that nothing in this Constitution shall be construed to affect the claim of the U. S. to vacant lands ceded to them by the late treaty of peace, which passed in the negative: N. J. Del. & M^d only ay.

On the question to agree to M^r Gov^r Morris's substituted article as amended in the words following.

"New States may be admitted by the Legislature into the Union: but no new State shall be hereafter formed or erected within the jurisdiction of any of the present States without the consent of the Legislature of such State as well as of the General Legislature"

N. H. ay. Mas. ay. C^t ay. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Dickinson moved to add the following clause to the last--

"Nor shall any State be formed by the junction of two or more States or parts thereof, without the consent of the Legislature of such States, as well as of the Legislature of the U. States," which was agreed to without a count of the votes.

M^r Carrol moved to add--"Provided nevertheless that nothing in this Constitution shall be construed to affect the claim of the U. S. to vacant lands ceded to them by the Treaty of peace." This he said might be understood as relating to lands not claimed by any particular States, but he had in view also some of the claims of particular States.

M^r Wilson was ag^{st} the motion. There was nothing in the Constitution affecting one way or the other the claims of the U. S. & it was best to insert nothing, leaving every thing on that litigated subject in statu quo.

M^r Madison considered the claim of the U. S. as in fact favored by the jurisdiction of the Judicial power of the U. S. over controversies to which they should be parties. He thought it best on the whole to be silent on the subject. He did not view the proviso of Mr. Carrol as dangerous; but to make it neutral & fair, it ought to go further & declare that the claims of particular States also should not be affected.

M^r Sherman thought the proviso harmless, especially with the addition suggested by M^r Madison in favor of the claims of particular States.

M^r Baldwin did not wish any undue advantage to be given to Georgia. He thought the proviso proper with the addition proposed. It should be remembered that if Georgia has gained much by the cession in the Treaty of peace, she was in danger during the war of a Uti possidetis.

M^r Rutlidge thought it wrong to insert a proviso where there was nothing which it could restrain, or on which it could operate.

M^r Carrol withdrew his motion and moved the following.

"Nothing in this Constitution shall be construed to alter the claims of the U. S. or of the individual States to the Western territory, but all such claims shall be examined into & decided upon, by the Supreme Court of the U. States."

M^r Gov^r Morris moved to postpone this in order to take up the following.

"The Legislature shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the U. States; and nothing in this constitution contained, shall be so construed as to prejudice any claims either of the U. S. or of any particular State."--The postponem^t ag^d to nem. con.

M^r L. Martin moved to amend the proposition of M^r Gov^r Morris by adding--"But all such claims may be examined into & decided upon by the supreme Court of the U. States."

M^r Gov^r Morris. this is unnecessary, as all suits to which the U. S. are parties, are already to be decided by the Supreme Court.

M^r L. Martin. it is proper in order to remove all doubts on this point.

Question on M^r L. Martin's amendatory motion

N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. no. M^d ay. V^a no.--States not farther called the negatives being sufficient & the point given up.

The Motion of M^r Gov^r Morris was then agreed to, M^d alone dissenting.

Art: XVIII being taken up,--the word "foreign" was struck out nem: con: as superfluous, being implied in the term "invasion."

M^r Dickinson moved to strike out "on the application of its Legislature, against." He thought it of essential importance to the tranquility of the U. S. that they should in all cases suppress domestic violence, which may proceed from the State Legislature itself, or from disputes between the two branches where such exist.

M^r Dayton mentioned the Conduct of Rho: Island as shewing the necessity of giving latitude to the power of the U. S. on this subject.

On the question

N. H. no. Mas. no. C^t no. N. J. ay. P^a ay. Del. ay. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

On a question for striking out "domestic violence" and insert^g "insurrections--" It passed in the negative.

N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Dickinson moved to insert the words, "or Executive" after the words "application of its Legislature."--The occasion itself he remarked might hinder the Legislature from meeting.

On this question

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d div^d. V^a no. N. C. ay. S. C. ay. Geo. ay.

M^r L. Martin moved to subjoin to the last amendment the words "in the recess of the Legislature." On which question

N. H. no. Mas. no. C^t no. P^a no. Del. no. M^d ay. V^a no. N. C. no. S. C. no. Geo. no.

On Question on the last clause as amended

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art: XIX taken up.

M^r Gov^r Morris suggested that the Legislature should be left at liberty to call a Convention, whenever they please.

The Art: was agreed to nem: con:

Art: XX. taken up.--"or affirmation" was added after "oath."

M^r Pinkney moved to add to the Art:--"but no religious test shall ever be required as a qualification to any office or public trust under the authority of the U. States."

M^r Sherman thought it unnecessary, the prevailing liberality being a sufficient security ag^{st} such tests.

M^r Gov^r Morris & Gen^l Pinkney approved the motion.

The motion was agreed to nem: con: and then the whole Article; N. C. only no--and M^d divided.

Art: XXI. taken up, viz: "The ratifications of the Conventions of ---- States shall be sufficient for organizing this Constitution."

M^r Wilson proposed to fill the blank with "seven" that being a majority of the whole number & sufficient for the commencement of the plan.

M^r Carrol moved to postpone the article in order to take up the Report of the Committee of Eleven (see Tuesday Aug^{st} 28)--and on the question

N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. no.

M^r Gov^r Morris thought the blank ought to be filled in a twofold way, so as to provide for the event of the ratifying States being contiguous which would render a smaller number sufficient, and the event of their being dispersed, which w^d require a greater number for the introduction of the Government.

M^r Sherman observed that the States being now confederated by articles which require unanimity in changes, he thought the ratification in this case of ten States at least ought to be made necessary.

M^r Randolph was for filling the blank with "nine" that being a respectable majority of the whole, and being a number made familiar by the constitution of the existing Congress.

M^r Wilson mentioned "eight" as preferable.

M^r Dickinson asked whether the concurrence of Congress is to be essential to the establishment of the system, whether the refusing States in the Confederacy could be deserted--and whether Congress could concur in contravening the system under which they acted?

M^r Madison, remarked that if the blank should be filled with "seven" "eight," or "nine," the Constitution as it stands might be put in force over the whole body of the people, tho' less than a majority of them should ratify it.

M^r Wilson. As the Constitution stands, the States only which ratify can be bound. We must he said in this case go to the original powers of Society. The House on fire must be extinguished, without a scrupulous regard to ordinary rights.

M^r Butler was in favor of "nine." He revolted at the idea, that one or two States should restrain the rest from consulting their safety.

M^r Carrol moved to fill the blank with "the thirteen," unanimity being necessary to dissolve the existing confederacy which had been unanimously established.

M^r King thought this amend^t necessary, otherwise as the Constitution now stands it will operate on the whole though ratified by a part only. Adjourned.

FRIDAY AUGUST 31^{ST} 1787. IN CONVENTION.

M^r King moved to add to the end of Art: XXI the words "between the said States" so as to confine the operation of the Gov^t to the States ratifying it.

On the question

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. M^d no. Virg^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Madison proposed to fill the blank in the article with "any seven or more States entitled to thirty three members at least in the House of Representatives according to the allotment made in the 3 Sect: of Art: 4." This he said would require the concurrence of a majority of both the States and the people.

M^r Sherman doubted the propriety of authorizing less than all the States to execute the Constitution, considering the nature of the existing Confederation. Perhaps all the States may concur, and on that supposition it is needless to hold out a breach of faith.

M^r Clymer and M^r Carrol moved to postpone the consideration of Art: XXI in order to take up the Reports of Committees not yet acted on. On this question, the States were equally divided.

N. H. ay. Mas. no. C^t div^d. N. J. no. P^a ay. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. G. ay.

M^r Gov^r Morris moved to strike out "Conventions of the" after "ratifications" leaving the States to pursue their own modes of ratification.

M^r Carrol mentioned the mode of altering the Constitution of Maryland pointed out therein, and that no other mode could be pursued in that State.

M^r King thought that striking out "Conventions," as the requisite mode was equivalent to giving up the business altogether. Conventions alone, which will avoid all the obstacles from the complicated formation of the Legislatures, will succeed, and if not positively required by the plan its enemies will oppose that mode.

M^r Gov^r Morris said he meant to facilitate the adoption of the plan, by leaving the modes approved by the several State Constitutions to be followed.

M^r Madison considered it best to require Conventions; Among other reasons, for this, that the powers given to the Gen^l Gov^t being taken from the State Gov^{ts} the Legislatures would be more disinclined than conventions composed in part at least of other men; and if disinclined, they could devise modes apparently promoting, but really thwarting the ratification. The difficulty in Maryland was no greater than in other States, where no mode of change was pointed out by the Constitution, and all officers were under oath to support it. The people were in fact, the fountain of all power, and by resorting to them, all difficulties were got over. They could alter constitutions as they pleased. It was a principle in the Bills of rights, that first principles might be resorted to.

M^r M^cHenry said that the officers of Gov^t in Maryland were under oath to support the mode of alteration prescribed by the Constitution.

M^r Ghorum urged the expediency of "Conventions" also M^r Pinkney, for reasons formerly urged on a discussion of this question.

M^r L. Martin insisted on a reference to the State Legislatures. He urged the danger of commotions from a resort to the people & to first principles, in which the Governments might be on one side and the people on the other. He was apprehensive of no such consequences however in Maryland, whether the Legislature or the people should be appealed to. Both of them would be generally against the Constitution. He repeated also the peculiarity in the Maryland Constitution.

M^r King observed that the Constitution of Massachusetts was made unalterable till the year 1790, yet this was no difficulty with him. The State must have contemplated a recurrence to first principles before they sent deputies to this Convention.

M^r Sherman moved to postpone art. XXI. & to take up art: XXII on which question,

N. H. no. Mas. no. C^t ay. N. J. no. P. ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

On M^r Gov^r Morris's motion to strike out "Conventions of the," it was negatived.

N. H. no. Mas. no. C^t ay. N. J. no. P^a ay. Del. no. M^d ay. V^a no. S. C. no. Geo. ay.

On filling the blank in Art: XXI with "thirteen" moved by Mr. Carrol & Martin, N. H. no. Mas. no. C^t no, all except Maryland.

M^r Sherman & M^r Dayton moved to fill the blank with "ten."

M^r Wilson supported the motion of M^r Madison, requiring a majority both of the people and of States. M^r Clymer was also in favor of it.

Col: Mason was for preserving ideas familiar to the people. Nine States had been required in all great cases under the Confederation & that number was on that account preferable.

On the question for "ten"

N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del. no. M^d ay. V^a no. N. C. no. S. C. no. Geo. ay.

On question for "nine"

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. ay.

Art: XXI. as amended was then agreed to by all the States, Maryland excepted, & M^r Jenifer being ay.

Art. XXII taken up, to wit, "This Constitution shall be laid before the U. S. in Cong^s 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."

M^r Gov^r Morris & M^r Pinkney moved to strike out the words "for their approbation." On this question

N. H. ay. Mas. no. C^t ay. N. J. ay.[47] P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. no.

[47] In the printed Journal N. Jersey--no.--Madison's Note.

M^r Gov^r Morris & M^r Pinkney then moved to amend the art: so as to read

"This Constitution shall be laid before the U. S. in Congress assembled; and it is the opinion of this Convention that it should afterwards be submitted to a Convention chosen in each State, in order to receive the ratification of such Convention; to which end the several Legislatures ought to provide for the calling Conventions within their respective States as speedily as circumstances will permit."

M^r Gov^r Morris said his object was to impress in stronger terms the necessity of calling Conventions in order to prevent enemies to the plan, from giving it the go by. When it first appears, with the sanction of this Convention, the people will be favorable to it. By degrees the State officers, & those interested in the State Gov^{ts} will intrigue & turn the popular current against it.

M^r L. Martin believed M^r Morris to be right, that after a while the people would be ag^{st} it, but for a different reason from that alledged. He believed they would not ratify it unless hurried into it by surprize.

M^r Gerry enlarged on the idea of M^r L. Martin in which he concurred, represented the system as full of vices, and dwelt on the impropriety of destroying the existing Confederation, without the unanimous consent of the parties to it.

Question on M^r Gov^r Morris's & M^r Pinkney's motion

N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. ay. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Gerry moved to postpone art: XXII.

Col: Mason 2^{ded} the motion, declaring that he would sooner chop off his right hand than put it to the Constitution as it now stands. He wished to see some points not yet decided brought to a decision, before being compelled to give a final opinion on this article. Should these points be improperly settled, his wish would then be to bring the whole subject before another general Convention.

M^r Gov^r Morris was ready for a postponement. He had long wished for another Convention, that will have the firmness to provide a vigorous Government, which we are afraid to do.

M^r Randolph stated his idea to be, in case the final form of the Constitution should not permit him to accede to it, that the State Conventions should be at liberty to propose amendments to be submitted to another General Convention which may reject or incorporate them, as may be judged proper.

On the question for postponing

N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. no. M^d ay. V^a no. N. C. ay. S. C. no. Geo. no.

On the question on Art: XXII

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art: XXIII being taken up, as far as the words "assigned by Congress" inclusive, was agreed to nem: con: the blank having been first filled with the word "nine" as of course.

On a motion for postponing the residue of the clause, concerning the choice of the President &c.

N. H. no. Mas. ay. C^t no. N. J. no. P^a no. Del. ay. M^d no. V^a ay. N. C. ay. S. C. no. Geo. no.

M^r Gov^r Morris then moved to strike out the words "choose the President of the U. S. and"--this point, of choosing the President not being yet finally determined, & on this question

N. H. no. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d div^d. V^a ay. N. C. ay. S. C. ay.[48] Geo. ay.

[48] In printed Journal--S. C.--no.--Madison's Note.

Art: XXIII as amended was then agreed to nem: con:

The Report of the Grand Committee of eleven made by M^r Sherman was then taken up (see Aug: 28).

On the question to agree to the following clause, to be inserted after sect. 4. art: VII. "nor shall any regulation of commerce or revenue give preference to the ports of one State over those of another." Agreed to nem: con:

On the clause "or oblige vessels bound to or from any State to enter clear or pay duties in another"

M^r Madison thought the restriction w^d be inconvenient, as in the River Delaware, if a vessel cannot be required to make entry below the jurisdiction of Pennsylvania.

M^r Fitzimmons admitted that it might be inconvenient, but thought it would be a greater inconvenience to require vessels bound to Philad^a to enter below the jurisdiction of the State.

M^r Ghorum & M^r Langdon, contended that the Gov^t would be so fettered by this clause, as to defeat the good purpose of the plan. They mentioned the situation of the trade of Mas. & N. Hampshire, the case of Sandy Hook which is in the State of N. Jersey, but where precautions ag^{st} smuggling into N. York, ought to be established by the Gen^l Government.

M^r M^cHenry said the clause would not screen a vessel from being obliged to take an officer on board as a security for due entry &c.

M^r Carrol was anxious that the clause should be agreed to. He assured the House, that this was a tender point in Maryland.

M^r Jennifer urged the necessity of the clause in the same point of view.

On the question for agreeing to it

N. H. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. ay.

The word "tonnage" was struck out, nem: con: as comprehended in "duties."

On question On the clause of the Report "and all duties, imposts & excises, laid by the Legislature shall be uniform throughout the U. S." It was agreed to nem: con:[49]

[49] In printed Journal N. H. and S. C. entered as in the negative.--Madison's Note.

On motion of M^r Sherman it was agreed to refer such parts of the Constitution as have been postponed, and such parts of Reports as have not been acted on, to a Committee of a member from each State; the Committee appointed by ballot, being, M^r Gilman, M^r King, M^r Sherman, M^r Brearly, M^r Gov^r Morris, M^r Dickinson, M^r Carrol, M^r Madison, M^r Williamson, M^r Butler, & M^r Baldwin.

The House adjourned.

SATURDAY SEP^R 1. 1787 IN CONVENTION.

M^r Brearley from the Comm^e of eleven to which were referred yesterday the postponed part of the Constitution, & parts of Reports not acted upon, made the following partial report.

That in lieu of the 9^{th} Sect: of Art: 6. the words following be inserted viz "The members of each House shall be ineligible to any Civil office under the authority of the U. S. during the time for which they shall respectively be elected, and no person holding an office under the U. S. shall be a member of either House during his continuance in office."

M^r Rutlidge from the Committee to whom were referred sundry propositions (see Aug: 29), together with art: XVI reported that the following additions be made to the Report--viz.

After the word "States" in the last line on the Margin of the 3^d page (see the printed Report),--add "to establish uniform laws on the subject of Bankruptcies."

And insert the following as Art: XVI viz

"Full faith and credit ought to be given in each State to the public acts, records, and Judicial proceedings of every other State, and the Legislature shall, by general laws prescribe the manner in which such acts, Records, & proceedings shall be proved, and the effect which Judgments obtained in one State, shall have in another."

After receiving these reports

The House adjourned to 10OC on Monday next.

MONDAY SEP^R 3 1787. IN CONVENTION

M^r Gov^r Morris moved to amend the Report concerning the respect to be paid to Acts Records &c. of one State, in other States (see Sep^r 1.) by striking out "judgments obtained in one State shall have in another" and to insert the word "thereof" after the word "effect."

Col: Mason favored the motion, particularly if the "effect" was to be restrained to judgments & Judicial proceedings.

M^r Wilson remarked, that if the Legislature were not allowed to declare the effect the provision would amount to nothing more than what now takes place among all Independent Nations.

Doc^r Johnson thought the amendment as worded would authorize the Gen^l Legislature to declare the effect of Legislative acts of one State in another State.

M^r Randolph considered it as strengthening the general objection ag^{st} the plan, that its definition of the powers of the Government was so loose as to give it opportunities of usurping all the State powers. He was for not going farther than the Report, which enables the Legislature to provide for the effect of Judgments.

On the amendment, as moved by M^r Gov^r Morris

Mas. ay. C^t ay. N. J. ay. P^a ay. M^d no. V^a no. N. C. ay. S. C. ay. Geo. no.

On motion of M^r Madison, "ought to" were struck out, and "shall" inserted; and "shall" between "Legislature" & "by general laws" struck out, and "may" inserted, nem: con:

On the question to agree to the report as amended viz "Full faith & credit shall be given in each State to the public acts, records & judicial proceedings of every other State, and the Legislature may by general laws prescribe the manner in which such acts records & proceedings shall be proved, and the effect thereof." Agreed to with^t a count of Sts.

The clause in the Report "To establish uniform laws on the subject of Bankruptcies" being taken up.

M^r Sherman observed that Bankruptcies were in some cases punishable with death by the laws of England, & He did not chuse to grant a power by which that might be done here.

M^r Gov^r Morris said this was an extensive & delicate subject. He would agree to it because he saw no danger of abuse of the power by the Legislature of the U. S.

On the question to agree to the clause

N. H. ay. Mas. ay. C^t no. N. J. ay. P^a ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Pinkney moved to postpone the Report of the Committee of Eleven (see Sep^r 1.) in order to take up the following,

"The members of each House shall be incapable of holding any office under the U. S. 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." He was strenuously opposed to an ineligibility of members to office, and therefore wished to restrain the proposition to a mere incompatibility. He considered the eligibility of members of the Legislature to the honourable offices of Government, as resembling the policy of the Romans, in making the temple of virtue the road to the temple of fame.

On this question

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. M^d no. V^a no. N. C. ay. S. C. no. Geo. no.

M^r King moved to insert the word "created" before the word "during" in the Report of the Committee. This he said would exclude the members of the first Legislature under the Constitution, as most of the offices w^d then be created.

M^r Williamson 2^{ded} the motion. He did not see why members of the Legislature should be ineligible to vacancies happening during the term of their election.

M^r Sherman was for entirely incapacitating members of the Legislature. He thought their eligibility to offices would give too much influence to the Executive. He said the incapacity ought at least to be extended to cases where salaries should be increased, as well as created, during the term of the member. He mentioned also the expedient by which the restriction could be evaded to wit: an existing officer might be translated to an office created, and a member of the Legislature be then put into the office vacated.

M^r Gov^r Morris contended that the eligibility of members to office w^d lessen the influence of the Executive. If they cannot be appointed themselves, the Executive will appoint their relations & friends, retaining the service & votes of the members for his purposes in the Legislature. Whereas the appointment of the members deprives him of such an advantage.

M^r Gerry, thought the eligibility of members would have the effect of opening batteries ag^{st} good officers, in order to drive them out & make way for members of the Legislature.

M^r Gorham was in favor of the amendment. Without it we go further than has been done in any of the States, or indeed any other Country. The experience of the State Governments where there was no such ineligibility, proved that it was not necessary; on the contrary that the eligibility was among the inducements for fit men to enter into the Legislative service.

M^r Randolph was inflexibly fixed against inviting men into the Legislature by the prospect of being appointed to offices.

M^r Baldwin remarked that the example of the States was not applicable. The Legislatures there are so numerous that an exclusion of their members would not leave proper men for offices. The case would be otherwise in the General Government.

Col: Mason. Instead of excluding merit, the ineligibility will keep out corruption, by excluding office-hunters.

M^r Wilson considered the exclusion of members of the Legislature as increasing the influence of the Executive as observed by M^r Gov^r Morris at the same time that it would diminish, the general energy of the Government. He said that the legal disqualification for office would be odious to those who did not wish for office, but did not wish either to be marked by so degrading a distinction.

M^r Pinkney. The first Legislature will be composed of the ablest men to be found. The States will select such to put the Government into operation. Should the Report of the Committee or even the amendment be agreed to, The great offices, even those of the Judiciary Department which are to continue for life, must be filled while those most capable of filling them will be under a disqualification.

On the question on M^r King's motion

N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. M^d no. V^a ay. N. C. ay. S. C. no. Geo. no.

The amendment being thus lost by the equal division of the States, M^r Williamson moved to insert the words "created or the emoluments whereof shall have been increased" before the word "during" in the Report of the Committee.

M^r King 2^{ded} the motion, & on the question

N. H. ay. Mas. ay. C^t no. N. J. no. Pa. ay. M^d no. V^a ay. N. C. ay. S. C. no. Geo. divided.

The last clause rendering a Seat in the Legislature & an office incompatible was agreed to nem. con:

The Report as amended & agreed to is as follows.

"The members of each House shall be ineligible to any Civil office under the authority of the U. States, created, or the emoluments whereof shall have been increased during the time for which they shall respectively be elected--And no person holding any office under the U. S. shall be a member of either House during his continuance in office."

Fac-Simile. Facing Page (part 7)

Adjourned.

TUESDAY SEP^R 4. 1787. IN CONVENTION

M^r Brearly from the Committee of Eleven made a further partial Report as follows

"The Committee of Eleven to whom sundry resolutions &c. were referred on the 31^{st} of August, report that in their opinion the following additions and alterations should be made to the Report before the Convention, viz.[50]

[50] This is an exact copy. The variations in that in the printed Journal are occasioned by its incorporation of subsequent amendments. This remark is applicable to other cases.--Madison's Note. The report was copied by the Secretary of the Convention, William Jackson, into the Journal, after it had been read. Afterwards two sentences were altered by interlining with lead pencil. The alterations (indicated by italics) are as follows: Paragraph 4, "The person having the greatest number of votes ... if such number be a majority of the whole number of the electors appointed." Paragraph 7, "But no treaty, except treaties of peace, shall be made," etc. The changes in paragraph 4 are unimportant: the change in paragraph 7 was an amendment offered by Madison September 7th, and adopted.--Const. MSS.--Journal of Federal Convention, p. 323, et seq.

(1.) The first clause of sect: 1. art. 7. to read as follows--'The Legislature shall have power to lay and collect taxes duties imposts & excises, to pay the debts and provide for the common defence & general welfare of the U. S.'

(2.) At the end of the 2^d clause of sect. 1. art. 7. add 'and with the Indian tribes.'

(3.) In the place of the 9^{th} art. Sect. 1. to be inserted 'The Senate of the U. S. shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present.'

(4.) After the word 'Excellency' in sect. 1. art. 10. to be inserted. 'He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected in the following manner, viz. Each State shall appoint in such manner as its Legislature may direct, a number of electors equal to the whole number of Senators and members of the House of Representatives, to which the State may be entitled in the Legislature. 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 Gen^l Government, directed to the President of the Senate--The President of the Senate shall in that House open all the certificates, and the votes shall be then & there counted. The Person having the greatest number of votes shall be the President, if such number be a majority of that of the electors; and if there be more than one who have such a majority, and have an equal number of votes, then the Senate shall immediately choose by ballot one of them for President: but if no person have a majority, then from the five highest on the list, the Senate shall choose by ballot the President, and in every case after the choice of the President, the person having the greatest number of votes shall be vice-president: but if there should remain two or more who have equal votes, the Senate shall choose from them the Vice-President. The Legislature may determine the time of choosing and assembling the Electors, and the manner of certifying and transmitting their votes.'

(5) 'Sect. 2. No person except a natural born citizen or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President; nor shall any person be elected to that office, who shall be under the age of thirty five years, and who has not been in the whole, at least fourteen years a resident within the U. S.'

(6) 'Sect. 3. The vice-president shall be ex officio President of the Senate, except when they sit to try the impeachment of the President, in which case the Chief Justice shall preside, and excepting also when he shall exercise the powers and duties of President, in which case & in case of his absence, the Senate shall chuse a President pro tempore--The vice President when acting as President of the Senate shall not have a vote unless the House be equally divided.'

(7) 'Sect. 4. The President by and with the advice and Consent of the Senate, shall have power to make Treaties; and he shall nominate and by and with the advice and consent of the Senate shall appoint ambassadors, and other public ministers, Judges of the Supreme Court, and all other Officers of the U.S. whose appointments are not otherwise herein provided for. But no Treaty shall be made without the consent of two thirds of the members present.'

(8) After the words--'into the service of the U. S.' in sect. 2. art: 10. add 'and may require the opinion in writing of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices.'

The latter part of Sect. 2. art: 10. to read as follows.

(9) 'He shall be removed from his office on impeachment by the House of Representatives, and conviction by the Senate, for Treason, or bribery, and in case of his removal as aforesaid, death, absence, resignation or inability to discharge the powers or duties of his office, the vice-president shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.'"

The (1^{st}) clause of the Report was agreed to, nem. con.

The (2) clause was also agreed to nem: con:

The (3) clause was postponed in order to decide previously on the mode of electing the President.

The (4) clause was accordingly taken up.

M^r Gorham disapproved of making the next highest after the President, the vice-President, without referring the decision to the Senate in case the next highest should have less than a majority of votes. As the regulation stands a very obscure man with very few votes may arrive at that appointment.

M^r Sherman said the object of this clause of the report of the Committee was to get rid of the ineligibility, which was attached to the mode of election by the Legislature, & to render the Executive independent of the Legislature. As the choice of the President was to be made out of the five highest, obscure characters were sufficiently guarded against in that case; and he had no objection to requiring the vice-President to be chosen in like manner, where the choice was not decided by a majority in the first instance.

M^r Madison was apprehensive that by requiring both the President & vice President to be chosen out of the five highest candidates, the attention of the electors would be turned too much to making candidates instead of giving their votes in order to a definitive choice. Should this turn be given to the business, The election would, in fact be consigned to the Senate altogether. It would have the effect at the same time, he observed, of giving the nomination of the candidates to the largest States.

M^r Gov^r Morris concurred in, & enforced the remarks of M^r Madison.

M^r Randolph & M^r Pinkney wished for a particular explanation & discussion of the reasons for changing the mode of electing the Executive.

M^r Gov^r Morris said he would give the reasons of the Committee and his own. The 1^{st} was the danger of intrigue & faction if the appointm^t should be made by the Legislature. 2. The inconveniency of an ineligibility required by that mode in order to lessen its evils. 3. The difficulty of establishing a Court of Impeachments, other than the Senate which would not be so proper for the trial nor the other branch for the impeachment of the President, if appointed by the Legislature. 4. Nobody had appeared to be satisfied with an appointment by the Legislature. 5. Many were anxious even for an immediate choice by the people. 6. The indispensable necessity of making the Executive independent of the Legislature.--As the Electors would vote at the same time throughout the U. S. and at so great a distance from each other, the great evil of cabal was avoided. It would be impossible also to corrupt them. A conclusive reason for making the Senate instead of the Supreme Court the Judge of impeachments, was that the latter was to try the President after the trial of the impeachment.

Col: Mason confessed that the plan of the Committee had removed some capital objections, particularly the danger of cabal and corruption. It was liable however to this strong objection, that nineteen times in twenty the President would be chosen by the Senate, an improper body for the purpose.

M^r Butler thought the mode not free from objections, but much more so than an election by the Legislature, where as in elective monarchies, cabal faction & violence would be sure to prevail.

M^r Pinkney stated as objections to the mode 1. that it threw the whole appointment in fact into the hands of the Senate. 2. The Electors will be strangers to the several candidates and of course unable to decide on their comparative merits. 3. It makes the Executive reeligible which will endanger the public liberty. 4. It makes the same body of men which will in fact elect the President his Judges in case of an impeachment.

M^r Williamson had great doubts whether the advantage of reeligibility would balance the objection to such a dependence of the President on the Senate for his reappointment. He thought at least the Senate ought to be restrained to the two highest on the list.

M^r Gov^r Morris said the principal advantage aimed at was that of taking away the opportunity for cabal. The President may be made if thought necessary ineligible on this as well as on any other mode of election. Other inconveniences may be no less redressed on this plan than any other.

M^r Baldwin thought the plan not so objectionable when well considered, as at first view: The increasing intercourse among the people of the States, would render important characters less & less unknown; and the Senate would consequently be less & less likely to have the eventual appointment thrown into their hands.

M^r Wilson. This subject has greatly divided the House, and will also divide the people out of doors. It is in truth the most difficult of all on which we have had to decide. He had never made up an opinion on it entirely to his own satisfaction. He thought the plan on the whole a valuable improvement on the former. It gets rid of one great evil, that of cabal & corruption; & Continental Characters will multiply as we more & more coalesce, so as to enable the electors in every part of the Union to know & judge of them. It clears the way also for a discussion of the question of re-eligibility on its own merits which the former mode of election seemed to forbid. He thought it might be better however to refer the eventual appointment to the Legislature than to the Senate, and to confine it to a smaller number than five of the Candidates. The eventual election by the Legislature w^d not open cabal anew, as it would be restrained to certain designated objects of choice, and as these must have had the previous sanction of a number of the States; and if the election be made as it ought as soon as the votes of the Electors are opened & it is known that no one has a majority of the whole there can be little danger of corruption. Another reason for preferring the Legislature to the Senate in this business was that the House of Rep^s will be so often changed as to be free from the influence & faction to which the permanence of the Senate may subject that branch.

M^r Randolph preferred the former mode of constituting the Executive, but if the change was to be made, he wished to know why the eventual election was referred to the Senate and not to the Legislature? He saw no necessity for this and many objections to it. He was apprehensive also that the advantage of the eventual appointment would fall into the hands of the States near the seat of Government.

M^r Gov^r Morris said the Senate was preferred because fewer could then say to the President, you owe your appointment to us. He thought the President would not depend so much on the Senate for his reappointment as on his general good conduct.

The further consideration of the Report was postponed that each member might take a copy of the remainder of it.

The following motion was referred to the Committee of Eleven--to wit,--"To prepare & report a plan for defraying the expences of the Convention."

[51]M^r Pinkney moved a clause declaring "that each House should be judge of the privilege of its own members." M^r Gov^r Morris 2^{ded} the motion.

[51] This motion not contained in the printed Journal--Madison's Note.

M^r Randolph & M^r Madison expressed doubts as to the propriety of giving such a power, & wished for a postponement.

M^r Gov^r Morris thought it so plain a case that no postponement could be necessary.

M^r Wilson thought the power involved, and the express insertion of it needless. It might beget doubts as to the power of other public bodies, as Courts &c. Every Court is the judge of its own privileges.

M^r Madison distinguished between the power of Judging of privileges previously & duly established, and the effect of the motion which would give a discretion to each House as to the extent of its own privileges. He suggested that it would be better to make provision for ascertaining by law, the privileges of each House, than to allow each House to decide for itself. He suggested also the necessity of considering what privileges ought to be allowed to the Executive.

Adjourned.

WEDNESDAY SEP^R 5. 1787. IN CONVENTION.

M^r Brearley from the Committee of Eleven made a farther report as follows,

(1) To add to the clause "to declare war" the words "and grant letters of marque and reprisal."

(2) To add to the clause "to raise and support armies" the words "but no appropriation of money to that use shall be for a longer term than two years."

(3) Instead of sect: 12. art 6. say--"All bills for raising revenue shall originate in the House of Representatives, and shall be subject to alterations and amendments by the Senate: no money shall be drawn from the Treasury, but in consequence of appropriations made by law."

(4) Immediately before the last clause of sect. 1. art. 7. insert "To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by Cession of particular States and the acceptance of the Legislature become the Seat of the Government of the U. S. and to exercise like authority over all places purchased for the erection of Forts, Magazines, Arsenals, Dock Yards, and other needful buildings."

(5) "To promote the progress of Science and useful arts by securing for limited times to authors & inventors, the exclusive right to their respective writings and discoveries."

This report being taken up,--The (1) clause was agreed to nem: con:

To the (2) clause M^r Gerry objected that it admitted of appropriations to an army, for two years instead of one, for which he could not conceive a reason, that it implied that there was to be a standing army which he inveighed against as dangerous to liberty, as unnecessary even for so great an extent of Country as this, and if necessary, some restriction on the number & duration ought to be provided: Nor was this a proper time for such an innovation. The people would not bear it.

M^r Sherman remarked that the appropriations were permitted only, not required to be for two years. As the Legislature is to be biennially elected, it would be inconvenient to require appropriations to be for one year, as there might be no Session within the time necessary to renew them. He should himself he said like a reasonable restriction on the number and continuance of an army in time of peace.

The (2) clause was then agreed to nem: con:

The (3) clause, M^r Gov^r Morris moved to postpone. It had been agreed to in the Committee on the ground of compromise, and he should feel himself at liberty to dissent to it, if on the whole he should not be satisfied with certain other parts to be settled.--M^r Pinkney 2^{ded} the motion.

M^r Sherman was for giving immediate ease to those who looked on this clause as of great moment, and for trusting to their concurrence in other proper measures.

On the question for postponing

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a no. N. C. ay. S. C. ay. Geo. ay.

So much of the (4) clause as related to the seat of Government was agreed to nem: con:

On the residue to wit, "to exercise like authority over all places purchased for forts" &c.

M^r Gerry contended that this power might be made use of to enslave any particular State by buying up its territory, and that the strongholds proposed would be a means of awing the State into an undue obedience to the Gen^l Government.

M^r King thought himself the provision unnecessary, the power being already involved: but would move to insert after the word "purchased" the words "by the consent of the Legislature of the State." This would certainly make the power safe.

M^r Gov^r Morris 2^{ded} the motion, which was agreed to nem: con: as was then the residue of the clause as amended.

The (5) clause was agreed to nem: con:

The following Resolution & order being reported from the Committee of eleven, to wit,

"Resolved that the U. S. in Congress be requested to allow and cause to be paid to the Secretary and other officers of this Convention such sums in proportion to their respective times of service, as are allowed to the Secretary & similar officers of Congress."

"Ordered that the Secretary make out & transmit to the Treasury office of the U. S. an account for the said services & for the incidental expences of this Convention."

The resolution & order were separately agreed to nem: con:

M^r Gerry gave notice that he should move to reconsider articles XIX.

Xx. Xxi. Xxii

M^r Williamson gave like notice as to the article fixing the number of Representatives, which he thought too small. He wished also to allow Rho: Island more than one, as due to her probable number of people, and as proper to stifle any pretext arising from her absence on the occasion.

The Report made yesterday as to the appointment of the Executive being then taken up. M^r Pinkney renewed his opposition to the mode, arguing 1. that the electors will not have sufficient knowledge of the fittest men, & will be swayed by an attachment to the eminent men of their respective States. Hence 2^{dly} the dispersion of the votes would leave the appointment with the Senate, and as the President's reappointment will thus depend on the Senate he will be the mere creature of that body. 3. He will combine with the Senate ag^{st} the House of Representatives. 4. This change in the mode of election was meant to get rid of the ineligibility of the President a second time, whereby he will become fixed for life under the auspices of the Senate.

M^r Gerry did not object to this plan of constituting the Executive in itself, but should be governed in his final vote by the powers that may be given to the President.

M^r Rutlidge was much opposed to the plan reported by the Committee. It would throw the whole power into the Senate. He was also against a re-eligibility. He moved to postpone the Report under consideration & take up the original plan of appointment by the Legislature, to wit. "He shall be elected by joint ballot by the Legislature to which election a majority of the votes of the members present shall be required: He shall hold his office during the term of seven years; but shall not be elected a second time."

On this motion to postpone

N. H. div^d. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. ay. S. C. ay. Geo. no.

Col. Mason admitted that there were objections to an appointment by the Legislature as originally planned. He had not yet made up his mind, but would state his objections to the mode proposed by the Committee. 1. It puts the appointment in fact into the hands of the Senate; as it will rarely happen that a majority of the whole votes will fall on any one candidate: and as the existing President will always be one of the 5 highest, his reappointment will of course depend on the Senate. 2. Considering the powers of the President & those of the Senate, if a coalition should be established between these two branches, they will be able to subvert the Constitution--The great objection with him would be removed by depriving the Senate of the eventual election. He accordingly moved to strike out the words "if such number be a majority of that of the electors."

M^r Williamson 2^{ded} the motion. He could not agree to the clause without some such modification. He preferred making the highest tho' not having a majority of the votes, President, to a reference of the matter to the Senate. Referring the appointment to the Senate lays a certain foundation for corruption & aristocracy.

M^r Gov^r Morris thought the point of less consequence than it was supposed on both sides. It is probable that a majority of the votes will fall on the same man. As each Elector is to give two votes, more than 1/4 will give a majority. Besides as one vote is to be given to a man out of the State, and as this vote will not be thrown away, 1/2 the votes will fall on characters eminent & generally known. Again if the President shall have given satisfaction, the votes will turn on him of course, and a majority of them will reappoint him, without resort to the Senate: If he should be disliked, all disliking him, would take care to unite their votes so as to ensure his being supplanted.

Col. Mason those who think there is no danger of there not being a majority for the same person in the first instance, ought to give up the point to those who think otherwise.

M^r Sherman reminded the opponents of the new mode proposed that if the small States had the advantage in the Senate's deciding among the five highest candidates the large States would have in fact the nomination of these candidates.

On the motion of Col: Mason

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.[52] V^a no. N. C. ay. S. C. no. Geo. no.

[52] In printed Journal Maryland--no--Madison's Note.

M^r Wilson moved to strike out "Senate" and insert the word "Legislature."

M^r Madison considered it as a primary object to render an eventual resort to any part of the Legislature improbable. He was apprehensive that the proposed alteration would turn the attention of the large States too much to the appointment of candidates, instead of aiming at an effectual appointment of the officer, as the large States would predominate in the Legislature which would have the final choice out of the candidates. Whereas if the Senate in which the small States predominate should have the final choice, the concerted effort of the large States would be to make the appointment in the first instance conclusive.

M^r Randolph. We have in some revolutions of this plan made a bold stroke for Monarchy. We are now doing the same for an aristocracy. He dwelt on the tendency of such an influence in the Senate over the election of the President in addition to its other powers, to convert that body into a real & dangerous Aristocracy.

M^r Dickinson was in favor of giving the eventual election to the Legislature, instead of the Senate. It was too much influence to be superadded to that body.

On the question moved by M^r Wilson

N. H. div^d. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. no. S. C. ay. Geo. no.

M^r Madison & M^r Williamson moved to strike out the word "majority" and insert "one-third" so that the eventual power might not be exercised if less than a majority, but not less than 1/3 of the Electors should vote for the same person.

M^r Gerry objected that this would put it in the power of three or four States to put in whom they pleased.

M^r Williamson. There are seven States which do not contain one third of the people. If the Senate are to appoint, less than one sixth of the people will have the power.

On the question

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a ay. N. C. ay. S. C. no. Geo. no.

M^r Gerry suggested that the eventual election should be made by six Senators and seven Representatives chosen by joint ballot of both Houses.

M^r King observed that the influence of the Small States in the Senate was somewhat balanced by the influence of the large States in bringing forward the candidates,[53] and also by the Concurrence of the small States in the Committee in the clause vesting the exclusive origination of Money bills in the House of Representatives.

[53] This explains the compromise mentioned above by M^r Gov^r Morris. Col. Mason, M^r Gerry & other members from large States set great value on this privilege of originating money bills. Of this the members from the small States, with some from the large States who wished a high mounted Gov^t endeavored to avail themselves, by making that privilege, the price of arrangements in the constitution favorable to the small States, and to the elevation of the Government.--Madison's Note.

Col: Mason moved to strike out the word "five" and insert the word "three" as the highest candidates for the Senate to choose out of.

M^r Gerry 2^{ded} the motion.

M^r Sherman would sooner give up the plan. He would prefer seven or thirteen.

On the question moved by Col: Mason & M^r Gerry

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Delaware [and] M^d no. V^a ay. N. C. ay. S. C. no. Geo. no.

M^r Spaight and M^r Rutlidge moved to strike out "five" and insert "thirteen"--to which all the States disagreed--except N. C. & S. C.

M^r Madison & M^r Williamson moved to insert after "Electors" the words "who shall have balloted" so that the non voting electors not being counted might not increase the number necessary as a majority of the whole to decide the choice without the agency of the Senate.

On this question

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. no.

M^r Dickinson moved, in order to remove ambiguity from the intention of the clause as explained by the vote, to add, after the words "if such number be a majority of the whole number of the Electors" the word "appointed."

On this motion

N. H. ay. Mas. ay. Con. ay. N. J. ay. P^a ay. Delaware [and] M^d ay. V^a no. N. C. no. S. C. ay. Geo. ay.

Col: Mason. As the mode of appointment is now regulated, he could not forbear expressing his opinion that it is utterly inadmissible. He would prefer the Government of Prussia to one which will put all power into the hands of seven or eight men, and fix an Aristocracy worse than absolute monarchy.

The words "and of their giving their votes" being inserted on motion for that purpose, after the words "The Legislature may determine the time of chusing and assembling the Electors."

The House adjourned.

THURSDAY SEP^R 6. 1787. IN CONVENTION

M^r King and M^r Gerry moved to insert in the (5)[54] clause of the Report (see Sep^r 4) after the words "may be entitled in the Legislature" the words following--"But no person shall be appointed an elector who is a member of the Legislature of the U. S. or who holds any office of profit or trust under the U. S." which passed nem: con:

[54] This is a mistake and should be fourth clause. See p. 298.

M^r Gerry proposed as the President was to be elected by the Senate out of the five highest candidates, that if he should not at the end of his term be re-elected by a majority of the Electors, and no other candidate should have a majority, the eventual election should be made by the Legislature. This he said would relieve the President from his particular dependence on the Senate for his continuance in office.

M^r King liked the idea, as calculated to satisfy particular members and promote unanimity & as likely to operate but seldom.

M^r Read opposed it, remarking that if individual members were to be indulged, alterations would be necessary to satisfy most of them.

M^r Williamson espoused it as a reasonable precaution against the undue influence of the Senate.

M^r Sherman liked the arrangement as it stood, though he should not be averse to some amendments. He thought he said that if the Legislature were to have the eventual appointment instead of the Senate, it ought to vote in the case by States, in favor of the small States, as the large States would have so great an advantage in nominating the candidates.

M^r Gov^r Morris thought favorably of M^r Gerry's proposition. It would free the President from being tempted in naming to offices, to Conform to the will of the Senate, & thereby virtually give the appointments to office, to the Senate.

M^r Wilson said that he had weighed carefully the report of the Committee for remodelling the constitution of the Executive; and on combining it with other parts of the plan, he was obliged to consider the whole as having a dangerous tendency to aristocracy; as throwing a dangerous power into the hands of the Senate. They will have in fact, the appointment of the President, and through his dependence on them, the virtual appointment to offices; among others the Officers of the Judiciary Department. They are to make Treaties; and they are to try all impeachments. In allowing them thus to make the Executive & Judiciary appointments, to be the Court of impeachments, and to make Treaties which are to be laws of the land, the Legislative, Executive & Judiciary powers are all blended in one branch of the Government. The power of making Treaties involves the case of subsidies, and here as an additional evil, foreign influence is to be dreaded. According to the plan as it now stands, the President will not be the man of the people as he ought to be, but the minion of the Senate. He cannot even appoint a tide-waiter without the Senate. He had always thought the Senate too numerous a body for making appointments to office. The Senate will moreover in all probability be in constant Session. They will have high salaries. And with all those powers, and the President in their interest, they will depress the other branch of the Legislature, and aggrandize themselves in proportion. Add to all this, that the Senate sitting in conclave, can by holding up to their respective States various and improbable candidates, contrive so to scatter their votes, as to bring the appointment of the President ultimately before themselves. Upon the whole, he thought the new mode of appointing the President, with some amendments, a valuable improvement; but he could never agree to purchase it at the price of the ensuing parts of the Report, nor befriend a system of which they make a part.

M^r Gov^r Morris expressed his wonder at the observations of M^r Wilson so far as they preferred the plan in the printed Report to the new modification of it before the House, and entered into a comparative view of the two, with an eye to the nature of M^r Wilsons objections to the last. By the first the Senate he observed had a voice in appointing the President out of all the Citizens of the U. S: by this they were limited to five candidates previously nominated to them, with a probability of being barred altogether by the successful ballot of the Electors. Here surely was no increase of power. They are now to appoint Judges nominated to them by the President. Before they had the appointment without any agency whatever of the President. Here again was surely no additional power. If they are to make Treaties as the plan now stands, the power was the same in the printed plan. If they are to try impeachments, the Judges must have been triable by them before. Wherein then lay the dangerous tendency of the innovations to establish an aristocracy in the Senate? As to the appointment of officers, the weight of sentiment in the House, was opposed to the exercise of it by the President alone; though it was not the case with himself. If the Senate would act as was suspected, in misleading the States into a fallacious disposition of their votes for a President, they would, if the appointment were withdrawn wholly from them, make such representations in their several States where they have influence, as would favor the object of their partiality.

M^r Williamson, replying to M^r Morris, observed that the aristocratic complexion proceeds from the change in the mode of appointing the President which makes him dependent on the Senate.

M^r Clymer said that the aristocratic part to which he could never accede was that in the printed plan, which gave the Senate the power of appointing to offices.

M^r Hamilton said that he had been restrained from entering into the discussions by his dislike of the Scheme of Gov^t in General; but as he meant to support the plan to be recommended, as better than nothing, he wished in this place to offer a few remarks. He liked the new modification, on the whole, better than that in the printed Report. In this the President was a Monster elected for seven years, and ineligible afterwards; having great powers, in appointments to office, & continually tempted by this constitutional disqualification to abuse them in order to subvert the Government. Although he should be made re-eligible, still if appointed by the Legislature, he would be tempted to make use of corrupt influence to be continued in office. It seemed peculiarly desirable therefore that some other mode of election should be devised. Considering the different views of different States, & the different districts Northern Middle & Southern, he concurred with those who thought that the votes would not be concentered, and that the appointment would consequently in the present mode devolve on the Senate. The nomination to offices will give great weight to the President. Here then is a mutual connexion & influence, that will perpetuate the President, and aggrandize both him & the Senate. What is to be the remedy? He saw none better than to let the highest number of ballots, whether a majority or not, appoint the President. What was the objection to this? Merely that too small a number might appoint. But as the plan stands, the Senate may take the candidate having the smallest number of votes, and make him President.

M^r Spaight & M^r Williamson moved to insert "seven" instead of "four" years for the term of the President[55]--

[55] An ineligibility w^d have followed (tho' it would seem from the vote not in the opinion of all) this prolongation of the term.--Madison's Note.

On this motion

N. H. ay. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a ay. N. C. ay. S. C. no. Geo. no.

M^r Spaight & M^r Williamson, then moved to insert "six," instead of "four". On which motion

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. ay. S. C. ay. Geo. no.

On the term "four" all the States were ay, except N. Carolina, no.

On the question (Clause 4. in the Report) for appointing President by electors---down to the words,--"entitled in the Legislature" inclusive

N. H. ay. Mas: ay. Con^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo.--ay.

It was moved that the Electors meet at the seat of the Gen^l Gov^t which passed in the Negative N. C. only being ay.

It was moved to insert the words "under the seal of the State" after the word "transmit" in the 4^{th}. clause of the Report which was disagreed to; as was another motion to insert the words "and who shall have given their votes" after the word "appointed" in the 4^{th} Clause of the Report as added yesterday on motion of M^r Dickinson.

On several motions, the words "in presence of the Senate and House of Representatives" were inserted after the word "counted" and the word "immediately" before the word "choose;" and the words "of the Electors" after the word "votes."

M^r Spaight said if the election by Electors is to be crammed down, he would prefer their meeting altogether and deciding finally without any reference to the Senate and moved "that the Electors meet at the seat of the General Government."

M^r Williamson 2^{ded} the motion, on which all the States were in the negative except N: Carolina.

On motion the words "But the election shall be on the same day throughout the U. S." were added after the words "transmitting their votes"

N. H. ay. Mas. no. C^t ay. N. J. no. P^a ay. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo.--ay.

On a question on the sentence in clause (4) "if such number be a majority of that of the Electors appointed"

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N.C. no. S. C. ay. Geo. ay.

On a question on the clause referring the eventual appointment of the President to the Senate

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. V^a ay. N. C. no. Here the call ceased.

M^r Madison made a motion requiring 2/3 at least of the Senate to be present at the choice of a President. M^r Pinkney 2^{ded} the motion.

M^r Gorham thought it a wrong principle to require more than a majority in any case. In the present case it might prevent for a long time any choice of a President. On the question moved by M^r M. and M^r P.

N. H. ay. Mas. abs^t. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Williamson suggested as better than an eventual choice by the Senate, that this choice should be made by the Legislature, voting by States and not per capita.

M^r Sherman suggested the "House of Rep^s" as preferable to the Legislature, and moved accordingly,

To strike out the words "The Senate shall immediately choose &c." and insert "The House of Representatives shall immediately choose by ballot one of them for President, the members from each State having one vote."

Col: Mason liked the latter mode best as lessening the aristocratic influence of the Senate.

On the motion of M^r Sherman

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Gov^r Morris suggested the idea of providing that in all cases, the President in office, should not be one of the five Candidates; but be only re-eligible in case a majority of the electors should vote for him. (This was another expedient for rendering the President independent of the Legislative body for his continuance in office.)

M^r Madison remarked that as a majority of members w^d make a quorum in the H. of Rep^s it would follow from the amendment of M^r Sherman giving the election to a majority of States, that the President might be elected by two States only, Virg^a & Pen^a which have 18 members, if these States alone should be present.

On a motion that the eventual election of Presid^t in case of an equality of the votes of the electors be referred to the House of Rep^s

N. H. ay. Mas. ay. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r King moved to add to the amendment of M^r Sherman "But a quorum for this purpose shall consist of a member or members from two thirds of the States, and also of a majority of the whole number of the House of Representatives."

Col: Mason liked it as obviating the remark of M^r Madison--The motion as far as "States" inclusive was ag^d to. On the residue to wit, "and also of a majority of the whole number of the House of Reps^s." it passed in the negative.

N. H. no. Mas. ay. C^t ay. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. no. Geo. no.

The Report relating to the appointment of the Executive stands as amended, as follows.

"He shall hold his office during the term of four years, and together with the vice-President, chosen for the same term, be elected in the following manner.

Each State shall appoint in such manner as its Legislature may direct, a number of electors equal to the whole number of Senators and members of the House of Representatives, to which the State may be entitled in the Legislature:

But no person shall be appointed an Elector who is a member of the Legislature of the U. S. or who holds any office of profit or trust under the U. S.

The Electors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves; and they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the Seat of the General Government, directed to the President of the Senate.

The President of the Senate shall in the presence of the Senate and House of Representatives open all the certificates & 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, the Representation from each State having one vote. But if no person have a majority, then from the five highest on the list, the House of Representatives shall in like manner choose by ballot the President. In the choice of a President by the House of Representatives, a Quorum shall consist of a member or members from two thirds of the States, ([56]and the concurrence of a majority of all the States shall be necessary to such choice.)--And in every case after the choice of the President, the person having the greatest number of votes of the Electors shall be the vice-president: But, if there should remain two or more who have equal votes, the Senate shall choose from them the vice-President.[57]

[56] NOTE.--This clause was not inserted on this day, but on the 7^{th}. of Sep^r--See Friday the 7^{th}.--Madison's Note.

[57] September 6 Madison wrote to Jefferson (cipher represented by italics): "... As the Convention will shortly rise I should feel little scruple in disclosing what will be public here, before it could reach you, were it practicable for me to guard by Cypher against an intermediate discovery. But I am deprived of this resource by the shortness of the interval between the receipt of your letter of June 20 and the date of this. This is the first day which has been free from Committee service, both before & after the hours of the House, and the last that is allowed me by the time advertised for the sailing of the packet.

"The Convention consists now as it has generally done of Eleven States. There has been no intermission of its Sessions since a house was formed, except an interval of about ten days allowed a Committee appointed to detail the general propositions agreed on in the House. The term of its dissolution cannot be more than one or two weeks distant. A Gover^{mt} will probably be submitted to the people of the States, consisting of a President, cloathed with Executive power; a Senate chosen by the Legislatures, and another House chosen by the people of the States, jointly possessing the Legislative power; and a regular Judiciary establishment. The mode of constituting the Executive is among the few points not yet finally settled. The Senate will consist of two members from each State, and appointed sexennially. The other, of members, appointed biennially by the people of the States, in proportion to their number. The Legislative power will extend to taxation, trade, and sundry other general matters. The powers of Congress will be distributed, according to their nature, among the several departments. The States will be restricted from paper money and in a few other instances. These are the outlines. The extent of them may perhaps surprize you. I hazard an opinion nevertheless that the plan, should it be adopted, will neither effectually answer its national object, nor prevent the local mischiefs which everywhere excite disgusts ag^{st} the State Governments. The grounds of this opinion will be the subject of a future letter.

"I have written to a friend in Cong^s intimating in a covert manner the necessity of deciding & notifying the intentions of Cong^s with regard to their foreign Ministers after May next, and have dropped a hint on the communications of Dumas.

"Congress have taken some measures for disposing of the public land, and have actually sold a considerable tract. Another bargain I learn is on foot for a further sale.

"Nothing can exceed the universal anxiety for the event of the meeting here. Reports and conjectures abound concerning the nature of the plan which is to be proposed. The public however is certainly in the dark with regard to it. The Convention is equally in the dark as to the reception w^{ch} may be given to it on its publication. All the prepossessions are on the right side, but it may well be expected that certain characters will wage war against any reform whatever. My own idea is that the public mind will now or in a very little time receive anything that promises stability to the public Councils & security to private rights, and that no regard ought to be had to local prejudices or temporary considerations. If the present moment be lost, it is hard to say what may be our fate.

"Our information from Virginia is far from being agreeable. In many parts of the Country the drought has been extremely injurious to the Corn. I fear, tho' I have no certain information, that Orange & Albemarle share in the distress. The people also are said to be generally discontented. A paper emission is again a topic among them, so is an instalment of all debts in some places and the making property a tender in others. The taxes are another source of discontent. The weight of them is complained of, and the abuses in collecting them still more so. In several Counties the prisons & Court Houses & Clerks' offices have been wilfully burnt. In Green Briar the course of Justice has been mutinously stopped, and associations entered into ag^{st} the payment of taxes. No other County has yet followed the example. The approaching meeting of the Assembly will probably allay the discontents on one side by measures which will excite them on another.

"Mr. Wythe has never returned to us. His lady whose illness carried him away, died some time after he got home. The other deaths, in Virg^a are Col. A. Cary and a few days ago, Mrs. Harrison, wife of Benj^n Harrison, Jun^r, & sister of J. F. Mercer. Wishing you all happiness.

"I remain, Dear sir, Y^{rs} affect^{ly}.

"Give my best wishes to Mazzei. I have rec^d his letter & book and will write by the next packet to him. Dorhman is still in V^a Cong^s have done nothing for him in his affair. I am not sure that 9 St^s have been assembled of late. At present, it is doubtful whether there are seven."--Mad. MSS.

The Legislature may determine the time of choosing the Electors, and of their giving their votes; and the manner of certifying and transmitting their votes--But the election shall be on the same day through-out the U. States."

Adjourned.

FRIDAY SEP^R 7[58] 1787. IN CONVENTION

[58] The following letter was received on this day from Jonas Phillips, a Jew in Philadelphia:

"SIRES

"With leave and submission I address myself To those in whome there is wisdom understanding and knowledge. They are the honourable personages appointed and Made overseers of a part of the terrestrial globe of the Earth, Namely the 13 united states of america in Convention Assembled, the Lord preserve them amen--

"I the subscriber being one of the people called Jews of the City of Philadelphia, a people scattered and despersed among all nations do behold with Concern that among the laws in the Constitution of Pennsylvania their is a Clause Sect. 10 to viz--I do belive in one God the Creature and governour of the universe the Rewarder of the good and the punisher of the wicked--and I do acknowledge the scriptures of the old and New testement to be given by a devine inspiration--to swear and believe that the new testement was given by devine inspiration is absolutly against the Religious principle of a Jew and is against his Conscience to take any such oath--By the above law a Jew is deprived of holding any publick office or place of Government which is a Contridectory to the bill of Right Sect 2. viz

"That all men have a natural and unalienable Right To worship almighty God according to the dectates of their own Conscience and understanding, and that no man aught or of Right can be compelled to attend any Religious Worship or Erect or support any place of worship or Maintain any minister contrary to or against his own free will and Consent nor Can any man who acknowledges the being of a God be Justly deprived or abridged of any Civil Right as a Citizen on account of his Religious sentiments or peculiar mode of Religious Worship, and that no authority Can or aught to be vested in or assumed by any power what ever that shall in any Case interfere or in any manner Controul the Right of Conscience in the free Exercise of Religious Worship--

"It is well known among all the Citizens of the 13 united States that the Jews have been true and faithfull whigs, and during the late Contest with England they have been foremost in aiding and assisting the States with their lifes and fortunes, they have supported the Cause, have bravely faught and bleed for liberty which they Can not Enjoy--

Therefore if the honourable Convention shall in ther Wisdom think fit and alter the said oath and leave out the words to viz--and I do acknowledge the scripture of the new testeraent to be given by devine inspiration then the Israeletes will think them self happy to live under a government where all Religious societys are on an Eaquel footing--I solecet this favour for my self my Childreen and posterity and for the benefit of all the Israeletes through the 13 united States of america.

"My prayers is unto the Lord. May the people of this States Rise up as a great and young lion, May they prevail against their Enemies, May the degrees of honour of his Excellencey the president of the Convention George Washington, be Extollet and Raise up. May Every one speak of his glorious Exploits. May God prolong his days among us in this land of Liberty--May he lead the armies against his Enemys as he has done hereuntofore--May God Extend peace unto the united States--May they get up to the highest Prosperetys--May God Extend peace to them and their Seed after them so long as the Sun and moon Endureth--and may the almighty God of our father Abraham Isaac and Jacob endue this Noble Assembly with wisdom Judgement and unamity in their Councells, and may they have the Satisfaction to see that their present toil and labour for the wellfair of the united States may be approved of, Through all the world and perticular by the united States of america is the ardent prayer of Sires.

"Your Most devoted obe^d Servant

"JONAS PHILLIPS

"Philadelphia 24^{th} Ellul 5547 or Sep^r 7^{th}. 1787"--Const. MSS.

The mode of constituting the Executive being resumed, M^r Randolph moved, to insert in the first section of the report made yesterday

"The Legislature may declare by law what officer of the U. S. shall act as President in case of the death, resignation, or disability of the President and Vice-President; and such officer shall act accordingly until the time of electing a President shall arrive."

M^r Madison observed that this, as worded, would prevent a supply of the vacancy by an intermediate election of the President, and moved to substitute--"until such disability be removed, or a President shall be elected.[59] M^r Gov^r Morris 2^{ded} the motion, which was agreed to.

[59] In the printed Journal this amendment is put into the original motion.--Madison's Note.

It seemed to be an objection to the provision with some, that according to the process established for chusing the Executive, there would be difficulty in effecting it at other than the fixed periods; with others, that the Legislature was restrained in the temporary appointment to "officers" of the U. S.: They wished it to be at liberty to appoint others than such.

On the Motion of M^r Randolph as amended, it passed in the affirmative.

N. H. divided. Mas. no. C^t no. N. J. ay. P^a ay. Del. no. M^d ay. V^a ay. N. C. no. S. C. ay. Geo. ay.

M^r Gerry moved "that in the election of President by the House of Representatives, no State shall vote by less than three members, and where that number may not be allotted to a State, it shall be made up by its Senators; and a concurrence of a majority of all the States shall be necessary to make such choice." Without some such provision five individuals might possibly be competent to an election; these being a majority of two thirds of the existing number of States; and two thirds being a quorum for this business.

M^r Madison 2^{ded} the motion.

M^r Read observed that the States having but one member only in the House of Rep^s would be in danger of having no vote at all in the election: the sickness or absence either of the Representative or one of the Senators would have that effect.

M^r Madison replied that, if one member of the House of Representatives should be left capable of voting for the State, the states having one Representative only would still be subject to that danger. He thought it an evil that so small a number at any rate should be authorized to elect. Corruption would be greatly facilitated by it. The mode itself was liable to this further weighty objection that the representatives of a Minority of the people, might reverse the choice of a majority of the States and of the people. He wished some cure for this inconveniency might yet be provided.

M^r Gerry withdrew the first part of his motion; and on the, Question on the 2^d part viz: "and a concurrence of a majority of all the States shall be necessary to make such choice" to follow the words "a member or members from two thirds of the States"--It was agreed to nem: con:

The section 2. (see Sep^r 4) requiring that the President should be a natural-born Citizen &c., & have been resident for fourteen years, & be thirty five years of age, was agreed to nem: con:

Section 3 (see Sep^r 4). "The vice President shall be ex-officio President of the Senate"

M^r Gerry opposed this regulation. We might as well put the President himself at the head of the Legislature. The close intimacy that must subsist between the President & vice-president makes it absolutely improper. He was ag^{st} having any vice President.

M^r Gov^r Morris. The vice President then will be the first heir apparent that ever loved his father. If there should be no vice president, the President of the Senate would be temporary successor, which would amount to the same thing.

M^r Sherman saw no danger in the case. If the vice-President were not to be President of the Senate, he would be without employment, and some member by being made President must be deprived of his vote, unless when an equal division of votes might happen in the Senate, which would be but seldom.

M^r Randolph concurred in the opposition to the clause.

M^r Williamson, observed that such an officer as vice-President was not wanted. He was introduced only for the sake of a valuable mode of election which required two to be chosen at the same time.

Col: Mason, thought the office of vice-President an encroachment on the rights of the Senate; and that it mixed too much the Legislative & Executive, which as well as the Judiciary departments, ought to be kept as separate as possible. He took occasion to express his dislike of any reference whatever of the power to make appointments, to either branch of the Legislature. On the other hand he was averse to vest so dangerous a power in the President alone. As a method for avoiding both, he suggested that a privy Council of six members to the president should be established; to be chosen for six years by the Senate, two out of the Eastern two out of the middle, and two out of the Southern quarters of the Union, & to go out in rotation two every second year; the concurrence of the Senate to be required only in the appointment of Ambassadors, and in making treaties, which are more of a legislative nature. This would prevent the constant sitting of the Senate which he thought dangerous, as well as keep the departments separate & distinct. It would also save the expence of constant sessions of the Senate. He had he said always considered the Senate as too unwieldy & expensive for appointing officers, especially the smallest, such as tide waiters &c. He had not reduced his idea to writing, but it could be easily done if it should be found acceptable.

On the question shall the vice President be ex officio President of the Senate?

N. H. ay. Mas. ay. C^t ay. N. J. no. P^a ay. Del. ay. Mar. no. V^a ay. N. C. abs^t. S. C. ay. Geo. ay.

The other parts of the same Section (3) were then agreed to.

The Section 4.--to wit. "The President by & with the advice and consent of the Senate shall have power to make Treaties &c."

M^r Wilson moved to add after the word "Senate" the words, "and House of Representatives." As treaties he said are to have the operation of laws, they ought to have the sanction of laws also. The circumstance of secrecy in the business of treaties formed the only objection; but this he thought, so far as it was inconsistent with obtaining the Legislative sanction, was outweighed by the necessity of the latter.

M^r Sherman thought the only question that could be made was whether the power could be safely trusted to the Senate. He thought it could; and that the necessity of secrecy in the case of treaties forbade a reference of them to the whole Legislature.

M^r Fitzimmons 2^{ded} the motion of M^r Wilson, & on the question

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. no. S. C. no. Geo. no.

The first sentence as to making treaties was then Agreed to; nem: con:

"He shall nominate &c. Appoint Ambassadors &c."

M^r Wilson objected to the mode of appointing, as blending a branch of the Legislature with the Executive. Good laws are of no effect without a good Executive; and there can be no good Executive without a responsible appointment of officers to execute. Responsibility is in a manner destroyed by such an agency of the Senate. He would prefer the council proposed by Col: Mason, provided its advice should not be made obligatory on the President.

M^r Pinkney was against joining the Senate in these appointments, except in the instances of Ambassadors who he thought ought not to be appointed by the President.

M^r Gov^r Morris said that as the President was to nominate, there would be responsibility, and as the Senate was to concur, there would be security. As Congress now make appointments there is no responsibility.

M^r Gerry. The idea of responsibility in the nomination to offices is Chimerical. The President cannot know all characters, and can therefore always plead ignorance.

M^r King. As the idea of a Council proposed by Col. Mason has been supported by M^r Wilson, he would remark that most of the inconveniences charged on the Senate are incident to a Council of Advice. He differed from those who thought the Senate would sit constantly. He did not suppose it was meant that all the minute officers were to be appointed by the Senate, or any other original source, but by the higher officers of the departments to which they belong. He was of opinion also that the people would be alarmed at an unnecessary creation of new Corps which must increase the expence as well as influence of the Government.

On the question on these words in the clause viz--"He shall nominate & by & with the advice and consent of the Senate, shall appoint ambassadors, and other public ministers (and consuls) Judges of the Supreme Court". Agreed to nem: con: the insertion of "and consuls" having first taken place.

On the question on the following words "And all other officers of U.S."

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. ay.

On motion of M^r Spaight--"that the President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting Commissions which shall expire at the end of the next Session of the Senate." It was agreed to nem: con:

Section 4. "The President by and with the advice and consent of the Senate shall have power to make Treaties,--But no treaty shall be made without the consent of two thirds of the members present"--this last clause being before the House.

M^r Wilson thought it objectionable to require the concurrence of 2/3 which puts it into the power of a minority to controul the will of a majority.

M^r King concurred in the objection; remarking that as the Executive was here joined in the business, there was a check which did not exist in Congress where the concurrence of 2/3 was required.

M^r Madison moved to insert after the word "treaty" the words "except treaties of peace" allowing these to be made with less difficulty than other treaties--It was agreed to nem: con:

M^r Madison then moved to authorize a concurrence of two thirds of the Senate to make treaties of peace, without the concurrence of the President.--The President he said would necessarily derive so much power and importance from a state of war that he might be tempted if authorized, to impede a treaty of peace. M^r Butler 2^{ded} the motion.

M^r Gorham thought the precaution unnecessary as the means of carrying on the war would not be in the hands of the President, but of the Legislature.

M^r Gov^r Morris thought the power of the President in this case harmless; and that no peace ought to be made without the concurrence of the President, who was the general Guardian of the National interests.

M^r Butler was strenuous for the motion, as a necessary security against ambitious & corrupt Presidents. He mentioned the late perfidious policy of the Statholder in Holland; and the artifices of the Duke of Marlbro' to prolong the war of which he had the management.

M^r Gerry was of opinion that in treaties of peace a greater rather than less proportion of votes was necessary, than in other treaties. In Treaties of peace the dearest interests will be at stake, as the fisheries, territory &c. In treaties of peace also there is more danger to the extremities of the Continent of being sacrificed, than on any other occasions.

M^r Williamson thought that Treaties of peace should be guarded at least by requiring the same concurrence as in other Treaties.

On the motion of M^r Madison & M^r Butler

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a no. N. C. no. S. C. ay. Geo. ay.

On the part of the clause concerning treaties amended by the exception as to Treaties of peace,

N. H. ay. Mas. ay. C^t ay. N. J. no. P^a no. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. no.

"and may require the opinion in writing of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices," being before the House

Col: Mason[60] said that in rejecting a Council to the President we were about to try an experiment on which the most despotic Government had never ventured. The Grand Signor himself had his Divan. He moved to postpone the consideration of the clause in order to take up the following.

[60] In the printed Journal, M^r Madison is erroneously substituted for Col: Mason.--Madison's Note.

"That it be an instruction to the Committee of the States to prepare a clause or clauses for establishing an Executive Council, as a Council of State for the President of the U. States, to consist of six members, two of which from the Eastern, two from the middle, and two from the Southern States, with a Rotation and duration of office similar to those of the Senate; such Council to be appointed by the Legislature or by the Senate."

Doctor Franklin 2^{ded} the motion. We seemed he said too much to fear cabals in appointments by a number, and to have too much confidence in those of single persons. Experience shewed that caprice, the intrigues of favorites & mistresses, were nevertheless the means most prevalent in monarchies. Among instances of abuse in such modes of appointment, he mentioned the many bad Governors appointed in G. B. for the Colonies. He thought a Council would not only be a check on a bad President but be a relief to a good one.

M^r Gov^r Morris. The question of a Council was considered in the Committee, where it was judged that the Presid^t by persuading his Council to concur in his wrong measures, would acquire their protection for them.

M^r Wilson approved of a Council in preference to making the Senate a party to appointm^{ts}.

M^r Dickinson was for a Council. It w^d be a singular thing if the measures of the Executive were not to undergo some previous discussion before the President.

M^r Madison was in favor of the instruction to the Committee proposed by Col: Mason.

The motion of M^r Mason was negatived.

May^d ay. S. C. ay. Geo. ay.--N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. V^a no. N. C. no.

On the question, "authorizing the President to call for the opinions of the Heads of Departments, in writing": it passed in the affirmative N. H. only being no.[61]

[61] Not so stated in the printed Journal; but conformable to the result afterwards appearing.--Madison's Note.

The clause was then unanimously agreed to--

M^r Williamson & M^r Spaight moved "that no Treaty of peace affecting Territorial rights sh^d be made without the concurrence of two thirds of the members of the Senate present."

M^r King. It will be necessary to look out for securities for some other rights, if this principle be established; he moved to extend the motion--"to all present rights of the U. States."

Adjourned.

SATURDAY SEPTEMBER 8^{TH} IN CONVENTION

The last Report of the Committee of Eleven (see Sep^r 4) was resumed.

M^r King moved to strike out the "exception of Treaties of peace" from the general clause requiring two thirds of the Senate for making Treaties.

M^r Wilson wished the requisition of two thirds to be struck out altogether. If the majority cannot be trusted, it was a proof, as observed by M^r Ghorum, that we were not fit for one Society.

A reconsideration of the whole clause was agreed to.

M^r Gov^r Morris was ag^{st} striking out the "exception of Treaties of peace." If two thirds of the Senate should be required for peace, the Legislature will be unwilling to make war for that reason, on account of the Fisheries or the Mississippi, the two great objects of the Union. Besides, if a majority of the Senate be for peace, and are not allowed to make it, they will be apt to effect their purpose in the more disagreeable mode, of negativing the supplies for the war.

M^r Williamson remarked that Treaties are to be made in the branch of the Gov^t where there may be a majority of the States without a majority of the people. Eight men may be a majority of a quorum, & should not have the power to decide the conditions of peace. There would be no danger, that the exposed States, as S. Carolina or Georgia, would urge an improper war for the Western Territory.

M^r Wilson. If two thirds are necessary to make peace, the minority may perpetuate war, against the sense of the majority.

M^r Gerry enlarged on the danger of putting the essential rights of the Union in the hands of so small a number as a majority of the Senate, representing perhaps, not one fifth of the people. The Senate will be corrupted by foreign influence.

M^r Sherman was ag^{st} leaving the rights established by the Treaty of peace, to the Senate, & moved to annex a proviso that no such rights sh^d be ceded without the sanction of the Legislature.

M^r Gov^r Morris seconded the ideas of M^r Sherman.

M^r Madison observed that it had been too easy in the present Congress, to make Treaties altho' nine States were required for the purpose.

On the question for striking "except Treaties of peace"

N. H. ay. Mass. ay. C^t ay. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Wilson & M^r Dayton move to strike out the clause requiring two thirds of the Senate for making Treaties; on which,

N. H. no. Mas. no. C^t div^d. N. J. no. P^a no. Del. ay. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Rutlidge & M^r Gerry moved that "no Treaty be made without the consent of 2/3 of all the members of the Senate"--according to the example in the present Cong^s.

M^r Ghorum. There is a difference in the case, as the President's consent will also be necessary in the new Gov^t.

On the question

N. H. no. Mass. no. (M^r Gerry ay.) C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. ay. S. C. ay. Geo. ay.

M^r Sherman mov^d that no Treaty be made without a Majority of the whole number of the Senate. M^r Gerry seconded him.

M^r Williamson. This will be less security than 2/3 as now required.

M^r Sherman. It will be less embarrassing.

On the question, it passed in the negative.

N. H. no. Mass. ay. C^t ay. N. J. no. P^a no. Del. ay. M^d no. V^a no. N. C. no. S. C. ay. Geo. ay.

M^r Madison moved that a Quorum of the Senate consist of 2/3 of all the members.

M^r Gov^r Morris--This will put it in the power of one man to break up a Quorum.

M^r Madison. This may happen to any Quorum.

On the Question it passed in the negative.

N. H. no. Mass. no. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Williamson & M^r Gerry mov^d "that no Treaty sh^d be made with^t previous notice to the members, & a reasonable time for their attending."

On the Question

All the States no; except N. C. S. C. & Geo. ay.

On a question on clause of the Report of the Com^e of Eleven relating to Treaties by 2/3 of the Senate.

All the States were ay.--except P^a N. J. & Geo. no.

M^r Gerry mov^d that "no officer be app^d but to offices created by the Constitution or by law."--This was rejected as unnecessary by six no's & five ays:

The Ayes. Mass. C^t N. J. N. C. Geo.--Noes. N. H. P^a Del. M^d V^a S. C.

The clause referring to the Senate, the trial of impeachments ag^{st} the President, for Treason & bribery, was taken up.

Col. Mason. Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined. As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend the power of impeachments. He mov^d to add, after "bribery" "or maladministration." M^r Gerry seconded him.

M^r Madison. so vague a term will be equivalent to a tenure during pleasure of the Senate.

M^r Gov^r Morris, it will not be put in force & can do no harm. An election of every four years will prevent maladministration.

Col. Mason withdrew "maladministration" & substitutes "other high crimes & misdemesnors ag^{st} the State."

On the question thus altered

N. H. ay. Mass. ay. C^t ay. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay.[62] Geo. ay.

[62] In the printed Journal, S. Carolina, no.--Madison's Note.

M^r Madison objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circumstances was made improperly dependent. He would prefer the Supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part.

M^r Gov^r Morris thought no other tribunal than the Senate could be trusted. The supreme Court were too few in number and might be warped or corrupted. He was ag^{st} a dependence of the Executive on the Legislature, considering the Legislative tyranny the great danger to be apprehended; but there could be no danger that the Senate would say untruly on their oaths that the President was guilty of crimes or facts, especially as in four years he can be turned out.

M^r Pinkney disapproved of making the Senate the Court of impeachments, as rendering the President too dependent on the Legislature. If he opposes a favorite law, the two Houses will combine ag^{st} him, and under the influence of heat and faction throw him out of office.

M^r Williamson thought there was more danger of too much lenity than of too much rigour towards the President, considering the number of cases in which the Senate was associated with the President.

M^r Sherman regarded the Supreme Court as improper to try the President, because the Judges would be appointed by him.

On motion of M^r Madison to strike out the words--"by the Senate" after the word "conviction"

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. no. S. C. no. Geo. no.

In the amendment of Col: Mason just agreed to, the word "State" after the words "misdemeanors against," was struck out, and the words "United States," inserted unanimously, in order to remove ambiguity.

On the question to agree to clause as amended,

N. H. ay. Mas. ay. Cont. ay. N. J. ay. P^a no. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

On motion "The vice-President and other Civil officers of the U. S. shall be removed from office on impeachment and conviction as aforesaid" was added to the clause on the subject of impeachments.

The clause of the report made on the 5^{th} Sep^r & postponed was taken up to wit--"All bills for raising revenue shall originate in the House of Representatives; and shall be subject to alterations and amendments by the Senate. No money shall be drawn from the Treasury but in consequence of appropriations made by law."

It was moved to strike out the words "and shall be subject to alterations and amendments by the Senate" and insert the words used in the Constitution of Massachusetts on the same subject--"but the Senate may propose or concur with amendments as in other bills" which was agreed too nem: con:

On the question On the first part of the clause--"All bills for raising revenue shall originate in the House of Representatives"[63]

[63] This was a conciliatory vote, the effect of the compromise formerly alluded to. See Note Wednesday Sep^r 5.--Madison's Note.

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Gov^r Morris moved to add to clause (3) of the report made on Sep^r 4. the words "and every member shall be on oath" which being agreed to, and a question taken on the clause so amended viz--"The Senate of the U. S. shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present; and every member shall be on oath"

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a no. Del.--ay. M^d ay. V^a no. N. C. ay. S. C. ay. Geo. ay.

M^r Gerry repeated his motion above made on this day, in the form following: "The Legislature shall have the sole right of establishing offices not heretofore provided for" which was again negatived: Mas. Con^t & Geo. only being ay.

M^r M^cHenry observed that the President had not yet been any where authorized to convene the Senate, and moved to amend Art X. sect. 2. by striking out the words "he may convene them (the Legislature) on extraordinary occasions," & insert, "He may convene both or either of the Houses on extraordinary occasions." This he added would also provide for the case of the Senate being in Session, at the time of convening the Legislature.

M^r Wilson said he should vote ag^{st} the motion, because it implied that the senate might be in Session, when the Legislature was not, which he thought improper.

On the question

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. ay. S. C. no. Geo. ay.

A Committee was then appointed by Ballot to revise the stile of and arrange the articles which had been agreed to by the House. The committee consisted of M^r Johnson, M^r Hamilton, M^r Gov^r Morris, M^r Madison and M^r King.

M^r Williamson moved that, previous to this work of the Committee the clause relating to the number of the House of Representatives sh^d be reconsidered for the purpose of increasing the number.

M^r Madison 2^{ded} the Motion.

M^r Sherman opposed it he thought the provision on that subject amply sufficient.

Col: Hamilton expressed himself with great earnestness and anxiety in favor of the motion. He avowed himself a friend to a vigorous Government, but would declare at the same time, that he held it essential that the popular branch of it should be on a broad foundation. He was Seriously of opinion that the House of Representatives was on so narrow a scale as to be really dangerous, and to warrant a jealousy in the people for their liberties. He remarked that the connection between the President & Senate would tend to perpetuate him, by corrupt influence. It was the more necessary on this account that a numerous representation in the other branch of the Legislature should be established.

On the motion of M^r Williamson to reconsider, it was negatived[64]

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. no.

[64] This motion & vote are entered on the Printed journal of the ensuing morning.--Madison's Note.

Adj^d.

MONDAY SEP^R 10. 1787 IN CONVENTION[65]

[65] "There is said to be a disposition generally prevalent thro' this state to comply with y^e plan of y^e convention without much scrutiny, Hervey, who has been in Albemarle lately, says y^t Nicholas is determined to support it however contrary it may be to his own opinions. I am persuaded that those who sacrifice solid and permanent advantages in this plan, to their idea of the transitory disposition of the people, will condemn themselves hereafter."--James McClurg to Madison, September 10, 1787.--Mad. MSS.

M^r Gerry moved to reconsider Art XIX. viz. "On the application of the Legislatures of two thirds of the States in the Union, for an amendment of this Constitution, the Legislature of the U. S. shall call a Convention for that purpose," (see Aug 6).

This constitution he said is to be paramount to the State Constitutions. It follows hence, from this article that two thirds of the States may obtain a Convention, a majority of which can bind the Union to innovations that may subvert the State Constitutions altogether. He asked whether this was a situation proper to be run into.

M^r Hamilton 2^{ded} the motion, but he said with a different view from M^r Gerry. He did not object to the consequences stated by M^r Gerry. There was no greater evil in subjecting the people of the U.S. to the major voice than the people of a particular State. It had been wished by many and was much to have been desired that an easier mode of introducing amendments had been provided by the articles of the Confederation. It was equally desirable now that an easy mode should be established for supplying defects which will probably appear in the new System. The mode proposed was not adequate. The State Legislatures will not apply for alterations but with a view to increase their own powers. The National Legislature will be the first to perceive and will be most sensible to the necessity of amendments, and ought also to be empowered, whenever two thirds of each branch should concur to call a Convention. There could be no danger in giving this power, as the people would finally decide in the case.

M^r Madison remarked on the vagueness of the terms, "call a Convention for the purpose," as sufficient reason for reconsidering the article. How was a Convention to be formed? by what rule decide? what the force of its acts?

On the motion of M^r Gerry to reconsider

N. H. div^d. Mas. ay. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Sherman moved to add to the article "or the Legislature may propose amendments to the several States for their approbation, but no amendments shall be binding until consented to by the several States."

M^r Gerry 2^{ded} the motion.

M^r Wilson moved to insert, "two thirds of" before the words "several States"--on which amendment to the motion of M^r Sherman

N. H. ay. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

M^r Wilson then moved to insert "three fourths of" before "the several Sts." which was agreed to nem: con:

M^r Madison moved to postpone the consideration of the amended proposition in order to take up the following,

"The Legislature of the U. S. whenever two thirds of both Houses shall deem necessary, or on the application of two thirds of the Legislatures of the several States, shall propose amendments to this Constitution, which shall be valid to all intents and purposes as part thereof, when the same shall have been ratified by three fourths at least of the Legislatures of the several States, or by Conventions in three fourths thereof, as one or the other mode of ratification may be proposed by the Legislature of the U.S:"

M^r Hamilton 2^{ded} the motion.

M^r Rutlidge said he never could agree to give a power by which the articles relating to slaves might be altered by the States not interested in that property and prejudiced against it. In order to obviate this objection, these words were added to the proposition:[66] "provided that no amendments which may be made prior to the year 1808 shall in any manner affect the 4 & 5 sections of the VII article."--The postponement being agreed to,

[66] The Printed Journal makes the succeeding proviso as to sections 4 & 5, of the art: VII moved by M^r Rutlidge, part of the proposition of M^r Madison.--Madison's Note.

On the question on the proposition of M^r Madison & M^r Hamilton as amended

N. H. div^d. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Gerry moved to reconsider Art: XXI and XXII. from the latter of which "for the approbation of Cong^s" had been struck out. He objected to proceeding to change the Government without the approbation of Congress, as being improper and giving just umbrage to that body: He repeated his objections also to an annulment of the confederation with so little scruple or formality.

M^r Hamilton concurred with M^r Gerry as to the indecorum of not requiring the approbation of Congress. He considered this as a necessary ingredient in the transaction. He thought it wrong also to allow nine States as provided by Art XXI. to institute a new Government on the ruins of the existing one. He w^d propose as a better modification of the two articles (XXI & XXII) that the plan should be sent to Congress in order that the same if approved by them, may be communicated to the State Legislatures, to the end that they may refer it to State conventions; each Legislature declaring that if the Convention of the State should think the plan ought to take effect among nine ratifying States, the same sh^d take effect accordingly.

M^r Gorham. Some States will say that nine States shall be sufficient to establish the plan, others will require unanimity for the purpose. And the different and conditional ratifications will defeat the plan altogether.

M^r Hamilton. No Convention convinced of the necessity of the plan will refuse to give it effect on the adoption by nine States. He thought this mode less exceptionable than the one proposed in the article, while it would attain the same end.

M^r Fitzimmons remarked that the words "for their approbation" had been struck out in order to save Congress from the necessity of an Act inconsistent with the Articles of Confederation under which they held their authority.

M^r Randolph declared, if no change should be made in this part of the plan, he should be obliged to dissent from the whole of it. He had from the beginning he said been convinced that radical changes in the system of the Union were necessary. Under this conviction he had brought forward a set of republican propositions as the basis and outline of a reform. These Republican propositions had however, much to his regret, been widely, and, in his opinion, irreconcileably departed from. In this state of things it was his idea and he accordingly meant to propose, that the State Conventions sh^d be at liberty to offer amendments to the plan; and that these should be submitted to a second General Convention, with full power to settle the Constitution finally. He did not expect to succeed in this proposition, but the discharge of his duty in making the attempt, would give quiet to his own mind.

M^r Wilson was against a reconsideration for any of the purposes which had been mentioned.

M^r King thought it would be more respectful to Congress to submit the plan generally to them; than in such a form as expressly and necessarily to require their approbation or disapprobation. The assent of nine States he considered as sufficient; and that it was more proper to make this a part of the Constitution itself, than to provide for it by a supplemental or distinct recommendation.

M^r Gerry urged the indecency and pernicious tendency of dissolving in so slight a manner, the solemn obligations of the articles of confederation. If nine out of thirteen can dissolve the compact. Six out of nine will be just as able to dissolve the new one hereafter.

M^r Sherman was in favor of M^r King's idea of submitting the plan generally to Congress. He thought nine States ought to be made sufficient: but that it would be best to make it a separate act and in some such form as that intimated by Col: Hamilton, than to make it a particular article of the Constitution.

On the question for reconsidering the two articles, XXI & XXII--

N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. ay.

M^r Hamilton then moved to postpone art XXI in order to take up the following, containing the ideas he had above expressed, viz

Resolved that the foregoing plan of a Constitution be transmitted to the U. S. in Congress assembled, in order that if the same shall be agreed to by them, it may be communicated to the Legislatures of the several States, to the end that they may provide for its final ratification by referring the same to the Consideration of a Convention of Deputies in each State to be chosen by the people thereof, and that it be recommended to the said Legislatures in their respective acts for organizing such convention to declare, that if the said Convention shall approve of the said Constitution, such approbation shall be binding and conclusive upon the State, and further that if the said Convention should be of opinion that the same upon the assent of any nine States thereto, ought to take effect between the States so assenting, such opinion shall thereupon be also binding upon such a State, and the said Constitution shall take effect between the States assenting thereto.

M^r Gerry 2^{ded} the motion.

M^r Wilson. This motion being seconded, it is necessary now to speak freely. He expressed in strong terms his disapprobation of the expedient proposed, particularly the suspending the plan of the Convention on the approbation of Congress. He declared it to be worse than folly to rely on the concurrence of the Rhode Island members of Cong^s in the plan. Maryland has voted on this floor; for requiring the unanimous assent of the 13 States to the proposed change in the federal System. N. York has not been represented for a long time past in the Convention. Many individual deputies from other States have spoken much against the plan. Under these circumstances can it be safe to make the assent of Congress necessary. After spending four or five months in the laborious & arduous task of forming a Government for our Country, we are ourselves at the close throwing insuperable obstacles in the way of its success.

M^r Clymer thought that the mode proposed by M^r Hamilton would fetter & embarrass Cong^s as much as the original one, since it equally involved a breach of the articles of Confederation.

M^r King concurred with M^r Clymer. If Congress can accede to one mode, they can to the other. If the approbation of Congress be made necessary, and they should not approve, the State Legislatures will not propose the plan to Conventions; or if the States themselves are to provide that nine States shall suffice to establish the System, that provision will be omitted, every thing will go into confusion, and all our labor be lost.

M^r Rutlidge viewed the matter in the same light with M^r King.

On the question to postpone in order to take up Col: Hamilton's motion

N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

A Question being then taken on the article XXI. It was agreed to unanimously.

Col: Hamilton withdrew the remainder of the motion to postpone art. XXII, observing that his purpose was defeated by the vote just given.

M^r Williamson & M^r Gerry moved to re-instate the words "for the approbation of Congress" in Art: XXII. which was disagreed to nem: con:

M^r Randolph took this opportunity to state his objections to the System. They turned on the Senate's being made the Court of Impeachment for trying the Executive--on the necessity of 3/4 instead of 2/3 of each house to overrule the negative of the President--on the smallness of the number of the Representative branch,--on the want of limitation to a standing army--on the general clause concerning necessary and proper laws--on the want of some particular restraint on navigation acts--on the power to lay duties on exports--on the authority of the General Legislature to interpose on the application of the Executives of the States--on the want of a more definite boundary between the General & State Legislatures--and between the General and State Judiciaries--on the unqualified power of the President to pardon treasons--on the want of some limit to the power of the Legislature in regulating their own compensations. With these difficulties in his mind, what course he asked was he to pursue? Was he to promote the establishment of a plan which he verily believed would end in Tyranny? He was unwilling he said to impede the wishes and Judgment of the Convention, but he must keep himself free, in case he should be honored with a seat in the Convention of his State, to act according to the dictates of his judgment. The only mode in which his embarrassments could be removed, was that of submitting the plan to Cong^s to go from them to the State Legislatures, and from these to State Conventions having power to adopt reject or amend; the process to close with another General Convention with full power to adopt or reject the alterations proposed by the State Conventions, and to establish finally the Government. He accordingly proposed a Resolution to this effect.

Doc^r Franklin 2^{ded} the motion.

Col: Mason urged & obtained that the motion should lie on the table for a day or two to see what steps might be taken with regard to the parts of the system objected to by M^r Randolph.

M^r Pinkney moved "that it be an instruction to the Committee for revising the stile and arrangement of the articles agreed on, to prepare an address to the people, to accompany the present Constitution, and to be laid with the same before the U. States in Congress."

[67]The motion itself was referred to the Committee nem: con:

[67]M^r Randolph moved to refer to the Committee also a motion relating to pardons in cases of Treason--which was agreed to nem: con:

[67] These motions are not entered in the printed Journal.--Madison's Note.

Adjourned.

TUESDAY SEP^R 11. 1787. IN CONVENTION

The Report of the Committee of stile & arrangement not being made & being waited for,

The House Adjourned.

WEDNESDAY SEP^R 12. 1787. IN CONVENTION

Doc^r Johnson from the Committee of stile &c. reported a digest of the plan, of which printed copies were ordered to be furnished to the members. He also reported a letter to accompany the plan, to Congress.[68]

[68] A note by Madison in the text says: "(here insert a transcript of the former from the annexed sheet as printed and of the latter from the draft as finally agreed to,)" and his footnote says: "This is a literal copy of the printed Report. The Copy in the printed Journal contains some of the alterations subsequently made in the House." No transcript of the report was, however, made by Madison, but the printed copy is among his papers. It is a large folio of four pages printed on one side of each page, and is accurately reproduced here. Madison's copy is marked by him: "as reported by Com^e of revision, or stile and arrangement Sep^r 12." The report is, in fact, correctly printed in the Journal of the Federal Convention, 351, et seq., Madison's statement to the contrary being an error. General Bloomfield furnished Brearley's copy to John Quincy Adams, and he printed it without the alterations and amendments which Brearley had made. The extent of Brearley's alterations and amendments may be seen in the copy printed in the Documentary History of the Constitution, i., 362, et seq.

WE, THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM a more perfect union, to establish justice, insure domestic tranquility, 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.

Sect. 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Sect. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to servitude for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every forty thousand, but each state shall have at least one representative: and until such enumeration shall be made, the state of New-Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York, six, New-Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North-Carolina five, South-Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the Executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their Speaker and other officers; and they shall have the sole power of impeachment.

Sect. 3. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years: and each senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided[69] as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year: and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any state, the Executive thereof may make temporary appointments until the next meeting of the Legislature.

[69] The words, "by lot," were not in the Report as printed; but were inserted in manuscript, as a typographical error, departing from the text of the Report referred to the Committee of style & arrangement.--Marginal note by Madison.

No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The Vice-President of the United States shall be, ex officio,[70] President of the senate, but shall have no vote, unless they be equally divided.

[70] Ex officio struck out in Madison's copy.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Sect. 4. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof: but the Congress may at any time by law make or alter such regulations.

The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

Sect. 5. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.

Each house may determine the rules of its proceedings; punish its members for disorderly behaviour, 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.

Sect. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been encreased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.

Sect. 7. The enacting stile of the laws shall be, "Be it enacted by the senators and representatives in Congress assembled."

All bills for raising revenue shall originate in the house of representatives: but the senate may propose or concur with amendments as on other bills.

Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States. If he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be 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[71] three-fourths[72] of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

[71] In the entry of this Report in the printed Journal "two-thirds" are substituted for "three-fourths." This change was made after the Report was received.--Madison's Note. This is a mistake. The printed Journal has it "three fourths."

[72] A marginal note says "two thirds."

Sect. 8. The Congress may by joint ballot appoint a treasurer. They shall have power

To lay and collect taxes, duties, imposts and excises; to pay the debts and provide for the common defence and general welfare of the United States.[73]

[73] "but all duties imposts & excises shall be uniform throughout the U. States," interlined by Madison.

To borrow money on the credit of the United States.

To regulate commerce with foreign nations, among the several states, and with the Indian tribes.

To establish 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[74] offences against the law of nations.

[74] (punish) a typographical omission.--Madison's Note.

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 appropriations 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 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.

Xx. Xxi. Xxii (part 2)

Sect. 9. The migration or importation of such persons as the several states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

No bill of attainder shall be passed, nor any ex post facto law.

No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken.[75]

[75] "No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another--nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another," interlined by Madison.

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

No money shall be drawn from the treasury, but in consequence of appropriations made by law.

No title of nobility shall be granted by the United States. And no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

Sect. 10. No state shall coin money, nor emit bills of credit, nor make anything but gold or silver coin a tender in payment of debts, nor pass any bill of attainder, nor ex post facto laws, nor laws altering or impairing the obligation of contracts; nor grant letters of marque and reprisal, nor enter into any treaty, alliance, or confederation, nor grant any title of nobility.

No state shall, without the consent of Congress, lay imposts or duties on imports or exports, nor with such consent, but to the use of the treasury of the United States.[76][77] Nor keep troops nor ships of war in time of peace, nor enter into any agreement or compact with another state, nor with any foreign power. Nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so iminent, as not to admit of delay until the Congress can be consulted.

[76] provided that no State shall be restrained from imposing the usual duties on produce exported from such State for the sole purpose of defraying the charges of inspecting packing storing & indemnifying the losses on such produce while in the custody of public officers. But all such regulations shall in case of abuse be subject to the revision & controul of Congress.--Marginal note by Madison.

[77] "No State shall without the consent of Congress," interlined by Madison.

II.

Sect. 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, altogether with the vice-president, chosen for the same term, be elected in the following manner:

Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in Congress: but no senator or representative shall be appointed an elector, nor any person holding an office of trust or profit under the United States.

The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the senate. The president of the senate shall in the presence of the senate and house of representatives open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately chuse by ballot one of them for president; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states and not per capita,[78] the representation from each state having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president by the representatives,[79] the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president.

[78] "and not per capita" struck out by Madison.

[79] "by the representatives" struck out by Madison.

The Congress may determine the time of chusing the electors, and the time in[80] which they shall give their votes; but the election shall be on the same day[81] throughout the United States.

[80] The words "day on" substituted by Madison.

[81] "but the election shall be on the same day" struck out & "which day shall be the same" inserted by Madison.

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or the period for chusing another president arrive.[82]

[82] "the period for chusing another president arrive" struck out and "a president be chosen" inserted by Madison.

The president shall, at stated times, receive a fixed compensation for his services, which shall neither be encreased nor diminished during the period for which he shall have been elected.

Before he enter on the execution of his office, he shall take the following oath or affirmation: "I ----, do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my judgment and power, preserve, protect and defend the constitution of the United States."

Sect. 2. The president shall be commander in chief of the army and navy of the United States, and of the militia of the several States: 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, when called into the actual service of the United States,[83] and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

[83] It so appears in the printed copy, but the clause "when called into the actual service of the United States" was intended to follow immediately after "militia of the several States."

He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for.

The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.

Sect. 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient: he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall receive ambassadors and other public ministers: he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Sect. 4. The president, vice-president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.

III.

Sect. 1. The judicial power of the United States, both in law and equity, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Sect. 2. The judicial power shall extend to all cases, both in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. To all cases affecting ambassadors, other public ministers and consuls. To all cases of admiralty and maritime jurisdiction. To controversies to which the United States shall be a party. To controversies between two or more States; between a state and citizens of another state; between citizens of different States; between citizens of the same state claiming lands under grants of different States, and between a state, or the citizens thereof, and foreign States, citizens or subjects.

In cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all 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 not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Sect. 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood nor forfeiture, except during the life of the person attainted.

IV.

Sect. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

Sect. 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled be delivered up, and removed to the state having jurisdiction of the crime.

No person legally held to service or labour in one state, escaping into another, shall in consequence of regulations subsisting therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labour may be due.

Sect. 3. New states may be admitted by the Congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States: and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

Sect. 4. The United States shall guarantee to every state in this union a Republican form of government, and shall protect each of them against invasion; and on application of the legislature or executive, against domestic violence.

V.

The Congress, whenever two-thirds of both houses shall deem necessary, or on the application of two-thirds[84] of the legislatures[85] of the several states, shall propose amendments to this constitution, which shall be valid to all intents and purposes, as part thereof, when the same shall have been ratified by three-fourths at least of[86] the legislatures[87] of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year 1808 shall in any manner affect the ----[88] and[89] ---- section[90] of[91] article.

[84] "of two thirds" struck out by Madison.

[85] "of two-thirds" inserted by Madison.

[86] "three-fourths at least of" struck out by Madison.

[87] "of three-fourths" inserted by Madison.

[88] "1 & 4 clauses in the 9" inserted by Madison.

[89] "and" struck out by Madison.

[90] Changed to "sections" by Madison.

[91] "the first" inserted by Madison.

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 beforementioned, 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.

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.

LETTER.[92]

[92] The draft of the letter accompanied the draft of the Constitution, but was not printed with it. The Journal says (Sept. 12): "The draft of a letter to Congress being at the same time reported, was read once throughout; and afterwards agreed to by paragraphs." (Const. MSS. and Journal, p. 367.) The draft is in the handwriting of Gouverneur Morris and was undoubtedly prepared by him. It was turned over to Washington by Jackson with the other papers of the convention. The draft of the Constitution must have been among those papers he destroyed. Probably it too was written by Morris. The letter having been accepted September 12, was printed with the final Constitution September 17. It does not appear to have caused debate.

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 & 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 foederal Government of these States to secure all Rights of independent Sovereignty to each and yet provide for the Interest and Safety of all. Individuals entering into Society must give up a Share of Liberty to preserve the Rest. The Magnitude of the Sacrifice must depend as well on Situation and Circumstances as on the Object to be obtained. It is at all times difficult to draw with Precision the Line between those Rights which must be surrendered and those which may be reserved. And on the present Occasion this Difficulty was increased by a Difference among the several States as to their Situation Extent Habits and particular Interests.

In all our Deliberations on this Subject we kept steadily in our View that which 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 in Points of inferior Magnitude than might have been otherwise expected. And thus the Constitution which we now present is the Result of a Spirit of Amity and of that mutual Deference & 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 Interests been alone consulted the Consequences might have been particularly disagreable 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--

M^r Williamson moved to reconsider the clause requiring three fourths of each House to overrule the negative of the President, in order to strike out 3/4 and insert 2/3. He had he remarked himself proposed 3/4 instead of 2/3, but he had since been convinced that the latter proportion was the best. The former puts too much in the power of the President.

M^r Sherman was of the same opinion; adding that the States would not like to see so small a minority and the President, prevailing over the general voice. In making laws regard should be had to the sense of the people, who are to be bound by them, and it was more probable that a single man should mistake or betray this sense than the Legislature.

M^r Gov^r Morris. Considering the difference between the two proportions numerically, it amounts in one House to two members only; and in the others to not more than five; according to the numbers of which the Legislature is at first to be composed. It is the interest moreover of the distant States to prefer 3/4 as they will be oftenest absent and need the interposing check of the President. The excess rather than the deficiency, of laws was to be dreaded. The example of N. York shews that 2/3 is not sufficient to answer the purpose.

M^r Hamilton added his testimony to the fact that 2/3 in N. York had been ineffectual either where a popular object, or a legislative faction operated; of which he mentioned some instances.

M^r Gerry. It is necessary to consider the danger on the other side also. 2/3 will be a considerable, perhaps a proper security. 3/4 puts too much in the power of a few men. The primary object of the revisionary check in the President is not to protect the general interest, but to defend his own department. If 3/4 be required, a few Senators having hopes from the nomination of the President to offices, will combine with him and impede proper laws. Making the vice-President Speaker increases the danger.

M^r Williamson was less afraid of too few than of too many laws. He was most of all afraid that the repeal of bad laws might be rendered too difficult by requiring 3/4 to overcome the dissent of the President.

Col: Mason had always considered this as one of the most exceptionable parts of the System. As to the numerical argument of M^r Gov^r Morris, little arithmetic was necessary to understand that 3/4 was more than 2/3, whatever the numbers of the Legislature might be. The example of New York depended on the real merits of the laws. The Gentlemen citing it, had no doubt given their own opinions. But perhaps there were others of opposite opinions who could equally paint the abuses on the other side. His leading view was to guard against too great an impediment to the repeal of laws.

M^r Gov^r Morris dwelt on the danger to the public interest from the instability of laws, as the most to be guarded against. On the other side there could be little danger. If one man in office will not consent where he ought, every fourth year another can be substituted. This term was not too long for fair experiments. Many good laws are not tried long enough to prove their merit. This is often the case with new laws opposed to old habits. The Inspection laws of Virginia & Maryland to which all are now so much attached were unpopular at first.

M^r Pinkney was warmly in opposition to 3/4 as putting a dangerous power in the hands of a few Senators headed by the President.

M^r Madison. When 3/4 was agreed to, the President was to be elected by the legislature and for seven years. He is now to be elected by the people and for four years. The object of the revisionary power is two fold. 1. to defend the Executive rights 2. to prevent popular or factious injustice. It was an important principle in this & in the State Constitutions to check legislative injustice and encroachments. The Experience of the States had demonstrated that their checks are insufficient. We must compare the danger from the weakness of 2/3 with the danger from the strength of 3/4. He thought on the whole the former was the greater. As to the difficulty of repeals it was probable that in doubtful cases the policy would soon take place of limiting the duration of laws so as to require renewal instead of repeal.

The reconsideration being agreed to. On the question to insert 2/3 in place of 3/4.

N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. no. M^d ay. M^r McHenry no. V^a no. Gen^l Washington M^r Blair, M^r Madison no. Col. Mason, M^r Randolph ay. N. C. ay. S. C. ay. Geo. ay.

M^r Williamson, observed to the House that no provision was yet made for juries in Civil cases and suggested the necessity of it.

M^r Gorham. It is not possible to discriminate equity cases from those in which juries are proper. The Representatives of the people may be safely trusted in this matter.

M^r Gerry urged the necessity of Juries to guard ag^{st} corrupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries.

Col: Mason perceived the difficulty mentioned by M^r Gorham. The jury cases cannot be specified. A general principle laid down on this and some other points would be sufficient. He wished the plan had been prefaced with a Bill of Rights, & would second a Motion if made for the purpose. It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours.

M^r Gerry concurred in the idea & moved for a Committee to prepare a Bill of Rights. Col: Mason 2^{ded} the motion.

M^r Sherman, was for securing the rights of the people where requisite. The State Declarations of Rights are not repealed by this Constitution; and being in force are sufficient. There are many cases where juries are proper which cannot be discriminated. The Legislature may be safely trusted.

Col: Mason. The laws of the U. S. are to be paramount to State Bills of Rights. On the question for a Com^e to prepare a Bill of Rights

N. H. no. Mas. abs^t. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

The Clause relating to exports being reconsidered, at the instance of Col: Mason, who urged that the restriction on the States would prevent the incidental duties necessary for the inspection & safekeeping of their produce, and be ruinous to the Staple States, as he called the five Southern States, he moved as follows--"provided nothing herein contained shall be construed to restrain any State from laying duties upon exports for the sole purpose of defraying the charges of inspecting, packing, storing and indemnifying the losses in keeping the commodities in the care of public officers, before exportation." In answer to a remark which he anticipated, to wit, that the States could provide for these expences, by a tax in some other way, he stated the inconveniency of requiring the Planters to pay a tax before the actual delivery for exportation.

M^r Madison 2^{ded} the motion. It would at least be harmless; and might have the good effect of restraining the States to bona fide duties for the purpose, as well as of authorizing explicitly such duties; tho' perhaps the best guard against an abuse of the power of the States on this subject, was the right in the Gen^l Government to regulate trade between State & State.

M^r Gov^r Morris saw no objection to the motion. He did not consider the dollar per Hhd laid on Tob^o in Virg^a as a duty on exportation, as no drawback would be allowed on Tob^o taken out of the Warehouse for internal consumption.

M^r Dayton was afraid the proviso w^d enable Pennsylv^a to tax N. Jersey under the idea of Inspection duties of which Pen^a would Judge.

M^r Gorham & M^r Langdon, thought there would be no security if the proviso sh^d be agreed to, for the States exporting thro' other States, ag^{st} these oppressions of the latter. How was redress to be obtained in case duties should be laid beyond the purpose expressed?

M^r Madison. There will be the same security as in other cases. The jurisdiction of the supreme Court must be the source of redress. So far only had provision been made by the plan ag^{st} injurious acts of the States. His own opinion was, that this was sufficient. A negative on the State laws alone could meet all the shapes which these could assume. But this had been overruled.

M^r Fitzimmons. Incidental duties on Tob^o & flour never have been & never can be considered as duties on exports.

M^r Dickinson. Nothing will save the States in the situation of N. Hampshire N. Jersey Delaware &c. from being oppressed by their neighbors, but requiring the assent of Cong^s to inspection duties. He moved that this assent sh^d accordingly be required.

M^r Butler 2^{ded} the motion.

Adjourned.

THURSDAY SEP^R 13. 1787. IN CONVENTION

Col. Mason.[93] He had moved without success for a power to make sumptuary regulations. He had not yet lost sight of his object. After descanting on the extravagance of our manners, the excessive consumption of foreign superfluities, and the necessity of restricting it, as well with oeconomical as republican views, he moved that a Committee be appointed to report articles of association for encouraging by the advice the influence and the example of the members of the Convention, oeconomy frugality and american manufactures.

[93] The dissensions among the Virginia delegates had leaked out, for Joseph Jones, Fredericksburg, September 13, 1787, wrote to Madison that a rumor of their disagreement was current in Virginia.--Chicago Historical Society MSS.

Doc^r Johnson 2^{ded} the motion which was without debate agreed to, nem: con: and a Committee appointed, consisting of Col: Mason, Doc^r Franklin, M^r Dickenson, Doc^r Johnson and M^r Livingston.[94]

[94] This motion, & appointment of the Co[~m]ittee, not in the printed Journal. No report was made by the Com^e--Madison's Note.

Col: Mason renewed his proposition of yesterday on the subject of inspection laws, with an additional clause giving to Congress a controul over them in case of abuse--as follows:

"Provided that no State shall be restrained from imposing the usual duties on produce exported from such State, for the sole purpose of defraying the charges of inspecting, packing, storing, and indemnifying the losses on such produce, while in the custody of public officers: but all such regulations shall in case of abuse, be subject to the revision and controul of Congress."

There was no debate & on the question

N. H. ay. Mas. ay. C^t ay. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. ay.

The Report from the committee of stile & arrangement, was taken up, in order to be compared with the articles of the plan as agreed to by the House & referred to the Committee, and to receive the final corrections and sanction of the Convention.

Art: 1, sect. 2. On motion of M^r Randolph the word "servitude" was struck out, and "service" unanimously[95] inserted, the former being thought to express the condition of slaves, & the latter the obligations of free persons.

[95] See page 372 of the printed Journal.--Madison's Note.

M^r Dickenson & M^r Wilson moved to strike out, "and direct taxes," from sect. 2, art. 1, as improperly placed in a clause relating merely to the Constitution of the House of Representatives.

M^r Gov^r Morris. The insertion here was in consequence of what had passed on this point; in order to exclude the appearance of counting the negroes in the Representation. The including of them may now be referred to the object of direct taxes, and incidentally only to that of Representation.

On the motion to strike out "and direct taxes" from this place

N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. no.

Art. 1, sect. 7.--"if any bill shall not be returned by the president within ten days (sundays excepted) after it shall have been presented to him &c."

M^r Madison moved to insert between "after" and "it" in sect. 7, Art. 1 the words "the day on which," in order to prevent a question whether the day on which the bill be presented ought to be counted or not as one of the ten days.

M^r Randolph 2^{ded} the motion.

M^r Governe^r Morris. The amendment is unnecessary. The law knows no fractions of days.

A number of members being very impatient & calling for the question

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.--

Doc^r Johnson made a further report from the Committee of stile &c. of the following resolutions to be substituted for 22 & 23 articles.

"Resolved that the preceding Constitution be laid before the U. 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 & ratification; & that each Convention assenting & ratifying the same should give notice thereof to the U. S. in Cong^s 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 U. S. in Cong^s assembled should fix a day on which electors should be appointed by the States which shall have ratified the same; and a day on which the Electors should assemble to vote for the President; and the time and place for commencing proceedings under this Constitution--That after such publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the day fixed for the election of the President, and should transmit their votes certified signed, sealed and directed, as the Constitution requires, to the Secretary of the U. States in Cong^s assembled: that the Senators and Representatives should convene at the time & place assigned: that the Senators should appoint a President 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."

Adjourned.

FRIDAY SEP^R 14^{TH}. 1787. IN CONVENTION

The Report of the Committee of stile & arrangement being resumed,

M^r Williamson moved to reconsider in order to increase the number of Representatives fixed for the first Legislature. His purpose was to make an addition of one half generally to the number allotted to the respective States; and to allow two to the smallest States.

On this motion

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. no.

Art. I. sect. 3. the words "by lot"[96] were struck out nem: con: on motion of M^r Madison, that some rule might prevail in the rotation that would prevent both the members from the same State from going out at the same time.

[96] "By lot" had been reinstated from the Report of five Aug. 6. as a correction of the printed report by the Com^e of stile & arrangement.--Madison's Note.

"Ex officio" struck out of the same section as superfluous; nem: con; and "or affirmation" after "oath" inserted also unanimously.

M^r Rutlidge and M^r Gov^r Morris moved "that persons impeached be suspended from their office until they be tried and acquitted."

M^r Madison. The President is made too dependent already on the Legislature by the power of one branch to try him in consequence of an impeachment by the other. This intermediate suspension, will put him in the power of one branch only. They can at any moment, in order to make way for the functions of another who will be more favorable to their views, vote a temporary removal of the existing magistrate.

M^r King concurred in the opposition to the amendment.

On the question to agree to it

N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del.no. M^d no. V^a no. N. C. no. S. C. ay. Geo. ay.

Art. I. sect. 4. "except as to the places of choosing Senators" was added nem: con: to the end of the first clause, in order to exempt the seats of Gov^t in the States from the power of Congress.

Art. I. Sect. 5. "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."

Col: Mason & M^r Gerry moved to insert after the word "parts," the words "of the proceedings of the Senate" so as to require publication of all the proceedings of the House of Representatives.

It was intimated on the other side that cases might arise where secrecy might be necessary in both Houses. Measures preparatory to a declaration of war in which the House of Rep^s was to concur, were instanced.

On the question, it passed in the negative.

N. H. no. (Rh. I. abs.) Mas. no. Con: no,(N. Y. abs.) N. J. no. Pen. ay. Del. no. Mary. ay. Virg. no. N. C. ay. S. C. div^d. Geor. no.

M^r Baldwin observed that the clause, Art. I. Sect. 6. declaring that no member of Cong^s "during the time for which he was elected, shall be appointed to any Civil office under the authority of the U. S. which shall have been created, or the emoluments whereof shall have been increased during such time," would not extend to offices created by the Constitution; and the salaries of which would be created, not increased by Cong^s at their first session. The members of the first Cong^s consequently might evade the disqualification in this instance.--He was neither seconded nor opposed; nor did any thing further pass on the subject.

Art. I. Sect. 8. The Congress "may by joint ballot appoint a Treasurer"

M^r Rutlidge moved to strike out this power, and let the Treasurer be appointed in the same manner with other officers.

M^r Gorham & M^r King said that the motion, if agreed to, would have a mischievous tendency. The people are accustomed & attached to that mode of appointing Treasurers, and the innovation will multiply objections to the system.

M^r Gov^r Morris remarked that if the Treasurer be not appointed by the Legislature, he will be more narrowly watched, and more readily impeached.

M^r Sherman. As the two Houses appropriate money, it is best for them to appoint the officer who is to keep it; and to appoint him as they make the appropriation, not by joint but several votes.

Gen^l Pinkney. The Treasurer is appointed by joint ballot in South Carolina. The consequence is that bad appointments are made, and the Legislature will not listen to the faults of their own officer.

On the motion to strike out

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. ay. S. C. ay. Geo. ay.

Art I sect. 8. "but all such duties imposts & excises, shall be uniform throughout the U. S." were unanimously annexed to the power of taxation.

To define & punish piracies and felonies on the high seas, and "punish" offences against the law of nations.

M^r Gov^r Morris moved to strike out "punish" before the words "offences ag^{st} the law of nations," so as to let these be definable as well as punishable, by virtue of the preceding member of the sentence.

M^r Wilson hoped the alteration would by no means be made. To pretend to define the law of nations which depended on the authority of all the civilized nations of the world, would have a look of arrogance, that would make us ridiculous.

M^r Gov^r Morris. The word define is proper when applied to offences in this case; the law of nations being often too vague and deficient to be a rule.

On the question to strike out the word "punish" it passed in the affirmative

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d no. V^a no. N. C. ay. S. C. ay. Geo. no.

Doc^r Franklin moved[97] to add after the words "post roads" Art. I. Sect. 8. "a power to provide for cutting canals where deemed necessary."

[97] This motion by D^r Franklin not stated in the printed Journal, as are some other motions.--Madison's Note.

Wilson 2^{ded} the motion.

M^r Sherman objected. The expence in such cases will fall on the U. States, and the benefit accrue to the places where the canals may be cut.

M^r Wilson. Instead of being an expence to the U. S. they may be made a source of revenue.

M^r Madison suggested an enlargement of the motion into a power "to grant charters of incorporation where the interest of the U. S. might require & the legislative provisions of individual States may be incompetent." His primary object was however to secure an easy communication between the States which the free intercourse now to be opened, seemed to call for. The political obstacles being removed, a removal of the natural ones as far as possible ought to follow. M^r Randolph 2^{ded} the proposition.

M^r King thought the power unnecessary.

M^r Wilson. It is necessary to prevent a State from obstructing the general welfare.

M^r King. The States will be prejudiced and divided into parties by it. In Philad^a & New York. It will be referred to the establishment of a Bank, which has been a subject of contention in those Cities. In other places it will be referred to mercantile monopolies.

M^r Wilson mentioned the importance of facilitating by canals, the communication with the Western settlements. As to Banks he did not think with M^r King that the power in that point of view would excite the prejudices & parties apprehended. As to mercantile monopolies they are already included in the power to regulate trade.

Col: Mason was for limiting the power to the single case of Canals. He was afraid of monopolies of every sort, which he did not think were by any means already implied by the Constitution as supposed by M^r Wilson.

The motion being so modified as to admit a distinct question specifying & limited to the case of canals,

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. no. S. C. no. Geo. ay.

The other part fell of course, as including the power rejected.

M^r Madison & M^r Pinkney then moved to insert in the list of powers vested in Congress a power--"to establish an University, in which no preferences or distinctions should be allowed on account of Religion."

M^r Wilson supported the motion.

M^r Gov^r Morris. It is not necessary. The exclusive power at the Seat of Government, will reach the object.

On the question

N. H. no. Mas. no. Con^t div^d. D^r Johnson ay. M^r Sherman no. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. no.

Col: Mason, being sensible that an absolute prohibition of standing armies in time of peace might be unsafe, and wishing at the same time to insert something pointing out and guarding against the danger of them, moved to preface the clause (Art. 1 sect. 8) "To provide for organizing, arming and disciplining the militia &c." with the words "And that the liberties of the people may be better secured against the danger of standing armies in time of peace." M^r Randolph 2^{ded} the motion.

M^r Madison was in favor of it. It did not restrain Congress from establishing a military force in time of peace if found necessary; and as armies in time of peace are allowed on all hands to be an evil, it is well to discountenance them by the Constitution, as far as will consist with the essential power of the Gov^t on that head.

M^r Gov^r Morris opposed the motion as setting a dishonorable mark of distinction on the military class of Citizens.

M^r Pinkney & M^r Bedford concurred in the opposition.

On the question

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Mar^d no. V^a ay. N. C. no. S. C. no. Geo. ay.

Col: Mason moved to strike out from the clause (art. 1 sect 9.) "no bill of attainder nor any ex post facto law shall be passed" the words "nor any ex post facto law." He thought it not sufficiently clear that the prohibition meant by this phrase was limited to cases of a criminal nature, and no Legislature ever did or can altogether avoid them in Civil cases.

M^r Gerry 2^{ded} the motion but with a view to extend the prohibition to "civil cases," which he thought ought to be done.

On the question; all the States were--no.

M^r Pinkney & M^r Gerry, moved to insert a declaration "that the liberty of the Press should be inviolably observed."

M^r Sherman. It is unnecessary. The power of Congress does not extend to the Press. On the question, it passed in the negative

N. H.[98] no. Mas. ay. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. no. S. C. ay. Geo. no.

[98] In the printed Journal N. Hampshire ay.--Madison's Note.

Art 1. Sect. 9. "no capitation tax shall be laid, unless &c."

M^r Read moved to insert after "capitation" the words, "or other direct tax." He was afraid that some liberty might otherwise be taken to saddle the States, with a readjustment by this rule, of past requisitions of Cong^s--and that his amendment by giving another cast to the meaning would take away the pretext. M^r Williamson 2^{ded} the motion which was agreed to. On motion of Col: Mason "or enumeration" inserted after, as explanatory of "Census" Con. & S. C. only, no.[99]

[99] The words "Con. & S. C. only no" are in the handwriting of John C. Payne, Madison's brother-in-law.

At the end of the clause "no tax or duty shall be laid on articles exported from any State" was added the following amendment conformably to a vote on the [31] of [August] viz--no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to or from one State, be obliged to enter, clear or pay duties in another.

Col. Mason moved a clause requiring "that an Account of the public expenditures should be annually published" M^r Gerry 2^{ded} the motion,

M^r Gov^r Morris urged that this w^d be impossible in many cases.

M^r King remarked, that the term expenditures went to every minute shilling. This would be impracticable. Cong^s might indeed make a monthly publication, but it would be in such general statements as would afford no satisfactory information.

M^r Madison proposed to strike out "annually" from the motion & insert "from time to time," which would enjoin the duty of frequent publications and leave enough to the discretion of the Legislature. Require too much and the difficulty will beget a habit of doing nothing. The articles of Confederation require halfyearly publications on this subject. A punctual compliance being often impossible, the practice has ceased altogether.

M^r Wilson 2^{ded}. & supported the motion. Many operations of finance cannot be properly published at certain times.

M^r Pinkney was in favor of the motion.

M^r Fitzimmons. It is absolutely impossible to publish expenditures in the full extent of the term.

M^r Sherman thought "from time to time" the best rule to be given.

"Annual" was struck out--& those words--inserted nem: con:

The motion of Col: Mason so amended was then agreed to nem: con: and added after--"appropriations by law" as follows--"And a regular statement and account of the receipts & expenditures of all public money shall be published from time to time."

The first clause of Art. 1 Sect. 10--was altered so as to read--"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 & 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."

M^r Gerry entered into observations inculcating the importance of public faith, and the propriety of the restraint put on the States from impairing the obligation of contracts, alledging that Congress ought to be laid under the like prohibitions, he made a motion to that effect. He was not 2^{ded}.

Adjourned.

SATURDAY SEP^R 15^{TH}. 1787. IN CONVENTION

M^r Carrol reminded the House that no address to the people had yet been prepared. He considered it of great importance that such an one should accompany the Constitution. The people had been accustomed to such on great occasions, and would expect it on this. He moved that a Committee be appointed for the special purpose of preparing an address.

M^r Rutlidge objected on account of the delay it would produce and the impropriety of addressing the people before it was known whether Congress would approve and support the plan. Congress if an address be thought proper can prepare as good a one. The members of the Convention can also explain the reasons of what has been done to their respective Constituents.

M^r Sherman concurred in the opinion that an address was both unnecessary and improper.

On the motion of M^r Carrol

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C.[100] abs^t. S. C.[100] no. Geo. no.

[100] In the printed Journal N. Carolina no--S. Carol: omitted.--Madison's Note.

M^r Langdon. Some gentlemen have been very uneasy that no increase of the number of Representatives has been admitted. It has in particular been thought that one more ought to be allowed to N. Carolina. He was of opinion that an additional one was due both to that State and to Rho: Island, & moved to reconsider for that purpose.

M^r Sherman. When the Committee of eleven reported the apportionment--five Representatives were thought the proper share of N. Carolina. Subsequent information however seemed to entitle that State to another.

On the motion to reconsider

N. H. ay. Mas. no. C^t ay. N. J. no. Pen. div^d. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Langdon moved to add 1 member to each of the Representations of N. Carolina & Rho: Island.[101]

[101] The MS. official Journal says: "It was moved and seconded to"----and here finally ends, and the minutes for September 15 are crossed out (Const. MSS.). They are given in the printed Journal, and a note says the journal for that day and Monday was completed from minutes furnished by Madison (p. 379). October 22, 1818, Adams wrote to Madison asking him to complete the Journal. He replied from Montpelier, November 2:

"I have received your letter of 22 ult: and enclose such extracts from my notes relating to the two last days of the Constitution, as may fill in the chasm in the Journals, according to the mode in which the proceedings are recorded."--State Dept. MSS., Miscl. Letters.

Later (June 18, 1819) Adams sent him lists of yeas and nays, and he replied (Montpelier, June 27, 1819): "I return the list of yeas & nays in the Convention, with the blanks filled in according to your request, as far as I could do it by tracing the order of the yeas & nays & their coincidency with those belonging to successive questions in my papers."--Mad. MSS.

M^r King was ag^{st} any change whatever as opening the door for delays. There had been no official

proof that the numbers of N. C. are greater than before estimated, and he never could sign the Constitution if Rho: Island is to be allowed two members that is one fourth of the number allowed to Massts., which will be known to be unjust.

M^r Pinkney urged the propriety of increasing the number of Rep^s allotted to N. Carolina.

M^r Bedford contended for an increase in favor of Rho: Island, and of Delaware also it passed in the negative.

On the question for allowing two Rep^s to Rho: Island, it passed in the negative.

N. H. ay. Mas. no. C^t no. N. J. no. P^a no. Del. ay. M^d ay. V^a no. N. C. ay. S. C. no. Geo. ay.

On the question for allowing six to N. Carolina, it passed in the negative

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art 1. Sect. 10. (paragraph 2) "No State shall, without the consent of Congress lay imposts or duties on imports or exports; nor with such consent, but to the use of the Treasury of the U. States."

In consequence of the proviso moved by Col: Mason; and agreed to on the 13 Sep^r, this part of the section was laid aside in favor of the following substitute viz: "No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its Inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the U. S.; and all such laws shall be subject to the revision and controul of the Congress"

On a motion to strike out the last part "and all such laws shall be subject to the revision and controul of the Congress" it passed in the negative.

N. H. no. Mas. no. C^t no. N. J. no. P^a div^d. Del. no. M^d no. V^a ay. N. C. ay. S. C. no. Geo. ay.

The substitute was then agreed to; Virg^a alone being in the negative.

The remainder of the paragraph being under consideration--viz--"nor keep troops nor ships of war in time of peace, nor enter into any agreement or compact with another State, nor with any foreign power. Nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of delay, until Congress can be consulted."

M^r M^cHenry & M^r Carrol moved that "no State shall be restrained from laying duties of tonnage for the purpose of clearing harbours and erecting lighthouses."

Col. Mason in support of this explained and urged the situation of the Chesapeak which peculiarly required expences of this sort.

M^r Gov^r Morris. The States are not restrained from laying tonnage as the Constitution now stands. The exception proposed will imply the contrary, and will put the States in a worse condition than the gentleman (Col. Mason) wishes.

M^r Madison. Whether the States are now restrained from laying tonnage duties, depends on the extent of the power "to regulate commerce." These terms are vague, but seem to exclude this power of the States. They may certainly be restrained by Treaty. He observed that there were other objects for tonnage Duties as the support of seamen &c. He was more & more convinced that the regulation of Commerce was in its nature indivisible and ought to be wholly under one authority.

M^r Sherman. The power of the U. States to regulate trade being supreme can controul interferences of the State regulations when such interferences happen; so that there is no danger to be apprehended from a concurrent jurisdiction.

M^r Langdon insisted that the regulation of tonnage was an essential part of the regulation of trade, and that the States ought to have nothing to do with it. On motion "that no State shall lay any duty on tonnage without the consent of Congress."

N. H. ay. Mas. ay. C^t div^d. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. ay. Geo. no.

The remainder of the paragraph was then remoulded and passed as follows viz--"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."

Art II. sect. 1. (paragraph 6) "or the period for chusing another president arrive" were changed into "or a President shall be elected" conformably to a vote of the ---- of ----.

M^r Rutlidge and Doc^r Franklin moved to annex to the end of paragraph 7. Sect. 1. Art II--"and he (the President) shall not receive, within that period, any other emolument from the U. S. or any of them." on which question

N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. no. M^d ay. V^a ay. N. C. no. S. C. ay. Geo.--ay.

Art: II. Sect. 2. "he shall have power to grant reprieves and pardons for offences against the U. S. &c."

M^r Randolph moved to except "cases of treason." The prerogative of pardon in these cases was too great a trust. The President may himself be guilty. The Traitors may be his own instruments.

Col: Mason supported the motion.

M^r Gov^r Morris had rather there should be no pardon for treason, than let the power devolve on the Legislature.

M^r Wilson. Pardon is necessary for cases of treason, and is best placed in the hands of the Executive. If he be himself a party to the guilt he can be impeached and prosecuted.

M^r King thought it would be inconsistent with the Constitutional separation of the Executive & Legislative powers to let the prerogative be exercised by the latter. A Legislative body is utterly unfit for the purpose. They are governed too much by the passions of the moment. In Massachusetts, one assembly would have hung all the insurgents in that State: the next was equally disposed to pardon them all. He suggested the expedient of requiring the concurrence of the Senate in acts of Pardon.

M^r Madison admitted the force of objections to the Legislature, but the pardon of treasons was so peculiarly improper for the President that he should acquiesce in the transfer of it to the former, rather than leave it altogether in the hands of the latter. He would prefer to either an association of the Senate as a Council of advice, with the President.

M^r Randolph could not admit the Senate into a share of the power. The great danger to liberty lay in a combination between the President & that body.

Col: Mason. The Senate has already too much power. There can be no danger of too much lenity in legislative pardons, as the Senate must concur, & the President moreover can require 2/3 of both Houses.

On the motion of M^r Randolph

N. H. no.--Mas. no. C^t div^d. N. J. no. P^a no. Del. no. M^d no. V^a ay. N. C. no. S. C. no. Geo. ay.

Art II. Sect. 2. (paragraph 2) To the end of this, M^r Govern^r Morris moved to annex "but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the Courts of law, or in the heads of Departments." M^r Sherman 2^{ded} the motion.

M^r Madison. It does not go far enough if it be necessary at all. Superior officers below Heads of Departments ought in some cases to have the appointment of the lesser offices.

M^r Gov^r Morris. There is no necessity. Blank commissions can be sent--

On the motion

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a ay. Del. no. M^d div^d. V^a no. N. C. ay. S. C. no. Geo. no.

The motion being lost by an equal division of votes. It was urged that it be put a second time some such provision being too necessary to be omitted, and on a second question it was agreed to nem: con.

Art. II. Sect. 1. The words "and not per capita" were struck out as superfluous and the words "by the Representatives" also--as improper, the choice of President being in another mode as well as eventually by the House of Rep^s.

Art II. Sect. 2. After "officers of the U. S. whose appointments are not otherwise provided for," were added the words "and which shall be established by law."

Art III. Sect. 2. parag: 3. M^r Pinkney & M^r Gerry moved to annex to the end, "And a trial by jury shall be preserved as usual in civil cases."

M^r Gorham. The constitution of Juries is different in different States and the trial itself is usual in different cases in different States.

M^r King urged the same objections.

Gen^l Pinkney also. He thought such a clause in the Constitution would be pregnant with embarrassments.

The motion was disagreed to nem: con:

Art. IV. Sect. 2. parag: 3. the term "legally" was struck out, and "under the laws thereof" inserted after the word "State" in compliance with the wish of some who thought the term legal equivocal, and favoring the idea that slavery was legal in a moral view.

Art. IV. Sect 3. "New States may be admitted by the Congress into this Union: but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Cong^s."

M^r Gerry moved to insert after "or parts of States" the words "or a State and part of a State" which was disagreed to by a large majority; it appearing to be supposed that the case was comprehended in the words of the clause as reported by the Committee.

Art. IV. Sect. 4. After the word "Executive" were inserted the words "when the Legislature cannot be convened."

Art. V. "The Congress, whenever two thirds of both Houses shall deem necessary, or on the application of two thirds of the Legislatures of the several States shall propose amendments to this Constitution, which shall be valid to all intents and purposes as part thereof, when the same shall have been ratified by three fourths at least of the Legislatures of the several States, or by Conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided that no amendment which may be made prior to the year 1808 shall in any manner affect the 1 & 4 clauses in the 9. Section of article 1."

M^r Sherman expressed his fears that three fourths of the States might be brought to do things fatal to particular States, as abolishing them altogether or depriving them of their equality in the Senate. He thought it reasonable that the proviso in favor of the States importing slaves should be extended so as to provide that no State should be affected in its internal police, or deprived of its equality in the Senate.

Col: Mason thought the plan of amending the Constitution exceptionable & dangerous. As the proposing of amendments is in both the modes to depend, in the first immediately, and in the second ultimately, on Congress, no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive, as he verily believed would be the case.

M^r Gov^r Morris & M^r Gerry moved to amend the article so as to require a Convention on application of 2/3 of the Sts.

M^r Madison did not see why Congress would not be as much bound to propose amendments applied for by two thirds of the States as to call a Convention on the like application. He saw no objection however against providing for a Convention for the purpose of amendments, except only that difficulties might arise as to the form, the quorum &c. which in constitutional regulations ought to be as much as possible avoided.

The motion of M^r Gov^r Morris & M^r Gerry was agreed to nem: con: (see the first part of the article as finally past).

M^r Sherman moved to strike out of art. V. after "legislatures" the words "of three fourths" and so after the word "Conventions" leaving future Conventions to act in this matter, like the present Conventions according to circumstances.

On this motion

N. H. div^d. Mas. ay. C^t ay. N. J. ay. P^a no. Del. no. M^d no. V^a no. N. C. no. S. C. no. Geo--no.

M^r Gerry moved to strike out the words "or by Conventions in three fourths thereof." On this motion

N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman moved according to his idea above expressed to annex to the end of the article a further proviso "that no State shall without its consent be affected in its internal police, or deprived of its equal suffrage in the Senate."

M^r Madison. Begin with these special provisos, and every State will insist on them, for their boundaries, exports &c.

On the motion of M^r Sherman

N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman then moved to strike out art. V altogether.

M^r Brearley 2^{ded} the motion, on which

N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del div^d. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Gov^r Morris moved to annex a further proviso--"that no State, without its consent shall be deprived of its equal suffrage in the Senate."

This motion being dictated by the circulating murmurs of the small States was agreed to without debate, no one opposing it, or on the question, saying no.

Col: Mason expressing his discontent at the power given to Congress by a bare majority to pass navigation acts, which he said would not only enhance the freight, a consequence he did not so much regard--but would enable a few rich merchants in Philad^a N. York & Boston, to monopolize the Staples of the Southern States & reduce their value perhaps 50 Per C^t moved a further proviso that no law in the nature of a navigation act be passed before the year 1808, without the consent of 2/3 of each branch of the Legislature.

On this motion

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a ay. N. C. abs^t. S. C. no. Geo. ay.

M^r Randolph animadverting on the indefinite and dangerous power given by the Constitution to Congress, expressing the pain he felt at differing from the body of the Convention, on the close of the great & awful subject of their labours, and anxiously wishing for some accommodating expedient which would relieve him from his embarrassments, made a motion importing "that amendments to the plan might be offered by the State Conventions, which should be submitted to and finally decided on by another general Convention." Should this proposition be disregarded, it would he said be impossible for him to put his name to the instrument. Whether he should oppose it afterwards he would not then decide but he would not deprive himself of the freedom to do so in his own State, if that course should be prescribed by his final judgment.

Col: Mason 2^{ded} & followed M^r Randolph in animadversions on the dangerous power and structure of the Government, concluding that it would end either in monarchy, or a tyrannical aristocracy; which, he was in doubt, but one or other, he was sure. This Constitution had been formed without the knowledge or idea of the people. A second Convention will know more of the sense of the people, and be able to provide a system more consonant to it. It was improper to say to the people, take this or nothing. As the Constitution now stands, he could neither give it his support or vote in Virginia; and he could not sign here what he could not support there. With the expedient of another Convention as proposed, he could sign.

M^r Pinkney. These declarations from members so respectable at the close of this important scene, give a peculiar solemnity to the present moment. He descanted on the consequences of calling forth the deliberations & amendments of the different States on the subject of Government at large. Nothing but confusion & contrariety could spring from the experiment. The States will never agree in their plans, and the Deputies to a second Convention coming together under the discordant impressions of their Constituents, will never agree. Conventions are serious things, and ought not to be repeated. He was not without objections as well as others to the plan. He objected to the contemptible weakness & dependence of the Executive. He objected to the power of a majority only of Cong^s over Commerce. But apprehending the danger of a general confusion, and an ultimate decision by the sword, he should give the plan his support.

M^r Gerry stated the objections which determined him to withhold his name from the Constitution. 1. the duration and re-eligibility of the Senate. 2. the power of the House of Representatives to conceal their journals. 3. the power of Congress over the places of election. 4. the unlimited power of Congress over their own compensation. 5. Massachusetts has not a due share of Representatives allotted to her. 6. 3/5 of the Blacks are to be represented as if they were freemen. 7. Under the power over commerce, monopolies may be established. 8. The vice president being made head of the Senate. He could however he said get over all these, if the rights of the Citizens were not rendered insecure 1. by the general power of the Legislature to make what laws they may please to call necessary and proper. 2. raise armies and money without limit. 3. to establish a tribunal without juries, which will be a Star-chamber as to Civil cases. Under such a view of the Constitution, the best that could be done he conceived was to provide for a second general Convention.

On the question on the proposition of M^r Randolph. All the States answered no.

On the question to agree to the Constitution as amended. All the States ay.

The Constitution was then ordered to be engrossed. and the House adjourned.

MONDAY SEP^R 17. 1787. IN CONVENTION

The engrossed Constitution being read.

Doc^r Franklin rose with a speech in his hand, which he had reduced to writing for his own conveniency, and which M^r Wilson read in the words following.

M^r President

I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men indeed as well as most sects in Religion think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain french lady, who in a dispute with her sister, said "I don't know how it happens, Sister but I meet with nobody but myself, that is always in the right--Il n'y a que moi qui a toujours raison."

In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Constituents were to report the objections he has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favor among foreign nations as well as among ourselves, from our real or apparent unanimity. Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administered.

On the whole, Sir, I cannot help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.--He then moved that the Constitution be signed by the members and offered the following as a convenient form viz: "Done in Convention by the unanimous consent of the States present the 17^{th} of Sep^r &c.--In witness whereof we have hereunto subscribed our names."

This ambiguous form had been drawn up by M^r G. M. in order to gain the dissenting members, and put into the hands of Doc^r Franklin that it might have the better chance of success.

M^r Gorham said if it was not too late he could wish, for the purpose of lessening objections to the Constitution, that the clause declaring "the number of Representatives shall not exceed one for every forty thousand" which had produced so much discussion, might be yet reconsidered, in order to strike out 40,000 & insert "thirty thousand." This would not he remarked establish that as an absolute rule, but only give Congress a greater latitude which could not be thought unreasonable.

M^r King & M^r Carrol seconded & supported the ideas of M^r Gorham.

When the President rose, for the purpose of putting the question, he said that although his situation had hitherto restrained him from offering his sentiments on questions depending in the House, and it might be thought, ought now to impose silence on him, yet he could not forbear expressing his wish that the alteration proposed might take place. It was much to be desired that the objections to the plan recommended might be made as few as possible. The smallness of the proportion of Representatives had been considered by many members of the Convention an insufficient security for the rights & interests of the people. He acknowledged that it had always appeared to himself among the exceptionable parts of the plan, and late as the present moment was for admitting amendments, he thought this of so much consequence that it would give much satisfaction to see it adopted.[102]

[102] This was the only occasion on which the President entered at all into the discussions of the Convention.--Madison's Note.

No opposition was made to the proposition of M^r Gorham and it was agreed to unanimously.

On the question to agree to the Constitution enrolled in order to be signed. It was agreed to all the States answering ay.

M^r Randolph then rose and with an allusion to the observations of Doc^r Franklin apologized for his refusing to sign the Constitution notwithstanding the vast majority & venerable names that would give sanction to its wisdom and its worth. He said however that he did not mean by this refusal to decide that he should oppose the Constitution without doors. He meant only to keep himself free to be governed by his duty as it should be prescribed by his future judgment. He refused to sign, because he thought the object of the convention would be frustrated by the alternative which it presented to the people. Nine States will fail to ratify the plan and confusion must ensue. With such a view of the subject he ought not, he could not, by pledging himself to support the plan, restrain himself from taking such steps as might appear to him most consistent with the public good.

M^r Gov^r Morris said that he too had objections, but considering the present plan as the best that was to be attained, he should take it with all its faults. The majority had determined in its favor, and by that determination he should abide. The moment this plan goes forth all other considerations will be laid aside, and the great question will be, shall there be a national Government or not? and this must take place or a general anarchy will be the alternative. He remarked that the signing in the form proposed related only to the fact that the States present were unanimous.

M^r Williamson suggested that the signing should be confined to the letter accompanying the Constitution to Congress, which might perhaps do nearly as well, and would be found satisfactory to some members[103] who disliked the Constitution. For himself he did not think a better plan was to be expected and had no scruples against putting his name to it.

[103] He alluded to M^r Blount for one.--Madison's Note.

M^r Hamilton expressed his anxiety that every member should sign. A few characters of consequence, by opposing or even refusing to sign the Constitution, might do infinite mischief by kindling the latent sparks which lurk under an enthusiasm in favor of the Convention which may soon subside. No man's ideas were more remote from the plan than his own were known to be; but is it possible to deliberate between anarchy and Convulsion on one side, and the chance of good to be expected from the plan on the other.

M^r Blount[104] said he had declared that he would not sign, so as to pledge himself in support of the plan, but he was relieved by the form proposed and would without committing himself attest the fact that the plan was the unanimous act of the States in Convention.

[104] "Mr. Blount is a character strongly marked for integrity and honor. He has been twice a Member of Congress, and in that office discharged his duty with ability and faithfulness. He is no Speaker, nor does he possess any of those talents that make Men shine;--he is plain, honest, and sincere. Mr. Blount is about 36 years of age."--Pierce's Notes, Amer. Hist. Rev., iii., 329.

Doc^r Franklin expressed his fears from what M^r Randolph had said, that he thought himself alluded to in the remarks offered this morning to the House. He declared that when drawing up that paper he did not know that any particular member would refuse to sign his name to the instrument, and hoped to be so understood. He possessed a high sense of obligation to M^r Randolph for having brought forward the plan in the first instance, and for the assistance he had given in its progress, and hoped that he would yet lay aside his objections, and by concurring with his brethren, prevent the great mischief which the refusal of his name might produce.

M^r Randolph could not but regard the signing in the proposed form, as the same with signing the Constitution. The change of form therefore could make no difference with him. He repeated that in refusing to sign the Constitution he took a step which might be the most awful of his life, but it was dictated by his conscience, and it was not possible for him to hesitate, much less, to change. He repeated also his persuasion, that the holding out this plan with a final alternative to the people, of accepting or rejecting it in toto, would really produce the anarchy & civil convulsions which were apprehended from the refusal of individuals to sign it.

M^r Gerry described the painful feelings of his situation, and the embarrassments under which he rose to offer any further observations on the subject w^{ch}. had been finally decided. Whilst the plan was depending, he had treated it with all the freedom he thought it deserved. He now felt himself bound as he was disposed to treat it with the respect due to the Act of the Convention. He hoped he should not violate that respect in declaring on this occasion his fears that a Civil war may result from the present crisis of the U.S. In Massachusetts, particularly he saw the danger of this calamitous event--In that State there are two parties, one devoted to Democracy, the worst he thought of all political evils, the other as violent in the opposite extreme. From the collision of these in opposing and resisting the Constitution, confusion was greatly to be feared. He had thought it necessary, for this & other reasons that the plan should have been proposed in a more mediating shape, in order to abate the heat and opposition of parties. As it had been passed by the Convention, he was persuaded it would have a contrary effect. He could not therefore by signing the Constitution pledge himself to abide by it at all events. The proposed form made no difference with him. But if it were not otherwise apparent, the refusals to sign should never be known from him. Alluding to the remarks of Doc^r Franklin, he could not he said but view them as levelled at himself and the other gentlemen who meant not to sign.

Gen^l Pinkney. We are not likely to gain many converts by the ambiguity of the proposed form of signing. He thought it best to be candid and let the form speak the substance. If the meaning of the signers be left in doubt, his purpose would not be answered. He should sign the Constitution with a view to support it with all his influence, and wished to pledge himself accordingly.

Doc^r Franklin. It is too soon to pledge ourselves before Congress and our Constituents shall have approved the plan.

M^r Ingersol[105] did not consider the signing, either as a mere attestation of the fact, or as pledging the signers to support the Constitution at all events; but as a recommendation, of what, all things considered, was the most eligible.

[105] "Mr. Ingersol is a very able Attorney and possesses a clear legal understanding. He is well educated in the Classic's, and is a Man of very extensive reading. Mr. Ingersol speaks well, and comprehends his subject fully. There is modesty in his character that keeps him back. He is about 36 years old."--Pierce's Notes, Amer. Hist. Rev., iii., 329.

On the motion of Doc^r Franklin

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. div^d.[106] Geo. ay.

[106] Gen^l Pinkney & M^r Butler disliked the equivocal form of the signing, and on that account voted in the negative.--Madison's Note.

M^r King suggested that the Journals of the Convention should be either destroyed, or deposited in the custody of the President. He thought if suffered to be made public, a bad use would be made of them by those who would wish to prevent the adoption of the Constitution.

M^r Wilson preferd the second expedient, he had at one time liked the first best; but as false suggestions may be propagated it should not be made impossible to contradict them.

A question was then put on depositing the Journals and other papers of the Convention in the hands of the President, on which,

N. H. ay. M^{tts} ay. C^t ay. N. J. ay. Pen^a ay. Del. ay. M^d no.[107] V^a ay. N. C. ay. S. C. ay. Geo. ay.[108]

[107] This negative of Maryland was occasioned by the language of the instructions to the Deputies of that State, which required them to report to the State, the proceedings of the Convention.--Madison's Note.

[108] "Major Jackson presents his most respectful compliments to General Washington--

"He begs leave to request his signature to forty Diplomas intended for the Rhode Island Society of the Cincinnati.

"Major Jackson, after burning all the loose scraps of paper which belong to the Convention, will this evening wait upon the General with the Journals and other papers which their vote directs to be delivered to His Excellency.

"Monday evening"

Endorsed in Washington's hand: "Maj^r W^m Jackson 17^{th} Sep. 1787."--Wash. MSS.

The President having asked what the Convention meant should be done with the Journals &c. whether copies were to be allowed to the members if applied for. It was Resolved nem. con: "that he retain the Journal and other papers, subject to the order of Congress, if ever formed under the Constitution."

The members then proceeded to sign the instrument.

Whilst the last members were signing it Doct^r Franklin looking towards the President's Chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that Painters had found it difficult to distinguish in their art a rising from a setting sun. I have said he, often and often in the course of the Session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the President without being able to tell whether it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting Sun.

The Constitution being signed by all the members except M^r Randolph, M^r Mason and M^r Gerry, who declined giving it the sanction of their names, the Convention dissolved itself by an Adjournment sine die[109]--

[109] The few alterations and corrections made in these debates which are not in my handwriting, were dictated by me and made in my presence by John C. Payne. James Madison.--Madison's Note.

* * * * *

[Following is a literal copy of the engrossed Constitution as signed. It is in four sheets, with an additional sheet containing the resolutions of transmissal. The note indented at the end is in the original precisely as reproduced here.]

WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, 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. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to 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 chuse 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 chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, 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 chuse 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 further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Xx. Xxi. Xxii (part 3)

Section. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meetings shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, 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. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased 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. 7. 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 the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8. 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 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. 9. 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 one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No bill of Attainder 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 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. 10. 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 it's 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 Controul 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. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, 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 chuse 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 chuse the President. But in chusing 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, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing 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 encreased nor 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. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, 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. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article. III.

Section. 1. 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. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, 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 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 not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any Claims of the United States, or of any particular State.

Section. 4. The United States shall guarantee 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 it's equal Suffrage in the Senate.

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.

The Word, "the," being interlined done in Convention by the between the seventh and eighth Unanimous Consent of the Lines of the first Page, The Word States present the Seventeenth "Thirty" being partly written on an Day of September in the Year Erazure in the fifteenth Line of of our Lord one thousand seven the first Page, The Words "is hundred and Eighty seven and tried" being interlined between the of the Independence of the thirty second and thirty third United States of America the Lines of the first Page and the Twelfth In witness whereof We Word "the" being interlined between have hereunto subscribed our the forty third and forty fourth Names, Lines of the second Page.

Attest WILLIAM JACKSON Secretary

G^o WASHINGTON--Presid^t and deputy from Virginia

New Hampshire {JOHN LANGDON } {NICHOLAS GILMAN}

Massachusetts { NATHANIEL GORHAM { RUFUS KING

Connecticut { W^M: SAM^L JOHNSON { ROGER SHERMAN

New York ALEXANDER HAMILTON

New Jersey { WIL: LIVINGSTON { DAVID BREARLEY { W^M PATERSON { JONA: DAYTON

Pennsylvania { B FRANKLIN { THOMAS MIFFLIN { ROB^T MORRIS { GEO. CLYMER { THO^S FITZSIMONS { JARED INGERSOLL { JAMES WILSON { GOUV MORRIS

Delaware { GEO: READ { GUNNING BEDFORD jun { JOHN DICKINSON { RICHARD BASSETT { JACO: BROOM

Maryland { JAMES M^CHENRY { DAN OF S^T THO^S JENIFER { DAN^L CARROLL

Virginia { JOHN BLAIR-- { JAMES MADISON Jr.

North Carolina { W^M BLOUNT { RICH^D DOBBS SPAIGHT { HU WILLIAMSON

South Carolina { J. RUTLEDGE { CHARLES COTESWORTH PINCKNEY { CHARLES PINCKNEY { PIERCE BUTLER

Georgia { WILLIAM FEW { ABR BALDWIN

[Illustration: First Page of the Constitution (reduced)]

IN CONVENTION Monday September 17^{th}. 1787.

Present

The States of

New Hampshire, Massachusetts, Connecticut, M^r Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.

Resolved,

That the preceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled.

Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitution. That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.

By the Unanimous Order of the Convention G^O: WASHINGTON Presid^t. W. JACKSON Secretary.

Index A

INDEX

A

Accounts of expenditures. See Expenditures of government.

Acts, originating of. See Legislature, national, acts of.

Address to accompany constitution, moved, ii., 347; considered, 377.

Adjournment of legislature. See Legislature, national, power of.

Age, of executive. See Executive, national, age of. Of Representatives. See Legislature, national, House of Representatives. Of Senators. See Legislature, national, Senate.

Allen, Paul, signs address from Rhode Island, i., 11, n.

Amendments to constitution, provision for, debated, i., 79, 122, ii., 384; postponed, i., 79; debated, 122, 287; agreed to, 137, ii., 30; motion to reconsider clause, 339; moved that states agree to, 340.

Appointment, power of. See Executive, national, power of; Judiciary, national, supreme; Legislature, national. Senate.

Appropriations, originating of, see Legislature, national, money bills; accounts of, see Expenditures of government.

Aristocracy, fear of, expressed by Mason, i., 310; defended by G. Morris, 310, ii., 98; probability of, 159.

Armies, power to raise and support. See Legislature, national, power of.

Arnold, Welcome, signs address from Rhode Island, i., 11, n.

Arsenals, Forts, etc. See Forts, Arsenals, etc.

Articles of Confederation, amendments to, proposed by Dickinson, i., 166.

B

Baldwin, Abraham, Ga., attends convention, i., 114; favors representation in Senate by wealth of states, 271; Pierce's sketch of, 271, n.; on compromise committee on representation, 292; thinks foreigners should be excluded from government, ii., 145; thinks provisions on citizenship should not extend to those already citizens, 148; appointed on grand committee, 193; thinks slave trade not a national question, 222; on committee on navigation acts, 225; moves that duty on slaves be uniform, 251; thinks public lands should be guaranteed to states, 281; on committee of August 31, 292; thinks members of legislature should be ineligible to other offices, 296; approves plan of electing executive by electors, 302; moves to exclude from new offices members of first legislature, 371.

Bankruptcy, uniform law of. See Legislature, national, power of; House of Representatives.

Barton, William, signs address from Rhode Island, i., 11, n.

Bassett, Richard, Del., attends convention, i., 1; Pierce's sketch of, 1, n.

Bedford, Gunning, Del., attends convention, i., 5; favors short term for executive, 54; Pierce's sketch of, 54, n.; opposes absolute veto in executive, 72; opposes negative of state laws by legislature, 105; threatens foreign alliance of small states, 283; on compromise committee on representation, 292; explains threat of foreign alliance, 300; moves that national legislature make laws when harmony would be interrupted by state legislation, 372; prefers appointment of judges by Senate, 386; opposes provision against standing army, ii., 374; favors increase in representation of Rhode Island and Delaware, 379.

Bill of Rights, inclusion of, debated, ii., 364.

Bills of attainder. See Legislature, national, power of.

Bills of credit, power to emit. See Legislature, national, power of.

Blair, John, Va., attends convention, i., 1; Pierce's sketch of, 1, n.

Blount, William, N. C., attends convention, i., 189; announces he will sign constitution, ii., 394; Pierce's sketch of, 394, n.

Bowen, Jabez, signs address from Rhode Island, i., 11, n.

Brearley, David, N. J., attends convention, i., 1; favors equal vote of states in national legislature, 109; Pierce's sketch of, 109, n.; moves that New Hampshire delegates be sent for, 272; opposes election of executive by joint ballot, ii., 243; seconds motion to elect executive by states, 244; on committee of August 31, 292; reports from committee, 292, 296, 304; seconds motion against amendments, 386.

Broome, Jacob, Del., attends convention, i., 1; favors nine years' term for Senators, 238; insists upon equal representation for New Jersey in Senate, 327; opposes adjournment on question of representation, 368; opposes seven years' term for executive, 379; Pierce's sketch of, ii., 8, n.; seconds motion to postpone clause fixing term of executive, 44; seconds motion to except army and navy from disqualification from legislature, 166; thinks legislature can fix their own compensation, 168; favors same compensation for both houses of legislature, 170; thinks national government should punish for treason, 206; seconds motion in favor of national negative of state laws, 236; moves reference of question of term of executive, 245.

Brown, John, signs address from Rhode Island, i., 11, n.

Brown, Nicholas, signs address from Rhode Island, i., 11, n.

Butler, Pierce, S. C., attends convention, i., 2; moves secrecy of proceedings, 10; Pierce's sketch of, 11, n.; moves debate on national government, 33; wants explanation of personnel of Senate, 43; fears deprivation of state powers, 46; favors single executive, 66; opposes absolute negative in executive, 72; proposes power of suspending legislation for executive, 75; opposed to institution of inferior judiciary, 83, 388; opposes indefinite negative of state laws by legislature, 106; favors wealth as basis of representation, 115, 120, 307, 321; thinks Senators should have no compensation, 129; thinks Senate should have power to originate money bills, 132; moves vote on compensation of legislature, 213; favors ineligibility to all other offices of Representatives, 214; opposes ineligibility of Representatives to offices created during their term, 218; thinks candidates for office will not be wanting, 222; moves question of representation in Senate, 235; opposes ineligibility of Senators to state offices, 246; opposes report of compromise committee on representation, 298; moves increase in representation of South Carolina, 325; insists upon inclusion of blacks in representation, 331; thinks slave labor as productive as free labor, 331; favors representation by population, 341; demands security for slavery, 352; thinks powers of legislature loosely defined, 366; opposes frequent elections of executive, ii., 9; favors election of executive by electors chosen by state legislatures, 52; opposes re-eligibility of executive, 52; moves to refer question of executive to committee of detail, 56; favors fixing plan for national capital, 67; thinks question of suffrage should be left to states, 97; moves three years' inhabitancy for Representatives, 110; thinks money bills should originate in House, 115; favors long inhabitancy for Senators, 122; urges postponement of clause concerning eligibility of members of legislature to other offices, 166; favors state compensation for members of legislature, 167; opposes power to emit bills of credit, 181, 183; thinks President should have power to declare war, 188; moves that legislature have power to declare peace, 189; thinks militia should be under national control, 196; favors adjustment of taxation to representation, 212; opposes federal power over exports, 214, 224; moves discrimination in paying creditors, 238; moves reconsideration of question of discharging debts, 241; thinks creditors should stand where they are, 249; on committee of August 25, 254; moves that fugitive slaves and servants be surrendered, 267, 274; favors commercial regulations to be made by two-thirds vote, 271; thinks new states should not be made without consent of old states, 276; thinks nine states may ratify constitution, 285; on committee of August 31, 292; thinks election of executive by electors objectionable, 302; favors making treaties of peace without President, 330; thinks Congress must sanction state export duties, 366; dislikes form of signing, 396, n.

C

Canals, provision for, proposed. See Legislature, national, power of.

Capital, national. See Seat of government.

Capitation tax. See Taxation, capitation.

Captures. See Legislature, national, power of.

Carrington, Edward, to Jefferson, on progress of convention, i., 107, n.; to Madison, 130, n.; to Monroe, ii., 90, n.; to Madison, 142, n.

Carroll, Daniel, Md., attends convention, i., 318; favors national power to suppress insurrection, 392; Pierce's sketch of, ii., 38, n.; doubts propriety of per capita voting in Senate, 38; favors election of executive by electors chosen by lot from national legislature, 47; thinks direct taxation should depend on census, 47; opposes disqualification from legislature of persons having unsettled government accounts, 63; thinks number for quorum cannot be fixed, 135; thinks right of expulsion should be with two-thirds of legislature, 136; moves Senators be permitted to enter dissent to measures, 136; fears New York will be capital, 140; moves five years' citizenship for Representatives, 148; explains provision as to money bills in Maryland, 157; favors national compensation for members of legislature, 168, 169; thinks greater checks to bad laws necessary, 174; thinks a quorum should be more than a majority, 177; thinks exports should not be taxed, 181; opposes taxation by congressional representation, 209; thinks prohibition of ex post facto laws necessary, 228; moves election of executive by the people, 243, 245; moves provision to prevent favoring ports of entry, 252; on committee of August 25, 254; objects to requiring consent of states to dismemberment, 277; moves that right of U. S. to public lands be confirmed, 280; moves that land question go to Supreme Court, 281; moves to postpone question of ratification, 284, 286; thinks all the states must ratify, 286; thinks Maryland must ratify as required by Maryland law, 286; thinks vessels should enter and clear in their own states, 291; on committee of August 31, 292; proposes an address to the people, 377; moves states have power to lay tonnage taxes, 380; urges larger representation, 392.

Census, taking of, debated, i., 327, 340; every fifteen years, vote on, 340; two years after meeting of legislature, 344; ordered within six years after meeting of legislature, 346; every ten years, 347; every twenty years, 346; first to be in three years, ii., 208.

Charters, power to grant, proposed. See Legislature, national, power of.

Citizenship, of Representatives, see Legislature, national, House of Representatives, Senate; uniformity of, in the several states, agreed to, ii., 266.

Clymer, George, Pa., attends convention, i., 5; appointed on grand committee, ii., 193; thinks power to tax exports should exist for revenue only, 217; Pierce's sketch of, 217, n.; on committee on navigation acts, 225; disapproves slave-trade arrangement, 251; thinks states should regulate their own manufactures, 266; favors commercial regulations, 270; moves to postpone ratification question, 286; favors ratification by a majority of the people and the states, 287; objects to Senate's power, 315; thinks old Congress need not sanction constitution, 345.

Commercial regulations. See Navigation acts.

Committee, grand, appointed, ii., 193.

Committee of the whole, convention goes into, i., 32; reports, 134; last session, 165.

Committee on detail, resolutions referred to, ii., 67; report of, 76; debated, 90.

Committee on plan of compromise, appointed, i., 292; reports, 293.

Committee on rules, appointed, i., 5; reports, 7.

Committee on style and arrangement, appointed, ii., 338; report of, 347, 369; debated, 367, 368.

Committee on sumptuary legislation, appointed, ii., 366.

Compensation of executive. See Executive, national, compensation of.

Compensation of judiciary. See Judiciary, national, compensation of.

Compensation of legislature. See Legislature, national, compensation of.

Compromise on representation, debate on, i., 287; report of committee on, 294.

Confederation, articles of. See Articles of Confederation.

Congress. See Legislature, national.

Constitution, engrossed, read, ii., 389; text of, 398.

Continental Congress, continuance of, till constitution goes into effect, proposed, i., 79; agreed to, 137; debate on, 390.

Contracts, impairment of, prohibited, ii., 377.

Copyright law. See Legislature, national, power of.

Council, executive. See Executive council.

Council of revision of laws, debate on, i., 69; ii., 17.

Counterfeiting, power to punish, debated, ii., 185.

Courts. See Judiciary.

Credentials of delegates read, i., 4.

D

Davie, William Richardson, N. C., attends convention, i., 2; Pierce's sketch of, 65, n.; opposes unequal representation in Senate, 279; on committee on compromise on representation, 292; insists that blacks be included in basis of representation, 342; favors impeachability of executive, ii., 11; proposes eight years' term for executive, 43.

Dayton, Jonathan, N. J., attends convention, i., 200; opposes compensation of Senators by state legislatures, 245; Pierce's sketch of, 245, n.; favors voting in House by states, 252; favors equal representation in Senate, 282; insists on equality of small states, 356; favors representation by free inhabitants, ii., 114; thinks a standing army necessary, 195; proposes mixed control of militia, 231, 232; thinks judiciary will decide controversies between states, 241; opposes election of executive by joint ballot, 243; moves election of executive by states, 244; on committee of August 25, 254; thinks tranquillity of states should be guaranteed, 282; moves ratification by ten states, 287; moves that treaties be made without two-thirds of Senate, 334; objects to state export duties, 365.

Debt, national, report on, ii., 209; debate on, 210; proposition for settling, 210; provision for payment of, 226, 238; reconsideration of, proposed, 241; motion to make payment obligatory, debated, 249. See Legislature, national, power of.

Delaware, increase in representation of, moved, ii., 379.

Detail, committee on. See Committee on detail.

Dickinson, John, Del., attends convention, i., 12; moves removability of executive by state legislatures, 62; Pierce's sketch of, 62, n.; favors separation of branches of government, 63; favors institution of inferior judiciary, 83; favors election of Representatives by people, 89; favors negative over laws by executive, 93; moves that Senators be elected by legislatures, 94; thinks Senate should resemble House of Lords, 95; thinks preservation of states necessary, 97; favors negative by legislature over state laws, 105; favors representation by wealth, 115; proposes postponement of Jersey plan, 151; proposes amendment of articles of confederation, 152; favors three years' term for Representatives, 207; favors election of executive by the people, ii., 55; opposes property qualification for legislature, 61; favors restriction of suffrage to freeholders, 97; proposes ---- years' residency for Representatives, 108; thinks provision as to money bills should stand, 154; proposes fixed payment for members of legislature every twelve years, 169; moves both branches of legislature receive the same pay, 170; thinks judiciary should not have power to set a law aside, 173; moves that rebellion against government be suppressed, 187; appointed on grand committee, 193; thinks great appointments should be made by legislature, 194; thinks treason should be defined, 204; thinks war against one state the same as against all, 207; moves that representation of large states be limited, 210; favors power over exports, 214; on committee on navigation acts, 225; thinks President should share in treaty-making power, 239; moves executive have power to appoint to future offices, 246; moves executive appoint officers not to be appointed by states, 247; moves to permit slave trade in states permitting it, 251; favors postponement of question of executive succession, 256; thinks legislature will not improperly ask removal of judges, 257; moves that judiciary have equity power, 260; explains meaning of ex post facto laws, 268; thinks small states should not secure claims of large states, 276; moves that legislatures consent to formation of new states, 280; thinks tranquillity of states should be guaranteed, 282, 283; asks if Congress is to concur in constitution, 284; on committee of August 31, 292; thinks eventual election of President should be with whole legislature, 310; moves that vote of presidential electors be from all who are appointed, 312; favors an executive council, 332; objects to state export duties, 366; on committee on sumptuary legislation, 366; moves to strike out "direct taxes," 367.

Duties on exports. See Exports. Imports. See Imports.

E

Election, of executive. See Executive, national, election of. Of Representatives. See Legislature, national, House of Representatives, election of. Of Senators. See Legislature, national, Senate, election of.

Electors. See Executive, national, election of.

Ellsworth, Oliver, Conn., attends convention, i., 5; Pierce's sketch of, 120, n.; opposes ratification by conventions, 189; favors one-year term for Representatives, 207; favors payment of Representatives by states, 209; favors payment of Senators by states, 245; favors election of Senators by legislatures, 234; favors equal state representation in Senate, 269, 275, 285; on committee on compromise on representation, 292; favors compromise on representation, 301; opposes increase in representation, 325; favors free inhabitants and three-fifths of slaves as basis of taxation, 343; favors representation by free inhabitants and three-fifths slaves, 344; opposes adjustment of taxation and representation after census, 349; insists upon state equality in Senate, 363; moves election of executive by electors appointed by legislatures, ii., 7; favors six years' term for executive, 9; moves increase in electors of New Hampshire and Georgia, 10; favors inclusion of judiciary in revisionary power, 18; favors appointment of judges by Senate with power negative of appointment by executive, 27; favors ratification of constitution by state legislatures, 31, 34; favors voting per capita in Senate, 37; favors re-eligibility of executive, 42; on committee to report constitution, 48; moves election of executive by legislature and re-election by electors named by state legislatures, 48; opposes election of executive by the people, 51; opposes disqualification of public debtors from legislature, 65; thinks time of meeting of legislature ought to be fixed, 93; thinks legislature ought to meet in winter, 95; thinks question of suffrage should be left to states, 96; thinks suffrage should be liberal, 97; thinks Representatives should reside in their states, 108; moves that Representatives be residents of their states for a year, 109; thinks ratio of Representatives to inhabitants may change, 112; thinks originating money bills in House unimportant, 116, 118; thinks state executives should fill vacancies in Senate, 117; opposes fourteen years' citizenship for Senators, 121; thinks property qualification for members of government should not be fixed, 130, 131; thinks number for quorum should not be small, 134; thinks no provision necessary for yeas and nays, 136; thinks provision for journal unnecessary, 138; favors ineligibility of members of legislature to other offices, 165; favors national compensation for members of legislature, 166; thinks members of legislature may fix their pay, 169; moves $5 per day as payment for legislature, 169; urges necessity of reaching a decision, 175; thinks exports should not be taxed, 179; opposes power to emit bills of credit, 182; moves to enlarge power over piracies, felonies, etc., 186; thinks executive should have power to suppress rebellion in a state, 186; defines power of making war and peace, 188; thinks state debts may be assumed by nation, 192; urges consideration of President's council, 193; thinks states should have partial control over militia, 195, 197; thinks power of taxation includes sumptuary power, 202; thinks treason sufficiently defined, 203, 205, 207; moves census in three years, 208; moves report on state debts lie on table, 210; thinks adjustment of debts necessary, 211; thinks taxation by representation unjust, 211; thinks states may tax exports, 213; thinks an embargo permissible, 215; thinks slave trade a question for the states, 218, 220; favors accepting constitution as it stands, 225; thinks prohibition of ex post facto laws unnecessary, 227; thinks requirement of fulfilment of old government's engagements unnecessary, 229; favors national power to train militia, 230; proposes mixed control of militia, 231; opposes national negative of state laws, 237.

Emancipation. See Slavery.

Embargo, power to lay, debated, ii., 214, 215; by states, debated, 264.

Executive council, proposed, i., 68; debated, ii., 193, 331, 332.

Executive, national, debate on, i., 49; provisions reconsidered, ii., 7; referred to committee on detail, 56; vote on, 59. Age, nativity, and residence of, agreed to, ii., 336. Compensation of, Franklin proposes no salary, i., 57, ii., 381; mode of payment, 16. Correspondence of, with states, debated, ii., 248. Election of, proposed by district electors, i., 55, 56; by national legislature for seven years, proposed, 57; mode of, reconsidered, 53, 101, 107, 108, ii., 44, 46, 47, 48, 52, 53; by state conventions, proposed, i., 109; by national legislature, 374, 378, 379, ii., 40, 42, 55, 242; by electors chosen by state legislatures, i., 377, ii., 8; ratio of electors considered, 10; electors not to be officials, 16; by electors, debated, 38, 39, 297, 301, 307, 310, 322; term of electors debated, 47; re-election of electors considered, 52; regulations as to age and residence debated, 226; by states, proposed, 244; by electors, defeated, 245; when to take place, proposed, 290; to be at seat of government, proposed, 317; how vote is to be counted, debated, 317; to fill vacancy, considered, 381; verbal amendment of clause, 383. Eligibility of, to re-election, debated, i., 67, 378, 383, ii., 1, 8, 40, 42. Exclusion from, of those indebted to government, considered, ii., 61. Foreign ambassadors to be received by, ii., 254. Impeachability of, agreed to, i., 65; method of, debated, 385, 386, ii., 11, 15, 16, 335, 337; moved to postpone question, 15; House to have power of, 116. Militia to be commanded by, when in active service, ii., 255. Native citizens only to be eligible, ii., 299. Negative of, on national legislation, debated, i., 54, 69, 74, 385, ii., 174, 175, 361; qualified, agreed to, i., 75, ii., 25; inclusion of judiciary in, proposed, i., 75; absolute, debated, ii., 12; ten days allowed for, 176; agreed to, 176; moved to extend to resolutions, 176. Oath of, prescribed, ii., 256. Power of, debated, i., 52, 53, 58, 91, 378, ii., 17, 46, 254, 299; to make appointments, i., 379, ii., 246, 328, 329, 334, 383; to revise legislation, 17, 25, 246; to pardon criminals, 254, 381; to make treaties, 327, 329; to demand opinions of heads of departments, 330; to convene either house of legislature, 338. Removability of, on request of state legislatures, debated, i., 62, 65; question postponed, ii., 256, 299; debated, 299. Single, proposed, i., 51, 65, 69; agreed to, 374, ii., 242; debate on, 41. Succession in, debated and postponed, ii., 256. Term of, debated, i., 54, 155, 379, ii., 9, 42, 58, 59, 80; seven years', proposed, i., 54, 378, 383, ii., 9, 316; during good behavior, proposed, i., 382; six years', proposed, ii., 9, 316; six years in twelve, proposed, 56.

Expenditures of government, moved that an account of be published, ii., 376, 377.

Expenses of convention, provision for, ii., 303, 306.

Exports, tax on, debated, ii., 177, 213, 254; state power to tax, debated, 266, 364.

Ex post facto laws. See Legislature, national, power of.

Expulsion from legislature. See Legislature, national, expulsion from.

F

Federal or national government, debate on, i., 32.

Felonies. See Piracies and felonies.

Few, William, Ga., attends convention, i., 2; Pierce's sketch of, 2, n.; on committee of August 25, ii., 254.

Fitzsimmons, Thomas, Pa., attends convention, i., 1; favors restriction of suffrage to freeholders, ii., 96; opposes power to tax exports, 216; on committee of August 25, 254; admits inconvenience to require vessels to enter and clear in their own state, 291; seconds motion to include House of Representatives in treaty-making power, 327; thinks old Congress need not sanction constitution, 343; favors incidental state export duties, 365; thinks publication expenditures impossible, 376.

Forts, arsenals, etc., provision for acquisition of, ii., 306.

Franklin, Benj., Pa., attends convention, i., 5; Pierce's sketch of, 49, n.; moves that executive receive no salary, 57; opposes negative in executive, 70; favors executive council, 71; opposes single executive, 74; suggests method for choosing judges, 77; appeals for harmony in convention, 115; favors proportional representation, 115; objects to liberal compensation for legislature, 126; favors no salary for Senators, 244; thinks voting in Senate not a separate question, 259; proposes prayers in convention, 260; favors compromise on representation, 280; on committee on compromise on representation, 292; thinks money bills should originate in House, 311; favors power to increase judges' salaries, 387; favors impeachability of executive, ii., 12, 14; thinks executive returning to private life no degradation, 68; favors general suffrage, 100; thinks compromise on representation should stand, 118; opposes long residence in the states for Senators, 122; thinks new citizens will not be elected to Senate, 125; opposes property qualification for officers of government, 130; thinks two witnesses necessary in treason cases, 206; favors executive council, 331; seconds motion for second convention, 347; on committee on sumptuary legislation, 366; moves legislature have power to cut canals, 372; moves to limit President's emoluments, 381; proposes plan for signing constitution, 389; disclaims personal reflections on non-signatories, 394; thinks members cannot pledge themselves, 396; remarks on signing, 397.

Franklin, William Temple, nominated for secretary of convention, i., 4.

G

General-welfare clause. See Legislature, national, power of.

Georgia, increase in representation of, moved, i., 324.

Gerry, Elbridge, Mass., attends convention, i., 12; doubts if convention can form national government, 34; Pierce's sketch of, 34, n.; opposes election of Representatives by the people, 40, 42, 84; favors an executive council, 51; opposes election of executive by national legislature, 56; opposes inclusion of judiciary in council of revision, 69, 92; favors single executive, 69; favors qualified negative on legislation by executive, 70; favors provision for amendments, 79; opposes ratification of constitution by the people, 80; favors election of Senators by state legislatures, 97, 99; moves reconsideration of question of choosing executive, 101; moves indefinite negative on state laws by national legislature, 103; moves election of executive by state executives, 107, ii., 49; favors representation based on free population, i., 120; opposes requiring oath to national government from state officers, 123; favors one-year term for Representatives, 124; proposes that Senate shall not originate money bills, 132; thinks maximum and minimum for quorum should be fixed, 134; favors ineligibility of Representatives to other offices, 220, 223; opposed to monarchy, 242; favors four or five years' term for Senators, 243; opposes equal state representation, 268; favors committee to compromise representation, 292; on committee to arrange compromise on representation, 292; offers report of committee of compromise on representation, 293; favors compromise on representation, 302; favors representation on basis of population and wealth, 305; thinks originating money bills in House a concession, 310; moves to postpone question of voting in Senate, 313; favors increase in representation, 326; thinks three-fifths of blacks sufficient proportion as basis of representation, 331; thinks taxation and representation cannot be arranged, 347; favors direct taxation according to representation, 347, 350; favors originating money bills in House, 356; favors compromise on representation in Senate, 357; opposes adjournment on question of representation, 368; opposes re-eligibility of executive, ii., 7, 42, 43; favors election of executive by electors appointed by state legislatures, 8; moves ratio for electors for executive, 10; favors impeachability of executive, 13; moves that electors for executive be not officials, 16; opposes inclusion of judiciary in revisionary power, 19, 24; favors appointment of judges by Senate, 28; moves that officers take oath of allegiance, 30; thinks constitution should be ratified by legislatures, 32; moves appointment of committee to report constitution, 39; moves election of executive by legislatures, 42; suggests fifteen years' term for executive, 43; proposes referring term of executive to committee, 44, 46; opposes election of executive by electors chosen by lot from national legislatures, 47; favors election of executive for not more than six years in twelve, 53; opposes popular election of executive, 54; favors exclusion from office of those indebted to government, 61, 64; favors exclusion from legislature of pensioners, 64; favors prohibiting state and national capital at same place, 66; thinks quorum should be fixed, 134; moves to permit Senate to publish journal, 137, 138; thinks executive should not influence place of meeting of legislature, 140; thinks none but natives should be Representatives, 143; declares his state opposes members of legislature holding any other offices, 161; points out objections to both national and state legislatures, 202; thinks exports should not be taxed, 179; moves to include post roads in power of legislature, 181; thinks rebellion should be suppressed on state application, 186; moves legislature have power to declare war, 188; favors giving legislature power to make peace, 189; thinks letters of marque should be considered, 191; thinks executive should not interfere in legislation, 194; favors provision against large army in time of peace, 194, 195, 198; moves committee be instructed to report on qualifications for executive and impeachment of judges, 202; opposes power to make sumptuary laws, 202; moves that taxation be by congressional representation, 208, 211; thinks states should pay their debts, 209; opposes power to tax exports, 216; thinks slave trade should not be sanctioned, 222; moves prohibition of ex post facto laws and bills of attainder, 227; thinks government should have power to fulfil engagements of old government, 229; thinks national government should not control militia, 230; thinks liberty will not be as safe in national as state government, 232; warns convention against depriving states of their powers, 233; thinks actual debts should be paid, 248; seconds motion to remove judges on application of legislature, 257; moves to postpone question of ratification, 289; thinks members of legislature should not hold other offices, 295; objects to appropriations for army for more than one year, 305; objects to power to buy forts, etc., 305; moves to reconsider four articles, 306; objects to powers given President, 307; objects to less than majority electing President, 310; suggests eventual election of President by six Senators and seven Representatives, 310; seconds motion to permit Senate to choose President from three candidates, 311; moves that electors be not office-holders, 312; moves change of clause for re-electing President, 312; moves that states vote for President in legislature with at least three members, 325; withdraws motion, 325; objects to Vice-President being President of Senate, 326; thinks President will not be responsible for his appointments, 328; thinks treaties of peace must be carefully guarded, 330; thinks it dangerous to put too much power in Senate, 333; moves two-thirds vote of Senate for treaties, 333; seconds motion for majority for treaties of whole number of Senators, 334; proposes that notice of treaties to Senators be required, 334; moves no appointments be allowed except as authorized by law, 335; thinks impeachability of President should be extended, 335; moves legislature have sole right to create offices, 338; moves reconsideration of provision for amendments, 339; seconds motion for states' consent to amendments, 341; moves sanction of old Congress to constitution be asked, 342; thinks ratification should be made difficult, 344, 346; seconds a plan of ratification, 345; favors two-thirds vote to override President's negative, 362; urges clause requiring jury trials, 363; moves bill of rights be prepared, 364; moves that all proceedings of House be published, 370; approves prohibition of ex post facto laws, 375; moves liberty of press be guaranteed, 375; seconds motion for annual publication of accounts, 376; moves prohibition of violation of contracts, 377; moves jury trial be preserved in civil cases, 384; moves verbal amendment relative to admission of states, 384; moves convention be required to make amendments, 385; favors a second constitutional convention, 388; defends action in not signing constitution, 395; refuses to sign, 398.

Gilman, Nicholas, N. H., attends convention, ii., 29; Pierce's sketch of, 29, n.

Gorham, Nathaniel, Mass., attends convention, i., 5; elected chairman of committee of the whole, 32; favors national payment of Representatives, 210; Pierce's sketch of, 210, n.; opposed to ineligibility of Representatives to other offices, 214; favors compromise on representation, 232; opposes readjustment of land cession, 233; favors four years' term for Senators, 236; moves six years' term and rotation for Senators, 237; thinks small states equally interested with large states in union, 262; favors representation by population, 305; on committee to arrange representation, 307; defends report on representation, 319; thinks standard of representation should be fixed, 334; favors population as basis of representation, 339; opposes defining legislature's powers, 366; favors appointment of judges by Senate, 384; favors appointment of judges by the people, 385; favors appointment of judges by executive, 386; moves appointment of judges by executive with consent of Senate, 387; favors institution of inferior judicial tribunals, 389; favors power to suppress insurrections, 391; opposes inclusion of judiciary in revisionary power, ii., 18, 24; thinks oath of allegiance no bar to amendments to constitution, 30; opposed to ratification of constitution by legislatures, 33; favors two Senators from each state, 37; on committee to report constitution, 48; favors prohibition of national capital at state capital, 66; thinks constitution should fix time of meeting of legislature, 93; favors voting by non-freeholders, 106; thinks the new government will not last, 112; thinks Senate should not originate money bills, 115; thinks mode of electing Representatives should not be left to state legislatures, 126; thinks less than a majority may be a quorum of legislature, 132; thinks yeas and nays need not be required, 136; thinks provision concerning citizenship need not be retroactive, 146; thinks Senate should be paid more than House, 170; insists that money bills originate in House, 171; urges necessity for action, 211; opposes power to emit bills of credit, 181, 182; moves appointment of treasurer by joint ballot of legislature, 183; favors national support of army, 194; thinks adjustment of debts may be left to national legislature, 210; thinks union only of commercial advantage, 225; suggests difficulties of ratifying treaties by legislature, 239; thinks treaties should be negotiated in this country, 241; doubts if judiciary can impartially decide controversies between states, 242; favors election of executive by joint ballot of legislature, 242; seconds motion to extend period of slave trade, 250; thinks duty on slaves may discourage importation, 252; thinks precaution against discrimination in ports of entry unnecessary, 253; on committee of August 25, 254; thinks prohibition of paper money dangerous, 262; favors article providing for validity of state acts, 267; on committee on interstate acts, 268; thinks New England's motive for union dependent on commercial arrangements, 273; favors convention for ratification, 287; thinks vessels should not be obliged to enter and clear in their own states, 291; thinks members of legislature may be eligible to other offices, 295; thinks majority of Senate may elect President, 318; thinks separate provision for treaties of peace unnecessary, 330; thinks treaties need not require two-thirds of Senate, 334; opposes conditional ratification, 343; thinks jury question need not be included, 363; objects to state export duties, 365; thinks legislature should choose treasurer, 371; thinks provision as to jury trials unnecessary, 384; urges additional representation, 392.

Grand committee. See Committee, grand.

Grayson, William, to Madison, i., 5, n.; to Monroe, 32, n.

H

Habeas corpus, necessity for preserving right of, debated, ii., 261.

Hall, Levi, signs address from Rhode Island, i., 11, n.

Halsey, Thomas Lloyd, signs address from Rhode Island, i., 11, n.

Hamilton, Alexander, N. Y., attends convention, i., 1; nominates William Jackson for secretary of the convention, 4; Pierce's sketch of, 4, n.; on committee on rules, 4; moves representation by free inhabitants, 37; favors absolute negative of executive on legislation, 70; moves proportional voting in Senate, 121; presents his plan of government, 152; explains views on powers of the states, 185, 189; opposes election of Representatives by state legislatures, 205; favors three years' term for Representatives, 209; opposes fixing compensation for Representatives, 211; opposes ineligibility of Representatives to other offices, 215, 223; favors centralized government, 241; opposes prayers in convention, 260; writes to Washington about public sentiment, 293, n.; thinks citizenship and inhabitancy alone necessary for Representatives, iv., 144; thinks President may be elected by a plurality of electors, 315; appointed on committee on style and arrangement, 338; favors increase in representation, 339; favors easily made amendments, 340, 341; thinks old Congress should sanction constitution, 342; thinks constitution will be effective if ratified by nine states, 343; moves a plan for ratification, 344; withdraws it, 346; favors two-thirds vote to override President's negative, 361; urges members to sign constitution, 394.

Hamilton plan, presented, i., 152; provisions of, 162; text of, 164, n.

House of Representatives. See Legislature, national, House of Representatives.

Houston, William, Ga., attends convention, i., 49; moves increase in representation of Georgia, 325; opposes continuance of existing state constitutions, 391; favors additional representation of electors for New Hampshire and Georgia, ii., 10; moves consideration of appointment of executive by electors, 39; Pierce's sketch of, 39, n.; moves election of executive by national legislature, 40.

Houstoun, William Churchill, N.J., attends convention, i., 1.

I

Impeachment, of executive. See Executive, national, impeachability of; Legislature, national, Senate. Of judiciary. See Judiciary, national, impeachment of. Of national officers, provision for, struck out, i., 389; to be suspended during trial, ii., 270. Trials of, debated, i., 384, 385, ii., 259, 260, 297, 338.

Imports, power of states to tax, debated, ii., 264, 330; duties on, uniformity of, agreed to, 291, 372.

Indians, power to legislate for, proposed, ii., 226.

Ingersoll, Jared, Pa., attends convention, i., 5; considers signing to be recommending constitution, ii., 396; Pierce's sketch of, 396, n.

Insurrections, power to suppress. See Republican government, guaranty of.

J

Jackson, William, nominated for secretary of convention, i., 3; elected, 4.

Jay, John, writes Washington against foreigners, ii., 48, n.

Jefferson, Thomas, Monroe to, ii., 56, n.; Madison to, 126, n., 320, n.

Jenckes, John, signs address from Rhode Island, i., 2, n.

Jenifer, Daniel, of St. Thomas, Md., attends convention, i., 55; favors three years' term for Representatives, 124; Pierce's sketch of, 124, n.; favors ineligibility of Representatives to other offices, 223; moves postponement of question of voting in Senate, 225; favors requirement that vessels must enter and clear in their own states, 295.

Jersey plan, the, submitted, i., 138; text of, 139; vote on, 185.

Jews, letter of, i., 323, n.

Johnson, William Samuel, Conn., attends convention, i., 55; suggests compromise between Virginia and Jersey plans, 200; Pierce's sketch of, 200, n.; favors elections to Senate by state legislatures, 234; favors representation by states in Senate, 261; favors inclusion of blacks in basis of representation, 342; thinks treason should be defined, ii., 204; thinks there can be no treason against a state, 205; on committee on navigation acts, 225; thinks prohibition of ex post facto laws unnecessary, 228; thinks double control of treaties difficult, 239; thinks judiciary will decide controversies between states, 241; thinks obligations of old government binding on new, 249; suggests judiciary have power over equity cases, 256; moves extension of judicial power to cases arising under the constitution, 259; thinks acts of one state valid in courts of another state, 267; on committee on interstate acts, 268; thinks states cannot be dismembered, 276; moves admission of states hereafter formed, 278; thinks legislature may declare effect of state acts in states, 293; appointed on committee on style and arrangement, 338; submits report, 347; favors provision for sumptuary legislation, 366; on committee on sumptuary legislation, 366; offers further report of committee on style and arrangement, 368.

Jones, Joseph, writes to Madison, ii., 366, n.

Journal of legislature's proceedings. See Legislature, national, journal of, House of Representatives, Senate.

Journals of convention, disposition of, ii., 396, 397.

Judiciary, national, supreme, agreed to, i., 75; consideration of, postponed, 130; debated, 384. Appointment to, debated, i., 76, 130, 136, 384, ii., 25; by legislature, vote on, i., 78; by Senate, agreed to, 132; by executive, vote on, 386, ii., 29; by executive with consent of Senate, debate on, i., 385; exclusion from, of those indebted to government, ii., 61, 235. Compensation of, fixed, agreed to, i., 375; power to increase, vote on, 387; debated, ii., 258. Impeachment of, trial by Senate proposed, ii., 227. Impeachment, power of, struck out, i., 388; debated, ii., 260. Inferior tribunals, debate on instituting, i., 81, 83, 84, 387, 388, ii., 184; power of legislature to refer cases to, struck out, 260. Jurisdiction of, debated, i., 129, 130, 136, 388, ii., 227; over controversies between states, debated, 241; to cases in equity proposed, 256; over controversies in which United States is a party, debated, 259; to cases arising under the constitution, debated, 259; appellate, debated, 259, 260; to be directed by legislature, proposed, 260; extension of, to land grants proposed, 261; to land claims, 281, 282; to impeachment trials proposed, 335, 336. Negative of, inclusion with executive proposed, i., 69, 75, 91, 93; over state laws, debated, 374; debated, ii., 174, 256. Revisionary power of, debated, i., 69, ii., 17, 175. State, power of, over national laws, debate on, 372; will be bound by national laws, 374. Tenure of, i., 76, 385, ii., 256.

Jury trial, right of, provided for, ii., 261; in civil cases debated, 363; motion to preserve, 367.

K

King, Rufus, Mass., attends convention, i., 1; objects to report of committee on rules, 5; Pierce's sketch of, 5, n.; opposes representation by quotas of contributions, 36, 115; notes of proceedings of convention, 39, n.; opposes election of Senators by state legislatures, 44; opposes inclusion of judiciary in council of revision, 69; favors ratification of constitution by conventions, 81; moves question of proportional representation, 115; thinks Senate should have power to originate money bills, 133; opposes sovereignty of the states, 186, 285; insists upon election of Representatives by the people, 206; favors national compensation for Representatives, 211; opposes ineligibility of Representatives to other offices, 214, 219; thinks New Hampshire deputies will attend, 272; favors proportional representation in Senate, 281, 357; thinks representation cannot be permanently fixed, 360; on committee on question of representation, 307; thinks slaves should count in representation, 322; brings in report of committee on representation, 323; thinks representation of the south too large, 323; defends report on representation, 323; opposes inclusion of three-fifths of blacks in representation, 338; opposes representation by population, 345; opposes ineligibility of executive to re-election, ii., 5, 42; opposes short term for executive, 9; opposes impeachability of executive, 13, 15; favors ratification of constitution by legislatures, 35; moves voting in Senate per capita, 37; favors election of executive by state legislatures, 42; proposes term of twenty years for executive, 43; opposes election of executive by electors chosen by lot from legislature, 47; opposes freehold qualification for electors, 61; thinks legislature need not meet annually, 93; thinks representation should exclude slaves, 110; opposes leaving time and mode of election of Representatives to state legislatures, 128; thinks less than a majority should be a quorum of legislature, 133; thinks lowest number for a quorum may be fixed, 134, 135; thinks legislature should not have power to change place of meeting, 139; thinks state debts should be assumed by nation, 192, 193; thinks state lands ought to be given up, 193; appointed on grand committee, 193; thinks states may punish treason under a different name, 205; thinks national government should punish for treason, 206; thinks treason against a state same as against nation, 207; thinks slaves should be taxed, 223; on committee on navigation acts, 225; explains provisions as to militia, 230; admits duty on slaves part of compromise agreement, 251; moves to prohibit states from violating private contracts, 263; moves to prohibit states from taxing exports, 266; thinks states should regulate their own manufactures, 265; thinks all the states must ratify constitution, 285; moves that only states ratifying be operated on by constitution, 285; thinks constitution must be ratified by conventions, 286; thinks state constitution no bar to ratification, 287; on committee of August 31, 292; moves ineligibility of members of legislature to offices created during their term, 295, 296; moves to obtain consent of state legislatures to purchases of lands for national purposes, 306; thinks eventual election of President will be with Senate, 311; moves that electors be not office-holders, 312; favors change of clause relative to re-election of President, 313; moves increase of number necessary to elect President, 319; thinks Senate may share in appointments, 328; objects to participation of two-thirds of Senate in treaties, 329; opposes special provision for treaties of peace, 332; moves special provision for treaties affecting national rights, 332; thinks old Congress should consider constitution, 336; on committee of style and arrangement, 338; thinks old Congress need not sanction constitution, 345; thinks President ought not to be suspended if impeached, 370; thinks legislature should choose treasurer, 371; thinks power to grant charters unnecessary, 373; thinks publication of public expenditures impossible, 376; opposes change in representation, 378; thinks executive may pardon for treason, 382; thinks guaranty of jury trials not necessary, 384; urges additional representation, 392; proposes journals of convention be disposed of, 396.

Knox, General Henry, writes to Washington on prospects of convention, ii., 158, n.

L

Land cession, question of, i., 232.

Lands, public. See Legislature, national, power of.

Langdon, John, N. H., attends convention, ii., 29; opposes disqualification from legislature of persons having unsettled accounts, 64; Pierce's sketch of, 64, n.; opposes prohibition against placing national capital at state capital, 66; favors national compensation of legislature, 167; opposes power to emit bills of credit, 183; favors suppression of rebellion without state's consent, 187; appointed on grand committee, 193; thinks Representatives must be trusted, 195; thinks national control of militia necessary, 196; opposes taxation by congressional representation, 208; asks only fair representation for New Hampshire, 212; objects to state power to tax exports, 213, 214; opposes leaving slave trade to states, 223; moves to commit question of navigation acts, 225; on committee on navigation acts, 225; thinks state and national governments need not be jealous, 231; favors national power of negative on state laws, 237; thinks executive should be elected by joint ballot of legislature, 243; thinks creditors of government should not be disturbed, 248; admits duty on slaves is part of compromise agreement, 251; on committee of August 25, 254; doubts if new states should be admitted on an equality with old, 275; thinks new states may be created, 276; thinks Vermont should be brought into the Union, 276; thinks vessels should not be made to enter and clear in their state, 291; objects to export duties by states, 365; moves increase in representation of North Carolina and Rhode Island, 378; thinks commercial regulations should be national, 381.

Lansing, John, N. Y., attends convention, i., 55; Pierce's sketch of, 138, n.; supports Jersey plan, 143; opposes Virginia plan, 194; opposes legislature of two branches, 190; favors voting in House by states, 252; leaves convention, 298, n.

Legislature, national, acts of, may originate in both houses, i., 248, ii., 170; enacting style, 170. Compensation of members, considered, i., 125, 209, 244, 245; to be fixed, 126; and eligibility to re-election, debated, 130; to be ascertained by members, 212; by state legislatures, 213; vote on, 217; agreed to, 336; debated, ii., 166, 169. Constitution of, considered, ii., 8; agreed to, 96. Disqualification of debtors from, debated, ii., 63, 65, 66; of pensioners from, 65; of persons having unsettled accounts with, 65; of members from other offices, 158, 294, 297, 371. Elections to, by popular vote, debated, i., 53; mode of, debated, 81, 134; eligibility to re-election, debated, 127; eligibility of state officers to, 127. Expulsion from, debated, ii., 135, 136. Journal of proceedings, debate on, ii., 136, 137, 370. Money bills in, originating of, debated, i., 309, 312, ii., 149, 153, 157, 210, 212. Negative of, on state laws, considered, i., 47, 101, 107, 372, 374; on acts of executive, vote on, ii., 95; debated, 361; verbal amendment offered, 367. Place of meeting, debated, ii., 139. Power of, debated, i., 45, 135, 366, ii., 177; coercion on delinquent states, i., 47; to legislate where states not competent, i., 47, 371, 372; over state police, 370, 371; over state judiciary, 374, 375; members of, in debate, ii., 135; expulsion of members of, ii., 135; to compel attendance of members, ii., 135; to judge of elections of members, ii., 135; to adjourn, 138; limits of, debated, 172, 173; to regulate captures, debated, 184; over Indians, debated, 226; over general welfare, proposed, 226; to pass _ex post facto_laws and bills of attainder, prohibited, 227, 375; to fulfil engagements of old Congress, debated, 229, 237; over militia, debated, 230, 235; to enforce treaties, debated, 235; negative on state laws, debated, 236; to pass tax laws, debated, 241, 371; to pay public debts, debated, 247, 297; to regulate ports of entry, 252; to refer appointments to state legislatures, 254; to pay debts with anything but coin, debated, 262; report of committee of eleven taken up, 269; over public lands, proposed, 280, 282; to make national bankruptcy law, debated, 293; to judge privileges of members, 304; to grant letters of marque and reprisal, 304; to govern seat of government, 305; to grant copyrights, 305; to create offices, proposed, 338; to appoint treasurer, debated, 371; to punish piracies, etc., debated, 372; to make canals, proposed, 373; to grant charters, proposed, 373; to establish a university, proposed, 374; to be limited in providing for standing army, 375. Property qualifications for members of, debated, ii., 59, 63, 128, 132, 147. Qualifications for members of, debated, i., 42, ii., 131. Quorum in, debated, ii., 132, 135, 177. Representation in, debated, i., 36, 109, 114, 120, 134, 232, 302, 327, 331, 338, 341, 342, ii., 110, 114; compromise proposed, i., 114; enumeration of blacks and whites, debated, 258, 338, 340, 344, 346, 347, 350; question postponed, 318; referred to committee, 322; report of committee, 322; motion to increase, debated, 325; census for, debated, 328, 338, 340, 341; taxation as basis of, debated, 342, 347, 348, 371; moved that, of large states be limited, 378; increase of, debated, ii., 318, 323, 393. Rules to be regulated by each house, ii., 170. Term of members of, debated, i., 126. Time of meeting, debated, ii., 93, 94, 95. Two branches of, agreed to, i., 39, 134; debate on, 190, 199, 204. House of Representatives, mode of election to, debated, i., 39, 40, 42, 84, 91, 204, 224; classification of states to determine representation in, proposed, 106; term of members, debated, 124, 126; age for members, debated, 125, 213, 214; elections to, by state legislatures, proposed, 206, 247; three years' term in, proposed, 207, 209; eligibility of members to other offices debated, 214, 217, 218, 223, 224, ii., 292; committee report on representation in, i., 318, 319; constitution of, debated, ii., 96, 301; who may vote for members of, debated, 106; seven years' citizenship for members of, proposed, 107, 131, 132; qualifications for members of, debated, 107; clause relative to, agreed to, 110; money bills to originate in, debate on, 115, 305, 337; power of impeachment of, agreed to, 116; time and mode of election to, debate on, 126, 128; power of, over elections in states, debated, 128; citizenship and residence for members, debated, 144, 145; four years' citizenship for members of, proposed, 145; nine years' citizenship for members of, proposed, 145; citizenship requirements not to apply to those already citizens, 145, 148; five years' citizenship for members of, proposed, 148; clause for citizenship and age of members agreed to, 148; representation by direct taxation, debate on, 151; power to make bankruptcy laws, proposed, 292; power of, to make treaties, proposed, 327; increase in representation in, proposed, 339; moved to strike out apportionment by "direct taxes," 367; proposed that all journals of, be printed, 371. Senate, mode of election to, debated, i., 43, 233, ii., 116; to be a check on democracy, i., 44; election to, by state legislatures, debated, i., 44, 94, 101, 236; elections to, by the people, debated, 100; mode of voting in, debated, 121, 234, 248, 309, 313, 347; age for members of, debated, 127, 236; term of members of, debated, 128, 130, 236, 237, 243; compensation of members of, debated, 130, 244, 246, 247; originating money bills in, debated, 132, 134, 355; representation in, debated, 235, 236, 356, 364, 367, 368, 369, ii., 37, 304; property qualification for members of, debated, i., 246; eligibility of members of, to state offices, considered, 246; eligibility of members of, to any offices, considered, 297; voting in, by states, debated, 314; citizenship for members of, debated, ii., 124, 125; age and citizenship for members of, debated, 126, 148; moved that members of, be permitted to enter dissent to measures, 136; moved that journal of, be published, 136; choosing officers of, agreed to, 180; power of appointment by, 235, 238; treaty-making power of, debated, 238, 240; power of, to appoint ambassadors, etc., considered, 240; power of, in controversies between states, considered, 241; power to try impeachments, proposed, 298; power of, objected to, 315; to vote on President, 318; power of, in treaty making, debated, 327, 329; in appointments, 328; quorum of, debated, 335; power of, in impeachment of President, debated, 335, 336; power of, to amend money bills, 337; to be under oath in impeachment trials, 338.

Letters of marque, power to issue, debated, ii., 191.

Liberty of the press, guaranty of, proposed, ii., 375.

Livingston, William, N. J., attends convention, i., 96; appointed on grand committee, ii., 193; Pierce's sketch of, 209, n.; delivers report on state debts and militia, 209; on committee on navigation acts, 225; submits report on slave importation and navigation acts, 240; on committee on sumptuary legislation, 366.

M

Madison, James, Va., attends convention, i., 2; moves question of representation in legislature, 36; Pierce's sketch of, 36, n.; favors proportional representation, 36, 38, 253; favors election to House by popular vote, 41, 86; opposes district elections to Senate, 44; opposes defining powers of national legislature, 47; opposes use of force against recalcitrant states, 47; moves consideration of powers of executive, 52; opposes removability of executive on motion of state legislatures, 63; favors qualified negative of executive on legislation, 71; favors inclusion of judiciary with executive in negative on legislation, 75, 91; opposes appointment of judges by legislature, 77, 131; favors ratification of constitution by popular vote, 80, ii., 36; favors creation of inferior judicial tribunals, i., 83; opposes elections to Senate by state legislatures, 99; favors a small Senate elected by the people, 96; favors negative by national legislature of state laws, 102, 106, 373; favors three years' term for Representatives, 124; favors national compensation of members of national legislature, 125, 212; favors seven years' term for Senators, 128; moves to define jurisdiction of judiciary, 130; thinks Senate should have power to originate money bills, 133; opposes Jersey plan, 167; thinks national government in danger from state governments, 202; opposes annual elections of Representatives, 208; favors compensation of Representatives by fixed standard, 211; favors ineligibility of Representatives to other offices, 218; favors partial ineligibility of Representatives to other offices, 221; moves debate on mode of voting in Senate, 235; sets forth objects of Senate, 238; opposes compensation of Senators by state legislatures, 345; opposes equal state representation, 264, 276, 357, 363; would preserve state rights, 282; opposes compromise committee on representation in Senate, 292, 296; thinks question of representation vital, 315; suggests representation by free population in House and by free and slaves in Senate, 321; moves increase in representation of all states, 325; thinks basis of representation should be fixed, 335; favors census at least every fifteen years, 340; favors adjustment of taxation to representation, 348; favors independence of executive, 380; thinks tendency is to give executive too little power, 382; favors appointment of judges by executive and one-third of Senate, 385; moves appointment of judges by executive and two-thirds of Senate, 387; objects to power to increase judges' salaries, 388; favors continuance of old Congress to prevent interregnum, 390; favors national guaranty against domestic violence, 391; favors election of executive by the people, ii., 6; favors varying ratio for electors to choose executive, 10; favors impeachability of executive, 12; seconds motion to include judiciary in revisionary power, 18, 22; moves appointment of judges by executive and Senate, 26; is willing to allow a majority of Senate to reject appointment of judges, 28; speaks on mode of election of executive, 49; thinks each voter may vote for two persons for executive, 54; thinks persons indebted to government should be excluded from legislature, 60; moves that property qualification be not confined to landed property, 62; opposes mutual negative of each branch of legislature over acts of the other, 92; suggests that time of meeting of legislature be not fixed in constitution, 92, 93; favors fixing time of meeting of legislature provisionally, 94; favors changing time of meeting of legislature from December to May, 95; favors power of suffrage by freeholders, 99; views on suffrage, 100, n.; favors requiring Representatives to be inhabitants of their states, 107; opposes proposition that Representatives be required to reside seven years in their states, 108; objects to fixed ratio of Representatives to inhabitants, 111; moves representation of not more than 1 to 40,000 inhabitants, 136; opposed to originating money bills in House, 116; moves that vacancies in Senate must happen by refusals, resignations, etc., 117; thinks provision as to money bills valueless to large states, 118; opposes fourteen years' citizenship as necessary for Senators, 121; opposes leaving time and mode of electing Representatives wholly to state legislatures, 126; writes to Jefferson on progress of the convention, 126, n.; thinks property qualification for members of government should be fixed in constitution, 130, 131; moves that expulsion from legislature be by two-thirds vote, 135; moves legislature have power to compel attendance, 135; moves that Senate shall publish its legislative journal, 137; insists upon central location for capital, 139; thinks legislature should not have power to change place of meeting, 138; writes to his father, 142, n.; thinks citizenship and inhabitancy alone necessary for Representatives, 144; thinks government responsible for what states have done, 146; thinks Senate may decrease money bills, 152; thinks constitution should regulate compensation of legislature, 167; moves that laws be revised by executive and judiciary, 172; thinks power to tax exports desirable, 176; opposes power to emit bills of credit, 181; thinks punishment of piracies, etc., ought not to be fixed by legislature, 184; moves that legislature define piracies, etc., 185; moves that rebellion to be suppressed be against government, 187; moves to give legislature power to declare war, 188; submits power over public lands, Indians, seat of government, charters, copyrights, university, forts, 189; favors national control of militia, 197; moves power to create offices in legislature, 203; thinks treason should be broadly defined, 203, 204; thinks treason may be against nation and a state, 205; thinks treason should not be twice punishable, 207; thinks present representation temporary, 211; favors power to tax exports, 215; favors taxation of exports by two-thirds legislature, 217; on committee on navigation acts, 226; thinks new government should have power to fulfil engagements of old government, 229; explains provisions as to militia, 230; favors national control of militia, 232; proposes states appoint militia officers under rank of general, 233; thinks disunion the greatest danger, 234; moves to commit question of negative of state laws, 236; moves to include President in treaty-making power, 238; suggests inconvenience of legal ratification of treaties, 238; suggests varying participation of legislature in different treaties, 240; thinks larger states should have larger vote in election of executive, 244; moves extension of appointing power of executive, 246; opposes slave-trade extension, 250; opposes admitting property in men in constitution, 252; moves that treaties be supreme law, 252; thinks president of Senate should not be in executive succession, 256; moves amendment to oath of executive, 256; favors fixed salaries for judges, 258; proposes salaries of judges be not changed for three years, 258; moves judiciary have jurisdiction over cases in which U. S. is a party, 259; thinks judicial power should not extend to all cases under constitution, 259; moves verbal change in judiciary clause, 260; thinks states should not have power to interfere in private contracts, 263; thinks retrospective laws are prohibited, 263; moves states be forbidden to pass embargoes, 264; moves to forbid states to lay imposts, 264, 265; objects to imposts by states, 266; favors committing clause on state acts, 267; thinks commercial regulations not injurious to south, 272; thinks western states entitled to an equality with others, 274; opposes guaranty of public lands, 281; thinks constitution may go into operation without a majority in favor, 284; moves ratification by seven states and thirty-three Representatives, 285; thinks ratification conventions necessary, 286; thinks it inconvenient if vessels must enter and clear at their own ports, 291; on committee of August 31, 292; offers amendment strengthening interstate validity of state acts, 293; fears election of President will be thrown on Senate, 300; doubts if legislature should judge of privileges of its members, 304; thinks legislature should not participate in electing President, 309; proposes that election of President may be by one-third of whole number of electors, 310; moves that electors not voting be not counted, 311; moves that two-thirds Senate be present when voting for President, 318; shows President may be elected by two states, 319; moves that election of President by legislature when Vice-president also dies be temporary, 323; seconds motion that no state vote for President in legislature by less than three Representatives, 325; thinks some cure required to prevent minority in legislature electing President, 325; proposes treaties of peace be by majority of Senate, 330; proposes two-thirds Senate make treaties of peace without President, 330; favors executive council, 332; thinks treaties have been too easily made in past, 334; moves quorum of Senate be two-thirds, 406; thinks impeachment of President should not be on vague grounds, 335; moves supreme court try President, 335; seconds motion to increase representation, 339; thinks clause relative to amendments should be reconsidered, 340, 341; favors three-quarter vote to override President's negative, 363; favors state export duties, 365; thinks supreme court can negative state laws, 365; moves verbal amendment to clause relative to negative of bills, 368; moves words "by lot" be struck out for classifying Senators, 369; thinks President ought not to be suspended when impeached, 370; favors national charters where states are incompetent, 372; moves power to establish university, 374; favors limiting standing army, 374; moves public accounts be published from time to time, 376; writes to J. Q. Adams, 378, n.; favors national control of commercial regulations, 380; thinks Senate may participate in pardons for treason, 382; thinks superior officers may make appointments, 383; thinks legislature may propose amendments, 385; opposes special provisos in constitution, 386.

Madison, Rev. James, of William and Mary, writes to James Madison on prospects of convention, ii., 75, n.

Manufactures, encouragement of, by imposts, debate on. ii., 264, 265; regulation of, debated, 265.

Marque and reprisal, letters of, power to grant, proposed, iv., 366.

Martin, Alexander, N. C., attends convention, i., 2; insists upon equal power of states, 188; favors elections of Representatives regulated by state legislatures, 204; favors ineligibility of Representatives to other offices, 218; Pierce's sketch of, 218, n.; on compromise committee on representation, 292; moves increase in representation of North Carolina, 325; opposes fixing national capital at same place with a state capital, ii., 66; seconds motion for commercial regulations, 269.

Martin, Luther, Md., attends convention, i., 107; opposes oath from state officers to national government, 123; Pierce's sketch of, 189; opposes legislature of two branches, 195; wishes to preserve state governments, 248, 250; insists on state sovereignty, 268, 287; favors two confederacies if states cannot have equal vote in Senate, 356; opposes national negative on state laws, 373; moves that national laws be binding on state judiciary, 374; favors election of executive by electors chosen by state legislatures, 378; moves to consider question of re-eligibility of executive, 383; favors appointment of judges by Senate, 384; opposes creation of inferior judicial tribunals, 384; opposes power in national government to suppress rebellion in states, 391; moves ineligibility of executive to re-election, 8, 42; opposes inclusion of judiciary in revisionary power, 21; opposes voting in Senate per capita, 38; favors disqualification from legislature of debtors to government, 64; moves eleven years' term for executive, 43; favors state compensation of Senate, 169; asks definition of "duties" and "imposts," 176; opposes power to subdue rebellion in a state without its consent, 186; favors provision against large army in time of peace, 195; moves treason be punishable on confession, 208; proposes direct taxation by quotas from states, 212; moves that states be permitted to tax migration of slaves, 218; on committee on navigation acts, 225; favors state control of militia, 232; moves clause to prevent discrimination in ports of entry, 252; moves to restrict executive power of pardoning, 255; withdraws motion, 255; opposes requiring large states to consent to forming new states, 275; opposes admission of new states by two-thirds vote, 275; favors committing motion to require consent of states to dismemberment, 277; thinks new states should be formed without consent of old states, 279; moves that land claims be examined by supreme court, 282; moves guaranty of domestic tranquillity on state executive's application, 283; insists upon ratification by state legislatures, 289; thinks the people will not vote for constitution, 289.

Mason, George, Va., attends convention, i., 2; objects to report of committee on rules, 6; Pierce's sketch of, 6, n.; thinks government should operate on individuals, 34; favors seven years' term for executive, 54; favors election of executive by the people, 55; opposes subordinating executive to legislature, 63; opposes single executive, 72; favors election of Representatives by the people, 86, 205; favors separation of purse from sword, 93; favors election of Senators by state legislatures, 100; favors provision for amendments to constitution, 122; favors national compensation of Representatives, 126; favors two branches of legislature, 192; favors biennial elections of Representatives, 208; moves that Representatives be at least twenty-five years of age, 213; favors ineligibility of Representatives to other offices, 215, 222; opposes ineligibility of Representatives to other offices, 218; favors representation in Senate by states, 235; favors property qualification for Senate, 246; on compromise committee on representation, 292; supports report of compromise committee on representation, 302; moves to refer question of voting in Senate to committee, 308; thinks money bills should originate in House, 309, ii., 115, 118; favors an increase in representation, i., 326; favors representation based on population, 329; thinks slaves should have proportion in representation, 332; thinks legislature ought not to fix representation, 334; thinks constitution ought to fix representation, 338; thinks taxation should be according to representation, 344; opposed to direct taxation proportioned to number of Representatives, 349; opposes election of executive by the people, 377; opposes election of executive to serve during good behavior, 381; opposes appointment of judges by executive, 384, ii., 28; favors institution of inferior judicial tribunals, i., 389; favors guaranty of republican government to the states, 391; favors impeachability of executive, ii., 11; favors inclusion of judiciary in revisionary power, 19, 23; thinks constitution should be ratified by the people, 31; opposes three Senators from each State, 38; favors election by legislature of executive for not more than six years in twelve, 52; moves seven years' term and ineligibility for executive, 59; proposes property qualification for legislature, 59; moves to exclude from legislature debtors to United States, 59; moves that national capital be not at a state capital, 66; withdraws the motion, 67; doubts propriety of mutual negative of each branch of legislature on the other, 91, 92; thinks time of meeting of legislature should not be fixed by constitution, 94; thinks suffrage question should be left to the states, 97; favors free general suffrage, 98; thinks seven years' citizenship should be required of Representatives, 107; moves that Representatives be required to be inhabitants of their states for one year, 109; favors postponing question of voting in Senate, 118; favors postponing question of originating money bills, 120; thinks aliens should not be in legislature, 121; thinks quorum in legislature should be a majority, 133; approves expulsion from legislature by two-thirds vote, 135; thinks yeas and nays should be required, 136; thinks publication of journal of legislature necessary, 138; thinks government not bound by state laws on naturalization, 149; thinks first money bills should originate in House, 149; moves to allow members of legislature to hold any office, 159; thinks Representatives should be independent of state legislatures, 168; thinks revenue bills should originate in House, 170; thinks Senate may alienate territory, 171; moves that no tax be laid on exports, 179; favors power to emit bills of credit, 181, 183; favors appointment of treasurer by legislature, 184; thinks punishment may be fixed in cases of piracy, etc., 184; opposes giving power of war to executive, 188; thinks general government should regulate militia, 190; thinks funds may be diverted in time of war, 191; appointed on grand committee, 193; favors partial national control of militia, 195, 196; favors power to make sumptuary laws, 202; thinks treason may be against a state, 205; thinks treason should be defined, 208; calls up amendment as to money bills, 211; thinks states should retain power over exports, 216; denounces slavery and slave trade, 219; asks how legislature can negative state laws, 231; objects to compelling settlement of old debts, 347; opposes naming slave-importing states, 250; thinks tax on importation of men necessary, 252; on committee of August 25, 254; moves amendment to executive's oath, 256; thinks judges' salaries should be fixed, 258; thinks states may interfere in private contracts, 263; thinks states may lay embargoes, 264; thinks states may wish to encourage industries by imposts, 265; thinks two-thirds vote necessary for commercial regulations, 271; thinks western people should be treated with equality, 274; thinks nine states may ratify constitution, 288; declares he will not sign constitution, 289; approves amendment relative to interstate validity of state acts, 293; thinks members of legislature should not hold other offices, 296; thinks President will usually be chosen by Senate, 301; thinks election of President by electors objectionable, 308; thinks President may be elected by minority, 309; moves that Senate choose President from three highest candidates, 311; thinks system of electors autocratic, 312; prefers eventual election of President by House of Representatives, 318; approves increasing number for quorum to elect President, 319; thinks Vice-President will encroach on Senate's rights, 326; favors an executive council, 331; moves to extend reasons for impeaching President, 335; moves to postpone motion for second convention, 347; thinks two-thirds vote may override President's negative, 362; thinks bill of rights necessary, 364; moves states may levy export duties, 364; moves clause for sumptuary laws, 366; on committee on sumptuary legislation, 366; favors state tax on exports, 367; moves publication of all proceedings of House, 370; favors power to cut canals, 373; opposed to standing armies, 374; moves to strike out prohibition of ex post facto laws, 375; moves verbal amendment to capitation tax clause, 375; moves annual publication of expenditures, 376; thinks states may lay tonnage dues, 380; thinks President should not have power to pardon for treason, 382; thinks legislature should have pardoning power for treason, 382; disapproves provision for amendments, 385; objects to navigation acts by majority, 387; announces he cannot sign constitution, 387; refuses to sign, 398.

McClurg, James, Va., attends convention, i., 2; moves that term of executive be for good behavior, 379; insists upon necessity for independence of executive, 382; Pierce's sketch of, ii., 16, n.; suggests ascertaining how executive is to act, 16; writes to Madison, 75, n., 91, n., 236, n., 340. n.

McHenry, James, Md., attends convention, i., 5; Pierce's sketch of, ii., 167, n.; appointed on grand committee, 193; thinks direct taxation should be by quotas from states, 213; thinks embargo power embraced in war power, 215; moves prohibition of ex post facto laws or bills of attainder, 227; proposes plan for choosing ports of entry, 253; moves judges receive fixed salaries, 258; thinks Maryland must ratify according to her law, 287; thinks vessels will take officers as security of entry dues, 291; moves President have power to convene either house of legislature, 338; moves states may lay tonnage dues, 380.

Mercer, John Francis, Md., attends convention, ii., 75; opposes election of Representatives by the people, 105; opposes whole plan of constitution, 106; thinks the people ought to be guided in their voting, 107; suggests that candidates for Representatives be nominated by state legislatures, 107; opposes requirement of seven years' residence of Representatives in their states, 108, 109; thinks Senate should have power to originate money bills, 115; thinks less than a majority should be quorum of legislature, 132; seconds motion to fix quorum at few, 134; thinks Senate should have only legislative power, 137; thinks two houses will not agree on place of meeting, 140; thinks provisions as to citizenship should not apply to those now citizens, 145; thinks government bound by state laws on naturalization, 148; thinks aristocracies will arise, 160; fears good men will not serve in legislature, 165; thinks Senate ought not to make treaties, 171; thinks judiciary should not be included in revisionary power, 172; opposes taxing exports, 182; declares himself friendly to paper money, 182; favors appointment of treasurer by executive, 184; favors defining of piracies, felonies, etc., 185; opposes power to subdue rebellion without request of state legislature, 186.

Mifflin, Thomas, Pa., attends convention, i., 5; seconds motion that acceptance of other office shall vacate seat in legislature, ii., 159; Pierce's sketch of, 159, n.

Militia, power of regulating, debated, ii., 191, 195; report on, command of, debated, 255. See Legislature, national, power of.

Money bills, originating of. See Legislature, national, money bills, House of Representatives, Senate.

Monroe, James, to Jefferson, on prospects of the convention, ii., 56. n.

Morris, Gouverneur, Pa., attends convention, i., 1; offers address from citizens of Rhode Island, 8; Pierce's sketch of, 8, n.; objects to committee on minutes, 13; moves question of federal or national government, 32; explains difference between federal and national government, 34; favors compromise committee on question of representation, 287; favors election of Senators for life, 287; opposes report of compromise committee on representation, 298; thinks representation should be according to wealth, 303, 319; thinks representation should not be definitely fixed, 304, 334; on committee on representation question, 307; favors originating money bills in both houses, 309, 310; opposes equal representation of small states, 316; submits report on representation in House, 318; favors referring question of representation to committee, 320; moves consideration of question of fixing representation, 320; favors property and population as basis of representation, 324; thinks southern states sufficiently represented, 324; objects to requiring legislature to take census, 328; fears preponderance of western states, 328; opposes inclusion of slaves in basis of representation, 332, 340, 350; moves that taxation be according to representation, 341, 342, 348; thinks legislature should adjust basis of representation, 343; moves reconsideration of question of representation in Senate, 370; opposes taxation by quotas, 371; opposes forbidding national government to interfere with state police, 371; favors power in legislature where harmony would be disturbed by state legislation, 372; opposes negative of state laws by legislature, 372, 374; thinks judiciary will have power to set aside laws, 374; favors election of executive by the people, 375, 376; opposes ineligibility of executive, 379; favors election of executive during good behavior, 379; disclaims friendliness to monarchy, 382; favors appointment of judges by executive, 384; thinks impeachment trials should not be before the judges, 385; favors appointment of judges by executive with consent of Senate, 387; favors power to increase judges' salaries, 387, 389; favors institution of inferior judicial tribunals, 389; opposes continuance of old Congress, 390; opposes guaranteeing existing laws to the states, 390; favors a vigorous executive, ii., 1; favors re-eligibility of executive, 3, 58; favors short term for executive, 9; thinks executive ought not to be impeachable, 11; admits executive ought to be impeachable in some cases, 12, 15; moves that electors for executive be not officials, 15; thinks revisionary power requires more than the executive, 20; thinks judiciary and executive may exercise revisionary power jointly, 24; favors appointment of judges by executive, 27; favors ratification of constitution by the people, 35; moves that voting in Senate be per capita, 37; moves ratification of constitution by a general convention, 37; moves that there be three Senators from each state, 37; opposes election of executive by members of national legislature chosen by lot, 44; opposes election of executive by national legislature, 45; opposes apportionment of direct taxation by representation, 47; favors election of executive by the people, 53; thinks each voter for executive may vote for two persons, 54; opposes property qualification for members of legislature, 60; thinks debtors of government need not be excluded from legislature, 60, 65; seconds motion to strike out "landed" property as requirement in executive, 63; opposes prohibiting national capital at state capital, 66; moves to restrict mutual negative of each branch of legislature on the other to legislative acts, 91; thinks treaties are not laws, 92; moves to strike out provision for time of meeting of legislature, 93; moves to change time of meeting of legislature from December to May, 94; favors absolute negative in executive on legislature, 95; moves restriction of suffrage to freeholders, 96; thinks suffrage should be fixed by legislature, 96; thinks general suffrage will produce aristocracy, 98; favors seven years' citizenship for representatives, 127; opposes requirement that Representatives be residents of their states, 108; moves that representation be by free population, 112; opposes slavery and the slave trade, 112; thinks Senate should have right to originate money bills, 115, 152; agrees that vacancies in Senate must be by refusals, resignations, etc., 117; favors equal vote in Senate, 119; moves fourteen years' citizenship for Senators, 120; opposes admission of aliens into government, 123; moves that state legislatures fix time and mode of electing Representatives, 126; opposes leaving time and mode of electing Representatives exclusively to state legislatures, 128; moves to strike out property qualification, 131; moves to fix quorum at few, 133; thinks any member may call for yeas and nays, 135; thinks majority may expel from legislature, 135; thinks citizenship requirements ought not to apply to those already citizens, 145, 147; thinks members of legislature may hold some other offices, 162, 166; thinks members of legislature may serve in army and navy, 166; favors national compensation of legislature, 167; thinks revenue bills need not be confined to House, 171; thinks some check on legislative acts necessary, 173; moves that executive power of negative extend to resolutions, 176; thinks exports may be taxed, 178, 179; opposes power to emit bills of credit, 181; thinks legislature should punish counterfeiting, 184; moves that legislature punish piracies, etc., 185; thinks legislature should designate piracies, etc., 186; thinks legislature should have power to subdue rebellions, 186; opposes inclusion of executive in power to subdue rebellions in states, 186; thinks power to subdue rebellions necessary, 187; submits propositions for committee of the whole, 200; opposes power to make sumptuary laws, 202; thinks treason should be defined, 203, 204; moves British statute for treason, 205; thinks treason should not be twice punishable, 207; thinks debts should be adjusted with taxation, 210; favors power to tax exports, 214; moves slave-trade question be committed, 224; thinks prohibition of ex post facto laws unnecessary, 227; favors prohibiting bills of attainder, 227; moves new government discharge engagements of old government, 229; moves that Senate shall not have power of appointment, 235; moves that power to enforce treaties be not specified, 285; moves clause giving power over militia, 235; thinks national appointment of state executives should be committed, 237; doubts if treaties should be referred to Senate, 238; suggests that treaties will be negotiated in this country, 239; opposes election of executive by legislature, 244; moves election of executive by electors, 245; moves executive be required to make recommendations to legislature, 246; objects to state power to appoint federal officers, 247; thinks debts of old government should be paid by new government, 249; moves that slave-importing states be named, 250; withdraws motion, 251; thinks freemen may be taxed, 252; seconds motion to make treaties supreme law, 252; moves that executive have power to correspond with states, 254; moves chief justice succeed as executive, 255; objects to removability of judges upon legislature's application, 257; moves judicial power extend to cases in which U. S. is party, 259; asks what is appellate power of judiciary, 259; moves verbal change in judiciary clause, 259; opposes power to suspend habeas corpus except in emergency, 261; opposed to forbidding states to interfere in private contracts, 263; thinks prohibiting embargoes by states unnecessary, 264; thinks states should not tax exports, 266; favors commercial regulations, 270; moves interstate validity of acts of states, 268; opposes admission of western states on an equality, 275; does not wish power to pass to western states, 275; proposes method of admitting new states, 275; opposes admission of new states by two-thirds vote, 275; thinks states must consent to division, 277; thinks question of new states is one of jurisdiction rather than limits, 279; moves that legislature control public lands, 282; thinks supreme court has jurisdiction in land cases, 282; thinks legislatures may call convention to amend constitution, 283; approves motion prohibiting religious test for office, 283; thinks contiguous states must ratify, 284; thinks states may choose method of ratification, 286; moves Congress be not required to approve constitution, 288; favors a second convention, 351; on committee of August 31, 292; moves amendment on the subject of interstate validity of state acts, 293; favors national bankruptcy laws, 294; thinks members of legislature may hold other offices, 295; fears election of President will devolve on Senate, 301; defends system of electors, 301, 314; thinks election of President should be free from cabal, 302; prefers eventual election of President by Senate to whole legislature, 303; thinks each House should be judge of privileges of its own members, 304; moves postponement of clause relative to revenue bills, 306; seconds motion to require state legislature's consent to national purchase of forts, etc., 306; does not think Senate will elect President, 309; favors separate provision for re-election of President, 313, 318; thinks Vice-President will not be in accord with President, 326; thinks President must concur in treaties of peace, 330; thinks executive council unnecessary, 331; opposes special provision for treaties of peace, 333; thinks whole legislature should participate in treaties of peace, 334; objects to two-thirds of Senate being a quorum, 335; favors impeachment for maladministration, 335; thinks Senate should try impeachments, 336, 337; on committee on style and arrangement, 338; favors three-quarters vote to override President's negative, 361; points out danger from unstable laws, 362; favors state power to collect export duties, 365; explains words "direct taxes" in report, 367; approves verbal amendment on negative of bills, 368; moves suspension from office of persons impeached, 370; thinks legislature may appoint treasurer, 371; moves offences against law of nations be definable, 372; thinks government can establish university, 374; opposes provision against standing army, 374; thinks publication of expenditures impossible, 376; thinks states may lay tonnage dues, 380; opposes power of legislature to pardon for treason, 382; moves executive and others have power of appointment, 383; moves amendments by general convention, 385; moves states have equal suffrage in Senate, 386; announces he will sign constitution, 393.

Morris, Robert, Pa., attends convention, i., 1; Pierce's sketch of, 2, n.; moves Washington's election as president of convention, 3; thinks Senate should be chosen by the people, 95; favors life term for Senators, 236.

N

National government of three branches agreed to, i., 35.

"National" in Virginia plan, word struck out, i., 190.

Naturalized citizens, rights of debated, ii., 145.

Navigation acts, question of, committed, ii., 225; postponed, 253; agreed to, 273; considered, 291; debated, 380, 386.

Navy, provision for, debated, ii., 194.

Negative on legislative acts. See Executive, national, negative of; Judiciary, national, supreme, negative of.

Negative on state laws. See Legislature, national, negative of.

New Hampshire, moved that governor of, be requested to send delegates, i., 272; representation of, 322, 324; delegates from, attend convention, ii., 29.

New Jersey plan. See Jersey plan.

Nightingale, Jos., signs address from Rhode Island, i., 11, n.

North Carolina, representation of, i., 325, ii., 378.

O

Oath to support national government from state officers, debated, i., 79, 122, 123, 137, ii., 30; to support constitution, affirmation permitted, 284.

Olney, Jeremiah, signs address from Rhode Island, i., 11, n.

P

Pardons and reprieves. See Executive, national, power of.

Patents and copyrights. See Legislature, national, power of.

Patterson plan. See Jersey plan.

Patterson, William, N. J., attends convention, i., 1; Pierce's sketch of, 79, n.; moves to consider mode of voting in legislature, 109; favors equal vote by states in legislature, 111, 315; offers plan of government, 137; on committee on representation, 292; defends small states, 302; opposes inclusion of blacks in representation, 321; favors adjournment to consider representation in Senate, 367; opposes ineligibility of executive, ii., 6.

Peace, power to declare, debated, ii., 188.

Pensioners, disqualification of, from legislature, proposed, ii., 64.

Phillips, Jonas, letter of, ii., 322, n.

Pierce, William, Ga., notes of convention, i., 1, n.; sketch of Yates, 1, n.; sketch of Robert Morris, 2, n.; sketch of Few, 2, n.; sketch of Blair, 1, n.; sketch of Bassett, 1, n.; sketch of Washington, 3, n.; sketch of Wilson, 3, n.; sketch of Hamilton, 4, n.; sketch of Wythe, 5, n.; sketch of King, 5, n.; sketch of Mason, 6, n.; sketch of Gouverneur Morris, 8, n.; sketch of Butler, 11, n.; sketch of Spaight, 11, n.; sketch of Charles Pinckney, 13, n.; sketch of Randolph, 13, n.; sketch of Charles Cotesworth Pinckney, 33, n.; sketch of Gerry, 34, n.; sketch of Sherman, 34, n.; sketch of Read, 35, n.; sketch of Madison, 36, n.; attends convention, 39; sketch of Rutledge, 46, n.; sketch of Franklin, 49, n.; sketch of Bedford, 54, n.; sketch of Williamson, 57, n.; sketch of Dickinson, 62, n.; sketch of Davey, 65, n.; sketch of Patterson, 79, n.; favors election of Representatives by people and to Senate by legislatures, 89; sketch of Pierce, 89, n.; sketch of Brearley, 109, n.; sketch of Ellsworth, 120, n.; proposes three years' term for Senators, 128; sketch of Jenifer, 124, n.; sketch of Lansing, 138, n.; sketch of Johnson, 200, n.; sketch of Strong, 207, n.; sketch of Gorham, 210, n.; sketch of Alexander Martin, 218, n.; sketch of Dayton, 245, n.; opposes equal state representation, 268; sketch of Baldwin, 271, n.; sketch of Broome, ii., 8, n.; sketch of McClurg, 16, n.; sketch of Gilman, 29, n.; sketch of Houston, 38, n.; sketch of Carroll, 39, n.; sketch of Langdon, 64, n.; sketch of McHenry, 157, n.; sketch of Mifflin, 159, n.; sketch of Livingston, 209, n.; sketch of Blount, 394, n.; sketch of Ingersoll, 396.

Pinckney, Charles, S. C., attends convention, i., 2; appointed on committee on rules, 4; moves a committee on minutes, 13; Pierce's sketch of, 13, n.; submits plan of constitution, 19; letters of concerning draft, 19, n.; asks if state governments are to be abolished, 33; favors enumerating powers of national legislature, 45; favors vigorous executive, 56; favors seven years' term for national executive, 54; favors single executive, 66; favors appointment of judiciary by executive, 78; opposes provision for amendments of constitution, 79; favors ratification by nine states, 81; moves election of Representatives by state legislatures, 84; opposes inclusion of judiciary in revisionary power, 93; moves consideration of negative on state laws, 94; favors election of Senators by state legislatures, 100; favors negative by legislature on all laws, 101; moves classification of states to determine representation, 107; favors representation by free population, 120; proposes selection of judges by legislature, 131; favors election of representatives by the people, 224; opposes equal state representation in Senate, 286; favors representation by population, 307; thinks originating money bills in House no concession, 310; favors representation of blacks equal with whites, 346; proposes proportional representation in Senate, 356; favors negative by legislature of state laws, 374; favors election of executive by the people, 376; opposes impeachability of executive, ii., 11, 13; favors appointment of judges by Senate, 26; moves that executive be elected by legislature for not more than six years in twelve, 52; moves exclusion from executive and judiciary of debtors of government, 61; opposes disqualification of debtors from legislature, 65; thinks national capital ought not to be at state capital, 67; moves reference to committee of whole of report of committee of detail, 91; thinks time of meeting of legislature need not be fixed in constitution, 93; moves increase in representation of South Carolina, 110; thinks fisheries and western frontier more burdensome than slavery, 114; moves to strike out requirement as to money bills, 115; favors fourteen years' citizenship for Senators, 121; thinks no strangers should be in legislature, 121; moves that time and mode of election of Representatives be fixed by state legislatures, 126; insists on property qualification for officers of government, 128; opposes considering question of money bills, 141; thinks government not bound to respect state laws on naturalization, 147; opposes ineligibility of members of legislature to other offices, 158, 163; moves that acceptance of other office shall vacate seat in legislature, 159; favors postponement of clause relating to eligibility of members of legislature to other offices, 166; thinks judiciary should not be included in revisionary power, 172; favors appointment of treasurer by joint ballot, 184; moves legislature subdue rebellions without application to state legislatures, 186; thinks Senate should have power to declare war, 187; thinks state debts may be assumed by government, 192; opposes executive council, 193; favors national control of militia, 197; submits propositions for committee of detail, 198; seconds Morris's propositions for committee of detail, 200; moves power to create necessary offices, 203; declares constitution will fail if slave trade is prohibited, 218; defends slavery, 221; moves to commit question of navigation acts, 225; moves officers be forbidden to accept presents from foreign states, 234, 235; moves national power to negative state laws, 236; thinks state executives should be appointed by national government, 237; moves election of executive by majority of legislature, 244; thinks rights of habeas corpus should be assured, 261; proposes that fugitive slaves be surrendered, 267; moves to recommit question of interstate validity of state acts, 267; favors commercial regulations, 269; moves that no religious test be required for office, 283; moves that Congress be not required to approve constitution, 288; moves ineligibility of members of legislature to other offices with emoluments, 294; thinks they should be eligible to other offices, 296; asks why mode of electing President is to be changed, 301; thinks electors objectionable, 301, 307; moves each house of legislature judge privileges of its own members, 304; agrees to postponement of clause relative to revenue bills, 306; seconds motion that two-thirds of Senate be present when electing President, 318; thinks Senate should not share in appointments, except of ambassadors, 328; opposes power of impeaching President, 336; moves an address to accompany constitution, 347; opposes three-quarter vote to override President's negative, 363; moves power to establish a university, 374; thinks legislature should not name treasurer, 371; opposes provision against standing armies, 374; moves guaranty of liberty of the press, 375; favors publication of accounts from time to time, 376; favors increase of North Carolina representation, 379; moves preservation of jury trials in civil cases, 384; announces he will sign constitution, 388; urges unequivocal signing, 396.

Pinckney, Charles Cotesworth, S. C., attends convention, i., 1; Pierce's sketch of, 23, n.; opposes election of Representatives by the people, 90; thinks Senate should have power to originate money bills, 134; favors election of Representatives by state legislatures, 204, 206; opposes ineligibility of Representatives to state offices, 217; favors four years' term for Senators, 236, 238; favors no salary for Senators, 244; thinks Senate should be dependent on states, 247; favors compromise on representation, 287; thinks originating money bills in House no concession, 312; favors equality of representation for southern states, 323; favors greater representation for southern states, 324; moves increase of representation for North and South Carolina, and Georgia, 325; insists upon inclusion of blacks in basis of representation, 331; opposes tax on exports, 342; thinks slave property should be protected, 343; favors first census as basis of representation, 346; opposes adjournment on representation question, 367; insists constitution must provide against emancipation, ii., 39; moves exclusion from judiciary and executive of public debtors, 61; seconds motion to strike out provision for mutual negative of one branch of government over another, 92; moves that representation of South Carolina be increased, 110; moves ten years' citizenship for Senators, 125; asks whether there is to be no army, 135; favors national control of militia, 196, 197; declares constitution will fail if it interferes with slavery, 221; declares South Carolina will not soon stop slave trade, 223; on committee on navigation acts, 225; favors effective control of militia, 232; seconds motion to reconsider question of discharge of debts, 241; favors extension of slave trade, 250; proposes plan for selecting ports of entry, 253; thinks judges' salaries may be raised, 258; favors compromise on commercial regulations, 269; praises New England men, 269; approves motion that no religious test be required for office, 283; opposes clause as to juries in civil cases, 384; dislikes form of signing, 396, n.

Pinckney plan, real date of, i., xvi.; letters concerning, i., 19, n; submitted, 20; facsimile of, 21; referred to committee of detail, ii., 48, 74.

Piracies and felonies, power to declare, debated, ii., 184.

Ports of entry, method of choosing, debate on, ii., 253.

Post-offices, power to establish. See Legislature, national, power of.

Prayers in convention proposed by Franklin, i., 259, 260.

Presents, acceptance of, from foreign states, by officers, forbidden, ii., 235.

President, the. See Executive, national.

President of the convention, Washington elected, i., 3.

Property qualification. See Executive, national, compensation of; Judiciary, national, compensation of; Legislature, national, property qualification for; Senate.

Proportional representation. See Legislature, national, representation in.

Q

Quorum. See Legislature, national, quorum in.

R

Randolph, Edmund, Va., attends convention, i., 1; offers Virginia plan, 13; Pierce's sketch of, 13, n.; explains design of Senate, 43; opposes indefinite power of legislature, 47; opposes single executive, 51, 63; opposes election of executive by state executives, 109; favors provision for amendment of constitution, 122; favors oath of allegiance to national government from state officers, 122; favors seven years' term for Senators, 128; moves extent of supreme court's jurisdiction, 130; opposes Jersey plan, 150; favors two years' term for representatives, 207; favors national compensation for Representatives, 210; favors rotation in personnel of Senate, 236; moves that sermon be preached to convention, 261; favors committee of compromise on representation, 291; on committee of compromise on representation, 307; objects to submitting question of voting in Senate to committee of small states, 308; opposes reduction of representation of New Hampshire, 324; moves that census be required, 327, 331, 344; moves representation by free inhabitants and three-fifths slaves, 344-350; favors adjournment on representation in Senate, 367, 368; opposes power to legislate where state legislation would interrupt harmony, 372; favors appointment of judges by Senate, 386; favors guaranty of republican government to states, 391; favors ineligibility to re-election of executive, ii., 4; favors impeachability of executive, 14; favors appointment of judges by executive, 27; thinks constitution should be ratified by the people, 31; favors fixing time of meeting of legislature provisionally, 44; thinks it unimportant when legislature meets, 95; revives question of money bills originating, 116; thinks state executives may safely fill vacancies in Senate, 117; moves to postpone question of voting in Senate, 118, 119; favors postponement of question of originating money bills, 120; opposes fourteen years' residence for Senators, 123; favors nine years' citizenship for Senators, 125; moves legislature have power to compel attendance of members, 135; approves expulsion from legislature by two-thirds vote, 135; thinks yeas and nays may be ordered by any member of legislature, 136; moves Senators may dissent from any measure, 136; thinks originating money bills ought to be reconsidered, 140; moves four years' citizenship for Representatives, 142; moves bills to raise revenue shall originate in House without power of amendment in Senate, 149; thinks provision as to money bills should stand, 155; favors disqualification of members of legislature from other offices, 166, 296; moves that power of negative extend to resolutions, 177; favors power to emit bills of credit, 182; doubts whether legislature may declare law of piracies, 185; moves that legislature define piracies, etc., 185; opposes suppression of rebellion without request of state, 187; favors extended definition of treason, 203; moves British statute on treason, 205; favors commitment of question of slave trade, 224; thinks power to fulfil engagements or old government unnecessary, 229; favors national control of militia, 232; moves postponement of question of treaty-making, 240; favors reconsideration of question of discharge of debts, 241; suggests states appoint some federal officers, 246; moves obligations of old government be binding on new, 249; opposed to removability of judges on application of legislature, 257; moves judges' salaries be fixed for three years, 258; on committee on interstate validity of state acts, 268; favors interstate validity of state acts, 268; announces objection to features of constitution, 273; moves that ratification from nine states be required, 284; favors second convention to consider amendments, 289; thinks declaration as to state acts defective, 294; asks why the mode of electing President is to be changed, 301; thinks eventual election of executive should be by whole legislature, 303; doubts whether each House should judge of the privileges of its members, 304; thinks mode of choosing President aristocratic, 310; moves that legislature name President when both President and Vice-President die, 323; thinks Vice-President should not be President of Senate, 326; thinks state conventions may offer amendments to constitution, 343; states his objections to the constitution, 346; proposes second convention, 346; moves pardons in treason cases be considered, 347; moves use of word "service" for "servitude," 367; seconds verbal amendment to clause on negative of bills, 368; moves suspension of officers impeached, 370; favors power to grant charters, 373; seconds motion against standing armies, 374; moves to except treason from President's power to pardon, 382; thinks President and Senate should not combine, 382; announces he cannot sign constitution, 387; proposes second federal convention, 388; thinks second convention feasible, 395; does not sign, 398.

Ratification of constitution, method of, debated, i., 80, ii., 32, 254, 342, 344; by conventions, proposed, i., 79; by people of states, 122, 135, 187; by assemblies chosen by the people, debated, ii, 38; resolutions concerning, offered, 368.

Read, George, Del., attends convention, i., 2; moves debate on three branches of government, 35; Pierce's sketch of, 35; moves to postpone question of representation, 37; favors national government, 89; moves Senate be named by executive, 95; opposes guaranty of territory to the states, 121; favors forbidding Senate from originating money bills, 133; thinks injustice was done small states in land cession, 237; supports small states on question of representation, 232; favors life term for Senators, 236; moves nine years' term for Senators, 238; thinks the United States ought to be one people, 241; favors abolishing states, 263; favors increase in representation, 326; thinks representation ought to be fixed by legislature, 334; thinks taxation and representation may be adjusted, 348; moves absolute negative by executive on legislature, ii., 95; opposes requirement that Representatives live in the states they represent, 108; opposes provision as to money bills, 118; moves that national legislature have power over elections if states make no provision, 128; opposes power to emit bills of credit, 183; moves that treasurer be appointed by executive, 184; doubts national control of militia, 198; thinks requisitions were accommodated to poverty of states, 212; favors commitment of question of taxing exports, 224; moves President of Senate have additional casting vote for executive, 244; on committee of August 25, 254; objects to same court having equity and law jurisdiction, 256; opposed to separate provision for re-election of President, 313; thinks small states should have vote for President in legislature, 325; moves prohibition of direct tax, 375.

Rebellion in states, power to subdue, debated, ii., 186.

Representation in legislature. See Legislature, national, representation in, House of Representatives, Senate.

Republican government, guaranty of, to states, debate on, i., 79, 121, 137, 390, ii., 282; amendment adopted, 384.

Rhode Island, address from citizens of, i., 8, n.; moved representation of, be increased, ii., 378.

Rules, of convention, committee on, appointed, i., 5; adopted, 6; additional, adopted, 12. Of legislature. See Legislature, national, rules of.

Russell, William, signs address from Rhode Island; i., 11, n.

Rutledge, John, S. C., attends convention, i., 2; seconds motion for Washington's election as President, 3; wants enumeration of powers of legislature, 46; Pierce's sketch of, 46, n.; favors single executive, 66; opposes appointment of judges by executive, 77; opposes inferior judicial tribunals, 82; moves classification of states to determine representation, 107; favors representation according to wealth, 115, 120, 364; favors two years' term for Representatives, 124; thinks Senators should receive no compensation, 129; favors election of Representatives by state legislatures, 205; favors ineligibility of Representatives to other offices, 218, 223; opposes sending for New Hampshire delegates, 272; on committee on compromise on representation, 292, 307; moves fixing representation, 319; opposes increase in representation, 327; moves that representation be by wealth and population, 333; proposes to reconsider originating of money bills, 355; thinks powers of legislature loosely defined, 366; opposes adjournment to consider representation, 368; opposes guaranteeing republican government to states, 392; favors election of executive by state legislatures, ii., 8; opposes inclusion of judiciary in revisionary power, 25; on committee to report constitution according to resolutions, 58; submits report of committee, 75; moves annual meeting of legislature, 95; opposes confining suffrage to freeholders, 106; favors seven years' residence in their states of Representatives, 108; favors three years' residence in their states of Representatives, 110; insists on longer than seven years' citizenship for Senators, 125; moves mode of election of Representatives be left to state legislatures, 126; insists on property qualification for officers of government, 129, 132; moves publication of Senate journals, 137; thinks provision as to citizenship should apply to those already citizens, 146; opposes provision as to money bills, 156; seconds motion to postpone provision as to money bills, 171; urges progress, 175; opposes tax on exports, 178; moves that funds for public creditors be not diverted, 191; moves that state debts be assumed by government, 196; urges expedition, 193; defends slavery, 218; declares South Carolina and Georgia will not accept constitution if it prohibits slave trade, 224; submits report on Madison and Pinckney propositions, 225; thinks prohibition of ex post facto laws unnecessary, 228; reports constitution according to resolutions, 228; moves constitution be the supreme law, 235; opposes power of negative of state laws, 237; thinks judiciary will decide controversies between states, 241; moves election of executive by joint ballot of legislature, 242; opposed to removability of judges on legislature's application, 257; moves judiciary have power over treaties, 259; thinks rights of habeas corpus should be inviolable, 261; moves to prohibit bills of attainder and retrospective laws, 263; on committee on interstate validity of state acts, 268; favors commercial regulations, 272; thinks there is no danger of dismemberment of states, 278; thinks it unnecessary to guarantee public lands, 281; presents committee report, 292; opposes plan for executive, 308; moves Senate choose President from thirteen candidates, 311; moves two-thirds of whole Senate concur in treaties, 334; objects to general power against slavery, 341; opposes legislature appointing treasurer, 371; opposes address to people, 377; moves to limit President's emoluments, 381.

S

Seat of government, not to be at same place with state capital, ii., 66; at central point proposed, 67; provisions for, 140.

Second branch of legislature. See Legislature, national, Senate.

Senate. See Legislature, national, Senate.

Sermon for members of convention agreed to, i., 261.

Sherman, Roger, Conn., attends convention, i., 32; favors conservative course toward states, 34; Pierce's sketch of, 34, n.; opposes election of Representatives by the people, 39; favors election of one Senator from each state, 45; favors election of executive by state legislatures, 50, 54, 375; favors three years' term for executive, 54; thinks legislature should have power to remove executive, 63; favors an executive council, 68; opposes negative by executive, 71; opposes ratification of constitution by conventions, 80; opposes creation of inferior judiciary tribunals, 82; favors election of Representatives by state legislatures, 85; favors elections to Senate by state legislatures, 94, 99; favors limiting power of negative on state laws, 104; proposes proportional representation in House and by states in Senate, 114; proposes each state have one vote in Senate, 120; opposes oath to national government by state officers, 122; proposes one-year term for Representatives, 124; proposes five years' term for Senators, 128; opposes leaving time and mode or electing Representatives to state legislatures, 129; proposes election of judges by national legislature, 131; thinks money bills may originate in Senate, 133; opposes two branches of legislature, 196; favors election of Representatives by state legislatures, 205; consents to two years' term for Representatives, 208; favors compensation of Representatives by states, 211; opposes ineligibility of Representatives to state offices, 217, 220, 223; favors six years' term for Senators, 237; favors six or four years' term for Senators, 240; favors rights of small states, 258; proposes committee on representation, 287, 320; favors vote by states in Senate, 313; moves to postpone question of representation, 318; opposes increase in representation, 325, 326; opposes periodical census, 329; thinks representation should be fixed by census, 333; thinks representation fairly apportioned, 339; favors leaving question of taxation to state legislatures, 349; thinks Senators may vote per capita, 357; thinks government should have coercive power over states, 363; thinks government will act on states in requiring tax quotas, 363; moves that government should not interfere with internal policy of states, 371; opposes direct taxation by national government, 371; thinks state courts will consider state laws contravening national authority invalid, 372; opposes negative by legislature of state laws, 372; opposes ineligibility of executive to second term, 379; opposes tenure of executive for good behavior, 380; favors appointment of judges by Senate, 382; favors appointment of judges by executive with consent of Senate, 387; opposes creation of inferior judicial tribunals, 389; favors negative of each branch of legislature on the other, ii., 91; thinks time of meeting of legislature should be specified, 94; moves Representatives be inhabitants of their states, 107; thinks representation should stand, 111; moves that representation not exceed 1 to 40,000, 112; thinks slaves should be included in representation, 114; thinks yeas and nays may not be required, 136; moves publication of journal of legislature, 138; thinks general government can make any regulations as to citizenship, 146; thinks those in power should be free from temptation, 163; favors payment of legislature partly by states and partly by nation, 168; thinks power of negative should not be extended, 174; thinks revision of acts by President unnecessary, 177; favors no tax on exports, 178, 180; opposes appointment of treasurer by joint ballot, 184; thinks executive should not have power to commence war, 188; thinks state debts may be assumed by government, 192; appointed on grand committee, 193; thinks states should partially control militia, 196, 197; thinks resistance to national laws treason, 207; thinks report on state debts meaningless, 210; favors limiting representation of large states, 210; moves settlement of debts on basis of taxation, 211; thinks provision as to slave trade may stand, 218, 224; thinks question of taxing exports settled, 224; moves that states have power to train militia, 230; withdraws motion, 230; proposes mixed control of militia, 231; thinks states should appoint militia officers, 233; thinks negative of state laws by general government unnecessary, 236; thinks judiciary will decide controversies between states, 241; opposes election of executive by joint ballot of legislature, 242; objects to executive appointing all officers, 246; objects to legislatures of states appointing federal officers, 247; moves express provision for paying debts, 249; opposed to taxing men as property, 251; thinks revenue the object of import tax on slaves, 252; on committee of August 25, 254; moves amendment to pardoning power, 254; moves militia be under executive when in active service, 255; favors removability of judges on application of legislature, 257; moves judicial power extend to land grants, 260; reports amendments on commercial regulations and judicial power, 260; moves to prohibit bills of credit or payments in anything but coin, 262; wishes to crush paper money, 262, 263; thinks states should have power to lay embargoes, 264; thinks state legislatures may deal with impost question, 265; moves that states may tax exports for national treasury, 265; opposes surrender of fugitive slaves and servants, 266; desires commercial regulations by majority vote, 270; declare all should have equal privileges, 275; thinks Union cannot dismember a state, 276; moves admission of new states by consent of state legislatures, 278; thinks constitution may guarantee public lands, 281; thinks no religious test will be applied for office, 283; thinks ratification should be from ten states, 284, 287; thinks ratification should be by all states, 285; moves to postpone ratification question, 287; moves to take up report of committee of eleven, 290; moves to refer draft of constitution to committee, 292; on committee, 292; opposes national bankruptcy law, 294; favors ineligibility of members of legislature to other offices, 295; does not object to election of Vice-President by majority, 300; thinks army in time of peace should be restricted, 305; willing to defer to those who think revenue bills vital, 306; thinks large states will have advantage in nominating candidates for President, 309; thinks President should not be chosen from three candidates, 311; thinks when legislature votes for President it should vote by states, 313; moves eventual election of President by House of Representatives, 318; approves of Vice-President being President of Senate, 326; favors inclusion of Senate in treaty-making, 327; thinks whole legislature should participate in treaties of peace, 333; moves that majority of whole Senate vote for treaties, 334; thinks supreme court should not try President, 336; thinks representation large enough, 339; moves states be required to consent to amendments, 341; favors submitting constitution to Congress, 344; favors two-thirds vote to override President's negative, 361; thinks state bills of rights sufficient, 364; thinks legislature should appoint treasurer, 371; objects to power to cut canals, 372; thinks provision for liberty of press unnecessary, 375; thinks accounts may be published from time to time, 376; opposes address to states, 378; favors additional representation for North Carolina, 378; thinks states and nation may have concurrent commercial jurisdiction, 381; seconds motion to vest appointments in President and others, 383; thinks three-quarter states may oppress others by amendments, 385; thinks conventions may act on amendments, 386; moves that states be preserved, 386; moves to strike out clause concerning amendments, 386.

Signing constitution, mode proposed, ii., 391; takes place, 393.

Slavery and slave trade, debate on, ii., 218, 250; compromise on, brought in, 269; power to prohibit, objected to, 366.

Slaves, import tax on, agreed to, ii., 252; delivery up of fugitive, proposed, 267; agreed to, 274; verbal amendment made, 384.

South Carolina, motion that representation of, be increased, ii., 110.

Spaight, Richard Dobbs, N. C., attends convention, i., 2; moves rule for revision of questions, 11; Pierce's sketch of, 11, n.; seconds motion for representation by free inhabitants, 37; favors election to Senate by free population, 43; withdraws motion for elections to Senate by state legislatures, 44; moves reconsideration of appointment of executive by electors, ii., 39; seconds motion to elect executive by national legislature, 40; fears capital will be located at New York, 139; favors commercial regulations by majority vote, 271; moves Senate choose President from thirteen candidates, 311; moves seven years' term for executive, 316; moves six years' term, 316; moves electors meet at seat of government, 317; proposes President make appointments during recess of Senate, 329; moves special provision respecting territorial rights, 332.

State acts, validity of, debated, ii., 267, 293; certain, prohibited, 377.

State debts, debate on assumption of, ii., 192.

State laws, negative of. See Legislature, national, negative of.

State police, non-interference in, by national government, debated, i., 371.

State representation, equal in House, debated, i., 268; in Senate, 273, 286; committee to arrange, debated, 287, 292; report of committee, 293. See Legislature, national, representation in.

States, admission of new, provision for, agreed to, i., 78, 137, 390; debated, ii., 274, 275, 277, 278, 279, 280, 384.

Strong, Caleb, Mass., attends convention, i., 5; favors one-year term for Representatives, 207; Pierce's sketch of, 207, n.; favors committee on representation, 291; favors equal representation by states in Senate, 359; opposes inclusion of judiciary in revisionary power, ii., 20; thinks executive will not be re-elected, 40; thinks question of voting in Senate should be postponed, 118; favors $4 per day as payment for legislature, 170; moves revenue bills originate in House, 170.

Style and arrangement, committee on. See Committee on style and arrangement.

Sumptuary laws, debate on, ii., 202, 366; committee on, see Committee on sumptuary laws.

Supreme Court. See Judiciary, national supreme.

T

Taxation, by representation, debated, i., 342, 349, ii., 47; basis of, by free and slave population, debated, i., 343; direct on states in proportion to representation, debated, 350; direct by national government, opposed, 371; proposed that it be by quotas, ii., 207; according to congressional representation, debated, 208, 211; definition of direct, asked, 208; by population, proportion agreed to, 210; power of, on exports, debated, 217, 218, 376; on migration of slaves, debated, 218; on slaves, debated, 219, 241; capitation and direct, debated, 375. See Legislature, national, representation in.

Term of members of legislature. See Legislature, national, term of.

Territory, guaranty of, to each state, debated, i., 121.

Tonnage dues. See Navigation acts.

Treason, debate on, ii., 202.

Treasurer, appointment of. See Legislature, national, power of.

Treaties, power to make, debated, i., 242, 243, ii., 238, 327; force of, debated, 252; power to interpret, by judiciary, debated, 259; of peace, how to be made, 330, 332, 333; provision for, reconsidered, 333; proposed that they require two-thirds Senate, 334, 335; proposed that they require majority, 335; notice of, to Senators, proposed, 335. See Legislature, national, Senate.

U

University, national. See Legislature, national, power of.

V

Varnum, J. M., letter from, with address from Rhode Island, i., 9, n.

Vermont, admission of, to Union, debated, ii., 276.

Veto power. See Executive, national, negative of.

Vice-President, duties of, defined, ii., 299, 300, 326.

Virginia plan, the, presented to convention, i., 13; debated in committee of the whole, 32; debated, 39; reported on from committee of the whole, 134, 184; vote on, 185.

Voting, restriction of, to freeholders, debated, ii., 96.

W

War, power to declare, debated, ii., 187.

Washington, George, Va., attends convention, i., 1; elected president of convention, 3; thanks convention for election, 3; Pierce's sketch of, 3, n.; rebukes member for losing his notes, 48, n.; John Jay's letter to, ii., 48, n.; Knox's letter to, 158, n.; urges increase in representation, iv., 392; asks instructions concerning journals, 397.

Williamson, Hugh, N. C., attends convention, i., 2; objects to election of executive by districts, 57; Pierce's sketch of, 57, n.; moves impeachability of executive, 65; favors limiting Senate to twenty-five members, 95; opposes indefinite power of negative on state laws, 103; favors proportional representation, 114; favors states paying representatives, 210; moves that number in Senate be fixed, 235; favors six years' term for Senators, 236; thinks rights of small states not menaced, 253; favors committee on representation in Senate, 291; opposes compromise proposed, 361; thinks Senate better able to consider money bills than House, 309; thinks proposed representation unfair to southern states, 324; favors reducing representation of northern states, 324; amends motion fixing periodical census, 330; thinks New Hampshire representation too large, 348; opposes election of executive by people, 378; opposes eligibility of executive to re-election, ii., 8, 41; opposes election of executive by electors, 8; favors six years' term for executive, 9; moves number of electors be based on Representatives, 10; moves electors be paid out of national treasury, 17; suggests national officers take oath to support state governments, 30; favors ratification of constitution by conventions, 35; favors voting per capita in Senate, 38; dislikes single executive, 41; suggests voting for three persons for executive, 54; favors forbidding national capital at state capital, 66; seconds motion to limit negative of each branch of legislature on the other, 91; moves representation in House based on taxation, 110; favors reconsidering question of money bills, 116; thinks provision for filling vacancies in Senate necessary, 117; insists upon guarding qualifications of Senators, 125, 131; thinks provision on money bills should be retained, 141; moves nine years' citizenship for Representatives, 144; opposes eligibility of members of legislature to other offices, 163; moves postponement of question of money bills, 171; moves to make three-quarters of legislature necessary to overcome executive negative, 176; thinks exports should not be taxed, 179; thinks state lands ought to be given up, 193; appointed on grand committee, 193; favors restrictions on army, 195; moves quotas of states be determined, 211; opposes apportionment of taxation by representation, 212; thinks states should not have power to tax exports, 213; thinks slave trade should be left to states, 223; on committee on navigation acts, 225; thinks prohibition of ex post facto laws unnecessary, 228; thinks discussion of negative of state laws unnecessary, 237; doubts if judiciary can impartially decide controversies between states, 241; opposes slavery, but wishes union, 251; on committee of August 25, 254; moves to postpone question of executive succession, 256; seconds motion to make it impossible for states to levy imposts, 265; moves clause of articles of confederation as to state acts, 267; favors commercial regulations by two-thirds vote, 270; thinks question of new states should be left to legislature, 275, 278; on committee of August 31, 292; thinks ineligibility of members of legislature should extend to offices created during their term, 295, 296; objects to President's dependence on Senate in appointments, 302; moves to reconsider representation, 307; objects to Senate electing President, 308, 310, 315; moves election of President by one-third of all electors, 310; moves electors voting be the only ones counted, 311; favors separate provision for re-electing President, 313; moves seven years' term for President, 316; moves six years' term for President, 316; thinks electors should meet at seat of government, 317; suggests eventual election of President by whole legislature, voting by states, 318; thinks Vice-President unnecessary, 326; thinks treaties of peace important, 330, 332; thinks treaties may be made without majority of people, 333; opposes requirement that treaties be ratified by majority of whole Senate, 334; proposes that notice of treaties to Senators be required, 335; thinks Senate will lean towards President, 336; moves increase in representation in House of Representatives, 338; moves that old Congress sanction constitution, 346; favors two-thirds vote to override President's negative, 361; fears too many laws, 362; moves provision for juries in civil suits, 363; moves increase of representation, 369; seconds motion against direct tax, 375; suggests signing letter only, 393.

Wilson, James, Pa., attends convention, i., 1; nominates William Temple Franklin for secretary of convention, 3; Pierce's sketch of, 3, n.; favors election of Representatives by the people, 41, 205; favors election of Senators by the people, 44, 95; favors a single executive, 49, 50, 67; favors election of executive by the people, 53, 55, ii., 6, 47; favors three years' term for executive, i., 54; moves election of executive by district electors, 56; opposes an executive council, 68; favors negative by executive on legislature, 69, 71; favors creation of inferior judiciary, 73, 82; favors inclusion of judiciary in power of negative, 75; opposes appointment of judges by legislature, 77; favors ratification by plurality of States, 81; favors election of Representatives by the people, 84; favors preservation of state governments for local purposes, 90; favors inclusion of judiciary in revisionary power, 91, ii., 17, 25; favors election to Senate by districts, i., 98; favors absolute negative in legislature, 104; favors proportional representation, 113, 115, 257; favors representation by free inhabitants, 119; thinks voting in Senate should be on same plan as in House, 121; opposes Jersey plan, 146; opposes Hamilton plan, 185; insists that states are dependent on each other, 188; favors two branches of legislature, 198; thinks state governments may encroach on national government, 201; favors one-year term for Representatives, 207; favors national compensation of Representatives, 211; moves that compensation be fixed by legislature, 212; opposes age limit for Representatives, 214; opposes ineligibility of Representatives to other offices, 214, 220; opposes elections to Senate by state legislatures, 233; favors six years' term for Senators, 237; favors nine years' term for Senators, 243; opposes eligibility of Senators to state offices, 247; opposes sending for New Hampshire delegates, 272; opposes representation by states in Senate, 273; admits question of number of Senators is embarrassing, 280; opposes committee on representation in Senate, 291; moves question of voting in Senate, 308; opposes originating money bills in House, 309, 312; opposes yielding equal vote in Senate to small states, 314; thinks representation of western states should be based on property, 320; thinks wealth an impracticable rule of representation, 334; opposes inclusion of three-fifths of blacks as basis of representation, 339; favors guaranty of republican government to the states, 342; moves that representation be according to direct taxation, 344; favors representation based on free inhabitants and three-fifths of slaves, 344; favors adjusting taxation to representation, 349; thinks equal vote in Senate favored by minority, 355; insists that numbers are correct basis for representation, 355; thinks small states would abandon plea of equality in taxes and troops, 356; thinks originating money bills in House of little consequence, 356; insists on proportional representation in Senate, 362; favors non-interference of national government with state police, 371; opposes election of executive by the people, 375; opposes election of executive by legislature, 377; favors appointment of judges by executive, 384; favors continuance of old Congress till new government starts, 390; favors guaranty to states of republican government and against violence, 392; favors impeachability of executive, ii., 11; thinks departments should act separately, 24; thinks oath of allegiance unnecessary, 30; opposes election of executive by legislature, 43; suggests election of executive by members of national legislature selected by lot, 44, 47; on committee to report constitution according to resolutions, 48; favors specifying general principles for executive, 56; opposes disqualification from legislature of persons having unsettled accounts, 64; thinks time of meeting of legislature should be fixed, 93; favors winter as time for meeting of legislature, 95; thinks suffrage in the States should not be prescribed by legislature, 96; favors requiring Representatives to be inhabitants, 108; opposes requirement of seven years' inhabitancy for Representatives, 108, 109; thinks question of representation by free inhabitants premature, 114; opposed to originating money bills in House, 115; reviews question of citizenship of Representatives, 116; objects to vacancies in Senate being filled by state executives, 116; thinks provision as to money bills of no value to large states, 118, 120; opposes fourteen years' residence as necessary for Senators, 123; moves to reconsider requirement of seven years for Representatives, 132; thinks number for quorum should not be small, 134; thinks publication of legislative journal necessary, 138; moves four years' citizenship for Representatives, 142; insists Representatives need not be natives, 145; thinks new government bound by Pennsylvania's promises to foreigners, 148; moves seven years' citizenship for Senators, 149; thinks people will disapprove members of legislature holding other offices, 164; thinks good men will refuse legislature if debarred from other offices, 165; seconds motion to have acts revised by executive and judiciary, 172; thinks legislature will swallow up powers of government, 175; favors making three-fourths of legislature necessary to overcome executive negative, 176; explains difference between "duties" and "imposts," 177; thinks exports may be taxed, 179; opposed to power to emit bills of credit, 182; thinks it unnecessary to define felonies, etc., 185; thinks law of felonies, etc., ought to be declared, 185; moves that treason be against United States, 205; thinks treason may be against a state, 206; thinks proof of treason may be difficult, 207; favors power to tax exports, 215; seconds motion to tax exports by two-thirds of legislature, 217; thinks slaves should be taxed, 222; favors commitment of question of navigation acts, 225; thinks prohibition of ex post facto laws unnecessary, 228; thinks Senate should not make appointments, 235; thinks negative of state laws unnecessary, 237; objects to Senate's power to make treaties, 239; thinks judiciary may decide controversies between states, 242; seconds motion for election of executive by the people, 243; thinks larger states should have larger share in election of executive, 295; thinks Senate should not have separate voice in election of executive, 246; thinks state legislatures will order federal offices filled by state appointment if permitted, 247; thinks pardon before conviction may be necessary, 255; opposes removability of judges on application of legislature, 257; explains appellate power of judiciary, 260; doubts if suspension of right of habeas corpus is ever necessary, 262; moves legislature be prohibited from paying debts in anything but coin, 262; thinks states should not interfere with contracts, 263; objects to treating fugitive slaves as criminals, 267; favors interstate validity of state acts, 267; on committee to consider subject, 268; favors commercial regulations by majority vote, 271; thinks majority may regulate formation of new states, 277; thinks new states may be formed without consent of old, 278; opposes motion to guarantee public lands, 281; proposes ratification by seven states, 284; prefers ratification by eight states to nine, 285; thinks constitution binding only on ratifying states, 285; moves that ratification be by majority of people and states, 287; thinks state power over other states' acts not unusual, 293; opposes ineligibility of members of legislature to other offices, 296; approves plan of electing executive, 302; thinks it unnecessary to give each House power over privileges of its members, 304; moves eventual election of President by whole legislature, 309; thinks eventual election of President by Senate dangerous, 313; moves to include House of Representatives in treaty-making power, 327; objects to Senate's participation in appointments, 328; objects to participation of two-thirds Senate on treaties, 329, 334; favors executive council, 332; favors ratification of treaties with majority of Senate, 333; thinks less than two-thirds Senate may ratify treaties of peace, 333; opposed to President convening either house of legislature, 338; moves amendments be with consent of two-thirds of states, 341; substitutes three-fourths, 341; opposes reconsideration of ratification clause, 343; thinks old Congress need not sanction constitution, 345; moves to strike out "direct taxes," 367; thinks legislature should not define offences against law of nations, 372; seconds motion in favor of canals, 372, 373; favors national university, 374; thinks accounts should be published from time to time, 376; thinks executive may pardon for treason, 382; favors depositing convention journal with president, 397.

Wythe, George, Va., attends convention, i., 2; appointed on committee on rules, 4; submits report of committee on rules, 5; Pierce's sketch of, 5, n.; offers additional rules, 12.

Y

Yates, Robert, N. Y., attends convention, i., 1; Pierce's sketch of, 1, n.; on committee on compromise on representation, 292; leaves convention, 298, n.

Yeas and nays. See Legislature, national.

Transcriber Notes:

Passages in italics were indicated by underscores.

Passages in bold were indicated by =equal signs=.

Small caps were replaced with ALL CAPS.

Throughout the document, the oe ligature was replaced with "oe".

Throughout the document, a tilded m is represented by [~m].

This document was filled with errors and inconsistencies in spelling, punctuations, and hyphenation. For example, usually the word re-eligible is hyphenated, but sometimes it is not; sometimes; reinstated is hyphenated but sometimes it is not; and usually the comma is used as a thousand mark, but sometimes a period is used for that purpose. Sometimes vice President was used and sometimes vice-President was used. Also, the abbreviations were not uniform (e.g., Mas. v. Mass.), which were only corrected when it is was clear which abbreviation was considered correct at the time printed. Another example is the abbreviation for Resolution, which was sometimes Resol:^n, sometimes Resol^n, and sometimes Resol.^n. Sometimes "nem: con." was used, and sometimes "nem. con." was used. The only time errors were corrected was when it was very clear that an error was made, and it was clear how the error should be corrected, and those corrections are listed below.

Throughout the document there are instances where a comma is used where one expects a period, a period is used where one expects a comma, a colon is used where one expects a comma or period, neither is used when one is expected. This instances are left as-is, except for two exceptions: where a period is missing at the end of a sentence or missing at the end of an abbreviation, both of which happened so often that those corrections were made but were not listed below.

Throughout the document, there was no consistence in the formatting of the titles for each date, (e.g., FRIDAY AUG^{ST} 10. IN CONVENTION). No attempt was made to correct such inconsistencies.

Capitalization was corrected throughout the document without comment.

Throughout the document, a single superscripted letter is represented by that single letter preceded by a caret, and more than one superscripted letters are represented by the letters enclosed by curly brackets. Thus, the word "y^e" represents a word where the "y" is normal and the "e" is superscripted; and the word "2^{dnd}" represents a word where the "2" is normal and the "dnd" is superscripted. In both conventions, it is assumed that a dot appeared below the superscripted letters, since in the original text a dot was often (but not always) present under the superscripted letters. Thus, "2^{dnd}" in the present text would represent a normal digit "2" followed directly by the superscripted letters "dnd" with a single dot below the set of three letters.

On page 7, "difficulty an seemed" was replaced with "difficulty and seemed".

On page 7, "Hamshire" was replaced with "Hampshire".

On page 8, a period was added after "div^d.".

On page 9, removed period between "6" and "years".

On page 16, "forign" was replaced with "foreign".

On page 17, in footnote 4, "McLurg" was replaced with "McClurg".

On page 26, a period was added after "2".

On page 38, "[blank]" was inserted to mark a large blank space that appeared in the footnote.

On page 46, there is a missing opening quotation mark in the last paragraph, but it is unclear where that mark should go.

On page 47, the word "this" was capitalized in the sentence starting "This is committing too much".

On page 50, "forign" was replaced with "foreign".

On page 53, a period was added after "change of measures".

On page 76, a comma was added after the word "Virginia".

On page 81, the comma after "weights and measures" was replaced with a semicolon.

On page 112, a quotation mark was added after "40.000.".

On page 135, "M^r Kings" was replaced with "M^r King's".

On page 137, "M^r Carrols" was replaced with "M^r Carrol's".

On page 140, "in the shape it which" was replaced with "in the shape in which".

On page 143, "It" was capitalized at the beginning of a sentence.

On page 145, "Hamiltons" was replaced with "Hamilton's"

On page 146, "Will" was capitalized at the beginning of a sentence.

On page 147, the period after "the violaters" was changed to a question mark.

On page 166, "Pinkneys" was replaced with "Pinkney's".

On page 167, "[blank]" was inserted to mark a large blank space within parenthesizes.

On page 184, "Reads" was replaced with "Read's".

On page 189, a colon was added after "the General Legislature".

On page 189, a quotation mark was added after "limits of the U. States."

On page 207, "misdemesnors" was replaced with "misdemeanors".

On page 211, "there" was replaced with "There".

On page 212, "it" was replaced with "It".

On page 217, a quotation mark was added after "exports".

On page 218, a period was added after "2".

On page 228, "reflextions" was replaced with "reflections".

On page 228, "The" was replaced with "the".

On page 230, a quotation mark was added after "training".

On page 235, a quotation mark and a comma was added after "foreign State".

On page 236, a period was added after "nem: contrad".

On page 237, the quotation mark was deleted after "&c &c."

On page 242, a quotation mark was added after "a second time."

On page 248, "these" was replaced with "These".

On page 301, "2 the" was replaced with "2. The", and "6. the" was replaced with "6. The".

On page 305, "U. S" was replaced with "U. S.".

On page 305, "biennally" was replaced with "biennially".

On page 306, a quotation mark was added after "purchased for forts".

On page 314, a comma was removed after "The Senate".

On page 319, a quotation mark was removed after "the States,".

On page 324, in Footnote 58, a period was added after "united States of america".

On page 332, a quotation mark was added after "the States present". On page 399, the word "the" was shown by the printer to be inserted in the sentence. This insertion was made.

On page 414, added period were removed after some names in the signatures.

On page 440, in the index entry for Mason, which begins "doubts propriety of mutual negative", "legiture" was replaced with "legislature".

On page 457, in the index entry "Knox's letter to, 158 ;" for "Washington, George, Va.", "n. was entered in the missing blank.

Throughout the document, "Sharman" was replaced with "Sherman".

Throughout the document, one delegate is sometimes named "Dickinson" and is sometimes named "Dickenson"; and another delegate is sometimes named "Carroll" and is sometimes named "Carrol".

In the index, entries divided by page markers were joined into single entries where possible, and the formatting of the index was regularized (e.g., periods replaced with commas for uniformity of formatting).