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Elliot's Debates - Volume I - Part II

SATURDAY, July 21, 1787

.

It was moved and seconded to add the following clause to the resolution respecting the electors of the supreme executive, namely, “who shall be paid out of the national treasury, for the devotion of their time to the public service;”

which passed in the affirmative.

It was moved and seconded to add, after the words “national executive,” in the 10th resolution, the words “together with the supreme national judiciary;” which passed in the negative.


Yeas: Connecticut, Maryland, Virginia, 3. Nays: Massachusetts, Delaware, North Carolina, South Carolina, 4. Divided: Pennsylvania, Georgia, 2.


It was moved and seconded to agree to the 10th resolution, as reported from the committee of the whole house, namely: —


“ Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature;”


which passed unanimously in the affirmative.

On the question to agree to the following amendment of the 3d clause of the 11th resolution, namely, “that the judges shall be nominated by the executive, and such nomination shall become an appointment, if not disagreed to by the

second branch of the legislature,” it passed in the negative.


Yeas: Massachusetts, Pennsylvania, Virginia, 3. Nays: Connecticut, Delaware, Maryland, North Carolina, Georgia, 5.


On the question to agree to the following clause of the 11th resolution, as reported from the committee of the whole house, namely, “the judges of which shall be appointed by the second branch of the national legislature,” it passed in

the affirmative.


Yeas: Connecticut, Delaware, Maryland, North Carolina, South Carolina, Georgia, 6. Nays: Massachusetts, Pennsylvania, Virginia, 3.


And then the house adjourned till Monday next.

MONDAY, July 23, 1787

.

The Hon. John Langdon and Nicholas Gilman, Esqrs. deputies from the state of New Hampshire, attended and took their seats.

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

On the question to agree to the 17th resolution, as reported from the committee of the whole house, namely, “that provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary,” it passed

unanimously in the affirmative.

It was moved and seconded to add, after the word “states,” in the 18th resolution, the words “and of the national government,” which passed in the affirmative.

On the question to agree to the 18th resolution, as amended, namely, “that the legislative, executive, and judiciary powers within the several states, and of the national government, ought to be bound by oath to support the articles of

union,” it passed unanimously in the affirmative.

It was moved and seconded to strike the following words out of the 19th resolution, reported from the committee of the whole house, namely, “to an assembly or assemblies of representatives, recommended by the several legislatures, to

be expressly chosen by the people to consider and decide thereon;” which passed in the negative.


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


On the question to agree to the 19th resolution, as reported from the committee of the whole house, namely, —


“ Resolved, That the amendments which shall be offered to the Confederation by the Convention ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly or assemblies of representatives,

recommended by the several legislatures, to be expressly chosen by the people to consider and decide thereon,” —


it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1.


It was moved and seconded to agree to the following resolution, namely: —


“ Resolved, That the representation in the second branch of the legislature of the United States consist of members from each state, who shall vote per capita. ”


It was moved and seconded to fill up the blank with the word “three;” which passed in the negative.


Yea: Pennsylvania, 1. Nays: New Hampshire, Massachusetts, Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.


It was moved and seconded to fill up the blank with the word “two;” which was unanimously agreed to.

On the question to agree to the resolution as filled up, it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Maryland, 1.


It was moved and seconded to reconsider that clause of the resolution respecting the appointment of the supreme executive; which passed in the affirmative.


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


And to-morrow was assigned for the reconsideration.


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


Motion to adjourn. Negatived unanimously.

It was moved and seconded that the proceedings of the Convention for the establishment of a national government, except what respects the supreme executive, be referred to a committee for the purpose of reporting a constitution,

conformably to the proceedings aforesaid; which passed unanimously in the affirmative.

On the question that the committee consist of a member from each state, it passed in the negative.


Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.


On the question that the committee consist of seven, it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Maryland, South Carolina, 5. Nays: Pennsylvania, Delaware, Virginia, North Carolina, Georgia, 5.


On the question that the committee consist of five, it passed unanimously in the affirmative — to-morrow assigned for appointing the committee.

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

TUESDAY, July 24, 1787

.

It was moved and seconded to strike the following words out of the resolution respecting the supreme executive, namely, “by electors appointed for that purpose by the legislature of the states,” and to insert the words “by the national

legislature;” which passed in the affirmative.


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


It was moved and seconded to strike out the word “six,” and to insert the word “fifteen.”

It was moved and seconded to postpone the consideration of the resolution respecting the executive; which passed in the negative.


Yeas: Connecticut, Pennsylvania, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, 6. Divided: Delaware, 1.


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


“ Resolved, That the supreme executive shall be chosen every years by electors, to be taken by lot from the national legislature; the electors to proceed immediately to the choice of the executive, and not to separate until it be

made.”


The question of order to be taken on the last motion, it was determined that the motion is in order.


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


On the question to postpone the consideration of the resolution, it passed unanimously in the affirmative.

The house then proceeded to ballot for the committee of detail, when the Hon. Mr. Rutledge, Mr. Randolph, Mr. Gorham, Mr. Ellsworth, and Mr. Wilson, were chosen.

It was moved and seconded to discharge the committee of the whole house from acting on the propositions submitted to the Convention by the Hon. Mr. C. Pinckney, and that the said propositions be referred to the committee to whom the

proceedings of the Convention are referred; which passed unanimously in the affirmative.

It was moved and seconded to take the like order on the propositions submitted to the Convention by the Hon. Mr. Patterson, which passed unanimously in the affirmative.

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

WEDNESDAY, July 25, 1787

.

It was moved by Mr. Ellsworth, and seconded, to agree to the following amendment to the resolution respecting the election of the supreme executive, namely, —


“except when the magistrate last chosen shall have continued in office the whole term for which he was chosen, and be reëligible; in which case the choice shall be by electors appointed for that purpose by the several legislatures.”


Passed in the negative.


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


It was moved by Mr. Pinckney, and seconded, to agree to the following amendment of the resolution respecting the supreme executive, namely: —


“ Provided, That no person shall be capable of holding the said office for more than six years in any term of twelve.”


It was moved and seconded to postpone the consideration of the last amendment; which passed in the negative.


Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, Delaware, North Carolina, South Carolina, Georgia, 6.


On the question to agree to the amendment, it passed in the negative.


Yeas: New Hampshire, Massachusetts, North Carolina, South Carolina, Georgia, 5. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 6.


It was moved and seconded that the members of the committee be furnished with copies of the proceedings; which passed in the affirmative.


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


It was moved and seconded that members of the house take copies of the resolutions which have been agreed to. Passed in the negative.


Yeas: Connecticut, New Jersey, Delaware, Virginia, North Carolina, 5. Nays: New Hampshire, Massachusetts, Pennsylvania, Maryland, South Carolina, Georgia, 6.


It was moved and seconded to refer the resolution respecting the executive (except that clause which provides that it consist of a single person) to the committee of detail.

Before determination was taken on the last motion, it was moved and seconded to adjourn. Passed in the affirmative.


Yeas: Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Connecticut, 2.


The house adjourned till to-morrow, at 11 o’clock, A. M.

THURSDAY, July 26, 1787

.

It was moved and seconded to amend the 3d clause of the resolution respecting the national executive, so as to read as follows, namely, “for the term of seven years, to be ineligible a second time;” which passed in the affirmative.


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


On the question to agree to the whole resolution respecting the supreme executive, namely, —


“ Resolved, That a national executive be instituted —

“To consist of a single person;

“To be chosen by the national legislature;

“For the term of seven years;

“To be ineligible a second time;

“With power to carry into execution the national laws;

“To appoint officers not otherwise provided for;

“To be removable on impeachment and conviction of malpractice or neglect of duty;

“To receive a fixed compensation for the devotion of his time to public service;

“To be paid out of the public treasury,” —


it passed in the affirmative.


Yeas: New Hampshire, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, Maryland, 3. Divided: Virginia, 1.


It was moved and seconded to agree to the following resolution, namely: —


“ Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of landed

property and citizenship in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States; and for disqualifying all such persons as are indebted to, or have unsettled

accounts with, the United States, from being members of either branch of the national legislature.”


It was moved and seconded to strike out the word “landed.” It passed in the affirmative.


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


On the question to agree to the clause respecting the qualification as amended, it passed in the affirmative.


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


It was moved and seconded to add the words “and pensioners of the government of the United States,” to the clause of disqualification; which passed in the negative.


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


It was moved and seconded to strike out the following words, namely, “or have unsettled accounts with;” which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 9. Nays: New Jersey, Georgia, 2.


On the question to agree to the clause of disqualification as amended, it passed in the negative.


Yeas: North Carolina, Georgia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, 9.


It was moved and seconded to agree to the following resolution, namely: —


“ Resolved, That it be an instruction to the committee to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses for preventing the seat of the national

government being in the same city or town with the seat of the government of any state, longer than until the necessary public buildings can be erected.”


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

It was moved and seconded to refer such proceedings of the Convention, as have been agreed on since Monday last, to the committee of detail; which passed unanimously in the affirmative. And then the house, by unanimous vote, adjourned,

till Monday, August 6.

RESOLUTIONS OF THE CONVENTION,

REFERRED, ON THE TWENTY-THIRD AND TWENTY-SIXTH OF JULY, 1787, TO A COMMITTEE OF DETAIL, [MESSRS RUTLEDGE, RANDOLPH, GORHAM, ELLSWORTH AND WILSON,] FOR THE PURPOSE OF REPORTING A CONSTITUTION.

J OURNALS .

June “I. Resolved, That the government of the United States ought to consist of a supreme legislative, judiciary, and executive.

2.

“II. Resolved, That the legislature consist of two branches.

21. “III. Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several states, for the term of two years; to be paid out of the public treasury; to receive an adequate compensation

for their services; to be of the age of twenty-five years at least; to be ineligible to, and incapable of holding, any office under the authority of the United States, (except those peculiarly belonging to the functions of the first

branch,) during the term of service of the first branch.

22.

23.

25. “IV. Resolved, That the members of the second branch of the legislature of the United States ought to be chosen by the individual legislatures; to be of the age of thirty years at least; to hold their offices for six years, one

third to go out biennially; to receive a compensation for the devotion of their time to the public service; to be ineligible to, and incapable of holding, any office under the authority of the United States, (except those peculiarly

belonging to the functions of the second branch,) during the term for which they are elected, and for one year thereafter.

“V. Resolved, That each branch ought to possess the right of originating acts.

Postponed, 27. “VI. Resolved, That the national legislature ought to possess the legislative rights vested in Congress by the Confederation; and moreover, to legislate, in all cases, for the general interests of the Union, and also in

those to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation.

July

16.

17.

“VII. Resolved, That the legislative acts of the United States, made by virtue, and in pursuance, of the articles of union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the

respective states, as far as those acts or treaties shall relate to the said states, or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the

respective laws of the individual states to the contrary notwithstanding.

16. “VIII. Resolved, That, in the original formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members, of which number

New Hampshire shall send 3

Massachusetts 8

Rhode Island 1

Connecticut 5

New York 6

New Jersey 4

Pennsylvania 8

Delaware shall send 1

Maryland 6

Virginia 10

North Carolina 5

South Carolina 5

Georgia 3

But as the present situation of the states may probably alter in the number of their inhabitants, the legislature of the United States shall be authorized, from time to time, to apportion the number of representatives; and in case any

of the states shall hereafter be divided, or enlarged by addition of territory, or any two or more states united, or any new states created within the limits of the United States, the legislature of the United States shall possess

authority to regulate the number of representatives, in any of the foregoing cases, upon the principle of their number of inhabitants, according to the provisions hereafter mentioned, namely: — Provided always, that representation

ought to be proportioned according to direct taxation. And in order to ascertain the alteration in the direct taxation which may be required, from time to time, by the changes in the relative circumstances of the states, —

“IX. Resolved, That a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner

and according to the ratio recommended by Congress in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly.

16. “X. Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and

shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch.

“XI. Resolved, That, in the second branch of the legislature of the United States, each state shall have an equal vote.

26. “XII. Resolved, That a national executive be instituted, to consist of a single person, to be chosen by the national legislature, for the term of seven years; to be ineligible a second time; with power to carry into execution the

national laws; to appoint to offices in cases not otherwise provided for; to be removable on impeachment and conviction of malpractice or neglect of duty; to receive a fixed compensation for the devotion of his time to public service,

to be paid out of the public treasury.

21. “XIII. Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each branch of the national legislature.

18. “XIV. Resolved, That a national judiciary be established, to consist of one supreme tribunal, the judges of which shall be appointed by the second branch of the national legislature; to hold their offices during good behavior; to

receive punctually, at stated times, a fixed compensation for their services, in which no diminution shall be made, so as to affect the persons actually in office at the time of such diminution.

21.

18.

“XV. Resolved, That the national legislature be empowered to appoint inferior tribunals.

18. “XVI. Resolved, That the jurisdiction of the national judiciary shall extend to cases arising under laws passed by the general legislature, and to such other questions as involve the national peace and harmony.

“XVII. Resolved, That provision ought to be made for the admission of new states lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of

a number of voices in the national legislature less than the whole.

“XVIII. Resolved, That a republican form of government shall be guarantied to each state; and that each state shall be protected against foreign and domestic violence.

23. “XIX. Resolved, That provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary.

“XX. Resolved, That the legislative, executive, and judiciary powers, within the several states, and of the national government, ought to be bound, by oath, to support the articles of union.

“XXI. Resolved, That the amendments which shall be offered to the Confederation by the Convention ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly or assemblies of representatives,

recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon.

“XXII. Resolved, That the representation in the second branch of the legislature of the United States consist of two members from each state, who shall vote per capita.

26. “XXIII. Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications

of property and citizenship, in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States.”

The propositions offered to the Convention, on the 29th of May, by Mr. C. Pinckney, and on the 15th of June, by Mr. Patterson, were referred to the committee, with the above resolutions.

MONDAY, August 6, 1787

.

The house met agreeably to adjournment.

The Hon. John Francis Mercer, Esq., one of the deputies from the state of Maryland, attended, and took his seat.

The Hon. Mr. Rutledge, from the committee to whom were referred the proceedings of the Convention for the purpose of reporting a constitution for the establishment of a national government, conformable to the proceedings, informed the

house that the committee were prepared to report.

The report was then delivered in at the secretary’s table; and, being read once throughout, and copies thereof given to the members, it was moved and seconded to adjourn till Wednesday morning; which passed in the negative.


Yeas: Pennsylvania, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, 5.


The house then adjourned till to-morrow morning, at 11 o’clock.

DRAFT OF A CONSTITUTION,

REPORTED BY THE COMMITTEE OF FIVE, AUGUST 6, 1787.


[One copy of this printed draft is among the papers deposited by President Washington in the Department of State; another copy is among the papers of Mr. Brearly, furnished by General Bloomfield.]


“ WE, the people of the states of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do

ordain, declare, and establish, the following Constitution for the government of ourselves and our posterity: —

“ ART. I. The style of this government shall be, “The United States of America.”

“ ART. II. The government shall consist of supreme legislative, executive, and judicial powers.

“ ART. III. The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate, each of which shall, in all cases, have a negative on the other. The

legislature shall meet on the first Monday in December every year.

“ ART. IV. SECT. 1. The members of the House of Representatives shall be chosen every second year, by the people of the several states comprehended within the Union. The qualifications of the electors shall be the same, from time to

time, as those of the electors in the several states, of the most numerous branch of their own legislatures.

“ SECT. 2. Every member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen in the United States for at least three years before his election; and shall be, at the time of his

election, a resident of the state in which he shall be chosen.

“ SECT. 3. The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner hereinafter described, consist of sixty-five members, of whom three shall be chosen in

New Hampshire, eight in Massachusetts, one in Rhode Island and Providence Plantations, five in Connecticut, six in New York, four in New Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North

Carolina, five in South Carolina, and three in Georgia.

“ SECT. 4. As the proportions of numbers in the different states will alter from time to time; as some of the states may hereafter be divided; as others may be enlarged by addition of territory; as two or more states may be united; as

new states will be erected within the limits of the United States, — the legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions hereinafter made, at

the rate of one for every forty thousand.

“ SECT. 5. All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be

drawn from the public treasury but in pursuance of appropriations that shall originate in the House of Representatives.

“ SECT. 6. The House of Representatives shall have the sole power of impeachment. It shall choose its speaker and other officers.

“ SECT. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the states in the representation from which they shall happen.

“ ART. V. SECT. 1. The Senate of the United States shall be chosen by the legislatures of the several states. Each legislature shall choose two members. Vacancies may be supplied by the executive, until the next meeting of the

legislature. Each member shall have one vote.

“ SECT. 2. The senators shall be chosen for six years; but immediately after the first election, they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two, and three. The seats of the members of the

first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; of the third class at the expiration of the sixth year; — so that a third part of the members may be chosen

every second year.

“ SECT. 3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen of the United States for at least four years before his election; and shall be, at the time of his election, a resident of

the state for which he shall be chosen.

“ SECT. 4. The Senate shall choose its own president and other officers.

“ ART. VI. SECT. 1. The times and places, and the manner, of holding the elections of the members of each house, shall be prescribed by the legislature of each state; but their provisions concerning them may, at any time, be altered by

the legislature of the United States.

“ SECT. 2. The legislature of the United States shall have authority to establish such uniform qualifications of the members of each house, with regard to property, as to the said legislature shall seem expedient.

“ SECT. 3. In each house a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day.

“ SECT. 4. Each house shall be the judge of the elections, returns, and qualifications, of its own members.

“ SECT. 5. Freedom of speech and debate in the legislature shall not be impeached or questioned in any court or place out of the legislature; and the members of each house shall, in all cases, except treason, felony, and breach of the

peace, be privileged from arrest during their attendance at Congress, and in going to and returning from it.

“ SECT. 6. Each house may determine the rules of its proceedings; may punish its members for disorderly behavior; and may expel a member.

“ SECT. 7. The House of Representatives, and the Senate when it shall be acting in a legislative capacity, shall keep a journal of their proceedings, and shall, from time to time, publish them; and the yeas and nays of the members of

each house, on any question, shall, at the desire of one fifth part of the members present, be entered on the journal.

“ SECT. 8. Neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that at which the two houses are sitting. But this regulation shall not extend to the Senate when it shall

exercise the powers mentioned in the article.

“ SECT. 9. The members of each house shall be ineligible to, and incapable of holding, any office under the authority of the United States, during the time for which they shall respectively be elected; and the members of the Senate

shall be ineligible to, and incapable of holding, any such office for one year afterwards.

“ SECT. 10. The members of each house shall receive a compensation for their services, to be ascertained and paid by the state in which they shall be chosen.

“ SECT. 11. The enacting style of the laws of the United States shall be, ‘ Be it enacted, and it is hereby enacted, by the House of Representatives, and by the Senate, of the United States, in Congress assembled. ’

“ SECT. 12. Each house shall possess the right of originating bills, except in the cases before mentioned.

“ SECT. 13. Every bill, which shall have passed the House of Representatives, and the Senate, shall, before it become a law, be presented to the President of the United States, for his revision. If, upon such revision, he approve of

it, he shall signify his approbation by signing it; but if, upon such revision, it shall appear to him improper for being passed into a law, he shall return it, together with his objections against it, to that house in which it shall

have originated, who shall enter the objections at large on their journal, and proceed to reconsider the bill; but if, after such reconsideration, two thirds of that house shall, notwithstanding the objections of the President, agree

to pass it, it shall, together with his objections, be sent to the other house, by which it shall likewise be reconsidered; and if approved by two thirds of the other house also, it shall become a law. But, in all such cases, the votes

of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the bill shall be entered in the journal of each house respectively. If any bill shall not be returned by the President within

seven days after it shall have been presented to him, it shall be a law, unless the legislature, by their adjournment, prevent its return; in which case, it shall not be a law.

“ ART. VII. SECT. 1. The legislature of the United States shall have the power to lay and collect taxes, duties, imposts, and excises;

“To regulate commerce with foreign nations, and among the several states;

“To establish a uniform rule of naturalization throughout the United States;

“To coin money;

“To regulate the value of foreign coin;

“To fix the standard of weights and measures;

“To establish post-offices;

“To borrow money and emit bills on the credit of the United States;

“To appoint a treasurer by ballot;

“To constitute tribunals inferior to the Supreme Court;

“To make rules concerning captures on land and water;

“To declare the law and punishment of piracies and felonies committed on the high seas, and the punishment of counterfeiting the coin of the United States, and of offences against the law of nations;

“To subdue a rebellion in any state, on the application of its legislature;

“To make war;

“To raise armies;

“To build and equip fleets;

“To call forth the aid of the militia, in order to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions; and,

“To make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the government of the United States, or in any department or officer thereof.

“ SECT. 2. Treason against the United States shall consist only in levying war against the United States, or any of them, and in adhering to the enemies of the United States, or any of them. The legislature of the United States shall

have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the

person attained.

“ SECT. 3. The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every sex and condition, including those bound to servitude for a term of years, and three fifths

of all other persons not comprehended in the foregoing description, (except Indians not paying taxes;) which number shall, within six years after the first meeting of the legislature, and within the term of every ten years afterwards,

be taken in such manner as the said legislature shall direct.

“ SECT. 4. No tax or duty shall be laid by the legislature on articles exported from any state; nor on the migration or importation of such persons as the several states shall think proper to admit; nor shall such migration or

importation be prohibited.

“ SECT. 5. No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken.

“ SECT. 6. No navigation act shall be passed without the assent of two thirds of the members present in each house.

“ SECT. 7. The United States shall not grant any title of nobility.

“ ART. VIII. The acts of the legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens

and inhabitants; and the judges in the several states shall be bound thereby in their decisions; any thing in the constitutions or laws of the several states to the contrary notwithstanding.

“ ART. IX. SECT. 1. The Senate of the United States shall have power to make treaties, and appoint ambassadors, and judges of the Supreme Court.

“ SECT. 2. In all disputes and controversies now subsisting, or that may hereafter subsist, between two or more states, respecting jurisdiction or territory, the Senate shall possess the following powers: Whenever the legislature, or

the executive authority, or the lawful agent of any state in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing, notice of such memorial and application shall be given, by

order of the Senate, to the legislature, or the executive authority of the other state in controversy. The Senate shall assign a day for the appearance of the parties, by their agents, before that house. The agents shall be directed to

appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question.

“But if the agents cannot agree, the Senate shall name three persons out of each of the several states; and from the list of such persons each party shall, alternately, strike out one, until the number shall be reduced to thirteen; and

from that number not less than seven, nor more than nine names, as the Senate shall direct, shall in their presence be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or

judges to hear and finally determine the controversy; provided a majority of the judges, who shall hear the cause, agree in the determination. If either party shall neglect to attend at the day assigned, without showing sufficient

reasons for not attending; or, being present, shall refuse to strike, the Senate shall proceed to nominate three persons out of each state, and the clerk of the Senate shall strike in behalf of the party absent or refusing. If any of

the parties shall refuse to submit to the authority of such court, or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment. The judgment shall be final and conclusive.

The proceedings shall be transmitted to the president of the Senate, and shall be lodged among the public records for the security of the parties concerned. Every commissioner shall, before he sit in judgment, take an oath, to be

administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, ‘well and truly to hear and determine the matter in question, according to the best of his judgment, without favor,

affection, or hope of reward.’

“ SECT. 3. All controversies concerning lands claimed under different grants of two or more states, whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequent to such grants, or any of them, shall,

on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different states.

“ ART. X. SECT. 1. The executive power of the United States shall be vested in a single person. His style shall be, ‘The President of the United States of America;’ and his title shall be, ‘His Excellency.’ He shall be elected by

ballot by the legislature. He shall hold his office during the term of seven years, but shall not be elected a second time.

“ SECT. 2. He shall, from time to time, give information to the legislature of the state of the Union. He may recommend to their consideration such measures as he shall judge necessary and expedient. He may convene them on

extraordinary occasions. In cases of disagreement between the two houses with regard to the time of adjournment, he may adjourn them to such time as he thinks proper. He shall take care that the laws of the United States be duly and

faithfully executed. He shall commission all the officers of the United States, and shall appoint officers in all cases not otherwise provided for by this Constitution. He shall receive ambassadors, and may correspond with the supreme

executives of the several states. He shall have power to grant reprieves and pardons; but his pardon shall not be pleadable in bar of an impeachment. He shall be commander-in-chief of the army and navy of the United States, and of the

militia of the several states. He shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during his continuance in office. Before he shall enter on the duties of his department,

he shall take the following oath or affirmation: ‘I, —, solemnly swear (or affirm) that I will faithfully execute the office of President of the United States of America.’ He shall be removed from his office on impeachment by the House

of Representatives, and conviction in the Supreme Court, of treason, bribery, or corruption. In case of his removal as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the president of the

Senate shall exercise those powers and duties until another President of the United States be chosen, or until the disability of the President be removed.

“ ART. XI. SECT. I. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as shall, when necessary, from time to time, be constituted by the legislature of the United States.

“ SECT. 2. The judges of the Supreme Court, and of the inferior courts shall hold their offices during good behavior. They shall, at stated times, receive for their services a compensation which shall not be diminished during their

continuance in office.

“ SECT. 3. The jurisdiction of the Supreme Court shall extend to all cases arising under laws passed by the legislature of the United States; to all cases affecting ambassadors, other public ministers, and consuls; to the trial of

impeachments of officers of the United States; to all cases of admiralty and maritime jurisdiction; to controversies between two or more states, except such as shall regard territory or jurisdiction; between a state and citizens of

another state; between citizens of different states; and between a state, or the citizens thereof, and foreign states, citizens, or subjects. In cases of impeachment, cases affecting ambassadors, other public ministers, and consuls,

and those in which a state shall be party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, with such exceptions and under such regulations as the legislature shall make. The

legislature may assign any part of the jurisdiction above mentioned, (except the trial of the President of the United States,) in the manner, and under the limitations, which it shall think proper, to such inferior courts as it shall

constitute from time to time.

“ SECT. 4. The trial of all criminal offences (except in cases of impeachments) shall be in the state where they shall be committed, and shall be by jury.

“ SECT. 5. Judgment, in cases of impeachment, shall not extend farther than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States. But the party convicted shall,

nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law.

“ ART. XII. No state shall coin money; nor grant letters of marque and reprisal; nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.

“ ART. XIII. No state, without the consent of the legislature of the United States, shall emit bills of credit, or make any thing but specie a tender in payment of debts; lay imposts or duties on imports; nor keep troops or ships of

war in time of peace; nor enter into any agreement or compact with another state, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to

admit of a delay until the legislature of the United States can be consulted.

“ ART. XIV. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

“ ART. XV. Any person charged with treason, felony, or high misdemeanor, in any state, who shall flee from justice, and shall be found in any other state, shall, on demand of the executive power of the state from which he fled, be

delivered up and removed to the state having jurisdiction of the offence.

“ ART. XVI. Full faith shall be given in each state to the acts of the legislatures, and to the records and judicial proceedings of the courts and magistrates of every other state.

“ ART. XVII. New states, lawfully constituted or established within the limits of the United States, may be admitted by the legislature into this government; but to such admission the consent of two thirds of the members present in

each house shall be necessary. If a new state shall arise within the limits of any of the present states, the consent of the legislature of such states shall be also necessary to its admission. If the admission be consented to, the new

states shall be admitted on the same terms with the original states. But the legislature may make conditions with the new states concerning the public debt which shall be then subsisting.

“ ART. XVIII. The United States shall guaranty to each state a republican form of government; and shall protect each state against foreign invasions; and, on the application of its legislature, against domestic violence.

“ ART. XIX. On the application of the legislature of two thirds of the states in the Union for an amendment of this Constitution, the legislature of the United States shall call a convention for that purpose.

“ ART. XX. The members of the legislatures, and the executive and judicial officers of the United States, and of the several states, shall be bound by oath to support this Constitution.

“ ART. XXI. The ratification of the conventions of states shall be sufficient for organizing this Constitution.

“ ART. XXII. This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention that it should be afterwards submitted to a convention chosen in each state,

under the recommendation of its legislature, in order to receive the ratification of such convention.

“ ART. XXIII. To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the

assent and ratification of the conventions of states, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution; that, after such publication, the legislatures of the

several states should elect members of the Senate, and direct the election of members of the House of Representatives; and that the members of the legislature should meet at the time and place assigned by Congress, and should, as soon

as may be, after their meeting, choose the President of the United States, and proceed to execute this Constitution.”

TUESDAY, August 7, 1787

.

It was moved and seconded to refer the report of the committee of detail to a committee of the whole; which passed in the affirmative.


Yeas: Pennsylvania, Delaware, Maryland, Virginia, South Carolina, 5. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, 4.


Delaware being unrepresented during the debate, a question was again taken on referring to a committee of the whole, and passed in the negative.


Yeas: Delaware, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, North Carolina, South Carolina, 6.


On the question to agree to the preamble to the Constitution, as reported from the committee to whom were referred the proceedings of the Convention, it passed unanimously in the affirmative.

On the question to agree to the 1st article, as reported, it passed in the affirmative.

On the question to agree to the 2d article, as reported, it passed in the affirmative.

It was moved and seconded to alter the 2d clause of the 3d article, so as to read, “each of which shall, in all cases, have a negative on the legislative acts of the other;” which passed in the negative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, North Carolina, 5. Nays: Delaware, Maryland, Virginia, South Carolina, Georgia, 5.


On the question to strike the following clause out of the 3d article, namely, “each of which shall, in all cases, have a negative on the other,” it passed in the affirmative.


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


It was moved by Mr. Randolph, and seconded, to add the following words to the last clause of the 3d article, “unless a different day shall be appointed by law;” which passed in the affirmative.


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


It was moved and seconded to strike out the word “December,” and insert the word “May,” in the 3d article; which passed in the negative.


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


It was moved and seconded to insert, after the word “senate,” in the 3d article, the following, namely, “subject to the negative hereafter mentioned;” which passed in the negative.


Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.


It was moved and seconded to amend the last clause of the 3d article, so as to read as follows, namely: —


“The legislature shall meet at least once in every year, and such meeting shall be on the first Monday in December, unless a different day shall be appointed by law;”


which passed in the affirmative.

It was moved and seconded to strike out the last clause in the 1st section of the 4th article; which passed in the negative.


Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, 7. Divided: Maryland, 1.


It was moved and seconded to adjourn; which passed in the negative.


Yeas: Pennsylvania, Delaware, Maryland, Virginia, 4. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, 5.


It was moved and seconded to adjourn till to-morrow morning, at 10 o’clock; which passed in the negative.


Yeas: New Hampshire, Massachusetts, Connecticut, 3. Nays: Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 5. Divided: South Carolina, 1.


The motion to adjourn renewed. Passed in the affirmative.


Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 7. Nays: New Hampshire, Massachusetts, 2.


The house then adjourned till to-morrow morning, at 11 o’clock.

WEDNESDAY, August 8, 1787

.

On the question to agree to the 1st section of the 4th article, as reported, it passed unanimously in the affirmative.

It was moved and seconded to strike out the word “three,” and to insert the word “seven,” in the 2d section of the 4th article; which passed in the affirmative.


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


It was moved and seconded to amend the 2d section of the 4th article by inserting the word “of,” instead of “in,” after the word “citizen,” and the words “an inhabitant,” instead of the words “a resident;” which passed in the

affirmative.


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


It was moved and seconded to postpone Mr. ’s motion, in order to take up Mr. Dickinson’s; which passed in the negative.


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


It was moved and seconded to insert the word “three:” which passed in the negative.


Yeas: South Carolina, Georgia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9.


It was moved and seconded to add one year’s residence before the election; which passed in the negative.


Yeas: New Jersey, North Carolina, South Carolina, Georgia, 4. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, 6. Divided: Maryland, 1.


On the question to agree to the 2d clause of the 2d section, it passed unanimously in the affirmative.

On the question to agree to the 2d section of the 4th article, as amended, it passed in the affirmative.

It was moved and seconded to strike out the word “five,” and to insert the word “six,” before the words “in South Carolina,” in the 3d section of the 4th article; which passed in the negative.


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


On the question to agree to the 3d section of the 4th article, as reported, it passed in the affirmative.

It was moved and seconded to alter the latter clause of the 4th article, so as to read as follows, namely,


“according to the rule hereinafter made for direct taxation, not exceeding the rate of one for every forty thousand,


which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Jersey, Delaware, 2.


It was moved and seconded to add the following clause to the 4th section of the 4th article, namely, “provided, that every state shall have at least one representative;” which passed in the affirmative.

It was moved and seconded to insert the word “free,” before the word “inhabitants,” in the 4th section of the 4th article; which passed in the negative.


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


On the question to agree to the 4th section of the 4th article, as amended, it passed in the affirmative.

It was moved and seconded to strike out the 5th section of the 4th article; which passed in the affirmative.


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


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

THURSDAY, August 9, 1787

.

On the question to agree to the 6th section of the 4th article, as reported, it passed in the affirmative.

On the question to agree to the 7th section of the 4th article, as reported, it passed in the affirmative.

It was moved and seconded to insert the following words in the 3d clause of the 5th article, after the word “executive,” “of the state in the representation of which the vacancies shall happen;” which passed in the affirmative.

It was moved and seconded to strike out the 3d clause of the 1st section of the 5th article; which passed in the negative.


Yea: Pennsylvania, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Maryland, 1.


It was moved and seconded to add the following words to the 3d clause of the 1st section of the 5th article, namely, “unless other provision shall be made by the legislature;” which passed in the negative.


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


It was moved and seconded to alter the 3d clause in the 1st section of the 5th article so as to read as follows, namely:


“Vacancies happening by refusals to accept, resignations, or otherwise, may be supplied by the legislature of the state in the representation of which such vacancies shall happen, or by the executive thereof, until the next meeting of

the legislature;”


which passed in the affirmative.

On the motion to agree to the three first clauses of the 1st section of the 5th article, it passed in the affirmative.


Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Dela ware, Maryland, Virginia, Georgia, 8. Nays: Massachusetts, North Carolina, 2. Divided: South Carolina, 1.


It was moved and seconded to postpone the consideration of the last clause in the 1st section of the 5th article; which passed in the negative.


Yeas: Virginia, North Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 8. Divided: New Hampshire, 1.


On the question to agree to the last clause in the 1st section of the 5th article, it passed in the affirmative.

It was moved and seconded to insert the following words after the word “after,” in the 2d section of the 5th article, namely, “they shall be assembled in consequence of;” which passed in the affirmative.

On the question to agree to the 2d section of the 5th article, as amended, it passed in the affirmative.

It was moved and seconded to strike out the word “four,” and to insert the word “fourteen,” in the 3d section of the 5th article; which passed in the negative.


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


It was moved and seconded to strike out the word “four,” and to insert the word “thirteen,” in the 3d section of the 5th article; which passed in the negative.


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


It was moved and seconded to strike out the word “four,” and to insert the word “ten,” in the 3d section of the 5th article; which passed in the negative.


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


It was moved and seconded to strike out the word “four,” and to insert the word “nine,” in the 3d section of the 5th article; which passed in the affirmative.


Yeas: New Hampshire, New Jersey, Delaware, Virginia, South Carolina, Georgia, 6. Nays: Massachusetts, Connecticut, Pennsylvania. Maryland, 4. Divided: North Carolina, 1.


It was moved and seconded to amend the 3d section of the 5th article, by inserting the word “of,” after the word “citizen;” and the words “an inhabitant,” instead of the words “a resident;” which passed in the affirmative.

On the question to agree to the 3d section of the 5th article as amended, it passed in the affirmative.

On the question to agree to the 4th section of the 5th article, as reported, it passed in the affirmative.

It was moved and seconded to strike out the words “each house,” and to insert the words “the House of Representatives,” in the 1st section of the 6th article; which passed in the negative.


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


It was moved and seconded to insert the word “respectively,” after the word “state,” in the 1st section of the 6th article; which passed in the affirmative.

It was moved and seconded to alter the 2d clause in the 1st section of the 6th article, so as to read as follows, namely: —


“But regulations in each of the foregoing cases may at any time be made or altered by the legislature of the United States;”


which passed in the affirmative.

On the question to agree to the 1st section of the 6th article, as amended, it passed in the affirmative.

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

FRIDAY, August 10, 1787

.

It was moved and seconded to strike out the 2d section of the 6th article, in order to introduce the following, namely: —


“That the qualifications of the members of the legislature be as follows: —

“The members of the House of Representatives shall possess a clear and unencumbered property of ; the members of the Senate ;”


which passed in the negative.

It was moved and seconded to strike the following words out of the 2d section of the 6th article, namely, “with regard to property;” which passed in the negative.


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


On the question to agree to the 2d section of the 6th article, as reported, it passed in the negative.


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


It was moved and seconded to reconsider the 2d section of the 4th article; which passed in the affirmative.


Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 6. Nays: New Hampshire, Massachusetts, New Jersey, South Carolina, Georgia, 5.


And Monday next was assigned for the reconsideration.


Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Del aware, Maryland, Virginia, North Carolina, South Carolina, 9. Nays Massachusetts, Georgia, 2.


It was moved by Mr. King, and seconded, to amend the 3d section of the 6th article, to read as follows, namely: —


“Not less than thirty-three members of the House of Representatives, nor less than fourteen members of the Senate, shall constitute a quorum to do business. A smaller number in either house may adjourn from day to day; but the number

necessary to form such quorum may be increased by an act of the legislature on the addition of members in either branch;”


which passed in the negative.


Yeas: Massachusetts, Delaware, 2. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.


It was moved by Mr. Randolph, and seconded, to add the following amendment to the 3d section of the 6th article, —


“and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide;”


which passed in the affirmative.


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


On the question to agree to the 3d section of the 6th article, as amended, it passed in the affirmative.

On the question to agree to the 4th section of the 6th article, as reported, it passed in the affirmative.

On the question to agree to the 5th section of the 6th article, as reported, it passed in the affirmative.

It was moved and seconded to amend the last clause in the 6th section of the 6th article, by adding the following words: “with the concurrence of two thirds;” which passed in the affirmative.


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


On the question to agree to the 6th section of the 6th article, as amended, it passed in the affirmative.

It was moved by Mr. Carroll, and seconded, to strike out the words “one fifth part,” and to insert the words “of any one member present,” in the latter clause of the 7th section of the 6th article; which passed in the negative.


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


It was moved and seconded to strike out the words “each house,” and to insert the words “the House of Representatives,” in the 2d clause of the 7th section of the 6th article; and to add the following words to the 7th section, namely,

“and any member of the Senate shall be at liberty to enter his dissent;” which passed in the negative.

It was moved and seconded to strike the following words out of the 7th section of the 6th article, namely, “when it shall be acting in a legislative capacity,” and to add the following words to the section, “except such parts thereof

as, in their judgment, require secrecy;” which passed in the affirmative.


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


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

SATURDAY, August 11, 1787

.

It was moved and seconded to amend the 1st clause of the 7th section of the 6th article, to read as follows, namely: —


“Each house shall keep a journal of its proceedings, and shall, from time to time, publish the same, except such parts of the proceedings of the Senate, when not acting in its legislative capacity, as may be judged by that house to

require secrecy;”


which passed in the negative.


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


It was moved and seconded to insert, in the 1st clause of the 7th section of the 6th article, after the word “thereof,” the following words, “relative to treaties and military operations;” which passed in the negative.


Yeas: Massachusetts, Connecticut, 2. Nays: New Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.


On the question to agree to the 1st clause of the 7th section of the 6th article, as reported, it passed unanimously in the affirmative.

It was moved and seconded to add, at the end of the clause, the words “except such parts thereof as in their judgment require secrecy;” which passed in the affirmative.


Yeas: Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, Maryland, South Carolina, 4. Divided: New Hampshire, 1.


On the question to agree to the last clause of the 7th section of the 6th article, it passed unanimously in the affirmative.

It was moved and seconded to refer the 2d clause of the 7th section of the 6th article to a committee, which passed in the negative.


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


On the question to agree to the 7th section of the 6th article, as amended, it passed in the affirmative.

It was moved and seconded to strike out, in the 8th section of the 6th article, the words, “nor to any other place than that at which the two houses are sitting.”

And on the question, Shall the words stand? it passed in the affirmative.


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


It was moved and seconded to alter the 8th section of the 6th article, to read as follows, namely: —


“The legislature shall, at their first assembling, determine on a place at which their future sessions shall be held. Neither house shall afterwards, during the session of the House of Representatives, without the consent of the other,

adjourn for more than three days; nor shall they adjourn to any other place than such as shall have been fixed by law.”


Passed in the negative.

It was moved and seconded to prefix the following words to the 8th section of the 6th article, namely, “during the session of the legislature,” and to strike out the last clause of the section; which passed in the affirmative.

On the question to agree to the 8th section of the 6th article, as amended, it passed in the affirmative.

It was moved and seconded to reconsider the 5th section of the 4th article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, Georgia, 8. Nays: New Jersey, Maryland, 2. Divided: South Carolina, 1.


And Monday next was assigned for the reconsideration.

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

MONDAY, August 13, 1787

.

It was moved and seconded to strike out the word “seven,” and to insert the word “four,” in the 2d section of the 4th article.

It was moved and seconded to strike out the word “seven,” and to insert the word “nine,” in the 2d section of the 4th article.

It was moved by Mr. Hamilton, and seconded, to strike out the words “shall have been a citizen of the United States for at least seven years before his election,” and to insert, between the words “an” and “inhabitant,” the words

“citizen and,” in the 2d section of the 4th article; which passed in the negative.


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


On the question to agree to the amendment of “nine,” it passed in the negative.


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


On the question to agree to the amendment of “four,” it passed in the negative.


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


It was moved by Mr. G. Morris, and seconded, to add the following clause to the 2d section of the 4th article, namely: —


“ Provided always, that the above limitation of seven years shall not be construed to affect the rights of those who are now citizens of the United States;”


which passed in the negative.


Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, Delaware, North Carolina, South Carolina, 6.


It was moved and seconded to strike out the word “seven,” and to insert the word “five,” in the 2d section of the 4th article; which passed in the negative.


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


On the question to agree to the 2d section of the 4th article, as formerly amended, it passed in the affirmative.

On the question, Shall the word “nine,” in the 3d section of the 5th article, stand part of the said section? — it passed in the affirmative.


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


It was moved and seconded to adjourn. Passed in the negative.


Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, 5. Nays: New Jersey, Virginia, North Carolina, Georgia, 5. Divided: New Hampshire, 1.


It was moved by Mr. Randolph, and seconded, to amend the 5th section of the 4th article, to read as follows, namely: —


“All bills for raising money for the purposes of revenue, or for appropriating the same, shall originate in the House of Representatives, and shall not be so altered or amended by the Senate as to increase or diminish the sum to be

raised, or change the mode of raising, or the objects of its appropriation.”


The question was taken on the 1st clause of this amendment, which passed in the negative.


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


On the question to agree to the 5th section of the 4th article, as reported, it passed in the negative.


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


The question was taken on the last clause of the 5th section of the 4th article; which passed in the negative.


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


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

TUESDAY, August 14, 1787

.

It was moved and seconded to postpone the consideration of the 9th section of the 6th article, in order to take up the following: —


“The members of each house shall be incapable of holding any office under the United States, for which they, or any other for their benefit, receive any salary, fees, or emoluments of any kind; and the acceptance of such office shall

vacate their seats respectively;”


which passed in the negative.


Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, 5. Divided: Georgia, 1.


It was moved and seconded to amend the 9th section of the 6th article by adding the following clause after the words “be elected;” “except in the army or navy thereof; but in that case their seats shall be vacated.”

Before the question was taken on the last amendment, it was moved and seconded to postpone the consideration of the 9th section of the 6th article until the powers to be vested in the Senate are ascertained; which passed unanimously in

the affirmative.

It was moved and seconded to strike out the latter clause of the 10th section of the 6th article, and to insert the following, “to be paid out of the treasury of the United States;” which passed in the affirmative.


Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 9. Nays: Massachusetts, South Carolina, 2.


It was moved and seconded to agree to the following amendment to the 10th section of the 6th article, —


“five dollars, or the present value thereof, per diem, during their attendance, and for every thirty miles’ travel, in going to and returning from Congress.”


which passed in the negative.


Yeas: Connecticut, Virginia, 2. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9.


It was moved and seconded to agree to the following amendment to the 10th section of the 6th article, “to be ascertained by law;” which passed in the affirmative.

On the question to agree to the 10th section of the 6th article, as amended, it passed in the affirmative.

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

WEDNESDAY, August 15, 1787

.

On the question to agree to the 11th section of the 6th article, as reported, it passed in the affirmative.

It was moved and seconded to strike out the latter part of the 12th section of the 6th article; which passed in the affirmative.

It was moved and seconded to amend the 12th section of the 6th article, as follows: —


“Each house shall possess the right of originating all bills, except bills for raising money for the purposes of revenue, or for appropriating the same, and for fixing the salaries of the officers of government; which shall originate

in the House of Representatives; but the Senate may propose or concur with amendments, as in other cases.”


It was moved and seconded to postpone the consideration of the last amendment; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New Jersey, Pennsylvania Delaware, Maryland, 5.


It was moved and seconded to agree to the following amendment of the 13th section of the 6th article: —


“Every bill which shall have passed the two houses shall, before it become a law, be severally presented to the President of the United States, and to the judges of the Supreme Court, for the revision of each. If, upon such revision,

they shall approve of it, they shall respectively signify their approbation by signing it; but if, upon such revision, it shall appear improper to either, or both, to be passed into a law, it shall be returned, with the objections

against it, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider the bill: but if, after such reconsideration, two thirds of that house, when either the

President or a majority of the judges shall object, or three fourths where both shall object, shall agree to pass it, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered; and,

if approved by two thirds, or three fourths, of the other house, as the case may be, it shall become a law.”


Passed in the negative.


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


It was moved and seconded to postpone the consideration of the 13th section of the 6th article; which passed in the negative.


Yeas: Delaware, Maryland, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9.


It was moved and seconded to strike out the words “two thirds,” and to insert the words “three fourths,” in the 13th section of the 6th article; which passed in the affirmative.


Yeas: Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, 6. Nays: New Hampshire, Massachusetts, New Jersey, Georgia, 4. Divided: Pennsylvania, 1.


It was moved and seconded to amend the 1st clause of the 13th section of the 6th article, as follows: —


“No bill or resolve of the Senate and House of Representatives shall become a law, or have force, until it shall have been presented to the President of the United States for his revision;”


which passed in the negative.


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


It was moved and seconded to add, at the close of the 13th section of the 6th article, the following clause: —


“No money shall be drawn from the treasury of the United States but in consequence of appropriations by law.”


The motion was withdrawn.

It was moved and seconded to adjourn; which passed in the negative.


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


It was moved and seconded to strike out the word “seven,” and to insert the words “ten, (Sundays excepted,)” in the 13th section of the 6th article; which passed in the affirmative.


Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Massachusetts, 2.


On the question to agree to the 13th section of the 6th article, as amended, it passed in the affirmative.

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

THURSDAY, August 16, 1787

.

It was moved and seconded to agree to the following, as the 14th section of the 6th article: —


“Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment, and in the cases hereinafter mentioned,) shall be presented to the President

for his revision, and, before the same shall have force, shall be approved by him, or, being disapproved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the

case of a bill;”


which passed in the affirmative.

It was moved and seconded to insert the following proviso after the 1st clause of the 1st section of the 7th article;


“ provided, that no tax, duty, or imposition, shall be laid by the legislature of the United States on articles exported from any state.”


It was moved and seconded to postpone the consideration of the proviso; which passed in the affirmative.


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


It was moved and seconded to add the words “and postroads,” after the word “post-offices,” in the 7th clause of the 1st section of the 7th article; which passed in the affirmative.


Yeas: Massachusetts, Delaware, Maryland, Virginia, South Carolina, Georgia, 6. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, North Carolina, 5.


It was moved and seconded to strike the words “and emit bills” out of the 8th clause of the 1st section of the 7th article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Jersey, Maryland, 2.


It was moved and seconded to adjourn; which passed in the negative.


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


Separate questions being taken on the 1st, 2d, 3d, 4th, 5th, 6th, 7th, and 8th clauses of the 1st section of the 7th article, as amended, they passed in the affirmative.

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

FRIDAY, August 17, 1787

.

It was moved and seconded to insert the word “joint,” before the word “ballot,” in the 9th clause of the 1st section, 7th article; which passed in the affirmative.


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


It was moved and seconded to strike out the 9th clause of the 1st section of the 7th article; which passed in the negative.


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


It was moved and seconded to strike out the words “and punishment,” in the 11th [12th] clause of the 1st section of the 7th article; which passed in the affirmative.


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


It was moved and seconded to alter the 1st part of the 12th clause, 1st section, 7th article, to read as follows: —


“To punish piracies and felonies committed on the high seas;”


which passed in the affirmative.


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


It was moved and seconded to insert the words “define and” between the word “to” and the word “punish,” in the 12th clause; which passed in the affirmative.

It was moved and seconded to amend the 2d part of the 12th clause, as follows: —


“To punish the counterfeiting of the securities and current coin of the United States and offences against the law of nations;”


which passed in the affirmative.

On the question to agree to the 13th clause of the 1st section, 7th article, amended as follows, —


“To subdue a rebellion in any state against the government thereof, on the application of its legislature, or without, when the legislature cannot meet,”


it passed in the negative.


Yeas: New Hampshire, Connecticut, Virginia, Georgia, 4. Nays: Massachusetts, Delaware, Maryland, North Carolina, South Carolina, 5.


It was moved and seconded to strike out the word “make,” and to insert the word “declare,” in the 14th clause; which passed in the negative.


Yeas: Pennsylvania, Delaware, Virginia, North Carolina, 4. Nays: New Hampshire, Connecticut, Maryland, South Carolina, Georgia, 5.


It was moved and seconded to strike out the 14th clause; which passed in the negative.

The question being taken to strike out the word “make,” and to insert the word “declare,” in the 14th clause, it passed in the affirmative.


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


It was moved and seconded to add the words “and to make peace” to the 14th clause; which passed unanimously in the negative.

Separate questions having been taken on the 9th, 10th, 11th, 12th, and 14th clauses of the 1st section, 7th article, as amended, they passed in the affirmative.

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

SATURDAY, August 18, 1787

.

The following additional powers, proposed to be vested in the legislature of the United States, having been submitted to the consideration of the Convention, it was moved and seconded to refer them to the committee to whom the

proceedings of the Convention were referred; which passed in the affirmative.

The propositions are as follow: —


“To dispose of the unappropriated lands of the United States.

“To institute temporary governments for new states arising therein.

“To regulate affairs with the Indians, as well within as without the limits of the United States.

“To exercise exclusively legislative authority at the seat of the general government, and over a district around the same, not exceeding square miles, the consent of the legislature of the state or states comprising such district being

first obtained.

“To grant charters of incorporation in cases where the public good may require them, and the authority of a single state may be incompetent.

“To secure to literary authors their copyrights for a limited time.

“To establish a university.

“To encourage, by proper premiums and provisions, the advancement of useful knowledge and discoveries.

“To authorize the executive to procure and hold, for the use of the United States, landed property for the erection of forts, magazines, and other necessary buildings.

“To fix and permanently establish the seat of government of the United States, in which they shall possess the exclusive right of soil and jurisdiction.

“To establish seminaries for the promotion of literature, and the arts and sciences.

“To grant charters of incorporation.

“To grant patents for useful inventions.

“To secure authors exclusive rights for a certain time.

“To establish public institutions, rewards, and immunities, for the promotion of agriculture, commerce, trades, and manufactures.

“That funds which shall be appropriated for the payment of public creditors shall not, during the time of such appropriation, be diverted or applied to any other purpose; and to prepare a clause, or clauses, for restraining the

legislature of the United States from establishing a perpetual revenue.

“To secure the payment of the public debt.

“To secure all creditors, under the new Constitution, from a violation of the public faith, when pledged by the authority of the legislature.

“To grant letters of marque and reprisal.

“To regulate stages on the post-roads.”


It was moved by Mr. Rutledge, and seconded, that a committee, to consist of a member from each state, be appointed to consider the necessity and expediency of the debts of the several states being assumed by the United States; which

passed in the affirmative.


Yeas: Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: New Hampshire, New Jersey, Delaware, Maryland, 4. Divided: Pennsylvania, 1.


And a committee was appointed, by ballot, of the Hon. Mr. Langdon, Mr. King, Mr. Sherman, Mr. Livingston, Mr. Clymer, Mr. Dickinson, Mr. M’Henry, Mr. Mason, Mr. Williamson, Mr. C. C. Pinckney, and Mr. Baldwin.

It was moved and seconded to agree to the following resolution, namely: —


“ Resolved, That this Convention will meet punctually at 10 o’clock, every morning, (Sundays excepted,) and sit till 4 o’clock in the afternoon, at which time the president shall adjourn the Convention; and that no motion for

adjournment be allowed;”


which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Pennsylvania, Maryland, 2.


It was moved and seconded to insert the words “and support” between the word “raise” and the word “armies,” in the 14th clause, 1st section, 7th article; which passed in the affirmative.

It was moved and seconded to strike out the words “build and equip,” and to insert the words “provide and maintain,” in the 15th clause, 1st section, 7th article; which passed in the affirmative.

It was moved and seconded to insert the following, as a 16th clause, in the 1st section of the 7th article: —


“To make rules for the government and regulation of the land and naval forces;”


which passed in the affirmative.

It was moved and seconded to annex the following proviso to the last clause: —


“ provided, That, in time of peace, the army shall not consist of more than thousand men;”


which passed in the negative.

It was moved and seconded to insert the following as a clause in the 1st section of the 7th article: —


“To make laws for regulating and disciplining the militia of the several states, reserving to the several states the appointment of their militia officers.”


It was moved and seconded to postpone the last clause, in order to take up the following: —


“To establish a uniformity of exercise and arms for the militia, and rules for their government, when called into service under the authority of the United States; and to establish and regulate a militia in any state where its

legislature shall neglect to do it.”


It was moved and seconded to refer the two last motions to a committee; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, New Jersey, 2. Divided: Maryland, 1.


And they were referred to the committee of eleven.

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

MONDAY, August 20, 1787

.

It was moved and seconded to refer the following propositions to the committee of five; which passed in the affirmative.


“Each house shall be the judge of its own privileges, and shall have authority to punish, by imprisonment, every person violating the same; or who, in the place where the legislature may be sitting, and during the time of its session,

shall threaten any of its members for any thing said or done in the house; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend either of the houses, in his way going

or returning; or who shall rescue any person arrested by their order.

“Each branch of the legislature, as well as the supreme executive, shall have authority to require the opinions of the Supreme Judicial Court upon important questions of law, and upon solemn occasions.

“The privileges and benefits of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions,

and for a limited time, not exceeding months.

“The liberty of the press shall be inviolably preserved.

“No troops shall be kept up, in time of peace, but by consent of the legislature.

“The military shall always be subordinate to the civil power, and no grants of money shall be made by the legislature for supporting military and forces for more than one year at a time.

“No soldier shall be quartered in any house, in time of peace, without consent of the owner.

“No person holding the office of President of the United States; a judge of their Supreme Court; secretary for the department of foreign affairs; of finance; of marine; of war; or of , — shall be capable of holding, at the same time,

any other office of trust or emolument under the United States, or an individual state.

“No religious test, or qualification, shall ever be annexed to any oath of office under the authority of the United States.

“The United States shall be forever considered as one body corporate and politic in law, and entitled to all the rights, privileges, and immunities, which to bodies corporate do, or ought to, appertain.

“The legislature of the United States shall have the power of making the great seal, which shall be kept by the President of the United States, or, in his absence, by the president of the Senate, to be used by them as the occasion may

require. It shall be called the ‘great seal of the United States,’ and shall be affixed to all laws.

“All commissions and writs shall run in the name of the United States.

“The jurisdiction of the Supreme Court shall be extended to all controversies between the United States and an individual state, or the United States and the citizens of an individual state.

“To assist the President in conducting the public affairs, there shall be a council of state composed of the following officers: —

“1. The chief justice of the Supreme Court, who shall, from time to time, recommend such alterations of, and additions to, the laws of the United States, as may, in his opinion, be necessary to the due administration of justice, and

such as may promote useful learning, and inculcate sound morality throughout the Union. He shall be the president of the council, in the absence of the President.

“2. The secretary of domestic affairs, who shall be appointed by the President, and hold his office during pleasure. It shall be his duty to attend to matters of general police, the state of agriculture and manufactures, the opening of

roads and navigations, and the facilitating communications through the United States; and he shall, from time to time, recommend such measures and establishments as may tend to promote those objects.

“3. The secretary of commerce and finance, who shall also be appointed by the President during pleasure. It shall be his duty to superintend all matters relating to the public finances; to prepare and report plans of revenue, and for

the regulation of expenditures; and also to recommend such things as may, in his judgment, promote the commercial interests of the United States.

“4. The secretary of foreign affairs, who shall also be appointed by the President during pleasure. It shall be his duty to correspond with all foreign ministers, prepare plans of treaties, and consider such as may be transmitted from

abroad, and generally to attend to the interests of the United States, in their connections with foreign powers.

“5. The secretary of war, who shall be appointed by the President during pleasure. It shall be his duty to superintend every thing relating to the war department, such as the raising and equipping of troops, the care of military

stores, public fortifications, arsenals, and the like; also, in time of war, to prepare and recommend plans of offence and defence.

“6. The secretary of the marine, who shall also be appointed by the President during pleasure. It shall be his duty to superintend every thing relating to the marine department, the public shops, dock-yards, naval stores, and arsenals;

also, in time of war, to prepare and recommend plans of offence and defence.

“7. The President shall also appoint a secretary of state, to hold his office during pleasure; who shall be secretary of the council of state, and also public secretary to the President. It shall be his duty to prepare all public

despatches from the President, which he shall countersign.

“The President may, from time to time, submit any matter to the discussion of the council of state; and he may require the written opinions of any one or more of the members; but he shall, in all cases, exercise his own judgment, and

either conform to such opinions, or not, as he may think proper. And every officer above mentioned shall be responsible for his opinion on the affairs relating to his particular department.

“Each of the officers above mentioned shall be liable to impeachment, and removal from office, for neglect of duty, malversation, or corruption.

“That the committee be directed to report qualifications for the President of the United States; and a mode for trying the supreme judges in cases of impeachment.”


It was moved and seconded to postpone the consideration of the 17th clause, 1st section, 7th article; which passed in the affirmative.

It was moved and seconded to insert the following clause in the 1st section, 7th article: “to make sumptuary laws;” which passed in the negative.


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


It was moved and seconded to insert the following clause in the 1st section of the 7th article: “to establish all offices;” which passed in the negative.


Yeas: Massachusetts, Maryland, 2. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9.


On the question to agree to the last clause of the 1st section, 7th article, as reported, it passed in the affirmative.

It was moved and seconded to insert the words “some overt act of,” after the word “in,” in the 2d section, 7th article; and to strike out the word “and” before the words “in adhering,” and to insert the word “or;” which passed in the

affirmative.

It was moved and seconded to strike out the words “or any of them,” 2d section, 7th article; which passed in the affirmative.

It was moved and seconded to refer the 2d section of the 7th article to a committee; which passed in the negative.


Yeas: New Jersey, Pennsylvania, Maryland, Virginia, Georgia, 5. Nays: New Hampshire, Massachusetts, Connecticut, Delaware, South Carolina, 5. Divided: North Carolina, 1.


It was moved and seconded to postpone the consideration of the 2d section, 7th article, in order to take up the following: —


“Whereas it is essential to the preservation of liberty to define, precisely and exclusively, what shall constitute the crime of treason, — it is therefore ordained, declared, and established, that if a man do levy war against the

United States, within their territories, or be adherent to the enemies of the United States within the said territories, giving to them aid and comfort within their territories, or elsewhere, and thereof be probably attainted of open

deed by the people of his condition, he shall be adjudged guilty of treason.”


On the question to postpone, it passed in the negative.


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


It was moved and seconded to strike out the words “against the United States,” 1st line, 2d section, 7th article; which passed in the affirmative.


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


It was moved and seconded to insert the words “to the same overt act” after the word “witnesses,” 2d section, 7th article; which passed in the affirmative.


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


It was moved and seconded to strike the words “some overt act” out of the 1st line, 2d section, 7th article; which passed in the affirmative.

It was moved and seconded to insert the words “sole and exclusive” before the word “power,” in the 2d clause, 2d section, 7th article; which passed in the negative.


Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, South Carolina, 5. Nays: Connecticut, New Jersey, Maryland, Virginia, North Carolina, Georgia, 6.


It was moved and seconded to reinstate the words “against the United States,” in the 1st line, 2d section, 7th article; which passed in the affirmative.


Yeas: Connecticut, New Jersey, Maryland, Virginia, North Carolina, Georgia, 6. Nays: New Hampshire, Massachusetts, Pennsylvania, Delaware, South Carolina, 5.


It was moved and seconded to strike out the words “of the United States,” in the 3d line, 2d section, 7th article which passed in the affirmative.

It was moved and seconded to amend the 1st clause of the 2d section, 7th article, to read: —


“Treason against the United States shall consist only in levying war against them, or in adhering to their enemies;”


which passed in the affirmative.

It was moved and seconded to add the words “giving them aid and comfort,” after the word “enemies,” in the 2d section, 7th article; which passed in the affirmative.


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


It was moved and seconded to add, after the words “overt act,” the words “or confession in open court,” 2d section, 7th article; which passed in the affirmative.


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


On the question to agree to the 2d section of the 7th article, as amended, it passed in the affirmative.

It was moved and seconded to strike the words “white and other” out of the 3d section, 7th article; which passed in the affirmative.

It was moved and seconded to strike out the word “six,” and to insert the word “three,” in the 3d section of the 7th article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nays: South Carolina, Georgia, 2.


It was moved and seconded to add the following clause to the 3d section of the 7th article: —


“That, from the first meeting of the legislature of the United States, until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several states, according to the number of

their representation respectively in the first branch.”


Before a question was taken on the last motion, the house adjourned.

TUESDAY, August 21, 1787

.

The Hon. Mr. Livingston, from the committee of eleven, to whom were referred, a proposition respecting the debts of the several states, entered on the Journal of the 18th inst., and a proposition respecting the militia, entered on the

Journal of the 18th inst., informed the house that the committee were prepared to report, and had directed him to submit the same to the consideration of the house.

The report was then delivered at the secretary’s table, and, being read throughout, is as follows: —


“The legislature of the United States shall have power to fulfil the engagements which have been entered into by Congress, and to discharge, as well the debts of the United States, as the debts incurred by the several states, during

the late war, for the common defence and general welfare;

“To make laws for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states, respectively, the appointment of the officers, and

the authority of training the militia according to the discipline prescribed by the United States.”


It was moved and seconded to postpone the consideration of the above report; which passed in the affirmative.

On the question to agree to the 3d section of the 7th article, as amended, it passed in the affirmative.


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


It was moved and seconded to add the following clause to the 3d section of the 7th article: —


“And all accounts of supplies furnished, services performed, and moneys advanced by the several states to the United States, or by the United States to the several states, shall be adjusted by the same rule.”


The last motion being withdrawn, it was moved and seconded to add the following clause to the 3d section of the 7th article: —


“By this rule the several quotas of the states shall be determined in settling the expenses of the late war.”


It was moved and seconded to postpone the consideration of the last motion; which passed in the affirmative.

It was moved by Mr. Ellsworth, and seconded, to add the following clause to the 3d section of the 7th article: —


“That, from the first meeting of the legislature of the United States, until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several states, according to the number of

their representatives respectively in the first branch.”


It was moved and seconded to annex the following amendment to the last motion, —


“subject to a final liquidation by the foregoing rule, when a census shall have been taken.”


On the question to agree to the amendment, it passed in the affirmative.

On the question to agree to the proposition and amendment, it passed in the negative.


Yeas: Massachusetts, South Carolina, 2. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 8. Divided: North Carolina, 1.


On the question to take up the amendment offered to the 12th section of the 6th article, entered on the Journal of the 13th instant, and then postponed, it passed in the negative.


Yeas: New Hampshire, Connecticut, Maryland, Virginia, North Carolina, 5. Nays: Massachusetts, New Jersey, Pennsylvania, Delaware, South Carolina, Georgia, 6.


It was moved by Mr. Martin, and seconded, to add the following clause to the 3d section, 7th article: —


“And whenever the legislature of the United States shall find it necessary that revenue should be raised by direct taxation, having apportioned the same according to the above rule on the several states, requisitions shall be made of

the respective states to pay into the Continental treasury their respective quotas within a time in the said requisition specified; and in case of any of the states failing to comply with such requisitions, then, and then only, to

devise and pass acts directing the mode and authorizing the collection of the same;”


which passed in the negative.


Yea: New Jersey, 1. Nays: Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7. Divided: Maryland, 1.


It was moved and seconded to insert the following clause after the word “duty,” in the 1st line, 4th section, 7th article, “for the purpose of revenue;” which passed in the negative.


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


It was moved and seconded to amend the 1st clause of the 4th section, 7th article, by inserting the following words: “unless by consent of two thirds of the legislature;” which passed in the negative.


Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, 5. Nays: Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, 6.


On the question to agree to the 1st clause of the 4th section of the 7th article, as reported, it passed in the affirmative.


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


It was moved and seconded to insert the word “free” before the word “persons,” in the 4th section of the 7th article.

Before the question was taken on the last motion, the house adjourned.

WEDNESDAY, August 22, 1787

.

The motion made yesterday to insert the word “free” before the word “persons,” in the 4th section of the 7th article, being withdrawn, it was moved and seconded to commit the two remaining clauses of the 4th section, and the 5th

section of the 7th article; which passed in the affirmative.


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


It was moved and seconded to commit the 6th section of the 7th article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Connecticut, New Jersey, 2.


And a committee (of a member from each state) was appointed by ballot, of the Hon. Mr. Langdon, Mr. King, Mr. Johnston, Mr. Livingston, Mr. Clymer, Mr. Dickinson, Mr. L. Martin, Mr. Madison, Mr. Williamson, Mr. C. C. Pinckney, and Mr.

Baldwin, to whom the clauses of the 4th, 5th, and 6th sections were referred.

The Hon. Mr. Rutledge, from the committee to whom sundry propositions were referred, on the 18th and 20th instant, informed the house that the committee were prepared to report.

He then read the report in his place; and the same, being delivered in at the secretary’s table, was again read throughout, and is as follows: —


“The committee report, that, in their opinion, the following additions should be made to the report now before the Convention, namely: —

“At the end of the 1st clause of the 1st section of the 7th article, add, ‘for payment of the debts and necessary expenses of the United States, provided, that no law for raising any branch of revenue, except what may be specially

appropriated for the payment of interest on debts or loans, shall continue in force for more than years.’

“At the end of the 2d clause, 2d section, 7th article, add, ‘and with Indians, within the limits of any state, not subject to the laws thereof.’

“At the end of the 16th clause of the 2d section, 7th article, add, ‘and to provide, as may become necessary, from time to time, for the well managing and securing the common property and general interest of the United States, in such

manner as shall not interfere with the governments of individual states, in matters which respect only their internal police, or for which their individual authorities may be competent.’

“At the end of the 1st section, 10th article, add, ‘he shall be of the age of thirty-five years, and a citizen of the United States, and shall have been an inhabitant thereof for twenty-one years.’

“After the 2d section of the 10th article, insert the following as a 3d section: —

“ ‘The President of the United States shall have a privy council, which shall consist of the president of the Senate, the speaker of the House of Representatives, the chief justice of the Supreme Court, and the principal officer in the

respective departments of foreign affairs, domestic affairs, war, marine, and finance, (as such departments of office shall from time to time be established,) whose duty it shall be to advise him in matters respecting the execution of

his office, which he shall think proper to lay before them; but their advice shall not conclude him, nor affect his responsibility for the measures which he shall adopt.’

“At the end of the 2d section of the 11th article, add, ‘the judges of the Supreme Court shall be triable by the Senate, on impeachment by the House of Representatives.’

“Between the 4th and 5th lines of the 3d section of the 11th article, after the word ‘controversies,’ insert ‘between the United States and an individual state, or the United States and an individual person.’ ”


It was moved and seconded to rescind the orders of the house respecting the hours of meeting and adjournment; which passed in the negative.


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


It was moved and seconded to insert the following clause after the 2d section of the 7th article: —


“The legislature shall pass no bill of attainder, nor any ex post facto laws;”


which passed in the affirmative.


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


It was moved and seconded to take up the report of the committee of five.

It was moved and seconded to postpone the consideration of the report, in order that the members may furnish themselves with copies of the report; which passed in the affirmative.


Yeas: Massachusetts, New Jersey, Maryland, Virginia, North Carolina, Georgia, 6. Nays: New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, 5.


It was moved and seconded to take up the report of the committee of eleven, entered on the Journal of the 21st instant; which passed in the affirmative.

It was moved by Mr. Morris, and seconded, to amend the 1st clause of the report, to read as follows: —


“The egislature shall fulfil the engagements and discharge the debts of the United States.”


It was moved and seconded to alter the amendment by striking out the words “discharge the debts,” and inserting the words “liquidate the claims;” which passed in the negative.

On the question to agree to the clause as amended, namely, —


“The legislature shall fulfil the engagements and discharge the debts of the United States,”—


passed unanimously in the affirmative.

It was moved and seconded to strike the following words out of the 2d clause of the report: —


“and the authority of training the militia, according to the discipline prescribed by the United States.”


Before the question was taken on the last motion, the house adjourned.

THURSDAY, August 23, 1787

.

It was moved and seconded to postpone the consideration of the 2d clause of the report of the committee of eleven, in order to take up the following: —


“To establish a uniform and general system of discipline for the militia of these states, and to make laws for organizing, arming, disciplining, and governing, such part of them as may be employed in the service of the United States, —

reserving to the states, respectively, the appointment of the officers, and all authority over the militia not herein given to the general government.”


On the question to postpone, it passed in the negative.


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


It was moved by Mr. Ellsworth, and seconded, to postpone the consideration of the 2d clause of the report of the committee of eleven, in order to take up the following: —


“To establish a uniformity of arms, exercise, and organization for the militia, and to provide for the government of them when called into the service of the United States.”


On the question to postpone, it passed in the negative.


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


It was moved and seconded to recommit the 2d clause of the report of the committee of eleven; which passed in the negative.

On the question to agree to the 1st part of the 2d clause of the report, namely, —


“To make laws for organizing, arming, and disciplining the militia and for governing such part of them as may be employed in the service of the United States,”—


it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Connecticut, Maryland, 2.


It was moved and seconded to amend the next part of the 2d clause of the report, to read, —


“reserving to the states, respectively, the appointment of the officers under the rank of general officers.”


It passed in the negative.


Yeas: New Hampshire, South Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 9.


On the question to agree to the following part of the 2d clause of the report, namely, —


“reserving to the states, respectively, the appointment of the officers,” —


it passed in the affirmative.

On the question to agree to the following part of the 2d clause of the report, namely, —


“and the authority of training the militia according to the discipline prescribed by the United States,” —


it passed in the affirmative.


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


It was moved and seconded to agree to the 7th section of the 7th article, as reported; which passed unanimously in the affirmative.

It was moved and seconded to insert the following clause after the 7th section of the 7th article: —


“No person, holding any office of profit or trust under the United States, shall, without the consent of the legislature, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign

state.”


Passed in the affirmative.

It was moved and seconded to amend the 8th article, to read as follows: —


“This Constitution, and the laws of the United States made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and

the judges in the several states shall be bound thereby in their decisions, any thing in the constitutions or laws of the several states to the contrary notwithstanding;”


which passed in the affirmative.

On the question to agree to the 8th article as amended, it passed in the affirmative.

It was moved and seconded to strike the following words out of the 18th clause of the 1st section, 7th article: “enforce treaties;” which passed in the affirmative.

It was moved and seconded to alter the 1st part of the 18th clause of the 1st section, 7th article, to read: —


“To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;”


which passed in the affirmative.

On the question to agree to the 18th clause of the 1st section, 7th article, as amended, it passed in the affirmative.

It was moved and seconded to agree to the following proposition, as an additional power to be vested in the legislature of the United States: —


“To negative all laws, passed by the several states, interfering, in the opinion of the legislature, with the general interests and harmony of the Union; provided, that two thirds of the members of each house assent to the same.”


It was moved and seconded to commit the proposition; which passed in the negative.


Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 6.


The proposition was then withdrawn.

It was moved and seconded to amend the 1st section of the 7th article, to read:—


“The legislature shall fulfil the engagements, and discharge the debts, of the United States, and shall have the power to lay and collect taxes, duties, imposts, and excises;”


which passed in the affirmative.

It was moved by Mr. Morris, and seconded, to amend the 1st clause of the 1st section, 9th article, to read:—


“The Senate shall have power to treat with foreign nations; but no treaty shall be binding on the United States which is not ratified by a law.”


It was moved and seconded to postpone the consideration of the amendment; which passed in the negative.


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


On the question to agree to the amendment, it passed in the negative.


Yea: Pennsylvania, 1. Nays: Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, South Carolina, Georgia, 8. Divided: North Carolina, 1.


It was moved and seconded to postpone the consideration of the 1st clause of the 1st section, 9th article; which passed in the affirmative.

It was moved and seconded to insert the words “and other public ministers” after the word “ambassadors,” in the 1st section, 9th article; which passed in the affirmative.

Separate questions being taken on postponing the several clauses of the 1st section, 9th article; passed in the affirmative.

It was moved and seconded to take up the 1st section of the 9th article, in order to its being committed; which passed in the affirmative.

And it was referred to the committee of five.

And then the house adjourned.

FRIDAY, August 24, 1787

.

The Hon. Mr. Livingston, from the committee of eleven, to whom were referred the two remaining clauses of the 4th section, and the 5th and 6th sections of the 7th article, informed the house that the committee were prepared to report.

The report was then delivered in at the secretary’s table, was once read, and is as follows: —


“Strike out so much of the 4th section of the 7th article as was referred to the committee, and insert, ‘The migration or importation of such persons as the several states now existing shall think proper to admit shall not be

prohibited by the legislature prior to the year 1800; but a tax or duty may be imposed on such migration or importation, at a rate not exceeding the average of the duties laid on imposts.’ ”


The 5th section to remain as in the report. The 6th section to be stricken out.

It was moved and seconded to reconsider the 1st clause, 1st section, 7th article; which passed in the affirmative.


Yeas: Massachusetts, Connecticut, New Jersey, Delaware, Virginia, South Carolina, Georgia, 7. Nays: New Hampshire, Maryland, 2.


And to-morrow was assigned for the reconsideration.

It was moved and seconded to postpone the consideration of the 2d and 3d sections, 9th article; which passed in the negative.


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


It was moved and seconded to strike out the 2d and 3d sections of the 9th article; which passed in the affirmative.


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


Separate questions being taken on the 1st, 2d, and 3d clauses of the 1st section, 10th article, as reported, they passed in the affirmative.

It was moved and seconded to strike out the word “legislature,” and to insert the word “people,” in the 1st section, 10th article; which passed in the negative.


Yeas: Pennsylvania, Delaware, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.


It was moved and seconded to insert the word “joint” before the word “ballot,” in the 1st section of the 10th article; which passed in the affirmative.


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


It was moved and seconded to add, after the word “legislature,” in the 1st section, 10th article, the words “each state having one vote;” which passed in the negative.


Yeas: Connecticut, New Jersey, Delaware, Maryland, Georgia, 5. Nays: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, 6.


It was moved and seconded to insert, after the word “legislature,” in the 1st section of the 10th article, the words “to which election a majority of the votes of the members present shall be required;” which passed in the affirmative.


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


On the question to agree to the following clause, —


“and in case the numbers for the two highest in votes should be equal, then the president of the Senate shall have an additional casting voice,” —


it passed in the negative.

It was moved and seconded to agree to the following amendment to the 1st section of the 10th article: “shall be chosen by electors to be chosen by the people of the several states;” which passed in the negative.


Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, 5. Nays: New Hampshire, Massachusetts, Maryland, North Carolina, South Carolina, Georgia, 6.


It was moved and seconded to postpone the consideration of the two last clauses of the 1st section, 10th article, which passed in the negative.

It was moved and seconded to refer the two last clauses of the 1st section of the 10th article to a committee of a member from each state; which passed in the negative.


Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, North Carolina, South Carolina, Georgia, 5. Divided: Connecticut, 1.


On the question to agree to the following clause, “shall be chosen by electors,” it passed in the negative.


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


The consideration of the remaining clauses of the 1st section, 10th article, was postponed till to-morrow, on the request of the deputies of the state of New Jersey.

On the question to transpose the word “information,” and to insert it after the word “legislature,” in the 1st clause of the 2d section, 10th article, it passed in the affirmative.

It was moved and seconded to strike out the words “he may,” and to insert the word “and” before the word “recommend,” in the 2d clause of the 2d section, 10th article; which passed in the affirmative.

It was moved and seconded to insert the word “and” after the word “occasions,” in the 2d section, 10th article; which passed in the affirmative.

It was moved and seconded to insert the word “shall” before the words “think proper,” 2d section, 10th article; which passed in the affirmative.

It was moved and seconded to strike out the word “officers,” and to insert the words “to offices,” after the word “appoint,” in the 2d section of the 10th article; which passed in the affirmative.

It was moved and seconded to insert the words “or by law,” after the word “Constitution,” in the 2d section of the 10th article; which passed in the negative.


Yea: Connecticut, 1. Nays: New Hampshire. Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 9.


It was moved by Mr. Dickinson, and seconded, to strike out the words, —


“and shall appoint to offices in all cases not otherwise provided for in this Constitution,” —


and to insert the following:


“and shall appoint to all offices established by this Constitution, except in cases herein otherwise provided for, and to all offices which may hereafter be created according to law;


which passed in the affirmative.


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


It was moved and seconded to add the following clause to the last amendment: —


“except where, by law, the appointment shall be vested in the executives of the several states;


which passed in the negative.

It was moved and seconded to agree to the following order: —


“That the order respecting the adjournment at 4 be repealed, and that in future the house assemble at 10, and adjourn at 3;”


which passed unanimously in the affirmative. The house then adjourned.

SATURDAY, August 25, 1787

.

It was moved by Mr. Randolph, and seconded, to postpone the 1st clause of the 1st section, 7th article, in order to take up the following amendment: —


“All debts contracted, and engagements entered into, by or under the authority of Congress, shall be as valid against the United States under this Constitution as under the Confederation;”


which passed in the affirmative.

On the question to agree to the amendment, it passed in the affirmative.


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


It was moved and seconded to add the following clause to the 1st clause of the 1st section, 7th article: —


“for the payment of said debts, and for the defraying the expenses that shall be incurred for the common defence and general welfare;”


which passed in the negative.


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


It was moved and seconded to amend the report of the committee of eleven, entered on the Journal of the 24th instant, as follows: to strike out the words “the year eighteen hundred,” and to insert the words “the year eighteen hundred

and eight;” which passed in the affirmative.


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


It was moved and seconded to amend the 1st clause of the report, to read, —


“The importation of slaves into such of the states as shall permit the same shall not be prohibited by the legislature of the United States until the year 1808;”


which passed in the negative.


Yeas: Connecticut, Virginia, Georgia, 3. Nays: New Hampshire, Massachusetts, Pennsylvania, Delaware, North Carolina, South Carolina, 6. Divided: Maryland, 1.


On the question to agree to the 1st part of the report as amended, namely, —


“The migration or importation of such persons as the several states now existing shall think proper to admit shall not be prohibited by the legislature prior to the year 1808,” —


it passed in the affirmative.


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


It was moved and seconded to strike out the words “average of the duties laid on imports,” and to insert the words “common impost on articles not enumerated;” which passed in the affirmative.

It was moved and seconded to amend the 2d clause of the report, to read, “but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person;” which passed in the affirmative.

On the question to agree to the 2d clause of the report, as amended, it passed in the affirmative.

On the question to postpone the further consideration of the report, it passed in the affirmative.

It was moved and seconded to amend the 8th article, to read, —


“This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the several states,

and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions, any thing in the constitutions or laws of the several states to the contrary notwithstanding;”


which passed in the affirmative.

It was moved and seconded to agree to the following propositions: —


“The legislature of the United States shall not oblige vessels belonging to the citizens thereof, or to foreigners, to enter or pay duties or imposts in any other state than in that to which they may be bound; or to clear out in any

other than the state in which their cargoes may be laden on board; nor shall any privilege or immunity be granted to any vessels, on entering, clearing out, or paying duties or imposts, in one state in preference to another.

“Should it be judged expedient, by the legislature of the United States, that one or more ports for collecting duties or imposts, other than those ports of entrance and clearance already established by the respective states, should be

established, the legislature of the United States shall signify the same to the executive of the respective states, ascertaining the number of such ports judged necessary, to be laid by the said executives before the legislatures of

the states at their next session; and the legislature of the United States shall not have the power of fixing or establishing the particular ports for collecting duties or imposts in any state, except the legislature of such state

shall neglect to fix and establish the same during their first session to be held after such notification by the legislature of the United States to the executive of such state.

“All duties, imposts, and excises, prohibitions or restraints, laid or made by the legislature of the United States, shall be uniform and equal throughout the United States.”


It was moved and seconded to refer the above propositions to a committee of a member from each state; which passed in the affirmative.

And a committee was appointed, by ballot, of the Hon. Mr. Langdon, Mr. Gorham, Mr. Sherman, Mr. Dayton, Mr. Fitzsimons, Mr. Read, Mr. Carroll, Mr. Mason, Mr. Williamson, Mr. Butler, and Mr. Few.

It was moved and seconded to add the words “and other public ministers” after the word “ambassadors,” 2d section, 10th article; which passed unanimously in the affirmative.

It was moved and seconded to strike the words, “and may correspond with the supreme executives of the several states,” out of the 2d section, 10th article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Maryland, 1.


It was moved and seconded to insert the words “except in cases of impeachment” after the word “pardons,” 2d section, 10th article; which passed in the affirmative.

On the question to agree to the following clause, “but his pardon shall not be pleadable in bar,” it passed in the negative.


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


The house adjourned.

MONDAY, August 27, 1787

It was moved and seconded to insert the words “after conviction,” after the words “reprieves and pardons,” 2d section, 10th article. [Motion withdrawn.]

It was moved and seconded to amend the clause giving the command of the militia to the executive, to read, —


“and of the militia of the several states when called into the actual service of the United States;”


which passed in the affirmative.


Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, Georgia, 6. Nays: Delaware, South Carolina, 2.


It was moved and seconded to postpone the consideration of the following clause, 2d section, 10th article: —


“He shall be removed from his office, on impeachment by the House of Representatives, and conviction in the Supreme Court, of treason, bribery, or corruption;”


which passed in the affirmative.

It was moved and seconded to postpone the last clause of the 2d section, 10th article; which passed in the affirmative.

It was moved and seconded to add the following clause to the oath of office to be taken by the supreme executive: —


“and will, to the best of my judgment and power, preserve, protect, and defend, the Constitution of the United States;”


which passed in the affirmative.


Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 7. Nay: Delaware, 1.


It was moved and seconded to insert the words “both in law and equity” after the words “United States,” in 1st line, 1st section, 11th article; which passed in the affirmative.

On the question to agree to the 1st section, 11th article, as amended, it passed in the affirmative.

It was moved and seconded to add the following clause after the word “behavior,” 2d section, 11th article: —


“provided that they may be removed, by the executive, on application by the Senate and House of Representatives;”


which passed in the negative.


Yea: Connecticut, 1. Nays: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 7.


On the question to agree to the second section of the 11th article, as reported, it passed in the affirmative.


Yeas: New Hampshire, Connecticut, Pennsylvania, Virginia, South Carolina, Georgia, 6. Nays: Delaware, Maryland, 2.


It was moved and seconded to insert the words “increased or” before the word “diminished,” in the 2d section, 11th article; which passed in the negative.


Yea: Virginia, 1. Nays: New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, 5. Divided: Maryland, 1.


It was moved and seconded to add the following words to the 2d section, 11th article: “nor increased by any act of the legislature which shall operate before the expiration of three years after the passing thereof;” which passed in the

negative.


Yeas: Maryland, Virginia, 2. Nays: New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, 5.


It was moved and seconded to postpone the following clause, 3d section, 11th article: “to the trial of impeachments of officers of the United States;” which passed in the affirmative.

It was moved and seconded to add the following words after the word “controversies,” 3d section, 11th article: “to which the United States shall be a party;” which passed in the affirmative.

It was moved and seconded to insert the words “this constitution, the” before the word “laws,” 2d line, 3d section, 11th article; which passed in the affirmative.

It was moved and seconded to strike out the words “passed by the legislature,” and to insert, after the words “United States,” the words “and treaties made, or which shall be made, under their authority;” which passed in the

affirmative.

It was moved and seconded to insert the word “controversies” before the words “between two or.” Passed in the affirmative.

It was moved and seconded to postpone the following clause: “in cases of impeachment;” which passed in the affirmative.

It was moved and seconded to insert the words “the United States or” before the words “a state shall be a party;” which passed in the affirmative.

It was moved and seconded to agree to the following amendment: —


“In all the other cases before mentioned, original jurisdiction shall be in the courts of the several states, but with appeal, both as to law and fact, to the courts of the United States, with such exceptions, and under such

regulations, as the legislature shall make.”


The last motion being withdrawn, it was moved and seconded to amend the clause, to read, —


“In cases of impeachment, cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be

appellate, both as to law and fact, with such exceptions, and under such regulations, as the legislature shall make;”


which passed in the affirmative.

It was moved and seconded to add the following clause to the last amendment: —


“But in cases in which the United States shall be a party, the jurisdiction shall be original or appellate, as the legislature may direct.


It was moved and seconded to amend the amendment, by striking out the words “original or;” which passed in the affirmative.


Yeas: New Hampshire, Connecticut, Maryland, Virginia, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, 2.


The question was then taken on the amendment as amended; which passed in the negative.


Yeas: New Hampshire, Pennsylvania, Delaware, 3. Nays: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5.


On the question to reconsider the 3d section, 11th article, it passed in the affirmative.

It was moved and seconded to strike out the words “the jurisdiction shall be original,” and to insert the words “the Supreme Court shall have original jurisdiction;” which passed in the affirmative.

It was moved and seconded to agree to the following amendment: —


“In all the other cases before mentioned, the judicial power shall be exercised in such manner as the legislature shall direct;”


which passed in the negative.


Yeas: Delaware, Virginia, 2. Nays: New Hampshire, Connecticut, Pennsylvania, Maryland, South Carolina, Georgia, 6.


It was moved and seconded to strike out the last clause of the 3d section, 11th article; which passed unanimously in the affirmative.

It was moved and seconded to insert the words “both in law and equity” before the word “arising,” in the 1st line, 3d section, 11th article; which passed in the affirmative.

It was moved and seconded to insert, after the words “between citizens of different states,” the words “between citizens of the same state claiming lands under grants of different states;” which passed in the affirmative.

The house adjourned.

TUESDAY, August 28, 1787

.

The Hon. Mr. Sherman, from the committee to whom were referred several propositions entered on the Journal of the 25th inst., informed the house that the committee were prepared to report. The report was then delivered in at the

secretary’s table, was read, and is as follows: —


“The committee report that the following be inserted after the 4th clause of the 7th section: —

“ ‘Nor shall any regulation of commerce or revenue give preference to the ports of one state over those of another, or oblige vessels bound to or from any state to enter or pay duties in another.

“ ‘And all tonnage, duties, imposts, and excises, laid by the legislature, shall be uniform throughout the United States.’ ”


It was moved and seconded to strike out the words “it shall be appellate,” and insert the words “the Supreme Court shall have appellate jurisdiction,” 3d section, 11th article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 9. Nay: Maryland, 1.


It was moved and seconded to amend the 4th section of the 11th article, to read as follows: —


“The trial of all crimes (except in cases of impeachment) shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any stare, then the trial shall be at

such place or places as the legislature may direct;”


which passed in the affirmative.

It was moved and seconded to add the following amendment to the 4th section, 11th article: —


“The privilege of the writ of habeas corpus shall not be suspended, unless where, in cases of rebellion or invasion, the public safety may require it;”


which passed in the affirmative.

On the question to agree to the 5th section, 11th article, as reported, it passed in the affirmative.


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


It was moved and seconded to insert the words “nor emit bills of credit” after the word “money,” in the 12th article; which passed in the affirmative.


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


It was moved and seconded to insert the following clause after the last amendment: —


“nor make any thing but gold and silver coin a tender in payment of debts;”


which passed unanimously in the affirmative, eleven states being present.


[New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.]


It was moved and seconded to add the following clause to the last amendment: —


“nor pass any bill of attainder or ex post facto laws;”


which passed in the affirmative.


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


It was moved and seconded to insert, after the word “reprisal,” the words “nor lay embargoes;” which passed in the negative.


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


It was moved and seconded to transfer the following words from the 13th to the 12th article: “nor lay imposts, or duties, on imports;” which passed in the negative.


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


Separate questions being taken on the several clauses of the 12th article, as amended, they passed in the affirmative.

It was moved and seconded to insert, after the word “imports,” in the 13th article, the words “or exports;” which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, 6. Nays: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5.


It was moved and seconded to add, after the word “exports,” in the 13th article, the words, —


“nor with such consent but for the use of the treasury of the United States;


which passed in the affirmative.


Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Maryland, 2.


The question being taken on the 1st clause of the 13th article, it passed in the affirmative.


Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Maryland, 2.


Separate questions being taken on the several clauses of the 13th article, as amended, they passed in the affirmative.

On the question to agree to the 14th article, as reported, it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nay: South Carolina, 1. Divided: Georgia, 1.


It was moved and seconded to strike out the words “high misdemeanor,” and insert the words “other crime;” which passed in the affirmative.

On the question to agree to the 15th article, as amended, it passed in the affirmative.

The house adjourned.

WEDNESDAY, August 29, 1787

.

It was moved and seconded to commit the 16th article, together with the following proposition: —


“To establish uniform laws upon the subject of bankruptcies, and respecting the damages arising on the protest of foreign bills of exchange;”


which passed in the affirmative.


Yeas: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: New Hampshire, Massachusetts, 2.


It was moved and seconded to commit the following proposition: —


“Whensoever the act of any state, whether legislative, executive, or judiciary, shall be attested and exemplified under the seal thereof, such attestation and exemplification shall be deemed, in other states, as full proof of the

existence of that act; and its operation shall be binding in every other state, in all cases to which it may relate, and which are within the cognizance and jurisdiction of the state wherein the said act was done;”


which passed in the affirmative.

It was moved and seconded to commit the following proposition: —


“Full faith ought to be given, in each state, to the public acts, records, and judicial proceedings, of every other state; and the legislature shall, by general laws, determine the proof and effect of such acts, records, and

proceedings;”


which passed in the affirmative. And the foregoing propositions, together with the 16th article, were referred to the Hon. Mr. Rutledge, Mr. Randolph, Mr. Gorham, Mr. Wilson and Mr. Johnson.

It was moved and seconded to postpone the report of the committee entered on the Journal on the 24th instant, to take up the following proposition: —


“That no act of the legislature for the purpose of regulating the commerce of the United States with foreign powers, or among the several states, shall be passed without the assent of two thirds of the members of each house;”


which passed in the negative.


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


On the question to agree to the report of the committee of eleven, entered on the Journal of the 24th inst., passed in the affirmative.

It was moved and seconded to agree to the following proposition, to be inserted after the 15th article: —


“If any person, bound to service or labor in any of the United States, shall escape into another state, he or she shall not be discharged from such service or labor in consequence of any regulations subsisting in the state to which

they escape, but shall be delivered up to the person justly claiming their service or labor;”


which passed unanimously in the affirmative.

It was moved and seconded to strike out the two last clauses in the 17th article; which passed in the affirmative.

It was moved and seconded to strike the following words out of the 17th article: —


“but to such admission the consent of two thirds of the members present in each house shall be necessary.”


And on the question being taken, it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 9. Nays: Maryland, Virginia, 2.


It was moved and seconded to agree to the following proposition as a substitute for the 17th article: —


“New states may be admitted by the legislature into the Union; but no new state shall be erected within the limits of any of the present states, without the consent of the legislature of such state, as well as of the general

legislature.”


Separate questions being taken on the different clauses of the proposition, they passed in the affirmative.


Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: New Hampshire, Connecticut, New Jersey, Delaware, Maryland, 5.


The house adjourned.

THURSDAY, August 30, 1787

.

It was moved and seconded to postpone the substitute for the 17th article, agreed to yesterday, in order to take up the amendment: —


“The legislature shall have power to admit other states into the Union, and new states to be formed by the division or junction of states now in the Union, with the consent of the legislature of such states;”


which passed in the negative.


Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, South Carolina, 5. Nays: New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, 6.


It was moved and seconded to commit the substitute for the 17th article, agreed to yesterday.

And on the question being taken, it passed in the negative.


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


It was moved and seconded to strike out the words “the limits,” and to insert the words “the jurisdiction,” in the substitute offered to the 17th article; which passed in the affirmative.


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


It was moved and seconded to insert the words “hereafter formed or,” after the words “shall be,” in the substitute for the 17th article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Delaware, Maryland, 2.


It was moved and seconded to postpone the consideration of the substitute to the 17th article, as amended, in order to take up the following proposition from Maryland: —


“The legislature of the United States shall have power to erect new states within as well as without the territory claimed by the several states, or either of them, and admit the same into the Union; provided, that nothing in this

Constitution shall be construed to affect the claim of the United States to vacant lands ceded to them by the late treaty of peace;’


which passed in the negative.


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


On the question to agree to the substitute offered to the 17th article, as amended, as follows, —


“New states may be admitted by the legislature into the Union; but no new state shall be hereafter formed or erected within the jurisdiction of any of the present states without the consent of the legislature of such state, as well as

of the general legislature,” —


it passed in the affirmative.


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


It was moved and seconded to add the following clause to the last amendment: —


“nor shall any state be formed by the junction of two or more states, or parts thereof, without the consent of the legislature of such states, as well as of the legislature of the United States;”


which passed in the affirmative.

It was moved and seconded to add the following clause to the last amendment: —


“ Provided, nevertheless, that nothing in this Constitution shall be construed to affect the claim of the United States to vacant lands ceded to them by the late treaty of peace.”


The last motion being withdrawn, it was moved and seconded to agree to the following proposition: —


“Nothing in this Constitution shall be construed to alter the claims of the United States, or of the individual states, to the western territory; but all such claims may be examined into and decided upon by the Supreme Court of the

United States.”


It was moved and seconded to postpone the last proposition, in order to take up the following: —


“The legislature shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution contained shall be so construed as

to prejudice any claims either of the United States or of any particular state.”


It was moved and seconded to add the following clause to the last proposition: —


“But all such claims may be examined into and decided upon by the Supreme Court of the United States.”


Passed in the negative.


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


On the question to agree to the following proposition, —


“The legislature shall have power to dispose of and make needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution contained shall be so construed as to

prejudice any claims either of the United States or of any particular state,” —


it passed in the affirmative.


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


On the motion to agree to the 1st clause of the 18th article, it passed in the affirmative.

It was moved and seconded to strike out the word “foreign,” in the 18th article; which passed in the affirmative.

It was moved and seconded to strike out the words “on the application of its legislature against;” which passed in the negative.


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


It was moved and seconded to strike out the words “domestic violence,” and insert the word “insurrections,” in the 18th article; which passed in the negative.


Yeas: New Jersey, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, 6.


It was moved and seconded to insert the words “or executive” after the word “legislature;” which passed in the affirmative.


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


It was moved and seconded to add the following clause to the last amendment: “in the recess of the legislature;” which passed in the negative.


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


Separate questions being taken on the several clauses of the 18th article, as amended, they passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Delaware, Maryland, 2.


On the question to agree to the 19th article, as reported, it passed in the affirmative.

It was moved and seconded to add the words “or affirmation,” after the word “oath,” 20th article; which passed in the affirmative.

On the question to agree to the 20th article, as amended, it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 8. Nay: North Carolina, 1. Divided: Connecticut, Maryland, 2.


It was moved and seconded to add the following clause to the 20th article: —


“but no religious test shall ever be required as a qualification to any office or public trust under the authority of the United States;”


which passed unanimously in the affirmative.

It was moved and seconded to take up the report of the committee of eleven; which passed in the negative.


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


The house adjourned.

FRIDAY, August 31, 1787

.

It was moved and seconded to insert the words “between the said states,” after the word “Constitution,” in the 21st article; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Maryland, 1.


It was moved and seconded to postpone the consideration of the 21st article, to take up the reports of the committee which have not been acted on; which passed in the negative.


Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Georgia, 5. Nays: Massachusetts, New Jersey, Virginia, North Carolina, South Carolina, 5. Divided: Connecticut, 1.


It was moved and seconded to postpone the 21st, in order to take up the 22d article.

And on the question being taken, it passed in the negative.


Yeas: Connecticut, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, 6.


It was moved and seconded to strike the words “conventions of” out of the 21st article; which passed in the negative.


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


It was moved and seconded to fill up the blank in the 21st article with the word “thirteen;” which passed in the negative.


Yea: Maryland, 1. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 9.


It was moved and seconded to fill up the blank in the 21st article with the word “ten;” which passed in the negative.


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


It was moved and seconded to fill up the blank in the 21st article, as follows: —


“any seven or more states entitled to thirty-three members, at least, in the House of Representatives, according to the allotment made in the 3d section, 4th article.”


It was moved and seconded to fill up the blank in the 21st article with the word “nine;” which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Georgia, 8.


On the question to agree to the 21st article, as amended, it passed in the affirmative.


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


It was moved and seconded to strike the words “for their approbation” out of the 22d article; which passed in the affirmative.


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


It was moved and seconded to agree to the following amendment to the 22d article: —


“This Constitution shall be laid before the United States in Congress assembled. And it is the opinion of this Convention that it should afterwards be submitted to a convention chosen in each state, in order to receive the ratification

of such convention; to which end the several legislatures ought to provide for the calling conventions within their respective states as speedily as circumstances will permit;”


which passed in the negative.


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


It was moved and seconded to postpone the consideration of the 22d article; which passed in the negative.


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


On the question to agree to the 22d article, as amended, it passed in the affirmative.


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


It was moved and seconded to fill up the blank in the 23d article with the word “nine;” which passed in the affirmative.

It was moved and seconded to agree to the 23d article as far as the words “assigned by Congress,” inclusive; which passed in the affirmative.

It was moved and seconded to postpone the remainder of the 23d article; which passed in the negative.


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


It was moved and seconded to strike the words “choose the President of the United States and” out of the 23d article; which passed in the affirmative.


Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, Georgia, 8. Nays: New Hampshire, South Carolina, 2. Divided: Maryland, 1.


On the question to agree to the 23d article, it passed in the affirmative.

It was moved and seconded to take up the report of the committee of eleven, entered on the Journal of the 28th instant.

On the question to agree to the following clause of the report, to be inserted after the 4th section of the 7th article,—


“nor shall any regulation of commerce or revenue give preference to the ports of one state over those of another,” —


it passed in the affirmative.

On the question to agree to the following clause in the report, —


“or oblige vessels bound to or from any state to enter, clear, or pay duties, in another,” —


it passed in the affirmative.

It was moved and seconded to strike out the word “tonnage;” which passed in the affirmative.

On the question to agree to the following clause of the report, —


“and all duties, imposts, and excises, laid by the legislature, shall be uniform throughout the United States,” —


it passed in the affirmative.


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


It was moved and seconded to refer such parts of the Constitution as have been postponed, and such parts of reports as have not been acted on, to a committee of a member from each state; which passed in the affirmative.

And a committee was appointed, by ballot, of the Hon. Mr. Gilman, Mr. King, Mr. Sherman, Mr. Brearly, Mr. G. Morris, Mr. Dickinson, Mr. Carroll, Mr. Madison, Mr. Williamson, Mr. Butler, and Mr. Baldwin.

It was moved and seconded to adjourn. Passed in the affirmative.


Yeas: Massachusetts, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 7. Nay: Connecticut, 1. Divided: New Hampshire, 1.


The house adjourned.

SATURDAY, September 1, 1787

.

The Hon. Mr. Brearly, from the committee of eleven, to whom such parts of the Constitution as have been postponed, and such parts of reports as have not been acted on, were referred, informed the house the committee were prepared to

report partially.

The following report was then read: —


“That, in lieu of the 9th section of the 6th article, the following be inserted: —

“ ‘The members of each house shall be ineligible to any civil office under the authority of the United States during the time for which they shall be respectively elected; and no person holding any office of the United States shall be

a member of either house during his continuance in office.’ ”


The Hon. Mr. Rutledge, from the committee to whom sundry propositions, entered on the Journal of the 28th ultimo, were referred, informed the house that the committee were prepared to report. The following report was then read. That

the following additions be made to the report, namely: —

After the word “states,” in the last line, on the margin of the third page, add, “to establish uniform laws on the subject of bankruptcies;” and insert the following as the 16th article, namely: —


“Full faith and credit ought to be given, in each state, to the public acts, records, and judicial proceedings, of every other state; and the legislature shall, by general laws, prescribe the manner in which such acts, records, and

proceedings, shall be proved, and the effect which judgments obtained in one state shall have in another.”


It was moved and seconded to adjourn till Monday next, at 10 o’clock, A. M.

MONDAY, September 3, 1787

.

It was moved by Mr. Morris, and seconded, to strike out the words “judgments obtained in one state shall have in another,” and to insert the word “thereof,” after the word “effect,” in the report from the committee of five, entered on

the Journal of the 1st instant; which passed in the affirmative.


Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, 6. Nays: Maryland, Virginia, Georgia, 3.


It was moved and seconded to strike out the words “ought to,” and to insert the word “shall;” and to strike out the word “shall,” and insert the word “may,” in the report entered on the Journal of the 1st instant; which passed in the

affirmative.

On the question to agree to the report amended as follows, —


“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings, of every other state; and the legislature may, by general laws, prescribe the manner in which such acts, records, and

proceedings, shall be proved, and the effects thereof,”—


it passed in the affirmative.

On the question to agree to the following clause of the report, —


“to establish uniform laws on the subject of bankruptcies,” —


it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Connecticut, 1.


It was moved and seconded to adjourn. Passed in the negative.


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


It was moved and seconded to postpone the consideration of the report from the committee of eleven, entered on the Journal of the 1st instant, in order to take up the following: —


“The members of each house shall be incapable of holding any office under the United States, for which they, or any other for their benefit, receive any salary, fees, or emoluments of any kind; and the acceptance of such office shall

vacate their seats respectively.”


On the question to postpone, it passed in the negative.


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


It was moved and seconded to adjourn. Passed in the negative.


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


It was moved and seconded to insert the word “created” before the word “during,” in the report of the committee of eleven; which passed in the negative.


Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, New Jersey, Maryland, South Carolina, Georgia, 5.


It was moved and seconded to insert the words “created, or the emoluments whereof shall have been increased,” before the word “during,” in the report of the committee.

On the question being taken, the votes were, —


Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, New Jersey, Maryland, South Carolina, 4. Divided: Georgia, 1.


The same question was taken again; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, Maryland, South Carolina, 3. Divided: Georgia, 1.


Separate questions having been taken on the report as amended, they passed in the affirmative. And the report as amended is as follows;


“The members of each house shall be ineligible to any civil office under the authority of the United States, created, or the emoluments whereof shall have been increased, during the time for which they shall respectively be elected;

and no person holding any office under the United States shall be a member of either house during his continuance in office.”


The house then adjourned.

TUESDAY, September 4, 1787

.

The Hon. Mr. Brearly, from the committee of eleven, informed the house that the committee were prepared to report partially. It was afterwards delivered in at the secretary’s table, and was again read, and is as follows: —


“The committee of eleven, to whom sundry resolutions, c., were referred on the 31st ultimo, report, —

“That, in their opinion, the following additions and alterations should be made to the report before the Convention, namely: —

“1. The 1st clause of the 1st section of the 7th article to read as follows: ‘The legislature shall have power to lay and collect taxes, duties, imposts, and excises; to pay the debts, and provide for the common defence and general

welfare, of the United States.’

“2. At the end of the 2d clause of the 1st section, 7th article, add, ‘and with the Indian tribes.’

“3. In the place of the 9th article, 1st section, to be inserted, ‘The Senate of the United States shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members

present.’

“4. After the word ‘excellency,’ in the 1st section, 10th article, to be inserted, ‘he shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected, in the following

manner: —

“5. ‘Each state shall appoint, in such manner as its legislature may direct, a number of electors, equal to the whole number of senators and members of the House of Representatives to which the state may be entitled in the legislature.

“6. ‘The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves; and they shall make a list of all the persons voted for,

and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the Senate.

“7. ‘The president of the Senate shall, in that house, open all the certificates; and the votes shall be then and there counted. The person having the greatest number of votes shall be the President, if such number be a majority of the

whole number of the electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the Senate shall choose by ballot one of them for President; but if no person have a majority, then,

from the five highest on the list, the Senate shall choose by ballot the President. And in every case, after the choice of the President, the person having the greatest number of votes shall be Vice-President. But if there should

remain two or more who have equal votes, the Senate shall choose from them the Vice-President.

“8. ‘The legislature may determine the time of choosing and assembling the electors, and the manner of certifying and transmitting the votes.

“ ‘ SECT. 2. No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President; nor shall any person be elected to that office who

shall be under the age of thirty-five years, and who has not been, in the whole, at least fourteen years a resident of the United States.

“ ‘ SECT. 3. The Vice-President shall be, ex officio, president of the Senate, except when they sit to try the impeachment of the President, in which case the chief justice shall preside; and excepting, also, when he shall exercise the

powers and duties of President, in which case, and in case of his absence, the Senate shall choose a president pro tempore. The Vice-President, when acting as president of the Senate, shall not have a vote, unless the house be equally

divided.

“ ‘ SECT. 4. The President, by and with the advice and consent of the Senate, shall have power to make treaties; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint, ambassadors, and other public

ministers, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for. But no treaty, except treaties of peace, shall be made without the consent of two thirds of

the members present.’

“After the words ‘into the service of the United States,’ in the 2d section, 10th article, add, ‘and may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject relating to the

duties of their respective offices.’

“The latter part of the 2d section, 10th article, to read as follows: —

“ ‘He shall be removed from his office, on impeachment by the House of Representatives and conviction by the Senate, for treason or bribery; and, in case of his removal as aforesaid, death, absence, resignation, or inability to

discharge the powers or duties of his office, the Vice-President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.’ ”


On the question to agree to the 1st clause of the report, it passed in the affirmative.

On the question to agree to the 2d clause of the report, it passed in the affirmative.

It was moved and seconded to postpone the consideration of the 3d clause of the report; which passed in the affirmative.

It was moved and seconded to postpone the consideration of the remainder of the report; which passed in the negative.


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


After some time passed in debate, it was moved and seconded to postpone the consideration of the remainder of the report, and that the members take copies thereof; which passed in the affirmative.


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


It was moved and seconded to refer the following motion to the committee of eleven: —


“To prepare and report a plan for defraying the expenses of this Convention;”


which passed in the affirmative.

It was moved and seconded to adjourn; which passed unanimously in the affirmative. The house adjourned.

WEDNESDAY, September 5, 1787

.

The Hon. Mr. Brearly, from the committee of eleven, informed the house that the committee were prepared to report further. He then read the report in his place; and the same, being delivered in at the secretary’s table, was again read,

and is as follows: —


“To add to the clause ‘to declare war,’ the words ‘and grant letters of marque and reprisal.’

“To add to the clause ‘to raise and support armies,’ the words ‘but no appropriation of money for that use shall be for a longer term than two years.’

“Instead of the 12th section of the 6th article, say, —

“ ‘All bills for raising revenue shall originate in the House of Representatives, and shall be subject to alterations and amendments by the Senate. No money shall be drawn from the treasury but in consequence of appropriations made by

law.’

“Immediately before the last clause of the 1st section of the 7th article, —

“ ‘To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of the legislature, become the seat of the government of the

United States; and to exercise like authority over all places purchased for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

“ ‘To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.’ ”


On the question to agree to the 1st clause of the report, it passed in the affirmative.

On the question to agree to the 2d clause of the report, it passed in the affirmative.

It was moved and seconded to postpone the consideration of the 3d clause of the report. It passed in the affirmative.

It was moved and seconded to insert the following words after the word “purchased,” in the 4th clause of the report: “by the consent of the legislature of the state;” which passed in the affirmative.

On the question to agree to the 4th clause of the report, it passed in the affirmative.

The following resolution and order, reported from the committee of eleven, were read: —


“ Resolved, That the United States in Congress be requested to allow, and cause to be paid, to the secretary and other officers of this Convention, such sums, in proportion to their respective times of service, as are allowed to the

secretary and similar officers of Congress.”

“ Ordered, That the secretary make out, and transmit to the treasury office of the United States, an account for the said services, and for the incidental expenses of this Convention.”


Separate questions being taken on the foregoing resolve and order, they passed in the affirmative.

It was moved and seconded to take up the remainder of the report from the committee of eleven, entered on the Journal of the 4th instant.

It was moved and seconded to postpone the consideration of the report, in order to take up the following: —


“He shall be elected, by joint ballot, by the legislature, to which election a majority of the votes of the members present shall be required. He shall hold his office during the term of seven years, but shall not be elected a second

time.”


On the question to postpone, it passed in the negative.


Yeas: North Carolina, South Carolina, 2. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 8. Divided: New Hampshire, 1.


It was moved and seconded to strike out the words “if such number be a majority of that of the electors;” which passed in the negative.


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


It was moved and seconded to strike out the word “Senate,” and insert the word “legislature;” which passed in the negative.


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


It was moved and seconded to strike out the words “such majority,” and to insert the words “one third;” which passed in the negative.


Yeas: Virginia, North Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 9.


It was moved and seconded to strike out the word “five,” and to insert “three;” which passed in the negative.


Yeas: Virginia, North Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 9.


It was moved and seconded to strike out the word “five,” and to insert the word “thirteen;” which passed in the negative.


Yeas: North Carolina, South Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 9.


It was moved and seconded to add, after the word “electors,” the words “who shall have balloted;” which passed in the negative.


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


It was moved and seconded to add, after the words “if such number be a majority of the whole number of the electors,” the word “appointed;” which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, 9. Nays: Virginia, North Carolina, 2.


It was moved and seconded to insert, after the words “the legislature may determine the time of choosing and assembling the electors,” the words “and of their giving their votes;” which passed in the affirmative.

The house adjourned.

THURSDAY, September 6, 1787

.

It was moved and seconded to insert the following words after the words “may be entitled in the legislature,” in the 5th clause of the report, entered on the Journal of the 4th instant: —


“but no person shall be appointed an elector who is a member of the legislature of the United States, or who holds any office of profit or trust under the United States;”


which passed in the affirmative.

It was moved and seconded to insert the word “seven,” instead of “four,” in the 4th clause of the report; which passed in the negative.


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


It was moved and seconded to insert the word “six,” instead of “four;” which passed in the negative.


Yeas: North Carolina, South Carolina, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 9.


The question being put to agree to the word “four,” it passed in the affirmative.


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


On the question to agree to the 4th clause of the report, as follows, —


“He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected in the following manner,” —


it passed in the affirmative.


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


On the question upon the 5th clause of the report, prescribing the appointment of electors, it passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, 9. Nays: North Carolina, South Carolina, 2.


It was moved and seconded to agree to the following clause: —


“That the electors meet at the seat of the general government;”


which passed in the negative.


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


It was moved and seconded to insert the words “under the seal of the state,” after the word “transmit,” in the 6th clause of the report; which passed in the negative.

It was moved and seconded to agree to the 6th clause of the report; which passed in the affirmative.


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


It was moved and seconded to agree to the words “the person having the greatest number of votes shall be President,” in the 7th clause of the report; which passed in the affirmative.


Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, Connecticut, 2. Divided: New Hampshire, 1.


It was moved and seconded to agree to the words “if such number be a majority of the whole number of the electors appointed;” which passed in the affirmative.


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


It was moved and seconded to insert the words “in presence of the Senate and House of Representatives,” after the word “counted;” which passed in the affirmative.


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


It was moved and seconded to insert the words “and who shall have given their votes” after the word “appointed,” in the 7th clause of the report; which passed in the negative.


Yeas: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, 5. Nays: New Hampshire, Connecticut, New Jersey, Delaware, Maryland, Georgia, 6.


It was moved and seconded to insert the word “immediately” before the word “choose;” which passed in the affirmative.


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


It was moved and seconded to insert the words “of the electors” after the word “votes;” which passed unanimously in the affirmative.

It was moved and seconded to agree to the following clause, “but the election shall be on the same day throughout the United States,” after the words “transmitting their votes;” which passed in the affirmative.


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


It was moved and seconded to strike out the words “the Senate shall immediately choose by ballot,” c., and to insert the words, —


“the House of Representatives shall immediately choose by ballot one of them for President, the members from each state having one vote;”


which passed in the affirmative.


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


It was moved and seconded to agree to the following amendment: —


“but a quorum for this purpose shall consist of a member or members from two thirds of the states;”


which passed unanimously in the affirmative.

On the question to agree to the following amendment, —


“and also of a majority of the whole number of the House of Representatives,”—


it passed in the negative.


Yeas: Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, 5. Nays: New Hampshire, New Jersey, Delaware, Maryland, South Carolina, Georgia, 6.


On the question to agree to the following paragraph of the report, —


“and in every case, after the choice of the President, the person having the greatest number of votes shall be the Vice-President; but if there should remain two or more who have equal votes, the Senate shall choose from them the

Vice-President,”—


it passed in the affirmative.


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


The several amendments being agreed to, on separate questions, the 1st section of the report is as follows: —


“He shall hold the office during the term of four years; and, together with the Vice-President, chosen for the same term, be elected in the following manner: —

“Each state shall appoint, in such manner as its legislature may direct, a number of electors equal to the whole number of senators and members of the House of Representatives to which the state may be entitled in the legislature.

“But no person shall be appointed an elector who is a member of the legislature of the United States, or who holds any office of profit or trust under the United States.

“The electors shall meet in their respective states, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same state with themselves; and they shall make a list of all the persons voted for, and

of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the Senate.

“The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted.

“The person having the greatest number of votes shall be the President, (if such number be a majority of the whole number of the electors appointed;) and if there be more than one who have such majority, and have an equal number of

votes, then the House of Representatives shall immediately choose by ballot one of them for President: the representation from each state having one vote. But if no person have a majority, then, from the five highest on the list the

House of Representatives shall, in like manner, choose by ballot the President. In the choice of a President, by the House of Representatives, a quorum shall consist of a member or members from two thirds of the states; and the

concurrence of a majority of all the states shall be necessary to such choice. And in every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if

there should remain two or more who have equal votes the Senate shall choose from them the Vice-President.

“The legislature may determine the time of choosing the electors, and of their giving their votes, and the manner of certifying and transmitting their votes. But the election shall be on the same day throughout the United States.”


The house adjourned.

FRIDAY, September 7, 1787

.

It was moved and seconded to insert the following clause after the words “throughout the United States,” in the 1st section of the report: —


“The legislature may declare by law what officer of the United States shall act as President, in case of the death, resignation, or disability, of the President and Vice-President; and such officer shall act accordingly, until such

disability be removed, or a President shall be elected;” —


which passed in the affirmative.


Yeas: New Jersey, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 6. Nays: Massachusetts, Connecticut, Delaware, North Carolina, 4. Divided: New Hampshire, 1.


It was moved and seconded to insert the following amendment after the words “a member or members from two thirds of the states,” in the 1st section of the report, “and a concurrence of a majority of all the states shall be necessary to

make such choice;” which passed in the affirmative.

On the question to agree to the 2d section of the report, it passed in the affirmative.

The question being taken on the 1st clause of the 3d section of the report, —


“The Vice-President shall be, ex officio, president of the Senate,” —


it passed in the affirmative.


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


Separate questions having been taken on the several clauses of the 3d section of the report, they passed in the affirmative.

It was moved and seconded to insert the words “and the House of Representatives,” after the word “Senate,” in the 1st clause of the 4th section of the report; which passed in the negative.


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


It was moved and seconded to substitute the words “foreign ministers,” instead of “ambassadors and other public ministers,” in the 2d clause of the 4th section of the report; which passed in the negative.


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


It was moved and seconded to amend the 2d clause of the 4th section of the report, to read, “ambassadors, other public ministers, and consuls;” which passed unanimously in the affirmative.

A question was taken on the words “judges of the Supreme Court,” which passed unanimously in the affirmative.

A question was taken upon the words “and all other officers,” which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, 9. Nays: Pennsylvania, South Carolina, 2.


It was moved by Mr. Madison, and seconded, to postpone the consideration of the 4th section of the report, in order to take up the following: —


“That it be an instruction to the committee of the states to prepare a clause, or clauses, for establishing an executive council, or a council of state, for the President of the United States, to consist of six members, two of which

from the Eastern, two from the Middle, and two from the Southern States, with a rotation and duration of office similar to that of the Senate; such council to be appointed by the legislature or by the Senate.”


On the question to postpone, it passed in the negative.


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


It was moved and seconded to agree to the following clause: —


“That the President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session of the Senate;”


which passed in the affirmative.

It was moved and seconded to insert the words “except treaties of peace,” after the word “treaty,” in the 4th section of the report as amended; it passed in the affirmative.


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


It was moved and seconded to postpone the following clause of the report: —


“and may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices;”


which passed in the negative.


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


On the question to agree to the clause, it passed unanimously in the affirmative.

It was moved and seconded to agree to the following amendment: —


“but no treaty of peace shall be entered into, whereby the United States shall be deprived of any of their present territory or rights, without the concurrence of two thirds of the members of the Senate present.”


The house adjourned.

SATURDAY, September 8, 1787

.

It was moved and seconded to strike the words “except treaties of peace” out of the 4th section of the report; which passed in the affirmative.


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


It was moved and seconded to strike out the last clause of the 4th section of the report; which passed in the negative.


Yea: Delaware, 1. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Connecticut, 1.


It was moved and seconded to agree to the following amendment: —


“two thirds of all the members of the Senate to make a treaty;” —


which passed in the negative.


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


It was moved and seconded to agree to the following amendment: —


“a majority of all the members of the Senate to make a treaty;”


which passed in the negative.


Yeas: Massachusetts, Connecticut, Delaware, South Carolina, Georgia, 5. Nays: New Hampshire, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, 6.


It was moved and seconded to agree to the following amendment: —


“but no treaty shall be made before all the members of the Senate are summoned, and shall have time to attend;”


which passed in the negative.


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


It was moved and seconded to agree to the following amendment: —


“neither shall any appointment be made as aforesaid, unless to offices established by the Constitution, or by law;”


which passed in the negative.


Yeas: Massachusetts, Connecticut, New Jersey, North Carolina, Georgia, 5. Nays: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, 6.


It was moved and seconded to insert the words “or other high crimes and misdemeanors against the state,” after the word “bribery;” which passed in the affirmative.


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


It was moved and seconded to strike out the words “by the Senate,” after the word “conviction;” which passed in the negative.


Yeas: Pennsylvania, Virginia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9.


It was moved and seconded to strike out the word “state,” after the word “against,” and to insert the words “United States;” which passed unanimously in the affirmative.

On the question to agree to the last clause of the report, it passed in the affirmative.


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


It was moved and seconded to add the following clause after the words “United States:” —


“the Vice-President and other civil officers of the United States shall be removed from office on impeachment and conviction as aforesaid;”


which passed unanimously in the affirmative.

It was moved and seconded to amend the 3d clause of the report, entered on the Journal of the 5th instant, to read as follows, instead of the 12th section, 6th article: —


“All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. No money shall be drawn from the treasury but in consequence of appropriations

made by law;”


which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Delaware, Maryland, 2.


It was moved and seconded to amend the 3d clause of the report entered on the Journal of the 4th inst., to read as follows: —

In the place of the 1st section, 9th article, insert, —


“The Senate of the United States shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present; and every member shall be on oath;”


which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, 9. Nays: Pennsylvania, Virginia, 2.


It was moved and seconded to agree to the following clause: —


“The legislature shall have the sole right of establishing offices not herein provided for;”


which passed in the negative.


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


It was moved and seconded to amend the said clause of the 2d section, 10th article, to read, —


“he may convene both or either of the houses on extraordinary occasions;”


which passed in the affirmative.


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


It was moved and seconded to appoint a committee of five to revise the style of, and arrange, the articles agreed to by the house; which passed in the affirmative.

And a committee was appointed, by ballot, of the Hon. Mr. Johnston, Mr. Hamilton, Mr. G. Morris, Mr. Madison. and Mr. King.

The house adjourned.

MONDAY, September 10, 1787

.

It was moved and seconded to reconsider the 3d section of the 4th article, which prescribes the number of the House of Representatives; which passed in the negative.


Yeas: Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 5. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, 6.


It was moved and seconded to reconsider the 19th article; which passed in the affirmative.


Yeas: Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: New Jersey, 1. Divided: New Hampshire, 1.


It was moved and seconded to amend the 19th article, by adding the following clause: —


“or the legislature may propose amendments to the several states, for their approbation; but no amendment shall be binding until consented to by the several states.”


It was moved and seconded to insert the words “two thirds of” before the words “the several states;” which passed in the negative.


Yeas: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 6.


It was moved and seconded to insert the words “three fourths;” which passed unanimously in the affirmative.

It was moved and seconded to postpone the consideration of the amendment, in order to take up the following: —


“The legislature of the United States, whenever two thirds of both houses shall deem necessary, or on the application of two thirds of the legislature of the several states, shall propose amendments to this Constitution, which shall be

valid, to all intents and purposes, as parts thereof, when the same shall have been ratified by three fourths, at least, of the legislatures of the several states, or by conventions in three fourths thereof, as one or the other mode of

ratification may be proposed by the legislature of the United States; provided that no amendments which may be made prior to the year 1808 shall in any manner affect the 4th and 5th sections of article the 7th.”


On the question to postpone, it passed in the affirmative.

On the question to agree to the last amendment, it passed in the affirmative.


Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1. Divided: New Hampshire, 1.


It was moved and seconded to reconsider the 21st and 22d articles; which (the question being separately put upon each article) passed in the affirmative.


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


It was moved and seconded to postpone the 21st article, in order to take up the following: —


“ Resolved, That the foregoing plan of the Constitution be transmitted to the United States, in Congress assembled, in order that, if the same shall be agreed to by them, it may be communicated to the legislatures of the several

states, to the end that they may provide for its final ratification, by referring the same to the consideration of a convention of deputies in each state, to be chosen by the people thereof; and that it be recommended to the said

legislatures, in their respective acts for organizing such convention, to declare that, if the said convention shall approve of the said Constitution, such approbation shall be binding and conclusive upon the state; and further, that,

if the said convention should be of opinion that the same, upon the assent of any new states thereto, ought to take effect between the states so assenting, such opinion shall thereupon be also binding upon each state; and the said

Constitution shall take effect between the states assenting thereto.”


On the question to postpone, it passed in the negative.


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

On the question to agree to the 21st article, it passed unanimously in the affirmative.

It was moved and seconded to restore the words “for their approbation” to the 22d article. Passed in the negative.

It was moved and seconded to refer the following to the committee of revision: —


“That it be an instruction to the committee to prepare an address to the people, to accompany the present Constitution, and to be laid, with the same, before the United States in Congress;”


which passed in the affirmative.

TUESDAY, September 11, 1787

.

The house met; but the committee of revision not having reported, and there being no business before the Convention, the house adjourned.

WEDNESDAY, September 12, 1787

.

The Hon. Mr. Johnston, from the committee of revision, informed the house that the committee were prepared to report the Constitution as revised and arranged. The report was then delivered in at the secretary’s table; and, having been

once read throughout, —


“ Ordered, That the members be furnished with printed copies thereof.

REVISED DRAFT OF THE CONSTITUTION,

REPORTED SEPTEMBER 12, 1787, BY THE COMMITTEE OF REVISION.


[Paper furnished by General Bloomfield. The original is Mr. Brearly’s copy of the draft, with manuscript interlineations and erasures of the amendments adopted on the examination and discussion.]


“We, the people of the United States, in order to form a more perfect union, to establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to

ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

“ ART. I.—SECT. 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

“ SECT. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous

branch of the state legislature.

“No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be

chosen.

“Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons,

including those bound to servitude for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United

States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every forty thousand, but each state shall have at least one representative; and

until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight,

Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

“When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

“The House of Representatives shall choose their speaker and other officers; and they shall have the sole power of impeachment.

“ SECT. 3. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years: and each senator shall have one vote.

“Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the

second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one third may be chosen every second year. And if vacancies happen by resignation, or otherwise,

during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature.

“No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

“The Vice-President of the United States shall be, ex officio, president of the Senate, but shall have no vote, unless they be equally divided.

“The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

“The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted

without the concurrence of two thirds of the members present.

“Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall nevertheless

be liable and subject to indictment, trial, judgment, and punishment, according to law.

“ SECT. 4. The times, places, and manner, of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations.

“The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

“ SECT. 5. Each house shall be the judge of the elections, returns, and qualifications, of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be

authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.

“Each house may determine the rules of its proceedings; punish its members for disorderly behavior; and, with the concurrence of two thirds, expel a member.

“Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house on any question shall,

at the desire of one fifth of those present, be entered on the Journal.

“Neither house, during the session of Congress, shall, without consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

“ SECT. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of

the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any

other place.

“No senator or representative shall, during the time for which he was elected, be appointed to any civil office, under the authority of the United States, which shall have been created, or the emoluments whereof shall have been

increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.

“ SECT. 7. The enacting style of the laws shall be, ‘ Be it enacted by the senators and representatives, in Congress assembled. ’

“All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.

“Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States. If he approve, he shall sign it; but if not, he shall return it, with

his objections, to that house in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the

bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two thirds of that house, it shall become a law. But in all such cases, the votes of both houses

shall be decided by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the Journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays

excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by its adjournment, prevent its return; in which case it shall not be a law.

“Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on the question of adjournment,) shall be presented to the President of the United States, and, before the

same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by three fourths of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

“ SECT. 8. The Congress may, by joint ballot, appoint a treasurer. They shall have power to lay and collect taxes, duties, imposts, and excises; to pay the debts, and provide for the common defence and general welfare, of the United

States;

“To borrow money on the credit of the United States;

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

“To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States;

“To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

“To provide for the punishment of counterfeiting the securities and current coin of the United States;

“To establish post-offices and post-roads;

“To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries;

“To constitute tribunals inferior to the Supreme Court;

“To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;

“To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

“To raise and support armies, — but no appropriation of money to that use shall be for a longer term than two years;

“To provide and maintain a navy;

“To make rules for the government and regulation of the land and naval forces;

“To provide for the calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;

“To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the United States — reserving to the states, respectively, the appointment of the officers, and the authority

of training the militia, according to the discipline prescribed by Congress;

“To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of government of the United

States; and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; and,

“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

“ SECT. 9. The migration or importation of such persons as the several states, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty

may be imposed on such importation, not exceeding ten dollars for each person.

“The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

“No bill of attainder shall be passed, or any ex post facto law.

“No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken.

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

“No money shall be drawn from the treasury, but in consequence of appropriations made by law.

“No title of nobility shall be granted by the United States.

“And no person holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

“ SECT. 10. No state shall coin money, nor emit bills of credit, nor make any thing but gold and silver coin a tender in payment of debts, nor pass any bill of attainder, nor ex post facto laws, nor laws altering or impairing the

obligation of contracts; nor grant letters of marque and reprisal; nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.

“No state shall, without the consent of Congress, lay imposts or duties on imports or exports, nor with such consent, but to the use of the treasury of the United States; nor keep troops or ships of war in time of peace; nor enter into

any agreement or compact with another state, not with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of delay until the Congress can be

consulted.

“ ART. II. — SECT. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be

elected in the following manner: —

“Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in Congress; but no senator or

representative shall be appointed an elector, nor any person holding an office of trust or profit under the United States.

“The electors shall meet in their respective states, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and

of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the Senate. The president of the Senate shall, in the presence of the

Senate and House of Representatives, open all the certificates; and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors

appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then

from the five highest on the list the said house shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by states, and not per capita, the representation from each state having one vote. A

quorum for this purpose shall consist of a member or members from two thirds of the states; and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President by the representatives, the

person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.

“The Congress may determine the time of choosing the electors, and the time in which they shall give their votes; but the election shall be on the same day throughout the United States.

“No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall

not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

“In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may by law provide

for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed, or the

period for choosing another President arrive.

“The President shall, at stated times, receive a fixed compensation for his services, which shall neither be increased nor diminished during the period for which he shall have been elected.

“Before he enter on the execution of his office, he shall take the following oath or affirmation: —

“ ‘I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my judgment and power, preserve, protect, and defend the Constitution of the United States.’

“ SECT. 2. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States.

“He may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices. And he shall have power to grant reprieves and pardons for

offences against the United States, except in cases of impeachment.

“He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint,

ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for.

“The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of the next session.

“ SECT. 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on extraordinary occasions,

convene both houses, or either of them; and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public

ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States.

“ SECT. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

“ ART. III. — SECT. 1. The judicial power of the United States, both in law and equity, shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of

the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

“ SECT. 2. The judicial power shall extend to all cases, both in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting

ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and

citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states; or between a state, or the citizens thereof, and foreign states, citizens, or

subjects.

“In cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have

appellate jurisdiction, both as to law and fact, — with such exceptions, and under such regulations, as the Congress shall make.

“The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crime shall have been committed; but when not committed within any state, the trial shall be at such

place or places as the Congress may by law have directed.

“ SECT. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two

witnesses to the same overt act, or on confession in open court.

“The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attainted.

“ ART. IV. — SECT. 1. Full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings, of every other state. And the Congress may, by general laws, prescribe the manner in which such acts,

records, and proceedings, shall be proved, and the effect thereof.

“ SECT. 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

“A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, and removed

to the state having jurisdiction of the crime.

“No person legally held to service or labor in one state, escaping into another, shall, in consequence of regulations subsisting therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to

whom such service or labor may be due.

“ SECT. 3. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of

states, without the consent of the legislatures of the states concerned, as well as of the Congress.

“The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice

any claim of the United States, or of any particular state.

“ SECT. 4. The United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the legislature or executive, against domestic violence.

“ ART. V. The Congress, whenever two thirds of both houses shall deem necessary, or on the application of two thirds of the legislatures of the several states, shall propose amendments to this Constitution, which shall be valid, to all

intents and purposes, as part thereof, when the same shall have been ratified by three fourths, at least, of the legislatures of the several states, or by conventions in three fourths thereof, as the one or the other mode of

ratification may be proposed by the Congress; provided, that no amendment which may be made prior to the year 1808 shall in any manner affect the and sections of article.

“ ART. VI. All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation.

“This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the

judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.

“The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or

affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office of public trust under the United States.

“ ART. VII. The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution between the states scratifying the same.”


The draft of a letter to Congress, being at the same time reported, was read once throughout, and afterwards agreed to by paragraphs.

THE LETTER TO CONGRESS.


[Paper deposited by President Washington, at the Department of State.]


“We have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable.

“The friends of our country have long seen and desired that the power of making war, peace, and treaties; that of levying money and regulating commerce; and the correspondent executive and judicial authorities, shall be fully and

effectually vested in the general government of the Union. But the impropriety of delegating such extensive trust to one body of men is evident. Thence results the necessity of a different organization. It is obviously impracticable,

in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty, to preserve the

rest. The magnitude of the sacrifice must depend as well on situation and circumstances as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and

those which may be reserved. And, on the present occasion, this difficulty was increased by a difference, among the several states, as to their situation, extent, habits, and particular interests.

“In all our deliberations on this subject, we kept steadily in our view that which appeared to us the greatest interest of every true American, — the consolidation of the Union, — in which is involved our prosperity, felicity, safety,

perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state, in the Convention, to be less rigid, in points of inferior magnitude, than might have been otherwise expected.

And thus the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable.

“That it will meet the full and entire approbation of every state is not, perhaps, to be expected. But each will doubtless consider, that, had her interest alone been consulted, the consequences might have been particularly

disagreeable and injurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom

and happiness, is our most ardent wish.”


It was moved and seconded to reconsider the 13th section of the 6th article; which passed in the affirmative.

It was moved and seconded to strike out the words “three fourths,” and to insert the words “two thirds,” in the 13th section of the 6th article; which passed in the affirmative.


Yeas: Connecticut, New Jersey, Maryland, North Carolina, South Carolina, Georgia, 6. Nays: Massachusetts, Pennsylvania, Delaware, Virginia, 4. Divided: New Hampshire, 1.


It was moved and seconded to appoint a committee to prepare a bill of rights; which passed unanimously in the negative.

It was moved and seconded to reconsider the 13th article, in order to add the following clause at the end of the 13th article: —


“ Provided nothing herein contained shall be construed to restrain any state from laying duties upon exports, for the sole purpose of defraying the charges of inspecting, packing, storing, and indemnifying the losses in keeping the

commodities in the care of public officers before exportation.” —


It was agreed to reconsider.


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


THURSDAY, September 13, 1787

.

The Hon. Mr. Johnston, from the committee of revision, reported the following as a substitute for the 22d and 23d articles: —


“ Resolved, That the preceding Constitution be laid before the United States in Congress assembled; and that it is the opinion of this Convention, that it should afterwards be submitted to a convention of delegates chosen in each state

by the people thereof, under the recommendation of its legislature, for their assent and ratification; and that each convention, assenting to and ratifying the same, should give notice thereof to the United States in Congress

assembled.

“ Resolved, That it is the opinion of this Convention, that, as soon as the conventions of nine states shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be

appointed by the states which shall have ratified the same; and a day on which the electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution; that, after such

publication, the electors should be appointed, and the senators and representatives elected; that the electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed,

and directed, as the Constitution requires, to the secretary of the United States in Congress assembled; that the senators and representatives should convene at the time and place assigned; that the senators should appoint a president

of the Senate for the sole purpose of receiving, opening, and counting the votes for President; and that, after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this

Constitution.”


The clause offered to the house yesterday, to be added to the 13th article, being withdrawn, it was moved and seconded to agree to the following amendment to the 13th article: —


“ Provided, That no state shall be restrained from imposing the usual duties on produce exported from that state, for the sole purpose of defraying the charges of inspecting, packing, storing, and indemnifying the losses on such

produce, while in the custody of public officers, but all such regulations shall, in case of abuse, be subject to the revision and control of Congress;”


which passed in the affirmative.

It was moved and seconded to postpone the consideration of the report of the committee, respecting the 22d and 23d articles; which passed in the affirmative.


Yeas: New Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Connecticut, 1.


It was moved and seconded to proceed to the comparing of the report from the committee of revision with the articles which were agreed to by the house, and to them referred for arrangement; which passed in the affirmative.


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


And the same was read by paragraphs, compared, and in some places corrected and amended.


[No entry of the corrections and amendments adopted or proposed appears upon the Journals. The sheets of yeas and nays exhibit, however, many of the questions upon the amendments proposed, and the result of the votes upon them. The

amendments adopted are interlined in manuscript, in the revised draft of the Constitution used by Mr. Brearly; and, with the Minutes furnished by Mr. Madison to complete the Journal, collated with the entries on the sheets of yeas and

nays, present the following questions and votes: —]


It was moved and seconded to add the words “for two years;” [see 2d section, 1st article;] which passed in the negative.


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


It was moved and seconded to insert the word “service” instead of “servitude,” article 1st, section 2d, clause 3d; which passed unanimously in the affirmative.

It was moved and seconded to strike out the words “and direct taxes” from the same clause; which passed in the negative.


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


It was moved and seconded to insert, between “after” and “it,” the words “the day on which.” Passed in the negative.


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


It was moved and seconded to rescind the rule for adjournment; which passed in the affirmative.


Yeas: New Hampshire, Massachusetts, Virginia, North Carolina, South Carolina, Georgia, 6. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, 5.


It was moved and seconded to insert, after the word “parts,” the words “of the proceedings of the Senate;” which passed in the negative.


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


It was moved and seconded to strike out the word “to” before “establish justice,” in the preamble; which passed in the affirmative.


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


It was moved and seconded to reconsider the 2d clause of the 3d section, 1st article; which passed in the negative.


Yeas: Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 5. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, 6.


Question omitted.


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


Question omitted.


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


It was moved and seconded to reconsider the 1st clause of the 5th section of the 1st article; which passed in the negative.


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


Question omitted.


[It was probably on adding the words “except as to the place of choosing senators,” after the word “regulations,” in the 4th section of the 1st article; which amendment was adopted.]

Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Delaware, 1. Divided: Pennsylvania, 1.


Question omitted. Passed in the negative.


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


Question omitted. Passed in the negative.


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


Question omitted. Passed in the affirmative.


[It was probably on striking out the words “three fourths,” and inserting “two thirds,” in the 4th clause, 7th section, 1st article.]

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


FRIDAY, September 14, 1787

.

The report from the committee of revision, as corrected and amended yesterday, being taken up, was read, debated by paragraphs, amended, and agreed to, as far as the 1st clause of the 10th section, 1st article, inclusive.

Question — To strike out the words “may by joint ballot appoint a treasurer. — They,” from the 1st clause of the 8th section, 1st article; which passed in the affirmative.


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


Question — To reconsider the 10th clause, 8th section, 1st article; which passed in the affirmative.


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


Question — To strike out the word “punish;” which passed in the affirmative.


Yeas: New Hampshire, Connecticut, New Jersey, Delaware, North Carolina, South Carolina, 6. Nays: Massachusetts, Pennsylvania, Maryland, Virginia, Georgia, 5.


Question — To grant letters of incorporation for canals, c., — a clause proposed to be added to the 8th section of the 1st article. Passed in the negative.


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


Question — To establish a university, — an additional clause proposed to the 8th section of the 1st article. Passed in the negative.


Yeas: Pennsylvania, Virginia, North Carolina, South Carolina, 4. Nays: New Hampshire, Massachusetts, New Jersey, Delaware, Maryland, Georgia, 6. Divided: Connecticut, 1.


It was moved and seconded to insert, before the words “to provide for organizing, arming,” c., the words “and that the liberties of the people may be better secured against the danger of standing armies in time of peace,” article 1st,

section 8th. Passed in the negative.


Yeas: Virginia, Georgia, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, 9.


Question — To reconsider the ex post facto clause. Passed unanimously in the negative.

Question — To insert “the liberty of the press shall be inviolably preserved.” Passed in the negative.


Yeas: New Hampshire, Massachusetts, Maryland, Virginia, South Carolina, 5. Nays: Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, 6.


Question — To insert the words “or enumeration,” after the word “census,” in the 4th clause of the 9th section, 1st article. Passed in the affirmative.


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


Question omitted. Passed unanimously in the affirmative.


[Probably upon one or all of the following three amendments, adopted.]


Add, at the end of the 1st clause of the 8th section, 1st article, —


“but all duties, imposts, and excises, shall be uniform throughout the United States.”


Add, at the end of the 5th clause of the 9th section, 1st article, —


“No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties, in another.”


Add, at the end of the 6th clause of the 9th section, 1st article, —


“and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.”


The following amendments to the revised draft were likewise adopted: —

Article 1st, section 2d, clause 5th. Strike out the word “they.”

Article 1st, section 3d, clause 2d. Add, at the end of the clause, after the word “legislature,” the words “which shall then fill such vacancies.”

Article 1st, section 3d, clause 4th. Strike out the words “ ex officio. ”

Article 1st, section 3d, clause 6th. After the word “oath,” insert “or affirmation.”

Article 1st, section 8th, clause 3d. After the word “nation,” insert the word “and.”

Article 1st, section 9th, clause 1st. Strike out the word “several,” and between the words “as” and “the,” insert the words “any of.”

Alter the 3d clause, so as to read, “no bill of attainder or ex post facto law shall be passed.”

In the 4th clause, after the word “capitation,” insert the words “or other direct.”

Article 1st, section 10th, clause 1st, was variously amended, to read as follows: —


“No state shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, make any thing but gold or silver coin a tender in payment of debts, pass any bill of attainder,

ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.”


The house adjourned.

SATURDAY, September 15, 1787

.

It was moved and seconded to appoint a committee to prepare an address to the people of the United States, to accompany the Constitution; which passed in the negative.


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


It was moved and seconded to reconsider the 3d clause, 2d section, 1st article; which passed in the affirmative.


Yeas: New Hampshire, Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Massachusetts, New Jersey, 2. Divided: Pennsylvania, 1.


It was moved and seconded to —


[N. B. The volume containing the Journal of the Convention, deposited in the department of state by President Washington, terminates thus, leaving the Journal imperfect, and the Minutes of Saturday, September 15, crossed out with a

pen. It has been completed in the following manner, by Minutes furnished, at the request of President Monroe, by Mr. Madison: —]


— add one member to the representatives of North Carolina, and of Rhode Island.

On the question as to Rhode Island, it passed in the negative.


Yeas: New Hampshire, Delaware, Maryland, North Carolina, Georgia, 5. Nays: Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, South Carolina, 6.


On the question as to North Carolina, it passed in the negative.


Yeas: Maryland, Virginia, North Carolina, South Carolina, Georgia, 5. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, 6.


It was moved to set aside article 1st, section 10th, clause 2d, and substitute, —


“No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any

state on imports or exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.”


It was moved to strike out the words “and all such laws shall be subject to the revision and control of the Congress;” which passed in the negative.

It was moved and seconded to strike out “and all such laws shall be subject to the revision and control of Congress;” which passed in the negative.


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


The substitute was then agreed to.

It was moved and seconded to substitute, for 1st part of clause 2d, section 10th, article 1st, the words, —


“No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be indispensably necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any

state on imports or exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress;”


which passed in the affirmative.


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


It was moved, —


“That no state shall be restrained from laying duties on tonnage for the purpose of clearing harbors and erecting lighthouses.”


It was moved, —


“That no state shall lay any duty on tonnage without the consent of Congress;”


which last motion passed in the affirmative.


Yeas: New Hampshire, Massachusetts, New Jersey, Delaware, Maryland, South Carolina, 6. Nays: Pennsylvania, Virginia, North Carolina, Georgia, 4. Divided: Connecticut, 1.


The clause was then agreed to in the following form: —


“No state shall, without the consent of Congress, lay any duty on tonnage; keep troops or ships of war in time of peace; enter into any agreement or compact with another state or with a foreign power; or engage in war, unless actually

invaded, or in such imminent danger as will not admit of delay.”


Article 2d, section 1st, clause 6th. On motion to strike out the words “the period for choosing another President arrive,” and insert “a President shall be elected,” it passed in the affirmative.

It was moved to annex to clause 7th, section 1st, article 2d, —


“and he shall not receive, within that period, any other emolument from the United States, or any of them;”


which passed in the affirmative.

It was moved and seconded to annex to clause 7th, section 1st, article 2d, the words, —


“and he [the President] shall not receive, within that period, any other emolument from the United States, or any of them;


which passed in the affirmative.


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


Article 2d, section 2d. It was moved to insert “except in cases of treason;” which passed in the negative.

It was moved and seconded to insert the words “except in cases of treason,” article 2d, section 2d; which passed in the negative.


Yeas: Virginia, Georgia, 2. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, 8. Divided: Connecticut, 1.


Article 2d, section 2d, clause 2d. It was moved to add, —


“but the Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments;”


which passed in the affirmative.


[The following verbal amendments to the 2d and 3d articles of the revised draft were also adopted.]


Article 2d, section 1st, clause 1st. Strike out the words “in the following manner,” and insert in their stead the words “as follows.”

Section 1st, clause 2d. Transpose the words “shall be appointed an elector,” to the end of the clause; and instead of the word “nor” read “or.”

Section 1st, clause 3d. Strike out the words “and not per capita, ” and the words “by the representatives.”

Section 1st, clause 4th. Strike out the words “time in,” and insert the words “day on;” strike out “but the election shall be on the same day,” and insert “which day shall be the same.”

Section 1st, clause 7th. Instead of “receive a fixed compensation for his services,” read “receive for his services a compensation.”

In the oath to be taken by the President, strike out the word “judgment,” and insert “abilities.”

Section 2d, clause 1st. After the words “militia of the several states,” add the words “when called into the actual service of the United States.”

Section 2d, clause 2d. After the words “provided for,” add “and which shall be established by law.”

Article 3d, section 1st. Strike out the words “both in law and equity.”

Section 2d, clause 1st. Strike out the word “both.”

Article 3d, section 2d, clause 3d. It was moved to add the words “and a trial by jury shall be preserved, as usual, in civil cases;” which passed in the negative.

It was moved and seconded to annex, —


“but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.”


Article 2d, section 2d, clause 1st, passed in the negative.


Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, North Carolina, 5. Nays: Massachusetts, Delaware, Virginia, South Carolina, Georgia, 5. Divided: Maryland, 1.


Article 4th, section 2d, clause 2d. Instead of “and removed,” read “to be removed.”

Section 2d, clause 3d. For “of regulations subsisting,” read “of any law or regulation.”

Article 4th, section 2d, clause 3d. It was moved to strike out the word “legally,” and insert, after the word “state,” the words “under the laws thereof.”

Passed in the affirmative.

It was moved and seconded to strike out “legally,” c., article 4th, section 2d, clause 3d; which passed in the affirmative.


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


Article 4th, section 3d. It was moved to insert, after the words “or parts of states,” the words “or a state, and part of a state; which passed in the negative.

Article 4th, section 4th. After the word “executive,” insert “when the legislature cannot be convened.”

Article 5th. It was moved to amend the article so as to require a convention on application of two thirds of the states; which passed in the affirmative.

It was moved and seconded to amend article 5th, so as to require a convention on the application of two thirds of the states. Passed in the affirmative.


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


It was moved and seconded to insert in article 4th, section 3d, after the words “or parts of states,” the words “or a state and part of a state.” Passed in the negative.


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


It was moved and seconded to strike out, after “legislatures,” the words “of three fourths,” and so after the word “conventions,” article 5th — [leaving future conventions to proceed like the present.] Passed in the negative.


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


It was moved and seconded to strike out the words “of by conventions in three fourths thereof.” Passed in the negative.


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


It was moved and seconded to annex to the end of article 5th a proviso, —


“that no state shall, without its consent, be affected in its internal police, or deprived of its equal suffrage in the Senate.”


Passed in the negative.


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


It was moved and seconded to strike out article 5th. Passed in the negative.


Yeas: Connecticut, New Jersey, 2. Nays: New Hampshire, Massachusetts, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Divided: Delaware, 1.


It was moved to strike out of article 5th, after the word “legislatures,” the words “of three fourths,” and also, after the word “conventions,” so as to leave future conventions to act like the present Convention, according to

circumstances; which passed in the negative.

It was moved to strike out the words “or by conventions in three fourths thereof;” which passed in the negative.

It was moved to annex to the article a further proviso, —


“that no state shall, without its consent, be affected in its internal police, or deprived of its equal suffrage in the Senate.”


Passed in the negative.

It was moved to strike out the 5th article altogether; which passed in the negative.

It was moved to add a proviso,—


“that no state, without its consent, shall be deprived of its equal suffrage in the Senate;”


which passed in the affirmative.

It was moved, as a further proviso, —


“that no law, in nature of a navigation act, be passed, prior to the year 1808, without the consent of two thirds of each branch of the legislature;”


which passed in the negative.


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


It was moved, —


“that amendments to the plan might be offered by the conventions, which should be submitted to, and finally decided on, by another General Convention;”


which passed in the negative — all the states concurring.

It was moved and seconded, —


“that amendments to the plan might be offered by the state conventions, which should be submitted to, and finally decided on, by another General Convention.”


Passed unanimously in the negative.

The blanks in the 5th article of the revised draft were filled up; and it was otherwise amended to read as follows: —


“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for

proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths

thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year 1808 shall in any manner affect the 1st and 4th clauses in the 9th section of the

1st article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”


On the question to agree to the Constitution as amended, it passed in the affirmative — ALL THE STATES CONCURRING.


Ordered, That the Constitution be engrossed. The house adjourned.

Close of the General Convention.


MONDAY, September 17, 1787

The engrossed Constitution being read, it was moved that the Constitution be signed by the members in the following, as a convenient form: —


“Done in Convention, by the unanimous consent of the states present the 17th September, c. In witness whereof, we have hereunto subscribed our names.”


It was moved to reconsider the clause declaring that “the number of representatives shall not exceed one for every forty thousand,” in order to strike out “forty thousand,” and insert “thirty thousand;” which passed in the affirmative.

On the question to agree to the Constitution, enrolled in order to be signed, — all the states answered, “Ay.”

On the question to agree to the above form of signing, it passed in the affirmative.


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


It was moved that the Journal, and other papers of the Convention, be deposited with the president; which passed in the affirmative.


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


The president having asked what the Convention meant should be done with the Journal, it was resolved, nem. con., “That he retain the Journal and other papers, subject to the order of the Congress, if ever formed under this

Constitution.”

The members proceeded to sign the Constitution; and the Convention then dissolved itself by an adjournment sine die.

SUPPLEMENT TO THE JOURNAL OF THE FEDERAL CONVENTION.


The following extract, from the Journal of the Congress of the Confederation, exhibits the proceedings of that body on receiving the report of the Convention: —

UNITED STATES IN CONGRESS ASSEMBLED.


FRIDAY, September 28, 1787

.


Present: New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, and Georgia, and from Maryland Mr. Ross.


Congress, having received the report of the Convention lately assembled in Philadelphia, —


“ Resolved, unanimously, That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a Convention of delegates chosen in each state, by the people

thereof, in conformity to the resolves of the Convention made and provided in that case.”


The states having accordingly passed acts for severally calling conventions, and the Constitution being submitted to them, the ratifications thereof were transmitted to Congress as follows: —