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JOURNAL,
ACTS AND PROCEEDINGS,
THE CONVENTION,
ASSEMBLED AT PHILADELPHIA, MONDAY, MAY 14, AND DI8'
SOLVED MONDAY, SEPTEMBER 17, 1787,
WHICH FORMED
THE CONSTITUTION
UNITED STATES.
Publislicd under the direction of the President of the United States, conformably to a
Reiolutjon of Congress of Mareh 27, 1818.
BOSTON :
PRINTED AND PUBLISHED BY THOMAS B. WAIT.
1819.
/if/. M
RESOLUTION OF CONGRESS OF MARCH 27, 1818.
Resolution directing the Publication and Distribution of the Journal and
Proceedings of the Convention, which formed the present Constitution
of the United States.
K/ESOLVED, by the Senate and House of Representatives of
the United States of America in Congress assembled, That
the Journal of the Convention, which formed the present
Constitution of the United States, now remaining in the office
of the Secretary of State, and all Acts and Proceedings of that
Convention, which are in the possession of the government
of the United States, be published under the direction of the
President of the United States, together with the Secret Jour-
nals of the Acts and Proceedings, and the Foreign Correspon-
dence of the Congress of the United States, from the first
meeting thereof, down to the date of the ratification of the
definitive treaty of peace between Great Britain and the
United States, in the year seventeen hundred and eighty-three,
except such parts of the said foreign correspondence as the
President of the United States may deem it improper at this
time to publish : and that one thousand copies thereof be print-
ed, of which one copy shall be furnished to each member of
the present Congress, and the residue shall remain subject to
the future disposition of Congress.
ADVERTISEMENT.
X HE first volume of the late edition of the laws of the
United States, compiled under the direction of the late
Secretary of State and Attorney General, contains a
succinct historical review of the successive publick
measures, which led to the present organization of the
North American Union, from the assembling of the
Congress of the colonies on the 5th of September,
1774, to the adoption of the constitution of the United
States, and of the subsequent amendments to it, now
in force.
The following resolution of the old Congress, adopt-
ed on the 21st of February, 1787, contains the autho-
rity by which the convention, which formed the con-
stitution, was convoked :
" Whereas there is provision in the articles of
" confederation and perpetual union, for making al-
" terations therein, by the assent of a Congress of the
'' United States, and of the legislatures of the several
'* states ; and whereas experience hath evinced, that
'* there are defects in the present confederation, as a
'^ mean to remedy which, several of the states, and par-
" ticularly the state of New York, by express instruc-
** tions to their delegates in Congress, have suggested a
" convention for the purposes expressed in the follow-
€ ADVERTISEMENT.
** ing resolution ; and such convention appearing to be
" the most probable mean of establishing in these
" states a firm national government —
" Resolved, That in the opinion of Congress, it is
" expedient, that on the second Monday in May next,
" a convention of delegates, who shall have been ap-
** pointed by the several states, be held at Philadel-
" phia, for the sole and express purpose of revising the
" Articles of Confederation, and reporting to Congress
*' and the several legislatures, such alterations and
" provisions therein, as shall, when agreed to in Con-
" gress, and confirmed by the states, render the federal
" constitution adequate to the exigencies of govern-
'' ment, and the preservation of the union."
The day appointed by this resolution for the meet-
ing of the convention was the second Monday in May :
but the 25th of that month was the first day upon
which a sufficient number of members appeared to
constitute a representation of a majority of the stales.
They then elected George Washington their President,
and proceeded to business.
On the 29th of May, Mr. Edmund Randolph pre-
sented to the convention fifteen resolutions, and Mr.
C. Pinckney laid before them the draft of a federal
government, which were referred to a committee of the
whole ; which debated the resolutions, from day to
day, until the 13th of June, when the committee of the
whole reported to the convention a series of nineteen
resolutions, founded upon those which had been pro-
posed by Mr. Randolph,
On the 15th of June, Mr. Patterson submitted to the
convention his resolutions, which were referred to a
ADVERTISEMENT. 7
committee of the whole, to whom were also recommit-
ted the resolutions reported by them on the 13th.
On the 19th of June, the committee of the whole
reported, that they did not agree to Mr. Patterson's
propositions, but reported again the resolutions which
had been reported before.
The convention never afterwards went into com-
mittee of the whole ; but from the 19th of June till the
23d of July were employed in debating the nineteen
resolutions reported by the committee of the whole
on the 13th of June ; some of which were occasionally
referred to grand committees, of one member from
each state, or to select committees of five members.
After passing upon the nineteen resolutions, it was
on the 23d of July resolved, " That the proceedings
'* of the convention for the establishment of a national
" government, except what respects the supreme
^' Executive, be referred to a committee for the pur-
" pose of reporting a constitution conformably to the
" proceedings aforesaid."
This committee, consisting of five members, and
called in the journal " the committee of detail," was
appointed on the 24th of July, and with the proceed-
ings of the convention, the propositions submitted to
the convention, by Mr. Charles Pinckney, on the 29th
of May, and by Mr. Patterson on the 15th of June,
were referred to them.
On the 26th of July, a resolution respecting the
Executive and two others, offered for the consideration
of the convention, were referred to the committee of
detail ; and the convention adjourned till Monday, the
6th of August, when the committee reported a consti-
$ ADVERTISEMENT.
tution for the establishment of a national government.
This draft formed the general text of debate, from that
time till the 8th of September ; many additional reso-
lutions, being in the course of the deliberations, pro-
posed, and referred to and reported upon by the same
committee of detail, or other committees of eleven, (a
member from each state) or of five.
On the 8th of September a committee of five was
appointed " to revise the style of and arrange the ar-
'* tides agreed to by the house."
On the 12th of September, this committee reported
the constitution as revised and arranged, and the draft
of a letter to Congress. It was ordered that printed
copies of the reported constitution should be furnished
to the members, and they were brought in the next
day.
On the seventeenth day of September, 1787, the
convention dissolved itself, by an adjournment without
day, after transmitting the plan of constitution which
they had prepared to Congress, to be laid before con-
ventions, delegated by the people of the several states,
for their assent and ratification.
The last act of the convention, was a resolution that
their journal and other papers should be deposited
with their president, to be retained by him subject to
the order of the Congress, if ever formed under the
constitution.
On the 19th of March, 1796, President Washington
deposited in the Department of State three manu-
script volumes; one containing in 153 pages, the
journal of the federal convention of 1787; one the
journal of the proceedings of the same convention.
ADVERTISEMENT. 9
while in committee of the whole, in 28 pages ; and
one, three pages of lists of yeas and nays, on various
questions debated in the convention ; and after an in-
terval of eight blank pages, five other pages of like
yeas and nays. There were also two loose sheets,
and one half sheet of similar yeas and nays; a printed
draft of the constitution as reported on the 6th of
August, 1787, with erasures and written interlineations
of amendments afterwards adopted ; two sheets con-
taining copies of the series of resolutions offered to
the convention by Mr. Edmund Randolph, in different
stages of amendment, as reported by the committee
of the whole ; and seven other papers of no impor-
tance in relation to the proceedings of the conven-
tion.
The volume containing the journal of the convention
was in an incomplete state. The journal of Friday,
September 14, and a commencement of that of Satur-
day, September 15, filled three fourths of the 153d
page ; then terminated abruptly, and were, with the
exception of five lines, crossed out with a pen. Pre-
sident Madison, to whom application for that purpose
was made, has furnished, from his own niinutes, the
means of completing the journal, as now published.
The yeas and nays were not inserted in the jour-
nals, but were entered partly in a separate volume,
and partly on loose sheets of paper. They were
taken, not individually, but by slates. Instead of
publishing them, as they appear in the manuscript,
they are now given immediately after each question
upon which they were taken.
2
H^
10 ADVERTISEMENT.
General -BTBloomfield, executor of David Brearley,
one of the members of the convention, transmitted to
the Department of State several additional papers,
which are included in this publication.
The paper, purporting to be Col. Hamilton's plan
of a constitution, is not noticed in the journals. It
was not offered by him for discussion, but was read by
him, as part of a speech, observing that he did not
mean it as a proposition, but only to give a more cor-
rect view of his ideas.
The return of the members in the several states,
appears to have been an estimate used for the pur-
pose of apportioning the number of members to be
admitted from each of the states to the house of
representatives.
In order to follow with clear understanding, the
course of proceedings of the convention, particular
attention is required to the following papers, which,
except the third, successively formed the general text
of their debates.
!• May 29, 1787. The fifteen resolutions offered
by Mr. Edmund Randolph to the convention,
and by them referred to a committee of the
whole.
2. June 13. Nineteen resolutions reported by this
committee of the whole, on the 13th, and again
on the 19th of June, to the convention.
3. July 26. Twenty-three resolutions, adopted and
elaborated by the convention, in debate upon
the above nineteen reported from the commit-
tee of the whole; and on the 23d and 26th of
July, referred, together with the plan of Mr.
ADVERTISEMENT. 11
C. Pinckney, and the propositl'ans of Mr.
Patterson, to a committee of five, to report a
draft of a constitution.
4. August 6. The draft of a plan of constitution
reported by this committee to the convention ;
and debated from that time till the 12th of
September.
5. September 13. Plan of constitution, brought in
by a committee of revision, appointed on the
8th of September, consisting of five members,
to revise the style and arrange the articles,
agreed to by the convention.
The second and fourth of these papers, are among
those deposited by President Washington, at the
Department of State.
The first, fourth and fifth, are among those trans-
mitted by general Bloomfield.
The third is collected from the proceedings of the
convention, as they are spread over the journal from
June 19th to July 26th.
This paper, together with the plan of Mr. C. Pinck-
ney, a copy of which has been furnished by him, and
the propositions of Mr. Patterson, included among
the papers forwarded by general Bloomfield, com-
prise the materials, upon which the first draft was
made of the constitution, as reported by the committee
of detail, on the 6th of August.
To the Journal, Acts and Proceedings of the Con-
vention, are added in this publication, the subsequent
proceedings of the Congress of the confederation, upon
the constitution, reported as the result of their labours ;
and the acts of ratification by the conventions of the
12 ADVERTISEMENT.
several states of the union, by virtue of which it be-
came the supreme law of the land ; and also the
amendments to it, which have been since adopted and
form a part of the constitution. It was thought that
this supplement would be, if not essential, at least
well adapted to carry into full effect the intentions of
Congress in directing the publication ; by presenting
at one view the rise, progress, and present condition
of the Constitution of the United States.
Department of State, October, 1819.
LIST OF THE MEMBERS
OF THE FEDERAL CONVENTION WHICH FORMED THE CONSTI-
TUTION OF THE UNITED STATES.
From
New Hampshire.
Massachusetts.
Attended,
July 23, 1787,
Rhode Island.
Connecticut.
New York.
New Jersey.
July 23,
May 29,
May 28,
May 25,
May 28,
1. John Langdon,
John Pickering,
2. Nicholas Gilman,
Benjamin West.
Francis Dana,
Elbridge Gerry,
3. Nathaniel Gorham,
4. Rufus King,
Caleb Strong,
[No appointment.]
6. Wm. Sam. Johnson, June 2,
6. Roger Sherman, May 30,
Oliver Elsworth, May 29,
Robert Yates, May 25,
7. Alexander Hamilton, do.
John Lansing, June 2,
8. William Livingston, June 6,
9. David Brearley, May 25,
William C. Houston, do.
10. William Patterson, do.
John Neilson,
Abraham Clark.
11. Jonathan Dayton, June Slj
I
14
LIST OF THE MEMBERS.
From
Attended.
Pennsylvania.
12. Benjamin Franklin, May 28, 1787.
13. Thomas Mifflin, do.
14. Robert Morris, May 25,
16. George Clymer, Blay 28,
16. Thomas Fitzsimons, May 25,
17. Jared Ingersoll, May 28,
18. James Wilson, May 25,
19. Gouverneur Morris, do.
Delaware.
20. George Read, do.
21. Gunning Bedford, jr. May 28,
22. John Dickinson, do.
23. Richard Basset, May 26,
24. Jacob Broom, do.
Maryland.
25. James M-Henry, May 29,
26. Daniel of St. Thomas
Jenifer, June 2,
27. Daniel Carroll, July 9,
John Francis Mercer, Aug. 6,
Luther Martin, June 9,
Virginia.
28. George Washington, May 25,
Patrick Henry, (declined.)
Edmund Randolph, May 25,
29. John Blair, do.
30. James Madison, jr. do.
George Mason, dor
George Wythe, do.
James M'Clurg, (in the
room of P. Henry) do.
North Carolina.
Richard Caswell, (resigned.)
Alexander Martin, May 25,
William R. Davie, do.
31. William Blount, (in the
" room of R. Caswell) June 20,
LIST OF THE MEMBERS.
15
From
North Carolina.
South Carolina.
Georgia.
Attended.
Willie JoneSf (declined.) 1787.
,32. Richard D. Spaight, May 25,
33. Hugh Williamson, (in the
room of W. Jones) May 25,
34. John Rutledge, do.
35. Charles C. Pinckney, do.
36. Charles Pinckney, do.
37. Pierce Butler, do.
38. William Few, do.
39. Abraham Baldwin, June 11,
William Pierce, May 31,
George Walton.
William Houstoun, June 1,
Nathaniel Pendleton.
Those with numbers before their names, signed the Con-
stitution, 39
Those in Italicks, never attended, 10
Members who attended, but did not sign the Constitution, 16
65
CREDENTIALS
OF THE MEMBERS OF THE FEDERAL CONVENTION.
STATE OF NEW HAMPSHIRE.
In the year of our Lord, 1787.
An Act for appointing Deputies from this State to the
Convention, proposed to be holden in the City of
Philadelphia, in May^ 1787, for the purpose of re-
vising the Federal Constitution.
Whereas in the formation of the federal compactj
which frames the bond of union of the American states,
it was not possible in the infant state of our republick
to devise a system which, in the course of time and ex-
perience, would not manifest imperfections, that it would
be necessary to reform.
And whereas the limited powers, which by the arti-
cles of confederation, are vested in the Congress of the
United States, have been found far inadequate to the
enlarged purposes which they were intended to pro-
duce. And whereas^ Congress hath, by repeated and
most urgent representations, endeavoured to awaken
this, and other states of the union, to a sense of the
truly critical and alarming situation in which they may
inevitably be involved, unless timely measures be taken
3
18 CREDENTIALS OF
to enlarge the powers of Congress, that they may be
thereby enabled to avert the dangers which threaten
our existence as a free and independent people. And
whereas this state hath been ever desirous to act upon
the liberal system of the general good of the United
States, without circumscribing its views to the narrow
and selfish objects of partial convenience ; and has
been at all times ready to make every concession to
the safety and happiness of the whole, which justice and
sound policy could vindicate.
Be it therefore enacted, by the senate and house of
representatives, in general court convened, that John
Langdon, John Pickering, Nicholas Gilman, and Ben-
jamin West, Esquires, be, and hereby are appointed
commissioners ; they, or any two of them, are hereby
authorized and empowered, as deputies from this state,
to meet at Philadelphia said convention, or any other
place to which the convention may be adjourned, for
the purposes aforesaid, there to confer with such depu-
ties as are, or may be appointed by the other states for
similar purposes, and with them to discuss and decide
upon the most effectual means to remedy the defects of
our federal union, and to procure, and secure the en-
larged purposes which it was intended to effect, and to
report sueh an aot, to the United States in Congress,
as when agreed to by them, and duly confirmed by the
several states, will effectually provide for the same.
State of New Hampshire.
In the House of Representatives, June 27, 1787,
The foregoing bill having been read a third time :
Voted that it pass to be enacted.
Sent up for concurrence.
JOHN SPARHAWK, Speaker,
THE MEMBERS. 19
In Senate, the same day. This bill having been read
a third time : Voted that the same be enacted.
JOHN SULLIVAN, President.-
Copy examined, fr s 1
Per Joseph Pearson, Sec'ry.
COMMONWEALTH OF MASSACHUSETTS.
By His Excellency James Bowdoin, Esq. Governour of the
l-^'^'-' Commonwealth of Massachusetts.
To the Honourable Francis Dana, Elbridge Gerry,
Nathaniel Gorham, Rufus King, and Caleb
Strong, Esquires, greeting.
Whereas Congress did, on the 21st day of Februa-
ry, A. D. 1787, resolve, " That in the opinion of Con-
" gress it is expedient that on the second Monday in
'* May next, a convention of delegates, who shall have
** been appointed by the several states, be held at
" Philadelphia, for the sole and express purpose of
" revising the articles of confederation, and reporting
" to Congress and the several legislatures, such altera-
" tions and provisions therein, as shall, when agreed to
" in Congress, and confirmed by the states, render the
" federal constitution adequate to the exigencies of go-
" vernment and the preservation of the union." And
whereas the general court have constituted and ap-
pointed you their delegates, to attend and represent
this commonwealth in the said proposed convention,
and have, by a resolution of theirs of the 10th of
WHO!
W CREDENTIALS OP
March last, requested me to commission you for that
purpose.
Now therefore know ye, that in pursuance of the re-
iolutions aforesaid, I do, by these presents, commission
you the said Francis Dana, Elbridge Gerry, Nathaniel
Gorhara, Rufus King and Caleb Strong, Esquires, or
any three of you, to meet such delegates as may be
appointed by the other or any of the other states in the
union, to meet in convention at Philadelphia, at the
time and for the purposes aforesaid.
In testimony whereof, f have caused the publick
seal of the commonwealth aforesaid to be hereunto
affixed.
Given at the council chamber, in Boston, the ninth
day of April, A. D. 1787, and in the 11th year
of the independence of the United States of Ame-
rica.
''\. JAMES BOWDOIN.
By His Excellency's command.
John Avery, Jun. Sec'ry.
STATE OF CONNECTICUT.
At a General Assemblj of the State of Connecticut, in America,
[i,.s.] holden at Hartford, on the second Thursday of May, A. D
1787.
An Act for appointing Delegates to meet in a Conven.
tionofthe States, to be held at the City of Phila-
delphia, on the second Monday of May instant.
Whereas the Congress of the United States, by
•hciractof the 21st of February, 1787, have recom-
THE MEMBERS. n
mended, that on the second Monday of May inst. a con^
vention of delegates, who shall have been appointed
by the several states, be held at Philadelphia, for
the sole and express purpose of revising the articles of
confederation.
Be it enacted by the governour, council and repre-
sentatives, in general court assembled, and by the au-
thority of the same.
That the honourable William Samuel Johnson, Ro-
ger Sherman and Oliver Elsvyorth, Esquires, be, and
they hereby are appointed delegates to attend the said
convention, and are requested to proceed to the city of
Philadelphia, for that purpose, without delay ; and the
said delegates, and in case of sickness or accident,
such one or more of them as shall actually attend the
said convention, is, and are hereby authorized and
empowered to represent this state therein, and to con-
fer with such delegates appointed by the several states,
for the purposes mentioned in the said act of Congress,
that may be present and duly empowered to act in said
convention, and to discuss upon such alterations and
provisions, agreeable to the general principles of re-
publican government, as they shall think proper to
render the federal constitution adequate to the exigen-
cies of government and the preservation of the union ;
and they are further directed, pursuant to the said act
of Congress, to report such alterations and provisions
as may be agreed to by a majority of the United States
represented in convention, to the Congress of the Unit-
ed States, and to the general assembly of this state.
A true copy of record.
Examined,
By GEORGE WYLLYS, SecV^.
22 CREDENTIALS OF
STATE OF NEW YORK.
By His Excellency George Clinton, Governour of the State
[l.s.] of New York, General and Comnaander in Chief of all Hit
Militia, and Admiral of the Navy of the same :
To all to whom these presents shall come.
It is by these presents certified, that John M'Kes-
son, who has subscribed the annexed copies of resolu-
tions, is clerk of the assembly of this state.
In testimony whereof, I have caused the privy seal
of the said state to be hereunto affixed, this
ninth day of May, in the eleventh year of the inde-
pendence of the said state.
GEO. CLINTON.
9»
STATE OF NEW YORK.
In Assembly, February 28, 1787.
A copy of a resolution of the honourable the senate,
delivered by Mr. Williams, was read, and is in the
words following, viz.
Resolved, If the honourable the assembly concur
therein, that three delegates be appointed, on the part
of this state, to meet such delegates as may be appoint-
ed, on the part of the other states, respectively, on the
second Monday in May next, at Philadelphia, for the
sole and express purpose of revising the articles of
confederation, and reporting to Congress, and to the
«everal legislatures, such alterations and provisions
therein, as shall, when agreed to in Congress, and con-
THE MEMBERS. 23
tirmed by the several states, render the federal consti-
tution adequate to the exigencies of government, and
the preservation of the union ; and that in case of such
concurrence, the two houses of the legislature will, on
Tuesday next, proceed to nominate and appoint the
said delegates, in like manner as is directed by the
constitution of this state, for nominating and appointing
delegates to Congress.
Resolved, That this house do concur with the honour-
able the senate in the said resolution.
In Assembly, March 6, 1787.
Resolved, That the honourable Robert Yates, Esq.
and Alexander Hamilton and John Lansing, jun. Esqrs.
be, and they are hereby nominated by this house, dele-
gates oh the part of this state, to meet such delegates
as may be appointed, on the part of the other states,
respectively, on the second Monday in May next, at
Philadelphia, pursuant to concurrent resolutions of
both houses of the legislature, on the 28th ultimo.
Resolved, That this house will meet the honourable
the senate, immediately, at such place as they shall ap-
point, to compare the lists of persons nominated by
the senate and assembly, respectively, as delegates on
the part of this state, to meet such delegates as may be
appointed on the part of the other states, respectively,
on the second Monday in May next, at Philadelphia,
pursuant to concurrent resolutions of both houses of
the legislature, on the 28th ultimo.
Ordered, That Mr. N. Smith deliver a copy of the
last preceding resolution to the honourable the senate.
A copy of a resolution of the honourable the senate
«l CREDENTIALS OF
was delivered by Mr. Vanderbilt, that the senate will
immediately meet this house in the assembly chamber,
to compare the lists of persons nominated by the senate
and assembly, respectively, as delegates, pursuant to
the resolutions before mentioned.
The honourable the senate accordingly attended in
the assembly chamber, to compare the lists of persons
nominated for delegates, as above mentioned.
The list of persons nominated by the honourable the
senate, were the honourable Robert Yates, Esq. and
John Lansing, jun. and Alexander Hamilton, Esqrs.
and on comparing the lists of the persons nominated
by the senate and assembly respectively, it appeared
that the same persons were nominated in both lists ;
thereupon Resolved, that the honourable Robert
Yates, John Lansing, jun. and Alexander Hamilton.
Esqrs. be, and they are hereby declared duly nomi-
nated and appointed delegates, on the part of this
state, to meet such delegates as may be appointed on
the part of the other states respectively, on the second
Monday in May next, at Philadelphia- ^or the sole and
express purpose of revising the articles of confedera-
tion, and reporting to Congress, and to the several le-
gislatures, such alterations and provisions therein, as
shall, when agreed to in Congress, and confirmed by
the several states, render the federal constitution ade-
quate to the exigencies of government, and the preser-
vation of the union.
True extracts from the journals of the assembly*
JOHN MCKESSON, Clerk,
THE MEMBERS. ^
THE STATE OF NEW JERSEY.
To the Hon. David Brearly, William Churchill
Houston, William Patterson and John Neilson,
Esqrs. Greeting.
The council and assembly reposing especial trust
and confidence in your integrity, prudence and ability,
have, at a joint meeting, appointed you the said Da-
vid Brearly, William Churchill Houston, William Pat-
terson and John Neilson, Esqrs. or any three of you,
commissioners, to meet such commissioners, as have
been or may be appointed by the other states in the
union, at the city of Philadelphia, in the commonwealth
of Pennsylvania, on the second Monday in May next,
for the purpose of taking into consideration the state
of the union, as to trade and other important objects,
and of devising such other provisions as shall appear
to be necessary to render the constitution of the fede-
ral government adequate to the exigencies thereof.
In testimony whereof the great seal of the state is
hereunto affixed. Witness, William Livingston,
Esq. governour, captain-general and commander
in chief in and over the state of New Jersey, and
territories thereunto belonging, chancellor and or-
dinary in the same, at Trenlon, the 23d day of
November, in the year of our Lord 1786, and of
oi^r sovereignty and independence the eleventh*
WILLIAM LIVINGSTON.
By His Excellency's command^
Bowes Reed, SecVy.
4
26 CREDENTIALS OF
THE STATE OF NEW JERSEY.
To His Excellency William Livingston, and
[l.s.] the Honourable Abraham Clark, Esquires,
Greeting.
The council and assembly reposing especial trust
and confidence in your integrity, prudence and ability,
have, at a joint meeting, appointed you the said Wil-
liam Livingston and Abraham Clark, Esqrs. in con-
junction with the honourable David Brearly, Wilham
Churchill Houston and William Patterson, Esqrs. or
any three of you, commissioners, to meet such commis-
sioners as have been appointed by the other states in
the union, at the city of Philadelphia, in the common-
wealth of Pennsylvania, on the second Monday of this
present month, for the purpose of taking into conside-
ration the state of the union, as to trade and other im-
portant objects, and of devising such other provisions
as shall appear to be necessary, to render the consti-
tution of the federal government adequate to the exi-
gencies thereof.
In testimony whereof the great seal of the state is
hereunto affixed. Witness, William Livingston,
Esq. governour, captain-general and commander
in chief in and over the state of New Jersey, and
territories thereunto belonging, chancellor and or-
dinary in the same, at Burlington, the 18th day of
May, in the year of our Lord 1787, and of our
sovereignty and independence the eleventh.
WIL. LIVINGSTON.
By His Excellency's command,
Bowes Reed, Sec'ry.
THE MEMBERS. S^
STATE OF NEW JERSEY.
To the Honourable Jonathan Dayton, Esq.
The council and assembly, reposing especial trust
and confidence in your integrity, prudence and abili-
ty, have, at a joint meeting, appointed you the said
Jonathan Dayton, Esq. in conjunction with his excel-
lency William Livingston, the honourable David
Brearly, William Churchill Houston, William Patter-
son and Abraham Clark, Esqrs. or any three of you,
commissioners, to meet such commissioners as have
been appointed by the other states in the union, at the
city of Philadelphia, in the commonwealth of Penn-
sylvania, for the purpose of taking into consideration
the state of the union, as to trade and other important
objects, and of devising such other provisions as shall
appear to be necessary to render the constitution of
the federal government adequate to the exigencies
thereof.
In testimony whereof the great seal of the state is
hereunto affixed. Witness, Robert Lettice Hoop-
er, Esq. vice-president, captain-general and com-
mander in chief in and over the state of New Jer-
sey, and territories thereunto belonging, chancel-
lor and ordinary in the same, at Burlington, the
fifth day of June, in the year of our Lord 1 787, and
of our sovereignty and independence the eleventh.
ROBERT L. HOOPER.
By His Honour's command,
Bowes Reed, Sec'ry,
28 CREDENTIALS OF
COMMONWEALTH OF JPENNSYLVANIA.
An Act appointing Deputies to the Convention intend-
ed to be held in the City of Philadelphia, for the
purpose of revising the Federal Constitution.
Sec. 1. Whereas the general assembly of this com-
monwealth, taking into their serious consideration the
representations heretofore made to the legislatures of
the several states in the union, by the United States in
Congress assembled, and also weighing the difficulties
under which the confederated states now labour, are
fully convinced of the necessity of revising the federal
constitution, for the purpose of making such alterations
and amendments as the exigencies of our publick af-
fairs require. And whereas the legislature of the
state of Virginia have already passed an act of that
commonwealth, empowering certain commissioners to
meet at the city of Philadelphia, in May next,, a con-
vention of commissioners or deputies from the different
states ; and the legislature of this state are fully sensi-
ble of the important advantages which may be derived
to the United States, and every of them, from co-ope-
rating with the commonwealth of Virginia, and the
other states of the confederation, in the said design.
Sec. 2. Be it enacted, and it is hereby enacted by
the representatives of the freemen of the common-
wealth of Pennsylvania in general assembly met, and
by the authority of the same. That Thomas Mifflin,
Robert Morris, George Clymer, Jared Ingersoll, Tho-
mas Fitzsimons, James Wilson and Gouverneur Morris,
Esqrs. are hereby appointed deputies from this state,
THE MlMSERS» 29
to meet in the cbtivenlion of the deputies of th6 respec-
tive states of North America, to be held at thfe city of
Philadelphia, on the 2d day of the month of May next ;
and the said Thomas Mifflin, Robert Morris, George
Clymer, Jared IngersoU, Thomas Fitzsimons, James
Wilson and Gouverneur Morris, Esqrs. or any four of
them, are hereby constituted and appointed deputies
from this statej with powers to meet such deputies as
may be appointed and authorized by the other states,
to assemble in the said convention, at the city afore-
said, and to join with theni in devising, deliberating on
and discussing all such alterations, and further provi-
sions, as may be necessary to render the federal con-
stitution fully adequate to the exigencies of the union,
and in reporting such act or acts, for that purpose, to
the United States in Congress assembled, as when
agreed to by them, and duly confirmed by the several
states, will efFectuaHy provide for the same.
Sec. 3. And be it further enacted by the authority
aforesaid. That in case any of the said deputies here-
by nominated, shall happen to die, or to resign his or
their said appointment or appointments, the supreme
executive council shall be, and hei'eby are empowered
and required, to nominate and appoint other person or
persons in lieu of him or them so deceased, or who
has or have so resigned, which person or persons,
from atid after such nomination and appointment, shall
be, and hereby are declared to be vested with the same
powers respectively, as any of the deputies nominated
and appointed by this act, is vested with by the same :
Provided always, that the council are not hereby au-
thorized, nor shall thev make anv such nomination or
30 CREDENTIALS OF
appointment, except in vacation and during the recess
of the general assembly of this state.
Signed by order of the House.
[L.S.] THOMAS MIFFLIN, Speaker.
Enacted into a law at Philadelphia, on Saturday,
December 30th, in the year of our Lord 1786.
PETER ZACHARY LLOYD,
Clerk of the General Assembly.
I Matthew Irwine, Esq. master of the rolls for the
state of Pennsylvania, do certify the preceding writing
to be a true copy (or exemplification) of a certain act
of assembly lodged in my office.
In witness whereof, I have hereunto set my
[l.s.] hand and seal of office, the 15th May, A. D.
1787.
MATTHEW IRWINE, M. R.
-A supplement to the act entitled "An act appointing de-
" puties to the convention intended to be held in the
" city of Philadelphia, for the purpose of revising
" the federal constitution."
Sec. 1st. Whereas by the act to which this act is
a supplement, certain persons were appointed as de-
puties from this state to sit in the said convention.
And whereas it is the desire of the general assembly,
that his excellency Benjamin Franklin, Esq. president
of this state, should also sit in the said convention, as
a deputy from this state ; therefore,
Sec 2d. Be it enacted, and it is hereby enacted by
the representatives of the freemen of the common-
THE MEMBERS. 31
wealth of Pennsylvania, in general assembly met, and
by the authority of the same, that his excellency Ben-
jamin Franklin, Esq. be, and he is hereby appointed
and authorized to sit in the said convention as a deputy
from this state, in addition to the persons heretofore
appointed ; and that he be, and he hereby is invested
with like powers and authorities as are invested in the
said deputies or any of them.
Signed by order of the House,
THOMAS MIFFLIN, Speaker.
Enacted into a law at Philadelphia, on Wednesday
the 28th day of March, in the year of our Lord 1787.
PETER ZACHARY LLOYD,
Clerk of the General Assembly.
I Matthew Irwine, Esq. master of the rolls for the
state of Pennsylvania, do certify the above to be a
true copy (or exemplification) of a supplement to a
certain act of assembly, which supplement is lodged
in my office.
In witness whereof, I have hereunto set my
[l.s.] hand and seal of office, the 15th May, A. D.
1787.
MATTHEW IRWINE, M. Rs
3« <JREOENTIAJUa OF
DEI. A ware;.
Hw Excellency Thomas Gqi-lins, Esq. President, Capt^in-geqei'al £tfid
Copoim^nder in Chief of the Delaware State : To ^^ to wl^om
[l,^.] these Presents shall corne, Greeting : Know ye, that among
the Laws of the said State, passed by the General Assembly of
the same, on the 3d day of February, in the year of our Lord
1787, it is thus enrolled :
In the eleventh y^ay of the independence of the Delaware State :
An Act appointing Deputies from this State to the
Convention proposed to be held in the City of Phi-
ladelphia, for the purpose of revising the Federal
Constitution.
Wjf E;iieAS the geneRl assembly of this state are fully
convinced of the necessity of revising the federal con-
stitution, and adding thereto such further provisions,
as may render the same more adequate to the exigen-
cies of the union : And whereas the legislature of Vir-
ginia have already passed an act of that commonwealth,
appointing and authorizing certain commissioners to
meet at the city of Philadelphia, in May next, a con-
vention of commissioners or deputies from the different
states : And this state being willing and desirous of
co-operating with the commonwealth of Virginia, and
the other states in the confederation, in so useful a
design.
Be it therefore enacted by the general assembly of
Delaware, That George Read, Gunning Bedford,
John Dickinson, Richard Basset and Jacob Broom,
Esqrs. are hereby appointed deputies from this state to
meet in the convention of the deputies of other states.
THE MEMBERS. 33
to be held at the city of Philadelphia, on the 2d day
of May next : And the said George Read, Gunning
Bedford, John Dickinson, Richard Basset and Jacob
Broom, Esqrs. or any three of them, are hereby con-
stituted and appointed deputies from this state, with
powers to meet such deputies as may be appointed
and authorized by the other states to assemble in the
said convention at the city aforesaid, and to join with
them in devising, deliberating on, and discussing such
alterations and further provisions as may be necessary
to render the federal constitution adequate to the exi-
gencies of the union ; and in reporting such act or acts
for that purpose to the United States in Congress as-
sembled, as when agreed to by them, and duly con-
firmed by the several states, may effectually provide
for the same. So always and provided, that such al-
terations or further provisions, or any of them, do not
extend to that part of the 5th article of the confedera-
tion of the said states, finally ratified on the first day
of March, in the year 1781, which declares that, " In
" determining questions in the United States in Con-
•'' gress assembled, each state shall have one vote."
And be it enacted. That in case any of the said de-
puties hereby nominated, shall happen to die, or to
resign his or their appointment, the president or com-
mander in chief, with the advice of the privy council,
in the recess of the general assembly, is hereby autho*
rized to supply such vacancies.
Signed by order of the House of Assembly.
JOHN COOK, Speaker.
Signed by order of the Council.
GEO. CRAGHED, Speaker:
Passed at Dover, February 3, 1707.
5
b'4 CREDENTIALS OF
All and singular which premises by the tenour of
these presents, I have caused to be exemplified. In
testimony whereof, I have hereunto subscribed my
name, and caused the great seal of the said state to be
affixed to these presents, at New Castle, the 2d day of
April, in the year of our Lord 1787, and in the 11th
year of the independence of the United States of
America.
THOMAS COLLINS.
Attest.
James Booth, Sec'ry.
STATE OF MARYLAND.
An Act for the appointment of, and conferring powers
in Deputies from this State to the Federal Con-
vention.
Be it enacted by the general assembly of Maryland,
That the honourable James M'Henry, Daniel of Saint
Thomas Jenifer, Daniel Carroll, John Francis Mercer,
and Luther Martin, Esqrs. be appointed and authorized
on behalf of this state, to meet such deputies as may be
appointed and authorized by any other of the United
States, to assemble in convention at Philadelphia, for
the purpose of revising the federal system, and to join
with them in considering such alterations and further
provisions as may be necessary to render the federal
constitution adequate to the exigencies of the union;
and in reporting such an act for that purpose, to the
THE MEMBERS. ?5
Tlnited States in Congress assembled, as when agreed
to by them, and duly confirmed by the several states,
will effectually provide for the same ; and the said
deputies, or such of them as shall attend the said con-
vention, shall have full power to represent this state
for the purposes aforesaid ; and the said deputies are
hereby directed to report the proceedings of the Siaid
convention, and any act agreed to therein, to the next
session of the general assembly of this state.
By the House of Delegates, May 26, 1787.
Read and assented to.
By order,
WM. HARWOOD, ClerJc.
True copy from the original.
WM. HARWOOD, Clerk H. D.
By the Senate, May 26, 1787.
Read and assented to.
By order,
J. DORSEY, Clerk.
True copy from the original.
J, DORSEY, Clerk Senate.
W. SMALLWOOD.
3^ CREDENTIALS OF
COMMONWEALTH OF VIRGINIA.
General Assembly begun and held at the Publick Buildings in the City
of Richjnond, on Monday the 16th day of October, in the year of
our Lord 1786.
An Act for appointing Deputies from this Common-
wealth to a Convention proposed to be held in the
City of Philadelphia, in May next, for the purpose
of revising the Federal Constitution.
Whereas the commissioners who assembled at An-
napolis, on the 14th day of September last, for the pur-
pose of devising and reporting the means of enabling
Congress to provide effectually for the commercial in-
terests of the United States, have represented the ne-
cessity of extending the revision of the federal system
to all its defects, and have recommended that deputies
for that purpose be appointed by the several legisla-
tures, to meet in convention, in the city of Philadel-
phia, on the 2d day of May next, a provision which
was preferable to a discussion of the subject in Con-
gress, where it might be too much interrupted by the
ordinary business before them, and where it would be-
sides be deprived of the valuable counsels of sundry
individuals who are disqualified by the constitution or
laws of particular states, or restrained by peculiar cir-
cumstances from a seat in that assembly : And whereas
the general assembly of this commonwealth taking into
view the actual situation of the confederacy, as well as
reflecting on the alarming representations made, from
time to time, by the United States in Congress, parti-
cularly in their act of the 15th day of February last,
THE MEMBERS'. 57
can no longer doubt that the crisis is arrived at which
the good people of America are to decide the Solemn
question, whether they will by wise and magnanimous
efforts, reap the just fruits of that independence which
they have so gloriously acquired, and of that union
which they have cemented with so much of their com-
mon blood, or whether by giving way to unmanly jea-
lousies and prejudices, or to partial and transitory in-
terests, they will renounce the auspicious blessings
prepared for them by the revolution, and furnish to its
enemies an eventual triumph over those by whose vir-
tue and valour it has been accomplished ; And where-
as the same noble and extended policy, and the same
fraternal and affectionate sentiments which originally
determined the citizens of this commonwealth to unite
with their brethren of the other states in establishing a
federal government, cannot but be felt with equal force
now as motives to lay aside every inferior conside-
ration, and to concur in such farther concessions and
provisions as may be necessary to secure the great ob-
jects for which that government was instituted, and to
render the United States as happy in peace as they
have been glorious in war»
Be it therefore enacted by the general assembly of
the commonwealth of Virginia, That seven commis-
sioners be appointed by joint ballot of both houses of
assembly, who, or any three of them, are hereby au-
thorized as deputies from this commonweahh, to meet
such deputies as may be appointed and authorized by
other states, to assemble in convention at Philadel-
phia as above recommended, and to join with them in
devising and discussing all such alterations and farther
provisions as may be necessary to render the federal
28 CREDENTIALS OF
constitution adequate to the exigencies of the union;
and in reporting such an act for that purpose to the
United States in Congress, as when agreed to by them,
and duly confirmed by the several states, will effectual-
ly provide for the same.
And be it further enacted, That in case of the death
of any of the said deputies, or of their declining their
appointments, the executive are hereby authorized to
supply such vacancies. And the governour is request-
ed to transmit forthwith a copy of this act to the United
States in Congress, and to the executives of each of
the states in the union.
(Signed)
JOHN JONES, Speaker of the Senate.
JOSEPH PRENTIS, Speaker of the
House of Delegates.
A true copy from the enrolment.
John Beckley, Clerk H. D.
IN THE HOUSE OF DELEGATE^.
Monday, the 4th of December, 1786.
The house, according to the order of the day, pra-
ceeded, by joint ballot with the senate, to the appoint-
ment of seven deputies, from this commonwealth, to a
convention proposed to be held in the city of Philadel-
phia, in May next, for the purpose of revising the fede-
ral constitution ; and the members having prepared
tickets with the names of the persons to be appointed,
and deposited the same in the ballot-boxes, Mr. Cor-
bin, Mr. Matthews, Mr. David Stuart, Mr. George
Nicholas, Mr. Richard Lee, Mr. Wills, Mr. Thomars
THE MEMBERS. ^
Smith, Mr. Goodall and Mr. Turberville, were nominat-
ed a committee to meet a committee from the senate,
in the conference chamber, and jointly with them to
examine the ballot-boxes, and report to the house on
whom the majority of the votes should fall. The com-
mittee then withdrew, and after some time returned in-
to the house, and reported that the committee had, ac-
cording to order, met a committee from the senate, in
the conference chamber, and jointly with them examin-
ed the ballot-boxes, and found a majority of votes in
favour of George Washington, Patrick Henry, Edmund
Randolph, John Blair, James Madison, George Mason
and George Wythe, Esqrs.
Extract from the journal.
. JOHN BECKLEY,
Clerk House Delegates,
Attest.
John Beckley, Clerk H. D.
IN THE HOUSE OF SENATORS'.
Monday, the 4th of December, 1786.
The senate, according to the order of the day, pro-
ceeded, by joint ballot with the house of delegates, to
the appointment of seven deputies, from this common-
wealtb, to a convention proposed to be held in the city
of Philadelphia, in May next, for the purpose of revis-
ing the federal constitution ; and the members having
prepared tickets, with the names of the persons to be
appointed, and deposited the same in the ballot-boxes.
Mr. Anderson, Mr. Nelson ajid Mr. Lee, were nomi-
nated a commilt.eo to meet a committee from the house
40 CREDENTIALS OF
of delegates, in the conference chamber, and jointly
with them to examine the ballot-boxes, and report to
the house on whom the majority of votes should fall.
The committee then withdrew, and after some time re-
turned into the house and reported, that the committee
had, according to order, met a committee from the
house of delegates, in the conference chamber, and
jointly with them examined the ballot-boxes, and found
a majority of votes in favour of George Washington,
Patrick Henry, Edmund Randolph, John Blair, James
Madisoiij George Mason and George Wythe, Esqrs.
Extract from the journal.
JOHN BECKLEY, Clerk H. D.
Attest.
H. Brook, Clerk S.
[L.S.] VIRGINIA, TO WIT.
I do hereby certify and make known, to all whom
it may concern, That John Beckley, Esq. is clerk of
the house of delegates, for this commonwealth, and the
proper officer for attesting the proceedings of the gene-
ral assembly of the said commonwealth, and that full
faith and credit ought to be given to all things attested
by the said John Beckley, Esq. by virtue of his office
aforesaid.
Given under my hand, as governour of the common-
wealth of Virginia, and under the seal thereof, at
Richmond, this fourth day of May, 1787.
EDM. RANDOLPH.
THE MEMBERS. 41
[L.S.] VIRGINfA, TO WIT.
I do hereby certify, that Patrick Henry, Esq. one of
the seven commissioners, appointed by joint ballot of
both houses of assembly of the commonwealth of Vir-
ginia, authorized as a deputy therefrom, to meet such
deputies as might be appointed and authorized by other
states, to assemble in Philadelphia, and to join with
them in devising and discussing all such alterations and
further provisions, as might be necessary to render the
federal constitution adequate to the exigencies of the
union, and in reporting such an act for that purpose
to the United States in Congress, as when agreed to by
them, and duly confirmed by the several states, might
effectually provide for the same, did decline his ap-
pointment aforesaid ; and thereupon in pursuance of
an act of the general assembly of the said common-
wealth, entitled, *' An act for appointing deputies from
" this commonwealth, to a convention proposed to be
" held in the city of Philadelphia, in May next, for the
•' purpose of revising the federal constitution," I do
hereby with the advice of the council of state, supply
the said vacancy by nominating James M'CIurg, Esq.
a deputy for the purposes aforesaid.
Given under my hand as governour of the said com-
monwealth, and under the seal thereof, this second
day of May. in the year of our Lord 1787.
EDM. RANDOLPH.
42 CREDENTIALS OF
THE STATE OF NORTH CAROLINA.
To the Honourable Alexander Martin, Esq. Greeting.
Whereas our general assembly, in their late ses-
sion, holden at Fayette-Ville, by adjournment, in the
month of January last, did by joint ballot of the senate
and house of commons, elect Richard Caswell, Alexan-
der Martin, William Richardson Davie, Richard Dobbs
Spaight and Willie Jones, Esqrs. deputies to attend a
convention of delegates from the several United States
of America, proposed to be held at the city of Phila-
delphia, in May next, for the purpose of revising the
federal constitution.
We do therefore, by these presents, nominate, com-
missionate and appoint you the said Alexander Mar-
tin, one of the deputies for and in our behalf, to
meet with our other deputies at Philadelphia, on the
first day of May next, and with them, or any two of
them, to confer with such deputies as may have
been, or shall be appointed by the other states, for the
purpose aforesaid : To hold, exercise and enjoy the
appointment aforesaid, with all powers, authorities and
emoluments to the same belonging, or in any wise ap-
pertaining, you conforming, in every instance, to the
act of our said assembly under which you are ap-
pointed.
Witness, Richard Caswell, Esq. our governour, cap-
tain-general and commander in chief, under his
hand and our great seal, at Kinston, the 24th
THE MEMBERS. 43
day of February, in the eleventh year of our inde-
pendence, A. D. 1787.
RICH. CASWELL.
By His Excellency's command. [l.s.]
Winston Caswell, P. Sec'ry.
THE STATE OF NORTH CAROLINA.
To the Honourable William Richardson Davie, Esq.
Greeting.
Whereas our general assembly in their late session,
holden at Fayette-Ville, by adjournment, in the month
of January last, did by joint ballot of the senate and
house of commons, elect Richard Caswell, Alexander
Martin, William Richardson Davie, Richard Dobbs
Spaight and Willie Jones, Esqrs. deputies to attend a
convention of delegates from the several United States
of America, proposed to be held in the city of Phila-
delphia, in May next, for the purpose of revising the
federal constitution.
We do therefore, by these presents, nominate, com-
missionate and appoint you the said William Richardson
Davie, one of the deputies for and in our behalf, to meet
with our other deputies at Philadelphia, on the first day
of May next, and with them, or any two of them, to
confer with such deputies as may have been, or shall
be appointed by the other states, for the purpose afore-
said : To hold, exercise and enjoy the said appoint-
ment, with all powers, authorities and emoluments to
the same belonging, or in any wise appertaining, you
44 CREDENTIALS OF
conforming, in every instance, to the act of our said
assembly under which you are appointed.
Witness, Richard Caswell, Esq. our governour, cap-
tain-general and commander in chief, under his
hand and our great seal, at Kinston, the 24th day
of February, in the eleventh year of our indepen-
dence, Anno Dom. 1787.
RICH. CASWELL.
By His Excellency's command. [i^'S.]
Winston Caswell, P. Sec'ry.
THE STATE OF NORTH CAROLINA.
To the Honourable Richard Dobbs Spaight, Esq.
Greeting.
Whereas our general assembly, in their late ses-
sion, holden at Fayette-Ville, by adjournment, in the
month of January last, did elect you the said Richard
Dobbs Spaight, with Richard Caswell, Alexander Mar-
tin, William Richardson Davie and Willie Jones,
Esqrs. deputies to attend a convention of delegates
from the several United States of America, proposed to
be held in the city of Philadelphia, in May next, for
the purpose of revising the federal constitution.
We do therefore, by these presents, nominate, com-
missionate and appoint you the said Richard Dobbs
Spaight, one of the deputies for and in behalf of us, to
meet with our other deputies at Philadelphia, on the
first day of May next, and with them, or any two of
them, to confer with such deputies as may have been.
THE MEi^BERS. 45
or shall be appointed by the other states, for the pur-
poses aforesaid : To hold, exercise and enjoy the said
appointment, with all powers, authorities and emolu-
ments to the same incident and belonging, or in any
wise appertaining, you conforming, in every instance,
to the act of our said assembly under which you arc
appointed.
Witness, Richard Caswell, Esq. our governour, cap-
tain-general and commander in chief, under his
hand and our great seal, at Kinston, the 14th day
of April, in the eleventh year of our independence,
Anno Dom. 1787.
RICH. CASWELL.
By His Excellency's command. [l.s.]
Winston Caswell, P. Sec'ry.
, STATE OF NORTH CAROLINA.
His Excellency Richard Caswell, Esq. Governour, Captain-
General and Commander in Chief in and over the State afore-
said.
To all to whom these presents shall come. Greeting.
Whereas by an act of the general assembly of the
said state, passed the 6th day of January last, entitled^
" An act for appointing deputies from this state to a
" convention proposed to be held in the city of Phila-
" delphia, in May next, for the purpose of revising the
" federal constitution,"' among other things it is enact-
ed, " That five commissioners be appointed by joint
m CREDENTIALS OF
" ballot of both houses of assembly, who, or any thre6
" of them, are hereby authorized as deputies from this
" state, to meet at Philadelphia, on the 1st day of May
** nest, then and there to meet and confer with such
" deputies as may be appointed by the other states
" for similar purposes, and with them to discuss and
'• decide upon the most effectual means to remove the
" defects of our federal union, and to procure the en-
" larged purposes which it was intended to effect ; and
" that they report such an act to the general assembly
" of this state, as, when agreed to by them, will effec-
" tually provide for the same :" And it is by the said
act further enacted, " That in case of the death or re-
" signation of any of the deputies, or of their declining
" their appointments, his excellency the governour,
" for the time being, is hereby authorized to supply
" such vacancies." And whereas in consequence of
the said act, Richard Caswell, Alexander Martin, Wil-
liam Richardson Davie, Richard Dobbs Spaight and
Willie Jones, Esqrs. were by joint ballot of the two
houses of assembly, elected deputies for the purposes
aforesaid : And whereas the said Richard Caswell hath
resigned his said appointment as one of the deputies
aforesaid :
Now know ye, That 1 have appointed, and by these
presents do appoint the honourable William Blount,
Esq. one of the deputies to represent this state in the
convention aforesaid, in the room and stead of the
aforesaid Richard Caswell, hereby giving and granting
to the said William Blount, the same powers, privileges
and emoluments which the said Richard Caswell would
THE MEMBERS. 41
have been vested with or entitled to, had he continued
in the appointment aforesaid.
Given under my hand and the great seal of the state,
at Kinston, the 23d day of April, Anno Dom.
1787, and in the eleventh year of American inde-
pendence.
RICH. CASWELL.
By His Excellency's command. [l«s.]
Winston Caswell, P. Sec'ry.
STATE OF NORTH CAROLINA.
His Excellency Richard Caswell, Esq. Governour, Captain-
General and Commander in Chief in and over the State afore-
said.
To all to whom these presents shall come, Greeting.
Whereas by an act of the general assembly of the
said state, passed the 6th day of January last, entitled,
" An act for appointing deputies from this state to a
'• convention proposed to be held in the city of Phila-
" delphia, in May next, for the purpose of revising the
"federal constitution," among other things it is enact-
ed, " That five commissioners be appointed by joint
" ballot of both houses of assembly, who, or any three
" of them, are hereby authorized as deputies from this
'•' state, to meet at Philadelphia, on the first day of May
" next, then and there to meet and confer with such
" deputies as may be appointed by the other states for
"similar purposes, and with them to discuss and de-
^' cide upon the most effectual means to remove the
48 CREDENTIALS OF
" defects of our federal union, and to procure the en-
*' larged purposes which it was intended to effect, and
" that they report such an act to the general assembly
" of this state, as, when agreed to by them, will effec-
'^ tually provide for the same." And it is by the said
act further enacted, " That in case of the death or re-
" signation of any of the deputies, or their declining
" their appointments, his excellency the governour, for
'* the time being, is hereby authorized to supply such
"vacancies."
And whereas in consequence of the said act, Richard
Caswell, Alexander Martin, William Richardson Da-
vie, Richard Dobbs Spaight, and Willie Jones, Esqrs.
were by joint ballot of the two houses of assembly
elected deputies for the purposes aforesaid. And
whereas the said Willie Jones hath declined his ap-
pointment as one of the deputies aforesaid.
Now know ye, That I have appointed, and by these
presents do appoint the honourable Hugh Williamson,
Esq. one of the deputies to represent this state in the
convention aforesaid, in the room and stead of the
aforesaid Willie Jones, hereby giving and granting to
the said Hugh Williamson the same powers, privileges
and emoluments which the said Willie Jones would
have been vested with and entitled to, had he acted
under the appointment aforesaid.
Given under my hand and the great seal of the state,
at Kinston, the 3d day of April, Anno Dom. 1787,
and in the eleventh year of American indepen-
dence. RICH. CASWELL.
By His Excellency's commandr [e-.s.]
Dallam Caswell, Pro. Sec'ry.
THE MEMBERS. 49
STATE OF SOUTH CAROLINA.
Bj His Excelloncy Thomas Pinckney, Esq. Governour and Com-
mander in Chief, in and over the State aforesaid.
To the Honourable John Rutledge, Esq. Greeting.
By virtue of the power and authority in me vested
by the legislature of this state, in their act passed the
8th day of March last, I do hereby commission you the
said John Rutledge, as one of the deputies appointed
from this state, to meet such deputies or commissioners
as may be appointed and authorized by other of the
United States to assemble in convention, at the city of
Philadelphia, in the month of May next, or as soon
thereafter as may be, and to join with such deputies or
commissioners, (they being duly authorized and em-
powered) in devising and discussing all such altera-
tions, clauses, articles and provisions, as may be
thought necessary to render the federal constitution
entirely adequate to the actual situation and future
good government of the confederated states ; and that
you, together with the said deputies or commissioners,
or a majority of them who shall be present, (provided
the state be not represented by less than two) do join
in reporting such an act to the United States in Con-
gress assembled, as when approved and agreed to by
them, and duly ratified and confirmed by the several
states, will effectually provide for the exigencies of
the union.
Given under my hand and the great seal of the state,
in the city of Charleston, this 10th day of April,
7
«iO CREDENTIALS OF
in the year of our Lord 1787, and of the sovereign-
ty and independence of the United States of Ame-
rica the eleventh.
THOMAS PINCKNEY.
By His Excellency's command. [l.s.]
Peter Freneau, Sec'ry.
STATE OF SOUTH CAROLINA.
By His Excellency Thomas Pinckney, Esq. Governour and Com-
mander in Chief, in and over the State aforesaid.
To the Honoarable Charles Pinckney, Esq. Greeting.
By virtue of the power and authority in me vested
by the legislature of this state, in their act passed the
8th day of March last, I do hereby commission you the
said Charles Pinckney, as one of the deputies ap*
pointed from this state, to meet such deputies or com-
missioners as may be appointed and authorized by
other of the United States, to assemble in convention
at the city of Philadelphia, in the month of May next,
or as soon thereafter as may be, and to join with such
deputies or commissioners, (they being duly authorized
and empowered) in devising and discussing all such al-
terations, clauses, articles and provisions, as may be
thought necessary to render the federal constitution en-
tirely adequate to the actual situation and future good
government of the confederated states ; and that you,
together with the said deputies or commissioners, or a
majority of them who shall be present, (provided the
state be not represented by less than two) do join in
reporting such an act to the United States in Congress
assembled, as when approved and agreed to by them.
THE MEMBERS. 61
and duly ratified and confirmed by the several states,
will effectually provide for the exigencies of the union.
Given under my hand and the great seal of the state,
in the city of Charleston, this 10th day of April,
in the year of our Lord 1787, and of the sove-
reignty and independence of the United States of
America the eleventh.
THOMAS PINCKNEY.
By His Excellency's command. [l.s.]
Peter Freneau, Sec'ry.
STATE OF SOUTH CAROLINA.
By His Excellency Thomas Pinckney, Esq. Governour and Com-
mander in Chief, in and over the State aforesaid.
To the Honourable Charles Cotesv/orth Pinckney,
Esq, Greeting.
By virtue of the power and authority in me vested
by the legislature of this state, in their act passed the
8th day of March last, I do hereby commission you the
said Charles Cotesworth Pinckney, as one of the depu-
ties appointed from this state, to meet such deputies or
commissioners as may be appointed and authorized by
other of the United States, to assemble in convention
at the city of Philadelphia, in the month of May next,
or as soon thereafter as may be, and to join with such
deputies or commissioners, (they being duly authorized
and empowered) in devising and discussing all such
alterations, clauses, articles and provisions, as may be
thought necessary to render the federal constitution
entirely adequate to the actual situation and future
52 CREDENT'IALS OF
good government of the confederated states ; and that
you, together with the said deputres or commissioners,
or a majority of them who shall be present, (provided
the state be not represented by less than two) do join
in reporting such an act to the United States in Con-
gress assembled, as when approved and agreed to by
them, and duly ratified and confirmed by the several
states, will effectually provide for the exigencies of
the union.
Given under my hand and the great seal of the state^
in the city of Charleston, this 10th day of April,
in the year of our Lord 1787, and of the sove-
reignty and independence of the United States
of America the eleventh.
THOMAS PINCKNEY.
By His Excellency's command. [l.s.]
Peter Freneau, Sec'ry.
STATE OF SOUTH CAROLINA.
By His Excellency Thomas Pinckney, Esq. Govemenr and Coizb-
mander in Chief, in and over the State aforesaid.
To the Honourable Pierce Butler, Esq. Greeting.
By virtue of the power and authority in me vested
by the legislature of this state, in their act passed the
8th day of March last, I do hereby commission you the
said Pierce Butler, as one of the deputies appointed
from this state, to meet such deputies or commissioners
as may be appointed or authorized by other of the
United States, to assemble in convention at the city
THE MEMBERS. 53
of Philadelphia, in the month of May next, or as
soon thereafter as may be, and to join with such depu-
ties or commissioners, (they being duly authorized
and empowered) in devising and discussing all such
alterations, clauses, articles and provisions, as may be
thought necessary to render the federal constitution en-
tirely adequate to the actual situation and future good
government of the confederated states ; and that you,
together with the said deputies or commissioners, or a
majority of them who shall be present, (provided the
state be not represented by less than two) do join in
reporting such an act to the United States in Congress
assembled, as when approved and agreed to by them,
and duly ratified and confirmed by the several states,
will effectually provide for the exigencies of the
union.
Given under my hand and the great seal of the state,
in the city of Charleston, this 10th day of April,
in the year of our Lord 1787, and of the sovereign-
ty and independence of the United States of Ame-
rica the eleventh.
THOMAS PINCKNEY.
By His Excellency's command, [i-s.j
Peter Freneau, Sec'ry.
54 CREDENTIALS OF
GEORGIA.
By the Honourable George Mathews, Esq. Captain-General, Gov
vernour and Commander in Chief, in and over the State aforesaid.
To all to whom these presents shall come, Greeting,
Know ye, That John Milton, Esq. who hath
Ci certified the annexed copy of an ordinance, en- '
O titled " An ordinance for the appointment of de-
1— I g " puties from this state, for the purpose of revising
^ ^ " the federal constitution," is secretary of the
S said state, in whose office the archives of the same
:^ are deposited : Therefore, all due faith, credit
• and authority, are and ought to be had and given
the same.
In testimony whereof, I have hereunto set my hand,
and caused the great seal of the said state to be
pot and affixed, at Augusta, this 24th day of
April, in the year of our Lord 1787, and of our
sovereignty and independence the eleventh.
By His Honour's command.
J. Milton.
An Ordinance for the appointment of Deputies from
this State, for the purpose of revising the Federal
Constitution.
Be it ordained, by the representatives of the freemen
of the state of Georgia, in general assembly met, and
by the authority of the same, that William Few, Abra*
THE MEMBERS. 55
ham Baldwin, William Pierce, George Walton, Wil-
liam Houstoun, and Nathaniel Pendleton, Esqrs. be,
and they are hereby appointed commissioners, who, or
any two or more of them, are hereby authorized as
deputies from this state, to meet such deputies as may
be appointed and authorized by other states, to assem-
ble in convention at Philadelphia, and to join with them
in devising and discussing all such alterations and far-
ther provisions as may be necessary to render the federal
constitution adequate to the exigencies of th-e union, and
in reporting such an act for that purpose to the United
States in Congress assembled, as when agreed to by
them, and duly confirmed by the several states, will
effectually provide for the same. In case of the death
of any of the said deputies, or of their declining their
appointments, the executive are hereby authorized to
supply such vacancies.
By order of the House.
(Signed)
WM. GIBBONS, Speaker.
Augusta, the 10th February, 1787.
Georgia.
Secretary's Office.
The above is a true copy from the original ordinance
Jeposited in my office.
J. MILTON, Sec'ry.
Augusta, 24th April, 1787.
5« CREDENTIALS OF
The State of Georgia, by the Grace of God, free, sovereign and inde.
pendent.
To the Honourable William Few, Esq.
Whereas you the said William Few, are in and by
an ordinance of the general assembly of our said state,
nominated and appointed a deputy to represent the
same in a convention of the United States, to be assem-
bled at Philadelphia, for the purposes of devising and
discussing all such alterations and farther provisions
as may be necessary to render the federal constitution
adequate to the exigencies of the union.
You are therefore hereby commissioned to
proceed on the duties required of you in virtue
M of the said ordinance. ■.^-: -. . • ; ,.
•
r- 1 ^ Witness our trusty and well beloved George
^ ^ Mathews, Esq. our captain-general, gover-
^~^ IX nour and commander in chief, under his
^ hand and our great seal, at Augusta, this
m
3ih n.
17th day of April, in the year of our Lord
1787, and of our sovereignty and indepen-
dence the eleventh.
By His Honour's command.
J. Mjlton, Sec'ry.
THE MEMBERS. SK
The State of Georgia, by the Grace of God, ft-ee, sovereign and inde-
pendent.
To the Honourable William Pierce, Esq.
Whereas you the said William Pierce, are in
O and by an ordinance of the general assembly of
O our said state, nominated and appointed a deputy
r— I g to represent the same in a convention of the
^ ^ United States, to be assembled at Philadelphia,
ffi for the purposes of devising and discussing all
^ such alterations and further provisions as may be
^ necessary to render the federal constitution ade-
quate to the exigencies of the union.
You are therefore hereby commissioned to proceed
on the duties required of you in virtue of the said or-
dinance.
Witness our trusty and well beloved George Ma-=
thews, Esq. our captain-general, governour and
commander in chief, under his hand and our great
seal, at Augusta, this 17th day of April, in the
year of our Lord 1787, and of our sovereignty and
independence the elevenlh.
By His Honour's command.
J. Milton, Sec'ry.
8
/•• ■>
58 CREDENTIALS OF THE MEMBERS.
The State of Georgia, by the Grace of God, free, sovereign and inde-
pendent.
To the Honourable William Houstoun, Esq.
Whereas you the said William Houstoun, are
§ in and by an ordinance of the general assembly
P of our said state, nominated and appointed a de-
"7? g puty to represent the same in a convention of
^^ i-a the United States, to be assembled at Philadel-
g phia, for the purposes of devising and discussing
^ all such alterations and farther provisions as may
be necessary to render the federal constitution
;ar" adequate to the exigencies of the union.
You are therefore hereby commissioned to proceed
on the duties required of you in virtue of the said or-
dinance.
Witness our trusty and well beloved George Mathews,
Esq. our captain-general, governour and com-
mander in chief, under his hand and our great seal,
at Augusta, this 17th day of April, in the year of
our Lord 1787, and of our sovereignty and inde-
pendence the eleventh. t^
By His Honour's command.
J. Milton, Sec'ry.
,35noM Jiadofl oH sriT
>yd8&;a
JOURNAL
OF
THE FEDERAL CONVENTION.
On Monday, the 14th of May, A. D. 1787, and in the
eleventh year of the independence of the United States
of America, at the state house in the city of Philadel-
phia, in virtue of appointments from their respective
states, sundry deputies to the federal convention ap-
peared ; but a majority of the states not being repre-
sented, the members present adjourned, from day to
day, until Friday, the 25th of the said month, wl^n, in
virtue of the said appointments, appeared from the
states of
Massachusetts, The Honourable Rufus King, Esq.
New York, The Honourable Robert Yates, and
Alexander Hamilton, Esqrs.
New Jersey, The Honourable David Brearly,
William Churchill Houston, and
William Patterson, Esqrs.
Pennsylvania, The Honourable Robert Morris,
Thomas Fitzsimons,
James Wilson, and
Gouverneur Morris, Esqrs.
60 JOURNAL OF THE [May 25.
Delaware, The Honourable George Read,
Richard Basset, and
Jacob Broom, Esqrs.
Virginia, His Excellency G. Washington, Esq.
His Excellency E. Randolph, Esq.
The Honourable John Blair,
James Madison, . ^
George Mason,
George Wythe, and
James M'Clurg, Esqrs.
North Carolina, The Honourable Alexander Martin.
/^^^^'; William Richardson Davie,
Richard Dobbs Spaight, and
Hugh Williamson, Esqrs.
South Carolina, The Honourable John Rutledge,
Charles Cotesworth Pinckney,
./AaHOM , MO Charles Pinckney, and SHr F
Pierce Butler, Esqrs.
Georgia, The Honourable William Few, Esq.
It was moved by the honourable Robert Morris, Esq.
one of the deputies from Pennsylvania, that a presi-
dent be elected by ballot, which was agreed to ; and
thereupon he nominated, on the part of the said state,
His excellency George Washington, Esq.
The members then proceeded to ballot on behalf of
their respective states ; and the ballots being taken, it
appeared that the said George Washington was unani-
mously elected ; and he was conducted to the chair by
the honourable Robert Morris, and John Rutledee,
Esqrs.
The president then proposed to the house that they
Jtfay 2B.] FEDERAL CONVENTION. pf fit,.
should proceed to the election of a secretary ; and the
ballot being taken, it appeared that
William Jackson, Esq. was elected.
The following credentials were produced and read.
[See pp. 17—58.]
The house then appointed Nicholas Weaver, mes-
senger, and Joseph Fry, doorkeeper.
On motion of Mr. C. Pinckney,
Ordered, That a committee be appointed to draw up
rules to be observed as the standing orders of the con-
vention ; and to report the same to the house.
A committee, by ballot, was appointed of
Mr. Wythe, Mr. Hamilton, and Mr. C. Pinckney.
And then the house adjourned till Monday next, at
10 o'clock, A. M.
IN THE FEDERAL CONVENTION, MONDAY,
MAY 28, 1787.
The convention met agreeably to adjournment.
The honourable Nathaniel Gorham, and Caleb
Strong, Esqrs. deputies from the state of Massachu-
setts ; the honourable Oliver Ellsworth, Esq. a deputy
from the state of Connecticut; the honourable Gunning
Bedford, Esq. a deputy from the state of Delaware,
and the honourable James M*Henry, Esq. a deputy
from the state of Maryland — attended and took their
seats.
The following credentials were produced and read.
[See pp. 19, 20, 32,34.]
His excellency Benjamin Franklin, Esq. and the
h^j^urable George Clymer, Thomas Mifflin; and Jqred
€2 • JOURNAL OF THE [May 28.
Ingersoll, Esqrs. four of the deputies of the state of
Pennsylvania, attended and took their seats.
Mr. Wythe reported from the committee, (to whom
the drawing up rules proper, in their opinion, to be ob-
served by the convention in their proceedings, as stand-
ing orders, was referred) that the committee had drawn
up the rules accordingly, and had directed him to re-
port them to the house. And he read the report in
his place, and afterwards delivered it in at the secreta-
ry's table, where the said rules were once read through-
out, and then a second time one by one ; and upon the
question severally put thereupon, two of them were
disagreed to ; and the rest, with amendments to some of
them, were agreed to by the house ; which rules, so
agreed to, are as follow :
RULES
TO BE OBSERVED AS THE STANDING ORDERS OF THE
CONVENTION.
A HOUSE, to do business, shall consist of the depu-
ties of not less than seven states ; and all questions
shall be decided by the greater number of these which
shall be fully represented. But a less number than
seven may adjourn from day to day.
Immediately after the President shall have taken
the chair, and the members their seats, the minutes of
the preceding day shall be read by the Secretary.
Every member, rising to speak, shall address the
President ; and, whilst he shall be speaking, none shall
pass between them, or hold discourse with another, or
read a book, pamphlet, or paper, printed or manu-
script.
May 28,] FEDERAL CONVENTION. 63
And of two members rising at the same time, the
President shall name him who shall be first heard.
A member shall not speak oftener than twice, without
special leave, upon the same question ; and not the se-
cond time, before every other, who had been silent,
shall have been heard, if he choose to speak upon the
subject,
...A motion made and seconded, shall be repeated,
and, if written, as it shall be when any member shall so
require, read aloud, by the Secretary, before it shall
be debated ; and may be withdrawn at any time be-
fore the vote upon it shall have been declared.
Orders of the day shall be read next after the mi-
nutes ; and either discussed or postponed before any
other business shall be introduced.
When a debate shall arise upon a question, no mo-
tion, other than to amend the question, to commit it, or
to postpone the debate, shall be received.
A question, which is complicated, shall, at the request
of any member, be divided, and put separately upon
the propositions of which it is compounded.
The determination of a question, although fully de-
bated, shall be postponed, if the deputies of any state
desire it, until the next day.
A writing, which contains any matter brought on to
be considered, shall be read once throughout, for infor-
mation ; then by paragraphs, to be debated; and
again, with the amendments, if any, made on the se-
cond reading ; and afterwards the question shall be put
upon the whole, amended, or approved in its original
form, as the case shall be.
That committees shall be appointed by ballot ; and
64 JOURNAL OF THE [May 21.
that the members, who have the greatest number of
ballots, although not a majority of the votes present,
be the committee. When two or more members have
an equal number of votes, the member standing first
on the list in the order of taking down the ballots shall
be preferred.
A member may be called to order by any other mem-
ber, as well as by the President ; and may be allowed
to explain his conduct, or expressions, supposed to be
reprehensible. And all questions of order shall be
decided by the President, without appeal or debate.
Upon a question to adjourn, for the day, which may
be made at any time, if it be seconded, the question
shall be put without a debate.
When the house shall adjourn, every member shall
stand in his place until the President pass him.
Resolved, That the said rules be observed as stand-
ing orders of the house.
A letter from sundry persons of tlie state of Rhode
Island, addressed to the honourable the Chairman of
the General Convention, was presented to the chair
by Mr. G. Morris ; and, being read.
Ordered, That the said letter do lie upon the table
for farther consideration.
A motion was made by Mr. Butler, one of the depu-
ties of South Carolina, that the house provide against
interruption of business by absence of members, and
against licentious publication of their proceedings.
Also, a motion was made by Mr. Spaight, one of
the deputies of North Carolina, to provide, that, on the
one hand, the house may not be precluded, by a vote
May 29.] FEDERAL CONVENTION. 65
upon any question, from revising the subject matter of
it, when they see cause, nor, on the other hand, be
led too hastily to rescind a decision, which was the re-
sult of mature discussion.
Ordered, That the said motions be referred to the
consideration of the committee appointed on Friday
last, to draw up rules to be observed as the standing
orders of the convention ; and that they do examine
the matters thereof, and report thereupon to the house.
Adjourned till to-morrow at 10 o'clock, A. M.
TUESDAY, MAY 29, 1787.
Mr. Wythe reported from the committee to whom
the motions made by Mr. Butler and Mr. Spaight were
referred, that the committee had examined the matters
of the said motions, and had come to the following re-
solutions thereupon :
Resolved, That it is the opinion of this committee
that provision be made for the purposes mentioned in
the said motions ; and to that end.
The committee beg leave to propose, that the rules
written under their resolution be added to the standing
orders of the house.
And the said rules were once read throughout, and
then, a second time, one by one ; and on the question
severally put thereupon, were, with amendments to
some of them, agreed to by the house ; which rules so
agreed to are as follow :
9
^ff JOURNAL or THE [May 2^
RULES.
That no member be absent from the house, so as
to interrupt the representation of the state, without
leave.
That committees do not sit whilst the house shall
be, or ought to be, sitting.
That no copy be taken of any entry on the journal
during the sitting of the house, without the leave of
the house.
That members only be permitted to inspect the jour-
nal.
That nothing spoken in the house be printed, or
otherwise published, or communicated without leave.
That a motion to reconsider a matter which had beeti
determined by a majority, may be made, with leave
unanimously given, on the same day in which the vote
passed ; but otherwise, not without one day's previous
notice ; in which last case, if the house agree to the
reconsideration, some future day shall be assigned for
that purpose.
Resolved, That the said rules be added to the stand-
ing orders of the house.
The honourable John Dickinson, Esq. a deputy of
the state of Delaware, and the honourable Elbridge
Gerry, Esq. a deputy from the state of Massachusetts,
attended and took their seats.
Mr. Randolph, one of the deputies of Virginia, laid
before the house, for their consideration, sundry pro-
positions, in writing, concerning the American confe-
deration, and the establishment of a national govern-
ment.
May 29.] FEDERAL CONVENTION. €7
RESOLUTIONS
OFFERED BY MR. EDMUND RANDOLPH .TO THE CONVEX
TION, MAY 29j 1787.
1 . Resolved, That the articles of the confederation
oui;ht to be so corrected and enlarged, as to accom-
plish the objects proposed by their institution, namely,
common defence, security of liberty, and general wel.
fare.
2. Resolved, therefore, that the right of suffrage, in
the national legislature, ought to be proportioned to
the quotas of contribution, or to the number of free
inhabitants, as the one or the other may seem best, in
different cases.
3. Resolved, That the national legislature ought to
consist of two branches.
4. Resolved, That the members of the first branch
of the national legislature ought to be elected by the
people of the several states, every
for the term of to be of the age of
years at least ; to receive liberal stipends,
by which they may be compensated for the devotion of
their time to publick service ; to be ineligible to any
office estabhshed by a particular state, or under the
authority of the United States (except those peculiarly
belonging to the functions of the first branch) during
the term of service and for the space of
after its expiration ; to be incapable of re-election for
the space of after the expiration of their
term of service ; and to be subject to recal.
5. Resolved, That the members of the second branch
of the national legislature ought to be elected by thos*
6a JOURNAL OF THE [May 29.
of the first, out of a proper number of persons nomi-
nated by the individual legislatures ; to be of the age
of years, at least ; to hold their offices for
a term sufficient to ensure their independency ; to re-
ceive liberal stipends, by which they may be compen-
sated for the devotion of their time to the publick ser-
vice ; and to be ineligible to any office established by
a particular state, or under the authority of the United
States, (except those peculiarly belonging to the func-
tions of the second branch) during the term of ser-
vice ; and for the space of after the
expiration thereof.
6. Resolved, That each branch ought to possess the
right of originating acts ; that the national legislature
ought to be empowered to enjoy the legislative right
vested in Congress, by the confederation ; and more-
over to legislate in all cases to which the separate
states are incompetent, or in which the harmony of the
United States may be interrupted by the exercise of
individual legislation ; to negative all laws passed by
the several states, contravening, in the opinion of the
national legislature, the articles of union, or any trea-
ty subsisting under the authority of the union ; and to
call forth the force of the union against any member
of the union failing to fulfil its duty under the articles
thereof.
7. Resolved, That a national executive be instituted,
to be chosen by the national legislature for the term of
years, to receive punctually, at stated
times, a fixed compensation for the services rendered,
in which no increase or diminution shall be made, so
as to affect the magistracy existing at the time of the
increase or diminution ; to be ineligible a second time :
May 29.] FEDERAL CONVENTION. 69
and that, besides a general authority to execute the
national laws, it ought to enjoy the executive rights
vested in Congress by the confederation.
8. Resolved, That the executive, and a convenient
number of the national judiciary, ought to compose a
council of revision, with authority to examine every
act of the national legislature, before it shall operate,
and every act of a particular legislature before a ne-
gative thereon shall be final ; and that the dissent of
the said council shall amount to a rejection, unless the
act of the national legislature be again passed, or that
of a particular legislature be again negatived by
of the members of each branch.
9. Resolved, * That a national judiciary be esta*
blished
to hold their offices during good behaviour, and to re-
ceive punctually, at stated times, fixed compensation
for their services, in which no increase or diminution
shall be made, so as to affect the persons actually in
office at the time of such increase or diminution —
That the jurisdiction of the inferior tribunals, shall be,
to hear and determine, in the first instance, and of the
supreme tribunal to hear and determine, in the dernier
resort, all piracies and felonies on the high seas ; cap-
tures from an enemy 5 cases in which foreigners, or
citizens of other states, applying to such jurisdictions,
may be interested, or which respect the collection of
the national revenue ; impeachments of any national
officer ; and questions which involve the national peace
or harmony.
10. Resolved, That provision ought to be made for
the admission of states, lawfully arising within the
70 JOURNAL OP THE [May 29.
limits of the United States, whether from a volantary
junction of government and territory, or otherwise, with
the consent of a number of voices in the national le-
gislature less than the whole.
11. Resolved, That a republican government, and
the territory of each state (except in the instance of a
voluntary junction of government and territory) ought
to be guarantied by the United States to each state.
12. Resolved, That provision ought to be made for
the continuance of a Congress, and their authorities
and privileges, until a given day, after the reform of
the articles of union shall be adopted, and for the com-
pletion of all their engagements.
13. That provision ought to be made for the amend-
ment of the articles of union, whensoever it shall seem
necessary ; and that the assent of the national legisla-
ture ought not to be required thereto.
14. Resolved, That the legislative, executive, and
judiciary powers within the several states ought to be
bound by oath to support the articles of union.
15. Resolved, That the amendments, which shall be
offered to the confederation by the convention, ought,
at a proper time or times, after the approbation of
Congress, to be submitted to an assembly or assemblies
of representatives, recommended by the several legis-
latures, to be expressly chosen by the people to consi-
der and decide thereon.
Resolved, That the house will to-morrow resolve
itself into a committee of the whole house to consider
of the state of the American union.
Ordered, That the propositions this day laid before
May 29.] FEDERAL CONVENTION. 71
the house, for their consideration, by Mr. Randolph,
be referred to the said committee.
Mr, Charles Pinckney, one of the deputies of South
Carolina, laid before the house, for their consideration,
the draft of a federal government to be agreed
upon between the free and independent states of Ame-
rica.
MR. CHARLES PINCKNEY'S DRAFT OF A FEDERAL GO-
VERNMENT.*
We the people of the states of New Hampshire,
Massachusetts, Rhode Island and Providence Planta-
tions, Connecticut, New York, New Jersey, Pennsyl-
vania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, and Georgia, do ordain, declare, and
establish the following constitution for the government
of ourselves and posterity.
ARTICLE 1.
The style of this government shall be the United
States of America, and the government shall consist of
supreme legislative, executive and judicial powers.
ARTICLE II.
The legislative power shall be vested in a Congress^
10 consist of two separate houses ; one to be called
the house of delegates ; and the other the senate,
who shall meet on the day of in every
year.
ARTICLE III,
The members of the house of delegates shall be
* Pap«r furnisbed by Mr. Piackaey,
72 JOURxNAL OF THE [May 29.
chosen every year by the people of the se-
veral states ; and the qualification of the electors shall
be the same as those of the electors in the several states
for their legislatures. Each raenfjber shall have been
a citizen of the United States for years ; shall
be of years of age, and a resident in the state
he is chosen for until a census of the people
shall be taken in the manner hereinafter mentioned.
The house of delegates shall consist of to be
chosen from the different states in the following pro-
portions : for New Hampshire, for Massachu-
setts, for Rhode Island, for Connecticut,
for New York, for New Jersey, for
Pennsylvania, for Delaware, for Maryland-
for Virginia, for North Carolina,
for South Carolina, for Georgia, and the
legislature shall hereafter regulate the number of dele-
gates by the number of inhabitants, according to the
provisions herein after made, at the rate of one for
every thousand. All money bills of every
kind shall originate in the house of delegates, and
shall not be altered by the senate. The house of de-
legates shall exclusively possess the power of impeach-
ment, and shall choose its own officers ; and vacancies
therein shall be supplied by the executive authority of
the state in the representation from which they shall
happen.
ARTICLE IV.
The senate shall be elected and chosen by the house
of delegates ; which house, immediately after their
meeting, shall choose by ballot senators from
among the citizens and residents of New Hampshire,
from among those of Massachusetts, from
May 290 FEDERAL CONVENTION. 13
among those of Rhode Island, from among those Off
Connecticut, from among those of New York,
from among those of New Jersey, from among
those of Pennsylvania, from among those of
Delaware, from among those of Maryland,
from among those of Virginia, from among those
of North Carolina, from among those of South
Carolina, and from among those of Georgia,
The senators chosen from New Hampshire, Massachu-
setts, Rhode Island, and Connecticut, shall form one
class ; those from New York, New Jersey, Pennsylva-
nia, and Delaware, one class ; and those from Mary-
land, Virginia, North Carolina, South Carolina, and
Georgia, one class. The house of delegates shall
number these classes one, two, and three ; and fix the
limes of their service by lot. The first class shall
serve for years ; the second for years ; and
the third for years. As their times of service
expire, the house of delegates shall fill them up by
elections for years ; and they shall fill all vacan-
cies that arise from death, or resignation, for the time
of service remaining of the members so dying or re-
signing. Each senator shall be years of age at
least ; shall have been a citizen of the United States
four years before his election ; and shall be a resident
of the state he is chosen from. The senate shall
choose its own officers.
ARTICLE v.
Each state shall prescribe the time and manner of
holding elections by the people for the house of dele-
gates : and the house of delegates shall he the judges
10
74 JOURNAL OF THE [May Sf,
of the elections, returns, and qualifications of their mem-
bers.
In each house a majority shall constitute a quorum
to do business. Freedom of speech and debate in the
legislature shall not be impeached, or questioned, in
any place out of it ; and the members of both houses
shall in all cases, except for treason, feJony, or breach
of the peace, be free from arrest during their atten-
dance on Congress, and in going to and returning from
it. Both houses shall keep journals of their proceed-
ings, and publish them, except on secret occasions ;
and the yeas and nays may be entered thereon at the
desire of one of the members present. Neither
house, without the consent of the other, shall adjourn
for more than days, nor to any place but where
they are sitting.
The members of each house shall not be eligible to,
or capable of holding any office under the union, dur-
ing the time for which they have been respectively
elected, nor the members of the senate for one year
after. The members of each house shall be paid for
their services by the states which they represent.
Every bill, which shall have passed the legislature,
shall be presented to the President of the United States
for his revision ; if he approves it he shall sign it ; but
if he does not approve it, he shall return it, with
his objections, to the house it originated in ; which
house, if two thirds of the members present, notwith-
standing the President's objections, agree to pass it,
shall send it to the other house, with the President's
objections ; where, if two thirds of the members pre-
sent also agree to pass it, the same shall become a law ;
and all bills sent to the President, and not returned by
May 29.] FEDERAL CONVENTION. 75
him within days, shall be laws, unless the legis-
lature, by their adjournment, prevent their return; in
which case they shall not be laws.
ARTICLE VI.
The legislature of the United States shall have the
power to lay and collect taxes, duties, imposts and
excises ;
To regulate commerce with all nations, and among
the several states ;
To borrow money and emit bills of credit ;
To establish post offices ;
To raise armies ;
To build and equip fleets ;
To pass laws for arming, organizing, and disciplin-
ing the militia of the United Slates;
To subdue a rebellion in any state, on application of
its legislature ;
To coin money, and regulate the value of all coins,
and fix the standard of weights and measures ;
To provide such dock yards and arsenals, and erect
such fortifications as may be necessary for the United
States, and to exercise exclusive jurisdiction therein ;
To appoint a Treasurer, by ballot ;
To constitute tribunals inferior to the supreme
court ;
To establish post and military roads ;
To establish and provide for a national university
at the seat of the government of the United States;
To establish uniform rules of naturalization ;
To provide for the establishment of a seat of go-
vernment for the United States, not exceeding
76 JOURNAL OF THE [May 2?.
miles square, in which they shall have exclusive juris-
diction ;
To make rules concerning captures from an enemy ;
To declare the law and punishment of piracies and
felonies at sea, and of counterfeiting coin, and of all
offences against the laws of nations ;
To call forth the aid of the militia to execute the
laws of the union, enforce treaties, suppress insurrec-
tions, and repel invasions ;
And to make all laws for carrying the foregoing
powers into execution.
The legislature of the United States shall have the
power to declare the punishment of treason, which
shall consist only in levying war against the United
States, or any of them, or in adhering to their enemies.
No person shall be convicted of treason but by the tes-
timony of two witnesses.
The proportion of direct taxation shall be regulated
by the whole number of inhabitants of every descrip-
tion ; which number shall, ^vithin years after the
first meeting of the legislature, and within the term o^
every year after, be taken in the manner to be
prescribed by the legislature.
No tax shall be laid on articles exported from the
states ; nor capitation tax, but in proportion to the cen-
sus before directed.
All laws regulating commerce shall require the assent
of two thirds of the members present in each house.
The United States shall not grant any title of nobility.
The legislature of the United States shall pass no law
on the subject of religion ; nor touching or abridging
the liberty of the press; nor shall the privilege of the
May 29.] FEDERAL CONVENTION. T7
writ of habeas corpus ever be suspended, except in
case of rebellion or invasion.
All acts made by the legislature of the United States,
pursuant to this constitution, and all treaties made
under the authority of the United States, shall be the
supreme law of the land ; and all judges shall be bound
to consider them as such in their decisions.
ARTICLE VII.
The senate shall have the sole and exclusive power
to declare war; and to make treaties; and to appoint
ambassadors and other ministers, to foreign nations,
and judges of the supreme court.
They shall have the exclusive power to regulate the
manner of deciding all disputes and controversies now
subsisting, or which may arise, between the states, re-
specting jurisdiction or territory.
ARTICLE VIII.
The executive power of the United States shall be
vested in a President of the United States of America,
which shall be his style ; and his title shall be His Ex-
cellency. He shall be elected for years ; and
shall be re-eligible.
He shall from time to time give information to the
legislature, of the state of the union, and recommend
to their consideration the measures he may think neces-
sary. He shall take care that the laws of the United
States be duly executed. He shall commission all the
officers of the United States ; and, except as to ambassa-
dors, other ministers, and judges of the supreme court,
he shall nominate, and, with the consent of the senate,
appoint, all other officers of the United States. He
78 JOURNAL OF THE [May 29.
shall receive publick ministers from foreign nations :
and may correspond with the executives of the diffe-
rent states. He shall have power to grant pardons
and reprieves, except in impeachments. He shall be
commander in chief of the army and navy of the
United States, and of the militia of the several states ;
and shall receive a compensation which shall not be
increased or diminished during his continuance in
office. At entering on the duties of his office, he shall
take an oath faithfully to execute the duties of a Pre-
sident of the United States. He shall be removed
from his office on impeachment by the house of dele-
gates, and conviction in the supreme court, of treason,
bribery, or corruption. In case of his removal, death,
resignation, or disability, the president of the senate
shall exercise the duties of his office until another pre-
sident be chosen. And in case of the death of the
president of the senate, the speaker of the house of
delegates shall do so.
ARTICLE IX.
The legislature of the United States shall have the
power, and it shall be their duty, to establish such
courts of law, equity, and admiralty, as shall be neces-
sary.
The judges of the courts shall hold their offices dur-
ing good behaviour ; and receive a compensation,
which shall not be increased or diminished during their
continuance in office. One of these courts shall be
termed the supreme court, whose jurisdiction shall ex-
tend to all cases arising under the laws of the United
States, or affecting ambassadors,other publick ministers
and consuls ; to the trial of impeachment of officers of
May 29.] FEDERAL CONVENTION. 79
the United States ; to all cases of admiralty and mari-
time jurisdiction. In cases of impeachment affecting
ambassadors, and other publick ministers, this jurisdic-
tion shall be original ; and in all the other cases ap-
pellate.
All criminal offences (except in cases of impeach-
ment) shall be tried in the state where they shall be
committed. The trials shall be open and publick, and
be by jury.
ARTICLE X.
Immediately after the first census of the people of
the United States, the house of delegates shall appor-
tion the senate by electing for each state, out of the
citizens resident therein, one senator for every
members such state shall have in the house of dele-
gates. Each state shall be entitled to have at least
one member in the senate.
ARTICLE XI.
No state shall grant letters of marque and reprisal,
or enter into treaty, or alliance, or confederation 5 nor
grant any tide of nobility ; nor, without the consent of
the legislature of the United States, lay any impost on
imports ; nor keep troops or ships of war in time of
peace ; nor enter into compacts with other states or
foreign powers, or emit bills of credit, or make any
thing but gold, silver, or copper, a tender in payment
of debts ; nor engage in war, except for sell defence
when actually invaded, or the danger of invasion is so
great as not to admit of a delay until the government
of the United States can be informed thereof. And to
render these prohibitions effectual, the legislature of
80 JOURNAL OF THE [M&y 29.
the United States shall have the power to revise the
laws of the several states that may be supposed to in-
fringe the powers exclusively delegated by this con-
stitution to Congress, and to negative and annul such
as do.
ARTICLE XII.
The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several
states. Any person, charged with crimes in any state,
fleeing from justice to another, shall, on demand of the
executive of the state from which he fled, be delivered
up, and removed to the state having jurisdiction of the
offence.
ARTICLE XIII.
Full faith shall be given, in each state, to the acts
of the legislature and to the records and judicial pro-
ceedings of the courts and magistrates of every state.
ARTICLE XIV.
The legislature shall have power to admit new states
into the union on the same terms with the original
states ; provided two thirds of the members present in
both houses agree.
ARTICLE XV.
On the application of the legislature of a state, the
United States shall protect it against domestick insur-
rection.
ARTICLE XVI.
If two thirds of the legislatures of the states applv
May 30.] FEDERAL CONVENTION. 81
for the same, the legislature of the United States shall
call a convention for the purpose of amending the con-
stitution : Or, should Congress, with the consent of two
thirds of each house, propose to the states amendments
to the same, the agreementi)f two thirds of the legis-
latures of the states shall be sufficient to make the said
amendments parts of the constitution.
The ratification of the conventions of
states shall be sufficient for organizing
this constitution.
Ordered, That the said draft be referred to the
committee of the whole house appointed to consider of
the state of the American union.
And then the house adjourned till to-morrow morning
at 10 o'clock.
WEDNESDAY, MAY 30, 1787.
The honourable Roger Sherman, Esq. a deputy of
the state of Connecticut, attended and took his seat.
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN A COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham, chosen by ballot, took the chair of the
committee.
The propositions offered yesterday to the considera-
tion of the house, by Mr. Randolph, were read ; and
on motion of Mr. Randolph, seconded by Mr. G. Mor-
11
82 JOURNAL OF TllK [May 30.
ris, " That the consideration of the first resolution con-
'*tained in the said propositions be postponed,"
It passed in the affirmative.
It was then raoved by Mr. Randolph, and seconded
by Mr. G. Morris, to substitute the following resolution
in the place of the first resolution :
Resolved, That an union of the states, merely fede-
ral, will not accomplish the objects proposed by the ar-
ticles of confederation, namely,
"Common defence, security of liberty, and general
•' welfare."
It was moved by Mr. Butler, seconded by Mr. Ran-
dolph, to postpone the consideration of the said reso-
lution, in order to take up the following resolution,
submitted by Mr. Randolph, namely,
Resolved, That a national government ought to be
established, consisting of a supreme legislative, judi-
ciary, and executive.
It was moved by Mr. Read, seconded by Mr. C. C.
Pinckney, to postpone the consideration of the last re-
solution, in order to take up the following :
Resolved, That in order to carry into execution the
design of the states, in forming this convention, and to
accomplish the objects proposed by the confederation,
" a more effective government consisting of a legisla-
" tive, judiciary, and executive,- ought to be establish-
"ed."
On the question to postpone, in order to take up the
last resolution, the question was lost.
Yeas — Massachusetts, Connecticut, Delaware, South
Carolina 4
Nays — New York, Pennsylvania, Virginia, North
Carolina 4
May 30.] FEDERAL CONVENTION. 83
On motion to agree to the said resolution moved by
Mr. Butler, it passed in the affirmative ; and the resolu-
tion as agreed to, is as follows :
Resolved, That it is the opinion of this committee
that a national government ought to be established
consisting of a supreme legislative, judiciary, and
executive.
Yeas — Massachusetts, Pennsylvania, Delaware, Vir-
ginia, North Carolina, South Carolina - - 6
Nay — Connecticut I
Divided — New York - - - - i
The following resolution was then moved by Mr.
Randolph :
Resolved, That the rights of suffrage in the national
legislature ought to be proportioned to the quotas of
contribution, or to the number of free inhabitants, as
the one or the other rule may seem best in different
cases.
It was moved by Mr. Hamilton, seconded by Mr.
Spaight, that the resolution be altered so as to read,
Resolved, That the rights of suffrage in the national
legislature ought to be proportioned to the number of
free inhabitants.
It was moved and seconded, that the resolution be
postponed ;
And on the question to postppne,
It passed in the affirmative.
The following resolution w^as moved by Mr. Ran-
dolph, seconded by Mr. Madison :
Resolved, That the rights of suffrage in the national
legislature ought to be proportioned.
It was moved and seconded to add the words, *' and
•'not according to the present system."
On the question to agree to the amendment.
84 JOURNAL OF THE [May 30.
It passed in the afllrmalive.
It was then moved and seconded so to alter the reso-
lution that it should read,
Resolved, That the rights of suffrage in the national
legislature ought not to be according
It was then moved and seconded to postpone the
consideration of the last resolution.
And on the question to postpone,
It passed unanimously in the affirmative.
The following resolution was then moved by Mv,
Madison, seconded by Mr. G. Morris :
Resolved, That the equality of suffrage, established
by the articles of confederation, ought not to prevail
in the national legislature ; and that an equitable ratio
of representation ought to be substituted.
It was moved and seconded to postpone the conside-
ration of the last resolution.
And on the question to postpone,
It passed in the affirmative.
It was moved and seconded that the committee de
now rise,
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a progress in the
matter to them referred ; and had directed him to move
that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house to
consider of the state of the American union.
And then the house adjourned till to-morrow at 10
o'clock, A. M.
May 31.] FEDERAI. CONVENTION.
THURSDAY, MAY 31, 1787.
The honourable William Pierce Esq. a deputy o.f
the state of Georgia, attended and took his seat.
The following credentials were produced and read.
[See p. 54.]
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
It was moved and seconded that the committee pwD-
ceed to the consideration of the following resolution,
submitted by Mr. Randolph :
" Resolved, That the national legislature ought to
•* consist of two branches."
And on the question to agree to the said resolution,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York, De-
laware, Virginia, North Carolina, South Carolina 7
Nay — Pennsylvania 1
It was then moved and seconded to proceed to the
consideration of the following clause of the fourth rcr
solution, submitted by Mr. Randolph :
^' Resolved, That the members of the first branch of
*' the national legislature ought to be elected by the
" people of the several states."
86 JOURNAL OF THE [May 31.
And on the question to agree to the said clause of
the fourth resolution,
It passed in the affirnaative.
Yeas — Massachusetts, New York, Pennsylvania.
Virginia, North Carolina, Georgia • . - 6
Nays — New Jersey, South Carolina - - 2
Divided — Connecticut, Delaware - - 2
It was then moved and seconded to postpone the
consideration of the remaining clauses in the said fourth
resolution.
And on the question to postpone the remaining clau-
ses of the said fourth resolution,
It passed in the affirmative.
It was then moved and seconded to proceed to the
consideration of the following resolution, being the
fifth submitted by Mr. Randolph :
" Resolved, That the members of the second branch
•' of the national legislature ought to be elected by
" those of the first out of," &c.
And on the question to agree to Uie said fifth resolu-
tion,
It passed in the negative.
Yeas — None.
Nays — Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Virginia, North Carolina, South
Carolina, Georgia 9
Divided — Delaware - . - - i
It was then moved and seconded to proceed to the
consideration of the following resolution, being the
sixth submitted by Mr. Randolph : «
** Resolved, That each branch ought to possess the
•'• right of originating acts : — That the national legisla-
** tare ought to be empowered to enjoy the legislative
May 31.] FEDERAL CONVENTION. 81
'' rights vested in Congress by the confederation : —
•'And moreover, to legislate in all cases, to which the
'' separate states are incompetent, or in which the har-
'• mony of the United States may be interrupted, by the
•' exercise of individual legislation : — To negative all
" laws, passed by the several states, contravening, in
•' the opinion of the national legislature, the articles of
" the union" — (the following words were added to this
clause on motion of Mr. Franklin) — " or any treaties
'' subsisting under the authority of the union."
Questions being taken separately on the foregoing
clauses of the sixth resolution, they were agreed to.
It was then moved and seconded to postpone the con-
sideration of the last clause of the sixth resolution,
namely,
" To call forth the force of the union against any
^' member of the union, failing to fulfil its duty under
•• the articles thereof."
On the question to postpone the consideration of said
clause,
It passed in the affirmative.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house, to
consider of the state of the American union.
And then the house adjourned till to-morrow at 10
o'clock, A. M.
JOURNAL OF THE [June 1.
FRIDAY, JUNE 1, 1787.
The honourable William Houstoun, Esq. a deputy of
the state of Georgia, attended and took his seat.
The following credential was produced and read
[See p. 54.]
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
It was moved and seconded to proceed to the con-
sideration of the seventh resolution submitted by Mr.
Randolph, namely,
" Resolved, That a national executive be instituted,
" to be chosen by the national legislature, for the term
" of years ; to receive punctually, at stated limes,
" a fixed compensation for the services rendered, in
^' which no increase or diminution shall be made, so as
" to affect the magistracy existing at the time of such
" increase or diminution ; and to be ineligible a se-
" cond time ; and that, besides a general authority to
" execute the national laws, it ought to enjoy the exe-
" cutive rights vested in Congress by the confedera-
" tion."
On motion of Mr. Wilson, seconded by Mr. C.
Pinckney, to amend the first clause of the resolution.
June 1.] FEDERAL CONVENTION. 89
by adding, after the word " instituted," the words " to
" consist of a single person," so as to read,
" Resolved, That a national executive to consist of
" a single person be instituted,"
It was moved and seconded to postpone the conside-
ration of the amendment.
And, on the question to postpone,
It passed in the affirmative.
It was then moved and seconded to agree to the first
clause of the resolution, namely,
" Resolved, That a national executive be iostitut-
''ed."
And on the question to agree to the said clause,
It passed in the affirmative.
It was then moved by Mr. Madison, seconded by
Mr. Wilson, after the word " instituted," to add the
words " with power to carry into execution the na-
" tional laws ; to appoint to offices in cases not other-
" wise provided for ; and to execute such other powers,
•' not legislative or judiciary in their nature, as may
*' fi'om time to time bo delegated by the national le-
•• gislature.' '
And on a division of the amendment the following
clauses were agreed to, namely,
" With power to carry into execution the national
•' laws ; to appoint to offices incases not otherwise pro-
•• vided for."
Yeas — Massachusetts, New York, New Jersey,
Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina, Georgia - - - - 9
Divided — Connecticut - - . - l
On the motion to continue the last clause o^ the
amendment, namely,
12
90 JOURNAL OF THE [June 1.
"And to execute such other powers, not legislative
or judiciary in their nature, as may from time lo time
be delegated by the national legislature,"
It passed in the negative.
Yeas — Massachusetts, Virginia, South Carolina 3
Nays — Connecticut, New York, New Jersey, Penn-
sylvania, Delaware, North Carolina, Georgia 7
It was then moved and seconded to fill up the blank
with the word " seven ;" so as to read — " for the term
" of seven years."
And on the question to fill up the blank with the word
" seven,"
It passed in the affirmative.
Yeas — New York, New Jersey, Pennsylvania, De-
laware, Virginia ------ 5
Nays — Connecticut, North Carolina, South Carolina,
Georgia 4
Divided — Massachusetts - - - - 1
It was then moved and seconded to postpone the
consideration of the following words, namely,
" To be chosen by the national legislature."
And on the question to postpone,
It passed in the affirmative.
It was then moved and seconded, that the committee
do now rise, and report a further progress.
The committee then rose.
IN the house.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
June 2.] FEDERAL CONVENTION. 91
Resolved, That this house will to-morrow again re-
solve itself into a comniittee of the whole house to
consider of the state of the American union.
And then the house adjourned till to-morrow at 10
o'clock, A. M.
SATURDAY, JUNE 2, 1787.
The honourable William Samuel Johnson, Esq. a
deputy of the state of Connecticut, and the honourable
Daniel of St. Thomas Jenifer, a deputy of the state of
Maryland, and the honourable John Lansing, jun. a
deputy from the state of New York, attended and
took their seats.
The following credentials were produced and read.
[See pp. 20, 22, 34.]
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
It was moved and seconded to postpone the further
consideration of the resolution submitted by Mr. Ran-
dolph, which respects the executive, in order to take
up the consideration of the resolution respecting the
second branch of the legislature.
And on the question to postpone,
It passed in the negative.
Yeas — New York, Pennsylvania, Maryland 3
Nays — Massachusetts, Connecticut, Delaware, Vir-
ginia, North Carolina, South Carolina, Georgia 7
92 JOURNAL OF THE [June 2.
It was then moved and seconded to postpone the
consideration of these words, namely,
" To be chosen by the national legislature," in or-
der to take up the following resolution submitted by
Mr. Wilson, namely,
" Resolved, That the executive magistracy shall be
'' elected in manner following :
" That the states be divided into districts ;
" and that the persons qualified to vote in each district
" elect members for their respective districts to
" be electors of the executive magistracy.
" That the electors of the executive magistracy meet ;
" and they or any of them shall elect by ballot, but not
" out of their own body, person in whom
""the executive authority of the national government
^' shall be vested."
And on the question to postpone,
It passed in the negative.
Yeas — Pennsylvania, Maryland - - 2
Nays — Massachusetts, Connecticut, Delaware, Vir-
ginia, North Carolina, South Carolina, Georgia 7
Divided — New York - - - . i
It was then moved and seconded to agree to the
words in the resolution, submitted by Mr. Randolph,
so as to read, " to be chosen by the national legisla-
" ture for the term of seven years."
And on the question to agree to these words,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York, De-
laware, Virginia, North Carolina, South Carolina,
Georgia - 8
Nays — Pennsylvania, Maryland - - 2
It was then moved and seconded, to postpone the
June 2] FEDERAL CONVENTION. 93
consideration of that part of the resolutioa, as sub-
mitted by Mr. Randolph, which respects the stipend of
the executive, in order to introduce the following mo-
tion made by Dr. Franklin, namely,
" Whose necessary expenses shall be defrayed, but
" who shall receive no salary, stipend, fee, or reward
" whatsoever, for their services."
And on the question to postpone,
It passed in the affirmative.
It was then moved and seconded to postpone the
consideration of the said motion offered by Dr. Frank-
lin.
And on the question to postpone,
It passed in the affirmative.
It was then moved by Mr. Dickinson, seconded by
Mr. Bedford, to amend the resolution before the com-
mittee, by adding, after the words " to be chosen by
^* the national legislature for the term of seven years,''
the following words :
"To be removable by the national legislature upon
•' request by a majority of the legislatures of the in-
" dividual states."
It was moved and seconded to strike out the words
" upon request by a majority of the legislatures of the
'• individual states."
On the question to strike out,
It passed in the negative.
Yeas — Connecticut, South Carolina, Georgia 3
Nays — Massachusetts, New York, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina 7
The question being taken to agree to the amendment
offered by Mr. Dickinson,
It passed in the negative.
94 JOURNAL OF THE [June 2.
Yea — Delaware 1
Nays — Massachusetts, Connecticut, New York,
Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia - - - - 9
The question being then taken on the words con-
tained in the resolution submitted by Mr. Randolph,
namely,
" To be ineligible a second time,"
It passed in the affirmative.
Yeas — Massachusetts, New York, Delaware, Mary-
land, Virginia, North Carolina, South Carolina, Geor-
gia - - 8
Nay — Connecticut . - , - * l
Divided — Pennsylvania - - - - 1
It was then moved by Mr. Williamson, seconded by
Mr. Davie, to add the following words to the last clause
of the resolution respecting the executive, namely,
" And to be removable on impeachment and convic-
" tion of mal practice, or neglect of duty."
On the motion to add the words.
It passed in the affirmative.
It was then moved by Mr. Rutledge, seconded by
Mr. C Pinckney, to fill up the blank after the words
''executive to consist of" with the words " one per-
" son."
It was then moved and seconded, to postpone the
consideration of the last motion.
And on the question to postpone,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York,
North Carolina, South Carolina, Georgia • 6
Nays — Pennsylvania, Delaware, Maryland, Virgi-
nia 4
Jane 4.] FEDERAL CONVENTION. 95
It was then moved and seconded, that the commit-
tee do now rise, report a further progress, and request
leave to sit again.
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
Resolved, That this house will on Monday again
resolve itself into a committee of the whole house to
consider of the state of the American union.
And then the house adjourned till Monday next, at
11 o'clock, A.M.
MONDAY, JUNE 4, 1787.
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
It was moved and seconded to proceed to the fur-
ther consideration of the propositions submitted to the
committee by Mr. Randolph — when.
On motion of Mr. C. Pinckney, seconded by Mr,
Wilson, to fill up the blank after the words " that a na-
m JOURNAL OF THE [June 4.
"tional executive be instituted to consist of," with the
words, " a single person,"
On the question to fill up the blank with the words,
"a single person,"
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
Nays — New York, Delaware, Maryland - 3
It was then moved and seconded, to take into consi-
deration the first clause of the eighth resolution sub-
mitted by Mr. Randolph, namely,
" Resolved, That the national executive and a con-
" venient number of the national judiciary ought to
" compose a council of revision."
It was then moved and seconded to postpone the
consideration of the said clause, in order to introduce
the following resolution, submitted by Mr. Gerry,
namely,
" Resolved, That the national executive shall have
" a right to negative any legislative act, which shall
" not be afterwards passed, unless by parts of
" each branch of the national legislature."
And on the question to postpone.
It passed in the affirmative.
Yeas — Massachusetts, New York, Pennsylvania,
North Carolina, South Carolina, Georgia - 6
Nays — Connecticut, Delaware, Maryland, Virgi-
nia 4
It was then moved by Mr. Wilson, seconded by Mr.
Hamilton^ to strike out the words, ''shall not be after-
'' wards passed but by parts of each branch of
'•' (he national legislature."
June 4.] FEDERAL CONVENTION. 97
And on the question to strike out the words,
It passed unanimously in the negative.
It was then nioved by Mr. Butler, seconded by Dr.
Franklin, that the resolution be altered so as to read,
" Resolved, That the national executive have a
•' power to suspend any legislative act for"
And on the question to agree to the alteration,
' It passed unanimously in the negative.
A question was then taken on the resolution submit-
ted by Mr. Gerry, namely,
" Resolved, That the national executive shall have
*' a right to negative any legislative act, which shall not
•* be afterwards passed, unless by two third parts of
*' each branch of the national legislature."
And on the question to agree to the same.
It passed in the affirmative.
Yeas — Massachusetts, New York, Pennsylvania,
Delaware, Virginia, North Carolina, South Carolina,
Georgia 8
Nays — Connecticut, Maryland - - - 2
It was then moved by Mr. Wilson, and seconded by
Mr. Madison, that the following amendment be made
to the last resolution, after the words " national execu-
" tive," to add the words, " a convenient number of
•' the national judiciary."
An objection of order being taken, by Mr. Hamil-
ton, to the intrwluction of the last amendment at this
time — notice was given by Mr. Wilson, seconded by
Mr. Madison, that the same would be moved to-morrow.
Wednesday assigned to reconsider.
It was then moved and seconded to proceed to the
consideration of the ninth resolution submitted by Mr.
98 JOURNAL OF THE [June 5 .
Randolph : — when, on motion to agree to the first clause,
namely,
*' Resolved, That a national judiciary be establish-
"ed,"
It passed in the affirmative.
It was then moved and seconded to add these words
to the first clause of the ninth resolution, namely,
" To consist of one supreme tribunal, and of one or
" more inferior tribunals."
And on the question to agree to the same,
It passed in the affirmative.
It was then moved and seconded, that the committee
do now rise, report a further progress, and request
leave to sit again.
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported, from the committee,
That the committee had made a further progress in
the matter to them referred ; and directed him to move
that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house to
consider of the state of the American union.
And then the house adjourned till to-morrow at 1 1
o'clock, A. M.
TUESDAY, JUNE 5, 1787.
His excellency William Livingston, Esq. a deputy
June 5.] FEDERAL CONVENTION. 99
of the state of New Jersey, attended and took his
seat.
The following credentials were then produced and
read. [Seep. 26.]
' The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE,
Mr. Gorham in the chair.
It was moved and seconded to proceed to the further
consideration of the ninth resolution submitted by Mr.
Randolph.
It was then moved and seconded to amend the last
clause by striking out the words " one or more," so as
to read, " and of inferior tribunals."
And on the question to strike out,
It passed in the affirmative.
It was then moved and seconded to strike out the
words " the national legislature," so as to read, " to
" be appointed by."
On the question to strike out,
It passed in the affirmative.
Notice was given by Mr. Wilson, that he should, at
a future day, move for a reconsideration of that clause
which respects " inferior tribunals."
Mr. C. Pinckney gave notice, that when the clause
which respects the appointment of the judiciary came
before the committee, he should move to restore the
words " the national legislature."
100 - JOURNAL OF THE [June 5,
It was then moved and seconded to agree to the fol-
I'owingpart of the ninlh resolution, namely,
*' To hold their offices during good behaviour ; and
"to receive punctually, at stated times, a fixed com-
" pensation for their services, in which no increase or
"diminution shall be made, so as to aflVci the persons
" actually in office, at the time of such increase or di-
"minution."
And on the question to agree to the same,
It passed in the affirmative.
It was then moved and seconded to postpone the re-
maining clause of the ninth resolution.
And on the question to postpone,
It passed in the affirmative.
On the question to agree to the tenth resolution, as
submitted by Mr. Randolph, namely,
" Resolved, That provision ought to be made for
" the admission of states lawfully arising within the
" limits of the United States, whether from a voluntary
"junction of government and territory, or otherwise,
" with the consent of a number of voices in the na-
" tional legislature less than the whole,"
It passed in the affirmative.
It was moved and seconded to postpone the conside-
ration of the eleventh resolution submitted by Mr.
Randolph.
And on the question to postpone,
It passed in the affirmative.
Yeas — Massachusetts, New York, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, Geor-
gia -8
Nays — Connecticut, South Carolina - - 2
June 5.] FEDERAL CONVENTION. lOi
On the question to agree to the twelfth resolution
submitted by Mr. Randolph, namely,
" Resolved that provision ought to be made for the
"continuance of a congress, and their authorities and
" privileges, until a given day, after the reform of the
^' articles of union shall be adopted, and for the com-
"pletion of all their engagements,"
It passed in the affirmative.
Yeas — Massachusetts, New York, Pennsylvania,
Maryland, Virginia, North Carolina, South Carolina,
Georgia -------8
Nays — Connecticut, Delaware - - - 2
It was then moved and seconded to postpone the
consideration of the thirteenth resolution submitted by
Mr. Randolph.
And on the question to postpone,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York,
Pennsylvania, Delaware, Maryland, North Carolina 7
Nays — Virginia, South Carolina, Georgia - 3
It was moved and seconded to postpone the conside-
ration of the fourteenth resolution submitted by Mr.
Randolph.
And on the question to postpone.
It passed in the affirmative.
Yeas — Connecticut, New Jersey, Maryland, Virgi-
nia, South Carolina, Georgia . . . 6
Nays — New York, Pennsylvania, Delaware, North
Carolina 4
Divided — Massachusetts . - - - i
* It was moved and seconded to postpone the con-
sideration of the fifteenth resolution submitted by Mr.
Randolph.
KNI JOURNAL OF THE [June 5.
And on the question to postpone,
It passed in the affirmative.
It was moved by Mr. C. Pinckney, seconded by Mr.
Rutledge, that to-morrow be assigned to reconsider that
clause of the fourth resolution, which respects the
election of the first branch of the national legislature.
And on the question to reconsider the same to-mor-
row,
It passed in the affirmative.
Yeas — Connecticut, New York, Pennsylvania, De-
laware, Maryland, Virginia - - - - 6
Nays — Massachusetts, New Jersey, North Carolina,
South Carolina, Georgia ... - §
It was moved by Mr. Rutledge, seconded by Mr.
Sherman, to strike out the following words in the ninth
resolution submitted by Mr. Randolph, namely,
" And of inferior tribunals."
And on the question to strike out,
it passed in the affirmative.
" Yeas — Connecticut, New Jersey, North Carolina,
South Carolina, Georgia - - , - 5
Nays — Pennsylvania, Delaware, Maryland, Virgi-
nia 4
Divided — Massachusetts, New York - - 2
It was then moved and seconded, that the following
clause be added to the ninth resolution, namely,
• '* That the national legislature be empowered to ap-
<' point inferior tribunals."
And on the question to agree to the same.
It passed in the affirmative.
Yeas — Massachusetts, Pennsylvania, Delaware, Ma-
iryland, Virginia, North Carolina, Georgia - 7
Nays — Connecticut, New Jersey, South Carolina 3
3me 6.3 FEDERAL CONVENTION. 1Q3
Divided — New York . - . - 1
It was then moved and seconded that the committee
do now rise, report a further progress, and request
leave to sit again.
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house to
consider of the state of the American union.
And then the house adjourned till to-morrow at 1 1
o'clock, A. M.
WEDNESDAY JUNE 6, 1787.
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE*
Mr. Gorham in the chair.
It was moved by Mr. C. Pinckney, seconded by Mr.
Rutledge, to strike the word " people" out of the fourth
104 . JOURNAL OF THE [June 6. ^
resolution submitted by Mr. Randolpb, and to insert
in its place the word " legislatures" so as to read,
" Resolved, That the members of the first branch
" of the national legislature ought to be elected by the
" legislatures of the several states."
And on the question to strike out,
It passed in the negative.
Yeas — Connecticut, New Jersey, South Carolina 3
Nav^s — Massachusetts, New York, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, Geor-
gia 8
On motion of Mr. Wilson, seconded by Mr. Madi-
son, to amend the eighth resolution, which respects the
negative to be vested in the national executive, by add-
ing, after the words " national executive," the words
" with a convenient number of the national judiciary,"
On the question to agree to the addition of these
words,
It passed in the negative.
Yeas — Connecticut, New York, Virginia - 3
Nays — Massachusetts, New Jersey, Pennsylvania.
Delaware, Maryland, North Carolina, South Carolina,
Georgia - - -- - - - 8
Mr. C. Pinckney gave notice, that to-morrow he
should move for the reconsideration of that clause in
the resolution, adopted by the committee, which vests
a negative in the national legislature on the laws of the
several states..
Friday assigned to reconsider.
It was then moved and seconded, that the committee
do now rise, report a further progress, and request
leave to sit again.
The committee then rose.
June 7.] FEDERAL CONVENTION. 105
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house, to
consider of the state of the American union.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
THURSDAY, JUNE 7, 1787.
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair*
I.V COMMITTEE OP THE WHOLE HOUSE.
Mr. Gorham in the chair.
The following resolution was submitted by Mr.
Dickinson, seconded by Mr. Sherman, namely,
" Resolved, That the members of the second branch
"of the national legislature ought to be chosen by the
'■' individual legislatures."
It was then moved and seconded, to postpone the
last resolution, in order to introduce the following,
14
106 JOURNAL OF THE [June 7.
submitted by Mr. Wilson, seconded by Mr. Morris,
namely,
" Resolved, That the second branch of the national
" legislature be elected by the people in districts, to
" be formed for that purpose."
And on the question to postpone,
It passed it the negative.
Yea — Pennsylvania ----- 1
Nays — Massachusetts, Connecticut, New York, New
Jersey, Delaware, Maryland, Virginia, North Caro-
lina, South Carolina, Georgia - - - 10
A question was then taken on the resolution submit-
ted by Mr. Dickinson, namely,
" Resolved, That the members of the second branch
•' of the national legislature ought to be chosen by the
'^ individual legislatures."
And on the question to agree to the same.
It passed unanimously in the affirmative,
Mr. Gerry gave notice, that he would to-morrow
move for the reconsideration of the resolution, which
respects the appointment of the national executive —
when he should offer to substitute the following mode
of appointing the national executive, namely,
" By the executives of the several states."
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
June 8.] FEDERAL CONVENTION, 107
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house, to
consider of the state of the American union.
And then the house adjourned till to-morrow, at 10
o'clock, A. M.
FRIDAY, JUNE 8, 1787.
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE.
Mr, Gorham in the chair.
It was moved by Mr. Pinckney, seconded by Mr.
Madison, to strike out the following words in the sixth
resolution adopted by the committee, namely,
" To negative all laws passed by the several states
" contravening, in the opinion of the national legisla-
" ture, the articles of union, or any treaties subsisting
*' under the authority of the union." And to insert
the following words in their place, namely,
'' To negative all laws which to them shall appear
•'improper."
And on the question to strike out,
It passed in the negative.
Yeas — Massachusetts, Pennsylvania, Virginia 3
Nays — Connecticut, New York, New Jersey, Mary-
land, North Carolina, South Carolina, Georgia 7
Divided — Delaware ----- l
108 JOURNAL OF THE [June 8.
It was moved by Mr. Gerry, seconded by Mr. King,
to reconsider that clause of the seventh resolution
adopted by the committee, which respects the appoint-
ment of the national executive.
On the question to reconsider,
It passed in the affirmative.
Yeas — Massachusetts, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, South.
Carolina, Georgia 9
Nays — Connecticut, North Carolina - - 2
And to-morrow was assigned for the reconsideration.
It was then moved by Mr. C. Pinckney, seconded by
Mr, Rutledge, that the following resolution be added
after the fourth resolution adopted by the committee,
namely,
*'' Resolved, That the states be divided into three clas-
^' ses ; the first class to have three members, the second
" two, and the third one member each ; — that an esti-
"mate be taken of the comparative importance of each
"state, at fixed periods, so as to ascertain the number
" of members they may from time to time be enti-
«lled to."
Before any debate was had, or determination taken
on Mr. Pinckney's proposition, it was moved and se-
conded, that the committee do now rise, report a fur-
ther progress, and request leave to sit again.
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
June 9.] FEDERAL CONVENTION. 109
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house to con-
sider of the state of the American union.
And then the house adjourned till to-morrow, at V,
o'clock, A. M.
SATURDAY, JUNE 9, 1787.
The honourable Luther Martin, Esq. one of the de-
puties of the state of Maryland, attended and took his
seat.
The order of the day being read,
The house resolved itself into a committee of the
whole house, to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
A question being taken on Mr. Gerry's motion to
strike out the following words, in that clause of the se-
venth resolution, adopted by the committee, which re-
spects the appointment of the national executive,
namely,
" To be chosen by the national legislature 5" and to
insert, " to be chosen by the executives of the indi-
*' vidual states,"
It passed in the negative.
Yeas — None.
Nays — Massachusetts, Connecticut, New York, Nc\r
110 JOURNAL OF THE [June 1l.
Jersey, Pennsylvania, Maryland, Virginia, North Ca-
rolina, South Carolina, Georgia - - - 10
Divided — Delaware ----- 1
It was moved by Mr. Patterson, seconded by Mr*
Brearly, to enter on the consideration of the
resolution submitted by Mr^ Randolph.
After some time passed in debate.
It was moved and seconded, that the committee do
now rise, report a further progress, and request leave
to sit again.
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee, that the
committee had made a further progress in the matter
to them referred ; and had directed him to move that
they may have leave to sit again.
Resolved, That this house will, on Monday next,
again resolve itself into a committee of the whole
house to consider of the state of the American union.
And then the house adjourned till Monday next, at
1 1 o'clock, A. M.
MONDAY, JUNE 11, 1787.
The honourable Abraham BaWwin, Esq. one of the
deputies of the state of Georgia, attended and took his
seat.
The order of the day being read,
The house resolved itself into a committee of the
June 11.] FEDERAL CONVENTION. Ill
whole house to consider of the state of the American
union.
Mr. President left the chair.
Iir COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorh^m in the chair.
It was moved by Mr. King, seconded by Mr. Rut-
ledge, to agree to the following resolution, namely,
*' Resolved, That the right of suffrage in the first
•' branch of the national legislature ought not to be ac-
" cording to the rule established in the articles of con-
" federation, but according to some equitable ratio of
'■^ representation."
And on the question to agree to the same,
It was passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
Nays — New York, New Jersey, Delaware - S
Divided — Maryland I
It was then moved by Mr. Rulledge, seconded hy
Mr. Butler, to add the following words to the last re-
solution, namely,
" According to the quotas of contribution."
It was moved by Mr. Wilson, seconded by Mr. G.
Pinckney, to postpone the consideration of the last,
motion, iu order to introduce the following words, after
the words " equitable ratio of representation," name-
" In proportion to the whole number of white and
" other free citizens and inhabitants of every age, sex.
" and condition, including those bound to servitude for
•^' a terra of years, and three fifths of all other persons
lit JOURNAL OF THE [June 11.
"not comprehended in the foregoing description, ex-
" cept Indians, not paying taxes, in each state."
On the question to postpone.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Maryland, Virginia, North Ca-
rolina, South Carolina, Georgia - - - 10
Nay — Delaware 1
On the question to agree to Mr, Wilson's motion,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York,
Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia - . - - 9
Nays — New Jersey, Delaware - - - 2
It was moved by Mr. Sherman, seconded by Mr.
Ellsworth, " that in the second branch of the na-
" tional legislature each state have one vote."
On the question to agree to the same,
It passed in the negative.
Yeas — Connecticut, New York, New Jersey, Dela-
ware, Maryland 5
Nays — Massachusetts, Pennsylvania,Virginia, North
Carolina, South Carolina, Georgia - - 6
It was then moved by Mr. Wilson, seconded by Mr.
Hamilton, to adopt the following resolution, namely,
"Resolved, That the right of suffrage in the second
" branch of the national legislature, ought to be ac-
" cording to the rule established for the first."
On the question to agree to the same,
It passed in the affirmative.
Yeas — Massachusetts, Pennsylvania,Virginia, North
Carolina, South Carolina, Georgia - - - 6
June 11.] FEDERAL CONVENTION. 113
Nays — Connecticut, New York, New Jersey, Dela-
ware, Maryland 5
It was moved and seconded to amend the eleventh
resolution submitted by Mr. Randolph, by adding the
words " voluntary junction, or partition."
Passed in the affirmative.
Yeas — Massachusetts, New York, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
Nays — Connecticut, New Jersey, Delaware, Mary-
land 4
It was moved and seconded, to amend the
resolution, by adding the words ^' national govern-
*' ment" after the words
Yeas — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
Nays— New York, New Jersey, ,Delawai-e, Mary-
land 4
It was moved and seconded, to agree to the eleventh
resolution submitted by Mr. Randolph ; and amended
to read as follows :
" Resolved, That a republican constitution, and its
" existing laws, ought to be guarantied to each state.
" by the United States."
And on the question to agree to the same,
It passed unanimously in the affirmative.
It was then mov«d and seconded, to agree to t^e
following resolution :
''Resolved, That provision ought to be made for
" the amendment of the articles of union, whensoever
" it shall seem necessary."
On the question to agree to the same.
It passed in the affirmative.
It was agreed to postpone the following clause in
15
114 JOtvmNAL OF THIS [JHme 11.
the fchirteeftt^ fesoiution submitted by Mr. Randolph,
tiamely,
"And that th« assent of the national legislature
" ougfet not to be required thereto."
It was theri moved and seconded, Jo-agree to the
fourteenth resolution submitted by Mr. Randolph,
nai^ly,
" Resolved, That the legislative, executive, and judi-
" ciary powers within the several states, ought to be
'* bound by oath to support the articles of union."
It was then moved by Mr. Martin, seconded by
to strike out the words, " within the
^' several states."
And on the question to strike out.
It passed in the negative.
Yeas— Connecticut, New Jersey, Delaware, Mary-
land - 4
Nays — Massachusetts, New York, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
It was then moved and seconded to agree to the
fourteenth resolution as submitted by Mr. Randolph.
And on the question to agree to the same,
It passed in the affirmative.
Yeas — Massachusetts, Pennsylvania, Virginia, North
Garblina, South Carolina, Georgia - - - 6
Navs — Connecticut, New York, New Jersey, Dela-
ware, Maryland 5
It was moved and seconded to agree to the fifteenth
resolution submitted by Mr. Randolph.
And on the question to agree to the same.
It passed in the affirmative.
Yeas — Massachusetts, Virginia, North Carolina,
South Carolina, Georgia ... - 5
Jane Ij2.] FEDERAL CONVENTION. 1|$
Nays — Connecticut, New York, New Jersey, 3
Divided — Delaware, Maryland - - - 2
It was then moved and seconded, that the committee
do now rise, report a further progress, and request
leave to sit again.
The committee then rose.
IN THE HOUSE*
Mr. President resumed the chair,
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house to
consider of the state of the American union.
And then the house adjourned till to-morrow at 1 1
o'clock, A. M.
TUESDAY, JUNE 12, 1787.
The order of the day being read.
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
IN COMMITTEE OP THE WHOLE HOUSE.
Mr. (jrorham in the chair.
it was moved and seconded to fill up the blank in
the fourth resolution, respecting the term for which the
lie JOURNAL OF THE [June 12.
members of the first branch of the national legislature
shouM be chosen with the words " three years."
On the motion to fill up with " three years,"
It passed in the affirmative.
Yeas — New York, New Jersey, Pennsylvania, De-
laware, Maryland, Virginia, Georgia - - 7
Nays — Massachusetts, Connecticut, North Carolina,
South Carolina - - - - h3^H)m sear 4
It was moved and seconded to strike out the follow-
ing words in the fourth resolution, namely,
" To be of years at least."
And on the question to strike out.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Virginia, North Ca-
rolina, South Carolina, Georgia - - - 10
Nay — Maryland 1
It was moved and seconded, to add the words
" and fixed," after the word " liberal," in that clause
of the fourth resolution which respects the stipend of
the first branch.
Passed in the affirmative.
Yeas — New York, New Jersey, Penns^dvaoia, De-
laware, Maryland, Virginia, North Carolina, Geor-
gia - - - - ... 8
Nays — Massachusetts,Connecticut, South Carolina 3
It was then moved and seconded, to add the words
" to be paid out of the publick treasury."
Agreed to.
Yeas— Massachusetts, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, Geor-
gia 8
Nays— Connecticut, New York, South Carolina 3
June 12.] FEDERAL CONVENTION. 117
A question being taken on the clause respecting the
salary of the first branch,
It passed in the affirmative.
Yeas — Massachusetts, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, Geor-
gia . 8
Nays — Connecticut, New York, South Carolina 3
It was moved and seconded, to strike out the words.
*' by a particular state."
Passed in the negative.
Yeas — Connecticut, New York, North Carolina,
South Carolina 4
Nays — New Jersey, Pennsylvania, Delaware, Vir-
ginia, Georgia ------ 5
Divided — Massachusetts, Maryland - - 2
A question being taken on the clause which respects
the ineligibility of the members of the first branch,
It passed in the affirmative.
Yeas— Massachusetts, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, South Carolina, Georgia - - - 10
Nay — Connecticut 1
It w.as moved and seconded to amend the fourth re-
solution by inserting the words, ^'and under the na-
" tional government for the space of three years after
" its expiration."
Passed in the negative.
Yea — Maryland 1
Nays — Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Virginia, North Ca-
rolina, South Carolina, Georgia - - - 10
Moved and seconded to fill up the blank with " one
*' year."
146 JOURNAL OF THE [June Ifl.
Passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina ,,.--- 8
Nays — New York, Georgia ^ - - ^
Divided — Maryland ----- 1
It was moved and seconded to strike out the fgllow-
ing words, namely,
" To be incapable of re-election for the space of
" after the expiration of their term of service,
" and to be subject to recal."
On the question to strike out,
Passed in the affirmative.
It was moved and seconded, to strike oat the words
" to be of years at least," from tb€ fifth resolu-
tion.
Passed in the negative.
Yeas — Connecticut, New Jersey, Pennsylvania 3
Nays— Massachusetts, New York, Delaware, Ma-
ryland, Virginia, South Carolina - - . 6
Divided — North Carolina, Georgia - - 2
Moved to fill up the blank with " thirty."
Passed in the affirmative.
Yeas — Massachusetts, New York, Pennsylvania,
Maryland, Virginia, North Carolina, South Carolina 7
Nays — Connecticut, New Jersey, Delaware, Geor-
gia 4
Moved and seconded to fill up the blank «fter the
words " sufficient to ensure their independency," with
" seven years."
Passed in the affirmative.
Yeas— New Jersey, Pennsylvania, Delaware, Mary-
land, Virginia,North Carolina,South Carolina,Georgia 8
J^e m.'] FEDERAL CONVENTION. fttf
NAY-^Cdnnecticut 1
Divided — Massachusetts, New York - - 2
It was moved by Mr. Rutledge, seconded by Mr. But-
]^i to Strike out the clause which respects stipends
to be allowed to the second branch.
On the question to strike out,
Passed in the negative.
YsAS-^Connecticut, Delaware, South Carolina 3
NAYS-^New York, New Jersey, Pennsylvania, Ma-
ryland, Virginia, North Carolina, Georgia - 7
Divided— Massachusetts - - - •.- 1
It was then moved and seconded that the clause
which respects the stipends to be given to the second
branch, be the same as that of the first.
Passed in the affirmative.
It was moved and seconded, that the ineligibility of
the second branch to office be the same as the first.
Passed in the affirmative.
Yeas — Massachusetts, New York, New Jersey,Peni>-
sylvania, Delaware, Maryland, Virginia, North Caro-
lina, South Carolina, Georgia - - - 10
Nay — Connecticut 1
It was moved and seconded, to alter the resolution
submitted by Mr. Randolph, so as to read as follows,
namely,
" That the jurisdiction of the supreme tribunal shall
" be to hear and determine in the dernier resort all pi-
-'racies, felonies," &:c.
It was moved and seconded to postpone the whole
of the last clause generally.
It was then moved and seconded to strike out the
words " all piracies and felonies on the high seas."
Passed in the affirmative.
190 JOURNAL OF' THE [June 13.
It was moved and seconded to strike out the words
" all captures from an enemy."
Passed in the affirmative.
It was moved and seconded to strike out the words
''other states," and to insert the words "two distinct
states in the union."
Passed in the affirmative.
It was moved and seconded to postpone the conside-
ration of the resolution which respects the judiciary.
Passed in the affirmative.
It was then moved and seconded that the committee
do now rise, report a further progress, and request
leave to sit again.
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
move that they may have leave to sit again.
Resolved, That this house will to-morrow again re-
solve itself into a committee of the whole house to
consider of the state of the American union.
And then the house adjourned till to-morrow, at 11
o'clock, A. M.
WEDNESDAY, JUNE 13, 1787.
The order of the day being read,
The house resolved itself into a committee of the
whole house, to consider of the state of the American
union.
Mr. President left the chair.
June 13.] FEDERAL CONVENTION. 121
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
It was moved by Mr. Randolph, seconded by Mr.
Madison, to adopt the following resolution respecting
the national judiciary, namely,
" That the jurisdiction of the national judiciary shall
" extend to cases which respect the collection of the
" national revenue, impeachments of any national offi-
" cers, and questions which involve the national peace
" and harmony."
Passed in the affirmative.
It was moved by Mr. Pinckney, seconded by Mr.
Sherman, to insert after the words " one supreme tribu-
•*' nal," — " the judges of which to be appointed by the
'•' second branch of the national legislature."
Passed in the affirmative.
It was moved by Mr. Gerry, seconded by Mr. Pinck-
ney, to add the following words to the fifth resolution
adopted by the committee, namely,
" Excepting money bills, which shall originate in the
■• first branch of the national legislature."
Passed in the negative.
Yeas — New York, Delaware, Virginia - 3
Nays — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Maryland, North Carolina, South Caro-
lina, Georgia, - - - - - - 8
It was then moved and seconded, that the committee
do rise, and report the proceedings to the house.
The committee then rose.
36
12& JOURNAL OF THE [June 14.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee, having considered and gone
through the propositions offered to the house by the
honourable Mr. Randolph, and to them referred, were
prepared to report thereon 5 and had directed him to
submit the report to the consideration of the house.
The report was then dehvered in at the Secretary's
table, and having been once read,
It was moved by Mr. Randolph, seconded by Mr.
Martin, to postpone the further consideration of the re-
port till to-morrow.
And on the question to postpone,
It passed in the affirmative.
And then the house adjourned till to-morrow at 1 1
o'clock, A. M.
THURSDAY, JUNE 14, 1787.
It was moved by Mr. Patterson, seconded by Mr.
Randolph, that the further consideration of the report
from the committee of the whole house be postponed
till to-morrow ; and before the question for postpone-
ment was taken,
It was moved by Mr. Randolph, seconded by Mr.
Patterson, that the house adjourn.
And then the house adjourned till to-morrow, at 1 1
o'clock.
June 15.] FEDERAL CONVENTION. 123
FRIDAY, JUNE 15, 1787.
Mr. Patterson submitted several resolutions to the
consideration of the house, which he read in his place,
and afterwards delivered in at the Secretary's table.
They were then read.
PROPOSITIONS
OTFERED TO THE CONVENTION BY THE HONOURABLE
MR. PATTERSON, JUNE 15, 1787.*
1. Resolved, That the articles of confederation
ought to be so revised, corrected, and enlarged, as to
render the federal constitution adequate to the exigen-
cies of government, and the preservation of the union.
2. Resolved, That in addition to the powers vested
in the United States in Congress, by the present exist-
ing articles of confederation, they be authorized to
pass acts for raising a revenue, by levying a duty or
duties on all goods and merchandize of foreign growth
or manufacture, imported into any part of the United
States — by stamps on paper, vellum, or parchment, and
by a postage on all letters and packages passing through
the general post office — to be applied to such fede-
ral purposes as they shall deem proper and expedient ;
to make rules and regulations for the collection there-
of ; and the same from time to time to alter and amend,
in such manner as they shall think proper. To pass
acts for the regulation of trade and commerce, as well
* Paper farnished by general Bloomfield.
1«4 JOURNAL OF THE [June 15.
with foreign nations as with each other ; provided, that
all punishments, fines, forfeitures, and penalties, to be
incurred for contravening such rules and regulations,
shall be adjudged by the common law judiciary of the
states in which any offence contrary to the true intent
and meaning of such rules and regulations shall be
committed or perpetrated ; with liberty of commenc-
ing, in the first instance, all suits or prosecutions for
that purpose, in the superior common law judiciary of
such state ; subject, nevertheless, to an appeal for the
correction of all errors, both in law and fact, in render-
ing judgment, to the judiciary of the United States.
3. Resolved, That whenever requisitions shall be
necessary, instead of the present rule, the United
States in Congress be authorized to make such requi-
sitions in proportion to the whole number of white
and other free citizens and inhabitants of every age.
sex, and condition, including those bound to servitude
for a term of years, and three fifths of all other per-
sons not comprehended in the foregoing, description,
except Indians not paying taxes; that if such requisi-
tions be not complied with in the time to be specified
therein, to direct the collection thereof in the non-
complying states ; and for that purpose to devise and
pass acts directing and authorizing the same ; provid-
ed, that none of the powers hereby vested in the Unit-
ed States in Congress, shall be exercised without the
consent of at least states ; and in that pro-
portion, if the number of confederated states should
be hereafter increased or diminished.
4. Resolved, That the United States in Congress be
authorized to elect a federal executive to consist of
persons, to continue in office for the term of
June 15.] FEDERAL CONVENTION. 125
years ; to receive punctually, at stated times,
a fixed compensation for the services by them render-
ed, in which no increase or diminution shall be made,
so as to affect the persons composing the executive at
the time of such increase or diminution ; to be paid
out of the federal treasury ; to be incapable of holding
any other office or appointment during their time of
service, and for years thereafter ; to be ineligi-
ble a second time, and removable on impeachment and
conviction for malpractices or neglect of duty, by Con-
gress, on application by a majority of the executives
of the several states. That the executive, besides
a general authority to execute the federal acts, ought
to appoint all federal officers not otherwise provided
for, and to direct all military operations ; provided,
that none ot the persons composing the federal execu-
tive shall, on any occasion, take command of any
troops, so as personally to conduct any military enter-
prise as general or in any other capacity.
5. Resolved, That a federal judiciary be establish-
ed, to consist of a supreme tribunal, the judges of which
to be appointed by the executive, and to hold their
offices during good behaviour ; to receive punctually.
at stated times, a fixed compensation for their services,
in which no increase or diminution shall be made, so
as to affect the persons actually in office at the time of
such increase or diminution. That the judiciary, so
established, shall have authority to hear and determine
in the first instance, on all impeachments of federal
officers ; and by way of appeal, in the dernier resorf .
in all cases touching the rights and privileges of an>
bassadors ; in all cases of captures from an enemy ; in
all cases of piracies and felonies on the hicjh seas ; in
m JOURNAL OF THE [June 15.
all cases in which foreigners may be interested, in the
construction of any treaty or treaties, or which may
arise on any act or ordinance of Congress for the regu-
lation of trade, or the collection of the federal reve-
nue. That none of the judiciary officers shall, during
the time they remain in office, be capable of receiving
or holding any other office or appointment during their
term of service, or for thereafter.
e. Resolved, That the legislative, executive, and
judiciary powers within the several states, ought to be
bound, by oath, to support the articles of union.
7. Resolved, That all acts of the United States in
Congress assembled, made by virtue and in pursuance
of the powers hereby vested in them, and by the arti-
cles of the confederation, and all treaties made and
ratified under the authority of the United States, shall
be the supreme law of the respective states, as far as
those acts or treaties shall relate to the said states, or
their citizens ; and that the judiciaries of the several
states shall be bound thereby in their decisions, any
thing in the respective laws of the individual states to
the contrary notwithstanding.
And if any state, or any body of men in any state^
shall oppose or prevent the carrying into execution
such acts or treaties, the federal executive shall be au-
thorised to call forth the powers of the confederated
states, or so much thereof as may be necessary, to en-
force and compel an obedience to such acts, or an ob-
servance of such treaties.
8. Resolved, That provision ought to be made for
the admission of new states into the union.
9. Resolved, That provision ought to be made for
hearing and deciding upon all disputes arising between
June 16.] FEDERAL CONVENTION. 127
the United Stales and an individual state, respecting
territory.
10. Resolved, That the rule for naturalization ought
to be the same in every state.
11. Resolved, That a citizen of one state, commit-
ting an offence in another state, shall be deemed guilty
of the same offence as if it had been committed by a
citizen of the state in which the offence was commit-
ted.
It was moved by Mr. Madison, seconded by Mr.
Sherman, to refer the resolutions, offered by Mr. Pat-
terson, to a committee of the whole house.
Which passed in the affirmative.
It was moved by Mr. Rutledge, seconded by Mr.
Hamilton, to recommit the resolutions reported from a
committee of the whole house.
Which passed in the affirmative.
Resolved, That this house will to-morrow resolve
itself into a committee of the whole house to consider
of the state of the American union.
And then the house adjourned till to-morrow, at 11
o'clock, A. M.
SATURDAY, JUNE 16, 1787.
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
i28 JOURNAL OF THE [June 18.
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
After sometime passed in debate on the propositions,
offered by the honourable Mr. Patterson,
It was moved and seconded, that the committee do
now rise, report a further progress, and request leave
to sit again.
The committee then rose.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a progress in the
matter to them referred ; and had directed him to move
that they may have leave to sit again.
Resolved, That this house will, on Monday next,
again resolve itself into a committee of the whole house,
to consider of the state of the American union.
And then the house adjourned till Monday next, at
1 1 o'clock, A. M.
MONDAY, JUNE 18, 1787.
The order of the day being read.
The house resolved itself into a committee of ihe
whole house to consider of the state of the American
union.
Mr. President left the chair.
June 18.] FEDERAL CONVENTION. 12^
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
It was moved by Mr. Dickinson, seconded by
to postpone the consideration of the first resolution
submitted by Mr. Patterson, in order to introduce the
following, namely,
" Resolved, That the articles of confederation ought
"to be revised and amended, so as to render the go-
•' vernment of the United States adequate to the exi-
-' gencies, the preservation, and the prosperity of the
•' union."
And on the question to agree to the same.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York, New
Jersey, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia ... - 10
Divided — Pennsylvania - - - - 1
[See col. Hamilton's plan on the next page.]
It was then moved and seconded, that the committee
do now rise, report a further progress, and request
leave to sit again.
The committee then rose.
JN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee,
That the committee had made a further progress in
the matter to them referred ; and had directed him to
ratve that they may have leave to sit again.
17
190 JOURNAL OF THE [June 18.
Resolved, That the house will to-morrow again re-
solve itself into a committee of the whole house to con-
sider of the state of the American union.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
COL. HAMILTON'S PLAN OF GOVERNMENT.
THE FOLLOWING PAPER WAS READ BY COL. HAMILTON.
AS CONTAINING HIS IDEAS OF A SUITABLE PLAN OF
GOVERNMENT FOR THE UNITED STATES, IN A SPEECH
UPON THE FOREGOING MOTION OF MR. DICKINSON.*
. 1 • The supreme legislative power of the United States
of America to be vested in two distinct bodies of men,
the one to be called the assembly, the other the senate,
who, together, shall form the legislature of the United
States, with power to pass all laws whatsoever, subject
to the negative hereafter mentioned.
2. The assembly to consist of persons elected by
the people, to serve for three years.
3. The senate to consist of persons elected to serve
during good behaviour; their election to be made by
electors chosen for that purpose by the people. In
order to this, the states to be divided into election dis-
tricts. On the death, removal, or resignation of any
senator, his place to be filled out of the district from
which he came.
4. The supreme executive authority of the United
* Paper furnished by general Bloomfield,
June la] FEDERAL CONVENTION. l^X
States to be vested in a governour, to be elected to
serve during good behaviour. His election to be made
by electors, chosen by electors, chosen by the people
in the election districts aforesaid. His authorities and
functions to be as follows : —
To have a negative upon all laws about to be pass-
ed, and the execution of ail laws passed ; to have the
entire direction of war, when authorized, or begun ; to
have, with the advice and approbation of the senate,
the power of making all treaties ; to have the sole ap-
pointment of the heads or chief officers of the depart-
ments of finance, war, and foreign affairs ; to have the
nomination of all other officers, (ambassadors to foreign
nations included) subject to the approbation or rejec-
tion of the senate ; to have the power of pardoning all
offences, except treason, which he shall not pardon,
without the approbation of the senate.
5. On the death, resignation, or removal of the go-
vernour, his authorities to be exercised by the presi-
dent of the senate, until a successor be appointed.
6. The senate to have the sole power of declaring
war ; the power of advising and approving all treaties ;
the power of approving or rejecting all appointments
of officers, except the heads or chiefs of the depart-
ments of finance, war, and foreign affairs.
7. The supreme judicial authority of the United
States to be vested in judges, to hold their
offices during good behaviour, with adequate and per-
manent salaries. This court to have original jurisdic-
tion in all causes of capture ; and an appellative juris-
diction in Sill causes, in which the revenues of the
general government, or the citizens of foreign nations,
are concerned.
tSk JOURNAL OF THE [June 19.
£. The legislature of the United States to have
power to institute courts in each state, for the determi-
nation of all matters of general concern.
9. The governours, senators, and all officers of the
United States to be liable to impeachment for mal and
corrupt conduct ; and, upon conviction, to be removed
from office, and disqualified for holding any place of
trust, or profit. All impeachments to be tried by a
court to consist of the chief, or senior judge of the
superior court of law in each state ; provided, that such
judge hold his place during good behaviour, and have
a permanent salary.
10. All laws of the particular states, contrary to the
constitution or laws of the United States, to be utterly
void. And the better to prevent such laws being pass-
ed, the governour or president of each state shall be
appointed by the general government, and shall have a
negative upon the laws about to be passed in the state
of which he is governour, or president.
1 1. No state to have any forces, land or naval ; and
the militia of all the states to be under the sole and ex-
clusive direction of the United States ; the officers of
which to be appointed and commissioned by them.
TUESDAY, JUNE 19, 1787.
The order of the day being read,
The house resolved itself into a committee of the
whole house to consider of the state of the American
union.
Mr. President left the chair.
Jme 19.] FEDERAL CONVENTION. 13S
IN COMMITTEE OF THE WHOLE HOUSE.
Mr. Gorham in the chair.
On a question to adopt Mr. Dickinson's motion,
moved yesterday,
It passed in the negative.
Yeas — Connecticut, New York, New Jersey, Dela-
ware 4
Nays — Massachusetts, Pennsylvania, Virginia, North
Carolina, South Carolina, Georgia - - 6
Divided — Maryland 1
It was then moved and seconded to postpone the
consideration of the first proposition offered by Mr.
Patterson.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia 9
Nats — New York, New Jersey - - - 2
It was then moved and seconded, that the committee
do now rise ; and report to the house that they do not
agree to the propositions offered by the honourable
Mr. Patterson ; and that they report the resolutions
offered by the honourable Mr. Randolph, heretofore
reported from a committee of the whole house.
Passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
. irginia. North Carolina, South Carolina, Georgia 7
Nays — New York, New Jersey, Delaware 3
Divided — Maryland - . . » i
The committee then rose.
134 JOURNAL OF THE [June 19;.
IN THE HOUSE.
Mr. President resumed the chair.
Mr. Gorham reported from the committee.
That the committee, having spent some time in the
consideration of the propositions submitted to the house
by the honourable Mr. Patterson, and of the resolutions
heretofore reported from a committee of the whole
house, both of which had been to them referred, were
prepared to report thereon ; and had directed him to
report to the house,
That the committee do not agree to the proposi-
tions offered by the honourable Mr. Patterson ; and
that they again submit the resolutions, formerly re-
ported, to the consideration of the house.
STATE OF THE RESOLUTIONS
SUBMITTED TO THE CONSIDERATION OF THE HOUSE
BY THE HONOURABLE MR. RANDOLPH, AS ALTERED,
AMENDED, AND AGREED TO, IN COMMITTEE OF THE
WHOLE HOUSE.*
1. Resolved, That it is the opinion of this com-
mittee that a national government ought to be estab-
lished consisting of a Supreme Legislative, Judiciary,
and Executive.
2. Resolved, That the national legislature ought
to consist of two branches.
* Paper deposited by President Washington in the Department of
State.
jmie 19.] FEDERAL CONVENTION. 135
3. Resolved, That the members of the first branch
of the national legislature ought to be elected by the
people of the several states for the terra of three years ;
to receive fixed stipends, by which they may be com-
pensated for the devotion of their time to publick ser-
vice, to be paid out of the national treasury ; to be
ineligible to any office established by a particular state,
or under the authority of the United States (except
those peculiarly belonging to the functions of the first
branch) during the term of service, and under the na-
tional government, for the space of one year after its
expiration.
4. Resolved, That the members of the second
branch of the national legislature ought to be chosen
by the individual legislatures; to be of the age of
thirty years at least ; to hold their offices for a term
sufficient to insure their independency, namely, seven
years ; to receive fixed stipends, by which they may
be compensated for the devotion of their time to pub-
lick service, to be paid out of the national treasury ;
to be ineligible to any office, established by a particu-
lar state, or under the authority of the United States,
(except those peculiarly belonging to the functions of
the second branch) during the term of service, and
under the national government, for the space of one
year after its expiration.
5. Resolved, That each branch ought to possess
the right of originating acts.
6. Resolved, That the national legislature ought
to be empowered to enjoy the legislative rights vested
in Congress by the confederation ; and, moreover, to
legislate in all cases to which the separate states are
incompetent, or in which the harmony of the United
136 JOURNAL OF THE [June 1§.
States may be Interrupted by the exercise of individual
legislation ; to negative all laws passed by the several
states contravening, in the opinion of the national
legislature, the articles of union, or any treaties sub-
sisting under the authority of the union.
7. Resolved, That the right of suffrage in the first
branch of the national legislature ought not to be ac-
cording to the rule established in the articles of con-
federation, but according to some equitable ratio of
representation, namely, In proportion to the whole
number of white and other free citizens, and inhabi-
tants Qf every age, sex, and condition, including those
bound to servitude for a term of years, and three fifths
of all other persons not comprehended in the foregoing
description, except Indians not paying taxes in each
state.
8. Resolved, That the rights of suffrage in the
second branch of the national legislature ought to be
according to the rule established for the first.
9. Resolved, That a national executive be insti-
tuted to consist of a single person ; to be chosen by
the national legislature, for the term of seven years ;
"with power to carry into execution the national laws ;
to appoint to offices in cases not otherwise provided
for; to be ineligible a second time; and to be remo-
vable on impeachment, and conviction of mal practice,
or neglect of duty ; to receive a fixed stipend, by
which he may be compensated for the devotion of his
time to publick service, to be paid out of the national
treasury.
10. Resolved, That the national executive shall
have a right to negative any legislative act, which
June 19.3 FEDERAL CONVENTION. 137
shall not be afterwards passed, unless by two third
parts of each branch of the national legislature,
11. Resolved, That a national judiciary be es-
tablished to consist of one supreme tribunal ; the
judges of which to be appointed by the second branch
of the national legislature ; to hold their offices dur-
ing good behaviour ; to receive punctually, at stated
times, a fixed compensation for their services, in
which no increase or diminution shall be made, so
as to affect the persons actually in office at the time of
such increase or diminution.
12. Resolved, That the national legislature be
empowered to appoint inferior tribunals.
13. Resolved, That the jurisdiction of the national
judiciary shall extend to cases which respect the col-
lection of the national revenue ; impeachment of any
national officers ; and questions which involve the
national peace and harmony.
14. Resolved, That provision ought to be made
for the admission of states, lawfully arising within the
limits of the United States, whether from a voluntary
junction of government and territory, or otherwise,
with the consent of a number of voices in the national
legislature less than the whole,
15. Resolved, That provision ought to be made
for the continuance of Congress and their authorities,
until a given day after the reform of the articles of
union shall be adopted ; and for the completion of all
their engagements.
IG. Resolved, That a republican constitution, and
its existing laws, ought to be guarantieti to each state
by the United States.
18
138 JOURNAL OF THE [June 20.
17. Resolved, That provision ought to be made
for the amendment of the articles of union, whensoever
it shall seem necessary.
18. Resolved, That the legislative, executive, and
judiciary powers, within the several states, ought to
be bound, by oath, to support the articles of union.
19. Resolved, That the amendments which shall
be offered to the confederation by the convention,
ought, at a proper time, or times, after the approba-
tion of Congress, to be submitted to an assembly or
assemblies of representatives, recommended by the
several legislatures, to be expressly chosen by the
people to consider and decide thereon.
It was then moved and seconded, to postpone the
consideration of the first resolution reported from the
committee till to-morrow.
And on the question to postpone,
It passed in the affirmative.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
WEDNESDAY, JUNE 20, 1787.
The honourable William Blount, Esq. a deputy
from the state of North Carolina, attended and took
his seat.
The following credentials were then produced and
read. [See p. 45.]
It was moved by Mr. Ellsworth, seconded by Mr.
Gorham, to amend the first resolution reported from
the committee of the whole house, so as to read as
follows, namely,
June 20.] FEDERAL CONVENTIOxN. 139
" Resolved, That the government of the United States
" ought to consist of a supreme legislative, judiciary,
" and executive."
On the question to agree to the amendment,
It passed unanimously in the affirmative.
It was moved by Mr. Lansing, seconded by Mr.
Sherman, to postpone the consideration of the second
resolution, reported from the committee, in order to
take up the following, namely,
" Resolved, That the powers of legislation be vest-
'^ ed in the United States in Congress."
And on the question to postpone,
It passed in the negative.
Yeas — Connecticut, New York, New Jersey,
Delaware - - - - 4
Nays — Massachusetts, Pennsylvania, Virginia,
North Carolina, South Carolina, Georgia - 6
Divided — Maryland - - - 1
It was moved and seconded to adjourn —
Which passed in the negative.
Yeas — New York, New Jersey, Delaware, Mary-
land ----- 4
Nays — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
On motion of the deputies of the state of Delaware,
the determination of the house on the second resolu-
tion reported from the committee was postponed until
to-morrow.
And then the house adjourned till to-morrow, at
1 1 o'clock, A. M.
140 JOURNAL OF THE [June 21.
THURSDAY, JUNE 21, 1787.
The honourable Jonathan Dayton, Esq. a deputy of
the state of New Jersey, attended and took his seat.
The following credentials were produced and read.
[See p. 27.]
It was moved and seconded, to agree to the second
resolution reported from the committee, namely,
" Resolved, That the legislature consist of two
*' branches"—
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
Nays — New York, New Jersey, Delaware 3
Divided — Maryland - - - 1
It was moved by general C. C. Pinckney, and
seconded, to amend the first clause of the third reso-
lution reported from the committee, so as to read,
" Resolved, That the members of the first branch of
*' the legislature ought to be appointed in such man-
" ner as the legislature of each state shall direct."
On the question to agree to the amendment,
It passed in the negative.
Yeas — Connecticut, New Jersey, Delaware, South
Carolina . - _ - 4
Nays — Massachusetts, New York, Pennsylvania,
Virginia, North Carolina, Georgia - - 6
Divided — Maryland - - 1
It was then moved and seconded to agree to the
first clause of the third resolution, as reported from the
committee, namely,
June 22.] FEDERAL CONVENTION. Ml
*' Resolved, That the members of the first branch of
" the legislature ought to be elected by the people of
" the several states" —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York,
Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina, Georgia - - 9
Nay — New Jersey - - - i
Divided — Maryland - - - 1
It was moved and seconded to erase the word
" three," from the second clause of the third resolu-
tion, reported from the committee —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
NAVs^New York, Delaware, Maryland 3
Divided — New Jersey - - - 1
It was moved and seconded to insert the word
" two," in the second clause of the third resolution,
reported from the committee —
Which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
FRIDAY, JUNE 22, 1817.
It was moved and seconded to strike out the third
clause in the third resolution, reported from the com-
mittee, namely,
" To receive fixed stipends, by which they may be
" compensated for the devotion of their time to pub-
" lick service ;"
142 JOURNAL OF THE [June 22.
And to substitute,
*' Their stipends to be ascertained by the Icgisla*
" ture, to be paid out of the publick treasury."
On the question being put,
It passed in the negative.
Yeas — New Jersey, Pennsylvania - 2
Nays — Massachusetts, Connecticut, Delaware, Ma-
ryland, Virginia, North Carolina, South Carolina 7
Divided — New York, Georgia - 2
It was moved and seconded to strike the following
words out of the fourth clause in the third resolution,
reported from the committee, namely,
" To be paid out of the publick treasury."
On the question to strike out the words,
It passed in the negative.
Yeas — Massachusetts, Connecticut, North Caro-
lina, South Carolina - - 4
Nays — New Jersey, Pennsylvania, Delaware, Ma-
ryland, Virginia - - - 5
Divided — New York, Georgia - 2
It was moved and seconded to strike the following
words out of the third resolution, reported from the
committee, namely,
" To receive fixed stipends by which they may be
*' compensated for the devotion of their time to pub-
" lick service ;"
And to substitute the following clause, namely,
" To receive an adequate compensation for their
" services."
On the question to agree to the amendment)
It passed unanimously in the affirmative.
It was then moved and seconded to take the vote of
the house on the whole proposition, namely,
June 22.] FEDERAL CONVENTION. 143
" To receive an adequate compensation for their
" services, to be paid out of the publick treasury."
An objection of order being taken to this motion, it
was submitted to the house.
And on the question, Is the motion in order ?
It passed in the affirmative.
Veas — Connecticut, New Jersey, Delaware, Mary-
land, North Carolina, South Carolina 6
Nays — New York, Pennsylvania,Virginia, Georgia 4
Divided — Massachusetts - - 1
The determination of the house on the whole pro-
position was, on motion of the deputies of the state of
South Carolina, postponed till to-morrow.
It was moved and seconded to add the following
clause to the third resolution,
" To be of the age of twenty-five years at least" —
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Delaware, Mary-
land, Virginia, North Carolina, South Carolina 7
Nays — Massachusetts, Pennsylvania, Georgia 3
Divided — New York - - 1
It was moved and seconded to strike out the follow-
ing words in the last clause of the third resolution,
" And under the national government for the space
" of one year after its expiration."
On the question to strike out the words,
It passed in the negative.
Yeas — Massachusetts, New Jersey, North Carolina,
Georgia ' - - - -4
Nays — Connecticut, Maryland, Virginia, South Ca-
rolina . - - - - 4
Divided — New York, Pennsylvania, Delaware 3
144 JOURNAL OF THE [June 23.
And then the house adjourned till to-morrow, at
11 o'clock, A. M.
SATURDAY, JUNE 23, 1787.
It was moved and seconded to agree to the propo-
sition, which was postponed yesterday, on motion of
the deputies of the state of South Carolina, namely,
'' To receive an adequate compensation for their
" services, to be paid out of the publick treasury."
On the question to agree to the proposition.
It passed in the negative.
Yeas — Massachusetts, New Jersey, Pennsylvania,
Maryland, Virginia - - - 5
Nays — Connecticut, New York, Delaware, North
Carolina, South Carolina - - 5
Divided — Georgia . . - l
It was moved and seconded to strike out the follow-
ing words in the third resolution reported from the
committee, namely,
" By a particular state."
On the question to strike out the words,
It passed in the affirmative.
Yeas — Connecticut, New York, New Jersey, Ma-
ryland, Virginia, North Carolina, South Carolina
Georgia - - - - 8
Nays — Massachusetts, Pennsylvania, Delaware 3
It was moved by Mr. Madison, and seconded, to
amend the third resolution by striking out the follow-
ing words, namely,
" Or under the authority of the United States, dur-
" ing the term of service, and under the national go-
" vernment for the space of one year after its expira-
" tion :"
June 23.] FEDERAL CONVENTION. 145
And inserting the following clause, after the word
" established," namely,
" Or the emoluments whereof shall have been aug-
'* mented by the legislature of the United States dur-
" ing the time of their being members thereof, and
" until they shall have ceased to be members for the
" space of one year."
On the question to agree to the amendment,
It passed in the negative.
Yeas — Connecticut, New Jersey - 2
Nays — New York, Pennsylvania, Delaware, Mary«
land, Virginia, North Carolina, South Carolina,
Georgia - - - - 8
Divided — Massachusetts - - 1
It was moved and seconded to add after the words
'' ineligible to," the words " and incapable of hold-
'' ing"—
Which passed in the affirmative.
It was moved and seconded to strike the words
'^ national government," out of the third resolution —
Which passed in the affirmative.
Yeas — Connecticut, New York, New Jersey, Dela-
ware, Maryland, Virginia, North Carolina, South
Carolina . - . 8
Nays — Pennsylvania, Georgia - - 2
Divided — Massachusetts - - 1
It was moved and seconded to strike the word
"' established," out of the third resolution —
Which passed in the affirmative.
It was moved and seconded to add after the word
" service," in the third resolution, the words, " of the
•• first branch" —
Which passed in the affirmative.
19
H6 JOURNAL OF THE [June 25.
It was then moved and seconded to agree to the
words,
" And for the space of one year after its expiration.'*
On the question to agree to these words,
It passed in the negative.
Yeas — New York, Delaware, Maryland, South Ca-
rolina - - . . 4
Nays — Massachusetts, Connecticut, New Jersey,
Virginia, North Carolina, Georgia - 6
Divided — Pennsylvania - - 1
And then the house adjourned till Monday next, at
1 1 o'clocft:, A. M.
MONDAY, JUNE 25, 1787.
It was moved and seconded to erase the word
" national," and to substitute the words " United
" States," in the fourth resolution —
Which passed in the affirmative.
It was moved and seconded to postpone the Consi-
deration of the first clause of the fourth resolution, in
order to take up the eighth resolution reported from
the committee.
On the question to postpone,
It passed in the negative.
Yeas — New York, Virginia, South Carolina, Geor-
gia _ - - - - 4
Nays — Massachusetts, Connecticut, New Jersey.
Pennsylvania, Delaware, Maryland, North Carolina 7
It was moved and seconded to postpone the con-
sideration of the fourth, in order to take up the seventh
resolution.
On the question to postpone,
June 25.] FEDERAL CONVENTION. 147
It passed in the negative.
Yeas— Maryland, Virginia, North Carolina, South
Carolina, Georgia - . - o
Nays— Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Delaware - 6
It was moved and seconded to agree to the first
clause of the fourth resolution, namely,
" Resolved, That the members of the second branch
« of the legislature of the United States ought to be
•' chosen by the individual legislatures."
On the question to agree,
It passed in the affirmative.
Yeas— Massachusetts, Connecticut, New York,
New Jersey, Delaware, Maryland, North Carolina,
South Carolina, Georgia - - 9
Nays— Pennsylvania, Virginia - 2
It was moved and seconded to agree to the second
clause of the fourth resolution, namely,
" To be of the age of thirty years at least" —
Which passed unanimously in the affirmative.
It was moved and seconded to erase the words,
'« sufficient to insure their independency," from the
third clause of the fourth resolution —
Which passed in the affirmative.
Yeas— Connecticut, New York, New Jersey, Penn.
sylvania, Delaware, South Carolina, Georgia 7
Nays— Massachusetts, Maryland, Virginia, North
Carolina - - ■ ' ^
It was moved and seconded to add, after the words
" seven years," in the fourth resolution, the words,
" to go out in fixed proportions."
It was moved and seconded to insert the word
'' six," instead of '< seven."
143 JOURNAL OF THL [June 25.
It was moved and seconded to amend the clause so
as to read, " for four years, one fourth to go out an-
" nually."
No determination being taken on the three last mo-
lions ; it was moved and seconded to erase the word
" seven," from the third clause of the fourth reso-
lution—
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York, New
Jersey, North Carolina, South Carolina, Georgia 7
Nays — Pennsylvania, Delaware, Virginia 3
Divided — Maryland - - 1
It was moved and seconded to fill up the blank in
the third clause of the fourth resolution with the word
" six"—
Which passed in the negative.
Yeas — Connecticut, Pennsylvania, Delaware, Vir--
ginia. North Carolina - - 5
Nays — Massachusetts, New York, New Jersey,
South Carolina, Georgia - - 5
Divided — Maryland - - 1
It was moved and seconded lo adjourn.
Passed in the negative.
Yeas — Connecticut, New Jersey, Pennsylvania,
Delaware, Virginia - - - 5
Nays — Massachusetts, New York, North Carolina,
South Carolina, Georgia - - 5
Divided — Maryland - - - 1
It was moved and seconded to fill up the blank in
the third clause of the fourth resolution with the word
'* five"—
Which passed in the negative.
Yeas — Connecticut, Pennsylvania, Delaware, Vir-
ginia, North Carolina _ - - 5
Jane 26.] FEDERAL CONVENTION. 149
Nays— Massachusetts, New York, New Jersey,
South Carolina, Georgia - - 5
Divided — Maryknd 1
It was moved and seconded to adjourn.
Passed in the affirnnative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina 7
Nays — New York, New Jersey, South Carolina^
Georgia - - - - 4
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
TUESDAY, JUNE 26, 1787.
It was moved and seconded to amend the third
clause of the fourth resolution, reported from the com-
mittee, so as to read as follows, namely,
" For nine years, one third to go out triennially" —
Which passed in the negative.
Yeas — Pennsylvania, Delaware, Virginia 3
Nays — Massachusetts, Connecticut, New York, New
Jersey, Maryland, North Carolina, South Carolina,
Georgia - - - - 8
It was then moved and seconded to amend the
third clause of the fourth resolution so as to read,
" For six years, one third to go out biennially."
On the question to agree to the amendment,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina 7
Nays — New York, New Jersey, South Carolina,
Georgia ... - 4
150 JOURNAL OF THE [June 26.
It was moved and seconded to strike the following
clause out of the fourth resolution,
" To receive fixed stipends by which they may be
" compensated for the devotion of their time to publick
" service."
The question to strike out, passed in the negative.
Yeas — Massachusetts, Connecticut, Pennsylvania.
Maryland, South Carolina - - 5
Nays — New York, New Jersey, Delaware, Virgi-
nia, North Carolina, Georgia - - 6
It was moved and seconded to amend the fourth
clause of the fourth resolution, so as to read,
" To receive a compensation for the devotion of
" their time to the publick service"—
Which passed in the affirmative.
Yeas— Massachusetts, Connecticut, New York,
New Jersey, Pennsylvania, Delaware, Maryland, Vir-
ginia, North Carolina, Georgia - - 10
Nay — South Carolina - - 1
It was moved and seconded to erase the following
words from the fourth resolution, namely,
"Out of the national treasury 5"
And to substitute the following, namely,
" By their respective states" —
Which passed in the negative.
Yeas — Connecticut, New York, New Jersey, South
Carolina, Georgia - - - 5
Nays— Massachusetts, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina - 6
It was moved and seconded to agree to the follow-
ing clause in the fourth resolution, namely,
" To be paid out of the publick treasury" —
June 26.] FEDERAL CONVENTION. 151
Which passed in the negative.
Yeas — Massachusetts, Pennsylvania, Delaware, Ma-
ryland, Virginia - - - 5
Nays — Connecticut, New York, New Jersey, North
Carolina, South Carolina, Georgia - 6
It was moved and seconded to postpone the conside-
ration of the last clause in the fourth resolution, as
reported from the committee, in order to take up the
following proposition, offered by Mr. Williamson, as a
substitute, namely,
" To be ineligible to, and incapable of, holding any
" office, under the authority of the United States, ex-
•' cept those peculiarly belonging to the functions of
'' the second branch, during the term for which they
•' are elected."
On the question to postpone,
It passed in the affirmative.
Yeas — Connecticut, Pennsylvania, Delaware, Ma-
ryland, Virginia, North Carolina - - 6
Nays — Massachusetts, New York, New Jersey,
South Carolina, Georgia - - 5
It was then moved and seconded to add after the
word " elected," the words " and for one year there*
'* after" —
Which passed in the affirmative.
Yeas — Connecticut, New York, Delaware, Mary-
land, Virginia, North Carolina, South Carolina 7
Nays — Massachusetts, 'New Jersey, Pennsylvania,
Georgia - ... 4
It was then moved and seconded to agree to the
proposition as amended, namely,
" To be ineligible to, and incapable of holding any
'; office under the authority of the United States, ex-
152 JOURNAL OF THE [June 27.
" cept those peculiarly belonging to the functions of
'' the second branch, during the terra for which they
•• are elected, and for one year thereafter" —
Which passed unanimously in the affirmative.
It was moved and seconded to add the following
clause to the fourth resolution, namely,
" And to be ineligible and incapable of holding any
'' office under a particular state" —
Which passed in the negative.
Yeas — Massachusetts, Pennsylvania, Virginia 3
Nays — Connecticut, New York, New Jersey, Dela-
ware, Maryland, North Carolina, South Carolina,
Georgia - - - - 8
It was moved and seconded to agree to the fifth re-
solution reported from the committee, namely,
" Resolved, That each branch ought to possess the
" right of originating acts" —
Which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
WEDNESDAY, JUNE 27, 1787.
It was moved and seconded to postpone the conside-
ration of the sixth resolution reported from the com-
mittee, in order to take up the seventh and eighth reso-
lutions.
On the question to postpone,
It passe d in the affirmative.
It was moved and seconded to agree to the first
clause of the seventh resolution, namely,
" Resolved, That the right of suffi-age in the first
^' branch of the national legislature ought not to be
Jane 28.] FEDERAL CONVENTION. 153
" according to the rule established in the articles of
'' confederation."
Before a determination was taken on the clause,
the house adjourned till to-morrow, at 11 o'clock,
A.M.
THURSDAY, JUNE 28, 1787.
It was moved and seconded to amend the seventh
resolution reported from the committee, so as to read
as follows, namely,
" Resolved, That the right of suffrage in the first
'• branch of the legislature of the United States ought
" to be in proportion to the whole number of white
" and other free citizens and inhabitants of every age,
" sex, and condition, including those bound to servi-
" tude for a term of years, and three fifths of all other
" persons not comprehended in the foregoing descrip-
" tion, except Indians, not paying taxes in each
" state."
It was moved and seconded to erase the word " not,"
from the first clause of the seventh resolution, so as to
read,
" Resolved, That the right of suffrage in the second
'' branch of the legislature of the United States ought
" to be according to the rule established in the arti-
•' cles of confederation."
The determination of the house on the motion for
erasing the word " not," from the first clause of the
seventh resolution, was postponed, at the request of the
deputies of the state of New York, till to-morrow.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
20
154 JOURNAL OF THE [June 29.
FRIDAY, JUNE 29, 1787.
it was moved and seconded to strike the word " not,"
out of the first clause of the seventh resolution reported
from the committee.
On the question to strike out.
It passed in the negative.
Yeas — Connecticut, New York, New Jersey, Dela-
ware - - - - 4
Nays — Massachusetts, Pennsylvania,Virginia, North
Carolina, South Carolina, Georgia - 6
Divided — Maryland - - - 1
It was moved and seconded to agree to the first
clause of the seventh resolution, as reported from the
committee, namely,
" Resolved, That the right of suffrage in the first
-' branch of the legislature of the United States ought
** not to be according to the rule established in the
" articles of confederation, but according to some equi-
•' table ratio of representation.
On the question to agree.
It passed in the affirmative.
Yeas — Massachusetts, Pennsylvania, Virginia, North
Carolina, South Carolina, Georgia - 6
Nays — Connecticut, New York, New Jersey, Dela-
ware ... - - 4
Divided — Maryland - - 1
It was moved and seconded to postpone the further
consideration of the seventh, in order to take up the
eighth resolution —
Which passed in the affirmative.
Yeas — Connecticut, New York, New Jersey, Penn-
June 30.] FEDERAL CONVENTION. 155
sylvania, Maryland, Virginia, North Carolina, South
Carolina, Georgia - . - 9
Nays — Massachusetts, Delaware - 2
It was moved and seconded to amend the eighth re-
solution reported from the committee, so as to read as
follows, namely,
" Resolved, That in the second branch of the legis-
•' lature of the United States, each state shall have an
•' equal vote."
Before the determination of the house was taken
on the last motion, the house adjourned till to-mor-
row, at 1 1 o'clock, A. M.
SATURDAY, JUNE 30, 1787.
The following resolution was moved and seconded-
namely,
" Resolved, That the President be requested to
" write to the supreme executive of the state of New
** Hampshire, and inform him that the business before
•' the convention is of such a nature as to require the
" immediate attendance of the gentlemen appointed by
" that state to this convention."
On the question to agree to this resolution,
It passed in the negative.
Yeas — New York, New Jersey • 2
Nays — Massachusetts, Connecticut, Virginia, North
Carolina, South Carolina - - - - 5
Divided — Maryland - - 1
It was then moved and seconded to take up the
resolution submitted to the consideration of the house
yesterday, namely,
'' Resolved, That in the second branch of the legis-
156 JOURNAL OF THE [July 2.
" lature of the United States, each state shall have an
" equal vote."
After some time passed in debate, the house voted
unanimously to adjourn till Monday next, at 1 1 A. M.
MONDAY, JULY 2, 1787.
It was moved and seconded to agree to the follow-
ing resolution, namely,
" Resolved, That in the second branch of the legis-
••' lature of the United States, each state shall have an
" equal vote" —
Which passed in the negative.
Yeas — Connecticut, New York, New Jersey, Dela-
ware, Maryland - - _ - 5
Nays — Massachusetts, Pennsylvania, Virginia, North
Carolina, South Carolina - - 5
Divided — Georgia - - 1
It was moved and seconded to appoint a committee,
to whom the eighth resolution, and so much of the
seventh resolution, reported from the committee of the
whole house, as has not been decided upon, should
be referred.
On the question to agree to this motion.
It passed in the aflSrmative.
Yeas — Massachusetts, Connecticut, New York,
Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia - - 9
Nays — New Jersey, Delaware - 2
It was moved and seconded that the committee con-
sist of a member from each state.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York, New
July 5.] FEDERAL CONVENTION. 157
Jersey, Delaware, Maryland, Virginia, North Caro-
lina, South Carolina, Georgia _ - lO
Nay — Pennsylvania - - - 1
And a committee by ballot was appointed, of Mr.
Gerry, Mr. Ellsworth, Mr. Yates, Mr. Patterson, Mr.
Franklin, Mr. Bedford, Mr. L. Martin, Mr. Mason,
Mr. Davie, Mr. Rutledge, and Mr. Baldwin.
And then the house adjourned till Thursday next,
at 11 o'clock, A. M.
THURSDAY, JULY 5, 1787.
The honourable Mr. Gerry reported from the com-
mittee, to whom were referred the eighth resolution,
and such part of the seventh resolution as had not
already been decided on by the house, that the com-
mittee had directed him to submit the following report
to the consideration of the house ; and the same being
delivered in at the Secretary's table, was read once
throughout, and then by paragraphs, and is as follows,
namely.
The committee, to whom were referred the eighth
resolution reported from the committee of the whole
house, and so much of the seventh as hath not been
decided on, submit the following report :
That the subsequent propositions be recommended
to the convention, on condition that both shall be
generally adopted.
" 1. That in the first branch of the legislature,
each of the states now in the union be allowed one
" member for every forty thousand inhabitants of the
*^ description reported in the seventh resolution of the
•' committee of the whole house — that each state not
158 JOURNAL OF THE [July 5.
" containing that number shall be allowed one member
" — that all bills for raising or appropriating money,
•* and for fixing the salaries of the officers of the go-
'* vernment of the United States, shall originate in the
" first branch of the legislature, and shall not be al-
*' tered, or amended, by the second branch — and.
'' that no money shall be drawn from the publick
" treasury, but in pursuance of appropriations to be
" originated by the first branch.
" 2. That in the second branch of the legislature,
" each state shall- have an equal vote."
It was moved and seconded to postpone the consi-
deration of the first proposition contained in the re-
port, in order to take up the second.
On the question to postpone,
It passed in the negative.
Yeas — New York, South Carolina - 2
Nays — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, Geor-
gia ..... 8
It was then moved by Mr. Rudedge, and seconded,
to postpone the first clause of the report, in order to
take up the following, namely,
" That the suffrages of the several states be regu-
" lated and proportioned according to the sums to be
" paid towards the general revenue by the inhabitants
" of each stale, respectively — that an apportionment
" of suffrages, according to the ratio aforesaid, shall
" be made and regulated at the end of years
" from the first meeting of the legislature of the United
" States, and so from time to time at the end of every
" years thereafter ; but that for the pre-
July 5.] FEDERAL CONVENTION. 159
"sent, and until the period first above mentioned,
'' shall have on|e suffrage," &c.*
And on the question to postpone,
* The two following statements are among the papers of Mr. Brear-
ly, furnished by general Bloomfield. They have appa^pntly reference
No. of Blacks.
102,000
to this resolution.
states.
No. of Whiles.
New Hampshire
82,000
Massachusetts Bay
- 352,000
Rhode Island
- 58,000
Connecticut
- 202,000
New York
238,000
New Jersey
- 138,000
Pennsylvania
341,000
Delaware
- 37,000
Maryland
174,000
Virginia,
300,000
North Carolina
181,000
South Carolina
93,000
Greorgia
27,000
145,000
80,000
The following quotas of taxation are extracted from the printed
journals of the old Congress. September 27, 1785.
Quota of Tax.
Delegates.
Virginia - . -
512,974
- - 16
Massachusetts Bay
448,854
14
Pennsylvania
- 410,378
m
Maryland
283,034
8|
Connecticut
264,182
8
New York
256,486
8
North Carolina
218,012
61
South Carolina
- 192,366
6
New Jersey
166,716
5
New Hampshire
105,416
3i
Rhode Island
64,636
2
Delaware
- 44,886
IX
O^orria
32,060
1
3,000,000 90
160 JOURNAL OF THE [July 6,
It passed in the negative.
Yea — South Carolina - - - 1
Nays — Massachusetts, Connecticut, New York,
Pennsylvania, Delaware, Maryland, Virginia, North
Carolina . . . . $
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
FRIDAY, JULY 6, 1787.
It was moved and seconded to refer the first clause
of the first proposition reported from the grand com-
mittee to a special committee —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
Nays — New York, New Jersey, Delaware 3
Divided — Maryland - - - 1
It was moved and seconded that the committee con-
sist of five members —
Which was unanimously agreed to.
And a committee was appointed by ballot, of Mr.
G. Morris, Mr. Gorham, Mr. Randolph, Mr. Rudedge,
and Mr. King.
It was moved and seconded to postpone the re-
mainder of the first proposition, in order to take up
the second —
Which passed in the affirmative.
Yeas — New York, New Jersey, Pennsylvania, Dela«
ware, Maryland, Virginia, South Carolina, Georgia 8
Nays— Massachusetts, Connecticut, North Carolina 3
It was moved and seconded to postpone the consi-
deration of the second proposition —
Which passed in the affirmative.
July 6.] FEDERAL CONVENTION. 161
Yeas— Connecticut, New Jersey, Delaware, Mary-
land, Virginia, Georgia - - ^
Nays — Pennsylvania, North Carolina, South Caro-
lina - - - - 3
Divided — Massachusetts, New York - 2
It was moved and seconded to resume the conside-
ration of the second clause of the first proposition,
which had been postponed in order to take up the
second proposition —
Which passed in the affirmative.
On the question, Shall the following clause stand as
a part of the report, namely,
" 3. That all bills for raising or appropriating
" money, and for fixing the salaries of the officers of
'' the government of the United States, shall originate
^' in the first branch of the legislature, and shall not be
" altered or amended by the second branch; and that
" no money shall be drawn from the publick treasury
" but in pursuance of appropriations to be originated
'* by the first branch" —
It passed in the affirmative.
The votes stood thus :
Yeas — Connecticut, New Jersey, Delaware, Mary-
land, North Carolina - - - 5
Nays — Pennsylvania, Virginia, South Carolina 3
Divided — Massachusetts, New York, Georgia 3
And on a question moved and seconded. Whether the
vote so standing was determined in the affirmative —
It was decided as follows, that it was.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, North Carolina,
South Carolina, Georgia - - 9
Nays — New York, Virginia - - 2
21
16t JOURNAL OF TllE [July 7.
And then the house adjourned till to-morrow, at 11
o'clock, A. M.
SATURDAY, JULY 7, 1787.
A letter from W. Rawie, secretary to the Library
Company of Philadelphia, addressed to his excellency
the President of the convention, enclosing a resolve
of that company, granting the use of their books to
the members of the convention — being read,
On motion.
Resolved, That the secretary, by letter, present
the thanks of the convention to the directors of the
Library Company for their polite attention.
It was moved and seconded, that the second pro-
position reported from the grand committee stand part
of the report, namely,
" That in the second branch of the legislature each
*' state shall have an equal vote" —
Which passed in the affirmative.
Yeas — Connecticut, New York, New Jersey, Dela-
ware, Maryland, North Carolina - 6
Nays — Pennsylvania, Virginia, South Carolina 3
Divided — Massachusetts, Georgia - 2
It was then moved and seconded to postpone the
consideration of the report from the grand committee
until the special committee report —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey.
Pennsylvania, Delaware, Maryland - C
Nays — New York, Virginia, North Carolina, South
Carolina, Georgia - - - 5
And then the house adjourned till Monday next, at
U o'clock, A.M.
July ».] FEDERAL CONVENTION. 163
MONDAY, JULY 9, 1787.
The honourable Daniel Carroll, Esq. one of the de-
puties from the state of Maryland, attended and took
his seat.
The honourable Mr. G. Morris, from the committee
to whom was referred the first clause of the first propo-
sition, reported from the grand committee, informed
the house, that the committee were prepared to report.
He then read the report in his place ; and the same
being delivered in at the secretary's table, was read
once throughout, and then by paragraphs ; and is as
follows, namely,
The committee to whom was referred the first clause
of the first proposition reported from the grand com-
mittee, beg leave to report :
" 1. That in the first meeting of the legislature of
*' the United States the first branch thereof consist of
•' fifty-six members, of which number
" New Hampshire shall have two,
" Massachusetts .,.. seven,
" Rhode Island .... one,
" Connecticut .... four.
^' New York .... five,
" New Jersey .... three,
" Pennsylvania .... eight,
" Delaware .... one,
" Maryland .... four,
" Virginia .... nine,
'* North Carolina .... five,
" South Carolina .... five,
" Georgia .,.. two.
i64 JOURNAL OF THE [July 9.
" 2. But as the present situation of the states may
'' probably alter as well in point of wealth, as in the
'' number of their inhabitants — that the legislature
" be authorized from lime to lime to augment the num-
" ber of representatives. And in case any of the
" states shall hereafter be divided, or any two or more
" states united, or any new state created within the
" limits of the United States, the legislature shall pos-
" sess authority to regulate the number of represen-
'* tatives in any of the foregoing cases upon the prin-
" ciples of their wealth and number of inhabitants."
It was moved and seconded to postpone the consi-
deration of the first paragraph of the report, in order
to take up the second —
Which passed in the affirmative.
On the question to agree to the second paragraph
of the report,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia - - - 9
Nays — New York, New Jersey - - 2
It was moved and seconded to refer the first para-
graph of the report to a committee of one member
from each state —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, Georgia - - - 9
Nays — New York, South Carolina - 2
And a committee was appointed, by ballot, of the
honourable Mr. King, Mr. Sherman, Mr. Yates, Mr.
Brearly, Mr. G. Morris, Mr. Read, Mr. Carroll, Mr.
jHly 10.] FEDERAL CONVENTION. 16^5
Madison, Mr. Williamson, Mr. Rutledge, and Mr.
Houstoun.
And then the house adjourned till to-morrow, at
1 1 o'clock, A. M .
TUESDAY, JULY 10, 1787.
The honourable Mr. King, from the grand committee
to whom was referred the first paragraph of the report
of a committee consisting of Mr. G. Morris, Mr. Gor-
ham, Mr. Randolph, Mr. Rutledge, and Mr. King, in-
formed the house that the committee were prepared
to report. He then read the report in his place ; and
the same being delivered in, at the secretary's table,
was again read, and is as follows, namely,
" That in the original formation of the legislature
•' of the United States, the first branch thereof shall
'• consist of sixty-five members, of which number
" New Hampshire shall send three.
" Massachusetts
...i
eight,
" Rhode Island
....
one,
" Connecticut
• • .<
five.
" New York
...
six.
" New Jersey
.••«
four,
'* Pennsylvania
.*•<
eight,
'' Delaware
•..
one.
" Maryland
...
six,
" Virginia
...
ten,
*' North Carolina
...
five.
'^ South Carolina
...
five.
" Georgia
...
three."
lOe JOURNAL OF THE [July 10.
It was moved and seconded to amend the report by
striking out the word " three," in the apportionment
of representation to New Hampshire, and inserting
the word " two" —
Which passed in the negative.
Yeas — South Carolina, Georgia - 2
Nays — Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina - - - 9
It was moved and seconded to amend the report by
striking out the word " five," in the apportionment of
representation to North Carolina, and inserting the
word " six" —
Which passed in the negative.
Yeas — North Carolina, South Carolina, Georgia 3
Nays — Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Maryland,Virginia 8
It was moved and seconded to amend the report by
striking out the word " five," in the apportionment
of representation to South Carolina, and inserting the
word " six" —
Which passed in the negative.
Yeas — Delaware, North Carolina, South Carolina,
Georgia - - - 4
Nays — Massachusetts, Connecticut, New York,
New Jersey, Pennsylvania, Maryland, Virginia 7
It was moved and seconded to amend the report by
striking out the word " three," in the apportionment
of representation to Georgia, and inserting the word
" four"—
Which passed in the negative.
Yeas — Virginia, North Carolina, South Carolina,
Georgia - - - - 4
July 10.] FEDERAL CONVENTION. 165f
Nays — Massachusetts, Connecticut, New York,
New Jersey, Pennsylvania, Delaware, Maryland 7
It was moved and seconded to double the number
of representatives, in the first branch of the legislature
of the United States, apportioned by the report of the
grand committee to each state —
Which passed in the negative.
Yeas — Delaware, Virginia - - 2
Nays — Massachusetts, Connecticut, New York.
New Jersey, Pennsylvania, Maryland, North Carolina,
South Carolina, Georgia - - 9
On the question to agree to the report of the grand
committee.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New York,
New Jersey, Pennsylvania, Delaware, Maryland, Vir-
ginia, North Carolina - . . 9
Nays — South Carolina, Georgia - 2
It was moved and seconded to add the following
amendments after the second paragraph of the report
from the committee consisting of Mr. Morris, Mr.
Gorham, Mr. Randolph, Mr. Rutledge, and Mr. King:
*' That, in order to ascertain alterations in the popu-
" lation and wealth of the states, the legislature of the
" United States be required to cause a proper census
•' and estimate to be taken once in every term of
'' years."
It was moved and seconded to postpone the consi-
deration of the last motion, in order to take up the
following, namely,
'-'' That the committee of eleven, to whom was re-
•' ferred the report of the committee of five on the
-' subject of representation, be requested to furnish
166 JOURNAL OF THE [July 11.
" the convention with principles on which they ground-
'^ ed the report" —
Which passed in the negative.
Yea — South Carolina - - 1
Nays — Massachusetts, Connecticut, New York,
New Jersey, Pennsylvania, Delaware, Maryland, Vir-
ginia, North Carolina, Georgia . . 10
And then the house adjourned till to-morrow, at
11 o'clock, A. M.
WEDNESDAY, JULY il, 1787.
The amendment offered to the second paragraph of
the report from the committee, consisting of Mr. G.
Morris, Mr. Gorham, Mr. Randolph, Mr. Rutledge,
and Mr. King, being withdrawn —
It was moved by Mr. Williamson, and seconded, to
substitute the following resolution, namely,
" Resolved, That in order to ascertain the altera-
•' tions that may happen in the population and wealth
*' of the several states, a census shall be taken of the
" free inhabitants of each state, and three fifths of the
" inhabitants of other description, on the first year
" after this form of government shall have been adopt-
" ed. And afterwards on every term of years ;
" and the legislature shall alter or augment the rep-
" resentation accordingly."
It was moved and seconded to strike out the words
" three fifths of"—
Which passed in the negative.
Yeas — Delaware, South Carolina, Georgia 3
Nays — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Maryland, Virginia, North Carolina 7
July 11.] FEDERAL CONVENTION. 169
It was moved by Mr. Rutledge, and seconded, to
postpone the consideration of the resolution proposed,
in order to take up the following, namely,
" Resolved, That at the end of years from
'^ the meeting of the legislature of the United States,
" and at the expiration of every years there-
" after, the legislature of the United States be required
" to apportion the representation of the several states
" according to the principles of their wealth and
" population."
On the question to postpone,
It passed in the negative.
Yeas — Massachusetts, Pennsylvania, Delaware.
South Carolina, Georgia - - - 5
Nays — Connecticut, New Jersey, Maryland, Vir-
ginia, North Carolina ... 5
It was moved and seconded to agree to the first
clause of the resolution, namely,
" That in order to ascertain the alterations that may
'' happen in the population and wealth of the several
'' states, a census shall be taken of the free inhabi-
'* tants of each state" —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Virginia, North Carolina - 6
Nays — Delaware, Maryland, South Carolina, Geor-
gia - - - - - 4
It was moved and seconded to adjourn.
Passed in the negative.
Yea — Pennsylvania - - - 1
Nays — Massachusetts, Connecticut, New Jersey,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia - - - 9
00
170 JOURNAL OF THE [July IK
It was moved and seconded to agree to the follow-
ing clause of the resolution, nan^ely,
" And three fifths of the inhabitants of other de-
-' scription" —
Which passed in the negative.
Yeas — Connecticut, Virginia, North Carolina,
Georgia - - - - 4
Nays — Massachusetts, New Jersey, Pennsylvania.
Delaware, Maryland, South Carolina - 6
It was moved and seconded to agree to the follow-
ing clause of the resolution, namely,
" On the first year after this form of government
-' shall have been adopted" —
Which passed in the affirmative*
Yeas — Massachusetts, New Jersey, Pennsylvania.
Delaware, Virgi^iia, North Carolina, South Carolina 7
Nays — Connecticut, Maryland, Georgia 3
It was moved and seconded to fill up the blank with
the word " fifteen" —
Which passed unanimously in the affirmative-
It was moved and seconded to add after the words
" fifteen years," the words " at least" —
Which passed in the negative.
Yeas — Massachusetts, Virginia, North Carolina,
^*outh Carolina, Georgia - . - 5
Nays — Connecticut, New Jersey, Pennsylvania,
Delaware, Maryland - - - 5
It was moved and seconded to agree to the follow-
ing clause of the resolution, namely,
" And the legislature shall alter or augment the
■' representation accordingly" —
Which passed unanimously in the affirmative.
jBlyl2.] FEDERAL CONVENTION, 17i
On the question to agree to the resolution as
amended,
It passed unanimously in the negative.
And then the house adjourned till to-morrow, at 1 1
•'clock, A. M.
THURSDAY, JULY 12, 1787.
Jt was moved and seconded to add the following
clause to the last resolution agreed to by the house,
respecting the representation in the first branch of the
legislature of the United States, namely,
" Provided always. That direct taxation ought to
*' be proportioned according to representation" —
Which passed unanimously in the affirmative.
It was moved and seconded to postpone the consi»
deration of the first clause in the report from the first
grand committee —
Which passed in the affirmative.
It was moved and seconded to add the following
amendment to the last clause adopted by the house,
namely,
" And that the rule of contribution by direct taxa-
" tion, for the support of the government of the United
" States, shall be the number of white inhabitants, and
" three fifths of every other description in the several
" states, until some other rule that shall more accu-
•' rately ascertain the wealth of the several states can
'* be devised and adopted by the legislature.^'
The last amendment being withdrawn.
It was moved and seconded to substitute the follow-
ing, namely,
'^ And in order to ascertain the alteration in th^
m JOURNAL OF THE [July 12.
" representation which may be required, from time to
" time, by the changes in the relative circumstances
" of the states —
" Resolved, That a census be taken within two
'^ years from the first meeting of the legislature of the
" United States, and once within the term of every
" years afterwards, of all the inhabitants of
" the United States, in the manner and according to
'* the ratio recommended by Congress in their reso-
** lution of and that the legislature of the
•' United States shall arrange the representation ac-
" cordingly."
Tt was moved and seconded so to alter the last clause
adopted by the house, that, together with the amend-
ment proposed, the whole shouldTead as follows,
namely, «(Jl ,«in Jvi/i^rtn'iS .h^f^ftud'^mff^J^i -^rj
" Provided always. That representation ought to be
** proportioned according to direct taxation. And, in
" order to ascertain the alterations in the direct taxa-
" tion which may be required, from time to time, by
" the changes in the relative circumstances of the
" states —
" Resolved, That a census be taken within two
" years from the first meeting of the legislature of the
«' United States, and once within the term of every
*' years afterwards, of all the inhabitants of
•' the United States, in the manner, and according to
" the ratio, recommended by Congress in their reso-
" lution of April 18, 1783; and that the legislature
" of the United States shall proportion the direct
•' taxation accordingly.*'
It was moved and seconded to strike out the word
** two,'^ and insert the word " six" —
July 12.] FEDERAL CONVENTION. 173
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Pennsylvania,
Maryland, South CaroHna - , 5
Nays — Massachusetts, Virginia, North Carolina,
Georgia - ^ - . . 4
Divided — Delaware - - - 1
It was moved and seconded to fill up the blank
with the number " twenty."
Passed in the negative.
Yeas — Connecticut, New Jersey, Pennsylvania o
NAYs-^Massachusetts, Delaware, Maryland, Virgi-
nia, North Carolina, South Carolina, Georgia 7
It was moved and seconded to fill up the blank
with the word " ten" —
Which passed in the affirmative.
Yeas — Massachusetts, Pennsylvania, Delaware, Ma-
ryland, Virginia, North Carolina, South Carolina,
Georgia - - - - 8
Nays — Connecticut, New Jersey - 2
It was moved and seconded to strike out the words
" in the manner and according to the ratio recommend-
" ed by Congress in their recommendation of April
" 18, 1783;" and to substitute the following, namely,
" of every description and condition" —
Which passed in the negative.
Yeas — South Carolina, Georgia - 2
Nays — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North
Carolina . - - 8
The question being about to be put upon the clause
as amended, the previous question was called for,
and passed in the negative.
Yea — New Jersey - - - 1
[
174 JOURNAL OF THE [July 15.
Nays — Massachusetts, Connecticut, Pennsylvania,
Maryland, Virginia, North Carolina, South Carolina.
Georgia - - - -8
Divided — Delaware - - - 1
On the question to ag*-ee to the clause as amended,
namely,
" Provided always, That representation ought to be
" proportioned according to direct taxation. And in
" order to ascertain the alteration in the direct taxa-
" tion which may be required, from time to time, by
" the changes in the relative circumstances of the
" states—
" Resolved, That a census be taken within six years
*' from the first meeting of the legislature of the United
" States, and once within the term of every ten years
" afterwards, of all the inhabitants of the United States,
" in the manner and according to the ratio recommend-
" ed by Congress in their resolution of April 18, 1783 ;
" and that the legislature of the United States shall
" proportion the direct tax accordingly."
It passed in the affirmative.
Yeas — Connecticut, Pennsylvania, Maryland, Vir-
ginia, North Carolina, Georgia - - 6
Nays — New Jersey, Delaware, - - 2
Divided — Massachusetts, South Carolina 2
And then the house adjourned until to-morrow, at
1 1 o'clock, A. M.
FRIDAY, JULY 13, 1787.
It was moved and seconded to postpone the con-
sideration of that clause in the report of the grand
committee, which respects the originating of money
Jaly 13.] FEDERAL CONVENTION. 175
bitis in the first branch, in order to take up the follow-
ing, namely,
" That in the second branch of the legislature of the
" United States, each state shall have an equal vote."
It was moved and seconded to add the following
amendment to the last clause agreed to by the house,
namely,
" That from the first meeting of the legislature of
*' the United States, until a census shall be taken, all
" moneys to be raised for supplying the publick trea-
" sury by direct taxation shall be assessed on the in-
•' habitants of the several states according to the
•' number of their representatives, respectively, in the
•' first branch,"
It was moved and seconded to postpone the coDsi-
deration of the amendment —
Which passed in the negative.
Yeas — Connecticut, New Jersey, Delaware, Ma-
ryland - - - - 4
Nays — Massachusetts, Pennsylvania, Virginia, North
Carolina, South Carolina, Georgia - &
On the question to agree to the amendment,
It passed in the negative.
Yeas — Massachusetts, Pennsylvania, North Caro-
lina, South Carolina, Georgia - - 5
Nays — Connecticut, New Jersey, Delaware, Mary-
land, Virginia - - . 5
It was moved and seconded to agree to the follow-
ing amendment, namely,
'' 'ijrhat from the first meeting of the legislature of
'• the United States until a census shall be taken, all
'* moneys for supplying the publick treasury, by direct
^' taxation, shall be raised from the several states ac-
176 JOURNAL OF TH£ [July 13.
" cording to the number of their representatives, re-
•' spectively, in the first branch" —
Which passed in the affirmative.
Yeas — Massachusetts, Virginia, North Carolina.
South Carolina, Georgia - - 5
Nays — Connecticut, New Jersey, Delaware, Mary-
land - - - -4
Divided — Pennsylvania - - - 1
It was moved and seconded to re-consider the se-
cond clause of the report from the committee of five,
entered on the journal of the 9th instant —
Which was unanimously agreed to.
It was moved and seconded to alter the second clause
reported from the committee of five, entered on the
journal of the 9th instant, so as to read as follows,
namely,
" But as the present situation of the states may
" probably alter in the number of their inhabitants,
" that the legislature of the United States be authoriz-
" ed, from time to time, to apportion the number of
" representatives. And in case any of the states shall
" hereafter be divided, or any two or more states
" united, or any new states created within the limits
" of the United States, the legislature of the United
'' States shall possess authority to regulate the number
" of representatives in any of the foregoing cases,
*' upon the principle of their number of inhabitants,
^' according to the provisions hereafter mentioned."
On the question to agree to the clause as amended.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey.
Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia - . . q
July 14.] FEDERAL COiWENTION. 177
Divided — Delaware - - - 1
It was moved and seconded to add, after the word
" divided," the following words, namely, " or enlarged
" by addition of territory"—
Which passed unanimously in the affirmative.
It was moved and seconded to adjourn.
Passed in the affirmative.
Yeas — Massachusetts, Connecticut, Delaware, Ma-
ryland, North Carolina, South Carolina - 6
Nays — New Jersey, Pennsylvania, Virginia, Geor-
gia . - . . . 4
And then the house adjourned until to-morrow, at
11 o'clock, A.M.
SATURDAY, JULY 14, 1787.
It was moved and seconded to agree to the following
proposition, namely,
" That to secure the liberties of the states already
" confederated, the number of representatives, in the
*' first branch, from the states which shall hereafter
" be established, shall never exceed the representa-
" lives from such of the thirteen United States as shall
*' accede to this confederation." *
On the question to agree to the proposition,
It passed in the negative.
Yeas — Massachusetts, Connecticut, Delaware, Ma-
ryland . - _ - 4
Nays — New Jersey, Virginia, North Carolina,
South Carolina, Georgia - - - 5
Divided — Pennsylvania . . 1
It was nioved and seconded to reconsider the two
propositions reported from the grand committee, and
23
178 JOURNAL OF THE [July 16,
agreed by the house to stand part of the report en-
tered on the journal of the 6th instant.
It was moved by Mr. Pinckney, and seconded, to
postpone the second clause of the report from the
grand committee, entered on the journals of the 6th
instant, in order to take up the following, namely,
" That the second branch of the legislature shall
•' have thirty-six members : of which number
" New Hampshire shall have two,
" Massachusetts .... four,
" Rhode Island .... one,
'' Connecticut .... three,
•^ New York .... three.
'* New Jersey .... two,
•' Pennsylvania .... four,
'' Delaware .... one,
•' Maryland .... three,
a Virginia .... five,
•' North Carolina .... three,
" South Carolina .... three,
" Georgia .... two.''
On the question to postpone.
It passed in the negative.
Yeas — Pennsylvania, Maryland, Virginia, South
Carolina - - - - 4
Nays — Massachusetts, Connecticut, New Jersey,
Delaware, North Carolina, Georgia - 6
And then the house adjourned till Monday.
MONDAY, JULY 16, 1787.
The question being taken on the whole of the report
from the grand committee, as amended,
July 16.]
FEDERAL CONVENTION.
179
It passed in the affirmative, and is as follows,
namely,
'' Resolved, That in the original formation of the
" legislature of the United Stales, the first branch
" thereof shall consist of sixty-five members : of which
" number
" New Hampshire
shall send
three,
" Massachusetts
••••
eight,
" Rhode Island
•••<
one.
'' Connecticut
•••<
five.
" New York
...
six,
" New Jersey
• ••<
four.
" Pennsylvania
....
eight.
" Delaware
.»•
one,
•' Maryland
••••
six,
" Virginia
• *•
ten,
'' North Carolina
...
five,
" South Carolina
...
five,
" Georgia
....
three.
" 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 rep-
" resentatives. And in case any of the states shall
" hereafter be divided, or enlarged by addition of ter-
" ritory, 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 repre-
" sentatives, 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
Igd JOURNAL OF THE [July 16.
'' proportioned according to direct taxation. And in
-' order to ascertain the alteration in the direct taxa-
'' lion, which may be required, from time to time, by
^' the changes in the relative circumstances of the
-' states —
" Resolved, That a census be taken within six years
-' from the first meeting of the legislature of the United
'' States, and once within the term of every ten years af-
•* lerwards, of all the inhabitants of the United States,
'' in the manner, and according to the ratio recom-
" mended by Congress, in their resolution of April
" 18, 1783; and that the legislature of the United
" States shall proportion the direct taxation accord-
" ingly.
" Resolved, That all bills for raising or appropri-
" ating money, and for fixing the salaries of the offi-
*' cers 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 publick treasury, but in pursuance
' of appropriations to be originated by the first branch.
*' Resolved, That in the second branch of the legis-
•' kture of the United States, each state shall have an
" equal vote."
Yeas — Connecticut, New Jersey, Delaware, Mary-
land, North Carolina - - 5
Nays — Pennsylvania, Virginia, South Carolina,
Georgia - - - - 4
Divided — Massachusetts - - 1
It was moved and seconded to agree to the first
clause of the sixth resolution reported from the com-
mittee of the whole house, namely,
July 17.3 FEDERAL CONVENTION. ISl
" That the national legislature ought to possess the
" legislative rights vested in Congress by the confede-
" ration" —
Which passed unanimously in the affirmative.
It was moved and seconded to commit the second
clause of the sixth resolution reported from the com-
mittee of the whole house —
Which passed in the negative.
Yeas — Connecticut, Maryland, Virginia, South Ca-
rolina, Georgia - - - 5
Nays — Massachusetts, New Jersey, Pennsylvania,
Delaware, North Carolina - - 5
It was moved and seconded to adjourn.
Passed in the negative.
Yeas — New Jersey, Pennsylvania, Maryland, Vir-
ginia, North Carolina - - 5
Nays — Massachusetts, Connecticut, Delaware, South
Carolina, Georgia - - - 5
The motion to adjourn was repeated.
Passed in the affirmative.
Yeas — Massachusetts, New Jersey, Pennsylvania,
Maryland, Virginia, North Carolina, South Carolina 7
Nays — Connecticut, Delaware - 2
Divided — Georgia - - - 1
And then the house adjourned till to-morrow, at
11 o'clock, A. M.
TUESDAY, JULY 17, 1787.
It was moved by Mr. Sherman, and seconded, to
postpone the consideration of the second clause of the
sixth resolution, reported from the committee of the
whole house, in order to take up the following :
182 JOURNAL OF THE [July 17.
" To make laws binding on the people of the United
" States in all cases which may concern the common
" interests of the union: but not to interfere with the
" government of the individual states in any matters
" of internal police, which respect the government of
" such states only, and wherein the general welfare of
" the United States is not concerned" —
Which passed in the negative.
Yeas — Connecticut, Maryland - - 2
Nays — Massachusetts, New Jersey, Pennsylvania,
Delaware, Virginia, North Carolina, South Carolina,
Georgia - - - _ g
It was moved by Mr. Bedford, and seconded, to alter
the second clause of the sixth resolution, so as to read
as follows, namely,
*' And moreover to legislate in all cases for the gene-
'• ral interests of the union ; and also in those to which
" the states are separately incompetent, or in which
" the harmony of the United States maybe interrupted
'' by the exercise of individual legislation" —
Which passed in the affirmative.
Yeas — Massachusetts, New Jersey, Pennsylvania,
Delaware, Maryland, North Carolina - 6
Nays — Connecticut, Virginia, South Carolina, Geor-
gia - ... 4
It was moved and seconded, to agree to the second
clause of the sixth resolution, as thus amended.
Passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North
Carolina - - - 8
Nays — South Carolina, Georgia - 2
On the question to agree to the following clause of
July 17.] FEDERAL CONVENTION. 183
the sixth resolution reported from the committee of
the whole house, namely,
" To negative all laws passed by the several states
'• contravening, in the opinion of the national legisla-
'• ture, the articles of union, or any treaties subsisting
^' under the authority of the union" —
It passed in the negative.
Yeas — Massachusetts, Virginia, North Carolina 3
Nays — Connecticut, New Jersey, Pennsylvania,
Delaware, Maryland, South Carolina, Georgia 7
It was moved and seconded to agree to the follow-
ing resolution^ namely,
" Resolved, That the legislative acts of the United
" States, made by virtue and in pursuance of the ar-
" tides 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 ju-
" diciaries of the several states shall be bound thereby
" in their decisions — any thing in the respective laws
" of the individual states to the contrary, notwith-
" standing" —
Which passed unanimously in the affirmative.
On the question to agree to the first clause of the
ninth resolution reported from the committee of the
whole house, namely,
" That a national executive be instituted to consist
*• of a single person"—-
It passed unanimously in the affirmative.
It was moved and seconded to strike the words
" national legislature," out of the second clause of the
ninth resolution reported from the committee of the
184 JOURNAL OF THE [July 17.
whole house, and to insert the words " the citizens
« of the United States"—
Which passed in the negative.
Yea — Pennsylvania - - . i
Nays — Massachusetts, Connecticut, New Jersey,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia - - - 9
It was moved and seconded to alter the second
clause of the ninth resolution reported from the com-
mittee of the whole house, so as to read,
<' To be chosen by electors to be appointed by the
" several legislatures of the individual states" —
Which passed in the negative.
Yeas — Delaware, Maryland - - 2
Nays — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Virginia, North Carolina, South Ca-
rolina, Georgia - _ - - 8
It was moved and seconded to agree to the follow-
ing clause, namely,
" To be chosen by the national legislature"—-
Which passed unanimously in the affirmative.
It was moved and seconded to postpone the con-
sideration of the following clause,
'' For the term of seven years" —
Which was unanimously agreed to.
On the question to agree to the following clause,
namely,
" With power to carry into effect the national laws" —
It passed unanimously in the affirmative.
On the question to agree to the following clause,
namely,
" To appoint to offices in cases not otherwise pro-
•>* vided for" —
It passed unanimously in the affirmative.
July 17.] FEDERAL CONVENTION. 185
It was moved and seconded to strike out the follow-
ing words, namely,
" To be ineligible a second time" —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Maryland, Georgia - - 6
Nays — Delaware, Virginia, North Carolina, South
Carolina _ - - - 4
It was moved and seconded to strike out the words
" seven years," and to insert the words " good be-
" haviour" —
Which passed in the negative.
Yeas — New Jersey, Pennsylvania, Delaware, Vir-
ginia . - - . . 4
Nays — Massachusetts,Conneclicut, Maryland, North
Carolina, South Carolina, Georgia - 6
It was moved and seconded to strike out the words
*' seven years" —
Which passed in the negative.
Yeas — Massachusetts, Pennsylvania, Delaware,
North Carolina - - .4
Nays — Connecticut, New Jersey, Maryland, Vir-
ginia, South Carolina, Georgia - - 6
It was moved and seconded to reconsider the vote
to strike out the words, " to be ineligible a second
*' time."
Passed unanimously (eight states) in the affirmative.
It was moved and seconded to reconsider imme-
diately.
Passed in the affirmative.
Yeas — Massachusetts, Connecticut, Delaware, Ma-
ryland, North Carolina, South Carolina - 6
Nays — Pennsylvania, Virginia - - 2
24
186 JOURNAL OF THE ^ [Juiv 18,
It was moved and seconded to reconsider the clause
to-morrow.
Passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at
1 1 o'clock, A. M.
WEDNESDAY, JULY 18, 1787.
It was moved and seconded to postpone the consi-
deration of the following clause in the ninth resoluuon,
reported from the committee of the whole house,
namely,
" For the term of seven years" —
Which passed unanimously in the affirmative.
It was moved and seconded to postpone the con-
sideration of the remaining clause of the ninth and the
tenth resolutions, in order to take up the eleventh
resolution —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, Delaware, Ma-
ryland - - - - 4
Nays — Pennsylvania, Virginia, South Carolina 3
Divided — North Carolina - - - 1
On the question to agree to the following clause of
the eleventh resolution, namely,
" That a national judiciary be established" —
It passed unanimously in the affirmative.
On the question to agree to the following clause of
the eleventh resolution, namely,
^' To consist of one supreme tribunal" —
It passed unanimously in the affirmative.
It was moved and seconded to strike out the words
'' second branch of the national legislature," and to
July 18.] FEDERAL CONVENTION. m
insert the words " national executive," in the eleventh
resolution —
Which passed in the negative.
Yeas — Massachusetts, Pennsylvania' - 2
Nays — Connecticut, Delaware, Maryland, Virgi-
nia, North Carolina, South Carolina - 6
It was moved and seconded to alter the third clause
of the eleventh resolution, so as to read as follows,
namely,
" The judges of which shall be nominated and ap-
" pointed by the executive, by and with the advice
" and consent of the second branch of the legislature
" of the United States ; and every such nomination
" shall be made at least days prior to
" such appointment" —
Which passed in the negative.
Yeas — Massachusetts, Pennsylvania, Maryland,Vir-
ginia - - - .4
Nays — Connecticut, Delaware, North Carolina,
South Carolina - . - 4
It was moved and seconded to alter the third clause
of the eleventh resolution, so as to read as follows,
namely,
" That the judges shall be nominated by the execu-
" tive ; and such nomination shall become an appoint-
" ment, if not disagreed to within days
" by two thirds of the second branch of the legisla-
*' ture."
It was moved and seconded to postpone the con-
sideration of the last amendment —
Which was unanimously agreed to.
On the question to agree to the following clause of
the eleventh resolution, namely,
188 JOURNAL OF THE [July 18
*' To hold their offices during good behaviour" —
It passed unanimously in the affirmative.
Oa the question to agree to the following clause of
the eleventh resolution, namely,
" To receive, punctually, at stated times, a fixed
" compensation for their services" —
It passed unanimously in the affirmative.
It was moved and seconded to strike the words
'' increase or," out of the eleventh resolution —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, South Carolina - 6
/ Nays — Virginia, North Carolina - - 2
On the question to agree to the clause as amended?
namely,
^' To receive, punctually, at stated times, a fixed
" compensation for their services, in which no diminu-
" tion shall be made so as to affect the persons actually
'' in office at the time of such diminution" —
It passed unanimously in the affirmative.
On the question to agree to the twelfth resolution,
namely,
" That the national legislature be empowered to
" appoint inferior tribunals" —
It passed unanimously in the affirmative.
It was moved and seconded to strike the words
'• impeachments of national officers," out of the thir-
teenth resolution —
Which passed unanimously in the affirmative.
It was moved and seconded to alter the thirteenth
resolution, so as to read as follows, namely,
" That the jurisdiction of the national judiciary
'• shall extend to cases arising under laws passed by
July 18.] FEDERAL CONVENTION. 189
" the general legislature, and to such other questions
" as involve the national peace and harmony" —
Which passed unanimously in the affirmative.
On the question to agree to the fourteenth resolu-
tion, namely,
" Resolved, That provision ought to be made for the
" admission of states lawfully arising within the limits
" of the United States, whether from a voluntary junc-
" tion of government and territory, or otherwise with
" the consent of a number of voices in the national
" legislature less than the whole" —
It passed unanimously in the affirmative.
On the question to agree to the first clause of the
fifteenth resolution, reported from the committee of the
whole house.
It passed in the negative.
Yeas — Virginia, North Carolina - - 2
Nays — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, South Carolina, Georgia 7
On the question to agree to the last clause of the
fifteenth resolution.
It passed unanimously in the negative.
It was moved and seconded to alter the sixteenth
resolution, so as to read as follows, namely,
*' That a republican form of government shall be
" guarantied to each state ; and that each state shall be
•' protected against foreign and domestic violence" —
Which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 11
o'clock, A. M.
19a JOURNAL OF THE [July 19.
THURSDAY, JULY 19, 1787.
It was moved and seconded to reconsider the seve-
ral clauses of the ninth resolution, which respect the
appointment, duration, and eligibility of the national
executive —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, South
Carolina, Georgia - - - 9
Nay — North Carolina - - ' 1
North Carolina withdrew their negative,
And it was unanimously agreed to reconsider imme-
diately.
It was moved by Mr. Ellsworth, and seconded, to
agree to the following proposition, namely,
" To be chosen by electors appointed for that pur-
'* pose by the legislatures of the states, in the following
** proportion :
'' 0?ie person, from each state whose numbers, ac-
^' cording to the ratio fixed in the resolution, shall not
" exceed 100,000; two, from each of the others, whose
" numbers shall not exceed 300,000 ; and three, from
"• each of the rest."
On the question to agree to the following clause,
namely,
" To be chosen by electors appointed for that
" purpose" —
It passed in the affirmative.
Yeas — Connecticut, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia - - 6
Nays — North Carolina, South Carolina, Georgia 3
July 19.] FEDERAL CONVENTION. 191
Divided — Massachusetts - - 1
On the question to agree to the following clause,
" By the legislatures of the states" —
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, North Carolina,
Georgia - - - - 8
Nays — Virginia, South Carolina - 2
It was agreed to postpone the consideration of the
remainder of the proposition.
It was moved and seconded to agree to the follow-
ing clause, namely,
" For the term of seven years" —
Which passed in the negative.
Yeas — New Jersey, South Carolina, Georgia 3
Nays — Connecticut, Pennsylvania, Delaware, Mary-
land, Virginia - - - 5
Divided — Massachusetts, North Carolina 2
On the question to agree to the following clause,
namely,
" For the term of six years" —
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia - - 9
Nay — Delaware - i - - 1
On the question to restore the words, " To be
" ineligible a second time" —
It passed in the negative.
Yeas — North Carolina, South Carolina - 2
Nays — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland,Virginia, Georgia 8
And then the house adjourned till to-morrow, at. 1 1
o'clock. A, M.
192 JOURNAL OF THE [July 20.
FRIDAY, JULY 20, 1787.
It was moved by Mr. Gerry, and seconded, to post-
pone the consideration of the clause respecting the
number of electors, entered on the journal yesterday,
in order to take up the following, namely,
"Resolved, That for the first election of the su-
" preme executive, the proportion of electors shall be
" as follows, namely,
" New Hampshire one,
" Massachusetts three,
" Rhode Island one,
" Connecticut two,
" New York two,
"- New Jersey two,
" Pennsylvania three,
" Delaware one,
" Maryland two,
" Virginia three,
" North Carolina two,
" South Carolina two,
" Georgia one,
'» In all, twenty-five electors."
On the question to postpone.
It passed in the affirmative.
Yeas — Massachusetts, Pennsylvania, Virginia, North
Carolina, South Carolina, Georgia - - 6
Nays-— Connecticut, New Jersey, Delaware, Mary-
land ... - 4
It was moved and seconded to refer the last motion
to a committee —
Which passed in the negative.
July fed.] FEDERAL CONVENTION. IKS
Yeas — New Jersey, Delaware, Maryland 3
Nays — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia 7
It was moved and seconded to add one elector to
the states of New Hampshire and Georgia—
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Pennsylvania,Vir'
ginia. South Carolina, Georgia - - 6
Nays — Massachusetts, Delaware, Maryland, North
Carolina - - _ - 4
The last motion having been misunderstood, it vr^s
moved and seconded that it be put again.
And on the question to give an additional elector to
each of the states of New Hampshire and Georgia,
It passed in the negative.
Yeas — Connecticut, South Carolina, Georgia 3
Nays — Massachusetts, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina 7
On the question to agree to the above resolution,
respecting the first election of the supreme executive,
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Virginia, North Carolina, South Carolina - 6
Nays — New Jersey, Delaware, Maryland, Geor-
gia - - - - 4
It was moved and seconded to agree to the follow-
ing resolution :
'^ Resolved, That the electors respectively shall not
•• be members of the national legislature, or officers of
" the union, or eligible to the office of supreme ma-
•• gistrate" —
Which passed in the affirmative.
ft was moved and seconded to agree to the following
t&4 JOURNAL OF THE [July 20,
clause of the ninth resolution reported from the .com-
mittee of the whole house, namely,
" To be removeable on impeachment and convic-
•' lion of mal practice, or neglect of duty,'-
It was moved and seconded to postpone the con-
sideration of the last motion —
Which passed in the negative.
Yeas — Massachusetts, South Carolina 2
Nays — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland, Virginia, North Carolina, Georgia 8
It was moved and seconded to agree to the clause — •
Which passed in the aflSrmative.
Yeas — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland, Virginia, North Carolina, Georgia t
Nays— Massachusetts, South Carolina - 2
It was moved and seconded to agree to the following
clause, namely,
'* To receive a fixed compensation for the devotion
•« of his time to publick service" — , r
Which passed unanunously in the affirmative.
It was moved and seconded to agree to the following
clause, namely,
" To be paid out of the national treasury" —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia - - - 9
Nay — New Jersey . - 1
It was moved and seconded to adjourn.
Passed in the affirmative.
Yeas — Massachusetts, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, South Carolina, Geor-
gia - - - " ^
NAYS—Connecticut, North Carolina - 2
July 21.] FEDERAL CONVENTION. 19S
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
SATURDAY, JULY 21, 1787.
it was moved and seconded to add the following
clause to the resolution respecting the electors of the
supreme executive, namely,
" Who shall be paid out of the national treasury,
'- for the devotion of their time to the publick ser-
^« vice" —
Which passed unanimously in the affirmative.
It was moved and seconded to add, after the words
" national executive," in the tenth resolution, the
words " together with the supreme national judi-
" ciary" —
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 tenth
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 amend-
ment of the third clause of the eleventh resolution,
namely,
'" That the judges shall be nominated by the execu-
196 JOURNAl. OF THE [July 23.
" tive ; and such nomination shall become an appoint-
" ment, if not disagreed to by the second branch of
-' the legislature" —
It passed in the negative.
Yeas — Massachusetts, Pennsylvania, Virginia 3
NAYls-^Connecticut, Delaware, Maryland, North
Carolina, South Carolina, Georgia - 6
On the question to agree to the following clause of
the eleventh 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.
YfiAs-^Connecticut, Delaware, Maryland, North
Carolina, South Carolina, Georgia - 6
Nays — Massachusetts, Pennsylvania, Virginia, 3
And then the house adjourned till Monday nes^t, at
1 1 o'clock, A, M.
MONDAY, JULY 23, 1787.
The honorable John Langdon and Nicholas Gill-
man, Esquires, deputies from the state of New Hamp-
shire, attended and took their seats.
The following credentials were produced and read.
[See p. 170
On the question to agree to the seventeenth resolu-
tion, as reported from the committee of the whole
house, namely,
" That provision ought to be made for the amend-
" ment 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
Jaly 23.] FEDERAL CONVENTION. Ip
" states," in the eighteenth resolution, the words " and
" of the national government" —
Which passed in the affirmative.
On the question to agree to the eighteenth 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 follow-
ing words out of the nineteenth resolution, reported
from the committee of the whole house, namely,
" To an assembly or assemblies of representatives.
" recommended by the several legislatures, to be e^-
" pressly chosen by the people to consider and decide
" thereon" —
Which passed in the negative.
Yeas — Connecticut, Delaware, Maryland - 3
Nays — New Hampshire, Massachusetts, Pennsylva-
nia,Virginia, North Carolina, South Carolina, Georgia 7
On the question to agree to the nineteenth resolu-
tion, 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 assero-
*' blies 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 Hajnpshire, Massachusetts. Connectieut,
198 JOURNAL OF THE [July 23
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 - - - - - ]
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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, Connecti-
cut, Pennsylvania, Delaware, Virginia, North Caroli-
na, 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, Connecti-
cut, Delaware, North Carolina, South Carolina, Geor-
gia 7
Nays — Pennsylvania, Maryland, Virginia - 3
I
July 23-3 FEDERAL CONVENTION. 19a
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 go-
vernment, except what respects the supreme execu-
tive, be referred to a committee for the purpose of re-
porting a constitution, conformably to the proceedings
aforesaid —
Which passed unanimously in the affirmative.
On the question that the committee consist of a mem-
ber from each slate.
It passed in the negative.
Yea — Delaware - - - - - 1
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Maryland, Virginia, North Caroli-
na, South Carolina, Georgia - - 9
On the question that the committee consist of seven,
It passed in the negative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 1 1
o'clock, A. M.
m JOURNAL OF THE i^July ^24.
TUESDAY, JULY 24, 1787.
It was moved and seconded to strike the following
words out of the resolution respecting the su-
preme executive, namely, " by electors appointed for
" that purpose by the legislatures 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, Vir-
ginia ----- 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 conside-
ration of the resolution, respecting the executive — ■
Which passed in the negative.
Yeas — Connecticut, Pennsylvania, Maryland, Vir-
ginia ----- 4
Navs — 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 being taken on the last mo-
tion,
July 25.] FEDERAL CONVENTION. 201
It was determined that the motion is in order.
Yeas — New Hampshire, Massachusetts, New Jer-
sey, 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 commit-
tee of detail —
When the honourable Mr. Rutledge, Mr. Randolph,
Mr. Gorham, Mr. Ellsworth, and Mr. Wilson were
chosen.
It was moved and seconded to discharge the commit-
tee of the whole house from acting on the propositions
submitted to the convention by the honourable Mr.
C. Pinckney ; and that the said propositions be refer-
red to the committee ta 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 ho-
nourable Mr. Patterson —
Which passed unanimously in the affirmative.
And then the house adjourned till to-morrow, at 1 i
o'clock, A, M.
WEDNESDAY, JULY 25, 1787.
It was moved by Mr. Ellsworth, and seconded, to
I agree to the following amendment to the resolution re-
specting the election of the supreme executive, namely,
I " Except when the magistrate last chosen shall
! 26
202 JOURNAL OF THE [July 25.
" have continued in office the whole term for which he
" was chosen, and be re-eligible ; in which case the
'^ choice shall be by electors appointed for that pur-
'' pose by the several legislatures."
It passed in the negative.
Yeas— New Hampshire, Connecticut, Pennsylvania,
Maryland ----- 4
Nays — Massachusetts, New Jersey, Delaware, Vir-
ginia, North Carolina, South Carolina, Georgia 7
It was moved by Mr. Pinckney, and seconded, to
agree to the following amendment to the resolution re-
specting the supreme executive, namely,
" Provided, That no person shall be capable of hold-
•* ing the said office for more than six years in any
'' term of twelve."
It was moved and seconded to postpone the conside-
ration of the last amendment —
Which passed in the negative.
Yeas — Connecticut, New Jersey, Pennsylvania, Ma-
ryland, Virginia - - - - 5
Nays— New Hampshire, Massachusetts, Delaware,
North Carolina, South Carolina, Georgia - g
On the question to agree to the amendment,
It passed in the negative.
Yeas — New Hampshire, Massachusetts, North Ca-
rolina, South Carolina, Georgia - - 6
Nays — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland, Virginia - . 6
It was moved and seconded that the members of the
committee be furnished with copies of the proceed-
ings—
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
My 26.3 FEDERAL CONVENTION. 203
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, Georgia - - 10
Nay— South Carolina - - - 1
It was moved and seconded, that the members of
the house take copies of the resolutions which have
been agreed to.
Passed in the negative.
Yeas — Connecticut, New Jersey, Delaware, Vir-
ginia, North Carolina - - - 5
Nays — New Hampshire, Massachusetts, Pennsylva-
nia, 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 com-
mittee of detail.
Before a determination was taken on the last motion,
If 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 1 1 o'clock,
A.M.
THURSDAY, JULY 26, 1787.
It was moved and seconded to amend the third clause
of the resolution respecting the national executive, so
as to read as follows, namely,
" For the term of seven years, to be ineligible a se-
•* cond time" —
Which passed in the affirmative.
204 JOURNAL OF THE [July 26.
YfiASr^New Hampshire, New Jersey, Maryland, Vir-
ginia, North Carolina, South Carolina, Georgia 7
Nays — Connecticut, Pennsylvania, Delaware 3
On the question to agree to the whole resolution re-
specting the supreme executive, namely,
" Resolved, That a national executive be insti-
'* tuted—
'^ 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 pro-
" vided for ;
" To be removeable on impeachment and conviction
" of mal-practice or neglect of duty ;
" To receive a fixed compensation for the devotion
" of his time to publick service ;
" To be paid out of the publick treasury"-r-
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 com-
" mittee, 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 citizen-
" ship in the United States, for the executive, the ju-
July 26.] FEDERAL CONVENTION. 205
" diciary, and the members of both branches of the
" legislature of the United States ; and for disqualify-
" ing all such persons as are indebted to, or have un-
" settled accounts with, the United States, from being
" members of either branch of the national legisla-
" ture."
It was moved and seconded to strike out the word
" landed."
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 - - - - i
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, Connect!-
20G JOURNAL OF THE [July 26.
cut, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina - - 9
Nays — New Jersey, Georgia - - 2
On the question to agree to the clause of disqualifi-
cation, as amended,
It passed in the negative.
Yeas — North Carolina, Georgia - - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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 com-
" mittee to whom were referred the proceedings of the
" convention for the establishment of a national go-
" vernment, to receive a clause or clauses for prevent-
" ing 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 publick
'* buildings can be erected."
It was moved and seconded to postpone the conside-
ration of the last resolution.
It was moved and seconded to refer such proceed-
ings 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
tiU Monday, August 6.
July 26.] FEDERAL CONVENTION. — ^^ 307
RESOLUTIONS OF THE CONVENTION
REFERRED, ON THE TWENTY-THIRD AND TWENTY-SIXTH
or JULY, 1787, TO a committee op detail, (MESSRS.
rutledge, randolph, gorham, ellsworth, and
Wilson) for the purpose of reporting a consti-
tution.
JOURNALS,
June 20. i. Resolved, That the government of the
United States ought to consist of a
supreme legislative, judiciary, and ex-
ecutive.
June 21. II. Resolved, That the legislature consist
of two branches.
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
June 22. years ; to be paid out of the publick
treasury ; to receive an adequate
compensation for their services; to
June 23. be of the age of twenty-five years at
least -J to be ineligible and incapable
of holding any office under the autho-
rity of the United States (except those
peculiarly belonging to the functions
of the first branch) during the term
of service of the first branch.
June 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
aoa JOURNAL OF THE [July 26.
June 26. 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 publick service ; to
be ineligible to and incapable of
holding any office, under the authori-
ty 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.
pon^527. VI. Resolved, That the national legisla-
July 16. ture ought to possess the legislative
rights vested in Congress by the con-
17. federation; and moreover, to legis-
late in all cases for the general inte-
rests of the union, and also in those
to which the states are separately in-
competent, or in which the harmony
of the United States may be inter-
rupted by the exercise of individual
legislation,
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 rati-
fied 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
July 66.] FEDERAL CONVENTION. ^9
July 17. said states, or their citizens and in-
habitants ; and that the judiciaries of
the several states shall be bound
thereby in their decisions, any thing
in the respective laws of the indivi-
dual states to the contrary, notwith-
standing.
IS, VIII. Resolved, That in the original forma-
tion of the legislature of the United
States, the first branch thereof shall
consist of sixty-five members; of
which number
New Hampshire si
lall send
three,
Massachusetts
....
eight,
Rhode Island
....
one,
Connecticut
.*.«
five,
New York
••t.
six.
New Jersey
....
four.
Pennsylvania
....
eight,
Delaware
....
one,
Maryland
...•
six,
Virginia
• ...
ten,
North Carolina
..*.
five,
South Carolina
....
five,
Georgia
....
three.
But as the present situation of the
states may probably alter in the num-
ber of their inhabitants, the legisla-
ture of the United States shall be au-
thorized, from time to time, to ap-
portion the number of representa-
tives ; and in case any of the states
shall hereafter be divided, or enlarg-
27
521U JOURNAL OF THE [July 26
•^uly 16. ed, 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 representa-
tives, in any of the foregoing cases,
upon the principle of their number of
inhabitants according to the provi-
sions 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 meet-
ing 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 tax-
ation accordingly.
X. Resolved, That all bills for raising or
appropriating money, and for fixing
the salaries of the officers of the go-
vernment of the United States, shall
originate in the first branch of the le
Jaly26.] FEDERAL CONVENTION. 211
July 16. gislature of the United States, and
shall not be altered or amended by
the second branch ; and that no mo-
ney shall be drawn from the publick
treasury, but in pursuance of appro-
priations 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.
July 26. XII. Resolved, That a national executive
be instituted, to consist of a single
person ; to be chosen by the nation-
al 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 of-
fices in cases not otherwise provided
for ; to be removable on impeach-
ment, and conviction of mal-practice
or neglect of duty ; to receive a fixed
compensation for the devotion of his
time to publick service ; to be paid
out of the publick treasury.
July 21. XIII. Resolved, That the national executive
shall have a right to negative any
legislative act, which shall not be af-
terwards 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 su-
preme tribunal, the judges of which
2J2 JOURNAL OF THE [July 26,
July 21. shall be appointed by the second
branch of the national legislature ;
18. to hold their offices during good be-
haviour ; to receive punctually, at
stated times, a fixed compensation
for their services, in which no dimi-
nution shall be made, so as to affect
the persons actually in office at the
time of such diminution.
XV. Resolved, That the national legislature
be empowered to appoint inferior
tribunals.
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 nation-
al peace and harmony.
XVII. Resolved, That provision ought to be
made for the admission of states law-
fully arising within the limits of the
United States, whether from a volun-
tary junction of government and ter-
ritory, or otherwise, with the consent
of a number of voices in the nation-
al 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 do-
mestick violence.
23. XIX. Resolved, That provision ought to be
made for the amendment of the arti-
July 26.3 FEDERAL CONVENTION. ^r^
July 23. cles of union,whensoever it shall seem
necessary.
XX. Resolved, That the legislative, execu-
tive, 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 represen-
tatives, 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 refer-
red the proceedings of the conven-
tion for the establishment of a nation-r
al government, to receive a clause or
clauses, requiring certain qualifica-
tions 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.
214 JOURNAL OF THE [August ti.
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 honourable John Francis Mercer, Esq. one of
the deputies from the state of Maryland, attended and
took his seat.
The honourable Mr. Rutledge, from the committee
to whom were referred the proceedings of the conven-
tion for the purpose of reporting a constitution for the
establishment of a national government, conformable to
the proceedings, informed the house that the commit-
tee were prepared to report.
The report was then delivered in at the secretary's ta-
ble ; and being read once throughout, and copies there-
of 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, Connecti-
cut, North Carolina, South Carolina - 5
The house then adjourned till to-morrow morning,
at 11 o'clock, A.M.
August 6.] FEDERAL CONVENTION. 215
DRAFT OF A CONSTITUTION,
REPORTED BY THE COMMITTEE OF FIVE, AUG. 6, 1787.*
We the people of the states of New Hampshire,
Massachusetts, Rhode Island and Providence Planta-
tions, Connecticut, New York, New Jersey, Pennsyl-
vania, 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,
ARTICLE I.
The style of this government shall be, " The United
"States of America."
ARTICLE II.
The government shall consist of supreme legisla-
tive, executive, and judicial powers.
ARTICLE 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
in every year.
* One copy of this printed draft is among the papers deposited by
President Washington, in the Department of State. — Another copy ia
among the papers of Mr. Brearly, furnished by general Bloomfieldo
^l* JOURNAL OF THE [August ;$.
ARTICLE IV.
Sect. 1. The members of the house of representa-
tives shall be chosen every second year, by the people
of the several states comprehended within this union.
The qualifications of the electors shall be the same,
from time to lime, as those of the electors in the seve-
ral states of the most numerous branch of their own
legislatures.
Sect. 2. Every member of the house of representa-
tives 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 in-
habitants shall be taken in the manner herein after de-
scribed, consist of sixty-five members ; of whom three
shall be chosen in New Hampshire, eight in Massachu-
setts, one in Rhode Island and Providence Plantations,
five in Connecticut, six in New York, four in New Jer-
sey, 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 difte-
rent states will alter from time to time ; as some of the
states may hereafter be divided ; as ethers may be en-
larged 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 representa-
Auguite.] FEDERAL CONVENTION. SiTf
lives by the number of inhabitants, according to the
provisions herein after made, at the rate of one for eve-
ry forty thousand.
Sect. 5, All bills for raising or appropriating mo-
ney, and for fixing the salaries of the officers of govern-
ment, shall originate in the house of representatives,
and shall not be altered or amended by the senate. No
money shall be drawn from the publick 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 execu=
tive authority of the state, in the representation from
which they shall happen.
ARTICLE 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 b6^
numbered one, two, and three. The seats of the meth-
bers 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 crvplration of
the sixth year ; so that a third part of the members may
be chosen every second year.
28
tit JOURNAL OF THE [August 6.
Sect. 3. Every member of the senate shall be of
the age of thirty years at least ; shall have been a citi-
zen in the United States for at least four years before
his election ; and shall be, at the time of his election, a
resident of the state for which he shall be chosen.
Sect. 4. The senate shall choose its own president
and other officers.
ARTICLE 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 5
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 elec-
tions, returns, and qualifications of its own members.
Sect. 5. Freedom of speech and debate in the legis-
lature 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 dur-
ing 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
behaviour : and may expel a member.
August 6.] FEDERAL CONVENTION. 219
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 ineli-
gible 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 hold-
ing 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 Unit-
ed States shall be, *' Be it enacted, and it is hereby
*' enacted hy the house of representatives, and by the
" senate of the United States, in Congress assembled."
Sect. 12. Each house shall possess the right of ori-
ginating 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
t» JOURNAL OF THE [August ^.
signing it; but if, upon such revision, it shall appear
^o 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,
^wo thirds of that house shall, notwithstanding the ob-
jections of the president, agree to pass it, it shall, to-
gether with his objections, be sent to the other house,
bj which it shall likev/ise be reconsidered; and if ap-
proved by two thirds of the other house also, it shall
becoQie 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 adjourn-
ment, prevent it3 return ; in which case it shall not be
a laiw.
ARTICLE VJI.
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 through-
out 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 ;
August 6.] FEDERAL CONVENTION. 221
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 5
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 punish-
ment 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 exe-
cute the laws of the union, enforce treaties, suppress in-
surrections, 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 go-
vernment 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 punish-
ment of treason. No person shall be convicted of trea-
son, unless on the testimony of two witnesses. No at-
tainder of treason shall work corruption of blood, nor
forfeiture, except during the life of the person attainted.
Sect. 3. The proportions of direct taxation shall be
^SS JOURNAL OF THE [August 6.
regulated by the whole number of white and other free
citizens and inhabitants, of every age, sex, and condi-
tion, including those bound to servitude for a term of
years, and three fifths of all other persons not compre-
hended 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 legisla-
ture 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 mi-
gration or importation be prohibited.
Sect. 5. No capitation tax shall be laid, unless in
proportion to the census herein before 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.
ARTICLE 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 citi-
zens 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.
August 6.] FEDERAL CONVENTION. ^
ARTICLE
Sect. 1. The senate of the United Stales shall have
power to make treaties, and to appoint ambassadors,
and judges of the supreme court.
Sect. 2. In all disputes and controversies now sub-
sisting, 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 also assign a
day for the appearance of the parties, by their agents,
before that house. The agents shall be directed to ap-
point, by joint consent, commissioners or judges to
constitute a court for hearing and determining the mat-
ter in question. But if the agents cannot agree, the
senate shall name three persons out of each of the seve-
ral 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 neg-
224 JOURNAL OF THE [August 6.
lect to attend at the day assigned, without showing suf-
ficient reasons for not attending, or, being present,
shall refuse to strike, the senate shall proceed to nomi-
nate 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 proceed-
ings shall be transmitted to the president of the senate,
and shall be lodged among the publick records for the
security of the parties concerned. Every commission-
er 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 mat-
" ter in question, according to the best of his judgment,
" without favour, affection, or hope of reward."
Sect. 3. All controversies concerning lands claimed
under different grants of two or more states, whose ju-
risdictions, 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.
ARTICLE X.
Sect. I. The executive power of the United Slates
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
August 6.] FEDERAL CONVENTION. 225
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 informa-
tion 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 case 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 exe^
cuted. 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. Fie shall
have power to grant reprieves and pardons ; but his
pardon shall not be pleadable in bar of an impeach-
ment. 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 in-
creased 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 exe-
" cute 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 con-
viction 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
^20
JOURNAL or THE [August 6.
duties of his office, the president of the senate shall ex-
ercise those powers and duties until another president
of the United States be chosen, or until the disability
of the president be removed.
ARTICLE XI.
Sect. 1. The judicial power of the United States
shall be vested in one supreme court, and in such infe-
rior 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
behaviour. They shall, at stated times, receive for
their services a compensation, which shall not be di-
minished 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 affiscting
ambassadors, other publick ministers and consuls ; to
the trial of impeachments of officers of the United
States ; to all cases of admiralty and maritime juris-
diction ; 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 publick 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 ap-
pellate, with such exceptions and under such regula-
tions as the legislature shall make. The legislature
may assign any part of the jurisdiction above mentioned
r
August 6.] FEDERAL CONVENTION. 22?
(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 consti-
tute from time to time.
Sect. 4. The trial of all criminal offences (except in
cases of impeachments) shall be in the state where
ihey shall be committed ; and shall be by jury.
Sect. 5. Judgment, in cases of impeachment, shall
not extend farther than to removal from office, and dis-
qualification to hold and enjoy any office of honour,
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.
ARTICLE XII.
No state shall coin money ; nor grant letters of
marque and reprisal ; nor enter into any treaty, alli-
ance, or confederation ; nor gi*ant any title of nobility.
ARTICLE xm.
No state, without the consent of the legislature of
the United States, shall emit bills of credit, or make
^ny 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 agree-
ment or compact with another state, or with any foreign
power ; nor engage in any war, unless it shall be ac-
tually 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.
228 JOURNAL OF THE [August 6.
ARTICLE XIV.
The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several
states.
ARTICLE XV.
Any person charged with treason, felony, or high
misdemeanour, 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 juris-
diction of the offence.
ARTICLE XVI.
Full faith shall be given in each state to the acts of
the legislatures, and to the records and judicial proceed-
ings of the courts and magistrates of every other state.
ARTICLE XVU.
New states, lawfully constituted or established within
the limits of the United States, may be admitted by the
legislature into this government ; but to such admission
the consent of two thirds of the members present in
each house shall be necessary. If a new state shall
arise within the limits of any of the present states, the
consent of the legislatures of such states shall be also
necessary to its admission. If the admission be con-
sented 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
publick debt, which shall be then subsisting.
August 6.] FEDERAL CONVENTION. m
ARTICLE XVIIIr
The United States shall guaranty to each state a
republican form of government ; and shall protect each
state against foreign invasions ; and, on the applica-
tion of its legislature, against domestick violence.
ARTICLE XIX.
On the application of the legislatures of two thirds
of the states in the union for an amendment of this
constitution, the legislature of the United States shall
call a convention for that purpose.
ARTICLE 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.
ARTICLE XXI.
The ratification of the conventions of states
shall be sufficient for organizing this constitution.
ARTICLE 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 legisla-
ture, in order to receive the ratification of such con-
vention.
JOURNAL OF THE [August 7.
ARTICLE 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 pro-
ceedings under this constitution; that after such pub-
lication, 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 consti-
tution.
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, Vir-
ginia, South Carolina _ - - 5
Nays — New Hampshire, Massachusetts, Connecti-
cut, North Carolina . - - 4
Delaware being represented 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
Augurt 7.] FEDERAL CONVENTION. 231
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, North Carolina, South Carolina 6
On the question to agree to the preamble to the con-
stitution, 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 first article, as re-
ported,
It passed in the affirmative.
On the question to agree to the second article, as re-
ported.
It passed in the affirmative.
It was moved and seconded to alter the second
clause of the third 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, Connecti
cut, Pennsylvania, North Carolina - - 5
Nays — Delaware, Maryland, Virginia, South Caro-
lina, Georgia . - - - o
On the question to strike the following clause out of
the third article, namely,
" Each of which shall, in all cases, have a negative
" on the other" —
It passed in the affirmative. >^
Yeas — New Hampshire, Massachusetts, Pennsylva-
nia, 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 third arti-
cle,
" Unless a different day shall be appointed by law" —
Which passed in the affirmative.
3«2 JOURNAL OF THE [August 7.
Yeas — Massachusetts, Pennsylvania, Delaware, Ma-
ryland, 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 third
article —
Which passed in the negative.
Yeas — South Carolina, Georgia - - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina . - - _ g
It was moved and seconded to insert after the word
" senate," in the third article, the following words,
namely,
" Subject to the negative hereafter mentioned" —
Which passed in the negative.
Yea — Delaware - - - - 1
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Maryland, Virginia, North Caroli-
na, South Carolina, Georgia - - 9
It was moved and' seconded to amend the last clause
of the third 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
"Hii December, unless a different day shall be appoint-.
•* ed by law" —
Which passed in the affirmative.
It was moved and seconded to strike out the last
clause in the first section of the fourth article,
Which passed in the negative.
YEA-»-Delaware . - - - j
Nays — New Hampshire. Massachusetts, Connect i-
August 8.3 FEDERAL CONVENTION. 233
cut, Pennsylvania, Virginia, North Carolina, South Ca-
rolina - _ ... 7
Divided — Maryland - , . l
It was moved and seconded to adjourn—
Which passed in the negative.
Yeas — Pennsylvania, Delaware, Maryland, Vir-
ginia ----- 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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, Connecti-
cut - - - - - - 3
Nays — Pennsylvania, Delaware, Maryland, Virginia^
North Carolina - - . - 5
Divided — South Carolina - - 1
The motion to adjourn renewed.
Passed in the affirmative.
Yeas — Connecticut, I%nnsylvania, Delaware, Mary-
land, Virginia, North Carolina, South Carolina 7
Nays — New Hampshire, Massachusetts - 2
The house then adjourned till to-morrow morning,
at U o'clock.
WEDNESDAY, AUGUST 8, 1787.
On the question to agree to the first section of the
fourth 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 second
section of the fourth article —
30
234 JOURNAL OF THE [August 8.
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 second
section of the fourth article by inserting the word " oP'
instead of " in" after the word " citizen," and the
words "an inhabitant" instead of the words " a resi-
'-' dent"—
Which passed in the affirmative.
Yeas — New Jersey, Maryland, Virginia, South Ca-
rolina ----- 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, North Carolina, Geor-
gia - - - - - - 7
It was moved and seconded to postpone Mr.
motion in order to take up Mr. Dickinson's —
Which passed in the negative.
Yeas — Maryland, South Carolina, Georgia 3
Nays — Massachusetts, New Hampshire, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina . - - - $
It was moved and seconded to insert the word
'' three"—
Which passed in the negative.
Yeas — South Carolina, Georgia - - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina - - - 9
It was moved and seconded to add one year resi-
dence before the election —
Which passed in the negative.
August 8.] FEDERAL CONVENTION. 235
Ye\s— New Jersey, North Carolina, South Caroli-
na, Georgia ... - 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Virginia - 6
Divided — Ms^ryland - - - 1
On the question to agree to the second clause of the
second section,
It passed unanimously in the affirmative.
On the question to agree to the second section of
the fourth 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 third section of the fourth
article —
Which passed in the negative.
Yeas — Delaware, North Carolina, South Carolina,
Georgia ... - . 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Maryland, Virginia 7
On the question to agree to the third section of the
fourth article, as reported.
It passed in the affirmative.
It was moved and seconded to alter the latter clause
of the fourth section of the fourth article, so as to read
as follows, namely,
" According to the rule herein after made for direct
•' taxation, not exceeding the rate of one for every
•' forty thousand" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia - - - 9
236 JOURNAL OF THE [August 9.
Nays — New Jersey, Delaware - - 2
It was moved and seconded to add the following
clause to the fourth section of the fourth 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 fourth section of
the fourth article —
Which passed in the negative.
Yea — New Jersey - - - 1
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Mai-yland, Virginia,
North Carolina, South Carolina, Georgia - 10
On the question to agree to the fourth section of the
fourth article, as amended.
It passed in the affirmative.
It was moved and seconded to strike out the fifth sec-
tion of the fourth article —
Which passed in the affirmative.
Yeas — New Jersey, Pennsylvania, Delaware, Ma-
ryland, Virginia, South Carolina, Georgia - 7
Nays — New Hampshire, Massachusetts, Connecti-
cut, North Carolina - - - - 4
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
THURSDAY, AUGUST 9, 1787.
On the question to agree to the sixth section of the
fourth article, as reported,
It passed in the affirmative.
August 9.] FEDERAL CONVENTION. 237
On the question to agree to the seventh section of the
fourth article, as reported,
It passed in the affirmative.
It was moved and seconded to insert the following
words, in the third clause of the fifth 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 third
clause of the first section of the fifth article —
Which passed in the negative.
Yea — Pennsylvania - - - 1
Nats — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Virginia, North Carolina, South Ca-
rolina, Georgia - - - . g
Divided — Maryland - - - 1
It was moved and seconded to add the following
words to the third clause of the first section of the fifth
article, namely,
" Unless other provision shall be made by the legis-
" lature"—
Which passed in the negative.
Yeas — Maryland, North Carolina, South Carolina.
Georgia ----- 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Virginia - 6
It was moved and seconded to alter the third clause
in the first section of the fifth article, so as to read as
follows, namely,
" Vacancies happening by refusals to accept, resig-
" nations, or otherwise, may be supplied by the legis-
"lature of the state in the representation of which such
" vacancies shall happen, or by the executive thereof,
*' until the next meeting of the legislature" —
238 JOURNAL OF THE [August &.
Which passed in the aflirmalive.
On the motion to agree to the three first clauses of
the first section of the fifth article,
It passed in the affirmative.
Yeas — New Hampshire, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland,Virginia, Georgia 8
Nays — Massachusetts, North Carolina - 2
Divided — South Carolina - - 1
It was moved and seconded to postpone the conside-
ration of the last clause in the first section of the fifth
article —
Which passed in the negative. i
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 first
section of the fifth article,
It passed in the affirmative.
It was moved and seconded to insert the following
words after the word " after" in the second section of
the fifth article, namely,
" They shall be assembled in consequence of" —
Which passed in the affirmative.
On the question to agree to the second section of the
fifth 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 third
section of the fifth article —
Which passed in the negative.
August 9.] FEDERAL CONVENTION. 239
Yeas — New Hampshire, New Jersey, South Caroli-
na, 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 " thirteen," in the third
section of the fifth article —
Which passed in the negative.
Yeas — New Hampshire, New Jersey, South Caroli-
na, 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 third sec-
tion of the fifth article —
Which passed in the negative.
Yeas — New Hampshire, New Jersey, South Caroli-
na, 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 third
section of the fifth 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 third sec-
tion of the fifth article, by inserting the word " of" after
the wor' "citizen;" and the words " an inhabitant"
instead of the words " a resident"—
S40 JOURNAL OF THE [August 9.
Which passed in the affirmative.
On the question to agree to the third section of the
tifth article, as amended,
It passed in the affirmative.
On the question to agree to the fourth section of the
fifth 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 first section of the sixth
article—
Which passed in the negative.
Yea — New Jersey - - - 1
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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 first
section of the sixth article —
Which passed in the affirmative.
It was moved and seconded to alter the second
clause in the first section of the sixth 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 legisla-
" ture of the United States"—
Which passed in the affirmative.
On the question to agree to the first section of the
sixth article, as amended,
It passed in the affirmative.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
August 10.] FEDERAL CONVENTION. 241
FRIDAY, AUGUST 10, 1787.
It was moved and seconded to strike out the second
section of the sixth article, in order to introduce the
following, namely,
" That the qualifications of the members of the le-
'' gislature be as follow :
'• The members of the house of representatives shall
•• possess a clear and unincumbered 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 second section of the sixth 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 second section of the
sixth article, as reported,
It passed in the negative.
Yeas — New Hampshire, Massachusetts, Georgia 3
Nays — Connecticut, New Jersey, Pennsylvania, Ma-
ryland, Virginia, North Carolina, South Carolina 7
It was moved and seconded to reconsider the second
section of the fourth article —
Which passed in the affirmative.
Yeas — Connecticut, Pennsylvania, Delaware, Mary-
land. Virginia, North Carolina - - 6
31.
242 JOURNAL OF THE [August 10
Nays — New Hampshire, Massachusetts, New Jersey,
South Carolina, Georgia - - - 5
And Monday next was assigned for the reconside-
ration.
Yeas — New Hampshire, Connecticut, New Jersey
Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, South Carolina - - - 9
Nays — Massachusetts, Georgia - - 2
It was moved by Mr. King, and seconded, to amend
the third section of the sixth 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 third section of the
sixth 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, Connecti-
cut, New Jersey, Delaware, Maryland, Virginia, North
Carolina, South Carolina, Georgia - 10
Divided — Pennsylvania - 'I
August 10.] FEDERAL CONVENTION. 243
On the question to agree to the third section of the
sixth article, as amended,
It passed in the affirmative.
On the question to agree to the fourth section of the
sixtii article, as reported,
It passed in the affirmative.
On the question to agree to the fifth section of the
sixlli article, as reported,
It passed in the affirmative.
it was moved and seconded to amend the last clause
in the sixth section of the sixth article, by adding the
following words :
" With the concurrence of two thirds" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Delaware, Maryland, Virginia, North
Carolina, South Carolina, Georgia - 10
Divided — Pennsylvania - ^ 1
On the question to agree to the sixth section of the
sixth 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 every one member present," in the latter clause of
the seventh section of the sixth article —
Which passed in the negative.
Yeas — Maryland, Virginia, South Carolina 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, North Ca-
rolina, 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 second clause of the seventh
244 JOURNAL OP THE [August II.
section of the sixth article ; and to add the following
words to the 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 seventh section of the sixth 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, Vir-
ginia, 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 1 1
o'clock, A. M.
SATURDAY, AUGUST 11, 1787.
it was moved and seconded to amend the first clause
of the seventh section of the sixth 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 part of the proceedings of the senate, when act-
" ing not 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, Connecti-
August 11.] FEDERAL CONVENTION. 245
cut, New Jersey, Pennsylvania, Delaware, Maryland,
North Carolina, South Carolina, Georgia - 10
It was moved and seconded to insert in the first
clause of the seventh section of the sixth 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 first clause of the
seventh section of the sixth 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
seventh section of the sixth article,
It passed unanimously in the affirmative.
It was moved and seconded to refer the second clause
of the seventh section of the sixth article to a commit-
tee—
Which passed in the negative.
Yeas — Massachusetts, New Jersey, Pennsylvania.
Virginia ----- 4
Nays — New Hampshire, Connecticut, Delaware,
Maryland, North Carolina, South Carolina, Georgia 7
246 JOURNAL OF THE [August ii.
On the question to agree to the seventh section of
the sixth article, as amended,
It passed in the affirmative.
It was moved and seconded to strike out of the eighth
section of the sixth 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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
North Carolina, South Carolina, Georgia - 10
Nay — Virginia . _ _ . l
It was moved and seconded to alter the eighth section
of the sixth article, to read as follows, namely,
" The legislature shall at their first assembling de-
" termine 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" —
Which passed in the negative.
It was moved and seconded to prefix the following
words to the eighth section of the sixth 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 eighth section of the
sixth article, as amended.
It passed in the affirmative.
It was moved and seconded to reconsider the fifth
section of the fourth article —
August 13.] FEDERAL CONVENTION. 247
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Virginia, North Caroli-
na, Georgia . - . - 8
Nays — New Jersey, Maryland - - 2
Divided — South Carolina - - 1
And Monday next was assigned for the reconsidera-
tion.
And then the house adjourned till Monday next, at
1 1 o'clock, A. M,
MONDAY, AUGUST 13, 1787.
It was moved and seconded to strike out the word
*' seven," and to insert the word " four," in the second
section of the fourth article.
It was moved and seconded to strike out the word
'' seven," and to insert the word '' nine," in the second
section of the fourth 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 second
section of the fourth article —
Which passed in the negative.
Yeas — Connecticut, Pennsylvania, Maryland. Vir-
ginia ----- 4
Nays — New Hampshire, Massachusetts, New Jersey,
Delaware, North Carolina, South Carolina, Georgia T
On the question to agree to the amendment of" nine,"
It passed in the negative.
Yeas — New Hampshire, South Carolina, Georgia 3
fm JOURNAL OF THE [August 13,
Nays — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, 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 Caro-
lina, Georgia - - - - 8
It was moved by Mr. G. Morris, and seconded, to add
the following clause to the second section of the fourth
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 Ma-
ryland, Virginia - - - - 5
Nays — New Hampshire, Massachusetts, Delaware,
North Carolina, South Carolina, Georgia - 6
It was moved and seconded to strike out the word
•' seven," and to insert the word " five," in the second
section of the fourth 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 second section of the
fourth article, as formerly amended,
It passed in the affirmative.
On the question shall the word '• nine" in the third
section of the fifth article stand part of the said section.
August 13.] FEDERAL CONVENTION. 249
It passed in the affirmative.
Veas — 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, South
Carolina, Georgia - - - . 5
Divided — New Hampshire . . 1
It was moved by Mr. Randolph, and seconded, to
amend the fifth section of the fourth article to read as
follows, namely,
" AH bills for raising money for the purposes of
" revenue, or for appropriating the same, shall originate
t' 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 first clause of this
amendment]
Which passed in the negative.
Yeas — New Hampshire, Massachusetts, Virginia,
North Carolina . - - . 4
Nays — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland, South Carolina, Georgia - 7
On the question to agree to the fifth section of the
fourth article, as reported.
It passed in the negative.
Yeas — New Hampshire, Massachusetts, North Caro-
lina - . - - . - 3
32
35a JOURNAL OF THE [August 14.
Nays — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland, Virginia, South Carolina, Georgia 8
The question was taken on the last clause of the fifth
section of the fourth 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 1 1
o'clock, A. M.
TUESDAY, AUGUST 14, 1787.
It was moved and seconded to postpone the conside-
ration of the ninth section of the sixth 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 ac-
" ceptance of such office shall vacate their seats re-
" spectively" —
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 ninth sec-
tion of the sixth article by adding the following clause
after the words '- be elected :"
August 14.] FEDERAL CONVENTION. 2Si
" 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 conside-
ration of the ninth section of the sixth article until the
powers to be vested in the senate are ascerteined —
Which passed unanimously in the affirmative.
It was moved and seconded to strike out the latter
clause of the tenth section of the sixth 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 — xMassachusetts, South Carolina - 2
It was moved and seconded to agree to the following
amendment to the tenth section of the sixth 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 Con-
" gress" —
Which passed in the negative.
Yeas — Connecticut, Virginia - - - 2
Nays — New Hampshire, Massachusetts, New Jer-
sey, Pennsylvania, Delaware, Maryland, North Caro-
lina, South Carolina, Georgia - - . 9
It was moved and seconded to agree to the follow-
ing amendment to the tenth section of the sixth arti-
cle :
" To be ascertained by law" —
Which passed in the affirmative.
252 JOURNAL OF THE [August 15.
On the question lo agree to the tenth section of the
sixth article as amended,
It passed in the affirmative.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
WEDNESDAY, AUGUST U, 1787.
On the question to agree to the 1 Hh section of the
sixth article as reported,
It passed in the affirmative.
It was moved and seconded to strike out the latter
part of the twelfth section of the sixth article —
Which passed in the affirmative.
It was moved and seconded to amend the twelfth
section of the sixth article, as follows :
" Each house shall possess the right of originating
" all bills, except bills for raising money for the pur-
" poses 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 amend-
^* ments as in other cases."
It was moved and seconded to postpone the conside-
ration of the last amendment —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Virginia^
North Carolina, South Carolina, Georgia - G
Nays — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland, ----- 5
It was moved by Mr. Madison, and seconded, to
agree to the following amendment of the thirteenth
section of the sixth article :
August 15.] FEDERAL CONVENTION. 25S
" 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 jud-
" ges 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 sign-
" ing it ; but if, upon such revision, it shall appear im-
" proper 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 ob-
"ject, or three fourths, v/here 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" —
Which passed in the negative.
Yeas — Delaware, Maryland, Virginia - - 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, North Carolina, South
Carolina, Georgia 8
It was moved and seconded to postpone the conside-
ration of the thirteenth section of the sixth article —
Which passed in the negative.
Yeas — Delaware, Maryland - - - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Virginia, North Caro-
lina, South Carolina, Georgia . - - 9
It was moved and seconded to strike out the words
S^ JOtJRNAL OF THE [August 1^
" two thirds," and to insert the words " three fourths,"
in the thirteenth section of the sixth article —
Which passed in the affirmative.
Yeas — Connecticut, Delaware, Marj^land, Virginia,
North Carolina, South Carolina - - - 6
Nays — New Hampshire, Massachusetts, New Jer-
sey, Georgia 4
Divided — Pennsylvania - - - - - l
It was moved and seconded to amend the first clause
of the thirteenth section of the sixth article, as follows :
"No bill or resolve of the senate and house of rep-
" resentatives 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- — Masachusetts, 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
thirteenth section of the sixth article, the following
clause :
" No money shall be drawn from the treasury of the
^* United States but in consequence of appropriations
"bylaw."
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, Connecti-
cut, New Jersey, North Carolina, South Carolina,
Georgia 7
It was moved and seconded to strike out the > word
August 16.] FEDERAL CONVENTION. 255
" seven " and to insert the words " ten (Sundays ex-
" cepted)" in the thirteenth section of the sixth arti-
cle—
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland, Virginia, North Carolina, South
Carolina, Georgia 9
Nays — New Hampshire, Massachusetts - 2
On the question to agree to the thirteenth section of
the sixth article, as amended,
It passed in the affirmative.
And then the house adjourned till to-morrow, at 1 1
o'clock, A. M.
THURSDAY, AUGUST 16, 1787.
It was moved and seconded to agree to the following,
as the fourteenth section of the sixth article :
" Every order, resolution, or vote, to which the con-
" currence of the senate and house of representatives
" may be necessary (except on a question of adjourn-
'' ment, and in the cases hereinafter mentioned) shall
"be presented to the President for his revision; aad
" before the same shall have force, shall be approved
" by him, or, being disapproved by him, shall be re-
" passed 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 first clause of the first section of
fh© seventh article :
-' Provided, That no tax, duty, or imposition shall be
i5G JOURNAL OF THE [August 1$.
'' laid by the legislature of the United States on arti-
^^ cles exported from any state."
It was moved and seconded to postpone the conside-
ration of the proviso —
Which passed in the aflfirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina, South Carolina, Georgia 10
Nay — Maryland - . _ i
It was moved and seconded to add the words "and
*' post roads," after the words " post offices," in the se-
venth clause of the first section of the seventh arti-
cle—
Which passed in the affirmative.
Yeas — Massachusetts, Delaware, Maryland, Virgi-
nia, 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 eighth clause of the first sec-
tion of the seventh article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 Ca-
rolina ----- 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, South Carolina, Geor-
gia - ... - - 7
August 17.] FEDERAL CONVENTION. 257
Separate questions being taken on the first, second,
third, fourth, fifth, sixth, seventh, and eighth clauses of
the first section of the seventh article as amended,
They passed in the aflSrmative.
And then the house adjourned till to-morrow, at 11
o'clock, A. M.
FRIDAY, AUGUST 17, 1787.
It was moved and seconded to insert the word *' joint"
before the word '' ballot," in the ninth clause of the
first section, seventh article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Pennsylva-
nia, Virginia, North Carolina, South Carolina, Geor-
gia - - - - -- 7
Nays — Connecticut, New Jersey, Maryland 3
It was moved and seconded to strike out the ninth
clause of the first section of the seventh article —
Which passed in the negative.
Yeas — Pennsylvania, Delaware, Maryland, South
Carolina - - - - 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, Virginia, North Carolina, Georgia - 6
It was moved and seconded to strike out the words
-'and punishment," in the eleventh [twelfth] clause
of the first section of the seventh article —
Which passed in the affirmative.
Yeas — Massachusetts, Pennsylvania, Delaware, Vir-
ginia, North Carolina, South Carolina, Georgia 7
Nays — New Hampshire, Connecticut, Maryland 3
It was moved and seconded to alter the first part of
3.S
25« JOURNAL OF THE [August 17.
the twelfth clause, first section, seventh article, to read
as follows :
" To punish piracies and felonies committed on the
''high seas" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Pennsylva-
nia, Delaware, Maryland, South Carolina, Georgia 7
Nays — Connecticut, Virginia, North Carolina 3
It was moved and seconded to insert the words " de-
" fine and" between the word " to" and the word " pu-
" nish," in the twelfth clause —
Which passed in the affirmative.
It was moved and seconded to amend the second
part of the twelfth 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 thirteenth clause of
the first section, seventh article, amended as follows :
" To subdue a rebellion in any state against the go-
" vernment thereof, on the application of its legisla-
" ture, 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 four-
teenth clause —
Which passed in the negative.
Aogust 18.] FEDERAL CONVENTION. 259
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 four-
teenth clause —
Which passed in the negative.
The question being again taken to strike out the
word " make," and to insert the word " declare," in the
fourteenth clause,
Jt passed in the affirmative.
Yeas — Connecticut, Pennsylvania, Delaware, Mary-
land, Virginia, North Carolina, South Carolina, Geor-
gia - - ... 8
Nay — New Hampshire - - 1
It was moved and seconded to add the words " and
** to make peace" to the fourteenth clause —
Which passed unanimously in the negative.
Separate questions having been taken on the ninth,
tenth, eleventh, twelfth, and fourteenth clauses of the
first section, seventh 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.
Th€ 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 com-
mittee to whom the proceedings of the convention
were referred —
880 JOURNAL OF THE [August 18.
Which passed in the affirmative.
The propositions are as follow :
To dispose of the unappropriated lands of the Unit-
ed States.
To institute temporary governments for new states
arising therein.
To regulate affairs with the Indians, as well within,
as without the limits of »he 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 j
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 publick good may require them, and the authority
of a single state may be incompetent.
To secure to literary authors their copy rights for a
limited time.
To establish a university.
To encourage, by proper premiums and provisions,
the advancement of useful knowledge and discove-
ries.
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 build-
ings.
To fix and permanently establish the seat of govern-
ment of the United States, in which they shall possess
the exclusive right; of soil and jurisdiction.
To establish seminaries for the promotion of litera-
ture and the arts and sciences.
To grant charters of incorporation.
To grant patents for useful inventions.
Augnst 18.] FEDERAL CONVENTION. 281
To secure to authors exclusive rights for a certain
time.
To establish publick institutions, rewards, and im-
munities, for the promotion of agriculture, commerce,
trades, and manufactures.
That funds which shall be appropriated for pay-
ment of publick 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 Slates from
establishing a perpetual revenue.
To secure the payment of the publick debt.
To secure all creditors, under the new constitution,
from a violation of the publick 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
honourable 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.
26« JOURNAL OF THE [August 18.
It was moved and seconded to agree to the following
resolution, namely,
''Resolved, That this convention will meet punctu-
" ally at 10 o'clock, every morning (Sundays except-
*^'ed) and sit till four 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, Connecti-
cut, 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 fourteenth clause, first section, se-
venth 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 fifteenth clause, first section,
seventh article —
Which passed in the affirmative.
It was moved and seconded to insert the following
as a sixteenth clause, in the first section of the seventh
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.
August 20.] FEDERAL CONVENTION. 3^
It was moved and seconded to insert the following as
a clause in the first section of the seventh
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 mo-
tions to a committee —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Pennsylva-
nia, Delaware, Virginia, North Carolina, South Ca-
rolina, Georgia 8
Nays — Connecticut, New Jersey - - 2
Divided — Maryland . . - , i
And they were referred to the committee of eleven.
And then the house adjourned till Monday next, at
10 o'clock, A. M.
MONDAY, AUGUST 20, 1787.
It was moved and seconded to refer the following
propositions to the committee of five-r-
Which passed in the affirmative.
Each house shall be the judge of its own privileges,
and sh?ll have authority to punish, by imprisonment,
every person violating the same ; or who, in the place
m JOURNAL OF THE [August 20.
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 or-
der.
Each branch of the legislature, as well as the su-
preme executive, shall have authority to require the
opinions of the supreme judicial court upon important
questions of law, and upon solemn occasions.
The privileges and benefit of the writ of habeas
corpus shall be enjoyed in this government in the most
expeditious and ample manner ; and shall not be sus-
pended by the legislature, except upon the most urgent
and pressing occasions, and for a limited time not ex-
ceeding months.
The liberty of the press shall be inviolably preserv-
ed.
No troops shall be kept up in time of peace, but by
consent of the legislature.
The military shall always be subordinate to the civil
power, and no grants of money shall be made by the
legislature for supporting military land forces for more
than one year at a time.
No soldier shall be quartered in any house, in time of
peace, without consent of the owner.
No person holding the office of President of the
United States ; a judge of their supreme court; secre-
tary 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
August 20.] FEDERAL CONVENTION. ^
office of trust or emolument under the United States,
or an individual state.
No religious test, or qualification, shall ever be an-
nexed to any oath of office under the authority of the
United States.
The United States shall be forever considered as
one body corporate and politick in law, and entitled to
all the rights, privileges, and immunities which to bo-
dies 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 extend-
ed to all controversies between the United States and
an individual state, or the United States and the citi-
zens of an individual state.
To assist the President in conducting the publick
affairs, there shall be a council of state composed of
the following officers :
1 . The chief justice of the supreme court, who shall,
ft'om 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 o[ the council, in the absence of
the President.
34
2S$ JOURNAL OF THE [August 20.
2» The secretary of domestick 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 manufac-
tures, the opening of roads and navigations, and the
facilitating communications through the United States ;
and he shall, from time to time, recommend such mea-
sures 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 plea-
sure. It shall be his duty to superintend all matters
relating to the publick finances, to prepare and report
plans of revenue, and for the regulation of expendi-
tures; 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 inleresis of the United States, in their connexions
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 depart-
ment, such as the raising and equipping of troops, the
care of military stores, publick fortifications, arsenals,
and the like ; also, in time of war, to prepare and re-
commend plans of offence and defence.
6. The secretary of the marine, who shall also be
appointed by the President during pleasure. It shall
August 20.] FEDERAL CONVENTION. 26>
be his duty to superintend every thing relating to the
marine department, the publick ships, dock-yards, na-
val stores and arsenals ; also, in time of war, to prepare
and recommend plans of offence and defence.
The President shall also appoint a secretary of state,
to hold his office during pleasure 5 who shall be secre-
tary of the council of state, and also publiek secreta-
ry to the President. It shall be his duty to prepare all
publick 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 exer-
cise 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 depart-
ment.
Each of the officers, above mentioned, shall be lia-
ble to impeachment, and removal from office, for neg-
lect of duty, malversation, or corruption.
That the committee be directed to report qualifica-
tions for the President of the United States ; and a
mode for trying the supreme judges in cases of im-
peachment.
It was moved and seconded to postpone the conside-
ration of the seventeenth clause, first section, seventh
article —
Which passed in the affirmative.
It was moved and seconded to insert the following
clause in the first section, seventh article :
" To make sumptuary laws" —
^m JOURNAL OF THE [August 20.
Which passed in the negative.
Yeas — Delaware, Maryland, Georgia - U
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 first section of the seventh article :
" To establish all offices'' —
Which passed in the negative.
Yeas — Massachusetts, Maryland - 2
Nays — New Hanipshire, Connecticut, New Jersey,
Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina, Georgia - . - 9
On the question to agree to the last clause of the
first section, seventh 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 second
section, seventh 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," second section, seventh article —
Which passed in the affirmative.
It was moved and seconded to refer the second sec
lion of the seventh article to a committee—
Which passed in the negative.^
Yeas — New Jersey, Pennsylvania, Maryland, Vir-
ginia, Georgia - - - - 5
Nays — New Hampshire, Massachusetts, Connecti-
cut, Delaware, South Carolina - - 5
Divided — North Carolina - - 1
August 20.] FEDERAL CONVENTION. £69
It was moved and seconded to postpone the consi-
deration of the second section, seventh article, in
order to take up the following :
" Whereas it is essential to the preservation of li-
" berty to define, precisely and exclusively, what shall
"constitute the crime of treason, it is therefore ordain-
" ed, declared, and established, that if a man do levy
" war against the United States, within their territo-
" ries, 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 proveably 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 — Nf-w 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," first line, second section,
seventh 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," se-
cond section, seventh article —
Which passed in the affirmative.
Yeas — New Hampshire. Massachusetts, Connecti-
2m JOURNAL OF THE [August 2^,
cut, Pennsylvania, Delaware, Maryland, South Caroli-
na, Georgia - , . - 8
Nays — New Jersey, Virginia, North Carolina 3
It was moved and seconded to strike the words
" some overt act" out of the first line, second section,
seventh article —
Which passed in the affirmative.
It was moved and seconded to insert the words " sole
"and exclusive" before the word ^' power," in the se-
cond clause, second section, seventh article —
Which passed in the negative.
Yeas — New^ Hampshire, Massachusetts, Pennsylva-
nia, Delaware, South Carolina, - - 5
Nays — Connecticut, New Jersey, Maryland, Virgi-
nia, North Carolina, Georgia - - 6
It was moved and seconded to reinstate the words
"against the United States," in the first line, second
section, seventh article —
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Maryland, Virgi-
nia, North Carolina, Georgia - - 6
Nays — New Hampshire, Massachusetts, Pennsylva-
nia, Delaware, South Carolina - - 5
It was moved and seconded to strike out the words
*• of the United States," in the third line, second sec-
tion, seventh article —
Which passed in the affirmative.
It was moved and seconded to amend the first clause
of the second section, seventh article, to read, " trea-
" son against the United States shall consist only irt
" levying war against them, or in adhering to their
" enemies" —
Which passed in the affirmative.
Augnst 20.] FEDERAL CONVENTION. 271
It was moved and seconded to add the words " giving
" them aid and comfort," after the word " enemies," in
the second section, seventh article —
Which passed in the affirmative.
Yeas — New Hampshire,' Massachusetts, New Jer-
sey, Pennsylvania, Maryland, Virginia, North Caroli-
na, 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,"
second section, seventh 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 second section of the
seventh article, as amended.
It, passed in the affirmative.
It was moved and seconded to strike the words
•' white and other" out of the third section, seventh
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 third
section of the seventh article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 third section of the seventh article :
272 JOURNAL OF THE [August 21.
" That from the first meeting of the legislature of
•' the United States, until a census shall be taken, all
" moneys for supplying the publick treasury, by direct
" taxation, shall be raised from the several states ac-
" cording to the number of their representation respec-
•' tively in the first branch."
Before a question was taken on the last motion.
The house adjourned.
TUESDAY, AUGUST 21, 1787.
The honourable 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 instant, and
a proposition respecting the militia, entered on the
journal of the 18th instant, 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 in 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 com-
•' mon defence and general welfare.
" To make laws for organizing, arming, and disci-
*• plining the militia, and for governing such part of
" them as may be employed in the service of the Unit-
" ed States, reserving to the states respectively, the
•' appointment of the officers, and the authority of train-
August 21.] FEDERAL CONVENTION. 273
" ing the militia according to the discipline prescribed
" by the United States."
It was moved and seconded to postpone the conside-
ration of the above report —
Which passed in the affirmative.
On the question to agree to the third section of the
seventh article, as amended.
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 third section of the seventh 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 third section of the seventh 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 consi-
deration of the last motion —
Which passed in the affirmative.
It was moved by Mr. Ellsworth, and seconded, to
add the following clause to the third section of the se-
venth article :
" That from the first meeting of the legislature of the
" United States, until a census shall be taken, all mo-
35
1274 JOURNAL GF THE [August 2U
" neys for supplying the publick treasury , by direct taxa-
" tion, 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 - Q
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 twelfth section of the sixth article, entered on the
journal of the 15th 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 Xollowing clause to the third section, seventh arti-
cle :
" And whenever the legislature of the United States
•'shall find it necessary that revenue should be raised
" by direct taxation, having apportioned the same ac-
'* cording to the above rule on the several states, re-
" quisitions shall be made of the respective states to
' pay into the continental treasury their respective quo-
AugHstai.j FEDERAL CONVENTION. 2To
" tas 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 col-
'• lection of the same" —
Which passed in the negative.
Yea — New Jersey . . - i
Nays — Connecticut, Pennsylvania, Delaware, Virgi
nia, Ng/ .h Carolina, South Carolina, Georgia 7
Di-'ij£D — Maryland . - - l
It was moved and seconded to insert the following
clause after the word " duty," in the first line, fourth
section, seventh article, " for the purpose of reve-
u nue"—
Which passed in the negative.
Yeas — New Jersey,'Pennsylvania, Delaware 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, Maryland, Virginia, North Carolina, South Caro-
lina, Georgia . . - . 8
It was moved and seconded to amend the first clause
of the fourth section, seventh 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 Jer-
sey, Pennsylvania, Delaware - - 5
Nays — Connecticut, Maryland, Virginia, North Ca-
rolina, South Carolina, Georgia - - 6
On the question to agree to the first clause of the
fourth section of the seventh article, as reported.
It passed in the affirmative.
Yeas — Massachusetts, Connecticut, Maryland, Vir-
ginia, North Carolina, South Carolina, Georgia T
i
276 JOURNAL OF THE [August 22.
Nays — New Hampshire, New Jersey, Pennsylva-
Dia, Delaware - - - - 4
It was moved and seconded to insert the word " free"
before the word " persons," in the fourth section of the
seventh 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 fourth section of
the seventh article, being withdrawn, it was moved
and seconded to commit the two remaining clauses of
the fourth section, and the fifth section of the seventh
article —
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Maryland, Virgi-
nia, North Carolina, South Carolina, Georgia 7
Nays — New Hampshire, Pennsylvania, Delaware 3
It was moved and seconded to commit the sixth sec-
tion of the seventh article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Pennsylva-
nia, 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 honourable Mr. Lang-
don, Mr. King, Mr. Johnston, Mr. Livingston, Mr.
Clymer, Mr. Dickinson, Mr. L. Martin, Mr. Madison,
Mr. Williamson, Mr. C. C. Pinckney, and Mr. Bald-
August 22.] FEDERAL CONVENTION. 277
win, to whom the clauses of the fourth, fifth, and sixth
sections were referred.
The honourable 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 fol-
lowing additions should be made to the report now be-
fore the convention, namely,
At the end of the first clause of the first section of
the seventh article add, " for payment of the debts and
" necessary expenses of the United States ; provided
'* that no law for raising any branch of revenue, ex-
" cept what may be specially appropriated for the pay-
" ment of interest on debts or loans, shall continue in
" force for more than years."
At the end of the second clause, second section, se-
venth article, add, " and with Indians, within the limits
" of any state, not subject to the laws thereof."
At the end of the sixteenth clause of the second sec-
tion, seventh article, add, '•- and to provide, as may be-
" come necessary, from time to time, for the well ma-
" naging and securing the common property and gene-
" ral interests and welfare of the United States in such
•' manner as shall not interfere with the governments of
" individual states, in matters which respect only their
'' internal police, or for which their individual authori-
" ties may be competent."
At the end of the first section, tenth article, add,
'*he shall be of the age of thirty five years, and a citi-
278 JOURNAL OF THE [August S2=
"zen of the United States, and shall have been an in-
" habitant thereof for twenty one years."
After the second section of the tenth article, insert
the following as a third section :
" The President of the United States shall have a
" privy council, which shall consist of the president of
" the senate, the speaker of the house of rcpresenta-
" lives, 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 lime be established, whose duty it shall be to ad-
^' vise him in matters respecting the execution of his
" office, which he shall think proper to lay before them :
" but their advice shall not conclude him, nor affect his
" responsibility for the measures which he shall adopt."
At the end of the second section of the eleventh
article, add, " the judges of the supreme court shall be
" triable by the senate, on impeachment by the house
"of representatives." '
Between the fourth and fifth lines of the third sec-
tion of the eleventh article, after the word " contro-
" versies," insert " between the United States and an
^* individual state, or the United States and an indivi-
■' vidual person."
It was moved and seconded to rescind the orders of
the house respecting the hours of meeting and adjourn-
ment—
Which passed in the negative.
Yeas — Massachusetts, Pennsylvania, Delaware, Ma-
ryland ----- 4
Nays — New Hampshire, Connecticut, New Jersey,
Virginia, North Carolina^ South Carolina, Georgia 7
lugast 22.3 FEDERAL CONVENTION. 279
It was moved and seconded to insert the following
clause after the second section of the seventh 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 consi-
deration 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, Vir-
ginia, North Carolina, Georgia - - 6
Nays — New Hampshire, Connecticut, Pennsylvania,
Delaware, South Carolina - - . 5
It was moved and seconded to take up the report af
the committee of eleven entered on the journal of the
21st instant —
Vv^hich passed in the affirmative.
It was moved by Mr. Morris, and seconded, to amend
the first clause of the report to read as follovrs :
" The legislature 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
insert the words ^' liquidate the claims" —
Which passed in the negative.
On the question to agree to the clause as amended,
namely,
280 JOURNAL OF the: [August 2S
" The legislature shall fulfil the engagements and
^' discharge the debts of the United States" —
It passed unanimously in the affirmative.
It was moved and seconded to strike the following
words out of the second 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 conside-
ration of the second clause of the report of the com-
mittee of eleven, in order to take up the following :
" To establish a uniform and general system of dis-
" cipline for the militia of these states, and to make
" laws for organizing, arming, disciplining, and govern-
" ing 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, Connecti-
cut, Pennsylvania, Delaware, Virginia, North Carolina.
South Carolina - - , - s
It was moved by Mr. Ellsworth, and seconded, to
postpone the consideration of the second clause of the
report of the committee of eleven, in order to take up
the following :
August 23.] FEDERAL CONVENTION. ^i
" 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 second
clause of the report of the committee of eleven —
Which passed in the negative.
On the question to agree to the first part of the se-
cond clause of the report, namely,
" To make laws for organizing, arming, and disci-
^^ plining the militia, and for governing such part of
" them as may be employed in the service of the Unit-
'•'ed States"—
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, New Jer-
sey, Pennsylvania, Delaware, Virginia, North Caro-
lina, South Carolina, Georgia - - 9
Nays — Connecticut, Maryland - - 2
It was moved and seconded to amend the next part
of the second 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
36
28^ JrdtJRl^AL OF TH£ [August 28:
On the question to agree to the following part of the
second clause of the report, namely,
" Reserving to the states respectively the appoint-
" ment of the officers" —
It passed in the affirmative.
On the question to agree to the following part of the
second 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 Caro-
lina ..... 7
Nays — Delaware,Virginia, South Carolina,Georgia 4
It was moved and seconded to agree to the seventh
section of the seventh article, as reported —
Which passed unanimously in the affirmative.
It was moved and seconded to insert the following
clause after the seventh section of the seventh 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" —
Which passed in the affirmative.
It was moved and seconded to amend the eighth ar-
ticle 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 citi-
" zens and inhabitants ; and the judges in the several
•* stales shall be bound thereby in their decisions ; any
Axigust 23.] FEDERAL CONVENTION. 283
" 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 eighth article as
amended,
It passed in the affirmative.
It was moved and seconded to strike the following
words out of the eighteenth clause of the first section,
seventh article : " enforce treaties" —
Which passed in the affirmative.
It was moved and seconded to alter the first part of
the eighteenth clause of the first section, seventh arti-
cle, 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 eighteenth clause of
the first section, seventh 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 ; provid-
" ed that two thirds of the members of each house as-
" sent to the same."
It was moved and seconded to commit the proposi-
tion—
Which passed in the negative.
284 JOURNAL OF THE [August 23,
: Yeas — N*ew 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 first section
of the seventh 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, im-
" posts and excises" —
Which passed in the affirmative.
It was moved by Mr. Morris, and seconded, to amend
the first clause of the first section, ninth 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 consider
ration of the amendment —
Which passed in the negative.
Yeas — New Jersey, Pennsylvania, Delaware. Mary-
land, 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, Geor-
gia - - - - - 8
Divided — North Carolina - . 1
It was moved and seconded to postpone the conside-
August 24.] FEDERAL CONVENTION. 285
ration of the first clause of the first section, ninth arti^
cle —
Which passed in^he affirmative.
It was moved and seconded to insert the words " and
" other publick ministers" after the word " ambassa-
" dors," in the first section, ninth article —
Which passed in the afiirmative.
Separate questions being taken on postponing the
several clauses of the first section, ninth article,
They passed in the affirmative.
It was moved and seconded to take up the first sec-
tion of the ninth article, in order to its being commit-
ted —
Which passed in the affirmative.
And it was referred to the committee of five.
And then the house adjourned.
FRIDAY, AUGUST 24, 1787.
The honourable Mr. Livingston, from the committee
of eleven, to whom were referred the two remaining
clauses of the fourth section, and the fifth and sixth
sections of the seventh 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 fourth section of the se-
venth article, as was referred to the committee, and in-
sert " 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 pri-
" or to the year 1 800 ; but a tax or duty may be im-
2iife >:0 JOURNAL OF THE [August 24.
" posed on such migration or importation at a rate not
" exceeding the average of the duties laid on imposts."
The fifth section to remain as in the report.
The sixth section to be stricken out.
It was moved and seconded to reconsider the first
clause, first section, seventh 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 consi-
deration of the second and third sections, ninth arti-
cle—
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 second
and third sections of the ninth article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Delaware, Maryland, Virginia, South
Carolina ----- 8
Nays — North Carolina, Georgia - 2
Separate questions being taken on the first, second,
and third clauses of the first section, tenth article, as
reported,
They passed in the affirmative.
]t was moved and seconded to strike out the word
" legislature," and to insert the w;prd " people," in the
first section, tenth article —
August 24.] FEDERAL CONVENTION. 587
Which passed in the negative.
Yeas — Pennsylvania, Delaware - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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 first section of the
tenth article —
Which passed in the affirmative.
Yeas— New Hampshire,' Massachusetts, Pennsylva-
nia, Delaware, Virginia, North Carolina, South Caro-
lina - - - - - 7
Nays — Connecticut, New Jersey, Maryland, Geor-
gia ..... 4
It was moved and seconded to add, after the word
'* legislature," in the first section, tenth article, the
words "each state having one vote" —
Which passed in the negative.
Yeas — Connecticut, New Jersey, Delaware, Mary-
land, Georgia - . -, . 5
Nays — New Hampshire, Massachusetts, Pennsylva-
nia, Virginia, North Carolina, South Carolina G
It was moved and seconded to insert after the word
" legislature," in the first section of the tenth article,
the words " to which election a majority of the votes oi
*^ the members present shall be required"- —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina, Georgia - 10
Nay — New Jersey . . , i
On the question to agree to the following clause :
'* And in case the number.^ for the two highest i«
288 JOURNAL OF THE [August 24.
" votes should be equal, then the president of the se-
" nate shall have an additional casting voice" —
It passed in the negative.
It was moved and seconded to agree to the follovvirtg
amendment to the first section of the tenth 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 - - - 3
Nays — New Hampshire, Massachusetts, Maryland,
North Carolina, South Carolina, Georgia - 6
It was moved and seconded to postpone the conside-
ration of the two last clauses of the first section, tenth
article —
Which passed in the negative.
It was moved and seconded to refer the two last
clauses of the first section, tenth article, to a committee
of a member from each state —
Which passed in the negative.
Yeas — New Jersey, Pennsylvania, Delaware, Mary-
land, Virginia . . - - 5
Nays — New Hampshire, Massachusetts, North Caro-
lina, 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, Vir-
ginia - - - - . 4
Nays — New Hampshire, North Carolina. South Ca-
rolina, Georgia - - - - 4
Divided — Connecticut, Maryland - 2
August 24.] FEDERAL CONVENTION. 28S
The consideration of the remaining clauses of the
first section, tenth 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
first clause of the second section, tenth 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 second clause of the second
section, tenth article —
Which passed in the affirmative.
It was moved and seconded to insert the word
'^ and" after the word "occasions," in the second sec-
tion, tenth article —
Which passed in the affirmative.
It was moved and seconded to insert the word
" shall" before the words " think proper," second
section, tenth 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 second section of the
tenth article —
Which passed in the affirmative.
It was moved and seconded to insert the words
" or by law," after the word " constitution," in the
second section of the tenth article —
Which passed in the negative.
Yea — Connecticut - - - i
Nays — New Hampshire, Massachusetts, New Jersey,
37
290 JOURNAL OF THE i^ August 25.
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 by this consti-
^* tution," and to insert the following :
" And shall appoint to all offices established by this
'' constitution, except in cases herein otherwise provid-
" ed for, and to all offices which may hereafter be ere-
" ated by law" —
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Pennsylvania, Ma-
ryland, 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 sevecal states" —
Which passed in the negative.
It was moved and seconded to agree to the following
order :
" That the order respecting the adjournment at four
" be repealed, and that in future the house assemble at
" ten, and adjourn at three" —
Which passed unanimously in the affirmative.
The house adjourned.
SATURDAY, AUGUST 25, 1787.
It was moved by Mr. Randolph, and seconded, to
postpone the first clause of the first section, seventh ar-
ticle, in order to take up the following amendment :
August 25.] FEDERAL CONVENTION. 29i
" All debts contracted and engagements entered
" into, by or under the authority of Congress, shall be
" as valid against the United States under this consti-
*' tution 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, Connecti-
cut, New Jersey, Delaware, Maryland, V^irginia, North
Carolina, South Carolina, Georgia - - 10
Nay — Pennsylvania - - - 1
It was moved and seconded to add the following
clause to the first clause of the first section, seventh
article :
" For the payment of said debts, and for the defray-
" ing the expenses that shall be incurred for the com-
" mon 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 hun-
'' dred," and to insert the words " the year eighteen
" hundred and eight" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Maryland, North Carolina, South Carolina, Geor-
gia - - . . - 7
Nays — New Jersey, Pennsylvania, Delaware, Vir-
ginia - , - . . 4
292 JOtJRNAL OF THE [August 25.
It was moved and seconded to amend the first 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, Pennsylva-
nia, Delaware, North Carolina, South Carolina 6
Divided — Maryland - - - 1
On the question to agree to the first part of the re-
port 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, Connecti-
cut, Maryland, North Carolina, South Carolina, Geor-
gia . - ... 7
Nays — New Jersey, Pennsylvania, Delaware, Vir-
ginia ----- 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 enumerat-
^' ed"—
Which passed in the affirmative.
It was moved and seconded to amend the second
clause of the report, to read,
" But a tax or duty may be imposed on such impor-
" tation, not exceeding ten dollars for each person" —
Which passed in the affirmative.
August 25.] FEDERAL CONVENTION. 298
On the question to agree to the second 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 eighth
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 au-
" thority of the United States, shall be the supreme
" law of the several states, and of their citizens and in-
" habitants; 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 con-
" trary, 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 collect-
-' ing duties or imposts, other than those ports of
•• entrance and clearance already established by the
?94 JOURNAL OF THE [August 25.
" respective states, should be established, the legisla-
" ture 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 du-
" ties 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 notifi-
" cation by the legislature of the United States to the
•' executive of such stale.
" 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 pro-
positions to a committee of a member from each slate —
Which passed in the affirmative.
And a committee was appointed, by ballot, of the
honourable 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 publick ministers" after the word " am-
" bassadors," second section, tenth 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 second section, tenth
article —
Which passed in the affirmative.
August 27.] FEDERAL CONVENTION. 2»5
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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," second section, tenth 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," second section, tenth article. (Motion
withdrawn.)
It was moved and seconded to amend the clause giv-
ing 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 conside-
ration of the following clause, second section, tenth
article :
296 JOURNAL OF THE [August 27.
" He shall be removed from his office, on impeach-
'* ment by the house of representatives, and conviction
" in the supreme court, of treason, bribery, or cor-
-' ruption" —
Which passed in the affirmative.
It was moved and seconded to postpone the last
clause of the second section, tenth 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 - - - - i
It was moved and seconded to insert the words,
" both in law and equity" after the words " United
" States," first line, first section, eleventh article —
Which passed in the affirmative.
On the question to agree to the first section, eleventh
article, as amended.
It passed in the affirmative.
It was moved and seconded to add the following
clause after the word " behaviour," second section,
eleventh article :
" Provided that they may be removed by the execu-
•' tive, on the application by the senate and house of
" representatives" —
Which passed in the negative.
Yea — Connecticut . . - i
August 27.] FEDERAL CONVENTION. 297
Nays — New Hampshire, Pennsylvania, Delaware,
Maryland, Virginia, South Carolina, Georgia 7
On the question to agree to the second section of
the eleventh 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 second section, eleventh article —
Which passed in the negative.
Yea — Virginia . - - - i
Nays — New Hampshire, Connecticut, Pennsylvania,
Delaware, South Carolina - - 5
Divided — Maryland - - - 1
It was moved and seconded to add the following
words to the second section, eleventh 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 follow-
ing clause, third section, eleventh article :
^' To the trial of impeachments of officers of the
'« United States"—
Which was passed in the affirmative.
It was moved and seconded to add the following
words after the word " controversies," third section,
eleventh article :
38
298 JOURNAL OF THE [August 27.
" 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,'*
second line, third section, eleventh 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" —
Which passed in the affirmative.
It was moved and seconded to postpone the following
clause: " incases 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 ambassa-
'* dors, other publick ministers and consuls, and those
August 27.3 FEDERAL CONVENTION. 299
" in which a state shall be party, this jurisdiction shall
" be original. In all the other cases before mention-
•' ed, 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 v/hich 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 amend-
ment, 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 Ca-
rolina, Georgia - - - - 5
On the question to reconsider the third section,
eleventh article,
It passed in the affirmative.
It was moved and seconded to strike out the words
" the jurisdiction of the supreme court," and to insert
the words " the judicial power" —
Which passed in the affirmative.
It was moved and seconded to strike out the words
•' this jurisdiction shall be original," and to insert the
words " the supreme court shall have original juris-
' diction"—
300 JOURNAL OF THE [August 2ii
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 legis-
'' lature 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 third section, eleventh 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 first line, third section, eleventh 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 un-
" der grants of different states" —
Which passed in the affirmative.
The house adjourned.
TUESDAY, AUGUST 28, 1787.
The honourable Mr. Sherman, from the committee
to whom were referred several propositions entered on
the journal of the 25th instant, 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 :
August 28.] FEDERAL CONVENTION. 301
The committee report that the following be inserted
after the fourth clause of the seventh section :
" Nor shall any regulation of commerce or revenue
" give preference to the ports of one state over those of
" another, or oblige vessels bound to or from any
" state, to enter, clear, or pay duties in another.
" And all tonnage, duties, imposts 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,"
third section, eleventh article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina, Georgia - - - 9
Nay — Maryland - - . - i
It was moved and seconded to amend the fourth sec-
tion of the eleventh article, to read as follows :
" The trial of all crimes (except in cases of impeach-
" ment) shall be by jury ; and such trial shall be held
*' in the state where the said crimes shall have been
" committed ; but when not committed within any state,
''• then the trial shall be at such place or places as the
•' legislature may direct" —
Which passed in the aflSrmative.
It was moved and seconded to add the following
amendment to the fourth section, eleventh article :
" The privilege of the writ of habeas corpus shall
" not be suspended; unless where, in cases of rebellion
" or invasion, the publick safety may require it" —
Which passed in the affirmative.
302 JOURNAL OF THE [August 28,
On the question to agree to the fifth section, eleventh
article, as reported,
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 twelfth article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, North Carolina, South
Carolina, Georgia - . . - 8
Nay — Virginia . . _ i
Divided — Maryland _ . . j
It was moved and seconded to insert the following
clause after the last amendment :
" Nor make any thing but gold and silver coin a ten-
'•' der in payment of debts" —
Which passed unanimously in the affirmative, ele-
ven states being present.*
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
* New Hampshire, Massachusetts, Connecticut, New Jersey, Penn-
jjylvania, Delaware, Maryland, Virginia, North Carolina, South Caro-
fma, and Georgia.
August 28.] FEDERAL CONVENTION. 303
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 thirteenth to the twelfth 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 twelfth article, as amended,
They passed in the affirmative.
It was moved and seconded to insert after the word
•' imports," in the thirteenth 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 Ca-
rolina, Georgia - - - - 5
It was moved and seconded to add, after the word
• exports," in the thirteenth 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,
^ JOURNAL OF THE lAugusi 28,
Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina, Georgia - - - 9
Nays — Massachusetts, Maryland - 2
The question being taken on the first clause of the
thirteenth 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 thirteenth article, as amended,
They passed in the affirmative.
On the question to agree to the fourteenth article, as
reported,
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina . - - 9
Nay — South Carolina - - - 1
Divided — Georgia - . . l
It was moved and seconded to strike out the words
'' high misdemeanour," and insert the words " other
" crime" —
Which passed in the affirmative.
On the question to agree to the fifteenth article, a«
amended.
It passed in the affirmative.
The house adjourned.
Au^st29.] FEDERAL CONVENTION. 30&
WEDNESDAY, AUGUST 29, 1787.
It was moved and seconded to commit the sixteenth
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, De-
laware, Maryland, Virginia, North Carolina, South Ca-
rolina, Georgia . - - - 9
Nays — New Hampshire, Massachusetts 2
It was moved and seconded to commit the following
proposition :
" Whensoever the act of any state, whether legisla-
" tive, 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
" publick acts, records, and judicial proceedings of eve-
" ry other state ; and the legislature shall, by general
" laws, determine the proof and efiect of such acts^ re=
*' cords, and proceedings"—
Which passed in the affirmative.
39
ms JOURNAL OF THE [August 29-
And the foregoing propositions, together with the
sixteenth article, were referred to the honourable 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 in-
stant, 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 mem-
" bers of each house" —
Which passed in the negative.
Yeas — Maryland, Virginia, North Carolina, Geor-
gia , - ... 4
Nays-^ New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, South Ca-
rolina - - - . - 7
On the question to agree to the report of the com-
mittee of eleven, entered on the journal of the 24th
instant.
It passed in the affirmative.
It was moved and seconded to agree to the fol-
lowing proposition to be inserted after the fifteenth
article :
" If any person bound to service or labour, in any
" of the United States, shall escape into another state,
*' he or she shall not be discharged from such service
'• or labour, in consequence of any regulations subsist-
•' ing in the state to which they escape; but shall be
-' delivered up to the person justly claiming their ser-
' vice or labour" —
Which passed unanimously in the affirmative^
.August Se.] FEDERAL CONVENTION. 307
It was moved and seconded to strike out the two last
clauses in the seventeenth article —
Which passed in the affirmative.
It was moved and seconded to strike the following
words out of the seventeenth article :
" But to such admission the consent of two thirds of
*' the members present in each house shall be neces-
*' sary."
And on the question being taken,
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, North Ca-
rolina, South CaroUna, Georgia - - 9
Nays — Maryland, Virginia - - 2
It was moved and seconded to agree to the following
proposition as a substitute for the seventeenth 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, Mar)/ land - - - 5
The house adjourned.
THURSDAY, AUGUST 30, 1787.
It was moved and seconded to postpone the subsii-
508" JOURNAL OF THE [August 30.
tute for the seventeenth article, agreed to yesterday, in
order to take up the following amendment :
" The legislature shall have power to admit other
" states into the union, and new states to be formed
'^ by the division or junction of states now in the
" union, with the consent of the legislature of such
" states" —
Which passed in the negative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, South Carolina - 6
Nays — New Jersey, Delaware, Maryland, Vir-
ginia, North Carolina, Georgia - - 6
It was moved and seconded to commit the substi*
tute for the seventeenth article agreed to yesterday.
And on the question being taken,
It passed in the negative.
Yeas — New Jersey, Delaware, Maryland o
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Virginia, North Carolina, South Ca-
rolina, 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 seventeenth article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 seventeenth article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
August 30.] FEDERAL CONVENTION. 309
cut, New Jersey, Pennsylvania, Virginia, North Caroli-
na, South Carolina, Georgia - - 9
Nays — Delaware, Maryland - - 2
It was moved and seconded to postpone the conside-
ration of the substitute to the seventeenth article, as
amended, in order to take up the following proposi-
tion from Maryland :
** The legislature of the United States shall hare
" 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 : pro-
" vided, that nothing in this constitution shall be con-
" strued to affect the claim of the United States to va-
"■ cant 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, Connecti-
cut, Pennsylvania, Virginia, North Carolina, South Ca-
rolina, Georgia . . - . s
On the question to agree to the substitute offered to
the seventeenth article, amended, as follows :
" New states may be admitted by the legislature into
" the union ; but no new state shall be hereafter form-
" ed 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, Connecti-
cut, Pennsylvania, Virginia, North Carolina, South Ca-
rolina, Georgia - - - . 8
Nays — New Jersey, Delaware. Maryland 3
m JOURNAL OF THE [Aiigurt $0.
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 slates or parts thereof, without the con-
" sent of the legislatures 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 consti-
" tution 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 the constitution shall be construed to
'' alter the claims of the United States, or of the indi-
" vidual 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 pro*
position, 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
August 30.] FEDERAL CONVENTION. 311
" decided upon by the supreme court of the United
" States"—
Which passed in the negative.
Yeas — New Jersey, Maryland - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Virginia, South Carolina,
Georgia ... - - 8
On the question to agree to the following propo-
sition :
** The legislature shall have power to dispose of
'' and make all needful rules and regulations respect-
" ing the territory or other property belonging to the
" United States ; and nothing in this constitution con-
" tained shall be so construed as to prejudice any
*' claims either of the United States, or of any particu-
'* lar state"—
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina, South Carolina, Georgia 10
Nay — Maryland - - - |
On the motion to agree to the first clause of the
eighteenth article,
It passed in the affirmative.
It AVas moved and seconded to strike out the word
•' foreign," in the eighteenth 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 S
Nays— New Hampshire, Massachusetts, Connect!-
312 JOURNAL OF THE [August 30.
cut, Maryland, Virginia, North Carolina, South Caro-
lina, Georgia . . . - 8
It was moved and seconded to strike out the
words '' domestick violence," and insert the word
" insurrections," in the eighteenth article —
Which passed in the negative.
Yeas — New Jersey, Virginia, North Carolina, South
Carolina, Georgia - - - - 5
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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 Caro-
lina, 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 - - - I
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina, South Carolina, Georgia - 10
Separate questions being taken on the several clauses
of the eighteenth article, as amended,
They passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Virginia, North Caro-
lina, South Carolina, Georgia - - 9
Nays — Delaware, Maryland - - 3
August 31.3 FEDERAL CONVENTION. 313
On the question to agree to the nineteenth article.
as reported,
It passed in the aflSrmative.
It was moved and seconded to add the words " or
" affirmation," after the word " oath," twentieth ar^-
cle —
Which passed in the affirmative.
On the question to agree to the twentieth article, as
amended,
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, New Jer-
sey, 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 twentieth article :
" But no religious test shall ever be required as a
-' qualification to any office or publick 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, Connecti-
cut, Pennsylvania, Virginia, North Carolina, South Ca-
rolina, Georgia - - - - g
The house adjourned.
FRIDAY, AUGUST 31, 1787,
It was moved and seconded to insert the words
40
^^14 JOURNAL OF THE [August 32
•' between the said states," after the word " constitu-
'' tion," in the twenty-first article —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Virginia, North Caro-
lina, South Carolina, Georgia - - &
Nay — Maryland . . . i
It was moved and seconded to postpone the consi-
deration of the twenty-first article, to take up there-
ports of the committees which have not been acted
an —
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 twenty
first, in order to take up the twenty-second article.
And on the question being taken,
It passed in the negative.
Yeas — Connecticut, Pennsylvania, Delaware, Mary-
land, Virginia - - - - 5
Nays — New Hampshire, Massachusetts, New Jer-
sey, North Carolina, South Carolina, Georgia 6
It was moved and seconded to strike the words
■' conventions of" out of the twenty-first article —
Which passed in the negative.
Yeas — Connecticut, Pennsylvania, Maryland, Geor-
gia . - ... 4
Nays — New Hampshire, Massachusetts, New Jer-
sey, Delaware, Virginia, South Carolina - 6
August 31.] FEDERAL CONVENTION. 315
It was moved and seconded to fill up the blank in
the twenty-first article with the word " thirteen" —
Which passed in the negative.
Yj5a — Maryland - - - - 1
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
South Carolina, Georgia - - - 9
It was moved and seconded to fill up the blank in the
!wenty-first article with the word " ten" —
Which passed in the negative.
Yeas — Connecticut, New Jersey, Maryland, Geor-
gia ..... 4
Nays — New Hampshire, Massachusetts, Pennsylva-
nia, Delaware, Virginia, North Carolina, South Caro-
lina - - « - - 7
It was moved and seconded to fill up the blank in
the twenty-first 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 third sec-
" tion, fourth article."
It was moved and seconded to fill up the blank in
the twenty-first article with the word *' nine" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Georgia . - . - 8
On the question to agree to th^ twenty-first article,
as amended.
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina, South Carolina, Georgia 10
$16 JOURNAL OF THE [August 31
Nay — Maryland - - . i
It was moved and seconded to strike the words " for
•' their approbation" out of the twenty second article —
Which passed in the affirmative.
Yeas — New Hampshire, Connecticut, Pennsylvania,
Delaware, Virginia, North Carolina, South Carolina 7
Nays — Massachusetts, New Jersey, Maryland, Geor-
gia 4
It was moved and seconded to agree to the following
amendment to the twenty-second 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 sub-
*' mitted 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, Pennsyl-
vania, Delaware - ' - - - 4
Nays — Connecticut, New Jersey, Maryland, Vir-
ginia, North Carolina, South Carolina, Georgia 7
It was moved and seconded to postpone the conside-
ration of the twenty-second article —
Which passed in the negative.
Yeas — New Jersey, Maryland, North Carolina 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Virginia, South Carolina,
Georgia ----- 8
On the question to agree to the twenty-second arti-
cle, as amended,
Tt passed in the affirmative.
August 31.] FEDERAL CONVENTION. 315
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 twenty-third article with the word " nine" —
Which passed in the affirmative.
It was moved and seconded to agree to the twenty-
third article as far as the words " assigned by Con-
'' gress," inclusive —
Which passed in the affirmative.
It was moved and seconded to postpone the remain-
der of the twenty-third 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 twenty-third article —
Which passed in the affirmative.
Yeas — Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Virginia, North Carolina,
Georgia - - - - . g
Nays — New Hampshire, South Carolina - 2
Divided — Maryland - - . |
On the question to agree to the twenty-third article,
as amended,
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.
318 JOURNAL OF THE [August 31.
On the question to agree to the following clause of
the report, to be inserted after the fourth section of
the seventh 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, Geor-
gia - - - - 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
honourable Mr. Oilman, Mr. King, Mr. Sherman, Mr.
Brearly, Mr. G, Morris, Mr. Dickinson, Mr. Carroll.
Sept. 1.3 FEDERAL CONVENTION. 319
Mr. Madison, Mr. Williamson, Mr. Butler and Mr.
Baldwin.
It was moved and seconded to adjourn.
Passed in the affirmative.
Yeas — Massachusetts, Delaware, Maryland, Vir-
ginia, North Carolina, South Carolina, Georgia 7
Nay — Connecticut - - - 1
Divided — New Hampshire - - 1
The house adjourned.
SATURDAY, SEPTEMBER 1, 1787.
The honourable 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 that
the committee were prepared to report partially.
The following report was then read :
That in lieu of the ninth section of the sixth
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 respec-
•* tively 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 honourable 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 re^d -.
SM JOURNAL OF THE [Sept. Q.
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, ?^fi«'f4ii
" To establish uniform laws on the subject of bank-
'*' ruptcies ;"
And insert the following as the sixteenth article,
namely,
" Full faith and credit ought to be given in each
" state to the publick acts, records, and judicial pro-
" ceedings 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 com-
mittee of five, entered on the journal of the 1st inst. —
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 inst.—
Sept. 3.] FEDERAL CONVENTION. »l
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 publick acts^ records, and judicial proceed-
•' ings of every other state ; and the legislature may,
" ^y 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 bank-
•' ruptcies" —
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, New Jer-
sey, Pennsylvania, Maryland, Virginia, North Caroli-
na, 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, Connecti-
cut, New Jersey, Pennsylvania, North Carolina, South
Carolina, Georgia - . . g
It was moved and seconded to postpone the consi»
deration 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 ac-
11
322 JOURNAL OF THE [Sept. 3,
'' ceptance of such office shall vacate their seats re
'' spectively."
On the question to postpone,
It passed in the negative.
Yeas — Pennsylvania, North Carolina, - ^
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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, Connecti-
cut, 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. — Ne w Hampshire, Massachusetts, Pennsylva-
nia, 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 re-
port of the committee.
On the question being taken, the votes were.
Yeas — New Hampshire, Massachusetts, Pennsylva-
nia, Virginia, North Carolina - - 5
Nays — Connecticut, New Jersey, Maryland, South
Carolina - - - - 4
Divided — Georgia - - - 1
The same question was taken again—
Sept. 4.] FEDERAL CONVENTION. 323
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Pennsylva-
Bia, Virginia, North Carolina - - 5
Navs — 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 honourable Mr, Brearly, from the committee of
eleven, informed the house, that the committee were
prepared to report partially. He then read the re-
port in his place. 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 resolu-
tions, &;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 first clause of the first section of the seventh
article to read as follows : " the legislature shall have
^ JOUftNAL OP" THM, [Sept. 4.
" power to lay and collect taxes, duties, imposts and
" excises, to pay the debts, and provide for the com-
'^ mon defence and general welfare of the United
'' States."
2. At the end of the second clause of the first sec-
tion, seventh article, add, " and with the Indian tribes."
3. In the place of the ninth article, first 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 first section,
tenth 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 mem-
*' bers 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 govern-
'* ment, 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 num-
3cpt. 4.] FEDERAL CONVENTION. 325
" ber.be a majority of the whole number of the elec-
••' tors 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 majo-
" rity, 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 raan-
" ner 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 within 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
326 JOURNAL OF THE [Sept. 4,
" 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 publick ministers, judges of
" the supreme court, and all other officers of the Unit-
*^ ed States, whose appointments are not otherwise
" herein 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 second section, tenth article, add.
" and may require the opinion in writing of the prin-
" cipal officer in each of the executive departments,
" upon any subject relating to the duties of their
" respective offices."
The latter part of the second section, tenth article,
to read as follows :
'* He shall be removed from his office on impeach-
" ment by the house of representatives, and conviction
^' by the senate, for treason, or bribery ; and in case
" of his removal as aforesaid, death, absence, resig-
" nation, 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 first clause of the
report,
It passed in the affirmative.
On the question to agree to the second clause of the
report,
It passed in the affirmative.
It was moved and seconded to postpone the considf-
ration of the third clause of the report —
Which passed in the affirmative.
Sept. 5.] FEDERAL CONVENTION. 32f
It was moved and seconded to postpone the conside-
ration of the remainder of the report —
Which passed in the negative.
Yea — North Carolina - - 1
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, South Carolina, Georgia - 10
After some time passed in debate,
It was moved and seconded to postpone the con-
sideration 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 honourable Mr. Brearly, from the committee
of eleven, informed the house that the committee were
prepared to report farther. 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.**
32« JOURNAL OF THE [Sept. 6.
To add to the clause " to raise and support ar-
*^ mies," the words, " but no appropriation of money
" to that use shall be for a longer term than two years."
Instead of the twelfth section of the sixth article,
say —
" All bills for raising revenue shall originate in the
" house of representatives, and shall be subject to al-
" terations 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 first sec-
tion of the seventh article —
" To exercise exclusive legislation in all cases what-
" soever 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, dock
'^ yards, and other needful buildings.
" To promote the progress of science and useful
•• arts, by securing, for limited times, to authors and
'i inventors, the exclusive right to their respective
'* writings and discoveries."
On the question to agree to the first clause of the
report,
It passed in the affirmative.
On the question to agree to the second clause of the
report.
It passed in the affirmative.
It was moved and seconded to postpone the con-
sideration of the third clause of the report—
Sept. 5.] FEDERAL CONVENTION. 329
Which passed in the affirmative.
It was moved and seconded to insert the following
words after the word " purchased," in the fourth
clause of the report : " by the consent of the legisla-
" ture of the state" —
Which passed in the affirmative.
On the question to agree to the fourth clause of the
report, as amended,
It passed in the affirmative.
On the question to agree to the fifth 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 sec-
" retary and other officers of this convention, such
•' sums, in proportion to their respective times of ser-
" vice, as are allowed to the secretary and similar
" officers of Congress.
" Ordered, That the secretary make out, and trans-
" mit to the treasury office of the United States, an
^' account fpr the said services, and for the incidental
" expenses of this convention."
Separate questions being taken on the foregoing re-
solve 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 con-
sideration of the report, in order to take up the fol-
lowing :
42
330 JOURNAL OF THE [Sept. 5»
" He shall be elected by joint ballot by the legisla.
" ture, 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, Geor-
gia - - - - 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 - - - i
Nays — New Hampshire, Massachusetts, Connecticut,
New Jersey, Pennsylvania, Delaware, Maryland, Vir-
ginia, 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 - - i
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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
South Carolina, Georgia - - 9
S^t. 5.] FEDERAL CONVENTION. 331
It was moved and seconded to strike out the word
"five," and insert three" —
Which passed in the negative.
Yeas — Virginia, North Carolina - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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, Connecti-
cut, 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, Connecti-
cut, 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, Connecti-
cut, 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.
388 JOURNAL OF THE [Sept. 6.
THURSDAY, SEPTEMBER 6, 1787.
It was moved and seconded to insert the following
words after the words " may be entitled in the legis-
" lature," in the fifth clause of the report, entered on
the journal of the 4lh 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 fourth 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 - . . . . g
It was moved and seconded to insert the word " six."
instead of four" —
Which passed in the negative.
Yeas — North Carolina, South Carolina - l'
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, South Carolina, Georgia • 10
Sept. 6.} • FEDERAL CONVENTION. 333
Nay-— North Carolina - - 1
On the question to agree to the fourth 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 man-
" ner"—
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, South Carolina, Georgia - 10
Nay — North Carolina - - - i
On the question upon the fifth clause of the report,
prescribing the appointment of electors,
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, Georgia - - - 9
Nays — North Carolina, South Carolina 2
It was moved and seconded to agree to the follow-
ing 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, Connecti-
cut, 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 " trans-
" mit," in the sixth clause of the report —
Which passed in the negative.
3S4 JOURNAL OF THE [Sept. S.
It was moved and seconded to agree to the sixth
clause of the report —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 seventh clause of the report —
Which passed in the affirmative.
Yeas — New Jersey, Pennsylvania, Delaware, Ma-
ryland, 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, Connecti-
cut, New Jersey, Delaware, Maryland, South Caroli-
na, Georgia - - - . g
Nays — Pennsylvania, Virginia, North Carolina 3
It was moved and seconded to insert the words " in
" presence of the senate and house of represenla-
" tives," 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
"Sept. 6.] FEDERAL CONVENTION. 335
It was moved and seconded to insert the words
" and who shall have given their votes," after the word
" appointed," in the seventh 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 - S
It was moved and seconded to insert the word " im-
^* mediately," before the word " choose" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 follow-
ing clause :
" But the election shall be on the same day through-
•^^ out the United States," after the words " trans-
it mitting their votes" —
Which passed in the affirmative.
Yeas — New Hampshire, Connecticut, Pennsylva-
nia, Maryland, Virginia, North Carolina, South Caro-
lina, 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 representa-
*' lives shall immediately choose by ballot one of them
^ JOURNAL or THE [Sept. 6.
" for president, the members from each state having
" one vote" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Maryland, Virginia,
North Carolina, South Carolina, Georgia 10
Nay — Delaware - - 1
It was moved and seconded to agree to the follow-
ing 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 amend-
meni :
" 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 presi-
" dent, the person having the greatest number of votes
" shall be the vice president ; but if there should re-
" main 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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland.
Virginia, South Carolina, Georgia - 10
Nay — North Carolina - - 1
Sept. 6.3 FEDERAL CONVENTION. 3»
The several amendments being agreed to, on sepa-
rate questions, the first section of the report is as fol-
lows :
" He shall hold the office duringj the terra of four
" years ; and, together with the vice president, chosen
^* for the same term, be elected in the following man-
" ner :
" 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 govern-
" ment, 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
43
338 JOURNAL OF THE [Sept. C.
'* 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 rep-
'* resentatives, a quorum shall consist of a member
'• orj^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
i* 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 choos-
•* ing the electors, and of their giving their votes ; and
" the manner of certifying and transmitting their votes.
"But the election shall be on the same day through-
•' out the United States."
The house adjourned.
FRIDAY, SEPTEMBER 7, 1787.
it was moved and seconded to insert the followmg
clause after the words " throughout the United States,"
in the first 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 presi-
•' dent and vice president ; and such officer shall act
'* accordingly, until such disability be removed, or a
'* president shall be elected" —
acpt. 7.j FEDERAL CONVENTION. 338^
Which passed in the affirmative.
Yeas — New Jersey, Pennsylvania, Maryland, Vir-
ginia, 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 first 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 second section of
the report.
It passed in the affirmative.
The question being taken on the first clause of the
third section of the report,
" The vice president shall be ex officio president of
" the senate" —
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Virginia, South Carolina^
Georgia - - - - 8
Nays — New Jersey, Maryland - - 2
Separate questions having been taken on the several
clauses of the third 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 first clause of the fourth section of
the report —
Which passed in the negative.
34» JOURNAL OF THi. [Sept. 7.
Yea — Pennsylvania - - - 1
Nays — New Hampshire, Massachusetts,Connecticutj
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 publick ministers," in the second clause of the
fourth section of the report —
Which passed in the negative.
Yeas — Pennsylvania, Maryland, North Carolina,
South Carolina - - - 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Delaware, Virginia, Georgia 7
It was moved and seconded to amend the second
clause of the fourth section of the report to read —
" Ambassadors, other publick ministers, and con-
•' suls" —
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 tho words '■ and all
'' other officers" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 fourth section of the
report, in order to take up the follv^ving :
'' That it be an instruction to the committee of the
'^ states to prepare a clause or clauses for establishing
Sept. 7.] FEDERAL CONVENTION. 341
•' 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 legisla-
•' ture or by the senate."
On the question to postpone,
It passed in the negative.
Yeas — Maryland, South Carolina, Georgia 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina . - . - 8
It was moved and seconded to agree to the follow-
ing 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 fourth section of the report —
Which passed in the affirmative.
On the question to agree to the fourth section of the
report as amended,
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Delaware, Maryland, Virginia, North Carolina,
South Carolina - - -8
Nays — New Jersey, Pennsylvania, Georgia 3
It was moved and seconded to postpone the follow-
ing clause of the report :
34^ JOURNAL OF THE [Sept. 8.
" And may require the opinion in writing of the
" principal officer in each of the executive depart-
" mentSj 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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, North Ca-
rolina, 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 follow-
ing 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 con-
'• currence 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 fourth section
of the report —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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 fourth section of the report —
Which passed in the negative.
Sept. 8.] FEDERAL CONVENTION. 343
Yea — Delaware - - - 1
Nays — New Hampshire, Massachusetts, New Jer-
sey, Pennsylvania, Maryland, Virginia, North Caro-
lina, South Carolina, Georgia - - 9
Divided — Connecticut - - 1
It was moved and seconded to agree to the follow-
ing 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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia . - - 8
It was moved and seconded to agree to the follow-
ing amendment :
" A majority of all the members of the senate fo
'' make a treaty" —
Which passed in the negative.
Yeas — Massachusetts, Connecticut, Delaware, South
Carolina, Georgia - - - 5
Nays — New Hampshire, New Jersey, Pennsylva-
nia, Maryland, Virginia, North Carolina - 6
It was moved and seconded to agree to the follow-
ing amendment :
" No treaty shall be made unless two thirds of the
'•^ whole number of senators be present" —
Which passed in the negative.
Yeas — Maryland, Virginia, North Carolina, South
Carolina, Georgia - - - 5
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware 6
3i^ JOURNAL OF THE [Sept. 8.
It was moved and seconded to agree to the follow-
ing amendment :
" But no treaty shall be made before all the mem-
" bers 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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia - - - - - 8
It was moved and seconded to agree to the follow-
ing amendment :
" Neither shall any appointment be made as afore-
" said, unless to offices established by the constitu-
" tion, 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, Connecti-
cut, 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, Connecti-
Sept. 8.] FEDERAL CONVENTION. 345
cut, New Jersey, Delaware, Maryland, North Caro-
lina, 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, Connecti-
cut, 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 im-
" peachment and conviction as aforesaid" —
Which passed unanimously in the affirmative.
It was moved and seconded to amend the third
clause of the report, entered on the journal of the fifth
instant, to read as follows, instead of the twelfth sec-
tion, sixth article :
" All bills for raising revenue shall originate in the
" house of representatives ; but the senate may pro-
** pose 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, Connecti-
cut, New Jersey, Pennsylvania, Virginia, North Caro-
lina, South Carolina, Georgia - - 9
Nays — Delaware. Maryland - - 2
44
346 JOURNAL OP THE [Sept. 8. ^
It was moved and seconded to amend the third clause
of the report, entered on the journal of the 4th instant,
to read as follows :
In the place of the first section, ninth 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, Connecti-
cut, New Jersey, Delaware, Maryland, North Caroli-
na, South Carolina, Georgia - - 9
Nays — Pennsylvania, Virginia - 2
It was moved and seconded to agree to the follow-
ing clause :
" The legislature shall have the sole right of estab-
'' lishing offices not herein provided for" —
Which passed in the negative.
Yeas — Massachusetts, Connecticut, Georgia 3
Nays — New Hampshire, New Jersey, Pennsylva-
nia, Delaware, Maryland, Virginia, North Carolina,
South Carolina - - - 8
It was moved and seconded to amend the said clause
of the second section, tenth 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, Georj^ia 7
Nays — Massachusetts, Pennsylvania, Virginia, South
Carolina ----- 4
It was moved and seconded to appoint a committee
I
Sept. 10.] FEDERAL CONVENTION. 347
of five to revise the style of, and arrange the articles
agreed to by the house —
Which passed in the affirntiative.
And a coaioiittee was appointed, by ballot, of the
honourable Mr. Johnson, Mr. Hamilton, Mr. G. Mor-
ris, Mr. Madison, and Mr. King.
The house adjourned.
MONDAY, SEPTEMBER 10, 1787.
It was moved and seconded to reconsider the third
section of the fourth article, which prescribes the num-
ber of the house of representatives —
Which passed in the negative.
Yeas — Pennsylvania, Delaware, Maryland, Virgi-
nia, North Carolina - - - 5
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, South Carolina, Georgia 6
It was moved and seconded to reconsider the nine-
teenth 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 nineteenth
article, by adding the folhjwing 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."
m JOURNAL OF THE [«cpt. 10.
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 conside-
ration of the amendment, in order to take up the fol-
lowing :
" The legislature of the United States, 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 legisla-
" tures of the several states, or by conventions in three
" fourths thereof; as one or the other mode of ratifica-
" tion may be proposed by the legislature of the Unit-
" ed States : provided, that no amendments which
** may be made prior to the year 1808, shall in any
" manner affect the fourth and fifth sections of arti-
" cle the seventh."
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,
I
dept. 10.] FEDERAL CONVENTION. 34S
Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia - - 9
Nay — Delaware - - - 1
Divided — New Hampshire - - 1
It was moved and seconded to reconsider the twenty-
first and twenty-second articles —
Which, the question being separately put upon each
article, passed in the affirmative.
Yeas — Connecticut, New Jersey, Delaware, Mary-
land, Virginia, North Carolina, Georgia - 7
Nays — Massachusetts, Pennsylvania, South Caro-
lina - - - - 3
Divided — New Hampshire - - 1
It was moved and seconded to postpone the twenty-
first article, in order to take up the following :
*' Resolved, That the foregoing plan of a constitu-
" tion be transmitted to the United States, in Con-
" gress 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 depu-
^' ties 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 conven-
" tion, to declare that, if the said convention shall ap-
" prove of the said constitution, such approbation shall
" be binding and conclusive upon the state ; and fur-
" ther, 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 bind-
3S0 JOURN^AL OF THE [Sept. 11,12.
" ing upon such 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 Jer-
sey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina, Georgia - 10
On the question to agree to the twenty first article,
It passed unanimously in the affirmative.
It was moved and seconded to restore the words
" for their approbation," to the twenty-second article.
It 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 pre-
" pare 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 honourable Mr. Johnson, from the committee
of revision, informed the house, that the committee
were prepared to report the constitution as revised
Sept. 12.] FEDERAL CONVENTION. 351
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 wiih printed
copies thereof.
REVISED DRAFT OF THE CONSTITUTION,
REPORTED SEPTEMBER 12, 1787, BY THE COMMITTEE
or REVISION.*
We the people of the United States, in order to form
a more perfect union, to establish justice., insure do-
mestick tranquillity, provide for the common defence,
promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and
establish this Constitution for the United States of
America^
article I.
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 com-
posed 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
* Paper furnished by general Bloomfield. The originalis Mr. Brear-
ly^s copy of the draft, with manuscript interlineations and erasures of
the amendments adopted on th*^ examination and discussiom
352 JOURrfAL OF THE [Sept. 12;
have attained to the age of twenty-five years, andbeen
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 apportion-
ed among the several states which may be included
within this union, according to their respective num-
bers, which shall be determined by adding to the whole
number of free persons, including those bound to ser-
vitude 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 repre-
sentative ; and until such enumeration shall be made,
the state of New Hampshire shall be entitled to choose
three, Massachusetts eight, Rhode Island and Provi-
dence 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
Sept. 12.] FEDERAL CONVENTION. 353
the legislature thereof, for six years ; and each senator
shall have one vote.
Immediately after they shall be assembled in conse-
quence of the first election, they shall be divided as
equally a s may be into three classes. The seats of the
senators of the first class shall be vacated at the expi-
ration 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 hap-
pen 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 at-
tained 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, andalso
a president pro tempore, in the absence of the vice pre-
sident, or when he shall exercise the office of president
of the United States.
The senate shall have the sole power to try all im-
peachments. 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
45
3§4 JOURNAL OF THE [Sept. 12.
further than to removal from office, and disqualifica-
tion to hold and enjoy any office of honour, trust, or
profit under the United Slates j but the party convict-
ed shall nevertheless be liable and subject to indict-
ment, trial, judgment, and punishment, according to
Sect. 4. The times, places, and manner of holding
elections for senators and representatives, shall be pre-
scribed in each state by the legislature thereof; but
the Congress may at any time by law make or alter
such regulations.
\eThe 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 diffe-
rent day.
Sect. 5. Each house shall be the judge of the elec-
tions, 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 atten-
dance of absent members, in such manner, and under
such penalties as each house may provide.
Each house may determine the rules of its proceed-
ings ; punish its members for disorderly behaviour,
and, with the concurrence of two-thirds, expel a mem-
ber.
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.
Sept. 12.] FEDERAL CONVENTION. 353
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 re-
ceive a compensation for their services to be ascer-
tained by law, and paid out of the treasury of the
United States. They shall in all cases, except trea-
son, 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 re-
presentatives 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 5 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
356 JOURNAL OF THE [Sept. 12.
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 de-
termined by yeas and nays; and the names of the per-
sons voting for and against the bill shall be entered on
the journal of each house respectively. If any bill
shall not be returned by the president within ten days
{Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if he
had signed it, unless the Congress by their adjourn-
ment prevent its return ; in which case it shall not be a
law.
Every order, resolution, or vote, to which the con-
currence of the senate and house of representatives
may be necessary, (except on a question of adjourn-
ment) shall be presented to the President of the Unit-
ed 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 comuion de-
fence 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
Sept. 12.] FEDERAL CONVENTION. 357
uniform laws on the subject of bankruptcies through-
out the United States ;
To coin money, regulate the value thereof, and ot
foreign coin, and fix the standard of weights and mea-
sures ;
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 dis-
coveries ;
To constitute tribunals inferior to the supreme court j
To define and punish piracies and felonies commit-
ted on the high seas, and ofiences against the law of
nations ;
To declare war, grant letters of marque and repri-
sal, and make rules concerning captures on land and
water ;
To raise and support armies ; but no appropriation
of money to that use shall be for a longer term than
two years ;
To provide and maintain a navy ;
To make rules for the government and regulation of
the land and naval forces ;
To provide for calling forth the militia to execute
the laws of the union, suppress insurrections, and repel
invasions ;
To provide for organizing, arming, and disciplining
the militia, and for governing such part of them as may
be employed in the service of the United States — re-
serving to the states respectively, the appointment of
358 JOURNAL OF THE [Sept. 12.
the officers, and the authority of training the militia,
according to the discipline prescribed by Congress ;
To exercise exclusive legislation in all cases what-
soever, over such district (not exceeding ten miles
square) as may, by cession of particular states, and the
acceptance of Congress, become the seat of the go-
vernment 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 pow-
ers, and all other powers vested by this constitution in
the government of the United States, or in any depart-
ment or officer thereof.
Sect. 9. The migration or importation of such per-
sons as the several states, now existing, shall think
proper to admit, shall not be prohibited by the Con-
gress prior to the year one thousand eight hundred and
eight; but a tax or duty may be imposed on such im-
portation, 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 publick 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.
Sept. 12.] FEDERAL CONVENTION. 359
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 or silver coin a
tender in payment of debts, nor pass any bill of attain-
der, nor ex post facto laws, nor laws altering or impair-
ing the obligation of contracts ; nor grant letters of
marque and reprisal ; nor enter into any treaty, alli-
ance 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 nor ships of war in time of
peace ; nor enter into any agreement or compact with
another state, nor with any foreign power ; nor engage
in any war, unless it shall be actually invaded by ene-
mies, or the danger of invasion be so imminent, as not
to admit of delay until the Congress can be consulted.
ARTICLE 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, toge-
ther with the Vice President, chosen for the same tcrili.
be elected in the following manner :
Each state shall appoint, in such manner as the le-
gislature thereof may direct, a number of electors
360 JOURNAL OF THt [Sept. 12.
equal to the whole number of senators and representa-
tives 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 per-
sons voted for, and of the number of votes for each ;
which list they shall sign and certify, and transmit seal-
ed to the seat of the general government, directed to
the president of the senate. The president of the se-
nate 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 great-
est 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 repre-
sentation 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 represen-
tatives, the person having the greatest number of votes
of the electors shall be the vice president. But it
Sept. 12.] FEDERAL CONVENTION. 3^1
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 Unit-
ed 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 lav; provide for the case of removal, death, resigna-
tion, or inability, both of the president and vice pre*
sident, declaring what officer shall then act as presi-
dent ; and such offi.cer shall act accordingly, until the
disability be removed, or the period for choosing ano-
ther 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 faithful-
" ly execute the office of president of the United States,
*^ and will to the best of my judgment and power, pre-
4^
3«2 JOURNAL OF THE [Sept. 12.
" serve, 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 Slates, and of the
militia of the several states, when called into the actu-
al service of the United Slates. He may require the
opinion, in writing, of the principal officer in each
of the executive departments, upon any subject relat-
ing 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 publick
ministers and consuls, judges of the supreme court,
and all other officers of the United States, whose ap-
pointments are not herein otherwise provided for.
The president shall have power to fill up all vacan-
cies that may happen during the recess of (he senate.
by granting commissions, which shall expire at the end
of their next session.
Sect. 3. He shall from time to time give to the Con-
gress information of the slate of the union, and recom-
mend to their consideration such measures as he shall
judge necessary ;.nd expedient. He may, on extraor-
dinary occasions, convene both houses, or either of
them ; and in case of disagreement between them, with
respect to the lime of adjournment, he may adjourn
them to such time as he shall think proper. He shall
receive ambassadors and other publick ministers. He
Sept. 12.] FEDERAL CONVENTION. 363
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.
ARTICLE III.
Sect. 1. The judicial power of the United States,
both in law and equity, shall be vested in one sopreme
court, and in such inferior courts as the Congress may
from time to time ordain and establish. The judges,
both of the supreme and inferior courts, shall hold
their offices during good behaviour, and shall, at stat-
ed 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 ca-
ses, both in law and equity, arising under this constitu-
tion, the laws of the United States, and treaties made,
or which shall be made, under their authority ; to all
cases affecting ambassadors, other publick ministers
and consuls ; to all cases of admiralty and maritime
jurisdiction ; to controversies to which the United
States shall be a party ; to controversies between two
or more states ; between a state and citizens of another
state ; between citizens of different states ; between
citizens of the same state claiming lands under grants
of different states, and between a state, or the citizens
thereof, and foreign states, citizens, or subjects.
In cases affecting ambassadors, other publick minis-
ters and consuls, and those in which a state shall be
ail JOURNAL OF THE [Sept. 12.
party, the supreme court shall have original jurisdic-
tion. 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 regula-
'tions as the Congress shall make.
The trial of all crimes, except in cases of impeach-
ment, shall be by jury ; and such trial shall be held in
the state where the said crimes shall have been com-
mitted ; 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 adher-
ing 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 pu-
nishment of treason ; but no attainder of treason shall
work corruption of blood, nor forfeiture, except dur-
ing the life of the person attainted.
ARTICLE IV.
Sect. 1. Full faith and credit shall be given in each
state to the publick acts, records, and judicial pro-
ceedings 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 se-
veral states.
Sept. IS.) FEDEkAL CONVENTION. 3«&
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 au-
thority of the state from which he fled, be delivered
up, and removed to the state having jurisdiction of the
crime.
No person legally held to service or labour in one
state, escaping into another, shall, in consequence of
regulations subsisting therein, be discharged from such
service or labour, but shall be delivered up, on claim
of the party to whom such service or labour may be
due.
Sect. 3. New states may be admitted by the Con-
gress into this union ; but no new state shall be form-
ed 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 guarantee to every
state in this union a republican form of government ;
and shall protect each of them against invasion ; and,
on application of the legislature or executive, against
domestick violence.
36# JOURNAL OF THE [Sept. m
ARTICLE 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
ARTICLE VI.
All debts contracted and engagements entered into
before the adoption of this constitution shall be as valid
against the United States under this constitution as
under the confederation.
This constitution, and the laws of the United States
which shall be made in pursuance thereof, and all
treaties made, or which shall be made, under the au-
thority 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 menibers 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
Sept. 12.] FEDERAL CONVENTION. 367
religious test shall ever be required as a qualification
to any office or publick trust under the United States.
ARTICLE VII.
The ratification of the conventions of nine states
shall be sufficient for the establishment of this consti-
tution between the states so ratifying the same.
The draft of a letter to Congress being at the same
time reported, was read once throughout ; and after-
wards agreed to by paragraphs.
THE LETTER TO CONGRESS.*
We have now the honour to submit to the considera-
tion of the United States in Congress assembled, that
constitution which has appeared to us the most advisa-
ble.
The friends of our country have long seen and desir-
ed, 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 go-
vernment of the union. But the impropriety of dele-
gating such extensive trust to one body of men, is evi-
dent. Thence results the necessity of a difiereat
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
* Paper deposited by President Washington, at the Department of
State.
368 JOURNAL OF THE [Sept. IS.
into society must give up a share of liberty, to pre-
serve 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 increas-
ed 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 stea-
dily in our view that which appeared to us the greatest
interest of every true American, the consolidation of
our union, in which is involved our prosperity, feli-
city, safety, perhaps our national existence. This
important consideration, seriously and deeply impress-
ed 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 constitu-
tion which we now present, is the result of k spirit of
amity, and of that mutual deference and concession,
which the peculiarity of our political situation render-
ed 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 par-
ticularly disagreeable and injurious to others. That
it is liable to as (ew 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.
S«pt. It.j FEDEHAL CONVENTION. 3W
It was moved and seconded to reconsider the thir-
teenth section of the sixth article —
Which passed in the affirmative.
It was moved and seconded to strikeout th* words
" three-fourths," and to insert the words " two-thirds,"
in the thirteenth section of the sixth article —
Which passed in the affirmative.
Yeas — Connecticut, New Jersey, Maryland, North
Carolina, SoA^th Carolina, Georgia - 6
Nays — Massachusetts, Pennsylvania, Delaware, Vir-
ginia ----- 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 thir-
teenth article, in order to add the following clause at
the end of the thirteenth article :
" Provided nothing herein contained shall be con-
'' strued to restrain any state from laying duties upon
" exports, for the sole purpose of defraying the char-
" ges of inspecting, packing, storing, and indemnifying
" the losses in keeping the commodities in the care of
*' publick officers before exportation."
It was agreed to reconsider.
Yeas — Connecticut, Pennsylvania, Maryland, Virgi-
nia, North Carolina, South Carolina, Georgia 7
Nays — New Hampshire, New Jersey, Delaware, S
THURSDAY, SEPTEMBER 13, 1787.
The honourable Mr. Johnson, from the committee of
47
3S^ JOURJSAL OF THE [Sept. 13.
revision, reported the following as a substitute for the
twenty-second and twenty-third 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 no-
" tice thereof to the United States in Congress assem-
" bled.
" Resolved, That it is the opinion of this conven-
'' tion, 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 presi-
" dent ; and the time and place for commencing pro-
•' ceedings under this constitution : that after such pub-
•* lication, the electors should be appointed, and the
" senators and representatives elected : that the elec-
" tors should meet on the day fixed for the election of
•' the president, and should transmit their votes certifi-
" ed, signed, sealed, and directed, as the constitution
•' requires, to the secretary of the United States in
" Congress assembled : that the senators and repre-
" sentatives should convene at the time and place as-
" signed : that the senators should appoint a president
" of the senate for the sole purpose of receiving, open-
*' ing, and counting the votes for president ; And that
'after he shall be chosen^ the Congress, together with
Sept. 13.] FEDERAL CONVENTION. 37,i
^* the president, should, without delay, proceed to exe-
^* cute this constitution."
The clause offered to the house yesterday to be ad-
ded to the thirteenth article being withdrawn, it was
moved and seconded to agree to the following amend-
ment to the thirteenth article :
"Provided, That no state shall be restrained from
•' imposing the usual duties on produce exported from
" such state, for the sole purpose of defraying the char-
" ges of inspecting, packing, storing, and indemnifying
*• the losses on such produce, while in the custody of
" publick 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 conside-
ration of the report of the committee respecting the
twenty-second and twenty-third 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 com-
paring 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.
ajff JOURNAL Of^ THE [Sept. 13^.
[No entry of the corrections and amendments adopted or proposed,
appears upon the journals. The sheets of yeas and nays exhibit, how-
ever, many of the questions upon the amendments proposed, and the
result of the votes upon them. The amendments adopted, are inter-
terlined in manuscript, in the revised draft of the constitution, used by
Mr. Brearly ; and, with the minutes furnished by Mr. Madison to com-
plete 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 second section, first 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 " ser-
" vice," instead of " servitude," article first, section
second, clause third —
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
NaVs — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Virginia, North Carolina, South Ca-
rolina, Georgia - - - - 8
It was moved and seconded to insert between " af-
•* ter" and " it," the words " the day on which."
Passed in the negative.
Yeas — Pennsylvania, Maryland, Virginia 3
Nays — New Hampshire, Massachusetts* Connecti.
Sept. 13.] FEDERAL CONVENTION. 3^3
cut, 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
Navs — Connecticut, New Jersey, Pennsylvania, De-
laware, Maryland , - - . 5
It was moved and seconded to insert after the word
" parts," the words " of the proceedings of the se-
'^ nate" —
Which passed in the negative.
Yeas — Pennsylvania, Maryland, North Carolina 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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, Connecti-
cut, Delaware, Maryland, North Carolina, South Ca-
rolina, Georgia - - - - g
Nays — New Jersey, Virginia - - 2
It was moved and seconded to reconsider the second
clause of the third section, first article —
Which passed in the negative.
Yeas — Pennsylvania, Delaware, Maryland, Virgi-
nia, North Carolina ... 5
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, South Carolina, Georgia 6
Question omitted.
a;H. JOURNAL OF THE [Sept. 13.
Yea — Virginia - - - . i
Nays— New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
North Carolina, South Carolina, Georgia - 10
Question omitted.
Yeas — Connecticut, South Carolina, Georgia 3
Nays— New Hampshire, Massachusetts, New Jer-
sey, Pennsylvania, Delaw re, Maryland, Virginia.
North Carolina . - . - 8
It was moved and seconded to reconsider the firs^
clause of the fifth section of the first article —
Which passed in the negative.
Yeas — New Jersey, Maryland, North Carolina;
Georgia - - - - - 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Virginia, South Caroli-
na - - - . - 7
Question omitted.
[It was probably on adding the words " except as to the place of
" choosing senators," after the word " regulations,'' in the fourth sec-
tion of the first article — which amendment was adopted.]
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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, Geor-
gia - - ... 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, South Caro-
lina ----- 7
Question omitted. Passed in the negative.
Sept. 14.] FEDERAL CONVENTION. 315
Yeas — Massachusetts, Pennsylvania, South Caroli-
na - . - . _ 3
Nays — New Hampshire, Connecticut, New Jersey,
Delaware, Maryland, Virginia, North Carolina, Geor-
gia 8
Question omitted. Passed in the affirmative.
[It was probably on striking out the words " three-fourths," and in-
serting " two-thirds," in the fourth clause, seventh section, first arti-
cle.]
Yeas — Connecticut, New Jersey, Delaware, Mary-
land, North Carolina, South Carolina, Georgia 7
Nays — New Hampshire, Massachusetts, Pennsyl?a-
nia, Virginia . _ . . 4
FRIDAY, SEPTEMBER 14, 1767.
The report from the committee of revision, as cor-
rected and amended yesterday, being taken up, was
read, debated by paragraphs, amended and agreed to,
as far as the first clause of the tenth section of the first
article inclusive.
Question — To strike out the words " may by joint
** ballot appoint a treasurer. They" from the first
clause of the eighth section, first 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 tenth clause, eighth
section, first article —
m$ K)UaNAL OP THE [Sept. i4.
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, Pennsylvania, Delaware, Maryland, North Caroli-
na, 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, Vir-
ginia, Georgia - . - , 5
Question — To grant letters of incorporation for ca-
nals, <Szc. A clause proposed to be added to the eighth
section of the first article.
Passed in the negative.
Yeas — Pennsylvania, Virginia, Georgia 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Delaware, Maryland, North Carolina,
South Carolina - . . - g
Question — '* To establish a university." An addi-
tional clause proposed to the eighth section of the first
article.
Passed in the negative.
Yeas — Pennsylvania, Virginia, North Carolina^
South Carolina - ... 4
Nays — New Hampshire, Massachusetts, New Jersey^
Delaware, Maryland, Georgia - - €
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 maybe
Sept. 14.] FEDERAL CONVENTION. 3W
" better secured against the danger of standing armies
" in time of peace," article first, section eighth.
Passed in the negative.
Yeas — Virginia, Georgia - - 2
Nays — New Hampshire, Massachusetts, Connecti-
cut, 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, De-
laware, North Carolina, Georgia - - 6
Question — To insert the words " or enumeration,"
after the word '* census," in the fourth clause of the
ninth section, first article.
Passed in the affirmative.
Yeas — New Hampshire, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, Geor-
gia ----- 8
Nays — Connecticut, South Carolina - 2
Question omitted. Passed unanimously in the affir-
mative.
[Probably upon one or all of the following three amendments,
adopted.]
Add at the end of the first clause of the eighth section,
first article, "but all duties, imposts and excises, shall
"be uniform throughout the United States."
Add at the end of the fifth clause of the ninth sec-
tion, first article, " no preference shall be given by any
48
378 JOURNAL OF THE [Sept 14,
" regulation of commerce or revenue to the ports of
*'one state over those of another. Nor shall vessels
<' bound toor from one state, be obliged to enter, clear
" or pay duties in another."
Add at the end of the sixth clause of the ninth sec-
tion, first article," and a regular statement and account
" of the receipts and expenditures of all publick mo,
" ney shall be published from time to time."
[The following amendments to the revised draft, were likewise
adopted :]
Article first, section second, clause fifth. Strike out
the word " they."
Article first, section third, clause second. Add at
the end of the clause, after the word " legislature,"
the words " which shall then fill such vacancies."
Article first, section third, clause fourth. Strike out
the words " ex officio."
Article first, section third, clause sixth. After the
word "oath," insert '' or affirmation."
Article first, section eighth, clause third. After the
word " nations," insert the word " and."
Article first, section ninth, clause first. Strike out
the word " several," and between the words " as" and
" the,^' insert the words " any of."
Alter the third clause so as to read, " no bill of at-
•• tainder, or ex post facto law shall be passed."
In the fourth clause, after the word " capitation," in-
sert the words " or other direct."
Article first, section tenth, clause first, 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
Sept. 15.] FEDERAL CONVENTION. 379
"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, Virgi-
nia ----- 4
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, North Carolina, Georgia 6
It was moved and seconded to reconsider the third
clause, second section, first article —
Which passed in the affirmative.
Yeas — New Hampshire, Connecticut, Delaware,
Maryland, Virginia, North Carolina, South Carolina,
Georgia ----- g
Nays — Massachusetts, New Jersey, - 2
Divided — Pennsylvania - - 1
It was moved and seconded to* add one mem-
ber to the representatives of North Carolina, and of
Rhode Island.
• N. B. The volume containing the journal of the convention, depo-
sited 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 the presidentj
by the late president Madison.
$9Cr JOURNAL OF THE [Sept. 15.
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, Connecti-
cut, New Jersey, Pennsylvania, Delaware 6
It was moved to set aside article first, section tenth,
clause second, and substitute " no state shall, with-
*' out the consent of Congress, lay any imposts, or du-
" ties on imports or exports, except what may be abso-
*^ lutely necessary for executing its inspection laws :
''and the nett produce of all duties and imposts laid
" by any state on imports, or exports, shall be for the
'' use of the treasury of the United States ; and all
'•such laws shall be subject to the revision and con-
" trol 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 con-
-' trol of the Congress" —
Which passed in the negative.
Yeas — Virginia, North Carolina, Geoi'gia S
Nays — New Hampshire, Massachusetts, Connecti-
Sept. I6.3 FEDERAL CONVENTION. 361
cut, New Jersey, Delaware, Maryland, South Caro-
lina ..... 7
Divided — Pennsylvania - - 1
The substitute was then agreed to.
It was moved and seconded to substitute for first part
of clause second, section tenth, article first, the words
" no state shall, without the consent of Congress, lay
"any imposts or duties on imports or exports, excepj.
"what may be indispensably necessary for executing
"its inspection laws ; and the nett produce of all duties
" and imposts laid by any state on imports or exports
" shall be for the use of the treasury of the United
" States; and all such laws shall be subject to the revi-
" sion and control of the Congress" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Maryland,
North Carolina, South Carolina, Georgia - 10
Nay — Virginia - - . - i
It was moved " that no state shall be restrained
" from laying duties on tonnage for the purpose of
" clearing harbours, and erecting light houses."
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 Jer-
sey, 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 of tonnage, keep troops, or ships of war
382 JOURNAL OF THE [Sept. 16.
"in time of peace, enter into any agreement or com-
"pact 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 second, section first, clause sixth. On motion
to strike out the words " the period for choosing ano-
" ther president arrived," and insert " a president shall
" be elected"—
It passed in the affirmative.
It was moved to annex to clause seventh, section
first, article second, " 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 se-
venth, section first, article second, the words " and he
" [the president] shall not receive v/ithin that period
" any other emolument from the United States or any
" of them" —
Which passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Pennsyl-
vania, Maryland, Virginia, South Carolina, Georgia 7
Nays — Connecticut, New Jersey, Delaware, North
Carolina , - _ - . 4
Article second, section second. It was moved to in-
sert " except in cases of treason" —
Which passed in the negative.
It was moved and seconded to insert the words " ex-
" cept in cases of treason," article second, section
second.
Which passed in the negative.
Yeas — Virginia, Georgia - - 2
Nays — New Hampshire, Massachusetts, New Jer-
Sept. 15.] FEDERAL CONVENTION. 383
sey, Pennsylvania, Delaware, Maryland, North Caro-
lina, South Carolina - - . 8
Divided — Connecticut - - 1
Article second, section second, clause second. It
was moved to add ""but the Congress may, by law,
" vest the appointment of such inferior oflScers 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 second and third articles of
the revised draft were also adopted :]
Article second, section first, clause first. Strike out
the words " in the following manner," and insert in
their stead the words " as follows."
Section first, clause second. Transpose the words
•• shall be appointed an elector," to the end of the
clause ; and instead of the word " nor" read " or."
Section first, clause third. Strike out the words
" and not per capita," and the words " by the repre-
"\jsentatives."
Section first, clause fourth. Strike out the words
^' time in," and insert the words " day on ;" sirike out
"but the election shall be on the same day," and in-
sert " which day shall be the same."
Section first, clause seventh. 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 second, clause first. After the words " mili-
" tia of the several states," add the words " when
*' called into the actual service of the United States."
Section second, clause second. After the words
384 JOURNAL OP THE {Sept. 15.
"provided for," add "and which shall be established
" by law."
Article third, section first. Strike out the words
" both in law and equity."
Section second, clause first. Strike out the word
'' both."
Article third, section second, clause third. 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 Con-
" gress may by law vest the appointment of such in-
" ferior officers as they think proper in the president
"alone, in the courts of law, or in the heads of depart-
" ments," article second, section second, clause
first—
Which 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 fourth, section second, clause second, fn-
stead of " and removed," read " to be removed." —
Section second, clause third. For " of regulations
"subsisting," read " of any law or regulation."
Article fourth, section second, clause third. It was
moved to strike out the word " legally," and insert
after the word " state" the words " under the laws
" thereof."
Which passed in the affirmative.
It was moved and seconded to strike out " legally,"
&c. Article fourth, section second, clause third.
Sept. 16.] FEDERAL CONVENTION. 385
Which passed in the affirmative.
Yeas — Connecticut, Maryland, Virginia, North Ca-
rolina, Georgia . . . _ 5
Nays — Massachusetts, New Jersey, Pennsylvania,
South Carolina - - - _ 4
Divided — New Hampshire, Delaware - 2
Article fourth, section third. It was moved to in-
sert after the words " or parts of states," the words
'• or a state, and part of a state" —
Which passed in the negative.
Article fourth, section fourth. After the word " exe-
" cutive," insert "when the legislature cannot be
•' convened."
Article fifth. 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 the article
fifth, so as to require a convention on the application
of two-thirds of the states.
Passed in the affirmative.
Yeas — Connecticut, Pennsylvania, Delaware, Mary-
land, Virginia, NorthCarolina. South Carolina,Georgia 8
Nays — New Hampshire, Massachusetts, New Jer-
sey - - ... 3
It was moved and seconded to insert in article fourth,
section third, 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, Vir-
ginia, North Carolina, Georgia - - 10
49
386 JOURNAL OF THE [Sept. 16.
It was moved and seconded to strike out after " le-
•'• gislatures," the words " of three-fourths," and so after
the word " conventions," article fifth — [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
" or by conventions in three-fourths thereof."
Passed in the negative.
Yea — Connecticut - - - » 1
Nays — New Hampshire, Massachusetts, New Jer-
sey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina, Georgia - 10
It was moved and seconded to annex to the end of
article fifth, 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, Pennsylva-
nia, Maryland, Virginia, North Carolina, South Caro-
lina, Georgia - - - - g
It was moved and seconded to strike out article fifth.
Passed in the negative.
Yeas — Connecticut, New Jersey - 2
Nays — New Hampshire, Massachusetts, Pennsylva-
nia, Maryland, Virginia, North Carolina, South Caro-
lina, Georgia . . . . g
Divided — Delaware - - - 1
It was moved to strike out of article fifth, after the
Sept. 15.] FEDERAL CONVENTION. Sfi^^
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 accord-
ing to circumstances —
Which passed in the negative.
It was moved to strike out the words '^ or by conven-
•' tions in three-fourths thereof" —
Which passed in the negative.
It was moved to annex to the article a further pro-
viso, ^' that no state shall, without its consent, be afFect-
" ed in its internal police, or deprived of its equal suf-
" frage in the senate" —
Which passed in the negative.
It was then moved to strike out the fifth article alto-
gether—
Which passed in the negative.
It was moved to add a proviso, " that no state, with-
*•' out 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.
It was moved and seconded " that no law in nature
•• of a navigation act be passed before the year 1808,
•' without the consent of two-thirds of each branch of
•' the legislature."
Passed in the negative.
Yeas — Maryland, Virginia, Georgia - 3
Nays — New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Delaware, South Caro-
lina - .... 7
388 JOURNAL OF THE [Sept. 15.
It was moved " that amendments to the plan might
" be offered by the state conventions, which should be
" submitted to, and finally decided on, by another ge-
" neral convention" —
Which passed in the negative ; all the stales concur-
ring.
It vs^as 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 fifth 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 legisla-
"tures 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 legisla-
" tures of three-fourths of the several states, or by con-
•' ventions 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 first and fourth clauses in the ninth section
*' of the first article; and that no state, without its con-
" sent, 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 concur-
ring.
Sept. 17.] FEDERAL CONVENTION. 3I5«>
Ordered, That the constitution be engrossed.
The house adjourned.
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, <Szc. In wit-
" ness 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,
Ail the states answered ay.
On the question to agree to the above form of sign-
It passed in the affirmative.
Yeas — New Hampshire, Massachusetts, Connecti-
cut, 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, Connecti-
cut, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina, South Carolina, Georgia 10
Nay — Maryland > - . 1
390 JOURNAl^ OF FEDERAL .CONVENTION, [^ept. 17.
The president having asked what the convention
meant should be done with the journal — it was resolv-
ed, nem. con. " That he retain the journal and other
" papers, subject to the order of the Congress, if ever
'* formed under the constitution."
The members proceeded to sign the constitution ; and
the convention then dissolved itself by an adjournment
sine die.
SUPPLEMENT.
The following extract from tbe journal of the Congress of
the confederation, exhibits the proceedings of that body on re-
ceiving the report of the convention.
UNITED STATES IN CONGRESS ASSEMBLED.
FRIDAY, SEPTEMBER 28, 1787.
Present, New Hampshire, Massachusetts, Connecti-
cut, New York, New Jersey, Pennsylvania, Dela-
ware, Virginia, North Carolina, South Carolina, and
Georgia, and from Maryland Mr. Ross.
Congress having received the report of the conven-
tion lately assembled in Philadelphia,
Resolved, unaniniously, 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 re-
solves 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 :
392 SUPPLEMENT.
DELAWARE.
We the deputies ot .the people of the Delaware state^
in convention met, having taken into our serious con-
sideration the federal constitution proposed and agreed
upon by the deputies of the United States in a gene-
ral convention held at the city of Philadelphia, on the
seventeenth day of September, in the year of our Lord
one thousand seven hundred and eighty-seven, have
approved, assented to, ratified and confirmed, and by
these presents do, in virtue of the power and authori-
ty to us given for that purpose, for and in behalf of our-
selves and our constituents, fully, freely, and entirely
approve of, assent to, ratify and confirm the said con-
stitution.
Done in convention at Dover, this seventh day of
December, in the year aforesaid, and in the year
of the independence of the United States of Ame-
rica the twelfth, — In testimony whereof \vc have
hereunto subscribed our names.
Sussex Count!/. Kent Count t/* J^eiccastle. County.
John Ingram, Nicholas Ridgely, James Latimer, President-,
John Jones, Richard Smith, James Black,
William Moore, George Fruitt, John James,
William Hall, Richard Bassett, Gunning Bedford, sen.
Thomas Laws, James Sykes, Kensey Johns,
Isaac Cooper, Allen M'Lean, Thomas Watson,
Woodman Storkley, Daniel Cummins, sen. Solomon Maxwell ,
John Laws, Joseph Barker, Nicholas Way,
Thomas Evans, Edward White, Thomas Duff,
Israel Holland. George Manlove. Gunning Bedford, jun.
[l. s.] To all whom these presents shall come.
Greeting.
I Thomas Collins, president of the Delaware state.
SUPPLEMENT. 393
do hereby certify, that the above instrument of writ-
ing is a true copy of the original ratification of the
federal constitution by the convention of the Delaware
state, which original ratification is now in my posses-
sion.— In testimony whereof I have caused the seal of
the Delaware state to be hereunto annexed.
THOMAS COT.LINS.
PENNSYLVANIA.
In the name of the people of Pennsylvania.
Be it known unto all men, that we the delegates oi
the people of the commonwealth of Pennsylvania, in
general convention assembled, have assented to, and
ratified, and by these presents do, in the name and by
the authority of the same people, and for ourselves,
assent to, and ratify the foregoing constitution for the
United States of America. Done in convention, at
Philadelphia, the twelfth day of December, in the year
of our Lord one thousand seven hundred and eighty-
seven, and of the independence of the United States of
America the twelfth. — In witness whereof we have
hereunto subscribed our names.
FREDERICK A. MUHLENBERG, President.
George Latimer, To. Macphersonj
Benjamin Rush, John Hunn,
Hilary Baker, George Gray,
James Wilson, -Samuel Ashmead,
Thomas M'Kean, Enoch Edwards,
50
394
SUPPLEMENT.
Henry Wynkoop,
John Barclay,
Thomas Yardley,
Abraham Stout,
Thomas Bull,
Anthony Wayne,
William Gibbons,
Richard Downing,
Thomas Cheney,
John Hannum,
Stephen Chambers,
Robert Coleman,
Sebastian Graff,
John Hubley,
jasper Yeates,
Henry Slagle,
Thomas Campbell,
Thomas Hartley,
Attest.
David Grier,
John Black,
Benjamin Pedan,
John Arndt,
Stephen Balliet,
Joseph Horsefield,
David Dashler,
William Wilson,
John Boyd,
Thomas Scott,
John Nevill,
John Allison,
Jonathan Roberts,
John Richards,
James Morris,
Timothy Pickering.
Benjamin Elliot.
James Campbell, Sec'ry.
NEW JERSEY.
In convention of the state of New Jersey.
Whereas a convention of delegates from the follow-
ing states, viz. New Hampshire, Massachusetts, Con-
necticut, New York, New Jersey, Pennsylvania, Dela-
ware, Maryland, Virginia, North Carolina, South Caro-
lina, and Georgia, met at Philadelphia, for the purpose.
SUPPLEMENT. 395
of deliberating on, and forming a constitution for the
United States of Anierica, finished their session on the
seventeenth day of Septennber last, and reported to
Congress the form which they* had agreed upon, in the
words following, viz. [See the constitution.]
And whereas, Congress on the twenty-eighth day of
September last, unanimously did resolve, " That
" the said report, with the resolutions and letter ac-
" companying the same, be transmitted to the se-
" veral legislatures, in order to be submitted to a
" convention of delegates, chosen in each state by the
" people thereof, in conformity to the resolves of the
" convention made and provided in that case."
And whereas, the legislature of this state did on
the twenty-ninth day of October last resolve in the
words following, viz. " Resolved unanimously, That
'' it be recommended to such of the inhabitants of this
'' state as are entitled to vote for representatives in gc-
" neral assembly, to meet in their respective counties
" on the fourth Tuesday in November next, at the se-
" veral places fixed by law for holding the annual elec-
'' tions, to choose three suitable persons to serve as de-
" legates from each county in a state convention, for
"the purposes herein before mentioned, and that the
'• same be conducted agreeably to the mode, and con-
" formably with the rules and regulations prescribed
" for conducting such elections.
" Resolved unanimously, That the persons so elect-
*' ed to serve in state convention, do assemble and meet
" together on the second Tuesday in December next,
" at Trenton, in the county of Hunterdon, then and
'' there to take into consideration the aforesaid consti-
" tution j and if approved of by them, finally to ratify
396 SUPPLEMENT.
^' the same, in behalf and on the part of this state; and
" make report thereof to the United States in Congress
'' assembled, in conformity with the resolutions thereto
'-annexed.
" Resolved, That the sheriffs of the respective coun-
''' ties of this state shall be, and they are hereby requir-
^' ed to give as timely notice as may be, by advertise-
'' ments, to the people of their counties, of the time.
" place, and purpose of holding elections as afore-
"said."
And whereas, the legislature of this state did also
on the first day of November last, make and pass the
following act, viz. " An act to authorize the people
** of this state to meet in convention, deliberate upon,
•' agree to, and ratify the constitution of the United
'• States, proposed by the late general convention. —
" Be it enacted by the council and general assembly
•' of this state, and it is hereby enacted by the authori-
" ty of the same, that it shall and may be lawful for
•' the people thereof, by their delegates, to meet in con-
-' vention, to deliberate upon, and if approved of by
•' them, to ratify the constitution for the United States,
" proposed by the general convention, held at Phila-
" delphia, and every act, matter and clause therein
' contained, conformably to the resolutions of the le-
■' gislature, passed the twenty-ninth day of October,
*' seventeen hundred and eighty-seven, any law, usage
" or custom to the contrary in any wise notwithstand-
-ing."
Now be it known, that we the delegates of the state
of New Jersey, chosen by the people thereof for the
purposes aforesaid, having maturely deliberated on,
and considered the aforesaid proposed constitution, do
SUPPLEMENT.
297
hereby for and on the behalf of the people of the said
state of New Jersey, agree to, ratify and confirm the
same and every part thereof.
Done in convention by the unanimous consent of the
members present, this eighteenth day of December,
in the year of our Lord one thousand seven hundred
and eighty-seven, and of the independence of the Unit-
ed States of America the twelfth. — In witness whereof
we have hereunto subscribed our names.
JOHN STEVENS, President,
And delegate from the county of Hunterdon.
Cape May,
Jesse Hand,
Jeremiah Eldridge.
Matthew Willdin.
Hunterdon,
David Brearly,
Joshua Corshon.
Morris,
WilHam Windes,
William Woodhull,
John Jacob Faesch.
Cumberland,
David Potter,
Jonathan Bowen,
Eli Elmer.
Sussex,
Robert Ogden,
Thomas Anderson,
Robert Hoops.
Bergen,
John Fell,
Peter Zobriskie,
Cornelius Hennion.
Essex,
John Chetwood,
Samuel Hay,
David Crane.
Middlesex,
John Neilson,
398
SUPPLEMENT.
County of Middlesex,
Monmouth,
Somerset,
Burlington,
Gloucester,
Salem,
Attest.
John Beatty,
Benjamin Manning.
Elisha Lawrence,
Samuel Breese,
William Crawford.
John Witherspoon,
Jacob R. Hardenberg,
Frederick Frelinghuysen.
Thomas Reynolds,
Geo. Anderson,
Joshua M. Wallace.
Richard Howell,
Andrew Hunter, '•
Benjamin Whitall.
Whitten Cripps,
Edmund Wetherby,
Samuel W. Stockton, Sec'ry.
CONNECTICUT.
In the name of the people of the state of Connecti-
cut.
We the delegates of the people of said state in gene-
ral convention assembled, pursuant to an act of the
legislature in October last, have assented to and ratifi-
ed, and by these presents do assent to, ratify and adopt
the constitution reported by the convention of dele-
gates in Philadelphia, on the 17th day of September,
A. D. 1787, for the United States of America.
SUPPLEMENT.
Done in convention this 9th day of January, A. D.
1788. — In witness whereof we have hereunto set our
hands,
MATTHEW GRISWOLD, President.
Jeremiah Wadsworth,
Jesse Root,
Isaac Lee,
Selah Hart,
Zcbulon Peck, jun.
Elisha Pitkin,
Erastus Wolcott,
John Watson,
John Treadwell,
William Judd,
Joseph Mosely,
Wait Goodrich,
John Curtiss,
Asa Barns,
Stephen Mix Mitchell.
John Chester,
Oliver Elsworth,
Roger Newberry,
Roger Sherman,
Pierpont Edwards,
Samel Beach,
Daniel Holbrook,
John Holbrook,
Gideon Buckingham,
Lewis Mallet, jun.
Joseph Hopkins,
John Welton,
Richard Law.
Amasa Learned,
Samuel Huntington.
Jedediah Huntington,
Isaac Huntington,
Robert Robbins,
Daniel Foot,
Eli Hyde,
Joseph Woodbridge.
Stephen Billings,
Andrew Lee,
William Noyes,
Joshua Raymond, jun,
Jeremiah Halsey,
Wheeler Coit,
Charles Phelps,
Nathaniel Minor,
Jonathan Sturges,
Thaddeus Burr,
Elisha Whittel^ey,
Joseph Moss White,
Amos Mead,
Jabez Fitch,
Nehemiah Beardsley,
James Potter,
John Chandler,
John Beach,
Hezekiah Rogers,
Lemuel Sanford,
SUPPLEMENT.
William Heron,
Philip Burr Bradley,
Nathan Danchy,
James Davenport,
John Davenport, jun.
William Samuel Johnson,
Elisha Mills,
Eliphalet Dyer,
Jedediah Elderkin,
Simeon Smith,
Hendrick Dow,
Seth Paine,
Asa Witter,
Moses Cleaveland,
Samson Howe,
William Danielson.
William Williams,
James Bradford,
Joshua Dunlap,
Daniel Learned,
Moses Campbell,
Benjamin Dow,
Oliver Wolcott,
Jedediah Strong,
Moses Hawley,
Charles Burrall,
Nathan Hale,
Daniel Miles,
Asaph Hall,
Isaac Burnhani;
John Wilder,
Mark Prindle,
Jedediah Hubbel.
Aaron Austin,
Samuel Canfield,
Daniel Everitt,
Hezekiah Fitch,
Joshua Porter,
Benjamin Hinman,
Epaphras Sheldon,
Eleazer Curtiss,
John Whittlesey,
Dan. Nath. BrinsmadC;
Thomas Fenn,
David Smith,
Robert M'Cune,
Daniel Sherman,
Samuel Orton,
Asher Miller,
Samuel H. Parsons,
Ebenezer White,
Hezekiah Goodrich,
Dyer Throop,
Jabez Chapman,
Cornelius Higgins,
Hezekiah Brainard,
Theophilus Morgan,
Hezekiah Lane,
William Hart,
Samuel Shipman.
Jeremiah West,
Samuel Chapman,
Tchabod Warner,
Samuel Carver,
Jeremiah Ripley,
Ephraim Root,
SUPPLEMENT. m.
John Phelps, Caleb Holt,
Isaac Foot, Seth Crocker.
Abijah Sessions,
State of Connecticut, ss. Hartford, January ninth.
Anno Domini, one thousand seven hundred and eighty-
eight. The foregoing ratification was agreed to, and
signed as above, by one hundred and twenty-eight, and
dissented to by forty delegates in convention, which If
a majority of eighty-eight.
Certified by
MATTHEW GRISWOLD, President,
Teste.
Jedediah Strong, Sec'ry.
COMMONWEALTH OF MASSACHUSETTS.
In Convention of the Delegates of the People of the
Commonwealth of Massachusetts. February, 6.
1788.
The convention having impartially discussed, and
fully considered the constitution for the United States
of America, reported to Congress by the convention of
delegates from the United States of America, and sub-
mitted to us by a resolution of the general court of the
said commonwealth, passed the twenty-fifth day of Oc-
tober last past, and acknowledging with grateful hearts,
the goodness of the Supreme Ruler of the universe in
affording the people of the United States, in the course
51
402 SUPrLEMENT.
of his Providence, an opportunity, deliberately and
peaceably, without fraud or surprise, of entering into
an explicit and solemn compact with each other, by
assenting to and ratifying a new constitution, in or-
der to form a more perfect union, establish justice,
insure domestick tranquillity, provide for the common
defence, promote the general welfare, and secure the
blessings of liberty to themselves and their posterity —
Do, in the name and in behalf of the people of the
commonwealth of Massachusetts, assent to and ratify
the said constitution for the United States of America.
And as it is the opinion of this convention, that cer-
tain amendments and alterations in the said constitu-
tion would remove the fears and quiet the apprehen-
sions of many of the good people of this common-
wealth, and more effectually guard against an undue
administration of the federal government — The con-
vention do therefore recommend that the following alte-
rations and provisions be introduced into the said con-
stitution,
I. That it be explicitly declared that all powers
not expressly delegated by the aforesaid constitution,
are reserved to the several states to be by them exer-
cised.
II. That there shall be one representative to every
thirty thousand persons, according to the census men-
tioned in the constitution, until the whole number of the
representatives amounts to two hundred.
III. That Congress do not exercise the powers
vested in them by the fourth section of the first article,
but in cases when a state shall neglect or refuse to
make the regulations therein mentioned, or shall make
SUPPLEMENT. 403
regulations subversive of the rights of the people to a
free and equal representation in Congress, agreeably
to the constitution.
IV. That Congress do not lay direct taxes but
when the moneys arising from the impost and excise are
insufficient for the publick exigencies, nor then until
Congress shall have first made a requisition upon the
states to assess, levy, and pay their respective propor-
tions of such requisition, agreeably to the census fixed
in the said constitution, in such way and manner as
the legislatures of the states shall think best ; and in
such case if any stale shall neglect or refuse to pay its
proportion pursuant to such requisition, then Congress
may assess and levy such state's proportion, together
with interest thereon at the rate of six per cent per
annum, from the time of payment, prescribed in such
requisition.
V. That Congress erect no company of merchants
with exclusive advantages of commerce.
VI. That no person shall be tried for any crime
by which he may incur an infamous punishment, or
loss of life, until he be first indicted by a grand jury, ex-
cept in such cases as may arise in the government and
regulation of the land and naval forces.
VII. The supreme judicial federal court shall have
no jurisdiction of causes between citizens of diffe-
rent states, unless the matter in dispute, whether it con-
cerns the realty or personalty, be of the value of three
thousand dollars at the least — nor shall the federal
judicial powers extend to any actions between citizens
of different states, where the matter in dispute, whether
it concerns the realty or personalty, is not of the valu§
of fifteen hundred dollars at the least.
49ji SUPPLEMENl.
VIII. In civil actions between citizens of different
states, every issue of fact arising in actions at com-
mon law, shall be tried by a jury, if the parties or
either of them request it.
IX. Congress shall at no time consent that any
person holding an office of trust or profit under the
United States shall accept of a title of nobility, or any
other title or office, from any king, prince, or foreign
state.
And the convention do, in the name and in behalf of
the people of this commonwealth, enjoin it upon their
representatives in Congress at all times, until the alte-
rations and provisions aforesaid have been considered
agreeably to the fifth article of the said constitution,
to exert all their influence, and use all reasonable and
legal methods to obtain a ratification of the said alte-
rations and provisions, in such manner as is provided
in the said article.
And that the United States in Congress assembled
may have due notice of the assent and ratification of
the said constitution by this convention, it is Resolv-
ed, That the assent and ratification aforesaid be en-
grossed on parchment, together with the recommenda-
tion and injunction aforesaid, and with this resolution ;
and that his excellency John Hancock, Esq. president,
and the honourable William Cushing, Esq. vice presi-
dent of this convention, transmit the same, counter-
signed by the secretary of the convention, under their
hands and seals, to the United States, in Congress as-
sembled.
JOHN HANCOCK, President.
WILLIAM CUSHING, Vice President.
George Richards Minot, Sec'ry,
SUPPLEMENT. 405
Pursuant to the resolution aforesaid, we the president
and vice president above named, do hereby transmit to
the United States in Congress assembled, the same re-
solution, with the above assent and ratification of the
constitution aforesaid, for the United States, and the
recommendation and injunction above specified.
In witness whereof, we have hereunto set our hands
and seals, at Boston, in the commonwealth aforesaid,
this seventh day of February, Anno Domini one thou-
sand seven hundred and eighty-eight, and in the twelfth
year of the independence of the United States of Ame-
rica.
JOHN HANCOCK, President. [l. s.]
WM. CUSHING, Vice President, [l. s.]
STATE OF GEORGIA.
In Convention, Wednesday, January the second, one
thousand seven hundred and eighty-eight.
To all to whoip these presents shall come, Greeting :
Whereas the form of a constitution for the govern-
ment of the United States of America, was, on the se-
venteenth day of September, one thousand seven hun-
dred and eighty-seven, agreed upon and reported to
Congress by the deputies of the said United States
convened in Philadelphia, which said constitution is
written in the words following, to wit :
And whereas, the United States in Congress assem-
40e SUPPLEMENT.
bled did, on the twenty-eighth day of September, one
thousand seven hundred and eighty-seven, Resolve
unanimously, " That the said report, with the resolu-
" tions and letter accompanying the same, be trans-
"mitted to the several legislatures, in order to be sub-
emitted to a convention of delegates chosen in each
" state by the people thereof, in conformity to the re-
" solves of the convention made and provided in that
*^ case."
And whereas, the legislature of the state of Geor-
gia, did, on the twenty-sixth day of October, one
thousand seven hundred and eighty-seven, in pur-
suance of the above recited resolution of Congress.
Resolve, That a convention be elected on the day of
the next general election, and in the same manner as
representatives are elected ; and that the said conven-
tion consist of not more than three members from each
county ; and that the said convention should meet at
Augusta, on the fourth Tuesday in December then
next, and as soon thereafter as convenient, proceed to
consider the said report, letter, and resolutions, and to
adopt or reject any part or the whole thereof.
Now know ye, that we, the delegates of the people
of the state of Georgia in convention met, pursuant to
the resolutions of the legislature aforesaid, having ta-
ken into our serious consideration the said constitution,
have assented to, ratified and adopted, and by these
presents do, in virtue of the powers and authority to
us given by the people of the said state for that pur-
pose, for, and in behalf of ourselves and our constitu-
SUPPLEMENT.
407
ents, fully and entirely assent to, ratify and adopt the
said constitution.
Done in convention, at Augusta, in the said state, on
the second day of January, in the year of our Lord
one thousand seven hundred and eighty-eight, and
of the independence of the United States the
twelfth. — In witness whereof we have hereunto
subscribed our names.
JOHN WEREAT, President,
And delegate for the county of Richmond.
County of Chatham,
EflBngham,
Burke,^
Richmond,
Wilkes,
Liberty,
Glynn.
Camden,
Washington,
W. Stephens,
Joseph Habersham.
Jenhim Davis,
N. Brownson.
Edward Telfair.
H. Todd.
William Few,
James M'Niel.
Geo. Matthews,
Flor. Sullivan,
John King.
James Powell,
John Elliot,
James Maxwell.
George Handley,
Christopher Hillary.
J. Milton.
Henry Osborn,
James Seagrove,
Jacob Weed.
Jared Irwin,
John Rutherfordc
m .-SUPPLEMENT.
County of GFcene. Robert Christmas.
Thomas Daniell,
R. Middleton.
MARYLAND.
In Convention of the Delegates of the People of the
State of Maryland. April 28, 1788.
We the delegates of the people of the state of Mary-
land, having fully considered the constitution of the
United States of America, reported to Congress by the
convention of deputies from the United States of Ame-
rica, held in Philadelphia, on the seventeenth day of
September, in the year seventeen hundred and eighty-
seven, of which the annexed is a copy, and submitted
to us by a resolution of the general assembly of Mary-
land, in November session, seventeen hundred and eigh-
ty-seven, do, for ourselves, and in the name and on the
behalf of the people of this state, assent to and ratify
the said constitution.
In witness whereof we have hereunto subscribed our
names.
GEO. PLATER, President.
Richard Barnes, Isaac Perkins,
Charles Chilton, William Granger.
N. Lewis Sewall, Joseph Wilkinson,
William Tilghman, Charles Graham,
Donaldson Yeates, John Chesley, jun.
SUPPLEMENT.
409
W. Smith,
G. R. Brown,
J. Parnham,
Zeph. Turner,
Michael Jenifer Stone,
R. Goldsborough, jun.
Edward Lloyd,
John Stevens,
George Gale,
Henry Waggaman,
John Stewart,
John Gale,
N. Hammond,
Daniel Sullivan,
James Shaw^,
Jos. Gilpin,
H. Hollingsworth,
James Gordon Heron,
Samuel Evans,
Fielder Bowie,
Osb. Sprigg,
Benjamin Hall,
George Digges,
Nicholas Carrole,
A. C. Hanson,
James Tilghman,
Attest.
Wm. Harwood, Clk.
John Seney,
James Hollyday,
William Hemsley,
Peter Chaille,
James Martin,
William Morris,
John Done,
Thomas Johnson,
Thomas S. Lee,
Richard Potts,
Abraham Few,
William Paca,
J. Richardson,
William Richardson,
Matt. Driver,
Peter Edmonson,
James M'Henry,
John Coulter,
Thomas Sprigg,
John Stall,
Moses Rawlings,
Henry Shryock,
Thomas Cramphin,
Richard Thomas,
William Deakins, jun.
Ben. Edwards.
STATE OF SOUTH CAROLINA.
In convention of the people of the state of Soutb
41t> .SUPPLEMENT.
Carolina, by their representatives, held in the city of
Charleston, on Monday, the twelfth day of May, and
continued by divers adjournments to Friday, the twen-
ly-thirdday of May, Anno Domini, one thousand seven
hundred and eighty-eight, and in the twelfth year of
the independence of the United States of America.
The convention having maturely considered the con-
stitution, or form of government, reported to Congress
by the convention of delegates from the United States
of America, and submitted to them by a resolution of
the legislature of this state, passed the seventeenth
and eighteenth days of February last, in order to form
a more perfect union, establish justice, ensure domes-
tick tranquillity, provide for the common defence, pro-
mote the general welfare, and secure the blessings af
liberty to the people of the said United States, and
their posterity — Do, in the name and behalf of the
people of this slate, hereby assent to, and ratify the
said constitution.
Done in convention, the twenty-third day of May,
in the year of our Lord one thousand seven hun-
dred and eighty-eight, and of the independence of
the United States of America the twelfth.
THOMAS PINCKNEY, President, [l. s.]
Attest.
John Sanford Dart, SecVy. [l. s.]
And whereas it is essential to the preservation ol
the rights reserved to the several states, and the free-
dom of the people, under the operations of a general
government, that the right of prescribing the manner^
time, and places of holding the elections to the fede-
SUPPLEMENT. 411
ral legislature, should be forever inseparably annexed
to the sovereignty of the several stales ; This conven-
tion doth declare, that the same ought to remain to all
posterity, a perpetual and fundamental right in the lo-
cal, t?xclusive of the interference of the general go-
vernment, except in cases where the legislatures of the
states shall refuse or neglect to perform and fulfil the
same, according to the tenor of the said constitution.
This convention doth also declare, that no section
or paragraph of the said constitution warrants a con-
struction that the states do not retain every power not
expressly relinquished by them, and vested in the ge-
neral government of the union.
Resolved, That the general government of the Unit-
ed States ought never to impose direct taxes, but where
the moneys arising from the duties, imposts and excise,
are insufficient for the publick exigencies, nor then
until Congress shall have made a requisition upon the
states to assess, levy, and pay their respective propor-
tions of such requisitions ; and in case any slate shall
neglect or refuse to pay its proportion, pursuant to
such requisition, then Congress may assess and levy
such stale's proportion, together with interest thereon,
at the rate of six per centum per annum, from the time
of payment prescribed by such requisition.
Resolved, That the third section of the sixth article
ought to be amended, by inserting the word "other,'-
between the words "no," and "religious."
Resolved, That it be a standing instruction to all
such delegates as may hereafter be elected to repre-
sent this stale in the general government, to exert their
utmost abilities and influence, to effect an alteration of
412 SUPPLEMENT.
the constitution, conformably to the aforegoing resolu-
tions.
Done in convention, the twenty-third day of May,
in the year of our Lord one thousand seven hun-
dred and eighty eight, and of the independence of
the United States of America the twelfth.
THOMAS PINCKNEY, President, [l. s.]
Attest.
John Sanford Dart, Sec'ry. [l. s.]
STATE OF NEW HAMPSHIRE.
In Convention of the Delegates of the People of the
Slate of New Hampshire. June the twenty-first,
1788.
The convention having impartially discussed, and
fully considered the constitution for the United States
of America, reported to Congress by the convention of
delegates from the United States of America, and sub-
mitted to us by a resolution of the general court of
said state, passed the fourteenth day of December last
past, and acknowledging with grateful hearts the good-
ness of the Supreme Ruler of the universe in afford-
ing the people of the United States, in the course of
his Providence, an opportunity, deliberately and
peaceably, without fraud or surprise, of entering into
an explicit and solemn compact with each other, by
assenting to and ratifying a new constitution, in order
SUPPLEMENT. 413
to form a more perfect union, establish justice, insure
domestick tranquillity, provide for the common defence,
promote the general welfare, and secure the blessings
of liberty to themselves and their posterity — Do, in the
name and behalf of the people of the state of New
Hampshire, assent to and ratify the said constitution,
for the United States of America. And as it is the
opinion of this convention, that certain amendments
and alterations in the said constitution, would remove
the fears and quiet the apprehensions of many of the
good people of this state, and more effectually guard
against an undue administration of the federal govern-
ment— The convention do therefore recommend, that
the following alterations and provisions be introduced
into the said constitution.
I. That it be explicitly declared that all powers not
expressly and particularly delegated by the aforesaid
constitution, are reserved to the several states to be by
them exercised.
ir. That there shall be one representative to every
thirty thousand persons, according to the census men-
tioned in the constitution, until the whole number of
representatives amount to two hundred.
III. That Congress do not exercise the powers vest-
ed in them by the fourth section of the first article, but
in cases when a state shall neglect or refuse to make
the regulations therein mentioned, or shall make regu-
lations subversive of the rights of the people to a free
and equal representation in Congress — Nor shall Con-
gress in any case make regulations contrary to a free
and equal representation.
IV. That Congress do not lay direct taxes but when
the money arising from impost, excise, and their other
4A4 SUPPLEMENT.
resources, are insufficient for the publick exigencies,
nor then, until Congress shall have first made a requi-
sition upon the states, to assess, levy and pay their re-
spective proportions of such requisition, agreeably to
the census fixed in the said constitution, in such way
and manner as the legislature of the state s^hall think
best ; and in such case, if any stale shall neglect, theji
Congress may assess and levy such state's proportion,
together with the interest thereon at the rate of six per
cent, per annum, from the time of payment, proscribed
in such requisition.
V. That Congress shall erect no company of mer-
chants with exclusive advantages of commerce.
VI. That no person shall be tried for any crime by
which he may incur an infamous punishment, or loss
of life, until he first be indicted by a grand jury, except
in such cases as may arise in the government and regu-
lation of (he land and naval forces.
VII. All common law cases between citizens of dif-
ferent states, shall be commenced iu the common law
courts of the respective states, and no appeal shall be
allowed to the federal court, in such cases, unless the
sum or value of the thing in controversy amount to
three thousand dollars.
VIII. In civil actions between citizens of different
states, every issue of fact arising in actions at com-
mon law, shall be tried by jury, if the parties or either
of them request it.
IX. Congress shall at no time consent that any pej-
son holding an office of trust or profit under the United
States, shall accept any title of nobility, or any other
title or office, from any king, prince, or foreign state.
X. That no standing army shall be kept up in time
SUPPLEMENT. 415
of peace, unless with the consent of three-fourths of
the members of each branch of Congress ; nor shall
soldiers in time of peace be quartered upon private
houses, without the consent of the owners.
XI. Congress shall make no laws touching religion,
or to infringe the rights of conscience.
XII. Congress shall never disarm any citizen, unless
such as are or have been in actual rebellion.
And the convention do, in the name and in behalf of
the people of this state, enjoin it upon their represen-
tatives in Congress, at all times until the alterations
and provisions aforesaid have been considered agreea-
bly to the fifth article of the said constitution, to exert
all their influence, and use all reasonable and legal me-
thods to obtain a ratification of the said alterations and
provisions, in such manner as is provided in the said
article.
And that the United States in Congress assembled
may have due notice of the assent and ratification of
the said constitution by this convention, it is Resolved^
That the assent and ratification aforesaid be engrossed
on parchment, together with the recommendation and
injunction aforesaid, and with this resolution ; and that
John Sullivan, Esq. president of the convention, and
John Langdon, Esq. president of the state, transmit
the same, countersigned by the secretary of conven-
tion, and the secretary of the state, under their hands
and seals, to the United States in Congress assem-
bled.
'JOHN SULLIVAN, Pres. of the Conv. [l. sJ
JOHN LANGDON, Pres. of the State, [l. s.]
By Order,
John Calf, Sec'ry of Convention.
Joseph Pfarson, Sec'rv of State.
41« SUPPLEMENT.
V IRGINIA, TO WIT :
We, the delegates of the people of Virginia, dul}^
elected in pursuance of a recommendation from the gene-
ral assembly, and now met in convention, having fully
and freely investigated and discussed the proceedings of
the federal convention, and being prepared as well as
the most mature deliberation hath enabled us to decide
thereon — Do, in the name and in behalf of the people
of Virginia, declare and make known, that the powers
granted under the constitution, being derived from the
people of the United States, may be resumed by them,
whensoever the same shall be perverted to their injury
or oppression, and that every power not granted there-
by, remains with them, and at their will : that there-
fore no right of any denomination, can be cancelled,
abridged, restrained, or modified, by the Congress, by
the senate, or house of representatives, acting in any
capacity, by the president, or any department, or offi-
cer of the United States, except in those instances in
which power is given by the constitution for those
purposes : and that among other essential rights, the
liberty of conscience, and of the press, cannot be can-
celled, abridged, restrained, or modified, by any autho-
iity of the United States. With these impressions,
with a solemn appeal to the Searcher of hearts, for the
purity of our intentions, and under the conviction that
whatsoever imperfections may exist in the constitution,
ought rather to be examined in the mode prescribed
therein, than to bring the union into danger, by a de-
lay, with a hope of obtaining amendments previous to
SUPPLEMENT. 417
the ratification— We the said delegates, in the name
and in behalf of the people of Virginia, do, by these
presents, assent to and ratify the constitution recom-
mended on the seventeenth day of September, one
thousand seven hundred and eighty-geven, by the federal
convention, for the government of the United States,
hereby announcing to all those whom it may concern,
that the said constitution is binding upon the said peo-
ple, according to an authentick copy hereto annexed,
in the words following. [See constitution.]
Done in convention, this twenty-sixth day of June,
one thousand seven hundred and eighty-eight.
By Order of the Convention.
EDM. PENDLETON, President, [l. s.]
VIRGINIA, TO WIT :
Subsequent Amendments agreed to in convention, as
necessary to the proposed constitution of government
for the United States, recommended to the considera-
tion of the Congress which shall first assemble under
the said constitution, to be acted upon according to
the mode prescribed in the fifth article thereof — vide-
licet :
That there be a declaration or bill of rights, assert-
ing and securing from encroachment, the essential and
unalienable rights of the people, in some such manner
as the following :
I. That there are certain natural rights, of which
men, when they form a social compact, cannot deprive
or divest their posterity, among which are the enjoy-
53
M SUPPLEMENT.
ment of life and liberty, with the means of acquiring,
possessing, and protecting property, and pursuing and
obtaining happiness and safety.
II. That all power is naturally vested in, and conse-
quently derived from the people ; that magistrates,
therefore, are their trustees and agents, and at all times
amenable to them.
III. That government ought to be instituted for the
common benefit, protection and security of the peo-
ple ; and that the doctrine of non-resistance against
arbitrary power and oppression, is absurd, slavish,
and destructive of the good and happiness of man-
kind.
IV. That no man or set of men are entitled to ex-
clusive or separate publick emoluments or privileges
from the community, but in consideration of publick
services, which not being descendible, neither ought
the offices of magistrate, legislator, or judge, or any
other publick office to be hereditary.
V. That the legislative, executive and judiciary
powers of government should be separate and distinct ;
and that the members of the two first may be restrain-
ed from oppression by feeling and participating the
publick burdens, they should, at fixed periods, be re-
duced to a private station, return into the mass of the
people, and the vacancies be supplied by certain and
regular elections ; in which all or any part of the for-
mer members to be eligible or ineligible, as the rules
of the constitution of government and the laws shall
direct.
VI. That elections of representatives in the legisla-
ture ought to l^e free and frequent, and all men having
sufficient evidence of permanent common interest, with
SUPPLEMENT. 419
an attachment to the community, ought to have the
right of suffrage : and no aid, charge, tax or fee can he
set, rated or levied upon the people without their own
consent, or that of their representatives so elected, nor
can they be bound by any law to which they have not
in like manner assented for the publick good.
VII. That all power of suspending laws, or the exe-
cution of laws, by any authority, without the consent
of the representatives of the people in the legislature,
is injurious to their rights, and ought not to be exercis^
ed.
VIII. That in all capital and criminal prosecutions,
a man hath a right to demand the cause and nature of
his accusation, to be confronted with the accusers and
witnesses, to call for evidence, and be allowed counsel
in his favour, and to a fair and speedy trial by an im-
partial jury of his vicinage, without whose unanimous
consent he cannot be found guilty, (except in the go-
vernment of the land and naval forces :) — nor can he
be compelled to give evidence against himself.
IX. That no freeman ought to be taken, imprisoned,
or disseized of his freehold, liberties, privileges, or
franchises, or outlawed, or exiled, or in any manner de-
stroyed or deprived of his life, liberty, or property,
but by the law of the land.
x. That every freeman restrained of his liberty, is
entitled^to a remedy, to inquire into the lawfulness
thereof, and to remove the same, if unlawful, and that
such remedy ought not to be denied nor delayed.
XI. That in controversies respecting property, and
in suits between man and man, the ancient trial by jury
is one of the greatest securities to the rights of the
people, and ought to remain sacred and inviolable.
426 SUPPLEMENT.
XH. That every freeman ought to find a certain re-
medy by recourse to the laws for all injuries and
wrongs he may receive in his person, property, or cha-
racter. He ought to obtain right and justice freely
without sale, completely and without denial, promptly
and without delay, and that all establishments or re-
gulations contravening these rights, are oppressive and
unjust.
XIII. That excessive bail ought not to be required,
nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
XIV. That every freeman has a right to be secure
from all unreasonable searches and seizures of his per-
son, his papers, and his property ; '' all warrants, there-
" fore, to search suspected places, or seize any free-
*' man, his papers, or property," without information
upon oath (or affirmation of a person religiously scrupu-
lous of taking an oath) of legal and sutiicient cause, are
griev ous and oppressive 5 and all general warrants to
search suspected places, or to apprehend any suspect-
ed person, without specially naming or describing the
place or person, are dangerous, and ought not to be
granted.
XV. That the people have a right peaceably to as-
semble together to consult for the common good, or to
instruct their representatives ; and that every freeman
has a right to petition or apply to the legislature for re-
dress of grievances.
XVI. That the people have a right to freedom of
speech, and of writing and publishing their sentiments ;
that the freedom of the press is one of the greatest
bulwarks of liberty, and ought not to be violated.
XVII. That the people have aright to keep and bear
SUPPLEMENT. 4^
arms ; that a well regulated militia, composed of the
body of the people, trained to arms, is the proper, na-
tural and safe defence of a free state. That standing
armies in time of peace are dangerous to liberty, and
therefore ought to be avoided, as far as the circum-
stances and protection of the community will admit;
and that in all cases the military should be under strict
subordination to and governed by the civil power.
xviii. That no soldier in time of peace ought to be
quartered in any house without the consent of the
owner, and in time of war in such manner only as the
laws direct.
XIX. That any person religiously scrupulous of bear-
ing arms, ought to be exempted, upon payment of an
equivalent to employ another to bear arms in his stead.
XX. That religion, or the duty w^hich we owe to our
Creator, and the manner of discharging it, can be di-
rected only by reason and conviction, not by force oi"
violence, and therefore all men have an equal, natural,
and unalienable right to the free exercise of religion,
according to the dictates of conscience, and fhat no
particular religious sect or society ought to be favour^
ed or established by law in preference to others.
AMENDMENTS TO THE BODY OF THE CONSTITUTION.
I. That each state in the union shall respectively
retain every power, jurisdiction, and right, w^hich is not
by this constitution delegated to the Congress of the
United States, or to the departments of the federal go-
vernment.
II. That there shall be one representative for every
thirty thousand, according to the enumeration or census
mentioned in the constitution, until the whole number
m SUPPLEMENT.
of representatives amounts to two hundred ; after which
that number shall be continued or increased as the Con-
gress shall direct, upon the principles fixed by the con-
stitution, by apportioning the representatives of each
state to some greater number of people, from lime to
time, as population increases,
III. When Congress shall lay direct taxes or exci-
ses, they shall, immediately, inform the executive
power of each state, of the quota of such state, ac-
cording to the census herein directed, which is pro-
posed to be thereby raised; and if the legislature of
any state shall pass a law which shall be effectual for
raising such quota at the time required by Congress,
the taxes and excises laid by Congress shall not be
collected in such state.
IV. That the members of the senate and house of
representatives shall be ineligible to, and incapable of
holding any civil office under the authority of the
United States, during the time for which they shall
respectively be elected.
V. That the journals of the proceedings of the
senate and house of representatives shall be published
at least once in every year, except such parts thereof,
relating to treaties, alliances, or military operations,
as, in their judgment, require secrecy.
VI. That a regular statement and account of the
receipts and expenditures of all publick money shall
be published at least once in every year.
VII. That no commercial treaty shall be ratified
without the concurrence of two thirds of the whole
number of the members of the senate ; and no treaty,
ceding, contracting, restraining or suspending the ter-
ritorial rights or claims of the United States, or any of
SUPPLEMENT. 4^
them, or their, or any of their rights or claims to fish-
ing in the American seas, or navigating the American
rivers, shall be but in cases of the most urgent and
extreme necessity, nor shall any such treaty be rati-
fied without the concurrence of three fourths of the
whole number of the members of both houses respec-
tively.
vni. That no navigation law, or law regulating
commerce, shall be passed without the consent of two
thirds of the members present in both houses.
IX. That no standing army or regular troops shall
be raised or kept up in time of peace, without the con-
sent of two-thirds of the members present in both
houses.
X. That no soldier shall be enlisted for any longer
term than four years, except in time of war, and then
for no longer term than the continuance of the war.
XI. That each state, respectively, shall have the
power to provide for organizing, arming and disciplin-
ing its own militia, whensoever Congress shall omit
or neglect to provide for the same. That the militia
shall not be subject to martial law, except when in
actual service, in time of war, invasion, or rebellion :
and, when not in the actual service of the United States,
shall be subject only to such fines, penalties and pun-
ishments as shall be directed or inflicted by the laws
of its own state.
XII. That the exclusive power of legislation given
to Congress over the federal town, and its adjacent dis-
trict, and other places, purchased or to be purchased
by Congress, or any of the states, shall extend only to
such regulations as respect the police and good govern-
ment thereof.
i24 .SUPPLEMENT.
XIII. That no person shall be capable of being
president of the United States for more than eight years
in any term of sixteen years.
XIV. That the judicial power of the United States
shall be vested in one supreme court, and in such
courts of admiralty as Congress may, from time to
time, ordain and establish in any of the different states.
The judicial power shall extend to all cases in law and
equity, arising under treaties made, or which shall be
made under the authority of the United States ; to all
cases affecting ambassadors, other foreign 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 ; and between parties claiming lands
under the grants of different states. In all cases affect-
ing ambassadors, other foreign ministers and consuls?
and those in which a state shall be a party, the su-
preme court shall have original jurisdiction ; in all
other cases before mentioned, the supreme court shall
have appellate jurisdiction as to matters of law only ;
except in cases of equity, and of admiralty and mari-
time jurisdiction, in which the supreme court shall
have apellate jurisdiction, both as to law and fact,
with such exceptions, and under such regulations as
the Congress shall make. But the judicial power of
the United States shall extend to no case where the
cause of action shall have originated before the rati-
fication of this constitution ; except in disputes be-
tween states about their territory, disputes between
persons claiming lands under the grants of different
states, and suits for debts due to the United States*
XV. That in criminal prosecutions no man shall be
SUPPLEMENT. 425
restrained in the exercise of the usual and accustomed
right of challenging or excepting to the jury.
XVI. That Congress shall not alter, modify, or in-
tjerfere in the times, places, or manner of holding elec-
tions for senators and representatives, or either of
them, except when the legislature of any state shall
neglect, refuse, or be disabled by invasion or rebellion,
to prescribe the same.
XVII. That those clauses which declare that Con-
gress shall not exercise certain powers be not inter-
preted in any manner whatsoever to extend tha powers
of Congress. But that they may be construed either
as making exceptions to the specified powers where
this shall be the case, or otherwise as inserted merely
for greater caution.
xviii. That the laws ascertaining the compensation
to senators and representatives for their services, be
postponed in their operation, until after the election of
representatives immediately succeeding the passing
thereof; that excepted, which shall first be passed on
the subject.
XIX. That some tribunal other than the senate be
provided for trying impeachments of senators.
XX. That the salary of a judge shall not be increas-
ed or diminished during his continuance in office,
otherwise than by general regulations of salary which
may take place on a revision of the subject at stated
periods of not less than seven years, to commence
from the time such salaries shall be first ascertained
by Congress. And the convention do, in the name
and behalf of the people of this commonwealth, enjoin
it upon their representatives in Congress, to exert all
the^r infiuence, and use all reasonable and legal
.4^8 SUPPLEMENT.
methods to obtain a ratification of the foregoing alte-
rations and provisions, in the manner provided by the
fifth article of the said constitution ; and in all con-
gressional laws to be passed in the mean time, t^-
conform to the spirit of those amendments as far as
the said constitution will admit.
Done in convention, this 27th day of June, in the
year of our Lord 1788.
By order of the convention.
EDM. PENDLETON, President, [l.s.]
STATE OF NEW YORK.
We, the delegates of the people of the state of New
York, duly elected and met in convention, having ma-
turely considered the constitution for the United States
of America, agreed to on the 17th day of September,
in the year 1787, by the convention then assembled at
Philadelphia, in the commonwealth of Pennsylvania,
(a copy whereof precedes these presents) and having
also seriously and deliberately considered the present
situation of the United States, do declare and make
known,
That all power is originally vested in and conse-
quently derived from the people, and that government
is instituted by them for their common interest, pro-
tection and securify^
That the enjoyment of life, liberty, and the pursuit
of happiness, are essential rights which every govern-
ment ought to respect and preserve.
That the powers of government may be re-assumed
SUPPLEMENT. 427
by the people, whensoever it shall become necessary
to their happiness ; that every power, jurisdiction and
right, which is not by the said constitution clearly
delegated to the Congress of the United States, or the
departments of the government thereof, remains to the
people of the several states, or to their respective state
governments, to whom they may have granted the
same ; and that those clauses in the said constitution,
which declare, that Congress shall not have or exer-
cise certain powers, do not imply that Congress is en-
titled to any powers not given by the said constitution :
but such clauses are to be construed either as excep-
tions to certain specified powers, or as inserted merely
for greater caution.
That the people have an equal, natural, and una-
lienable right, freely and peaceably to exercise their
religion, according to the dictates of conscience ; and
that no religious sect or society ought to be favoured
or established by law in preference of others.
That the people have a right to keep and bear arms ;
tbat a well regulated militia, including the body of the
people capable of bearing arms, is the proper, natural,
and safe defence of a free state.
That the militia should not be subject to martial
law, except in time of war, rebellion, or insurrection.
That standing armies in time of peace are danger-
ous to liberty, and ought not to be kept up, except in
cases of necessity, and that at all times the military
should be under strict subordination to the civil power.
That in time of peace no soldier ought to be quar-
tered in any house without the consent of the owner ;
and in lime of war, only by the civil magistrdte, in
such manner as the laws may direct.
4\28 SUPPLEMENT.
That no person ought to be taken, imprisoned or
disseized of bis freehold, or be exiled or deprived of
his privileges, franchises, life, liberty or property, but
by due process of law.
That no person ought to be put twice in jeopardy
of life or limb for one and the sanne offence, nor, un-
less in case of impeachment, be punished more than
once for the same offence.
That every person restrained of his liberty is en-
titled to an inquiry into the lawfulness of such restraint,
and to a removal thereof if unlawful, and that such in-
quiry and removal ought not to be denied or delayed,
except when, on account of puhlick danger, the Con-,
gress shall suspend the privilege of the writ of habeas
corpus.
That excessive bail ought not to be required ; nor
excessive fines imposed; nor cruel or unusual punish-
ments inflicted.
That (except in the government of the land and na-
val forces, and of the militia when in actual service,
and in cases of impeachment) a presentment or in-
dictment by a grand jury ought to be observed as a
necessary preliminary to the trial of all crimes cogniza-
ble by the judiciary of the United States: and such
trial should be speedy, publick, and by an impartial
jury of the county where the crime was committed : and
that no person can be found guilty without the unani-
mous consent of such jury. But in cases of crimes
not committed within any county of any of the United
States, and in cases of crimes committed within any
county in which a general insurrection may prevail, or
which may be in the possession of a foreign enemy, the
inquiry and trial may be in such county as the Con-
SUPPLEMENT. 429
gress shall by law direct ; which county in the two
cases last mentioned, should be as near as conveniently
may be to that county in which the crime may have been
committed. And that in all criminal prosecutions, the
accused ought to be informed of the cause and nature
of his accusation, to be confronted with his accusers
and the witnesses against him, to have the means of
producing his witnesses, and the assistance of counsel
for his defence, and should not be compelled to give
evidence against himself.
That the trial by jury in the extent that it obtains
by the common law of England, is one of the greatest
securities to the rights of a free people, and ought to
remain inviolate.
That every freeman has a right to be secure from all
unreasonable searches and seizures of his person, his
papers or his property ; and therefore, that all war-
rants to search suspected places, or seize any freeman,
his papers or property, without information upon oath
or affirmation, of sufficient cause, are grievous and op-
pressive ; and thafr all general warrants, (or such in
which the place or person suspected are not particu-
larly designated) are dangerous and ought not to be
granted.
That the people have a right peaceably to assemble
together to consult for their common good, or to in-
struct their representatives, and that every person has
a right to petition or apply to the legislature for re-
dress of grievances.
That the freedom of the press ought not to be vio-
lated or restrained.
That there should be once in four years, an election
of the president and vice president, so that no officer
430 SUPPLEMENT.
who may be appointed by the Congress to act as
president, in case of the removal, death, resignation or
inability of the president and vice president, can in
any case continue to act beyond the ternaination of the
period for which the last president and vice president
were elected.
That nothing contained in the said constitution is to
be construed to prevent the legislature of any state
from passing laws at its discretion, from time to time,
to divide such state into convenient districts, and to
apportion its representatives to, and amongst such dis-
tricts.
That the prohibition contained in the said constitu-
tion, against ex post facto laws, extends only to laws
concerning crimes.
That all appeals in causes, determinable according
to the course of the common law, ought to be by writ
of error, and not otherwise.
That the judicial power of the United States, in
cases in which a state may be a party, does not extend
to criminal prosecutions, or to authorize any suit by
any person against a state.
Thai the judicial power of the United States, as to
controversies between citizens of the same state, claim-
ing lands under grants of different states, is not to be
construed to extend to any other controversies between
them, except those which relate to such lands, so
claimed, under grants of different states.
That the jurisdiction of the supreme court of the
United States, or of any other court to be instituted
by the Congress, is not in any case to be increased,
enlarged, or extended, by any fiction, collusion or mere
SUPPLEMENT. 431
suggestion ; and that no treaty is to be construed, so
to operate, as to alter the constitution of any state.
Under these impressions, and declaring that the
rights aforesaid cannot be abridged or violated, and
that the explanations aforesaid are consistent with the
said constitution, and in confidence that the amend-
ments which shall have been proposed to the said con-
stitution, will receive an early and mature considera-
tion : We, the said delegates, in the name and in the
behalf of the people of the state of New York, do, by
these presents, assent to and ratify the said constitu-
tion. In full confidence, nevertheless, that until a con-
vention shall be called and convened for proposing
amendments to the said constitution, the militia of this
state will not be continued in service out of this state
for a longer term than six weeks, without the consent
of the legislature thereof; that the Congress will not
make or alter any regulation in this state, respecting
the times, places, and manner of holding elections for
senators or representatives, unless the legislature of
this state shall neglect or refuse to make laws or regu-
lations for the purpose, or from any circumstance be
incapable of making the same ; and that in those cases
such power will only be exercised until the legislature
of this state shall make provision in the premises ; that
no excise will be imposed on any article of the growth,
production or manufacture of the United States, or
any of them, within this state, ardent spirits excepted;
and that the Congress will not lay direct taxes within
this state, but when the moneys arising from the im-
post and excise shall be insufficient for the publick
exigencies, nor then, until Congress shall first have
made a requisition upon this state, to assess, levy and
432 SUPPLEVTENT.
pay the amount of such requisition, made agreeably tc
the census fixed in the said constitution, in such way
and manner as the legislature of this state shall judge
best ; but that in such case, if the state shall neglect
or refuse to pay its proportion, pursuant to such requi-
sition, then the Congress may assess and levy this
state's proportion, together with interest at the rate of
six per centum per annum, from the time at which the
same was required to be paid.
Done in convenlion, at Poughkeepsie, in the county
of Duchess, in the state of New York, the 26th day
of July, in the year of our Lord 1788.
By order of the convention.
GEO. CLINTON, President.
Attested. John M'Kesson,
Ab. B. Banker, Secretaries.
And the convenlion do, in the name and behalf of
the people of the state of New York, enjoin it upon
their representatives in the Congress, to exert all their
influence, and use ail reasonable means to obtain a rati-
fication of the following amendments to the said con-
stitution, in the manner prescribed therein ; and in all
laws to be pcissed by the Congress, in the mean time.
to conform to the spirit of the said amendments^ as far
as the constitution will admit.
That there shall be one representative for every thir-
ty thousand inhabitants, according to the enumeration
or census mentioned in (he constitution, until the whole
number of representatives anriounts to two hundred;
after which that number shall be continued or increas-
I
SUPPLEMENT. 433
ed, but not diminished, as Congress shall direct, and
according to such ratio as the Congress shall fix, in
conformity to the rule prescribed for the apportion-
ment of representatives and direct taxes.
That the Congress do not impose any excise on any
article (ardent spirits excepted) of the growth, pro-
duction or manufacture of the United States, or any
of them.
That Congress do not lay direct taxes, but when
the moneys arising from the impost and excise shall
be insufficient for the publick exigencies, nor then, un-
til Congress shall first have made a requisition upon the
states, to assess, levy and pay their respective propor-
tions of such requisition, agreeably to the census fixed
in the said constitution, in such way and manner as
the legislature of the respective states shall judge best-
and in such case, if any state shall neglect or refuse to
pay its proportion, pursuant to such requisition, then
Congress may assess and levy such state's proportion,
together with interest at the rate of six per centum
per annum, from the time of payment, prescribed in
such requisition.
That the Congress shall not make or alter any regu-
lation, in any state, respecting the times, places and
manner of holding elections for senators or represen-
tatives, unless the legislature of such state shall neg-
lect or refuse to make laws or regulations for the pur-
pose, or from any circumstance be incapable of mak-
ing the same, and then only, until the legislature of
such state shall make provision in the premises; pro-
vided that Congress may prescribe the lime for the
election of representatives.
434 SUPPLEMENT.
That no persons, except natural born citizensr or
such as were citizens on or before the 4th day of July^
] 776, or such as held commissions under the United
Slates during the war, and have at any time, since the
4th day of July, 1776, become citizens of one or other
of the United States, and who shall be freeholders^
shall be eligible to the places of president, vice presi-
dent, or members of either house of the Congress of
the United States.
That the Congress do not grant monopolies, or erect
any company, with exclusive advantages of commerce.
That no standing army or regular troops shall be
raised, or kept up in time of peace, without the con-
sent of two thirds of the senators and representatives
present in each house.
That no money be borrowed on the credit of the
United States, without the assent of two thirds of the
senators and representatives present in each house.
That the Congress shall not declare war, without
the concurrence of two thirds of the senators and rep-
resentatives present in each house.
That the privilege of the habeas corpus shall not by
any law be suspended for a longer term than six
months, or until twenty days after the meeting of the
Congress next following the passing the act for such
suspension.
That the right of the Congress to exercise exclusive
legislation over such district, not exceeding ten miles
square, as may by cession of a particular state, and
the acceptance of Congress, become the seat of the
government of the United States, shall not be so exer-
cised as to exempt the inhabitants of such district from
paying the like taxes, imposts, duties and excises, as
SUPPLEMENT. 43S
shall be imposed on the other inhabitants of the state
in which such district may be ; and that no person shall
be privileged within the said district from arrest for
crimes committed, or debts contracted out of the said
district.
That the right of exclusive legislation with respect
to such places as may be purchased for the erection
of forts, magazines, arsenals, dock yards, and other
needful buildings, shall not authorize the Congress to
make any law to prevent the laws of the states respec-
tively in which they may be, from extending to such
places in all civil and criminal matters, except as to
such persons as shall be in the service of the United
States ; nor to them with respect to crimes committed
without such places.
That the compensation for the senators and repre-
sentatives be ascertained by standing laws ; and that
no alteration of the existing rate of compensation shall
operate for the benefit of the representatives, until
after a subsequent election shall have been had.
That the journals of the Congress shall be published
at least once a year, with the exception of such parts
relating to treaties or military operations, as in the
judgment of either house shall require secrecy ; and
that both houses of Congress shall always keep their
doors open during their sessions, unless the business
may in their opinion require secrecy. That the yeas
and nays shall be entered on the journals whenever
two members in either house may require it.
That no capitation tax shall ever be laid by the
Congress.
That no person be eligible as a senator for more
than six years in any term of twelve years : and that
m SUPPLEMENT.
the legislatures of the respective states may recal their
senators or either of tliem, and elect others in their
stead, to serve the remainder of the time for which the
senators so recalled were appointed.
That no senator or representative shall, during the
time for which he was elected, be appointed to any
office under the authority of the United State s.
That the authority given to the executives of the
states to fill the vacancies of senators be abolished,
and that such vacancies be filled by the respective
legislatures.
That the power of Congress to pass uniform laws
concerning bankruptcy, shall only extend to merchants
and other traders ; and that the states respectively may
pass laws for the relief of other insolvent debtors.
That no person shall be eligible to the office of pre-
sident of the United States, a third time.
That the executive shall not grant pardons for trea-
son, unless with the consent of the Congress ; but may,
at his discretion, grant reprieves to persons convicted of
treason, until their cases can be laid before the Con-
gress.
That the president, or person exercising his powers
for the time being, shall not command an army in the
field in person, without the previous desire of the Con-
gress.
That all letters patent, commissions, pardons, writs
and process of the United States, shall run in the name
of the people of the United States, and be tested in
the name of the president of the United States, or the
person exercising his powers for the time being, or the
first judge of the court out of which the same shall
issue, as the case may be.
4
SUPPLEMENT. 437
That the Congress shall not constitute, ordain, or
establish any tribunals or inferior courts, with any
other than appellate jurisdiction, except such as may
be necessary for the trial of causes of admiralty, and
maritime jurisdiction, and for the trial of piracies and
felonies committed on the high seas ; and in all other
cases, to which the judicial power of the United States
extends, and in which the supreme court of the United
States has not original jurisdiction, the causes shall be
heard, tried, and determined, in some one of the state
courts, with the right of appeal to the supreme court
of the United States, or other proper tribunal, to be
established for that purpose, by the Congress, with
such exceptions, and under such regulations as the
Congress shall make.
That the court for the trial of impeachments shall
consist of the senate, the judges of the supreme court
of the United States, and the first or senior judge, for
the time being, of the highest court of general and or-
dinary common law jurisdiction in each state ; that the
Congress shall, by standing laws, designate the courts
in the respective states answering this description, and
in states having no courts exactly answering this des-
cription, shall designate some other court, preferring
such, if any there be, whose judge or judges may hold
their places during good behaviour : provided that no
more than one judge, other than judges of the su-
preme court of the United States, shall come from one
state.
That the Congress be authorized to pass laws for
compensating the judges for such services, and for
compelling their attendance ; and that a majority at
least of the said judges shall be requisite to consti-
tute the said court. That no person impeached shall
438 SUPPLEMENT.
sit as a member thereof; that each member shall, pre-
vious to the entering upon any trial, take an oath or
affirmation, honestly and impartially to hear and deter-
mine the cause; and that a majority of the members
present shall be necessary to a conviction.
That persons aggrieved by any judgment, sentence
or decree of the supreme court of the United States in
any cause in which that court has original jurisdic-
tion, with such exceptions and under such regulations
as the Congress shall make concerning the same, shall
upon application, have a commission, to be issued by
the president of the United States, to such men learned
in the law as he shall nominate, and by and with the
advice and consent of the senate appoint not less than
seven, authorizing such commissioners, or any seven or
more of them, to correct the errors in such judgment,
or to review such sentence, and decree as the case may
be, and to do justice to the parties in the premises.
That no judge of the supreme court of the United
States shall hold any other office under the United
States, or any of them.
That the judicial power of the United States shall
extend to no controversies respecting land, unless it
relate to claims of territory or jurisdiction between
states, or to claims of land between individuals, or be-
tween states and individuals under the grants of dif-
ferent states.
That the militia of any state shall not be compelled
to serve without the limits of the state for a longer term
than six weeks, without the consent of the legislature
thereof.
That the words without the consent of the Congress^
in the seventh clause of the ninth section of the first
article of the constitution be expunged.
SUPPLEiMENT. 439
That the senators and representatives, and all execu-
tive and judicial officers of the United States, shall be
bound by oath or affirmation not to infringe or violate
the constitutions or rights of the respective states.
That the legislatures of the respective states may
make provision by law, that the electors of the elec-
tion districts, to be by them appointed, shall choose a
citizen of the United States, who shall have been an
inhabitant of such district for the term of one year im-
mediately preceding the time of his election, for one
of the representatives of such state.
Done in convention, at Poughkeepsie, in the county
of Duchess, in the state of New York, the 26tli
day of July, in the year of our Lord 1788.
By order of the convention.
GEO. CLINTON, President.
Attested. John M'Kesson,
Ab. B. Banker, Secretaries.
STATE OF NORTH CAROLINA.
In Convention, August 1, 1788.
Resolved, That a declaration of rights, asserting
and securing from encroachment the great principles
of civil and religious li{>crty, and the unalienable rights
of the people, together with amendments to the most
ambiguous and exceptionable parts of the said consti-
tution of government, ought to be laid before Congress,
and the convention of the states that shall or may be
called for the purpose of amending the said constitu-
440 SUPPLEMENT.
tioD, for their consideration, previous to the ratifies-
ation of the constitution aforesaid, on the part of the
state of North Carolina.
DECLARATION OF RIGHTS.
I. That there are certain natural rights of which
men, when they form a social compact, cannot deprive
or divest their posterity, among which are the enjoy-
ment of life and liberty, with the means of acquiring,
possessing, and protecting property, and pursuing and
obtaining happiness and safety.
II. That all power is naturally vested in, and con-
sequently derived from the people ; that magistrates
therefore are their trustees and agents, and at all times
amenable to them.
III. That government ought to be instituted for the
common benefit, protection, and security of the people ;
and that the doctrine of non-resistance against arbi-
trary power and oppression is absurd, slavish, and de-
structive to the good and happiness of mankind.
IV. That no man or set of men, are entitled to ex-
clusive or separate publick emoluments or privileges
from the community, but in consideration of publick
services ; which not being descendible, neither ought
the offices of magistrate, legislator, or judge, or any
other publick office, to be hereditary.
v. That the legislative, executive and judiciary
powers of government should be separate and distinct,
and that the members of the two first may be restrained
from oppression, by feeling and participating the pub-
lick burdens, they should, at fixed periods, be reduced
to a private station, return into the mass of the people 5
and the vacancies be supplied by certain and regular
elections ; in which all or any part of the former
SUPPLEMENT. 441
members to be eligible or ineligible, as the rules of the
constitution of government, and the laws shall direct.
VI. That elections of representatives in the legis-
lature ought to be free and frequent, and all men hav-
ing sufficient evidence of permanent common interest
with, and attachment to the community, ought (o have
the right of suffrage; and no aid, charge, tax or fee,
can be set, rated or levied upon the people without
their own consent, or that of their representatives, so
elected, nor can ihey be bound by any law, to which
they have not in like manner assented for the publick
good.
VII. That all power of suspending laws, or the exe-
cution of laws, by any authority without the consent
of the representatives of the people in the legislature,
is injurious to their rights, and ought not to be exer-
cised.
VIII. That in all capital and criminal prosecutions,
a man hath a right to demand the cause and nature
of his accusation, to be confronted with the accusers
and witnesses, to call for evidence, and be allowed
counsel in his favour, and to a fair and speedy trial by
an impartial jury of his vicinage, without whose unani-
mous consent he cannot be found guilty, (except in
the government of the land and naval forces) nor can
he be compelled to give evidence against himself.
IX. That no freeman ought to be taken, imprisoned,
or disseized of his freehold, liberties, privileges or
franchises, or outlawed or exiled, or in any manner
destroyed or deprived of his life, liberty or property^
but by the law of the land.
X. That every freeman restrained of his liberty, is
entitled to a remedy to inquire into the lawfulness
66
4« SUPPLEMENT.
thereof, and to remove the same, if unlawful, and thai
such remedy ought not to be denied nor delayed,
XI. That in controversies respecting property, and
in suits between man and man, the ancient trial by
jury is one of the greatest securities to the rights of
the people, and ought to remain sacred and inviolable.
XII. That every freeman ought to find a certain
remedy by recourse to the laws for all injuries and
wrongs he may receive in person, property or charac-
ter. He ought to obtain right and justice freely and
without sale, completely and without denial, promptly
and without delay, and that all establishments, or regu-
lations contravening these rights, are oppressive and
unjust.
XIII. That excessive bail ought not be required,
nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
XIV. That every freeman has a right to be secure
from all unreasonable searches and seizures of his per-
son, his papers, and property ; all warrants therefore
to search suspected places, or seize any freeman, his
papers or property, without information upon oath (or
affirmation of a person religiously scrupulous of taking
an oath) of legal and sufficient cause, are grievous
and oppressive, and all general warrants to search
suspected places, or to apprehend any suspected per-
son without specially naming or describing the place
or person, are dangerous, and ought not to be granted.
XV. That the people have a right peaceably to as-
semble together to consult for the common good, or to
instruct their representatives; and that every freeman
has a right to petition or apply to the legislature for
redress of grievances.
SUPPLEMENT. 443
XVI. That the people have a right to freedom of
speech, and of writing and publishing their sentiments ;
that the freedom of the press is one of the greatest
bulwarks of liberty, and ought not to be violated.
XVII. That the people have a right to keep and
bear arms ; that a well regulated militia, composed of
the body of the people, trained to arms, is the proper,
natural, and safe defence of a free state. That stand-
ing armies in time of peace are dangerous to liberty,
and therefore ought to be avoided, as far as the cir-
cumstances and protection of the community will ad-
mit ; and that in all cases the military should be under
strict subordination to, and governed by the civil
power.
XVIII. That no soldier in time of peace ought to be
quartered in any house without the consent of the
owner, and in time of war in such manner as the law
directs.
XIX. That any person religiously scrupulous of
bearing arms ought to be exempted upon payment of
an equivalent to employ another to bear arms in his
stead.
XX. That religion, or the duty which we owe to our
Creator, and the manner of discharging it, can be di-
rected only by reason and conviction, not by force or
violence, and therefore all men have an equal, natural
and unalienable right, to the free exercise of religion,
according to the dictates of conscience, and that no
particular religious sect or society ought to be favoured
or established by law in preference to others*
444 SUPPLEMENT.
AMENDMENTS TO THE CONSTITUTION.
I. That each state in the union shall, respectively,
retain every power, jurisdiction and right, which is not
by this constitution delegated to the Congress of the
United States, or to the departments of the federal
government.
II. That there shall be one representative for every
thirty thousand, accordingUo the enumeration or census
mentioned in the constitution, until the whole number
of representatives amounts to two hundred, after which,
that number shall be continued or increased, as Con-
gress shall direct, upon the principles fixed in the
constitution, by apportioning the representatives of
each state to some greater number of people, from
time to time, as population increases.
III. When Congress shall lay direct taxes or ex-
cises, they shall immediately inform the executive
power of each state, of the quota of such state, accord-
ing to the census herein directed, which is proposed
to be thereby raised : and if the legislature of any state
shall pass a law, which shall be effectual for raising
such quota at the time required by Congress, the taxes
and excises laid by Congress shall not be collected in
such state.
IV. That the members of the senate and house of
representatives shall be ineligible to, and incapable of
holding any civil office under the authority of the
United States, during the time for which they shall
respectively be elected.
V. That the journals of the proceedings of the senate
and house of representatives shall be published at
least once in every year, except such parts thereof
SUPPLEMENT. 445
relating to treaties, alliances, or military operations, as
in their judgment require secrecy.
VI. That a regular statement and account of the
receipts and expenditures of the publick money shall
be published at least once in every year.
VII. That no commercial treaty shall be ratified
without the concurrence of two-thirds of the whole
number of the members of the senate : and no treaty,
ceding, contracting, or restraining or suspending the
territorial rights or claims of the United States, or
any of them, or their, or any of their rights or claims
to fishing in the American seas, or navigating the Ame-
rican rivers, shall be made, but in cases of the most
urgent and extreme necessity ; nor shall any such trea-
ty be ratified without the concurrence of three-fourths
of the whole number of the members of both houses
respectively.
VIII. That no navigation law, or law regulating
commerce, shall be passed without the consent of two-
thirds of the members present in both houses.
IX. That no standing army or regular troops shall
be raised or kept up in time of peace, without the con-
sent of two- thirds of the members present in both
houses.
X. That no soldier shall be enlisted for any longer
term than four years, except in time of war, and then
for no longer term than the continuance of the war.
XI. That each state, respectively, shall have the
power to provide for organizing, arming and disciplin-
ing its^own militia, whensoever Congress shall omit or
neglect to provide for the same. That the militia shall
not be subject to martial law, except when in actual
service in time of war, invasion or rebellion : and
when not in the actual service of the United States,
446 SUPPLEMENT.
shall be subject only to such fines, penalties and pun-
ishments, as shall be directed or inflicted by the laws
of its own state.
XII. That Congress shall not declare any state to
be in rebellion without the consent of at least two-
thirds of all the members present of both houses.
XIII. That the exclusive power of legislation given
to Congress over the federal town and its adjacent
district, and other places, purchased or to be purchas-
ed by Congress, of any of the states, shall extend only
to such regulations as respect the police and good
government thereof.
XIV. That no person shall be capable of being
president of the United States for more than eight
years in any term of sixteen years.
XV. That the judicial power of the United States
shall be vested in one supreme court, and in such courts
of admiralty, as Congress may, from time to time, or-
dain and establish in any of the different states. The
judicial power shall extend to all cases in law and
equity, arising under treaties made, or which shall be
made under the authority of the United States ; to all
cases atfecting ambassadors, other loreign 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, and between parties claiming lands
under the grants of different states. In all cases af-
fecting ambassadors, other foreign ministers and con-
suls, 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 as to matters of law only.
SUPPLEMENT. 447
except in cases of equity, and of admiralty and mari-
time jurisdiction, in which 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. But the judicial power of the
United States shall extend to no case where the cause
of action shall have originated before the ratification
of this constitution, except in disputes between states
about their territory, disputes between persons claim-
ing lands under the grants of different states, and suits
for debts due to the United States.
XVI. That in criminal prosecutions, no man shall be
restrained in the exercise of the usual and accustomed
right of challenging or excepting to the jury.
xvu. That Congress shall not alter, modify, or in-
terfere in the times, places, or manner of holding elec-
tions for senators and representatives, or either of them,,
except when the legislature of any state shall neglect,
refuse or be disabled, by invasion or rebellion, to pre-
scribe the same.
xvm. That those clauses which declare that Con-
gress shall not exercise certain powers, be not inter-
preted in any manner whatsoever to extend the powers
of Congress ; but that they be construed either as
making exceptions to the specified powers where this
shall be the case, or otherwise, as inserted merely for
greater caution.
XIX. That the laws ascertaining the compensation
of senators and representatives for their services, be
postponed in their operation, until after the election of
representatives immediately succeeding the passing
thereof, that excepted, which shall first be passed on
the subject.
448 SUPPLEMENT.
XX. That some tribunal, other than the senate, be
provided for trying impeachments of senators.
XXI. That the salary of a judge shall not be in-
creased or diminished during his continuance in office,
otherwise than by general regulations of salary which
may take place, on a revision of the subject, at stated
periods of not less than seven years, to commence
from the time such salaries shall be first ascertained
by Congress.
XXII. That Congress erect no company of mer-
chants with exclusive advantages of commerce.
XXIII. That no treaties which shall be directly op-
posed to the existing laws of the United States in Con-
gress assembled, shall be valid until such laws shal*
be repealed, or made conformable to such treaty ; nor
. shall any treaty be valid which is contradictory to the
constitution of the United States.
XXIV. That the latter part of the fifth paragraph of
the ninth section of the first article be altered to read
thus : " Nor shall vessels bound to a particular state
*' be obliged to enter or pay duties in any other ; nor
" when bound from any one of the states be obliged
" to clear in another."
XXV. That Congress shall not directly or indirectly,
either by themselves or through the judiciary, inter-
fere with any one of the states in the redemption of
paper money already emitted and now in circulation,
or in liquidating and discharging the publick securities
of any one of the states : but each and every state
shall have the exclusive right of making such laws and
regulations for the above purpose, as they shall think
proper.
SUPPLEMENT. 440
XXVI. That Congress shall not introduce foreign
troops into the United States, without the consent of
two-thirds of the members present of both houses.
SAM. JOHNSTON, President.
By Order.
J. Hunt, Secretary.
The above are the proceedings of the conventions of the
twelve states, which had been represented in the general con-
vention. The ratification of New Hampshire, being the ninth
in order, was received by Congress on the 2d of July, 1788
The following is an extract from their journal of that day.
UNITED STATES IN CONGRESS ASSEMBLED.
WEDNESDAY, JULY 2, 1778.
The state of New Hampshire having ratified the con-
stitution transmitted to them by the act of the 28th of
September last, and transmitted to Congress their rati-
fication, and the same being read, the president re-
minded Congress that this was the ninth ratification
transmitted and laid before them ; whereupon.
On motion of Mr. Clarke, seconded by Mr. Ed-
wards,
Ordered, That the ratifications of the constitution
of the United States, transmitted to Congress, be re-
ferred to a committee to examine the same, and report
an act to Congress for putting the said constitution
into operation, in pursuance of the resolutions of the
late federal convention.
On the question to agree to this order, the yeas aqd
nays being required by Mr. Yates ;
New Hampshire, Mr. Oilman,
Mr. Wingate.
57
ayV
430
SUPPLEMENT.
Massachusetts,
Rhode Island,
Connecticut,
New York,
New Jersey,
Pennsylvania,
Maryland,
Virginia,
South Carolina,
Georgia,
So it passed in the
Mr. Dane,
Mr. Otis,
Mr. Arnold,
Mr. Hazard,
Mr. Huntington,
Mr. Edwards,
Mr. L'Horamedieu,
Mr. Yates,
Mr. Clarke,
Mr. Elmer,
Mr. Dayton,
Mr. Bingham,
Mr. Read,
Mr. Contee,
Mr. Griffin,
Mr. Carrington,
Mr. Brown,
Mr. Huger,
Mr. Parker,
Mr. Tucker,
Mr. Few,
Mr. Baldwin,
affirmative.
excused.
ay
ay
ay
On the 14th of July, 1788, the committee reported an
act for putting the constitution into operation, which was de-
bated until the 13th of September of the same year, when the
following resolution was adopted.
Whereas the convention assembled in Philadel-
phia, pursuant to the resolution of Congress of the
21st of February, 1787, did, on the 17th of Septem-
ber, in the same year, report to the United States in
Congress assembled, a constitution for the people of
SUPPLEMENT. 451
the United States ; whereupon Congress, on the 28th
of the same September, did resolve unanimously.
" That the said report, with the resolutions and letter
*' accompanying the same, be transmitted to the seve-
" ral legislatures, in order to be submitted to a con-
" vention of delegates, chosen in each state by the
" people thereof, in conformity to the resolves of the
" convention made and provided in that case:" and
whereas the constitution so reported by the convention,
and by Congress transmitted to the several legislatures,
has been ratified in the manner therein declared to be
sufficient for the establishment of the same, and such
ratifications, duly authenticated, have been received
by Congress, and are filed in the office of the secretary 5
therefore.
Resolved, That the first Wednesday in January next,
be the day for appointing electors in the several states,
which, before the said day, shall have ratified the said
constitution ; that the first Wednesday in February
next, be the day for the electors to assemble in their
respective states, and vote for a president ; and that
the first Wednesday in March next, be the time, and
the present seat of Congress the place for commenc-
ing proceedings under the said constitution.
The elections in the several states were held conformably
to the above resolution ; on Wednesday, the 4th of March,
1789, proceedings commenced under the constitution ; and on
the 30th of April, of the same year, George Washington^
elected by the unanimous suffrage of the electors, was inau-
gurated as president of the United States.
On the 11th of January, 1790, the following ratification of
the constitution by the state of North Carolina, was communi-
cated by president Washington to both houses of Congress.
Oi SUPPLEMENT.
STATE OF NORTH CAROLINA.
IN CONVENTION.
Whereas the general convention which met in Phi-
ladelphia, in pursuance of a recommendation of Con-
gress, did recommend to the citizens of the United
States, a constitution or form of government in the fol-
lowing words, namely,
" We the people," &;c.
[Here follows the constitution of the United States,
verbatim.]
Resolved, That this convention, in behalf of the free-
men, citizens and inhabitants of the state of North Ca-
rolina, do adopt and ratify the said constitution and
form of government.
Done in convention this twenty-first day of Novem-
ber, one thousand seven hundred and eighty-nine.
(Signed) SAMUEL JOHNSTON,
President of the Convention.
*^J. Hunt,
James Taylor, Secretaries.
On the 16th of June, 1790, the following ratification by
the state of Rhode Island was communicated to Congress.
RHODE ISLAND.
PThe Constitution of the United States of America precedes the follow-
ing Ratification.]
Ratification of the Constitution by the Convention of
the State of Rhode Island and Providence Planta-
tions.
We, the delegates of the people of the state of Rhode
SUPPLEMENT. ISS
Island and Providence Plantations, duly elected and
met in convention, having maturely considered the
constitution for the United States of America, agreed
to op the seventeenth day of September, in the year
one thousand seven hundred and eighty-seven, by the
convention then assembled at Philadelphia, in the
commonwealth of Pennsylvania, (a copy whereof pre-
cedes these presents ;) and having also seriously and
deliberately considered the present situation of this
state, do declare and make known,
I. That there are certain natural rights, of which
men, when they form a social compact, cannot deprive
or divest their posterity, among which are the enjoy-
ment of life and liberty, with the means of acquiring,
possessing and protecting property, and pursuing and
obtaining happiness and safety.
II. That all power is naturally vested in, and conse-
quently derived from the people ; that magistrates,
therefore, are their trustees and agents, and at all times
amenable to them.
III. That the powers of government may be re-as-
sumed by the people, whensoever it shall become ne-
cessary to their happiness. That the rights of the
states respectively to nominate and appoint all state
officers, and every other power, jurisdiction and right,
which is not by the said constitution clearly delegated
to the Congress of the United States, or to the depart-
ments of government thereof, remain to the people of
the several states or their respective state govern-
ments, to whom they may have granted the same ; and
that those clauses in the said constitution which de-
clare that Congress shall not have or exercise certain
454 SUPPLEMENT.
powers, do not imply that Congress is entitled to any
powers not given by the said constitution ; but such
clauses are to be construed as exceptions to certain
specified powers, or as inserted merely for greater
caution.
IV. That religion, or the duty which we owe to our
Creator, and the manner of discharging it, can be di-
rected only by reason and conviction, and not by force
or violence, and therefore all men have an equal, natu-
ral and unalienable right to the exercise of religion, ac-
cording to the dictates of conscience ; and that no
particular religious sect or society ought to be favour-
ed or established, by law, in preference to others.
V. That the legislative, executive, and judiciary
powers of government should be separate and distinct ;
and that the members of the two first may be restrain-
ed from oppression, by feeling and participating the
publick burdens, they should at fixed periods be re-
duced to a private station, return into the mass of the
people, and the vacancies be supplied by certain and
regular elections, in which all or any part of the former
members to be eligible, or ineligible, as the rules of the
constitution of government and the laws shall direct.
VI. That elections of representatives in legislature
ought to be free and frequent, and all men having suffi-
cient evidence of permanent common interest with,
and attachment to the community, ought to have the
right of suffrage ; and no aid, charge, tax or fee, can
be set, rated or levied upon the people without their
own consent, or that of their representatives so elect-
ed, nor can they be bound by any law to which they
have not in like manner consented for the publick
good.
SUPPLEMENT. 465'
VII. That all power of suspending laws, or the exe-
cution of laws, by any authority, without the consent
of the representatives of the people in the legislature,
is injurious to their rights, and ought not to be exer-
cised.
VIII. That ill all capital and criminal prosecutions^
a man hath a right to demand the cause and nature of
his accusation, to be confronted with the accusers and
witnesses, to call for evidence and be allowed counsel
in his favour, and to a fair and speedy trial by an im-
partial jury of his vicinage, without whose unanimous
consent he cannot be found guilty, (except in the go-
vernment of the land and naval forces) nor can he be
compelled to give evidence against himself.
IX. That no freeman ought to be taken, imprison-
ed or disseized of his freehold, liberties, privileges or
franchises, or outlawed, or exiled, or in any manner
destroyed or deprived of his life, liberty or property,
but by the trial by jury, or by the law of the land.
X. That every freeman restrained of his liberty, is
entitled to a remedy, to enquire into the lawfulness
thereof, and to remove the same if unlawful, and that
such remedy ought not to be denied or delayed.
XI. That in controversies respecting property, and
in suits between man and man, the ancient trial by
jury, as hath been exercised by us and our ancestors,
from the time whereof the memory of man is not to the
contrary, is one of the greatest securities to the rights
of the people, and ought to remain sacred and in-
violable.
XII. That every freeman ought to obtain right and
justice, freely and without salc; completely and without
456 tJUPPLEMENT.
denial, promptly and without delay ; and that all estab-
lishments or regulations contravening these rights are
oppressive and unjust.
XIII. That excessive bail ought not to be required,
nor excessive fines imposed, nor cruel or unusual punish-
ments inflicted.
XIV. That every person has a right to be secure
from all unreasonable searches and seizures of his
person, his papers or his property ; and therefore, that
all warrants to search suspected places, or seize any
person, his papers or his property, without information
upon oath or affirmation of sufficient cause, are grievous
and oppressive; and that all general warrants (or such
in which the place or person suspected are not parti-
cularly designated) are dangerous, and ought not to be
granted.
XV. That the people have a right peaceably to as-
semble together to consult for their common good, or
to instruct their representatives ; and that every per-
son has a right to petition or apply to the legislature for
redress of grievances.
XVI. That the people have a right to freedom of
speech, and of writing and publishing their sentiments.
That freedom of the press is one of the greatest bul-
warks of liberty, and ought not to be violated.
xvii. That the people have a right to keep and bear
arms : that a well regulated militia, including the body
of the people capable of bearing arms, is the proper,
natural, and safe defence of a free state ; that the mili-
tia shall not be subject to martial law, except in time of
v/ar, rebellion or insurrection ; that standing armies in
time of peace, are dangerous to liberty, and ought not
SUPPLEMENT. 457
To be kept up, except in cases of necessity ; and that
at all times the military should be under strict subordi-
nation to the civil power ; that in time of peace no sol-
dier ought to be quartered in any house without the con-
sent of the owner, and in time of war only by the civil
magistrate in such manner as the law directs.
xviii. That any person religiously scrupulous of
bearing arm«, ought to be exempted upon payment of
an equivalent to employ another to bear arms in his
stead.
Under these impressions, and declaring that the
rights aforesaid cannot be abridged or violated, and
that the explanations aforesaid are consistent with the
said constitution, and in confidence that the amend-
ments hereafter mentioned will receive an early and
mature consideration, and conformably to the fifth arti-
cle of said constitution, speedily become a part there-
of— We the said delegates, in the name and in the be-
half of the people of the state of Rhode Island and
Providence Plantations, do by these presents assent to
and ratify the said constitution. — In full confidence,
nevertheless, that until the amendments hereafter pro-
posed and undermentioned, shall be agreed to and rati-
fied, pursuant to the aforesaid fifth article, the militia
of this state will not be continued in service out of this
state for a longer term than six weeks, without the
consent of the legislature thereof; that the Congress
will not make or alter any regulation in this state re-
specting the times, places, and manner of holding elec-
tions for senators or representatives, unless the legis-
lature of this state shall neglect or refuse to make laws
or regulations for the purpose, or from any circum-
4SiS SUPPLEMENT.
Stance be incapable of making the same, and that in
those cases such power will only be exercised until the
legislature of this state shall make provision in the
premises; that the Congress will not lay direct taxes
within this state, but when the moneys arising from the
impost, tormage and excise, shall be insufficient for the
publick exigencies, nor until the Congress shall have
first made a requisition upon this state to assess, levy,
and pay the amount of such requisition made agreeable
to the census fixed in the said constitution, in such way
and manner as the legislature of this state shall judge
best, and that the Congress will not lay any capitation
or poll tax.
Done in convention at Newport, in the county of
Newport, in the state of Rhode Island and Provi-
dence Plantations, the twenty-ninth day of May.
in the year of our Lord one thousand seven hun-
dred and ninety, and in the fourteenth year of the
independence of the United States of America.
By order of the convention.
(Signed) DANIEL OWEN, President.
Attest. Daniel Updike, Sec'ry.
And the convention do, in the name and behalf ol
the people of the state of Rhode Island and Providence
Plantations, enjoin it upon their senators and represen-
tative or representatives which may be elected to re-
present this stale in Congress, to exert all their influ-
ence and use all reasonable means to obtain a ratifica-
tion of the following amendments to the said constitu-
SUPPLEMENT. ^^
lion, in the manner prescribed therein, and in all laws
to be passed by the Congress in the mean time, to con-
form to the spirit of the said amendments, as far as the
constitution will admit.
AMENDMENTS.
I. The United States shall guarantee to each state
its sovereignty, freedom, and independence, and every
power, jurisdiction and right, which is not by this con-
stitution expressly delegated to the United States.
II. That Congress shall not alter, modify, or inter-
fere in the times, places or manner of holding elections
for senators and representatives, or either of them, ex-
cept when the legislature of any state shall neglect,
refuse, or be disabled by invasion or rebellion, to pre-
scribe the same, or in case when the provision made
by the state is so imperfect as that no consequent
election is had, and then only until the legislature of
such state shall make provision in the premises.
III. It is declared by the convention, that the judi-
cial power of the United States, in cases in which a
state may be a party, does not extend to criminal pro-
secutions, or to authorize any suit by any person against
a state : but to remove all doubts or controversies
respecting the same, that it be especially expressed as
a part of the constitution of the United States, that
Congress shall not directly or indirectly, either by
themselves, or through the judiciary, interfere with any
one of the states, in the redemption of paper money
already emitted, and now in circulation, or in liquidat-
ing or discharging the publick securities of any one
state ; that each and every state shall have the exclu-
460 SUPPLEMENT.
sive right of making such laws and regulations for the
before mentioned purpose as they shall think proper.
IV. That no amendments to the constitution of the
United States, hereafter to he made pursuant to the
fifth article, shall take eflfect, or become a part of the
constitution of the United States, after the year one
thousand seven hundred and ninety-three, without the
consent of eleven of the states heretofore united under
the confederation.
V. That the judicial powers of the United States
shall extend to no possible case where the cause of
action shall have originated before the ratification of
this constitution ; except in disputes between states
about their territory, disputes between persons claim-
ing lands under grants of different states, and debts due
to the United States.
VI. That no person shall be compelled to do milita-
ry duty otherwise than by voluntary enlistment, except
in cases of general invasion; any thing in the second
paragraph of the sixth article of the constitution, or
any law made under the constitution, to the contrary,
notwithstanding.
VII. That no capitation or poll tax shall ever be laid
by Congress.
VIII. In cases of direct taxes, Congress shall first
make requisitions on the several states to assess, levy
and pay their respective proportions of such requisi-
tions, in such way and manner as the legislatures of
the several states shall judge best : and in case any
state shall neglect or refuse to pay its proportion pur-
suant to such requisition; then Congress may assess
and levy such state's proportion, together with interest
SUPPLEMENT. m
at the rate of six per cent, per annum^ from the time
prescribed in such requisiiion.
IX. That Congress shall lay no direct taxes without
the consent of the legislatures of three-fourths of the
states in the union.
X. That th^^ journals of the proceedings of the senate
and house of representatives, shall be published as
soon as conveniently may be, at least once in every
year; except such parts thereof relating to treaties, al-
liances, or military operations, as in their judgment re-
quire secrecy.
XI. That regular statements of the receipts and ex-
penditures of all publick moneys shall be published at
least once a year.
XII. As standing armies in time of peace are dange-
rous to liberty, and ought not to be kept up except in
cases of necessity, and as at all times the military
should be under strict subordination to the civil power,
ihat therefore no standing army or regular troops shall
be raised or kept up in time of peace.
XIII. That no moneys be borrowed on the credit of
the United States, without the assent of two-thirds of
the senators and representatives present in each house.
XIV. That the Congress shall not declare war with-
out the concurrence of two-thirds of the senators and
representatives present in each house.
XV. That the words " without the consent of Con-
-' gress," in the seventh clause in the ninth section of
the first article of the constitution, be expunged.
XVI. That no judge of the supreme court of the
United States, shall hold any other office under the
United States, or any of them ; nor shall any officer
appointed by Congress, or by the president and senate
■462 30PPL]EMfiNT
cf the United States, be permitted to hold any office
under the appointment of anj of the states.
xvn. As a traffick tending to establish or continue
the slavery of any part of the human species, is dis-
graceful to the cause of liberty and humanity ; that
Congress shall as soon as may be, promote and estab-
lish such laws and regulations as may effectually pre-
vent the importation of slaves of every description into
the United States.
XVIII. That the state legislatures have power to
rccal, when they think it expedient, their federal sena-
tors, and to send others in their stead,
XIX. That Congress have power to establish a uni-
form rule of inhabitancy or settlement of the poor of
the different states throughout the United States.
^ XX. That Congress erect no company with exclusive
advantages of commerce,
XXI. That when two members shall move or call for
the ayes and nays on any question, they shall be en-
tered on the journals of the houses respectively.
Done in convention, at Newport, in the county of
Newport, in the state of Rhode Island and Provi-
dence Plantations, the twenty-ninth day of May,
in the year of our Lord one thousand seven hun-
dred and ninety, and the fourteenth year of the
independence of the United States of America.
By order of the convention.
(Signed) . DANIEL OWEN, President,
Attest. Daniel Updike. Sec'rv.
SUPPLEMENT. 4B5r
On the 9th of February, 1791, the following acts of the
state of Vermont relating to the constitution were communi-
cated to Congress.
STATE OF VERMONT.
An Act to authorize the People of this State to meet in
Convention to cleUherate upon and agree to the
Constitution of the United States.
Whereas, in the opinion of this legislature, the fu-
ture interest and welfare of this state, render it neces-
sary that the constitution of the United States of Ame-
rica, as agreed to by the convention at Philadelphia,
on the seventeenth day of September, in the year of
our Lord one thousand seven hundred and eighty-
seven, with the several amendments and alterations, as
the same has been since established by the United
States, should be laid before the people of this state
for their approbation.
It is hereby enacted by the general assembly of the
state of Vermont, That the first constable in each
town shall warn the inhabitants who by law are entitled
to vote for representatives in general assembly, in the
same manner as they warn freemen's meetings, to meet
in their respective towns on the first Tuesday of De-
cember next, at ten o'clock forenoon, at the several
places fixed by law for holding the annual election,
and when so met they shall proceed in the same man-
ner as in the election of representatives, to choose
some suitable person from each town to serve as a
delegate in a state convention, for the purpose of deli-
berating upon and agreeing to the constitution of the
United States as now established ; and the said consta-
464 SUPPLEMENT.
ble shall certify to the said convention the person so
chosen in manner aforesaid. And,
It is hereby further enacted by the authority afore-
said, That the persons so elected to serve in slate con-
vention as aforesaid, do assemble and meet together
on the first Thursday of January next, at Bennington,
in the county of Bennington, then and there to delibe-
rate upon the aforesaid constitution of the United,
States, and if approved of by them, finally to assent to,
and ratify the same in behalf and on the part of the
people of this state, and make report thereof to the go-
vernour of this state, for the time being, to be by him
communicated to the president \o( the United States,
and the legislature of this state.
STATE OF VERMONT.
Secretary's Office, Bennington, Jan. 21, 1791.
The preceding is a true copy of an act passed by
the legislature of the state of Vermont, the twenty-
seventh day of October, in the year of our Lord one
thousand seven hundred and ninety.
Attest. ROSWELL HOPKINS,
Secretary of State.
In Convention of the Delegates of the People of the
State of Vermont.
Whereas by an act of the commissioners of the
state of New York, done at New York, the seventeenth
day of October, in the fifteenth year of the indepen-
dence of the United States of America, one thousand
seven hundred and ninety, every impediment, as well
on the part of the stafe of New York, as on the part of
SUPPLEMENT. 465
the state of Vermont, to the admission of the state of
Vermont into the union of the United States of Ameri-
ca, is removed. In full faith and assurance that the
same will stand approved and ratified by Congress.
This convention having impartially deliberated upon
the constitution of the United States of America, as
now established, submitted to us by an act of the gene-
ral assembly of the state of Vermont, passed October
twenty-seventh, one thousand seven hundred and nine-
ty, do, in virtue of the power and authority to us given
for that purpose, fully and entirely approve of, assent
to and ratify the said constitution ; and declare, that
immediately from and after this state shall be admitted
by the Congress into the union, and to a full participa-
tion of the benefits of the government now enjoyed by
the states in the union, the same shall be binding on us,
and the people of the state of Vermont for ever.
Done at Bennington, in the county of Bennington,
the tenth day of January, in the fifteenth year of
the independence of the United States of America,
one thousand seven hundred and ninety-one. In
testimony whereof wc have hereunto subscribed
our names.
(Signed) THOMAS CHITTENDEN.
President.
Signed by one hundred and five raembers-^Dis-
sented four.
Attest. RoswELL Hopkins, Sec'ry of ConventioRo
5^
4t>6 SUPPLEMENT.
At the first session of the first Congress under the constitu-
tion, the following resolution was adopted.
CONGRESS OF THE UNITED STATES ;
Begun and held at the City of New York, on Wednes-
day, the 4th of March, 1789.
The conventions of a number of the states, having
at the time of their adopting the constitution, express-
ed a desire, in order to prevent misconstruction or
abuse of its powers, that further declaratory and re-
strictive clauses should be added. And as extending
the ground of publick confidence in the government
will best insure the beneficent ends of its institution:
Resolved, by the senate and house of representa-
tives of the United States of America in Congress as-
sembled, two-thirds of both houses concurring, that the
following articles be proposed to the legislatures of
the several states, as amendments to the constitution
of the United Stales, all or any of which articles,
when ratified by three-fourths of the said legislatures,
to be valid to all intents and purposes, as part of the
said constitution, namely.
Articles in addition to, and amendment of, the Consti-
tution of the United States of America, proposed by
.Congress and ratified by the Legislatures of the
several States, pursuant to the fifth article of the ori-
ginal Constitution.
Art. I. After the first enumeration required by the
first article of the constitution, there shall be one rep-
resentative for every thirty thousand, until the number
shall amount to one hundred, after which the propor-
I
SUPPLEMENT. 467
lion shall be so regulated by Congress, that there
shall not be less than one hundred representatives, nor
less than one representative for every forty thousand
persons, until the number of representatives shall
amount to two hundred, after which the proportion
shall be so regulated by Congress, that there shall not
be less than two hundred representatives, nor more
than one representative for every fifty thousand.
Art. II. No law varying the compensation for ser-
vices of the senators and representatives shall take
effect, until an election of representatives shall have in-
tervened.
Art. III. Congress shall make no law respecting an
establishment of religion, or prohibiting the free exer-
cise thereof, or abridging the freedom of speech, or of
the press, or the right of the people peaceably to as-
semble, and to petition the government for a redress of
grievances. '
Art. IV. A well regulated militia being necessary
to the security of a free state, the right of the people
to keep and bear arms shall not be infringed.
Art. v. No soldier shall, in time of peace, be
quartered in any house, without the consent of the
owner, nor in time of war, but in a manner prescribed
by law.
Art. VI. The right of the people to be secure in
their persons, houses, papers and effects, against un-
reasonable searches and seizures, shall not be violat-
ed ; and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particu-
larly describing the place to be searched, and the per-
sons or things to be seized.
Art. VII. No person shall beheld to answer for a
468 SUPPLEMENT.
capital or otherwise infamous crime, unless on a pre-
sentment or indictment of a grand jurj, except in cases
arising in the land or naval forces, or in the militia
when in actual service, in time of war or publick dan-
ger ; nor shall any person be subject for the same of-
fence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness
against himself; nor be deprived of life, liberty or pro-
perty, without due process of law ; nor shall private
property be taken for publick use without just com-
pensation.
Art. viii. In all criminal prosecutions, the accused
shall enjoy the right of a speedy and publick trial, by
an impartial jury of the state and district wherein the
crime shall have been committed, which district ^hall
have been previously ascertained by law ; and to be
informed of the nature and cause of the accusation ; to
be confronted with the witnesses against him ; to have
compulsory process for obtaining witnesses in his fa-
vour, and to have the assistance of counsel for his
defence.
Art. IX. In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of
trial by jury shall be preserved, and no fact tried by a
jury shall be otherwise re-examined m any court of
the United States, than according to the rules of the
common law.
Art. X. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punish-
ments inflicted.
Art. XI. The enumeration in the constitution of
certain rights, shall not be construed to deny or dispa-
rage others retained by the people.
SUPPLEMENT. 46?
Art. XII. The powers not delegated to the United
States by the constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to the
people.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice President of the United
States, and President of the Senate.
Attest, John Beckley, Clerk of the House
of Representatives.
Samuel A. Otis, Sec'ry of the Senate.
Which being transmitted to the several state legislatures,
were decided upon by them, according to the following re-
turns.
STATE OF NEW HAMPSHIRE.
In the House of Representatives, Jan. 25, 1790,
Upon reading and maturely considering the proposed
amendments to the federal constitution,
Voted, To accept the whole of said amendments.
except the second article, which was rejected.
Sent up for concurrence.
(Signed) THOMAS BARTLETT, Speaker.
In Senate, the same day, read and concurred.
(Signed) J, Pearson, Secretary.
A true copy. Attest, Joseph Pearson, Sec'ry.
470 SUPPLEMENT.
BY THE STATE OF NEW YORK.
The People of the State of New York, by the Grace of God, free ana
independent.
To all to whom these Presents shall come or may
concern, Greeting.
Know ye, That we having inspected the records re-
maining in our secretary's office, do find there a cer-
tain act of our legislature, in the words following :
An Act ratifying certain Articles in addition to, and
amendment of, the Constitution of the United States
of America, proposed by the Congress.
Whereas by the fifth article of the constitution of
the United States of America, it is provided, that the
Congress, whenever two-thirds of both houses shall
deem it necessary, shall propose amendments to the
said constitution, which shall be valid to all intents and
purposes as part of the said constitution, when ratified
by the legislatures of three-fourths of the several states,
©r by conventions in three-fourths thereof, as the one
or the other mode of ratification may be proposed by
Congress.
And whereas in the session of the Congress of the
United States of America, begun and held at the city of
New York, on Wednesday the fourth of March, one
thousand seven hundred and eighty-nine, it was re-
solved by the senate and house of representatives of
the United States of America, in Congress assembled,
two-thirds of both houses concurring, that the following
articles be proposed to the legislatures of the several
states, as amendments to the constitution of the United
States ; all or any of which articles, when ratified by
SUPPLEMENT. 471
three-fourths of the said legislatures, to be valid to all
intents and purposes as a part of the said constitution,
namely,
[Here follow the articles.]
And whereas the legislature of this state have con-
sidered the said articles, and do agree to the same, ex-
cept the second article. Therefore,
Be it enacted by the people of the state of New
York, represented in senate and assembly, and it is
hereby enacted by the authority of the same, That the
said articles, except the second, shall be and are hereby
ratified by the legislature of this state. ^
State of New York, in Assembly, Febru-
ary 22, 1790.
This bill having been read the third time — Resolved,
That the bill do pass.
By order of the Assembly.
GULIAN VERPLANCK, Speaker.
State of New York, in Senate, Februaty
24, 1790.
This bill having been read a third time — Resolved.
That the bill do pass.
By order of the Senate.
ISAAC ROOSEVELT,
President pro hac vice.
Council of Revision, February 27, 1790.
Resolved, That it does not appear improper to the
council, that this bill, entitled, " An act ratifying cer-
" tain articles in addition to, and amendment of the
4t2 SUPPLEMENT.
" constitution of the United States of America, pro-
" posed by the Congress," should become a law of this
stater
GEORGE CLINTON.
All which we have caused to be exemplified by
these presents. In testimony whereof, we have caused
these our letters to be made patent, and the great seal
of our said state to be hereunto affixed. Witness our
trusty and well beloved George Clinton, Esq. gover-
nour of our said state, general and commander in chief
of all the militia, and admiral of the navy of the same,
at our city of New York, the twenty-seventh day of
March, in the year one thousand seven hundred and
ninety, and in the fourteenth year of our independence.
(Signed) GEORGE CLINTON-
(Seal ap« \
pendant. /
Passed the Secretary's Office, the 27th March, 1790.
(Signed) Lewis A. Scott, Secretary.
BY THE STATE OF PENNSYLVANIA.
An Act declaring the Assent of this State to certain
Amendments to the Constitution of the United
States.
Sect. 1. Whereas in pursuance of the fifth article
of the constitution of the United States, certain articles
of amendment to the said constitution, have been pro-
posed by the Congress of the United- States, for the
consideration of the legislatures of the several states :
SUPPLEMENT. 473
And whereas this house, being the legislature of the
state of Pennsylvania, having maturely deliberated
thereupon, have resolved to adopt and ratify the arti-
cles hereafter enumerated, as part of the constitution of
the United States.
Sect. 2. Be it enacted therefore, and it is hereby
enacted by the representatives of the freemen of the
commonwealth of Pennsylvania, in general assembly
met, and by the authority of the same, That the follow-
ing amendments to the constitution of the United
States, proposed by the Congress thereof, namely,
,t [Here follow the third, fourth, fifth, sixth, seventh,
eighth, ninth, tenth, eleventh and twelfth articles, which
were proposed by Congress to the legislatures of the
several stales, as amendments to the constitution of
the United States.]
Be, and they are hereby ratified on behalf of this
state, to become, when ratified by the legislatures of
three-fourths of the several states, part of the constitU"
tion of the United States.
Signed by order of the House.
RICHARD PETERS, Speaker of the
General Assembly,
BY THE STATE OF DELAWARE.
*' The general assembly of Delaware having taken
** into their consideration the above amendments pro-
" posed by Congress, to the respective legislatures of
*' the several states :
'• Resolved, That the first article be postponed.
60
174 23UPPLEMENT.
" Resolved, That the general assembly do agree to
'* the second, third, fourth, fifth, sixth, seventh, eighth.
*• ninth, tenth, eleventh and twelfth articles ; and we
•' do hereby assent to, ratify and confirm the same, as
•* part of the constitution of the United States."
" In testimony whereof, we have caused the great
•' seal of the state to be hereunto affixed, this twenty-
^' eighth day of January, in the year of our Lord one
'* thousand seven hundred and ninety, and in the four-
" teenth year of the independence of the Delawar^
'• state.
" Signed by order of Council.
'' GEORGE MITCHELL, Speaker.
'' Signed by order of the House of Assembly.
-' JEHU DAVIS, Speaker."
BY THE STATE OF MARYLAND.
An Act to ratify certain Articles in addition to, and
amendment of, the Constitution of the United States
of America, proposed by Congress to the Legislatures
of the several States.
Whereas it is provided by the fifth article of the
constitution of the United States of America, that Con-
gress, whenever two thirds of both houses shall deem it
necessary, shall propose amendments to the said con-
stitution; or on the application of the legislatures of
iwo-thirds of the several states shall call a convention
for proposing amendments,- which in either case shall
be valid to ail intents and purposes as part of the said
constitution, when ratified by the legislatures of three-
SUPPLEMENT. 475
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.
And whereas at a session of the Congress of the Unit-
ed States, begun and held at the city of New York, on
Wednesday the fourth day of March, in the year of our
Lord one thousand seven hundred and eighty-nine, it
was resolved by the senate and house of representatives
of the said United Slates in Congress assembled, two-
thirds of both houses concurring, that the following ar-
ticles be proposed to the legislatures of the several
states, as amendments to the constitution of the United
States, all or any of which articles, when ratified by
three-fourths of the said legislatures, to be valid to all
intents and purposes, as part of the said constitution,
namely,
[Here follow the articles.]
Be it enacted by the general assembly of Maryland,
That the aforesaid articles and each of them be, and
they are hereby confirmed and ratified.
By the House of Delegates, Dec. 17, 1789.
Read and assented to.
By order.
(Signed) W. Harwood, Clerk.
By the Senate, December 19, 1789.
Read and assented to.
By order. H. Ridgely, Clerk.
(Signed) .1. E. HOWARD. (J™'',";;.)
476 SUPPLEMENT.
BY THE STATE OF SOUTH CAROLINA.
In the House of Representatives, Jan. 18, 1790.
The house took into consideration the report of the
committee, to whom was referred the resolution of the
Congress of the United States of the fourth day of
March, one thousand seven hundred and eighty nine,
proposing amendments to the constitution of the United
States, namely,
[Here follow the resolution of Congress and amend-
ments.]
Which being read through, was agreed to : — Where-
upon,
Resolved, That this house do adopt the said several
articles and that they become a part of the constitu-
tion of the United States.
Resolved, That the resolutions be sent to the senate
for their concurrence.
By order of the House.
JACOB READ, Speaker of the
House of Representatives.
In Senate, January 19, 1790.
Resolved, That this house do concur wiih the house
of representatives in the foregoing resolutions.
By order of the Senate.
D. DE SAUSSURE,
President of the Senate.
SUPPLEMENT. 477
BY THE STATE OF NORTH CAROLINA.
An Act to ratify the Amendments to the Constitution of
the United Stales.
Whereas the senate and house of representatives of
the United States of America in Congress assembled,
on the fourth day of March, did resolve, two-thirds of
both houses concurring, that the following articles be
proposed to the legislatures of the several states, as
amendments to the constitution of the United States, all
or any of which articles, when ratified by three- fourths of
the said legislatures, to be valid to all intents and pur-
poses as part of the said constitution.
[Here follow the several articles of amendments,
verbatim, as proposed by Congress to the legislatures
of the several states.]
Be it therefore enacted by the general assembly of
the state of North Carolina, and it is hereby enacted
by the authority of the same, That the said amend-
ments agreeable to the fifth article of the original con-
stitution, be held and ratified on the part of this state,
as articles in addition to, and amendment of the con-
stitution of the United States of America.
(Signed) Chas. Johnson, S. S.
S. Cabarrus, C. H. C.
Read three times and ratified in general assembly,
this 22d day of December, Anno Domini 1789.
478 SUPPLEMENT.
BY THE STATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS.
In General Assembly, June Session, A. D. 1790.
An Act for ratifying certain Articles as Amendments to
the Constitution of the United Stales of America, and
which were proposed by the Congress of the said
States, at their Session in March, A. D. 1789, to
the Legislatures of the several States, pursuant to
the fifth Article of the aforesaid Constitution.
Be it enacted by the general assembly, and by the
authority thereof it is hereby enacted, That the follow-
ing articles, proposed by the Congress of the United
States of America, at their session in March, A. D. 1789,
to the legislatures of the several states for ratification,
as amendments to the constitution of the United States,
pursuant to the fifth article of the said constitution, be,
and the same are hereby fully assented to, and ratified
on the part of this state, to wit :
[Here follow the articles.]
It is ordered, That his excellency the governour be,
and he is hereby requested, to transmit to the president
of the said United States, under the seal of this state,
a copy of this act, to be communicated to the senate
and house of representatives of the Congress of the
said United States.
A true copy duly examined.
Witness. Heivry Ward, Secretary.
SUPPLEMENl. 479
BY THE STATE OF NEW JERSEY.
An Act to ratify on the part of this State certain
Amendments to the Constitution of the United
States.
Whereas the Con^jress of the United States, begun
and held at the city of New York, on Wednesday the
fourth day of March, one thousand seven hundred and
eighty-nine, resolved, two-lhirds of both houses con-
curring, That sundry articles be proposed to the legis-
latures of the several states as amendments to the con-
stitution of the United States, all or any of which arti-
cles, when ratified by three-fourths of the said legisla-
tures, to be valid to all intents and purposes as part ol
the said constitution.
And whereas the president of the United States did,
in pursuance of a resolve of the senate and bouse of
representatives of the United States of America, in
Congress assembled, transmit to the governour of this
state the amendments proposed by Congress, which
were by him laid before the legislature for their con-
sideration. Wherefore,
1. Be it enacted by the council and general asgem-
bly of this state, and it is hereby enacted by the au-
thority of the same, That the following articles pro-
posed by Congress, in addition to, and amendment of
the constitution of the United States, to wit :
[Here follow, verbatim, the first, third, fourth, fifth,
sixth, seventh, eighth, ninth, tenth, eleventh, and
twelfth articles of the said amendments, proposed by
Congress to the legislatures of the several states.]
480 SJUPPLEMENT.
Be, and the same are hereby ratified and adopted
by the state of New Jersey.
House of Assembly, Nov. 19, 1789.
This bill having been three times read in this house.
Resolved, That the same do pass.
By order of the House.
John Beatty, Speaker.
Council Chamber, Nov. 20, 1789.
This bill having been three times read in council,
Resolved, That the same do pass.
By order of the House.
WILLIAM LIVINGSTON, President.
BY THE STATE OF VIRGINIA.
" In the House of Delegates, Tuesday, Oct, 25, 1791.
'' Resolved, That the first article of the amendments
^' proposed by Congress to the constitution of the
•' United States, be ratified by this commonwealth.
(Teste.) Charles Hay, C. H. D.
" November 3, 1791.
" Agreed to by the Senate.
^' H. Brooke, C. S.'-
•• General Assembly begun and held at the capitol, in
"the city of Richmond, on Monday the 17th day
" of October, in the year of our Lord 1791.
'- Monday, December 5. 1791.
" Resolved, That the second, third, fourth, fifth.
'^ sixth, seventh, eighth, ninth, tenth, eleventh, and
" twelfth articles of the amendments proposed by Con-
SUPPLEMENT. 481
" gress to the constitution of the United States, be
" ratified by this commonwealth.
" Dec. 15, 1791. JOHN PRIDE, S. S."
•^ Agreed to by the Senate. T. MATTHEWS, S.H.D."
" Examined."
No returns were made by the states of Massachusetts, Con-
necticut, Georgia and Kentucky.
The amendments thus proposed became a part of the con^
stitution — the first and second of them excepted ; which were
not ratified by a sufficient number of the state legislatures.
At the first session of the third Congress the following
amendment was proposed to the state legislatures.
UNITED STATES IN CONGRESS ASSEMBLED.
Resolved by the senate and house of representatives
of the United States of America, in Congress assem-
bled, two-thirds of both houses concurring, That the
following article be proposed to the legislatures of the
several states, as an amendment to the constitution of
the United States ; which, when ratified by three-fourths
of the said legislatures, shall be valid as part of the
said constitution, namely.
The judicial power of the United States shall not
be construed to extend to any suit in law or equity,
commenced or prosecuted against one of the United
States by citizens of another state, or by citizens or
subjects of any foreign state.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice President of the United
States, and President of the Senate.
Attest, J. Beckley, Clk. of the House Representatives.
Sam. a. Otis. Secretary of the Senate,
61
482 J^UPPLEMENT.
From the journals of the house of representatives, at the
second session of the third Congress, it appears that re-
turns from the state legislatures, ratifying this amendment,
were received as follows :
From New York, Massachusetts, Vermont, New Hamp-
shire, Georgia and Delaware. *
At the first session of the fourth Congress, further returns
ratifying the same amendment, were received from Rhode
Island and North Carolina.
At the second session of the fourth Congress, on the 2d of
March, 1797, the following resolution was adopted :
UNITED STATES IN CONGRESS ASSEMBLED.
Resolved by the senate and house of representa-
tives of the United States of America, in Congress as-
sembled, That the president be requested to adopt
some speedy and effectual means of obtaining infor-
mation from the states of Connecticut, New Jersey,
Pennsylvania, Maryland, Virginia, Kentucky, Ten-
nessee and South Carolina, whether they have ratified
the amendment proposed by Congress to the constitu-
tion concerning the suability of states ; if they have,
to obtain the proper evidences thereof.
JONATHAN DAYTON, Speaker of the
House of Representatives,
W^ILLIAM BINGHAM, President pro tem-
pore of the Senate.
Approved, March 2, 1797.
GEORGE WASHINGTON, President of
the United Stales.
At the second session of the fifth Congress, the following
messages from the president of the United States, were trans-
mitted to both houses.
SUPPLEMENT. 4^1.
MESSAGE.
Gentlemen of the Senate, and
Gentlemen of the House of Representatives,
In compliance with the desire of the two houses oC
Congress, expressed in their resolution of the second
day of March, one thousand seven hundred and ninety-
seven, that some speedy and effectual means might
be adopted of obtaining information from the states of
Connecticut, New Jersey, Pennsylvania, Maryland,
Virginia, Kentucky, Tennessee, and South Carolina,
whether they have ratified the amendment proposed
by Congress to the constitution, concerning the sua-
bility of states, and if they have, to obtain the proper
evidences ; measures have been taken, and informa-
tion and evidences obtained, the particulars of which
will appear in the report, from the secretary of state,
made by my direction on the twenty-eighth day of this
month, and now presented to the two houses for their
consideration.
JOHN ADAMS.
United States, December 30, 1797,
From this report of the secretary of state it appeared that
the states of Connecticut, Maryland and Virginia had ratified
the amendment — that New Jersey and Pennsylvania had not
ratified it — South Carolina had not definitively acted upon
it. No answers had been received from Kentucky and Ten-
nessee.
484 SUPPLEMENT.
MESSAGE.
Gentlemen of the Senate, and
Gentlenaen of the House of Representatives,
I HAVE now an opportunity of transmitting to Con-
gress, a report of the secretary of state, with a copy
of an act of the legislature of the state of Kentucky,
consenting to the ratification of the amendment of the
constitution of the United States proposed by Con-
gress, in their resolution of the second day of Decem-
ber, 1793, relative to the suability of states. This
amendment, having been adopted by three-fourths of
the several states, may now be declared to be a part
of the constitution of the United States.
JOHN ADAMS.
United States, January 8, 1798.
At the first session of the eighth Congress, the follow-
ing amendment was proposed by Congress, to the state legis-
latures.
EIGHTH CONGRESS OF THE UNITED STATES.
At the first session, begun and held at the city of
Washington, in the territory of Columbia, on Mon-
day, the seventeenth of October, one thousand eight
hundred and three.
Resolved by the senate and house of representa-
tives of the United States of America, in Congress as-
sembled, two thirds of both houses concurring, That
in lieu of the third paragraph of the first section of
the second article of the constitution of the United
States, the following be proposed as an amendment to
the constitution of the United States, which, when rati-
SUPPLEMENT. 4^5
fied by three-fourths of the legislatures of the several
states, shall be valid to all intents and purposes, as
part of the said constitution, to wit :
The electors shall nneet in their respective states,
and vote by ballot for president and vice president,
one of whom, at least, shall not be an inhabitant of the
same state with themselves ; they shall name in their
ballots the person voted for as president, and in dis-
tinct ballots the person voted for as vice president,
and they shall make distinct lists of all persons voted
for as president, and of all persons voted for as vice
president, and of the number of votes for each, which
lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, di-
rected to the president of the senate ; the president of
the senate shall, in the presence of the senate and house
of representatives, open all the certificates, and the
votes shall then be counted ; the person having the
greatest number of votes for president, shall be the
president, if such number be a majority of the whole
number of electors appointed ; and if no person have
such majority, then from the persons having the highest
numbers, not exceeding three on the list of those Voted
for as president, the house of representatives shall
choose immediately, by ballot, the president. But in
choosing the president, the votes shall be taken by
states, the representation from each state having one
vote ; a quorum for this purpose shall consist of a
member or members from two-thirds of the states, and
a majority of all the states shall be necessary to a
choice. And if the house of representatives shall not
choose a president whenever the right of choice shall
devolve upon them, before the fourth day of March
486 SUPPLEMENT.
next following, then the vice president shall act as
president, as in the case of the death or other consti-
tutional disability of the president.
The person having the greatest number of votes as
tice president, shall be the vice president, if such
number be a majority of the whole number of electors
appointed, and if no person have a majority, then from
the two highest numbers on the list, the senate shall
choose the vice president ; a quorum for the purpose
shall consist of two-thirds of the whole number of sena-
tors, and a majority of the whole number shall be
necessary to a choice.
But no person constitutionally ineligible to the office
of president shall be eligible to that of vice president
of the United States.
Attest. X
John Beckley, Clerk to the House of
Representatives of the United States.
Sam. a. Otis, Secretary to the Senate
of the United States.
At the same session, an act passed, of which the following
is the first section.
An act supplementary to the act, entitled " An actrela-
" tive to the election of a President and Vice Presi-
'^ dent of the United States, and declaring the offi-
" cer who shall act as President, in case of vacancies
" in the offices both of President and Vice Presi-
" dent."
Be it enacted, by the senate and house of repre-
sentatives of the United States of America, in Con-
gress assembled. That whenever the amendment pro-
SUPPLEMENT. 487
posed during the present session of Congress, to the
constitution of the United States, respecting the man-
ner of voting for president and vice president of the
United States, shall have been ratified by the Iegisla>
tures of three-fourths of the several states, the sec-
retary of state shall forthwith cause a notification
thereof to be made to the executive of every state,
and shall also cause the same to be published, in at
least one of the newspapers printed in each state, in
which the laws of the United Slates are annually pub-
lished.— The executive authority of each state shall
cause a transcript of the said notification to be de-
livered to the electors appointed for that purpose, who
shall first thereafter meet in such state, for the election
of a president and vice president of the United States :
and whenever the said electors shall have received the
said transcript of notification, or whenever they shall
meet more than five days subsequent to the publica-
tion of the ratification of the above mentioned amend-
ment, in one of the newspapers of the state, by the
secretary of state, they shall vote for president and
vice president of the United States, respectively, in
the manner directed by the above mentioned amend-
ment ; and having made and signed three certificates of
all the votes given by them, each of which certificates
shall contain two distinct lists, one, of the votes given
for president, and the other, of the votes given for
vice president, they shall seal up the saidj certificates,
certifying on each, that lists of all the votes of such
state given for president, and of all the votes given
for vice president, is contained therein, and shall
cause the said certificates to be transmitted and dis-
posed of, and in every other respect act in conformity
m SUPPLEMENT.
with the provisions of the act to which this is a sup-
plement. And every other provision of the act to
which this is a supplement, and which is not virtually
repealed by this act, shall extend and apply to every
election of a president and vice president of the United
States, made in conformity to the above mentioned
amendment to the constitution of the United States.
And on the 26th of September, 1804, the following notice,
in pursuance of the above provision, was issued from the
department of state.
BY JAMES MADISON, SECRETARY OF STATE Ob^
THE UNITED STATES.
PuBLiCK notice is hereby given, in pursuance of
the act of Congress passed on the 26th March last,
entitled " An act supplementary to the act entitled
" An act relative to the election of a president and vice
-' president of the United States, and declaring the
•' officer who shall act as president, in case of vacan-
'' cies in the offices both of president and vice presi-
" dent" — That the amendment proposed, during the
last session of Congress, to the constitution of the
United States, respecting the manner of voting for
president and vice president of the United States, has
been ratified by the legislatures of three-fourths of the
several states, to wit: by those of Vermont, Rhode
Island, New York, New Jersey, Pennsylvania, Mary-
land, Virginia, Ohio, Kentucky, Tennessee, North
Carolina, South Carolina, and Georgia, and has there-
by become valid as part of the constitution of the
United States.
Given under my hand, at the city of Washington.
this twenty-fifth day of September, 1804.
(Signed) JAMES MADISON.
SUPPLEMENT. 489
THE CONSTITUTION OF THE UNITED STATES,
WITH ALL THE RATIFIED AMENDMENTS, AS AT PRE-
SENT EXISTING,
We, the people of the United States, in order to form
a more perfect union, establish justice, ensure do-
mestick tranquillity, provide for the common defence,
promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and
establish this Constitution for the United States of
America.
ARTICLE I.
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 represenlativesr
Sect. 2. The house of representatives shall be com-
posed of members chosen every second yea? 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 apportion-
ed among the several states which may be included
within this union, according to their respective num-
bers; which shall be determined by adding to the whole
62
00 SUPPLEMENT.
number of free persons, including those bound to ser-
vice for a term of years, and excluding Indians not
taxed, three-fifths of all other persons. The actual
enumeration shall be made within three years after the
first meeting of the Congress of the United States, and
within every subsequent term of ten years, in such
manner as they shall by law direct. The number of
representatives shall not exceed one for every thirty
thousand, but each state shall have at least one repre-
sentative; and until such enumeration shall be made,
the state of New Hampshire shall be entitled to choose
three, Massach'isetts eight, Rhode Island and Provi-
dence Plantations one, Connecticut five, New York six.
New Jersey foar, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
When vacancies happen in the representation from
any state, the executive authority thereof shall issue
writs of election to fill such vacancies.
The house of representatives shall choose their
speaker and other officers: and shall have the sole
power of impeachment.
Sect. 3. The senate of the United States shall he
composed of two senators from each state, chosen by
the legislature thereof, for six years ; and each senator
shall have one vole.
Immediately after they shall be assembled in conse-
quence of the first election, they shall be divided, as
equally as may be, inio three classes. The seals of the
Sf nators of the first class shall be vacated at the expi-
ration of the second year, of the second class at the
expiration of the fourth year, and of the third class at
SUPPLEMENT. 491
the expiration of the sixth year, so that one third may
be chosen every second year; and if vacancies hap-
pen by resignation, or otherwise, during the recess of
the legislature of any state, the executive thereof may
make temporary appointments until the next meeting
of the legislature, which shall then fill such vacancies.
No person shall be a senator who shall not have at-
tained to the age of thirty years, and been nine years a
citizen of the United States, and who shall not, when
elected, be an inhabitant of that state for which he
shall be chosen.
The vice president of the United States shall be
president of the senate, but shall have no vote, unless
they be equally divided.
The senate shall choose their other officers, and also
a president pro tempore, in the absence of the vice pre-
sident, or when he shall exercise the office of president
of the United States.
The senate shall have the sole power to try all im-
peachments. When sitting for that purpose, they shall
be on oath or affirmation. When the president of the
United States is tried, the chief justice shall preside ;
and no person shall be convicted without the con-
currence of two thirds of the members present.
Judgment in cases of impeachment shall not extend
further than to removal from office, and disqualifica-
tion to hold and enjoy any office of honour, trust, or
profit, under the United States ; but the party convict-
ed shall nevertheless be liable and subject to indict-
ment, trial, judgment, and punishment, according to
law.
Sect, 4. The times, places, and manner of holding
492 iSUPPLEiMENT.
elections for senators and representatives, shall be pre-
scribed in each state by the legislature thereof; but
the Congress may at any lime, by law, make or alter
such regulations, except as to the places of choosing
senators.
The Congress shall assemble at least once in every
year, and such meeting shall be on the first Monday
in December, unless they shall by law appoint a diffe-
rent day.
Sect. 5. Each house shall be the judge of the elec-
tions, 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 atten-
dance of absent members, in such manner, and under
such penalties as each house may provide.
Each house may determine the rules of its proceed-
ings, punish its members for disorderly behaviour,
and, with the concurrence of two-thirds, expel a mem-
ber.
Each house shall keep a journal of its proceedings,
and from time to time publish the same, excepting
such parts as may, in their judgment, require secrecy ;
and the yeas and nays of the members of either house
on any question, shall, at the desire of one-fifth of those
present, be entered on the journal.
Neither house, during the session of Congress, shall,
without the consent of the other, adjourn for more than
three days, nor to any other place than that in which
the two houses shall be sitting.
Sect. 6. The senators and representatives shall re-
ceive a compensation for their services, to be ascer-
tained by law, and paid out of the treasury of the
SUPPLEMENT. ^m
United States. They shall in all cases, except trea-
son, felony, and breach of the peace, be privileged
from arrest during their attendance at the session of
their respective houses, and in going to or 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 app^ointed 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. All bills for raising revenue shall origi-
nate in the house of representatives ; but the senate
may propose or concur wiih amendments as on other
bills.
Every bill which shall have passed the house of re-
presentatives 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 if
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 de-
termined by yeas and nays, and the names of the per-
i5ons votins^ for and against the bill shall be entered on
494 SUPPLEMENT.
the journal of each house respectively. If any bill
shall not be returned by the president within ten days,
(Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if he
had signed it, unless the Congress by their adjourn-
ment prevent its return, in which case it shall not be a
law'.
Every order, resolution, or vote, to which the con-
currence of the senate and house of representatives
may be necessary, (except on a question of adjourn-
ment) shall be presented to the President of the Unit-
ed States ; and before the same shall take effect, shall
be approved by him, or, being disapproved by him,
shall be repassed by two-thirds of the senate and
house of representatives, according to the rules and
limitations prescribed in the case of a bill.
Sect. 8. The Congress shall have power —
To lay and collect taxes, duties, imposts, and excises :
To pay the debts and provide for the common de-
fence and general welfare of the United States ; but all
duties, imposts, and excises, shall be uniform through-
out the United States :
To borrow money on the credit of the United States :
To regulate commerce with foreign nations, and
among the several states, and with the Indian tribes :
To establish a uniform rule of naturalization, and
uniform laws on the subject of bankruptcies through-
out the United States :
To coin money, regulate the value thereof, and of
foreign coin, and fix the standard of weights and mea-
sures :
To provide for the punishment of counterfeiting the
securities and current coin of the United States:
SUPPLEMENT. 495
To establish post offices and post roads :
To promote the progress of science and useful arts,
by securing, for iiraited times, to authors and inventors,
the exclusive right to their respective writings and dis-
coveries :
To constitute tribunals inferior to the supreme court :
To define and punish piracies and felonies commit-
ted on the high seas, and offences against the law of
nations :
To declare war, grant letters of marque and repri-
sal, and make rules concerning captures on land and
water :
To raise and support armies ; but no appropriation
of money to that use shall be for a longer term than
two years ;
To provide and maintain a navy :
To make rules for the government and regulation of
the land and naval forces :
To provide for calling forth the militia to execute
tfhe laws of the union, suppress insurrections, and repel
invasions :
To provide for organizing, arming, and disciplining
the militia, and for governing such part of them as may
be employed in the service of the United Stales — re-
serving 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 exrlusive legislation in all cases what-
soever, over such district (not exceeding ten miles
square) as may, by cession of particular states, and
the acceptance of Congress, become the seat of go-
vernment of the United States, and to exercise like
authority over all places purchased, by the consent of
4St^ S(JPi*LEMENT.
ibe legislature of the stale 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 pow-
ers, and all other powers vested by this constitution in
the government of the United States, or in any depart-
ment or officer thereof.
Sect. 9. The migration or importation of such per-
sons as any of the states, now existing, shall think
proper to admit, shall not be prohibited by the Con-
gress prior to the year 1808, but a tax or duty may be
imposed on such importation, not exceeding ten dol-
lars for each person.
The privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases of rebellion or
'nvasion, the publick safety may require it.
No bill of attainder, or ex post facto law, shall be
passed.
No capitation, or other direct tax shall he laid, un-
less in proportion to the census or enumeration herein
l>efore directed to be taken.
No tax or duty shall be laid on articles exported
from any state. No preference shall be given by any
regulation of commerce or revenue to the ports of one
state over those of another; nor shall vessels bound to,
or from one state, be obliged to enter, clear, or pay
duties in another.
No money shall be drawn from the treasury, but in
consequence of appropriations made by law : and a
regular statement and account of the receipts and ex-
penditures of all publick money shall be published
from time to time.
SUPPLEMENT. * 497
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 ihe 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 enter into any treaty, alli-
ance, or confederation ; grant letters of marque and
reprisal ; coin money ; emit bills of credit ; make any
thing but gold and silver coin a tender in payment of
debts ; pass any bill of attainder, ex post facto law, or
law impairing the obligation of contracts, or grant any
title of nobility.
No state shall, without the consent of the Congress, lay
any imposts or duties on imports or exports, except what
may be absolutely necessary for executing its inspec-
tion lav/s ; and the nett produce of all duties and im-
posts, laid by any state on imports or exports, shall
be for the use of the treasury of the United Slates ; and
all such laws shall be subject to the revision and con-
trol of the Congress. No state shall, w'ithout the con-
sent of Congress, lay any duty of tonnage, keep troops
or ships of war in time of peace, enter into any agree-
ment or compact with another slate, or with^ foreign
power, or Engage in war, unless actually invaded, or
in such imminent danger as will not admit of delay.
ARTICLE 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, toge-
63
4S»B »UPPLEME^fT.
ther with the Vice President, chosen for the same term;
be elected as follows :
Each state shall appoint, in such manner as the le-
gislature thereof may direct, a number of electors
equal to the whole number of senators and representa-
tives to which the state may be entitled in the Con-
gress ; but no senator or representative, or person hold-
ing an office of trust or profit under the United States,
shall be appointed an elector.
The electors shall meet in their respective states,
and vote by ballot for two persons, of whom one at
[east shall not be an inhabitant of the same state with
themselves. And they shall make a list of all the per-
sons voted for, and of the number of votes for each ;
which list they shall «ign and certify, and transmit seal-
ed to the seat of the government of the United States,
directed to the president of the senate. The president
of the senate shall, in the presence of the senate and
house of representatives, open all the certificates, and
the votes shall then be counted. The person having the
greatest number of votes shall be the president, if such
number be a majority of the whole number of electors
appointed ; and if there be more than one who have
such majority, and have an equal number of votes,
then the house of representatives shall immediately
choose, by ballot, one of them for president ; and if no
person have a majority, then from the five highest oa
the list, the said house shall, in like manner, choose the
president. But in choosing the president, the votes
shall be taken by stales, 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
^JPPLEMENT. 4»
be necessary to a choice. In every case, after the
choice of the president, the person having the greatest
number of votes of the electors shall be the vice pre-
sident. 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 day on which they shall give their
votes ; which day shall be the same throughout the
United States.
No person, except a natural born citizen, or a citizen
of the United States at the time of the adoption of this
constitution, shall be eligible to the office of president;
neither shall any person be eligible to that office, who
shall not have attained to the age of thirty-five years,
and been fourteen years a resident within the Unit-
ed States.
In cage 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, resigna-
tion, or inability, both of the president and vice pre-
sident, declaring what officer shall then act as presi^
dent, and such officer shall act accordingly, until the
disability be removed, or a president shall be elected.
The president shall, at stated times, receive for his
services a compensation, which shall neither be in-
creased nor diminished during the period for which he
shall have been elected, and he shall not receive with-
in that period any other emolument from the United
States, or any of them.
SOO SUPPLEMENT.
Before be enters on the execution of his office, he
shall take the following oath or affirmation:
" I do solemnly swear (or affirm) that I will faithful-
" ly execute the office of president of the United States,
"and will, to the best of my ability, preserve, protect,
"and defend the constitution of the United States."
Sect. 2. The president shall be commander in chiff
of the army and navy of the United Slates, and nf ihe
militia of the several states, when called into the actu-
al 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 relat-
ing to the duties of their respective c.ffices; 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 tlie advice and
consent of the sciiate, 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 anjbassadors, other pubiick
ministers, and consuls, judges of the suj>renie court,
and all other officers of the United States, whose ap-
pointments are not herein otherwise provided for, and
which shall be established by law. But the Congress
may by law vest the appointment of such inferior offi-
cers as they think proper in the president alone, in the
courts of law, or in the heads of departments.
The presidf^nt shall have power to fill up all vacan-
cies that may happen durins; the recess of (he senate,
by granting commissions, which shall expire at the end
of their next session.
Sect. 3. He shall, from time to time, give to the Con-
SUPPLEMENT. Sdl
gress information of the state of the union, and recom-
mend to their consideration such measures as he shall
judge necessary and expedient; he may, on extraor-
dinary occasions, convene both houses, or either of
them, and incase of disagreement between them, with
respect to the time of adjournment, he may adjourn
them to such tinie as he shall think proper ; he shall
receive ambassadors and other publick ministers ; he
shall take care that the laws be faithfully executed ;
and shall commission all the otRcers 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.
ARTICLE III.
Sect. 1. The judicial power of the United States
shall be vested in one supreme court, and in such infe-
rior courts as the Congress may, from time to time, or-
dain and establish. The judges, both of the supreme
and inferior courts, shall hold their offices during good
behaviour; and shall, at stated times, receive for their
services a compensation, which shall not be diminish-
ed during their continuance in office.
Sect. 2. The judicial power shall extend to all ca-
ses in law and equity, arising under this constitu-
tion, the laws of the United States, and treaties made,
or which shall be made under their authority ; to all
cases affecting ambassadors, other publick ministers
and consuls ; to all cases of admiralty and maritime
jurisdiction ; to controversies to which the United
jm SUPPLEMENT.
States shall be a party ; to controversies between two
or more states, between a state and citizens of another
state, between citizens of different states, between
citizens of the same state, claiming lands under grants
of different states, and between a state, or the citizens
thereof, and foreign states, citizens, or subjects.
In all cases affecting ambassadors, other publick min-
isters and consuls, and those in which a state shall be
party, the supreme court shall have original jurisdiction.
In all the other cases before mentioned, the supreme
court shall have appellate jurisdiction, both as to law
and fact, with such exceptions, and under such regula-
tions as the Congress shall make.
The trial of all crimes, except in cases of impeach-
ment, shall be by jury ; and such trial shall be held in
the state where the said crimes shall have been com-
mitted ; 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 adher-
ing 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 pu-
nishment of treason ; but no attainder of treason shall
work corruption of blood, or forfeiture, except dur-
ing the life of the person attainted.
ARTICLE IV.
Sect. !• Full faith and credit shall be given in each
SUPPLEMENT. 503
state to the publick acts, records, and judicial pro-
ceedings 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 se-
veral 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 au-
thority of the state from which he fled, be delivered
up, to be removed to the state having jurisdiction of the
crime.
No person held to service or labour in one state,
under the laws thereof, escaping into another, shall, in
consequence of any law or regulation therein, be dis-
charged from such service or labour ; but shall be de-
livered up, on claim of the party to whom such ser-
vice or labour may be due.
Sect. 3. New states may be admitted by the Con-
gress into this union ; but no new state shall be form-
ed or erected within the jurisdiction of any other state,
nor any state be formed by the junction of two or more
slates, or parts of states, without the consent of the
legislatures of the states concerned, as well as of the
Congress.
The Congress shall have power to dispose of and
make all needful rules and regulations respecting the
territory or other property belonging to the United
States ; and nothing in this constitution shall be so
construed as to prejudice any claims of the United
Slates, or of any particular state.
o04 SUPPLEMENT.
Sect. 4. The UnUod Slates shall guarantee to every
state ill this union a republican form of government,
and shall protect each of them against invasion ; and
On application of the legislature, or of the executive
(when (he legislature cannot be convened) against do-
mestick violence.
ARTICLE V.
The Congress, whenever two-thirds of both houses
shall deem it necessary, shall propose amendments to
this constitution ; or, on the application of the legisla-
tures 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 legisla-
turea of three-fourths of the several states, or by con-
ventions in three-fourjhs 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 first and fourth clauses in the ninth section
of the first article; and that no state, without its con-
sent, shall be deprived of its equal suffrage in the
senate.
ARTICLE VI.
All debts contracted and engagements entered into,
before the adoption of this constitution, shall be as valid
against the United States under this constitution as
under the confederation.
This constitution, and the laws of the United States
which shall be made in pursuance thereof; and all
SUPPLEMENT. S*5
treaties made, or which shall be made, under the au-
thority of the United States, shall be the supreme law
of the land ; and the judges in every state shall be
bound thereby, any thing in the constitution or laws of
any state to the contrary notwithstanding.
The senators and representatives before mentioned,
and the members of the several state legislatures, and
all executive and judicial officers, both of the United
States and of the several states, shall be bound by
oath or affirmation, to support this constitution : but no
religious test shall ever be required as a qualification
to any office or publick trust under the United States.
ARTICLE VII.
The ratification of the conventions of nine states
shall be sufficient for the establishment of this consti-
tution between the states so ratifying the same.
Done in convention, by the unanimous consent of
the states present, the 17th day of September, in
the year of our Lord 1787, and of the indepen-
dence of the United States of America, the twelfth.
In witness whereof, we have hereunto subscribed
our names.
GEORGE WASHINGTON, President,
And deputy from Virginia.
NEW HAMPSHIRE. MASSACHUSETTS.
John Langdon, Nathaniel Gorham,
Nicholas Gilman. Rufus King.
fi4
506 SUPPLEMENT.
CONNECTICUT, Richard Bassett,
William Samuel Johnson, ^^cob Broom.
Roger Sherman.
NEW YORK.
Alexander Hamilton.
NEW JERSEY.
William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton.
PENNSYLVANIA.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouverneur Morris.
DELAWARE.
George Read,
Gunning Bedford, jun.
John Dickinson,
Attest.
William Jackson, Secretary
MARYLAND.
James M'Henry,
Daniel of St. Thomas
Jenifer,
Daniel Carroll.
' VIRGINIA.
John Blair,
James Madison, jun.
NORTH CAROLINA.
William Blount,
Richard Dobbs Spaight.
Hugh Williamson.
SOUTH CAROLINA.
John Rutledge,
Charles Cotesworth
Pinckney,
Charles Pinckney,
Pierce Butler.
GEORGIA.
William Few,
Abraham Baldwin
SUPPLEMENT. *
AMENDMENTS TO THE CONSTITUTION.
ARTICLE I.
Congress shall make no law respecting an esta-
blishment of religion, or prohibiting the free exercise
thereof ; or abridging the freedom of speech, or of the
press ; or the right of the people peaceably to assem-
ble, and to petition the government for a redress of
grievances.
ARTICLE II.
A well regulated militia being necessary to the se-
curity of a free state, the right of the people to keep
and bear arms shall not be infringed.
ARTICLE III.
No soldier shall, in time of peace, be quartered in
any house without the consent of the owner ; nor in
time of war, but in a manner to be prescribed by law.
ARTICLE IV.
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated ; and no
warrants shall issue, but upon probable cause, sup-
ported by oath or affirmation, and particularly describ-
ing the place to be searched, and the persons or things
to be seized.
ARTICLE V.
No person shall be held to answer for a capital or
otherwise infamous crime, unless on a presentment or
S0» SUPPLEMENT.
indictment of a grand jury, except in cases arising in
the land or naval forces, or in the militia, when in ac-
tual service, in time of war or publick danger; nor
shall any person be subject for the same offence to be
twice put in jeopardy of life or limb; nor shall be
compelled, in any criminal case, to be a witness against
himself, nor be. deprived of life, liberty, or property,
without due process of law ; nor shall private proper-
ty be taken for publick use without just compensation.
ARTICLE VI.
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and publick trial, by an impartial
jury of the state and district wherein the crime shall
have been committed, which district shall have been
previously ascertained by law, and to be informed of
the nature and cause of the accusation ; to be con-
fronted with the witnesses against him ; to have com-
pulsory process for obtaining witnesses in his favour ;
and to have the assistance of counsel for his defence.
ARTICLE VII.
In suits at common law, where the value in contro-
versy shall exceed twenty dollars, the right of trial by
jury shall be preserved ; and no fact tried by a jury
shall be otherwise re-examined in any court of the
United States, than according to the rules of the com-
mon law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments in-
dicted.
SUPPLEMENT. 509
ARTICLE IX.
The enumeration in the constitution, of certain
rights, shall not be construed to deny or disparage
others retained by the people.
ARTICLE X,
The powers not delegated to the United States by
the constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people.
ARTICLE XI.
The judicial power of the United States shall not be
construed to extend to any suit in law or equity, com-
menced or prosecuted against one of the United States
by citizens of another state, or by citizens or subjects
of any foreign state.
ARTICLE XII.
The electors shall meet in their respective states,
and vote by ballot for president and vice president, one
of whom, at least, shall not be an inhabitant of the
same state with themselves; they shall name in their
ballots the person voted for as president, and in distinct
ballots the person voted for as vice president ; and they
shall make distinct lists of all persons voted for as pre-
sident, and of all persons voted for as vice president,
and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of
the government of the United States, directed to the
president of the senate ; the president of the senate
shall, in the presence of the senate and house of repre-
sentatives, open all the certificates, and the votes shall
510 bUPPLEMENT.
then be counted : the person having the greatest num°
ber of votes for president, shall be the president, if
such number be a majority of the whole number of
electors appointed ; and if no perscii have such ma-
jority, then from the persons having the highest num-
bers, not exceeding three, on the list of those voted
for as president, the house of representatives shall
choose immediately, by ballot, the president. But in
choosing the president, the votes shall be taken by
states, the representation from each state having one
vote ; a quorum for this purpose shall consist of a
member or members from two-thirds of the states, and
a majority of all the states shall be necessary to a
choice. And if the house of representatives shall not
choose a president whenever the right of choice shall
devolve upon them, before the fourth day of March
next following, then the vice president shall act as pre-
sident, as in the case of the death or other constitu-
tional disability of the president.
The person having the greatest number of votes as
vice president, shall be the vice president, if such num-
ber be a majority of the whole number of electors ap-
pointed ; and if no person have a majority, then from
the two highest numbers on the list, the senate shall
choose the vice president : a quorum for the purpose
shall consist of two thirds of the whole number of se-
nators, and a majority of the whole number shall be
necessary to a choice.
But no person constitutionally ineligible to the office
of president, shall be eligible to that of vice president
of the United States.
THE END.
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