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.•
THE
MADISON PAPERS.
THE
MADISON PAPERS,
THE
PAPERS
OF
JAMES MADISON
PURCHASED BY ORDER OF CONGRESS;
BEING
HIS CORRESPONDENCE AND REPORTS OF DEBATES DURING
THE CONGRESS OF THE CONFEDERATION
AND
HIS REPORTS OF DEBATES
IN THE
FEDERAL CONVENTION;
NOW PUBLISHED FROM THE ORIGINAL MANUSCRIFTfl^ DEFOB-
ITED IN THE DEPARTMENT OP STATE, BY DIRECTION OF
THE JOINT LIBRARY COMMITTEE OF CONGRE8A,
UNDER THE SUPERINTENDENCE
OF
HENRY D. GILPIN.
VOLUME in.
• • - ^ .,
• « • •
WASHINGTON:
LANGTREE & O'SULLIVAN.
1840.
w
■< -"^ » -
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t
*
1 Enteral.
trrording In Act of Consress, by Longlree & O'Sullivaii
Clerk's Office of the DislHct of Calumbia.
in the
i
429693
¥:•
!^^im'!mo"^v^-^v
;.
I .
CONTENTS
OF THE THIRD VOLUME.
DEBATES IN THE FEDERAL CONVENTION,
FROM TUESDAY, AUGUST 7th, 1787, UNTIL ITS
FINAL ADJOURNMENT, MONDAY, SEPTEMBER
17ih, 1787.
Tuesday, August 7th ... 1243
The Constitution as reported by the Committee of Detail, con^
sidered.
The preamble, article ^rrt, designating the style of the gorem-
ment ; and article second^ dividing into a Supreme LegislatiTe, £x-
ecutire, and Judiciary, agreed to.
Article thirds dividing the Legislature into two distinct bodiea,
a House of Representatives, and Senate, with a mutual negative in
all cases, and to meet on a fixed day — Motion to confine the nega-
tive to Legislative acts — ^Disagreed to— Motion to strike out the
clauses giving a mutual negative — Agreed to— Motion to add that
a difierent day of meeting may be appointed by law — Agreed to—
Motion to give the Executive an abeolute negative on the Legisla^
mre — ^Disagreed ta
Article /<mrM, relative to the House of Representatives — Motion
to confine the rights of Electors to freeholders — Disagreed to.
Wednesday, August 8th . . . 1256
Article fourthf relative to the House of Representatives, resumed
IT CONTENTS.
—Motion to require «even yean citizenship in members— Agrwd
to — Moiion lo require ibe memberB to be iDhabitBiiti of the Stam
they reprewai— Agreed to — Moiion lo require the inhabitanqr for
a specified period — Disagreed to — Motion to requite that after a
census ihe number of members shal! be proportioned lo direct tax-
ation— Agreed to — Motion lo fix the ratio of represeatatioa by tb*
number of free in halii tan t»— Disagreed to— Motion to give erwy
Stale one representative ai least— Agreed to— Motion to strike ml
the exclusive power over money bills — Agreed to^
Thursday, August 9th . . 1268
Anicle/uurfA, relative lo the House of Gepreaenta tires, resumed —
Agreed It, Bf aninideJ.
Article fifth, relative lo the Senate — Motion lo strike oal th«
right of Slate Executives to supply vacancies— Disagreed to — Mo-
tion to supply vacancies by the StBic Legislatures, or by the Exe-
cutive till its next meetinft — Agreed to—Motion to postpone the
clauses giving each member one vote — Disagreed lo — Motion to
require fourteen years citizensliip in Senators — Disagreed to — Mo-
liun lo require nine years citizenship in Senators — Agreed lo — Mo
lion to require Seoalors to be inhabitants of the Stales they repi«-
tent — Agreed la
Article lixiH, relative to the elections, qualifica lions, and pnv
ceedings of ihe Legist a lure— Mulion to strike out the right of the
Legislature lo alter the provisions concerning the election of ill
members — Disagreed lo.
Friday, August 10th .... 1282
Article nxih, relative lo the electioDfl, qnaUfieadons, and proceed-
ings of ihe Legislature, resumed— Moiion to require the Executive,
Judiciary and Legislature, lo possess a certain amount of properly
— Disagreed to — Motion to strike out the right of the Legislature
to establish a qualiRcarion of iia membera—Agreed to — Motion lo
reduce a quorum of each House below a majority — Disagreed to-
Mulioii to authorize ihe compulsory allendance of members —
Agreed lo — Moiion lo require a vole of two thirds lo expel a mem-
ber— Agreed to— Motion to allow a single member to call the yeas
and nays — Disagreed to — Motion to allow Senators lo enter their
dissent on the journals — Disagreed lo — Motion to strike out tb«
clause which conlines the keeping and publication of the jouma)
of the Senate to its Legislative bosinesa — Agreed lo.
Satukday, August 11th . , . 1293
Article tirth, relntive to the elections, qualifications, and proceed'
CONTENTS. ▼
mgs of the Legislature, resumed— Motion to except from pablict-
tkn of sneh parts of the Senate jonmal, not Legislatire, as it mar
judge to require secrecy — Disagreed to — Motion to except from
puhlicatioii such parts of the Senate journal as relate to treaties
and military operations— Disagreed to — Motion to omit the publi-
cation of such parts of the journals as either House may judge to
require secrecy — ^Agreed ta
Monday, August I3tb . 1299
Article fourth^ relatire to the House of Representatires, resumed
— Motion to require only citizenship and inhabitancy in members
•^Disagreed to—Motion to require nine years' citizenship— Disa-
greed to — ^Motion to require four and five years' citizenship instead
of seren — Disagreed to — Motion to provide that the seven years'
dtizenship should not affect the rights of persons now citizens —
Disagreed ta
Axtide fifthy relative to the Senate, resumed — ^Motion to require
•even years' citizenship in Senators instead of nine — Disagreed ta
Article /mrlA, relative to the House of Representatives, resumed
— ^Motion to restore the clause relative to money bills — ^Disa-
greed ta
Tuesday, August 14th .... 1317
Article Mixth^ relative to the elections, qualifications, and proceed-
ings of the Legislature, resumed — ^Motion to permit members to be
appointed to office during their term, but to vacate their seat»—
— Disagreed to— Motion to permit members to be appointed during
their term to offices in the Army or Navy, but to vacate their
aeats — Postponed — Motion to pay the members out of the National
Treasury, a sum to be fixed by law— Agreed ta
Wednesday, August 15th . 1330
Article stxtk^ relative to the elections, qualifications, and proceed-
ings of the Legislature, resumed — Motion to unite the judges of the
supreme court with the President, in his revisory power over acts
of the Legislature — Disagreed to— Motion to require three fourths
instead of two thirds to pass bills negatived by the Executive
-'Agreed to— Motion to extend the negative of the Executive to
lesdves as well as bills— Disagreed to— Motion to allow the Ex»*
cutive ten days to revise bills— Agreed to— Article tuBtk^ as amend-
ed, agreed ta
Thursday, August 16th ... 1339
Article mc(A, relative to the elections, qualifications, and proceed-
COIVTENTfl,
ings rf the Legisliiure, Tcranwd— MoQon to futgwt joiai Mtolu'
(ioni, (acept on adjounUDentt) to the negatin of tha Ezeeotin
— Agreed to.
Article uvenlh, rehtire to the powers of the Legiilatnre— M<^
tion to exclade exports from dotj — Postponed — Motioo to aothor-
ize the esiabltshnient of post roeds — Agreed to — Moiioa to forbid
the eoiiasion of bills of credit— Agreed to.
Friday, August 17th 1345
Artide teeeiUh, relaiire to the powers of the Legislature, reMtmed
— Motion th»t it may appabt a Treasurer by joint ballot— Agreed
to — Subdoe rebellion in a State without the appUcatioo of iia
Legislature when it caimot meet — Disagreed to — Declaie var —
Agreed lo.
Saturday, August 18th . 1353
Motion to add Tariotit powers to the Legislature — Referred to tht
Committee of DetaiL
HotiiH) relaiire to an assumptioa of the State debts — Referred
to a Grand Committee.
Article ttvtntli, relative to the powers of the Legislattire, r»
■Dmed— Motion that it may make rules for the Army and Nary-
Agreed to^Molion that the Army shall be limited in time of peace
to a fixed number— Disagreed lo— Moiioa that the nitgeci of regtH
Uting the militia be referred to the Grand Committee — Agreed to.
Monday, August 20th .... 1365
Hotioo to add rarioas powers to the LegisUmre— Referred to the
Commiltee of Detail.
Article itvtnlk, relaiire to the powers of Congress, resumed —
greed to — Moii
CONTENTS. Til
Wednesday, August 22d . 1390
Report of CoDimittee of Detail oiiTarioiii proposed additiooal pow-
ers of the Legislature.
Artide seventh^ relative to the powers of Coogress, resamed^
Motioo to refer the clauses relative to the importatioQ and migra-
tioD of slaves, and to a capitatloa tax, and navigation act, to a
Grand Committee — ^Agreed to — Motion to prohibit attainders or
ex post iacto laws — ^Agreed to— Motion to reqoire the Legislature
to discharge the debts, and fulfil the engagements of the United
States— Agreed ta
Thursday, August 23d .... 1402
Article seventh, relative to the powers of the Legtslatore, resum-
ed— Motion requiring them to organize the militia, when in the
service of the United States, reserving the training and appoint-
ment of officers to the States — ^Agreed to— Motion to prohibit fiuw
sign presents, offices, or titles, to any officer without consent of the
Legislature— Agreed to.
Anide eighth, relative to the supreme authority of acts of the
Legislature and treaties — Agreed ta
Article seventh, relative to the powers of the Legislature, renm-
ed — Motion to reier to a Committee, to consider the propriety of a
power to them to negative State laws— Disagreed ta
Article ninth, relative to the powers of die Senate — MotMo to
require treaties to be ratified by law — Disagreed ta
Friday, August 24th . . . 1416
RepcMTt of the Grand Committee on the importatioa and migration
of slaves, and a capitation tax, and navigation act.
Artide ninth, relative to the powers of the Senate, resumed —
Motion to strike out the power to decide conuroversies between
the States — Agreed ta
Article tenth, relative to the Executive— Motion that the Exe-
cutive be elected by the people— Disagreed to— By Electors chosen
by the people of the States— Disagreed to— By joint ballot of the
Legislature, and a majority of the members present— Agreed to—
Motion that each State have one vote in electing the Executive-
Disagreed to — Motion to require the President to give information
to the Legislature — Agreed to — ^Motion to restrain appointing pow-
er by law — Disagreed to — Motion to except from the appointing
power, offices otherwise provided for by the Constitution — ^Agreed
to— Motion to authorize by law, appointments by State Lcgisla-
tores and Executives— Disagreed ta
riU
CONTENTS.
Saturday, August 25th .... 1424
Article teveniA, relative lo the powers of ihe Legislature, lesumed
— Motion thai in discharging (he debts of the United Stales, ihey
■hnil be considered as valid ander the Conslilutioik as they were
Dnder the Confederalion^Agreed lo — Motion to postpone the pro-
hibilion for importing slaves lo 1809— Agreed to^Moiion lo con-
fine the clause to such Stales as permit the importation of slaves
— Disagreed lo — Motion that the tax on such importation shall not
exceed ten dollars for each person — Agreed lo — Molion that a cap-
itatioo tax shall be in proportion to the census — Agreed lo.
Article tenth, relative lo the Erecuiive, resumed^Moiion lo
liinil reprieves to the mceiing of ihe Senate, and requiring their
consent lo pardons — Disagreed to— Molion lo except cases of im-
peachment from ihe pardoning power — Agreed to— Motion that
his pardons shall not be pleadable in bar— Disagreed lo.
Monday, August 27th .... 1433
Article tenth, relative 10 ihe Executive, resumed— Motion to limit
his command of the militia to their being in the service of the
United Stales— Agreed to— Molion to require an oath from the
Executive— Agreed to.
Article eleventh, relative to the Judiciary — Motion lo confer
equity powers on the couris— Agreed to— Molion thai the judges
may be removed by the Executive, on application of the Legisla-
ture—Disagreed to — Motion that the salaries of judges should not
be increased while they are in office — Disagreed to — Motion lo ex-
tend jurisdiction to eases in which the United Stales are a party,
or arising under the Conitituiion, or treaties, or relating to land*
granted by differeni Stales — Agreed lo — Molion lo extend the ap-
pellate jurisdiction to law and &cl— Agreed to.
Tdesday, August 28th .... 1440
Article eleventh, relative lo the Judiciary — Motion lo confine the
appellate jurisdiction in certain cases lo the Supreme Court— Agreed
lo— Motion that crimes not commiiied within any Stale be tried
where ihe Legislature directs— Agreed lo— Motion that the writ
of Habeas Corpus shall noi be suspended, unless required by inva-
sion or rebellion — Agreed to.
Article Iwtlflh, relative to the prohihitioos on tbe power of the
Stales— Motions lo prohibit them absolutely from eraittiog hilts
of credit, legiilizing any tender except gold or silver, or passing
allainders or retrospective kws, or laying duties on imports —
Agreed to — Motion to forbid them to lay embargoes — Disagreed to.
Article thirltenlh, rela'.ive to the prohibitions on slaves, unless
COlfTBXITS. IX
MUhorixed hf the Nationtl Legkbtme— Motkm to inchide k
these duties on exports, and, if permitted, to be for the use of the
United 8tatee— Agreed ta
Axtide fourteenth^ relatiTe to the rights of dtizens of one Stmte
m another— Agreed ta
Article JifUentk^ relative to the ddiyery of persons fleeing In
other States— Motion to extend it to all cases of crime— Agreed to
—Motion to extend it to fiigitiTe slayes— Withdrawn*
Wednesday, August 29th . . • 1448
Article nrteenlA, relatiTe to the effect of pablic records and doco-
ments of one State in another— Motion to refer it to a Committee
to add a prorision relatire to bankruptcies and foreign judgments
^Agreed ta
Article seventh^ relative to the powers of the Legislature, resume
ed — Motion to require two thirds of each House on acts regulating
foreign commerce— Disagreed to— Motion to strike out the profi-
sion requiring two thirds of each House on navigation acta—
Agreed ta
Article fifteenth^ relative to the delivery of persons fleeing to
other States, resumed— Motion to extend it to slavea— Agreed ta
Article BerenUenth^ relative to the admission of new States—
Motion to strike out the clause requiring their admission on the
same terms with the original States— Agreed ta
Thursday, Ai^st 30th . • 1460
Article seventeenth^ relative to the admission of new States, r^
sumed — Motion not to require any other assent than that of Con-
gress to admit other States now existing— Disagreed to— Motion
not to require any other assent than that of Congress, to admit
States over which those now existing exercise no jurisdiction —
Agreed to— Motion to allow the Legislature to form new States
within the territory claimed by the existing States— Disagreed to
^Motion to require assent of the State Legislatures to a junction
of States — ^Agreed to— Motion to authorize the Legislature to make
regulations regarding the territories, but not to affect the claims
either of the United States, or the States— Agreed to— Motion to
refer such claims to the Supreme Court — Disagreed ta
Article eighteenths guaranteeing to the States a republican gov-
ernment, and protection against foreign invasion, and, on the appb>
cation of the State Legislature, against domestic violence — Motion
to strike out the clause requiring the application of the State Lcg>-
islatore— Disagreed to— Ifotioo to authonxs it on the applieation
Vol. hi.— B
»- CONTENTS.
rf ihe Siaie Executive — Aerreed iq— Moiiooto limit the Eiecniive
mpplication to & mesa of ihe Legislature — Ditagrefd 1o.
Arlicle ninttttnth, relative lo ameodments of the CoDSlilution —
Ajret^ to.
Article Iwcnlicth, relalive to ilie oaih to fupport the CoDsiiin-
tinn— Motioo to forbid any religious test— Agreed ta
Arlicle luunly-^nt, relative to [he raiiticaiion of the Coosiitu-
lion— Motioo to require it lo be by all the Slates.
Friday, August 31st .... 1470
Article twtntij-finl, relative to the number of Slates necessary for
ft raiificalion of the Cons liluiion, resumed — Motion that ihe Coniii-
tutioo be conGoed lo the Slates ratifying it— Agreed to — Motion not
to rMjuire the raiificotion lo be made by conveniions — Hisagreed
to — Molion lo require unanimous ralificalion of ihe Slates — Diso-
greed to — That of nine Stales — Agreed to.
Arlicle tKcnly-second, relative to the mode of ralificalion — Mo-
tion not CO require the approbation of ibe present Congress —
Agreed to— Motion thai the Siaie Legislatures ought to call Con-
ventions speedily — Disagreed to.
Arlicle tae^tty-tkird, relative to the meaenres to be taken for
carrying tlie Consiituiion into effect when ratified — Motion to
strike out the clause requiring ihe Legislature to choose ihe Exe-
cutive— Agreed to.
Article ici'cnM, relative lo the puwersof the Legislature, resumed
— Motion thai no diflereni duties or regulations, giving preference
10 the portK uf any paniculnr Stale, or requiring clearances, &c.
between them, shall be madc^Agteed lo.
Monday, September 3(1 . . . 14S0
Article sitleenth, relative lo the effect of public records and docu-
ments of one Slate in another, resumed'— Molinn lo require the
Legislature lo provide the manner of auiheiiiicaiing ihem
Article tnenlh, relative to ihe powers of the Legislature, re-
ninied— Motion ihai they may establish a bankrupt law— Dtn-
Ariicle tilth, relative to the elections, qualifica lions, and pro-
ceedings of ihe L^slalure, resumed — Molion to amrad ihe rule
as to incapacity, by prescribing only thai members shall not hold in
office uf emuluineni, and shall vacate their seats on appoinlraeoi —
Disa^ei^d to — Molion to limit such incapacity lo offices created, or
whose emoluments were increased, during their term — Agreed lo—
Hoiion lo tender office and membership incompatible — Agreed to.
CONTENTS. Zl
Tuesday, September 4th ... 1485
Article seventh, rdatiTe to the powers of the Legislature, resum-
ed— ^Motion that they shall lay and collect taxes to pay debts and
proride for the commoQ defence and welfare — ^Agreed to— Regu-
late trade with the Indians — ^Agreed to.
Article tenth, relative to the Execotire, resumed — ^Motion to ap*
point a Vice President, and he and the President to be chosen by
Electors appointed in such manner as the State Legislatures may
direct; if not chosen by a mi^iority of the Electors to be balloted for
by the Senate from the five highest — ^Postponed.
Wednesday, September 5th . . 1494
Article seventh, relatire to the powers of the Legislature, resumed
— Motion that they may grant letters of marque — Agreed to— Not
make army appropriations for more than two years — Agreed to —
Hare exclusive jurisdiction in the dbtrict ceded for the seat of gov-
enmient, and for other purposes with the consent of die State Leg^
islatures — ^Agreed to— Grant patents and copyrights — ^Agreed ta
Article tenth, relative to the Executive, resumed — ^MotioQ that
in case of fiulure of the Electors to elect, the choice shall be by the
Legislature— Disagreed to— Motion not to require a majority of
the Electors but one third to choose a President — ^Disagreed t<H-
Motion that the choice of the Senate be limited to the three higl^
est — Disagreed to— To the thirteen highest — Disagreed to.
Thursday, September 6th .. . 1603
Article tenth, relative to the Executive, resumed — Motion to ex-
clude members of the Legislature, and public officers from being
Electors — ^Agreed to— Motions to extend the Executive term to
seven and six years — Disagreed to— Motion to elect the Executive
by Electors — Agreed to — Motioa that the election be at the seat
of Government — Disagreed to — On the same day throughout the
Union— Agreed to— Motion to refer it to the Senate, two thirds
being present, if not made by the Electors — Agreed to— Motion to
refer it to the House of Representatives, two thirds of the States
being present, and each State to have one vote — Agreed to.
Friday, September 7th . . 1514
Article tenths relative to the Executive, resumed — Motion to leave
to the Legislature to declare the Executive officer in case of death,
&c of President and Vice President, until a new election — ^Agreed
to— Motion that the President be a natural bom citizen, and thirty-
five years of age— Agreed to— Motion that the Vice President be
President of the Senate — Agreed to— Motion to unite House of
Representatives in the treaty power— Disagreed to-— Motion to
w
i CONTENTS,
gire tli« Kxecuiire and SeoKte the appointing power—Agreed t»
— Motion to allow treaties of peace to be made by the Eiecuiire
sad a majority of the Senate — A^eed to — Motion to allow two
tLiida of the Senaie to make ireaiiei of peace without the Eiecw-
lire — DiMgreed to — Motioa to appoint an ExecuiiTe Cotincil —
Disagreed to.
Satdrdat, September 8th 1524
Article tmtA, relaiire to the Execuiive, restmied— Motion to r^
quire treaties of peace to be consented to by two thirds of the Sen-
ate— Agreed to — Motion lo require that in luch cases Iwo third*
of all the members be required — Disagreed to— Motion to extend
impeachment to high crimes and misdemeanors — Agreed to— Mo-
tion to withdraw trial of impeachment from the Soiale — Disa-
greed to.
Article fourth, relative lo the House of Representalives, resum-
ed— Motion that it must originate, but Senate may amend, monef
bills — Agreed to.
Article tenth, relative to the Executive, resumed — Motitn that
he may convene both or either House — Agreed to.
All the Articles as amended and agreed to, refened lo a Coni-
miiiee of Revision.
Monday, September lOth . . 1533
Ariicie ninetrenth, relative to amendments of the Constitution, re-
nimed— Motioa that Legislature may propose amendments, (o be
binding when assented to by three fourths of the Stales— Agreed lo.
Article tiPtnty-firtt, relative lo the number of Stales necessary
for a raiiGcatioo of the Constitution — Motion to require the assent
of ihe present Congress, before submitting it lo the Stales for rati-
fication— Disagreed to.
Article tteenty-itconJ, relative to the mode of raiifyiog the Con-
slilQtion — Moiion lo require the assent of the present Congress —
Disagreed to — Moiioa to submit ihe Cuustituiion after it is acted
on by the Slate Convenliuns, lo ■ second Federal Convention —
Postponed — Moiion that an address lo the Siaies accompany the
Consliiulion, when Iransmiiled fur ratification — Agreed to.
■Wednesday, September 18th . . 1543
The Constiluiion as reported by the Committee of Rev-ision, ecu-
■idered.
Article firit, relative to ihe Legislative power — Moiion to re-
quire two thirds instead of three fourths (o oveinile the negmtin
of ihe PrcsidenI — Agreed lo.
Motion 10 add a bill of rights — Disagreed to> . ' 'i
CONTENTS. Ziii
Thitrsdat, September 13th . 1668
Motioii ftr a Committee to report artidet of UBoetetkn ibr ok
eoniagiDg, by the infloence of the Conyentiaii, eeooomj, fin^gality,
wad American maou&ctures— Agreed ta
Artide/fsl, relative to the Legielatire power, reenfaMd— MotioB
to permit the States to impose raeh duties oq exports as are neos^
sary to execute their inspecdoa laws— Agreed ta
Resolutions directiog the mode of proceeding in the present Cod*
gress to submit the Constitution to the States.
Friday, September 14th . 1671
Aitide Jintf relative to the Legislatire powers, resumed— Motion
to change the present proportion of members in the House of Rep>
resentatives — Disagreed to — Motion that officers impeached be sua*
pended till trial — Disagreed to— Motion to require the House of
Representatives to publish all its proceedings— Dingreed to— Mt^
tion that Treasurer be appointed as other officers— Agreed to—
Motion to provide for cutting canals and granting charters of ii^
corporation, where the States may be incompetent — ^Disagreed to
— ^To establish a university — Dissgreed to— To provide for tha
preservation of the liberty of the press — ^Disagreed to— To publUb
the expenditures — Agreed to.
Saturday, September 15th 1582
Article ftrst^ relative to the Legislative powers, resumed — Motion
to change the present proportion of members in the House of Rep-
resentatives— Disagreed to— Motion that the inspection laws of
the States may be revised by Congress — Agreed to— Motion that
no State shall lay a duty on tonnage, without assent of Congress
—Agreed ta
Article second, relative to the Executive — Motion that Presi-
dent shall receive no emolument from the States daring his term
— Agreed to — ^Motion to deprive the President of the power to
psrdon treason — Disagreed to— Motion that appointments to infe-
rior offices may be vested by law — Agreed ta
Article tkird, relative to the Judiciary — Motion to provide for
trial by jury in civil cases — Disagreed ta
Article fifth, relative to amendments of the Constitution — Mo»
tion to require Congress to call a Convention on an application of
two thirds of the States — Agreed ta
Article ^rs<, relative to the Legislative power, resumed — Motion
to guarantee to the States an equal representation in the Senate
—Agreed to — Motion to forbid the passage of a navigation act b^
tan 1808, withont two thirds of each House— Disagreed to.
tVr CONTENTS.
Motion that the ■mendmrnu of the SiKtea be aubmiited to a
new Federal CoDvention — Disagreed lo.
The CoQStilutioa, as ameadcd agreed to.
Monday, September I7th . 1596
Article first, relative to the Legislatire power, resumed — Motion
TO provide ihnl thirty thousand instead of forty thousand, be ibe
lowest ratio of represeniation^ Agreed to.
Motion that the Constitution be signed as agreed lo by all the
Slates — Agreed to.
Motion that the Journals and papen be deposited with tbe Fra>>
ideni— Agreed lo.
The Constitution signed as Gnally amended, and the ConTeotmi
adjourned.
DEBATES
FEDERAL CONVENTION OF 1787.
BY JAMES MADISON,
k
DEBATES
FEDERAL CONVENTION OF 17S7.
Tdesday, August 7th, 1787.
In Convention, — The Report of the Committee
of Detail being taken up, —
Mr. Pi\cKNEY moved that it be referred to aCum-
mittee of the Whole. This was strongly opposed
by Mr. GoBHAM and several others, as likely to pro-
duce unnecessary delay ; and vpas negatived, — Dela-
ware, Maryland, and Virginia, only being in the
affirraative.am.
The preamble of the Report was agreed to, nem.
con. So were Articles 1 and 2,
Article 3 being considered, — Col. Mason doubted
the propriety of giving each branch a negative on
the other " in all cases." There were some cases in
which it was, he supposed, not intended to be given,
as in the case of balloting for appointments.
Mr. G. Morris moved to insert " legislative acts,"
instead of " all cases." Mr. Williamson seconds him.
Mr. Sherman. This will restrain the operation
of the claiue too much, it will particularly exclude
DEBATES IN THE [1787.
a mutual negative in the case of ballots, which he
hoped would take place.
Mr. GoRHAM contended, that elections ought to be
made by joint ballot. If separate ballots sliould be
made for the President, and the two branches sliould
be each attached to a favorite, great delay, conten-
tion and confusion may ensue. These inconvenieu-
ceehave been felt in Massachusetts, in the etectioa
of officers of little importance compared with the
Executive of the United States. The only objection
against a joint ballot is, that it may deprive the
Senate of their due weight; but this ought not to
prevail over the respect due to the public tranquillity
and welfare.
Mr. Wilson was for a joint ballot in several cases
at least; particularly in the choice of a President;
and was therefore for the amendment. Disputes
between the two Houses, during and concerning the
vacancy of the Executive, might have dangerous
consequences.
Col. Mason thought the amendment of Mr. Gouv-
ERNEun Morris extended too far. Treaties are in
a subsequent part declared to be laws; they will
therefore be subjected to a negative, although they
are to be made, as proposed, by the Senate alone.
He proposed that the mutual negative should be
restrained to "cases requiring the distinct assent" of
the two Houses. Mr. Gouverneur Morris thought
this but a repetition of the same thing ; the mutual
negative and distinct assent being equivalent expres-
sions. Treaties he thought were not laws.
Mr. Madison moved to strike out the words, "each
of which shall in all cases have a negative on the
other ;" the idea being sufficiently expressed in the
FEDERAL CONVENTION.
1245
k
1787.]
preceding member of the Article, vesting " the legia-
Utive power" in "distinct bodies;" especially as
the respective powers, and mode of exercising them,
were fully delineated in a subsequent Article.
^ General Pinckney seconded the motion.
On the question for inserting, " legislative acts,"
as moved by Mr. Godvernedr Morris, it passed in
tlie negative, the votes being equally divided, — New
Hampshire, Massachusetts, Connecticut, Pennsylva-
nia, North Carolina, aye — 5; Delaware, Maryland,
Virginia, South Carolina, Georgia, no — 5.
On the question for agreeing to Mr. Madison's
motion to strike out, &c. — New Hampshire, Massa-
chusetts, Pennsylvania, Delaware, Virginia, South
Carolina, Georgia, aye — 7 ; Connecticut, Maryland,
JJorth Carolina, no — 3.
Mr. Madison wished to know the reasons of the
Committee for fixing by the Constitution the time of
meeting for the Legislature ; and suggested, that it
• be required only that one meeting at least should be
'iteld every year, leaving the time to be fixed or va-
jied by law.
Mr. GoiiVERNECR Morris moved to strike out the
■entence. It was improper to tie down the Legisla-
ture to a particular time, or even to require a meeting
every year. The public business might not require
it. Mr. Pinckney concurred with Mr. Madison.
Mr. GoRHAM. If the time be not fixed by the
Constitution, disputes will arise in the Legislature;
and the States will be at a loss to adjust thereto the
times of their elections. In the New England
.States, the annual time of meeting had been long
Sxed by their charters and constitutions, and no in-
convenience bad resulted. He thought it necessary
1246 DEBATES IN THE [1787.
that there should be one meeting at least every year,
as a check on the Executive department.
Mr. Ellsworth was against striking out the
words. The Legislature will not know, till they
are met, whether the public interest required their
meeting or not. He could see no impropriety in
fixing the day, as the Convention could judge of it as
well as the Legislature. Mr. Wilson thought, on
the whole, it would be beat to fix the day.
Mr. King could not think there would be a ne-
cessity for a meeting every year. A great vice in
our system was that of legislating too much. The
most numerous objects of legislation belong to the
States. Those of the National Legislature were
but few. The chief of them were commerce and
revenue. When these should be once settled, alter-
ations would be rarely necessary and easily made.
Mr. Madison thought, if the time of meeting
should be fixed by a law, it would be sufficiently fixed,
and there would be no difficulty then, as had been
suggested, on the part of the States in adjusting their
elections to it. One consideration appeared to him
to militate strongly against fixing a time by the
Constitution. It might happen that the Legislature
might be called together by the public exigencies
and fini.sh their session but a short time before the
annual period. In this case it would be extremely
inconvenient to re-asscmble so quickly, and without
the least necessity. He thought one annual meeting
ought to be required ; but did not wish to make two
unavoidable.
Colonel Mason thought the objections against
fixing the time insuperable; but that an annual
meeting ought to be required as essential to the
17S7.] FEDERAL CONVENTION. 1247
preservation of tlie Constitution. The extent of the
country will supply business. And if it should not,
the Legislature, besides legislative, is to have inquis-
itorial powers, which cannot safely be long kept in
a state of suspension.
Mr. Sherman was decided for fixing the time, as
well as for frequent meetings of the legislative
body. Disputes and difficulties will arise between
the two Houses, and between both and the States,
if the time be changeable. Frequent meetings of
parliament were required at the Revolution in
England, as an essential safeguard of liberty. So
also are annual meetings in most of the American
charters and constitutions. There will be business
enough to require it. The western country, and the
great extent and varying state of our affairs in gen-
eral, will supply objects.
Mr. Randolph was against fixing any day irrevo-
[• cably ; but as there was no provision made any
I where in the Constitution for regulating the periods
r of meeting, and some precise time must be fixed,
L until the Legislature shall make provision, he could
' not agree to strike out the words altogether. Instead
of which he moved to add the words following :
" unless a different day shall be appointed by law."
Mr. Madison seconded the motion ; and on the
question, — Massachusetts, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Caro-
lina, Georgia, aye — 8 ; New Hampshire, Connecti-
cut, no — 2.
Mr. GouvERNEDR MoHRis moved to strike out
" December," and insert " May." It might frequent-
ly happen that our measures ought to be influenced
by those in Europe, wliich were generally planned
I-MH
DEBATES I N THE
[1787.
during the winter, and of which intelligence would
arrive in the spring.
Mr. Madison seconded the motion. He preferred
May to December, because the latter would require
the travelling to and from the seat of government in
the most inconvenient seasons of the year.
Mr. Wilson. The winter is the most convenient
season for business.
Mr. Ellsworth. The summer will interfere too
much with private business, that of almost all the
probable members of the Legislature being more or
less connected with agriculture.
Mr. Randolph. The time is of no great moment
now, as the Legislature can vary it. On looking
into the Constitutions of the States, he found that
the times of their elections, with which the elections
of tlie National Representatives would no doubt be
made to coincide, would suit better with December
than May, and it was advisable to render our inno-
vations as little incommodious as possible.
On the question for "May" instead of "Decem-
Ijer," — South Carolina, Georgia, aye — 2 ; New Hamp-
shire, Massachusetts, Connecticut, Pennsylvania, Del-
aware, Maryland, Virginia, North Carolina, no — 8.
Mr. Reed moved to insert after the word, " Sen-
ate," the words, "subject to the negative to be here-
after provided." His object was to give an absolute
negative to the Executive. He considered this as
so essential to the Constitution, to the preservation
of liberty, and to the public welfare, that his duty
compelled him to make the motion.
Mr. GouvERNBUR Morris seconded him; and on
the question, —
1787,]
FEDERAL CONTENTION.
1249
G
k
L
Delaware, aye — 1 ; New Hampshire, Massachu-
setts, Connecticut, Pennsylvania, Maryland, Vir-
ginia, North Carolina, South Carolina, Georgia,
no— 9.
Mr. RcTLEDGE. Although it is agreed on all
hands that an annual meeting of the Legislature
should be made necessary, yet that point seems not
to be free from doubt as the clause stands. On this
suggestion, " once at least in every year," were in-
serted, nem. con.
Article 3, with the foregoing alterations, was
agreed to 7i€m. con., and is as follows : " The Legis-
lative power shall be vested in a Congress to con-
sist of two separate and distinct bodies of men, a
House of Representatives and a Senate. The Legis-
latxu-e shall meet at least once in every year ; and
such meeting shall be on the first Monday in De-
cember, unless a different day shall be appointed by
law. •"
Article 4, Sect, 1, was taken up.
Mr. GouvERNEUR Morris moved to strike out the
last member of the section, beginning with the
words, "qualifications of Electors," in order that
some other provision might be substituted which
would restrain the right of suffrage to freeholders.
Mr. FiTzsiMONs seconded the motion.
Mr. Williamson was opposed to it.
Mr. Wilson. This part of the Report was well
considered by the Committee, and he did not think
it could be changed for the better. It was difficult
to form any uniform rule of qualifications, for all the
States. Unnecessary innovations, he thought, too,
should be avoided. It would be very hard and disa-
Vol, I.— 79
"^
1250 DEBATES IN THE [1787.
greeable for the Hame persons, at the same time, to vote
for representatives in the State Legislature, and to
be excluded from a vote for those in the National
L^islature.
Mr. GouvERNEUR Morris. Such a hardship would
be neither great nor novel. The people are accus-
tomed to itj and not dissatisfied with it, in several of
the States. In some, the qualifications are different
for the choice of the Governor and of the Representa-
tives; in others, for different houses of the Legisla-
ture. Another objection against the clause, as it
stands, is, that it makes the qualifications of the Na-
tional Legislature depend on the will of the States,
which he thought not proper.
Mr. Ellsworth thought the qualifications of the
electors stood on the most proper footing. The
right of suffrage was a tender point, and strongly
guarded by most of the State Constitutions. The
people will not readily subscribe to the National
Constitution, if it should subject them to be disfran-
chised. The States are the best judges of the cir-
cumstances and temper of their own people.
Colonel Mason. The force of habit is certainly
not attended to by those gentlemen who wish for in-
novations on this point. Eight or nine States have
extended the right of suffrage beyond the freehold-
ers, What will the people there say, if they should
be disfranchised? A power to alter the qualifica-
tions, would be a dangerous power in the hands of
the Legislature.
Mr. Bdtler. There is no right of which the
people are more jealous than that of suffrage.
Abridgments of it tend to the same revolution as in
1787.]
FEDERAL CONVENTION.
1251
Holland, where they have at length thrown all pow-
er into the hands of the Senates, who fill up vacan-
cies themselves, and form a rank aristocracy.
Mr. Dickinson had a very different idea of the
tendency of vesting the right of suffrage in tlie freer-
holders of the country. He considered them as the
best guardians of liberty ; and tlie restriction of the
right to them as a necessary defence against the
dangerous influence of those multitudes without pro-
perty and without principle, with which our coun-
try, like all otLers, will in time abound. As to the
unpopularity of the innovation, it was, in his opin-
ion, chimerical. The great mass of our citizens is
composed at this time of freeholders, and will be
pleased with it.
Mr. Ellsworth. How shall the freeliold be de-
fined'? Ought not every man who pays a tax, to
vote for the representative who is to levy and dis-
pose of his money? Shall the wealtiiy merchants
and manufacturers, who will bear a full share of the
public burthens, be not allowed a voice in the impo-
sition of them ? Taxation and representation ought
to go together.
Mr. GoovERNEOR Morris. He had long learned
not to be the dupe of words, The sound of aris-
tocracy, therefore, had no effect upon him. It was
the thing, not the name, to which he was opposed;
and one of his principal objections to the Constitu-
tion, as it is now before us, is, that it threatens the
country with an aristocracy. The aristocracy will
grow out of the House of Representatives. Give
the votas to people who have no property, and they
will sell them to the rich, who will be able to buy
1252 DEBATES IN THE [1787.
them. We should not confine our attention to the
present moment. The time is not distant when
this country will abound with mechanics and man-
ufacturers, who will receive their bread from their
employers. Will such men be the secure and faith-
ful guardians of liberty ? Will they be the imprej;-
nable barrier against aristocracy ? He was as little
duped by the association of the words, "taxation
and representation." The man who does not give
his vote freely, is not represented. It is the man
who dictates the vote. Children do not vote. Why?
Because they want prudence ; because they have
no will of their own. The ignorant and the de-
pendent can be as little trusted with tlie public
interest. He did not conceive the difficulty of de-
fining "freeholders" to be insuperable. Still less
that the restriction could be unpopular. Nine-tenths
of the people are at present freeholders, and these
will certainly be pleased with it. As to merchants
&c., if they have wealth, and value the right, they
can acquire it. If not, they don't deserve it.
Col. Mason. We all feel too strongly the remains
of ancient prejudices, and view things too much
through a British medium. A freehold is the qualifi-
cation in England, and hence it is imagined to be
the only proper one. The true idea, in his opinion,
was, that every man having evidence of attachment
to, and permanent common interest with, the soci-
ety, ought to share in all its rights and privileges.
Was this qualification restrained to freeholders 1
Does no other kind of property but land e\ndence a
common interest in the proprietor? Does nothing
besides property mark a permanent attachment ?
1787.]
FEDERAL CONVENTION.
1253
Ought the merchant, the monied man, the parent of
a number of children whose fortunes are to be pur-
sued in his own country, to be viewed as suspicious
characters, and unworthy to be trusted with the
common rights of their fellow citizens 1
Mr. Madison. The right of suffrage is certainly
one of the fundamental articles of republican gov-
ernment, and ought not to be left to be regulated by
the Legislature. A gradual abridgment of this right
has been the mode in which aristocracies have
been built on the ruins of popular forms. Whether
the constitutional qualification ouglit to be a free-
hold, would with him depend much on the probable
reception such a change would meet with in the
I States, where the right was now exercised by every
description of people. In several of the States a
freehold was now the qualification. Viewing the
subject in its merits alone, the freeholders of the
country would be the safest depositories of republican
liberty. In future times, a great majority of the
people will not only be without landed, but any
other sort of property. These will either combine,
under the inlluence of their common situation — in
wliich case tlie rights of property and the public
liberty will not be secure in their hands — or, what
I is more probable, they will become the tools of op-
I ulcnce and ambition ; in which case, there will be
I equal danger on another side. The example of Eng-
I land has been misconceived (by Col. Mason.) A very
I small proportion of the Representatives are there
I chosen by freeholders. The greatest part are chosen
I by the cities and boroughs, in many of which the
■ qualification of suffrage is as low as it is in any one
1256 debates in the [178t.
Wednesday, AogcstSth.
In Co7weniion, — Article 4, sect. 1, being under
consideration, —
Mr. Mercer expressed his dislike of the whole
plan, and his opinion that it never could succeed.
Mr. GoRHAM. He had never seen any inconveni-
ence from allowing such as were not freeholders to
Tote, though it had long been tried. The elections
in Philadelphia, New York, and Boston, where the
merchants and mechanics vote, are at least as good
as those made by freeholders only. The case in
England was not accurately stated yesterday (by
Mr. Madison). The cities and large towns are not
the seat of Crown influence and corruption. These
prevail in the boroughs, and not on account of the
right which those who are not freeholders have to
vote, but of the smallness of the number who vote.
The people have been long accustomed to this right
in various parts of America, and will never allow it
to be abridged. We must consult their rooted pre-
judices if we expect their concurrence in our pro-
positions.
Mr. Mercer did not object so much to an election
by the people at large, including such as were not
freeholders, as to their being left to make their
choice without any guidance. He hinted that candi-
dates ought to be nominated by the State Legisla-
tures, **
On the question for agreeing to Article 4, Sect. 1,
it passed, nem. con.
Article 4, Sect. 2, was then taken up.
Colonel Mason was for opening a wide door for
1787.]
FEDERAL CONVENTION.
1257
emigrants ; but did not choose to let foreigners and
adventurers make laws for us and govern us. Citi-
zenship for three years was not enough fur ensuring
that local knowledge which ought to be possessed
by the representative. This was tiie principal
ground of his objection to so short a term. It might
also happen, that a rich foreign nation, for example
Great Britain, might send over her tools, who might
bribe their way into the Legislature for insidious
purposes. He moved tlmt " seven" years, instead of
"three," be inserted.
Mr. GoKvERKEuR MoRRis sccouded the motion;
and on the question, all the States agreed to it, ex-
cept Connecticut.
Mr. Sherman moved to strike out the word " resi-
dent" and insert " inhabitant," as less liable to mis-
construction.
Mr. Madison seconded the motion. Both were
Tague, but the latter least so in common acceptation,
and would not exclude persons absent occasionally
for a considerable time on public or private business.
Great disputes had been raised in Virginia concern-
ing the meaning of residence as a qualification of
representatives, which were determined more ac-
cording to the affection or dislike to the man in
question than to any fixed interpretation of the word.
Mr. Wilson preferred "inhabitant."
Mr. GouvERNECR MoBBis was opposed to both,
and for requiring nothing more than a freehold. He
quoted great disputes in New York occasioned by
these terms, which were decided by the arbitrary
will of the majority. Sucli a regulation is not ne-
cessary. People rarely choose a non-re-sident. It is
Vol. I.— 79*
1258 DEBATES IN THE [1787.
improper, as in the first branch, /Ac people at large,
not the States, are represented.
Mr. RuTLEDGE urged and moved, that a residence
of seven years should be required in the State
wherein the member should be elected. An emi-
grant from New England to South Carolina or
Georgia would know little of its affairs, and could
not be supposed to acquire a thorough knowlegde in
less time.
Mr. Read reminded him that we were now form-
ing a natimial government, and such a regulation
would correspond little with the idea that we were
one people.
Mr. Wilson enforced the same consideration.
Mr. Madison suggested the case of new States in
the west, which could have, perhaps, no representa-
tion on that plan.
Mr. Merceb. Such a regulation would present a
greater alienship than existed under the old feder^
al system. It would interweave local prejudices
and State distinctions, in the very Constitution
which is meant to cure them. He mentioned in-
stances of violent disputes raised in Maryland con-
cerning the term " residence."
Mr. Ellsworth thought seven years of residence
was by far too long a term : but that some fixed
term of previous residence would be proper. He
thought one year would be sufficient, but seemed
to have no objection to three years.
Mr. Dickinson proposed that it should read " in-
habitant actually resident for years." This
would render the meaning less indeterminate,
Mr. Wilson. If a short term should be inserted
1787.1
FEDERAL CONVENTION,
1259
in the blank, so strict an expression might be con-
strued to exclude the members of the Legislature,
who could not be said to be actual residents in their
States, whilst at the seat of the Gi-'neral Cov-
eroiiient.
Mr. Mercer. It would certainly exclude men,
whn had once been inhabitants, and returning from
residence elsewhere to resettle in tlieir original
Stale, although a want of the necessary knowledge
could not in such cases be presumed.
Mr. Mason thought seven years too long, but
would never agree to part with the principle. It is
a valuable principle. He thought it a defect in the
plan, that the Representatives would be too few to
bring with them all the local knowledge necessary.
If residence be not required, rich men of neighbour-
ing States may employ with success the means of
corruption in some particular district, and thereby
get into the public councils after having failed in
their own States. This is the practice in the bor-
oughs of England.
On the question for postponing in order to consider
Mr. Dickinson's mot on, —
Maryland, South Carolina, Georgia, aye — 3; New
Hampshire, Massachusetts, Connecticut, Sew Jersey,
Pennsylvania, Delaware, Virginia, North Carolina,
no— 8.
On the question for inserting "inhabitant," in
place of " resident," — agreed to, nem. con.
Mr. Ellsworth and Col. Mason moved to insert
" one year" for previous inhabitancy.
Mr. Williamson liked the Report as it stood. He
thought resident a good enough term. He was
I DEBATES IN THE [1787.
against requiring any period of previous residence.
New residents, if elected, will be most zealous to
conform to the will of their constituents, as their
conduct will be watched with a more jealous eye.
Mr. BcTLER and Mr, Kutledge moved "three
years," instead of " one year," for previous inhab-
itancy.
On the question for " three years," —
South Carolina, Georgia, aye — 2; New Hamp-
shire, Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, no — 9.
On the question for " one year," —
New Jersey, North Carolina, South Carolina,
Georgia, aye — 4 ; New Hampshire, Massachusetts,
Connecticut, Pennsylvania, Delaware, Virginia,
no — 6 ; Maryland, divided.
Article 4, Sect. 2, as amended in manner prece-
ding, was agreed to, nem. con. '"
Article 4, Sect. 3, was then taken up.
General Pinckney and Mr. Pincknev moved that
the number of Representatives allotted to South
Carolina be " six."
On the question, —
Delaware, North Carolina, South Carolina, Geor-
gia, aye — 4; New Hampshire, Massachusetts, Con-
necticut, New Jersey, Pennsylvania, Maryland, Vir-
ginia, no — 7.
The third section of Article 4, was then agreed to.
Article 4, Sect. 4, was then taken up.
Mr. WiLLUMsoN moved to strike out, "according
to the provisions hereinafter made," and to insert
1787.]
FEDERAL CONVENTION.
1261
k
the words " according to the rule hereafter to be
provided for direct taxation," — See Art. 7, Sect. 3.
On the question for agreeing to Mr. Williamson's
amendment, —
New Hamp-shire, Massachusetts, Connecticut,
Pennsylvania, Maryland, Virginia, North Carolina,
South Carolina, Georgia, aye — 9; New Jersey, Del-
aware, no — 2,
Mr. King wished to know what influence the vote
just passed was meant to have on the succeeding
part of the Report, concerning the admission of
slaves into the rule of representation. He could
not reconcile his mind to the Article, if it was to
prevent objections to the latter part. The admis-
sion of slaves was a most grating circumstance to
his mind, and he believed would be so to a great
part of the people of America. He had not made a
strenuous opposition to it heretofore, because lie had
hoped that this concession would have produced a
readiness, which had not been manifested, to strength-
en the General Government, and to mark a full confi-
dence in it. The Report under consideration had,
by the tenor of it, put an end to all those hopes. In
two great points the hands of the Legislature were
absolutely tied. The importation of slaves could
not be prohibited. Exports could not be taxed. Is
this reasonable? What are the great objects of the
general system? First, defence against foreign
invasion ; secondly, against internal sedition. Shall
all the States, then, be bound to defend each, and
shall each be at liberty to introduce a weakness
wliich will render defence more diflicult ? Shall one
part of the United States be bound to defend an-
1262
DEBATES IN THE
[ 1787.
other part, and that other part be at liberty, not
only to increase its own danger, but to withhold the
compensation for the burden 1 If slaves are to be
imported, shall not the exports produced by their
labor supply a revenue the better to enable the Gen-
eral Government to defend their masters ? There
was so much inequality and unreasonableness in all
tliis, that the people of the Northern States could
never be reconciled to it. No candid man could under-
take to justify it to them. He liad lioped that some
accommodation would have taken place on this sub-
ject ; that at least a time would have been limited
for the importation of slaves. He never could agree
to let them be imported without limitation, and then
be represented in the National Legislature. Indeed,
he could so little persuade himself of the rectitude
of such a practice, that he was not sure he could
assent to it under any circumstances. Atall events,
either slaves should not be represented, or exports
should be taxable.
]Mr. Sherman regarded the slave trade as iniqui-
tous ; but the point of representation having been
settled after much difficulty and deliberation, he did
not think himself bound to make opposition; espe-
cially as the present Article, as amended, did not
preclude any arrangement whatever on that point,
in another place of the Report.
Mr. Madison objected to one for every forty thou-
sand inhabitants as a perpetual rule. The future
increase of population, if the Union should be per-
manent, will render the number of Representatives
excessive.
Mr. GoRiiAM. It is not to be supposed that tim
1787.] FEDERAL CONVENTION. 1263
Government will laist so long as to produce this ef-
fect. Can it be supposed that this vast country, in-
cluding the western territory, will, one hundred and
fifty years hence, remain one nation?
Mr. Ellsworth. If tlie Government should con-
tinue so long, alterations may be made in the Con-
stitution in the manner proposed in a subsequent
article.
Mr. Sherman and Mr. Madison moved to insert
the words, "not exceeding," before the words, "one
for every forty thousand;" which was agreed to,
nan. con.
Mr. GouvERKEUR Morris moved to insert "free"
before the word " inhabitants." Much, he said,
would depend on this point. He never would con-
cur in upholding domestic slavery. It was a nefari-
ous institution, It was the curse of Heaven on the
States where it prevailed. Compare the free re-
gions of the Middle States, where a rich and noble
cultivation marks the prosperity and happiness of
the people, with the misery and poverty which over-
spread the barren wastes of Virginia, Maryland, and
the other States having slaves. Travel through the
whole continent, and you behold the prospect con-
tinually varying with the appearance and disappear-
ance of slavery. The moment you leave the East-
ern States, and enter New York, the effects of the
institution become visible. Passing through the Jer-
seys and entering Pennsylvania, every criterion of su-
perior improvement witnesses the change. Proceed
southwardly, and every step you take, through the
great regions of slaves, presents a desert increasing
with the increasing proportion of these wretched
1264
DEBATES IN THE
[ 1787.
beings. Upon what principle is it that the slaves
shall be computed in the representation'? Are they
men"? Then make tliem citizens, and let them
vote. Are they property? Why, then, is no other
property included? The houses in this city (Phila-
delphia) are worth more than all the wretched
slaves who cover the rice swamps of South Caroli-
na. The admission of slaves into the representa-
tion, when fairly explained, comes to this, that the
inhabitant of Georgia and South Carolina who goes
to the coast of Africa, and, in defiance of the most
sacred laws of humanity, tears away his fellow
creatures from their dearest connections, and damns
them to the most cruel bondage, shall have more
votes in a government instituted for protection of the
rights of mankind, than the citizen of Pennsylva-
nia or New Jersey, who views with a laudable hor-
ror so nefarious a practice. He would add, that
domestic slavery is the most prominent feature in
the aristocratic countenance of the proposed Consti-
tution. The vassalage of the poor has ever been
the favorite offspring of aristocracy. And what
is the proposed compensation to the Northern States,
for a sacrifice of every principle of right, of every
impulse of humanity? They are to bind them-
selves to march their militia for the defence of the
Southern States, for their defence against those very
slaves of whom they complain. They must supply
vessels and seamen, in case of foreign attack. The
Legislaturewill have indefinite power to tax them
"by excises, and duties on imports; both of which
> will fall heavier on them than on the Southern in-
habitants; for the Bohea tea used by a Northern
1787.]
FEDERAL COpI
126&
Ireeman will pay more tax than the whole consump-
tion of the miserable slave, wiiicli consists ot" noth-
ing more than his physical subsistence and the rag
that covers his nakedness. On the other side, the
Southern States are not to be restrained from im-
porting fresh supplies of wretched Africans, at once
to increase the danger of attack, and the difficulty
of defence [ nay, they are to be encouraged to it, by
an assurance of having their votes in the National
Government increased in proportion; and are, at
tlie same time, to have their exports and their slaves
exempt from all contributions for the public service.
Let it not be said, that direct taxation is to be pro-
portioned to representation. It is idle to suppose
that the General Government can stretch its hand
directly into the pockets of the people, scattered over
so vast a country. Tiiey can only do it through the
medium of exports, imports and excises. For what,
then, are all the sacrifices to be made ? He would
sooner submit himself to a tax for paying for all the
negroes in the United States, than saddle posterity
with such a Constitution.
Mr. Dayton seconded the motion. He did it, he
said, that his sentiments on the subject might ap-
pear, whatever might be the fate of the amendment.
Mr. Sherman did not regard the admission of the
negroes into the ratio of representation, as liable to
such insuperable objections. It was the freemen of
the Southern States who were, in fact, to be repre-
sented according to the taxes paid by them, and the
negroes are only included in tlie estimate of the
taxes. This was his idea of tlie matter.
Mr. PiNCKNEY considered the fisheries, and the
Vol. I.— 80
12(^6 DEBATES IN THE [1787.
Western frontier, as more burthensome to the
United States than the slaves. He thought this
could he demonstrated, if the occasion were a proper
one.
Mr. Wilson thought the motion premature. An
agreement to the clause would he no bar to the ob-
ject of it,
On the question, on the motion to insert " free '*
before " inhabitants," — New Jersey, aye — 1 ; New
Hampshire, Massachusetts, Connecticut, Pennsylva-
nia, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia, no — 10.
On the suggestion of Mr. Dickinson, the words,
"provided that each State shall have one represen-
tative at least," were added, }iem. con.
Article 4, Sect. 4, as amended, was agreed to, Tieni.
am.'*
Article 4, Sect. 5, was then taken up.
Mr. PiNcKNEV moved to strike out Sect. 5, as
giving no peculiar advantage to the House of Repre-
sentatives, and as clogging the Government. If the
Senate can be trusted with the many great powers
proposed, it surely may be trusted with that of ori-
ginating money bills.
Mr. GoRHAM was against allowing the Senate to
miginnte, but was for allowing it onlv to amend,
Mr. GonvERNEDR Morris. It is particularly prop-
er that the Senate should have the right of origina-
ting money bills. They will sit constantly, will
consist of a smaller number, and will be able to
prepare such bills with due correctness ; and so as
to prevent delay of business in the other House.
Col. Mason was unwilling to travel over this
1787.] FEDERAL CONVENTION, 1267
ground again. To strike out the section, was to
unhinge the compromise of which it made a part.
The duration of the Senate made it improper. He
does not object to that duration. On the contrary,
he approved of it. But joined with the smaliness
of the number, it was an argument against adding
ij^ to the other great powers vested in that body.
His idea of an aristocracy was, that it was the gov-
emmeni of the few over the many. An aristocratic
body, like the screw in mechanics, working its way
by slow degrees, and holding fast whatever it gains,
should ever be suspected of an encroaching ten-
dency. The purse-strings should never be put into
its hands.
Mr. Mercer considered the exclusive power of
originating money bills as so great an advantage,
that it rendered the equality of votes in the Senate
ideal and of no consequence.
Mr. Butler was for adhering to the principle
which had been settled.
Mr. Wilson was opposed to it on its merits, with-
out regard to the compromise.
Mr. Ellsworth did not think the clause of any
consequence ; but as it was thought of consequence
by some members from the larger States, he was
willing it should stand.
Mr. Madison was for striking it out ; considering
it as of no advantage to the large States, as fettering
the Government, and as a source of injurious alter-
cations between the two Houses.
On the question for striking out " Article 4, Sect.
5," — New Jersey, Pennsylvania, Delaware, Mary-
land, Virginia, South Carolina, Georgia, aye — ^7;
1268
DEBATES IN THE
flTST.
New Hampshire, Massachusetts, Connecticut, North
Carolina, no — 4.""
Adjourned.
Thdrsdat, Acgost 9th.
In Convention, — Article 4, Sect. 6, was taken up.
Mr. Randolph expressed his dissatisfation at the
disagreement yesterday to Sect. 5, concerning money
bills, as endangering the success of the plan, and ex-
tremely objectionable in itself; and gave notice that
he should move for a reconsideration of the vote.
Mr. Williamson said he had formed a like inten-
tion.
Mr, Wilson gave notice that he should move to
reconsider the vote requiring seven instead of three
years of citizenship, as a qualification of candidates
for the House of Representatives.
Article 4, Sections 6 and 7, were agreed to, nem.
Article 5, Sect. 1, was then taken up.
Mr. Wilson objected to vacancies in the Senate
1787.] FEDERAL CONVENTION. 1269
prevent inconvenient chasms in the Senate. In
some States the Legislatures meet but once a year.
As the Senate will have more power and consist of
a smaller number than the other House, vacancies
there will be of more consequence. The Executives
might be safely trusted, he thought, with the ap-
pointment for so short a time.
Mr. Ellsworth. It is only said that the Executive
nuxy supply vacancies. When the Legislative meet-
ing happens to be near, the power will not be ex-
erted. As there will be but two members from a
State, vacancies may be of great moment.
Mr. Williamson. Senators may resign or not
accept. This provision is therefore absolutely ne-
cessary.
On the question for striking out, '^ vacancies shall
be supplied by the Executive," — ^Pennsylvania, aye
— 1; New Hampshire, Massachusetts, Connecticut,
New Jersey, Virginia, North Carolina, South Caro-
lina, Greorgia, no — 8 ; Maryland, divided.
Mr. Williamson moved to insert, after " vacancies
shall be supplied by the Executives," the words,
" unless other provision shall be made by the Legis-
lature" (of the State).
Mr. Ellsworth. He was willing to trust the
Legislature, or the Executive of a State, but not to
give the former a discretion to refer appointments
for the Senate to whom they pleased.
On the question on Mr. Williamson's motion, —
Maryland, North Carolina, South Carolina, Greorgia,
aye, 4; New Hampshire, Massachusetts, Connecti-
cut, New Jersey, Pennsylvania, Virginia, no — 6.
Mr. Madison, in order to prevent doubts whether
^^ 1270
DEBATES IN THE [1787.
resignations could be made by Senators, or whether
they could refuse to accept, moved to strike out the
the words after "vacancies," and insert the words,
"happening by refusals to accept, resignations, or
otherwise, may be supplied by the Legislature of
the State in the representation of which such va-
cancies shall happen, or by the Executive thereof
until the next meeting of the Legislature."
Mr. GouvERNEDR MoRKis. This is absolutely ne-
cessary ; otherwise, as members cliosen into the
Senate are disqualified from being appointed to any
office by Sect. 9, of this Article, it will be in the
power of a Legislature, by appointing a man a
Senator against his consent, to deprive the United
States of his services.
ThemotionofMr.MADisoN was agreed to, ncm. co».
Mr. Randolph called for a division of the Section,
so as to leave a distinct question on the last words,
" each member shall have one vote." He wished
this last sentence to be postponed until the recon-
sideration should have taken place on Article 4,
Sect. 5, concerning money bills. If that section
should not be re-instated, his plan would be to vary
the representation in the Senate.
Mr. Strong concurred in Mr. Randolph's ideas on
this point.
Mr. Rrad did not consider the section as to
money-bills of any advantage to the larger States,
and had voted for striking it out as being viewed in
the same light by the larger States. If it was con-
sidered by them as of any value, and as a condition
of the equality of votes in the Senate, he had no ob-
jection to its being re-instated,
1787.] FEDERAL CONVENTION. 1271
Mr. Wilson, Mr. Ellsworth, and Mr. Madison,
urged, that it was of no advantage to the larger
States ; and that it might be a dangerous source of
contention between the two Houses. Ail the prin-
cipal powers of the National Legislature had some
relation to money.
Doctor Franklin considered the two clauses, the
originating of money bills, and the equality of votes
in the Senate, as essentially connected by the com-
promise which had been agreed to.
Colonel Mason said this was not the time for dis-
cussing this point. When the originating of money
bills shall be reconsidered, he thought it could be
demonstrated, that it was of essential importance to
restrain the right to the House of Representatives,
the immediate choice of the people.
Mr. Williamson. The State of North Carolina
had agreed to an equality in the Senate, merely in
consideration that money bills should be confined to
the other House : and he was surprised to see the
smaller States forsaking the condition on which
they had received their equality.
On the question on the first section, down to the
last sentence, — New Hampshire, Connecticut, New
Jersey, Delaware, Maryland, Virginia, Georgia,
aye — 7] Massachusetts, Pennsylvania,* North Car-
olina, no — 3 ; South Carolina, divided.
Mr. Randolph moved that the last sentence " each
member shall have one vote," be postponed.
It was observed that this could not be necessary ;
as in case the sanction as to originating money bills
* In the printed Joumil, PennejlTinia, aye.
' 1272
DEBATES IN THE
[171
sJiould not be reinstated, and a revision of the Con-
stitution sbould ensue, it would titill be proper that
the members should vote per capita. A postpone-
ment of the preceding sentence, allowing to each
State two members, would have been more proper.
Mr. Mason did not mean to propose a change of
this mode of voting -per capita, in any event. But
as there might be other modes proposed, he saw no
impropriety in postponing the sentence. Each State
may have two members, and yet may have unequal
votes. He said that unless the exclusive right of
originating money bills should be restored to the
House of Representatives, he shouldT-not from ob-
stinacy, but duty and conscience-oppose throughout
the equality of representation in the Senate.
Mr. GouvERNEi'R MoBBis. Such declarations were
he suppased, addressed to the smaller States, in or-
der to alarm them for their equality in the Senate,
and induce them, against their judgments, to concur
in restoring the section concerning money bills. He
would declare in his turn, that as he saw no pros-
pect of amending the Constitution of the Senate,
and considered the section relating to money bills as
intrinsically bad, he would adhere to the section es-
tablishing the equality, at all events.
Mr. Wilson. It seems to have been supposed by
some that the section concerning money bills is de-
sirable to the large States. The fact was, that two
of those States (Pennsylvania and Virginia) had
uniformly voted against it, without reference to any
other part of the system,
Mr. K.\NDOLPH urged, as Col. Ma.son had done, that
the sentence under consideration was connected
1787.] FEDERAL CONTENTION. 1273
with that relatmg to money bills, and might possibly
be affected by the result of the motion for reconsid-
ering the latter. That the postponement was there-
fore not improper.
On the question for postponing,/' each member
shall have one vote," —
Virginia, North Carolina, aye — 2 ; Massachusetts,
Connecticut, New Jersey, Pennsylvania, Delaware,
Maryland, South Carolina, Georgia, no — 8; New
Hampshire, divided.
The words were thein agreed to as part of the
section.
Mr. Randolph then gave notice that he should
move to reconsider this whole Article 5, Sect. 1, as
connected with the Article 4, Sect. 5, as to which he
had already given such notice.
Article 5, Sect. 2, was then taken up.
Mr. GrouvERNEUR MoRRis movcd to insert, after the
words, "immediately after," the following: "they
shall be assembled in consequence of;" which was
agreed to, mm. con., as was then the whole section.
Article 5, Sect. 3, was then taken up.
Mr. Gouverneur Morris moved to insert fourteen
instead of four years citizenship, as a qualification
for Senators ; urging the danger of admitting stran-
gers into our public councils.
Mr. PiNCKNEY seconded him.
Mr. Ellsworth was opposed to the motion^ as
discouraging meritorious aliens from emigrating to
this country.
Mr. PiNCKNEY. As the Senate is to have the
power of making treaties and managing our foreign
affairs, there is peculiar danger and impropriety in
VOL.I.^^0*
1274 DEBATES IN THE [1787.
opening ita door to those who have foreign attach-
ments. He quoted the jealousy of the Athenians
on this subject, wlio made it death for any stranger
to intrude his voice into their legislative proceedings.
Col. Mason highly approved of the policy of the
motion. Were it not that many, not natives of this
country, had acquired great credit during the Revo-
lution, he should be for restraining llie eligibility
into the Senate, to natives.
Mr. Madison was not averse to some restrictions
on this subject, but could never agree to the proposed
amendment. He thought any restriction, however,
in the Cons(i/«/!on unnecessary and improper; — un-
necessary, because the National Legislature is to
have the right of regulating naturalization, and can
by virtue tliereof fix different periods of residence,
as conditions of enjoying different privileges of citi-
zenship;— improper, because it will give a tincture
of illiberality to the Constitution ; because it will
put it out of the power of the national Legislature,
even by special acts of naturalization, to confer
the full rank of citizens on meritorious strangers ;
and because it will discourage the most desirable
class of people from emigratmg to the United
States. Should the proposed Constitution have the
intended effect of giving stability and reputation to
our Governments, great numbers of respectable
Europeans, men who loved liberty, and wish to par-
take its hlessmgs, will be ready to transfer their for-
tunes hither. All such would feel the mortification
of being marked with suspicious incapacitations,
■' 3ugh they should not covet the public honors. He
was not apprehensive that any dangerous number
1787.] FEDERAL CONVENTION. 1275
of strangers would be appointed by the State Legis-
latures, if they were left at liberty to do so : nor that
foreign powers would make use of strangers, as in-
struments for their purposes. Their bribes would
be expended on men whosQ circumstances would
rather stifle, than excite jealousy and watchfulness
in the public.
Mr. Butler was decidedly opposed to the admis-
sion of foreigners without a long residence in the
country. They bring with them, not only attach-
ments to other countries, but ideas of government so
distinct from ours, that in every point of view they
are dangerous. He acknowledged that if he him-
self had been called into public life within a short
time after his coming to America, his foreign habits,
opinions, and attachments, would have rendered him
an improper agent in public affairs. He mentioned
the great strictness observed in Great Britain ou
this subject.
Doctor Frankltn was not against a reasonable
time, but should be very sorry to see any thing like
illiberality inserted in the Constitution. The peo-
ple in Europe are friendly to this country. Even in
the country with which we have been lately at war,
we have now, and had during the war, a great many
friends, not only among the people at large, but in
both Houses of Parliament. In every other country
in Europe, all the people are our friends. We found
in the course of the Revolution, that many strangers
served us faithfully, and that many natives took part
against their country. When foreigners after look-
ing about for some other country in which they can
obtain more happiness, give a preference to ouis,.^
1276 DEEATESINTBE [ 1787.
is a proof of attachment which ouglit to excite our
coDfidence and affection.
Mr. Randolph did not know but it might be prob-
lematical whether emigrations to tins country were
on the whole useful or not ; but he could never agree
to the motion for disabling them, for fourteen years,
to participate in the public honors. He reminded
the Convention of the language held by our patriots
during the Revolution, and the principles laid down
in all our American Constitutions, Many foreigners
may liave fixed their fortunes among us, under the
faith of these invitations. All persons under this
description, with all others who would be affected
by such a regulation, would enlist themselves under
the banners of hostility to the proposed system. He
would go as far as seven years, but no further.
Mr. Wilson said he rose with feelings which were
perhaps peculiar ; mentioning ttie circumstance of
his not being a native, and the possibility, if the
ideas of some gentlemen should be pursued, of his
being incapacitated from holding a place under the
very Constitution which he had shared in the trust
of making. He remarked the illiberal complexion
which the motion would give to the system, and the
effect which a good system would have in inviting
meritorious foreigners among us, and the discourage-
ment and mortification they must feel from the
degrading discrimination now proposed. He had
himself experienced this mortification. On his re-
moval into Maryland, he found himself, from defect
of residence, under certain legal incapacities which
never ceased to produce chagrin, though he assured-
ly did not deshe, and would not have accepted, the
1787.] FEDERAL CONVENTION. 1277
m
offices to which they related. To be appointed to a
place may be matter of indifference. To be inca-
pable of being appointed, is a circumstance grating
and mortifying.
Mr. GouvERNEUR Morris. The lesson we are
taught is, that we should be governed as much by
our reason, and as little by our feelings, as possible.
What is the language of reason on this subject?
That we should not be polite at the expense of pru-
dence. There was a moderation in all things. It
is said that some tribes of Indians carried their hos-
pitality so far as to offer to strangers their wived and
daughters. Was this a proper model for us T He
would admit them to his house, he would invite
them to his table, would provide for them comforta-
ble lodgings, but would not carry the complaisance
so far as to bed them with his wife. He would let
them worship at the same altar, but did not, choose
to make priests of them. He ran over the privileges
which emigrants would enjoy among us, though
they should be deprived of that of bein^ eligible to
the great offices of government ; observing that they
exceeded the privileges allowed to foreigners in any
part of the world ; and that as every society, from a
great nation down to a club, had the right of de-
claring the conditions on which new members should
be admitted, there could be no room for complaint.
As to those philosophical gentlemen, those citizens
of the world, as they called themselves, he owned,
he did not wish to see any of them in our public
councils. He would not trust them. The men who
can shake off their attachments to their own coun-
try, can never love any other. These attachments
•^
1278 DEBATES IN THE [1787.
arc the wholesome prejudices which uphold all gov-
ernments. Admit a Frenchmari into your Senate,
and he will study to increase the commerce of
France : an Englishman and he will feel an equal
bias in favor of that of England. It has been said,
that the Legislatures will not choose foreigners, at
least improper ones. There was no knowing what
Legislatures would do. Some appointments made
by them proved that every thing ought to be appre-
hended from the cabals practised on such occasions.
He mentioned tiie case of a foreigner who left this
State in disgrace, and worked himself into an ap-
pointment from another to Congress.
On the question, on the motion of Mr. Godvernedr
Morris, to insert fourteen in place of four years, —
New Hampshire, New Jersey, South Carolina,
Georgia, aye — 4 ; Massachusetts, Connecticut, Penn-
sylvania, Delaware, Maryland, Virginia, North Car-
olina, no — 7.
On the question for thirteen years, moved by Mr.
GouVERNEUR MoRRis, it vvas negatived, as above.
On ten years, moved by General Pincknev, the
votes were the same.
Doctor Franklin reminded the Convention, that
it did not follow, from an omission to insert the re-
striction in the Constitution, that the persons in
question would be actually chosen into the Legisla-
ture.
Mr. Rdtledge. Seven years of citizenship have
been required for the House of Representatives.
Surely a longer time is requisite for the Senate
which will have more power.
Mr. Williamson. It is more necessary to guard
1787.] FEDERAL CONVENTION. 1279
the Senate in this case, than the other House. Bri-
bery and cabal can be more easily practised in llie
choice of the Senate which is to be made by the
Legislatures composed of a few men, than of the
House of Representatives who will be chosen by the
people.
Mr. Randolph will agree to nine years, with the
expectation that it will be reduced to seven, if Mr.
Wilson's motion to reconsider the vote fixing seven
years for the House of Representatives sliould pro-
duce a reduction of that period.
On the question for nine years, —
New Hampshire, New Jersey, Delaware, Virginia,
South Carolina, Georgia, aye — 6 ; Massachusetts,
Connecticut, Pennsylvania, Maryland, no — 4; North
Carolina, divided.
The term " resident" was struck out, and " inhabi-
tant" inserted, nem. con.
Article 5, Sect, 3, as amended, was then agreed
to, Tiem. con. "*
Article 5, Sect. 4, was agreed to, nem. con.
Article 6, Sect. 1 , was then taken up.
Mr. Madison and Mr. Gouverneur Morris moved
to strike out, " each House," and to insert, " the
House of Representatives ;" the right of the Legis-
latures to regulate the times and places, (fee, in the
election of Senators, being involved in the right of
appointing them ; which was disagreed to.
A division of the question being called for, it was
taken on the first part down to " but their provisions
concerning," &c.
The first part was agreed to, nem. con.
Mr. PiNCKNEv and Mr. Rutledgb moved to strike
DEBATES IN THE [1787.
out tbe remaining part, viz,, "but tlicir provisionB
concerning tliem may at any time be altered by the
Legislature of the United States." The States,
they contended, could and must be relied on in such
cases,
Mr. GonH.iM. It would be as improper to take
tliis power from the National Legislature, as to re-
strain the British Parliament from regulating the
circumstances of elections, leaving this business to
the counties themselves.
Mr. Madison. The necessity of a General Gov-
ernment supposes that the State Legislatures will
sometimes fail or refuse to consult the common in-
terest at the expense of their local convenience or
prejudices. The policy of referring the appointment
of the House of Representatives to the people, and
not to the Legislatures of the States, supposes that
tlie result will be somewhat influenced by the mode.
This view of the question seems to decide that the
Legislatures of the States ought not to have the un-
controlled right of regulating the times, places, and
manner, of holding elections. These were words
of great latitude. It was impossible to foresee all
the abuses that might be made of the discretionary
power. Whether the electors should vote by ballot,
or viva voce; should assemble at this place or that
place; should be divided into districts, or all meet
at one place; should all vote for all the Representa-
tives, or all in a district vote for a number allotted
to the district, — these and many other points would
depend on the Legislatures, and might materially
affect the appointments. Whenever the State Legis-
latures had a favorite measure to carry, they would
1787.]
FEDERAL CONVENTION.
1281
take care so to mould their regulations as to favor
the candidates they wished to succeed. Besides, the
inequality of the representation in the Legislatures
of particular States would produce a like inequality
in their representation in the National Legislature,
as it was presumable that the counties having the
power in the former case, would secure it to them-
selves in the latter. What danger could there be
in giving a controlling power to the National Legis-
lature? Of whom was it to consist? First, of a
Senate to be chosen by the State Legislatures. If
the latter, therefore could be trusted, their represent-
atives could not be dangerous. Secondly, of Repre-
sentatives elected by the same people who elect the
State Legislatures, Surely, then, if confidence is
due to the latter, it must be due to the former. It
seemed as improper in principle, though it might be
less inconvenient in practice, to give to the State
Legislatures this great authority over the election
of the representatives of the people in the General
legislature, as it would be to give to the latter a
like power over the election of their representa-
tives in the State Legislature.
Mr. King. If this power be not given to the
National Legislature, their right of judging of the
returns of their members may be frustrated. No
probability has been suggested of its being abused
by them. Although this scheme of erecting the
General Government on the authority of the State
Legislatures has been fatal to the Federal establish-
ment, it would seem as if many gentlemen still fos-
ter the dangerous idea.
Mr. GoiJVERNEOR MoBRis observed, that the States
Vol. I.— 81
1282 DEBATES IN THE [1787.
might make false returns, and then make no pn>-
Tisions for new elections.
Mr. Sherman did not know but it might be best
to retain the clause, though he had himself sufficient
confidence in the State Legislatures.
The motion of Mr. Pincknbt and Mr. Rdtlbdob
did not prevail.
The word " respectively" was inserted after the
word " State."
On the motion of Mr. Read, the word " their"
was struck out, and " regulations in such cases," in-
serted in place of " provisions concerning them," —
the claiise then reading : " but regulations, in each
of the foregoing cases, may, at any time, be made or
altered by the Legislature of the United States."
This was meant to give the national Legislature a
power not only to alter the provisions of the States,
but to make regulations, in case the States should
fail or refuse altogether. Article 6, Sect. 1, as thus
amended, was agreed to, nem. eon."
Adjourned.
1787.] FEDERAL CONVENTION. 1283
meet without any particular qualifications of pro-
perty; and if it should happe-n to consist of rich
men they might fix such qualifications as may be
too favorable to the rich ; if of poor men, an opposite
extreme might be run into. He was opposed to the
establishment of an undue aristocratic influence in
the Constitution, but hp thought it essential that the
members of the Legislature, the Executive, and the
Judges, should be possessed of competent property
to make them independent and respectable. It was
prudent, when such great powers were to be trusted,
to connect the tie of property with that of reputa-
tion in securing a faithful administration. The
Legislature would have the fate of the nation put
into their hands. The president would also have a
very great influence on it. The Judges would not
only have important causes between citizen and
citizen, but also where foreigners are concerned.
They will even be the umpires between the United
States, and individual States ; as well as between
one State and another. Were he to fix the quantum
of property which should be required, he should not
think of less than one hundred thousand dollars for
the President, half of that sum for each of the
Judges, and in like proportion for the members of
the National Legislature. He would, however, leave
the sums blank. His motion was, that the President
of the United States, the Judges, and members of
the Legislature, should be required to swear that
they were respectively possessed of a clear unin-
cumbered estate, to the amount of — — in the
case of the President, &c., &c.
Mr. RuTLEDGE seconded the motion ; observing,
1284 DEBATES IN THE [1787.
that the Committee had reported no qualificationf?,
because they could not agree on any among them-
selves, being embarrassed by the danger, on one
side of displeasing the people, by making them high,
and, on the other, of rendering them nugatory, by
making them low.
Mr. Ellsworth. The different circumstances of
different parts of the United States, and the prob-
able difference between the present and future cir-
cumstances of the whole, render it improper to have
either uniform or fixed qualifications. Make them
so high as to be useful in the Southern States, and
they will be inapplicable to the Eastern States.
Suit them to the latter, and they will serve no pur-
pose, in the former. In like manner, what may be
accommodated to the existing state of things among
us, may be very inconvenient in some future state
of tliem. He thought for these reasons, that it was
better to leave this matter to the Legislative discre-
tion, than to attempt a provision for it in the Con-
stitution.
Doctor Franklin expressed his dislike to every
thing that tended to debase the spirit of the common
people. If honesty was often the companion of
wealth, and if poverty was exposed to peculiar
temptation, it was not less true that the possession
of property increased the desire of more property.
Some of the greatest rogues he was ever acquainted -
with were the richest rogues. We should remember
the character which the Scripture requires in rulers,
that they should be men hating covetousness. This
Constitution will be much read and attended to in
Europe; and if it should betray a great partiality to
1787.] FEDERAL CONVENTION. 1285
the rick, will not only hurt us in the esteem of the
most liberal and enlightened men there, but dis-
courage the common people from removing to this
country.
The motion of Mr. Pinckney was rejected by so
general a no, that the States were not called.
Mr. Madison was opposed to the section, as vesting
an improper and dangerous power in the Legislature.
The qualifications of electors and elected were funda-
mental articles in a republican government, and
ought to be fixed by the Constitution. If the Legis-
lature could regulate those of either, it can by de-
grees subvert the Constitution. A Republic may be
converted into an aristocracy or oligarchy, as well by
limiting the number capable of being elected, as the
number authorized to elect. In all cases where the
representatives of the people will have a personal
interest distinct firom that of their constituents, there
was the same reason for being jealous of them, as
there was for relying on them with full confidence,
when they had a common interest. This was one
of the former cases. It was as improper as to allow
them to fix their own wages, or their own privileges.
It was a power, also, which might be made subser-
vient to the views of one faction against another.
Qualifications foimded on artificial distinctions may
be devised by the stronger in order to keep out par-
tizans of a weaker faction.
Mr. Ellsworth admitted that the power was not
unexceptionable ; but he could not view it as dan-
gerous. Such a power with regard to the electors
would be dangerous, because it would be much more
liable to abuse.
1286
DEBATES IN THE
[1787.
Mr. CfODTERNEcR MoRRis nioved to strike out,
" with regard to property," ia order to leave the Le-
gislature entirely at large.
Mr. Williamson. This would surely never be ad-
mitted. Should a majority of the Legislature be
composed of any particular description of men, of
iKwyen for example, which is no improbable suppo-
mtion, the future elections might be secured to their
own body.
Mr. Mambon observed that the British Parliament
possessed the power of regulating the qualiBcations,
both of the electors and the elected ; and the abuse
they had made of it was a lesson worthy of our at-
tention. They had made the changes, in both cases,
subservient to their own views, or to the views of
politicaJ or religious parties.
On the question on the motion to strike out,
" with regard to property," — Connecticut, New Jer-
sey, Pennsylvania, Creorgia, aye — 4; New Hamp-
shire, Massachusetts, Delaware,* Maryland, Virginia,
North Carolina, South Carolina, no — 7.
Mr. Rdtlbdgb was opposed to leaving the power
to the Legislature. He proposed that the qualifica-
1787.] FEDERAL CONVENTION. 1287
— New Hampshire, Massachusetts, Georgia, aye — 3 ;
Connecticut, New Jersey, Pennsylvania, Maryland,
Virginia, North Carolina, South Carolina, no— 7,*"
On motion of Mr. Wilson to reconsider Article 4,
•Sect. 2, so as to restore " three," in place of " seven,'*
years of citizenship, as a qualification for being elec-
ted into the House of Representatives, — Connecti-
cut, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, aye — 6 ; New Hampshire, Massa-
chusetts, New Jersey, South Carolina, Georgia,
no — 5.
Monday next was then assigned for the recon-
sideration ; all the States being aye, except Massa-
chusetts and Georgia.
Article 6, Sect. 3, was then taken up.
Mr. GoRHAM contended that less than a majority
in each House should be made a quorum ; otherwise
great delay might happen in business, and great in-
convenience from the future increase of numbers.
Mr. Mercer was also for less than a majority.
So great a number will put it in the power of a few,
by seceding at a critical moment, to introduce con-
vulsions, and endanger the Government. Examples
of secession have already happened in some of the
States. He was for leaving it to the Legislature to
fix the quorum, as in Great Britain, where the requi-
site number is small and no inconvenience has been
experienced.
Col. Mason. This is a valuable and necessary
part of the plan. In this extended country, embra-
cing so greiit a diversity of interests, it would be
dangerous to the diftant parts, to allow a small
Dumber of members of the two Houses to make
1288 DBBITBS IN THE [1787.
laws. The central States could always take care
to be on the spot ; and by meeting earlier than the
distant ones, or wearying their patience, and out-
staying ihem, could carry such measures as they
pleased. He admitted that inconveniences might
^ring irom the secessitm of a small number ; but he
had also known good produced by an apprehension
of it. He had known a paper emission prevented
by that cause in Virginia. He thought the Consti-
tution, as now moulded, was founded on sound pria-
ciplea, and was disposed to put into it extensive
powers. At the same time, he wished to guard
against abuses as much as possible. If the Legisla-
ture should be able to reduce the number at all, it
might reduce it as low as it pleased, and the United
States might be governed by a junto. A majority
of the number which had been agreed on, was so
few tliat he feared it would be made an objection
against the plan.
Mr. King admitted there might be some danger of
giving an advantage to the central States ; but was
of opinion that the public inconvenience, on the other
side, was more to be dreaded-
1787.1 FEDERAL CONVENTION. 1289
fatal. Besides other mischiefs, if a few can break
up a quorum, they may seize a moment when a par-
ticular part of the continent may be in need of im-
mediate aid, to extort) by threatening a secession,
some unjust and selfish measure.
Mr. Mercer seconded the motion.
Mr. King said he had just prepared a motion
which, instead of fixing the numbers proposed by
Mr. GouvERNEUR Morris as quorums, made those
the lowest numbers, leaving the Legislature at lib-
erty to increase them or not. He thought the future
increase of members would render a majority of the
whole extremely cumbersome.
Mr. Mercer agreed to substitute Mr. King's mo-
tion in place of Mr. Morris's.
Mr. Ellsworth was opposed to it. It would be
a pleasing ground of confidence to the people, that
no law or burthen could be imposed on them by a
few men. He reminded the movers that the Consti-
tution proposed to give such a discretion, with regard
to the number of Representatives, that a very incon-
venient number was not to be apprehended. The
inconvenience of secessions may be guarded against,
by giving to each House an authority to require the
attendance of absent members.
Mr. Wilson concurred in the sentiments of Mr.
Ellsworth.
Mr. Gerry seemed to think that some further pre-
cautions, than merely fixing the quorum, might be
necessary. He observed, that as seventeen would be
a majority of a quorum of thirty-three, and eight of
fourteen, questions might by possibility be carried in
the House of Representatives by two large States^ and
Vol. I.— 81*
1290
DEBATES IN THE
[1787.
in the Senate by the same States with the aid of
two small ones. He proposed that the number for
a quorum in the House of Representatives, should
not exceed fifty, nor be less than thirty-three; leav-
ing the intermediate discretion to the Lefjislature.
Mr. King. As tlie quorum could not be altered,
without the concurrence of the President, by less
than two-thirds of each House, he thought there
could be no danger in trusting the Legislature.
Mr. Carroll. This would be no security against
the continuance of the quorums at thirty-three, and
fourteen, when they ought to be increased.
On the question of Mr. King's motion, that not
less than thirty-three in tlie House of Representa-
tives, nor less than fourteen in the Senate should
constitute a quorum, which may be increased by a
law, on additions to the members in either House, —
Massachusetts, Delaware, aye — 2; New Hamp-
shire, Connecticut, New Jersey, Pennsylvania, Ma-
ryland, Virginia, North Carolina, South Carolina,
Georgia, no — 9.
Mr. Randolph and Mr. Madison moved to add to
the end of Article 6, Sect. 3, " and may he authorized
to compel the attendance of absent members, in
such manner, and under such penalties, as each
House may provide." Agreed to by all except
Pennsylvania, which was divided.
Article 6, Sect. 3, was agreed to as amended
nem. con.'^'
Sections 4 and 5, of Article 6, were then agreed
to, nem. con.
Mr. Madison observed that the right of expulsion
(Article 6, Sect, 6,) was too important to be exer-
h
1787.] FEDERAL COKVENTION. 1291
cised by a bare majority of a quorum ; and, in
emergencies of faction, mi^lit be dangerously abused.
He moved that, "with the concurrence of two-
thirds," might be inserted between " may" and
" expel."
Mr. Randolph and Mr. Mason approved the idea.
Mr. GoDVEnNEDR Morris. This power may be
safely trusted to a majority. To require more may
produce abuses on the side of the minority, A few
men, from factious motives, may keep in a member
who ought to be expelled.
Mr. Carroll thought that the concurrence of two-
thirds, at least, ought to be required.
On the question requiring two-thirds, in cases of
expelling a member, — ten States were in tlie af-
firmative; Pennsylvania, divided.
Article 6, Sect. 6, as thus amended, was then
agreed to, mm. con.'"
Article 6, Sect. 7, was then taken up.
Mr. GoovERNEDR MoRRis UTgcd, that if the Yeas
and Nays were proper at alt, any individual ought
to be authorized- to call for them ; and moved an
amendment to that effect. The small States may
otlierwise be under a disadvantage, and find it diffi-
cult to get a concurrence of one-fifth.
Mr. Randolph seconded the motion.
Mr. Sherman had rather strike out the Yeas and
Nays altogether. They have never done any good,
and have done much mischief. They are not proper,
as the reasons governing the voter never appear
along with them,
Mr. Ellsworth was of the same opinion.
1292
DEBATES IN THE
[1787.
Colonel Mason liked the section as it stood. It
was a middle way between two extremes.
Mr. GoRHAM was opposed to the motion for allow-
ing a single member to call the Yeas and Nays,
and recited the abuses of it in Massachusetts ; first,
in stuffing the Journals with them on frivolous occa-
sions ; secondly, in misleading the people, who never
know the reasons determining the votes.
The motion for allowing a single member to call
the Yeas and Nays, was disagreed to, jiem. con.
Mr. Carroll and Mr. Randolph moved to strike
out the words, "each House," and to insert the
words, " the House of Representatives," in Sect. 7,
Article 6 ; and to add to the section the words,
" and any member of the Senate shall be at liberty
to enter his dissent."
Mr. GouvERNEUR Morris and Mr. Wilson ob-
served, that if the minority were to have a right to
enter tlieir votes and reasons, the other side would
have a right to complain if it were not extended to
them : and to allow it to botli, would fill the
Journals, like the records of a court, with replica-
tions, rejoinders, &c.
On the question on Mr. Carroll's motion, to
allow a member to enter his dissent, — Maryland,
Virginia, South Carolina, aye — 3; New Hampshire,
Massachusetts, Connecticut, New Jersey, Pennsyl-
vania, Delaware, North Carolina, Georgia, no — 8.
Mr. Gerry moved to strikeout the words, " when
it sliall be acting in its legislative capacity," in
order to extend the provision to the Senate when
exercising its peculiar autlioritits; and to insert,
"except such parts thereof as in their judgment re-
FEDERAL CONVENTION.
1293
1787.]
quire secrecy," after the words " publish them." — (tt
was thought by others that provision should be
made with respect to these, when that part came
under consideration which proposed to vest those
additional authorities in the Senate.)
On this question for striking out the words,
" when acting in its legislative capacity," — Massa-
chusetts, Delaware, Maryland, Virginia, North Caro-
lina, South Carolina, Gleorgia, aye — 7 ; Connecticut,
New Jersey, Pennsylvjinia, no — 3; New Hampshire,
divided.
Adjourned.
Saturday, August 11th.
In Convention, — Mr. Madison and Mr. Rutledge
moved, " that each House shall keep a Journal of
its proceedings, and shall publish the same from
time to time; except such part of the proceedings
of the Senate, when acting not in its legislative
capacity, as may be judged by that House to require
secrecy."
Mr. Mercer. This unplies that other powers
than legislative will be given to the Senate, which
he hoped would not be given.
Mr. Madison and Mr. Rutledge's motion was dis-
agreed to, by all the States except Virginia.
Mr, Gerry and Mr. Sherman moved to insert,
after the words, " publish them," the following,
"except such as relate to treaties and military
operations." Their object was to give each House a
discretion in such cases. On this question, — Massa-
1294 DEBATES IN THE [1787.
chusetts, Connecticut, aye — 2; New Hampshire,
New Jersey, Peonsylvania, Delaware, Virginia,
North Carolina, South Carolina, Georgia, no— 8.
Mr. Ellswurth. As the claase is objectionable
in so many shapes, it may as well be struck out
•Itogether. The Legislature will not fail to publish
their proceedings from time to time. Tlie people
will call for it, if it sliould be improperly omitted.
Mr. Wilson thought the expunging of the clause
would be very improper. The people have a right
to know wliat their agents are doing or have done,
and it should not be in the option of the Legislature to
conceal their proceedings. Besides, as this is a
clause in the existing Confederation, the not retain-
ing it would furnish the adversaries of the reform
with a pretext by which weak and suspicious minds
may be easily misled.
Mr. Mason thought it would give a just alarm to
the people, to make a conclave of their Legislature.
Mr. Sherman thought tlie Legislature might be
trusted in this case, if in any.
On the qucstii»n on the first part of the section,
down to "publish them," inclusive, — it was agreed
to, nem. con.
On the question on the words to follow, to wit,
" except such parts tliereof as may in their judgment
require eecrecy," — Massachusetts, Connecticul, New
Jersey, Virginia, North Carolina, (Jeorgia, aye — 6;
Pennsylvania, Delaware, Maryland, South Carolina,
no — 4; New Hampshire, divided.
The remaining part, as to Yeas and Nays, was
agreed to, ?iem. co?i.
Article 6, Sect. 8, was then taken up.
FEDERAL CONVENTION.
1295
1787. 1
Mr. King remarked that the section authorized
the two Houses to adjourn to a new place. He
thought this inconvenient. The mut:ibility of place
had dishonored the Federal Government, and would
require as strong a cure as we could devise. He
thought a law at least should be made necessary to
a removal of the seat of government.
Mr. Madison viewed the subject in the same light,
and joined with Mr. King in a motion requiring a
law.
Mr. GouvERNEUR Morris proposed the additional
alteration by inserting the words, "during the ses-
sion, &c."
Mr. Spaight. This will fix the .seat of govern-
ment at New York. The present Congress will
convene them there in the first instance, and tliey
will never be able to remove ; especially if the Pres-
ident should be a Northern man.
Mr. GouvERNEUR Morris. Such a distrust is in-
consistent with all government.
Mr. Madison supposed that a central place for the
seat of government was so just, and would be so
much insisted on by the House of Representatives,
that though a law should be made requisite for the
purpose, it could and would be obtained. The ne-
cessity of a central residence of the Government
"Would be much greater under the new than old
Government, The members of the new Government
would be more numerous. They wouhl be taken
more from the interior parts of the States; they
would not, like members of the present Congress,
come so often from the distant States by water. As
the powers and objects of the new Government
1296
DEBATES IN THE
[iTsr:
would be far greater tiian heretofore, more private
indivitluals would have business calling them to the
seat of it ; and it was more necessary that the Gov-
ernment should be in that position from which it
could Contemplate with the most equal eye, and
sympathize most equally with every part of the
nation. These considerations, he supposed, would
extort a removal, even if a law were made neces-
sary. But in order to quiet suspicions, both within
and without doors, it might not be amiss to author-
ize the two Houses, by a concurrent vote, to adjourn
at their first meeting to the most proper place, and
to require thereafter the sanction of a law to their
removal,
The motion ■xvas accordingly moulded into the fol-
lowing form ; " the Legislature shall at their first as-
sembling determine on a place at which their future
sessions shall be held ; neither House shall afterwards,
during the session of the House of Representatives,
without the consent of the other, adjonrn for more
than three days ; nor shall they adjourn to any other
place than such as shall have been fixed by law,"
Mr. Gerry thought it would be wrong to let the
President check the will of the two Houses on this
subject at all.
Mr. Williamson supported t!ie ideas of Mr.
Spaight.
Mr. Carroll was actuated by the same appre-
hensions.
Mr. Mehcer. It will serve no purpose to require
the two Houses at their first meeting to fix on a
place. They will never agree.
After some further expressions from others deno^
1787.] FEDERAL CONVENTION. 1297
ting an apprehension that the seat of goTernment
might be continued at an improper place, if a law
should be made necessary to a removal, and after
the motion above stated, with another for re-com-
mitting the section, had been negatived, the section
was left in the shape in which it was reported, as to
this point The words, '^ during the session of the
Legislature," were prefixed to the eighth section;
and the last sentence, ^' but this regulation shall not
extend to the Senate when it shall exercise the
powers mentioned in the Article," struck oat
The eighth section, as amended, was then agreed to!
Mr. Randolph moved, according to notice, to re-
consider Article 4, Sect. 5, concerning money bills,
which had been struck out. He argued, — first, that
he had not wished for this privilege, whilst a pro-
portional representation in the Senate was in con-
templation : but since an equality had been fixed in
that House, the large States would require this com-
pensation at least. Secondly, that it would make
the plan more acceptable to the people, because
they will consider the Senate as the more aristo-
cratic body, and will expect that the usual guards
against its influence will be provided, according to
the example of Great Britain. Thirdly, the privir
lege will give some advantage to the House of Rep-
resentatives, if it extends to the originating only ;
but still more, if it restrains the Senate from amend-
ing. Fourthly, he called on the smaller States to
concur in the measure, as the condition by which
alone the compromise had entitled them to an
equality in the Senate. He signified that he should
propose, instead of the original section, a clause spe-
VoL. I.— 82
1298
DBBATEB IN THE
[1787.
cifjing that the bills in question should be for the
purpose of reveiiue, io order to repel the objection
against the extent of the words, "raising money"
which might happen incidentally ; and that the
Senate should not so amend or alter as to increase
or diminish the sum ; in order to obviate the incon-
veniences urged against a restriction of the Senate
to a simple affirmation or n^ative.
Mr. Williamson seconded the motion.
Mr. PiNCKNEY was sorry to oppose the opportunity
gentlemen asked to have the question again opened
for discussion, but as he considered it a mere waste
of time he could not bring himself to consent to it.
He said that, notwithstanding what had been said
as to the compromise, he always considered this sec-
tion as making no part of it. The rule of represen-
tation in the first branch was the true condition of
that in the second branch. . Several others spoke for
and against the reconsideration, but without going
into the merits.
On the question, to reconsider, —
New Hampshire, Massachusetts, Connecticut, New
1787.] FEDERAL CONVENTION. 1299
Monday, August 13th.
In ConoerUiony — ^Article 4, Sect. 2, being recon-
sidered,—
Mr. Wilson and Mr. Randolph moved to strike
out " seven years," and insert " four years," as the
requisite term of citizenship to qualify for the House
of Representatives. Mr. Wilson said it was very
proper the electors should govern themselves by this
consideration; but unnecessary and improper that
the Constitution should chain them down to it.
Mr. Gerry wished that in future the eligibility
might be confined to natives. Foreign powers will
intermeddle in our affairs, and spare no expense to
influence them. Persons having foreign attachments
will be sent among us and insinuated into our coun-
cils, in order to be made instruments for their pur-
poses. Every one knows the vast sums laid out in
Europe for secret services. He was not singular iu
these ideas. A great many of the most influential
men in Massachusetts reasoned in the same manner.
Mr. Williamson moved to insert nine years ijn-
slead of seven. He wished this country to acquire
as fast as possible national habits. Wealthy emi^
grants do more harm by their luxurious examples,
than good by the money they bring with them.
Colonel Hamilton was in general against embar-
rassing the Government with minute restrictions.
There was, on one side, the possible danger that had
been suggested^ On the other side, the advantage
4>f encouraging foreigners was obvious and admitted.
Persons in Europe of moderate fortunes will be ibnd
1300
DEBATES IN THE
insT.
of coming here, where they will be on a level with
the first citizens. He moved that the section be so
altered as to require merely " citizenship and inhab-
itancy." The right of determining the rule of natu-
ralization will then leave a discretion to the Legis-
lature on this subject, which will answer every pur-
pose.
Mr. Madison seconded the motion. He nnshed to
maintain the character of liberality which had been
professed in all the Constitutions and publications
of America. He wished to invite foreigners of merit
and republican principles among us. America was
uidebted to emigration for her settlement and pros-
perity. That part of America which had encour-
aged them most, had advanced most rapidly in pop-
ulation, agriculture and the arts. There was a pos-
sible danger, he admitted, that men with foreign
predilections might obtain appointments ; but it was
by no means probable that it would happen in
any dangerous degree. For the same reason that
they would be attached to their native country, our
own people would prefer natives of this country to
1787.] FEDERAL CONVENTION. 1301
the Atlantic ; yet it was at least among the foremost
in population and prosperity. He remarked that
almost all the general officers of the Pennsylvania
line of the late army were foreigners ; and no com-
plaint had ever been made against their fidelity or
merit. Three of her Deputies to the Convention
(Mr. R. Morris, Mr. Fitzsimons, and himself) were
also not natives. He had no objection to Colonel
Hamilton's motion, and would withdraw the one
made by himselC
Mr. Butler was strenuous against admitting for-
eigners into our public councils.
On the question on Colonel Hamilton's motion, —
Connecticut, Pennsylvania, Maryland, Virginia,
aye— 4 ; New Hampshire, Massaclmsetts^ New Jer-
sey, Delaware, North Carolina, South Carolina, Geor-
gia, no — 7.
On the question on Mr. Williamson's motion, to
insert " nine years," instead of " seven,"—
New Hampshire, South Carolina, Georgia, aye — 3;
Massachusetts, Connecticut, New Jersey, Pennsyl-
vania, Delaware, Maryland, Virginia, North Caroli-
na, no— 8.
Mr. Wilson renewed the motion for four years
instead of seven ; and on the question,—
Connecticut, Maryland, Virginia, aye — 3; New
Hampshire, Massachusetts, New Jersey, Pennsylva-
nia, Delaware, North Carolina, South Carolina, Greor-
gia, no — 8.
Mr. GouvERNEUR Morris moved to add to the end
of the section (Article 4, Sect. 2,) a proviso that the
limitation of seven years should not affect the rights
of any person now a citizen.
1302 DEBATBB IN THE [1787.
Mr. Mercer seconded the motion. It was nece**
sary, he said, to prevent a disfranchisement of per-
sons who had become citizens, under the faith and
according to the laws and Ck>nstitution, firom th^
actual level in all respects with natives.
Mr. RoTLEDGE. It njight as well be said that all
qualifications are disfranchisements, and that to re-
quire the age of twenty-five years was a disfran-
chisement. The policy of the precaution was as
great with regard to foreigners now citizens, as to
those who are to be naturalized in future.
Mr. Sherman. The United States have not iu-
Tited foreigners, nor pledged their faith that they
should enjoy equal privileges with native citizens.
The individual States alone have done this. The
former therefore are at liberty to make any discrim-
inations they may judge requisite.
Mr. GoRHAM. When foreigners are naturalized,
it would seem as if they stand on an equal footing
with natives. He doubted, then, the propriety of
giving a retrospective force to the restriction.
Mr. Madison animadverted on the peculiarity of
the doctrine of Mr. Sherman. It was a sublilty by
1787.] FEDERAL CONVBNTION. 1303
be made worse than the other class ? Are not the
States the agents ? Will they not be the members
of it? Did they not appoint this Convention? Are
not they to ratify its proceedings ? Will not the
new Constitution be their act ? If the new Consti-
tution^ then, violates the faith pledged to any de^
scription of people, will not the makers of it, will
not the States, be the violators ? To justify the
doctrine, it must be said that the States can get rid
of the obligation by revising the Constitution, though
they could not do it by repealing the law under which
foreigners held their privileges. He considered this
a matter of real importance. It would expose us
to the reproaches of all those who should be affected
by it, reproaches which would soon be echoed from
the other side of the Atlantic; and would unneces-
sarily enlist among the adversaries of the reform a
very considerable body of citizens. We should
moreover reduce every State to the dilemma of re-
jecting it, or of violating the faith pledged to a part
of its citizens.
Mr. GouvERNEUR Morris considered the case of
persons under twenty-five years of age as very dif*
ferent from that of foreigners. No faith could be
pleaded by the former in bar of the regulation. No
assurance had ever been given that persons under
that acre should be in all cases on a level with those
above it. But with regard to foreigners among us,
the faith had been pledged that they should enjoy
the privileges of citizens. If the restriction as to
age had been confined to natives, and had left for-
eigners under twenty-five years of age eligible in
1304
ATES IN THE
[1787.
this case, tbe discrimination would have been an
equal injustice on the other side.
Mr. PiNCKNEY remarked that the laws of the
States had varied much the terms of naturalization
in different parts of America ; and contended that
the United States could not be bound to respect
them on such an occasion as the present. It was a
sort of recurrence to first principles.
Col. Mason was struck, not, like Mr. Madison,
with the peculiarity, but the propriety, of the doctrine
of Mr. Sherman. Tlie States have formed different
qualifications themselves for enjoying different rights
of citizenship. Greater caution would be necessary
in the outset of the Government than afterwards.
All the great objects wonld then be provided for.
Every thing would be then set in motion. If per-
sons among us attached to Great Britain should
work themselves into our councils, a turn might be
given to our affairs, and particularly to our commer-
cial regulations, which might have pernicious conse-
quences. The great houses of British merchants
would spare no pains to insinuate the instruments of
their views into the Government,
Mr. Wilson read the clause in the Constitution of
Pennsylvania giving to foreigners, after two years*
residence, all the rights whatsoever of citizens; com-
bined it with the Article of Confederation making the
citizens of one State citizens of all, inferred the ob-
ligation Pennsylvania was under to maintain the
faith thus pledged to her citizens of foreign birth,
and the just complaint whicli her failure would au-
thorize. He observed, likewise, that the princes and
states of Europe would avail themselves of such
1787.] FEDERAL CONVENTION. 1305
•
breach of faith, to deter their subjects from emigra-
ting to the United States.
Mr. Mercer enforced the same idea of a breach
of faith. ^
Mr. Baldwin could not enter into the force of the
arguments against extending the disqualification to
foreigners now citiizens. The discrimination of the
place of birth was not more objectionable than that
of age, which all had concurred in the propriety of.
On the question on the proviso of Mr. Gouver-
neur Morris in favor of foreigners now citizens, —
Connecticut, New Jersey, Pennsylvania, Maryland,
Virginia, aye — 5 ; New Hampshire, Massachusetts,
Delaware, North Carolina, South Carolina, Georgia,
no — 6.
Mr. Carroll moved to insert "five" years, instead
of" seven" in Article 4, Sect. 2, — Connecticut, Mary-
land, Virginia, aye — 3; New Hampshire, Massa-
chusetts, New Jersey, Delaware, North Carolina,
South Carolina, Georgia, no — ^7; Pennsylvania, di-
vided.
The Section (Article 4, Sect. 2,) as formerly
amended, was then agreed to, nem. con.
Mr. Wilson moved that, in Article 5, Sect. 3,
nine years be reduced to seven ; which was dis-
agreed to, and the Article 5, Sect. 3, confirmed by
the following vote, — New Hampshire, Massachu-
setts, New Jersey, Delaware, Virginia, North Caro-
lina, South Carolina, Georgia, aye — 8 ; Connecticut,
Pennsylvania, Maryland, no — 3. **
Article 4, Sect. 5, being reconsidered, —
Mr. Randolph moved that the clause be altered
80 as to read : " Bills for raising money for the jmr-
Vol. I.— 82*
^^r 1306
pose of
DEBATES IN THE [1787.
pose of revenue, or for appropriating the same, shall
originate in the House ol' Representatives; and shall
not be so amended or altered by the Senate as to
increase or diminish the sum to be raised, or change
the mode of levying it, or the object of its appropria-
tion." He would not repeat his reasons, but barely
remind the members from tlie smaller States of the
compromise by which the larger States were entitled
to this privilege.
Colonel Mason. This amendment removes all the
objections urged against the section, as it stood at
first. By specifying pMTTJoses of revenue, it obviated
the objection that the section extended to all bills
under which money might incidentally arise. By
authoriaing amendments in the Senate, it got rid of
the objections that the Senate could not correct
errors of any sort, and that it would introduce into
the House of Representatives the practice of tacking
foreign matter to money bills. These objections
being removed, the arguments in favor of the pro-
posed restraint on the Senate ought to have their
full force. First, the Senate did not represent the
■people, but theS/rt/ej,in their political character. It
■was improper therefore that it should tax the
people. The reason was the same against their
doing it, as it had been against Congress doing it.
Secondly, nor was it in any respect necessary, in
order to cure the evils of our republican system.
He admitted that, notwithstanding the superiority
of the republican form over every other, it had its
evils. The chief ones were, the danger of the ma-
jority oppressing the minority, and the mischievous
influence of demagogues. The general government
1787,] FEDERAL CjONVBNTION. 1307
of itself will cure them. As the States will not
concur at the same time in their unjust and oppres*
sive plans, the General Goyemment will be able to
check and defeat them, whether they result from
the , wickedness of the majority, or from the mis-
guidance of demagogues. Again the Senate is not,
like the House of Representatives, chosen frequents
ly, and obliged to return frequently among . the
people. They are to be chosen by the States for
six years— ^will probably settle themselves at the
seat of government — will pursue schemes for their
own aggrandisement — will be able, by wearying
out the House of Representatives, and taking advan-
tage of their impatience at the close of a long session,
to extort measures for that purpose. If they should
be paid, as he expected would be yet determined
and wished to be so, out of the national treasury,
they will, particularly, extort an increase of their
wages. A bare negative was a very different thing,
from that of originating bills. The practice in Eng«
land was in point. The House of Lords does not
represent iior tax the people, because not elected by
the people. If the Senate can originate, they will
in the recess of the Legislative sessions, hatch their
mischievous projects, for their own purposes, and
have their money bills cut and dried (to use a com-
mon phrase) for the meeting of the House of Repre-
sentatives. He compared the case to Poyning's law,
and signified that the House of Representatives
might be rendered by degrees, like the parliament
of Paris, the mere depositary of the decrees of the
Senate. As to the compromise, so much had passed
on that subject that he would say nothing about it
1308 DEBATES IN TBS [1787.
He did not mean, by what lie had said, to oppose
the permaneacy of the Senate. On the contrary
he had no repugnance to an increase of it, nor to
allowing it a negative, though the Senate was not,
by its present constitution, entitled to it. But in
all events, he would contend that the purse strings
should be in the hands of the representatives of
the people.
Hr. Wilson was himself directly opposed to the
equality of votes granted to the Senate, by its pres-
ent constitution. At the same time he wished not
to multiply the vices of the system. He did not
mean to enlarge on a subject which had been so
much canvassed, but would remark, as an insupera-
ble objection against the proposed restriction of
money bills to the House of Representatives, that it
would be a source of perpetual contentions, where
there was no mediator to decide them. The Presi-
dent here could not, like the Executive Magistrate
in England, interpose by a prorogation, or dissolu-
tion. This restriction had been found pregnant with
altercation in every State where the constitution
had established it. The House of Representatives
1787.] FEDERAL CONVENTION. 1309
being thus reduced to the poor and disgraceful expe-
dient of opposing/ to the authority of a law, a protest
on their Journals against its being drawn into pre-
cedent. If there was any thing like Poyning's law
in the present case, it was in the attempt to vest the
exclusive right of originating in the House of Repre-
sentatives, and so far he was against it. He should
be equally so if the right were to be exclusively
vested in the Senate. With regard to the purse-
strings, it was to be observed that the purse was to
have two strings, one of which was in the hands of
the House of Representatives, the other in those of
the Senate. Both Houses must concur in untying,
and of what importance could it be, which untied
first, which last. He could not conceive it to be any
objection to the Senate's preparing the bills, that
they would have leisure for that purpose, and would
be in the habits of business. War, commerce and
revenue were the great objects of the General Grov-
emment. All of them are connected with money.
The restriction in favor of the House of Representa-
tives would exclude the Senate from originating any
important bills whatever.
Mr. Gerry considered this as a part of the plan
that would be much scrutinized. Taxation and
representation are strongly associated in the minds
of the people ; and they will not agree that any but
their immediate representatives shall meddle with
their purses. In short, the acceptance of the plan
will inevitably fail, if the Senate be not restrained
from originating money bills.
Mr. GouvERNEUR Morris. All the arguments sup-
pose the right to originate and to tax, to be exclur
DEBATES IN THE [1787.
Bively vested in the Senate. The effects commented
on, may be produced by a negative only in the Sen-
ate. They can tire out the other House, and extort
their concurrence in favorite measures, as well by
withholding; their negative, as by adhering to a bill
introduced by themselves.
Mr. Madison thought, if the substitute offered by
Mr. Randolph for the original section is to be adop-
ted, it would be proper to allow the Senate at least
so to amend as to diminish the sums to be raised.
Why should they be restrained from checking the
extravagance of the other House ? One of the
greatest evils incident to republican government
was the spirit of contention and faction. The pro-
posed substitute, which in some respects lessened
the objections against the section, had a contrary
effect with respect to this particular. U laid a
foundation for new difHculties and disputes between
the two Houses. The word revenue was ambiguous.
In many acts, particularly in the regulation of trade,
the object would be two-fold. The raising of reve-
nue would be one of them. How could it be deter-
mined which was the primary or predominant one;
or whether it was necessary that revenue should be
the sole object, in exclusion even of other incidental
effects? When the contest was first opened with
Great Britain, their power to regulate trade was
admitted, — their power to raise revenue rejected.
An accurate investigation of the subject afterwards
proved that no line could be drawn between the two
cases. The words amend or alter form an equal
source of doubt and altercation. When an obnox-
ious paragraph shall be sent down from the Senate
1787.] FEDERAL CONTENTION. 1311
to the House of Representatives, it will be called an
origination under the name of an amendment The
Senate may actually couch extraneous matter under
'- that name. In these cases, the question will turn
on the degree of connection between the matter and
object of the bill, and the altercation or amendment
offered to it. Can there be a more fruitful source
of dispute, or a kind of dispute more difficult to be
settled ? His apprehensions on this point were not
conjectural. Disputes had actually flowed from this
source in Virginia, where the Senate can originate
no bill. The words, "so as to increase or diminish
the sum to be raised/' were liable to the same ob-
jections. In levying indirect taxes, which it seemed
to be understood were to form the principal revenue
of the new Government, the sum to be raised, would
be increased or diminished by a variety of collateral
circumstances influencing the consumption, in gen-
eral,— ^the consumption of foreign or of domestic ar-
ticles,— of this or that particular species of articles,
— and even by the mode of collection which may be
closely connected with the productiveness of a tax.
The friends of the section had argued its necessity
from the permanency of the Senate. He could not
see how this argument applied. The Senate was
not more permanent now than in the form it bore in
the original propositions of Mr. Randolph, and at
the time when no objection whatever was hinted
against its originating money bills. Or if in conse-
quence of a loss of the present question, a propor-
tional vote in the Senate should be reinstated, as has
been urged as the indemnification, the permanency
of the Senate will remain the same. If the right to
1312
DEBATES IN THE
[ 1787.
originate be vested exclusively in the House of Rep-
resentatives, either the Senate must yield, agaiost
its judgment, to that House, — in which case the
utility of the check will be lost, — or the Senate will
be inflexible, and the House of Representatives must
adapt its money bill to the views of the Senate ; in
which case the exclusive right will be of no avail.
As to the compromise of which so much had been
said, he would make a single observation. There .
were five States which had opposed Die equality of
votes in the Senate, viz, Massachusetts, Penosylva-
sia, Virginia, North Carolina, and Scuith Carolina.
As a compensation for the sacrifice extorted from
them on this head, the exclusive origination c^ money
bills in the other House had been tendered. Of the
five States a majority, viz, Pennsylvania, Virginia,
and South Carolina, have uniformly voted against
the proposed compensation, on its own - merits, as
rendering the plan of government still more objec-
tionable. Massachusetts has been divided. North
Carolina alone' has set a value on the compensation,
and voted on that principle. What obligation, then,
can the small States be under to concur, against
1.787.]
FEDERAL CONVENTION.
1313
then, our guide. And has not experience verified
the utility of restraining money bills to the immedi-
ate representatives of the people? Whence the ef-
fect may have proceeded, he could not say: whether
from tlie respect with which this privilege inspired
the other branches of government, to the House of
Commons, or from the turn of thinking it gave to
the people at large with regard to their rights ; but
the effect was visible and could not be doubted.
Shall we oppose, to this long experience, the short
experience of eleven years which we had ourselves
on this subject. As to disputes, they could not be
avoided any way. If both Houses should originate,
each would have a different bill to which it would
be attached, and for which it would contend. He
observed that all the prejudices of the people would
be offended by refusing this exclusive privilege to
the House of Representatives, and these prejudices
should never be disregarded by us when no essential
purpose was to be served. When this plan goes
forth, it will be attacked by the popular leaders.
Aristocracy will be the watchword, the Shibboleth,
among its adversaries. Eight States have inserted
in their Constitutions the exchisive right of origina-
ting money bills in favor of the popular branch of
the Legislature. Most of them, however, allowed
the other branch to amend, This, he thought, would
be proper for us to do.
Mr. Randolph regarded this point as of such con-
sequence, that, as he valued the peace of this coun-
try, he would press the adoption of it. We had nu-
merous and monstrous difficulties to combat. Surely
we ought not to increa.se them. When the people be-
Vol. I.— 83
1314
[1787.
hold in the Senate the countenance of an aristocracy,
and in the President the form at least of a little
monarch, will not tlieir alarms be sufficiently raised
without taking from their immediate representatives
a right which has been so long appropriated to them?
The Executive will have more influence over the
the Senate, than over the House of Representatives.
Allow the Senate to originate in this case, and that
influence will be sure to mix itself in their delibera-
tions and plans. The declaration of war, he con-
ceived, ought not to be in the Senate, composed of
twenty-six men only, but rather in the other House.
In the other House ought to be placed the origina-
tion of the means of war. As to commercial regu-
lations which may involve revenue, the difficulty may
be avoided by restraining the definition to bills for
the mere or sole purpose of raising revenue. The
Senate will be more likely to be corrupt than the
House of Representatives, and should therefore have
less to do with money matters. His principal object,
however, was to prevent popular objections against
the plan, and to secure its adoption.
Mr. RuTLEDGE. The friends of this motion are
not consistent in their reasoning. They tell us
that we ought to be guided by the long experience
of Great Britain, and not our own experience of
eleven years; and yet they themselves propose to
depart from it. The Hotise of Commons not only
liave the exclusive right of originating, but the Lords
are not allowed to alter or amend a money bill.
Will not the people say that this restriction is but a
mere tub to the whale ? They cannot but see that
it is of no real consequence ; and will be more likely
1787.]
FEDERAL CONVENTION,
1315
I pre
to be displeased with it as an attempt to bubble
them than to impute it to a watchfulness over their
rights. For his part, he would prefer giving the
exclusive right to the Senate, if it was to be given
exclusively at all. The Senate being more conver-
sant in business, and having more leisure, will digest
the bills much better, and as they are to have no
effect, till examined and approved by the House of
Representatives, there can be no possible danger.
These clauses in the Constitutions of the States had
been put in through a blind adherence to the British
model. If the work was to be clone over now, they
would be omitted. The experiment in South Caro-
lina, where the Senate cannot originate or amend
money bills, has shown that It answers no good pur-
pose; and produces the very bad one of continually
dividing and heating the two Houses. Sometimes,
indeed, if the matter of the amendment of the Sen-
ate is pleasing to the other House, they wink at the
encroachment ; if it be displeasing, then the Consti-
tution is appealed to. Every session is distracted
by altercations on this subject. The practice now
becoming frequent is for the Senate not to make
formal amendments, but to send down a schedule
of the alterations which will procure the bill their
assent.
Mr. Carroll. The most ingenious men in Mary-
land are puzzled to define the case of money-bills, or
explain the Constitution on that point; though it
seemed to be worded with all possible plainness and
precision. It is a source of continual difficulty and
squabble between the two Houses.
Mr. McHenry mentioned an instance of extraor-
1316
DEBATES IN THE
[1787.
dinary subterfuge, to get rid of the apparent force of
the Constitution.
On the question on the first part of the motion, as
to the exchisive originating of money-bills in the
House of Representatives, —
New Hampshire, Massachusetts, Virginia, (Mr.
Blair and Madisox, no; Mr. Randolph, Colonel
Mason, and General Washington,* aye;) North
Carolina, aye — 4; Connecticut, New Jersey, Penn-
sylvania, Delaware, Maryland, South Carolina, Geor-
gia, no — 7.
On the question on originating by the House of
Representatives, and amending by the Senate, as
reported, Article 4, Sect, 5, —
New Hampshire, Massachusetts, Virginia,t North
Carolina, aye — 4; Connecticut, New Jersey, Penn-
sylvania, Delaware, Maryland, South Carolina,
Georgia, no — 7.
On the question on the last clause of Article 4,
Sect. 5, viz., "No money shall be drawn from the
public treasury, but in pursuance of appropriations
that shall originate in the House of Representa-
tives," it passed in the negative, —
Massachusetts, aye — 1 ; New Hampshire, Con-
necticut, New Jersey, Pennsylvania, Delaware, Ma-
ryland, Virginia, North Carolina, South Carolina,
Georgia, nO'^lO.**
Adjourned.
*Ho diatpproTfid, uid till now rated agunsl, the mclugiie privilege. Hs
ive up Ilia judgmenl, he uid, because il wu DOI of verj mstehil weighl with
m, uid WIS mide an esacDtia] point witb olhen, who, if diaappointed, tuighl b«
at cordiil in other points at real weight,
t In the printed Joumal, Viigiiiia, no.
1787.]
FEDERAL CONVENTION.
Tuesday, Acgdst 14th.
In Comention, — Article 6, Sect. 9, was taken up.
Mr. PiNCKNEY argued that the making the mem-
bers ineligible to offices was degrading to them, and
the more improper as their election into the Legisla-
ture implied that they had the confidence of the
people ; that it was inconvenient, because the Senate
might be supposed to contain the fittest men. He
hoped to see that body become a school of public
ministers, a nursery of statesmen. That it was im-
politic, because the Legislature would cease to be a
magnet to the first talents and abilities. He moved
to postpone the section, in order to take up the fol-
lowing proposition, viz., " the members of each House
shall be incapable of holding any office under the
United States, for which they, or any others for
their benefit, receive any salary, fees, or emoluments
of any kind ; and the acceptance of such office shall
vacate their seats respectively."
General Mifflin seconded the motion.
Colonel Mason ironically proposed to strike out
tlie whole section, as a more effectual expedient for
encouraging that exotic corruption which might not
otherwise thrive so well in the American soil; for
completing that aristocracy which was probably in
the contemplation of some among us; and for invi-
ting into tlie legislative service those generous and
benevolent characters, who will do justice to each
other's merit, by carving out offices and rewards for
it. In the present state of American morals and man-
ners, few friends, it may be thouglit, will be lost to
1318
DEBATES IN THE
[1787.
the plan, by tlie opportunity of giving premiums to a
mercenary and depraved ambition.
Mr. IMercer. It is a first principle in political
science, that whenever the rigiits of property are
secured, an aristocracy will grow out of it. Elec-
tive governments also necessarily become aristocrat-
ic, because the rulers being few can and will draw
emoluments for themselves from the many. The
governments of America will become aristocracies.
They are so already. The public measures are cal-
culated for the benefit of the governors, not of the
people. The people are dissatisfied, and complain.
They change their rulers, and the public measures
are changed, but it is only a change of one scheme
of emolument to the rulers, for another. The peo-
ple gain nothing by it, but an addition of instability
and uncertainty to their other evils. Governments
can only be maintained by fwce or influence. The
Executive has not force — deprive him of influence,
by rendering the members of the Legislature ineli-
gible to Executive offices, and he becomes a mere
phantom of authority. The aristocratic part will
not even let him in for a share of the plunder. The
Legislature must and will be composed of wealth
and abilities, and the people will be governed by a
junto. The Executive ought to have a Council, be-
ing members of both Houses. Without such an in-
fluence, the war will be between the aristocracy and
the people. He wished it to be between the aristoc-
racy and the Executive, Nothing else can protect
the people against those speculating Legislatures,
which are now plundering them throughout the
United States. •"
FEDERAL CONVENTION.
Mr. Gebrt read a resolution of the Legislature
of Massachusetts, passed before the act of Congress
recommending the Convention, in which her depu-
ties were instructed not to depart from the rotation
established in the fifth Article of the Confederation ;
nor to agree, in any case, to give to the membtrs of
Congress a capacity to hold offices under the govern-
ment. This, he said, was repealed in consequence
of the act of Congress, with which the State thought
it proper to comply in an unqualified manner. The
sense of the State, however, was still the same. He
could not think with Mr. Pinckney, that the disquali-
fication was degrading. Confidence is the road to
tyranny. As to ministers and ambassadors, few of
them were necessary. It is the opinion of a great
many that they ought to be discontinued on our part,
that none may be sent among us; and that source
of influence shut up. If the Senate were to appoint
ambassadors, as seemed to be intended, they will
multiply embassies for their own sakes, He was
not so fond of those productions, as to wish to estab-
lish nurseries for them. If they are once appointed,
the House of Representatives will be obliged to pro-
vide salaries for them, whether they approve of the
measures or not. If men will not serve in the
Legislature without a prospect of such offices, our
situation is deplorable indeed. If our best citizens
are actuated by such mercenary views, we had
better choose a single despot at once. It will be
more easy to satisfy the rapacity of one than of
many. According to tlie idea of one gentleman,
(Mr. Mebcer), our government, it seems, is to be a
government of plunder. In that case, it certainly
1320
DEBATES IN THE
[1787.
would be prudent to have but one, rather than
many to be employed in it. We cannot be too cir-
cumspect in the formation of this system. It will
be examined on all sides, and with a very suspicious
eye. The people, who have been so lately in aruis
against Great Britain for their liberties, will not
easily give them up. He lamented the evils existing,
at present, under our governments ; but imputed
tliem to the faults of those in office, not to the
people. The misdeeds of the former will produce a
critical attention to the opportunities aflbrded by
tlie new system to like or greater abuses. As it
now stands, it is as complete an aristocracy as ever
was framed. If great powers should be given to
the Senate, we shall be governed in reality by a
junto, as has been apprehended. He remarked
that it would be very differently constituted from
Congress. In the first place, there will be but
two Deputies from each State; in Congress there
may be seven, and are generally five. In the
second place, they are chosen for six years ; those
of Congress annually. In the third place, they
are not subject to recall; those of Congress are.
And finally, iu Congress nme States are necessary
for all great purposes ; here eight persons will suffice.
Is it to be presumed that the people will ever agree
to such a system 7 He moved to render the mem-
bers of the House of Representatives, as well as of
the Senate, ineligible, not only during, but for
one year aller the expiration of, their terms. If it
should be thought that this will injure the Legisla-
ture, by keeping out of It men of abilities, who are
willing to serve in other offices, it may be reiiiured
1787.]
FEDERAL CONTENTION.
1321
as a qualificatioD for other offices, that the candi-
date shall hare serred a certaiD time in the Legisla-
Pture.
Mr. GocvEnNEUB Morris. Exclude the officers
of the Army aod Navy, and you form a hand having
a different interest from, and opposed to, the civil
power. You stimulate them to despise and re-
proach those " talking Lords wiio dare not face the
fije." Let this spirit be roused at the end of a war,
before your troops shall have laid down their arms,
and though the civil authority be "entrenched in
parchment to the teeth," they will cut their way
to it. He was against rendering the members of
the Legislature inehgjble to offices. He was for
rendering them eligible again, after having vacated
their seats by accepting ofiice. Why should we not
avail ourselves of tlieir services if the people choose
to give them their confidence? There can be little
danger of corruption, either among the people, or the
Legislatures, who are to be the electors. If they
say, we see their merits — we honor the men — we
choose to renew our confidence in them ; have tliey
not a right to give them a preference — and can
they be properly abridged of it?
Mr. Williamson introduced his opposition to the
motion, by referring to the question concerning
"money bills." That clause, he said, was dead. Its
ghost, he was afraid, would, notwithstanding, haunt
us. It had been a matter of conscience with him,
to insist on it, as long as there was hope of retaining
it. He had swallowed the vote of rejection with
reluctance. He could not digest it. All that was
said, on the other side, was, that the restriction was
Vol. I.— 83 •
1322
DEBATES IN THE
[1787.
hot convenient. We have now got a House of Lords
yrhich is to originate money bills. To avoid another
tnconvenience, we are to have a whole Legislature,
at liberty to cut out offices for one another. He
'thought a self-denying ordinance for ourselves, would
be more proper. Bad as the Constitution has been
made by expunging the restriction on the Senate
concerning money bills, he did not \vish to make it
worse, by expunging the present section. He had
scarcely seen a single corrupt measure in the Legis-
lature of North Carolina, which could not be traced
up to office hunting,
Mr. Sherman. The Constitution should lay as
few temptations as possible in the way of those in
power. Men of abilities will increase as the country
grows more populou.s, and as tlie means of education
are more diffused.
Mr. PiNCENET. No State has rendered the mem-
bers of the Legislature ineligible to offices. In
South Carolina the Judges are eligible into the Le-
gislature. It cannot be supposed, then, that the mo-
tion will be offensive to the people. If tlie State
Constitutions should be revised, he believed restric-
tions of this sort would be rather diminished than
multipled.
Mr. Wilson could not approve of the section as it
stood, and could not give up his judgment to any
supposed objections that might arise among the peo-
ple. He considered himself as acting and respon-
sible for the welfare of millions, not immediately
represented in this House. He had also asked him-
self the serious question, what he should say to his
constituents, in case they should call upon him to
1787.] PEDERAL CONVENTION. 1323
tell them, why he sacrificed his own judgment in a
case where they authorized him to exercise iti
Were he to own to them that he sacrificed it In order
to flatter their prejudices, he should dread the retort
— did you suppose the people of Pennsylvania had
not good sense enough to receive a good govern-
ment'! Under this impression, he should certainly
follow his own judgment, which disapproved of the
section. He would remark, in addition to the objec-
tions urged against it, that as one branch of the Legis-
lature was to be appointed by the Legislatures of the
States, the other by the people of the States ; as
both are to be paid by the States, and to be ap-
pointable to State offices; nothing seemed to he
wanting to prostrate the National Legislature, but
to render its members ineligible to national offices,
and by that means take away its power of attract-
ing those talents which were necessary to give
weight to the Government, and to render it useful
to the people. He was far from thinking the ambi-
tion which aspired to offices of dignity and trust an
ignoble or culpable one. He was sure it was not
politic to regard it in that light, or to withhold from
it the prospect of those rewards which might engage
it in the career of public service. He observed that
the State of Pennsylvania, which had gone as far as
any State into the policy of fettering power, had not
rendered the members of the Legislature ineligible
to offices of government.
Mr. Ellsworth did not think the mere postpone-
ment of the reward would be any material discour-
agement of merit. Ambitious minds will serve two
yean, or seven years in the Legislature, for tiie
13S4 ' DEBATES IN THE [1787,
sake of qualifying themselves for other offices. This
bethought a sufficient security for obtaining the ser-
Tices of the ablest men in the Legislature ; although,
whilst members, they should be ineligible to public
offices. Besides, merit will be most encouraged,
when most impartially rewarded. If rewards are
to circulate only within the Legislature, merit out of
it will be discouraged.
Mr. Mekcer was extremely anxious on this point.
What led to the appointment of this Convention?
The corruption and mutability of the legislative
councils of the States. If the plan does not remedy
these, itwiltnotrecominenditself;and weshallnot be
able in our private capacities to support and enforce
it : nor will the best part of our citizens exert them-
selves for the purpose. It is a great mistake to sup-
pose that the paper we are to propose, will govern
the United States. It is the men whom it will
bring into the Government, and interest in maintain-
ing it,thataretogovern them. The paper will only
mark out the mode and the form. Men are the sub-
stance and must do the business. All government
must be by force or influence. It is not the King of
France, but 200,000 janissaries of power, that gov-
ern that kingdom. There will be no such force
here; influence, then, must be substituted; and he
would ask, whether this could be done, if the mem-
bers of tlie Legislature should be ineligible to offices
of State; whether such a disqualiflcation would not
determine all the most influential men to stay at
home, and prefer appointments within their respect-
ive States.
Mr. Wilson was by no means satisfied with the
1TO7,] FEDERAL CONVENTION. 1325
answer given by Mr. Ellsworth to the argument as
to the discouragement of merit. The members must
either go a second time into the Legislature, and dis-
qualify themselves ; or say to their constituents, v^e
served you before only from the mercenary view of
qualifying ourselves for offices, and having answered
this purpose, we do not choose to be again elected.
Mr. GouvERNEUR Morris put the case of a war,
and the citizen most capable of conducting it hap-
pening to be a member of the Legislature. What
might have been the consequence of such a regula-
tion at the commencement, or even in the course, of
the late contest for our liberties ?
On the question for postponing, in order to take
up Mr. PiNCKNEv's motion, it was lost, — ^New Hamp-
shire, Pennsylvania, Delaware, Maryland, Virginia,
aye — 5; Massachusetts, Connecticut, New Jersey,
North Carolina, South Carolina, no — 5; Georgia,
divided
Mr. GouvERNEUR Morris moved to insert, after
" office," " except offices in the Army or Navy : but,
in that case, their offices shall be vacated."
Mr. Broom seconds him.
Mr. Randolph had been, and should continue, uni-
formly opposed to the striking out of the clause, as
opening a door for influence and corruption. No
arguments had made any impression on him, but
those which related to the case of war, and a co-
existing incapacity of the fittest commanders to be
employed. He admitted great weight in these, and
would agree to the exception proposed by Mr. Gouv-
erneur Morris.
Mr. Butler and Mr. Pinckney urged a general
132§^
DEBATES IN THE
[1787.
postjwnement of Article 6, Sect. 9, till it should be
Been what powers would be vested in the Senate,
when it would be more easy to judge of the expedi-
ency of allowing the officers of State to be chosen
out of tliat body.
A general postponement was agreed to, nem. con^
Article 6, Sect. 10, was then taken up, — " that
members be paid by their respective States."
Mr. Ellsworth said, that in reflecting on this
subject, he had been satisfied, that too much de-
pendence on the States would be produced by this
mode of payment. He moved to strike it out, and
insert, " that they should be paid out of the treasury
of the United States an allowance not exceeding
dollars per day, or the present value there-
of."
Mr. GouvERNECR Morris remarked that if the
members were to be paid by the States, it would
throw an unequal burthen on the distant States,
which would be unjust as the Legislature was to be
a national assembly. He moved that tiie payment
be out of the national treasury ; leaving tlie quan-
tum to the discretion of the National Legislature.
There could be no reason to fear that they would
overpay themselves.
Mr. Butler contended for payment by the States ;
particularly in the case of the Senate, who will be
BO long out of their respective States that they will
lose sight of their constituents, unless dependent on
them for their support.
Mr. Langdon was against- payment by the States.
There would be some difficulty in lixing the sum ;
but it would be unjust to oblige the distant States
1787.]
FEDERAL CONVENTION-
1327
L tu
to bear the expense of their members, in travelling
to and irom the seat of government.
Mr. Madison. If the House of Representatives is
to be chosen bUnnially, and the Senate to be con-
stantly dependent on the Legislatures, which are
chosen annually, he could not see any chance for
that stability in the General Government the want
of which was a principal evil in the State Govern-
ments. His fear was, that the organization of the
Government supposing the Senate to be really inde-
pendent for six. years, would not effect our purpose.
It was nothing more than a combination of the pe-
culiarities of two of the State Governments, which
separately had been found insufficient. The Senate
was formed on the model of that of Maryland. The
revisionary check, on that of New York, What
the effect of a miiun of these provisions might be,
could not be foreseen. The enlargement of the
sphere of the Government was, indeed a circum-
stance which he thouglit would be favorable, as he
had on several occasions undertaken to show. He
was, however, for fixing at least two extremes not
to be exceeded by the National Legislature in the
payment of themselves,
Mr, Gerry. There are difficulties on both sides.
The observation of Mr. Bctler has weight in it.
On the other side, the State Legislatures may turn
out the Senators by reducing their salaries. Such
tilings have been practised.
Col. Mason. It has not yet been noticed, that the
clause as it now stands makes the House of Repre-
sentatives also dependent on the State Legisla-
tures : so that both Houses will be made the instru-
132g'
DEBATES IN THE
[ 1787.
menls of the politics of the States, whatever they
may be.
Mr. Broom cotild see no danger in trusting the
General Legislature with the payment of them-
selves. The State Legislatures had this power,
and no complaint had been made of it.
Mr. Sherman was not afraid tliat the Legislature
would make their own wages too high, but too
low ; so that men ever so fit could not serve un-
less they were at tlie same time ricli. He thought
the best plan would be, to fix a moderate allowance
to be paid out of the national treasury, and let the
States make such additions as they might judge fit.
He moved that five dollars per day be the sum, any
furtlier emoluments to be added by the States.
Mr. Carroll had been much surprised at seeing
this clause in the Report. Tlie dependence of both
Houses on the State Legislatiu-es is complete;
especially as the members of the former are eligible
to State offices. The States can now say: If you
do not comply with our wishes, we will starve you;
if you do, we will reward you. The new Govern-
ment in this form was nothing more than a second
edition of Congress, in two volumes instead of one,
and perhaps with very few amendments.
Mr. Dickinson took it for granted that all were
convinced of the necessity of making the General
Government independent of the prejudices, passions,
and improper views of the State Legislatures. The
contrary of this was effected by the section as it
stands. On the other hand, there were objections
against taking a permanent standard, as wheat,
which had been suggested on a former occasion;
1787.] FEDERAL CONVENTION. 1329
as well as against leaving the matter to the pleasure
of the National Legislature. He proposed that an act
should be passed, every twelve years, by the Na-
tional Legislature settling the quantum of their
wages. If the General Government should be left
dependent on the State Legislatures, it would be
happy for us if we had never met in this room.
Mr. Ellsworth was not tmwilling himself to trust
the Legislature with authority to regulate their own
wages^ but well knew that an unlimited discretion
for that purpose would produce strong, though per-
haps not insuperable objections. He thought changes
in the value of money provided for by his motion
in the words, " or the present value thereof."
Mr. L. Martin. As the Senate is to represent
the States, the members of it ought to be paid by
the States.
Mr. Carroll. The Senate was to represent and
manage the affairs of the whole, and not to be the
advocates of State interests. They ought then
not to be dependent on, nor paid by the States.
On the question for paying the members of the
legislature out of the national treasury, — New Hamp-
shire, Connecticut, New Jersey, Pennsylvania, Dela-
ware, Maryland, Virginia, North Carolina, Georgia,
aye — ^9 ; Massachusetts, South Carolina, no — 2.
Mr. Ellsworth moved that the pay be fixed at
five dollars, or the present value thereof, per day,
during their attendance, and for every thirty miles
in travelling to a^d from Congress.
Mr. Strong preferred four dollars, leaving the
States at liberty to make additions.
On the question for fixing the pay at five dollars^
Vol. I.— 84
1330 DEBATES IN THE [1787.
— Connecticut, Virginia, aye — 2; New Hampshire,
HassachuB^ts, New Jersey, Pennsylrania, Dela-
ware, Maryland, North Carolina, South Carolina,
Georgia, no — 9.
Mr. Dickinson proposed that the wages of the
members of both Houses should be required to be
the same.
Mr. Broom seconded faim.
Mr. GoRHAM. This would be unreasonable, llie
Senate will be detained longer from home, will be
obliged to remove their families, and in time of
war perhaps to sit constantly. Their allowance
should certainly be higher. The members of the
Senates in the States are allowed more than those
of the other House.
Mr. Dickinson withdrew his motion.
It was moved and agreed, to amend the sectitn
by adding, "to be ascertained by law."
The section (Article 6, Sectitm 10,) as amended,
was then agreed to, »em. con. "*
Adjourned.
PEDCnAL CONVENTION.
1331
1787.1
same, and for fixing the salaries of the officers of the
Government, which shall originate in the House of
Representatives ; but the Senate may propose or
concur with amendments as in other cases."
Colonel Mason seconds the motion. He was ex-
tremely earnest to take this power from the Senate,
who he said could already sell the whole country
by means of treaties.
Mr. GoRUAM urged the amendment as of great im-
portance. Tlie Senate will first acquire the habit of
preparing money-bills, and then the practice will
grow into an exclusive right of preparing them.
Mr. GoDVERNEDB MoRBis opposcd it, as unneces-
sary and inconvenient.
Mr. Williamson. Some think this restriction on
the Senate essential to liberty; others think it of no
importance. Why sliould not the former be in-
dulged? He was for an efficient and stable govern-
ment ; but many would not strengthen the Senate,
if not restricted in the case of money-bills. The
friends of the Senate, would therefore, lose more than
they would gain, by refusing to gratify the other side.
He moved to postpone the subject, till the powers
of the Senate should be gone over.
Mr. RuTLEDGE seconds the motion.
Mr. Mercer should hereafter be against returning
to a reconsideration of this section. He contended
(alluding to Mr. Mason's observations) that the Sen-
ate ought not to have the power of treaties. This
power belonged to tlie Executive department ; add-
ing, that treaties would not be final, .so as to alter
the laws of the land, till ratified by legislative au-
thority. Tliis was the case of treaties in Great
1333
[ nsr.
Britain; particularly the late treaty of commerce
with France.
Colonel Mason did not aay that a treaty would
repeal a law ; but that the Senate, by means of
treaties, mightalienateterritory, Ac, without legisla-
tire sanction. The cessions of the British Islands
in the West Indies, by treaty alone, were an exam-
ple. If Spain should possess herself of Georgia,
therefore, the Senate might by treaty dismember the
Union. He wished the motion to be decided now,
that the friends of it might know how to conduct
themselves.
On the question for postponing Sect. 12, it passed
in the affirmative, —
New Hampshire, Massachusetts, Virginia, Nortii
Carolina, South Carolina, Georgia, aye — (i; Connec-
ticut, New Jersey, Pennsylvania, Delaware, Mary-
land, no — 5.
Mr. Madison moved the following amendment of
Article 6, Sect. 13: "Every bill which shall have
passed the two Houses shall, before it become a law,
be severally presented to the President of the United
States, and to the Judges of the Supreme Court, for
the revision of each. If, upon such revision, they
shall approve of it, they shall respectively signify
their approbation by signing it; but if, upon such
revision, it shall appear improper to either, or both,
to be passed into a law, it shall be returned, with
the objections against it, to that House in which it
shall have originated, who shall enter the objections
at large on their Journal, and proceed to reconsider
the bill : but if, after such reconsideration, two-
thirds of that House, when either the President, or
1787.]
FEDERAL CONVENTIOK,
1333
I dwel
^^_ diffic
■ majority of tlie judges shall object, or three-fourths,
where both shall object, shall agree to pass it, it
shall, together with the objections, be sent to the
other House ; by which it shall likewise be recon-
sidered, and, if approved by two-thirds, or three-
fourths of the other House, as the case may be, it
shall become a law."
Mr. Wilson seconds the motion.
Mr. PiNCKNEr opposed the interference of the
Judges in the legislative business : it will involve
them in parties, and give a previous tincture to their
opinions.
Mr. Mercer heartily approved the motion. It is
an axiom that the Judiciary ought to be separate
from the Legislative ; but equally so that it ought to
be independent of that department. The true policy
of the axiom is, that legislative usurpation and op-
pression may be obviated. He disapproved of the
doctrine, that the Judges, as expositors of the Con-
stitution, should have authority to declare a law
void. He thought laws ought to be well and cau-
tiously made, and then to be uncontrollable.
Mr. Gerry. This motion comes to the same
thing with what has been already negatived.
On the question on the motion of Mr. Madison, —
Delaware, Maryland, Virginia, aye — 3; New
Hampshire, Massachusetts, Connecticut, New Jer-
sey, Pennsylvania, North Carolina, South Carolina,
Georgia, no — 8."
Mr. GoirvEHNECR Morris regretted that something
like the proposed check could not be agreed to. He
dwelt on the importance of public credit, and the
difficulty of supporting it witliout some strong bar-
1334
r 1787.
rier against the instability of legislative assemblies.
He suggested the idea of requiring three-fourths of
each House to repeat laws where the President
should not concur. He had no great reliance on the
revisionary power, as the Executive was now to be
constituted (elected by Congress.) The Legislature
will contrive to soften down the President. He re-
cited the history of paper emissions, and the perse-
verance of the legislative assemblies in repeating
them, with all the distressing effects of such measures
before their eyes. Wfire the National Legislature
formed, and a war was now to break out, this ruin-
ous expedient would be again resorted to, if not
guarded against. The requiring three-fourths to
repeal would, though not a complete remedy,
prevent the hasty passage of laws, and the fre-
quency of those repeals which destroy faith in the
public, and which are among our greatest calami-
ties.
Mr. Dickinson was strongly impressed with the
remark of Mr. Mercer, as to the power of the
Judges to set aside the law. He thought no such
power ought to exist. He was, at the same time,
at a loss what expedient to substitute. The Justi-
ciary of Arragon, he observed, became by degrees
the law-giver.
Mr. GonvERNEUR Morris suggested the expedient
of an absolute negative in the Executive. He could
not agree thaj, the Judiciary, which was part of the
Executive, should be bound to say, that a direct
"T^Tiolation of the Constitution was law. A control
over the Legislature might have its inconveniences.
But view the danger on the other side. The most
1787.] FEDERAL CONVENTION. 1335
' virtuous citizens will often, as members of a Legis-
lative body, concur in measures which afterwards,
in their private capacity, they will be ashamed oL
Encroachments of the popular branch of the Gov-
ernment ought to be guarded against. The Kphori
at Sparta became in the end absolute. Tiie Report
of the Council of Censors in Pennsylvania points
out the many invasions of the Legislative depart-
ment on the Executive, numerous as tlie latter* is,
within the short term of seven years ; and in a State
where a strong party is opposed to the Constitution,
and watching every occasion of turning the public
resentments against it. If the Executive be over-
turned by the popular branch, as happened in Eng-
land, the tyranny of one man will ensue. In Rome,
where the aristocracy overturned the throne, the
consequence was different- He enlarged on the ten-
dency of the Legislative authority to usurp on the
Executive, and wislied the section to be postponed,
in order to consider of some more effectual check
than requiring two-thirds only to overrule the nega-
tive of the Executive.
Mr. Sherman. Can one man be trusted better
than all the others, if they all agree? This was
neither wise nor safe. He disapproved of judges
meddling in politics and parties. We have gone far
enough in forming the negative, as it now stands.
Mr. Carroll. When the negative to be overruled
by two-thirds only was agreed to, tJie quorum was
not fixed. He remarked that as a majority was
now to be the quorum, seventeen in the larger, and
* Ths EiccutiM confuted it ihat time o( about iwentj nnnben
1336
DEBATES IN
[1787.
eight in the smaller, house, might carry points. The
advantage that might be taken of this seemed to
call for greater impediments to improper laws. He
thought the controlling power, however, of the Exec-
utive, could not be well decided, till it was seen how
the formation of that department would be fmally
regulated. He wished the consideration of the mat-
ter to be postponed.
Mr. GoRHAM saw no end to these difficulties and
postponements. Some could not agree to the form
of government, before the powers were defined.
Others could not agree to the powers till it was
seen how the government was to be formed. He
thought a majority as large a quorum as was neces-
sary. It was the quorum almost every where fixed
in the United States.
Mr. Wilson, after viewing the subject with all
the coolness and attention possible, was most appre-
hensive of a dissolution of the Government from the
L^islature swallowing up all the other powers.
He remarked, that the prejudices against the Exec-
utive resulted from a misapplication of the adage,
that the parliament was the palladium of liberty
1787.] FEDERAL CONVENTION. 1337
sufficient self-defensive power, either to the Execu-
tive or Judiciary Department.
Mr. RuTLEDGE was strenuous against postponing ;
and complained much of tfa6 tediousness of the pro-
ceedings.
Mr. Ellsworth held the same language. We
grow more and more sceptical as we proceed. If
we do not decide soon, we shall be unable to come
to any decision.
The question for postponement passed in the neg-
ative,— Delaware and Maryland only being in the
affirmative.
Mr. Williamson moved to change, " two-thirds of
each House," into "three-fourths," as requisite to
overrule the dissent of the President. He saw no
danger in this, and preferred giving the power to the
President alone, to admitting the Judges into the
business of legislation.
Mr. Wilson seconds the motion ; referring to and
repeating the ideas of Mr. Carroll.
On this motion for three-fourths, instead of two-
thirds; it passed in the affirmative, — Connecticut,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, aye — 6 ; New Hampshire, Massachusetts,
New Jersey, Georgia, no— 4 ; Pennsylvania, divided.
Mr. Madison, observing that if the negative of the
President was confined to billsy it would be evaded
by acts under the form and name of Resolutions,
votes, &c., proposed that "or resolve," should be
added after " 2^," in the beginning of section 13,
with an exception as to votes of adjournment, &c.
After a short and rather confused conversation on
the subject, the question was put and rejected, the
Vol. I.— 84 *
1338 DEBATES IN THE [1787.
votes being as foUonTS, — Massachusetts, Delaware,
North Carolina, aye — 3 ; New Hampshire, Connecti-
cut, New Jersey, Pennsylvania, Maryland, Virginia,
South Carolina, Geoi^a, no — 8.
" Ten days (Sundays excepted)," instead of " sev-
en," were allowed to the President for returning
bills with his objections, — New Hampdiire and Mas-
sachusetts only voting against it.
The thirteenth Section of Article 6, as amended
was then agreed to.""
Adjourned.
Thursdat, Aogost 16th.
In ConDenHon, — Mr. Randolph, having thrown in-
to a new form the motion putting votes, resolutions,
&c. OB a footing with bills, renewed it as follows —
" Every order, resolution, or vote, to which the con-
currence of the Senate and House of Representa-
tives may be necessary (except on a question of
adjournment, and in the cases hereinafter mention-
ed) shall be presented to the President for his re-
1787.] . FEDERAL CONVENTION. 1339
sylvania, Delaware, Maryland, Virginia, North Car-
olina, South Carolina, Georgia, aye — ^9 ; New Jer-
sey, no — 1 ; Massachusetts, not present.
The amendment was made a fourteenth section of
Article 6.
Article 7, Sect. 1, was then taken up.
Mr. L. Martin asked, what was meant by the
Committee of Detail in the expression, — "rfirfie^,"
and " imposts J^ If the meaning were the same, the
former was unnecessary; if different, the matter
ought to be made clear.
Mr. Wilson. Duties are applicable to many ob-
jects to which the word imposts does not relate.
The latter are appropriated to commerce, the former
extend to a variety of objects, as stamp duties, <&c.
Mr. Carroll reminded the Convention of the
great difference of interests among the States ; and
doubts the propriety, in that point of view, of letting
a majority be a quorum.
Mr. Mason urged the necessity of connecting with
the powers of levying taxes, duties, &c., the prohi-
bition in Article 6, Sect. 4, " that no tax should be
laid on exports." He was unwilling to trust to its
being done in a future article. He hoped the North-
em States did not mean to deny the Southern this
security. It would hereafter be as desirable to the
former, when the latter should become the most
populous. He professed his jealousy for the pro-
ductions of the Southern, or, as he called them, the
staple. States. He moved to insert the following
amendment : " provided, that no tax, duty, or impo-
sition, shall be laid by the Legislature of the United
States on articles exported from any State."
1340
DEBATES IN THB
[1787.
Mr. Sherman bad no objection to the proviso here,
other than that it would derange the parts of the
Report as made by the Committee, to take them in
such an order-
Mr. Rdtledge. It being of no consequence in
what order points are decided, he should rote for
the clause as it stood, but on condition that the
subsequent part relating to negroes should also be
agreed to.
Mr. GocTERNBun Morris considered such a proviso
as inadmissible any where. It was so radically ob-
jectionable, that it might cost the whole system the
support of some members. He contended that it
would not in some cases be equitable to tax imports
without taxing exports ; and that taxes on exports
would be often the most easy and proper of the two.
Mr. Madison. First, the power of laymg taxes
on exports is proper in itself; and as the States
cannot with propriety exercise it separately, it
ought to be vested in them collectively. Secondly,
it might with particular advantage be exercised
with r^ard to articles in which America was not
rivalled in foreign markets, as tobacco, &c. The
l787.] FEDERAL CONVENTION. 1341
filled New Hampshire, Connecticut, New Jersey,
Delaware, and North Carolina with loud complaints,
as it related to imports, and they would be equally
authorized by taxes by the States on exports.
Fourthly, the Southern States, being most in danger
and most needing naval protection, could the less
complain, if the burthen should be somewhat heavi-
est on them. And finally, we are not providing for
the present moment only ; and time will equalize
the situation of the States in this matter. He was,
for these reasons, against the motion.
Mr. Williamson considered the clause proposed
against taxes on exports, as reasonable and ne-
cessary.
Mr. Ellsworth was against taxing exports ; but
thought the prohibition stood in the most proper
place, and was against deranging the order reported
by the Committee.
Mr. Wilson was decidedly against prohibiting
general taxes on exports. He dwelt on the injustice
and impolicy of leaving New Jersey, Connecticut,
&c., any longer subject to the exactions of their
commercial neighbours.
Mr. Gerry thought the Legislature could not be
trusted with such a power. It might ruin the
country. It might be exercised partially, raising
one and depressing another part of it.
Mr. Gouverneur Morris. However the Legisla-
tive power may be formed, it will, if disposed, be
able to ruin the country. He considered the taxing
of exports to be in many cases highly politic. Vir-
ginia has found her account in taxing tobacco. All
countries having peculiar articles tax the exporta-
1342
DEBATES IN TllE
[1T87.
tion of them, — as France her wines and bnindios.
A tax here on lumber would fall on the West Indies,
and punish their restrictions on our trade. The
same is true of live stock, and in some degree of
flour. In case of a deartli in the West Indies, we
may extort what we please. Taxes on exports are
a necessary source of revenue. For a long time the
people of America will not have money to pay
direct taxes, Seize and sell their effects, and you
push them into revolts.
Mr. Mekcer was strenuous against giving Con-
gress power to tax exports. Such taxes are im-
politic, as encouraging the raising of articles not
meant for exportation. The States had now a
right where their situation permitted, to tax both
the imports and the exports of their uncommercial
neighbours. It was enough for them to sacrifice one
half of it. It had been said the Southern States had
most need of naval protection. The reverse was
the case. Were it not for promoting the carrying
trade of tlie Northern States, tlie Southern States
could let the trade go into foreign bottoms, where it
would not need our protection. Virginia, by taxing
her tobacco, had given an advantage to that of Mary-
land.
Mr. Sherman. To examine and compare tlie
States in relation to imports and exports, will be
opening a boundless field. He thought the matter
had been adjusted, and that imports were to be
subject, and exports not, to be taxed. He thought
it wrong to tax exports, except it miglit be such
articles as ought not to be exported. TIic complexity
of the business in America would render an equal tax
1787.] FEDERAL CONVENTION. 1343
on exports impracticable. The oppression of the
uncommercial States was guarded against by the
power to regulate trade between the States. As to
compelling foreigners, that might be done by regu-
lating trade in general. The Government would
not be trusted with sueh ^ power. Objections are
most likdy to be excited by considerations relating
to taxes and money. A power to tax exports would
shipwreck the whole.
Mr. Carroll was surprised that any objection
should be made to an exception of exports from the
power of taxation.
It was finally agreed, that the question concern-
ing exports .^dbould lie over for the place in which
the exception sUxmI in the Report, — ^Maryland alone
voting against it. ^^
Article 7, Section 1, clause first, was then agreed
to, — Mr Gerrt alone answering, no.
Thexlause jbr r^ulating commerce with foreign
nations, &c^ was agreed to, nem. con.
The several clauses, — ^for coining money-^fcar
regulating foreign coin — for fixing the standard of
weights and measures, — were agreed to, nem, con.
On the clause, " To establish post offices," —
Mr. Gerry moved to add, '' and post-roads."
Mr. Mercer seconded ; and on the question, —
Massachusetts, Delaware, Maryland, Virginia,
South Carolina, Georgia, aye — 6 ; New Hampshire,
Connecticut, New Jersey, Pennsylvania, North Car-
olina, no-— 5.
Mr. GouvERNEUR Morris moved to strike out,
^' and emit bills on the credit of the United States."
If the United States had credit, such bills would
1344
DEBATES IN TBB
[1787.
be unnecessary; if they had not, unjust and use-
less.
Mr. Bdtler seconds the motion.
Mr. Madison. Will it not be sufficient to prohibit
the making iheraA Under? This will remove the
temptation to emit them with unjust views. And
promissory notes, in that shape, may in some emer-
gencies be best
Mr. GoDVERNBUR MoRRis. Striking out the words
will leave room stUl for notes of a responsible mitiis-
ter, which will do all the good without the mischief.
The moneyed interest will oppose the plan of gov-
ernment, if paper emissions be not prohibited.
Mr. GoRBAM was for striking out without insert-
ing any prohibition. If the words stand, they may
suggest and lead to the measure.
Mr. Mason had doubts on the subject. Congress,
he thought, would not have the power, unless it
were expressed. Though he had a mortal hatred to
paper-money, yet as he could not foresee all emer-
gencies, he was unwilling to tie the hands of the
Legislature. He observed tiiat the late war could
not have beea carried on, had such a prohibition
1787.1 FEDERAL CON'rja«T.lt)N • 1345
J • * . - .
those who were friends to paper-money] .■' The peo-
ple of property would be sure to be on the 'sid^'.pf
the plan, and it was impolitic to purchase their fiuf-V
ther attachment with the loss of the opposite class
of citizens.
Mr. Ellsworth thought this a favorable mo-
ment, to shut and bar the door against paper-money.
The mischiefs of the various experiments which had
been made were now fresh in the public mind, and
had excited the disgust of all the respectable part
of America. By withholding the power from the new
Government, more friends of influence would be
gained to it than by almost any thing else. Paper-
money can in no case be necessary. Give the Gov-
ernment credit, and other resources will offer.
The power may do harm, never good.
Mr. Randolph, notwithstanding his antipathy to
paper-money, could not agree to strike out the
words, as he could not foresee all the occasions that
might arise.
Mr. Wilson. It will have a most salutary influ-
ence on the credit of the United States, to remove
the possibility of paper-money. This expedient
can never succeed whilst its mischiefs are remem-
bered. And as long as it can be resorted to, it will
be a bar to other resources.
Mr. Butler remarked, that paper was a legal ten-
der in no country in Europe. He was urgent for
disarming the government of such a power.
Mr. Mason was still averse to tying the hands of
the Legislature altogether. If there was no exam-
ple in Europe, as just remarked, it might be observ-
VoL. I.— 85
1346
"DBBliTES IN THE
[1787.
ed, ontheothbT side, that there was none in which
thje! Gorernment was restrained on this head.
* "Mi. Read tiiougbt the words, if not struck out,
would be as alarming as the mark oC the Beast in
Rerelation.
Mr. Lanodon had ratiier reject the whole plan,
than retain the three words, "and emit bills."
On the motion for striking out, —
New Hampshire, Massachusetts, Connecticut, Fenn-
sylrania, Delaware, Virginia,* North Carolina, South
Carolina, Georgia, aye — 9 ; New Jersey, Maryland,
no— 2.
The clause for borrowing money was agreed to,
nem. con. «» ■
Adjoomed.
Friday, Adgdst 17th.
In Gp7Him/ton,— Article 7, Sect. 1, was resumed.
On the clause, *' to appoint a Treasurer by bal-
lot,"—
Mr. GoRHAM moved to insert " joint " before ballot,
1787.] FEDERAL CONVENTION. 1347
Mr. Read moved to strike out the clause, leaving
the appointment of a Treasurer, as of other ofBcers,
to the Executive. The Legislature was an im-
proper body for appointments. Those of the State
Legislatures were a proof of it. The Executive
being responsible, would make a good choice.
Mr. Mercer iseconds the motion of Mr. Read.
On the motion for inserting the word "joint'*
before "ballot,"— r New Hampshire, Massachusetts,
Pennsylvania, Virginia, North Carolina, South Car-
olina, Greorgia, aye — 7; Connecticut, New Jersey,
Maryland, no — 3.
Col. Mason, in opposition to Mr. Read's motion,
desired it might be considered, to whom the money
would belong ; if to the people, the Legislature, rep-
resenting the people, ought to appoint the keepers
of it.
On striking out the clause, as amended, by insert-
ing "joii^t," — Pennsylvania, Ddaware, Maryland,
South Carolina, aye— 4; New Hampshire, Massa-
chusetts, Connecticut, Virginia, North Carolina,
Georgia, no— 6.'"
The clause, " to constitute inferior tribunals," was
agreed to. nem. con. ; as also the clause, " to make
rules as to captures on land and water."
The clause, " to declare the law and punishment
of piracies and felonies, &c. &c." being considered —
Mr. Madison moved to strike out, " and punish-
ment, &c." after the words, " to declare the law."
Mr. Mason doubts the safety of it, considering the
strict rule of construction in criminal cases. He
doubted also the propriety of taking the power in all
these cases, wholly from the States.
t34S DEBATES IN THE i^"^^"^-
Mr. GoDVERNEDR MoRRis thought it would be
necessary to extend the authority further, so as ta
provide for the punishment of counterfeiting in gen-
eral. Bills of exchange, for example, might be
forged in one State, and carried into another.
It was suggested by some other member, that/oj-
eign paper might be counterfeited by citizens ; and
that it might be politic to provide by national au-
thority for the punishment of it,
Mr. Randolph did not conceive that expunging
" the punishment " would be a constructive exclusion
of the power. He doubted only the efficacy of the
word "declare.''
Mr. Wilson was in favor of the motion. Strict-
ness was not necessary in giving authority to enact
penal laws, though necessary in enacting and ex-
pounding them.
On the question for striking out "and punish-
ment," as moved by Mr. Madison, — Massachusetts,
Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina, Georgia, aye — 7; New Hampshire,
Connecticut, Maryland, no — 3,
Mr. GoDVERNEun Morris moved to strike out "de-
clare the law," and insert " punish," before " pira-
cies ;" and on the question, — New Hampshire, Mas-
sachusetts, Pennsylvania, Delaware, Maryland, South
Carolina, Georgia, aye — 7; Connecticut, Virginia,
North Carolina, no — 3.
Mr, Madison and Mr. Randolph moved to insert
"define and," before "punish."
Mr. Wilson thought " felonies " sufficiently defined
by common law,
Mr. Dickinson concurred with Mr. Wilson, ~
1787.1 FEDERAL CONVENTION. 1349
Mr. Mercer was in favor of the amendment.
Mr. Madison, Felony at common law is vague.
It is also defective. One defect is supplied by Stat-
ute of Anne, as to running away with vessels, which
at common law was a breach of trust only. Be-
sides, no foreign law should be a standard, further
than it is expressly adopted. If the laws of the
States were to prevail on this subject, the citizens
of different States would be subject to different pun-
ishments for the same offence at sep,. There would
be neither uniformity nor stability in the law. The
proper remedy for all these difficulties was, to vest
the power proposed by the term "define," in the
National Legislature.
Mr. GouvERNEUR Morris would prefer designate to
define^ the latter being, as he conceived, limited to
the pre-existing meaning.
It was said by others to be applicable to the cre-
ating of offences also, and therefore suited the case
both of felonies and piracies.
The motion of Mr. Madison and Mr. Randolph
was agreed to.
Mr. Ellsworth enlarged the motion, so as to read,
"to define and punish piracies and felonies com-
mitted on the high seas, counterfeiting the securities
and current coin of the United States, and offences
against the laws of nations ;" which was agreed to,
nem. con.
The clause, " to subdue a rebellion in any State,
on the application of its Legislature," was next con-
sidered.
Mr. PiNCKNBY movea to strike out, "on the ap-
plication of its Legislature."
1350 DEBATES IN TUE [1787.
Mr. GouvERNEUR Morris seconds.
Mr. L. Martin opposed it, as giving a dangerous
and unnecessary power. The consent of tlie State
ought to precede the introduction of any extraneous
force wliatever.
Mr. Mercer supported the opposition of Mr.
Martin.
Mr. Ellsworth proposed to add, after " legisla-
ture," " or Executive."
Mr. GocvERNEDR MoBBis. Thc Executive may
possibly be at the head of the rebellion. The Gen-
eral Government should enforce obedience in all
cases where it may be necessary.
Mr. Ellsworth. In many cases the General
Government ought not to be able to interpose, unless
called upon. He was willing to vary his motion, so
as to read, "or without it, when the Legislature
cannot meet."
Mr. Gerry was against letting loose the myrmi-
dons of the United States on a State, without its
own consent. The States will be the best judges
in such cases. More blood would have been spilt in
Massachusetts, in the late insurrection, if the general
authority had intermeddled.
Mr. LANfiDoN was for striking out, as moved by
Mr. PiNCKNEY. The apprehension of the National
force will have a salutary effect, in preveating in-
surrections.
Mr. Randolph. If the National Legislature is to
judge whether the State Legislature can or cuinot
meet, that amendment would make the clatwe U
ot^ectionable as the motion of Mr. Pincenet.
Mr. GouvERNECB Morris. We are acting a very
1787.] FEDERAL CONVENTION. 1351
strange part. We first jform a strong man to pro-
tect us, and at the same time wish to tie his hands
behind him. The Legislature may surely be trusted
with such a power to preserve the public tranquillity.
On the motion to add, ''or without it [applica-
tion] when the Legislature cannot meet," it was
agreed to, —
New Hampshire, Connecticut, Virginia, South
Carolina, Greorgia, aye — 5; Massachusetts, Dela-
ware, Maryland, no — 3 ; Pennsylvania, North Caro-
lina, divided.
Mr. Madison and Mr. Dickinson moved to insert,
as explanatory, after " State," " against the Govern-
ment thereof." There might be a rebellion against
the United States. The motion was agreed to,
nem. can.
On the clause, as amended, —
New Hampshire, Connecticut, Virginia, Georgia,
aye-^ ; Delaware, Maryland, North Carolina, South
Carolina, no— 4 ; Massachusetts,* Pennsylvania, ab*
sent. So it was lost. "*
On the clause, " to make war," —
Mr. PiNCENEY opposed the vesting this power in
the Legislature. Its proceedings were too slow. It
would meet but once a year. The House of Rep-,
resentatives would be too numerous for such deliber*
ations. The Senate would be the best depository,
being more acquainted with foreign affairs, and most
capable of proper resolutions. If the States are
equally represented in the Senate, so as to give no
advantage to the large States, the power will, not*
* In the printed Journal, HaaMchuiettf, no.
13S2 DEBATES IN THE [1787.
withstanding, be safe, as the small have their all at
stake in such cases as well as the large States. It
would be singular for one authority to make war,
and another peace.
Mr. Butler. The objections against the Legisla-
ture lie in a great degree against the Senate. He
was for vesting the power in the President, who will
have all the requisite qualities, and will not make
war but when the nation will support it.
I^. Madison and Mr. Gerrt moved to insert " de-
dare" striking out " make" war; leaving to the Ex-
ecutive the power to repel sudden attacks.
Mr. Sherman thought it stood very well. The
Executive should be able to repel, and not to com-
mence, war. "Make" is better than declare, (he
latter narrowing the power too much.
Mr. Gerrt sever expected to hear, in a republic,
a motion to empower the Executive alone to declare
war.
Mr. Ellsworth. There is a material difference
between the cases of making war and making peace.
It should be more easy to get out of war, than into
it. War also is a simple end overt declaration,
1787.] FEDERAL CONVENTION. 1353
Connecticut,* Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, Georgia,
aye — 8 ; New Hampshire, no— 1 ; Massachusetts,
absent. -n .
Mr. PiNCKNET^s motion to strike out the whole
clause, was disagreed to, without call of States.
Mr. Butler moved to give the Legislature the
power of peace, as they were to have that of war.
Mr. Gerry seconds him. Eight Senators may
possibly exercise the power, if vested in that body;
and fourteen, if all should be present ; and may
consequently give up part of the United States.
The Senate are more liable to be corrupted by an
enemy, than the whole Legislature.
On the motion for addihg '^ and peace," after
" war," — it was unanimously negatived. •"
Adjourned.
Saturday, August 18th.
In Comention^ — Mr. Madison submitted, in order
to be referred to the Committee of Detail, the fol-
lowing powers, as proper to be added to those of
the General Legislature : ,
'^ To dispose of the unappropriated lands of the
United States.
"To institute temporary governments for new
States arising therein.
* Connecficut Totod in tbe negatiTe ; but <m the remark hf Mr. King, thtt
"moie** wtr might be andentood to *' conduct" it, which wte tn Executive
function, Mr. Ellsworth give up hif objection, and the rote was changed to
Vol. L— 85*
1354
DEBATES IN THE
[1787.
" To regulate affairs with the Indians, as well
within as without the limits of the United States,
"To exercise exclusively legislative authority at
the seat of the General Government, and over a
district around the same not exceeding
square miles; the consent of the Legislature of the
State or States, comprising the same, being first ob-
tained.
" To grant charters of corporation in cases where
the public good may require them, and the authority
of a single State may be incompetent.
" To secure to literary authors their copy-rights
for a limited time.
" To establish an university.
" To encourage by premiums and provisions the
advancement of useful knowledge and discoveries.
" To authorize the Executive to procure, and hold
for the use of the United States, landed property
for the erection of forts, magazines, and otiier ne-
cessary buildings."
These propositions were referred to the Commit-
tee of Detail which had prepared the Report; and
at the same time the following, which were moved
by Mr. Pixckney — in both cases unanimously:
"To fix and permanently establish the seat of
government of the UnitedStates, in which they shall
possess the exclusive right of soil and jurisdiction.
"To establish seminaries for the promotion of
literature and the arts and sciences.
"To grant charters of incorporation.
" To grant patents for useful inventions.
" To secure to authors exclusive rights for a cer-
tain time. _
1787,] FEDERAL CONVENTION. 1355
«
^'To establish public institutions, rewards, and
immunities for the promotion of agriculture, com-
merce, trades, and manufactures.
'^ That funds which shall be appropriated foi" the
payment of public creditors, shall not during the
time of such appropriation, be diverted or applied to
any other purpose, and that the Committee prepare
a clause or clauses for restraining the Legislature
of the United States from establishing a perpetual
revenue.
" To secure the payment of the public debt
'' To secure all creditors under the new Constitu-
tion from a violation of the public faith when pledged
by the authority of the Legislature.
'^ To grant letters of marque and reprisal.
'' To regulate stages on the post-roads."
Mr. Mason introduced the subject of regulating
the militia. He thought such a power necessary to
be given to the General Government. He hoped
there would be no standing army in time of peace,
unless it might be for a few garrisons. The militia
ought, therefore, to be the more effectually prepared
for the public defence. Thirteen States will never
concur in any one system, if the disciplining of the
militia be left in their hands. If they will not give
up the power over the whole, they probably will
over a part as a select militia. He moved, as an
addition to the propositions just referred to the
Committee of Detail, and to be referred in like
manner, " a power to regulate the militia."
Mr. Gerry remarked, that some provision ought
to be made in favor of public securities, and some-
thing inserted concerning letters of marque, which
1356
DEBATES IN THE
[1787.
he thought not included in the power of war. He
proposed tliat these subjects should also go to a
Committee.
Mr. RuTLEDGE moved to refer a clause, "that
funds appropriated to public creditors should not be
diverted to other purposes."
Mr. Mason was much attached to the principle,
but was afraid such a fetter might be dangerous in
time of war. He suggested the necessity of prevent-
ing the danger of perpetual revenue, whicli must of
necessity subvert the liberty of any country. If it
be objected to on the principle of Mr. Rutledge's
motion, that public credit may require perpetual
provisions, that case might be excepted ; it being
declared that in other cases no taxes should be laid
for a longer term than years. He considered
the caution observed in Great Britain on this point,
as the palladium of public liberty.
Mr. Rutledge's motion was referred. He then
moved that a Grand Committee be appointed to
consider the necessity and expediency of the United
States assuming all the State debts, A regular set-
tlement between the Union and the several States
would never take place. Tlie assumption would be
just, as the State debts were contracted in the com-
mon defence. It was necessary, as the taxes on im-
ports, the only sure source of revenue, were to be
given up to the Union. It was politic, as by dis-
burthening the people of the State debts, it would
conciliate them to the plan.
Mr. King and Mr. Pinckney seconded the motion.
Col. Mason interposed a motion, that the Commit-
1787.] FEDERAL CONVENTION. 1357
tee prepare a clause for restraining perpetual reve-
nue, which was agreed, to, nem.- con.
Mr. Sherman thought it would be better to au-
thorize the Legislature to assume the State debts,
than to say positively it should be done. He con-
sidered the measure as just, and that it would have
a good effect to say something about the matter.
Mr. Ellsworth differed from Mr. Sherman. As
far as the State debts ought in equity to be assumed,
he conceived that they might and would be so.
Mr. PiNCKNEY observed that a great part of the
State debts were of such a nature that, although in
point of policy and true equity they ought to be, yet
would they liot be, viewed in the light of Federal
expenditures.
Mr. King thought the matter of more consequence
than Mr. Ellsworth seemed to do ; and that it was
well worthy of commitment. Besides the consider-
ations of justice and policy which had been men-
tioned, it might be remarked, that the State credit-
ors^ an active and formidable party, would other-
wise be opposed to a plan which transferred to the
Union the best resources of the States, without
transferring the State debts at the same time. The
State creditors had generally been the strongest foes
to the impost plan. The State debts probably were
of greater amount, than the Federal. He would not
say that it was practicable to consolidate the debts,
but he thought it would be prudent to have the sub-
ject considered by a Committee.
On Mr. Rutledge's motion, that a committee be
appointed to consider of the assumption, &c., it was
agreed to, — Massachusetts, Connecticut, Virginia,
1358
[1787.
North Carolina, South Carolina, Georgia, aye — 6;
New Hampshire, New Jersey, Delaware, Maryland,
no — 4 ; Pennsylvania, divided.
Mr, Gerrv's motion to provide for public securi-
ties, for stages on post roads, and for letters of
marque and reprisal, was committed, nem. con.
Mr. Kl^G suggested that all unlocated lands of
particular States ought to be given up, if State
debts were to be assumed. Mr. Williamson con-
curred in the idea."'
A Grand Committee was appointed, consisting of
Mr. Langdon, Mr. King, Mr. Sherman, Mr. Living-
ston, Mr. Cltmer, Mr. Dickinson, Mr. McHenry,
Mr. Mason, Mr. Williamson, Mr. C. C. Pinckney,
and Mr. Baldwin.
Mr. Rdtledge remarked on the length of the ses-
sion, the probable impatience of the public, and the
extreme anxiety of many members of the Conven-
tion to bring the business to an end ; concluding
with a motion that the Convention meet hencefor-
ward, precisely at ten o'clock, A. M. ; and that, pre-
cisely at four o'clock, P. M., the President adjourn
the House without motion for the purpose ; and that
no motion to adjourn sooner be allowed.
On this question, — New Hampshire, Massachu-
setts, Connecticut, New Jersey, Delaware, Virginia,
North Carolina, South Carolina, Georgia, aye — 9;
Pennsylvania, Maryland, no — 2.
Mr. Ellsworth observed that a Council had not
yet been provided for the President. He conceived
there ought to be one. His proposition was, that it
should be composed of the President of the Senate,
the Chief Justice, and the Ministers as they might
1787.] FEDERAL CONVENTION. 1359
be established for the departments of foreign and do-
mestic affairs, war, finance and marine ; who should
advise but not conclude the President.
Mr. PiNCKNEY wished the proposition to lie over,
as notice had been given for a like purpose by Mr.
GrouvERNEUR MoRRis, who WRS uot then on the floor.
His own idea was, that the President should be
authorized to call for advice, or not, as he might
choose. Give him an able Council, and it will
thwart him ; a weak one, and he will shelter him-
self under their sanction.
Mr. Gerrt was against letting the heads of the
Departments, particularly of finance, have any thing
to do in business connected with legislation. He
mentioned the Chief Justice also, as particularly ex-
ceptionable. These men will also be so taken up
with other matters, as to neglect their own proper
duties.
Mr. Dickinson urged that the great appointments
should be made by the Legislature, in which case
they might properly be consulted by the Executive,
but not if made by the Executive himself. •"
This subject by general consent lay over ; and the
House proceeded to the clause, " to raise armies."
Mr. GoRHAM moved to add, " and support," after
" raise." Agreed to, nem. con. ; and then the clause
was agreed to, nem. con,, as amended.
Mr. Gerry took notice that there was no check
here against standing armies in time of peace. The
existing Congress is so constructed that it cannot of
itself maintain an army. This would not be the
case under the new system. The people were jeal-
ous on this head, and great opposition to the plan
1360
DEBATES IN TBB
[1787.
woufd spring from such an omissioD. He suspected
that preparations of force were now making against
it. [He seemed to allude to the activity of the Gov-
ernor of New York at this crisis in disciplining the
militia of that State.] He thought an army danger-
ous in time of peace, and could never consent to a
power to keep up an indefinite number. He pro-
posed that there should not be kept up in time of
peace more than thousand troops. His idea
was, that the blank should be filled with two or
three thousand.
Instead of " to build and equip fleets," " to proride
and maintain a Navy," was agreed to, nem. con., as
a more convenient definition of the power.
A clause, " to make rules for the government and
r^ulation of the land and naval forces," was added
from the existing Articles of Confederation.
Mr. L. Martin and Mr. Gerrt now regularly
moved, "provided that in time of peace the army
shall not consist of more than thousand
men."
General Pincknbt asked, whether no troops were
ever to be raised until an attack should be made on
1787.] PEDE»AL CONVENTION. 1361
sort may, for ought we know, become unavoidable.
He should object to no restrictions consistent vnth
these ideas:
The motion of Mr. Martin and Mr. Gerry was
disagreed to, nem. con. "•
Mr. Mason moved, as an additional power, ^^ to
make laws for the regulation and discipline* of the
militia of the several States, reserving to the States
the appointment of the officers." He considered uni'>*
forraity as necessary in the regulation of the militia,
throughout the Union.
Greneral Pinckney mentioned a case, during the
war, in which a dissimilarity in the militia of differ-
ent States had produced the most serious mischiefs.
Uniformity was essential. The States would never
keep up a proper discipline of the militia.
Mr. Ellswc^th was for going as far, in submitting
the militia to the Greneral €rovemment, as might be
necessary ; but thought the motion of Mr. Mason
went too far. He moved, '' that the militia should
have the same arms and exercise, and be under rules
established by the General Government when in
actual service of the United States; and when
States neglect to provide regulations for militia, it
shoidd be regulated and established by the Legisla-
ture of the United States." The whole authority
over the militia ought by no means to be taken
away from the States, whose consequence would
pine away to nothing after such a sacrifice of power.
He thought the general authority could not sufficiently
pervade the Union finr such a purpose, nor could it
accommodate itself ^ thi local genius of the people.
Vol. I.— 86 ^
1362
DEBATES IN THE
[1787.
It must be vain to ask the States to give the militia
out of their hands.
Mr. Sherman seconds the motion.
Mr. Dickinson. We are come now to a most im-
portant matter — that of the sword. His opinion
was, that the States never would, nor ought to, give
up all authority over the militia. He proposed to
restrain the general power to one-fourth part at a
time, which by rotation would discipline the whole
militia.
Mr. BuTLEH urged the necessity of submitting the
whole militia to the general authority, wliich had
the care of the general defence.
Mr. Mason had suggested the idea of a select
militia. He was led to think that would be, in fact,
as much as the General Government could advan-
tageously he charged with. He was afraid of cre-
ating insuperable objections to the plan. He with-
drew his original motion, and moved a power " to
make laws fur regulating and disciplining the militia,
not exceeding one-tenth part in any one year, and
reserving the appointment of officers to the States."
General Pincknev renewed Mr. Mason's original
motion. For a part to be under the General and a
part under the State Governments, would be an in-
curable evil. He saw no room for such distrust of
the General Government.
Mr. Langdon seconds General Pinchney's renewal.
He saw no more reason to be afraid of the General
Government, than of the Stale Governments. He
was more apprehensive of the confusion of the
different authorities on this subject, than of either.
Mr. Madison thought the regulation of the militia
1787.] FBDEMLL CONVENTION. 1363
naturally appertaining to the authority charged with
the public defence. It did not seem, in its nature, to
be divisible between two distinct authorities. If
the States would trust the General Government
with a power over the public treasure, they would,
from the same consideration of necessity, grant it
the direction of the public force. Those who had a
full view of the public situatfon, would, from a sense
of the danger, guard against it. The States would
not be separately impressed with the general situa*
tion, nor have the due confidence in the concurrent
exertions of each other.
Mr. Ellsworth considered the idea of a select
militia as impracticable ; and if it were not, it would
be followed by a ruinous declension of the great,
body of the militia. The States would never submit
to the same militia laws. Three or four shillings as a
penalty will enforce obedience better in New Eng*
land, than forty lashes in some other places.
Mr. PiNCKNEY thought the power such an one as
could not be abused, and that the States would see
the necessity of surrendering it. He had, however,
but a scanty faith in militia. There must be also
a real military force. This alone can effectually
answer the purpose. The United States had been
making an experiment without it, and we see the
consequence in their rapid approaches toward an-
archy.*
Mr. Sherman took notice that the States might
want their militia for defence against invasions and
* This had reference to the diiordert, particularly, that had occuned in
lUiMchufletta, which had called fbi the interposition of the Federal troops.
1364
DEBATES IN THE
[ 1787.
insurrections, and for enforcing obedience to their
laws. They will not give up this point. In giving
up that of taxation, they retain a concurrent power
of raising money for their own use.
Mr. Gerrt thought this the last point remaining
to be surrendered. If it be agreed to by the Con-
vention, the plan will have as black a mark as was
set on Cain. He had no such confidence in the
General Government as some gentlemen possessed,
and believed it would be found that the States
have not.
Col. Mason thought there was great weight in the
remarks of Mr. Sherman, and moved an exception to
his motion, " of such part of the militia as might be
required by the States for their own use."
Mr. Read doubted the propriety of leaving the
appointment of the militia officers to the States. In
some States, they are elected by the Legislatures ;
in others, by the people themselves. He thought at
least an appointment by the State Executives ought
to be insisted on.
On the question for committing to the Grand
1787.] FEOBRAL CONYBNTION. 1365
Monday, August 20th.
In Convention, — ^Mr. Pinckney submitted to the
House, in order to be referred to the Committee of
Detail, the following propositions :
^' Each House shall be the judge of its own priv-
ileges, and shall have authority to punish by impris-
onment every person violating the same, or who, in
the place where the Legislature may be sitting and
during the time of its session, shall threaten any
of its members for any thing said or done in the
House ; or who shall assault any of them therefor ;
or who shall assault or arrest any witness or other
person ordered to attend either of the Houses, in his
way going or returning; or who shall rescue any
person arrested by their order.
" Each branch of the Legislature, as well as the
Supreme Executive, shall have authority to require
the opinions of the Supreme Judicial Court upon
important questions of law, and upon solemn oc-
casions.
The privileges and benefit of the writ of Habeas
Corpus shall be enjoyed in this Government, in the
most expeditious and ample manner ; and shall not
be suspended by the Legislature, except upon the
most urgent and pressing occasions, and for a limited
time not exceeding . months.
" The liberty of the press shall be inviolably pre-
served.
" No troops shall be kept up in time of peace, but
by consent of the Legislature.
^' The military shall always be subordinate to the
1366 DEBATES IN TEE [1787.
civil power; and no grants of money ahtM be made
by the Legislature for supporting military land
forces, for more than one year at a time.
" Ho soldier shall be quartered in any house, in
time of peace, without consent of the owner.
" No person holding the office of President of the
United States, a Judge of their Supreme Court,
Secretary for the department of Foreign affairs, of
Finance, of Marine, of War, or of shall be
capable of holding at the same time any other office
of trust or emolument, under the United States, or
an individual State.
*'No religious test or qualification shall ever he
annexed to any oath of office, under die authority
of the United States.
" The United States shall be forever considered
as one body corporate and politic in law, and en-
titled to all the rights, privileges and immunities,
which to bodies ccwporate do or ought to appertain.
"The Legislature of the United States shall hare
the poviet 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
1787.] FEDERAL CONVENTION. 1367
of Detail, without debate or consideration of them
by the House.
Mr. GouvERNEDR MoRRis, secouded by Mr. PmcK-
NEY, submitted the following propositions, whidi
were, ia like manner, referred to the Committee of
Detail :
'' To assist the President in conducting the public
affairs, there shall be a Council of State composed
of the following officers :
'^ 1. The Chief Justice of the Supreme Court, who
shall from time to time recommend such alterations
of and additions to the laws of the United States,
as may in his opinion be necessary to the due ad-
ministration of justice; and such as may promote
useful learning and inculcate sound morality through*
out the Union. He shall be President of the Coun-
cil, in the absence of the President.
''2. The Secretary of Domestic affairs, who shall
be appointed by the President, and hold his office
during pleasure. It shall be his duty to attend to
matters of general police, the state of agriculture
and manufactures, the opening of roads and naviga-
tions, and the facilitating communications through
the United States ; and he shall from time to time
recommend $uch measures and establishments as
may tend to promote those objects.
"3 The Secretary of Commerce and Finance,
who shall also be appointed by the President during
pleasure. It shall be his duty to superintend all
matters relating to the public finances, to prepare
and report plans of revenue and for the regulation
of expenditures, and also to recommend such things
1368 DEBATES IN THE {,1787.
as may, in his judgment, promote the commercial
interests of the United States.
"4. Tlie 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-gene-
rally to attend to the interests of the United States
in their connections with foreign powers.
" 5. The Secretary of War, who shall also be ap-
pointed by the President during pleasure. It shall
be his duty to superintend every thing relating to the
War department, such as the raising and equipping
of troops, the care of military stores, public fort>5ca-
tions, arsenals and the like ; also in time of war to
prepare and recommend plans of offence and de-
fence.
" 6. The Secretary of the Marine, who shall also
be appointed during pleasure. It shall be his duty
to superintend erery thing relating to the Marine
department, the public ships, dock-yards, naval
stores and arsenals ; also in the time of war to pre-
1787.] FEDERAL CONVENTION. 1369
ibnn to such opinions, or not, as he may think
proper; and every officer above mentioned shall be
responsible for his opinion, on the affairs relating to
his particular department.
^' Each of the officers above mentioned shall be
liable to impeachment and removal from office, for
neglect of duty, malversation or corruption."
Mr. Gerry moved, " that .the Committee be in-
structed to report proper qualifications for the Presi-
dent and a mode of trying the Supreme Judges in ca-
ses of impeachment/'
The clause, " to call forth the aid of the militia,
(&c.," was postponed till report should be made as
to the power over the militia, referred yesterday to
the Grand Committee of eleven.
Mr. Mason moved to enable Congress ^' to enact
sumptuary laws." No government can be main-
tained unless the manners be made consonant to it.
Such a discretionary power may do good, and can do
no harm. A proper regulation of exercises and
of trade, may do a great deal; but it is best to
have an express provision. It was objected to
sumptuary laws, that they were contrary to nature.
This was a vulgar error. The love of distinction, it
is true, is natural ; but the object of sumptuary laws
is not to extinguish this principle, but to give it a
proper direction.
Mr. Ellsworth. The best remedy is to enforce
taxes and debts. As far as the regulation of eating
and drinking can be reasonable, it is provided for in
the power of taxation.
Mr. Gouverneur Morris argued that sumptuary
laws tended to create a landed nobility, by fixing in
Vol. I.— 86 ♦
1370
DEBATES IN THE
[1787.
the grea.t landholders, and their posterity, their
present possessions.
Mr. Gerry. The law of necessity is the best
sumptuary law.
On the motion of Mr. Mason as to " sumptnary
laws," —
Delaware, Maryland, Georgia, aye — 3 ; New
Hampshire, Massachusetts, Connecticut, New Jer-
sey, Pennsylvania, Vii^inia, North Carolina, South
Carolina, no — 8.
On tlie clause, " and to make all laws necessary
and pro[)er for carrying into execution the foregoing
powers, and all other powers vested, by this CtHisti-
tution, in the Government of the United States, or
any department or officer thereof," —
Mr. Madison and Mr. Pincenet moved to insert,
between " laws" and " necessary," " and establish
all offices;" it appearing to them liable to cavil, that
the latter was not included in the former.
Mr. GoDVERNEDR MoRRis, Mr. Wilson, Mr. Rdt-
LEDGE, and Mr. Ellsworth, urged that the amend*
ment could not be necessary.
On the motion for inserting, "and establish all
1787.] FEDERAL CONVENTION. 1371
It did not appear to go as far as the statute of Ed-
ward III. He did not see why more latitude might
not be left to the Legislature. It would be as safe
as in the hands of State Legislatures ; and it
was inconvenient to bar a discretion which experi-
ence might enlighten, and which might be applied
to good purposes as well as be abused.
Mr. Mason was for pursuing the statute of Ed-
ward III.
Mr. GouvERNEUR Morris was for giving to the
Union an exclusive right to declare what should be
treason. In case of a contest between the United
States and a particular Stale, the people of the
latter must, under the disjunctive terms of the clause,
be traitors to one or other authority.
Mr. Randolph thought the clause defective in
adopting the words,. " in adhering," only. The Brit-
ish statute adds, "giving them aid and comfort,''
which had a more extensive meaning.
Mr. Ellsworth considered the definition as the
same in fact with that of the statute.
Mr. GrouvERNEUR MoRRis. " Adhering" does not
go so far as " giving aid and comfort," or the latter
words may be restrictive of " adhering." In either
case the statute is not pursued.
Mr. Wilson held " giving aid and comfort" to be
explanatory, not operative words ; and that it was
better to omit them.
Mr. Dickinson thought the addition of " giving aid
and comfort" unnecessary and improper ; being too
vague and extending too far. He wished to know
what was meant by the "testimony of two wit-
nesses ;" whether they were to be witnesses to the
1372
DEBATES IN THE
[1787.
same overt act, or to different overt acts. He thought
also, that proof of an overt act ought to be expressed
as essential in the case.
Doctor Johnson considered " giving aid and com-
fort" as explanatory of " adhering," and that some-
thing should be inserted in the definition concerning
overt acts. He contended that treason could not be
both against the United States, and individual
States; being an offence against the sovereignty,
vrhich can be but one in the same community.
Mr. Madison remarked that "and," before "in
adhering," should be changed into " or ;" otherwise
both offences, viz. of " levying war," and of " adher-
ing to the enemy," might be necessary to constitute
treason. He added, that, as the definition here was
of treason against the United States, it would seem
that the individual States would be left in possession
of a concurrent power, so far as to define and pun-
ish treason particularly against themselves, which
might involve double punishment."
It was moved tliat the whole clause be recommit-
ted, which was lost, the votes being equally di-
•yided, —
1787.] FEDERAL CONVENTION. 1373
the United States, as here defined ; and against a
particular State, according to its laws.
Mr. Ellsworth. . There can be no danger to the
general authority from this ; as the laws of the
United States are to be paramount.
Doctor Johnson was still of opinion there could be
no treason against a particular State. It could not,
even at present, as the C!onfederation now stands ;
the sovereignty being in the Union ; much less can
it be under the proposed system.
Col. Mason. The United States will have a
qualified sovereignty (mly. The individual States
will retain a part of the sovereignty. An act may
be treason against a particular State, which is not
so against the United States. He cited the rebel-
lion of Bacon in Virginia, as an illustration of the
doctrine.
Doctor Johnson. That case would amount to
treason against the sovereign, the supreme sovereign^
the United States.
Mr. King observed, that the controversy relating
to treason, might be of less magnitude than was sup-
posed; as the Legislature might puniA capitally
under other names than treason.
Mr. GouvERNEUR Morris and Mr. Randolph wish-
ed to substitute the words of the British statute, and
moved to postpone Article 7, Section 2, in order to
consider the following substitute : " Whereas it is es-
sential to the preservation pf liberty to define precisely
and exclusively what shall constitute the crime of
treason, it is therefore ordained, declared and estab-
lished, that if a man do levy war against the United
States, within their territories, or be adherent to the
1374 DEBATES IN THB [1787.
enemies of tbe United States within the said territo-
ries, giving them aid and comfort within their territo-
ries or elsewhere, and thereof be provably attainted
of open deed, by the people of his condition, he shall
be adjudged guilty of treason."
On this question, —
New Jersey, Virginia, aye— 2; Massachusetts,
Connecticut, Pennsylvania, Delaware, Maryland,
North Carolina, South Carolina, Georgia, no— 8.
It was then moved to strike out " against the
United States" after "treason," so as to define trea-
son generally ; and on this question, —
Massachusetts, Connecticut, New Jersey, Penn-
sylvania, Delaware, Maryland, South Carolina,
Georgia, aye — 8 ; Virginia, North Carolina, no — 2.
It was then moved to insert, after " two witnesses,"
the words, " to the same overt act.''
Doctor Franklin wished this amendment to take
place. Prosecutions for treason were generally vir-
ulent ; and perjury too easily made use of against
innocence.
Mr. Wilson. Much may be said on both sides.
Treason may sometimes be practised in such a man-
1787.] FEDERAL CONVENTION. 1375
Mr. Broom seconds the motion.
Mr. Wilson. In cases of a general nature, trea-
son can only be against the United States ; and in
such they should have the sole right to declare the
punishment ; yet in many cases it may be otherwise.
The subject was, however, intricate, and he dis-
trusted his present judgment on it.
Mr. King. This amendment results from the vote
defining treason generally, by striking out, '' against
the United States," which excludes any treason
against particular States. These may, however,
punish offences, as high misdemeanours.
On the question for inserting the word ^' sole," it
passed in the negativie, — ^New Hampshire, Massa-
chusetts, Pennsylvania, Delaware, South Carolina,
aye — 5; Connecticut, New Jersey, Maryland, Vir-
ginia, North Carolina, Georgia, no— ^.
Mr. Wilson. The clause is ambiguous now.
'^ Sole " ought either to have been inserted, or
'' against the United States," to be re-instated.
Mr. King. No line can be drawn between levy-
ing war and adhering to the enemy agaiftst the Uni-
ted States, and against an individual State. Trea-
son against the latter must be so against the former*
Mr. Sherman. Resistance against the laws of
the United States, as distinguished from resistance
against the laws of a particular State, forms the
line.
Mr. Ellsworth. The United States are sover-
eign on one side of the line, dividing the jurisdic-
tions— ^the States on the other. Each ought to have
power to defend their respective sovereignties.
Mr. Dickinson. War or insurrection against a
1376 DEBATES IN THB [1787.
member of the Union must be so against the whole
body; but tbe Constitution should be made clear on
this point.
The clause was reconsidered, nem. con.; and tiien
Mr. Wilson and Mr. Ellsworth moved to reinstate,
" against the United States," after " treason ;" on
which question, — Connecticut, New Jersey, Mary-
land, Virginia, North Carolina, Georgia, aye — 6;
New Hampshire, Massachusetts, Pennsylvania, Del-
aware, South Carolina, no — 5.
Mr. Madison was not satisfied with the footing on
which the clause now stood. As treason against
the United States involves treascra against particu-
lar States, and vice versa, the same act may be
twice tried, and punished by the different anthori-
ties.
Mr. GooTERHEDR MoRRis vicwcd tbe matter in the
same light.
It was moved and seconded to amend the sentence
to read : " Treason against the United States shall
consist only in levying war against them, or in ad-
hering to their enemies ;" which was agreed to.
Col. Mason moved to insert the words, " giving
1787.] FEDERAL CONVENTION. 1377
ryland, Virginia, aye — 1 ; Massachusetts, South Car-
olina, Georgia, no — 3 ; North Carolina, divided.
• Article 7, Sect 2, as amended, was then agreed
to, nem. can.^
Article 7, Sect. 3, was taken up. The words^
" white and others," were struck out, hem* con.^ as
superfluous.
Mr. Ellsworth moved to require the first census
to be taken within " three,'' instead of " six," years,
from the first meeting of the Legislature ; and on the
question, — New Hampshire, Massachusetts, Connec*
ticut. New Jersey, Pennsylvania, Delaware, Mary-
land, Virginia, North Carolina, aye'^9; South Caro-
lina, Georgia, no — 2.
Mr. Kino asked, what was the precise meaning of
direct taxation ? No one answered.
Mr. Gerrt moved to add to Article 7, Sect. 3, the
following clause : " That from the first meeting of
the Legislature of the United States until a census
shall be taken, all moneys for supplying the public
treasury by direct taxation shall be raised from the
several States according to the number of their Rep-
resentatives respectively in the first branch."
Mr. Langdon. This would bear unreasonably
hard on New Hampshire, and he must be against it.
Mr. Carroll opposed it. The number of Repre-
sentatives did not admit of a proportion exact enough
for a rule of taxation.
Before any question, the House
Adjourned.
Vol. I.— 87
DEBATES IN THB
[1787.
Tuesday, Aogdst 21st.
Jh Convention, — Governor Livingston, irom the
Cominittee of eleven to whom were referred the pro-
positions respecting the debts of the several States,
and also the militia, entered on the eighteenth inst.,
delivered the following report :
" The Legislature of tlie United States shall have
power to fulfil the engagements which have been
entered into by Congress, and to discharge, as well
the debts of the United States, as the debts incurred
by the several States, during the late war, for the
common defence and general welfare.
" To make laws for organizing, arming, and dis-
ciplining the militia, and for governing such part of
them as may be employed in the service of the
United States; reserving to the States, respectively,
the appointment of the officers, and the authority
of training the militia, according to the discipline
prescribed by the United States."
Mr. Gerrt considered giving the power only,
without adopting the obligation, as destroying the
1787*3 FEDERAL CONVENTION. 1379
Mr. Sherman. It means neither more nor less
than the Confederation, as it relates to this subject.
Mr. Ellsworth moved that the Report delivered
in by Governor Livingston should lid on the table ;
which was agreed to, nem. can.
Article 7, Section 3, was then resumed.
Mr. Dickinson moved to postpone this, in order to
reconsider Article 4, Section 4, and to limit the
number of Representatives to be allowed to the
large States. Unless this were done, the small
States would be reduced to entire insignificance, and
encouragement given to tiie importation of slaves.
Mr. Sherman would agree to such a re-considera-
tion ; but did not see the necessity of postponing the
section before the House. Mr. Dickinson withdrew
his motion.
Article 7, Section 3, was then agreed to, — ten
ayes ; Delaware alone, no.
Mr. Sherman moved to add to Section 3, the foU
lowing clause : '^ and all accounts of supplies fur-^
nished, services performed, and moneys advanced, by
the several States to the United States, or by the
United States to the several States, shall be adjust^
ed by the same rule."
Mr. Gouverneur Morris seconds the motion.
Mr. GoRHAM thought it wrong to insert this in the
C!onstitution. The Legislature will no doubt do what
is right. The present Congress have such a power,
and are now exercising it.
Mr. Sherman. Unless some rule be expressly
given, none will exist under the new system.
Mr. Ellsworth, Though the contracts of Con-
gress will be binding, there will be no Tule for exe-
1390 DBBATBS IN TBB [ 17B7.
cuting them on the States; and one ought to be
provided.
Mr. Sherman withdrew his motion, to make way
for one of Mr. Williamson, to add to Section 3,—
"By this rule the sereral quotas of the States
shall be determined, in settling the expenses of the
late war."
Mr. Carroll brought into view the difficulty that
might arise on this subject, from the establishment
of the Constitution as intended, without the unam-
mous consent of the States.
Mr. Williamson's motion was postponed, nem. con.
Article 6, Section 12, which had been postponed
on the fifteenth of August, was now called for by
Colonel Mason, who wished to know how the pro-
posed amendment, as to money bills, would be de-
cided, before he agreed to any further points.
Mr. Gerrt's motion of yesterday, " that previous
to a census direct taxation be proportioned on the
States according to the number of Representatives,"
was token up. He observed, that the principal acts
of Government would probably take place within
1787.] FEDERAL CONYBNTION. 1381
could be applied, and so forth. He proposed to
amend the motion by adding the words, " subject
to a final liquidation by the foregoing rule, when a
census shall have been taken."
Mr. Madison. The last appointment of Con-
gress, on which the number of Representatives was
founded, was conjectural and meant only as a tempo-
rary rule, till a census should be established.
I^Ir. Read. The requisitions of Congress had
been accommodated to the impoverishment produced
by the war ; and to other local and temporary cir-
cumstances.
Mr. Williamson opposed Mr. Gerry's motion.
Mr. Langdon was not here when New Hamp-
shire was allowed three members. It was more
than her share; he did not wish for them.
Mr. Butler contended warmly for Mr. Gerry's
motion, as founded in reason and equity.
Mr. Ellsworth's proviso to Mr. Gerry's motion
was agreed to, nem. con.
Mr. King thought the power of taxation given to
the Legislature rendered the motion of Mr. Gerry
altogether unnecessary.
On Mr. Gerry's motion, as amended, —
Massachusetts, South Carolina, aye — 2 ; New
Hampshire, Connecticut, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, Georgia, no — 8 ; North
Carolina, divided.
On a question, " Shall Article 6, Sect. 12, with the
amendment to it, proposed and entered on the fif-
teenth inst., as called for by Colonel Mason, be now
taken up V it passed in the negative, —
New Hampshire, Connecticut, Virginia, Maryland,
1383
Debates in the
[1787.
North Carolina, aye — 5; Massachusetts, New Jer-
sey, Fennsylrania, Delaware, South Carolina, Geor-
gia, no — 6.
Mr. L. Martin. The power of taxation is most
likely to be criticised by the public. Direct taxa-
tion should not be used but in cases of absolute ne-
cessity ; and then the States will be the best judges
of the mode. He therefore moved the following addi-
tion to Article 7, Sect. 3 : " and whenever the Legis-
lature of the United States shall find it necessary
that revenue should be raised by direct taxation,
having apportioned tlie same according to the above
rule on the several Stales, requisitions shall be made
of the respective States to pay into the Continental
Treasury their respective quotas, within a time in the
said requisitions specified ; and in case of any of the
States failing to comply with such requisitions, then,
and then only, to devise and pass acts directing the
mode, and authorizing the collection of the same."
Mr. McHenry seconded the motion ; there was no
debate, and on the question, —
New Jersey, aye — I ; New Hampshire, Connecti-
cut, Pennsylvania, Delaware, Virginia, North Caro-
1787.] FEDERAL CONVENTION. 1383
cuirence of two-thirds, or three-fourths of the Legis-
lature, in such cases.
Mr. Ellsworth. It is best as it stands. The power
of regulating trade between the states will protect
them against each other. Should this not be the
case, the attempts of one to tax the produce of an-
other, passing through its hands, will force a direct
exportation and defeat themselves. There are solid
reasons against Congress taxing exports. First, it
will discourage industry, as taxes on imports discour-
age luxury. Secondly, the produce of different
States is such as to prevent uniformity in such taxes.
There are indeed but a few articles that could be
taxed at all ; as tobacco, rice and indigo ; and a tax
on these alone would be partial and unjust. Third-
ly, the taxing of exports would engender incurable
jealousies.
Mr. Williamson. Though North Carolina has
been taxed by Virginia by a duty on twelve thou-
sand hogsheads of her tobacco through Vircrinia, yet
he would never agree to this power. Should it take
place, it would destroy the last hope of the adoption
of the plan.
Mr. GouvERNEUR Morris. These local consid-
erations ought not to impede the general interest.
There is great weight in the argument, that the ex-
porting States will tax the produce of their uncom-
mercial neighbours. The power of regulating the
trade between Pennsylvania and New Jersey will
never prevent the former from taxing the latter.
Nor will such a tax force a direct exportation from
New Jersey. The advantages possessed by a large
trading city outweigh the disadvantage of a mod-
1384 DEBATES IN THE [1787.
eiate duty ; and will retain the trade in that chan-
nel. If no tax can be laid on exports, an embargo
cannot be laid, though in lime of war such a mea-
sure may be of critical importance. Tobacco, lum-
ber and live stock, are three objects belonging to
different States of which great advantage might be
made by a power to tax exports. To these may be
added ginseng and masts for ships, by which a tax
might be thrown on otiicr nations, The idea of
supplying the West Indies with lumber from Nova
Scotia, is one of the many follies of Lord Sheffield's
pamplilet. The state of the country, also, will
change, and render duties on exports, as skins, bea-
rer and other peculiar raw materials, politic in the
view of encouraging American manufactures.
Mr. Bi'Ti.ER was strenuously opposed to a power
over exports, as unjust and alarming to the staple
States.
Mr. Langdon suggested a prohibition on the States
from taxing the produce of other States exported
from their harbours.
Mr. Dickinson. The power of taxing exports
may be inconvenient at present ; but it must be of
dangerous consequence to prohibit it with respect to
all articles, and for ever. He thought it would be
better to except particular articles from the power.
Mr. Sherman. It is best to prohibit the National
Legislature in all cases. The States will never give
up all power over trade. An enumeration of par-
ticular articles would be difficult, invidious, and im-
proper
Mr. Madison. As we ought to be governed by
aational and permanent views, it is a sufficient argu-
1787.] FEDERAL CONVENTION. 1385
meat for giving the power over exports, that, a tax,
though it may not be expedient at present, may be
80 hereafter. A proper regulation of exports may,
and probably will, be necessary hereafter, and for
the same purposes as the regulation of imports, viz,
for revenue, domestic manufactures, and procuring
equitable regulations from other nations. An em-
bargo may be of absolute necessity, and can alone be
effectuated by the general authority. The regula-
tion of trade between State and State cannot effect
more than indirectly to hinder a State from taxing
its own exports, by authorizing its citizens to carry
their commodities freely into a neighbouring State,
which might decline taxing exports, in order to draw
into its channel the trade of its neighbours. As to
the fear of disproportionate burthens on the more
exporting States, it might be remarked that it was
agreed, on all hands, that the revenue would princi-
pally be drawn from trade, and as only a given rev-
enue would be needed, it was not material whether
all should be drawn wholly from imports, or half
from those and half from exports. The imports and
exports must be pretty jtiearly equal in every State,
and, relatively, the same among the different States.
Mr. Ellsworth did not conceive an embargo by
the Congress interdicted by this section.
Mr. McHenry conceived that power to be inclu-
ded in the power of war.
Mr. Wilson. Pennsylvania exports the produce
of Maryland, New Jersey, Delaware, and will by
and by, when the river Delaware is opened, export
for New York. In favoring the general power over
exports, therefore, he opposed the particular interest
Vol. I.— 87 *
1386
DEBATES IN
[1787.
of his State. He remarked that the power had been
attacked by reasoning which could only have held
good, in case the General Government had been
compelled, instead of authorized, to lay duties on ex-
ports. To deny this power is to take from the com-
mon Government half the regulation of trade. It
was liis opinion, that a power over exports might be
more effectual, than that over imports, in obtaining
beneficial treaties of commerce.
Mr. Gebrt was strenuously opposed to the power
over expoNs. It might be made use of to compel
the States to comply with the will of the General
Government, and to grant it any new powers which
might be demanded. We have given it more power
already than we know how will be exercised. It
will enable the General Government to oppress the
States, as much as Ireland is oppressed by Great
Britain.
Mr. FiTzsiMONs would be against a tax on exports
to be laid immediately; but was for giving a power
of laying the tax when a proper time may call for
it. This would certainly be the case when America
1787.] FEDERAL CONVENTION. 1387
ginia.] If we compare the States in this point of
view, the eight Northern States have an interest
different from the five Southern States; and have^
in one branch of the Legislature, thirty-six votes,
against twenty-nine, and in the other in the propor-
tion of eight against five. The Southern States had
therefore ground (or their suspicions. The case of
exports was not the same with that of imports. The
latter were the same throughout the States; the
former very different. , As to tobacco, other nations
do raise it, and are capable of raising it, as well as
Virginia, <&c. The impolicy of taxing that article had
been demonstrated by the experiment of Virginia.
Mr. Clymer remarked, that every State might
reason with regard to its particular productions in
the same manner as the Southern States. The
Middle States may apprehend an oppression of
their wheat, flour, provisions, &c. ; and with more
reason, as these articles were exposed to a competi-
tion in foreign markets not incident to tobacco, rice,
<&c. They may apprehend also combinations against
them, between the Eastern and Southern States, as
much as the latter can apprehend them between the
Eastern and middle. He moved, as a qualification
of the power of taxing exports, that it should be re-
strained to regulations of trade, by inserting, after
the word " duty," Article 7, Section 4, the words,
" for the purpose of revenue."
On the question on Mr. Clymer's motion, —
New Jersey, Pennsylvania, Delaware, aye — 3;
New Hampshire, Massachusetts, Connecticut, Mary-
land, Virginia, North Carolina, South Carolina,
Georgia, no — 8.
1388 DEBATES IN THE [1787.
Mr. Madison, in order to require two-tbirds of
each House to tax exports, as a lesser evil than a
total prohibition, moved to insert the words, " unless
by consent of two-thirds of tlie Legislature."
Mr. Wilson seconds; and on this question, it
passed in the negative, —
New Hampshire, Massachusetts, New Jersey,
Pennsylvania, Delaware, aye — 5 ; Connecticut, Mary-
land, Virginia, (Colonel Mason, Mr. Randolph, Mr.
Blair, do ; General Washington, Mr. Madison, aye)
North Carolina, South' Carolina, Georgia, no — 6.
On the question on Article 7, Section 4, as far as
to " no tax shall be laid on exports," it passed in the
affirmative, —
Massachusetts, Connecticut, Maryland, Virginia,
(General Washington and Mr. Madison, no) North
Carolina, South Carolina, Cieorgia, aye — 7; New
Hampshire, New Jersey, Pennsylvania, Delaware,
no — l."*
Mr. L. Martin proposed to vary Article 7, Section
4, so as to allow a prohibition or tax on the impor-
tation of slaves. In the first place, as five slaves are
1787.J FEDERAL CONVENTION. 1«389
slaves could be encourageid by this sectioiic He was
not apprehjensive of insurrections, and would readily
exempt the other States from the obligation to pro-
tect the Southern against them. Religion and
humanity had nothing to do with this question. In-
terest alone is the governing principle with nations.
The true question at present is, whether the Southern
States shall or shall not be parties to the Union^
If the Northeni States consult their interest, they
will not oppose the increase of slaves, which will
increase the commodities of which they will become
the carriers.
Mr. Ellsworth was for leaving the clause as it
stands. Let every State import what it pleases.
The morality or wisdom of slavery are considera-
tions belonging to the States themselves. What
enriches a part enriches the whole, and the States
are the best judges of their particular interest. The
old Confederation had not meddled with this point ;
and he did not see any greater necessity for bringing
it within the policy of the new one.
Mr. PiNCKNEY. South Carolina can never receive
the plan if it prohibits the slave-trade. In every
proposed extension of the powers of Congress, that
State has expressly and watchfully excepted that
of meddling witli the importation of negroes. If
tlie States be all left at liberty on this subject^
South Carolina may perhaps, by degrees, do of her-
self what is wished, as Virginia and Manryland al-
ready have done.
Adjourned.
f
1390
DEBATES IN THE
riTsx
Wednesday, Augdst S!2d.
In CoTwention, — Article 7, Section 4, was resumed-
Mf. Sherman was for leaving the clause aa il
Btands. He disapproved of the slave trade; yet a»
the States were now possessed of the right to inv
port slaves, as the public good did not require it to
be taken from them, and as it was expedient to have
as few objections as possible to the proposed scheme
o( government, bethought it best to leave the matter
as we find it. He observed that the abolition of
slavery seemed to be going on in the United States,
and that the good sense of the sevend States would
probably by degrees complete it. He urged on the
Convention the necessity of despatching its basiness.
Col. Mason. This infernal trafficoriginatedin the
avarice of British merchants. The British CSorem'
ment constantly checked the attempts of Virginia to-
put a stop to it. The present question concerns not
the importing States alone, but the whole Union.
The evil of having slaves was experienced during
1787.] FEDERAL CONVENTION. 1391
Carolina had done the same in substance. All this
would be in vain, if South Carolina and Georgia be
at liberty to import. The Western people are al-
ready calling out for slaves for their new lands ; and
will fill that country with slaves, if they can be got
through South Carolina and Georgia. Slavery dis-
courages arts and manufactures. The poor despise
labor when performed by slaves. They prevent the
emigration of whites, who really enrich and strength-
en a country. They produce the most pernicious
effect on manners. Every master of slaves is bom
a petty tyrant They bring the judgment of Heaven
on a country. As nations cannot be rewarded or
punished in the next world, they must be in this. By
an inevitable chain of causes and effects. Providence
punishes national sins by national calamities. He la-
mented that some of our Eastern brethren had, from
a lust of gain, embarked in this nefarious traffic.
As to the States being in possession of the right to
import, this was the case with many other rights,
now to be properly given up. He held it essential
in every point of view, that the General Grovem-
ment should have power to prevent the increase of
slavery.
Mr. Ellsworth, as he had never owned a slave,
could not judge of the effects of slavery on character.
He said, however, that if it was to be considered in
a moral light, we ought to go further and free those
already in the country. As slaves also multiply so
fast in Virginia and Maryland that it is cheaper to
raise than import them, whilst in the sickly rice
swamps foreign supplies are necessary, if we go no
further than is urged, we shall be unjust towards
1392
DEBATES IN THE
[1787.
South Carolina and Georgia. Let as not intermed-
dle. As population increases, poor laborers will be
so plenty as to render slaves useless. Slavery, in
time, will not be a speck in our country. Provinon
is already made in Connecticut for abolishing it
And the abolition has already taken place in Massa-
chusetts. As to the danger of insurrections from
foreign influence, that will become a motive to kind
treatment of the slaves.
Mr. PiMCKifEY. If slavery be wrong, it is justified
by the example of all the world. He cited the case
of Greece, Rome and other ancient States; the
sanction given by France, England, Holland and
other modern states, In all ages one half of man-
kind have been slaves. If the Southern States were
let alone, they will probably of themselves stop im-
portations. He would himself, as a citizen of South
Carolina, vote for it An attempt to take away the
right, as proposed, will produce serious objections to
the Constitution, which he wished to see adopted.
General Pincenet declared it to be his firm opin-
ion that if himself and all his colleagues were to
1787.] FEDERAL CONVENTION. 1393
be for the interest of the whole Union. The more
slaves, the more produce to employ the carrying
trade ; the more consumption also ; and the more of
this, the more revenue for the common treasury. He
admitted it to be reasonable that slaves should be
dutied like other imports; but should consider a
rejection of the clause as an exclusion of South
Carolina from the Union.
Mr. Baldwin had conceived national objects alone
to be before tlie Convention ; not such as, like the
present, were of a local nature. Georgia was de«
cided on this point. That State has always hitherto
supposed a General Grovernment to be the pursuit
of the central states, who wished to have a vortex
for every thing ; that her distance would preclude her,
from equal advantage ; and that she could not pru«
dently purchase it by yielding national powers.
From this it might be understood, in what light she
would view an attempt to abridge one of her favor-
ite prerogatives. If left to herself, she may probably
put a stop to the evil. As one ground for this con-
jecture, he took notice of the sect of ; which
he said was a respectable class of people, who
carried their ethics beyond the mere equality ofmen^
extending their humanity to the claims of the whole
animal creation.
Mr. Wilson observed that if South Carolina and
Georgia were themselves disposed to get rid of the
importation of slaves in a short time, as had been
suggested, they would never refuse to unite because
the importation might be prohibited. As the section
now stands, all articles imported are to be taxed.
Vol. I.— 88
1394 DEBATES IN THE [1787.
Slaves alone are exempt. This is in fact a bounty
on that article.
Mr. Gerry thought we had nothing to do with
the conduct of the States as to slaves, but ought to
be careful not to give any sanction to it.
Mr. DicKi>soN considered it as inadmissible, on
every principle of honor and safety, that the impor-
tation of slaves should be authorized to the States
by the Constitution. The true question was, whether
the national happiness would be promoted or im-
peded by the importation ; and this question ought
to be left to the National Government, not to the
States particularly interested. If England and
France permit slavery, slaves are, at the same
time, excluded from both tliose kingdoms. Greece
and Rome were made unhappy by their slaves.
He could not believe that the Southern States
Would refuse to confederate on the account appre-
hended ; especially as the power was not likely
to be immediately exercised by the General G'ov-
emment.
Mr. Williamson stated the law of North Carolina
on the subject, to-wit, that it did not directly pro-
hibit the importation of slaves. It imposed a duty
of £5 on each slave imported from Africa ; £10 on
each from elsewhere; and £50 on each from a State
licensing manumission. He thought the Southern
States could not be members of the Union, if the
clause should be rejected ; and that it was wrong to
force any thing down not absolutely necessary, and
wliich any State must disagree to.
Mr. King thought the subject should be considered
in a political light only. If two States will not
1787.] FEDERAL CONVENTION. 1395
agree to the Constitution^ as stated on one side^ he
could affirm with equal belief, on the other, that
great and equal opposition would be experienced from
the other States. He remarked on the exemption
of slaves from duty, whilst every other impcnrt was
subjected to it, as an inequality that could not fail
to strike the commercial sagacity of the Northern
and Middle States.
Mr. Langdon was strenuous fot giving the power
to the General Government. He could not, with a
good conscience, leave it with the States, who could
then go on with the traffic, without being restrained
by the opinions here gtven, that they will them-
selves cease to import slaves.
Greneral Pinckney thought himself bound to de-
clare candidly, that he did not think South Caro-
lina would stop her importations of slaves, in any
short time ; but only stop them occasionally as slie
now does. He moved to commit the clause, that
slaves might be made liable to an equal tax with
other imports ; which he thought right, and which
would remove one difficulty that had been started.
Mr. RoTLEDGE. If the Convention thinks that
North Carolina, South Carolina, and Georgia, will
ever agree to the plan, unless their right to import
slaves be untouched, the expectation is vain. The
people of those States will never be such fools, as to
give up so important an interest. He was strenuous
against striking out the section, and seconded the
motion of General Pinckney for a commitment.
Mr. GouvERNEUR Morris wished the whole subject
to be committed, including the clauses relating to
taxes on exports and to a navigation act. These
1396 DEBATES IN THE [1787.
things may form a bargain among the Northern and
Southern States.
Mr, Butler declared that he never would agree
to the power of taxing exports.
Mr. Sherman said it was better to let the Southern
States import slaves, than to part witli them, if they
made that a sine qtia non. He was opposed to a tax
on slaves imported, as making the matter worse, be-
cause it implied they were property. He acknow-
ledged that if the power of prohibiting the importa-
tion should be given to the General Government,
that it would be exercised. He thought it would
be its duty to exercise the power.
Mr. Read was for the commitment, provided the
clause concerning taxes on exports should also be
committed.
Mr. Sherman observed that that clause had been
agreed to, and therefore could not be committed.
Mr. Randolph was for committing, in order tliat
some middle ground might, if possible, be found.
He could never agree to the clause as it stands.
He would sooner risk the Constitution. He dwelt
on the dilemma to which the Convention was ex-
posed. By agreeing to the clause, it would revolt
the Quakers, the Methodists, and many others in
the States having no slaves. On the other hand,
two States might be lost to the Union. Let us then,
he said, try the chance of a commitment.
On the question for committing the remaining part '
of Sections 4 and 5, of Article 7, — Connecticut, New
Jersey, Maryland, Virginia, North Carolina, South
Carolina, Georgia, aye — 7; New Hamp.shire, Penn-
sylvania, Delaware, no — 3; Massachusetts absent.
1787.] FEDERAL CONVENTIOW. 1397
Mr, PiNcKNEY and Mr. Langdon moved to conimit
Section 6, as to a navigation act by two-tliirds of
each House.
Mr. GoRHAM did not see the propriety of it. Is it
meant to require a greater proportion of votes 'I He
desired it to be remembered, that the Eastern States
had no motive to union but a commercial one. They
were able to protect lliemselves. They were not
afraid of external danger, and did not need the aid
of the Southern States.
Mr. Wilson wished for a commitment, in order to
reduce the proportion of votes required.
Mr. Ellsworth was for taking the plan as it is.'
This widening of opinions had a threatening aspect.
If we do not agree on this middle and moderate
ground, he was afraid we should lose two States,
witli such others as may be disposed to stand aloof;
should fly into a variety of siiapes and directioHS,
and most probably into several confederations, — and
not without bloodshed.
On the question for committing Section 6, as to a
navigation act, to a member from each State, — New
Hampshire, Massachusetts, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Carolina,
Georgia, aye — 9j Connecticut, New Jersey, no — 2.
The Committee appointed were, Messrs. Langdon,
King, Johnson, Livingston, Cl^-mer, Dickinson, L.
Martin, Madisox, Williamson, C. C. PmcKNET, and
Baldwin.
To this Committee were referred also the two
clauses abovementioned of the fourth and fifth Sec-
tions of Article 7.*"
Mr. RuTLEDGE from the Committee to whom were
1398
DEBATES IN THE
[ 1787.
referred, on the eighteenth and twentieth instant, the
propositions of Mr. Madison and Mr. Pihckwev, made
tlie report following :
" The Committee report, that, in their opinion, the
following additions should be made to the report
now before the Convention, namely :
" At the end of the first clause of the first section
of the seventh article, add, ' for payment of the debts
and necessary expenses of the United States ; provi-
ded, that no law for raising any branch of revenue,
except what may be specially appropriated for the
payment of interest on debts or loans, shall continue
in force for more than years.'
" At the end of the second clause, second section,
seventh article, add, ' and with Indians, within the
limits of any State, not subject to the laws thereof.'
" At the end of the sixteenth clause, of the second
section, seventh article, add, ' and to provide, as may
become necessary, from time to time, for the well
managing and securing the common property and
general interests and welfare of the United States in
such manner as shall not interfere with the govern-
ment of individual States, in matters which respect
only their internal police, or for which their indi-
vidual authority may be competent.'
" At the end of the first section, tenth article, add,
'he shall he of the age of thirty-five years, and a
citizen of the United States, and shall have been an
inhabitant thereof for twenty-one years.'
"After the second section, of the tenth article, in-
sert 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,
1787.] FEDERAL CONVENTION. 1399
the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the princi-
pal officer in the respective departments of foreign
affairs, domestic affairs, war, marine, and finance, as
such departments of office shall from time to time be
established ; whose duty it shall be, to advise him in
matters respecting the execution of his office, which
he shall think proper to lay before them : but their
advice shall not conclude him, nor affect his respon-
sibility for the measures which he shall adopt.'
'^ At the end of the second section of the eleventh
article, add, ' the Judges of the Supreme Court shall
be triable by the Senate, on impeachment by the
House of Representatives.'
" Between the fourth and fifth lines of the third
section of the eleventh article, after the word ' con-
troversies,' insert, ' between the United States and
an individual State, or the United States and an
individual person.' "
A motion to rescind the order of the House, re-
specting the hours of meeting and adjourning, was
negatived, — Massachusetts, Pennsylvania, Delaware,
Maryland, aye — 4; New Hampshire, Connecticut,
New Jersey, Virginia, North Carolina, South Caro-
lina, Georgia, no — 7.
Mr. Gerry and Mr. McHenry moved to insert,
after the second Section, Article 7, the clause fol-
lowing, to wit : '^ The Legislature shall pass no bill
of attainder, nor any ex post facto law."*
Mr. Gerrt urged the necessity of this prohibition.
* The proceedings on this motion, involving the two questions on attain-
i&n tnd ez poet facto UwS| an not so fully stated in the printed JournaL
1400 DEBATES IN THE [1787.
which he said was greater in the National than the
State Legislature ; because the number of members
in the former being fewer, they were on that ac-
count the more to be feared.
Mr. GouvERNEUA Morris thought the precaution
OB to ex post facto laws unnecessary ; but essential
as to bills of attainder. >
Mr. Ellsworth contended that there was no law-
yer, no civilian, who would not say, that ex pott
facto laws were void of themselves. It cannot,
then, be necessary to prohibit them.
Mr. Wilson was against inserting any thing in the
Constitution, as to ex post facto laws. It will bring
reflections on the Constitution, and proclaim tliat we
are ignorant of the first principles of legislation, or
are constituting a government that will be so.
The question being divided, the first part of the
motion relating to bills of attainder was agreed to,
nem. con.
On the second part relating to ex pott facto
laws, —
Mr. Carroll remarked, that experience over-
ruled all other calculations. It had proved that, i
1787.] FEDERAL CpKVENTION. 1401
has been violated, it has done good there, and may-
do good here, because the Judges can take hold
of it
Doctor Johnson thought the clause unnecessary,
and implying an improper suspicion of the National
Legislature.
Mr. RuTLEDGE was in favor of the clause.
On the question for inserting the prohibition of ez
post facto laws, —
New Hampshire, Massachusetts, Delaware, Mary-
land, Virginia, South Carolina, Georgia, aye — ^7;
Connecticut, New Jersey, Pennsylvania, no — 3;
North Carolina, divided.""
The Report of the Committee of five made by
Mr. RuTLEDGE, was taken up, and then postponed,
that each member might furnish himself with a
copy.
The Report of the Committee of eleven, delivered
in and entered on the Journal of the twenty-first
instant, was then taken up ; and the first clause, con-
taining the words, " The Legislature of the United
States skdl have power to fulfil the engagements
which have been entered into by Congress," being
under consideration, — "•
Mr. Ellsworth argued that they were unneces-
sary. The United States heretofore entered into
engagements by Congress, who were their agents.
They will hereafter be bound to fulfil them by their
new agents.
Mr. Randolph thought such a provision necessary :
for though the United States will be bound, the new
Government will have no authority in the case, un-
less it be given to them.
Vol. I.— 88 ♦
1402 DEBATES IN THE {J.7S7.
Mr. Madison thought it necessary to give the au-
thority, in order to prevent misconstruction. He
mentioned the attempt made by the debtors to Brit-
ish subjects, to show that contracts under the old
Government vrere dissolved by the Revolution,
which destroyed the political identity of the so-
ciety.
Mr. Gerrt thought it essential that some explicit
provision should be made on this subject; so that
no pretext might remain for getting rid of the pub-
lic engagements.
Mr. GoovERREUR Morris moved, by way of
amendment, to substitute, "The Legislature shaU
discharge the debts, and fulfil the engagements of
the United States."
It was moved to vary the amendment, by striking
out " discharge the debts," and to insert " liquidate
the claims;" which being negatived, the amendment
moved by Mr. Gouvernedr Morris was agreed to,
— all the States being in the affirmative. *"
It was moved and seconded, to strike the follow-
ing words out of the second clause of the Report :
" and the authority of training the militia accordini
1787.] FEDERAL COJCVENTION. 1403
tion, to wit r " To make laws for organizing, arming
and disciplining the militia, and for governing such
parts of them as may be employed in the service of
the United States^; reserving to the States, respec-
tively, the appointment of the officers, and authority
of training the militia according to the discipline
prescribed," —
Mr. Sherman moved to strike out the last mem-
ber, " and authority of training," &c. He thought
it unnecessary. The States will have this authority
of course, if not given up.
Mr. Ellsworth doubted the propriety of striking
out the sentence. The reason assigned applies as
well to the other reservation of the appointment to
offices. He remarked at the same time, that the
term discipline was of vast extent, and might be so
expounded as to include all power on the subject.
Mr. King, by way of explanation, said that by
organizing, the Committee meant, proportioning the
officers and men — ^by arming, specifying the kind,
size and calibre of arms — and by disciplining, pre-
scribing the manual exei'cise, evolutions, &c.
Mr. Sherman withdrew his motion.
Mr. Gerry. This power in the United States, as
explained, is making the States drill-sergeants. He
had as lief let the citizens of Massachusetts be dis-
armed, as to take the command from the States, and
subject them to the General Legislature. It would
be regarded as a system of despotism.
Mr. Madison observed, that " arming,^^ as explain-
ed, did not extend to furnishing arms ; nor the term
*^ disciplining," to penalties, and courts martial for
enforcing them«
14«l.
[1787.
Mr. King added to his former explanatkm, that
arming meant not only to provide for uniformity of
arms, but included the authority to regulate the
modes of furnishing, either by the militia themselves,
the State Governments, or the National Treasury;
that laws for disciplining must involve penalties, and
every thing necessary for enforcing penalties.-
Mr. Datton moved to postpone the paragraph, in
order to take up the following proposition : " To
establish an uniform and general system of discipline
for the militia of these States, and to make laws ibr
organizing, arming, disciplining and governing such
part of them as may be employed in the service of the
United States; reserving to the States, respectively,
the appointment of the officers, and all authority over
the militia not herein given to the General Govern-
ment."
On the question to postpone, in favor of this prop-
osition, it passed in the n^ative, — New Jersey, Ma-
ryland, Georgia, aye — 3 ; New Hampshire, Massa-
chusetts, Connecticut, Pennsylvania, Delaware, Vir-
ginia, North Carolina, South Carolina, no — 8.
iLLSWORTH i
iiiERMAN moved
1787.] FEDERAL CONVENTION. .1*105
jealousy expressed by some gentlemen. The Gen«
eral and State Goyemments were not enemies to
each other, but different institutions for the good of
the people of America. As one of the people, he
could say, the National Government is mine, the
State Government is xnfne. In transferring power
from one to the other, I only take out of my left
hand what it cannot so well use, and put it into my
right hand where it can be better used.
Mr. Gerrt thought it was rather taking out of the
right hand, and putting it into the left. Will any
man say that liberty will be as safe in the hands of
eighty or an hundred men taken from the whole
continent, as in the bands of two or three hundred
taken from a single State ?
Mr. Dayton was against so absolute a uniformity.
In some States there ought to be a greater propor-
tion of cavalry than in others. In some places rifles
would be most proper, in others muskets, &c.
Greneral Pincknet preferred the clause reported
by the Committee, extending the meaning of it to
the case of fines, &c
Mr. Madison. The primary object is to secure an
effectual discipline of the militia. This will no more
be done, if left to the States separately, than the
requisitions have been hitherto paid by them. The
States neglect their militia now, and the more they
are consolidated into one nation, the less each will
rely on its own interior provisions for its safety, and
the less prepare its militia for that purpose ; in like
manner as the militia of a State would have been
still more neglected than it has been, if each county
had been independently charged with the care of it9
1406
DBBATES IN TBB
[1787.
militia. The discipline of the militia is eTidently a
national concern, and ought to be provided for in the
tuUioncU Constitution.
Mr. L. Martin was confident that the States
would never give up tjhe power over the militia;
and that, If they were to do so, the militia would be
less attended to by the General than by the State
Governments.
Mr. Randolph asked, what danger there could be,
that the militia could be brought into the field, and
made to commit suicide on themselves. This is a
power that cannot, from its nature, be abused ; un-
less, indeed, the whole mass should be corrupted.
He was for trammelling the Greneral Government
whenever there was danger, but here there could be
none. He urged this as an essential point; observ-
ing that the militia were every where neglected by
the State Legislatures, the members of which courted
popularity too much to enforce a proper discipline.
Leaving the appointment of officers to the States
protects the people against every apprehension that
could produce murmur.
On the queation on Mr. Ellsworth's motion ,-
1787.] FEDERAL CONVENTION. 1407
South Carolina, Georgia, aye — ^9 ; Connecticut, Ma-
ryland, no— 2.
Mr. Madison moved to amend the next part of the
clause so as to read, " reserving to the States, re-
spectively, the appointment of the officers, under the
ramk of general officers^ •
Mr. Sherman considered this as absolutely inad-
missible. He said that if the people should • be so
far asleep as to allow the most influential officers of
the militia to be appointed by the General Govern-
ment, every man of discernment would rouse them
by spunding the alarm to them.
Mr. Gerry. Let us at once destroy the State
Grovernments, have an Executive for life or heredi-
tary, and a proper Senate ; and then there would be
some consistency in giving full powers to the Gene-
ral Grovemment : but as the States are not to be
abolished, he wondered at the attempts that were
made to give powers inconsistent with tiieir exist-
ence. He warned the Convention against pushing
the experiment too far. Some people will support a
plan of vigorous government at every risk. Others,
of a more democratic cast, will oppose it with
equal determination ; and a civil war may be pro-
duced by the conflict.
Mr. Madison. As the greatest danger is that of
disunion of the States, it is necessary to guard
against it by sufficient powers to the common gov-
ernment ; and as the greatest danger to liberty is
from large standing armies, it is best to prevent
them by an effectual provision for a good militia.
On the question to agree to Mr. Madison's mo-
tion,— New Hampshire, South Carolina^ Geor*
1408 DESATES IN THE [1787.
gia,* aye — 3; MassachusettB, Connecticut, New
Jersey, Pennsylvania, Delaware, Maryland, Vir-
ginia, North Carolina, no— 8.
On the question to agree to the " reserving to the
States the appointment of the officers" — it was
agreed to, nem. con.
On tiie question on the clause, " and the authority
of training the militia according to the discipline
prescribed by the United States,!' —
New Hampshire, Massachusetts, Connecticut,
New Jersey, Pennsylvania, Maryland, North Caro-
lina, aye — 7 ; Delaware, Virginia, South Carolina,
Georgia, no— 4.
On the question to agree to Article 7, Section 7,
aa reported, it passed, mm. con."
Mr. PwcKNEY urged the necessity of preserriog
foreign ministers, and other offic^^ of the United
States, independent of external influence; and moved
to insert after Article 7, Section 7, the clause follow-
ing : " No person holding any office of trust or profit
under the United States shall, without the consent
of the l.egislature, accept of any present, emolu-
ment, office or title of any kind whatever, from any
1787.] FEDBRAL CaNV^NTION. 1409
thereby in their decisions, any tiling in the Constitu-
tions or laws of the several States to the contrary
notwithstanding ;" which was agreed to, nem. con.
Article 9, being next for consideration, —
Mr. GouvERNEUR M oRius argued against the ap*>
pointment of officers by the Senate. He considered
the body as too numerous for that purpose ; as sub-
ject to cabal ; and as devoid of responsibility. If
Judges were to be tried by the Senate, according to
a late Report of a Committee, it was particularly
wrong to let the Senate have the filling of vacancies
which its own decrees were to create.
Mr. Wilson was of the same opinion, and for like
reasons.
Article 9, being waved, and Article 7, Section 1,
being resumed, —
Mr. GouvERNEUR Morris moved to strike the
following words out of the eighteenth clause, " en-
force treaties," as being superfluous, since treaties
were to be " laws," — which was agreed to, nem. con.
Mr. GrouvERNEUR MoRRis movcd to alter the ftrst
part of the eighteenth clause, so as to read, '^ to pro-
vide for calling forth the militia, to execute the laws
of the Union, suppress insurrections, and repel inva-
sions,"— which was agreed to, nem. con.
On the question then to agree to the eighteenth
clause of Article 7, Sect. 1, as amended, it passed
in the affirmative, nem. con.
Mr. Charles Pinckney moved to add, as an addi-
tional 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 Legis-
lature, with the general interests and harmony of
89
UIO
dbB'ates in the
[1787.
the Union; provided that two-thirds of the members
of each House assent to the same." This principle,
he observed, had formerly been agreed to. He con-
sidered the precaution as essentially necessary.
The objection drawn from the predominance of the
laige States had been removed by the equality
established in the Senate.
Mr. Broom seconded the proposition.
Mr. Sherman thought it imnecessary; the laws of
the General Giovemment being supreme and para-
mount to the State laws, according to' the plan as it
now stands.
Mr. Madison proposed that it should be committed.
He had been from the beginning a friend to the
principle; but thought the modification might be
made better.
Mr. Mason wished to know how the power was
to be exercised. Are all laws whatever to be
brought up? Is no road nor bridge to be estab-
lished widiout the sanction of the General Legis-
lature'? Is this to sit constantly in order to receive
and revise the State laws ? He did not mean, by
these remarks, to condemn the expedient; but he
m
1787.] t^BDBRAL CONYBNTION. 1411
of Judges is not of itself sufficient. Something fhr ther
is requisite. It will be better to prevent the passage of
an improper law, than to declare it void when passed.
Mr. RuTLEDGB. If nothing else, this alone would
damn, and ought to damn, the Constitution. Will
any State ever agree to be bound hand and foot in
this manner ? It is worse than making mere corpo-
rations of them, whose by-laws would not be sub-
ject to this shackle.
Mr. Ellsworth observed, that the power contend-
ed for would require, either that all laws of the
State Legislatures should, previously to their taking
effect, be transmitted to the Greneral Legislature, or
be repealable by the latter ; or that the State Exe-
cutives should be appointed by the General Govern-
ment, and have a control over the State laws. If
the last was meditated, let it be declared.
Mr. PiNCKNEY declared, that he thought the State
Executives ought to be so appointed, with such a
control ; and that it would be so provided if another
Convention should take place.
Mr. GouvERNEUR Morris did not see the utility or
practicability pf the proposition of Mr. Pincknev, but
wished it to be referred to the consideration of a
Committee.
Mr. Langdon was in favor of the proposition.
He considered it as resolvable into the question,
whether the extent of the National Constitution
was to be judged of by the General or the State
Governments.
On the question for commitment, it passed in the
negative, —
New Hampshire, Pennsylvania, Delaware, Mary-
1412
DEBATES IN THE
[1787.
land, IHrginia, aye — 5; Massachusetts, Connecticut,
New Jersey, North Carolina, South Carolina, Geor-
gia, no — 6.
Mr. PiNCENET Uien withdrew his proposition.*
The first clause of Article 7, Sect. 1, being so
amended as to read, " The Legislature shall fulfil
the engagements and discharge the debts of the
United States ; and shall have the power to lay and
collect taxes, duties, imposts, and excises," was
agreed to.
Mr. Butler expressed his dissatisfaction, lest it
should compel payment, as well to the blood-suckers
who had speculated on the distresses of others, as to
those who had fought and bled for their country.
He would be ready, he said, to-morrow, to vote for
a discrimination between those classes of people ;
and gave notice that he would move for a re-con-
Gideration.
Article 9, Sect. 1, being resumed, to wit : " The
Senate of the United States shall have power to
make treaties, and to appoint Ambassadors, and
Judges of the Supreme Court" —
Mr. Madison observed, that the Senate represent-
1787.] FEDERAL CONVENTION. 1413
quiring a legal ratification of treaties of alliance, for
the purposes of war, <&c. &c. <ftc.
Mr. GoRHAM. Many other disadvantages must be
experienced, if treaties of peace and all negotia-
tions are to be previously ratified ; and if not previ-
ously, the ministers would be at a loss how to pro-
ceed. What would be the case in Great Britain, if
the King were to proceed in this manner 1 Ameri-
can ministers must go abroad not instructed by the
same authority (as will be the case with other min-
isters) which is to ratify their proceedings.
Mr. GouvERNEUR Morris. As to treaties of alli-
ance, they will oblige foreign powers to send their
ministers here, the very thing we should wish for.
Such treaties could not be otherwise made, if his
amendment should succeed. In general he was not
solicitous to multiply and facilitate treaties. He
wished none to be made with Great Britain, till she
should be at war. Then a good bargain might be
made with her. So with other foreign powers.
The more difficulty in making treaties, the more
value will be set on them.
Mr. Wilson. In the most important treaties, the
King of Great Britain, being obliged to resort to
Parliament for the execution of them, is under the
same fetters as the amendment of Mr. Morris's will
impose on the Senate. It was refused yesterday to
permit even the Legislature to lay duties on exports.
Under the clause without the amendment, the Senate
alone can make a treaty requiring all the rice of
South Carolina to be sent to some one particular
port.
Mr. Dickinson concurred in the amendment, as
1414 DEBATES IN THE [1787.
most safe and proper, though he was sensible it was
unfaTorable to the little Statra, which would others
wise have an equal share in making treaties.
Doctor Johnson thought there was something of
solecism in saying, that the acta of a minister with
plenipotoitiary powers from one bod j should depend
for ratification on another body. The example of
the King of Great Britain was not parallel. Full
and complete power was vested in him. If the
Parliament should fail to provide the necessary
means of execution, the treaty would be violated.
Mr. GoRHAM, in imswer to Mr. Gouvernedr Mor-
ris, said, that negotiations on the spot were not to
be desired by us; especially if the whole Legislature
is to have any thing to do with treaties. It will
be generally influenced by two or three mep, who
will be corrupted by the ambassadors here. In
such a government as ours, it is necessary to guard
against the Government itself being seduced.
Mr. Randolph, observing that almost every speaker
had made objections to the clause as it stood, moved,
in order to a further consideration of the subject,
1787.] FEDERAL CONTENTION. 1415
The several clauses of Article 9, Sect 1, were
then separately postponed, after inserting, "and
other public ministers," next after " ambassadors."
Mr. Madison hinted for consideration whether a
distinction might not be made between different
sorts of treaties ; allowing the President and Senate
to make treaties eventual, and of alliance tat limited
terms, and requiring the concurrence of the whole
Legislature in other treaties.""
The first Section of Article 9, was finally referred,
nem. cofi.^ to the CSommittee of five, and the House
then
Adjourned.
FRmAT, August 24th.
In Cofweniiony — Governor Livingston, from the
Gonunittee of eleven, to whom were referred the
two remaining clauses of the fourth Section, and the
fifth and sixth Sections, of the seventh Article, de*
livered in the following Report :
" Strike out so much of the fourth Section as was
referred to the Committee, and insert, ' The migra-
tion or importation of such persons as the several
States, now existing, shall think proper to admit,
shall not be prohibited by the Legislature prior to
the year 1800; but a tax or duty may be imposed
on such migration or importation, at a rate not ex-*
ceeding the average of the duties laid on imports.'
^' The fifth Section to remain as in the Report
'^ The sixth Sectioii to be stricken out"
1416 DBBATBB IN THE [1787.
Mr. Butler, according to notice, moved that the
first clause of Article 7, Sect 1, as to the dis-
charge of debts, be reconsidered to-morrow. He
dwelt on the division of opinion concerning the do-
mestic debts, and the different pretensions of the
different classes of holders.
General Pincenet seconded him.
Mr. Randolph wi^ed for a reconsideration, in
order to better the e:[pression, and to provide for the
case of the State debts as is doae hj Congress.
On the quesUon for reconsidmng, —
Massachusetts, Connecticut, New Jersey, Dela^
ware, Virginia, South Carolina, Georgia, aye — 7;
New Hampshire, Maryland, no — 2] Peniwylvania,
North Carolina, absent
And tomorrow assigned for the reconsideration.
The second and third Sections of Article 9, being
taken up, —
Mr. RiTTLBDaE said, this ptovision for deciding
controversies between the States was necessary
under the Confederation, but will be rendered unne-
cessary by the National Judiciary now to be estab-
lished; and moved to strike it out.
1787.] FEDXAAL CONVBNTION. 1417
pofled in the clause would be more satisfactory than
to refer such cases to the Judiciary.
On the question for postponing the second and
third sections, it passed in the negative, —
New Hampshire, North Carolina, Greorgia, aye —
3; Massachusetts, Connecticut, New Jersey, Dela-
ware, Maryland, Virginia, South Carolina, no — 7;
Pennsylvania, absent
Mr. Wilson urged the striking out, the Judiciary
being a better provision.
On question for striking out the second and third
Sections of Article 9, —
New Hampshire, Connecticut, New Jersey, Dela-
ware, Maryland, Virginia, South Carolina, aye —
8; North Carolina, Georgia, no — 2] Pennsylvania,
iibsent**
Article 10, Sect. 1. " The Executive power of
the United States shall be vested in a single person.
His style shall be '' The President of the United
States of America," and his title shall be ''His Ex-
cellency." He shall be elected by ballot by the
Legislature. He shall hold his office during the
term of seven years ; but shall not be elected a
second time/'
On the question for vesting the power in a single
person^ — ^it was agreed to, nem. con. So also on
the style and title.
Mr. RuTLEDGB moved to insert, "joint," before the
word "ballot," as the most convenient mode of
electing.
Mr. Sherman objected to it, as depriving the
Statesy represented in the Senate^ of the nq^ative in-
tended them in that House.
Vol. I.— 89 *
HIS DKBATB»INTBB [1787.
Mr. GoRHAM said it wag wrong to be considering,
at every turn, whom the Senate would represent.
The public good was the true object to be kept in
view. Great delay and confusion would ensue, if
the two Houses should vote separately, each having
a negative on the choice of the other.
Mr. Datton. It might be well for those not to
consider how the Senate was constituted, whose in-
terest it was to keep it out of sight If the amend-
ment should be agreed to, a joint ballot would in
fact give the appointment to one House. He could
never agree to the clause with such an amendment
There could be no doubt of the two Houses sepa-
rately concurring in the same person for President
The importance and necessity of the case would en*
sure a concurrence.
Mr. Carroll moved to strikeout, "by the heffs-
lature," and insert " by the people." Mr. Wilson
seconded him ; and on the question, —
Pennsylvania, Delaware, aye — 2; New Hamp-
shire, Massachusetts, Connecticut, New Jersey, Ma-
ryland, Virginia, North Carolina, South Carolina,
Georgia, no — 9.
1787.] FEDERAL CONTENTION. 1419
by a joint ballot in this case to the other branch of
the Legislature.
Mr. Langdon. This general officer ought to be
elected by the joint and general voice. In New
Hampshire the mode of separate votes by the two
Houses was productive of great difficulties. The
negative of the Senate would hurt the feelings of
the man elected by the votes of the other branch.
He was for inserting "joint," though unfavorable to
New Hampshire as a small State.
Mr. Wilson remarked, that as the President of
the Senate was to be the President of the United
States, that body, in cases of vacancy, might have
an interest in throwing dilatory obstacles in the
way, if its separate concurrence should be required.
Mr. Madison. If the amendment be agreed to,
the rule of voting will give to the largest State,
compared with the smallest, an influence as four to
one only, although the population is as ten to one.
This surely cannot be unreasonable, as the President
is to act for the people^ not for the States. The Pres-
ident of the Senate also is to be occasionally Presi-
dent of the United States, and by his negative alone
can make three-fourths of the other branch necessary
to the passage of a law. This is another advantage
enjoyed by the Senate.
On the question for inserting ''joint," it passed in
the affirmative, —
New Hampshire, Massachusetts, Pennsylvania,
Delaware, Virginia, North Carolina, South Carolina,
aye — 7 ; Connecticut, New Jersey, Maryland, Geor-
gia, no— 4.
Mr. Dayton then moved to insert, after the word
14A0
DBBATBS IN THE
[1787.
" Legislature," the words, " each State baTing one
Tote*
Mr. Brearlt seconded him ; and on the question,
it passed in the negative, — Connecticut, New Jenejr,
Delaware, Maryland, Georgia, aye — 5 ; New Hamp-
shire, Massachusetts, Pennsylvania, Virginia, North
Carolina, South Carolina, no — 6.
Mr. PiNCKNBT moTed to insert, after the word
" Legislature," the words, " to which election a ma-
jority of the votes of the members present shall be
required."
And on this question, it passed in the affirmative, —
New Hampshire, Massachusetts, Connecticut, Penn-
sylvania, Delaware, Maryland, Virginia, North Car-
olina, South Carolina, Georgia, aye — 10 ; New Jer-
sey, no — 1.
Mr. Read moved, that, " in ease the numbers for
the two highest in votes should be equal, then the
President of the Senate shall have an additional
casting vote," which was disagreed to by a general
n^ative.
Mr. GooTERNEUR MoRRis opposed the election of
the President by the Legislature. He dwelt on the
1787.] FEDERAL CONTENTION. 1421
tive rights ; and then he can go into that body after
the expiration of his Executive office, and enjoy
there the fruits of his policy. To these considera-
tions he added) that rivals would be continually in-
triguing to oust the President from his place. To
guard against all these evils, he moved that the
President " shall be chosen by Electors to be chosen
by the people of the several States."
Mr. Carroll seconded him ; and on the question,
it passed in the negative, — Connecticut, New Jersey,
Pennsylvania, Delaware, Virginia, aye — 5; New
Hampshire, Massachusetts, Maryland, North Caro-
lina, South Carolina, Greorgia, no — 6.
Mr. Dayton moved to postpone the consideration
of the two last clauses of Article 10, Sect. 1, which
was disagreed to without a count of the States.
Mr. Broom moved to refer the two clauses to a
committee, of a member from each State ; and on
the question, it failed, the States being equally divi-
ded,—
New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, aye — 5 ; New Hampshire, Massachusetts,
North Carolina, South Carolina, Greorgia, no — 5;
Connecticut, divided.
On the question taken on the first part of Mr.
GrouvERNEUR MoRRis' motion, to wit : " shall be cho-
sen by electors," as an abstract question, it failed,
the States being equally divided, —
New Jersey, Pennsylvania, Delaware, Virginia,
aye— 4; New Hampshire, North Carolina, South
Carolina, Greorgia, no— 4; Connecticut, Maryland,
divided ; Massachusetts, absent.
The consideration of the remaining clauses of Ar-
1423
DEBATES IN THK
[1787.
tide 10, Sect 1, was then postponed UIl to-monow,
at the instance of the Deputies of New Jersey."*
Article 10, Sect. 2, being taken up, the word " in*
formation " was transferred, and inserted after " Le-
gislature."
On motion of Mr. Godverneor Morris, " he may,"
was struck out, and " and " inserted before " recom-
mend," in the second clause of Article 10, Sect. 2,
in order to make it the duty of the President to
recommend, and thence prevent umbrage or cavil at
his doing it.
Mr. Sherman objected to the sentence, " and shall
appoint officers in all cases not otherwise provided
for in this Constitution." He admitted it to be prop-
er that many officers in the Executive department
should be BO appointed; but contended that many
ought not, — as general officers in the army, in time
of peace, <&c. Herein lay the corruption in Great
Britain. If the Executive can model the army, he
may set up an absolute government ; taking advan-
tage of the close of a war, and an army commanded
by his creatures. James 11. was not obeyed by his
officers, because they had been appointed by his
178771 FEDERAL CONVENTION. 1423
nia, Delaware, Maryland, Virginia, South Carolina,
Georgia, no — 9 ; North Carolina, absent.
Mr. Dickinson moved to strike out the words,
*^ and shall appoint to offices in ail cases not other-
wise provided for by this Constitution ;" and insert,
^^ and shall appoint to all offices established by this
Constitution, except in cases hereurotherwise provi-
ded for ; and to all offices which may hereafter be
created by law."
Mr. Randolph observed, that the power of appoint-
ments was a formidable one both in the Executive
and Legislative hands ; and suggested whether the
Legislature should not be left at liberty to refer ap-
pointments, in some cases, to some State authority.
Mr. Dickinson's motion passed in the affirma-
tive,—
Connecticut, New Jersey^ Pennsylvania, Maryland,
Virginia, Greorgia, aye — 6 ; New Hampshire, Massa-
chusetts, Delaware, South Carolina, no— 4; North
Carolina, absent.
Mr. Dickinson then moved to annex to his last
amendment, '' except where by law the appointment
shall be vested in the Legislatures or Executives of
the several States."
Mr. Randolph seconded the motion.
Mr. Wilson. If this be agreed to, it will soon be
a standing instruction to the State Legislatures to
pass no law creating offices, unless the appointment
be referred to them
Mr. Sherman objected to '' Legislatures," in the
motion, which was struck out by consent of the
movers.
Mr. GouvERNBUR Morris. This would be putting
1424 DEBATES IN THE [1787.
it in the power of the States to say, " you shall be
viceroys, but we will be viceroys over you."
The motion was n^atived without a count of the
States.
Ordered tmanimously, that the order respecting
the adjournment at four o'clock he repeiUed, and
that in future the House assemble at ten o'clock,
and adjourn at three.
Adjourned.
Satcbdat, August 25th.
In Convention, — Tlie first clause of Article 7, Sect.
1, being reconsideredj —
Ck>lonel Mason objected to the term "shall" fulfil
the engagements and discliai^e the debts, &c., as
too strong. It may be impossible to comply with it.
The creditors should be kept in the same plight.
They will in one respect be necessarily and properly
in a better. The Government will be more able to
pay them. The use of the term shall will beget
1787. ] F E D E R A L f 0 N V E N T U) N . ] 425
not to be blainable. The interest they received,
even Jn paper, is equal to their purchase mone'y.
What he particularly wished was, to leave the door
open for buying up the securities, which he thought
would be precluded by the term " shall," as requiring
nominal payment, and which was not inconsistent
with his ideas of public faith. He was afraid, also,
(he word "shall" might extend to all the old conti-
nental paper.
Mr. Langdon wished to do no more, than leave the
creditors in statu quo.
Mr. Gerry said, that, for himself, he had no in-
terest in the question, being not possessed of more of
the securities than would, by the interest, pay his
taxes. He would observe, however, that as the pub-
lic had received the value of the literal amount, they
ought to pay that value to somebody. The frauds
on the soldiers ouglit to liave been foreseen. These
poor and ignorant people, could not but part with
their securities. There are other creditors, who will
part with any thing, rather than be cheated of the
capital of their advances. The interest of the
States, he observed, was different on this point ; some
having more, others less, than their proportion of the
paper. Hence the idea of a scale for reducing its
value had arisen. If the public faith vrould admit,
of which he was not clear, he would not object to a
revision of the debt, so far as to compel restitution
to the ignorant and distressed, who have been de-
frauded. As to stock-jobbers, he saw no reason for
the censures thrown on them. They keep up the
value of the paper. Without them there would be
no market.
SO
1
1426 DEBATES IN' THE [1787.
Mr. Butler said he meant neither to increase nor
diminish the security of the creditors.
Mr. Randolph moved to postpone the clause, in
favor of the following : " All debts contracted, and
engagements entered into, by or under the authority
of Congress, shall be as valid against the United
States under this Constitution, as under the Con-
federation."
Doctor Johnson. The debts are debts of the
United States, of the great body of America.
Changing the Government cannot change the obli-
gation of the United States, which devolves of course
on the new Government Nothing was, in his opin-
ion, necessary to be said. If any thing, it should be
a mere declaration, as moved by Mr. Randolph.
Mr. GoDTBRNEDB MoRRis Said, he never had be-
come a public creditor, that he might urge with
more propriety the compliance with public faith.
He had always done so, and always would, and pre-
ferred the term " shaU," as the most explicit. As to
buying up the debt, the term " shaU" was not incon-
sistent with it, if provision be first made for paying
the interest ; if not, such an expedient was a mere
1787.] FEDERAL CONVKNTION. 1427
the clause for laying tiaxes, duties, &c., an express
provision for the object of the old debts, <&c. ; and
moved to add to the first clause of Article 7, Sect.
1 : *' fixr the payment of said debts, and for the de-
fraying the expenses that shall be incurred for the
common defence and general welfare."
The proposition, as being unnecessary, was disa-
greed to,— -Connecticut alone being in the affirma-
tive.
The Report of the CSommittee of eleven (see Fri-
day, the twenty-fourth), being taken up, —
General Pinckney moved to strike out the words,
'^ the year eighteen hundred," as the year limiting
the importation of slaves ; and to insert the words,
^' the year eighteen hundred and eight."
Mr. GoRHAM seconded the motion.
Mr. Madison. Twenty years will produce all the
mischief that can be apprehended from the liberty to
import slaves. So long a term will be more dishon-
ourable to the American character, than to say
nothing about it in the Constitution.
On the motion, which passed in the affirmative, —
New Hampshire, Massachusetts, Connecticut, Mary-
land, North Carolina, South Carolina, Georgia, aye
— 7; New Jersey, Pennsylvania, Delaware, Virginia,
no — 4.
Mr. GouvERNEUR Morris was for making the
clause read at once, " the importation of slaves into
North Carolina, South Carolina, and Georgia, shall
not be be prohibited, &c." This he said, would be
most fair, and would avoid the ambiguity by which,
under the power with regard to naturalization, the
liberty reserved to the States might be defeated.
1428
DEBATES IN THE
[ 1787.
He wished it to be known, also, that this part of the
Constitution was a compliance witlt those States.
If the change of language, however, should be ob-
jected to, by the members from those States, he
should not urge it.
Colonel Mason was not against using the term
'* slaves," but against naming North Carolioa, South
Carolina, and Georgia, lest it should give offence to
the people of those States.
Mr. Sherman liked a description better than the
terms proposed, which had been declined by the old
Congress, and were not pleasing to some people.
Mr. Cltmer concurred with Mr. Sherman.
Mr. Williamson said, that both in opinion and
practice he was against slavery; but thought it
more in favor of humanity, fhim a view of all cir-
cumstances, to let in South Carolina and Georgia
on those terms, than to exclude them from the
Union.
Mr. Gouverneur Morris withdrew his motion.
Mr. Dickinson wished the clause to be confined to
the States which had not themselves prohibited the
1787.] FEDERAL CONVENTION. 1429
tion of such persons as the several States now ex-
isting shall think proper to admit, shall not be pro-
hibited by the Legislature prior to the year 1808/' —
New Hampshire, Massachusetts, Connecticut,
Maryland, North Carolina, South Carolina, Georgia,
aye — 1 ; New Jersey, Pennsylvania, Delaware, Vir-
ginia, no — 4.
Mr. Baldwin, in order to restrain and more ex-
plicitly define, " the average duty," moved to strike
out of the second part the words, '' average of the
duties laid on imports,'' and insert " common impost
on articles not enumerated ;" which was agreed to,
nem, con,
Mr. Sherman was against this second part, as ac-
knowledging men to be property, by taxing them as
such under the character of slaves.
Mr. King and Mr. Langdon considered this as the
price of the first part.
General Pinckney admitted that it was so.
Colonel Mason. Not to tax, will be equivalent to
a bounty on, the importation of slaves.
Mr. GoRHAM thought that Mr. Sherman should con-
sider the duty, not as implying that slaves are
property, but as a discouragement to the importa-
tion of them.
Mr. GouvERNEUR Morris remarked, that, as the
clause now stands, it implies that the Legislature
may tax freemen imported.
Mr. Sherman, in answer to Mr. Gorham, observed,
that the smallness of the duty showed revenue to be
the object, not the discouragement of the importa-
tion.
Mr. Madison thought it wrong to admit in the
1430
DEBAffES IN THB
[1787.
Constitution the idea that tbere could be property
in men. The reason of duties did not hold, as slaves
are not, like merchandize consumed, &c.
Colonel Mason, in answer to Mr. Godverneur
Morris. The provision, as it stands, was necessary
for the case of convicts, in order to prevent the in-
tnmction of them.
It was finally agreed, nem. con., to make the
clatise read : " but a tax or duty may be imposed on
such importation, not exceeding ten dollars for each
person ;" and then the second part, as amended, was
agreed to.
Article 7, Sect. 5, was agreed to, nem. am., as
reported.™
Article 7, Sect. G, in the Report was postponed.
On motion of Mr. Madison, seconded by Mr.
GouvERNEUR MoRRis, Article 8 was reconsidered;
and after the words, " all treaties made," were in-
serted, nem. am., the words, "or which shall be
made." This insertion waa meant to obviate all
doubt concerning the force of treaties pre-existing,
by making the words, " all treaties made," to refer
to them, as the words inserted would refer to future
1787.] FEDERAL CONVENTION. 1431
'^ The Legislature of the United States shall not
oblige vessels belonging to citizens thereof, or to
foreigners, to enter or pay duties or imposts in any
other State than in that to which they may b6
bound, or to clear out in any other than the Statei
in which their cargoes may be laden on board ; i^
shall any privilege or immunity be granted to mj
vessel on entering or clearing out, or paying duties
or imposts in one State in preference to another."
Mr. GoRHAM thought such a precaution unneces-
sary ; and that the revenue might be defeated, if
vessels could run up long rivers, through the juris-
diction of different States, without being required to
enter, with the opportunity of landing and selling
their cargoes by the way.
Mr. McHenry and Gen. Pinckney made the fol-
lowing propositions :
'' Should it be judged expedient by the Legislature
of the United States, that one or more ports for col-
lecting duties or imposts, other than those ports of
entrance and clearance already established by the
respective States, should be established, the Legisla-
ture of the United States shall signify the same to
the Executives of the respective States, ascertaining
the number of such ports judged necessary, to be
laid by the said Executives before the Legislatures
of the States at their next session ; and the Legisla-
ture of the United States shall not have the power
of fixing or establishing the particular ports for col-
lecting duties or imposts in any State, except the
Legislature of such State shall neglect to fix and
establish the same during their first session to be
1432 DEBATES IN THE [1787.
held after such notification by the Legislature of the
United States to the Executive of such State.
" All duties, imposts and excises, prohibitions or
restrainls, laid or made by the Legislature of the
United States, shall be uniform and equal through-
out the United States."
These several propositions were referred, nem.
con., to a committee composed of a member from
each State. The Committee, appointed by ballot,
were, Mr, Langdon, Mr. Gorham, Mr. Sherman, Mr,
Dayton, Mr. Fitzsimons, Mr. Read, Mr. Carroll,
Mr. Mason, Mr. Williamson, Mr. Butler, Mr. Few.
On the question now taken on Mr, Dickinson's
motion of yesterday, allowing appointments to offi-
ces to be referred by the General Legislature to
"the Executives of the several States," as a further
amendment to Article 10, Sect. 2, the votes were, —
Connecticut, Virginia, Georgia, aye — 3; New Hamp-
shire, Massachusetts, Pennsylvania, Delaware, North
Carohna, South Carolina, no — 6; Maryland, divided.
In amendment of the same section, the words,
"other public Ministers," were inserted after " am-
Mr. GouvEBNEUR MoBRis moved to strike out of
the section, " and may correspond with the supreme
Executives of the several States," as unnecessary,
and implying that he could not corresoond with
others.
Mr. Broom seconded him.
On tiie question, — New Hampshire, Massachu-
setts, Connecticut, Pennsylvania, Delaware, Virginia,
North Carolina, South Carolina, Georgia, aye — 9;
Maryland, no — 1.
1787.1 FEDERAL CONVENTION. 1433
Tbe clause, " Shall receive ambassadors and other
public Ministers," was agreed to, nem. con.
Mr. Sherman moved to amend the " power to grant
reprieves and pardons," so as to read, '^ to grant l#*
prieves until the ensuing session of the Senate, and
pardons with consent of the Senate."
On the question, — Connecticut, aye — 1; New
Hampshire, Massachusetts, Pennsylvania, Marybuifl,
Virginia, North Carolina, South Carolina, Georgia,
no— 8.«
The words, '' except in cases of impeachment,''
were inserted, nem. con.j after " pardons."
On the question to agree to, '' but his pardon shall
not be pleadable in bar," it passed in the negative, —
New Hampshire, Maryland, North Carolina, South
Carolina, aye— 4; Massachusetts, Connecticut, Penn-
sylvania, Delaware, Virginia, Greorgia, no — 6.
Adjourned.
Monday, August 27th.
In Canventionj — ^Article 10, Section 2, being re-
sumed,—
Mr. L. Martin moved to insert the words, " after
conviction," after the words, "reprieves and par-
dons."
Mr. Wilson objected, that pardon before convic-
tion might be necessary, in order to obtain the testi-
mony of accomplices. He stated the case of forge-
ries, in which this might particularly happen.
Mr. L. Martin withdrew his motion.
Mr. Sherman moved to amend the clause giving
90*
1434
DEBATES IN THE
r 1787.
tlie Executive the command of the militia, so as to
read: "and of the militiaof the several States, tvhen
called into the actual service of the United States ;" and
dn the question, —
New Hampshire, Connecticut, Pennsylvania, Ma-
ryland, Virginia, Georgia, aye — 6; Delaware, South
Carolina, no — 2 ; Massachusetts, New Jersey, Nortli
Carolina, absent
The clause for removing the President, on im-
peachment by tlie House of Representatives, and
conviction in the Supreme Court, of treason, bribery,
or corruption, was postponed, nem. con. at the in-
stance of Mr. GouvERNBUR Morris ; who thought
the tribunal an improper one, particularly, if the
first Judge was to be of the Privy Council.
Mr. GoDTEBNEDR MoRRis objected also to the Pres-
ident of the Senate being provisional successor to
the President, and suggested a designation of the
Chief Justice.
Mr. Madison adds, as a ground of objection, that
the Senate might retard the appointment of a Presi-
dent, in order to carry points whilst the revi8i(mary
power was in the President of their own body ; but
1787.] FEDERAL CONVENTION. 1435
tent of the term '' disability/' and who is to be the
judge of it ?
The postponement was agreed to, nem. con.
Col. Mason and Mr. Madison moved to add to the
oath to be taken by the Supreme Executive, '^ and
will, to the best of my judgment and power, pre-
serve, protect, and defend, the Constitution of the
United States."
Mr. Wilson thought the general provision for
oaths of office, in a subsequent place, rendered the
amendment unnecessary.
On the question, —
New Hampshire, Connecticut, Pennsylvania, Ma^
ryiand, Virginia, South Carolina, Georgia, aye — ^7;
Delaware, no — 1 ; Massachusetts, New Jersey, North
Carolina, absent.
Article 11, being next taken up, —
Doctor Johnson suggested that the judicial power
ought to extend to equity as well as law ; and moved
to insert the virords, '^ both in law and equity," after
the words, " United States," in the first line of the
first section.
Mr. Read objected to vesting these powers in the
same court.
On the question, —
New Hampshire, Connecticut, Pennsylvania, Vir-
ginia, South Carolina, Georgia, aye — 6 ; Delaware,
Maryland, no — 2] Massachusetts, New Jersey, North
Carolina, absent.
On the question to agree to Article 11, Sect. 1,
as amended, the States were the same as on the
preceding question.
Mr. Dickinson moved, as an amendment to Article
1436
DEDATES IN THE
[1787.
11, Sect 2, after the words, "good behaviour,"
the words, " provided that they may be removed by
the Executive on the application by the Senate and
House or Representatives."
Mr. Gerrt seconded the motion.
Mr. GouvERNEUR Morris thought it a contradic-
tion in terms, to say that the Judges should hold
their offices during good behaviour, and yet be re-
moveable without a trial. Besides, it was fundamen-
tally wrong to subject judges to so arbitrary an au-
thority.
Mr. Sherman saw no contradiction or impropriety,
if this were made a part of the constitutional regu-
lation of the Judiciary establishment. He observed
that a like provision was contained in the British
statutes.
Mr. RuTLEDGB. If the Supreme Court is to judge
between the United States and particular States,
tliis alone is an insuperable objection to the motion.
Mr. Wilson considered such a provision in the
British Government as less dangerous than here;
the House of Lords and House of Commons being
less likely to concur on the same occajiions. Chief
1787.] FEDERAL CONVENTION. 1437
gislature, composed of different branches, constructed
on such different principles, would improperly unite
for the purpose of displacing a Judge.
On the question for agreeing to Mr. Dickinson's
motion, it was negatived, — Connecticut, aye; all
the other States present, no.
On the question on Article 11, Section 2, as re-
ported,— ^Delaware and Maryland only, no.
Mr. Madison and Mr. McHenrv moved to re-in«
state the words, " increased or," before the word
^' diminished,'' in Article 11, Section 2.
Mr. GouvERNEUR Morris opposed it, for reasons
urged by him on a former occasion.
Colonel Mason Contended strenuously for the mo-
tion. There was no weight, he said, in the argu-
ment drawn from changes in the value of the metals,
because this might be provided for by an increase
of salaries, so made as not to affect persons in office ;
— and this was the only argument on which much
stress seemed to have been laid.
General Pinckney. The importance of the Judi-
ciary will require men of the first talents: large
salaries will therefore be necessary, larger than the
United States can afford in the first instance. He
was not satisfied with the expedient mentioned by
Col. Mason. He did not think it would have a good
effect, or a good appearance, for new Judges to
come in with higher salaries than the old ones.
Mr. GoDVERNEUR MoRRis Said the expedient might
be evaded, and therefore amounted to nothing.
Judges might resign, and then be re-appointed to in*
creased salaries.
On the question, —
1438 DBBATBS IN THE [1787.
Virginia, aye — 1; New Hampshire, Connecticut,
Pennsylvania, Delaware, South Carolina, no — 5;
Maryland, divided; Massachusetts, New Jersey,
North Carolina, Georgia, absent
Mr. Randolph and Mr. Madison then moved to
add the following words to Article 11, Section 2:
" nor increased by any act of the Legislature which
■hall operate before the expiration of three years
after the passing thereof."
On the question, — Maryland, Virginia, aye — 2;
New Hampshire, Connecticut, Pennsylvania, Dela-
ware, South Carolina, no — 6; Massachusetts, New
Jersey, North Carolina, Cieorgia, absent*"
Article 11, Section 3, being taken up, the follow-
ing clause was postponed, viz : " to the trial of im-
peachments of officers of the United States;" by
which the jurisdiction of the Supreme Court was
extended to such cases.
Mr. Madison and Mr. Gooverneur Morris moved
to insert, after the word " controversies,-" the words,
"to which the United States shall be a party;"
which was agreed to, nem. am.
Doctor Johnson moved to insert the words, " this
1787.] FEDERAL CONVENTION. 1439
risdictioii given was comtructively limited to cases
of a judiciary nature.
On motion of Mr. Rutledgb, the words " passed
by the Legislature/' were struck out ; and after the
words, "United States/' were inserted, nem. can.^
the words, " and treaties hiade or which shall be
made under their authority," conformably to a pre-
ceding amendment in another place.
The clause, " in cases of impeachment," was post-
poned.
Mr. GouvERNEUR Morris wished to know what
was meant by the words : " In all the cases before-
mentioned it [jurisdiction] shall be appellate, with
such exceptions, &c." — whether it extended to mat-
ters of fact as well as law — and to cases of common
law, as well as civil law.
Mr. Wilson. The Committee, he believed, meant
facts as well as law, and common as well as civil
law. The jurisdiction of the Federal court of ap-
peals had, he said, been so construed.
Mr. Dickinson moved to add, after the word " ap-
pellate/' the words, "both as to law and fact/'
which was agreed to, nem. con.
Mr. Madison and Mr. Gouverneur Morris moved
to strike out the beginning of the third section, '^ The
jurisdiction of the Supreme Court," and to insert the
words, '' the Judicial power," which was agreed to,
nem. con.
The following motion was disagreed to, to wit, to
insert, '^ In all the ottier cases beforementioned, the
judicial power shall be exercised in such manner as
the Legislature shall direct."
Delaware, Virginia, aye — 2; New Hampshire,
1440
DBBATE6 IN TH
[1787.
Connecticut, PennsylTania, Maryland, South Cian>-
lina, Georgia, no — 6.
On a question for striking out the last sentence of
the third SecUon, " The Legislature may assign, &c."
it passed, Tiem. con.
Mr. SnsRMAN moved to insert, ailer the words,
" between citizens of different States," the words,
" between citizens of the same State claiming lands
under grants of different States,"— according to the
provision in the 9th Article of the Confederation i
which was agreed to, nem. am.'^
Adjourned.
Tdesdat, August 28th.
Jn Convention,— ~Mr. Sherman, (h)m the Committee
to whom were referred several propositions on the
twenty-fifth instant, made the following report;
which was ordered to lie on the table :
" That there be inserted, alter the fourth clause
of the 7th Section: 'Nor shall any regulation of
commerce or revenue give preference to the ports of
one State over those of anotlier, or oblige vessels
1787.] FEDERAL CONVENTION. 1441
On the question^ — New Hampshire, Massachu-
setts/ Connecticut, Pennsylvania, Delaware, Vir-
ginia, North Carolina, South Carolina, Georgia, aye
— ^9 ; Maryland, no — 1 ; New Jersey, absent.
Section 4 was so amended, nem. con.j as to read :
'' 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." The object of this
amendment was, to provide for trial by jury of offen-
ces committed out of any State.
Mr. PiNCKNEY, urging the propriety of securing
the benefit of the Habeas Corpus in the most aipple
manner, moved, that it should not be suspended but
on the most urgent occasions, and then only for a
limited time not exceeding twelve months.
Mr. RuTLEDGE was for declaring the Habeas Cor-
pus inviolate. He did not conceive that a suspen-
sion could ever be necessary, at the same time,
through all the States.
Mr. GouvERNEUR Morris moved, that, " The privi-
lege of the writ of Habeas Corpus shall not be sus-
pended, unless where, in cases of rebellion or inva-
sion, the public safety may require it."
Mr. Wilson doubted whether in any case a sus-
pension could be necessary, as the discretion now
exists with Judges, in most important cases, to keep
in gaol or admit to bail.
The first part of Mr. Gouverneur Morris's mo-
tion, to the word " unless," was agreed to, nem, con.
On the remaining part, — ^New Hampshire, Massa*
91
14^ DBBATBS IN THE [1787.
chusetts, Connecticut, Pennsylvania, Delaware, Ma-
ryland, Virginia, aye — 7; North Carolina, South
Carolina, Georgia, no — 3.
The fifth Section of ArticleIl,«asagreedto,fMf».
con.*
Article 12 being then taken up, —
Mr. Wilson and Mr. Sherman mpred to insert, af-
ter the words, " coin money," the words, " nor emit
bills of credit, nor make any thing but gold and
silver coin a tender in payment of debts ;" making
these prohibitions absolute, instead of making the
measures allowable, as in the thirteenth Article,
with the consent of the Legislature of the United
States.
Mr. GrOBHAM thought the purpose would be as well
secured by the provision of Article 13, which makes
the consent of the General Legislature necessary ;
and that in that mode no opposition would be exci-
ted ; whereu an absolute prohibition of paper-money
would rouse the most desperate opposition from its
partisans.
Mr. Sherman thought this a favorable crisis for
crushing paper-money. If the consent of the L^is-
1787.] FEDERAL CONVENTION. 1443
Carolina, Gteorgia, aye--8 ; Virginia, no — 1 ; Mary-
land, divided.
The remaining part of Mr. Wilson's and Sher-
man's motion was agreed to, nem. con. "•
Mr. King moved to add, in the words used in the
ordinance of Congress establishing new States, a
prohibition on the States to interfere in private con-
tracts.
Mr. GouvERNEUR Morris. This would be going
too far. There are a thousand laws relating to
bringing actions, limitations of actions, &c., which
affect contracts. The judicial power of the United
States will be a protection in cases within thdr ju-
risdiction ; and within the State itself a majority
must rule, whatever may be the mischief done
among themselves.
Mr. Sherman. Why then pn^iibit bills of credit 1
Mr. Wilson was in favor of Mr. Kinc'i^ motion.
Mr. Madison admitted that inconveniences mi^^ht
arise from such a prohibition ; but thought on the
whole it would be overbalanced by the the utility
of it. He conceived, however; that a negative on
the State laws could alone secure the effect. Eva-
sions might and would be devised by the ingenuity
of the Legislatures.
Col. Mason. This is carrying the restraint too
far. Cases will happen that cannot be foreseen,
where some kind of interference will be proper and
essential. He mentioned the case of limiting tlie
period for bringing actions on open account — that of
bonds after a certain lapse of time — asking, whether
it was proper to tie the hands of the States from
making provision in such cases.
1444
DBBATBB IN TOB
[1787,
Mr. Wilson. The answer to these objections is,
that retrospective irUerferences only are to be pio-
hibited.
Mr. Madison. Ib not that already done by the
prohibition of ex post facto laws, which will.oblige
the Judges to declare such interferences null and
Toid.»»
Mr. Rdtledgb moved, instead of Mr. King's mo-
tion, to insert, " nor pass bills of attainder, nor retro-
spective* laws."
On which motion, — New Hampshire, New Jersey,
Pennsylvania, Delaware, North Carolina, Soutii
Carolina, Georgia, aye— 7 ; Connecticut, Maryland,
Virginia, no — 3.
Mr. Madison moved to insert, after the word " re-
prisal," (Article 12,) the words, "nor lay embar-
goes." He urged that such acts by the States would
be unnecessary, impolitic, and unjust.
Mr. Sherman thought the States ought to retain
this power, in order to prevent suffering and injury
to their poor.
Col. Mason thought the amendment would be not
only improper but danjrcrous, as the Genera! I-eais-
1787.] FEDERAL CONVENTION. 1445
tween State and State, already rested in the Gene-
ral Legislature, being sufficient
On the question, —
Massachusetts, Delaware, South Carolina, aye— 3 ;
New Hampshire, Connecticut, New Jersey, Penn-
sylvachia, Maryland, Virginia, North Carolina, Geor-
gia, no — 8.
Mr. Madison moved, that the words, ^' nor lay im«
posts or duties on imports," be transferred from Ar-
ticle 13, where the consent of the General Legisla-
ture may license the act, into Article 12, which will
make the prohibition on the States absolute. He
obstrved, that as the States interested in this power,
by which they could tax the imports of their neigh-
bours passing through their markets, were a ma-
jority, they could give the consent of the Legis-
lature to the injury of New Jersey, North Caro-
lina, &c.
Mr. Williamson seconded the motion.
Mr. Shbrbian thought the power might safely be
left to the Legislature of the United States.
Col. Mason observed, that particular States might
wish to encourage, by impost duties, certain manu-
factures, for which they enjoyed natural advantages,
as Virginia, the manufacture of hemp, &c."
Mr. Mahison. The encouragement of manufac-
tures in that mode requires duties, not only on im-
ports directly from foreign countries, but from the
other States in the Union, which would revive all
the mischiefs experienced from the want of a gene-
ral Government over commerce.
On the question, —
New Hampshire, New Jersey, Delaware, North
1446 DEBATES IN THE [1787.
Carolina, aye— 4; Massachusetts, Connecticut, Penn-
sylvania, Maryland, Virginia, South Carolina, Geor-
gia, no — 7.
Article 12, as amended, was then agreed to, nem.
con:
Article 13, was then taken up.
Mr. King moved to insert, after the word " im-
ports," the words, " or exports ;" so as to prohibit
the States from taxing either ; and on this question,
it passed in the affirniative,—
New Hampshire, Massachusetts, New Jersey,
Pennsylvania, Delaware, North Carolina, aye — 6;
Connecticut, Maryland, Virginia, South Can^a,
Georgia, no — 5.
Mr. Sherman moved to add, after the word "ex-
ports," the words, " nor with such consent, but for
the use of the United States ;" so as to carry the pro-
ceeds of all State duties on imports or exports, into
the common treasury.
Mr. Madison liked tlie motion, as preventing all
State imposts ; but lamented the complexity we were
giving to the commercial system.
Mr. GouvERNECR Morris thought the reffulatlon
1787.] FEDERAL CONVENTION. 1447
other States, it is a proof that they are not fit to
compose one nation.
Mr. King was afraid that the regulation moved by
Mr. Sherman would too much interfere with the
policy of States respecting their manufactures, which
may be necessary. Revenue, he reminded the House,
was the object of the General Legislature.
On Mr. Sherman's motion, —
New Hampshire, Connecticut, New Jersey, Penn-
sylvania, Delaware, Virginia, North Carolina, South
Carolina, Georgia, aye — ^9; Massachusetts, Mary-
land, no — 2.
Article 13, was then agreed to, as amended.
Article 14, was then taken up.
General Pinckney was not satisfied with it. He
seemed to wish some provision should be included in
favor of property in slaves.
On the question on Article 14, —
New Hampshire, Massachusetts, Connecticut, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, aye — ^9; South Carolina, no — 1;
Greorgia, divided.
Article 15, being then taken up, the words, " high
misdemeanour," were struck out, and the words,
'' other crime," inserted, in order to comprehend all
proper cases ; it being doubtful whether '' high mis-
demeanour" had not a technical meaning too limited.
Mr. Butler and Mr. Pinckney moved to require
'^ fiigitive slaves and servants to be delivered up like
criminals."
Mr. Wilson. This would oblige the Executive
of the State to do it, at the public expense.
Mr. Sherman saw no more propriety in the public
1448 DBBATSa IN THB [1*7^7.
adzing and Btmendering a slave or Herrant, than a
horse.
Mr. BcTLER wiUidrew his proposition, in order
that some particular provision might be made, apart
from this article.
Article 15, as amended, was then agreed to, nem.
con.
Adjourned.
Wbdneadat, Adgdst 29th.
In Cotwention, — ^Article 16, being taken up, —
Mr. WiLUAHsoN moved to substitute, in place of
it, the words of the Articles of Confederation on the
same subject. He did not understand precisely the
meaning of the article.^
Mr. Wilson and Doctor Johnson supposed the
meaning to be, that judgments in one State should
be the ground of actions in other States ; and that
acts of the Legislatures should he included, for the
sake of acts of insolvency, &c.
Mr. PiNCKNEY moved to commit Article 16. with
1787.] FEDERAL CONTENTION. 1449
tiiat this might be safely done, and was justified by
the nature of the Union.
Mr. Randolph said there was no instance of one
nation executing judgments of the courts of another
nation. He moved the following proposition :
^' Whenever 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 Stat^ in
all cases to which it may relate, and which are
within the cognizance and jurisdiction of the State
wherein the said act was done.'^
On the question for committing Article 16, with
Mr. Pinckney's motion.
. Connecticut, New Jersey, Pennsylvania, Delar
ware, Maryland, Virginia, North Carolina, South
Carolina, Georgia, aye — ^9; New Hampshire, Massa-
chusetts, no — 2.
The motion of Mr. Randolph was also committed,
nem. con.
Mr. GouvERNEUR MoKRis moved to commit also
the following proposition on the same subject :
<< Full iaith ought to be given in each State to the
public acts, records, and judicial proceedings, of
every other State ; and the Legislature shall, by
general laws, determine the proof and effect of such
acts, records, and proceedings ;" and it was com*
mitted, nem. can.
The Committee appointed for these references
were, Mr. Rutledge, Mr. Randolph, Mr. GorhaIHi
Mr. Wilson, and Mr. Johnson. •"
91*
1460 DBBATES IN THE [1787.
Mr. Dickinson mentioned to Uie House, that on
examining Blackstone's Commentaries, he found
that the term " ex post facto^^ related to criminal
cases only ; that they would not consequently re>
strain the States from retrospective laws in civil
cases ; and that some further provision for this pur-
pose would be requisite.
Article 7, Section 6, by the Committee of eleven
reported to be struck out (see the twenty-fourth
tost.) being now taken up, —
Mr. PiNCENET moved to postpone the Report, in
favor of the following proposition : " That no act of
the L^islature for the purpose of regulating the
commerce of the United States with foreign powers,
among the several States, shall be passed without
the assent of two-thirds of the members of each
House." He remarked that there were five distinct
commercial interests. 1. The fisheries and West
India trade, which belonged to the New England
States. 2. The interest of New York lay in a free
trade. 3. Wheat and flour the staples of the two
Middle States (New Jersey and Pennsylvania). 4.
Tobacco, the staple of Maryland and Virginia, and
1787.] FEDERAL CONVENTION. 1451
General Pinckney said it was the trae interest of
the Southern States to have no regulation of com-
merce; but considering the loss brought on the
commerce of the Eastern States by the Revolution,
their liberal conduct towards the views* of South
Carolina, and the interest the weak Southern States
had in being united with the strong Eastern States,
he thought it proper that no fetters should be im-
posed on the power of making commercial regula-
tions, and that his constituents, though prejudiced
against the Eastern States, would be reconciled to
this liberality. He had, himself, he said, prejudices
against the Eastern States before he came here, but
would acknowledge that he had found them as lib-
eral and candid as any men whatever.
Mr. Clymer. The diversity of commercial inter-
ests, of necessity, creates difficulties which ought not
to be increased by unnecessary restrictions. The
Northern and Middle States will be ruined, if not
enabled to defend themselves against foreign regula-
tions.
Mr. Sherman, alluding to Mr. Pinckney's enume-
ration of particular interests, as requiring a security
against abuse of the power, observed, that the diver-
sity was of itself a security ; adding, that to require
more than a majority to decide a question was al-
ways embarrassing, as had been experienced in ca-
ses requiring the votes of nine States in Congress.
* He meant the pennwMon to import slaTes. An nndeistanding on the two
■objecta of navigation and tlavery, had taken place between thoae parte oC
the Union, which explaina the vote on the motion depending, aa well •■ the
language of Oenertl Pincknej nd oihere.
14&2 DEBATES IN TEE [1787.
Mr. PiNCEHBT replied, that his enumeration meant
the five minute interests. It stiU left the two great
diriaions, of Northern and Southern interests.
Mr. GouTERHEUR Morris opposed the object of the
motion, as highly injurious. Preferaiccs to Ameri-
can ships will multiply them, till they can carry the
Southern produce cheaper than it is now carried.
A navy was essential to security, particularly of the
Southern States ; and can only be had by a nariga-
tion act encouraging American bottoms and seamen.
In those points of view, then, alone, it is the interest
of the SouUiem States that navigation acts should
be facilitated. Shipping, he said, was the worst and
most precarious kind of property, and stood in need
of public patronage.
Mr. WiLUAMSON was in favor of making two-
thirds, iiutead of a majority, requisite, as more satis-
factory to the SouUiem people. No useftd measure,
he believed, bad been lost in Congress for want of
nine votes. As to the weakness of the Soutiiem
States, he was not alarmed on that account The
sickliness of their climate for invaders would pre-
vent their being made an object. He acknowledged
1787.] FEDERAL CONVENTION. 1453
Bfr. Butler differed from those who considered
the rejection of the motion as no concession on the
part of the Southern States. He considered the in-
terest of these and of the Eastern States to be as
different as the interests of Russia and Turkey,
Being, notwithstanding, desirous of conciliating the
affections of the Eastern States, he should vote
against requiring two-thirds instead of a majority.
Col. Mason. If the Government is to be Lasting
it must be founded in the confidence and affections
of the people ; and must be so constructed as to ob-
tain these. The majority will be governed by their
interests. The Southern States are the mnority in
both Houses. Is it to be expected that they will
deliver themselves bound, hand and foot, to the
Eastern States, and enable them to exclaim, in the
words of Cromwell, on a certain occasion — " the
Lord hath delivered them into our hands 1"
Mr. Wilson took notice of the several objections,
and remarked, that if every peculiar interest was to
be secured, unanimity ought to be required. The
majority, he said, would be no more governed by in-
terest than the minority. It was surely better to let
the latter be bound hand and foot, than the former.
Great inconveniences had, he contended, been expe-
rienced in Congress from the Article of Confedera-
tion requiring nine votes in certain cases.
Mr. Madison went into a pretty full view of the
subject. He observed that the disadvantage to the
Southern States from a navigation act lay chiefly in
a temporary rise of freight, attended, however, with
an increase of Southern as well as Northern ship-
ping— with the emigration of Northern seamen and
1454 DBBATBS IN THB [1787.
merchants to the Southern States — and with a re-
moval of the existing and injurious retaliations among
the States on each other. The power of foreign
nations to obstruct our retaliating measures on them,
by a corrupt influence, would also be less, if a ma-
jority should be made competent, than if two-thirds
of each House should be required to legialatire acts
in this case. An abuse of the power would be qual-
ified with all these good effects. But he thought an
abuse was rendered improbable by the provision of
two branches — by the independence of the Senate —
by the negative of the Executive — by the interest
of Connecticut and New Jersey, which were agri-
cultural, not commercial States — by the interior in-
terest, which was also agricultural in the most com-
mercial States — and by the accession of Western
States, which would be altogether agricultural. He
added, that the Southern States would derive an
essential advantage, in the general security afforded
by the increase of our maritime strength. He stated
the vulnerable situation of them all, and of Virginia
in particular. The increase of the coasting trade,
and of Seamen, would also he favorable to the
1787.] FEDERAL CONVENTION. 1455
foundation for a great empire, we ought to take a
permanent view of the subject, and not look at the
present moment only. He reminded the House of
the necessity of securing the West India trade to this
country. That was the great object, and a naviga-
tion act was necessary for obtaining it
Mr. Randolph said that there were features so
odious in the Constitution, as it now stands, that he
doubted whether he should be able to agree to it.
A rejection of the motion would complete the de-
formity of the system. He took notice of the argu-
ment in favor of giving the power over trade to a
majority, drawn from the opportunity foreign powers
would have of obstructing retaliatory measures, if
two-thirds were made requisite. He did not think
there was weight in that consideration. The differ-
ence between a majority and two-thirds, did not
afford room for such an opportunity. Foreign inlSu-
ence would also be more likely to be exerted on the
President, who could require three-foiurths by his
negative. He did not mean, however, to enter into
the merits. What he had in view was merely to
pave the way for a declaration, which he might be
hereafter obliged to make; if an accumulation of
obnoxious ingredients should take place, that he
could not give his assent to the plan.
Mr. GoRHAM. If the Government is to be so fet-
tered as to be unable to relieve the Eastern States,
what motive can they have to join in it, and thereby
tie their own hands from measures which they could
otherwise take for themselves ? The Eastern States
were not led to strengthen the Union by fear for
their own safety. He deprecated the consequences
1466 DEBATES IN THS [1787.
of disunion ; but if it ahould take place, it was the
Southera part of the Continent that had most reason
to dread them. He urged the improbability of a
combination against the interest of the Southern
States, the different situations of the Northern and
Middle States being a security against it It was,
moreover, certain, that foreign ships would never be
altogether excluded, especially those of nations in
treaty with us.
On the question to postpone, in order to take up
Mr. Pinceket's motion, —
Maryland, Virginia, North Carolina, Georgia, aye
— 4 ; New Hampshire, Massachusetts, Connecticut,
New Jersey, Pennsylvania, Delaware, South Caro-
lina, no— 7.
The Report of the Committee for striking oat
Section 6, requiring two-thirds of each House to
pass a navigation act, Teas then agreed to, nem. con.
Mr. BuTLfiR moved to insert after Article 15, " If
any person bound to service or labor in any of the
United States, shall escape into another State, he
or she shall not be discharged from such service or
labor, in consequence of any regulations subsisting
1787.] FEDERAL CONVENTION. 1457
then subsisting." He did nof wish to bind doWn the ^
Legislature to admit Western States on the terms
here stated.
Mr. Madison opposed the motion ; innsting that
the Western States neither would, nor ought to sub-
mit to a union which degraded them fhmi an equal
rank with the other States.
Col. Mason. If it were possible by just means
to prevent emigrations to the Western country, it
might be good policy. But go the people will, as
tliey find it for their interest ; and the best policy is
to treat them with that equality which will make
them friends not enemies.
Mr. Gouverneur Morris did not mean to discour*
age the growth of the Western country. He knew
that to be impossible. He did not wish, however,
to throw the power into their hands.
Mr. Sherman was against the motion, and for
fixing an equality of privileges by the C!onstitution.
Mr. Langdon was in favor of the motion. He did
not know but circumstances might arise, which would
render it inconvenient to admit new States on terms
of equality.
Mr. Williamson was' for leaving the Legislature
free. The existing small States enjoy an equality
now, and for that reason are admitted to it in the
Senate. This reason is not applicable to new West-
ern States.
On Mr. Gouverneur Morris's motion, for striking
out, —
New Hampshire, Massachusetts, Connecticut, New
Jersey, Pennsylvania, Delaware, North Carolina,
Vol. I.— 92
1468 DEBATES IN THE [1787.
South' Carolina, Georgia, aye — 9; Maryland, Vir-
ginia, no — 2.
Mr. L. Martin and Mr. Gtouvernedr Morris moved
to strike out of Article 17, "but to such adnussbn
the consent of two-thirds of the members present
shall be necessary." Before any question was taken
on this motion, — ^
Mr. GoDTBRNEUR MoRRis movcd the following
proposition, as a substitute for the seventeenth Article :
" New States may be admitted by the Legislature
into tlie Union ; but no new States shall be erected
within the limits of any of the present States, with-
out the consent of the Legislature of such State, as
well as of the General L^istature."
The first part, to " Union," inclusive, was agreed
to, netn. con.
Mr. L. Martin opposed the latter part. Nothing,
he saidf would so alarm the limited States, as to
make the consent of the large States, claiming the
Western lands, necessary to the establishment of
new States n*ithin their limits. It is proposed to
guarantee the States. Shall Vermont be reduced
by force, in favor of the States claiming it? Frank-
1787.] FEDERAL CONVENTION. 1459
cessary. The Unkm cannot dismember a State
without its consent
Mr. Langdon thought there was great weight in
the argument of Mr. Luther Martin ; and that the
proposition substituted by Bb. Gouyerneur Morris
would excite a dangerous opposition to the plan.
Mr. Gouverneur Morris thought, on the contrary,
that the small States would be pleased with the
regulation, as it holds up the idea of dismembering
the large States.
Mr. Butler. If new States were to be erected
without the consent of the dismembered States,
nothing but confusion would ensue. Whenever tax-
es should press on the people, demagogues would set
up their schemes of new States.
Doctor Johnson agreed in general with the ideu
of Mr. Sherman ; but was afraid that, as the clause
stood, Vermont would be subjected to New York,
contrary to the faith pledged by Congress. He was
of opinion that Vermont ought to be compelled to
come into the Union.
Mr. Langdon said his objections were connected
with the case of Vermont. If they are not taken
in, and remain exempt from taxes, it would prove of
great injury to New Hampshire and the other neigb-
bouring States.
Mr. Dickinson hoped the article would not be
agreed to. He dwelt on the impropriety of requiring
the small States to secure the large ones in their ex^
tensive claims of territory.
Mr. Wilson. When the majority of a State wish
to divide they can do so. The aim of those in op-
position to the article, he perceived, was that the
1460 DBBATES IN THE [1787.
General Governm^it should abet the minority, and
hy that means divide a State against its ovrn con-
sent.
Mr. GouTBRNBDR MoRRis. If the forced division
of the States is the obj^t of the new system, and
is to be pointed against one or two States, he
expected the gentlemen from these would pretty
quickly leave us.
Adjourned.
Thursday, August 30th.
In Convention, — Article 17, being resumed, for a
question on it, as amended by Mr. Godternbur Mor-
ms's substitute, —
Mr. Carroll ipoved to strike out so mnch of the
Article as requires the consent of the State to its
being divided. He was aware that the object of
this pre-requisite might be to prevent domestic dis-
turbances ; but such was our situation with regard
1787.] FEDERAL CONVENTION. 1461
tiiight be agreed to unanimously. But should this
point be disregarded, he believed that all risks
would be run by a considerable minority, sooner
than give their concurrence.
Mr. L. Martin seconded the motion for a commit-
ment.
Mr. RuTLEDGE. Is it to be supposed that the
States are to be cut up without their own consent '^
The case of Vermont will probably be particularly
provided for. There could be no room to fear that
Virginia or North Carolina would call on the United
States to maintain their government over the mount-
ains.
Mr. Williamson said that North Carolina was
welt disposed to give up her western lands; but
attempts at compulsion were not the policy of the
United States. He was for doing nothing in the
Constitution, in the present case ; and for leaving the
whole matter in statu quo.
Mr. Wilson was against the commitment Una-
nimity was of great importance, but not to be
purchased by the majority's yielding to the minority.
He should have no objection to leaving the case of
the new States as heretofore. He knew nothing
that would give greater or juster alarm than the
doctrine, that a political society is to be torn asunder
without its own consent.
On Mr. Carroll's motion for commitment, —
New Jersey, Delaware, Maryland, aye — 3 ; New
Hampshire, Massachusetts, Connecticut, Pennsylva-
nia, Virginia, North Carolina, South Carolina, Geor-
gia, no — 8.
Mr. Sherman moved to postpone the substitute ibt
14^ DEfiAT&S IN TH& [I'^T.
Article 17, 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 L^islature of such
States." [The first part was meant for the case of
Vermont, to secure its admission.]
On the question, it passed iu the n^ative, —
New Hampshire, Massachusetts, Connecticut, Penn-
sylvania, South Carolina, aye — 5; New Jersey, Del-
aware, Maryland, Virginia, North Carolina, Georgia,
no— 6.
Doctor JoBNsoN inored to insert the words, " here-
after formed, or," after the words, "shall be," in
the substitute for Article 17, [the more clearly to
save Vermont, as being already formed into a State,
from a dependence on the consent of New York fM*
her admission.] The motion was agreed to, — ^Dela-
ware and Maryland <Mily, dssenting.
Mr. GouvERNEUR Morris moved to strike out the
word " limits," in the substitute, and insert the word
jiiristliction." fThia also nas meant tv gimrii the
1787.] FEDBHAL CONVENTION. 1463
forcing and guaranteeing the people of Virginia be-
yond the mountains, the Western people of North
Carolina and Greorgia, and the people o^ Maine, to
continue under the States now governing tliem,
without ttie consent of those States to their separation.
Even if they should become the majorUy^ the ma-
jority of counties^ as in Virginia, may still hold fast
the dominion over them. Again the majority may
place the seat of government entirely among them-
selves, and for their own convenience ; and still
keep the injured parts of the States in subjectioni
under the guarantee of the Greneral government
against domestic violence. He wished Mr. Wilson
•
had thought a little sooner of the value of paliUcal
bodies. In the beginning, when the rights of the
small States were in question, they were phantoms,
ideal beings. Now when the great States were to
be affected, political societies were of a sacred na-
ture. He repeated and enlarged on the unreason-
ableness of requiring the ^mall States to guarantee
the Western claims of the large ones. It was said
yesterday, by Mr. Gtouvernedr Morris, that if the
large States were to be split to pieces without their
consent, their Representatives here would take their
leave. If the small States are to be required to
guarantee them in this manner, it will be found that
the Representatives of other States will, with equal
firmness, take their leave of the Constitution on the
table. •*
It was moved by Mr. L. Martin to postpone the
substituted article, in order to take up the folio wing :
'^ The Legislature of the United States shall have
power to erect new States within, as well as without
1464 DBBATEs in TflB [1787.
the territory claimed hy 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 aflfect the claim of the United States to
vacant lands ceded to them by the late treaty of
peace;" which passed in the negative, — New Jersey,
Delaware, and Maryland, only, aye.
On the question to agree to Mr. GIouvernbdr
Morris's substitoted article, as amended, in the
words following: " New States may be admitted by
the Legislature into the Union ; but no new State
shall be hereafter formed or erected within the juris-
diction of any of the present States, without the
consent of the Legislature of such State, as well as
of the general Legislature, — New Hampshire, Mas-
sachiuetta, Connecticut, Pennaylrania, Vu-ginia,
North Carolina, South Carolina, Georgia, aye — 8;
New Jersey, Delaware, Maryland, no — 3.
Mr. Dickinson moved to add the following clause
to the last:
"Nor shall any State be formed by the junction
of two or more States, or parts thereof^ wiUiout the
consent of t!i Legislature of such States, as well
1787.] FEDERAL CONVENTION. 1465
Mr. Wilson was against the motion. There was
nothing in the Constitution affecting, one way or
the other, the claims of the United States ; and it
was best to insert nothing, leaving every thing on
that litigated subject in statu quo.
Mr. Madison Considered the claim of the United
States as in fact favored by the jurisdiction of the
Judicial power of the United States over controver-
sies to which they should be parties. He thought it
best, on the whole, to be silent on the subject He
did not view the proviso of Mr. Carroll as dan-
gerous ; but to make it neutral and fair, it oi^ht to
go further, and declare that the claims of particular
States also should not be affected.
Mr. Sherman thought the proviso harmless, espe-
cially with the addition suggested by Mi". Madison
in ftivor of the claims of particular States.
Mr. Baldwin did not wish any undue advantage
to be given to Georgia. He thought the proviso
proper with the addition proposed. It should be
remembered that if Greorgia has gained much by the
cession in the treaty of peace, she was in danger du-
ring the war of a Uti possedetis.
Mr. RuTLEDGE thought it wrong to insert a proviso,
where there was nothing which it could restrain, or
on which it could operate.
Mr. Carroll withdrew his motion and moved the
following :
" Nothing in this Constitution shall be construed
to alter the claims of the United States, or of the
individual States, to the Western territory; but all
such claims shall be examined into, and decided
upon, by the Supreme Court of the United States/'
Vol. I.— 92*
1466
DEBATES IN THE
[1787.
Mr. GouTERNEDR MoRRis movcd to postpone tliis,
in order to take up the following :
" 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 tliis Constitution con-
tained, shall be so construed as to prejudice any
claims, either of the United States or of any partic-
ular State." The postponement agreed to, nem. con.
Mr. L. Martin moved to amend the proposition of
Mr. GouvERNEDR MoRRis, by adding : " But all such
claims may be examined into, and decided, upon, by
the Supreme Court of the United States."
Mr. GouvERNEUR Morris. This is unnecessary,
as all suits to which the United States are parties
are already to be decided by the Supreme Court.
Mr. L. Martin. It is proper, in. order to remove
all doubts on this point.
On the question on Mr. L. Martin's amendatory
motion, —
New Jersey, Maryland, aye — 2; New Hampshire,
Massachusetts, Connecticut, Pennsylvania, Dela-
ware, Virginia, no — 6. States not further called,
1787.] FEDERAL CONVENTION. 1467
United States, that they should in all cases suppress
domestic violence, which may proceed from the
State Legislature itself, or from disputes between the
two branches where such exist.
Mr. Dayton mentioned the conduct of Rhode Isl-
and, as showing the necessity of giving latitude to
the power of the United States on this subject.
On the question,—
New Jersey, Pennsylvania, Delaware, aye — ^3;
New Hampshire, Massachusetts, Connecticut, Mary-
land, Virginia, North Carolina, South Carolina,
Greorgia, no-— 8.
On a question for striking out '^ domestic violence^'*
and inserting '^ insurrections," it passed in the neg-
ative,—
New Jersey, Virginia, North Carolina, South Car-
olina, Georgia, aye — 5 ; New Hampshire, Massachu-
setts, Connecticut, Pennsylvania, Delaware, Ma-
ryland, no— -6.
Mr. Dickinson moved to insert the words, "or
Executive," after the words, " application of its Le-
gislature." The occasion itself, he remarked, might
hinder the Legislature from meeting.
On this question, —
New Hampshire, Connecticut, New Jersey, Penn-
sylvania, Delaware, North Carolina, South Carolina,
Georgia, aye — 8; Massachusetts, Virginia, no — 2;
Maryland, divided.
Mr. L. Martin moved to subjoin to the last
amendment the words, " in the recess of the Legis-
lature." On which question, Maryland only, aye.
On the question on the last clause, as amended, —
New Hampshire, Massachusetts, Connecticut, New
1468
DEBATES IN THB
[1787.
Jersey, Pennsylvania, Virginia, North Carolina,
South Carolina, Georgia, aye — 9 ; Delaware, Mary-
land, no--2.»
Article 19, was then taken up.
Mr. CiOuvERNBUR Morris suggested, that the Le-
gislature should be left at liberty to call a Conven-
tion whenever they pleased.
The Article was agreed to, jiem. con.
Article 20 was then taken up, The words " or
affirmation," were added, after " oath."
Mr. PiNCK?iET moved to add to the Article : " but
no religious test shall ever be required as a qualifi-
cation to any (^ce or public trust under die author-
ity of the United States."
Mr. Sherman thought it unnecessary, the pre-
vailing liberality being a sufficient security against
such tests.
Mr. Gouvernbur Morris and General Pincenet
approved the motion.
The motion was agreed to, nem. con., and then the
whole article, — North Carolina only, no ; and Mary-
land, divided.
Arlirle 21, beinfi tlien taken up; "The ratifica-
1787.^ FEDERAL CONVENTION. 1469
Hampshire, Massachusetts, Connecticut, Pennsylva*
nia, Virginia, North Carolikia, South Carolina, Greor-
gia, no — 8.
Mr. GouvERNEUR Morris thought the blank ought
to be filled in a two-fold way, so as to provide fer
the event of the ratifying States being contiguous,
which would render a smaller number sufficient;
and the event of their being dispersed, which would
require a greater number for the introduction of the
Government.
Mr. Sherman observed that the States being now
confederated by articles which require unanimity in
changes, he thought the ratification, in this case, of
ten States at least ought to be made necessary.
Mr. Randolph was for 'filling the blank with
" nine," that being a respectable majority of the
whole, and being a number made familiar by the
constitution of the existing Congress.
Mr. Wilson mentioned '^ eight," as preferable.
Mr. Dickinson asked, whether the concurrence of
Congress is to be essential to the establishment of
the system — whether the refusing States in the
Confederacy could be deserted — and whether Con-
gress could concur in contravening the system under
which they acted ?
Mr. Madison remarked, that if the blank should
he filled with " seven," " eight," or " nine," the Con-
stitution as it stands might be put in force over the
whole body of the people, though less than a ma-
jority of them should ratify it.
Mr. Wilson. As the Constitution stands, the
States only which ratify can be bound. We must,
he said, in this case, go to the original powers of
1470 DEBATES 1\ THE [1787.
soeic(y- The house on fire must be extinguislied,
without a scrupulous regard to ordinary rights.
Mr. BuTi.ER was in favor of " nine." He revolted
at the idea that one or two States should restrain
the rest from consulting tlieir safety.
Mr. Cakroll moved to hll the blank with, " the
thirteen ;" unanimity being necessary to dissolve the
existing Confederacy, which had been unanimously
established.
Mr. King thought this amendment necessary;
otherwise, as the Constitution now stands, it will
operate on the whole, though ratified by a part only.
Adjourned.
Friday, August 31st.
In Convention, — Mr. King moved to add, to the
end of Article 21, the words, " between the said
States;" so as to confine the operation of the Gov-
ernment to the States ratifying it.
On the question, nine States voted in the affirma-
tive ; Maryland, no ; Delaware, absent
Mr. Madison proposed to fill the blank in the Ar-
ticle with, " any seven or more States entitled to
thirty-three members at least in the House of Rep-
resentatives according (o the allotment made in the
third Section of Article 4." This, he said, would
require the concurrence of a majority of both the
States and the people,
Mr. Sherman doubted the propriety of authorizing
less than all the States to execute the Constitution,
considering the nature of the existing Confederation.
I 1787.]
h Perhaps
position
Mr. C
tlie con*
the Rep
this QUI
FEDERAL CONTE
1471
b
Perhaps all the States may concur, and on tliat sup-
position it is needless to hold out a breach of faith.
Mr. Clymeu and Mr. Carroli. moved to postpone
the consideration of Article 21, in order to lake up
the Reports of Committees not yet acted on. On
thi.s question tlie States were equally divided, —
New Hampshire, Pennsylvania, Delaware, Mary-
land, Georgia, aye — 5; Massachusetts, New Jersey,
Virginia, North Carolina, South Carolina, no — 5;
Connecticut, divided.
Mr. GoDVERNEUR MoRRis uiovcd to Strike out,
" conventions of the," after " ratifications ;" leaving
the States to pursue their own modes of ratification.
Mr, Carroll mentioned the mode of altering; the
Constitution of Maryland pointed out therein, and
that no other mode could be pursued in that State.
Mr. King thought that striking out " conventions,"
as the requisite mode, was equivalent to giving up
the business altogether. Conventions alone, which
will avoid all the obstacles from the complicated
formation of the Legislatures, will succeed ; and if
not positively required by the plan, its enemies will
oppose that mode.
Mr. GouvERNEUR Morris said, he meant to facili-
tate the adoption of the plan, by leaving the modes
approved by the several State Constitutions to be
followed.
Mr. Madison considered it best to require Conven-
tions; among other reasons for this, that the powers
given to the General Government being taken from
the State Governments, the Legislatures would be
more disinclined than Conventions composed in part
at least of other men ; and if disinclined, they could
1472
DEBATES IN THE
[W87.
derise modes apparently promoting, but really thwart-
ing, the ratification. The difficulty in Maryland was
no greater than in other States, where no mode of
change was pointed out by the Constitution, and all
officers were under oath to support it. The people
were, in fact, tbe fountain of all power, and by re-
sorting to Uiem, all difficulties were got over. They
could alter constitutions as they pleased. It was a
principle in the Bills of Rights, that first principles
might be resorted to.
, Mr. McHenry said, that the officers of government
in Maryland were under oath to support the mode
of alteratbn prescribed by tbe Constitution.
Mr. GoRHAM urged the expediency of " Conven-
tions;" also Mr. Pincknbv, for reasons formerly
urged on a discussion of tliis question.
Mr. L. Martin insisted on a reference to the State
Legislatures.' He urged the danger of commotions
from a resort to the people and to first principles ; in
which the Goremment might be on oite side, and tlie
people on the other. He was apprehensive of no
such consequences, however, in Maryland, whether
the Legislature or the people should be appealed to.
1787.] FEDERAL CONVENTION. 1473
Connecticut, Pennsylvania, Delaware, Maryland,
Virginia, aye — 5; New Hampshire, Massachusetts,
New Jersey, Nortli Carolina, South Carolina, Geor-
gia, no — 6.
On Mr. GouvERNEUR Morris-s motion, to strike
out " Conventions of the," it was negatived, —
Connecticut, Pennsylvania, Maryland, Georgia,
aye — 4 ; New Hampshire, Massachusetts, New Jer-
sey, Delaware, Virginia, South Carolina, no — 6.
On the question for filling the blank in Article 21,
with '* thirteen," moved by Mr. Carroll and Mr. L.
Martin, — all the States were no, except Maryland.
Mr. Sherman and Mr. Dayton moved to fill the
blank with " ten."
Mr. Wilson supported the motion of Mr. Madison,
requiring a majority both of the people and of
States.
Mr. Clymer was also in favor of it.
Colonel Mason was for preserving ideas familiar
to the people. Nine States had been required in all
great cases under the Confederation, and that num-
ber was on that account preferable.
On the question for " ten," —
Connecticut, New Jersey, Maryland, (Seorgia, aye
— 4 ; New Hampshire, Massachusetts, Pennsylvania,
Delaware, Virginia, North Carolina, South Carolina,
no — 7.
On the question for " nine," —
New Hampshire, Massachusetts, Connecticut,
New Jersey, Pennsylvania, Delaware, Maryland,
Georgia, aye — 8; Virginia, North Carolina, South
Carolina, no — 3.
Article 21, as amended, was then agreed to by all
93
1474 DEBATES IN THE [1787.
the States, Maryland excepted, and Mr. Jenifer be-
ing, aye.^
Article 22, was then taken up, to wit; "This
Constitution shall be laid before the United States
in Congress assembled, for their approbation ; and
it is the opinion of this Convention tliat it should be
afterwards submitted to a Convention chosen in
each State, under the recommendation of its Legis-
lature, in order to receive the ratification of such
Convention."
Mr. GouvERHEUB Morris and Mr. Pincknet moved
to strike out the words, " for their approbation."
On this question, —
New Hampshire, Connecticut, New Jersey,*
Pennsylvania, Delaware, Virginia, North Carolina,
South Carolina, aye — 8 ; Massachusetts, Maryland,
Georgia, no — 3.
Mr. GouvBRNEUR Morris and Mr. Pincrnbt then
moved, to amend the Article so as to read ;
" 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 or-
1787.] FEDERAL CONVENTION. 1475
Conventions, in order to prevent enemies to the plan
from giving it the go by. When it first appears,
with the sanction of this Convention, the people
will be favorable to it. By degrees the State offi-
cers, and those interested in the State Governments,
will intrigue, and turn the popular current against it.
Mr. L. Martin believed Mr. Morris to be right,
that after a while the people would be against it;
but for a different reason from that alleged. He be-
lieved they would not ratify it, unless hurried into it
by surprise.
Mr. Gerry enlarged on the idea of Mr. L. Mar-
tin, in which he concurred ; represented the system
as full of vices; and dwelt on the impropriety of
destroying the existing Confederation, without the
unanimous consent of the parties to it.
On the question on Mr. Gouverneur Morris's and
Mr PiNCKNEv's motion, —
New Hampshire, Massachusetts, Pennsylvania,
Delaware, aye-— 4 ; Connecticut, New Jersey, Ma-
ryland, Virginia, North Carolina, South Carolina,
Georgia, no — 7.
Mr. Gerry moved to postpone Article 22.
Colonel Mason seconded the motion, declaring
that he would sooner chop off his right hand, than
put it to the Constitution as it now stands. He wished
to see some points, not yet decided, brought to a decis-
ion, before being compelled to give a final opinion
on this Article. Should these points be improperly
settled, his wish would then be to bring the whole
subject before another General Convention.
Mr. Gouverneur Morris was ready for a post-
ponement. He hn^ loner wished for another Con-
1476 DEBATES IN THE [1787.
vention, that will liave the firmness to provide a vig-
orous Government, which we are afraid to do.
Mr. Randolph stated his idea to be, in case the
final Ibrm of the Constitution should not permit him
to accede to it, that the State Conventions should
be at liberty to propose amendments, to be submit-
ted to another General Convention, which may reject
or incorporate them as may be judged proper.
On the question for postponing, —
New Jersey, Maryland, North Carolina, aye — 3
New Hampshire, Massachusetts, Connecticut, Penn-
sylvania, Delaware, Virginia, South Carolina, Geor-
gia, no — 8.
On the question on Article 22, ten States, aye
Maryland, no.
Article 23, being taken up, as far as the words,
"assigned by Congress," inclusive, was agreed to,
nem. con., the blank having been first filled with the
word, " nine," as of course.
On a motion for postponing the residue of the
clause, concerning the choice of the President,
&c."—
Massachusetts. Delaware.
1787.] FEDERAL CONVENTION. 1477
Carolina,* Greorgia, aye — ^9 ; New Hampshire, no — 1 ;
Maryland, divided.
Article 23, as amended, was then agreed to, nem.
con*
The Report of the Grand Committee of eleven,
made by Mr. Sherman, was then taken up, (see the
twenty-eighth of August.)
On the question to agree to the following clause,
to be inserted after Article 7, Sect. 4 : " nor shall
any regulation of commerce or revenue give prefer-
ence to the ports of one State over those of another,"
— agreed to, nem. con.
On the clause, ''or oblige vessels bound to or
from any State to enter, clear, or pay duties, in an-
other,"—
Mr. Madison thought the restriction would be in-
convenient ; as in the river DeFaware, if a vessel can-
not be required to make entry below the jurisdiction
of Pennsylvania.
Mr. FrrzsiMONs admitted that it might be incon-
venient, but thought it would be a greater inconve-
nience, to require vessels bound to Philadelphia to
enter below the jurisdiction of the State.
Mr. GoRHAM and Mr. Langdon contended, that the
Government would be so fettered by this clause, as
to defeat the good purpose of the plan. They men-
tioned the situation of the trade of Massachusetts
and New Hampsliire, the case of Sandy Hook, which
is in the State of New Jersey, but where precautions
against smuggling into New York ought to be estab-
lished by the (Jeneral Government.
* In the pnoted Journal, South Ctroliua, no.
1478
DEBATES IN THE
[ 1787.
Mr. McHenrv said, tlie clause would not screen a
vessel from being obliged to take an officer on board,
as a security for due entry, &c.
Mr. Carroll was anxious Uiat the clause should
be agreed to. He assured the House, that this was
a tender point in Maryland.
Mr. Jenifer urged the necessity of the clause in
the same point of view.
On the question for agreeing to it, —
Connecticut, New Jersey, Pennsylvania, Dela-
ware, Maryland, Vii^inia, North Carolina, Georgia,
aye — 8 ; New Hampshire, South Carolina, no — 2.
The Word " tonnage," was struck out, nem. con.,
as comprehended in " duties."
On the question on the clause of the Report, " and
all duties, imposts and excises, laid by the Legisla-
ture, shall be uniform throughout the United States,"
it was agreed to nem. con.*
On motion of Mr. Sherman, it was agreed to refer
such parts of the Constitution as have been post-
poned, and such parts of Reports as have not been
acted on, to a Committee of a member from each
State; the Committee, appointed by ballot, being,
1787.] federal convention. 1479
Saturday, September 1st.
In Cowoention^ — Mr. Brearly, from the Gommittee
of eleven to which were referred yesterday the post-
poned part of the Constitution, and parts of Reports
not acted upon, made the following partial report:
" That in lieu of Article 6, Sect. 9, the words fol-
lowing be inserted, viz : ^ 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 respectively be elected; and no
person holding an office under the United States
shall be a member of either House during his con-
tinuance in office.' "
Mr. RuTLEDGE, from the Committee to whom were
referred sundry propositions, (see twenty-ninth of
August) together with Article 16, reported that the
following additions be made to the Report, viz :
" After the word ' States,' in the last line on the
margin of the third page (see the printed Report,)
add, 'to establish uniform laws on the subject of
bankruptcies.'
"And insert the following as Article 16, viz:
' Full faith and credit ought to be given in each
State to the public 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.' "
After receiving these Reports, the House
Adjourned.
1480
DEBATES IN THE
[178T.
Monday, September 3d.
In CotwenHon, — ^Mr. Gooverneur Morris moved
to amend the Report concerning tlie respect to be
paid to acts, records, &c. of one State in other States
(see the first of September) by striking out, "judg-
ments obtained in one State shall have in another ;"
and to insert the word " thereof," after the word
" effect."
Col. Mason favored the motion, particularly if the
" effect" was to be restrained to judgments and judi-
cial proceedings.
Mr. Wilson remarked, that if the Legislature
were not allowed to declare the effect, the provision
would amount to nothing more than what now takes
place among all independent nations.
Doctor Johnson thought the amendment, as word-
ed, would auttiorize the General Legislature to de-
clare the effect of L^islative acts of one State in
another State.
Mr. Randolph considered it as strengtliening the
general objection against the plan, tliat its defin-
1787.] FEDERAL CONVENTION. 1481
On motion of Mr. Madison, the words, " ought to,"
were struck out, and " shall" inserted ; and *• shall,"
between "Legislature" and "by general laws,"
struck out, and "may" inserted, nem, con.
On the question to agree to the Report as amended,
viz : " Full faith and credit shall be given in each
State to the public acts, records and judicial pro-
ceedings of every other State, and the Legislature
may, by general laws, prescribe the manner in which
such acts, records and proceedings shall be proved^
and the effect thereof," — it was agreed to without a
count of the States.**
The clause in the Report, " To establish uniform
laws on the subject of bankruptcies," being taken
up,—
Mr. Sherman observed, that bankruptcies were in
some cases punishable with death, by the laws of
England ; and he did not choose to grant a power
by which that might be done here.
Mr. GrouvERNEUR MoRRis Said, this was an exten-
sive and delicate subject. He would agree to it be-
cause he saw no danger of abuse of the power by
the Legislature of the United States.
On the question to agree to the clause, Connecti-
cut alone was in the negative.
Mr. PiNCKNEY moved to postpone the Report of
the Committee of eleven (see the first of Septem-
ber) in order to take up the following :
" The members of each House shall be incapable
of iiolding any office under the United States for
wliich they, or any other for their benefit, receive
any salary, fees or emoluments of any kind ; and
93*
1482
DBBATBS IN TUB
[1787.
the acceptance of such office shall vacate their seats
respectively."
He was strenuously opposed to an ineligibility of
members to office, and tliererore wished to restrain
the proposition to a mere incompatibility. He con-
sidered the eligibility of members of tlie Legisla-
ture to the honourable offices of Govermnent, as re-
sembling the policy of the Romans, in making tlie
temple of Virtue the road to the temple of Fame.
On tliis question,^ —
Pennsylvania, Nortli Carolina, aye— 2; New
Hampshire, Massachusetts, Connecticut, New Jersey,
Maryland, Virginia, South Carolina, Georgia, no — 8.
Mr, King moved to insert the word " created," be-
fore the word "during," in the Report of the Com-
mittee. This, he said, would exclude the members
of the first legislature under the Constitution, as most
of the offices would then be created.
Mr. Williamson seconded the motion. He did not
sec why members of the Legislature should be
ineligible to vaamdes happening during the term of
their election.
Mr. Sherman was for entirely incapacitating mem-
1787.] FEDERAL CONVENTION. 1483
Mr. GrouvERNEUR MoRRis Contended that the eli-
gibility of members to ofBce would lessen the influ-
ence of the Executive. If they cannot be appointed
themselves, the Executive will appoint their rela-
tions and friends, retaining the service and votes of
the members for his purposes in the Legislature.
Whereas the appointment of tlie members deprives
him of such an advantage.
Mr. Gerry thought the eligibility of members
would have the effect of opening batteries against
good ofiicerSy in order to drive them out and make
way for members of the Legislature.
Mr. GoRHAM was in favor of the amendment.
Without it, we go further than has been done in any
of the States, or indeed any other country. The
experience of the State Governments, where there
was no such ineligibility, proved that it was not ne-
cessary; on the contrary, that the eligibility was
among the inducements for fit men to enter into the
Legislative service.
Mr. Randolph was inflexibly flxed against inviting
men into tlie Legislature by the prospect of being
appointed to offices.
Mr. Baldwin remarked that the example of the
States was not applicable. The Legislatures there
are so numerous, that an exclusion of their members
would not leave proper men for offices. The case
would be otherwise in the General Govermnent.
Colonel Mason. Instead of excluding merit, the
ineligibility will keep out corruption, by excluding
office-hunters.
Mr. Wilson considered the exclusion of members
of tlie Legislature as increasing the influence of the
1484 DEBATES IN THB [1787.
Kxecutire, as observed by Mr. Goovernbur Morris ;
at tite same time that it would diminish the general
energy of the Government. He said tliat the legal
disqualification for office would be odious to those
who did not wish for office, but did not witih either
to be marked by so degrading a distinction.
Mr. PiNcKNBr. The first Legislature will be com-
posed of the ablest men to be found. The States
will select such to put the Government into opera-
tion. Should the report of the Committee, or even
the amendment be agreed to, the great offices,
even those of the Judiciary department, which are
to continue Ibr life, must be filled, while those
most capable of filling them will be under a disquali-
fication.
On the question on Mr. King's motion, —
New Hampshire, Massachusetts, Pennsylvania,
Virginia, North Carolina, aye — 5; Connecticut, New
Jersey, Maryland, South Carolina,Georgia, no — 5.
The amendment being thus lost, by tlie equal di-
visioQ of the States, Mr. Williamson moved to in-
sert the words " created, or the emoluments whereof
siiall have been increased," before the word " during,"
1787.] FEDERAL CONVENTION. 1485
The Report, as amend^ and agreed to, is as fol-
lows:—
" 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."^^
Adjourned.
Tuesday, September 4th.
Ifi Convention^ — Mr. Brearly, from the Commit-
tee of eleven, made a further partial Report as fol-
lows:
" The Committee of eleven, to whom sundry reso-
lutions, &c., were referred on the thirty-first of Aur
gust, report, that in their opinion the following addi-
tions and alterations should be made to the Report
before the Convention, viz :*
" 1. The first clause of Article 7, Section 1, to
read as follows : ' The Legislature shall have power
to lay and collect taxes, duties, imposts and excises,
to pay the debts and provide for the common defence
and general welfare of the United States.'
* This is an exact copj. The ▼ariations in that in the printed Journal, are
occasioned by its incorporation of subsequent amendments. This remark is ap-
plicable to other cases.
1486
DEBATES IN THE
[1787.
" 2. At the end of the second clause of Article 7,
Section 1, add, ' and with the Indian tribes.'
"3. In the place of the 9th Article, Section 1, io
be inserted: 'The Senate of the United Stetes
shall have power to try all impeachments ; but no
person shall be convicted without the concurrence
of two-tliirds of the members present.'
"4. After the word 'Excellency,' in Section 1,
Article 10, to be inserted : ' He shall hold his office
during the term of four years, and together witli the
Vice-President, chosen for the same term, be elected
in the following manner, viz : Each State shall ap-
point, 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 Representa-
tives to which the State may be entitled in the Le-
gislahire. TheElectors shall meet in their respec-
tive States, and vote by ballot tor two persons, of
whom one at least shall not be an inhabitant of tlic
same State with themselves ; and tbey shall make a
list of alt 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 Gov-
1787.] FEDERAL CONVENTION. 1487
from the five highest on the list, the Senate shall
choose by ballot the President ; and in every case
ader the choice of the President, the person having
the greatest number of votes shall be Vice-Presi-
dent ; but if there should remain two or more who
have equal votes, the Senate shall choose from them
the Vice-President. The Legislature may deter-
mine the time of choosing and assembling the Elec-
tors, and the manner of certifying and transmitting
their votes.'
'' 5. Section 2. ' 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 ; 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.'
" 6. Section 3. * The Vice President shall be ez
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 ex-
cepting 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 Pre-
sident of the Senate, shall not have a vote unless the
House be equally divided.'
" 7. Section 4. * The President, by and with the
advice and consent of the Senate, shall have power
to make treaties ; and he shall nominate, and, by
and with the advice and consent of the Senate, shall
appoint ambassadors, and other public ministers,
\
1488 DEBATES IN THE [1787.
Judges of the Supreme Court, and all other officers
of tlie United States whose appointments are not
othenvise Iierein provided for. But no treaty shall
be made without the consent of two-thirds of the
members present.'
" 8. After the words, ' into the service of the
United States,' in Section 2, Article 10, add ' and
may require the opinion in writing of the principal
officer in each of the Executive Departments, upon
any subject relating to the duties of their respective
offices.'
" 9. The latter part of Section 2, Article 10, to
read as follows: 'He shall be removed from his
office on impeachment by the House of Representa-
tives, and conviction by the Senate, for treason or
bribery; and in case of his removal as aforesaid,
death, absence, resignation or inability to discharge
the powers or duties of his office, the Vice President
shall exercise those powers and duties, until another
President be chosen, or until the inability of tlic
President be removed.' "
The first clause of the Report was agreed to, nan.
con.
Tlie second clause was also agreed to, nem. con.
The third clause was postponed, in order to decide
previously on the mode of electing the President.
The fourth clause was accordingly taken up.
Mr. RoRHAM disapproved of making the next
liighest after the President the Vice President, with-
out referring the decision to the Senate in case the
next highest should have less than a majority of
votes. As the regulation stands, a very obscure
1787.] FKDETIAI. CONVENTION. 1489
man with very few votes may arrive at that ap-
pointment.
Mr. Sherman said tlie object of this clause of the
Report of the Committee was to get rid of the ineli-
gibility whicli was attached to the mode of electioB
by the Legi.slature, and to render the Executive
independent of the Legislature. As the choice of
the President was to be made out of the five Iiigheat,
obscure characters were sufficiently guarded against
in that case ; and he had no objection to requuring
the Vice President to be chosen in like manner,
where the choice was not decided by a majority in
the first instance.
Mr. Madison was apprehensive that by requiring
both the President and Vice President to be chosen
out of the five highest candidates, the attention of
the electors would be turned too much to making
candidates, instead of giving their votes in order to a
(lefmitive choice. Should this turn be given to the
business, the election would in fact be consigned to
the Senate altogether. It would have the eflTect, at
the same time, he observed, of giving the nomination
of the candidate.s to the largest States.
Mr. GouvERNEiiR Morris concurred in, and en-
forced the remarks of Mr. Madison.
Mr. Randolph and Mr. Pihcknet wished for a
particular explanation, and discussion, of the reasons
for changing the mode of electing the Executive.
Mr. GoDVERNEun Morris said, he would give the
reasons of the Committee, and his own. The first
was the danger of intrigue and faction, if the ap-
pointment should be made by tlie Legislature. The
next was the inconvenience of an ineligibility re-
94
1490
DBBATBS LN THB
[1787.
quired by Uiat mode, in order to lessen ito evils.
The third was the difficulty of establishiDg a court
of impeachments, other than the Senate, which
would not be so proper for the trial, nor the other
branch, for the impeachment of the President, if
appointed by the Legislature. In the fourth place,
nobody' had appeared to be satisfied with -an ap-
pointment by the Legislature. In the Sf^ place,
many were anxious even for an immediate choice by
the people. And finally, the sixth reason was the
iiidi^>en8able necessity of making the Executive
independent of tKe L^islature. As the electors
would vote at the same time, throughout the United
States, and at so great a distance from each other,
the great evil of cabal was avoided. It would be
impossible, also, to corrupt them. A conclusive
reason for making the Senate, instead of the Su-
preme Court, the judge of impeachments, was, that
the latter was to try the President, after the trial of
the impeachment.
Gol. Mason confessed that the plan of the Com-
mittee had removed some capital objections, partic-
ularly the danger of cabal and corruption. It was
1787.] FEDERAL CONVENTION. 1491
will be strangers to the several candidateSi and of
course unable to decide on their comparative merits.
Thirdly, it makes the Executive re-eligible, which
will endanger the public liberty. Fourthly, it makes
the same body of men which will, in fact, elect
the President, his judges in case of an impeach-
ment.
Mr. WiLLUMsoN had great doubts whether the
advantage of re-eligibility, would balance the objec^
tion to such a dependence of the President on the
Senate for his re-appointment. He thought, at least,
the Senate ought to be restrained to the two highest
on the list.
Mr. GrouvERNEUR MoRRis Said, the principal advan-
tage aimed at was, that of taking away the oppor-
tunity for cabal. The President may be made, if
thought necessary, ineligible, on this as well as on
any other mode of election. Other inconveniences
may be no less redressed on this plan than any
other.
Mr. Baldwin thought the plan not so objectiona-
ble, when well considered, as at first view. The
increasing intercourse among the people of the
States would render important characters less and
less unknown ; and the Senate would consequently
be less and less likely to have the eventual appoint-
ment thrown into their hands.
Mr. Wilson. This subject has greatly divided
the House, and will also divide the people out of
doors. It is in truth the most difficult of all on which
we have had to decide. He had never made up an
opinion on it entirely to his own satisfaction. He
thought the plan, on the whole, a valuable improve-
1492 DEBATES IN THE [1787.
ment on the former. It gets rid of one great evil,
that of cabal and corruption ; and continental charac-
ters will multiply as we more and more coalesce, so
as to enable the Electors in every part of the Union
to know and judge of them. It clears the way also
for a discussion of the question of re-eligibility, on
its own merits, which the former mode of election
seemed to forbid. He thought it might be better,
however, to refer the eventual appointment to the
Legislature than to' the Senate, and to coniine it to
a smaller number than five of the candidates. The
eventual election by the Legislature would not open
cabal anew, as it would be restrained to certain de-
signated objects of choice ; and as these must have
had the previous sanction of a number of the States ;
and if the election be made as it ought, as soon as
the votes of the Electors are opened, and it is known
that no one has a majority of the whole, there can
be little danger of corruption. Another reason for
preferring the Legislature to the Senate in this busi-
ness was, that the House of Representatives will be
so often changed as to be free from the influence, and
faction, to which the permanence of the Senate may
1787.] FEDERAL CONVENTION. 1493
Mr. GouvERNEUR Morris said tlie Senate was pre-
ferred because fewer could then say to the President,
you owe your appointment to us. He thought the
President would not depend so much on the Senate
for his re-appointment, as on his general good con-
duct.
The further consideration of the Report was post-
poned, that each member might take a copy of the
remainder of it.
The following motion was referred to the Commit-
tee of Eleven, to wit, to prepare and report a plan
for defraying the expenses of the Convention."*
*Mr. PiNCKNETf moved a clause declaring, that
each House should be judge of the privileges of its
own members.
Mr. GouvERNEUR Morris seconded the motion.
Mr. Randolph and Mr. Madison expressed doubts
as to the propriety of giving such a power, and wish-
ed for a postponement.
Mr. Godverneur Morris thought it so plain a
case, that no postponement could be necessary.
Mr. Wilson thought the power involved, and the
express insertion of it needless. It might beget
doubts as to the power of other public bodies, as
courts, <fcc. Every court is the judge of its own
privileges.
Mr. Madison distinguished between the power of
judging of privileges previously and duly established,
and the effect of the motion, which would give a
discretion to each House as to the extent of its own
privileges. He suggested that it would be better to
Thie moUon is not contained in the printed Journal.
1494 DEBATES IN THE [1787.
make provision for ascertaining by lam the privileges '
of each House, thsn to allow each House to decide
for itself. He suggested also the necessity of con-
sidering what privileges ought to be allowed to the
Executive.
Adjourned.
Wednesday, September 5th.
In Corwention, — Mr. Brearly, from the Commit-
tee of Eleven, made a further Report, as follows:
"1. To add to the clause, ' to declare war,' the
words, ' and grant letters of marque and reprisal.'
" 2. To add to the clause, ' to raise and support ar^
mies,' the words, ' but no appropriation of money to
that use shall be for a longer term than two years.'
" 3. Instead of Sect. 12, Article 6, say : ' All bills
for raising revenue shall originate in Uie House of
B^resentatives, and shall be subject to alterations
and amendments by the Senate : no money shall be
drawn from the Treasury, but in consequence of ap-
priations made by la'
1787.] FEDERAL CONVENTION. 1495
useful arts, by securing for limited times to authors
and inventors, the exclusive right to their respective
writings and discoveries.' "
This report being taken up, the first clause was
agreed to, nem. con.
To the second clause Mr. Gerry objected, that it
admitted of appropriations to an army for two years,
instead of one ; for which he could not conceive a
reason ; that it implied there was to be a standing
army, which he inveighed against, as dangerous to
liberty — as unncessary even for so great an extent
of country as this — and if necessary, some restric-
tion on the number and duration ought to be pro-
vided. Nor was this a proper time for such an in-
novation. The people would not bear it.
Mr. Sherman remarked, that the appropriations
were permitted only, not required to be for two
years. As the Legislature is to be biennally elected,
it would be inconvenient to require appropriations
to be for one year, as there might be no session
within the time necessary to renew them. He should
himself, he said, like a reasonable restriction on the
number and continuance of an army in time of peace.
The second clause was then agreed to, nem. con.
The third clause Mr. Gouverneur Morris moved
to postpone. It had been agreed to in the Commits
tee on the ground of compromise ; and he should feel
himself at liberty to dissent from it, if on the whole
he should not be satisfied with certain other parts to
be settled.
Mr. Pincknev seconded the motion.
Mr. Sherman was for giving immediate ease to
those who looked on this clause as of great moment,
1486
DEBATES IN THE
[1787.
and for trusting to their concurrence in other proper
measures.
On the question for postponing, —
New Hampshire, Connecticut, New Jersey, Penn-
sylvania, Delaware, Maryland, North Carolina,
South Carolina, Georgia, aye — ^9 ; Massachusetts,
Virginia, no — 2.
So much of the fourth clause as related to the seat
of government was agreed to, nem. con.
On the residue, to wit, " to exercise like authority
over all places purchased for forts, &c."
Mr. Gehrt contended that this power might be
made use of to enslave any particular State by
buying up its territory, and that the strong holds
proposed would be a means of awing the State into
an undue obedience to the General Government.
Mr. King thought, himself, the provision unneces-
sary, the power being already involvedj but would
move to insert, after the word "purchased," the
words, "by the consent of the Legislature of the
State." This would certainly make the power safe.
Mr. GoDVEEiNEDR MoRRis secondcd the motion,
which was agreed to, nem con. ; as was then the res-
1787.] FEDERAL CONVENTION. 1497
^^ Ordered, that the Secretary make out and trans-
mit to the Treasury office of the United States, an
account for the said services and for the incidental
expenses of this Convention."
The resolution and order were separately agreed
to, nem. con.
Mr. Gerrt gave notice that he should move to re-
consider Articles 19, 20, 21, 22.
Mr. Williamson gave like notice as to the Article
fixing the number of Representatives, which he
thought too small. He wished, also, to allow Rhode
Island more than one, as due to her probable number
of people, and as proper to stifle any pretext arising
from her absence on the occasion.
The report made yesterday as to the appointment
of the Executive being then taken up, —
Mr. PiNCKNEY renewed his opposition to the mode ;
arguing, first, that the electors will not have suffi-
cient knowledge of the fittest men and will be
swayed by an attachment to the eminent men of
their respective States. Hence, secondly, the dis-
persion of the votes would leave the appointment
with the Senate, and as the President's re-appoint-
ment will thus depend on the Senate, he will be the
mere creature of that body. Thirdly, he will com-
bine with the Senate against the House of Repre-
sentatives. Fourthly, this change in the mode of
election was meant to get rid of the ineligibity of
the President a second time, whereby he will become
fixed for life under the auspices of the Senate.
Mr. Gerry did not object to this plan of constitu-
ting the Executive in itself, but should be governed
94*
148S
DEBATES IN THE
[1787.
in his final vote by the powers that may be ^voi to
the President
Mr. RcTLBDGE was much opposed to the plan re-
ported by the Committee. It would throw the
whole power into the Senate. He was also against
a re-eligibility. He mored to postpone the Report
under consideration, and take up the original plan
of appointment by the Legislature, to wit : *' He
shall be elected by joint ballot by the Legislature,
to which election a majority of the votes of the
members present shall be required. He shall hold
his office during tlie term of seven years ; but shall
not be elected a second time."
On this motion to postpone, —
North Carolina, South Carolina, aye — 2 ; Massa-
chusetts, Connecticut, New Jersey, Pennsylvania,
Delaware, Maryland, Vurginia, Georgia, no — 8; New
Hampshire, divided.
Colonel Mason admitted that there were objec-
tions to an appointment by the Legislature, as ori-
ginally planned. He had not yet made up bis mind,
but would state his objections to the mode proposed
by the Committee. First, it puts the appointment,
1787.] FEDERAL CONVENTION. 1499
Senate of the eventual election. He accordingly
moved to strike out the words, ^' if such number be
a majority of that of the Electors."
Mr. Williamson seconded the motion. He could
not agree to the clause without some such modifica-
tion. He preferred making the highest, though not
having a majority of the votes, President, to a refer-
ence of the matter to the Senate. Referring the ap-
pointment to the Senate lays a certain foundation
for corruption and aristocracy.
Mr. GouvBRNEUR Morris thought the point of less
consequence than it was supposed on both sides. It
is probable that a majority of the votes will fall on
the same man ; as each Elector is to give two votes,
more than one-fourth will give a majority. Besides,
as one vote is to be given to a man out of the State,
and as this vote will not be thrown away, half the
votes will fall on characters eminent and generally
known. Again, if the President shall have given
satisfaction, the votes will turn on him of course;
and a majority of them will re-appoint him, without
resort to the Senate. If he should be disliked, all
disliking him would take care to unite their votes,
so as to ensure his being supplanted.
Colonel Mason. Those who think there is no
danger of there not being a majority for the same
person in the first instance, ought to give up the
point to those who think otherwise.
Mr. Sherman reminded the opponents of the new
mode proposed, that if the small States had the ad-
vantage in the Senate's deciding among the five
highest candidates, the large States would have in
fact the nomination of these candidates.
1500 DEBATES IN THE [1787.
On the motion of Colonel Mason, —
Maryland,* North Carolina, aye; the other nine
States, no,
Mr. Wilson moved to strike out "Senate," and
insert the word " Legislature."
Mr. Madison considered it a primary object, to
render an eventual resort to any part of the Legisla-
ture improbable. He was apprehensive that the
proposed alteration would turn the attention of the
large States too much to the appointment of can-
didates, instead of aiming^ at an effectual appoint-
ment of the officer ; as the large States would pre-
dominate in the Legislature, which would have the
final choice out of the candidates. Whereas, if the
Senate, in which the small States predominate,
should have the final choice, the concerted effort of
the large States would be to make the appointment
in the first instance conclusive.
Mr. Randolph. We have, in some revolutions of
thia plan, made a bold stroke for monarchy. We
are now doing the same for an aristocracy. He
dwelt on the tendency of such an influence in the
Senate over the election of the President, in addi-
1787.] FEDERAL CONVENTION. 1501
Pennsylvania, Virginia, South Carolina, aye — 3 ;
Massachusetts, Connecticut, New Jersey, Delaware,
Maryland, North Carolina, Georgia, no — ^7; New
Hampshire, divided.
Mr. Madison and Mr. Williamson moved to strike
out the word " majority," and insert "one-third;" so
that the eventual power might not be exercised if
less than a majority, but not less than one-third, of
the Electors should vote for the same person.
Mr. Gerry objected, that this would put it in the
power of three or four States to put in whom they
pleased.
Mr. Williamson. There are seven States which
do not contain one-third of the people. If the Sen*
ate are to appoint, less than one- sixth of the people
will have the power.
On the question, —
Virginia, North Carolina, aye; the other nine
States, no.
Mr. Gerry suggested, that the eventual election
should be made by six Senators and seven Repre-
sentatives, chosen by joint ballot of both Houses.
Mr. King observed, that the influence of the small
States in the Senate was somewhat balanced by the
influence of the large States in bringing forward the
candidates,* and also by the concurrence of the small
* This explains the eorajmniiise alluded to bj Mr. OouTemeui Monis. CoL
Mason, Mr. Gerry, and other members from lazge States set great Taloe on
thb privilege of originatmg monej bills. Of this the members from the small
States, with some from the large States who wished a high moonted Go?eni»
ment, endeavoured to avail themselves, by making that privilege the price of
arrangements in the Constitution favorable to the small Sutes, and to the el»-
Tation of the Government.
ISOSi DEBATES IN TBG [1787.
States in tbe Committee in the clause vesting the
exclusive origination of money bills In the House of
Representatives.
Col. Mason moved to strike out the word " five,"
and insert the word " three," as the highest candi-
dates for the Senate to choose out oC
Mr. Gbrrt seconded the motion.
Mr. Sherman would sooner give up the plan. He
would prefer seven or thirteen.
On the question moved by Col. Mason and Mr.
Gbrrt,— Virginia, North Carolina, aye; nine States,
no.
Mr. Spaight and Mr. Rutledgb moved to strike
out " five," and insert " thirteen ;" to which all the
States disagreed, except North Carolina and South
Carolina.
Mr. Madison and Mr. Williamson moved to insert,
after " Electors," the words, " who shall have bal-
loted ;" so that the non-voting Blectors, not being
counted, might not increase the number necessary as
a majority of the whole to decide the choice without
the agency of tbe Senate.
On this questioD, — Pennsylvania, Maryland, Vir-
1787.] FBDBRAL CONVBNTION. 1503
Maryland, South Carolina, Georgia, aye — ^9; Vir-
ginia, North Carolina, nor-2.
GoL Mason. As the mode of appointment is now
regulated, he could not forbear expressing his opinion
that it is utterly inadmissible. He would prefer the
Government of Prussia to one which will put all
power into the hands of seven or eight men, and fix
an aristocracy worse than absolute monarchy.
The words, ^' and of their giving their votes," be-
ing inserted, on motion for that purpose, after the
words, ^' The Legislature may determine the time of
choosing and assembling the Electors," —
The House adjourned.
Thursday, Sbptembbr 6th.
Jh Conoention^ — ^Mr. King and Mr. Gerry moved
to insert in the fixuth clause of the Report (see the
4th of Sept, page 1486), after the words, '' may be en-
titled in the Legislature," the words foUowmg : '^ 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, nem. con.
Mr. Gerry proposed, as the President was to be
elected by the Senate out of the five highest candi-
dates, that if he should not at the end of his term
be re-elected by a majority of the Electors, and no
other candidate should have a majority, the eventual
election should be made by the Legislature. This,
he said, would relieve the President from his par-
1504
DEBATES IN THE
[1787.
ticular dependence on the Senate, for his continu-
ance in office.
Mr. King liked the idea, as calculated to satisfy
particular members, and promote unanimity ; and as
likely to operate but seldom.
Mr. Read opposed it ; remarking, that if individual
members were to be indulged, alterations would be
necessary to satisfy most of them.
Mr. Williamson espoused it, as a reasonable pre-
caution against the undue influence of the Senate.
Mi. Sherman liked the arrangement as it stood,
though he should not be averse to some amend-
ments. He thought, he said, that if the Legislature
were to have the eventual appointment, instead of the
Senate, it ought to vote in the case by States, — in
favor of the small States, as the large States would
have so great an advantage in nominating the can-
didates.
Mr. GouvERNEDR MoRRis thought favorably of Mr.
Gerby's proposition. It would firee the President
from being tempted, in naming to offices, to conform
to the will of the Senate, and thereby virtually give
the appointments to office to the Senate.
1787.] FBDBRAL CONVBNTION. 1505
partment. They are to make treaties ; and they are
to try all impeachments. In allowing them thus to
make the Executive and Judiciary appointments, to
be the court of impeachments, and to make treaties
which are to be laws of the land, the Legislative,
Executive and Judiciary powers are all blended in
one branch of the Government. The power of
making treaties involves the case of subsidies, and
here, as an additional evil, foreign influence is to be
dreaded. According to the plan as it now stands,
the President will not be the man of the people, as
he ought to be ; but the minion of the Senate., He
cannot even appoint a tide-waiter without the Sen-
ate. He had always thought the Senate too numer-
ous a body for making appointments to office. The
Senate will, moreover, in all probability, be in con-
stant session. They will have high salaries. And
with all those powers, and the President in their in-
terest, they will depress the other branch of the Le-
gislature, and aggrandize themselves in proportion.
Add to all this, that the Senate, sitting in conclave,
can by holding up to their respective States various
and improbable candidates, contrive so to scatter
their votes, as to bring the appointment of the Presi-
dent ultimately before themselves. Upon the whole,
he thought the new mode of appointing the Presi-
dent, with some amendments, a valuable improve-
ment ; but he could never agree to purchase it at the
price of the ensuing parts of the Report, nor befriend
a system of which they make a part.
Mr. GouvERNEUR Morris expressed his wonder at
the observations of Mr. Wilson, so far as they pre-
ferred the plan in the printed Report, to the new
95
150G DEBATES I,N THB [1787.
modification of it before the House ; and entered into
a comparatiTe view of the two, with an eye to the
nature of Mr. Wilson's objections to the last. By
the first, the Senate, he observed, had a voice in ap-
pointing the President out of all the citizens of the
United States; by this they were limited to five can-
didates, previously nominated to them, with a pro-
bability of being barred altogether by the successful
ballot of the Electors. Here surely was no increase
of power. They are now to appoint Judges, nomi-
nated to them by the President. Before, they bad
the apfwintment without any agency whatever of
the President. Here again was surely do additional
power. If they are to make treaties, as the plan
now stands, tlie power was the same in the printed
plan. If they are to try impeachments, the Judges
must have been triable by them before. Wherein,
then, lay tlie dangerous tendency of the innovations
to establish an aristocracy in the Senate ? As to
the appointment of officers, the weight of sentiment
in the House was opposed to the exercise of it by
the President alone ; though it was not the case with
himself. If the Senate would act as was suspected,
1787.] FEDERAL CONVENTION. 1507
Mr. Clymer said, that the aristocratic part, to
which he could never accede, was that, in the print-
ed plan, which gave the Senate the power of ap-
pointing to offices.
Mr. Hamilton said, that he had been restrained
from entering into the discussions, by his dislike of
the scheme of government in general ; but as he
meant to support the plan to be recommended, as
better than nothing, he wished in this place to offer
a few remarks. He liked the new modification, on
the whole, better than that in the printed Report. In
this, the President was a monster, elected for seven
years, and ineligible afterwards; having great
powers in appointments to office; and continually
tempted, by this constitutional disqualification, to
abuse them in order to subvert the Government.
Although he should be made re-eligible, still, if ap-
pointed by the Legislature, he would be tempted to
make use of corrupt influence to be continued in
office. It seemed peculiarly desirable, therefore, that
some other mode of election should be devised. Con-
sidering the different views of different States, and
the different districts, Northern, Middle, and South-
em, he concurred with those who thought that the
votes would not be concentered, and that the ap-
pointment would consequently, in the present mode,
devolve on the Senate. The nomination to offices
vein give great weight to the President. Here, then,
is a mutual connexion and influence, that will per-
petuate the President, and aggrandize both him and
the Senate. What is to be the remedy 1 He saw
none better than to let the highest number of bal-
lots, whether a majority or not, appoint the
1508 DEBATES IN TBB [1787.
deDt. What was the objection to this? Merely
that too small a number might appoint. But as the
plan stands, the Senate may take the candidate
having the smallest number or votes, and make him
President.
Hr. Spaight and Mr. Williamson moved to insert
"seven," instead of "four" years, for the term of the
President.*
On this motion, —
New Hampshire, Virginia, North Carolina, aye — 3 ;
Massachusetts, Connecticut, New Jersey, Pennsyl-
vania, Delaware, Maryland, South Carolina, Geor-
gia, no — 8.
Mr. Spaight and Mr. Williamson then moved to
insert " six," instead of " four."
On which motion, —
North Carolina, South Carolina, aye — 2; New
Hampshire, Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, €ieor-
gia,no — ^9.
On the term " four," all the States were aye, ex-
cept North Carolina, no.
On the question on the fourth clause in the Re-
1787.] FEDERAL CONVENTION. 1509
It was moved that die Electors meet at the seat
of the Greneral Grovernment; which passed in the
negative, — North Carolina only being, aye.
It was then moved to insert the words, '' under
the seal of the State," after the word '^ transmit,"
in the fourth clause of the Report ; which was dis-
agreed to; as was another motion to insert the
words, '^ and who shall have given their votes," after
the word " appointed," in the fourth clause of the
Report, as added yesterday on motion of Mr. Dick-
inson.
On several motions, the words, " in presence of the
Senate and House of Representatives," were inserted
after the word " counted ;" and the word " immedi-
ately," before the word " choose ;" and the words,
" of the electors," after the word " votes."
Mr. Spaight said, if the election by Electors is to
be crammed down, he would prefer their meeting
altogether, and deciding finally without any refer-
ence to the Senate ; and moved, " that the Electors
meet at the seat of the General Government."
Mr. Williamson seconded the motion ; on which
all the States were in the negative, except North
Carolina.
On motion, the words, " But the election shall be
on the same day throughout the United States,"
were added, after the words, 'transmitting their
votes."
New Hampshire, Connecticut, Pennsylvania, Ma-
ryland, Virginia, North Carolina, South Carolina,
Georgia, aye — 8 ; Massachusetts, New Jersey, Dela-
ware, no — 3.
On the question on the sentence in the fourdi
1510 DEBATES IN THE [1787.
clause, " if such number be a majority of that of
the Electors appointed," —
New Hampshire, Massachusetts, Connecticut, New
Jersey, Delaware, Maryland, South Carolina, Geor-
gia, aye — 8 ; Pennsylvania, Virginia, North Carolina,
no— 3.
On a question on the clause referring the eventual
appointment of the President to the Senate, —
New Hampshire, Massachusetts, Connecticut, New
Jersey, Pennsylvania, Delaware, Virginia, aye — 7 ;
North Carolina, no. Here the call ceased.
Mr. Madison made a motion requiring two-thirds
at least of the Senate to be present at the choice
of a President.
Mr. PiNCKNEY seconded the motion.
Mr. GoRHAM thought it a wrong principle to re-
quire more than a majority in any case. In the
present, it might prevent for a long time any choice
of a President.
On the question moved by Mr. Madison and Mr.
PiNCKNEV, —
New Hampshire, Maryland, Virginia, North Car-
olina. South Carolina. Georgia, ave — 6:
1787.] FEDERAL CONVENTION. 1511
^^ The House of Representatives shall immediately
choose by ballot one of them for President, the
members from each State having one vote."
Col. Mason liked the latter mode best, as lessening
the aristocratic influence of the Senate.
On the motion of Mr. Sherman, —
New Hampshire, Massachusetts, Connecticut, New
Jersey, Pennsylvania, Maryland, Virginia, North Car-
olina, South Carolina, Georgia, aye — 10 ; Delaware,
no — 1.
Mr. GouvERNEUR Morris suggested the idea of
providing that, in all cases, the President in office
should not be one of the five candidates ; but be only
re-eligible in case a majority of the Electors should
vote for him. [This was another expedient for ren-
dering the President independent of the Legislative
body for his continuance in office.]
Mr. Madison remarked, that as a majority of
members would make a quorum in the House of
Representatives, it would follow from the amend-
ment of Mr. Sherman, giving the election to a ma-
jority of States, that the President might be elected
by two States only, Virginia and Pennsylvania,
which have eighteen members, if these States alone
should be present.
On a motion, that tlie eventual election of Presi-
dent, in case of an equality of the votes of the Elect-
ors, be referred to the House of Representatives, —
New Hampshire, Massachusetts, Pennsylvania,
Virginia, North Carolina, South Carolina, Georgia,
aye — 7 ; New Jersey, Delaware, Maryland, no— 3.
Mr. King moved to add to the amendment of Mr.
Sherman, ^' But a quorum for this purpose shall con-
1612 DBBATEB IN THE [1787.
sist of a member or members from two-thirds of the
States, and also of a majority of the wliole number
of the House of Representatives."
Col. Mason liked it, as obviating tlie remark of
Mr. Madisox.
The motion, as far as " States," inclusive, was
agreed to. On the residue, to wit, " and also of a
majority of the whole number of the House of Rep-
resentatives," it passed in the negative, —
Massachusetts, Connecticut, Pennsylvania, Vir-
ginia, Nortii Carolina, aye — 5; New Hampshire,
New Jersey, Delaware, Maryland, South Carolina,
Georgia, no — 6.^
The Report relating to the appointment of the
Executive stands, as amended, as follows:
" He shall hold his office during the term of four
years ; and, together with the Vice President, chosen
for the same term, be elected in the following 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
1787.] FEDERAL CONVENTION. 1513
votes for each ; which list they shall sign and certify^
and transmit sealed to the seat of the General Gov-
ernment, directed to the President of the Senate.
'* The President of the Senate shall, in the pre-
sence 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 bal-
lot 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 Representd.tives shall, in like man-
ner, choose by ballot the President. In the choice
of a President by the House of Representatives, a
quorum shall consist of a member or members from
two-thirds of the States, [* and the concurrence of
a majority of all the States shall be necessary to
such choice.] And in every case after the choice of
the President, the person having the greatest number
of votes of the electors shall be the Vice President
But if there should remain two or more who have
equal votes, the Senate shall choose from them the
Vice President.
'^The Legislature may determine the time of
choosing the electors, and of their giving their votes;
* This claufie was not inserted on this day, but on the seventh of September.
See Page 1516.
95*
1514 DEBATES IN THE £1787.
and tbe manner of certifying and transmitting tlieir
votes; but the election shall be on the same day
throughout the United States."
Adjourned.
Friday, September 7th.
In Convention, — The mode of constituting the Ex-
ecutive being resumed, —
Mr. Randolph moved to insert, in the first section
of the Repwrt made yesterday, the following :
" The Legislature may declare by law what officer
of the United States shall act as President, in case
of tbe death, resignation or disability of the Presi-
dent and Vice President ; and such officer shall act
accordingly, until tlie time of electing a President
shall arrive."
Mr. Madison observed that this, as worded, would
prevent a supply of the vacancy by an intermediate
election of the President, and moved to substitute,
" until such disability be removed, or a President
shall be elected."*
Mr. GoDTERKEuR MoRRiB scconded the motion:
1787.] FEDERAL CONVENTION. 1515
On the motion of Mr. Randolph, as amended, it
passed in the afiinnatiye, —
New Jersey, Pennsylvania, Maryland, Virginia,
South Carolina, Georgia, aye — 6; Massachusetts,
Connecticut, Delaware, North Carolina, no — 4 ; New
Hampshire divided.
Mr. Gerry moved, " that in the election of Presi-
dent by the House of Representatives, no State shall
vote by less than three members ; and where that
number may not be allotted to a State, it shall be
made up by its Senators; and a concurrence of a
majority of all the States shall be necessary to make
such choice." Without some such provision, five in-
dividuals might possibly be competent to an election,
these being a majority of two-thirds of the existing
number of States ; and two-thirds being a quorum
for this business.
Mr. Madison seconded the motion.
Mr. Read observed, that the States having but
one member only in the House of Representatives
would be in danger of having no vote at all in the
election : the sickness or absence either of the Rep-
resentative, or one of the Senators, would have that
effect.
Mr. Madison replied, that if one member of the
House of Representatives should be left capable of
voting for the State, the States having one Repre-
sentative only would still be subject to that danger.
He thought it an evil, that so small a number, at any
rate, should be authorized to elect. Corruption
would be greatly facilitated by it. The mode itself
was liable to this farther weighty objection, that the
representatives of a minarity of the people might
1616 DEBATES IN THB [l*^^*
rererse the choice of a majority of the States and of
the people. He wished some cure for this incon-
venience might yet be provided.
Mr. Gbrrt wiUidrew the first part of his motion;
and on the question on the second part, viz : " and
a concurrence of a majority of all the States shall
be necessary to make such choice," to follow the
words, " a member or members from two-thirds of
the States," it was agreed to, nem. con^
The second Section (seethe4tbof Sept.,pagel487,)
requiring that the President should be a natural bom
citizen, &c., and have been resident for fourteen
years, and be thirty-five years of age, was agreed to,
nem. con.
The third Section, " The Vice-President shall be
ex-offiao President of the Senate," being then con-
sidered,
Mr. Gerry opposed this regulation. We might
as well put the President himself at the head of the
the Legislature. The close intimacy that must sub-
sist between the President and Vice-President makes
it absolutely improper. He was against having any
Vice-President.
r
1787.] FEDERAL CONVENTION. 1517
might happen in the Senate, which would be but
seldom.
Mr. Randolph concurred in the opposition to the
clause.
Mr. Williamson observed, that such an officer as
Vice-President was not wanted. He was introduced
merely for the sake of a valuable mode of election,
which required two to be chosen at the same time.
Colonel Mason thought the office of Vice-Presi-
dent an encroachment on the rights of the Senate;
and that it mixed too much the Legislative and
tlie Executive, which, as well as the Judiciary
department, ought to be kept as separate as
possible. He took occasion to express his dislike
of any reference whatever, of the power to make
appointments, to either branch of the Legisla-
ture. On the other hand, he was averse to vest so
dangerous a power in tlie President alone. As a
method for avoiding both, he suggested that a Privy
Council, of six members, to the President, should be
established; to be cliosen for six years by the Sen-
ate, two out of the Eastern, two out of the Middle,
and two out of the Southern quarters of the Union;
and to go out in rotation, two every second year;
the concurrence of the Senate to be required only in
the appointment of ambassadors, and in making
treaties, which are more of a legislative nature.
This would prevent the constant sitting of the Sen-
ate, which he thought dangerous; as well as keep
the departments separate and distinct. It would
also save the expense of constant sessions of the
Senate. He had, he said, always considered the
Senate as too unwieldy and expensive for appointing
1518 DEBATES IN THE [1787.
officers, especially the smallest, such as tide-waiters,
&c., He had not reduced his idea to writing, but
it could be easily done, if it should be found ac-
ceptable.
On the question, shall the Vice-President be ex
officio President of the Senate 1 —
New Hampsliire, Massachusetts, Connecticut, Penn-
sylvania, Delaware, Virginia, South Carolina, Geor-
gia, aye — 8; New Jersey, Maryland, no — ^2; North
Carolina, absent.
The other parts of the same Section were then
agreed to.
The fourth section, to wit: "The President, by
and witli the advice and consent of the Senate, shall
have power to make treaties," &c., was then taken
up.
Mr. Wilson moved to add, ailer the word " Sen-
ate," the words, "and House of Representatives."
As treaties, he said, are to have the operation of
laws, they ought to have tlie sanction of laws also.
The circumstance of secrecy in the business of trea-
ties formed tlie only objection ; but this, he thought,
sa far as it was Jncunsisteiit with obtaining
1787.] FEDERAL CONVENTION. 1519
Pennsylvania, aye — 1 ; New Hampshire, Massachu-
setts, Connecticut, New Jersey, Delaware, Maryland,
Virginia, North Carolina, South Carolina, Greorgiai
no— 10.
The first sentence, as to making treaties, was then
agreed to, nem. con.
On the clause, '' He shall nominate, &c. — appoint
ambassadors," <fec., —
Mr. Wilson objected to the mode of appointing,
as blending a branch of the Legislature with the
Executive. Grood laws are of no effect, without a
good Executive ; and there can be no good Execu-
tive, without a responsible appointment of officers
to execute. Responsibility is in a manner destroyed
by such an agency of the Senate. He would prefer
the Council proposed by Colonel Mason; provided
its advice should not be made obligatory on the
President.
Mr. PiNCKNEY was against joining the Senate in
these appointments, except in the instances of am-
bassadors, who he thought ought not to be appointed
by the President.
Mr. GouvERNEUR Morris said, that as the Presi*
dent was to nominate, there would be responsibility ;
and as the Senate was to concur, there would be
security. As Congress now make appointments,
there is no responsibility.
Mr. Gerry. The idea of responsibility in the
nomination to offices is chimerical. The President
cannot know all characters, and can therefore
always plead ignorance.
Mr. King. As the idea of a Council, proposed by
Col. Mason, has been supported by Mr. Wilson, he
1520
DEBATES IN THE
[1787.
woold remark, that most of the inconremences
charged on the Senate are incident to a Council of
advice. He differed from those who thought the
Senate would sit constantly. He did not suppose it
was meant that all the minute officers were to be
appointed by the Senate, or any other original
source, but by the higher officers of the departments
to which they belong. He was of opinion, also, that
the people would be alarmed at an unnecessary cre-
ation of new corps, which must increase the expense
as well as influence of the Government.
On the question on these words in the clause, viz.
" He shall nominate, and, by and with the advioe
and consent of the Senate, shall appoint, ambassa-
dors, and other public ministers and consuls, and
Judges of the Supreme Court," it was agreed to,
nem. con., the insertion of " and consuls" having first
taketi place.
On the question on the following words : " and all
other officers of the United States," —
New Hampshire, Massachusetts, Connecticut, New
Jersey, Delaware, Maryland, Virginia, North Caro-
lina, Georgia, aye — 9; Pennsylvania, South Caro-
1787.] PBDBRAL CONYBNTION. 1521
enty^ — ^being considered, and the last clause being
before the House, —
Mr. Wilson thought it objectionable to require the
concurrence of two-thirds, which puts it into the
power of a minority to control the will of a majority.
Mr. King concurred in the objection ; remarkmg
that as the Executive was here joined in the busi-
ness, there was a check which did not exist in Con-
gress, where the concurrence of two-thirds was re-
quired.
Mr. Madison moved to insert, after the word
" treaty," the words " except treaties of peace ;" al-
lowing these to be made with less difficulty than
other treaties. It was agreed to, nem. con.
Mr. Madison then moved to authorize a concur-
rence of two-thirds of the Senate to make treaties
of peace, without the concurrence of the President.
The President, he said, would necessarily derive so
much power and importance from a state of war,
that he might be tempted, if authorized, to impede
a treaty of peace.
Mr. Butler seconded the motion.
Mr. GrORHAM thought the security unnecessary, as
the means of carrying on the war would not be in
the hands of the President, but of the Legislature.
Mr. GouvERNEUR Morris thought the power of the
President in this case harmless ; and that no peace
ought to be made without the concurrence of the
President, who was the general guardian of the na-
tional interests.
Mr. Butler was strenuous for the motion, as a
necessary security against ambitious and corrupt
Presidents. He mentioned the late perfidious policy
96
1522
DEBATES IN THE
[1787.
of the Stadtholder in Holland ; and the artifices of
the Duke of Marlborough to prolong the war of
which he had the management
Mr. Gerry waa of opinion that in treaties of
peace a greater rather than a less proportion of
votes was necessary, than in other treaties. In
treaties of peace the dearest interests will be at
stake, as the fisheries, territories, &c. In treaties
of peace also, there is more danger to the extrem-
ities of the continent, of being sacrificed, than on
any other occasion.
Mr. WiLLUMsoN thought that treaties of peace
should be guarded at least by requiring the same
concurrence as in other treaties.
On the motion of Mr. Madison and Mr. Botler, —
Maryland, South Carolina, Georgia, aye — 3 ; New
Hamp^ire, Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Virginia, North Carolina,
no— 8.
On the part of the clause concerning treaties,
amended by the exception aa to treaties of peace,—
New Hampshire, Massachusetts, Connecticut, Dela-
ware, Maryland, Virginia, North Carolina, South
1787.] FEDERAL CONVENTION. 1523
the President, yve were about to try an experiment
on which the most despotic government had never
ventured. The Grand Seignior himself had his
Divan. He moved to postpone the consideration of
the clause in order to take up the following :
'^ That it be an instruction to the Committee of
the States to prepare a clause or clauses for estab-
lishing an Executive Council, as 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 those
of the Senate ; such Council to be appointed by the
Legislature or by the Senate."
Doctor Franklin seconded the motion. • We
seemed, he said, too much to fear cabals in appoint-
ments by a number, and to have too much confi-
dence in those of single persons. Experience shew-
ed that caprice, the intrigues of favorites and mis-
tresses, were nevertheless the means most prevalent
in monarchies. Among instances of abuse in such
modes of appointment, he mentioned the many bad
Governors appointed in Great Britain for the Colo-
nies. He thought a Council would not only be a
check on a bad President, but be a relief to a good
one.
Mr. GouvERNEUR Morris. The question of a Coun-
cil was considered in the Committee, where it was
judged that the President, by persuading his Council
to concur in his wrong measures, would acquire their
protection for them.
Mr. Wilson approved of a Council, in preference
to making the Senate a party to appointments.
1
168t DBBATB8 IN TBI [1787.
Mr. Dickinson was for a CkniQcil. It would "be a
singular thing, if the measures of the Executive were
not to undeigo some pievbus discussion before the
President
Mr. Madison was in favor of the instruction to the
Committee proposed by Col. Mason.
The motion of Col. Mason was negaUved, —
Maryland, South Carolina, Georgia, aye — 3 ; New
Hampsiiire, Massachusetts, Connecticut, New Jersey,
Pennsylvania, Delaware, Virginia, North Carolina,
no— 8.
On the question for authorizing the President to
call for the opinions of the Heads of Departments,
in writing, it passed in the affirmative. New Hamp-
shire only being, no.*
The clause was then unanimously agreed to.
Mr. Williamson and Mr. Spaiqht moved, " that no
treaty of peace affecting territorial rights should be
made without the concurrence of two-thirds of the
members of the Senate pres^it"
Mr. KiNQ. It will be necessary to look out for
securities for some o^er rights, if this principle be
established ; he moved to extend the motion to " all
1787.] FBDBRAL CONVENTION. 1525
Mr. King moved to strike oat the exception of
treaties of peace, from the general clause requiring
two-thirds of the Senate for making treaties.
Mr. Wilson wished the requisition of two-thirds
to be struck out altogether. If the majority cannot
be trusted, it was a proof, as observed by Mr. Gor-
HAM, that we were not fit for one society.
A reconsideration of the whole clause was agreed
to.
Mr. GouvERNEUR Morris was against striking out
the exception of treaties of peace. If two-thirds of
the Senate should be required for peace, the Legis-
lature will be unwilling to make war for that reason,
on account of the fisheries, or the Mississippi, the two
great objects of the Union. Besides, if a majority
of the Senate be for peace, and are not allowed to
make it, they will be apt to effect their purpose in
the more disagreeable mode of negativing the sup<
plies for the war.
Mr. Williamson remarked, that treaties are to be
made in the branch of the Government where there
may be a majority of the States, without a majority
of the people. Eight men may be a majority of a
quorum, and should not have the power to decide
the conditions of peace. There would be no danger,
that the exposed States, as South Carolina or (Geor-
gia, would urge an improper war for the Western
territory.
Mr. Wilson. If two-thirds are necessary to make
peace, the minority may perpetuate war, against the
sense of the majority.
Mr. Gerry enlarged on the danger of putting the
essential rights of the Union in the hands of so small
1^6' DEBATES IN THE L^''^'
a number as a majority of the Senate, representing
jMrbaps, not oue-fiflh of the people. The Senate
wilt be corrupted by foreign iuSuence.
Mr. Sherman was against leaving the rights
established by the treaty of peace, to the Senate;
and moved to annex a proTiso, that no such rights
should be ceded without the sanction of the Legis-
lature.
Mr. GoDTERNECR MoRRis Seconded t^e ideas of
Mr. Sherman.
Mr. Madison observed that it had been too easy,
io the present Congress, to make treaties, although
nine States were required for the purpose.
On the question for striking out, " except treatiies
of peace," —
New Hampshire, Massachusetts, Connecticut,
Pennsylvania, Virginia, North Carolina, South Car-
olina, Georgia, aye — 8; New Jersey, Delaware,
Maryland, no — 3.
Mr. Wilson and Mr. Datton moved to strike out
the clause, reqmring two-thirds of the Senate, for
making treaties ; on which, Delaware, aye — 1 ; New
Hanipsliire, Massachusetts, New Jersey, Pennsyl-
1787.] FBDSRAL CONVENTION. 1527
North Carolina, South Carolina, Georgia, aye — 3 ;
New Hampshire, Massachusetts, (Mr. Gerrt, aye,)
Connecticut, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, no— 8.
Mr. Sherman moved that ^'no treaty shall be
made without a majority of the whole number of the
Senate."
Mr. Gerry seconded him.
Mr. Williamson. This will be less security than
two-thirds, as now required.
Mr. Sherman. It will be less embarrassing.
On the question, it passed in the negative, —
Massachusetts, Connecticut, Delaware, South Car-
olina, Georgia, aye — 5 ; New Hampshire, New Jer-
sey, Pennsylvania, Maryland, Virginia, North Caro-
lina, no— 6.
Mr. Madison moved that a quorum of the Senate
consist of two-thirds of all the members.
Mr. GrouvERNEUR MoRRis. This will put it in the
power of one man to break up a quorum.
Mr. Madison. This may happen to any quorum.
On the question, it passed in the negative, —
Maryland, Virgmia, North Carolina, South Caro-
lina, Georgia, aye — 5 ; New Hampshire, Massachu-
setts, Connecticut, New Jersey, Pennsylvania, Del-
aware, no — 6.*"
Mr. Williamson and Mr. Gerry, moved " that no
treaty should be made without previous notice to
the members, and a reasonable time for their attend-
ing."
On the question, — all the States, no ; except North
Carolina, South Carolina, and Georgia, aye.
On a question on the clause of the Report of the
1S28 DBBATBS IN THf [1787.
Committee of eleven, relating to treaties by two-
thirds of the Senate — all the States were, aye ; ex-
cept PeDnsylvania, New Jersey, and Geoi|;ia, no."*
Mr. Gerrt moved, that " do officer shall be i^
pointed but to offices created by the Coostitution or
by law." This was rejected as unDecessary, —
Massachusetts, CoDoecticut, New Jersey, North
Carolina, Georgia, aye — 5 ; New Hampshire, Penn-
sylvania, Delaware, Maryland, Virginia, South Caro-
lina, no — 6.
The clause referring to the Senate the trial of im-
peachments against the President, for treason and
bribery, was taken up.
Colonel Mason. Why is the provision restrained
to treason and bribery only 1 Treason, as defined
in the Constitution, will not reach many great and
dangerous offences. Hastings is not guilty of trea-
son. Attempts to subvert the Constitution may not
be treason, as above defined. As bills of attainder,
which have saved the British constitutwn, are fi>i^
bidden, it is the more necessary to extend the power
of impeachments. He moved to add, afler "bribery,"
" or maladministration." Mr. Gerry seconded hhn.
I7B7.] FEDSRAL CONVBMTION. 1529
ryland, Virginia, -North Carolina, South Carolina,*
Georgia, aye— 8; New Jersey, Pennsylvania, Dela-
ware, no — 3.
Mr. Madison objected to a trial of the President
by the Senate, especially as he was to be impeached
by the other branch of the Legislature ; and for any
act which might be called a misdemeanour. The
President under these circumstances was made im-
properly dependent. He would prefer the Supreme
Court for the trial of impeachments ; or, rather, a
tribunal of which that should form a part.
Mr. GouvERNEUR Morris thought no other tribu-
nal than the Senate could be trusted. The Supreme
Court were too few in number, and might be warped
or corrupted. He was against a dependence of liie
Executive on the Legislature, considering the Le-
gislative tyranny the great danger to be appre-
hended ; but there could be no danger that the Sen-
ate would say untruly, on their oaths, that the Pres-
ident was guilty of crimes or facts, especially as in
fimr years he can be turned out
Mr. PiNCKNET disapproved of making the Senate
liie court of impeachments, as rendering the Presi-
dent too dependent on the Legislature. If he op-
poses a favorite law, the two Houses will combine
against him, and under the influence of heat and
faction throw him out of office.
Mr. WiLLUMsoN thought there was more danger
of too much lenity, than of too much rigor, towards
the President, considering the number of cases in
which the Senate was associated with the President
* In the prinud Jmuiial, South Otratmi, bo.
96*
1630 DEBATES IN TBB [1787.
Mr. Sherman regarded the Supreme Court as im-
proper to try the President, because the Judges
Would be appointed by him.
On motion by Mr. Madison, to strike oat the words,
" by the Senate," after the word " conviction," —
Pennsylvania, Virginia, aye — 2 ; New Hampshire,
Massachusetts, Connecticut, New Jersey, Delaware,
Maryland, North Carolina, South Carolina, Georgia,
no— 9.
In the amendment of Col. Mason just agreed to,
the word "State," after the words, "misdemeanours
against," was struck out; and the words, "United
States," unanimously inserted, in order to remove
ambiguity.
On the question to agree to the clause, as amend-
ed,— New Hampshire, Massadiusetts, Connecticut,
New Jersey, Delaware, Maryland, Virginia, North
Carolina, South Carolina, Georgia, aye — 10 ; Penn-
sylvania, no — 1.
On motion, the following : " The Vice President,
and other civil officers of the United States, shall be
removed from office on impeachment and convicUon,
as aforesaid," was added to the clause on the subject
1787.] FEDERAL CONVEIITION. 1631
Senate ;" and insert the words used in the Consti-
tution of Massachusetts on the same subject, viz :
^' but the Senate may propose or concur with amend-
ments, as in other bills ;" which was agreed to, nem.
con.
On the question on the first part of the clause^
'' all bills for raising revenue shall originate in the
House of Representatives,"* —
New Hampshire, Massachusetts, Connecticut, New
Jersey, Pennsylvania, Virginia, North Carolina, South
Carolina, Georgia, aye — 9 ; Delaware, Maryland,
Mr. GouvERNBUR Morris moved to add to the
third clause of the Report made on the fourth of
September, the words, " and every member shall be
on oath;" which being agreed to, and a question
taken on the clause, so amended, viz : '^ The Senate
of the United States shall have power to try all
impeachments; but no person shall be convict-
ed without the concurrence of two-thirds of the
members present; and every member shall be on
oath,"—
New Hampshire, Massachusetts, Connecticut, New
Jersey, Delaware, Maryland, North Carolina, South
Carolina, Georgia^ aye — ^9; Pennsylvania, Virginia,
Mr. Gerrt repeated his motion above made, on
this day, in the form following : '^ The Legislature shall
have the sole right of establishing offices not here-
tofore provided for ;" which was again negatived, —
* Thi* was « conciliitorj Tote, tba effect of the compromiie foimarlT eUaded
to. See note, page 1601.
1632 DRBATB8 IN THX [1787.
HasuchiuettB, Connecticut and CSeoi^a, tmly, being
aye.
Mr. McHbnbt obserred, that the President had
not yet been any where authorized to convene the
Senate, and moved to amend Article 10, Section 2,
by striking out the words, " He may convene them
[the Legislature] on extraordinary occasions ;" and
inserting, " He may convene both, or either of the
Houses, on extraordinary occasions." This he added
would also provide for the case of the Senate being
in session, at the time of convening the Legislature.
Mr. Wilson said, he should vote against the mo-
tion, because it implied that the Senate might be in
sesssion when the Legislature was not, which he
thought improper.
On the question,— New Hampshire, Connecticut,
New Jersey, Delaware, Maryland, North Carolina,
Georgia, aye — 7 ; Massachusetts, Peniuylvania, Vir*
ginia, South Carolina, no— 4.
A conunittee was then appointed by ballot, to
revise the style of, and arrange, the articles which
had been agreed to by the House. The Committee
consisted of Mr. Johnson, Mr. Hamilton, Mi. CSoov-
1787.] FBDBRAL CONTBNTION. 1533
himself a friend to a Tigorous gdvernment, but would
declare, at the same time, he held it essential that
the popular branch of it should be on- a broad foun-
dation. He was seriously of opinion, that the House
of Representatives was on so narrow a scale, as to
be really dangerous, and to warrant a jealousy in
the people, for their liberties. He remarked, that
the connection between the President and Senate
would tend to perpetuate him, by corrupt influence.
It was the more necessary on this account that a
numerous representation in the other branch of the
Legislature should be established.
On the motion of Mr. Williamson to reconsider,
it was negatived,* —
Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, aye— 5; New Hampshire, Massa-
chusetts, Connecticut, New Jersey, South Carolina,
Greorgia, no— 6.
Adjourned.
Monday September 10th.
In Conoentum^ — ^Mr. Gerry moved to reconsider
Article 19, viz : '^ On the application of the Legisla-
tures 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," (see the sixth of August^ — page 1241.)
This Constitution, he said, is to be paramount to
* This motion and TOte are entered on the printed Joomal of the enniing
BBflnunf.
1S34 DEBATES IN THE [1787.
the state Constitutions. It follows, hence, from this
article, that two-thirds of the States may obtain a
Convention, a majority of which can bind the Union
to innovations that may subvert the State Constitu-
tions alt(^etber. He asked whether this was a sit-
uation proper to be run into.
Mr. Hamilton seconded the motion ; but, he said,
with a different view from Mr. Gerry. He did not
object to the consequences stated by Mr. Gerry.
There was no greater evil in subjecting the people
of the United States to the major voice, than the
people of a particular State. It bad been wished by
many, and was much to have been desired, that an
easier mode of introducing amendments had been
provided by tlie Articles of the Confederatbn. It
was equally desirable now, that an easy mode should
be established for supplying defects which will prob-
ably appear in the new system. The mode proposed
was not adequate. The State Legislatures will not
apply for alterations ; but with a view to increase
their own powers. The National Legislature will
be the first to perceive, and will be most sensible to,
the necessity of amendments ; and ought also to be
1787.1 FEDERAL CONTENTION. 1535
Massachusetts, Connecticut, Pennsylvania, Dela-
ware, Maryland, Virginia, North Carolina, South
Carolina, Georgia, aye — ^9; New Jersey, no — 1;
New Hampshire, divided.
Mr. Sherman moved to add to the article : " or the
Legislature may propose amendments to the several
States for their approbation ; but no amendments shall
be binding until consented to by the several States."
Mr. Gerry seconded the motion.
Mr. Wilson moved to insert, " two-thirds of," be-
fore the words, " several States ;" on which amend-
ment to the motion of Mr. Sherman, —
New Hampshire, Pennsylvania, Delaware, Mary-
land, Virginia, aye — 5 ; Massachusetts, Connecticut,
New Jersey, North Carolina, South Carolina, Geor-
gia, no — 6.
Mr. Wilson then moved to insert, '^ three-fourths
of," before '' the several States ;" which was agreed
to, nem, can.
Mr. Madison moved to postpone the consideration
of the amended proposition, in order to take up the
following :
" The Legislature of the United States, whenever
two-thirds of both houses shall deem necessary, or
on the application of two-thirds of the 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 Legis-
latures of the several States, or by conventions in
three-fourths thereof, as one or the other mode of
ratification may be proposed by the Legislature of
the United States."
1536 DBBATB8 IN TBB [1787.
Mr. Hamilton seconded the motion.
Mr. RuTLEDGE said he never could agree to give a
power by which the articles relating to slaves might
be altered by the States not interested in that pro-
perty, and prejudiced against it. In order to obviate
this objection, these words were added to the propo-
sition :* " provided that no amendments, which may
be made prior to the year 1808 shall in any manner
affect the fourth and fifth sections of the seventh
article." The postponement being agreed to, —
On the question on the proposition of Mr. Madison
and Mr. Hamilton, as amended, —
Massachusetts, Connecticut, New Jersey, Pennsyl-
vania, Maryland, Virginia, North Carolina, South
Carolina, Georgia, aye — ^9 ; Delaware, no — 1 ; — New
Hampshire, divided.^
Mr. Gerrt moved to reconsider Articles 21 and
22; from the latter of which " for the approbation of
Congress," bad been struck out. He objected to
proceeding to change the Government without the
approbation of Congress, as being improper, and
giving just umbrage to that body. He repeated his
objections, also, to an annulment of the confedera-
1787.] FEDERAL CONVENTION. 1537
istmg one. He would propose, as a better modifi-
cation of the two Articles (21 and 22) that the plan
should be sent to Congress, in order that the same,
if approved by them, may be communicated to the
State Legislatures, .to the end that they may refer it
to State conventions; each Legislature declaring,
that, if the convention of the State should think the
plan ought to take effect among nine ratifying States,
the same should take effect accordingly.
Mr. GoRHAM. Some States will say that nine
States shall be sufficient to establish the plan ; othe^
will require unanimity for the purpose, and the dif-
ferent and conditional ratifications will defeat the
plan altogether.
Mr. Hamilton. No convention convinced of the
necessity of the plan will refuse to give it effect, on
the adoption by nine States. He thought this mode
less exceptionable than the one proposed in the arti-
cle : while it would attain the same end.
Mr. FiTZsiMONs remarked, that the words, " for
their approbation," had been struck out in order to
save Congress from the necessity of an act inconsis-
tent with the Articles of Confederation under which
they held their authority.
Mr. Randolph declared, if no change should be
made in this part of the plan, he should be obliged
to dissent from the whole of it. He had from the
beginning, he said, been convinced that radical
changes in the system of the Union were necessary.
Under this conviction he had brought forward a set
of republican propositions, as the basis and outline
of a reform. These republican propositions had,
however, much to his regret, been widely, and, in his
97
1538
DEBATES IN THE
[1787.
opinion, irreconcileably, departed Grom. In this state
of things, it was his idea, and he accordingly meant
to propose, that the State conventions should be at
liberty to offer amendments to the plan ; and that
these should be submitted to a second General Con-
vention, with full power to settle the Constitution
finally. He did not expect to succeed in this pro-
position, but the discharge of bis duty in making the
attempt would give quiet to his own mind.
Mr. Wilson was against a reconsideration for any
of the purposes which had been mentioned.
Mr. King thought it would be more respectful to
Congress, lo submit the plan generally to them ; Uian
in such a form as expressly and necessarily to re-
quire their approbation or disapprobation. The
assent of nine States be considered as sufficient ; and
that it was more proper to make this a part of the
Constitution itself, than to provide for it by a supple-
mental or distinct recommendation.
Mr. Gerry urged the indecency and pernicious
tendency of dissolving, in so slight a manner, the
solemn obligations of the Articles of Confederation.
If nine out of tliirteep can dissolve the
1787.] FEDERAL CONVENTION. 1539
On the question for reconsideriog the two articles,
21 and 22,—
Connecticut, New Jersey, Delaware, Maryland,
Virginia, Njorth Carolina, Georgia, aye — 7; Massa-
chusetts, Pennsylvania, South Carolina, no — 3 ; New
Hampshire, divided.
Mr. Hamilton then moved to postpone Article 21,
in order to take up the following, containing the
ideas he had above express^, viz :
'^ Resolved, that the foregoing plan of a Constitu-
tion be transmitted to the United States in Congress
assembled, in order that if die same shall be agreed
to by them, it may be communicated to the Legisla*
tures of the several States, to the end that they may
provide for its final ratification, by referring the same
to the consideration of a Convention of Deputies in
each State, to be chosen by the people thereof; and
that it be recommended to the said Legislatures, in
their respective acts for organizing such Conven-
tion, to declare, that if the said Convention shall
approve of the said Constitution, such approba-
tion shall be binding and conclusive upon the State ;
and further, that if the said Convention shall be
of opinioii that the same, upon the assent of any
nine States thereto, ought to take effect between the
States so assenting, such opinion shall thereupon be
also binding upon such a Sta|^ and the said Consti-
tution shall take effect betweep the States assenting
thereto."
Mr. Gerry seconded the motion.
Mr. Wilson. This motion being seconded, it is
necessary now to speak freely. He expressed in
strong terms his disapprobation of the expedient
1540 DEBATES IN THE [1787.
proposed, particularly the suspending the plan of the
Convention, on the approbation of Congress. He
declared it to be worse than folly, to rely on the
concurrence of the Rhode Island members of Con-
gress in the plan. Maryland had voted, on this floor,
for requiring the unanimous assent of the thirteen
States to the proposed change in the Federal sys-
tem. New, York has not been represented for a
long time past in the Convention. Many individual
deputies from other States, have spoken much against
the plan. Under these circumstances, can it be safe
to make the assent of Congress necessary ? After
spending four or five months in the laborions and
arduous task of forming a Government for our
country, we are ourselves, at the close, throwing in-
superable obstacles in the way of its success.
Mr. Cltmer thought that the mode proposed by- Mr.
Hamilton would fetter and embarrass Congress as
much as ^e original one, since it equally involved
a breach of the Articles of Confederation.
Mr. Kmo concurred with Mr. Cltmer. If Con-
gress can accede to one mode, they can to the other.
1787.] FEDERAL CONVENTION. 1541
Connecticut, aye — 1 ; New Hampshire, Massachu-
setts, New Jersey, Pennsylvania, Delaware, Mary-
land, Virginia, North Carolina, South CaJrolina,
Greorgia, no — 10.
A question being then taken on the Article 21, it
was agreed to unanimously.
Colonel Hamilton withdrew the remainder of the
motion to postpone Article 22 ; observing that his
purpose was defeated by the vote just given.
Mr. Williamson and Mr. Gerry moved to rein-
state the words, '' for the approbation of Congress,"
in Article 22 ; which was disagreed to, mm. con^
Mr. Randolph took this opportunity to state his
objections to the system. They turned on the Sen«
ate's being made the court of impeachment for try-
ing the Executive — on the necessity of three-fourths
instead of two-thirds of each House to overrule the
negative of the President— ^n the smallness of the
number of the Representative branch — on the want
of limitation to a standing army — on the general
clause concerning necessary and proper laws — on
the want of some particular restraint on navigation
acts — on the power to lay duties on exports— on the
authority of the General Legislature to interpose on
the application of the Executives of the States — on
the want of a more definite boundary between the
General and State Legislatures — and between the
General and State Judiciaries — on the unqualified
power of the President to pardon treasons — on the
want of some limit to the power of the Legislature
in regulating their own compensations. With these
difficulties in his mind, what course, he asked, was
he to pursue ? Was he to promote the establish-
1642 DEBATES IN THE [1787.
ment of a plan, which he verily believed would eod
io tyranny? He was unwilling, he said, to impede
the wishes and judgment of the Ck>nvention, but he
must keep himself free, in case he should be honored
with a seat in the Convention of his State, to act
according to the dictates of bis judgment. The only
mode in which his embarrassment could be removed
was that of submitting the plan to Congress, to go
from them to the State Legislatures, and from these
to State Conventions, having power to adopt, reject,
or amend ; the process to close with another General
Convention, with Ml power to adopt or reject the
alterations proposed by the State Conventions, and
to establish finally the Government. He according*
ly proposed a resolution to this effect.**
Doctor Franklin seconded the motion.
Colonel Mason urged, and obtained that the mo-
tion should lie on the table for a day or two, to see
what steps might be taken with regard to the parts
of the system objected to by Mr. Randolph.
Mr. PinckNet moved, " that it be an instruction to
the Committee for revising the style and arrange-
ment of the articles agreed on, to prepare an address
1787.] FEDERAL CONVENTION. 1543
Tuesday, September 11th.
In Canventiarij— The Report of tBe Committee of
style and arrangement not being made, and being
waited for,
The House adjourned.
Wednesday, September 12th.
In ConverUiany — ^Doct. Johnson, from the Commit-
tee of style, &c., reported a digest of the plan, of
which printed copies were ordered to be furnished
to the members. He also reported a letter to ac-
company the plan to Congress.
REPQRT*
We the people of the United States, in order to
form a more perfect union, to establish justice, insure
domestic tranquillity, provide for the common de-
fence, promote the general welfare, and secure the
blessings of liberty to ourselves and our posterity, do
ordain an establish this Constitution for the United
States of America :
Article I.
Sect. I. All Legislative powers herein granted
shall be vested in a Congress of the United States,
* This if a literal copy of the jmntod Report. The copy in the pfinted
Jounult containf loiiie of the elteimtione rabeequenUj made in the Houie.
1644 DBBATBS IN THE [ITS?.
which shall consist of a Senate and House of Repre-
sentatives.
Sect. 9. The House of Representatives shall be
composed of memben chosen every second year, by
the people of the several States, and the electors
in each State shall have the qualifications requisite
for electors of the most numerous branch of the State
Legislature.
No person shall be a Representative who shall not
have attained to the age of twenty-live 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 appor-
tioned among the several States which may be in-
cluded within this Union, according to their respec-
tive numbers, which shall be determined by adding
to the whole number of free persons, including those
bound to servitude for a term of years, and exclu-
ding Indians not taxed, three-fifths of all other per-
sons. Tlie actual enumeration shall be made within
three years after the first meeting of the Congress
of the United States, and within every subsequent
1787.] FEDBRAL CONVENTION. 1545
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 tlieir
Speaker and other officers ; and they shall have the
sole power of .impeachment
Sect. 3. The Senate of the United States shall be
composed of two Senators from each State, chosen
by the Legislature thereof, for six years; and each
Senator shall have one vote.
Immediately after they shall be assembled in con-
sequence of the first election, they shall be divided
[by lot*], as equally as may be, into three classes.
The seats of the Senators of the first class shall be
vacated at the expiration of the second year, of the
second class at the expiration of the fourth year, and
of the third class at the expiration of the sixth year ;
so that one-third may be chosen every second year ;
and if vacancies happen by resignation, or other-
wise, during the recess of the Legislature of any
State, the Executive thereof may make temporary
appointments, until the next meeting of the Legisla-
ture.
No person shall be a Senator who shall not have
attained to the age of thirty years, and been nine
years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that State for
which he shall be chosen.
• The words, " by lot," were not in the Report as printed ; but were in-
serted in mtnuscript as a typographical error, departing from the text of the
Report referred to the Committee of style and arraugemenU^SS
97*
1646 DEBATES in THE [17B7.
The Vice President of the United States shall be
President of the Senate, but shall have no vote, un<
less they be equally divided.
The Senate shijl choose their other officers, and
also a President pro tempore, in the absence of the
Vice President, or when he shall exercise the office
of President of the United States.
The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they
shall be on oath. When the President of the United
States is tried, the Chief Justice shall preside ; and
no person shall be convicted without the concurrence
of two-thirds of the members present.
Judgment in cases of impeachment shall not ex-
tend further than to removal from office, and dis-
qualification to hold and enjoy any office of honor,
trust or profit under the United States : but the party
convicted shall nevertheless be liable and subject to
indictment, trial, judgment and punishment, accord-
ing to law.
Sect 4. The times, places and manner of holding
elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof:
1787.] FEDERAL CONVENTION. 1547
joum from day to day, and may be authorized to
compel the attendance of absent members, in such
manner, and under such penalties, as each House
may provide.
Each House may determine the rules of its pro-
ceedings ; punish its members for disorderly behav-
iour, and, with the concurrence of two-thirds, expel
a member.
Each House shall keep a journal of its proceed-
ings, and from time to time publish the same, ex-
cepting such parts as may in their judgment require
secrecy ; and the Yeas and Nays of the members of
either House on any question shall, at the desire of
one-fifth of those present, be entered on the Journal.
Neither House, during the session of Congress,
shall, without the consent of the other, adjourn for
more than three days, nor to any other place than
that in which the two Houses shall be sitting.
Sect. 6. The Senators and Representatives shall
receive a compensation for their services, to be 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 ;
1648 DEBATES IN THE [1787
and no person holding any office under the United
States shall be a member of either House during his
' contiouance 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 pro-
pose or concur with amendments, as on other bills.
Every bill which shall have passed the House of
Representatives and the Senate, shall, before it be-
come a law, be presented to the Preudent of the
United States. If he approve, he shall sign it; but
if not, be 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 reconsidera-
tion two-thirds of that House shall agree to pass the
bill, it shall be sent, together with the objections, to
the other House ; by which it shall likewise be re<
considered ; and if approved by two-thirds of that
House, it shall become a law. But in all such cases
the votes of both Houses shall be determined by
I
1787.] FEDERAL CONVBNTION. 1549
currence of the Senate and House of Representap
tives may be necessary (except on a question of ad-
journment), shall be presented to the President of
the United States ; and before the same shall take
effect shall be approved by him, or, being disapproved
by him, shall be repassed by three-fourths* of the
Senate and House of Representatives, according to
the rules and limitations prescribed in the case of a
biU. .
Sect. 8. The Congress may by joint ballot ap*
point a Treasurer. They shall have power —
To lay and collect taxes, duties, imposts and ex-
cises, to pay the debts and provide for the common
defence and general welfare of the United States.
To borrow money on the credit of the United
States.
To regulate commerce with foreign nations, among
the several States, and with the Indian tribes.
To establish an uniform rule of naturalization,
and uniform laws on the subject of bankruptcies
throughout the United States.
To coin money, regulate the value thereof, and
of foreign coin, and fix the standard of weights and
measures.
To provide for the punishment of counterfeiting
the securities and current coin of the United States.
To establish post offices and post roads.
To promote the progress of science and useful arts,
by securing for limited times to authors and invent-
* In the entry of this Report in the printed Journal ** two-thirds" are iiibeti-
tuted for ** three-fourthi.*' This change was made after the Report was i»-
ceired.SM
1660 DEBATES IN THE [1787.
ora the exclusive right to their respective writings
and discoveries.
To constitute tribunals inferior to the Supreme
Court.
To define and punish piracies and felonies com-
mitted on the high seas, and [punish]* offences
against the law of nations.
To declare war, grant letters of marque and re-
prisal, and make rules concerning captures on land
and water.
To raise and support armies : but no appropria-
tions of money to that use shall be for a longer term
than two years.
To provide and maintain a navy.
To make rules for the government and regulation
of the land and naval forces.
To provide for calling forth the militia, to execute
the laws of the Union, suppress insurrections, and
repel invasions.
To provide for organizing, arming and disciplining
the militia, and for governing such part of them as
may be employed in the service of the United States;
reserving to the States, respectively, tlie appointment
178T.] FEDERAL CONVENTION. 1551
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 canpng into execution the foregoing
powers, and all other powers vested by this Consti-
tution in the Grovemment of the United States, or in
any department or officer thereof.
Sec. 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 importation, not exceeding ten dollars for each
person.
The privilege of the writ of Habeas Corpus shall
not be suspended, unless when, in cases of rebellion
or invasion, the public safety may require it.
No bill of attainder shall be passed, nor any ex
post facto law.
No capitation tax shall be laid, unless in pro-
portion to the census herein before directed to be
taken.
No tax or duty shall be laid on articles exported
from any State.
No money shall be drawn from the Treasury, but
in consequence of appropriations made by law.
No title of nobility shall be granted by the United
States. And no person holding any office of profit
or trust under them shall, without the consent of
the Congress, accept of any present, emolument,
1652
DEBATES IN THE
[1787.
office, or title, of any kind whatever, from any king,
prince, or foreign State.
Sbc. 10. No State shall coin money, or emit bills
of credit, or make any thing but gold or silver coin a
tender in payment of debts, or pass any bill of at-
tainder, or ex post facto laws, or laws altering or
impairing the obligation of contra^^, or grant let-
ters of marque and reprisal, or enter into any treaty,
alliance or confederation, w grant any title of no-
bility.
No State shall, wlthont the consent of Congress,
lay imposts or duties on imports or exports ; or with
such consent, but to the use of the Treasury of the
United States ; ot keep troops or ships of war in time
of peace; or enter into any agreement or compact
with another State, or with any foreign power; or
engage in any war, unless it shall be actually inva-
ded by enemies, or the danger of invasion be so imi-
nent as not to admit of delay until the Congress can
be ccmsulted.
1787.] FEDERAL CONVENTION. 1553
Ciongress: but no Senator or Representative shall
be appointed an Elector, nor any person holding an
office of trust or profit under the United States.
The Electors shall meet in their respective States,
and vote by ballot for two persons, of whom one
at least shall not be an inhabitant of the same State
with themselves. And they shall make a list of all
the persons voted for, and of the number of votes for
each; which list they shall sign and certify, and
transmit, sealed, to the seat of the General Grovem-
ment, directed to the President bf tlie Senate. The
President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the
certificates, and the votes shall then be counted.
The person having the greatest number of votes
shall be the President, if such number be a majority
of the whole number of Electors appointed; and if
there be more than one who have such majority, and
have an equal number of votes, then the House* of
Representatives shall immediately choose by ballot
one of them for President ; and if no person have a
majority, then from the five highest on the list the
said House shall in like manner choose the President.
But in choosing the President, the votes shall be
taken by States, and not per capita, the representa-
tion 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 Repre-
sentatives, the person having the greatest number of
votes of the Electors shall be the Vice President.
But if there should remain two or more who have
98
1554
DEBATES IN THE
[1787.
equal votes, the Senate shall choose from them, by
ballot, the Vice President.
The Congress may determioe the time of cboosmg
Hie 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 bom citizen, or a
citizen of the United States at the time of the adop-
tion of this Constitution, shall be eligible to the
office of President ; neither shall any person be eli-
gible to that office who shall not have attained to
the age of thirty>five years, and been fourteen years
a resident within the United States.
In case of the removal of the Pre^dent from of-
fice, or of his death, resignation, or inability to dis-
charge 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 remo-
val, death, resignation or inability, both of the Presi-
dent and Vice-President; declaring what officer
shall then act as President; and such officer shall
act accordingly, until the disability be removed, or
the period for choosing another President arrive.
1787.] FEDERAL CONVENTION. 1555
power, preserve, protect and defend the Constitution
of the United States."
Sect. 2. The President shall be commander-in-
chief of the army and navy of the United States,
and of the militia of the several States, when called
into the actual service of the United States. He
may require the opinion, in writing, of the principal
officer in each of the Executive departments, upon
any subject relating to the duties of their respective
offices. And he shall have power to grant reprieves
and pardons for offences against the United States,
except in cases of impeachment.
He shall have power by and with the advice and
consent of the Senate, to make treaties, provided
two-thirds of the Senators present concur; and he
shall nominate, and, by and with the advice and con-
sent of the Senate, shall appoint, ambassadors, other
public ministers and consuls, judges of the supreme
court, and all other officers of the United States
whose appointments are not herein otlierwise provi-
ded for.
The President shall have power to fill up all va-
cancies that may happen during the recess of the
Senate, by granting commissions which shall expire
at the end of their next session.
Sect. 3. He shall from time to time give to the
Congress information of the state of the Union, and
recommend to their consideration such measures as
he shall judge necessary and expedient. He may,
on extraordinary occasions, convene both Houses, or
either of them, and in case of disagreement between
them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think
1656 DBBATK8 IN THE [1787.
proper : he shall receive ambassadors and other pub-
lic ministers : he shall take care that the laws be
faithfully executed, and shall commission ail the offi-
cers 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 misde-
meanors.
Article ID.
Sect. 1. The Judicial power of the United States,
both in law and equity, shall be vested in one Su-
preme Court, and in such inferior courts as the Con-
gress may from time to time ordain and establish.
The judges both of the supreme and inferior courts,
shall hold their offices during good behaviour; and
shall at stated times, receive for their services a
compensation, which shall not be diminished during
their continuance in office.
Sect. 2. The Judicial power shall extend to all
cases, both in law and equity, arising under this Con-
1787.] FBDBRACi CONVENTION. 1557
and between a State, or the citizens thereof, and
foreign States, citizens or subjects.
In cases affecting ambassadors, other public min-
isters and consuls, and those in which a State shall
be a party, the Supreme Court shall have original
jurisdiction. In all the other cases before mention-
ed, the Supreme Court shall have appellate jurisdlc*
tion, both as to law and fact, with such exceptions,
and under such regulations, as the Congress riiall
make.
The trial of all crimes, except in cases of im-
peachment, shall be by jury ; and such trial shall be
held in the State where the said crimes shall have
been committed; but when not committed within
any State, the trial shall be at such place or pla-
ces 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 ad-
hering to their enemies, giving them aid and comfort.
No person shall be convicted of treason unless on
the testimony of two witnesses to the same overt
act, or on confession in open court.
The Congress shall have power to declare the
punishment of treason, but no attainder of treason
shall work corruption of blood, nor forfeiture, except
during the life of the person attainted.
Article IV.
Sect. 1. Full faith and credit shall be given, in
each State, to the public acts, records, and judicial
proceedings of every other State. And the Congress
1558 DEBATES IN THE [1787.
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 enti-
tled to all privileges and immunities of citizens in
the several States.
A person charged in any State with treason, felo-
ny, or other crime, who shall flee from justice, and
be found in another State, shall, on demand of the
executive aulliority of the State from which he fled,
be delivered up, and removed to the State having
jurisdiction of the crime.
No person legally held to service or labor in one
State, escaping into another, shall, in consequence of
regulations subsisting therein, be discharged from
such service or labor ; but shall be delivered up, on
claim of the party to whom such service or labor
may be due.
Sect. 3. New States may be admitted by the
Congress into this Union ; but no new State shall
be formed or erected within the jurisdiction of any
other State ; nor any State be formed by the junc-
tion of two or more States, or parts of States ; with-
out the consent of the legislatures of the States con-
cerned, 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
Stales : and nothing in this Constitution shall be so
construed as to prejudice any claims of the United
States, or of any particular State.
Sect 4. The United States shall guarantee to
every State in this Union a republican form of gov-
&l» ^ te
1787.] FEDERAL CONVENTION. 1559
eminent; and shall protect each of them against
invasion ; and, on application of the Legislature or
Executive, against domestic violence.
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, fl|iall
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 seve-
ral 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 amend-
ment which may be made prior to the year 1808
shall in any manner affect the and — —
sections of the 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 authority of the United States, shall be the su-
preme law of the land; and the judges in every
State shall be bound thereby, any thing in the Con-
stitution or laws of any State to the contrary not-
withstanding. .
1560 DBBATBB IN THE [1787.
The Senators and RepresentatiTes beforemen-
tioned, and the members of the several State Leg-
islatures, and all executive and judicial officers,
both of the United States and of the several States,
shall be bound by oath, or affirmation, to support
this Constitution ; but no religious test shall ever be
required as a qualification to any office or public
tnvt under' the United States.
Article VIL
The ratification of the Ck>nTention8 of nine States
shall be sufficient for the establishment of this Con-
stitution between the States so ratifying the same.
LETTER.
" We have now the honor to submit to the cod*
sideration of the United States, in Congress assem-
bled, that Constitution which has appeared to us the
most advisable.
" The friends of our country have long seen and
desired, that the power of making War, peace, and
treaties : that of levying money, and regulating
1787.] FEDEfHAL CONVENTION. 1561
must give up a share of liberty, to preserve the rest.
The magnitude of the sacrifice must depend as well
on situation and circumstances, as on the object to
be obtained. It is at all times difficult to draw with
precision the line between those rights which must
be surrendered, and those which may be reserved.
And on the present occasion this difficulty was in-
creased by a difference among the several States, as
to their situation, extent, habits, and particular in-
terests.
^' In all our deliberations on this subject, we kept
steadily in our view that which appeared to us the
greatest interest of every true American, the con-
solidation of our union, in which is involved our
prosperity, felicity, safety, perhaps our national exist-
ence. This important consideration, seriously and
deeply impressed on our minds, led each State in
the Convention to be less rigid in points of inferior
magnitude, than might have been otherwise expected.
And thus the Constitution which we now present
is the result of a spirit of amity, and of that mutual
deference and concession, which the peculiarity of
our political situation rendered indispensable.
'^ That it will meet the full and entire approba-
tion of every State is not, perhaps, to be expected.
But each will doubtless consider, that had her inter-
est alone been consulted, the consequences might
have been particularly disagreeable and injurious to
others. That it is liable to as few exceptions as
could reasonably have been expected, we hope and
believe ; that it may promote the lasting welfare of
that country so dear to us all ; and secure her free-
dom and happiness, is our most ardent wish."
98*
1562 . DEBATES IN THE . [1787.
Mr. Williamson moved to reconsider the clause
requiring three-fourths of each House to ovemile
the negative of the President, in order to strike out
three-fourths and insert two-thirds. He had, he re-
marked, himself proposed three-fourths instead of
two-thirds; but he had since been convinced that
the latter proportion was the best The former puts
too much in the power of the President.
Mr. Sherman was of the same c^inion ; adding
that the States would not like to see so small a mi-
nority, and the President, prevailing over the geae-
xal voice. In making laws, regard should be had
to the sense of the people, who are to be bound
by them ; and it was more probable that a single
man should mistake or betray this sense, than ihe
Legislature.
Mr. GoDVERNEDR MoRRis. Considering the differ-
ence between the two proportions numerically, it
amounts, in one House, to two members only; and
in the others, to not more than five ; according to
the numbers of which the Legislature is at first to
be composed. It is the interest, moreover, of the
distant States, to prefer three-fourths, as they will
1787.] FEDBRAL CONVBNTION. 1563
Mr. Gerrt. It is necessary to consider the dan-
ger on the other side also. Two-thirds will be a
considerable, perhaps, a proper, security. Three-
fourths puts too much in the power of a few men.
The primary object of the revisionary check of the
President is, not to protect the general interest, but
to defend his own department. If three-fourths be
required, a few Senators, having hopes from the
nomination of the President to offices, will combine
with him and impede proper laws. Making the
the Vice-President Speaker increases the danger.
Mr. Williamson was less afraid of too few than
of too many laws. He was, most of all, afraid that
the repeal of bad laws might be rendered too diffi-
cult by requiring three-fourths to overcome the dis-
/sent of the President
Colonel Mason had always considered this as one
of the most exceptionable parts of the system. As
to the numerical argument of Mr. Gouverneur Mor-
ris, little arithmetic was necessary to understand
that three-fourths was more than two-thirds, what-
ever the numbers of the Legislature might be. The
example of New York depended on the real merits
of the laws. The gentlemen citing it had no doubt
given their own opinions. But perhaps there were
others of opposite opinions, who could equally paint
the abuses on the other side. His leading view was,
to guard against too great an impediment to the re-
peal of laws.
Mr. Gouverneur Morris dwelt on the dangdr to
the public interest from the instability of laws, as
the most to be guarded against. On the other side,
there could be little danger. If one man in office
1664
DBBATBB IH rsi
[1787.
will not consent where he ought, every foorth year
another can be substituted. This tern was not too
long for lair experim^ts. Many good laws are not
tried long enough to prore their merit This is often
the case with new laws opposed to old habits, l^e
inspection laws of Virginia and Maryland, to which
ail are now so nfuch attached, were unpopular at
first
Bfr. PiKCKNET was warmly ki oppositioa to three-
fourths, as putting a dangerous power in the hands
of a few Senators headed by the President.
Mr. Madison. When three-fourths was agreed
to, the President was to be elected by the L^^la-
tnre, and for seven years. He is now to be elected
by the people, and for four years. The object of
the revisionary power is two-fold, — first, to defend
the Elxecutive ri^ts ; secondly, to prevent popular
or factious injustice. It was an important principle
in this and in the State Ck>nstitutiona, to check legis-
lative injustice and encroachments. The Experience
of the States had demonstrated that their checks
are insufficient. We must compare the danger from
the weakness of two-thirds with the danger from
1787.] FEDERAL CONVENTION. 1565
Henry, no,) North Carolina, South Carolina, Geor-
gia, aye — 6 ; Masachusetts, Pennsylvania, Delaware,
Virginia, (General Washington, Mr. Blair, Mr. Mad-
ison, no ; Colonel Mason, Mr. Randolph, aye,) no— 4 ;
New Hampshire, divided.
Mr. Williamson observed to the House, that no
provision was yet made for juries in civil cases, and
suggested the necessity of it.
Mr. GoRHAM. It is not possible to discriminate
equity cases from those in which juries are proper.
The Representatives of the people may be safely
trusted in this matter.
Mr. Gerry urged the necessity of juries to guard
against corrupt judges. He proposed that the Com-
mittee last appointed should be directed to provide
a clause for securing the trial by juries.
Colonel Mason perceived the difficulty mentioned
by Mr. Gorham. The jury cases cannot be speci-
fied. A general principle laid down, on this and
some other points, would be sufficient. He wished
the plan had been prefaced with a Bill of Rights,
and would second a motion if made for the purpose.
It would give great quiet to the people ; and with
the aid of the State Declarations, a bill might be
prepared in a few hours.
Mr. Gerry concurred in the idea, and moved for
a Committee to prepare a Bill of Rights.
Colonel Mason seconded the motion.
Mr. Sherman was for securing the rights of the
people where requisite. The State Declarations of
Rights are not repealed by this Constitution ; and be-
ing in force are sufficient. There are many cases
1566 DEBATES IN THB [1787.
where juries are proper, which cannot be discrimi-
nated. The Legislature may be safely, trusted.
Colonel Mason. The laws of the United States
are to be paramount to State Bills of Rights.
On the question for a Committee to prepare a
Bill of Rights,—
New Hampshire, Connecticut, New Jersey, Penn-
sylvania, Delaware, aye — 5 ; Ma^land, Virginia,
North Carolina, South Carolina, Georgia, no — 5;
Massacliusetts, absent.**
The clause relating to exports bting reconsidered,
at the instance of Colonel Mason, — ^who urged that
the restrictions on the States would prevent the in-
cidental duties necessary for the inspection and safe
keeping of their produce, and be ruinous to the sta-
ple States, as he called the five Southern States, —
he moved as follows : " provided, nothing herein con-
tained shall be construed to restrain any State from
laying duties upon exports for the sole purpose of
defraying the charges of inspecting, packing, storing
and indemnifying the losses in keeping the commodi-
ties in the care of public ofiicers, before exportation."
In answer to a remark which be anticipated, to wit,
1787.] FEDERAL CONVENTION. 1567
was the right in the General Government to regu-
late trade between State and State.
Mr. GocvERNEUR Morris saw no objection to the
motion. He did not consider the dollar per hogs-
head laid on tobacco in Virginia, as a duty on ex-
portation, as no draw-back would be allowed on to-
bacco taken out of the wstrebouse for internal con-
sumption.
Mr. DATTON^was afraid the proviso would enable
Pennsylvania to tax New Jersey under the idea
of inspection duties of which Pennsylvania would
judge.
Mr. GoRHAM and Mr. Langdon thought th^re
would be no security, if the proviso should be agreed
to, for the States exporting through other States,
against these oppressions of the latter. How was
redress to be obtained, in case duties should be laid
beyond the purpose expressed ?
Mr. Madison. There will be the same security as
in other cases. The jurisdiction of the Supreme
Court must be the source of redress. So far only
had provision been made by the plan against injuri-
ous acts of the States. His own opinion was, that
this was was insufficient. A negative on the State
laws alone could meet all the shapes which these
could assume. But this had been overruled.
Mr. FiTzsiMONs. Incidental duties on tobacco and
flour never have been, and never can be, considered
as duties on exports.
Mr. Dickinson. Nothing will save the States in
the situation of New Hampshire, New Jersey, Dela-
ware, &c., from being oppressed by their neighbours,
but requiring the assent of Congress to inspection
1668 DEBATES IN THE [1787.
duties. He mored that this assent riiould accord-
ing] j be required.
Air. BoTLER Seconded the motion.
Adjourned.
Thdrsdat, September 13th.
In Comeniion, — Col. Mason. He had moTed with-
out success for a power to make sumptuary regu-
lations. He had not yet lost sight of his olgect.
After descanting on the extravagance of our man-
ners, the excessive consumption of foreign superflui-
ties, and the necessity of restricting it, as well with
economical as republican views, he moved that a
committee be appointed to report 'articles of associa^
tioD for encouraging, by the advice, the influence,
and the example, of the members of the Convention,
economy, frugality, and American manufactures.
Doctor Johnson seconded the motion ; which was,
without debate, agreed to, nem. con.; and a commit-
tee appointed, consisting of Colonel Mason, Doctor
Franklin, Mr. Dickinson, Doctor Johnson and Mr.
1787.1 FEDERAL CONVENTION. 1569
such State, for the sole purpose of defraying the
charges of inspectiDg, packing, storing, and indemni-
fying the losses on such produce, while in the evuh
tody of public officers : but all such regulations shall,
in case of abuse, be subject to the revision and con-
trol of Congress."
There was no debate, and on the question, —
New Hampshire, Massachusetts, Connecticut,
Maryland, Virginia, North Carolina, Georgia, aye^
7 ; Pennsylvania, Delaware, South Carolina, no — 3.
The report from the committee of style and
arrangement was taken up, in order to be compared
with the articles of the plan, as agreed toby the
House, and referred to the committee, and to receive
the final corrections and sanction of the Convention.
Article 1^ Section 2. On motion of Mr. Randolph,
the word " servitude " was struck out, and " service "
unanimously''^ inserted, the former being thought to
express the condition of slaves, and the latter the ob-
ligations of free persons.
Mr. Dickinson and Mr. Wilson moved to strike
out, ^'and direct taxes," from Article 1, Section 2, as
improperly placed in a clause relating merely to the
constitution of the House of Representatives.
Mr. GouvERNEUR Morris. The insertion here was
in consequence of what had passed on this point ; in
order to exclude the appearance of counting the
negroes in the representation. The including of
them may now be referred to the object of direct
taxes, and incidentally only to that of representa-
tion.
* S«e page 91% of the printed Joonal.
99
1570
DEBATES IN THE
[1787.
On the motion to strike out, " and direct taxes "
from this place, —
New Jersey, Delaware, Maryland, aye — 3; New
Hampshire, Massachusetts, Connecticut, Pennsyl-
vania, Virginia, North Carolina, South Carolina,
Georgia, no — 8.
Article 1, Section 7 — " if any bill shall not be re-
turned by the President within ten days (Sundays
excepted) after it sliall have been presented to him,"
<&c.
Mr. Madison moved to insert, between " after,"
and "it," inArticle 1, Section 7, the words, " the day
on which," in order to prevent a question wliether
the day on whicli the bill be presented ouglit to be
counted, or not, as one of tiie ten days.
Mr. Randolph seconded the motion.
Mr. GouvEBKEOR Morris. The amendment is
unnecessary. The law knows no fractions of days.
A number of members being very impatient, and
calling for the question, —
Pennsylvania, Maryland, Virginia, aye — 3; New
Hampshire, Massachusetts, Connecticut, New Jersey,
Delaware, North Carolina, South Carolina, Georgia,
no— 8.
Doctor Johnson made a further report from the
Committee of Style, &c., of the following resolu-
tions to be substituted for Articles 22 and 23 -^
" Resolved, that the preceding Constitution be
laid before tlie 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 there-
of, under the recommendation of its Legislature, for
1787.] FEDERAL CONVENTION. 1571
their assent and ratification ; and that each conven-
tion assenting to and ratifying the same, should give
notice thereof to the United States in Congress aft-
sembled."
" 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
publication the Electors should be appointed, and
the Senators and Representatives elected; That the
Electors should meet on the day fixed for the elec-
tion of the President, and should transmit their votes,
certified, signed, sealed and directed, as the Consti-
tution requires, to the Secretary of the United Stales
in Congress assembled: Tliat the Senators and Rep-
resentatives should convene at the time and place
assigned : that the Senators should appoint a Presi*
dent for the sole purpose of receiving, opening and
counting the votes for President, and that after he
shall be chosen, the Congress, together with the Pre-
sident, should, without delay, proceed to execute this
Constitution." *»
Adjourned.
Friday, September 14th.
In Convention, — The Report of the Committee of
style and arrangement being resumed, —
1572 DEBATES IN THE [1787.
Mr. Williamson moved to reconsider, in order to
increase the number of Representatives fixed for the
first Legislature. His purpose was to make an ad-
dition of one-half generally to the number allotted
to the respective States ; and to allow two to the
smallest States.
On this motion, — Pennsylvania, Delaware, Mary-
land, Virginia, North Carolina, aye — 5 ; New Hamp--
shire, Massachusetts, Connecticut, New Jersey, South
Carolina, Georgia, no — 6.
Article 1, Section 3, the words " by lot,"* were
struck out. ne?n. con., on motion of Mr. Madisom,
that some rule might prevail in the rotation that
would prevent both the members from the same
State, from going out at the eame time.
" Ez officio" struck out of the same section, as
superfluous, vent. con. ; and, "or allirmation," after
" oath," inserted, — also unanimously.
Mr. RuTLEDGE and Mr. Gouverneur Morris mov-
ed, " that persons impeached be suspended from their
offices, until they be tried and acquitted."
Mr. Madison. The President is made too depend-
ent already on the Legislature by the power of one
branch to try him in consequence of an impeachment
by the other. This intermediate suspension will put
him in the power of one branch only. They can at
any moment, in order to make way for the functions
of another who will be more favorable to their views,
vote a temporary removal of the existing magistrate.
• " By lot." bid been leinilited ftom Ihe Report of ttia Commillee of fit*
Wide on ihe liith of Aaguil. u a coireciion of ihe printed Bcport bj th*
Commiltec of alyU, itc. Sec pigea 1329, gnil 164G.
1787.] PEDBRAL CONVENTION. 1573
Mr. King concurred in the opposition to the
amendment.
On the question to agree to it, —
Ckmnecticuty South Carolina, Georgia, aye — 3;
New Hampshire, Massachusetts, New Jersey, Penn-
sylvania, Delaware, Maryland, Virginia, North Car-
olina, no — 8.
Article 1, Section 4, '^ except as to the places of
choosing Senators," was added, nem. can. to the end
of the first clause, in order to exempt the seats of
government in the States from the power of Con-
gress.
Article 1, Section 5. '' Each House shall keep a
journal of its proceedings, and from time to time,
publish the same, excepting such parts as may in
their judgment require secrecy."
Col. Mason and Mr. Gerry moved to insert, after
the word " parts," the words, " of the proceedings of
the Senate," so as to require publication of all the
proceedings of the House of Representatives.
It was intimated, on the other side, that cases
might arise where secrecy might be necessary in
both Houses. Measures preparatory to a declara-
tion of war, in which the House of Representatives
was to concur, were instanced.
On the question, it passed in the negative, —
Pennsylvania, Maryland, North Carolina, aye — 3 ;
New Hampshire, Massachusetts, Connecticut, New
Jersey, Delaware, Virginia, Georgia, no — 7 ; South
Carolina, divided.
Mr. Baldwin observed, that the clause. Article 1,.
Section 6, declaring that no member of Congress,
'^ during the time for which he was elected, shall be
1574
DEBATES IK THE
il787.
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," would not extend to offices crea-
ted by the Constitution; and the salaries of which
would be created, not increased, by Congress at their
first session. The members of the first Ck>ngres8
consequently might evade the disqualification in this
instance. He was neither seconded nor opposed,
nor did any thing further pass on the subject.
Article 1, Sect 8. The Congress "may by joint
ballot appoint a Treasurer," —
Mr. RuTLEDGB moved to strike out this power,
and let the Treasurer be appointed in the same
manner with other officers.
Mr. GoRHAM and Mr. King said that the motion,
if agreed to, would have a mischievous tendency.
The people are accustomed and attached to that
mod6 of appointing Treasurers, and the innovation
will multiply, objections to the system.
Mr. GoovERNEDR MoRRis remarked, that if the
Treasurer be not appointed by the Legislature, be
1787.] FEDERAL CONVENTION. 1575
On the motion to strike out, —
New Hampshire, Connecticut, New Jersey, Dela-
ware, Maryland, North Carolina, South Carolina,
Georgia, aye — 8 ; Massachusetts, Pennsylvania, Vir-
ginia, no — 3.
Article 1, Sect. 8, — ^the words ^' but all such du^
ties, imposts and excises, shall be uniform through-
out the United States," were unanimously annexed
to the power of taxation.
On the clause, '' to define and punish piracies and
felonies on the high seas, and punish offences against
the law of nations," —
Mr. GrouvERNEUR MoRRis movcd to strike out ^' pun-
ish," before the words, ^' offences against the law of
nations," so as to let these be defnable^ as well as
punishable, by virtue of the preceding member of
the sentence.
Mr. Wilson hopied the alteration would by no
means be made. To pretend to define the law of
nations, which depended on the authority of all the
civilized nations of the world, would have a look of
arrogance, that would make us ridiculous.
Mr. GouvERNEUR Morris. The word define is
proper when applied to offences in this case; the
law of nations being often too vague and deficient
to be a rule.
On the question to strike out the word ^' punish,"
it passed in the affirmative, —
New Hampshire, Connecticut, New Jersey, Dela-
ware, North Carolina, South Carolina, aye— ^ ; Mas-
sachusetts, Pennsylvania, Maryland, Virginia, Geor^
gia, no — 5.
1676
DEBATES IN THE
[1787.
Doctor Franklin* moved to add, after the words,
*' post roads," Article 1, Sect. 8, a power "to pro-
Tide for cutting canals where deeined necessary."
Mr. Wilson seconded the motion.
Mr. Sherman objected. Tlie expense in such
cases will fall on the United States, and the benefit
accrue to the places where the canals may be cut.
Mr. Wilson. Instead of being an expense to the
United States, they may be made a source of rev-
enue.
Mr. Madison suggested an enlargement of the
motion, into a power " to grant charters of incorpora-
tion where the interest of the United States might
require, and the legislative provisions of individual
States may be incompetent." His primary object
was, however, to secure an easy communication be-
tween the States, which the free intercourse now to
be opened seemed to call for. The political obsta-
cles being removed, a removal of the natural oDes
as far as possible ought to follow.
Mr. Randolph seconded the proposition
Mr. King thought the power unnecessary.
Mr. Wilson. It is necessary to prevent a State
from obstructing the general welfare.
Mr. King. The States will be prejudiced and
divided into parties by it. In Philadelphia and New
York, it will be referred to the establishment of
a bank, which has been a subject of contention
in those cities. In other places it will be referred
to mercantile monopolies.
lion hj Doctor Frahelih not ittted is tlie printed Jocmd, u an
1787.] FBDEBAI* CONVBNTION. 1577
Mr. Wilson mentioned the importance of facili*
tating by canals the communication with the West-
em settlements. As to banks, he did not think with
Mr. King, that the power in that point of view
would excite the prejudices and parties apprehend-
ed. As to mercantile monopolies, they are already
included in the power to regulate trade.
Col. Mason was for limiting the power to the
single case of canals.^ He was afraid of monopolies
of every sort, which he did not think were by any
means already implied by the Constitution, as sup-
posed by Mr. Wilson.
The motion being so modified as to admit a dis-
tinct question specifying and limited to the case of
canals, —
Pennsylvania, Virginia, Georgia, aye— 3; New
Hampshire, Massachusetts, Connecticut, New Jersey,
Delaware, Maryland, North Carolina, South Caio-
lina, no — 8.
The other part fell of course, as including the
power rejected.
Mr. Madison and Mr. Pinckney then moved to
insert, in the list of powers vested in Congress, a
power " to establish an University, in which no pre-
ferences or distinctions should be allowed on account
of religion."
Mr. Wilson supported the motion.
Mr. Gouverneur Morris. It is not necessary.
The exclusive power at the seat of government,
will reach the object.
On the question, —
Pennsylvania, Virginia, North Carolina, South
Carolina, aye— 4; New Hampshire, Massachusetts,
99*
IB78
DEBATES IN THE
[1787.
t
New Jersey, Delaware, Maryland, Georgia, no — 6 ;
Connecticut, divided, (Doctor Johnsox aye; Mr.
Sherman, no,)
Colonel Mason, being sensible that an absolute
prohibition of standing armies in time of peace
might be unsafe, and wishing at the same time to
insert something pointing out and guarding against
the danger of them, moved to preface the clause
(Article 1, Sect. 8), "to provide for organizing, arm-
ing and disciplining the militia," &c., with the words,
"and that the liberties of the people may be better
secured against the danger of standing armies in
time of peace."
Mr. Randolph seconded the motion.
Mr. Madison was in favor of it. It did not restrain
Congress from establishing a military force in time
of peace, if found necessary ; and as armies io time
of peace are allowed on all hands to bean evil, it is
well to discountenance them by the Constitution, as
far as will consist with tlie essential power of the
Government on that head.
Mr. GotivERNEDR MoRRis opposed the motion, as
Betting a dishonorable mark of distinction on the
military class of citizens.
Mr. PiNCKNEY and Mr. Bedi>ord concurred in the
opposition.
On the question, —
Virginia, Georgia, aye — 2; New Hampshire,
Massachusetts, Connecticut, New Jersey, Pennsyl-
vania, Delaware, Maryland, North Carolina, South
Carolina, no — 9.
Colonel Mason moved to .strike out from the clause
(Article 1, Sect. 9,) *' no bill of attainder, nor any
1787.] FEDERAL CONTBNTION. 1679
ex post facto law, shall be passed," the words, ^^ nor
any ex post facto law." He thought it not safficiently
clear that the prohibition meant by this phrase was
limited to cases of a criminal nature ; and no Legis-
lature ever did or can altogether avoid them in civil
cases.
Mr. Gerry seconded the motion ; but with a view
to extend the . prohibition to '* civil cases," which be
thought ought to be done.
On the question, all the States were, no.
Mr. PiNCKNEY and Mr. Gerry moved to insert a
declaration, ^' that the liberty of the press should be
inviolably observed."
Mr. Sherman. It is unnecessary. The power of
Congress does not extend to the press.
On the question, it passed in the negative, —
Massachusetts, Maryland, Virginia, South Caro-
lina, aye— 4; New Hampshire,* Connecticut, New
Jersey, Pennsylvania, Delaware, North Carolina,
Georgia, no — 1.
Article 1, Section 9. ''No capitation tax shall be
laid, unless," &c.
Mr. Read moved to insert, after " capitation," the
words, " or other direct tax." He was afraid that
some liberty might otherwise be taken to saddle the
States with a readjustment, by this rule, of past re-
quisitions of Congress ; and that his amendment, by
giving another cast to the meaning, would take
away the pretext.
Mr. Williamson seconded the motion, which was
agreed to.
* In tha printed Joontli New Htmpthin, aye.
1580 DEBATES 1» TBS [1787.
Od motion of Col. Mason, the words " or enume-
ration," were inserted after, as explanatory of
" census," — Connecticut and South Carolina, only,
no.
At the end of the clause, " no tax or duty shall be
laid on articles exported from any State," was added
the following amendment, conformably to a vote on
tbeSletof AugLi8t,(p. H77,) tiz: "no preference shall
be given, by any regulation of commerce or revenue,
to the ports of one State over those of another ; nor
shall vessels bound to or from one State be obliged
to enter, clear, or pay duties, in another."
Col. Mason moved a clause requiring, " that an
account of the public expenditures should be annual-
ly published."
Mr. Gerry seconded the motion.
Mr. GouvERNECH Morris urged that this would be
impossible, in many cases.
Mr. King remarked, that the term expenditures
went to every minute shilling. This would be im-
practicable. Congress might indeed make a month-
ly publication, but it would be in such general state-
ments as would afford no satisfactory information.
Mr. Madison proposed to strike out " annually "
firom the motion, and insert " from time to time,"
which would enjoin the duty of frequent publications,
and leave enough to the discretion of the Legislature.
Require too much and the difficulty will beget a
habit of doing nothing. The articles of Confedera-
tion require half-yearly publications on this subject.
A punctual compliance being often impossible, the
practice has ceased altogether.
Mr. Wilson seconded and supported the motion.
1787.] FBDKRAI^ CONVENTION. 1681
Many operations of finance cannot be properly pirt>-
lished at certain times.
Mr. PiNCKNEY was in favor of the motion.
Mr. FiTZsiMONs. It is absolutely impossible to
publish expenditures in the full extent of the term.
Mr. Sherman thought "from time to time," the
best rule to be given. " Annually " was struck out,
and those words inserted, nem. can.
The motion of Col. Mason, so amended, was then
agreed to, nem, con.j and added after " appropriations
by law," as follows : " and a regular statement and
account of the receipts and expenditures of all pub-
lic money shall be published from time to time."
The first clause of Article 1^ Sect. 10, was alter-
ed so as to read, " no State shall enter into any
treaty, alliance or confederation ; grant letters of
marque and reprisal; coin money; emit bills of
credit ; make any thing but gold and silver coin a
tender in payment of debts ; pass any bill of attain-
der, ez post facto law, or law impairing the obliga-
tion of contracts, or grant any title of nobility."
Mr. Gerry entered into observations inculcating
the importance of public faith, and the propriety of
the restraint put on the States from impairing the
obligation of contracts; alleging that Congress ought
to be laid under the like prohibitions. He made a
motion to that effect. He was not seconded.
Adjourned.
I
1582 debates in the [1787.
Satcrdav, September 15th.
Bi Convention, — Mr. Carroll reminded the House
that no address to the people had yet been prepared.
He considered it of great importance that such an
one should accompany the Constitution. The peo-
ple hadhbeen accustomed to such, on great occasions,
and would expect it on this. He moved that a com-
mittee be appointed for the special purpose of pre-
paring an address.
Mr. RuTLEDtiE objected, on account of the delay
it would produce, and the impropriety of addressing
the people before it was known whether Congress
would approve and support the plan. Congress, if
an address be thought proper, can prepare as good a
one. The members of the Convention can, also, ex-
plain the reasons of wliat has been done to their re-
spective constituents.
Mr. Sherman concurred in the opinion that an ad-
dress was both unnecessary and improper.
On the motion of Mr. Carroll, — ■
Pennsylvania, Delaware, Maryland, Virginia, aye
— 4; New Hampshire, Massachusetts, Connecticut,
New Jersey, South Carolina,* Georgia, no — 6 ; North
Carolina,* absent.
Mr. Langdon. Some gentlemen have been very
uneasy that no increase of the number of Repre-
sentatives has been admitted. It has in particular
been thought, tliat one more ought to be allowed to
North Carolina. He was of opinion that an addi-
tional one was due both to that State, and to Rhode
Island ; and moved to reconsider for that purpose.
* In ihe pruned JdutdiI, Noith Cuokas, no i South Csralmi. omittod.
1787.] FEDERAL CONVENTION. 1583
Mr. fiBBRMAN. When the Committee of eleveiklre-
ported the appointments, five Representatives were
thought the proper share of North Carolina. Sub-
sequent information, however, seemed to entitle that
State to another.
On the motion to reconsider, —
New Hampshire, Connecticut, Delaware, Maryland,
Virginia, North Carolina, South Carolina, Georgia,
aye — 8 ; Massachusetts, New Jersey, no — 2 ; Penn-
sylvania, divided.
Mr. Langdon moved to add one member to each
of the representations of North Carolina and Rhode
Island.
Mr. King was against any change whatever, as
opening the door for delays. There had been no of-
ficial proof that the numbers of North Carolina are
greater than before estimated, and he never could
sign the Constitution, if Rhode Island is to be al-
lowed two members, that is, one-fourth of the num-
ber allowed to Massachusetts, which will be known
to be unjust.
Mr. PiNCKNEY urged the propriety of increasing
the number of Representatives allowed to North
Carolina.
Mr. Bedford contended for an increase in favor
of Rhode Island, and of Delaware also.
On the question for allowing two Representatives
to Rhode Island, it passed in the negative, —
New Hampshire, Delaware, Maryland, North Car-
olina, Georgia, aye — 5 ; Massachusetts, Connecticut,
New Jersey, Pennsylvania, Virginia, South Carolina,
no— 6.
I5S4 DEBATES IN TBS [1787.
On the question for allowing six to Nortti Caroli-
na, it passed in the negative,—
Maryland, Virginia, North Carolina, South Cann
liua, Georgia, aye — 5 ; New Hampshire, Massachu-
setts^ Connecticut, New Jersey, Pennsylvania, Dela-
ware, no — 6.
Article 1, Sect 10, (the second paragraph) " No
State shall, without the consent of Congress, lay im-
posts or duties on imports or exports ; nor with such
consent, but to the use of the Treasury of the United
States."
In consequence of the proviso moved by Colonel
Mason, aod agreed to on the 13th of Sept,. (Page
15G8.)thi6partof the Section was laid aside in favor
of the following substitute, viz : " No State sliall,
witliout the consent of Congress, lay any imposts
or duties on imports or exports, except what may be
absolutely necessary for executing its inspection
laws; and the nett produce of all duties and im-
posts, laid by any State on imports or exports shall
be for the use of the Treasury of the United States;
and all such laws shall be subject to the revision and
control of the Congress."
1787.] FEDERAL CONVENTION. 1585
sideration, ^nz: "nor keep troops nor ships of war
in time of peace, nor enter into liny agreement or
compact with another State, nor 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 delay, until Con-
gress can be consulted," —
Mr. McHenry and Mr. Carroll moved, that " no
State shall be restrained from laying duties of ton-
nage for the purpose of clearing harbours and erects
ing light-houses."
Colonel Mason, in support of this, explained and
urged the situation of the Chesapeake, which pecu-
liarly required expenses of this sort.
Mr. GouvERNEUR Morris. The States are not re-
strained from laying tonnage, as the Constitution
now stands. The exception proposed will imply
the contrary, and will put the States in a worse
condition than the gentleman (Col. Mason) wishes.
Mr. Madison. Whether the States are now re-
strained from laying tonnage duties, depends on the
extent of the power " to regulate commerce." These
terms are vague, but seem to exclude this power of
the States. They may certainly be restrained by
treaty. He observed that there were other objects
for tonnage duties, as the support of seamen, &c.
He was more and more convinced that the regula-
tion of commerce was in its nature indivisible, and
ought to be wholly under one authority.
Mr. Sherman. The power of the United States
to regulate trade being supreme, can control inter-
ferences of the State regulations, when such inter-
100
1586 DBBATBJI IN THB [1787.
Terences happeif; so that there is no danger to be
apprehended from a concurrent jurisdiction.
Mr. Langdon insisted that the regulation of ton*
nage was an essential part of the regulation of trade,
and that the States ought to have nothing to do
with it.
. On motion, " that no State shall lay any duty on
tonnage without the consent of Congress," —
New Hampshire, Massachusetts, New Jersey, Del-
aware, Maryland, South Carolina, aye — 6; Penn-
sylvania, Virginia, North Carolina, Georgia, no— 4 ;
Connecticut, divided-
The remainder of the paragraph was then re-
moulded and passed, as follows, viz : " No State
shall, without the consent of Congress, iay any duty
of tonnage, keep troops or ships of war in time of
peace, enter into any agreement or compact with
another State, or with a foreign power, or engage in
war, unless actually invaded, or in such imminent
danger as will not admit of delay."
Article 2, Sect. 1, (the sixth paragraph) the words,
"or the period for choosing another President ar-
rive," were changed into, " or a President shall be
1787.] FEDERAL CONTENTION. 1687
aye — 1 ; Connecticut, New Jersey, Delaware, North
Carolina, no — 4.
■
Article 2, Sect. 2. '' He shall have power to grant
reprieves and pardons for offences against the United
States," &c.
Mr. Randolph moved to except '' cases of trea-
son." The prerogative of pardon in these cases
was too great a trust. The President may himself
be guilty. The traitors may be his own instru-
ments.
Col. Mason supported the motion.
Mr. GouvERNEUR Morris had rather there should
be no pardon for treason, than let the power devolve
on the Legislature.
Mr. Wilson. Pardon is necessary for cases of
treason, and is best placed in the hands of the Ex-
ecutive. If he be himself a party to the guilt, he
can be impeached and prosecuted.
Mr. King thought it would be inconsistent with
the constitutional separation of the Executive and
Legislative powers, to let the prerogative be exer-
cised by the latter. A legislative body is utterly
unfit for the purpose. They are governed too much
by the passions of the moment. In Massachusetts,
one assembly would have hung all the insurgents in
that State : the next was equally disposed to pardon
them all. He suggested the expedient of requiring
the concurrence of the Senate in acts of pardon.
Mr. Madison admitted the force of objections to
the Legislature, but the pardon of treasons was so
peculiarly improper for the President, that lie should
acquiesce in the transfer of it to the former, rather
than leave it altogether in the hands of the latter.
1688 D^BAT-ES IN THE [1787.
He would prefer to either, an association of the Sen-
ate, as a council of advice, with the President.
Mr. Randolph could not admit the Senate into a
share of the power. The great danger to liberty lay
in a combination between the President and that
body.
Ck>l. Mason. The Senate, has already too much
power. There can be no danger of too much lenity
in legislative pardons, as the Senate must concur;
and the President moreover can require two-thirds
of both Houses.
On the motion of Mr. Randolph, —
Virginia, Georgia, aye — 2 ; Nc^' Hampshire, Mas-
sachusetts, New Jersey, Pennsylvania, Delaware,
Maryland, North Carolina, South Carolina, no — 8 ;
Connecticut, divided.
Article 2, Section 2, (the second paragraph). To
the end of this Mr. Godvernedr Morris moved to
annex, " but the Congress may by law vest the
appointment of such inferior officers as they think
proper in the President alone, in the courts of law,
or in the heads of departments."
Mr. Sherman seconded the motion.
1787.] FEDERAL COAVENVION. 1589
The motion being lost, by an equal division of
votes, it was urged that it be put a second time,
some such provision being too necessary to be omitted ;
and on a second question, it was agreed to, nem. can.
Article 2, Sect. 1. The words, " and not per cap^
ita" were struck out, as superfluous ; and the words,
'* by the Representatives," also, as improper, the
choice of President being in another mode, as well
as eventually by the House of Representatives.
Article 2, Sect. 2. After tlie words, " officers of
the United States whose appointments are not oth-
erwise provided for," were added the words, " and
which shall be established by law."
Article 3, Sect. 2, (the third paragraph.) Mr.
PiNCKNEY and Mr. Gerry moved to annex to the
end, ^^ and a trial by jury shall be preserved as usual
in civil cases."
Mr. Gk)RHAM. The constitution of juries is differ-
ent in different States, and the trial itself is usual in
different cases, in different States.
Mr. King urged the same objections.
(jleneral Pinckney also. He thought such a clause
in the C!onstitution would be pregnant with embar-
rassments.
The motion was disagreed to, nem. con.
Article 4, Sect. 2, (the third paragraph,) the term
*' legally" was struck out; and the words, "under the
laws thereof," inserted after the word " State," in
compliance with the wish of some who thought the
term legal equivocal, and favoring the idea that
slavery was legal in a moral view.
Article 4, Sect. 3. "New States may be admitted
by the Congress into this Union : but no new State
1590 DEBATES IN TUB flTST.
shall be formed or erected within the jurisdiction of
any other State ; nor any State be formed by the
junction of two or more States, or parts of States,
without the consent of the Legislatures of the States
concerned, as well as of the Congress."
Mr. Gebby moved to insert, after, " or parts of
States," the words, " or a State and part of a State;"
which was disagreed to by a large majority ; it ap-
pearing to be supposed that the case was compre-
hended in the words of the clause as reported by
the Committee.
Article 4, Sect. 4. After the word " Executive,"
were inserted the words, " when the Legislature
cannot be convened."
Article 5. " The Congress, whenever two-thirds
of both Houses shall deem necessary, or on the ap-
plication 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 tliree-fourths at least of the Legisla-
tures of the several States, or by Conventions in three-
J787.] FEDERAL CONVENTION. 1591
as to provide that no State should be affected in its
internal police, or deprived of its equality in the
Senate.
Colonel Mason thought the plan of amending the
Constitution exiceptionable and dangerous. As the
proposing of amendments is in both the modes to
depend, in the first immediately, and in the second
ultimately, on Congress, no amendments of the
proper kind, would ever be obtained by the people,
if the Government should become oppressive, as he
verily believed would be the case.
Mr. GouvERNEUR MoRRis^ and Mr. Gerry moved
to amend the Article, so as to require a Convention
on application of two-thirds of the States.
Mr. Madison did not see why Congress would not
be as much bound to propose amendments applied
for by two-thirds of the States, as to call a Conven-
tion on the like application. He saw no objection,
however, against providing for a Convention for tlie
purpose of amendments, except only that difficulties
might arise as to the form, the quorum, <&c. which in
constitutional regulations ought to be as much as
possible avoided*
The motion of Gouverneur Morris and Mr.
Gerry was agreed to, ne7n. con.
Mr. Sherman moved to strike out of Article 5,
after " legislatures," the words, " of three-fourths,"
and so after the word " Conventions," leaving future
Conventions to act in this matter like tlie present
Convention, according to circumstances.
On this motion, —
Massachusetts, Connecticut, New Jersey, aye — 3;
Pennsylvania, Delaware, Maryland, Virginia, North
1592 DEBATES IN THE [1787.
Carolina, South Carolina, Georgia, no — 7; New
Hampshire, divided.
Mr. Gerby moved to strike out the words, " or by
Conventions in three-fourths tliereof." On which
motion, —
Connecticut, aye — 1 ; New Hampshire, Mas.sachu-
setts, New Jersey, Pennsylvania, Delaware, Mary-
land, Virginia, North Carolina, South Carolina, Geor-
gia, no — 10.
Mr. Sherman moved, according to his idea above
expressed, to annex to the end of the Article a fur-
tlier proviso " that no State shall, without its con-
sent, be affected in its internal police, or deprived of
its equal suffrage in the Senate."
Mr. Madison. Begin with these special provisos,
and every State will insist on them, for their boun-
daries, exports, &c.
On the motion of Mr. Sherman, —
Connecticut, New Jersey, Delaware, aye — 3 ; New
Hampshire, Massachusetts, Pennsylvania, Maryland,
Virginia, North Carolina, South Carolina, Georgia,
no— 8.
Mr. Sherman then moved to strike out Article 5
altogether.
Mr. BuEAKLy seconded the motion; on which, —
Connecticut, New Jersey, aye — 2; New Hamp-
shire, Massachusetts, Pennsylvania, Maryland, Vir-
ginia, North Carolina, South Carolina, Georgia, no
— 8; Delaware, divideti-
Mr. GoDVERNEUR MoRHJs movcd to annex a ftirther
proviso, " that no State, without its consent, sliall be
deprived of its equal suffrage in the Senate."
This motion, being dictated by the circulating
1787. J FEDERAL CONVENTION. 1593
murmurs of the small States, was agreed to without
debate, no one opposing it, or, on the question, saying,
Colonel Mason, expressing his discontent at the
power given to Congress, by a bare majority to pass
navigation acts, which lie said would not only en-
hance the freight, a consequence he did not so much
regard, but would enable a lew rich merchants in
Philadelphia, New York and Boston, to monopolize
the staples of the Southern States, and reduce their
value perhaps fifty per cent., moved a further pro-
viso, " that no law in the nature of a navigation act
be passed before the year 1808, without the consent
of two-thirds of each branch of the Legislature. On
which motion,- —
Maryland, Virginia, Georgia, aye — 3; New Hamp-
shire, Massachusetts, Connecticut, New Jersey,Penn-
sylvania, Delaware, South Carolina, no — 7; North
Carolina, absent.
Mr. Randolph, animadverting on the indefinite
and dangerous power given by the Constitution to
Congress, expressing the pain he felt at difi'ering
from the bodv of the Convention on the close of the
great and awful subject of their labors, and anxious-
ly wishing for some accommodating expedient which
would relieve him from his embarrassments, made a
motion importing, " that amendments to the plan
might be offered by the State conventions, which
should be submitted to, and finally decided on by,
another general convention." Should this proposi-
tion be disregarded, it would, he said, be impossible
lor Uim to put liis name to the instrument. Whether
he should oppose it afterwards, he would not then
100*
1594 DEBATES IN THE £1787.
decide; but he would not deprive himself of the
freedom tq do so in his own State, if that coutse
should be prescribed by his final judgment.
Col. Mason seconded and followed Mr. Randolph
in animadversions on the dangerous power and
structure of the Goremment, concluding that it
would end either in monarchy, or a tjrrannical aris-
tocracy ; which, be was in doubt, but one or other,
he was sure. This Constitution had been formed
without the knowledge or idea of the people. A
second convention will know more of the sense of
the people, and be able to provide a system more
consonant to it It was improper to say to the
people, take this or nothing. As the Constitution
now stands, he could neither give it his support or
vote in Virginia; and he could not sign here what he
could not support there. With the expedient of an-
other Convention, as. proposed, he could sign.
Mr. PiNCKNET. These declarations from members
so respectable, at the close of this important scene,
give a peculiar solemnity to the present moment.
He descanted on tbe consequences of calling forth
the deliberations and amenchnents of the different
1787.] FEDERAL CONVENTION. 1595
the power of a majority, only, of Congress, over
commerce. But apprehending the danger of a gene-
ral confusion, and an ultimate decision by the sword,
he should give the plan his support
Mr. Gerry stated the objections which determined
him to withhold his name from the Constitution : 1,
the duration and re-eligibility of the Senate ; 2, the
power of the House of Representatives to conceal
their Journals ; 3, the power of Congress over the
places of election ; 4, the unlimited power of Con-
gress over their own compensation ; 5, that Massa-
chusetts has not a due share of representatives allot-
ted to her ; 6, that three-fiflhs of the blacks are to be
represented, as if they were freemen ; 7, that under
the power over commerce, monopolies may be estab-
lished ; 8, the Vice President being made head of the
Senate. He could, however, he said, get over all
these, if the rights of the citizens were not render^
insecure — first, by the general power of the L^isla-
ture to make what laws they may please to call
"necessary and proper;" secondly, to raise armies
and money without limit ; thirdly, to establish a tri-
bunal without juries, which will be a Star Chamber
as to civil cases. Under such a view of the Con-
stitution, the best that could be done, he conceived,
was to provide for a second general Convention."^
On the question, on the proposition of Mr. Ban*
DOLPH, all the States answered, no.
On the question to agree to the Constitution, as
amended, all the States, aye.
The Constitution was then ordered to be en-
grossed, and the House
Adjourned.
DEBATES IN TBB
[1787.
Monday,
17th.
In ConverUum, — The engrossed Gonstitutioo being
read, —
Doctor Franklin rose with a speech in his hand,
which he had reduced to writing for his own conve-
nience, and which Mr. Wilson read in the words
following : —
" Mr. President :
^"I confess that there are several parts of this
Constitution which I do not at present approve, but
I am not sure I shall never approve them. For hav-
ing lived long, I hare experienced many instances
of being obliged by better information, or fuller con-
sideration, to change opinions even on important
subjects, which I once thought right, hut found to be
othenHse. It is therefore that, the older I grow, the
more apt I am to doubt my own judgment, and to
pay more respect to the judgment of others. Most
men, indeed, as well as most sects in religion, think
themselves in possession of all truth, and that where-
1787.1
FEDERAL CONVENTION.
ir.97
tliat is always in tlie right — il ii'ijaqiiemoi qui a
toujours raison.'
"In these sentiments, sir, I agree to this Constitu-
tion, with all its faults, if they are such ; because I
think a General Government necessary for us, and
there is no form of government, but what may be a
blessing to tlie people if well administered; and be-
lieve further, that this is likely to be well adminis-
tered for a course of years, and can oidy end in des-
potism, as other forms have done before it, when the
people shall become so corrupted as to need despotic
government, being incapable of any other. I doubt,
too, whether any other Convention we can obtain
may be able to make a better Constitution. For
when you assemble a number of men to have the
advantage of their joint wisdom, you inevitably as-
semble with those men all their prejudices, their pasr
sions, their errors of opinion, their local interests
and their sellish views. From such an assembly
can a perfect production be expected ? It therefore
astonishes me, sir, to find this system approaching
so near to perfection as it does; and I think it will
astonish our enemies, who are waiting with confi-
dence to hear that our councils are confounded, like
those of the builders of Babel; and that our States
are on the point of separation, only to meet hereafter
for the purpose of cutting one another's throats.
Thus 1 consent, sir, to this Constitution, because I
expect no better, and because I am not sure, that it
is not the best. The opinions I have had of its er-
rors I sacrifice to the public good. I have never
whispered a syllable of them abroad. Within these
walls they were born, and here thev shall die. If
1598
DEBATES IN TEE
[17S7.
erery one of us, in returning to our constituents,
were to report the objoctions he has had to it, and
endeavour to gain partizaos in support of them, we
might prevent its being generally received, an4
thereby lose all the salutary effects and great ad-
vantages resulting natuTally in our favor among for-
. ejgn nations as well as among ourselves, from our
real or apparent unanimity. Much of the strength
and efficiency of any government, in procuring and
securing happiness to the people, depends on opin-
ion— (HI the general opinion of the goodness of the
government, as well as of the wisdom and integrity
of its governors. I hope, therefore, that for our own
sakes, as a part of the people, and for the sake of
posterity, we shall act heartily and unanimously
in recommending this Constitution (if approved
by Congress and conlirmcd by the Conventions)
wBerever our influence may extend, and turn our
future thoughts and endeavours to the means of hav-
ing it well administered.
"On the whole, sir, I cannot help expressing a
wish that every member of the Convention, who
• still have objections to it, would with r
1787.] 'FEDERAL CONVENTION. 1599
members, and put into the hands of Doctor Frank-
lin, that it might have the better chance of suc-
cess.
Mr. GrORHAM said, if it was not too late, he could
wish, for the purpose of lessening objections to the
Constitution, that the clause, declaring that ''the
number of Representatives shall not exceed one ibr ,
every forty thousand," which had produced so much
discussion, might be yet reconsidered, in order to
strike out " forty thousand," and insert " thirty thou-
sand." This would not, he remarked, establish that
as an absolute rule, but only give Congress a
greater latitude, which could not be thought un-
reasonable.
Mr. King and Mr. Carroll seconded and support-
ed the ideas of Mr. Gorham.
When the President rose, for the purpose of put-
ting the question, he said, that although his situation
had hitherto restrained him from oflfering his senti-
ments on questions depending in the House, and, it
might be thought, ought now to impose silence on
him, yet he could not forbear expressing his wish
that the alteration proposed might take place. It
was much to be desired that the objections to the
plan recommended might be made as few as possi*-
ble. The smallness of the proportion of Represen-
tatives had been considered, by many members of
the Convention an insufficient security for the rights
and interests of the people. He acknowledged that
it had always appeared to himself among the excep-
tionable parts of the plan ; and late as the present
moment was for admitting^ amendments, he thought
1600
DEBATES IN THB
[1787.
this of so much consequence, that it would give hini
much satisfaction to see-it adopted.*
No opposition was made to the proposition of Mr.
CiORHAM, and it was agreed to unanimously.
On the question to agree to the Constitution, en-
rolled, in order to be signed, it was agreed to, all the
. States answering, aye.
Mr. RANDOLPH then rose, and with an allusion to
the obserrations of Doctor Franklin, apologized for
his refusing to sign the Constitution, notwithstanding
the vast majority and venerable names that would
give sanction to its wisdom and its worth. He said,
however, that he did not mean by tJiis refusal to
decide that he should oppose the Constitution with-
out doors. He meant only to keep himself free to
be governed by his duty, as it should be prescribed
by his future judgment. He refused to sign, because
he thought th^ object of the Convention would be
fiustrated by the alternative which it presented to
the people. Nine States will fail to ratify the plan,
and confusion must ensue. With such a view of the
subject he ought not, he could not, by pledging him-
ielf to support the plan, restrain himself from taking
1787.] FEDERAL CONVENTION. 1601
moment this plan goes forth, all other considerations
will be laid aside, and the great question will be,
shall there be a National Government, or not ? and
this must take place, or a general anarchy will be
the alternative. He remarked that the signing, in
the form proposed, related only to the fact that the
States present were unanimous.
Mr. Williamson suggested that the signing should
be confined to the letter accompanying the Consti-
tution to Congress, which might perhaps do nearly
as well, and would be found satisfactory to some
members* who disliked the Constitution. For him-
self he did not tliink a better plan was to be ex-
pected, and had no scruples against putting his name
to it.
Mr. Hamilton expressed his anxiety that every
member should sign. A few characters of conse-
quence, by opposing, or even refusing to sign the
Constitution, might do infinite mischief, by kindling
the latent sparks that lurk under an enthusiasm in
favor of the Convention which may soon subside.
No man's ideas were more remote from the plan
than his own were known to be ; but is it possible
to deliberate between anarchy and convulsion on
one side, and the chance of good to be expected from
the plan on the other ?
Mr. Blount said, he had declared that he would
not sign so as to pledge himself in support of the
plan, but he was relieved by the form proposed, and
would, without committing himself, attest the fact
* He tflnded to Mr. Blount for one.
Vol. I.— 101.
1602
DEBATES IN THE
f 1787.
that the plan was the unanimous act of the States
in Convention.
Doctor Franklin expressed bis fears, from what
Mr. Randolph had said, that he thought himself al-
luded to in the remarks offered this morning to the
House. He declared, that, when drawing up that
paper, he did not know that any particular member
would refuse to sign his name to the instrument, and
hoped to be so understood. He possessed a h^h
sense of obligation to Mr. Randolph for having
brought forward the plan in the first instance, and for
the assistance he had given in its progress; and hoped
that he would yet lay aside bis objections, and, by
concurring wiUi his brethren, prevent the great mis-
chief which the refusal of his name might produce.
Mr. Randolph could not but regard the signing in
the proposed form, as the same with signing the
Constitution. The change of form, therefore, could
make no difierence with him. He repeated, that, in
refusing to sign the Constitution, he took a step
which might be the most awful of his life ; but it
was dictated by his conscience, and it was not pos-
1787.] FEDERAL CONVBNTIOK. 1603
was depending, he had treated it with all the free*
dom he thought it deserved. He now felt himself
bound, as he was disposed, to treat it with the re-
spect due to the act of the Convention, He hoped
he should not violate that respect in declaring, on
this occasion, his fears that a civil war may result
from the present crisis of the United States. In
Massachusetts, particularly, he saw the danger of
this calamitous event. In that State there are two
parties, one devoted to Democracy, the worst, he
thought, of all political evils ; the other as violent
in the opposite extreme. From tlie collision of
these in opposing and resisting the Constitution, con*
fusion was greatly to be feared. He had thought it
necessary, for this and other reasons, that the plan
should have been proposed in a more mediating
shape, in order to abate the heat and opposition of
parties. As it had been passed by the Convention,
he was persuaded it would have a ccmtrary effect.
He could not, therefore, by signing the Constitution,
pledge himself to abide by it at all events. The
proposed form made no difference with him. But if
it were not otherwise apparent, the refusals to sign
should never be known from him. Alluding to the
remarks of Doctor Franklin, he could not, he said,
but view them as levelled at himself and the other
gentlemen who meant not to sign.
General Pinkckney. We are not likely to gain
many converts by the ambiguity of the proposed form
of signing. He thought it best to be candid, and
let the form speak the substance. If the meaning
of the signers be left in doubt, his purpose would not
be answered. He should sign the constitution with
1604
DBBATBB IN THE
[178T.
a riew to support it with all his influence, and
wished to pledge himself accordingly.
Doctoi Fbahklin. It is too soon to pledge our-
aelves, before Congress and Mir consUtuents shall
have approved the plan.
Mr. Ingebsoll did not consider the signing, either
as a mere attestation of the fact, or as pledging the
signers to support Uie Constitution at all events ; but
as a recommendation of what, all things considered,
was the most eligible.
On the motion of Doctor Franklin, —
New Hampshire, Massachusetts, Connecticut,
New Jersey, Pennsylvania, Delaware, Maryland,
Vii^nia, North Carolina, Georgia, aye — 10; South
Carolina, divided.*
Mr. King suggested that the Journals of the Con*
vention should be either destroyed, or deposited in
the custody of the President. . He thought, if suf-
fered to be made public, a bad use would be made
of them by those who would wish to prevent the
adoption of the Constitution.
Mr. Wilson preferred the second expedient. He
1787.] FEDERAL CONTENTION. 1605
Garolina, South Carolina, Georgia, aye — 10 ; Mary-
land,* no — 1.
The President having asked, what the Convention
meant should be done with tlft Journals, &c. whether
copies were to be allowed to the members, if applied
for, it was resolved, nem. can. " that he retain the
Journal and other papers, subject to the order of
Congress, if ever formed under the Constitution."
The members then proceeded to sign the Consti-
tution, as finally amended, as follows :
We, the people of the United States, in order to
form a more perfect union, establish justice, insure
domestic tranquillity, provide for tlie common de-
fence, 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 Rep-
resentatives.
Sect. 2. The House of Representatives shall be
composed of members chosen every second year, by
the people of the several states ; and the electors in
each State shall have the qualifications requisite for
electors of the most numerous branch of the State
Legislature.
* This negative of Maijland was occuioned bj the lingnaga of tho imtiiie-
tkms to the Deputiei of that State, which reqaired them to report to the StaU
tko fnetMngMci tho GoaveiitioiL
1606 DBBATSS IN THE [1787.
No person shall be a representative who shall not
hare attained to the age of twenty-^Te years, and
been seven years a citizen of the United States, and
who shall not, when oected, be an inhabitant of
that State in which he shall be chosen.
Representatives and direct taxes shall be appor-
tioned among the several States which may be inclu-
ded within this Union, according to their respective
numbers, which shall be determined by adding to the
whole number of free persons, including those bound
to service for a term of years, and excluding Indians
not taxed, three-filths of all other persons. The
actual enumeration shall be made within three years
ader the first meeting of the Congress of the United
States, and within every subsequent term of ten
years, in such manner as they shall by law direct
The number of representatives shall not exceed one
for every thirty thousand, but each State shall have
at least one representative ; and until such enumera-
tion shall be made, the State of New Hampshire
shall be entitled to choose three, Massachusetts,
eig^t, Rhode Island and Providence Plantations one,
Connecticut five, New Yorli six, New Jersey four.
1787.] FEDJBRAL CONVENTION. 1607
composed of two Senators from each State, chosen
by the Legislature thereof, for six years ; and each
Senator shall have one vote.
Immediately after they sh A be assembled in con«
sequence of Ihe first election, they shall be divided,
as equally as may be, into three classes. The seats
of the Senators of the first class shall be vacated at
the expiration of the second year, of the second class
at the expiration of the fourth year, and of the third
class at the expiration of the sixth year, so that one-
third may be chosen every second year ; and if vacan-
cies happen, by resignation, or otherwise, during the
recess of the Legislature of any State, the Executive
thereof may make temporary appointments until the
next meeting of the Legislature, which shall then fill
such vacancies.
No person shall be a Senator who shall not have
attained to the age of thirty years, and been nine
years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that State for
which he shall be chosen.
The Vice president of the United States shall be
President of the Senate, but shall have no vote, un-
less they be equally divided.
The Senate shall choose their other officers, and
also a president pro tempore, in the absence of the
Vice President, or when he shall exercise the office
of President of the United States.
The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they
shall be on oath or affirmation. When the Presi-
dent of the United States is tried, the Chief Justice
shall preside; and no person shall be convicted with-
^608
DEBATES IN TB^^
[1787.
. oat the concarrence jyf two-thirds of the members
present.
Judgment, in cases of impeachme^, sh^ll not
e\ten4 filrther than tiAemoval from offlbe, and di»-
qualificati<xt- to bold and enjoy any office of honor,
trust, or profit, under the United States; but the
, party convicted shall nevertheless be liable and
subject to indictment, trial, judgment, and punish-
ment, according to law.
Sect. 4. The times, places, and manner of holding
elections for Senators and Representatives, shall be
prescKU>ed in each State bj the Legislature thereof;
but tbfr Congress may, at any time, by law, make or
alter suci 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 dif-
ferent day.
Sect 5. Each House shall be the judge of the
elections, returns, and qualifications, of its own mem-
bers ; and a majority of each shall constitute a quo-
rum to do business ; but a smaller number may ad-
1787.] FBOBRAL CONVENTION'. 1609
ing such parts as may in their judgmisiit, require
secresy ; and the yeas and nays of the memhers of
either House, on any question, shall, at the desire of
one-fifth of tiiose present, be entered oa the Jour-
nal.
Neither House, during the session of Congress,
shall, without the consent of the other, adjourn for
more than three days, nor to any other place than
that in which the two Houses shall be sitting.
Sect. 6. The Senators and Representatives shall
receive a compensation for their services, to be as-
certained by law, and paid out of the Treasury of
the United States. They shall, in all case9, except
treason, felony, and breach of the peace, be privi-
leged from arrest during their attendance at the ses-
sion of their respective Houses, and in going to or
returning from the same ; and for any speech or de-
bate 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
ofiice 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 con-
tinuance in office.
Sect. 7. All bills for raising revenue shall origi-
nate in the House of Representatives ; but the Senate
may propose or concur with amendments, as on other
bills.
Every bill which shall have passed the House of
Representatives and the Senate, shall, before it be^
Vol. I.— 101 *
1610
DEBATES IN TH«
[1787.
come 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 olijections at large on their Journal, and
proceed to reconsider it. If, after such reconsidera-
ticHi, two-thirds of that House shall agree to pass the
bill, it shall be sent, together with the objections, to
the other Hpuse, by which it shall likewise be recon-
sidered, and if approved by two- thirds of that House,
it shall become a law. But in all such cases, the
votes of both Houses shall be determined by yeas
and nays, and the names of the persons voting for
and against the bill, shall be entered on the Journal
of each House respectively. If any bill shall not be
returned by the President within ten days (Sundays
excepted) after it shall have been presented to him,
the same shall be a law, in like manner as if he bad
signed it, unless the Congress by their adjournment
prevent its return; in which case it shall not he a
law.
Every order, resolution, or vote, to which the con-
currence of tlie Senate and House of Representatives
1787.] FEQSRAL CONVENTION. ' 1611
* 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 ; but all duties, imposts, and excises^ shall be
uniform throughout the United States :
To borrow money on the credit of the United
States :
To regulate commerce with foreign nations, and
among the several States, and with the Indian
tribes :
To establish 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
measures :
To provide for the punishment of counterfeiting
the securities and current coin of the United States :
To establish post offices and post roads :
To promote the progress of science and useful
arts, by securing, for limited times, to authors and
inventors, the exclusive right to their respective
writings and discoveries :
To constitute tribunals inferior to the Supreme
Court;
* That " To lay and collect taxes, duties, imposts, and excises," ought not
to be a separate claose from "to pay the debts,'** dec. *, see in the printed Jonr-
tial of the Convention, the report of the Committee of Eleven, September
4th — also copy of the draft of the Constitution as it stood Sept. 12th, printed
by the Convention for the use of the members, now in the Department of
State — also copy of the Constitution, as agreed to and signed, printed in
sheets at the close of the Convention. The proviso " but all duties, impoett,
and excises, shall be uniform," dtc., by ita immediate reference* suggests the
lUM view of tho text. '^
*
1612 DEBATES IN THE [1787.
To define and punish piracies and felonies com-
mitted on the liigh 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 appropria-
tion of money to that use shall be for a longer term
than two years :
To provide and maintain a navy :
To make rules for the government and regulation
of the land and naval forces :
To provide for calling forth the militia to execute
the laws of the Union, suppress insurrections, and
repel invasions :
To provide for organizing, arming, and disciplining
the militia, and for governing such part of them as
may be employed in the service of the United
States — reserving to the States respectively, the ap-
pointment of the officers, and the authority of train-
ing the militia according to the discipline prescribed
by Congress :
To exercise exclusive legislation in all cases
whatsoever, over such district, (not exceeding ten
miles square,) as may, by cession of particular States,
and the acceptance of Congress, become the seat of
government of the United States, and to exercise
like authority over all places purchased, by the con-
sent 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
1787.] FEDERAL CONVENTION. 1613
proper for carrying into execution the foregoing
powers, and all other powers vested by this CoDSti-
tutioQ in the government of the United States, or in
any department or officer thereof.
Sect. 9. The migration or importation of such
persons as any of the States, now existing, shall
think proper to admit, shall not be prohibited by the
Congress prior to the year 1808, but a tax or duty
may be imposed on such importation, not exceeding
ten dollars for each person.
The privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases of rebellion
or invasion, the public safety may require it.
No bill of attamder, or ex post facto law, shall be
No capitation or other direct tax shall be laid,
unless in proportion to the census or enumeration
herein before directed to be taken.
No tax or duty shall be laid on articles exported
from any State. No preference shall be given by
any regulation of commerce or revenue to the ports
of one State over those of another : nor shall vessels
bound to or from one State, be obliged to enter,
clear, or pay duties in another.
No money shall be drawn from the Treasury, bat
in consequence of appropriations made by law : and
a regular statement and account of the receipts and
expenditures of all public money shall be published
from time to time.
No title of nobility shall be granted by the Uni-
ted States: and no person holding any office of
profit or trust under them, shall, without the consent
of the Congress, accept of any present, emolument.
1614
DEBA'fES IN THE
[1787,
office, iff-titie of any kind whatever, from any kmg,
prince, or foreign State.
Sect. 10. No State shall enter into any treaty, al-
liance, 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 pay-
ment of debts ; pass any bill of attainder, ex post
facto law, or law impairing the obligation of con-
tracts, or grant any title of nobility.
No State shall, without the consent of the Con-
gress, lay any imposts or duties on imports or ex-
ports, except what may be absolutely necessary for
executing its inspection laws ; and the net produce
of all duties and imposts, laid by any State on im-
ports or exports, shall be for the use of the Treasury
of the United States, and all such taws shall be
subject to the revision and control of the Congress.
No State shall, without the consent of Congress, lay
any duty of tonnage, keep troops or ships of war in
time of peace, enter into any agreement or compact
with another State, or with a foreign power ; or en-
gage in war, unless actually invaded, or in such im-
miiient danger as will not admit of delay.
1787.] FEDERAL CONTENTION. 1615
equal to the whole number of Senators and Repre-
sentatives to which the State may be entitled in
the Congress ; but no Senator or Representative, or
person holding any office of trust or profit under the
United States, shall be appointed an Elector.
The Electors shall meet in their respective States,
and vote by ballot for two persons, of whom one
at least shall not be an inhabitant of the same State
with themselves. And they shall make a list of all
the persons voted for, and of the number of votes for
each; which list they shall sign and certify, and
transmit sealed to the seat of the Government of the
United States, directed to the President of the Senate.
The President of the Senate shall, in the presence of
the Senate and House of Representatives, open all
the certificates, and the votes shall then be counted.
The person having the greatest number of votes
shall be the President, if such number be a majority
of the whole number of Electors appointed ; and if
there be more than one who have such majority, and
have an equal number of votes, then the House of
Representatives shall immediately choose, by ballot,
one of them for President ; and if no person have a
majority, then, from the five highest on the list, the
said House shall, in like manner, choose the Presi-
dent. But, in choosing the President, the votes
shall be taken by States, the representation from
each State having one vote; a quorum for thisr
purpose shall consist of a member or members from
two-thirds of the States, and a majority of all the
States shall be necessary to a choice. In every
case, after the choice of the President, the person
having the greatest number of votes of the Electors,
►
1616 . DEBATES IN THE [1787.
Bhall be the Vice President. But if there should
remain two or more who have equal votes, the Sen-
ate shall choose from them, by ballot, the Vice-Pres-
ident.
The Congress may determine the time of choosing
the electors, and tlie day on which they shall give
their votes ; which day shall be the same throughout
the United States.
No person, except a natural bom citizen, or a citi-
zen 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 resi-
dent within the United States.
In case of the removal of the President from office,
or of his death, resignation, or inability to discharge
the powers and duties of the said office, the same
shall devolve on the Vice President, and the Congress
may, by law, provide for the case of removal, death,
resignation, or inability, both of the President and
Vice President, declaring what officer shall then act
as President, and such officer shall act accordingly,
until the disability be removed, or a President shall
be elected,
The President shall, at stated times, receive for
his services a compensation, which shall neither be
increased nor diminished during the period for which
he shall have been elected, and he shall not receive
witliin that period any other emolument from the
United States, or any of them.
Before he enters on the execution of his office, he
shall take the following oath or affirmation:
1787.]
FEDERAL CONVENTION.
1617
" I do soleumiy swear (or affirm) tliat I will faith-
fully execute the office of President of the United
States, and will, to the best of ray ability, preserve,
protect, and defend, the Constitution of the United
States."
Sect. 2. The President shall be commander-m-
chief of the army and navy of the United States, and
of the militia of the several States, when called into
the actual service of the United States ; he may re-
quire the opinion, in writing, of the principal officer
in each of the Executive Departments, upon any
subject relating to the duties of their respective of-
fices ; and he shall have power to grant reprieves
and pardons for offences against the United States,
except in cases of impeachment.
He shall have power, by and with the advice and
Consent of the Senate, to make treaties, provided two-
thirds of the senators present concur: and he shall
nominate, and, by and with the advice and consent
of the Senate, shall appoint ambassadors, other
public minitsters and consuls, Judges of the Supreme
Court, and all other officers of the United States,
wliose appointments are not herein otherwise pro-
vided for, and which shall be established by law.
But the Congress may, by law, vest the appointment
of such inferior officers as they think proper in the
President alone, in the courts of law, or in the heads
of departments.
The President shall have power to fill up all va-
cancies that may happen during the recess of the
Senate, by granting commissions which shall expire
at the end of their next session.
Sect. 3. He shall, from time to time, give to the
Vol. I.— 102
1618 DEBATES IK THB [^1787,
Congress information of the state of the union, and
recommend to their consideration such measures as
he shall judge necessary and expedient: he may,
on extraordinary occasions, convene both Houses, or
either of them, and in case of disagreement between
them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think
proper; he shall receive ambassadors and other
public ministers; he shall take care that the laws
be faithfully executed; and shall commission all
the officers of the United States.
Sect. 4. The President, Vice-President, and all civil
officers of the United States, shall be removed from
office on impeachment for, and conviction of, treason,
bribery, or other high crimes and misdemeanors.
Article IH.
Sect. 1. The Judicial power of the United States,
shall be vested in one Supreme Court, and in such
inferior courts as the Congress may, from time to
time, ordain and establish. The judges, both of the
supreme and inferior courts, shall hold their offices
1787.1 FEDERAL CONVENTION. 1619
time jurisdiction ; to controversies to which the Uni-
ted 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 landi^
under grants of different States; and between a
State, or the citizens thereof, and foreign States,
citizens, or subjects.
In all cases affecting ambassadors, other public
ministers and consuls, and those in which a State
shall be a party, the Supreme Court shall have origi-
nal jurisdiction. In all the other cases before men-
tioned,the Supreme Court shall have appellate juris-
diction, both as to law and fact, with such excep-
tions, and under such regulations, as the Congress
sliall make.
The trial of all crimes, except in cases of im-
peachment, shall be by jury ; and such trial shall be
held in the State where the said crimes shall have
been committed; but when not committed within
any State, the trial shall be at such place or places
as the Congress may by law have directed.
Sect. 3. Treason against the United States shall
consist only in levying war against them, or in ad-
hering to their enemies, giving them aid and com-
fort. No person shall be convicted of treason unless
on the testimony of two witnesses to the same overt
act, or on confession in open court.
The Congress shall have power to declare the
punishment of treason ; but no attainder of treason
shall work corruption of blood, or forfeiture, except
during the life of the person attainted.
iea>
UHflATES IN THK
[1787.
Article TV.
Sect. 1. Full faith and credit shall be given in
each State to the public acts, records, and judicial
proceedings of every other State. And the Congress
may, by general laws, prescribe the manner in which
Buch acts, records, and proceedings, shall be proved,
and the effect thereof.
Sect. 2. The citizens of each State shall be enti-
tled to all privileges and immunities of citizens in
the several States.
A person charged in any State with treason, felo-
ny, or other crime, who shall flee from justice, and
be found in another State, shall, on demand of the
executive authority of the State from which he fled,
be delivered up, to be removed to the State having
jurisdiction of the crime.
No person held to service or labor in one State,
under the laws thereof, escaping into another, shall,
in consequence of any law or regulation therein, be
discharged from such service or labor; but shall be
1787.] FEDERAL CONVENTION. 1621
territory or other property belonging; to the United
States : and nothing in this Constitution shall be so
construed as to prejudice any claims of the United
States, or pf any particular State.
Sect 4. The United States, sbMl guarantee to
every State in this Union, a republican form of govr
emment, and shall protect each of them against
invasion ; and, on application of the Legislature or
of the Executive, (when the Legislature cannot be
convened,) against domestic violence.
Article V.
The Congress, whenever two-thirds of both Houses
shall deem it necessary, shall propose amendments to
this Constitution ; or, on the application of the Le-
gislatures 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 pur-
poses, as part of this Constitution, when ratified
by the Legislatures of three-fourths of the several
States, or by conventions in three-fourths thereof,
as the one X>t the other mode of ratification may be
proposed by the Congress ; Provided, that no amend-
ment 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 consent, 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
1623
DEBATES IN THE
[1787.
be as valid against the United States under thiv
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, orwhich shall be made, under
the authority of the United States, shall be the su-
preme law of the land ; and the judges in every
State shall be bound thereby ; any thing in the Con-
stitution or laws of any State to the contrary not-
withstanding.
The Senators and Representatives beforemen-
tioned, and the members of the several State Leg-
islatures, and all executive and judicial officers,
both of the United States, and of the several States,
shall be bound by oath, or affirmation, to support
this Constitution ; but no religious test shall ever be
required as a qualification to any office or public
trust under the United States.
Article VII.
The ratification of the conventions of nine States
1787.]
FEDERAL CONVENTION.
1623
New Hampshire.
John Langdon,
Nicholas Gilman.
Massackusetts.
Nathaniel Gtorham,
RuFUs King.
Maryland.
Connecticut. James McHenry, [ifeR|
WiLLUM Samuel Johnson,Daniel of St. Thomas Jen-
Roger Sherman. Daniel Carroll.
Delaware.
George Read,
Gunning Bedford, Jr.,
John DickinsoNi
Richard Bassett,
Jacob Broome.
New York.
Alexander Hamilton.
New Jersey.
WiLLUM Livingston,
David Brearly,
William Patterson,
Jonathan Dayton.
Virginia.
John Blair,
James Madison, Jr.
North Carqfina.
William Blount,
Richard Dobbs Spaight,
Hugh Williamson.
Pennsylvania. South Carolina.
Benjamin Franklin, John Rutledge,
Thomas Mifflin, Charles Cotesworth Pincbj^tet,
Robert Morris,
George Clymer,
Thomas Fitzsimons.
Jared Ingersoll,
James Wilson,
Gouverneur Morris.
Charles Pinckney,
Pierce Butler.
Georgia.
William Few.
Abraham Baldwin.
Attest :
WiLLUM Jackson, Secretary.
1604
[ 1787.
The Constitution being signed by all the members,
except Mr. Randolph, Mr. Mason and Mr. Gerry,
who declined giving it the sanction of their names,
the Convention dissolved itself by an adjournment
sine die. "•
Wljilst the last members were signing, Doctor
Franklin, looking towards the President's chair, at
the back of which a rising sun happened to be
painted, observed to a few members near him, that
painters had found it didicult to distinguish in their
art, a rising, from a setting, sun, I have, said he,
often and often, in the course of the session, and the
vicissitudes of my hopes and fears as to its issue,
looked at that behind the President, without being
able to tell whether it was rising or setting: but
now at length, I have the happiness to know, that
it is a ristog, and not a setting sua.
■■«■ ^
APPENDIX .
TO THE
DEBATES IN THE FEDERAL CONVENTION.
102*
APPENDIX
TO THE
DEBATES IN THE FEDERAL CONVENTION.
LETTER PROS! JnHEB U, VARNrM, OF ERODE ISIuiND, TO THE PRWIDENT
OF THE CONVENTION, ENCLOSING TirExtlRlOINEU COMMlINIOiTION, PROM
CERTAIN cmzGNa OP rhodk island, to the pedsral oo.nvbntion.
NcwfoRT, JunB IBth, 1787.
Sir,
Tbi enclosed address, of wliicli I presuro? your Kictll^Dcy ha«
received a duplicate, was returned lo me, from New York, after my
arrival in ihi^ Slate. I Haltered myself that our Legislature, which
coDveoed on Monday la?i, would hare receded from ihi' resolulion
therein referred to, and have complied with the recomiiiendaliot) of
Coikgreis in sending delegates to the Federal Conventioa. The
Upper House, or Governor and Couticil, embraced the measure; but
il was ncgatiTed io the House of Assembly by a Inrge majority, not-
withsianding that the greatest exertioaa were made to support it.
Being disappointed in ibeir eipeciations, the minority in the ad-
minislratiun, and all the worthy citizens of this Stale whose minds
are well informed, regretting the peculiaritiei of their situation, place
their fullest confideoce in the wisdom and moderation of ihe National
Council, and indulge the warmest hopes of being favorably considered
in their deliberation a. From these deliberations they aiilicijiale a
political system which must Gnalty be adopted, and from which will
result the safely, the honor and the happiness of the United Slates.
Permit me. Sir, lo observe, that the measures of our present Le-
g:islature do not exhibit the real character of ihe Stale. They are
equally reprobated and abhorred by geDilemen of the learned profes-
sions, by the whole mercantile body, and by most of the respectable
farmers and mechanics. The majority of the adminisiratioa is com-
posed of a licentious number of men, destitute of education, and
many of them void of principle. Prom anarchy and confusion ihey
deiive their temporary consequence; Kud this they endeaTOUT to pro-
IT
APPENDIX TO THE DEBATBB.
longbf debinching the minds of the common people, wbo*e Mtention
is wholly direcled to the abolition of debli, public and privtte.
With theaenre auocinted tbe disaffected of every description, paitie-
uUuly those who were' tiD&ienclly during the war. Their papei-
moony lysteni, fonnded in oppression and fraud, they ate determined
to support at every hazard ; and rather than relinqaish their favorite
pursuit, they trample upon the most sacred obligations. As a proof
of this they refused to comply with a requisition of Coogress for re-
pealing; all laws repugnant to the treaty of peace with Great Britain ;
and urged us (heir principal reason, (bat it would be calling iu ques-
tion the propriety of their former measores.
These may be allributed partly to the extreme freedom of our Con-
stitution, and partly to ihe want of energy m the Federal Union ; and
it is greatly to be apprehended that they cannot speedily be removed,
but by uncommon and very serious exertions. It ii fortunate, howeTCt,
that the wealth and resources of this State are chiefly in possession
of the well afiecled, and that they are entirely devoted to the publio
good.
I have the honor of being, Sir,
with the greatest veneration and esteem,
your Eicelleocy't very obedient and
most humble serrant,*
HU Excellency, Gen. WASHinoroif .
Oehtleken,
Since the Legislal
PsoTiDMca, MiT llts, 1797.
e of this State hare finally declinad sending
APPENDIX TO THE DEBATES. V
It is ihe general opinion here, and, we beliete, of the well iaformed
throughout this Slate, that full power for the tegulatioD of the com'
merce of the United Slates, boih foreign and domestic, ought to bo
Tested in the national council. And thai effeclual aiTBngemtnta
should also be made for giring operation to the present powen of
Congress in their requisilioni for national purposes.
As the object of this letter is chieily to prevent any impression nn-
favorable to the commeTcial interest of ilie State, from taking place in
oui sister Stales, from ihe ciTcumslanee of our being unrepieseoted in
the present National Convention, we shall not presume to enter inia
any detail of the objects we hope yOnr deliberations will embrace, and
provide fur; being coovini^ed ihev will be such as have a tendency to
■treogihen (he union, promote the commerce, increase the power, aad
establish the credit of the United Stales.
The result of your detiberalions, (ending to these desirable put-
poses, we still hope may finally be approved and adopted hy tbU
Slate, for which we pledge our influcacc and best eierlions.
[* This will be delireied you by the Hon. Ja.mes M. Vahncm, Esq.
who will communicate (with your permission) in person, more par-
ticularly our sentiments on the subject (nader of our address.]
In behalf of the merchants, tradesmen, 4*. we have the honor,
Ac, die. (signed)
JoBK Bit own,
Joseph NiaaTiitoaLE,
Levi Hali.,
Phiup Alliti,
Paul Allek,
Jabez Bo wen.
Nicholas Baown,
John Jinef^,
Welcome AanoLn,
William Russell,
Jehemiab Olnet,
William Barton,
Thomas Llovd Halset,
Committee,
The Honorable the Chairman of the
General CoaveiitioD, Philadelphia.
NO. 2.
BcePa;<73rL
KOTB OP MR. MADtBON TO THE PLAN OF CHARLES PIJICKNET, MAT a 17W
The length of (he document laid before the Conventiun, and i>ther
es, having prevented the taking of a copy at the (ime, thai
•MBdsdwbjhMtoMr.
tn ibe Inner ciicIoHd br Qfneni VAunm, bat not in ib
Vi APPENDIX TO THE DEBATES.
whirh is ioserted in ilie Debaiea wna lahen from ihe paper furnished lo
the SecreWry of Slate, and coulained in iha Journal of the Con»rn-
lion, published in mi9 ; which, il beia^ taken fur granted, lha< it was
a inia I'Opy, was Dot then examined. The coiocideDcc in several in-
ataoces between that and the Constitution as adopted, having a.1-
tracled the notice of others, was at length sug-gesled to mine. On
cotnparing the paper with the Constitution in its Rnal form, or in some
of its Eiages, and with the propotiitioEis and speeches of Mr. Pinckmev
in the Convention, il was apparent that considerable error had crept
into the paper, occasioned possibly by the loss of the documeol laid
before the Convention, (neither that nw the Resolution offered by
Mr. pATTERsoM, beiDg Bmong the preserved papers), and by a conse-
quenl resort for a copy to the rough draught, in which erasures and
interlineaiiotis, following whit passed in the Convention, might be
confounded, in part at least, with the original text, and after a lapse
of more than thirty years, confounded also lu the memory of (he
author.
There is in the paper a similarity in some cases, and an identity in
others: with details, expressions and defitiitions, the results of crilicat
discussions and modiSeaiion in the ConveotioD, that could not have
been aniiclpaied.
Examples may be noticed in Article VIII. of the paper ; which is
remarkable also for the circumstance, thai whilst it specifies (he func-
tionsof the President, no provision is contained in the paper fur the
election of such an officer, uor indeed for the appointment of any
Executive magistracy, notwithstanding the evident purpose of the
author to provide an entire plan of a Federal Qovernmenl.
Again, in several instances where the paper corresponds with the
CoostiluiioD, il is at variance with the ideas of Mr. Pencknby, as de-
cidedly eipre-ised in his propositions, and in his arguments, the former
in the Journiil of the Convention, the latter in the Report of iti De-
bates. Thus, in Article VIII. of the paper, provision is made for
removing: <he President by impeachment, when it appears thai in the
Convention, on the twentieth of July, he was opposed to any im-
peachibility of the executive niagiAlrRle. In Article III., it is re-
quired thai all money bills shall orijjinate in the drsl brao>;h of the
Legislainre ; which he strenuously opposed on the eighth of August,
and again, on (he eleventh of Au^si. In Article V., members of
each House are made ineligible lo, as well as incapable of holding
any office under the Union, &.c, as was the case at one stage of the
Constitution, a di^rjualificalion highly disapproved and opposed by
him on the fuurteenlh of Augusl.
A btill more conclusive evidence of error in the paper is seen in
i
APPENDIX TO THE DEBATES,
TU
Aniele III., vhich provides, as ihe Constiiulion does, Ihat the fint
Dranch ofihe Legiskiure shall be chosea by the people of the seTeral
Slates; trhtlst it ap|>earB, ihal on the sixth of June, according la
previous notice too, a few days only after the draft was laid before
the CoiiTeDiioo, its author opposed thai mode of choire, urgiog aad
proposLDg, in place of i[, in election by the Legislatures of the several
Stales.
The remarks here made, though not material In themselves, were
due to the auibeniicily and accuracy aimed at in this record of ibe
proceedings of a publii; body ao much an object, sometimes, of curious
research, as at all times of profound interest.*
s xs ACcoMUo-
•O BHALL BTATES.
I. Reaolred, that in the second branch each Slate have one vote ia
Ihe following cases:
1. In granliug exclusive rights to ports.
2. In subjecting vessels or seamen of the United States to tonnage
duties, or other imposi lions.
3. In regulating the navigation of rivers.
A. In regulating the rights to be enjoyed by citizens of one State
JD the other Stales.
5. In questions arising io the guarantee of territory.
6. Ia declaring war, or taking measures for subduiug a rebellion.
7. In regulating corn.
8. In establishing aod regulating the post o9ice.
0. In the admission of new Stales into the Union.
' Buikiaf d]Krepuieifli wlU be ibiuid on w cominriAon of hit pbui, u fumuhflj Io K
pubUihcd bj Fnncli Childi, >1 KEwVork, ihonlr aftfTtheclne of LhaCoofsntJnn. T1
UtlF of UiB punphUt ki : "ObierTUioDi oa tbi plui of goTcmmcot lubinttud to (be F<
an] ConTcnUonoDilietHrDIy'ellbLhar HUf, 17m, bj Chulu Punxnir, &c." A cop)'
pmervsil uDOni ihc " Select Trecu," bi Ihe LibnTr of [be Hlitorical Boelel) of Ne
■he pMple eoDtilDM haTa been Iha choice In Ihe lo« piper, !■> letter tram Mr. Finciui
phuicnlly aJhereilniclH^cefar thcBUfeLeftvIatmre. Ttic followiiig Is ho eitnct: *Ai
jou noL to use effall eipTAuton, ebunduillj eonvbiceff that Ihe thnretlnl noneenseof i
elKUon of the memtKn of CoBfrwa bj Uw pMjilei In Ibe fltil inKuici. la tlctltr ai
prulicaUir vronf— (tut 11 wiU Id [be and be Ibe oieani at brinjioi our council Into ca
leoipl— and that ihe Lc^laluiirel loClbe BIUii] u« Uic oulyiiropei judgei of wtia ou^
Id ba elected T'
viii
APPBITDIX TO Tax DBBATB&.
to. Id etublHhing roles for iha goTeninnit of the militU.
11. In raUiog K regular umy.
13, In the eppotniment of the Eiecttti*e.
13. Id Sling the KU of goreiDraeaL
Tbei Id all other case* the right of tnflnge be proporliined eeeor-
ding to in equitable rule of repreaenttlioD.
II. That for the detenniDation of certain imporlaDt queationa in the
■ecood bnocb, a greater number of Totea then a mere majority be re*
quiaiie.
III. That the people of each State ought to retain the perfect rigbt of
adopting from time to time s neb forma of republican gorerameni aa to
them may seem best, and of making all law* not contrary to the
Articles of UaioD ; subject to the supremacy of the General Gorern-
ment Id those insiaocea only in which that supremacy shall be ex-
preaaly declared by the Article* of the Union.
IV. That alihongfa erery negaliTe given to the law of a particnlar
State shall prevent its operation, any State may appeal to the National
Judiciary against a negatire ; and that aueh negative, if adjudged to
be contrary to the powers granted by the Articles of the Union, shall
be void.
T. That any individual conceiving himself iojnred cr oppreaaed by
the paniality or injustice of a law of any particular State, may retovt
to the National Judiciary ; who may adjudge such law to be void, if
found contrary to the principlea of equity and juatico.
MOTE TO BFBBCH OF H
« APPENDIX TO THE DEBATES. IX
lional iDodifications, farouring the inflaence of propertf in the Govern-
ment But the United States have not reached the stage of society in
which coDflicting feelings of the class with, and the class witbont|
property, have the operation natural to them m countries fully peo-
pled. The most difficult of all political arrangements is that of so ad-
justing the claims of the two classes as to give security to each, and to
promote the welfare of all. The federal principle, which enlarges
the sphere of power without departing from the elective hasis of it,
and controls in various ways the propensity in small republics to rash
measures, and the facility of forming and executing them, will be
found the best expedient yet tried for solving the problem.
SECOND MOTB TO BPBSCH OF MR. MADISON OF AUGUST 7th. T787, FOUND
AMONG HIS PAPERS.
These observations (see Debates in the Convention of 1787, August
7th) do not convey the speaker's more full and matured view of the
subject, which is subjoined. He felt too much at the time the exam-
ple of Virginia.
The right of suffrage is a fundamental article in republican consti-
tutions. The regulation of it is, at the same time, a task of peculiar
delicacy. Allow the right exclusively to property, and the rights
of persons may be oppressed. The feudal polity alone sufficiently
proves it. Extend it equally to all, and (he rights of property, or the
claims of justice, may be overruled by a majority without property, or
interested in measures of injustice.- Of this abundant proof is afforded
by other popular governments ; and is not without examples in our
own, particularly in the laws impairing the obligation of contracts.
In civilized communities, property as well as personal rights is an
essential object of the laws, which encourage industry by securing
the enjoyment of its fruits, — that industry from which property results,
and that enjoyment which consists, not merely in its immediate use,
but in its posthumous destination to objects of choice and of kindred
or affection.
In a just and a free government, therefore, the rights both of pro-
perty and of persons ought to be effectually guarded. Will the former
be so in case of a universal and equal suffrage ? Will the latter be so
in case of a suffrage confined to the holders of property ?
As the holders of property have at stake all the other rights common
to those without property, they may be the more restrained from in-
fringing, as well as the less tempted to infringe, the rights of the lat^
ter. It is nevertheless certain that there are various ways in which
the rich may oppress the poor ; in which property may oppress liberty ;
103
APPSNDIX TO TBB DEBATES.
and that ib« world ii filled with cstmple*. It ia n
poor •Kould hmre a d«feDc« againit the danger. -
On the other hand, the dangei to the boldera of property caonot be
diiguiied, if ihef be uodefended againit a majority without property.
Bodies of men are not Im swayed by interest tban individuals, and
tie leiB controlled by the dread of reproach and the other motiTei
felt by indiriduali. Hence the liability of the rigbti of property, and
of [he impartisLty of lawi afieciing it, to be Tiolaled by Legiilative
ip^orities havingan interest, real or nippoied, in the iqinstice — hence
■gnrian laws, and other lerelliog echemea— hence the cancelling or
evading of debta, and other violationa of conUacta. We must not
■hut our eyes to the nature of man, nor to the light of experience.
Who would rely on a fair decision from three mdividuaU if two had
an interest in the case opposed Co the rights of the third 1 Make the
number as great as yon please, the impartiality will not be increased,
nor any ftinhei security against injustice be obtained, than what may
result from the greater difficulty of uniting the wills of a greater nnnt-
bar. In all goremments there ia a power which is capable of opprae-
sire exercise. In monarchies and aristocracies oppression proceeds
from a want of sympathy and responsibility in the goremment towards
the people. In popular govemmeots the danger lies in an undue sym-
pathy among indi*tdoals composing « majority, and a want of respon-
sibility in the mnjority to the minority. The cbaraoterisiic excelleikce
of the political system of the United States arises from a diitribuiion
and orgaoization of its powers, which, ai the same time that they secure
the dependence of the Qoremment on the will of the nation, provide
better guards than are found in any other popular goremnWDt against
intetested combinations of a majority against the righta of a minority.
The United States have a precious advantage, also, in the acioal
distribution of property, particularly the landed property, and in the
▲ PPSNDIX TO THB DBBATB8. XI
wSrage, vestiog complete power o?er property in hands without a
share in it— not to speak of a danger in the meantime from a depend-
ence of an increasing number on the wealth of a few ? In other
countries this dependence results, in some from the relations between
landlords and tenants, in others both from that source and from the
relations between wealthy capitalists and indigent laborers. In the
United States the occurrence must happen from the last source ; from
the connection between the^ great capitalists in manufactures and
commerce, and the numbers employed by them. Nor will accumula-
tions of capital for a certain time be precluded by our laws of descent
and of distribution; such being the enterprise inspired by free
institutions, that great wealth m the hands of individuals and associ-
ations may not be unfrequent. But it may be observed, that the op-
portunities may be diminished, and the permanency defeated, by the
equalizing tendency of our laws.
No free country has ever been without parties, which are a natural
ofispring of freedom. An obvious and permanent division of every
people is into the owners of the soil and the other inhabitants. In a
certain sense the country may be aaid to belong to the former. If
each landholder has an exclusive property in his share, the body of
landholders have an exclusive property in the whole. As the soil
becomes subdivided, and actually cultivated by the owners, this view
of the subject derives force from the principle of natural law which
vests in individuals an exclusive right to the portions of ground with
which they have incorporated their labor and improvements. What-
ever may be the rights of others, derived from their birth in the
country, from their interest in the highways and other tracts left
open for common use, as well as in the national edifices and monu-
ments ; from their share in the public defence, and from their concur-
rent support of the Government, it would seem unreasonable to extend
the right so far as to give them, when become the majority, a power
of legislation over the landed property, without the consent of the
proprietors. Some shield against the invasion of their rights would
not be out of place in a just and provident system of government.
The principle of such an arrangement has prevailed in all govern-
ments where peculiar privileges or interests, held by a part, were to
be secured against violation ; and in the various associations where
pecuniary or other property forms the stake. In the former case a
defensive right has been allowed ; and if the arrangement be wrong, it
is not in the defence, but in the kind of privilege to be defended. In
the latter case the shares of suffrage allotted to individuals have been,
with acknowledged justice, apportioned more or less to their respect^
ive interests in the common stocL
zu
APPXNBIX TO THB DBBATES.
TheM r«fl«ctioii) aimgeat the eipediency or inch e modifteRtton oT
gOTcrnmeDt aa woald give •eeurity to the part of the societjr having
aunt at itake, and being most exposed to danger. These modiBca-
tions present themselves.
1. Ctmfifiing Ifae right of sofilage to freeholden, aad to such as
hold aa equivalent property, convertible of course into freeholds.
The objection to this regulation is obvious. It violates the vital prin-
ciple of free govemmeDt, that those who are to be bonod hf laws
ought to have a voice in uiBkitig them. And the violstion would be
niore siriliingty unjust ss the law okakers become the minoriff. The
regnlatioa would be as nnpropitious, also, as it wonld be unjnst. It
would engage the numerical and physical force io a constant struggle
agaiost the public authority, unless kept down by a standing army
fatal to all parties.
3. ConfioiDg the right of safirage for oae branch to the holders of
property, and for the other branch to those without property. This
arrangement, which would give a mntnal defence, where there might
be mutual danger of encroachment, has an aspect of equality end
fkiraess. But it would not be in tact either equal or fair, because the
rights to be defended would be unequal, being on one side those of
property as well as of persons, and on the other those of persons only.
The temptation, also, to encroach, though in a certain degree mutual,
would be felt more strongly on one side than on the Other. It would
be more likely to beget an abuse of the Legislative negative, in extort-
ing cjincessions at the expense of property, than the rererse. The
divisioD of the state into two classes, with distinct and independent
organs (J power, and without any intermingled agency whatever,
might lead to contests and antipathies not dissimilar to those between
the Patricians and Plebeians at Rome.
APPENDIX TO THB DBBATBS. xiii
New York, and has been abandoned, — whether from experienced
evils, or party calculations, may possibly be a question. It is still on
trial in North Caroliua, — with what practical indications, b not
known. Il is certain that the- trial, to be satisfactory, ought to be con-
tinued for no inconsiderable period ; until in fact the non-freeholders'
should be the majority.
4. Should experience or public opinion require an equal and uni-
Tersal sufirage for each branch of the government, such as prevails
generally in the United States, a resource favorable to the right of the
landed and other property, when its possessors become the minority,
may be found in an enlargement of the election districts for one
branch of the Legislature, and a prolongation of its period of service.
Large districts are manifestly favorable to the election of persons of
general respectability, and of probable attachment to the rights of prop-
erty, over competitors depending on the personal solicitation practica-
ble on a contracted theatre. And although an ambitious candidate, of
personal distinction, might occasionally recommend himself to popular
choice by espousing a popular though unjust object, it might rarely
happen to many districts at the same time. The tendency of a longer
period of service would be to render the body more stable in its
policy, and more capable of stemming popular currents taking a wrong
direction, till reason and justice could regain their ascendancy.
5. Should even such a modification as the last be deemed inadmis«
sible, and universal suflfrage, and very short periods of election, within
contracted spheres, be required for each branch of the Groyemment,
the security for the holders of property, when the minority, can only
be derived from the ordinary influence possessed by property, and the
superior information incident to its holders ; from the popular sense
of justice, enlightened and enlarged by a diflusive education; and
from the difficulty of combining and effectuating unjust purposes
throughout an extensive country, — a difficulty essentially distinguish-
ing the United States, and even most of the individual States, from
the small communities where a mistaken interest, or contagions
passion could readily unite a majority of the whole under a factious
leader, in trampling on the rights of the minor party.
Under every view of the subject, it seems indispensable that the
mass of citizens should not be without a voice in making the laws
which they are to obey, and in choosing the magistrates who are to
administer them. And if the only alternative be between an equal
and universal right of suffrage for each branch of the government, and
a confinement of the entire right to a part of the citizens, it ia better
that those having the greater interest at stake, namely that of property
and peracms both, shoald be deprived of half their share in the gov*
ZIT APPENDIX TO THE DEBATES.
asBMnt, than, that thoM hiTing the lesser interest, dtat of penonal
li^ti only, should be deprired of the whole.
The right of soffrage being of rital importance, mad approving an
extension of it to boasekeepers and heads of families, I will snggest
a few considerations which ^rern my judgment on the subject
Were the Conslitntion on hand to be adapted to (he present cirenm-
■tancea of oar conntiy, without taking intoriew the changes which time
is rapidly prodocing, annnliniited estenaionof the right would proha-
bly Tary Utile the character of our public councils or measures. But
as we are to prepare a system of goverament for a period which it is
hoped will be a long one, we mnst look to the prospective changes in
the condition and composition of the society on which it is to act.
It is a law of nature, now well understood, ibst the earth under a
civilized cultiTation is capable of yielding lubtistence for a large
surplus of consumers, beyond those baring an immediate interest in
the soil; a surplus which must increase-with the increasing improve-
ments in agriculture, and the labor-saving arts applied to iL And it
M a lot of humanity, that of Ibis surplus a large pmportioit h neesssa-
lily reduced, by a competition for employment, to wages which afford
tbam the bare necesaaries of life. The -pfqxHlioii being without
property, or the hope of acquiring it, cannot he expected to sympathize
nfficieoily with its rights, to be safe depositories of power over thom.
What is to be done with this nafavored class of the community )
If it be, on one band, unsafe to admit them to a full share of political
power, it must be recollected, on the other, that it cannot be expedient
ipublican govemment on a portion of society haviaif
APPENDIX TO THB DEBATES. XV
fonn tae safest basis of free government To the security for such a
govenunent, afforded by these combined numbers, may be further
added the political and moral influence emanating from the actual
possession of authority, and a just and beneficial exercise of it.
It would be happy if a state of society could be found or framed, in
which an equal voice in making the laws mi^t be allowed to every
individual bound to obey them. But this is a theory, which, like most
theories, confessedly requires limitations and modifications. And the
only question to be decided, in this as in other cases, turns on the
particular degree of departure, in practice, required by the essence and
object of the theory itself.
It must not be supposed that a crowded state of population, of which
we have no example, and which we know only by the image reflected
from examples elsewhere, is too remote to claim attention.
The ratio of increase in the United States shows that the present
12 millions will, in 25 years, be 24 millions.
24 « « 50 years, 48 «
48 « « 75 years, 96 "
96 " " 100 years, 192 «
There may be a gradual decrease of the rate of increasie ; but it will
be small as long as the agriculture shall yield its abundance. Great
Britain has doubled her population in the last 50 years; notwithstand-
ing its amount in proportion to its territory at the commencement of
that period ; and Ireland is a much stronger proof of the efiect of an
increasing product of food in multiplying the consumers.
How far this view of the subject will be affected by the republican
laws of descent and distribution, in equalizing the property of the citi-
zens, and in reducing to the minimum mutual surpluses for mutual
supplies, cannot be inferred from any direct and adequate experiment.
One result would seem to be a deficiency of the capital for the expen-
sif e establishments which facilitate labor and cheapen its products,
on one hand ; and on the other, of the capacity to purchase the costly
and ornamental articles consumed by the wealthy alone, who must
cease to be idlers and become laborers. Another, the increased mass
of laborers added to the production of necessaries, by the withdrawal,
for this object, of a part of those now employed in producing luxuries,
and the addition to the laborers from the class of present consumers
of luxuries. To the efiect of these changes, intellectual, moral, and
social, the institutions and laws of the country must be adapted, and
it will require for the task all the wisdom of the wisest patriots.
Supposing the estimate of the growing population of the United
States to be nearly correct, and the extent *bf their territory to be eight
or nine hundred millions of acres, and one-fourth of it to consist of
Xn APPBNDIX TO TBB DBBATBB.'
ismble nufsce, there will, in a ceDtorr or little more, be nttrlf h
eiowded a populalion io the Uoited States ai En Great Britaio or
Fiance, and if the preteot conititutioa of [of Virginia], with all ita
flaws, hai lasted more than half a century, it Is not an nnreatonable
hope that an amended one will last more than a cenlurr.
IT theie obaerrations be just, every mind will be able to derelope
and appi J Ihem.
NO. 6.
OUT or A FAPBR COMiniNICATED TO iUOa MASmOS BT COl. HAWITON,
ABOVT THE CLOSE OF THE CONVENTION IN nilLADELPRIA, 1787, WHICH,
HS Un^ DKLtMStTED THE CONBTmiTION WHICH HE WOULD HAVE WISH-
ED TO BE ntOKMED BV TBB CONVENTION. HE HAD STATU) IBB FEIN-
caPLU OF rriN the gourbe of the deuwutions,
Ncm^^tc UIKkiii,umDu1h««>pTorihBfoU(iwlD|pa)>flr, IslDthflhud-writhifafHr.
IfADUOKf ud lh« whole miauKripti uid Uib paper oa whJch il ii wrluea, GoiTeip«ide with
Iba Dcbuei Id the CoDTsntloa wUi ablnti tl vu preHned. The doeumeit wu placed Jn
Mr. KuHiDiI'i huiU for preiemrioa bj CoIddcI Huhltoh, who regudcd Hue p«T-
ItiaDiDe,tluii.ihearlgliu] ahould be kapi, Hi. HiDTiaii remnied it, lofcrrDlut him that b*
Maacid ID Doctor Bamt, [Ht larisr of Dociar Evma lo 1. HuehOK 3B^i Apri^ ISII^]
tkMtlM<irttlDaIraiDaiDedamoD(thepap«raIeabTCok«al HuILtM.
In a iaUT to Mr. Fickarlnt, daud Sept IGih, ISKO, (lee nikin'* HImoit, Vol % p^ SBt-tO)
at the Pre^enllal tans la three jama, Thli InaUnle of the UUbilUr of Coleoal Haho^
loiCa caaaorr, ai wtB •* bli erroBeoaidlHilbDilaaiirEheiiumberaor the "FedeiaUa,"
amoaj the dlflerent mltan fcr that work, H haab»aB Itaa lotaf Mr. lUBiaiai to rectUy;
and It bftunu iaeanibcilt, bi Ihe prcKol Loataoee, ftnm the eonleiila of the plan harlni
been aeen bf oUien (prerkHial; ai ■ill u aafaaaquaatlT la Um pnbUcaUoD of CoboiMl
HaxiLTa*'* Miei) Ibal tl, aln, a>K»ild he pubUihed.
APPENDIX TO T^E DEBATES, XVli
Abticlb 2.
Sec. 1. The Assembly shall consist of persons to be called Repre-
sentatives, who shall be chosen, except in the first instance, by the
free male citizens and inhabitants of the several States comprehended
in the Union, all of whom, of the age of twenty-one years and up-
wards, shall be entitled to an equal vote.
Sec. 2. But the first Assembly shall be chosen in the manner pre-
scribed in the last Article, and shall consist of one hundred members ;
of whom New Hampshire shall have five ; Massachusetts, thirteen ;
Rhode Island, two; Connecticut, seven; New York, nine; New
Jersey, six; Pennsylvania, twelve; Delaware, two; Maryland, eight ;
Virginia, sixteen; North Carolina, eight; South Carolina, eight;
Georgia, four.
Sec. 3. The Legislature shall provide for the future elections of
Representatives, apportioning them in each State, from time to time,
as nearly as may be to the number of persons described in the fourth
Section of the seventh Article, so as that the whole number of Rep-
resentatives shall never be less than one hundred, nor more than — -
hundred. There shall be a census taken for this purpose within three
years after the first meeting of the Legislature, and within every suc-
cessive period of ten years. The term for which Representatives
shall be elected shall be determined by the Legislature, but shall not
exceed three years. There shall be a general election at least once
in three years, and the time of service Of all the members in each
assembly shall begin, (except in filling vacancies) on the same day,
and shall always end on the same day.
Sec. 4. Forty members shall make a House sufiScient to proceed to
business, but their number may be increased by the Legislature, yet
so as never to exceed a majority of the whole number of Represen-
tatives.
Sec. 5. The Assembly shall choose its President and other officers ;
shall judge of the qualifications and elections of its own members ;
punish them for improper conduct in their capacity of Representatives,
not extending to life or limb ; and shall exclusively possess the power
of impeachment, except in the case of the President of the United
States ; but no impeachment of a member of the Senate shall be by
less than two-thirds of the Representatives present.
Sec. 6. Representatives may vote by proxy ; but no Representative
present shall be proxy for more than one who is absent.*
Sec. 7. Bills for raising revenue, and bills for appropriating monies
for the support of fleets and armies, and for paying the salaries of the
* Qatrer-to proflde Ibr dMut aiatMl
103*
Xviii APPENDIX TO THE DEBATES.
officen of GoT«iiment, shall origioate io the wiemblf ; but may bo
altered sod amended bf ihe Senate.
Sec 8. The acceptanee of an office under tho United States b]r a
Repnaentatire ahall vacate hii seat in the Asiemblj.
Articls 3.
Sec. 1. The Senate shall conaist of penoos to be choseo, eicepi
in the first iostance, bj Electors elected for that purpose by the citi-
zens and inhabilanta of the several Stales, comprehended io the
Uoiou, who shall have, in their own tight, or in the right of their
wives, an estate in land for not less than life, or a term of years
whereof, at the time of giving their votes, there ahall be at least four-
teen years Unexpired.
Sec. 2. But the first Senate shall be chosen in the manner pre-
scribed in the last Article j and shall consist of forty memberi, to be
called Senators i of whom New Hampshire shall have - — ; Massa-
chusetts, ; Rhode Island ; Connecticut, — ^; New York,
•^^ ; New Jersey, ; Pennsylvania, ■ ■; Delaware, ;
Maryland, — ; Virginia, ; North Carolina, j South Car-
olina, i Georgia, .
Sec. 3. The Legislature Bhalj provide for the future elections of
Senators, for which purpose the States, respectively, which have
more than one Senator, shall be divided into convenient districts, to
which the Senators shall be apportioned. A State having but one
Senator, shall be itself a district. On the death, resignation, or re-
moval from office, of a Senator, his place shall be supplied by a new
election in the district from which be came. Upon each election there
ahall be not less than six, nor more than twelve, electors chosen in a
district.
. The number of Senators ahall never be leas than forly.
APPENDIX TO THE DEBATES. xix
See. 6. The Senators sliall hold their places during good behaviour,
temoTable only by conviction, on impeachment, for some crime or
misdemeanor. They shall coi^tinue to exercise their offices, when
impeached, until a conviction shall take place.- Sixteen Senators at-
tending in person shall be sufficient to make a House to transact busi-
ness ; but the Legislature may increase this number, yet so as never
to exceed a majority of the whole number of Senators. The Sena-
tors may vote by proxy, but no Senator who is present shall be proxy
for more than two who are absent.
Sec. 7. The Senate shall choose its President and other officers ;
shall judge of the qualifications and elections of its members ; and
shall punish them for improper conduct in their capacity of Senators ;
but soch punishment shall not extend to life or limb, nor to expulsion.
In the absence of their President they may choose a temporary Presi-
dent The President shall only have a casting vote when the House
is equally divided.
Sec. S. The Senate shall exclusively poijsess the power of declar-
ing war. ^to treaty shall be made without their advice and consent ;
which shall also be necessary to the appointment of all officers except
such for which a different provision is made in this Constitution.
Abticlb 4.
Sec. 1. The President of the United States of America, (except
in the first instance), shall be elected in the manner following: The
Judges of the Supreme Court shall, within sixty days after a vacancy
shall happen, cause public notice to be given, in each State, of such
vacancy ; appointing therein three several days for the several pur*
poses following — to wit, a day for commencing the election of Electors
for the purposes hereinafter specified, to be called the First Electors,
which day shall not be less than forty, nor more than sixty days, after
the day of the publication of the notice in each State ; another day for
the meeting of the Electors, not less [than] forty, nor more than ninety,
days from the day for commencing their election ; another day for the
meeting of Electors to be chosen by the First Electors, for the purpose
hereinafter specified, and to be called the Second Electors, which day
•hall be not less than* forty, nor more than sixty, days after the day for
the meeting of the First Electors.
Sec. 2. After notice of a vacancy shall have been given, there shall
be chosen in each State, a number of persons, as the First Electors in
the preceding section mentioned, equal to the whole number of the
Representatives and Senators of such State in the Legislature of
the United States ; which Electors shall be chosen by the citizens
of inch State having an estate of inheritance, or for three lives, in
XX
APPENDIX TO THE DEBATES.
hnd, or ■ el«>r pnwnal utate of ihe Tklue of dm thouud Bpuith
milled dolluf of the preMot atuidud.
Sm- 3. TheM Pint Electors ihtll meet, in their teipeotiTe Btttos,
Blithe time ippoiBtedgat one pUee; and ihall piocead to *aU bf bal-
lot for a Praeident ; who shall not be one of tbeii own iMimbw, unleaa
' the Legieliture opoo expetimeot ihould hBiaaflei direct olhenfiie.
Ther ahall cauia two liatt to be made of the name or oamee of the
penon or pcnoni voted for, which they, or the major part of them,
shall sign and certify. They ihalt then proceed each to Dominate,
openly, in the preeeikceof the others, two penoniaafbr Second Elect-
on ; and ont of the persons who shall hare the four highest numbers
of Domioatuns, they shall afterwards by ballot, by plurality of
votes, choose two who shall be the Second Blectoia, to each of whom
shall be delivered ooaof the lists before mentioned. These Second
Electors shell not be any of the persons voted for.aa PresidenL A
copy of the same list, signed and certified in like manner, shall be
tiaDsmitted by the First Electors to the seat of the gorenunent ^ the
United States, under a sealed cover directed to the President of the
Assembly ; which, sfler the meeting of the Second Electors, shall be
opeoed for the inspection of the two Houses of the Legislature.
Sec. 4. The Second Electors shall meet precisely on the day aj^
pointed, and not on another day, at one place. The Chief Justice of
the Supreme Court ; or if there be no Chief Justice, thf Judge senior
in dffice in such Court; or, if there be no one Judge senior in office^
some other Judge of tbst Court, by the ehtuce of the rest of the
Judges, or of a majority of them, shall attend at the same place, and
ihall preside ul the meeiiog, but shall hare no vote. Two-thirds of the
whole number of the Elector* shall constiiote a sufficient meeting foi
the execution of their trust. At this meeting the lists delivered to
APPENDIX TO THE DEBATES. XXi
Sec. 5. If it shoald happen that the Chief Joatice or aome other
Judge of the Supreme Court ahould not attend in due time, the Second
Blectora shall proceed to the execution of their trust without him.
Sec. 6. If the Judges should neglect to cause the notice required hf
the first aection of this article to he given within the time therein
limited, they may ner ertheless cause it to be aAerwards given ; hut
their neglect, if wilful, is hereby declared to be an ofience for which
they may be impeached, and if convicted they shall be punished as in
other eases of conviction on impeachment.
Sec. 7. The Legislature shall, by permanent laws, provide such
further regulations as may be necessary for the more orderly election
of the President, not contravening the provisions herein contained.
Sec. 8. The President, before he shall enter upon the execution
of his office, shall take an oath, oir affirmation, faithfully to execute the
same, and to the utmost of his judgment and power to protect the
rights of the people, and preserve the Constitution inviolate. This
oath, or affirmation, shall be administered by the President of the
Senate for the time being, in the presence of both Houses of the Le-
gislature.
Sec. 9. The Senate and the Assembly shall always convene in
session on the day appointed for the meeting of the Second Electors,
and shall continue sitting till the President take the oath, or affirma-
tion, of office. He shall hold his place during good behaviour,* re*
movable only by conviction upon impeachment for some crime or
misdemeanor.
See. 10. The President, at the beginning of every meeting of the
Legislature, as soon aa they shall be ready to proceed to business,
sball convene them together at the place where the Senate shall sit,
and shall communicate to them all such matters as may be necessary
for their information, or as may require their consideration. He may
by message, during the session, communicate all other matters which
may appear to him proper. He may, whenever in his opinion the
public business shall require it, convene the Senate and Assembly, or
either of them, and may prorogue them for a time, not exceeding forty
days at one prorogation ; and if they should disagree about their ad-
journment, he may adjourn them to such time as he shall think pro-
per. He shall have a right to negative all bills, resolutions, or actS)
of the two Houses of the Legislature about to be passed into laws.
H^ shall take care that the laws be faithfully executed. He shall be
the Commander-in-chief of the army and navy of the United Slates,
and of the militia within the several States, and shall have the direc-
*Bee GditorU note at the begriming of this plan.
xvii APPENDIX TO THE DEBATES.
tton of wir when commenced ; bat he shall not ti^ the actoal com-
mtod, ID Um field, of ui wmj, without the conaeat of the Senate and
AHembly. AU treaties, conventioDa and agreemeota with foreign
nationa shall be made bjr him, bf and with the adrice and consent of
the Seoate. He shall have the appointmeitl of the principal or ebiof
cfficera of eact( of the Departntants of War, Naval Aflairs, Financs
tnd Foreign Aflaira ; and shall bare the nomination, and by and with
the consent of the Senate, the appointment of all other officers to be
appointed under the autboritr of the United StAtes, except such for
whom different provision is made by this Constitution ; and provided
that this shall not be construed, to prevent the Legislature from ap-
pointing, bf name in their laws, persons to special and particular trusts
created in such laws ; nor shall be construed to prevent principals in
offices merelf ministerial from constimting depniies. In the recess of
the Senate he may fill vacancies in officea, by appointments to contion*
in force until the end of the next session of the Senate. And he shall
commiasion all officers. He shall have power to pardon all odencea,
except treason; for which be may gnwt reprieves, until the qwiion of
the Senate and Assembly can be had; and with their concnrrence
may pardon the same.
Sec. 11. He ahatl receive a fixed compensation for his services, to
be paid to bim at stated times, and not to be increased nor diminished
during his continuance in office.
Sect. IS. If he depart out of the United States without the consent
of the Senate and Assembly, he shall thereby abdicate hia o^ce.
Sec. 13. He may be impeached for any crime or misdameaoor by
the two Houses of the Legislature, two-thitda of each House con-
Gturing ; aad if convicted ahall be removed from offiee. He may be
aAerwards tried and punished in the ordinary course of Uw. His im-
peachmeni shall operate as a suspeoajon from office until the deiermi-
APPENDIX TO THE DEBATES. XXQi
behaviour, remoTable only hj eonvictioo on impeachment for some
crime or misdemeanor. Each Judge shall hare a competent salary,
to be paid to him at stated times, and not to be diminished during his
continuance in office. *
The Supreme Court shall have original jurisdiction in all causes in
which the United States shall be a party ; in all controversies between
the United States and a particular State, or between two or more
States, except such as relate to a claim of territory between the United
States and one or more States, which shall be determined in the
mode prescribed in the sixth article, in all cases affecting foreign
ministers, consuls and agents ; and an appellate jurisdiction, both as
to law and fact, in all cases which shall concern the citizens of
foreign nations; in all questions between the citizens of different
States ; and in all others in which the fundamental rights of this
Constitution are involred, subject to such exceptions as are herein
contained, and to such regulations, as the Legislature shall provide.
The Judges of all courts which may be constituted by the Legisla-
ture shall also hold their places during good behaviour, removable
only by conviction, on impeachment, for some crime or misdemeanor;
and shall have competent salaries, to be paid at stated times, and not
to be diminished during their continuance in office; but nothing herein
contained shall be construed to prevent the Legislature from abolish-
ing such courts themselves.
All crimes, except upon impeachment, shall be tried by a jury of
twelve men ; and if they shall have been committed within any State,
shall be tried within such State ; and all civil causes arising under
this Constitution, of the like kind with those which have been hereto-
fore triable by jury in the respective States, shall in like manner be
tried by jury ; unless in special cases the Legislature shall think pro-
per to make different provision ; to which provision the concurrence of
two-thirds of both Houses shall be necessary.
Sec. 2. Impeachments of the President and Vice President of the
United States, members of the Senate, the Governors and Presi-
dents of the several States, the principal or chief officers of the De-
partments enumerated in the tenth section of the fourth article. Am-
bassadors, and other like public ministers, the Judges of the Supreme
Court, Grenerals, and Admirals of the navy, shall be tried by a court
to consist of the Judges of the Supreme Court, and the Chief Justice,
or first or Senior Judge of the Superior Court of law in each State, of
whom twelve shall constitute a court. .A majority of the Judges
present may convict. All other persons shall be tried, on impeach-
ment, by a court to consist of the Judges of the Supreme Court, and
six Senators drawn by lot ; a majority of whom may convict.
XxiV A.PPBND1X TO THB DEBATB8.
LnpeaduMBtt duJI clemilf ipeeify the particaliT offence for which
die put7 MBiued ii to be tritd, «nd judgroeot on oooTictioD, apon ili«
trial ihatw^ ahaU be, either remoral from t^ce HBgl^ , or removal
fh)m office end diaqiuIificatioD for holding iny future office or place
of (nut; bnt no judgment on impeachment ahall prerent prtMecation
and paniahmeDt in the ordinary couraeof law; provided, that no judge
ooBMHad in iueb eonriction ihsU lit as judge on the second trial.
Tha Legialaton mair remove the diaabilitiea incurred by conviction
ra impeachment.
AancLB 6.
Conlroveriies about the right of teidtory between the tJnited Stiles
and particular States shall be detennined by a court to be constituted
in manner following. The State or States claiming in oppoution to
the United State*, aa parties, aball nominate a number of persons,
eqoal to double the number of the Judges of the Sopreme Covrt for
the time being, of whom none shall be citizens by birth of the States
which are parties, nor inhabitants thereof when nominated, and of
whom not more than two shall have their aem^ residence in one
State. Out of the persons so nominated the Senate shall elect one-
half, wlio, together with the Judges of the Supreme Court, shall form
the court. Two-thirdj of tlie whole Dumber may hear and determine
the controversy, by plurality of voice*. The States coneemed may,
at t^air option, claim a decision by the Sopreme Court only. All the
nMObars of the court hereby instituted aball, prior to the hearing of
the cause, take an oath, impartially and according to the best of their
judgments and consciences, to hear and determine the ooatroversy.
AuTici* 7.
APPENDIX TO THB DBBATB8. tXV
8ec. S. The enacting style of all laws shall be: <'Be it enacted hf
the people of the United States of America.'^
Sec. 3. No bill of attainder shall be passed, nor any ex poit facto
law ; nor shall any title of nobility be granted by the United States,
or by either of them ; nor shall any person holding an office or place
of trust under the United States, withoat the permission of the Legis-
lature, accept any present, emolument, office, or title, from a foraign
prince or state. Nor shall any religious sect, or denomination, or le-
ligiotts test for any office or place, be ever established by law.
Sec. 4. Taxes on lands, houses and other real estate, and capitation
taxes, shsli be proportioned, in each State, by the whole number of
free persons, except Indians not taxed, and by three-fifths of all other
persons.
Sec. & The two Houses of the Legislature may, by joint ballot, sp-
poiot a Treasurer of the United States. Neither House, in the ses-
sion of both Houses, without the consent of the other, shall sdjoum
for more than three days at a time. The Senators and Representa*
tives, in attending, going to, and coming from, the session of their
respective Houses, shall be privileged from arrest, except for crimes,
and breaches of the peace. The place of meeting shall always be at
the seat of government, which shall be fixed by law.
Sec. 6. The laws of the United States, and the treaties which
have been made under the Articles of the Confederation, and which
shall be made under this Constitution, shall be the supreme law of
the land, and shall be so construed by the courts of the several
States.
Sec 7. The Legislature shall convene at least once in each year ;
which, unless otherwise provided for by law, shall be on the first
Monday in December.
Sec. 8. The members of the two Houses of the Legislature shall
receive a reasonable compensation for their services, to be paid out of
the Treasury of the United States, and ascertained by law. The law
for making such provision shall be passed with the concurrence of
the first Assembly, and shall extend to succeeding Assemblies ; and
no succeeding Assembly shall concur in an alteration of such provis-
ion so as to increase its own compensation ; but there shall be always
a law in existence for making such provision.
AancLE 8.
Sec. 1. The Governor or President of each State shall be ap-
pointed under the authority of the United States, and shall have a
right to negative all laws about to be passed in the State of which he
shall be Gk)vemor or President, subject to such qualifications and reg-
104
XZTl APPENDIX TO THE DEBATES.
nlaiiou, u the Legislaiure of the United Sutei aball preicribe. He
■hall ID other retpects ha*e ihe game powers only which the CoBitt-
tatios of the Stale does oi shill allow to it> OoTernor or Preiidenl,
except M to the sppoiDtmeot of ofEeera of the militia.
Sec. 2. Each Oorernor or Presidenl of a State ahalt hold hi*
office until a sacceseor be aetaally appointed, unleis he die or Ktign.
01 be removed from office by cooTJctioD oo impeachment There
•bill be no ■ppoioimeni of aucb GoTeraoi oi PreiideDt in the leceaa
of the Senate.
The Governors and Presidents of the eeveral States, at the time of
the ratification of this Constitution, shall cunlinoe in office in the
same manner and with the tame powen as if they had been eppointed
pursuant to the Gnt section of ibis article.
The officers of the militia in the several States may be appointed
nnder the authority of the United States ; Ihe Legiilalnre whereof
me; aothorixe the Governor* or Presidenu of Stales to mtke sacb
appointments, with such restrictions at Ihey shall think proper.
ABTtctj9.
Sec- I. No person shall be eligible to ibe office of President of
the United States unless he be now a citizen nf one of the States, or
hereafter be horn a citizen of the United States.
Sec. 2. No person shall be eligible as ■ Senator or Repreeentatire,
uoleM at the time of hii election he be a citizen and inhabitant of the
State in which he is chosen; provided, that he shall not be deemed
to be dieqaaliSed by a temporary absence from the State.
Sec. 3. No person entitled by this Constitution to elect, or to be
elected, President of the United States, or a Senator or Representa-
tive in the LegislatQie thereof, shall be disqualified bat by the convic-
tion of some offence for which the law shall have previously or-
APPENDIX TO THB DEBATES. XXVli
tn another, shall ba delirered up, on the application of the State from
which they fled.
Bee 7. No new State shall be erected within the limits of another,
or by the junction of two or more States, without the concnrrent
consent of the Legislatures of the United States, and of the States
concerned. The Legislature of the United States may admit new
States into the Union.
Sec. 8. The United States are hereby declared to be bound to
guarantee to each State a republican form of goremment ; and to pro-
tect each State as well against domestic Tiolence, as foreign ia«
▼asion.
Sect 9. All treaties, contracts and engagements of the United
States of America, under the Articles of Confederation and perpetual
union, shall have equal validity under this Constitution.
Sec. 10. No State shall enter into a treaty, alliance or contract
with another, or with a foreign power without the consent of the
United States.
Sec. 11. The members of the Legislature of the United States
and of each State, and all officers. Executive and Judicial, of the one
and of the other, shall take an oath, or affirmation, to support the
Constitution of the United States.
Sec. 12. This Constitution may receive such alterations and
amendments as may be proposed by the Legislature of the United
States, with the concurrence of two-thirds of the members of both
Houses ; and ratified by the Legislatures of, or by Conventions of
Deputies chosen by the people in, two-thirds of the States compo-
sing the Union.
Article 10.
This Constitution shall be submitted to the consideration of Con-
ventions in the several States, the members whereof shall be chosen
by the people of such Slates, respectively, under the direction of
their respective Legislatures. Each Convention which shall ratify
the same, shall appoint the first Representatives and Senators from
such State according to the rule prescribed in the section of the
article. The Representatives so appointed shall continue in
office for one year only. Each Convention so ratifying shall give
notice thereof to the Congress of the United Stales, transmitting at
the same lime a \\»t of the Representatives and Senators chosen.
When the Constitution shall have been duly ratified, Con<?ress shall
give notice of a day and place for the meeting of the Senators and
XXVUl
APPENDIX TO TBB DBBATI8.
RepreMBtUiru from ihe icTeral Bieiea ; and when thne, or a tut-
jodl; of them, shall ha7e asiembled according to lueh notice, they
shall by joint ballot, by plaialily of rotes, elect a President of the
United States; and the Conititntian thus oigaoiied shall be carried
into effecL
REFERENCES.
»>
ll
1-
REFERENCES.
Note 1, paob 39L
PaUic Joornala of Congren, 29th July, 1775, toI 1, page 130; 26th Deoem*
ber, 1775, toL 1, page 215; 9th May, 1776, toI. 1, page 338; 14th October,
1777, Tol. 2, page 288; 15ch November, 1777, toI. 2, page 332; 23d June,
1778, vol fl^ pagea 600, 601 ; 25th June, 1778, vol. 2, pages 604, 607; lit
liaxeh, 1781, vol. 3, page 588.
Secret Journals of Congress, (Domestic Affkirs,) 21it July, 1775, vol. 1,
page 285; 12th July, 1776, vol. 1, page 294; 20th August, 1776, vol. 1, page
307; 9th to 14th October, 1777, vol 1, page 323 to 326.
Franklin's Woiks, ( Sparks* edition, ) vol 5, page 93.
Non 2, PAOC 39.
Public Journals of Congress, 5th September, 1774, vol 1, page 7 ; 7th October,
1777, vol 2, page 279 ; 15ih November, 1777, vol 2, page 331 ; 1st March, 1781,
vol 3, page 567.
fleoret Journals of Congress, (Domestic Affairs,) 21st July, 1775, vol. 1,
page 286; 12th July, 1776, vol 1, page 297; 20tb August, 1776, vol 1,
page 309.
Franklin's Works, ( S^parks* edition, ) vol 5, page 93.
See Debates bek>w, page 995.
NOTB 3, PAGE 55.
See Correq;>ondence below, pages 99, 102, 106.
Journal of House of Delegates of Virginia, 10th December, 1779, page 84.
Public Journals of Congress, 14th September, 1779, vol. 3, page 359; 29tb
October, 1779, vol 3, page 333; 30th October, 1779, vol 3, page 384; 6ih
September, 1780, vol 3, page 516; 10th October, 1780, vol 3, page 535.
The motion of Mr. Madison aa to previous purchasers is not in the printed
journals, but will be found in the Archives of the Department of State, No. 36,
liber 6.
Washington's Writings, 3d April, 1780, vol 7, page 11 ; 4th October, 1780,
vol. 7, page 223; 11th October, 1780, vol. 7, page 245.
Public Journals of Congreas, 12th Apnl, 1780, vol 3, page 447; 3d October,
1780, vol. 3, page 532; 21st October, 1780, vol 3, page 538.
XXXa TABLE OF SKFERBITCEI.
"Dttn i* in tha ArchiTca of the Deputment of Stou, No. 11, • MS. loaml
oCPraoeadiBC* of tha Gommiius appointed brCongnM to repair Iohead>
qnarKn in 1180."
Nim 4, nam 68.
Public Journab of Confrm, S3d SqMcmber, 1180, vol S, page 599.
Waihiugton'i Writing*, 6tli Ocubar, ITaO, toI. 7, pagea SM, 6S8l
NoTi 6, rtoK fiS.
Public Jooniala of Ci>Dgreia,S(ltb Tannary, 1719, toI. 3, pap 187; IBtl) April,
1779, ToL 3, pae<961; 90tb AprU, 1779, *oL S, page SU; 30th April, 177»,
▼dL S, page SG& i 3d May, 1779, vol. 3, page 96S; 8U> June, 1779, toI. 3, paga
>09; 13th Odobei, 1779, toL 3, page 375.
SacrM JoQiuala of Congitaa, ( Fonign Affiun, ) 16th October, 1778, tdI. 9,
pHgaUB.
Diptomatic Coneapondaiwe, ( FiratSeriaa,) S8lh Januaiy loSSth Jdm, 1716,
toL 9, page 379 to 417; IM June, 177B, toL 9, page 169; 9ad Bcptaibv, ITM^
le 18lh Dnsmber, 1779, ToL 1, page 191 to 916; 9Bth Fdnuuy, 1719, to Ulli
HaKh, 17», tol. S, page S31 to 938i Oh Augm, 17B0, toL 9, pi«a US; TUi
Oelobar, 1780, toL 2, page STB.
Ub and CamapandaM* of Biehanl Hentr Lae, voL 1, page 993; toL 8,
page 116.
North Amariean Reriav, toL 30, page 167, and toL 39, page 46B.
PraniytTania Oaiatte, Gth Daeambei, 177&
FianUin'a Woika, (Spaika' editioa,) toL ^ pagei^ 57, 999, 9H, SB7, SOB,
no^iM.
Non 6, not 00.
PablieJoBniaUorCMig>eaa,93d Jmm^ 1777, tcL S^ paga ITBiSOih Jne,
1777, *aL 9, page 169-1 «U May, ITS, tcL 3, paga 985 ; 98ih Hay, 17», toL
S, page 986; iMJana, 1779,ToI.3,pagea06; IGlh JuM,1779,*oL3,pagBaOBi
eihSapianber, 1T79, TaL>,page36S;Hth 8cpl«id)«r, 1779, toL 3* paga I65(
TABLK or ABPsmBircsg. ZZXUl
life and Ccrraipoiidttee of John Jay, iroL 1« iMgoi 100, 108 190; tqL %^
page 63, 79.
Lift and ComipoDdMee of Gomremonr Moriii^ tqL 1, pa^ SSM.
Non 8^ PAOB 66.
Sea Comqxmdeiiee below, page 74.
Secret Joumala of CongrtsB, ( Foraign Affaire, ) 17th Oelober, 1780, rti, S,
page 316.
Dtplooiade Conreepondenee, (Fiiafc Seriee,) *23d Auguet, 1780, toL 6, page 331.
Jounial of Hooae of I>elegatea of Viifinia, 8d Janaary, 1781, page 80.
Non 9, Pios 81.
No copy of thia letter haa been fimnd among UkB priTate ooneapondenee of
General Waahington in tbe ArcbiTea of the Department of State, nor any la*
ftrenee to it in the original lettera from Mr. Jooea to biro, there preaenred.
Npn 10, PAOB 104.
PaUie JoornalaofCongreae, Slat and SSd June, 17S0,Tol.3,pagea470,471$
96th BAay, 1781, toL 3, page 694; 31et Deeember, 1781, toI 3, page 706.
Diplomatic Correapondence, (Fint Seriea,) toI. Il,page8 364 to 384,996,
468; Tol. 19, page 76.
Life of Hamflton, Td 1, pagea 947, 301, 353, 366.
NOTB 11, PAOB 107.
Sea Correapondenee abore, pagea 55, 99, 109.
Public Joumala of Congreia* lit March, 1781, roL 3, page 569 ; 16tb Oelober,
1781, ToL 3, page 676.
See the proeeedinga and report of the Committee in the ArehiTea of tha
Department of State, No. 1, liber 39; No, 90, liber 9; and No. 30.
NOTB 19, PAOB 114
Thia pamphlet and map are not to be now fennd in the Public Library ai
PUMalpUa.
NOTB 19, PAOB 191.
Diplomatic Correapondenre, (Firet Seriee,) 15th October, 1781, toL 8^
pageSR
NoTB 14, PAoa 191.
Public Jonrnale of Congreea, 19th September, 1780, toL 3, page 690; 1th
Augiiat, 1781, ToL 3, page 655; 90tb Angoai, 1781, toL 3, page 656; lit
March, 1782, yd. 3, page 799; 3d April, 1789; roL 4, page 3; 17th April, 1788;
ToL 4, page 11.
Waahington'e Writbga, lit January, 1789, Tol. 8, page 990.
Tha doeimieiAa relativa to the oontroveiay abnm tha Na w Haoipdiira Qi^^
104*
tXEXr TABLE OF KEFEBEllCBt.
nd iIm •dmiidan of Tnooot, am puUiibed in Slide'i Tenwat 8Utt Ttftn,
frngtlOtoiOS.
OtberparticiiluvareMntauMdin Spuki'Liraef Eibm AllaD,pruittdultto
flnt TOhunft of the Libroiy of AmencBn Blognpity.
San IS,
I Writlnp, *oL B, |M«e 517.
lU.
FnUie Journalt of CoogtcM, Iff May, 1782, ToL 4, page 90.
Non 16, Fuit 1%
WuMngimi'i WTJtingi, voL 8, paga 893, 636.
FubUe Joomali of Conf^nai, 13th May, 1783, toI. 4, pap 99.
Bn-nt Jonnuila of Congnw, ( Foreign AlTain, ) TUt Majr, 176!; ToL 8,
page KB.
PennaylTBnia Pocket, SMi Maf, 1783.
PhiladGlphia Freanan'i Journal, 3lK July, I78S.
Non 17, PMi tW.
(Pint Series,) lOlh Maf, 1182, toLB, page 316.
Non 18, piai 13a
Diplomatic Correapondenaa, ( Pint Seriea, } 6ib Febrvwr, 1799, vd. 8, pago
10; 9tli May, 1789, nd. 8,' pags lU.
Nont 19, not 130.
PgMia Joumtli of Congmt, 3d Mar, 1''^ rd. 4, pageB&i 6Ui May, 178^
SacKC Jonniala of Congren, ( DomcMk Aflain, ) Sjth May, 1783, toI. I,
TABLK or mSFERSirCEt. zzir
Note 83, pagi 133.
Diplomatic Correqpondenoe, ( First Series, ) 26ih Marcb, 1788; toI. 3, pages
3B0, 885, 388.
FVanklin's Woiks, (Spaiks* edition, ) toI. 9, pages 186; 189.
Note 84, paoe 133
- Seeiet Joomab of Congiess, (Domestic Affiuis,) 9Mi Blay, 1788, toI. 1,
page 881.
Note 525, piob 134.
Poblie Journals of Congress, 11th Fdxnarj, 1788; ml. 3, page 717; 89th
Bfay, 1788, toI. 4, page 35.
Note 86, page 137.
Poblie Joomals of Congress, 4th December, 1781, toI. 3, page 696.
DipkHoatic Correspondence, ( First SerieS| ) 10th Bfarch, 1788, vol. 6, page 875.
Note 37, paob 139.
Washington's Writings, toI. 8, page 898.
Bee MB. letters of Genoal Washington in the AichiTss of the Department of
Slate, ToU 6, pages 848, 849.
Note 88, page 141.
PennsylTania Packet, 11th Jane, 1782.
The share Mr. Madison had in this letter, and the subject to which it relates,
seem to make it proper to rescoe it from the files of a newspi^>?r. It is as follows :
" Ths foUowing extract of a letter, written from Philadelphia by a gentleman
in oflSoe, to one of the principal officers of the State of New Jersey, cannot fail
to be aceeptable to the public We are authorized to vouch for the authenticity
of the fiiOs contained in iL
Philadelpbia, Jua^, 9U, 1788.
** We hsTe received no intelligence firom the French ielands which can remove or
ieeeen oor anxiety with respect to the ectioos between the fleet of our ally and that of
oar enemy. I am, howeTer, ineUaed to believe, that the broken aocounis published by
die latter are true, but we ehall leani from the French accounts ooly the entire dasaago
eoMaiaed by the Rritiah fleet. There are a few among up, wbo^ argoing finm tho re-
iterated and bold impoaitiooa of the EngKab, and from some cootradictions remarked
fai their aceoonta, still doalit the reality of the victory ascribed to them i lor my own
part, it appears so natural for thirty-seren ships of the line to beat thirty, and the
British puhlleatiooB are so circomslantial, that I can no longer doubt that Sir G. Rod-
ney has gained a victofy, bat it is a vietory which can yield him only bitter fimils, and
whkh bestows en the eoodoct anJ eeorafe of the onsacceasfal admiral, the glory of
TAILS or UriKCVOll.
hnbg riitml far MalTg honn > fcna daa-illUi n^riv la hta own. IiMHd afw^
dHrlig eimjMaiai on lb* uaMqaaoMS bT Ihk iTnl, 1 ihill uatwl npalf with
Ubnddf 70a that tU Pranoh Ami, M«ording to *11 npoitt, hu joiBMl fiBMB Pnwh
•adSpmidi AlpgaTlliiIlDavfaiehaniUdEiuHlipuiiotoi »tbal ana ih« tIbMT
at lb* bgliA ItB Mt iMtm ibl* 10 fiwtnta Ihii Joiuika, wkU ihsr mi* naohad
Uipar* aocflbita to pnTtBtg uid m nuy souidtrthii dinppolnldiMit U thai «■ aa
impntaol pdni pinsd od Iha other ^s.
"BnlthaeoqaldcniiaD meatpiDparla emaola Bifiir thiisTimt (ifanjIhiageaneoB-
aoUaiftrlbanlal«tiBasrafiJthAiludg«*niM*]lr)la, tbuft hMaflbrdad na aa
eCBariaa tf ditplif ing ■ nalional ehaiuUr, ■ good laith, a eoBiUDef and iiUMwm
m^j sT a paopla i4a ar* rras, and dsUnsinad to pariah Mmar Ihas ctaaa to b« ao.
Sir Qny Cariatoa wai pr«a*Bthi( htaBaal(| vith Iha cli*a bninh in hli hand, at ths
naj Bomsnt when thia diHfraaabla ial*IUg«ae« anj*ad | peihapa ha had Swmai to
bad an opiDion of ni ai to auppeaa thai Ihii wai a bToiabla erkii for dalachittf oi fron
sor alUdb Ba haa aftnoimead hii plan | ba hia oDdsarorad to HDd bii wcraurj, Hr.
Hagai^ to Congnaa] and ha hai parhapa Ihooghl ib aa baae, and ao ignonnt of what
<a OUT dntf w honct, and OUT intanac pnauibad Id m, aa to ba aaBared bj tha hop*
af an af pmching paaea | bni, althsngh ha haa aaarcaly baan a mnth aa thk oiaul-
aanl, h« noM alraadf hiTa bagoa to know tha Amarioani. FVnr jreira baio abpaad
ahiflc tha data of tha happj allianaa which anitaa ua with Pianoe 1 wa had avary faar
racalTad new banaGia fnm thia nation wflhoal bainr abia to maka anj othar ratsia
than barran aakaoiriadgamaBte ) and Uka coa Gland who ia eooataBtly ibUgad ij
SBOltaar wttbow bariag It is Ui pawar to randai raelpraBal ai
linpatiaiioa an appoitanilf of damonlraling that
gndtade wara aDgnran on onr haarM, and vera ttat to ba affaclad b]P tha riolarilDdaB
iBcidoBt ID ■ loag war. TUa oppartnahy haa happasod g tha anamf thanudica hava
IwoMmtad it la na ) and 1 eannot aipraaa to jcn lb* jaj with whiah I hara aaan Uttf-
laai, pMB^iula and V^ginia, with amnlatkn and with onantmhr, daehra tbair
bad raaohUioB to rajMt with diadaia orarjF tdTar of a aopama paaca, and arat; pin-
poaitkn which wnntd Uuow tha ali^uat Main m oar Mtinnal ehamUar or Iha alliaBM.
I haTa JMt nad, with tha aana plaomra, Ih* raaohdon paaad bj tha Aaaaabl; of
Haw laraef t tha^ braalba • Inn patriodaB. TIm anaay aw no langar mj that ahw
« In Ihair b*or| Itaaj eannol traa aaj thai Ihey hara a
TABLE or REFKaEMCBS* XXXTIl
agsat fentto VemillMi that eooecwioiw had baeii tendered, Um best MUptad to Mdne*
a power inflaenood either by aTiriee, bj ambitioo, or a eense of weakness ; but die
egent refiised to treat at the same time of the independence of the United States. Onr
allies answered simply that rms niDSpKNDKif CB fomud thi basis op thxib ststkm ;
and the negotiation went no fazther. The eonduct of the French has been so nnifomi,
and so npri^it throogh the coarse of tliis war, that this answer excited no surprise in
OB ; nsTertheless, it is not to be denied, tliat a power who proceeded with a less firm
step in the path of Jostice and wisdom, might essOy hare suffered itself to be led away
by the dasaling offers which were made.
"This was the proper conduct, both on our part and that of Prance, to do honor to
the two nations. It is happy for their mutual glory that, without any coamiunicatioo,
without any concert, end without any consultations, they hare both, from the same
innate rectitude, adopted the same resolutions against separate negotiations. What
was the object of these propositions, secretly and separately made to the two parties?
If Great Britain had been aetnated by good faith, she ought to hare apprised Franet
that the meant to treat with us, and to acknowledge to us that she was endearoring to
treat with Prance; but she hoped, by sowing seeds of jealousy and distrust, to divide
US ; she flattered herself that the two allies, or at least one of them, mi^t listen to
her propositions ; that the other would conceive suspicions therefrom ; that discontent
would succeed, and that a rupture would eventually take place which would terminate
in oar subjugation. Her project has miscarried, the artifice it detected ; and whibt it
displays the insidious policy which still directs her councils, serves to evince the mutoal
fidelity and attachment of the allies, and the necessity of an unlimited confidence and
constant communication of ertry thing which relates to our mutual interests.
'* I am now more proud of the title of American than I have ever been. The enemy
have without intermission reprosented us as a timid and dastardly people, without fiutb
and without honor ; they are now undeceived at their own expense. But there is one
point in which our national honor has too long suffered. We have sufficient firmness
to abandon our houses and our habitations to an incendiary foe | we have seen without
terror onr houses and our ftrms In flames ) we have seen our eflTects, our horses and our
rjdtle swept away, and our sentiments have remained unshaken. We have received
with contempt overtures of peace which would havo covered us with shame ; we have
suffered all the calamities and wants which afflict exiled citizens, obliged to seek an
asylum at a great distance from their own country. Otir wives have shown the
firmness of soul, and sometimes their firmness and patriotism have invigorated
own. Wo have shod our blood in the glorious cause in which we ore engaged ; and
wo are ready to shed the last drop In its defence. Nothing is above onr courage exeo|il
only (with shame I speak it) except the courage to tax ourselves."
Refer also to the letter from Vergennes to Luzerne, 23d March, 1782, Wadi-
ington'g Writings, vol. 8, page 294.
Note 29, page 143.
Public Journals of Congress, 2l8t June, 1782, vol. 4, page 39.
l^OTB 30, PAGE 147.
Public Journals of Congress, 24Ui Jane, 1788, toL 4, page 40; 80th Jime,
1782, ToL 4, page 41.
XXXTUl TABLE Or KBFEKEITCEI.
A ftitl aectnnt of the oriEin and nutm of tMi cUim 11M7 b« Men in Tram-
boll'* HiMorjr of Connecticut, *oL 2, page 468 10 480.
Note 31, nos 151.
Wudiinglon'* Writing*, ml. 8, p«ga 313, 316, &37, 539.
Not* 32, pig* 198.
VaVlic Jonmal* of Congtew, Uth Juir, 1762, toI. 4. page il-
Non 33, PAGE 152.
PnUie JownaU of Congee**, 17th June, 1782, toI. 4, paga 38.
Nan 34, rxas 154.
DiplomBtic Corraaposdence, ( Firat Sisics,] 19th April, 1783, vtd. 6, paga
330 i 30th Uar, 178% ToL 6, pags 354.
Not. 35, piGE 157.
Waibington'i Writings, vol. B, pagca 157, 540.
NoTB 30, pioE 160.
Public Joumili of Congrcu, 6th Septcmbn-, ITBD, vol. 3, page &I6; 3l*t
Jnlf, 1782,*ot, 4, pBge55i 13>h September, l^,voI. 4, page36S} l(t March,
1784, vol. 4, page 341. '
See alio " Public Qood, btiog an examination into the claim of Virginia 10
the Taeant Western Territory," in Paice's Poliiicsl Writings, vol. 1.
Note 37, pace 167.
Public loumals of Congress, 5lh September, 1T82, toL 4, page C8i G(h Sq>-
tonber, 1783, vol. 4, page 69 1 S5th September, 1782, fol. 4, paga 82.
TABLE OF KEFE&EKCS*. XXXIX
NOTS 40, PAQE 182,
Dipknnatio Correspondenoe, (Pint Series,) 18th AaguBt, 1783, toI. Q,
pa^ 371.
In the original, letter of Mr. Adams, now in the ArchiTes of the Depart*
ment of State, immediately after the copy of this commission, is the following
paragraph:
*The words quarumeunqiu SUthntm quorum inttresse poienij inclode the
United Ststei according to them, bat not according to the fiUng who uses them ; so
that there is sUII room to erade. How much nobler and more politic was Mr, Poz*s
idea, to insert the minUten qf the VniUd Statu of America expressly ! '*
Note 41, page 188.
Public Journals of Congress, 15th October, 17^, vol. 4, page 88; 17th Octo-
ber, 1782, vol. 4, page 90 ; 7th November, 1782, vol. 4, page 103.
Washington's Writings, vol. 8, pages 263, 302, 310, 33C, 351, 353, 362; vol.
9, pages 169, 196, 221.
Diplomatic Correspondence, ( First Series, ) vol. 3, page 489 ; vol. 11, pages
105 to 108 ; vol. 12, page 286.
Remembrancer, vol. 14, pages 144, 155; voL 15, pcgea 127, 191. See Cor-
respondence below, page 469.
Note 42, page 196.
Washington's Writings, vol. 8, page 541.
Public Journals of Congress, 8th No? ember, 1782, vol. 4, page 103*
See Correspondence below, pages 471, 475.
Note 43, page 205.
See Correspondence below, pages 473, 479.
Note 44, page 209.
See Debates hdow, page 226; and Correspondence, page 483.
Note 45, page 212.
Secret Journals of Congress, ( Domestic Affairs, ) 27ih November, 1788, voL
1, page 245.
Journal of Assembly of New Jersey, 1782, page 10. Journal of Council of
New Jersey, 1782, page 7.
The insiructions of the Legislature of New Jersey, after undergoing much
discussion and alteration, were passed on the 1st Novcmljcr, 1782, in the fol-
lowing form :
"To the Honorable Glias Boudinot, John Wetherspoon, Abraham Clark, Jonathan
Elmer, and Silas Condict, Esqairef, delegates representing this State m the Oongreis
of the United States.
JABht OF KKPEBBKCU.
"Applic
le La^ialitan fat LDitracUoiu «
■ t»I
g b«l«sin [ha SlMH of Naw Yorl^ Naw fl
tha paopla on tha New H>Bi!<ihIre GisbU, ilrling thaniMlTaa tfaa SiaU of Tiiiiibi,
wkieh h oadar the eonldenlloD of Congraaa, Ihay an oT opinino, (uTiraa Ihay bna
doeniBCiiti to dinet Uulr anqnlrr, ) that ■• tha eompatapcy aT Coogrna «•* daMiad
filU and Gomplala U Iha paialag of tha reaolultoDi ef tha HTeodi and tvantlatk (f
AoipBt, 1T81, (aacboC ih«« Sulaa hinDg mada as ahaolnta laferaiua af tbi dlapaU
la tlwir final aitilrauinanii ) Iboae acta may be lappaaad to ba IniBded oo aoiet JomIb*
and pnprlaljr, Diaa Stuci harlo); agraed to iha maaiura, and thai gnu ragard ought
U ba had to aiaiy daiarmiiuliao gf Congraaa, whera lu naw light la ttanim upun tba
•Objatl, BT might)' mattan occur to jiuiiT}' a r»*eialcai of aucb thab- daciaka ; and mora
eapeeiallr, aa il appean Uut iba ptnptg on tha Naw Hmpahira GnaB bat a, bj an ■■■
of Ihajr LagiilitDre, on tha tweDtj-aaUHid oT Fohniuy laat, b> tnrj imtanca COB-
|diad wtlh tha praliishiaiin lUted u conditioiul to ioeb guanutao.
"Tla Legiililura, taking ap thta matiar upcm geoanl prinelpla^ ara flutharof
opinion, that CongToai, conaidorad u (he aarareign gnardiana of tha Uallad SuMi^
ODghtal all limea lo prsrer Ibe gooenl uTetjoT the ccomm eanaa to the panknlw
npuata inlcrcil of aojr indlridn*! Sute, and iriian cireumitancea may nndar nieh ■
oaMnira aipedient, Il onght cenainlj lo ba adopted.
"Th« Irfgiilalura know of no diipociilon In Congrea to attsmpl la radoca tha nid
paopla 10 allagianca b; force, bat should that be the eu*, tbay will oM eenaent to iha
•anding any military force Into Iha uld territory to aabdue the Inhabtlaata to tha
obedience and •objection of tha Suite or 5t*1ea that elaioi their illegiince.
"They diieliim oTary idea of irabrabg iheir haodi la Iha blood of thtlr fallow
ettiianf, or entering folo a eiTJl war amoag ihemaoI>ea, at all tlmea, but mora eapael-
ally at ao critical a period H (be prownt, oancai>[iig anch a atep la ba highly tmpethlc
and dangorooi.
"You ara, therefiin, Inttractcd (o gofera yoarMlrai in tha ditcuaaion of ihia boat-
MM by tba afbraaaid opbima, n Ihiai tbay may apply Iharalo."
Note 46, pioe 915.
TABLE OP KXFX&EVCBf.
NoTB 48, Picn flSI.
Jounudi of Coii|;rMt, fith DeMoibcr, 1780; toI. 4, ptge 114; Ifth
Dnembflr, 1788; toL 4, page 118; 18tl) December, 1789; toI. 4, page 190; 90th
Deomber, 1789, toL 4, page 133; Slit December, 1789; toL 4, page 197; Id
Jamiary, 1783, toI. 4, page 198; 14th Jamiary, 1783, yol. 4, page 149.
Secret Joamali of Congnn, ( Domeetic Affairs, ) 3d January, 1783, toL I»
page 948.
Diplomatic Coneapondenee, (Fint Seriea,) 4th January, 1783, toL U,
page 991.
The Pnmdenoe Gasette, 9d NoTembcr, 1789; tha Boilon Gasette, 10th
November, 1789.
See Debatei bdow, pagea 946^ 496.
Note 49, paob 943.
Dqilomatic Coneipondenoe, (Pint Seriea,) 19th October, 1789; toL 4| pagt
95; 18th September, 1789, vol. 8, page 196; 13th October, 1789^ toL 8^ paga
198; ToL 8, pagea 163, 908; 4th January, 1783, toL 8, page 816; lOlh July,
1783, Tol. 7, page 67; 99d July, 1783, toI. 4, page 138.
Life of John Jay, toI. 1, pagea 146, 490.
North American Reriew, vol. 30, No. 66, page 17; vol. 33, No. 73, page 475
See Debates betow, page 416 ; Corre^tondenoe below, pages 499, 531.
Non 50, pios 966.
Secret Journals of Congress, ( Domestic Affairs, ) 17th January, 1783, toL
1, page 953.
Non 51, PAGE 967.
The first of theae letters is dated"23d September, 1789;" Diplomatic Cor-
respondence, ( Fint Seriea, ) 23d September, 1782, voL 6, page 416; 8th Octo-
ber, 1782, vol. 6, page 432.
Public Journals of Congress, 23d January, 1783, vol. 4, page 144.
Secret Journals of Congress, (Foreign Affairs,) 23d January, 1783, vol. 3^
page 989; See Debates bebw, pages 268, 301.
NoTK 52, PAOB 275.
Public Journals of Congress, 9^ January, 1783, iroL 4, page 151 ; 90tk
February, 1783, vol. 4, page 165.
See Correspondence below, page 511.
Public Journals of Congress, 30th January, 1783, vol 4, page 153.
Diplomatic Correspondence (First Series,) 94th January, 1783, vol. 18,
page 395.
NoTi68,PAai980.
PuUic Journals of Congress, 95th January, 1783, vol 4, page 1991
105
TABLE or SKIXRUfCCt.
Note M, tab* 330.
Pablie Jountoli of Congren, 6(li Fgbraur, 1TS3, nl. 4, ptga 167; Iftb lo
IIUi FabrauT, 1783, ToL 4, p««« 160 to 1«4 i 9Sth FAniUT, 17B3, vi^ 4, pal*
'16S; UMiUarohtlTeS, ToL4,[wgal73; Sae DfUlM btlow, pagM 837, >».
Non 56, PAoc 372.
&aeIM>atMbclow,ptge4SS, BDd Com*p<Hidane«bdov,pa{s513, udnAr-
Them it io (he AtcIutm of the Depwtnenl of Stmts, No. m, i
(be htten aiitd rqwtu of Mr. Morrit, &tan 1761 to 1784, in fix
NonK, rAox383.
See CoTn«panden«e belov, page &I& — GI8.
Diplooiatic Concqiondenca, (Firat Seriei,) 4th December, I7SB, to). 4, |
48; voL 6, [Mge 464 ; 19th Docwnber, 1T89, tqL 8, page 914; 14th I
l-»,T0l. 10, page 117; Mth December, ITfB, roL S, pege 4St ; SIMi Decenhs,
lieB,ToLll,p«gel46.
FruiUin'i Woike, ( Sparia' Edition, ) toI. 9, page* 436, 467.
See IMwtei bdow, 26th March, 178S, page 418.
Lift of OaonnieBr Morrie, vol. 1, pages 944, SIB.
Non57, rAoiSse..
I, (Fint Seriea,) ITUi Uaith, 1783, nd. U,
Non B8, PASS 404.
Bm CoTRapoiulence below, page* 519, 560, 667.
Public Jooroal* of Congreaa, 9Slh Jaimar;, 1783, toL 4, page ISS ; fihh Ftb-
■«UT,1783, ToL4,pBgel66; 32iid Much, 1783, toI. 4, page 178; 9Mi April,
178S,TaL4,pageS06.
Diplomatic Coirespondence, (Fint Seriei,) 16tfa October, 17BS, toL 19, page
TABLB OF EKFEKBVCE8. xllli
Diplomntic Correspondence, (Pint Seriei,) 6th February, 1788, toI. 10,
page 88.
Secret Journal of Congreaa, (Foreign Affairs,) 84Ui March, 1783, voL 8,
pageSSO.
NOTB 60, PAGE 418.
See Debates abore, page 848.
Secret Journals of Congress, (Foreign Affairs,) 6th to 16th June, 1781, vol.
8, page 424 to 426; 24th September to 4th October, 1782, toI. 8, page 218 to
S80; 8d Jrinuary, 1788, vol. 8, page 969; rol. 8, page 888.
Diplomatic Correspondence, (First Series,) rol. 4, page 66 to 68; page 84;
page 187; page 168; page 389; rol. 6, pages 445, 467; vol. 7, pages 63, 67;
ToL 10, pages 76, 96, 106, 116, 119, 180, 188; vol. 11, pages 166, 809.
Franklin's Works, (Sparks' Edition,) vol. 9, page 462.
Note 61, page 419.
Compare Public Journals of Congress, 20ih March, 1783, vol. 4, page 176,
and 18th April, 1788, toL 4, page 190.
NoTfi^62, PAGE 426.
Public Journals of Congress, 29th March, 1788, vol. 4, page 181.
See Debates above, page 872; and Correspondence bdow, page 618.
Note 63, page 426.
See Debates above, page 284.
In the Archives of the Department of Stale, No. 64, being a volume con-
taining the official letters of the Governors of Rhode Island addressed to Cou-
this letter and the Resolutiona of the Legislature will be found.
Note 64, page 428.
Public Journals of Congress, 24th March, 1788, vol. 4, page 179.
Diplomatic Correspondence, (First Series,) vol. 11, page 818.
Almon's Remembrancer, vol. 16, pages 366, 366.
Note 65, page 430.
See below, page 707.
Journals of the Legislature of Massachuseits, 18th February, 1788.
Journals of the Legislature of New York, 8th, 10th and 11th March, 17 3.
Journals of the Legislature of New Hampshire, 1st Marrh, 1783.
Note 66, page 432.
See Mow Debates, pages 434 and 436; Correspondence, page 628.
Note 67, page 433.
Washington's Writings, 80th March, 1783, vol. 8, page 409.
Life of Greene, vol. 2, page 891.
See Correspondence below, page 623.
Note 68, page 4SL
See Debates above, pages 419 and 482.
zliT TABLE or RsraaucBt.
Note «, rtm MS.
PoUio Joomali of Coogreai, 11th April, 1T8S, vol 4, paga 188.
Diplonatio Coinipuidaice, (E^rat Seriei,) lOth April, 17BS, VoL 11, pifi
319 i Uth J^Mtil, 1T8>, rol. 1 1, ptge SS4.
Note 70, pau 4W.
Saa CmtMpmideiMa balov, pogs BSl.
Dqilomatic Comapondcnce, (FirM Series,) >7th DeecBtber, 1789, toL 8,
p«ga4H) SiM April, ITBI, Tol. 11, pufeSU; lat May.ITSS, ToL8,p«g«4M.
Saant Joomala at Congreu, (Foreiga ASaira,} 31M May, ITBS, toL 9,
Note 71, »<n 441.
SaeM JonrDalt of Cooktcm, (Foitign Aflaiia,) IBth April, 17SS, yd. t,
NoTi TS, PiOE 444.
PnMie Joornalt of Congnaa, 16th April, 1788, toL 4, paga IBS.
Note 78, rum 447,
The fbllowing tttutmjM will exhibit the principal proceedinga of tba Cmi-
u of the ConMeration on Iha aubjecta of a Oeneral R
of public land: Pnblie Journali of Congmt, >th September, I78a,voLa, pafa
Sia ; lat FebruaiT, 1781, vol. 3, paga 571 : 8d February, 1781, toI. i, page ffTS;
TlhFebciuiT, 17S1, toL 3,pagaS74; lit March, 17S1, vol.8, page 1)63; IBlh
HaTeh,17ai, T<d. 8,pageSM; 23d March, ITSt, vol. 8, page SOO; ISth Julf,
1781, Tol. a, page 648; 4(h October, 1761, Tot. 8, page 674; SOth Fabniarf ,
1783, Tol. 8, page 721 ; lat July, 1782, vol. 4, paga 41; ISlh December, 1782,
vol. 4, page 119; 34ih Deeambrr, 1783, vol. 4, page 126; SOth January, 1788,
vol. 4, page IH; 6th February, 1783, toI. 4, page 167; 30tb and 21at Maieb,
178S, vol. 4, page 174 ; 38th March, 17SS, vol. 4, page 180 ; lit April, I7S3,
Tol. 4, page 192; 17th and 18lh April, 1768, vol. 4, page 190; Mth April,
XABLB OV EBVBRE9CBS. Zlv
Seont Jdamak of Ooogrett, (Fbragn AflSun,) 5c]i Bfaj, 178t, toL d,
Nofni77, PAOi449.
Thb mofaitioil do« not appov on the PaUie Joomalt of CongnM tin Tlh
AagQit, nst, foL 4, pago 161.
NoTsTB, PAas40O.
See PoliUe Joamale of Confitie^ 7th May, 1788, toL 4, page HO.
VIvn 79, PAOB 400.
See Debates bdow, page 4M.
Public Joonuda of Coiigresa,6th May, 1788, toL 4, page 280.
WaahiiigtoD*a Writings, 6ch Blay, 1788, toL 8, page 480 ; Appendix, No. IX.
Diplomatie Conespondenee, (First Series,) 14th April, 1788, foL 11, page
885; S7Kh January, 1780, toL 7, page 189; 18th Fbbruary, 1780, foL 9,
page 81.
'There is in the AiehiTesof the Department of States No. 80^ a Yohmieof eor-
lespondenee of Oliver PoDocb eootaining that with the Committee on Fbnign
Afidnb i& nftnnee to the poBey of Spain.
Note 80, piai46L
See Debates below, 80th fiiay* 1788» page 487.
Non81, PA0i45t.
See Debates below, page 487.
Non89; PAOI484.
Bee Debates betow, 80th lday» page 458.
Public Journals of Congress* 9tb August, 1788, ToL 4» page 1S8.
Note 88, paoi 454.
Seeret Journals Of Congress, (Foreign Affiurs,) Slst and SSd May, 1788,
ipol. 8, page 844 to 884.
Notb84» PAaB466.
Public Journals of Congress, 88th May, 1788, toL 4, page 884.
Washington's Writings. 7Ch Jane, 170; toI. 8, page 488.
See Correspondence below, page 547.
Seeret Journals of Crongiess, (Foreign Affairs^) 80th May, 1788, voL 8,
pages 855, 861.
Public Journals of Crongress, 80th May* 1788, toI. 4» page 884.
Nor 88, paoi 458.
Public Journals of C^ongves^ 4th June^ 1788, foL 4, page 888; 4th July«
1788, ToL 4, page 885.
Diplwnatic (^orrespondsBoe^ (First Series,) 18th July, 1788, vol. 18, page 880,
XlTl TABLE or EKFCSKNCH.
Non n, ruH 4S8.
Thtw iutroctiiHM an prinud in Uw Poblie Joanuli of ConfiCM, Mlh JnM,
1781,101. 4, page SSI.
SecKt Jooirali of Congnn, (Foreign Affiin,) iSth JuiM, l76t, toL $,
S«eDebBUibdow,p«gti46S,4ea; CormipaiidcnM below, p*p« MB, IS).
KoraM, PuaU).
PnUie Jooraal* of CoDgnn, ITth Jan^ ITB3, vri. 4, page 1S8>
Non ei, p^oi tes.
Pnblie Jomvali of ConSK*^ SOth June, ITBI, toL 4, page IM.
Bee IMMtei nbofe, page 447, and tefttencea then.
Notcn, Piai4«T'.
See Debates aborts page 481 ; and Cpireapondenea bdow, paitM MS, 6U.
Pnblie lonniala of CoD^naa, Slrt Jaoa, 1T8S, ToL 4, pags Wl; IM Mf,
1783, toL 4, pa«e>SS; 18th Jul;, 17SB, *oL4,p«gaS40; SStlt Aufott, im;
Ml. 4. page 367.
Diplomatic Com*pondaic«, (Second Svriea,) toI. 1, page 9 to 4S.
Waahingtan'a Writinice, S4ili June, 1783, toI. B, page 4M.
There iain the Archina of the DepartnMOt of State, No. M9, a lobuM Mfr
taJDUlg the latlan and papcfi on ihii aubject.
Kan 9S, nam 471.
PnUiDjonmalaorOongreai, IstMareh, 1781, toI. S, page <8t
See Dcbaiea atioTe, page 447, and refctencei then.
Note 94, piu47S>
StB DebUea above, page 185.
TABLB OF EKTSEEHCBS. xItU
See Debates tbore, 4th Deeember* 178i, page 118.
Note 100, page 491.
See DdlMaee aboT^ l«th and S8d December, 1781, pagei 281, 285.
Poblie Jbnniala of Congren, voL 4, page 196. ^
life of Greene, toL 2, page 844.
Public Jonrnala of Congreei, 28d Deoember, 1782, toL 4, page 124.
Note 101, paoe 48&
See Debttes aboye, page 288.
Poblie Journals of Congress, vol. 4, page 126.
Washington's Writings, toI. 8, pages 872, 408.
Note 102, page 496.
See Debates aboye, pages 246, 269.
Washington's Writings, yol. 8, page 869.
Public Journals of Congress, Ist January, 1788, toL 4, page 128.
Note 108, PAOE 600.
See Debates above, page 282.
Note 104, paoe 606.
See Debates abore, page 887.
Note 106^ PAas 61ii.
See Debates abore, pages 270^849.
Note 166, paoe 618.
Public Journals of Congress, 26th February, 1788, yoL 4, pige 168.
Diplomatic Correspondence, (First Series,) 24th January, 1788, yol. 12,
page 326; 26th Febniary, 1788, yol. 12, page 327; l7th February, 1788, yol.
12, page827; 8ih Blarch, 1788, yol. 12, page 886; 14th Match, 1786, yol. 12,
page887.
Life of John Jay, yoL 2, pages 134, 184.
See Debates aboye, pages 370, 871 ; and Correspondence below, page 61S.
Note 107, page 617.
Diplomatic Correspondence, (First Series,) yol. 4, page 46 to 60 ; yol. 6, page
464; yol. 7, page8; yol. 8^ page 214 ; yoL 10, page 117.
Life of John Jay, yol. 1, page 109.
Note 108, paoe 619.
See Debates aboye, pages 884, 404.
Note 109, paoe fSUL
Diplomatic (yorrespondeneeb (First Series,) 24th BCarch, 1788, yol. 11, page
816to888. See Debates above, page 449.
KTHliiiiglcm'B Wiitinci, Mth March, 1781, toL 8, p«fa 4W.
Sn MmIm alKin, IM|< 4Si.
Note 111, PAOiUt.
Kplonutie CorrMpondenea, <Fir« Svi«,) 6Ui April, ini, toL 11, pafB
«Uind.lO,p«g«Hlul». AlioToL4,pacBn;TsLT,p«ce8.
Fimnklio'a Wmkt, (^MiAa'EiUioa,) Ttd. t, pafaflX
See Oebelea wbon, page 4S7.
Note lU, rtos BX.
See PaUie Jonrnala of Congnaa, Mth Maich, llSi, tti. 4, pafa 174 ; Ulh
Afta, list, ToL 4, page 190.
[e III, T
sSSBl
Baa Dabataa abore, page 4tl
Pablic Joontala of Coognea, ISth April, IfX, toL 4, page IM; XKh Mj,
17M, ToL 4, pagB MB.
Note 114, PMU BM.
DtploiiiaiieCacTeapaDdaQee,(Fint8eriea,)TDLB,pBgam; v<d.lO,pBgan.
WaahingUa'a Wrilinga, vol. S, pagaa 4S7, 4M.
See Debataa abore, page Ml, and Tefenneaa in BOle 4$,
Baent JooniBU of Coagreia, (Poteign A&iiaJ let Uaj, 178S, toL S, paga
Amariean OMuUtlj Beriair, toI 3, page IR.
DiploinaUeCotTa^Mi>daaee,(PiiMaarMa,)Td.7,pagaM; vol U,pagatt7.
Note lie, pui m.
Bee CoRMpoodenM bdow, KHh Jane, ITM, page Ml.
Note 117, »asS4a.
TABLS or sxvKmsvcM. zlix
N«lt 111, FJA M4.
Diplonatie CoRvpoiideiiQe, (Fint SariM,) ttch April, 178S, toL 8, paga 4M.
Note 122, PAOB 6M.
Diplomaltc Cofwqpondance, (Fint Series,) 17th JoM, 1788, toL 2, pafe 488.
Note 128, PAGE 068.
ObMrratioiit on the Commene of the American States by Lord BhdMd,
London, 1788.
Poblie Journals of Congress, 28th August, 1788, toL 4, page 2B7.
Note 124, PAGE 874.
Public Journals of Congress, 18th September, 1788, vol. 4, page 286.
Diplomatic Conespondenoe, (Fint Series,) vol. 10, page 188.
Note 126, FAQB 674.
See Coneipondeiice aboTe, page 672.
Note 128, PAOl 678.
Poblie Journals of Congress, vol 4, page 888 to 298.
Note 127, PAOB 887.
See Correspondence below, page 617.
Public Joimuds of Congress, 8th March, 1787, vol. 4, page 726.
Washington's Writings, toL 8, pages 207, 286, 249.
Bradford's History of Biassachuaetts, voL 2, page 800; Bfinot's Hkloiy
of the Insurrection in Massachusetts.
Note 138, PAGE 687.
Public Journals of Congress, 21st February, 1787, voL 4, page 718.
Note 128, PAOl 680.
See Correspondence below, page 619.
Note 180, PAOl 884.
See Debates below, pages 699, 606, and Correspondcnoe, page 824.
Note 181, PAGE 667.
Public Journals of Congress, 81st March, 1787, toL 4, page 780 ; 18th April,
1787, foL 4, page 786.
Note 182, PAGE 602.
See Correspondence bebw, page 829.
Diplomatie Correopondenee, (Second Series,) toL 6, pagai 207 to 288.
Note 188, PAGE 604.
Public Journals of Congress, 8d May, 1787, toI. 4, page 741.
Seem Journals of Congnas, (Fbieign Aflhibs,) 8d May, 1787, voL 4, page
8a.
106»
TABLE or BSTCRUtOBI.
» balow, p>fe AM.
BecM JoomaliofCoDcnn, (Foreign ASain,} nd. 4, page M.
Nai«lS6,uaB«06.
Sm CoRnpondoioa bdov, pugg 641.
Note 1S6, piiu 814.
Pnblic Jovnula of Congnw, Slit Auguit, 1786, toL 4, pagi W>.
NnU Itr, Fiat 8».
SeeM JounuU of Coagtcai, (Foreign AStin,) ISUi Ootobtr, ITH, toL 4,
page ISA
Diplmietie Conaspoodencei (Second 8eri««,) toL B, peg* 93L
Ijls of John Jay, rol. I, pejp 191.
Secnt Journals of Cosgnn, (DomcMio Afloin,) 3lH Oeuber, ITM, toL 1,
pap MB.
Public Joomali of Congrcu, 19th Fobruary, ITST, toL 4, page TSS.
See ComapoDdenoe below, page MB.
Note 1S8,PMB 610.
PaUie Jounult of Coognai, Slit Fatnuary, 1T8T, vol i, page TSt,
Noca IS9, Fiai 631.
Pnblie Jouroali of Congrea*, 9th March, ITST, toI. 4, page TSS.
Seoret Joanuli of Coogrew, SSth Angns, 1T86, Tol. 4. page llOL
Note 140, riaE62T.
I^doButic ConeapODdenoe^ (Second Setiea,) Mth Febcnarj', ITST, toL 6^
page4».
Bradfbrd'a HiMory of M aMnchnaetU, rot. 1, page S06.
JcSeraon'a Wotki, toL I, page 87.
Note 141, Piai6>S.
a, 2lMMarch, 1787. vol. 4, F
TABLE OF BBFBBKVCBS. K
Note 14ft, PAOS 641.
PuUie Jonrnali ctCongnm, 18th October, 1786, vel. 4^ page 711.
Secret Jourmdi of Congress, 2Uth April, 1787, toL 4, page 888.
Diplomatic CorrespondeDoe, (Second Series^) toL 6, page 888.
Jefferson's Woiki, toI. 8, page IdSL
Life of Richard Eknry Lee, toL 8, page 7L
AntiMTJcan Masenin, toL 8, No. 4^ page 880.
Note 146, PAOi 646.
Publie Joamals of Congress, 88th September, 1787, toL 4, page 776.
Washington's WriUngs, lOth October, 1787, vol. 9, page 867.
Life of Richard Henry Lee, toL 8, page 74.
Note 147, PAGE 648.
Amnrifian Mmeam, October, 1787, toL 8, No. 4, page 862 to 868.
Note 148, PAOI 662.
The Objections of Col. Mason, and Mr. Madison's Remarks on them, wiO
be firand in the Appendix to Washington's Writings, Na 6, toL 9, page 844.
SecRi Journals of Congress, (Foreign Affairs,) Ist August, 1787, vd. 4,
page 881 ; 24th September, 1787, toI. 4, page 884; 8d October, 17S7, toL 4,
page 888 ; ftch October, 1787, Yol. 4, page 899.
JeflRsrson's Works, rd. 8, page 272.
Diplomatic Correspondence, (Second Series,) 6ih August, 1787, tol. 8,pagea
874, 276; 24th October, 1787, vol. 8, page 288; 16th October, 1787, vol. 6, page
816.
Note 149, PAflB 668.
Washington's Wridnga, fi9d October, 1787, toI. 9, page 273.
Secret Journals of Congress, (Fordgn Affairs,) 28th September, 1786, toL 4»
page 181.
American Museum, voL 8, No. 6, page 668.
Note 160, PAGE 666.
Diplomatic CSorrespondenoe, (Second Series,) toI. 8, page 868 ; vol 6, page
847; Tol. 7, page 188.
Jefferson's Works, vol. 8, pages 288, 846, 956, 804, 881.
. Note 161, PAGE 668.
American Museum, toL 2, No. 6, page 077.
Note 182, PAGE 661.
Washington's Writings, 7th December, 1787, vd. 9, page 286.
Life of Richard Henry Lee, vol. 2, page 78.
Public Journals of Ck)ns:ress, vol. 4, Appendix, page 47.
American Museum, yol. 2, No. 6, pages 086, 066, 666.
Oewald's Independent Oaaateer, 84tb November, 1787.
FenasylTaniA Packet, 7ih December, 1787.
lit TABLE
NdMll3,PiV*N^
TbaLMUr oTOannor BandA^wiU be ftood in BUofalMbalMWtta
OoMtitatioo, toL 1, ptgt SIS.
ABURUn MnMom, toL 9; p«|* **•
Wuhiiigloa'*Wiiiiaci,8(hJuui>T7, 1T8S, toL 9, |Mfa MS.
^dtiio JmuiuU oT Coupon, *oL 4, Apptodiz, paE* ^<
Idfc of Bichvd Henry Lm, *oL a, page ISO.
lift of Bbridga Qenjr, Tol. >, page TO.
BDkt'i IMmM on ths OMatiinliaa, voL a , pegM S5, M, n.
NoU 1S5, Page e«.
WaaUngton'a Wridnpi toL >, pagea 810, S99, StI.
NatalH,Paca«n.
WaaUngton'a Writinga, toI. 9, page SM.
NtM IS7, Page n%.
MTtnan^ Woika, mi S, page BU.
NoulU, Pagans.
Tha Circular iMter oT Ooranior Climsa vUl be twnd in Bliot'a DabaM^
nL1^|MgaSS7.
Waaluogton'a Writing*, voL 9, page 419.
Note 159, Paga G7B.
PnUio Jmniala ot Congnaa, BUi October, 17ST, toL 4, page TOT; 9d Jnly,
1188, Tid. 4, page BZ7; I4tli Jnly, l'7a8,ToL4,FageB34{ SStli July, 1188, nL
^paga839; SOth July toSth AogiW, l-I88,ToL4,paga 840lo 846; tUAn-
gnat, 1188, vel.4t page 848; 90tli Angual, 1188, *oLi page8fi6; U BqMOK
ber, 1788, toL 4, page 860; 4tli Septoate, 1-788, leL 4, page 863; UUi and
Utk September, 1788, toL 4, page BBS.
Waahington'e Writinga, S9d ScpHmber, 178B, reL 9, page 498, and Appen-
TABLS or BXrUtEVCBS. llU
Life of William LiTingiloiii page 99, aad Appendix.
Pitldn'a History of Uw United Statfli, foL 1, page 148, 489.
Note 163, Page 687.
American ArcluTee, ( Foortli Seriee,) Vol 1, page 893.
BIr. BfadiMm has omitted to notice here the Congrass which met at Mew
ToriL in October, 1765.
Massachusetts State Papers, toI. 1, page 35.
FranUin't Works, ( Sparks' edition, ) vol. 7, page 29a
Political Writings of John Dickinson, voL 1, page 91.
Marshal's HiMoryof the Colonies, ch. 13.
Pitkin's History of the United Statee, voL 1, page 178.
Note 164, Page 688.
FranUin'e Works, ( Sparks' edition, ) vol 5, page 91.
Secret Joumab of Congress, ( Domeetic Affairs,) 81st Joly, 1775, toL 1,
page 883.
Note 165, Page 688.
Secret Journals of Congress, ( Domestic Affairs,) 18th July, 1776, tqI. 1,
page 890.
Note 166, Page 689.
Secret Journals of Congress, ( Domestic Affairs, ) toL 1, page 890 to 967.
Note 167, Page 689.
Secret Joomals of Congress, ( Domestic Affairs, ) toI. 1, page 448.
Pnblie Journals of Congress, toI. 3, page 586.
See Correspondence above, page 81.
Note 168, Puge 694.
Secret Journals of Congress, SOth August, 1776, to 15th Norember, 1777,
Tol. 1, page 304 to 349; 17th Norember, 1777, toL 1, page 968; 28d June to
3Sth June, 1778, toL 1, page 368 to 386; vol. 1, page 481 to 446.
Public Journals of Congress, 10th July, 1778, vol. 8, page 619.
Story's Commentaries on the Constitution, toI. 1, pagee 814, 898.
Note 169, Page 696.
For the proceedings of the Legislature of Virginia, SOth November, 1 796 ; 1st
December, 1785; 81st January, 1786; seeCaUot's Debates, toI. 1, pages 147,
150. The lost resolution, as there given, varies somewhat from that quoted by
Mr. Madison.
Journal of the Senate of Maryland, November, 1784, page 43.
Journal of the House of Delegates of Maryland, November, 1784, pages 103,
106, 107, 113, 181, 185; November, 1785, pages 7, 10, 11 and 80.
Washington's Writings, 18th January, 1784, vol. 9, page IL
Life of John Jay, 16th March, 1786, vol 1, page 843.
Bfarshal's Life of Washington, vdl. 5, page 90.
Story's Commentaries on the Constitution, voL 1, page 8581
Kr TAILS or EsrsBurcia.
Kon ITD, FMB in.
Lawiof the UnitMl StaM, («ditiM of 1816,) tqL I, pageSS.
BliM'i Detxtft, vol. 1, pap 160.
Journal of thiSenBta of New York, 6(h Majr, I^ page 103.
MioDUa of tha Aaaombljr of PemuylTutU. SlB Much, 1186, page 997.
%anMl of the AaaemUr of New Jeraey, 30tb March, 1786, page 79^ M
NoretDbo', 1786, page S8; 90ih Norember, 1786^ page 83) SUi NoTUbat,
178G, page 36.
Nora 171, pioi 706.
Putdic Jooroal* of Congrcaa, lHh Fdunaiy, 1786, toL 4, page 618.
Joomal of the Federal ConTCDtion, page S6i
Bee Coireapondcnoe above, page 6S28.
Joornala of the Senate of Virginia, 23d Norembar and 1th Daoamber, 17B6.
Joqniali of the Hook of Delegatea of Tirginia, 9tli Norember and 4th Da*
etmber, 1786.
Nan 179, nat 707.
" A Diaaertalkn on tha Political Uoion and Conttitation of ibe ThoUHi
Uoiled Statee of North America, Philadelphia, 1783." Thia pamphlet «m
republished in a voluM of Political Eaaaya by Pelaliah Webater, PhOadd-
phie,1791.
Note 173, rtat 7VT.
See Debatea abore. page 499, and nferemea at note 69.
Jmimal of the Scmic of New Yoik, 19th Jnljr, 178^ page 97; flOlh Jolf,
ma.
NoK 174, rial TUB.
Thereiaalatlaof thii date to Mr. Maditen, though not on the inl^ ben '
friefied 10, in the Lift of Richard Henry Lee, tdI. 9, page 61. Hr. Lea wm
dected Preaident of Congreai on the SOlh NoTember, 1784.
Mr. Webaler'i propoaal wa* emtained in a pamphlet poUiahed in the vinler
TABLE OF REFEREHCES. \v
The letter of Mr. Blodison to GenenJ Waahhkgton, of 16th April 1^97, has
notheeniiieeitedbythefimiierinthieworic It Will be found in Washington's
ritingi, toL 9, peige 616, Appendix No. iii.
Note 177, PKge 715.
See Debates below, 8th Jane, 1787, page 821; 19th June, 1787, page 8W;
17th July, 1787, page 1117; 23d August, 1787, page 1409.
Journal of the Federal ConTention, 31st May, 1787, page 87; ah June, 1787,
page 107; 19th June, 1787, page 136; 17th July, 1787, page 183; S3d August,
1787, page S81.
North American Reriew, voL 8S, pages S64, 265, 266.
Note 178, Page 715.
See Correspondeneeabore, page 630; Debates below, page 799.
Note 179, Page 783.
Journal of the Federal Convention, page 33.
Laws of Ddaware, 3d February, 1787, vol. 1, page 892.
Note 180, Page 749.
See Yates' Minutes, 30th May, 1787; Elliot, toI. I, page 441.
Note 181, Page 753.
It is stated in Yates' Minutes that the State of New Jersey was not reprs-
tented in the Cotivention till this day. No vote of that State appears preriously
on the Journal.
Note 182, Page 757.
See Debates below, Sd June, 1787, page 779 ; 2l8t June, 1787, page 925 ; 7th
August, 1787, page 1255; 8th August, 1787, page 1256.
Jefoson's Woiks, vol. 2, page 273.
Note 183, Page 759.
See Debates below, 2d June, 1787, page 778; 7th June, 1787, page 8181
Note 184, Page 764.
See Debates below, 4th June, 1787, page 781 ; 13th June, 1787, page 860;
15th June, 1787, page 865; 16th June, 1787, page 875; 24th August, 1787, page
1417.
Jefferson's Works, vol 4, pages 160, 161.
The Federalist, No. 70.
Debates in the Convention of North Carolina, 26th July, 1788, EUlot, voL 4,
fagel21.
Note 185, Page 7G7.
See Debates below, 13th June, 1787, page 860; 19th July, 1787, page 1151;
24th July, 1787, page 1189; 26ih July, 1787, page 1210; 6th August, 176X
page 1236; 4th September, 1787, page 1486; 6th September, 1787, page 1508.
The Federalist, No. 71.
Story's Commentaries on the Constitution, vol. 3, page 291.
Iri
TAiL> or^srsBKHcsa.
Hate IBB, Pag» 770.
SMiMalmbelDW, 13th fcie, 1187, page 660; 19th July, IIBJ, PH* 11*.
Mtlt Juljr, 1787, pfe 1188 ; Gth Auguit, 11ST, p>r 1336; Mth AopiK, 1787,
pegs UI7; 4th Sgplembe^ 178T, page 1486 ; Gth S^twnber, ITffl, page UHK.
Dtbautin the Connmionof Tirginia, ISth June, 1788, BUoi, vol. 3, page
«lto454.
DeUtM in the Ccnrenikn of North Cw<din«, S6ih July, 17BB, Effiot,
ToL 4, pege 1S3.
"Dtbaut in the ConTeuEon of Pemujlruie, Ilth DeoMnber, 1787, EDiM,
Td.«,P«ge<T3.
Note 187, Page 77B.
See IMiatet below, lSthJiue,17B7,psge 860; 6th Anput, 1787, pefelflR
The Fedenlin, No. 73.
Note 188, Page 719.
Bee Debate* beloir, 13th June, ITBT.pageSaO; ISthJuIr, ITSTi piigellST;
96th Jnlf, 1787, page lSS4;6DiAngiM,17S7, page 1937; 4lh September, 1787,
page 1488; 8th BqKembei, 1787, page 1518; iSth September, 1787, pagalU&
The Fcderaliat, No. 66.
DebaUa in the ConTetUioD of North CBrolioa, 94th July, 1786, EUiot, toL 4,
page 60; 9&th July, 1186, BUot, ToL 4, page 70 ; 98th July, 1788, Elliot, vol.4,
Note 189, Fag« 188.
See Debatei aboTe, page 7S3, and rtferencea al note 184-
Note 190, Page 190.
See Debatei below, 6th June, 1787, page 809; l3th Joii^ I1B7, paga 880;
9lM July, 1187, page liei; 6(h Augnet, 1181, page 1931; ISth AngnM, 1787,
page 1333; l»h SqMember, 1187, page 1648.
The Federalist, No, 61 ; No. 13.
Debatea in the Convention of Fenneylvania, let December, 1787, BUiot, *ol.
* TIBLS OF RITEEKIIGM.
EM J11I7, 1787, pa^ 1177; S6cli Jaly, 1787, page ItB; Mi Angoat, 1787, ptigt
1941; Slat Auguat 1787, page 1470; 10th S^iteaiber, 1787»page 1539; lOlb
September, 1787, page 1593. ^
The Federaliat, No. 43.
Note 194, Page 800.
See Debatea bebw, 18th July, 1787, page 113a ^
The Federaliat, No. 81.
Note 195, Page 809.
See Debatea above, page 757, and referencea at note 188.
Note 196, Page 818.
See Debatea abore^ page 790, and referencea at note 190.
Note 197, Page 821.
See Debatea abore, page 759, and nfereaeea at note 183.
Note 198, Page838.
See Introduction above, page 715, and refisreneai at note 177*
Note 199, Page 830.
See Debatea above, page 770, and references at note 186l
North Carolina voted in the negative. Journal of the Federal Convention,
9th June, 1787, page 110.
Note 900, Page 843.
See Debatea above, page 757, and references at note 188.
Note 901, Page 843.
See Debatea above, page 759, and referencea at note 183.
Note 909, Page 845.
See Debatea below, 13th June, 1787, page 8Cl; 26th July, 1787, page 1925;
6th August, 1787, page 1941 ; 30ih Au^iust, I787« pa|^ 1468; 10th September,
1787, page 1533; 19th September, 1787, page 1559; 15th September, 1787,
page 1590.
Debatea in the Convention of Massachusetts 30ih January, 1788, Elliot, vol.
S, page 199; 1st February, 1788, Elliot, vol. 9, page 148; 5th February, 1788,
Elliot, vol. 9, page 169.
Debates in the Convention of Virginia, 4th June, 1789, Elliot, vol. 3, page
56; 5th June, 1788, Elliot, vol. 3, page 76; 6th June, 1788, Elliot, vol. 3, pages
110, 114; 10th June, 17SS, ElUot, vol. 3, page 199; 95th June, 1788, Elliot, voL
3, pages 568, 673, 583, 585.
Debatea in the Convention of North Carolina, 99th July, 1788, Elliot, voL 4,
page 189.
Note 903, Page 846.
See Debatea bebw, 93d July, 1787, page 1176; 26th July, 1787, page 1995;
6th Auguat, 1787, page 1941 ; 30th August, 1787, page 1468.
106
Inii MBLB OF.REPXRIMCXf.
Dcbalai iD tbe Coniniilia* of Connaetieul, 9th Jnavaiy, 1188, Blut, vd. 1^
page SOS.
DabtktM in ilie Coareiition of New York, Tlh Jnlf, ITSB, EDiot, toL I;
Debate* in the ConTcntion of North CwoUiu, 30th Joly, 1789, BUiot, nL 4,
psgem.
bebilci ia Congreu, 6th May, 1TB9, Elliot, toI. 4, page837.
NotaSOf, FageSie.
See Debetn nboTe, page 197, and refereneea at note 193,
Journal of the Fedenl Convention, page 111.
Noie 906, Paga 84S.
See Debate! bdow, 13th June, 1787, page 836; Slat Jum, 17ST, paga9S8;
S6lh July, 1787, page 1390 ; 6th Auedm, 1T87, page ia?7.
Debates in the ConTentbn of Mwiachuaeua, 14(h JanuatT, 17S8, Bliot, toL
S, page 36 ; 15th January, t7S8, Elliot, toI. 2, page 37 to SO.
Debate! in the ConTantion of New York, SIM Juna, 17S3, Ellkx, toL %
pageSW.
Debaiea in the ConTention of PonnaylTania, 4(h December, 1787, EUliot, voL
1,page433-, 11th December, 1787, Ellio^ toI 3, page 491.
Ddiaie! in the ConTention of Virginia, 4ih June, 1788,QliDC, toI> S, page 47.
Debate! in the Convenlioa of North Carolina, Slth July, 1788, Qliot, voL 4,
page 57.
Tlte Federaliat, No. B3, No. 53.
Note SOG, Page SSI.
8ae Debate* below, 3Sd June, 1T87, page 931 ; S3d June, 17ST, p*ge 930;
MthJune, 17ST, page 969; i8th July, 1T87, pagea 1Z20, 1331; Gth AngOM,
1TBT, pagea 1227, 1S30, 1211; Blh Augu■^ 1TB7, page I2H; 10th Auguat,
17B7,pBge 23S; 13lh Au^il, 17ST, page 1399 ; 14th Auguil, 1TS7, page 1317;
Itt September, 1797, page 1479; 3d Septembrr, 1TB7, page I4S1.
Debalea in the ConTention of MaaiaehuKtu, ITlh January, 1TB8, Hliot, tcI.
TABLE OF REFERENCBB. lix
Debates in the Conyention of New York, iMdi Jane, 1788, Elliot, toI. S, page
978 ; 25th June, 17B7, Elliot, vol. 2, page 297.
Debates in the Convention of North Carolina, 25th July, 1788, Elliot, toL 4,
|»ge66.
Noith American Review, vol. 25, pages 263, 265, 266.
Note 206, Pago 855.
See Debates below, 13th June, 1787, page 860; 15th June, 1787, page 865 ;
18th June, 1787, page 892; 18th July, 1787, page 1137; 26th July, 1787, page
1224; 6th August, 1787, page 1238; 27th August, 1787, poge 1435; 28th Au-
gust, 1787, page 1440.
Debates in the Convention of Massachusetts, 30th January, 178S, Elliot, vol.
3, page 126.
Debates in the Convention of Virginia, 18th June, 1788, Elliot, vol. 3, page
472; 20th June, 1788, EUiot, vol. 3, page 484; 2l8t June, 17BS, Elliot, vol. 3,
page 511 ; 23d June, I7S9, Elliot, vol. 3, pag4 523.
Debates in the Convention of North Carolina, 28ih July, 17S8, Elliot, vol. 4,
page 148 ; 29th July, 1788, Elliot, vol. 4, pa;^ 163.
Debates in the Convention of Pennsylvania, 7th December, 1787, Elliot, vol.
2, page 452 ; 11th December, 1787, Elliot, vol. 2, page 476.
Address of Luther Martin tp the Legislature of Maryland, 27th January,
1788, Elliot, vol. 1, page 414.
Objections of Greorge Mason to the Federal Constitution, Elliot, vol 1,
page 534.
Report of James Madison to the Legislature of Virginia, 7th January, 1800,
Elliot, vol. 4, pages 575, 590.
The Federalist, No. 80 to No. 88.
Story's Commentaries on the Constitution, vol. 3, page 499 to 651.
Note 209, Page 858.
In the Journal of the Federal Convention, page 121, the vote of Pennsylvania
is given in the negative.
The remarks of Mr. Butler on this motion, as reported in Yates' Minutes,
are somewhat different, Elliot, vol. 1, page 4o6.
See Debates below, 6th July, 17S7, page 1024; 6th July, 1787, page 1040;
16th July, 1787, page 1108; 2C:h July, 1787, page 1228; 6th August, 1787;
page 1228; 8th August, 1787, pa^ 1266 ; 9ih August, 1787, pnges 1268, 1270 ;
11th Augus', 1787, page 1297; I3th Au^st, 1787, pa;3:e 1305; 14th August,
1787, page 1321; 15th Augu^, 17S7, pa?e 1331 ; 5th September, 1787, p^ges
1494, 1495; 8th Septcmlicr, 1787, pnire 1530.
Debates in the Convention of Virginia, 14th June, 1788, Elliot, vol. 3,
pasre352.
Objections of George Mason, one of the Delegates from Virginia, Elliot, vol.
1, page 533.
Address of Luther Martin to the Legislatoro of Maryland, 27th January,
1788, Elliot, vol. 1, page 4ia
UE T&BLB OP BBFERBNCSS.
NotellO, PaeaWI.
TbtM noolutioM will be <baod ia the Jcium>l of Ibi Fedsral CoovcDtion,
19tk Jiue, 1787, page 134. Then are nrbtl diflmnoei in the fint, faonh,
MTeMh, eigtob, ninth, tenth, elereDth, Ihiitanih, fi&eenth, and nineUeuth nw-
HoteSII.PagiSCT.
JaunulofFedctalCanTentiiin, ISlhJune, ITST, pog* 123.
In the copy here pten the two following reeolu^ottf. Hated in the Jounul to
tia*e been oSard by Hr. pBtierxin with the rat, are entirely omitted:
" RMolTed, That the Leeiilatira, EiecaliTe, and Judidaiy powera, within
the WTeral 3lUe«, ought to be bound by oath to auf^xnt (he Aiticlc* of Union.
" ReaoWed, Tbat pni*i>ian ou^ht lo be made for hearing and deciding upoa
a^ diepotea arising between the United Siolea and an indiridual Stale, teapeet-
iagtemiorj."
* Note III, Page STS.
flttfed in Yatea' MiniUea lo be Qen. Chaika C. nnekney, EtUot, toL 1,
Note SIS, Page 67S.
Theee apeeehn o( Mr. Leneing, Mr. PoKereon, Mr. WHaon, and Mr. Ran-
dolph, are Tery fully reported in Yalei' Minotet of thia day*! debata. Sa»
EUot, vol. I, pace W7 to 4n.
Sea alao Mi. Martin'a atatement in regard to the debate on Mr. Ptftaraoa'a
naolotiona in hi* Addreaa lo the Legialatnre of Marylandi 27ih January, ITBB,
Elliot, Ti^ lipageSSB.
Ifolc 214, Page 89S.
See Appendix No. 5, page 16, fi]r"Copyof apaperriMnraanieaied lo Janes
Uadiaon by Col. Ilamilion, about ihe cloee of the ConTention in Philadelphia,
I73T, which, he aaid, di^tinealcd the Constitution which he would have wiabtd
to be propoacd by the CoDTcnlion."
Yarn' Minute*, 18lh June, 1797, Elliot, Tnl. 1, page 401.
TABLB OP RBFBRENCE8. Izi
Debates in the ConventioA of Vtri^iiiU, Tth June, 1798, Elliot, vol. 3,
pafe 144.
Note 217, Page 904.
A ftw remarks of Mr. Dickinson on this motion, wUch are omicied hy Mr.
Madison, are given in Yates* Minutes, Elliot, toL 1, page 469.
Note 218, Page 908.
Yates' Minutes, Ellkit, vol 1, pa^ 470.
Debates in the Convention of Massaclmsetts, Slst Janaaay, 1788, Elliot, vdi
f, page 78.
Note 219, Page 908.
See Debates in the Convention of New York, 2Sa Jans^ 1788, Elliot, voL S,
page 906; 94th June, 1788, Elliot, vol 9; page 99^
The Federalist, No. 17, page 87.
«'
Note 220, Page 919. a *
Letter from Mr. Yates and Mr. Lansing to the Goremor of New York, eon^
taining their reasons for not subseribtng ths Federal Constitution, EUiot, voL 1,
pags 016.
Note 221, Page 910.
Yates* Bliautes, 90th June, 1787, Elliot, vol 1, pags 479.
Debates in the Convention of Virginia, 1 1th June^ 1788, EQiot, voL 9, page 909.
Note 222, Page 916.
Yatea' Minutea, 90th Jane, 1787, Elliot, vol. 1, page 479.
Address of Luther Biartin to the Lpgislature of Maryland, 27th January,
1787, EUio^ voL 1, page 988.
Note 229, Page 918.
Yates* Minutes, 90ih June, 1787, Qliot, voL 1, pags 479.
Note 224, Page 990.
Yates' Minutes, 90th June, 1788, EUiot, vol. 1, page 474.
Debates in the Convention of Penniylvania, 90th Notember, 1787, EUiot,
voL 9, page 997; 1st Deoember, 1787, Elliot, voL 9, pages 417, 418.
Note 225, Page 999.
Debates in the Convention of Peansylvania, 99th October, 1787, Elliot, vol.
2, pages 411, 412.
Note 220, Page 925.
See Debates below, page 978.
Debates in the Convention of Virginia, 7th June, 17M, EQiot, voL 9,
page 146.
The Federalist, No. 46, No. 46.
Judge Baldwin's Views of ths OoBstitutido, pages 6, 90.
IXU TABLE or BSFBBEVOSI.
NoU »T, Page B28.
S« IMiate* dxiTa, page TS7, and rcferencet u ooU 181
HDte2t8, FneoMI.
See DAalM abo*e, page Stf, and rcfcroncu at not* lOS,
Note 229, Page 9SIL
Thsiemarkaaf Mr.Hnmilton and Mr. Elttwoithu
IB Yuet' Minutee; and Ihere u» eoms obeervatJani
1, which are nM nolicad by >
NoU 2W, Pica SSO.
Moved hj Bfr. Uaaon, YbM' Miaoiai, >3<
Elliot, Tol. 1, poee 478.
JuM^ 1787, EUiot, ToL I,
> Nouai, PageBU.
^ Dcbaui abore, page 851, and refeitnee* at nMa 906,
N[)la333,Fag«937.
See Debate* abore, page SSI, and reSirencct at note 908,
Nou 033, Page 93a
Tbe debate on ihia loMton ii more ruU)' reponed in Yatei' Hiinta^ tBd
JtUM, 1787, EaiM, Tol. 1, page4T9.
Sea Ddtaie* above, at page SSI, and nftiencai at note 90&
Sea alto Dd>Bt«i below, page 939 to 9^
Note 1S4, Page M>.
See Debate* abore, page 861, and reftreneea at note 90A.
TABLE OF EfiFSmXHCBf • Ixui
Note J40, Page MO.
' Bftr. Biadiaon'i nmaiki on thU motion are omitted. See Yatee' Minutei,
flStk Jane, 1787, Elliot, toL 1, page 488.
Note 841, Page MS. /.
Theee lemarka of General Pinokney are reported mora ftdly, and lomewhat
differently, in Yatea' Biinutea, SGth June, 1787, Elliot, toL 1, page 489.
Note 343, Page 965.
See the report of thia debate in Yatea' Minutea, Elliot, toL 1, page 489 to 491.
Note 243, Page 969.
See Debatea aboTe, page 863, and refereneea at note fi07.
Note 944, Page 971.
See Debates above, 19ih Jane, 1787, page 858; 13th Jone, 1787. page 859,
96th July, 1787, page 1^1.
See also references at note 906.
Note 945, Page 973.
In the Joomal of the Federal Conrention this rote is thus given : Connecti-
cut, PennsylTsnia, Delaware, Maryland, Virginia, North Carolina, aye— 6.
Massachusetts, New York, New Jersey, South Carolina, Qoorgia, no— 5.
Note 246, Page 978.
See DdMtes aboye, 12th June, 1787, page Q&i ; 18th Juno, 1787, p|ige 859;
26th July, 1787, page 1221.
See references at note 206, page 851.
The propositions of Dr. Franklin, given below, in the Debates of the SOth
June, 1787, page 1009, are stated in his works to have been offered on this day,
the 26th June.
Franklin's Worka, (Sparks* Edition,) toI. 5, page 142.
Note 247, Page 977.
This speech of Mr. Martin is r^rted mora fully in Yates' Minutes* 27th
and 28th Jans, 1787, EUiottToL 1, page 493 to 497.
Note 248, Page 988.
See Debates abore, page 925, and the referc^fiees at note 226.
Note 249, Page 983.
An explanatory remark of Mr. Martin, in reply* will be found in Yates*
Biinutes, EUioC, vol 1, page 498.
Note 260, Page 984.
Some remarks of BIr. Biadison in reply to Bfr. Sherman, not hera glTsn
will be found in Yates' Minutes, Qliot, toL 1, page 498.
Ixir TAILS or iBnuHcci.
VMWurtiStiM.
' FnaUin't Worin, {Spuka' Edition,) vol B, page IN.
StU if Dr. /VoiUitt*: "Tbe Coavmlion, except time or imi p«tHB%
thought pa,jta unneceauiy,"
NoUlU, r>ce»2.
Sea DdMUe above, paga M6, mnd tha nOnncaa at otM IM.
Story'i Conuneatariea on iba Conatiiiuion, voL S, page ITS.
Note lU, Pap 996.
Thii qNNb it verf fUljr icponcd io Yatci' Minatta, EUiot, vol 1, page SOOh
Note £U, Page 9M.
Tbe nmarin of Mr. Madiaon, at wme Itnglh, on this nadntioa, ud h«a
omined, will be Gnuid in Yatad* Mioutea, EUiot, *o1. 1, page Mt.
Note 8&5, Pace 1000.
The law or New Hampahirc, appointing Delefatea, paaeed on Ibe fTtli Jana t
Meaara. Langdon, Piduring, Qillmui, and Weal, were ekoeen ; on Ibe ltd
July, Mcaan. Langdon and Oillnian tnok tbttr aeata ; Bdeaan. Pickering aad
Weat nnet attendad.
Joiunal of tiw Federal CbaTeotion, pogei 17, IM.
Note SSa, Page 1004.
Tbeee fpeeebee of Mi. Wilaou and Mr. Dlawonh an nty ftdlf npoitad in
Yate*' Hinutea, Bliot, voL 1, pagra tU, SO<l
Note U7, Page 1011.
Tha propoaiiioDi of Dr. Franklin, offend in the Down of thli debate, an
fiicn in hia worka, with remaika diflcnnt from thoaa hm itpoited i they an
alio RBUd to hare betn oflared on tbt 96th June, FianUin'a Woriu, {Spukif
Edition,) Tol. 5, page 149.
Thia Bpeoeh of Mr. Bedford ia rqxntod aomnrhat aure IbH^ in Yatair
t.T0[.l,f
TABLB or KRFBABKCBS.
IXT
SUUes,
New Hunpthire
lAaMftchuietU Bay,
Ihode bland,
Oonnecticitt,
NawYoik,
New Jeraey,
PenneyWania,
Delaware^
Biaryland,
Virginia,
North Carolina,
Sooth Carolina,
Geor^a,
88,000
358,000
56,000
802,000
836,000
138,000
341,000
87,000
174,000
300,000 ^
181,000
93,000
87,000
lljUfiOO
K0.tfBUeks.
146/100
80,000
300,000
The following quotas of taxation are extracted from the printed Joitmalt of
the Old Congreee, September 87th, 178&.
Quota of Tlsc
DeUgakL
Virginia,
518,974
16
Maasachuaetta Bay,
448,854
14
PennayWania,
410,378
181
Maryland,
883,034
81
Connecticut,
804,188
8
New York,
8ri6,480
8
North Carolina,
818,018
61
South Carolina,
198,306
6
New Jeraey,
iri6,716
5
New Hampshire,
105,416
31
Rhode Island,
646^
3
Delaware,
448,86
U
Georgia,
380,00
1
ZfiOOfiOO 90
Note 361, Page 1045w
See Debates above, page 868, and refen neca at note 309.
Note 263, Page 1051.
See Debates aboTr, 11th June, 1787, pa^ 843; 19ih June, 1787, page 908t
35th June, 1787, page 955; 29c h June, 1787, page 983; 29th June, 1787, page
991 ; 5th July, 1787, page 1084.
See Debates below, 14th July, 1787, page 1098; 16ih July, 1787, page llOt;
9th August, 1787, page 1271.
Addiess of Luther Nfaitui to the Legialatiire of Maryland, 87th Jannaiy^
1787, Elliot, Tol. 1» page 886.
Ixn TABLB OF KBrCAIHOBa.
NotaXt, PtplOM. '
NswYoA—DOi inthi JodtimI of ihe Federal ConTcnticMt lOlh Julf, 1^7,
Note 264, Pig* 1060.
New Yoril— no ; in Uw Jounial of Iho Federal Coimation, lOUt Jxij, 1787,
pageiee,
Nou 3G5, Pace 1061.
Sea DetMlei below, IGth Mf, 17ST, ptps HOT; SOU) Julj, 197, pH* I1S>1 .
2Gth July, 1737, page 1223-, 8th AusuI^ 1787, p«£> 1937; aOth AuguM, 1787,
pa^e 1877; 2lit Aogvut, ITST, page 1880.
DebaUa in the Conrenuon of MaaaadiiiaeKa, 17tli Junuiry, 1788; Blioc,
Tol. 2, page 68.
Addree* of Lather Maitin to the Le^atuit of Mvyland, S7th Junury,
1788 ; EUiot, voi 1, pac« SSS.
Debate! in the Conreniioo of New YaTl^ Ud June, 1788 ; EUiot, loL t, pac*
367.
The Pederaiilt, No. 66, page 812.
Note 266; Page 1068.
Thia reaolulion iB,aoniewhBt difletent, aa giren in the Jomna] of llw Fedoal
CoDTeniion, lOih July, 1787, page 167.
NoCa 367, Page 1066.
Thia reaoluiion ii aomewhat dLSonml, ai ^ven in the JooRud of the Federal
Contention, llih July, 1737, page 168.
Nota 268, Pb|^ 1087.
Btf! Debate* above, 1 1th June, 1787, page 842 ; ISth June, 1787, page BM i
Sth July, 1787, page 1024; 9th July, 1787, page 1062; 10th July, 1787, page
1063 ; lllh July, 17ST, page 1066.
Bee Debalea below, ISlh July, 1787, page 1090; lOth July, 1737, page HOB;
TABLE OF SEFKRBHCESk IZTli
Atdran of lather Martin to the L^tilatttra of Marybuid, S7th January,
UBT, EUiot, Td. 1» pages 886, 4M.
Objactiona of Gaorge Moion to the Federal Conititution, Elliot, toL 1,
Letter of Meeara. Yatea and Lanaing to the Legialature of New York, El-
liot, Tol. 1, [Nige 617.
The Federalist, No. 86, No. M, No. M, ond No. 68.
Addreaa of the Minority of the ConTention of Pennsylvania to their Gonitis
tnents, Ameriean Museum, toL 2, pagea 647, 661«
Letter of Richard Henry Lee, 16Ui October, 1787, Elliot, vol. I, page 646.
Debatea in Congress, 14th August, 1789, Gales and Seaton, (First Series,)
Yol. 1, page 749; 21st August, 1789, vol. 1, page 80&
Jefferson's Works, vol. 4, page 466.
8tory*a Conunentariea on the Constitution, vol 8, page 147.
Note 269, Page 1096.
There are some verbal variations between the resolution as given here, and
that in the Journal of the Convention, page 177.
Note 270, Page 1109.
See Debates above, pages 1061 and 1087, and references at notes 9G2 and 968.
Nole 271, Page 1109.
See Debatea above, 29th May, 1787, page 733; 81st May, 1789, page 760 ;
13th June, 1787, page 869.
See Debates below, 17th July, 1787, page 1114 ; 6th August, 1787, page 1833.
Note ST2, Page 11 16.
See Debatea above, page 828, and references at note 198>
Note 278, Page 1119.
See Debatea above, page 828, and references at note 198.
See Debatea below, 23d August. 1787, page 1809.
Note 274, Page 1 124.
See Debates above, page 770, and referencea at note 186.
See Debatea bebw, 94th July, 1787, page 1188; 94th August, 1787,
page 1420.
Note 276, Page 1180.
See Debates above, page 767, and references at note 186b
Note 276, Page 1130.
See Debatea above, page 790, and referencea at note 190.
Note 277, Page 1135.
Sea Debates above, page 798, and refsrences at note 192.
hcriii TAILS or MraKBHCBt.
HouSTB, Ph«1M1-
See IMmm behw, 9Gtb 3a\j, VXJ, PH<> ISa; 6ih Ango*, lltT, p^ti
1S4I i aOth Anput. l^n. («<• 1466; 13ih BcpUmbtr, l^ST, ptp 1566; taUi
ScpumbcT, ITST, pa^e ISBO.
Ddwlf* in the ConTcniion of Tirginia, Ttli June, 1788; EUiot, toL >, paga 144.
The F«denli«t, Ho. St, No. 1Z.
Nou STS, FagB 1149.
There an aonu mbal Tinaliona bdwrcn the rttdOaon, a« gina hen, and
tbu in the Journal of the Contenlioii, pjge 190.
NoU ISO, Page list.
See DebaUa aboie, pa(« 7CT, and icfcioKc* at iwM ISS.
Nolo SSI, Page 1I6L
Bee Debate* abon, 13ih Jnne, 17ST, pap SCO, page 779, aod ttbreucm A
DOUiaa.
NotaSSS, PageinL
See Debalea aboTS, page 790, and icfancea at note 190; paga SIS, and
nou 196.
NoteltSI, Pogeim.
See Debate* abon, page 791, and refmneee at note 19S.
Note tSt, Page 117S.
Sea Debate*, lal Jute, I7S7, page TSB; ISib Janr, 1^ pa^a BSO; 171b
July, 1787, page IIS4 1 lAh July, 1787, page 1130; 9l«i Jaj, 1787, page 1171 ;
Ah Julr, 1787, page Itti; Sth Aii|;ii«, 1787, paf^ii 1S34, 1237; 4th Septem-
ber, 1787, page 1487; 7th September, 178T, page IBB}; t9Ui Bepteoibar, VSff,
pagelSSS.
The Federaliit, No. 78, No. 77.
NolaaSS. Page 1 185.
TABLE or XEnXKHCBf. isuC
Oibalet in the Conrentioii of N«w HamfMhire, Dliot, vol. 2, pni^ 207.
Debates in the Convention of Miuwaehaeetta, IHth Jtanuury, 1788, EUtoC, vol.
t, |Mge 66 ; 25th January, ITSS, Elliot, vol. 2, |mi^ 121.
Oebotcs in the Convention of Vir^nin, l&ih June, 1788, Elliot, voL 3, poft
417; 17th June, 1788, DUot, vol. 8, (Sa^e 442.
Debatet in the Convcntiou of North Carolina, SOth July, 1788, EllioC, toL 4,
pc^e 118.
Debates in the Convention of Sooth Carolina, 16th January, 1788^ EOioC,
vol 4, pages S65, 9G9, 277, 88&.
Amendments to the Constitution proposed by the States; Supplement to the
Journal of the Federal Convention, page 468.
Debates in Congress, 13th May, 1789, Gales and Seoton, (First Series,)
ToL 1, page 352.
Objections of George Msson to the Federal Constitutbn, Elliot, voL 1,
page 635*
The Fedenlist, Noi 7, page 86, No. 86, Na 48, No. 44» page SSa.
Nole288, Page 1211.
Journal of the Federal Convention, 26th July, 1787, page SM. Thara tit
some slight veibal differences.
Note 289, Page 121&
See Debates bebw, page 1226.
Note 290, Page 1226.
Journal of the Federal Convention, 2Uth July, 1787, page 807. The dotes
when each lesolutioa was ftnoUy passed are there given.
Note 291, Page 1242.
Journal of the Federal Convention, 6th August, 1787, page 215. There are
a fbw verbal differences. The original draught, from which each is taken, was
printed, and is among the papers relatin(^ to the Convention, which were de-
posited by General Washington in the Department of State, on the 19th March,
1796.
Note 292, Puge 1243.
The proceedings on (his motion are more fully stated in the Journal of tho
Federal Convention, 7th Augus^t ^787, page 280.
Note 293, Page 1249.
The Federalist, No. 58.
Note 294, Page 1266.
See Debates above, 81st May, 1787, page 768 ; 2l8t June, 1787, poge 926l
Debates in the Convention of Virginia, 4th June, 1788, Elliot, vol 8, (Migs 41.
The Psderalist, No. 62.
IXK TIBLB OP BXPEBENCSB.
Sea DcbatM thove, pag* 851, and tefcreocei at note SOU
Note SM, Page 1266.
8m Dabatea «bo«, page 1087, and reiucncei at oou MS.
Note E9T, Page 13B8.
Baa Dabatea abore, page 856, and reTerencea at note 309.
Note 39B, Page 1979.
See Debatea aboTe, Illh Jnne, 1787, page SM ; Ulh Jiuw, ITBT, page 960:
8aa Debatea below, ISth Auguu, 1787, page IXi.
Tba FedefBliat, Ho. es.
Note 399, Page l»l.
Bee Debate* aboTe, 6th August, 1787, paga 1EE9.
See Debatea below, )3th September, IT8T, page IM6.
DdMtea in the ConTcntion of Maaaacliusetia, ISih January, IfBS, BUol,
vol. 3, page 60; ITih Januaiy, 1T9T, E31k>t, toI. 2, page 5T; Slat January,
118T, EUiot, ToL I, paga TS.
Debatea in the ConTcntion of Virginia, 4th June, 1788, EIliM, vol. S,
page 43; 5th June, 1786, Elliot, vol. 3, page 86; 9th June, 17^ Elliot, vol.3,
page 183 ; 14th June, 1788, ElUol, toL 3, page 314.
Debatea in the Convention of North Carolina, 35th Joly, 17B9, Elliot, vol 4,
Ampmlmenta to ibe Conttitution proposed by the Slatea ; Supplement to tba
Journal of ibe Federal ConTention, page* 40S,411, 41B, 420, 4U, 447, 454.
Letter of Elbridge Oeny to tba Legislature of MaMacliueetu, 18th Octdier,
1787, Eliot, vol. I, page 531.
Address of the Minorit)' of the Convention of Peniu]'l*ania, Amenean
Mueetm, vol. t, page 545.
Note 300, Page 1287.
TABLS OF E£FEKB3rC£S, IXZI
/
Note 804, Page 1297.
See Debate! below, ISih September, 17S7, page 1547.
Debatee in the CooTention of Virginia, 14th June, 1788, EllioC, toI. 3,
P«ge345.
Note 305, Page ISOA.
See DdMtes above, pages 851, 1279, and references to notes 206, 293.
Note 30G, Page 1316.
See Debates above, page 858, and references at note 209.
Note 307, Page 1826.
See Debates above, page 851, and references at note 206.
Note 306, Page 1330.
See Debates above, page 851, and references at note 206.
Note 309, Page 1333.
See Debates above, pages 790, 812, and references at notes 190, 196.
Note 310, Page 1338.
See DdMtes above, page 790, and references at note 190.
Note 311, Page 1848.
See Debates above, page 1187, and references at note 287.
Note 312, Page 1346.
See Debates above, 6th August, 1787, page 1282.
See DdMtes below, 12th September, 1787, page 1549.
Debates in the Convention of North Carolina, 26th July, 1788, EUioC,
vol. 4, page 109.
Amendments to the Constitution proposed by the States; Supplement to the
Journal of the Federal Convention, page 461.
The Federalist, No. 41, page 281.
Note 818, Page 1847.
See Debates above, 6th August, 1787, page 1282.
See Debates below, 12th September, 1787, page 1549; I4th September, 1787,
page 1674.
Note 814, Page 1861.
See Debates above, page 1141, and references at note 278.
Also Debates above, 6th August, 1787, pages 1232, 1241; Debates below
28d August, 1787, page 1409; 30th August, 1787, page 1466; 12th September,
1787, pages 1560, 1559.
Debates in the Convention of Pennsylvania, 11th December, 1787, Elliot,
vol. 2, page 482.
Debates in the Convention of Virginia, 5th June, 1788, Elliot, voL 3, page
79; 6th June, 1788, EUiot, vol. 3, page 111 ; 7th June, 1788, Elliot, vol. 3, page
bCXii TABLE or AnrKKRirCEI.
IM; IStli JoM, 1738, Elliot, lot. S, p»ceHSi 14Ui Jun«, ITtB, EDiot, nil,
page 881.
Addreu of Jjuhm Mutin lo the LtgulBiure of Muylaiid, STth Jkaowy,
1T3B, EUiM, ToL 1, page 415.
Am.. I J mil, to the Coiwtitntion propowd by the Sute^ Sqipltaent lo the
JennuloftlMFidenlCoiiTention, paga446.
Tb FednliM, No. 99, No. 43.
Nou3», Pi«e1SB>.
BaDcbaMabovc.tSib June, 1787, page Ml; 6Ui Aaput, I'7B7,pagatm.
Bea Debate* below, Sih Sepumbar, 1T87, paga 1404; ISdi SqMnber, 1I8T,
pi«e 1550.
Ajnendmenu lo the Coiutitmion propoMd by ilw 9uu«; Supplaneu lo lb«
Journal of Lhe Fsderal Connntion, pagei 484, 4G1.
Public Jouraali of Congnaa, lit March, 1181, vol. 3, pa^ 568.
The FaderalLn, No. S3, No. 41.
Report on the VirginU Reaolutioni, Elliot, toI. 4, page 581.
Note 816, Pigel8S8.
See Debatei bdo«, SIM Auguat 1787, page 18TB ; tSd Angoit, 1T8T, page
ins, 1401) nd Augu«^ ITS7, page 1411) S5(h Augual, 1787, page lOt;
18ih September. 1T87, pages IHB, )S5».
Tk Fadtralia^ Ho.43, No. 81.
Note 817, Page UH.
See DebalM (bore, 2Kh Mar, 1787, page 133; 6ih Jhim, 1797, page SOB.
Sea DebatEi balov, SOih Augiut, 17S7, page 1887i SU Anguat, 17BT, ptf*
1398) 4th September, 1187, page 1488; 7ih 8«ptM)ber, 1181, page IStS.
Debate* in the Conientjoa of FcDiuylTania, 4th December, 17B7, HUet, toL
S, page 474.
Debatea in the Connniion of North Carolina, 38ih July, 178S, Bliol, toL 4,
page 124.
Objection* of Qeoi^ Muon to the CooMitntMn, EUiot, toL 1, page SSI.
TABLE OF RfiFERENCfil. IzXlil
DebalM in Um ConTention of North Cavolina, 96th July, 1788, Elliot, toL 4,
pagtt 113.
Amendmenu to the Constitution proposed by the States; Supplement to the
Jdomal of the Federal Convention, pa^^es 414, 421, 423, 427, 434, 443^ 445, 45d.
The Federalist, No. 24 to No. 29, No. 41.
Note 319, Page 1364.
See Debates above, 6th August, 1787, page 1283.
See Debates below, 21st August, 1787, page 1378 ; 23d August, 1787, page
1408; 12th September, 1787, page 1560; 14Ui September, 1787, page 1978.
Debates in the Convention of Virginia, 5th June, 1788, Elliot, vol. 3, page
78; 6th June, 1788, ElUot, vol. 3, page HI; 14th June, 1788, ElUot, vol. 3,
pages 354, 363 ; 16th June, 1788, Elliot, voL 3, pages 381, 406 ; 24th June, 1788,
Elliot, vol. 3, page 544.
Amendments to the Constitution, proposed by the States; Supplement to ths
Journal of the Federal Convention, pages 423, 427, 445.
Address of Luther Martin to the Legislature of Maryland, 27th January,
1788, EUiot, vd. 1, page 415.
The Federalist, No. 29.
Idessage of the President, 6th November, 1812; American State Papers,
(Gkdes and Seaton's edition,) Military Affairs, voL 1, page 319.
Note 320, Page 1872.
The proceedings are given more minutely in the Journal of the Federal
Convention, 20th August, 1787, page 268.
Note 321, Page 1377.
See Debates above, 6th August, 1787, page 1233; below, 12th September,
1787, page 1567.
Objections of George Mason to the Constitution, Elliot, yol. 1, page 534.
Address of Luther Martin to the Legislature of Maryland, 27th January,
1787, Elliot, vol. 1, page 430.
Note 322, Page 1382.
New Hampshire— aye, not stated in the Journal of the Federal Convention,
91st August, 1787, page 275.
Note 828, Page 1888.
See Debates above, page 1187, and references at note 887.
Note 324, Page 1397.
See Debates above, page 1187, and references at note 287*
See Debates fOwve, 6th August, 1787, page 1284.
See Debates below, 24th August, 1787, page 1415; 26th August, 1787, pig»
1480 ; 29th August, 1787, page 1460.
Debates in the Convention of South Carolina, 17th January, 1788, Elliot, vol.
4, page 288.
Objections of Qeorge Mason to the Constitution, Elliot, vol. 1, page 855.
107
IXXIT
TABLB OF AKFERRNCES.
Nou sag, Page IMl.
bebatn in Uw ConTenlion of VirgiDio, ITlb June, 1788, Elliot, Td. S,
pBfe49Ck.
Amendmenu to tbe FetemI ConTentian pn^ioaed by Lhe Slates; Biqiplenent
(o the Joonul oTths Fedenl ConTenlion, page 430.
Ol^ectioneofQeorge Maeon to the ConMitulioo, Bliol, voL 1, page B35.
The FederelLit, No. 44, No. 64.
Note Sae, Page 1401.
8n Debates abora, page 136B, and refereneea at note 3X6.
Note Xn, Page 1402.
Ses DebalM abore, page ISU, and refemwea at nole 316.
Nou 328, Page 1408.
8m Debates above, page 1SS4, and rdenaeei tt note SM.
Note sa», Page 141L
See Debataa aboTc, pages 828, 1309, and n&ttntm U oou 198.
Note 330, Page 141B.
Sea DAstes shore, Gth Angnst, 118T, page 11S4.
Bee Dabaiw below, 4th September, 1787, pag« 1487; 7th Septembo-, ITBT,
page U90 ; Bth September, 1787, page ISSS ; ISlh Septembei, ITCT, page lfifi6.
DebaleainlheConnntumof yiTginia,18thJuDe, 1788, BliodvoL 3, page
456.
Debates in the ConTenlion of North Carolina, 98th 11117,1789, EUiot, toL 4,
pagetSl.
AmmflmfiHi to the Cooeiitntioo ptopoeed by the States; SiffdaiMBt to the
Journal of the Federal ConTenlion, page 44S.
The EVderaUK, Na «4, No. «9, No. 75.
SpeeohesoTUr. MadiKMiD tbeHonaeoT RapKoenlatiTes, KKhMareh and
6lh April, 17H. D^Mlea on tbe Britiah Treatr, rcl. 1, pages SB, 315.
Speech of Mr. Beldtrin in the House of RepreaentotiTea, I4th Maith, 17M.
TABLE OF EEFEREHCIuS. IxXV
Note 333, Vugt 1432.
Sm Debalet abote, page 770, and reftpeneai at note 186.
Note 333, Page 1496.
Sae Dobataa above, pa^ 1358, and references at note 316.
Note 334, Pa^e 1430.
See Debates above, page 1187, and reference at note 287.
Note 885» Page 1483.
See Debates above, page 1424, where the resolution is staled to have been
negatived without a count. In the Journal of the Federal Convention, page
280, it is also stated in that manner.
Note 886, Page 1433. *
The resolution is not given in the Journal of the Federal Convention.
Note 887, Page 1488.
Sea Debates above, 6th June, 1787, page 784; I8th July. 1787, page 1186;
below, 12th September, 1787, page 1606.
Debates in the Convention of Pennsylvania, 10th December, 1787, Elliot,
vol. 3, page 454; 11th December, 1787, Elliot, vol. 2, pages 476, 490, 487.
The Federalist, No. 78.
Note 338, Page 1440.
The amendmente proposed to this section are mors minutely given in the
Journal of the Federal Convention, 27th August, 1787, page 286.
See Debates above, page 856, and references at note 206.
Note 889, Page 1448.
See Debates above, 6th August, 1787, page 1289; below, 12th Septeaiber,
1787, page 1662.
Debates in the Convention of Virginia, 6th June, 1788, Elliot, voL 8, page 99 ;
17th June, 1788, Elliot, vol 8, page 488.
Debates in the Convention of North Carolina, 28th June, 1788, EUioC, vol. 4,
page 187.
Address of Luther Martin to the Legislature of Maryland, 27th January,
1787; Elliot, vol. 1, page 422.
Letter of Mr. Madison to Mr. IngersoU, 2U February, 1881, Elliot, voL 4,
page 641.
The Federalist, No. 44.
Note 840, Page 1444.
See D^Mites below, 12th Sq>tember, 1787, page 1668; 14th September, 1787,
page 1581.
Seerefacness abovS) aft note 339.
IZZri TABLE OF R£P£RKNCS8-
Not«»41,P*(elM8.
Bm Debate* iboTa, fth Aogiut, ITS7, page 134a
Journal or CtmgRU, latHareli, lTat,Tol, S, page 587.
NMaMI,Pa«aI4W.
See Debooei bdaw, lu September, 1T8T, page 1479; 3d BqMember, 17BT,
page 1480.
TbeFederal]it,No.43.
Note 3)3, Page 1456.
See Debate! aboTc, S8th Auguit, 1181, page 1417i llth S^tembcr, 1787,
page lUS; 13Lh September, I7ST, page 1599.
Debalei in the ConTention of North Carolina, 29ih Jalj, ITSS, Elltot, toL 4,
page 182.
Debetei in the ConTention of South CaroUoa, ITth January, 1138, EUin^
Tol. 4, page 2T7,
NuteSlJ, Pagel4fiS.
Tbe Jounial of the Federd Conrention, 29ih Anguat, ITBT, page SOT, aaja :
" Ob the qseKion being taken it paond in tbe affiimatira; NewHompahire,
MMWwluiaettB, Connecticut, Nev Jener, Pennsylvania, Ddawwe, Hoeth
CmoUh, Sonlh Carolina, Georgia, ayv— 9.
" Maryland, Yirgltiia, no— 1."
See Debatea balov, page 1486, and nferencea,Bt note 345,
Note 84B, Page 1466.
South Cainlina and Georgia— no, in tbe Journal of the Federal CoBTBOlioa,
80th Angnet, ITST, page 311.
See Debatea above, 6th Anguat, I7B7, page 114Dj below, I3th B^tenber,
I7ST, p«ge 1663; I6th Septemlier, ITST, page 153S.
Debatei in tbe ConTention of Virginia, 23d June, 1787, Etltot, toL S, page S3IK
The Federaliat, No. 43.
Hamilton's Wo^, toI. I, page* 135, I4T, 161.
TABLE OF REFERENCES. Ixxvil
Debates in the ConTention of Virginia, ITth June, 1787, EUiot, toI. 3,
page 442.
Addresa of Luther Martin to the Legielature of Maryland, 27th January,
1787, EUiot» Tol. 1, f>age 421.
Objections of George Mason to the Constitution, Elliot, toI. 1, page 525.
The Federalist, No. 44.
Note 849, Page 1479.
After Article 7, Section 1, Clause 2, of the Constitution, at reported on the
6(h August, 1787, aboTe page 1282.
See Debates above, 29th August, 1787, page 1448; below, 3d September,
1787, page 1481.
Amendments to the Constitution proposed by the States ; Supplement to the
Journal of the Federal ConTention, page 436.
The Federalist, No. 42.
Note 360, Page 1481.
See Debates abore, page 1449, and refiwences aft note 348.
Note 851, Page 1485.
See Debates aboTe, page 851, and references at note 906.
Note 353, Page 1493.
See D^Mites above, page 770, and references at note 186.
Note 353, Page 1496.
See D^Mdes aboTe, 18th August, 1787, page 1854 ; below, 12th SspCamber,
1787, page 1550.
Debates in the ConTention of Virginia, 6th June, 1788, Elliot, toL 2, page
110; 9th June, 1788, Qliot, toI. 8; page 169; 16th June, 1788, Elliot, toI. 3,
page 898.
Amendments to the Constitution proposed by the States ; Supplement to the
Journal of the Federal ConTention, pages 423, 484, 446.
The Federalist, No. 48.
Note 854, Page 1512.
In the Journal of the Federal ConTention, 6th September, 1787, page 882,
the yeas and nays, not giTen by Mr. Madison on seTeral of these motions,
are inserted ; but the Tarioos amendmenu are less distinctly stated in the
Journal.
Note 855, Page 1516.
See Debates aboTe, page 770, and references at note 186.
Note 356, Page 1520.
See Debates aboTc, page 1175, and references at note 384.
Note 357, Page 1527.
Journal of the Federal Convention, 8th September, 1787, page 343.
UUCflU TABLE OF EEFSBEHCCS.
Mote SC8, Paca isas.
SeaDibaua above, pi£B M15,uidiefenneeiatnouni>.
Note 3Sd, Page 153G.
See Debate* abon, pace BtS, and rafoTencca at note 90S.
Not! 360, Page IMl.
Sea Debalea abora, page 797, and refersncea at note 193.
Note SCI, Pa«« IMS.
Sw " A letter of Edmund Rnodolph, E«q., on the Federal CoMtitntion, ad-
dieaied to the Speaker of theHouaeorDclegateaorVirginia, Bichraond, lOtb
Oetober, 1737," in Elliot, vol. 1, page 5ia
Note 369, Page 15U.
Aiticla 5, BeetJon 3, in the draught leported 8th Augiut, and aKtaed to 9th
Aneiut, 17S7; aee Debalea above, pagei 1998 and ISTS.
Nolo Sa, Page 1MB.
Tbe dMM aa bore given aj;teee with that in the Journal of Ibe Pedenl Cmh
VMMkm, 19di Scfttembar, 17S7, ptgtt 356, SS6. Bnt ace the Debatei abo*^ om
thelStb Aupiat, IT97, page IBt, where (he vroT(lB"im>-lhirdB''were atniA
<Mt oftbeclaiiae, and the vrordi" three-fourths" then inaerted; and aeaalaotka
Qabatea bilow, pagM Ibffit, 15C4, where it ia atated that "three-fbartkt" van
■UWik eu and "twvtbirda" reiiwtated.
Kaun4,Pagel5U.
The pnattdjawnal af the Federal Convention, page SS6, baa " threa-liMtthi,"
which la eomet The draught of the Conatituiion ao elood at that liaaa.
TABLK OF EEFEKEirCES. IZXIX
AddreM of Lather Biartin to the Legielatare of Marjlaiid, 97th January,
1788, EUiol, voL 1, page 4aa
Letter of Bbridge Oerry to the Legielatuie of Matiachuaetta, EUiot, toL 1,
page 632.
Objections of George Maaon to the Conttitution, EUiot, toI. 1, page 618.
Amendments to the Constitution proposed by the States; Supplement to the
Journal of the Federal CouTcntion, pages 402, 403, 413, 417, 426, 439, 46S, 466.
Address of the Minority of the Convention of PennsylTania, 12th December,
1787 ; American Museum, toL 2, page 640.
The Federalist, No. 3, No. 84.
Defastesin Congresa, (Galea and Seaton's First Seriis,) 8th June, 1789, toL 1,
page 448.
Note S66,' Page 1668.
The Letter to Congress, transmitting the Constitution, was read by para-
grapha, and agreed ta Debatea above, page 1660. Journal of the Federal
Convention, page 367.
Note 367, Page 1569.
See MialeB above, 28th August, 1787, page 1444; 12th SepCember, 1787i
page 166S, 1566; and bdow, 15th September, 1787, page 1664.
fMbatea in the Convention of Virginia, 17th June, 1788, Elliot, vol. 3; page
442.
The Federalist, No. 44.
NoteS68, Page 1570.
Rafaring to the Articlee so numbered in the draught of the Constitntiom
icpoctad on 6th August, 1787. See Debates above, pagea 1241, 1248.
Note 369, Page 1671.
The proceedings on these resolutions are not given by Bfr. Madison, nor in
the Journal of the Federal Convention. In the Journal of Congress, 28th Sep-
tember, 1787, vol. 4, page 781, they are stated to have been presented to that
body, as having passed in the Convention on the 17th September, immediately
after the aigning of the Constitution.
Note 370, Page 1595.
See Correspondence above, page 661.
The letters of Mr. Randolph, Mr. Mason, and Mr. Gerry, stating their
reasons for not signing the Constitution, will be found in Elliot, vol. 1, pagea
518, 681, 533.
Note 371, Page 1611.
See Ddmtes above, 6th August, 1787, page 1232; 4th September, 1787, pagt
1435; 12th September, 1787, page 1549.
Journal of the Federal Convention, pagea 82(^ 323, 356, 484.
The Federalist, No. 41, page S32.
Story's Commentaries on the Constitution, vol. 2, page 371.
iXXX TABLS OP KEFEaEHCKB. >■
Note3n,PagalflM.
na tiDowiiig monbu*, bawc*er, hod aueudwt dnring tha ConrentioD :
Mu>aeA*ulU. Maryland.
Calo Stboho. John FuMai Hocn.
CmuuttiaU. Lotbes Haktim.
Ourn Eluwobtb. Virginia.
NeieYort. GiOMU Wmc
RoBEBT Yiru. Jahei HcCuma.
John Lumho. JV^rU Coroliaa.
iVm JintJ. ALtZAHDEB HuRtM.
WiuuN C. UoonoH. WiuuK R. Datib.
VlLUlM PlBOt.
TibLUN Hmrodh.
INDEX.
IxXXiv INDEX.
ACTS— CoQtiiiuad.
to be Ts-eDutedby tceriun vote tfterreviiioa T3B, TS9, 731, T90,
]130, llTl, 1324, 1231, 1SS8, IMS, 1642, tBTO, ISIO
to bapuwd, in certun cues, by two-Uurdi 812, 12S4,
UlS, I4M, 1548, leiO
to be *u«p«nded by lh» Kxecatire for ■ United time 7H
tobelhe lupremelaw 741,866, 1119. 1221, I3S4, 1408, ISW, 1«2>
relfttiog to money, to originate in Ihe House of Representativea 7ST,
855,1024,1023, 1041,1096, 1108, 121S, 1238, 1266, 12T0, 129T, 1305,
1321, IS30, ISSO, 1494, ISSO, 1548, 1600
Misting to money to be voted on, in proportion to the contfibu-
tiooi of the Stslei .' 1010
relating to mMey, when altered. . . . 1024, IID3, 1228, 1228, 1266, 1296,
1S06, laSI, 1548, 1609
leUting to hmkniptey 1448, 1479, 14SI, 1549, 1811
nktiug to Mtur«lil»tion 867, 1252, 1374, 1300, 1549, 1611
nhtingtotha mipation and importUioD of iUtm 1284, 1838,
' UlS, 1427, 1551, 1618
KlmtinK to nivigatioq T4I, 1284, 1897,1415, 1541, 1549, 1566,
1568, 1584, 1611
•xpoatOcto 1399. 1444, 14S0, 1681,1579, 1581, 1613
of tbe SUtel to receive full credit 745, 1240, 144S, 1479, 1480,
1557, 1620
of tbe SUtet to be negatived by Congnu 732, T61, 821, 867, 900,
911,875,979,1116,1409
ADAM3, JOHN
advocates IndependeDce IS
^ipoiuted on the committee todnught the " Declantion"... 16
oppoeH the number of whiles as the bMi) of taxatioD 39
•dvocatei a vote in Confess according to namben SB
letter from Kalland about British intriguei id Spun 68
ulu a categoric&l answer from the Dutch. 135
INDEX. IXXXY
ADAMS, J OHN QUINC Y
remarks in Congress oo the death of Mr. Madison. Vol.l,(iVb<iM) p.viii
a member of the committee appointed on the death of Mr. Madi-
son.... .....Vol. 3, {NoHc$) p. X
ADAMS, SAMUEL
'introduces a person from Canada J21
views on the Federal Constitution 647, 664
ADDRESS
of the Congress of the Confederation to the States 6, 448, 628, 689
of the Congress of the Confederation to Rhode Island 6, 448, 628
of Col. H. Laurens to Parliament 176
of the army to Congress 246
for the formation of a new State in Pennsylvania 282
of the Convention at Annapolis 700
of the Federal Convention to accompany the Constitution. . ..1642, 1682
ADHERENCE
to enemies constitutes treason 741, 1233, 1371, 19S7, 1619
ADJOURNMENT
of the Convention may be by less than a quorum. 724
of the Houses of Congress. . . .739, 1229, 1280, 1287, r290, 1296, 1647,
1666, 1609, 1618
ADMIRALTY
nature of that jurisdiction under the Confederation* ...91, 105, 144, 148
courts of, to be established by Congress 748, 799
cases of, under the jurisdiction of judiciary .744, 1238, 1666, 1618
ADMISSION— See New States.
AFFAIRS
Indian 1364, 1898,1549,1611
department of domestic 1359, 1367, 1399
department of foreign, under the Confederation. 212, 432, 462, 486, 493,
628, 642, 546, 673, 697
department of foreign, under the Constitution. 1359, 1367, 1399
AFFIRM ATION-«ee Oath.
AGE
of Representatives 731, 736, 848, 936, 1221, 1227, 1644, 1606
of Senators 732, 788, 861, 866, 960, 1221, 1229, 1646, 1607
of the President 1192,1398,1487,1564,1616
disability on account of 1192, 1803
AGRICULTURE
promotion of. • 1367
ALBANY
deputies meet there in 1754 686
ALIENS — See Naturalization.
remarks on their admission to political rights 1278, 1299
ALLIANCE FRIGATE 491
IXXXri INDEX.
ALLIANCE
with Fiance duhng the ConfedentioD urged If
■Dccoun from the French lUiuiee tardy M
with Speio loaght by Mr. Jaf .TO
Britiih intiifaea agunst it 116, IBS, in, IU,4M
diKunioDi oo the cooduct of the Ameticaa miidaten *t Ptiii in
regard to it SSI
danger of fbreign Mt
of anuU SUt«8 with fMtign Pow«n 1014, 10 IS
treaties of. UlS
fbrtiddcD to the Statei by the ConitilnSaa 744, 1»% U6t. 1614
ALI.EGHANY
how Tub boundary of State* .440, 48S. Stt
ALLEN, HEMAN
a member of the committee appmnted 0& ttM dMtti of Hr. Hadi-
■on (Vol. 1, Mtof) X
AMAZON i M>
AJOASSADORS
to be appointed by tbe Pi«>Ident and B«utt.B91,148T, 1019, IHS, 1617
to be appointed by the Senate 742, I2M, 1409, 14U
to be received by tbe President 742, 1S37, 14S3, ISSe, 1618
caaeaof, under the jurisdiction of the Supreme Court.... 74S,S06, ins,
ISS6, 1818
AMBLER, Mb 16S, 176, ISO. 184, 480, <M
AMENDMENTS
of the Articles of Confedenition strongly desired 697
a ConTeDtioii for. propoeed s.t tbHous time* 708
of the Constitutioa to be provided far lhereio..7S4, T9fi, BU, MI, 1170,
1Z2B, 1241, 1089, IB90, 1621
to be made by aConvention to be called by Congress. .746, 1241, 1468,
lOSS, ISOO, lOM, 1621
INDEX. Ixxxvii
ANNUAL— Continued.
eleetioD of R«presentatlvet » . . . .846, 928
pablication of the accounb 1580
ANTHONY, JOSEPH B.
a member of file committee af^pointed on tbe death of Mr. Madi-
»on {YcH. h noHce) X
APPEAL, COURT OF
» imderthe Confedeiation. , 190,481
Judgea elected 280
APPELLATE
joriidiction of flie National Jndiciaiy. . . ..744, T98, 864, 882, 898, 1288,
1489, 1440, 1657, 1619
APPLICATION
to Congreea to rabdoe insurrection* ..740, 1282, 1849, 1466, 1541, 16599
1621
of the States to Congress to remove the President 776
of tbe States to Congress for a Convention to amend the Constitu-
tion 1241,1468, 1559,1580,1621
APPOINTMENTS
considerations in making them. 148
dangerof conferring tbe power of, on the President .1.789, 1182
tile responsibility of the President in ib exercise 1172
of tile President. .782, 763, 766, 767, 768, 1119, 1188, 1198, 1211, 1296,
1417, I486, 1497, 1508, 1552, 1614
of tiie Vice President 1486, 1488, 1518, 1516, 1658, 1616
of an Executive Council 1867, 1898, 1528
of Senatois by the President 814
of Judges. . . .788, 742,792, 798, 855, 891, 1180, 1181, 1171, 1178, 1224,
1282, 1284, 1409, 1412, 1488, 1620, 1555, 1617
of a Treasurer, by bsUot 740,1282,1846,1549
of Ambassadors 742, 1384, 1409, 1412, 1487, 1520, 1555, 1617
of Headsof Depaitmenti 1867
of officers in tile miUtia 1861, 1878,1408, 1550,1612
of State Executives by the Geneial Government 892, 1411
by the Fresident, with the advice of the Senate. . . .742, 891, 1182, 1171,
1487, 1504, 1620, 1555, 1617
by tiie President 766, 860, 866, 1134, 1142, 1224, 1237, 1818, 1867,
1423, 1482, 1607, 1555, 1588, 1617
by tiie Senate . . .742, 770, 798, 1009, 1 180, 1284, 1409, 1487, 1489, 1492,
1498, 1605, 1528
by Congress. .782, 762, 776, 860, 865, 1119, 1144, 1188, 1208, 1209,
1210, 1228, 1386, 1244, 1850, 1417, 1487, 1490, 1492, 1498, 1514, 1528,
1588
by an equal vote of the States 1009
by tiie Courts 1588,1617
1^ the Heads of Departmenb 1588, 1617
by the State authorities to national offices 1428, 1482
IxXXTiii INDEX.
AFFOINTUENT8— OoDtinued.
liot to b* mide to office! not pRTJouil; eteatod by law 14S1,1S38,
ISSl, WIT
APPOETIONMENT— See Quota, PBOPoaTloN.
of the Senile to be made after * cejuu* bj tbe RepreMiitativM 744
of the Benate ioto clauei TIT, 1017, 1239, 1MB, 1607
of RepreieDtativu by a periodical ceoaui.. . .736, T4I, 744, lOU, lOtT,
10B2, 1108, ISn, 1227, 1262, 1544, IGM
■UTn tob«««n«idered ill nukiog that of B<pi«aentatiTe*...1062, 10B6.
1066, IMS, 1108. 1223, 12SS, 1361, 1M4, lUe, 1608
orRepreMUtatini before a cenaoi... 766, 1062, I0S7, 1107,1221, 1227,
IBM, lB7t, 1S82, 1B9S, 1606
of electors of the PrUidant 1149, 11B2, I4B6, 1613, 15B2, 1614
ofdirect taxation to be inproportioDto tepreientatioD.lOeS, 10SG,10S7,
1108, 1223, 12SS, 1261, 1664, 1B79, 1606
of taxation before a ccnana.... 1087, lOM, I1S7, 1377, 1S80, ItUM, 1606
of the a^JiutmeBt of tbe State debta according to the rule of n-
preaeotation and taxation 1^79
APPROPRIATIONS
to be made by law whenever money ia drawn from the Treaaoiy. 1024,
1108, 1228, 122S, 1306, 1816, 1S80, 1494, 15S0, ISSl, 1618
to be limited in Oimr duration 1494, 1S60. 1613
ARIEL 7S
ASISTOCRAC:; 1018, [042,1043, 1161, 1967, 181S, 1814, 1817, 1B04
ARM AND
mutiBouf conduct of the traopa in hlalegioii 4$t
ARHINQ
tlw militia 740,1861,1878,1408, 1660,1678, MIS
ARMY
to be called ont bj Con^ia agaioft a State failing in it> coniti-
tutional dutf 7S2, 1283
to be raited by Congreea 740,1288,18(6, 1494, 1B60, 1(66, 1612
lo be commanded by the President 742. 1237. 1565. 1617
INDBX. IxXXix
ARMY, ABfERICAN— Continued.
wint of suppliM for. • . . . • 1S3
luge arrMra due to it. 174
very much discontented 184, 266, 836, 384, 462, 604, 610, 518
goes into winter quarten 188, 474
promotion should not be by districts 216
sends a memorisi to CongreM 246,496,497
conferences of deputies from the army with Committee of Con-
gress 248,266.266,403
suggestion to fund the debt due to it 265, 839
plan of settlement of its arrears 276, 296, 889, 868, 866, 484, 497
proposal to appropriate the proceeds of impost to it 389
ib determination to have provision for its pay 860, 40-1
reorganization of military afiairs 482
satisfaction of, announced to Congress 488, 624
amount of the army debt in 1783 434
luiloughs granted 448, 647
indemnity to officers of. 449, 450, 666. 670 ,
mode of disbanding it 463, 456
proposal to give them certificates for land 457
mutinous conduct of the Pennsylvania troops. . . .462, 463, 466, 648, 650,
651, 554, 673
enlistment of troops on account of tlie insurrection in Massachusetts
681,598,^.17
troops kept by the States without the assent of Congress 712
ARMY, FRENCH
returns from the South U\5
embarks for the West Indies 494
proposal to employ a legion of, in retaking goods seized while
under passport 335
ARMSTRONG, JOHN
views relative to Spain and the Mississippi, • • 629
ARNOLD, GENERAL
invades Virginia 79
ARNOLD, JONATHAN
represents Rhode Island in Congress 187
his correspondence about Vermont .281, 282
opposes the commutation of half-pay .320
ARNOLD, WELCOME
Chief Justice on the trial between Connecticut and Pennsylva*
nia 476
ARREARS
to the army very large .* 174, 336, 839, 498, 610
some provision for, asked 259, 497, 610
report for their settlement 276
proposal to pay those to the army first 839
mode of settlement 276, 280, 320, 358, 865, 377, 434
108
ARBEARS— Cmtiniwd.
•noantinllSt f W
ouprandedlbrw ITST 7M
ARREST
Bwdoni boa ISS, IBM^ 1M>, IHT, 1M»
ARBENALB
may b« provided by CongicM TM
jtuitdiction in, to ba auieiMd by Coii|nM TM, IIM, IHl, UU
ARTICLES— Bee Pmdtibiomal.
ARTICLES OF CONFBDEBATIOff
dcbatnoDtticmprasirvadbyHr.JflireiMn 4
RportnliDCoDgMH MB
■doptod 6B>
finbuticU CM
ci^tfairticl* SBOiMt, tn
tiiath-uticl* lt9,IST,S71,SM,SSS,448.Ml,4ai.ffO«,«10,«t7
twelfttt aitida US
thirtemth article 88
adminl^ juriadictioD under >1
qoonunofCongTBU under IM
nilM of TotliiK under SSB, 4ttt 46D, Ml
their TioUUon by the State* 8h,S*T.M0
neeeMity of enlarpng them Ttl
amendotaatofaMin 3M,ST<t Til, S6I, 668, 87«, 1181
A80ILL. CAPTAIN
held t» atone lor the muiderorHnddey ....1SI,1H
CaiMoa complains of thii Id
Congren difcOHe* the question 185, 1BI,4T1
be b lebMed by Congresi US
ASSAULT
oomembenofCoDgTeu UH
ABSENT
of the State* to the Comtitufion ISTl
IITDBZ. Xd
ASSOCIATION
to promote American iiiipofactnraf,propofd in the F€dtral Ooa»
▼ention.*.* *•••• •••• ••• ••• •••••••••••••••1MB
ASSUBfPTION
ef the engesementi of the Confiwieimtion^ .784, 7»4, 861, 1188, 1886^
1886, 1878, 1416, 1668, 1681
of the deMs of the Stitee 1867,1878,1870,1416
ATTAINDER
not to work comiption of Mood or forfeiture beyond the life of the
party 1288,1877,1667,1618
bills of, not to be passed 1899, 1444, 1628, 1661, 1678, 1661, 1618
ATTENDANCE
of memben of Congress to be provided for 1280,1647,1606
ATHENIANS .800,806,981,1274
ATHERTON, CHARLES G.
(Y6L I. NoHce,) jofiil
AUSTRIA
her mediation 121,188,478,628,661
commercial treaty with • , • 842
AUTHORS
protection of by Congress.... 1864,1496,1648,1611
BALDWIN, ABRAHAM
attends the Federal Convention... •••••••••••• ••••••...• 886
views on the mode of electing the Presidentit • 1481
thinks there should be a representation of property in the Senate. ..966
views as to the digibiUty of memben of Congress to ofltee.l4S8, 1673
thinks the qualification as to citiaenship should apply as much
to the preeent as the ftiture • • 1806
Tiews as to provisions about slaves 1898, 1429
prefers a provision that the claims to the public lands shall not be
affiBCted by the Constitution 1466
BALLOT
Mode of voting by in Congress 1214,1346, 1417,1613
President to be choeen by 1487, 1486, 1602, 1612, 1518, 1668, 1616
President to be chosen by electon hy 771, 1486, 1518, 1668, 1616
Pkesident to be chosen by the State legislatures by 1190,1417
P)resident to be choeen by Congress by ••••••• 1286
Electors of President to be choeen by 1601
Senaton to be chosen by • . ,. • 787
Congress to appoint a treasurer by 740, 1282, 1848, 1649
Committees of the Conrention chosen by • 726
BALTIMORE
boondary claimed by Lord Baltimore 118
dty proposed as seat of Congress 678
BANK
proposed by P. Webster 707
subscription of the merchants of Ptiiladelphia 50
mi iHDEz.
BANK— COntinacd .
Chutarof inOKpomioii Mk«d IM
ad<roe*tcd b^ Superintendent of Fiouce -. IH
Congnw heiitite to grant ■ charter ,...••...... (.IM
•tauter uquietced in byCangraM ;...,.. ...106
goes into operation IM
uaj iMne note* during the war IIS
embunued by tbe illicit (rede with New Tork 1tt,I«
declarea m dividend 14S
remarks upon, in the Federal CoutrenUon 1876
BANKRUPTCY
lam for, needed under Confederation TIS
OoT«TeMtoeM*bli«hanniri>mlMrof....l44S, U», 1481, 1S«, Mil
BARCLAY, THOMAS ISI,tl>
BARNEY, CAPTAIN MO, SIS
UABBAS, ADMIRAL S8
BARRY, COHHODORE Ml.Ml
BASSET, RICBARD
nttendt ^ Federal Conrtntion 791
BEAUMARCHAIS 1*11, 4tt
BEDFORD, GUNNING
remarks on tbe terms a( cessian of the public landi by Viq^idt Mt, MS
attendi the Federal Convention ,. T3S
deniei the right of the Convention to change Ihe principle of tb*
Confederation lOlS
oppoaea a negative of Congrenon the Slat* lam MS
iMirtf onaoeqiMlsutfVigeortbeStalrt 836,1011, lOtl
uetuea tbe large Statei of aeeking to aggrandite themeetvea at
tbe espense of theimall lOIS
IbRateni an alliance of the Bmall State* with fbrefgn Powara, If
oppresMd bf the lai^onei 1014
explain! hii renarki u to the eireaoutanca* which would Jaitiiy
aG>reignBl
UIDBZ. ZCIU
BELGIC CONFEDERACT
aqnal foCeofthe Stitei » S6,89
BENSON, EGfBERT
▼iewfl relatiTe to Sjmhi tod MiBtiflrippi 606
BERKLET, Ms 169
BIENNIAL
electiimof Rqyrasentatifw 846, »S8, 1220, 1227, 16i4, 1605
term of Plrendent • 1144
BILLS
tach House to have a negative on them 1227, 1243
mode of pasting them 1281,1382,1648,1609
to be reyised by the President. 739, 788, 860,891, 1130, 1169, 1171, 1189,
1224, 1281, 1341, 1648, 1609
to be examined by a eooncil of revision. . .783, 783, 787, 809, 1 161, 1332
those returned by the President may be repassed. . .739, 788, 790, 1130,
1171, 1224, 1231, 1333, 1641, 1648, 1662, 1670, 1610
of attainder and ex post facto. .1399, 1444, 1450, 1523, 1661, 1681, 1612
of exchange, damages on 1448
origination of those about money..737, 866, 1024, lOtt, 104i, 1086, 1108,
1223, 1228, 1266, 1270, 1297, 1306, 1321, 1330, 1380, 1494, 1630, 1648,
1609
alterattoo of those about money 1024, 11061; 1223, 1228, 1266, 1298,
1306, 1316, 1331, 1494, 1680, 1648, 1609
pfopoitional vote on those about money 1010
of credit, emission of by Congress .740, 1282, 1343
of credit, emission of l^ the States 744, 1289, 1442, 1552, 1614
BILLS OF EXCHANGE
deposited by Congress to indemniiy the merchants of Philadel-
phia 60
on Spain to be discontinued . • • • • . • 70, 72
drawn on France in advance • • • • . 130
provision in regard to, proposed in the Constftution 1448
BILL OF RIGHTS
proposal to insert one in the Consfitntlon 1666
want of one objected to ..••.• • . .644, 671
BINGHAM, WILLIAM
desires division of Confederacy • •• 588
interview wittGardoquirslatiTe to negotiatioM with Spain 690
BISHOP 669
BLACKS— See Slatxs.
BLAIR, JOHN
Delegate to the Federal ConventloB from VirgiBia .648
attends the ConrentioB • • • • • .722
BLAND, THEODORICK
applies for instructiODe about the Mississippi .76
views on a repeal of the impost by Virginia ••••••.••••111
views on Indian titles to land • • ••••. 91
zeir untxx.
ai.Ain>, THEODORICK— Contlnaad.
oppawtapnMDtofaibipto&e Unf of FiUM IM
npoitoUiat TirginwcMuwt jwjher quott. Ml
praCen themo(l«ofrMaiDgM««aiupnmii*dbf tb« ConbdantioB.JBS
fail rum DDK lyriam ofpenoucnt reveDu SOB, «M,S11, SH,HI,4n
adTocatuaeommatBtiiMiof hilf-pay Itl
•dvMateta dtdaiaobj'ftiiugorityaf StatMinComniittM ttt
profMMta tariff of tptdfic dnIiM MO
oppoaM* limltttioEi M to tb« durttioQ of impoit S4t
MBtoiM tKa eondnctof Bolwitllcmi .tTI.MS
nmakM on Um c««dtwtof the Atricm CotnmiwiotiM* tl tK6».$t$,
pmpoMB to rilBiit Hm impost leptntelj to tb* StatM Mt
muAi «D tho prapoitioQ of fiaeman to MavM in bdnf tba ««»•
tribatkmi of tba StatM 4S4
popoMtUMpaUieatioiiof Culctoo'i l«ttcni«railng tonupcBd
bortiKtiM 4as
oppooM Uw ptopoaed CoDvaotioDof Eiiton StatM Mt
oppOMt >hMtyrttiB«lionof flw froTwuMi irticlM Mt
iMMifaoDMMMMofpqUicludibrthcSlatN .M6, 4M
DUfM to er*M Hie (ippliutian to Franc* for m lou oftttfM BiUieH 4«
Oppo— i ■ iaHmj of the priKinen tiU*bTt*wi lMtM«d.........-<N
femukioDtheTDtaoflbeiiawStttM ^1
Totad be H PmideDt of Coagmi UT,4n
labnrof ADDqioluuttieM«tofOnigT«M. S7S
BLOONT, WaUAM
•U«Dd* tiie Fectenl Conrentioti •••
■graaa to rigs tba CoaatitntioB la tb« fbna piopatad...... IMl
BOND, PBINEAB
dii
aooKs
nrmcx. zct
BRADFORD, WILLIAM
depoty fit>m PennfylYuiU on the trial with Coimectieut 476
BRANCH — See Hoxrsx of Rxpucsxiitativxi.
to be two in the Legitlatnxe 731, 786, 76S, 818, 858, 872, 874, 890,
909, 918, 916, 968, 1280, 1226, 1218, 1644, 1606
BRANDT
dntyoD....^ 866,878,617
importition ol^ prohibited by Virginit.-. 657
BREACH
ot ib» peftee, memben of Congress may be arrested for 788, 1230,
1547, 1609
of the aitides of confederation, its eflbct 884,906
BREARLT, DAVID
attends the Federal Conrention 721
desires the attendance of the New Hampshire delegates .....OM
advocates equality of representation of the States hi Congress 880
objects to the ballot for the election of President being joint 1418
advocates an equal vote of the States in electing the President. . . 1420
wishes the article providing for amendments of the constitntion
struck oat 1572
MUBERT
President to be ranoved for.. . .748, 1287, 1484, 1488, 1528, 1556, 1618
BRITISH
flMir military movements in Soutii Carolina • 48, 48
instigate the Northern Indians • .47
tiy to draw Washington into a battle 49
their conduct to the prisoners at Charieston. 58
intrigue with Spain about her boundaries. i 68
their defeats in 1781 96
goods to be seized 105,186
tiieir intrigues in Vermont 1 16
tiy to make a separate peace with tte Dutch 116
reject the proposals of Russia and Austria. 121
tiy to dissolve the aUiance between France and the United States. .125
send out CarletoD to treat 127
propose a separate treaty to France. 181
intrigue to create distrust among tiie allies 182, 184, 159, 881
prohibition of their manu&etures • 146
renew their attacks on northern frontier. • 151
seem disposed to peace • •••.158, 158
enter on negotiationa for peace at Paris. • • 157
appear less pacific • 169, 174
continue negotlatioos at Paris 178, 491, 516
tiy toeilbct a separata convention • 188,416
commission Mr. Fitzheibert to treat 188
promote mediation of Russia and Austria, • 188
commission BCr. Oswald to treat 285,880,492
XCTl IRDBX.
BRITISH— CoDtidunl.
■ign pceliminuiM of pMM UT|4ST, Slf
refnie to nqwnd hottilltiM 4X7, Ul
iffoa piocUfflttion of pmM 4>T, BH
emnmetcUl tnatj with, propowd.. ..449, fiSO, SSI, 5>T, M2, U4, S6C
C6T, MS, BTl, m, MS
dalivei; of ptnto, MgrM*. &c 4S0, US, BH, IMS, 8S8, Sn
insidioui conduct nUtiva to the trtldcaof tTMt;....4U,BSS,SS3, S9S
dabti provided for In thetrett]' Slt,Stt,S1M
their MgolUtiou in ngud to k definiUv* tic«tj..M4, US, 569, iTl,
S73
dMJgna npon the Western tetrltoiy Ul
opentlon of the deRnilive treaty on the St*te«..BS6, 816, <!8, SSS, M9,
flSS
delayi in executing the definitive tIMtjr 6I>
their cUinii under ibe deCnitive tnety 6S3, e)S,CTT, 711
colonin, their itite befnre the Revolution 686
urlj deeij^n to tax the coloniei 686
their irritftting eoimnercial rcgulition* MS, 711
complain of violuions of the definitive tnaly 711
■peculate on the downfal of the Confcitention 7IS
their Cotutitutloa diicuMcd in the Fedeial Convention... SOT, Sf)B,BS8
1)66, 1048, 11)8, 1167, IIM, lUS, liU
tbeir Pariiament conmented upon SIT, 8M, S90. 1136, 1806
their Conslitntion not a proper ^ide BM, 910, 947, Ses, 1041, IS6»
BROOKS, COLONEL
a deputy from the armj to Congren HB, 256, 4M
viewi on the FedenI Conititution 869
BROOM, JACOB
attends the Federal Convention 711
oppoaea an adjournment of the Convention without adopting
..1111
n favor of electing the Preaident by eiectora choicn by the Stala
iMDBZ. xcwa
BURKE, EDMUND
resigna • M
pretents the addrass of CoL H.Lanreni to FuUament • 175
BUTLER,COLOxV£L 77
BUTLER, PIERCE
a delegate to the Federal Conreotion from South Carolina. 621
atttnds the Federal ComrentioD «..«.• 721
proposes a rale to proride against absence from the ConTtntion and
an improper pabUeation of its proceedings. 727
objects to reduce the power of the States. . . » 757, 760
approres of the distribution of the powers of government 747
views on the mode of electing the President 1202, 1490
objects to frequent elections of the President 1151
desires the power of making war to be vested in the President ISSt
in favor of a sin^e eKecntive ••780, 787
opposes an absolute negative of the President 787
proposes to confer on the President a power to suspend laws for a
limited time 790
urges a settlement of the ratio of representation in the Senate be-
fore deciding on that of the House 919
c^^pooes compensation to Senators • 858
proposes that Senators be eligible to State offices 973
proposes that the Stales be represented in the Senate according
to their property 1028
thinks that two-thirds of the Senate should make peace without
the Executive .lOtl
proposes that representation in the House of Representatives
be according to contribution or wealth. 836, 842, 1088, 1056, 1080^ 1662
thinks Representatives should be ineligible to office for a year
after their term 997,949
contends that blacks shall be equally included with whites in fix-
ing the proportion of representation 1067, 1079
opposes an election of the Representatives by the people 756
oppoaei too great a restriction of the right of suffirage for Repre-
sentatives 1250
desires to increase the required period of residence of a Repre-
sentative in his district • 1260
opposes the admission of foreigners into Congress without a long
residence 1275,1801
thinks members of Congress should be paid by the States, 1826
thinks taxation should be apportioned to representation befiMe a
census 1880
opposes the power of Congress to tax exports 1894, 1896
views as to the exclusive origination of money bills by the House. . • .856,
1267
does not desire to have a vote of two-ttirds to pass navigation acts. 1458
opposes the mnirer of Congress to emit bills of credit 1844, 1845
*
BUTLBB, PIERCE— CcKliiraed.
thiaktUNnKslitioaof tlwBUitu«lMuUbe)efttoCo^«M UM
oppoiM tb* mgaUn ef CoBgim OD Um Slite Um at7
obJMti to InfniorMtioMl tribunah atO.llM
viswionthaparxuiit of OMlitan nodn tlia Coiif«dmtiali..14l>, Ult,
14M
impaMtludfii^tiTeriaTWiboQUteMinradsp AU1,145*
wiritM Un HBt of goranmiat flz«l bj tb* OHuQtDtioii ISM
tbink* tbe iHcnt of Coojioi iboaU ba nqaind to tba iBipw-
tkMi Um of the StatM U6B
tbinka no DawSlato tbould be erMted withia dM limit! of ■doUmt
witboutftiecMiKDt 14IB
propoMsa nliftcalioii bf nine Btata m niBciaat I4TC
CADWALADBR, LAHBEBT
procMdini* in rcpid to adttlaiioa of % Britbb CMml .S08
CALHO0N,JOHN C.
mBember ofthe Coiiiinitte> ippoUited on thadaatliof Mr. Madi*
■on <Vd. !,•«((».) *i
CAMPBELX, COLONEL 11«
CANADA
piopaMltokddittolbttJnitadBtatM ISO, SSI
ceriain inhabitant! of, uk Ibr ftut e( land 43S
Indemni^torerugBeafrom 454
■migiaata to, from Kantneky, aant baek tJB
CANALS
pomrof Congnai tonwka tliem ISTB
CAPITA
Totaperuidln.lBthaSaBata U», VSO. IVJSt, UO. IKft
CAPITATION
taxM,faowpnp«rtloMd 741, 18S«, 14IMU1, U:9. 1£U
CAPTURE B
INDEX. zeix
CABLETON, SIR GUT— ConUnQcd.
write! to 0€n.Wuhingtoaiboutth6m!iidM«norCaptHiidd«7.ISl, IM
inlbrmt Gen. Wasbiogton of tlit negotftttioDi at Puis fiv peoee....I57
profesees to be reiy fiiMidlj to the United Btaiee ••U9, 181
propoMi a auspeneion of hoatilitica. • • 181
biseYiaivecoDdnetinngaidtoUiemiudeien of Captain, Hnddej
199, 19t
bia comapondence relative to a aettlement of the aceonnta of
tbo priaonen ••••196
aenda tbe preliminariea of peace .•• 408
reAiaea to auapend boatUitiea ..iST* 581
aenda a piocteaation of eeaaation of hoatilitica 487,684
uigeaa daliTeiy of priaonen and remunention of lojraliata JBS6
evaaiTe conduct aa to the ddivei]rofpoata,Degioea,8Ee...«538,638^66i
raceiTea the definitife treaty 569
aanooncea tbe evacuation of New Toric ......•• 6$S
CARBiARTHEN, LORD 616
CARMICHAEL, WILUAM
letteia from bim 70, 13S, 181, 188» 473, 589» 530
CAROLINA— 4xx Nobtb Cabouna amd Soutb Ca»ouka.
CARR, JOHN
a member of the Committee appointed on the death of Mr. Madi*
eon (YoL 1, iiolice.) z
CARRINGTON, EDWARD
Tiewa aa to aalariee • « 597
knowa BIr. liadiaon'a aentimenta 679,681
CARROLL, DANIEL
a delegate to the Congress of the Confederation from Maiyland. . • • 186
morea to accept tbe cession of public Unda by New Toric 186
repreaenta Maryland in Congress 187
repofta against tbe proposal of Peonsylraaia to provide fcr public
ereditora within the State 199
advocatea coercire measurea against Vermont • . .Sift
propoaea a letter to the Govenor of Rhode laland rdattre to ICr.
HoweU'a publications 931
considers an impost tbe only practicable tax 350
lemarlu on the conduct of tbe American CommiaaioDew at IWbjIOS, 409
ramaria on the pioportioa of freemen to alavea in apportioning
the lepieaeptation of tte Statea 4B
tama^ ondiabanding theanny 458
proposea that there be no IbnigB miniatesa except on extraoidi-
nary occaaiona i 455
conrersation with Mariiota. 531
in fr?or of Philadelphia aa the aeat of Congreaa.. .577
attenda the Fedeial Convention 1061
in frvor of choosing tbe President by eledors ehoeen by lot fttm
the national legislature 1196
9^T
fNDEX.
CAJtBOLL, DANIEL— Conliaued.
tdvocatei in election of Preaident by the people, or by eleelon
ehoseabythem 1418,1421
bin favor of ■ negative on the aeti ofCangnin 13X>
douM* relative to the Senatora voting per capita ,,,.11.S5
praposea that Bcniiton may tntcr their diasent on the jouTnal. ..,..1&93
proposes to confine the yeas and nays Id the Route of Repreaen-
..1-299
riots not think the apportionment of representation before a census
should fce a rule for Wxation BW
objects to memben of Congress bein;; paid by the Stales
thinlu ayote of t^fo■fhinl9 should be required to expel kmenber
of Congress :
remarks on bills of attainderind ex post facto laws
thinks more Ihun a majority should be reqiiitvd in certain cases — 1339
the disc rim inal ton aa to money bills, a continual source of dilVenlty. 1315
opposes the provision to ciisqiialify persons having unsettled ac-
counts from bein^ mi^mbers of Congress ISl4
thinks the States should be guarantied against violence 1140
thinks the Slalea should beallowed tolay tonnagedaties, toclear
harbours and build light-houses ISflB
desires a regulation u to the trade between the States 1430, 1479
views in regard to the large terrilorial claims of the States, and
the public lands 1J«a, I4S4, 14«S
views in regmij to the ratification of the Constitution . .1380, 147", 14"!
thinkainaddreH to the people should accompany the Conatitutton. 15^
CARTHAGE 005
CASES
within jurisdiction of the judiciary, 733, 748, RM. S55, ROT, WW, J 137,
1^4, 1338, 1366, 1399, 1416, H38, 1541, ISSC, ItilS
CASTRIES, MARQUIS DE "4
CATILINE 787
CENSUS
(rienniaT, proposed under the Con Mem I ion ^ SS, 37S
■sfiiedby ConEflwIn ITS* ^31
provision lo be ninde fnr in ihe Consritiilion 73i;, 741; I?i3. t-2:<:l
Senate lo be apportioned after ll by the Reprrsenlniiirs 744
repreaentation to b« apporiioned by it. 1035, 1063, lOftl.IOTS, I08D, 108T,
1090, 1108, 1223, 1398, 1^3, 1544, ll>06
lermof 1979, I03S, 110R, 1333,1333. I»44, 1W6
direet laiation to be appnnianrd by it IDtO, 1086, 10^, 1%2S, 1233,
1544, IGOG
when Ihe Aral one shall be nade 1233,1377,1541,1606
CERES
man-of-war 127
..427.417, 524,57*
1
r
1
CESSION— S™ L.NM, PuBuc.
CERTIFICATES
MT, 364, 434,611
Sloies should not iuuelhem
W
59
.450
(□ the aroiy for lioib.
ibl
CHARLESTON
iu Burrendei repoded
conduw of Ihe British there
43
■; « ,.
58^
CaARTER
(ifVireinm
ofNcwYork
119, 160
l-JO
offered by the Btiiisli to VereiQut
151
CEASE, SAMUEL
objects H>eMhSlal«h»Ting«nequalTOle in CongreM
CHEROKEE^S
IIG
CHESAPEAKE
CHIEF JUSTICE
to be« mrniW of iha Exer.atitc Council. . ..IBM, 1359. 1385, 1367, 1S99 ^|
CINCINNATI
iaM,I309 (
of notes of the Bsnk of North Amftlw, how limilfd . .
CITIZEN
President lo 1m 1398
lis
1487, 15W, IClti
1399, 1644, 1006 *
1306, 1M6, 1607
Lj>Bothcra....745,
1840, use, ipao
Judici.ry..:33,
1440, 15S6, 1619
....fthey
887,1940
Of dlffftentStaiM within ihejuiUdietioa of the NMioTw
8M, 1*3P
* hod lieen committed by neitiirn uf ihe Stale
^ .
cU iron.
CIVIL LIST
ndticdeoof. BBB
GLAIBORHE, JOHH F. B-
m msber of tiM «™nfl»ini mprinliMl m Iba dMUb «f Hr. Hadi-
«iw .(ToLl^Mfto) Z
CLAUB
oniMdJiebindjbcibnaeMnon.iMmDimlU • BR
CLARK, ABRAHAM
oljMOtonuUuiT nwunrMagunrtTennoiit. U1,U4
viodkatM tbs pnpriH; of milling pubUc tba nepitiMioas with
Bwadcn ....
of Fiance. 9M
noiitrici OD the eondoetof tha ComminionsiB at Paria... ..Sn, 406, W9
propoaea toaubmitlheimpoMaBpantdy lathaSlatea. US
propniea to limit the appoitinnmeiit .417
oppoaea the State debu being included in the general [noTiaioD
for tlw public dolM 419
adTocalea an apportionment bjr nnmbara >•• •4S9
urge* the lettlement of a ■yium relative to public knda 436
TBDiBikiondiibanding thaamjr 4fiS
nmark* on the eeation of public Unda. 4I», 4(i0, 4SS, sa
piopoaa a ramoral of tbemiUtarratorearram Springfield SM
lanaiki on tbe admiaaion of a Briliih Conaol Ml
nnaikion tba negotiation relative to MiiaiiuppL 807, 61S
CLARK, GENERAL
icizureof Spaniah property GBB,61^Mi
' CLASSES
Senate dirided into 787,960,966,1017, 13U9, 13T3,lMfi, VTS; 1607
Slatea dirided into, fbr tbe oboiGe of Senalota. 890, 898
CLAT, HENRY
a member of Ibe eommiilaa appointed on tbe da«th of Bdr. Madi-
ivDsx. ciii
CLYMBR. OEOROE— Continaed.
hbTiawBMtoalntjroiitzporti^... ••«.. • ...ISST
pra&n tba the tenn «• Staetw" tfaooM not be liitiodac«d« 1498
▼iewi at to eoniineiciidra|;iilAtiODi between thtBtitcs 1441^ Uil
Tiewt at Id the ntiileetioii of tlie Conitltation UTS, IMO
COCmLAN, DE.
^pointed in tlie mediealdapertment.... • 60
COCOA
daty on propoeed • • ••.... t86
COEECION
ot the Stitee by tbe Oenenl Gorernment 7SS» 76l» 8S2» 8M, 881,
914, 916
COFFEE, JOHN
a member of tbe committee ^pointed on tte death of Mr. Bfadi-
ion (Vol 1^ moHa) X
COHEN, ME. 161^179,176
COIN
to be regulated by Conf^ress 740,1289,1849,1649,1611
Congress to legi^te on counteffeiting 740, 1982, 1847, 1649, 1611
tiie only tender by the SUtea 744,1289, 1442,1662, 1614
not be made by the States 1999,1662,1681,1614
COINAGE
of cents • 688
COLONIES
Ifaeir state before the Refolation • 686
British, early design to tax them. ••.... 686
negatiTe of Parliament on their laws 897
their mode of granting sappUes. .841
effect of the separation from Great Britain on their mntonl inde-
pendence 907, 1049r
trade with the West Indies piopoeedt..244, 691, 687, 649, 644, 666, 667,
671, 97% ni
COLLECTION
of the duties and taxes by Congress. .789, 868, 1999, 1899, 1998, I486,
1649^1611
of rervnue, j visdiction ofir ••••••••• 866, 866
of tales, to be far debt and necessaiy expenses •..••1898^ 1486
COLLECTORS
on the appointment of by Congiees 996, 987, 874» 879, 880
adTocatedbyMr.Hamfltoa 991
appointed by the States... 994,847,614
COLLINS, JOHN
opposes the eommatation of half-pay • 868
COLUMBIA, DISTRICT OF
Congiees may establisfa, and hare jnrtsdictioo over a seat of
goTemment 740,1494,1660,1619
aseatof goremmentlDbefixedbytheCoiistitntiott. 1918, 1494
aw IMDBX.
of the mnr and UT7 ID lbs PrMidMt 741. MS, 1117, IBU, 1817
of tbemOititliiaa Preudent 741, 1117, 14M, ItW, leiT
COHHEBCE
«flbc^ during th* Conledumtion, of reguUtioiii ol^ upon tin
6t>tBl SU, 571, W4, 711
ngolktioniof propOHd tobanidaat AiiiM)Nili» WS
bow KgiUxted knio&g the SUm hj tfaa Cooftdention 700, TOO,
711.729
coDid Dot ba properly reflated undar Um CoDfcdenlioa 710
tolMrBgu]ltMlb;rCaDgre«....T41, S«S,1IS-1, U43, U41. IMl, 1S8S.
1611
eertuD r^uUtioMof, to be bj two-thirda of CongreM 741, IIU,
14S0, 1SS3
dotiei tod impofta, tobekid aod cdlected tf Congreu 739,863,
1282, 1M>, 1676, 1811
depkrimcntof 1367
mguUtiootof tbatbetwe«DUMSUtei....lS32, 1S41, ISSS, 14S0, 1440,
144S, 1400, U7T, 1688, 1668, I5B0, 1384, 1613
with the Indiini 13U, 1808, 1488,1611
COMMERCIAL TREATY
with Ihe Datch 171, 187, 401, 617, 626
withSwedcD 180, Ml
with Aoftria ftU
withRuatM. 438, 4M
with the Brititb 41B, 630, SSI, 687, B43, 644, 666, 667, 661, STl,
671, 60S
ill effect on tba righta of tba State* 613
COMMISSARIAT
ili •iuniiDf atBta S6
ita eertiAeatei 66
COMMIBSION
otMT.Fitilwtbert , Ifll
INDEX. CV
COMMI88ION£R8~Continued.
on ttie cessioii «f wegteni lands • 468
on the Ttluation of lands , • . • .811
COMMlTTEE-*ifi the Congress of Iks Confedera^im, .
to dianght the Declaration of Independence ^ 10
to yiflit the anny ^ . . AT, 78, 118
to Yisit Vennont 117,121
on the ceMions of public land 100, 108, 107
on the reiolations of Vizginia, at to the export of tobacco. • .186, 889
on illicit trade with the BrltiBh at New York 148,144
4nk proceedings of Execative Departments 168, 4S8i 461
on (lerinng revenue from public lands 169, 106
on a reorganization of the Court of Appeals under Confederation. .191
on the differences between New York and Vermont. 196
on a valuation of land as basis of taxation.. 200, 260, 288, 816, 821, 824
on the franking privilege 228
on the plan for permanent revenuo... 86, 289
on the memorial and deputation from the army 246, 248, 268, 266
on the finances 261, 426, 461
on increasing foreign loans 866
on the treaty of commerce with the Dutch 267
on the purchase of books by Congress 269
on the seizure of goods, sent to prisoners under passport.. 270, 886, 611
on the means of restoring public credit 867
on the discontenlB in the army, at Newburg. 384
on a general arrangement of the Government, consequent on the
peace 482, 648
on a system relative to the public lands 487, 468
on the ratification of provisional articles 440
on the mutinous conduct of troops at Philadelphia...., 462
rule of voting in the Committee of the Whole 828
COMMITTEE— /n the Federal QmotnHim,
on Rules, appointed 728
on Rules, reports 724
to be chosen by ballot 726
of the Whole on Mr. Randolph's resolutions 786, 746
of the Whole reports a series of propositions 866
of the Whole given up 862
of a member from each State to propose a plan of compromise
between the large and small States 1017
of Detail to prepare a draught of a constitution 1187
of Detail has the resolutions adopted by the Convention referred
to it 1220
of Detail has the plans of Mr. Pinckney and Mr. Patterson re-
ferred to it 1226
of Revision of the draught of the Constitution as amended 1682
of Revision reports the second draught of a constitution 1613
109
/
«ri
IllDBX.
OOMHnTEE-CMrtlMi*d.
of tha Bratte on Uw deatll of Mr. UadiwD (Tol. 1, mOm) ri
of the Home of RepmeaUtivei on tha death of Mr. Hadl-
•on (Vol, l,M(Ki) X
of tbaLibni7chug«d with tlMMadinDF^>ftn...(VoL J,iw(toc) xxv
COMMON
dafonce to be pnmdwl (at by tti« Coattitation. . .TSl, 14M, IMM, leW
fXlMMITTATION
•Uowanceof »«, 180, SU, UO, Sta, «», MS, ITT, «1, 408,
4»,Nt
MiwacbuMttt oppoeee it HT, Sn,US, S70
COHPACIB
betweei) the Statea doiiDg the ConfMeiatiaiL Til
Inrafficient for a uoion T47, 8M
between the State* nodet the Conatitutkni TM, lltt, ISdl, 15BS,
isse, UM
eftcl of their vioUtioii by fkt putiat 9W
utme of thoee made hy the State LcsiaUturei IISI.IIU
COMPANIES— See CokroKATioiis.
fomed, to buf public luidt n
Conj^eea refuaea to asnul their piucbMe* U
nnita with the advocatea of Vennoiit. • ffS
their daima faTored 100, lOT
tbeir iotrifpiea IIS
debate on reeogniiiag their clalma. 16T
COMPENSATION
of tha £xeeuUTe 782, TU, T71. 860. 86S, 1160. 1X10, ISS4, lltT,
1544, ISM
iDcreaie oi diminntion of that of the Execntlve Dot to be made
during hii tenn TSt, 660, 1210, 1194, ItST, ]5t4, ISIS
of tlie Executive toba paid out of the National traaiuiy.... 1160, ISM
of the Executive not to be leceiied from tha Statea 1S8S
INDEX. CVi|
COMPENSATION— Continaed. -
inerease or diminution of that of the Judges not to be made duxin;
their teim . . 938, 748^ 794, 86 1, 866, 1 180, 1224, 1288, 1487, 1666, 1618
of all officer! to he fixed by the Repxesentativet .1024
it ought to be suffident...^ 764,986
COMPHOMISE
of the vote of the laige and small States in Congress, proposed
byMr.Ellsworth 997
Dr. Franklin proposes one between the large and small States. • . .1009
Mr. Pinckney proposes one between the large and small States. . . 1017
Mr. Wilson proposes one between the large and small States 1008
plan of reported and discussed 1024, 1040, 1048, 1096, 1107, 1110,
1112, 1267, 1271, 1298, 1812, 1496, 1601, 1681
between the Northern and Southern States relative to slaves,
navigation and exports 1896, J897, 1416, 1461, 1686
CONDITIONS
to be made with new States, on tibtb admission 1241, 1466
CONFEDERACY
Achcan 897
Amphictyonic 882, 897
Dutch 780,789,874,897
German 879,889,897,981
Lycian ...1004
Swiss 882,897
CONFESSION
of treason 1876,1667,1619
CONFISCATION
proceedings of States upon, discussed 264, 461, 464, 497
provisions about, in tlie treaty 616
CONFEDERATION— See Abtxclbs or CoKrxDSBATioir.
those of ancient times 686
proposed in the old Congress 9, 688
debates on it 4
great difficulties in adopting it 689
Virginia urged to ratify it 64, 68
Maryland accedes to it 81
ilB ratification discussed 60
rule of voting under it 82, 828
influence of the questions of Vermont, and the cessions of public
lands on its pditics 122
its powers of coercion towards Vermont 220
its exclusive jurisdiction over a seat of Congress 669
its inadequacy to furnish a revenue .86, 362
encroachments of the Ststes upon it 826, 897
its defects. . . .690, 701, 718, 729, 780, 748, 826, 841, 874, 876, 880, 901,
911, 919, 974
N
«
eVIU IRORX.
. CONISDEItATIOS-GiKitiniwd.
Iti tottMliif coDditioo «M,fln
•meodBwiit «f it 81,eST,«ie,«V,7SI,86t,S68, 1181
mode of itt diMoIutiou SM,Me, 1S41
how br it ii to be fUlowed in diB CoulitDtidB 148
ftiIfil]nNitafibeiigagemeDl«....7M,7M, 1183, 18U, MS6, 1178, 14*1,
I4U, MIS, 1424, 1£M, lOl
Id lifjiiUtive rigfab to be confenod on tbe diw Congren. . . .7S2, TBS.
IIW
OONOEEBS OF THE CONFEDEHATION
ITU, tueeb it Albany IM
1774, meets at PhUulelpbia (87
1776, iDdepeDdence moved 9
Independence patponed IS
Independeaca declBred 13, 888
•iticUf oT ConfedentioD reported and debeted 2T, 888
nle of taxation 18
role of voting 89
ITBO, complaints agaiiut it 48
lit depandenee on the Stale* 47
iti recommendation* rejected bjr the State* 44
eeaaes to emit paper mooey ••..■ 46
regulate* Hie depreciation of paper money 68
piarantiei the subscription of the Pliiladelphia merchanti SO
fiiea the qaotai of luppty .,69
pioceedingi relative to a ceailon of tile public land* SS, BS
discQue* the admiaaion of VermooL .....BS, S8, 60
•ends a committee to tbe aimy 47
promotei ColoEiel Morgan ,.,... 64
resent* tbe condnct of the Britiah to the priaonen at Chailealm SB
it* new plan for tba army , .60
isrelatiTe to the MiaaiMlppi 60
IVDSZ. cue
CONGRESS OF, THE CONFEDERATION-CoiitiiiiMd.
id powvr to grant incoiponfions doubted /• 106
raeomineiidi the leizim of Biitiih merchandlte if found within
thoStatei 106
oecapied and perplexed about the admiflfion of Vannont 109
adherea to the plan for railing a revenue by impost duties Ill
diseuiaea a mode of fixing the Taluation of land aa baaia of rerenue. .112
diacuasea a mode of liquidating the public debt 112
raceiTea accounts of the mediation of Russia and Austria for
peace 121,188,478
acyoums the discussion on the Virginia cession of public lands
aine die 128
receives letters from General Washington enclosing tfaoae from
Carleton and Digby 129
informed of the birth of the Dauphin. 129
givea Mr. Jay further instructions. < 129
determines to send deputations to the Statea to fulfil iti requisi-
tions i 182
endeavors to stop the illicit trade with New York 148,144
appoints coomiittees to examine the Executive Departments 182
prepares new instructtona to commissioners at Paris on the par-
ticipation of France in adjusting the terms of peace 189
discusses the subject of the public lands with a view to revenue
from tliem 1G8
presents a ship to the king of France • 166
ratifies the loan made by Mr. Adama with the Dutch 178
asks for a Airther loan from France 171, 174
makes another apportionment on the Statea 171, 184
discusses the conduct of Col. H. Laurens 175^ 908, 206, 479
anthorizes Dr. Franklin to negotiate a commercial treaty with
Sweden • 180
discusses retaliatory measures for Buddy's murder 185, 191
members present at the meeting on the 4th November, 1782 187
discusses the principles to be adopted in exchanging prisoners 189
appoints a Committee to reorganiae the Court of Appeala. 191
agrees to release Captain Asgill ^ .192
discusses the propriety of authoriaing military eommaadeit to
retaliate 194
appoints Mr. Jeflbrson minister to negotiate peace 196
discusses the report relative to Vermont 197,220, 489
dissents to the proposal of Pennsylvania to provide for the public
creditors within the State .199,916,273,813,489
appointment of a committee, and discussion on the mode of valu-
ation of land as a baab of taxation. .960, 988» 316, 391, 394, 395, 331,
337,498,509,603,506
discusses the mode of crediting the Statea for redemptions of
paper money beyond their qnotaa •..•••••••••• .907
C0N0BES8 OF THE CONFEDERATIOK-CMitinud.
ducDMei the mode of pTOCMding wiDi Tennont SIO^SK
dlKoMM the eondact of Mr. Howell in hi* letter paUiihed In ft
pTondence newqwper .,... ,. 93S
Modi a depafartion to Rboda liUnd to n^te the impnt 1U> 488, 401
discoteef the depnciUion ofpepermoiMf tXt
much Hcited from diitruit of the eondnet of France in the lUfo-
tiMiomforpeMe IW, tST, M), 34S, S4i.
IT8S,diKiuwitlie rale of Mcreej in their piweediog* SBS
Tcfows to conuDUDiute Dr. FnoUiti'i letter relktive to the nego-
tlatiane about refiigeea aod Britltb dcbtl^ aSN
p«Me« « rcMlulion comidimentaiy to General Gteene Ml
Tcftwet to puebweboolu Ml
KprcKDb to the States the difficulty of paying tbe public crediton. J7i
di*cuue« the a^ailnent of ureu* of the wmj and debt* to pob*
liccrediton 2Td.no,MS,4n
diicuiie* • plan for raiiluga permaneDt and adequate raven i)e..lSl, mm;
SSI, 8S8, SS8, S43, SSi, 403, 416, 447, 49fl, S02, BOB, fi09, Sll, 514,
S28.SM,n8
diKu«*e* the rale of Totiac S3S,IW
dlicu«*«i the proceeding! OD the aeiMue (^ good* ander paeqwrt.SSS, Ml
Sll
■oipendi thedepartoreof Mr. JeSbrson UI
decline* making its diecuuions public 141, S4S
it> power* ai torcTanue diicuiud SU
di*caiiei the ntabliihment of duties on ipecific article* SM
refnsea aa abatement of the proportion* of certain State* STO
refuaes to adopt anj general lyitem of taxation except duliei on
foreign commerce, or to change the ad Talorem Impoet for a
genenl tariff, i BTI
diic<u»«« the eondnet of the American Commiuioner* towaid*
France in negotiating the treaty BSI, S&9, 409, 406, 618
iiTDKX. exi
CONORE88 W THE CONFEDERATION— Coatiniied.
iwames the diseofnon of the VirpnU cewion; 4BS, 468, 589, 64S,
672, 074
fnooeediiig on the natmous eoodnet of the tioops at Philidelphia, 462,
466, 648, 660, 668
■i^joanif toTrentDD ^ 467
i^ipoiDti a Cooit to tiy the antroveny between ConnectioQt and
Penniylvania 476,486
flitnre leat of Congress. .648, 664, 666, 666, 568, 560, 666, 672, 576, 606,
671, 676
dSscnnes a plan for a peace establishment 648, 561, 678
Bieeti at Princeton 668
1787, proceedings relatiye to the insonection in Ifsssachusetts.. . . .681
proceedings relative to a Convention to revise the Federal Con-
ttitntion 687,616,619
discusses the effect of treaties on the States 696, 628
discusses the reduction of salaries and the civil list 697
discusses the proceedings of Spain about the Itfississippi, 604,606, 609,
614, 622, 624, 641, 678
discusses the admission of British Consols 60S
discussion as to voting to suspend the ose of the Mississippi. . .610, 687
proceedings in surveying the public lands 627, 640
discusses tiie government of the Western Territory 640
discussions relative to the Federal Constitution 643, 660
makes new requisitions on the States ^ 647
1788, elects Cyrus Oriffin President 666
its ineflkiency 918, 974
unable to counteract the commercial policy of the British 711
has lost confidence and influence at home and abroad 712
addresses the States on the necessity of harmony and jrielding
local considerations 689
not deemed so proper as a Cooventioo to amend the Confedera-
tion 704
fitvors the idea of a Convention as eariy as 1786 709
its legislative powers to be vested in the legislature under the
Constitution 782,769,869,1109,1221
its executive powers to be vested in the Executive under ttie Con-
stitution 788
to be continued until the new Constitution goes into eflfect. . . .784, 794
its engagements to be fulfilled 784, 794, 1188
its proceedings in regard to the new Constitution . .1242, 1474, 1686, 1670
adopts measures for carrying the new Constitution into eflfeet 676
fixes the time for the meeting of that under the new Conftitiitkin..'.676
CONGRESS OF THE CONSTITUTION.— See Mbmbxes, Ssitatx,
RXFaXSXNtATIVSS.
to consist of two branches . . .781, 786, 768, 818, 868, 872, 874, 890, 907,
918, 916, 1220, 1226, 1644, 1606
exu tMomx,
CONQRESB OF TH£ CONSTITUTION— Oratiniud.
tocoDtiitof ft HouM of DclegtiM and Sentt* .7M
to meet uiDu»]lj TB6. 1137, lUS, 1149, ISM, IWe
qttilifiwtioiii of UuMB entitUd to dect UMmben of. . . .7U, 1SS7, 1149,
iM4,ieM
KpKMQtstiai) ID it to b« In the tkSM proportion u direct tun-
tion ion, 1108, IS2S, 1133. 1261, 1H4, ISM
irpreMDtatiou befoii ft Mnftui, . ..738, 1068, 1067, HOT, 1221, 1217,
1641. I«M
lapmentfttiol) to be fixsd by iperiodicftlcenani.... 716,741, 744, 1014,
lOSO, 1052, 1064, 1079.1080, 1087,1000,1108,1121.1228, tin, 1644,
160t
lUvM to be cODiidered in fixlog tht proportion of reprcHntft-
ti(ai....S42, 869, 864, 1030, 1062,1086,1070,1108,1211,1828, IBt,
1881, IHt, 1«M
npNM&tftUon In it to be propottiooad to the nanbei of inhaU*
tsntft. .. .TSI, 760, ei», 956, lOM, 1108, lltS. lUS, IISS, 1664. IMS
nprawntUSan in it to be equal ftmong file Statei.. 738, 761.8M,BM,
98S
rote of the Stfttei to be equal in it S«
iti indepeDdenee of the Executive 1144
danpr of it* encroachment on the other departincnia 118S
property qualification of iti member* 971,1080, 1811,1219, UBl
diaabilily of persooi having ansattled aeecuntf to be memben. till
it* member* shall not be elector* of Preaideat 1160, 1668. 1813
lU peimanent seat 11B6, 1660, 1811
idjoumment of both House*. . . .789, 1219, 1280. 1190, 1395, 1647, 1668,
1809, 1618
pririlesei of. 788,1280,1285, 1S66, 1408.1647.1601
m^ alter the Stat* regulation* relative to elections of memben
oTCoogren 1229,1279,1646,1578,1890,1808'
to judge of the electiotw, qaaliGcfttioM, ftnd retnm* of it* mem-
ber* tail). 15413. IMS
iirpsx. cziu
CONGRESS OF THE CONSTITUTION— C<mtinned.
ih tcts maybe negitived bj the President. . . .789, 788, 860, 1281, 1648,
1610
. iti leti lubject to a council of reTision. ..788, 788, 787, 809, 1161, 1882
may re-enact lawi negatived by the Executive or council of te-
▼idon. . . .788, 789, 788, 790, 860» 1180, 1171, 1224, 1281, 1888, ^648,
1562, 1570, 1610
the specific enumeration of its poweis. .760, 808, 825, 1048, 1109, 1282,
1549, 1611
may remove the President on application of the State Legislatures. .776
to choose the President 782, 762, 766, 771, 866, 1119, 1144, 1188,
1210, 1228, 1286, 1417, 1490, 1498
to receive information from the President 742, 1286, 1558, 1617
to appoint the judges 733, 792, 866.
to admit new SUtes. . . .734, 745, 794, 866, 1224, 1240, 1456, 1458, 1558,
1620
to provide for the amendment of the Constitution . . . .784, 795, 844, 861,
1175, 1225, 1241, 1559, 1621
to call a Convention to amend the Constitution. . . .746, 861, 1241, 1468,
1533, 1559, 1621
to amend the Constitution with the assent of a certain number ..
of tile State Legislatures 746, 1559,1621
to call out tile military force in certain cases..782, 741, 761, 866, 872, 881
to negative State Laws. . . .782, 745, 761, 821, 859, 872, 892, 900, 911,
975, 979, 1116, 1409, 1684
to vest the appointing power in the Courts and Heads of Depart-
ments 1688
to fulfil the engagements of the Confederation. • . .784, 794, 861, 1188,
1855, 1856, 1378, 1401, 1412, 1416, 1424, 1559, 1621
to make provision in regard to the proceedings of the electors of
the President 1487,1518,1554,1616
to possess the legislative powers of the Congress of the Con-
federation 732,759,859,1109,1221
to legisUte where the States are incompetent. .732, 760, 859, 872, 1109,
1116, 1221, 1896
iti general legislative powers. . . .789, 750, 859, 1048, 1109, 1116, 1221,
1282, 1389, 1853, 1365, 1378, 1398, 1485, 1549, 1611
to lay and collect duties and taxes. . . .739, 863, 1282, 1339, 1398, 1412,
1486, 1540, 1611
fyr what objects it may lay taxes. . . .1283, 1838, 1898, 1412, 1415, 1427,
1485, 1^41, 1549, 1611
the proportion by which they shall regulate direct taxes. . . .741, 1079,
1108, 12^H, 1261, 1554, 1606
the proportion in which they shall regulate capitation taxos. .741, 1284,
1551, 1579, 1618
to lay no taxes on exports from the States. .741, 1080, 1234, 1261, 1551,
1613
109*
cm IKDEZ.
C0N0RES9OF THE COKSTITUTION— Cotitiim^.
to Mwnt to imposti lud by tfae Statn 744, 1SS9, 1M^ MU
itopneeedingi on miuiej biUi, .7ST, 8SB, 1034, 1025, 1041, 1066, llOfl,
UZ8, 1228, II66, 13T0, 13BT, 1M5, UIO, 1404, 1B30, IMS, IM>
fcte Oft moBe; billi to ba in proportion to contribatioD 1010
Biiut mike xppropriitnm befora moatj cm b« dnwn Horn the
Tnuniy 1014, HM. ^38. 1331, 1494, 16S0, 1S51, 1113
lanuK bxes by requiaitioni nSl
to ngoUteconmeree .741, 8SS, 128i, 1S4S, 1SS2, 1U». 1B»^ ISll
two-thinls of tiioae prefent necemiT to nuke commercid raga-
latkMU T41, 12S4, ISBT, 14U, 14M
to rsTisa tbe iiupectioD l>wi of tha States 1MB
I to reguUta commBrM between the Statee. .1S8S, 1S4I, ISSS, I4M. 1440,
1477, 164t, ISIl, I6U
to eatiblish ■ law, relatfre to bankruptcy . .144S, 14T0, 14SI, 1S4*, Mil
to etUbliih a Un, relitiTe to dainagei on bilk oT exchange 14tf
to borrow money 740, 1S31, 1S4>, 1811
to emit bilbini m^t 740, ISU. IMI
to eoin money T40, 12SS, 1S4S, 1549, 1111
to regulate the value of coioa 740, 12>2, IU3, tE49, ISII
to aecure the public crediton, and the payment of the public
debt.l8U, 1379, I39B, 1401, 1412, 14t4. 14S5, 1549, IBM, Mil, lOl
to iiMiffle tbe State debt* ISn, 14M
to puUiih tha public accouutt 1560
Id eilabUib poit-officea T40, 863, 1233, 1S43, IH9, 1011
to eatabliih poat-road* IMl; 1MB, 1011
to regulate atsgei on poat-roada ISU
to catabliah post and mUitaiy roada 740, I54>, Ull
to make canali ISTC
to make war 1Z8S, lUI, I5S0. 1812
to grant letten of marque and reprisal USS, 1494, 1S50, 1811
to raise annie* T40, ISSa, ISSO, 1494, lUO, ISU
IWDEZ. est
CONGRESS OF THB CONSTITUTIOlir—CoDtiiniad.
•D cases arising under its laws, within the Jurisdiction of 8ie Na-
tional judidazy /.12S6, M06, 1618 •
to l^islate concerning piracies add felonies at sea 740, llStt, Ut2
1847, 1650, 1875, 1611
to legislate on counterfeiting coin 740, 1288, 1847, 1648, 1611
to legislate on offences against the law of nations. . . .740, 1288, 1847^
1550, 1618
to fix the place of trial, in certain cases 1441,1587,1619
to punish treason .741, 1881; 1870^ 1557, 1619
not to pass bills of attainder or ex post fecto laws .1899, 1458
1551, 1611
when it maj suspend the habeas corpus. . ..741, 1865^ 1441, 1551* 1818
its power relative to the migration and importation of slaTes 1231,
1888, 1415, 1427, 1551, 1618 *
its power of taxation on the migration or importation of slaTes.....l284»
1888, 1416, 1427, 1551, 1618
its power of prohibiting the migration or importation of slaves. . .1284,
1551, 1618
to consent to certain acts of the States,. ...744, 1889, 1442, 1445, 1652,
1584, 1606, 1614
not to interfere with tiie pc^ce of the States, or matters to
which they are competent 1898,1698
to establish Territorial govemmenti 1858, 1569, 1621
to regulate Indian affkirs 1854, 1398, 14S6, 1549, 1611
to make conditions with the new States, relatiTe to the public
debt 1466
to make regulations relative to the public lands 1858, 1466, 1668,
1620
to tjL ttkt stand|pi of weights and measure8..740, 1282, 1848, 1549, 1611
to grant charters of incorporation 1854, 1676
to secure copy rights and patents 1854, 1495, 1549, 1611
to promote science 1866, 1495, 1649, 1611
to establish a unirersity and seminaiies 740, 1854
to establish, and have jurisdiction over a seat of government 740
1218, 1354, 1550, 1612
to appoint to great offices 1868
to provide an occasional successor in a vacancy of the Execu*
tive 1484,1554,1610
to appoint a Treasurer by ballot 740, 1282, 1846, 1549, 1574
to constitute inferior courts..740, 748» 799, 860, 1186, 1282, 1847, 1560,
1811
to apply for the removal of the judges 1488
to require the opinions of the judges 1865
to make a great seal 1808
to enact sumptuary laws 1369
to direct a periodical census 1288, 1877, 1544,1606
COHOAEaS OF THE CONSTITUTION— Cantlniwd.
to all ft eotmntioti to uneud Ibe CcHulitstiaii 148S, Ittt, IIH,
UM,1«»
to main all lam atctmtzj to oncqta iti pomit TJI, Un, UTS,
Utl,Ult
not to pMi Um on religion .741, ISTT
not to tbridge tha UtMr^ of tbe pmt 74t
to Jndge of the priTileget of it» mamben. 1499, 1M6, UOS
flnt election of, under the new CoMtitntioD U4S, 1418
ItaiKMeedingioattwdeathof Mr.Madiaon l,iii
OOIfNECTICDT
▼at«a for independence IT
pafaM rti. nrnnhMji/ tf.t>.lilt.i.t. .. tkj fal. »f t.y-«!M> t%
t>kei itepa to fitmith her quota 4S
two of bar regiment! revolt , 4B
ceaaiouof berpablic landi ....•....••.. 99, 19T, 479
oppoae* tlM claitni of Virfinia 12B
her eonteat with Feana;lvaDia.....l4T, lU, 345. 47S, 48S, 4S1, 496, M7
hn delegate* inCongreK, November, 1783 19T
oppoeeaaeominutatimofbalf-iiaj Stl, US
ti Intareated ID the eatabliibment of a general rerenae MS
nnmber of inhabilant* and proportion of contribution in 17S3 411
Totea IbrMr. Boudinot aa PreaidenI 47S
adopti exelniive eonunercial regulationa Til
prtwevdinp u to Spain and the Miiaiaaip^ MS
eondnet during flw revolution '. ItOT
proeeedingi on. the Federal Couventioc 6BB. SIS. tn, MS
aenda delcgatca to the Fedarai Convention 718,748,770
wiabei th« Conatitutlon to be merel; an enlargement of the Con*
proportion of repreaenlation in tba Hooie of RepreacnUivea ba-
fenaeenauf TS6, lOfil, lOST. 1107. 1212, ISST
proportjon of reprMetilalion in {he Senate before a ceiigaa TBT
M iiTDSX. cxvn
CONSENT— Continaed.
^the StitefltoamendmeDtsorthe CoDftitttti(m.746, 1241, IftM, U(A, Ittl
of Congreu uid the Stmte legiilature to the erection of a new
Stite within the limits of a State 1468. 1668, 18SD
of the Stites to purchases by Congresi 1496, 1661, 181S
of the Congress of the Confederation to the Constitntion 1686
CONSOUDATION
objected to by Mr. Madison 681
CONSTANTINOPLE 493
CONSTITUTION
that of each State published by Congress 98
rerision of that of Virginia 680
proposal for a Federal 480, 687, 616, 697
proposed at varioos times 706
its necessity 902,967,988,992,994,1029
proceedings of Congress npon it 646
Mr. Madison's suggestions of a new one ^ 681
Mr. Randolph's plan of one 728, 781, 868
Mr. Pinckncy's plan of one 78^
Mr. Patterson's plan of one. . . ; • 863
Mr. Hamilton's j>lan of one 878, 890
Vol. 8, (Appendix No. 5,) xri.
objects for which it should provide . . . .729, 747, 802, 831, 868, 868, 878,
946, 958, 962, 987, 1002, 1548, 1605
the adoption of a good one involves the fate of a republic and the
States 966,967,988,994,1018
whether it should derive its authority from the people or legisla-
tures of the SUtes 1177,1188
how hx it should deviate from the Confederation 747
it ought not to encroach unnecessarily on the States 760, 816
plan of, too extensive 868, 869
ought to operate on individuals, not on the States 748
its effect on the sovereignty of the States 906
a national system adopted as the basis of it 904
compromise as to the rule of representation under it. .997, 1024, 1040,
1107, 1110, 1112, 1267, 1271
whether representation under it ought to be by a different rule
from the Confederation 751, 869, 974,977, 997
resolutions adopted for its basis by the Convention 1220
committee of detail appointed to draught one 1187
preamble ofit 1226, 1243,1548, 1606
first draught of it reported 1243
fint draught of it refSerred after amendment to a eommitteo of re-
vision 1582
second drau^t of it reported 1543
second draught ofit after amendment ordered to be engrossed 1596
final draught ofit adopted 1605
ezTui un>iz.
CONSTITUTION— Continncd.
nodaof lifDingit IBM
BiDdB of nbminiiigittotfai CoagrMiaftbeCotifidanthm IWtt
oath to inptMHt it to iM taken by the Pmidint 741, UtJ
otth to aupport it to be taken bj aU offlcen. . . .TB4, TBS, 94S, Ml, IIM,
lss^ it«, i<n
moda of it! uneDdmeDt. .T4S, TU, nB,S44,a«t, I17S, IMS, )U1. 14H.
ISSS, IBM, ini
mde oTlti nti£catioD.....7SS, TBS, SU, BS1, 8T9, IITT, ina, IS41,
1S80, 1468, I4T4, 1688, 1S«0, ISTO, lOl
tobeoTgwuHd when ratified bf a eeitainuambcT of State*.. T4S, 1180,
IMS, I4T6, ISM, tm
opiniaui of the Stalm in regard to 646, MT,84&, 862. ew, STS
OONBULS
coaTention with France, in regard to X47
admiMioo of British, debated Ht
caaes of, under the Jurisdiction of Soprene Caart.74S, USS, lUT, 161t
appointment of ISSO
CONTRACTS
violated b)* 8t*teUwt during the Ckiofedet»tioD 711
efltct of tlmae made by the State Legiilaturea 1U1
private contracts not to be impaired by the State! Idil, ISfiZ, 1614
CONTRIBUTIONS— See Taxes.
■hould foim the inle of repreientalion b the Legifiature TSI, 7S0,
s3a,S4a,Me,toM, lOM
of flu Statei, to be in proportion to tlie freeioen and thraa-fiUM
of thailBTei SM
CONTROVERSIES
dectaion of thoae between the States, about tenhoif er jutiadie>
tion 742, 1M4, 1416
bow decided between the Slatei, under the Confedaratioa 476
betweea Penneylvanja and Connecticnt. . . . 147, 1S2, XIS, 476, 486, 4M
COKVEKTIDN
IMDKZ. CZIZ
CONVENTION— ContiDued.
goes into Committeo of the Whole • • 746
Ckunmittee of the Whole reports a series of propositions 858
detennines not to go agtin into a Committee of the Whole. . .869, 1248
clashing opinions endang^sr its dissdation 964
prayers in it proposed 986
appointi a committee of one from each State, to raggest a com-
promise between the large and small States about representa-
tion 1017
secession threatened hy some of the members 1083, 1110
a4i<Mims, for an opportunity of making a compromise between
the large and small States 1111
inlbnnal meeting, relative to the representation of the large and
small States 1118
appoints a Committee of Detail, to dranght a Conslitntion 1187
iti resolutions, as adopted after discussion • 1880
refers its resolutions, as adopted, to the Committee of Detail 1280
refen tiie plans of Mr. Pinckney and Mr. Randolph to the Com-
mittee of Detail 1226
refen the amended draught of the Constitution to a Committee ^
of Revision 1588
second dranght of a Constitution reported to it 1648
adopts the final draught of the Constitution 1606
gives directions as regards its journals. 1604
provision for its expenses 1488, 1496
second Federal one proposed 660
CONVENTIONS OF STATES
Constitution to be submitted to. .... .785, 705, 846, 861, 879, 909, 1177,
1225, 1242, 1468, 1474, 1560, 1570, 1568, 1595, 1688
Congress to call one, to amend the Constitution 1241, 1468, 1556,
1660, 1502, 1598, 1596, 1621
CONVICTION
of treason 741,1288,1876,1528,1557,1619
of the President of malpractice or ne|^ect.....779, 860, 1158, 1224, 1828
of the President of treason, bribery, or corruptioo... .1887, 1488, 1528,
1556,1618
under an impeachment 1289, 1486, 1528, 1580, 1581, 1646, 1607
pardon before it ' 1488
CONVICTS
introduction of those from abroad. 1188
COPPER
coinage of • • 688
a legal tender 744
00PTRI6HT
powen of Congress in regard to 1854,1495,1549,1611
CORfilN, FRANCIS 576
COBNWALLIB
hk conduct at ChulMtoa 98
ctptuncrf^atToiidom , 88
ridsColoBal Luireni in procuring a, Britiih puipoit .■..US, 4HB
propoMl to exchuige bim Ibi Colonel Laura oi >D^4n
nmarka od hia cbancttr aad conduct. Ml
CX)RFOEATI0NS
pown of tb« CmgTcsi of the Confedention to create, dooUfU .105
power of CoD{[rM*, under tha Conititution, in ngard to UM, IffTB
United SUles to be one UN
CORREBFOIfDEIfCE
Btfimd'it,aodiiMnnerin whichit wupTMemdbj^Ir.Hadi*
•« «■«
commcucei 2Tth Mirch, 1780, and contiDue* to SBth Octabar,
1T8S. 41 to IN
comBcncei BIh November, IISS, and contuuci to lOlh Decem-
ber, HSt.. *»b)tBO
commeDcei IBth February, IT87, and continuea to !d Nonm-
ber,1798.'. <16to68S
tbat between Wuhington and Clinton, relative to Conwallii 18
between the Preaidenl end State EiecutiTci 749, IIST, 14IS
COBRUPTION
Preeident to be removed lor. . . .749, IISS, 12ST, I4S4, UlS, ISSe, ISU
Head* of Deputmenti to be removed for IMS
of the State LejfulaturH tSlB, ISU
of Uood not to be worked by attainder. IBS
of tbe Brilieh goTemment 7SB,TBB^BM
inflncnce of it SSI
COUNaL, EXECUTIVE 7U, 783, 811, ISSS. 1867, 1388. 1414. 1488.
1S17, isn
COUNCIL OF REVISION
to coneiit of Executive and a convenient number of the Judi-
ciaiy. 83», 788, 788, 7ST, 791, 809, 811. 1181, 1881
INDEX. CXXl
COURT OF INQUIRY
one dinetod on Oenenl Gttei. ; »•••••.,. .06
COURT MARTIAL 140S
on L^ypencot at New York »..1C2
on tbe matineen at Philadelphia. 667, MB, 678 ■
COTTON CARDS
exempt from duty 872
CRAIK^DR.
appointed in the Medical Staff. 60
CREDENTIALS
of tbe members of the Federal Convention 728
CREDIT
public, exhausted in 1780 43
merchants of Connecticut associate to support it 46
emission of bills of by Congress 740, 1282, 1348
bills of; not to be emitted by the States . . . .744, 1289, 1442, 1662, 1614
to be given by the States to the records and judicial proceedings
of each other 746, 1240, 1448, 1479, 1480, 1667, 1620
that of the Confederation to be secured by the Constitution. . 1856, 1866,
1878, 1401, 1412, 1416, 1424, 1669, 168i
CREDITORS
clamors of public 146
proposal of Pennsylvania to provide for those within the State. • . .199,
217, 488
Ifr. Morris represents the injustice done them 274
Congress pledges itself to eveiy exertion for their payment. . .277, 280
discussion as to the mode of paying '. 282, 889
proposal to provide for the army first 888, 848
remarks on the original and subsequent holders of certificates 848
British provided for by the treaty 616, 622, 646, 686, 689, 677
public, unprovided for in 1787 710
iigured by State laws during the ConfederatioD 712
CRIME
to be tried in the State where committed. . .744, 1289, 1441, 1667, 1619
to be tried in the State courts 896
to be defined by Congress 1348
CRIMINALS
fugitive, to be delivered up to one another by tbe States 746, 1240,
1447, 1668, 1620
to be tried in the State where the offence was committed. . . .744, 1289,
1441, 1667, 1619
CROMWELL 787
CROWN LANDS— See Public Lauds.
claim of the Crown to tbe public lands of Virginia 119
CUMBERLAND, MR.
British Minuter in Spain 70
110
CXXU IMDEX.
CURRENCY
flu pretext for DBS of paper cut off. ISM
CUSHMAN, SAMUEL
K member of the comniittee qtpoioted on the datth of Mt.
MkduoD (VoL 1, «<»«) »
CYPHER. 4. 134, 149, 161, 164, «T4, tfr
DAMAGES
provisian for IhoM OD bill« of exchtugo I44S
DAHA. FRANCIS Ml
iutnicliona sent to him 139, 64B
propoiEB to negoti&te ft commereul treaty with RuBsia 4B8, 454
gon to RoMia H7, 061, 063
a delegate to the Federal CoDTeotian from Muaachiuetts 6S1
cDurae Id the CaDveotton of Haaftcbuietti for latuyiiig the
Federal ConititDtion .flST
DANAE
French frigate wrecked 491
DAIfE, NATHAN
Tiena in regard to a Federal CooTention BSS, MS, UO
vlewa in legard to Spain and tbe MiniKippi. ^ SIS
DAUPHIN
birth of, announced to CongrMi •.. US
DATIE, WILLIAM R.
atteadi the Federal CoBTcntioi) 7SS
propoaet an impeachmuit of the Rvaideat foi tnalpndiM or
D^jtect 779
eoo^den the unpeaetunent of the RretideDt u eneotiBl provi-
won 1164
hUview) relative to the duration of the Executive terra... .1191, 1209
hi* Tievn on the ratio of npresentation 1007, I0S9
inriita OD il«*ei being included in flie ratio of repi«*eDtatioD 1061
DAYTON, JONATHAN
uttendi the Federal ConTention..
INDEX. CXXlll
DAYTON, JONATHAN— Continued.
wiahes a latitude given to the power to protect the Statei from
invasion and rebellion ; 1467
ftars the right of the States to laj duties for inspection 1M7
tUnks the Ckmstitution should be ratified by ten States 1473
signs the Constitution 1628
DEANE, SILAS.. B8
his letters published « 108
DEATH
of President provided for 743, 1237, 1484, 1488, 1616, 1504, 1616
of a Senator provided ibr 738,1228,1268,1546,1607
of a Representative provided for 1268, 1546, 1606
DEBATES— See Rsfctrts.
proposal to make them public 84
freedom of 788, 1280, 1M7
DEBERRT, EDMUND
a member of the committee appointed on the death of Mr.
Madison (Vol. 1, notice) z
DEBT
mode of liquidating it during the ObniSBderation discussed. . . .112, 804,
883, 388, 350, 862. 870, 418
Pennsylvania proposes to provide for that ^thin tiie State . . 199, 217, 488
Congress discusses its adjustment 224, 282
proposes to fund that due to the army 255
State proceedings relative to British debts discussed 264
amount of public, in 1783 804, 364, 438
mode of ascertaining that of the States 444, 518
to British subjects provided for in the treaty 516, 522, 685, 689
difficulty of Congress in providing for it during the Confedera-
tion 694,710,729
provision for it under the Constitution 1355, 1898, 1485
security of that of the Confederation 1365, 1366, 1378, 1401, 1412,
1416, 1424, 1569, 1621
assumption of that of the States 1856, 1857
rule for adjusting it 1379, 1416
taxes to be laid for the payment of 1398, 1549, 1611
conditions in regard to it with the new States 1241, 1466
must be paid in gold, silver, or copper. .744, 1239, 1442, 1552, 1581, 1614
DECLARATION
of independence 4, 9, 19, 687, 906, 1049
of war by the Senate 742» 1^82
of war by Congress 1288, 1862, 1550, 1612
DEFECTS
. in the Confederation 88, 111,690,701,729
DEFENCE
common, to be provided forby the Constitution. 731, 747, 14S6, 1548, 1606
cxxiv iiritBX.
D£FiHrnoN
oftnuon 741, 1S8S, ini, ISffT. 1119
of the TtapectiT* paw«n of Congrau tud lb* Stalet •boold b«
made ......BW
ofoffencHbjCongmi 1S4S. ISM. inS, HI]
DE UL FOREST, MR.
•■ procaeding* reUtivc to Spunutd tbeMi*uwppi ttt
DELAWARE
•tid lo be unprepared tor the deduition of iadepeudanea M
Dutthii denied >••>•■ .U
hec vote divided 17
Kfterwwdi vote* for it 17
votes for white ioh^ituita u the rule of tkXfttioD It
rcfunei to assent to ui embir^ on exports 86
pttioniies Vennont IS
' 'ntginlalutd alainu oppotedby her UI
her ileleitateB in Congreu, Noveniber, 1793 1S7
canduct of refugees there S60
Ii interested In a general revenue Stt
Buciber of inhabitants and pnpoitioa of contribulion in 1781 491
dcflrei to confine Virginia wltbln the Alleghany 465
votes for Mr. Boadinot aa Preiideot .187, 4TI
adopts the plan of a general revenue .Kl
withdraws her appropHationa from the treasury of tlteCODfiBden-
tion 6S8
Beeessi^ of commercial regulalioni with Pennsylvania AM
■ends delegates to the ConventiOD at Annapolis 6M, tffiS
(ends delegates to the Federal Convention 711, 713, 7S7
prohibits the delegates liom chtn^ng the equal vote oftbeStatei.. 713,
76t,B6t
ratiflei the FedenI Cooititntiou 607
proportion of repreientation in the House of Reprewotativesbe-
INDEX. CXXV
DELEOATES^-ConUnued.
to the Federal Convention 718, 721, 722, 727, 746, 708, 762, 770
from Virginia take the initiative in the Federal Convention ^•715
DELIVERY
of poetB, negroes, &c., under the British treaty 4S0, 468, 682
offhgitives from justice 746,1240,1447^1658,1680
of fugitive slaves 1447, 1466, 16te, 1620
DEMAND
for fugitive criminals by the State executives to be complied with. .746,
1240, 1447, 1668, 1620
DEMOCRACY
excessive spirit of, remarked upon 753, 759, 796, 801, 1608
American people in favor of it 788, 926, 950, 1407
its advantages .'. .808
its evils '. 804,886
DEPARTMENTS
executive under the Confederation examined by Congress # 152
directions to, should be more precise 197
examination of that of Finance. • ^ . • 486^ 461
reorganization of 432, 678» 687
independence of, under the Constitution.. .758, 764, 766, 767, 777, 787,
798, 810, 811, 1129, 1142, 1156, 1162, 1191, 13J4, 1420, 1504, 1511,
1517
executive under the Constitution 811, 891, 1144, 1171, 1859, 1866,
1867, 1899, 1488, 1522, 1617
DEPRECIATION
of paper money 62, 692, 718
regulated by Congress • 68
merchants fix a scale 69
scale in April, 178 1 86
not allowed to the States redeeming beyond their quotas 207, 488
discussion on tbe rate of. 227, 289, 848
DEPUTATION
from the anny sent to Congress 112, 248, 256, 266, 496, 497, 498
from Vermont to Congress 116
from Congress to the States to comply with the requisitions 182
from Congress to Rhode Island to urge the impost 226, 488, 498
DEPUTIES
meet at Albany in 1754 686
meet at Philadelphia in 1774 887
i^pointed to meet at Annapolis in 1786 686
D'ESTAING, COUNT
sends a cutter with news of peace 409
DETAIL
committee of, appointed to draught a Constitution. . . .1187, 1220, 1225
committee of, reports a draught of a Constitution ... 1248
CXXn INDEX.
DICKER80N, HAHLON
iwuM gencnl order* to the Dtvy on tb* de*lh oT Mr. Htduon,
<Vol. l.nirfict.) St
DICKINSON, JOHN
oppoKi tbe decluation of Independence./ 10
doe* not lign it 18
piDCKdin^of, relative togoodi ■eDttaprisoiMniu)darpMip«n1i..Sn
proceedings of, reUtlTS to the matinous conduct of the troopi It
PhiladElphii MS, IMS, 661
leporti the uticles of Confederation 6W
kttenda tb« Feilerd Convention 7ZT
viewa on the election of the President 1206,1206,1600,1609
kdvocates the removal of the President bjr Congnei, on u ^pli-
cutionor the Slates 778
oppowt a itiong Executive 777
his remark! on a monarch; 718
eulogises the Biitish Constitution S07, ISIS
thinks the responsibility of (he ExecntiTa sbonld be •trictly
guarded 811
desires an Execu tire (JounciL , 1SS4
objects to the unlimited power of appointment in the IVesident. . . 1411
wishes the provisions in regard to a successor of the President to
be IcM vague 1484
advocatesaneleetitmofthe Senate by the Stale LrgiaIaturea.6M,612,81tI
advocate* an eqnal vote oT the States in one Legislative branch .778, 861
wishes the Senate lobe like the House of Lorda 811
advocates a representation in the House of Representative* ac-
coiding to inhabitants or properly .779
wifbe* a represenlation in the House of Ilepmentative*Ubepii>.
portioned to contribution 8M
advocates on election of the Repreaentotivei bj the people 806
prefeis triennial elections of the Representative*.... 928
INDEX. CXXTU
DICKINSON^ JOHN— Continued.
object! to luirendering to CongreM the power over the militia. . . . 1861
prefers a ratificition of treaties by law 141S
wishes the respective powers of Congress and the States ezactlj
defined .826
advocates a National Judiciary distinct from that of the States 799
yopoaei a removal of the judges on application of Congresi 1486
dbjeeli to a power in the judges to set aside the laws 1884
wiabei the provision in regard to treason to be explicit 1871, 1876
views as to the claims of territory of the large States 1469, 1464
thinks that the General Government should interfere to protect a
State on the application of its executive 1467
views as to the ratification of the Constitution 1469
signs the Constitution 1628
DIET, GERMAN 882,889,919.961,981,1060
DIGBT, ADMIRAL
vraites to General Washington 128, IflT
sends proclamation of cessation of hostilities 487
writes to French Minister JBUl
DIMINUTION
of pay of the President not to be made during his term . .788, 748, 1287,
1664, 1616
of pay of judges not to be made during their term. .788, 748, 794, 860,
1186, 1288, 1487, 1666> 1618
DIRECT TAXES— See Taxes.
DISABILITY
of President provided for 748, 1287, 1484, 1488, 1614, 1664, 1616
of electors of President 1160, 1608, 1612, 1668, 1616
of members of Congress to hold office. . . .781, 789, 860, 868, 869, 987,
989, 972, 1221, 1817, 1479, 1481, 1647, 1674, 1609
of members of Congress to be re-elected for a certain term. . . .781, 861
of persons to be members of Congress who have unsettled ac-
counts 1211
of persons to be members of Congress without a property quali-
fication 1211
of electors of Representatives 1249
of persons convicted on impeachment 1289, 1646, 1608
of officers to accept presents or titles 1408, 1661, 1618
DISCHARGE
of soldiers 448
DISCIPLINE
of militia by Congress 740,1408,1660,1612
DISPUTES
between the States about territoiy or jurisdiction to be decided
by the Senate 742,128-1
tobegairded icuDit by tin Cotutitutioil T39,n0
dingers or, ini namemai Executive T8I
DISBENT
of SeDKb>ri to be entered on the jooinal im
DISTRIBUTION
of ths powen of Gunnrnenl. . .747, 767, 1188, 1220, 1>W. 1S4S, IMt
DISTBICTS
Senitoii&l, to be mule over the Union 758, 818, 818, NS, 880
Ibr electors of President. 771
DISTRICT OF COLUMBIA
Congreu may establish, and have jurisdiction over a feat of go-
venvient 740, 12tS, lUO, 1611
necestit; of a permanent seat of gorenunent 1186
DI80BDEB
inCongRH 1188, 1180, 1M7, 1608
DISUNION
danger of.. .SGS, 611, S7), 713, 7B0, 8S1, 890, 902, 938, 994, 1019, 1497
bow to be effected 894
DIVISION
of the territory of the SUtet.. 1230, 185S, iSfiS, I4S8, 15S8, 1590, ISKt
DIX,JOHN A (Vol. l.Mfca)nmu
DOCEYABDS
iii^bei«ovidedbyCoi^;reM 740
Jurisdiction ID, to be exercised by Congress .740, 1484, IHI, 1011
DOCUMENTS
«D Virginia land cloi mi ihoold be collected , 188
DOUAIN— See Lahds, Public.
DOHEBTIG— See D»t.
diMenuoni to be guarded agatnit by the Constitution T28, 710, IB4S
commerce to be regulated by Congress. . . .740, 1131, 1S41, 118I, 1430,
1440, 144S, 1450, 1477, 1849, 1811
leaubjiiej by ConEreag 740.7^5. 1139. 1233. 1
INDEX. CXXlk
DRAWBACK
on lalt fish diflcussed , 487
DUMAS, ALEXANDER
^ kit ktten, relative to the view taken by the Dutch of the conduct
of France , 545
DUNKIRK
Britiih offer to restore it to France 181
DUNLAP.MB.
a nwrabtr of the committee appointed on the death of Mr. Madi-
■cm (Vol. h notice) x
DURATION
of Executive... .782, 766, 779, 860, 891, 1125, 1141—1161, 1189, 1191,
1205, 1223, 1286, 1417, 1486, 1496, 1508, 1512, 1552, 1614
of residence and citizenship of the President..l898,1487, 1616, 1554, 1616
of House of Representatives. .781, 786, 846, 858, 890, 928, 1220, 1227,
1544, 1605
of Senate , . . .732, 738, 851, 859, 890, 960, 1221, 1228, 1645, 1607
of citixenship necessary for members of Congiress.. . . 1227, 1229, 1256,
1278, 1544, 1545, 1606, 1607
of residence necessary for memben of Congress 1227, 1229, 1266,
1278, 1544, 1545, 1606, 1607
of Judiciary.. 788, 794, 860, 891, 1185, 1210, 1224, 1288, 1486,1556, 1618
of laws for revenue 1896
DUTCH
their confederation partial at first... 15
equal vote of provinces 85, 87
British urge them to make separate peace 115, 125
furnish supplies to the United States 180
give Mr. Adams a public reception ..181
their favorable dispositions 188^ 144
recognize independence of United States 158
make loan of five millions of guilders 170, 492
negotiate a treaty of commerce 171, 188, 267, 492
machinations of the Prince of Orange 184
inaccuracies in the treaty with 267, 268, 801
amount of debt due to, in 1788 488
censure proceedings of France 646
delays of, in concluding definitive treaty of peace.. . ^ 668
send a minister to the United States i 568, 575, 579
controversy in regard to treaty with 617, 626, 712
proposal of Mr, Jefferson to exchange French for Dutch loans 661
civil commotions among 656, 666, 679
distraction caused among them by plurality of military heads 780
increase of executive power there.. 789
evils of tiieir Confederation 874, 882, 919, 951, 982, 1050
evils of tiie Stadtholder not bf*ing impeachable 1168
110*
prapoMd bj Cangren of Confcdcnticin ■ — M
Vir^nw Tepetli her law, gTuitJug tbem • -•' 111
refiued by Rhode laluid ^ ITl.IU
tdvantage of, u a mode of tu&tiiin. B06.Sn
■pedfic propoted MO, a6<,nQ, 87S, S7S, SSS, EW, 514
onimpoatt not tttwnablc under tha ConledentioD 7W
to be laid, uid collected bj Congresa TS9, 86S, 1SS3, ins, 149^
164S, IBTS, 1611
on expoita 741, 1080, I1S7, I2U, 1SS9, 1382, 1641, lUl, ISM, 1611
none to be lud bj the Statei without the auentof Congraia 744,
1S39, 1GS2, 1S84, 1614
on the migntion andimportttion of aUTea..li84, 1388, I41B, 1661, 161S
to be Uid, to paj debta and Meea«)«7 expense* 1)98, 1411, 1424,
IfiSO, ISll
on tnde between the Statu... 1481, 1440, 144S, 1477, 1666, 1668, 1680.
1684, 1618
to be oniform throughout the United Statea I6TS, 1580, 1611
DYEB, CLIFBALET
laprMcnta Connecticut inCongreaa IS
oppoeea dnwing 00 Franca in adrance 162,356
oppoaea collection of taxes bj Congieii ■'. .,..287
o^oda to conrae of Congresa towards Vennant SIS
vinm ai to eommutatioa of half-pa; 820, SS8, 4DS, 406
mnarfcion conductor the American Commiaaionen at Paiia. 406
adToeatet including expeoiei incurred bjr StatM in ptovirion far
pabliedebt 410
cppoaea drawback on salt fish 467
uigM liberatioii of piisonen 443
nmaiks on diabanding army 468
judge, in trial between Connecticut and FenniytTinia 476
ECONOMY
INDKX. CXXXl
ELECTION— ContiDaed.
of the President by electors chosen by lot (rom the National
Legislature 1198,1208
of the President by the Representatives 1510, 1518, 1516
of the Vice President 1487,1668,1616
of Senators by the Executive 814,1020
of Senators by the State Legislatures. 757, 759, 806, 812, 858, 956, 1228,
1545, 1607
of Senators by the people 758, 814, 818, 890, 956
of Senators to be by the Representatives 732, 787, 757, 800
of Representatives to be regulated by the States. . .788, 925, 1229, 1516,
1608
of Representatives to be judged by the House 788, 1280
of Representatives by the State Legislatures. .753, 756, 888, 926, 1009
of Representatives by the people of the States. .781, 786, 758, 808, 858,
890,926,1544,1605
of Representatives, how oOen . .781, 786, 846, 858, 890, 1220, 1227, 1544,
1606
to fill vacancies in Congress 787, 788, 1228, 1229, 1268, 1615, 1606
to be judged of by each House 788,1230,1546,1606
mode of, when by ballot in Congress 1244, 1487
qualification of electors in that of Representatives. 1227, 1249, 1544, 1606
of members of Congress to be regulated by the States, subject to
the alteration of Congress 1229,1279,1646,1606
contested 925
of a Treasurer by Congress 740,1282,1846,1649,1574
first under the new Constitution 1242, 1476
ELECTORS
of President to be chosen by the State Executives... 828, 1148, 1196,
1199, 1208
of President to be chosen by lot from the National Legislature. . . .1198
of President to be chosen by the people. . . .770, 891, 1147, 1152, 1208,
1421, 1486, 1497, 1512, 1552, 1614
of President to be chosen by the State Legislatures. . . 1124, 1149, 1186,
1190, 1208
ratio of those of President among the States. . . .1149, 1152, 1486, 1512,
1552, 1614
of President not to hold office 1160,1508,1553,1615
of President not eligible to that office 1160
of President how paid 1161
of President, when to be chosen .676
of Senators 890
of Representatives, their qualifications..786, 1227, 1244, 1249, 1544, 1606
ELLIOTT, LIEUT. GOV 530
ELLSWORTH, OLIVER
opposes disclosure of negotiations relative to confiscation and
British debts 264
CXXXU INDEX*
ELLSWORTH, OLIVER— Continued.
proposes a >J-ateai of penpaiienl Stale funds in preference U> a
general revenue by Coagreas 290
objeclatu crediting the Slates witlidutiet they collect S09
bii viewB on system of perminent revenue SIO
oD Committee to organize peace eatsbUahment 432
urges nitilicstion of provisionnl Bitklea 44S
urges ful til line nt of provisional articles about Tariet 4Sl
remu-liE on disbanding the army 463
remulu on cession of public lands 499, 464
confersnilh Piesident of PcnnsylvaniB on mutinous conduct oftroop*. 462
attends the Federal Convention ^ZS
objects lo the tprm National Government.... 908
wishes the agency of the States maintained 967, to 14, 1106
urges a compromise between the Ibi^ and small Slates as to their
vote in Congress 996
vindicates the conduct of Connecticut during the revolution 1007
approves of the compromise between the large and small Stales. .. 1083,
IlOfl, 1267
views as to the mode of appointing the President 1149, 1I9A, 1198
^ approves of a council of revision composed of the PreaideDt and
judgea 1162
wishes an executive council I3G8
wiahes the Senators to be paid by the States 910
inbvorofoDe vote of each Slate in the Senate S43
his views oD the mode of filling vacancies in the Senate 1269
objects to making ttie number of Bepresenlalives large 1060
desires to fix the ratio of representation and taxation by the num-
ber of freemen and three. fifths of the slaves until altered by
the legislature 1082
thinks it unnecessary that direct taxation be regulated by repr«-
seotation before as well as after a census 1DS9
in favor of annual election of Representatives 846, 929
wishes the Representatives lo he paid by the Stales 931, 935
objects to a freehold qualificatiou for electors of Representa-
tives 1S60, 1281
objects to requiring a very long term of previous residency for a
Representative 1258, 12S9
does not wish the period of citizenship tteeesavy fcr members of
Congress to be loo far extended 1278
thinks it heal lo leave the provision in regard to a property quali-
fication of members of Congress to the legislature I3S4. 1286
opposes a quonin in Congress being less than a majority 1289
objects to the yeas and nays being required in Congress 1291
approves of ineligibility of members of Congress lo ofEce 1323
wishes the pay of members of Congress to be fixed by the Coa-
ftitutiaD U36,ISS9
ELLSWORTH. OLIVER— CooliBue4-
objacta to > disqualificiitioii of perwns b»ing unattUed iccounts
Bsmembtn of Catigr«as I3I3
uriiliM tbe day of the meeting of CoDgresB to be fixed 1246, 1248
ia opposed to B tax on export) 1341, 1B83
wishes lo withliold IroDi Congress the power of making paper
money ; 1340
deiirM to limit the interference of the General Government to
subdue rebellion 1S60
remarks oq a provision for requiring Congresa to assume the State
debts ; 185T "
views as lo the extent to wliich the power over the militia abould
be given lo CongiesB 1361, 1363, UU3, 1404
thinks sumptuary laws unnectssury 136B
views OS lo the provision relative to treason 1371^ 13TS, 1373, I3TG
wishes a rule provided for adjusting the dL-bts of tlie Slates tST9
views on the apportionment of taxation before a census '....1380
approves of the prohibition of Congress lo tax the migration or
importation of slaves 1389, 1391
in favor of a compromise on the subject ol' navigation, exporti,
and slaves
remarks on ex post Tacto laws
views in regard to the fulfilment of the engtgementi of IIm Con-
federation .1,...
opposes a negative of Cod^ss on the State laws
prefers thai the nomination of judges should be by the Soiuite,
subjecl to the President's approval ,,
preten a ratification of ttie Constitution by the State LegitU-
hires 909,
EMBARGO , se, 1S6, 1385.
EMANaPATION
provision in regard to it
EMIGRANTS
from Kentucky to Canada seat back
restriclions on them .....1257,1273, 1299
EMISSION
of paper money a dangerous expedient , SS
Stales should nof resort to it 69. 62
plans for fixing its value and redeeming it ,207, 287
difficullies in record to. under the Confederation 692,712
of biUl of credit by Congress imder the Conatitutioa. . .740, 1282, 1843
of bills of credit by the States . . .744, 828, 128S, 1142, 16S2, 1661, Itl4
.of paper money, an aggression by the States 898
ENCODRAGEMENT
of authors 1304. 1649. Idll
of agriculture 1397
of manufactures 13^, 144B
CXXXIT IMDEX. '.
ENCROACHHEHT
of tha Gcncnl aorerDmeiit on flie BtatM. .760, SOS, 80S, SI6, SM, BI9,
914, 919, Vtt, 92T, 9S4, 97S, 1116, 1888, IHl
of tha Stitei on Um G«nml Government . . Sn, 8S4, 880, 88^ 896, 898,
98>, 974,991
af the Ezeentive on the Semte BU
of the Executive, Iiegiilaliue, and JudieUrr, on each other.llSB, IIM
of the Le^alature on other departments 116S, 1198, VtU, 1410
ENEMY
e*ptut«i from 731, 740, llsa. IfiSO, 1619
adherence to coniUtutei tnason .741, 1SS3, I5TI. 16ST, 1619
ENFOBCEMENT
of tnaUet bjr Cou^Bi 741, USS, 1409
of Uwi bjr the ExecutiTe 1160, )2U, Itl7, 1596, UlS
ENQACEME>-TS
of ttie CoafedentioD to be fulfiUed. . . ..734, 794, 861, 11S8, ISBS, 18T9.
1401.1412, 1416, I4S4, 1»S9, 16S1
awamptiaa of thoH of the State* 1S87, UTS, 14U
ENLIBXMSNT
oogfatnottobe tempomy 62,68
for the wai, wfaeo termiDited B2S, EST
of troopa on account of the ioBurrection in MiMtchutetli ■ 681 , 698, 617
ENTRANCE
of Tuwb trading between the States 1431, 1440, 1477, U80, 1618
ENUMERATION
triennial, propoaedonderConfedentioa tt, 676
■nade bj CoDEren in I7B8 481,918
of tbe people to be made under the Constitation. .786, 741, tOU, I0S2,
1064, 1080, 1087, HOT, 1S23, 1237, 1233, 1877, 1644, 16B0, 1606
of Qie powen of CongrcH 760, 1048, 1109, USS, 1S49, 1611
EQUALITY
in the volMof the St>tei under the Confederation 11
INDEX. CXXXY
EQUALITY— Continued.
of vote in Congress in certain specified cases 1009
of the regnlationa of trade between the States 1481 , 1611
EQUALIZATION
of the States proposed .870,908,1086
EQUESTRIAN STATUE
proposed of General Washington 449
EQUIPMENT
of fleets by Congress 740,1238,1550,1612
EQUITY
courts of, to be established by Congress • 748
judicial power to extend to 1435, 1556, 1618
ERECTION
of fortifications by Congress 740
ESTABUSHMENT
for peace discussed • 432, 648, 661
of a seat of government 740, 1854, 1560
of the Judiciaiy by Congress 748, 799, 1224, 1232, 1550, 1611
of post-offices by Congress 740,1282,1843,1549,1611
of poet and military roads by Congress 740, 1848, 1856, 1M8, 1611
of a university and seminaries by Congress 740, 1864
of institutions to promote science 1855
of Territorial governments 1858, 1558, 1621
EUROPE
effect of the American Revolution on 679
EUSTIS, DR.
letter, relative to Mr. Hamilton's plan of a constitution. . .Vol. 8,
{jSpptruUx, No. 5,) zvi
EVACUATION
British resolve on it 158
of Charleston 268,488
of the posts held by the British 460,451,529
of New York 529,582,564,566
EVIDENCE
required in cases of treason 741, 1283, 1374, 1557, 1619
EXCHANGE
Congress agrees to deposit bills in Europe, to indemnify the
Philadelphia merchants 50
New Jersey regulates that between different issues of paper money. ..68
of prisoners agreed to by British 157, 164
debates as to the mode of exchanging prisoners 189
of CarnwaUis for Col. H.Laurens 202,206»479
partial exchanges disapproved 189, 268
provision in the Constitution relative to bills of 1448
EXCISE
proposed ••••••••••••••• •.•••...« 806
to be laid and coUected by Congress... 789, 1282, 1339, 1485, 1549, 1611
CXntVI INDEX.
EXCLUSIVE
Jniudictioii at CoogNM in doekykrdi, uwnmli, uid fortifleatiOBi..TM,
14M. 14H, IBSl, 101S
juriuUction of Congreu at the Mit oT govaminent SBB, BTI, T40.
1218, 1864, 14M, 14>7, USO, 1611
power of dediring nu in the Senate ..741
powarof nuking InatiM in the Beute T4I, IIU
power of appointing ambuMdon in tbe Senate T41, UM
power of appointing Supreme judge* in the Senate 741, llSt, IZU
origination of money-biUi 806, 1108, 1223, 1228, 1266, 12B7, IKK,
1330, 1880, ItH, 1648. ISW
power of the United States relative to treuon ISTl
EXECUTION
of its geoenU powere by Coofrcn 741, IStt, lUI, 1611
of the lawa by tlie President 1160, 1124, I18T, 166S, 1«U
of jud^menti of other State* 1448. 14T9
EXECUTIVE
dapartmanla, ander th« Confederation, esamfned by Congreii. ISl
diTtctkHU to, sbonld be tDora prcciM 117
MDdoct of that ot Pennttylvwiia in legaid to the mntii^ of the
tnwpt 462,466,661
Mr, Madiion't viewa of a National one 6n
Mr. Jeffenon** opinioni of a National one ., 671
■tyla and title of it 741,106,1417
iti power ought not to t>e dan^rouily eKtended ,. 761
iti independence of the other btanchei. . .764. 766, 767, 810,811, 1141,
1144, 1IS6, 1164, 1410, 1411, 14M
danger of making it too powerful 777,788,780
'ij of itrengthening it .......1141
•f to iupport it in a republic S09
ilily ibould be enforced Bll
in heredilaiy one the beet model 887
age and qualifieationi 1386. 1487,1664. 16ia
IVDEX. CZXXVU
EXECUTIVE— Continued.
tenn of office. . . .782, 742, 762, 706, 779, 860, 865, 887, 888, 891, 1125,
1144, 1151, 1157, 1189, 1191, 1205, 1210, 1286, 1417, I486, 1488,
1662, 1614
compensation 783, 772, 860, 865, 1210, 1224, 1237, 1554. 1586, 1616
compensation not to be increased or diminished during bis teim. . .782,
743, 786, 865, 1210, 1224, 1287, 1564» 1616
re-elifibility. .788, 742, 762, 766, 779, 860, 865, 1124, 1141, 1145, 1198,
1209, 1210^ 1223, 1236, 1417, 1420, 1498, 1107
to form one of tbe supreme powers of the government. . .782, 786, 747,
1220, 1228b 1248
to execute the laws 738, 742, 765, 860, 1160, 1210, 1224, 1287,
1556, 1618
to possess the executive powers of the Congress of the Con-
federation 783
to possess, with a certain number of the Judiciary, a power of
revising the acts of the Legislature.. . .733, 783, 791« 809, 1161, 1882
to possess a power to negative acts of Congress. 789, 788, 784, 860, 881,
1180, 1169, 1171, 1281, 13^, 1541, 1548, 1562, 1610
to possess power of suspending laws for a limited tioie 790
to have a Council 763,782,811,1868,1865,1367,1898
to give information to Congress 742, 1236, 1553, 1617
to recommend measures to Congress 742, 1286
to commission officers 742, 1237, 1555, 1618
to receive ambassadors 742, 1237, 1482, 1536, 1618
to correspond with the State Executives 742, 1237, 1432
to grant pardons and reprieves 743, 1287, 1433, 1555, 1587, 1617
to command the army and navy 743, 865, 892, 1237, 1555, 1617
to command the militia 743, 892, 1160, 1237, 1484, 1555, 1617
to take an oath 743, 1287, 1485, 15»t, 1616
to appoint to office. . .765, 860, 891, 1142, 1210, 1224, 1287, 1422, 1555,
1583, 1617
danger of the power of appointment 789, 1422
responsibility in making appointments 1172
not to appoint to offices not previously created by law 1422, 1528
to make appointments with tlie consent of the Senate.. 742, 1132, 1171,
1487, 1519, 1555, 1617
to appoint the Senators 814
to appoint the Heads of Departments 1367
to appoint the judges 792, 1131, 1178, 1487
danger of allowing him to appoint the judiciaiy 1175
to remove the judges on application of Congress ...• • ..I486
to convene the Senate separately 1582, 1655
to adjourn Congress in certain cases 1237, 1296, 1556, 1617
to make war 1352
to consult the Heads of Departments. 1359, 1367, 13GS, 1399, 1555, 1617
to consult the Supreme Judges , • . .1866
111
IHDEr.
EXECUTIVE— Continued
to mnke treatin nith luIHce of the Beaate. .891, 14ST, ISIS, IG5S, I6I7
to poMpaa a property qualilicalian I31B, 1283
nsj be impeached.. 743, 779, 892, 1163, 1210, 1224, 12S7, 1487, ISM, 1616
to be removed by Congress on ipplication of the States 778
miyberemoved from office... 743,776, 779, S65, 87!, IISS. 1210, 1S24,
1237, 1434, 1E54, 1616
his Buccessor in cue of vae»ney.74S, 12S7, 1134, I4S8. 1618, 1564, 1616
ratio of electon of, among Hie States 1149, 1152, 1486,1502, 1615
election of the first under the new Constitutioo 1242,1476, 1571
of States lo conespond with lie Preaidenl 742,1217
of StKtes, their aulliority in regard <o vacancies in Confress..737, 122S,
1268, IMS, 1606, 1607
of steles to be appointed by the National OoTernmeDt .892, Mil
of SUtee to appoint to national offices 1423, 1432
of States to apply lo the President to suppress insurrection. .1467, 154 1,
1GS9, 1690, 1621
EXECUXrVE COUNCII— See CoincciL.
EXEcnriVE DEPARTMENTS— See Depahtments.
EXERCISE
of jurisdictioi) in areenals, dockyards, uid fortilications, by Con-
gress 740, 1494, 1S91, 1612
EXILES
South Carotina demands their retranspoiiatioo IS6
EXPENDITURES
lo be made public 1044, 1580, 161S
to be SQperinlended by a Department I3ST
EXPENSES
how apportioned under the Confederation 27, S79
proposal to fund them into one mass 362, 623
necessary to be paid by (axes ISSS
oftheFederaJ Convention provided for 1493, 1496
EXPORTS
embargo on proposed 86
under Qa^ aulhorixedby Coogress 189, 161,919.318
tUon..741, 1090,1157. 1233, 1261, 1339, 1382, 1446, IMl, 1561, 1666,
168U, 1613
campronitse belwecD the Northern and Southeni Stales relative
to 1395, 141S
EX POBT FACTO LAWS 1399, 1444, 1450, ISBl, 1679, 1581, 1613
- EXPULSION
fiomOoDgrean 1230,1290,1647, 1606
FAITH
to be given by the States to the judicial proceedings of each
other 745, 1240, 1448, 1479. 1(B0, 16S7, 1C20
FARMERS, GENERAL
• ttieir tobacco contract irith Mr. Morris 664
IHDXX« CZXXIZ
TEDERAL ^
onion, dlatinguiihed from an incorporating one .S5, 689
convention proposed 667, 701, 706
convention, iti character / 718
FEDERALIST
Mr. Madison mentions its commencement 666
bii share in it interferes with his Diary 8
FEDERALISTS
their course in New York 678
FEDERAL SYSTEM
such a union not sufficient 747, 884, 896, 919
compared with a national one . . . .748, 863, 867, 876, 879, 898, 909, 974,
979,967
will not prevent violations of treaties or of law of nations 896
not acceded to by the Convention 904
FELOMT
■t sea within jurisdiction of judiciaiy 788,864,866,1288
members of Congress may be arrested for 788, 1547, 1609
at sea, to be legislated on by Congress. .740, 1283, 1S47, 1660, 1676, 1612
fugitives charged with 1340,1447,1668,1620
FESTIVITIES
on birth of Dauphin 129
FEW, WILLIAM
delegate to the Federal Convention from Qeoigia 621
attends the Federal Convention 722
signs the Constitution 1628
FINANCE
the plan of Congress during the Confederation is adverse to is-
sues of paper money by States 61
Superintendent of Finance urges the creation of a Bank 106
is unable to furnish supplies for the campaign 188
reports to Congress on export of tobacco under flags 186, 189
collection of taxes by Superintendent 142
Department of, examined by Congress 162, 870, 426, 461
relieved by Dutch loan 170
increased difficulties 186,248,261,274,886,710
Superintendent declares his wish to resign 274,370, 618, 678
Congress discusses plan for permanent revenue . . 282, 808, 888, 838, 860,
862, 870, 878
Superintendent propotet gen«al system of revenue. 878
ftate of, vnXtk Fiance 418
rcoiganization of. 678, 696, 64 1
Department of, under the Constitution 1860, 1867, 1899
FUVBB
to be adjudged by State courts 864
relative to the militia 1408,1406
CxI INDEX.
FISHERIES
Esstcm States alarmed ia regnii] to Ibom flS
MariraU's intercepted letter about them ....\ , 385, 249
licenaea to whalera 40S
drawback onaalt flah 4S7
provided Tor in the treaty with tlie British STS
remarks on 1263, 1460, 1S2S
FITZHERBERT, MR 182,487,488
FITZSIMONS, THOMAS
not a naUve of Ihc United States 1801
delegate in Congress from Pennaylvania .'.481
proposes plan for redeeming paper montfy 208
oppoaea diaclosure of negotiations relative Ici conliscationi and
Briliali dehta IM
urges general confidence io discuuinf the revenue system 2n
reDtarlcE on reruaal of impost and contribution by Virginia 315
remarks on export of tobacco under authority of Congress SIB
opposes discriminnthHi among public ciediloia 344, 347
viewa in regard to impost 350,401
recomniends eircumapection in regard to commettial treaties 489
remarks on cession of puUic lands 4S0
a mcuiber of the Committee on the answer to the objeEtioai of
Rhode Island to the impost, (Vol. I, Appendix) xU
altcDda Ibe Federal Convention Til
in favot of a freehold >]aaUfiCBtion of electncs of Representatiles..l249
Uiinks Congress sliould be United with the President to make
trraliea ISIS
objects to requiring the assent of the Congress of the Confedert-
tioD to the Constitution 1SS7
objects to an absolute prohibition to tax exports 13SB
views as to re;;ulRting trade between the States 14T7
thinks that full accounts of the eipenditares cannot be publisbed..l6Sl
signs the Constitution 1623
FLAGS
nghl of CongreM to grant them 133, 136, 315, 8U
FLEET
nay be raised by Cougn-si 740, 1238, 1360, I6S0. 1611
FLORIDA
secret article in Irealy with British about. . ^1, 3S7. 369, WO. 40S, 400
bcundnry of. tM
FORCE
of, Rgitinst the Stales 732, 761, 822, 866, 881, 914, 916, 1180
FOEEIGN— See Dmt.
I, very tardy 55, 217
a, DepaHment of. 212, 432, 452, 495. 493, 538, B42. G4G, 67^
G97. 13S0, 136T, ISM
ion to be guanled appinat. . . .729, 730, 1139, 1233, 1241, 1466.
1359, 1612
INDEX. CXli
FOREIGN— Continued.
debt under tliG Cdnfederation 729
commerce to be regul&ted by Congress 789,863, 1232, 1343, 1362,
1460, 1549, IS93, 1611
iofluence to be guarded against 900
alliance by the small SlatL-s ttireatened 1014
coin to be regulated by Congreu 1843,1549, 16ri
FOREIGNERS
Buili of, under jurisdiction of judiciary 733, 1E38
their partizana in republics SSS
• views ai to their residence befoie admission to seats in Congresa. .1258,
1273, 1299
presents from, not to be accepted 1408, 1G51, 1618
FORFEITURES
lo be adjudged by Stale Courts 864
not to extend beyoud the life of persons att&inted 1233, 137T,
15ST, 1619
FORGERY 569, 740, 1232, 1347, 1433
FOETIPICATIONS
nay be erectad by CongreM 740, 1354, 1550, 1612
jurisdiction in, to be exercised by Congrosa 740, 1494, 1496,
1590. 1612
FOX 169, 179, 544, 1 194
FRANCE
agent sent there 18
doubtn expressed of her favorable dispotitioa in 1776 .....II
these doubts controverted .15
Col. Laurens sent lo solicit aid 72
Mores and supplies received from 69
expresses fean, lest British should seek to excita distrust be-
tween the allies 92
communicates to Congress result of mediation of RumU and
Austria 121
announces birlh or Dauphin 129
makes new loan to United Slates, of six millioo* 130
rejects British orertures for separate treaty 131
extent of her tonlrol over commissionera to iK^ost peace 199, 160,
240, 4H
Congress applies lo ber for rurlher loans 171, 3IT
sends out two frigates, with money and stores 173
remits interest due, and makes other favorable amogementi 174
distrust of, by Mr, Jay 2S6, S81. 918
Congress proposes to draw more bills on her, in advance. .251, 266, 299
bar loans, in some instances, directly appropriated (o use of the
army 3TS
condoct during negotiations for peaoe SSI, 890, 409, 408, 41!
rtwii UDEZ.
FBANCB— CoatiniMd.
uka MUUuhmant of raveniw. to proridA Git debts 419
loaiw lb nUlioiw mora 414,449
■jnonntor debt to, in 1783 4M9
proceeding! rel&tive to Spain and the MiaiiMippl ..8B4,8M
law* of, in legaid to foreign muriaget,.,:.. ....6M
Tiem in regard to tobacco tnde 6VT
, Mud Cotutt de Moiuliet, osMinJeter MB
complaint of riolatioD of the tnal; Til
TBASKINO
ordiDance relatire to, under Confedenlian Itt
not aUoved to foreign mioiaten 661
FBANELIN, BENJAMIN
appointed on committee to dnu^t Declantfam of Independence.. . .M
cmitendi that *otei in Congceu should be ptefMrtlnied to num-
ber of inbabituti IB
eeneoted by Dr. Lee and Mr. Iiard W
infbnni Congmaof new loan, from France UO
informa Congreaa of Biitiah intrigaei to create diitrut 1111014
tbealliee 1SI,1M
•greet to excban^of prieooert IM
■uthoriied to negotiate commercial treatj with Sweden ......ISO
■nenta to exchange of Comwallii for Col. H. Laurent, with u*
•ent of Congress ..301, 4A
negociationa with British 38S, 491. 491
hie reports, u to confiecatioDt by 8t»tet and Britith debts 194
bit conduct lowaidt France, during o^otiationa fee treatj, dit-
cntaed. S81, 1190, 40S, 409, 419, SIS
lue qiplicationa to France forkiani 4IS
tends preliminariei of peace 4ST, 917, CM
wiahea to reaign. ............SIT
eridencti of hit Tlgor of intellect. BI7, SIl
choaen a delegate to the FeHenJ Convention from Pennaylra
/
YBANKLIN, BEN/^BflN— Contiiiiied.
fean the increaie of Execative pow«r • 7S9
objects to power of ippointment in the President 789
propoees tfait the President may suspend laws for a limited time.. .790
Improves of an Ezecatiye Council 16S8
prefers a Legislature of one House 7tt
endeavors to allay the excitement, about the representation of the
States 984
remarks on the plan of compromise between the large and small
Stales 1009, 1025,1040,1044,1271
proposes thai votes on money-bills shall be in proportion to con-
tribution 1010
aU matters relating to money should be made puUic 1044
objects to the limitation on the power of Congress to increase
the compensation of the judges 1185
opposes a property qualification for Representatives 125'!, 1284
opposes the term of citizenship, for members of Congress, being
extended too (ar 1275,1273
recommends strict provisions, as to the evidence in cases of
treason 1874
advocates proportional representation in Congress 888
in favor of fixing the compensation of the Representatives 849
against allovring a compensation to Senators 989
remarks on the appointment of the judges 798
thinki the final ratification of the Constitution should be referred
to a second Convention 1 548
proposes to confer on Congress a power to cut canals 1578
remarks on the Constitution as finally reported 1596, 1802
signs the Constitution 1828
closing observations on the adjournment of the Convention. 1884
FRANKUN, T£MPLE
proposed as Seeretary of the Convention 728
FRANKLIN
State of that name 1185.1458
FRAZ£R» PER8IF0R
seizea goods under passport .^ 878
FREEDOM
of speeeh in Congress T88» 1280, 1288, 1885, 1498, 1547, 1809
fiomamit 788,1280,1285,1885,1498,1547,1809
FREEHOLD
quafifleation fi» eleeton of Representatives propoeed 1249
FREEMEN
proportion o( to alaves in fixing contribntions of Statei.,898» 881,422,
428, 480, 481, 507, 5Mk 5tt
lepresentatioii in proportleii. . . .750, 859, 1052, 1057, 1088, 1106, 1228,
1288, 1261, 1288, 1544
FRIE8LAND 181,
criir * WDBZ.
FDGITIVE
criminabtolwdsliTeiedupiiiUwwTerDlSI&tei 710, lUO, 144T,
lua.ieso
dtTMlolwdcUrtredup 1447, 14SS, 16CB, UBB, lOO
FUNDS— S«e Rbtinvb.
FUITDING
pKpotkl torund thedcbtdne to tbatrinf 1S9
proponl loruDd tbaupeuwiof Stilc* 862, 419, 023
FURLOUGHS
gniDted to the Mnj 44S, 4U, 4», IU7
GALLOWAY, MB StS
GALVEZ, DON
picture of pNMnted .490
GARDNER, JOSEPH
•eliel goods uoder puiport... ZTS
GABDOQUI, MR.
iuteiriewi wuliugotutioM wiUi, rcUtlve toUieTiewiof 8p*lR...590,
099, 604, 6M, SI3, Sn, 424, «t9, B36, Ml
GATES, GENERAL
ncommeiuli Colonel Morgu** profflotion ..............54
Bubjacted to ■ Court of Inquiiy.. M
GEINERAL POWERS
of CongTMi.... 741,909,892, 1221,1232, 1B39, IBO*, 1S60, U70, 139B,
IftW, ISIl
GENERAL WELFARE
to be provided for bf tbe Conatitution.TSI, T47, 1480, 1049, 1076, 1611
GEORGE in.
dsum to prolong the mr ...IIT
•peedi, December B,1TB2 •M,C04,W7
GEORGIA
voteifor indepeodeoee 17
it nilling, on certua cooditiont, to yield to th« elumaof Spftin,.6t,71
oppose! lbs kdmiuioD of Vermont ..ItS
nrDKx. czIt
GERMAN DIET .8Sa> 897, 951, 961, 1080
GEBMAirrOWN
proposed •• the pennanent teat of CoDgren • 4M9
OERVAI8, JOHN L.
repreeenti Sooth Cerolinft in Congreif • 187
adrocatee publication of negotiations relatiye to confiscations and
British debts 164
his views on Taloation of lands 880
objects to apportionment of Georgia 488
GERRY, BLBRIDGE
delegate to Federal Convention from Massachusetts 821
attends the Federal Convention 727
objects to an excess of democracy 798, 798^1
wgei an haimoaions coarse in the Convention 995, 1028, 1088,
1042, 1099
his plan fi>r a compromise between the large and small States. . . .1024,
1025,1096
opposes the notion of dividing and equalizing the States 1087
<^»poses the election of tiie President by the Legislature. . . ..771, 1146,
1191, 1196
prefitfs a single Executive 782
opposes the onion of Judiciaiy with the President in negativing
theUws 788,811,1188,1189
proposes a negative by the President, but the Legislature to re-
pass the law...; 788,784
opposes a power in the President to suspend laws for a limited
time .790
suggests fifteen years for the Executive term 1191
contends tiiat the President shall not be re-eligible if chosen by
the National Legislature 1188,1190
contends that the President shall not be re-eligible within a cer-
tain term if choeen by the National Legislature 1208
views as to an election of the President 769, 826, 1148, 1149, 1190,
U98, 1206, 1497, 1501, 1508, 1515, 1516
Tiews, as to an Executive Council 768, 1858
preftis a vote of two-thirds, rather than three-fouths, to re-enact
laws retnined by the President 1 588
objects to the power of the President to adjourn Congress 1296
■niprised at the suggestion of empowering the President to de-
clare war 1852
lb fiivor of a provision for impeaching the Piesident 1156
opposes the eligibilily of members of Congress to ofilce 942, 946,
1819, 1488
deeires that persons having unsettled accounts should be dis-
qualified as members of Congress 1213
desires that pensioners should be disqualified as members of
Congress 1217
111*
edvl tHDBZ.
GSRET, ELBSmOG— CoDtlnn«I.
otijectB to bicigaen being mcmben of CangnM.^ UW
tbJBki that diKct tuntion ihould tM RCoUted by nptcwntilioiw
before u wall u »Aer ■ ccniiu lOBT. lOM, 1ST7, UM
tUnka the new Statu ibould be reetaictod, u to tbeii npra-
ttiinliM ihn Tntu in the Bentte ahould be ptr ctpita. IIM
propose! to aatlwriae Congicn to citkUiab poetiaadl- U4S
think* Congreii ibould be piohibited from pMnns Imo ta Iu>
ptir eontricta .........101
pmpoeee certiiD limitttiooi, u toe qnommin CongreM UBt
dniiM tn aBumsndion of tbepowenofCongitii UM8
deniee the number of the Hdbm of BepreeenbtiTei to be Urge- .1061
object* to ui equRlitj, in tbe propottion of repHaeslmtioa, be-
tween freemen and ilavei : .lOfT
wiahei ■ ipsciil proriiion for jniy trill 1H9, 1B89
wuhei a bill of right* interted in the CoDttilntion IMS
wiihei the pro*ition tgiiait tx poet fteto Uwi to embnee dfil
CMC* Ifflf
ptopoie* 1 prohibition on Congren, in legird to atteindeit and
ez poit lacto lawi ..IBM
in farerof in annual publication of ths public accconta USD
oppoeei tbe election of the Reprrsentativei bj the peofde 7S4, Wl
tliiDki appointmenbi ibould be itrictlj eonfiaed to eSee* pift-
Tioualr created by the CoDsUtution, or b; law IS28, ISSl
viewa, to the mode of rectifjing tbe ConititntMni TM, UTS, 15M,
ini
Tiewi, a* to treaties UBS, I9SX IBU. lUT
thinki Coogreti iboiild proride for the pnblie leeurttiei and aa-
gagementi of tbe Confedenbon 1395, lUB, ITTS, 1401, 14SS
wiihei a proper proriiion, in regtudto itan(lingaiiue*_....ltB9, 1496
oppOM* tbe power of Congreo OT«r the militia.. ISO, 140, 140S, 140T
thinks aumpluary lows unnecesiary IITO
iin>BX. ^ advii
GERRT, ELBRIDGE— Continued.
Tiewi in ref;trd to the •eth to support the Cbostitation 84S, 1176
wishes the Representstives elected annually.. . .» • •« .847, MB
uiges origination of money-hills by the House of Represents
tives .855»IS09
wishes the journal of the Senate published, except as to parts
requiring secrecy 1281, 1298
disapproves of the aristocratic character of the Senate 1820
wishes duties on exports prohibited • 1841, 1886
objects to the seat of government being at any State capital 1219
is in favor of adequate salaries 764
objects to the interference of the General Government in State
insurrections ffeo
in iavor of » senatorial term, of four or tve years T 968
advocates ineligibDity of Senators to National offices, fi>r one
year after their term .978, 1820
prefers the appointment of the judges by the Senate • • . . 1174
iearstheinflueneeof the •< Society of Cincinnati" 1206
reasons for declining to sign the Constitution 1696, 1602
course in the Convention of Massachusetts for ratifying the Con-
stitution 667
criticism on his objections to Federal Constitntion 667
GIBRALTAR 181,184,267,488,498
OILMAN, JOHN T.
represents New Hampshire in Congress 187
proposes valuation of lands be made by Commissioners appointed
by States 881
proposes that half-pay shall be paid by separate States • • • . •866
remarks on conduct of American Commissioners at Paris.. . . • 406
GILLMAN, NICHOLAS
attends the Federal Convention • 1176
GOLD
a legal tender 744, 1288, 1662^ 16U
GORHAM, NATHANIEL
advocates rule of ^ipointment of taxation according to articles of
Confederation • 261
resists resignation of ICr.R. Morris • • •••.274
remarks on repeal of impost by Virginia 186, 816
views as to modes of taxation • 8O4
advocates limitation of impost 888
proposes military (brae to retake goods seiied whiU under pass-
port 886
opposes discrimination among public creditors ...• .886
opposes discrimination betvreen original and subsequent holders
of certificates 848,867
oooslders impost the only practicable tax 860
remarks on conduct of American Commissioners at Paris 406
odnii niDEX.
OOAHAH, NATHANIEL— Continued.
4dvoc&tei inclaJing eipenwi incarred bf SUtM in gcntnl pn-
Tuion for public debt.^ 420
ftdvocBtei a[^rtioament hj numbcrt 421
oplKioschaiacterof pnipoied Conventioo of EMtern Statei 429
contends for drawback on nil fiah 4S7
propoKi disbanding the army 4H
remirkt on cusion of public landi 4W
rcmu'lu on the Department of Finmce 4C1
Tiewa ai to Spain and the Hiasiisippi COS
delegate to the Federal Convention from MawacIiDiett* C21
tttends the Federal Convention TH
witbei Reprelentativei to be paid out of the National Treaioiy, , . .933
viewa ai to the ineligibilitj of membera of Congren tooSce.BIT, 1469
deiirM % compromiie ai to ilie proportion of rcpreteDtttion be-
tween the large and (mall States MS
■oggeiti four years for the senatorial tern BM
points out the danger to all tlie States if a ConitituiioD if not
fonned SB8
tiiinlcB the States should be divided and equalized 10M
thinks representation ahonld be changed by a periodica) centDl lOBS
urfea that the rule of representntion be fixed in the Cnnstitution, and
the proportion ofthree-filUis for the slaves adhered lo. 1067, mi, 1077
■uggests the appointment of the judges by the President with Um
sidvice of the Senate; 1 1M
^proves of the eatabljsbment of inferior national conrt* in the
States 11S7
thinks the States should be protected igaintt domestic violence.... 1140
olqects to the judges fonoingapart of aeouiicilortcvidoii..ll02, 1170
^iproves of oath to support the Coostitution 1170
views H to the ratification of Ihe Constitution 1179, IIM, I5B7
thinks there should he two Senators from each Stale 1186
nslilulional t>
INDBT. CxliX
GORHAM» NATHANIEL-CoDtiiuied.
hifl views •• to the sentiments of the Eastern States relative to
the Union - 1396
objects to the provision requiring treaties to be ratified by law. ..1418,
1414
doabts whether controversies between the States should be left to
the Judiciaiy 1416
his views on the importation of slaves 1427, 1429
views as to the regulations of trade between the States 1431, 1477
prefers the emission of bills of credit by the States being sub-
mitte<l to Congress 1442
objects to requiring two-thirds to pass a navigation law 1416
tiiinks the Constitution should be ratified by State Conventions. ...1472
views on the mode of electing a Vice President 1488
views on tiie mode of making treaties 1621, 1526
doubts the propriety of allowing States to lay inspection duties. . . 1567
prefers the appointment of the Treasurer by Congress 1675
moves to lessen the ratio of representation from forty to thirty
thousand 1699
signs the Constitution 1623
GOVERNMENT— -See System of OovERNMEifT.
to consist of legislative, executive, and judicial powers.. .736, 747, 868,
963, 1220, 1226, 1243
. seat of. 740, 1218, 1219, 1295, 1650, 1612
to be organized when ratified by a certain number of States. .746, 1242,
1560, 1622
distribution of powers under it 748, 856, 1^, 1226
republican form to be guaranteed. .789,794, 861, 913, 1139, 1241, 1467,
1668, 1621
ought to preserve a certain agency of the States. 817, 820, 832,867, 870,
914, 964, 958, 974, 967
tiie States should not have too great an agency. .817, 880, 882, 896, 99
of the territories to be provided for 1363, 1658, 1620
GOVERNOR
of States to be appointed by the General Government 892, 1411
GRASSE, ADMIRAL DE 96
GRAY, GENERAL 680
GRAYSON, COLONEL 68, 71, 660, 697
advocates the admission of a British Consul 008 »
proceedings relative to Spain and the Mississippi 626
speaks of a plan for Federal Convention 709
GREECE 806,961,981,1060
GRSENE, GENERAL
Congress express complimentiiy opinion of. 263, 266
proceedings relative to horses recaptured in South Carolina 490
GRENVILLE. MR.
sent by the British to Paris to treat for peace 157
OBENVILLE, HR.— Continaed.
..in
..179
QBIFFW, CYHtrs
Judge U tha trul betmen CoonKticnt and P«&Dijrlnnia. 4Tt
Dude Fnddcat of Congreu MS
GUABAMTT
of inteciMl tnuquilUtr '^ tba SItUt Deeded doling the Coo-
fedentioB 71t
of Bcpablieui GoTcmmaat to the SMee. .134, 7M, B«^86I. 91), 11»
lUI, 146T, ItW, 1621
«( their temtcty to the Statet'. .1S4, T94, &tf, BSl
inngud to the emuicipttion of ilitM. IIST
InngudtodutioBODnporli 1187, US>, lUl, 16U
iangud to tliemiifntionoruaportktioaof ■Ui'et....l2M, 1661, UlS
HABEAS CORPUS
■lupeuion of. T41, IM6, 1441, IHI, UlS
HALF FAT
■iked by the imj Ut
feport ia Ikvot of STB, BO
.>ao, 168, MB, 177,409, MS
HMnchoMtli q>poM« it 607, B«^ 668, 6M
praceediuga of State* in regard to 670
HAMILTON, ALEXANDER
a delegate in CongceN ftoo New York 48S
•dTocatai exchange of CoTDwallii for Colonel H. LMvau SM
■dTocalet • credit to the States redeeming paper mon^ beyond
tbeirqaotaa MO, MS
advocatei eaerei*e meaearet toward) Vermont
UIDE3L Cli
HAMILTON, ALEXANDEIU-Contiiiiied.
opposes UM of milituy ibrco to take goods seiied while ondtr
ptsspoit • .885
adTOcstes debates of Congress being public 841
opposes limitation on doration of impost • . ..842, 847, 880
opposes appropriation of impost to pay the anny first 848
wishes other taxes than impost 850
mentions determination of army to have their pay provided for. . • .850
his remarks on General Washington • •861
proposes promotion of Major fiuinet 860
proposes abatement of proportion of certain States 861, 870
vindicates Robert Morris .871
remarks on the conduct of the American Commissioners at Paris.894, 411
dinppioves proposed convention of Eastern States .429, 707
intimates a wish ibr a General Convention to propose plan of
Federal Constitution .427
▼lews on proportion of freemen and slaves in fixing contributions ^
of the States 480
on committee to organize peace establishment 481
views on ratification of provisional articles .448, 444
draws address of Congress to Rhode Island. 6, 448
urges fulfilment of proviiional article about tones • • . ..451
proposal of stipulation against naval force on the lakes 454
in &vor of disbanding army 456
remarks on cession of public lands 459
confers with IVesident of Pennsylvania on mutinous eonduct of
troops. • ..••.•.... .•..■..•....•....••••••.462
views in regard to Spain and the Mississippi JB>JS
a delegate to the Convention at AnnapoUs 696
draughts address of Convention at Annapolis. .. • 696
a delegate to the Federal Convention from New York •• . . .621
attends the Federal Convention 721
proposes William Jackson as Secretary of the Convention 728
appointed on committee to prepare rules for Convention 728
hhi views of a general system of government 678
objeeti to a Government merely Federal 679
objects to Government being vested in a Congress 884
to substitute a General Government and extinguish that of tbo
States vrould be a great economy 685
douMs the advantage of the vast apparatus of the States J8S5, 906,
921,926
Us opinion of the British Government .8S6, 981, 988, 966
does not think that the sepatition firom Gnat Britain threw the
colonies into a State of nature 907
•fbcts of a unkm on tiie large and small States 908
does not think favorably of Republican Government 966
miUILTON.' ALEXAHDER— ConllniMd:
htpluafkCeiMtltation 890
eUututimfluof t CoMtitutioa to Uf. AUdixnt m Out which
hcdMl^to^Er \«l. i, (AfpiUix Wo. ») rri
fall Tcmkrin wbdi tnhimttlag hli pbo ahowo to hia \>j Ur.
UadiMB. T18,Sn
•dfocttea Ml •biolnte nepliTe ^ tte Eiccutive oa Um Kt* of th«
' aeExMvHvatbonldbeforUfe SS8. Tol,», (4|iywrfi'T Ko. B) ni
diMdTWitaje* of t temporal^ Setnts 887
tion .790
itoocatei SUM right of mnagtt in both braBchei of CongiMi. .. ._Hi
aldMti to the daefion of RepmcnOtivM b; tb« Sttto L«gtil«>
tg<M JM
pnf^ triennUl clectioDt of the Repreif ntaUvci 990
^poaettbe pajnent of the RepmeDtatirei br the St»te*....m, 9S9
biiTiewi on ipp^nting the RepmcntatiFes to office .,..9S, 919
objects to the eatire ezdanon of Ibreipicn (nun Congnai. ... 1299
nrgei m redactioo of the ndio of repteiCDtitioa in the Uodm Ifitl
Tiewi on ttie mode of •mmiding the Cgotlitutloii lUI, ISM
,T)ewi DO the modeofiatifjingtbe tlooititotioi) 1596, 1599
pnten a Tote of three-faiiTlhi to re-enact lam letnnied bf the
PreiideDt —ISO
oppoaea the eqiiil power of Ihe Stita in the GoimiineDt 999
news on (be geaenl chuacter of the Conttitatioa 1507
cooiidefi the decieion of the Coanntion m Mttlii^ the btc of >
RepnbUuD Gorcmment 96C
ilidikM the pUn of the ConititiUioa, bat will «»q>part it if
Mtopted 1507,1001
«iihe«a«OautitntiontDbeiigoadbTaUlbadel«s>tM. ICOl
iimcz.- cliii
HARRISON, BENJAMIN
propofes to count two ilaTOf u one freemin in fiziBg tezatioB 10
hit opinion of Nathan's afikir • ftM
HARTFORD
Convention propoeed there 429, 7ff
HARTLEY, DAVID v 645
HAWKINS, BENJAMIN 608
HAZEN, GENERAL 4U
HAZARD, EBENEZER 487
HEADS OF DEPARTMENTS
to be appointed by the Preeident • 9&1
to constitute a council ISfff, 1896
President to call for their opinions . . . .811, 1S59, 1869, 1899, 1486, 188^
U8S|lil7
HEATH, GENERAL 686
HBMP 454
HEMSLEY, WILLIAM
lepfesents Maryland in Congress 167
HENRY, PATRICK
views relative to Spain and the Mississippi 688
course in regard to a compliance with the British treaty 688
course in regard to the Federal Convention 628, 6t7B 648
opinions on the Federal Constitution 602, 657, 662, 664
HIGGINSON, STEPHEN
lemariu on a system of general revenue 408, 420
remarks on the conduct of the American ministers at Paris 406
advocates including the expenses incurred by the States in a
general provision for the public debt .420
remarks on the proportion of fireemen to slaves in fixing the con-
tributions of States 408
remarks on a proposed Convention of the Eastern States 489
HILL, MR 817,219
HOLKAR 180
HOLLAND— See Dutch.
HOLTEN, SAMUEL
opposes the system of permanent revenue 857
declares his conviction of the necessity of a permanent revenue. . • .867
remarks on the conduct of the American Commissioners at Paris.. .406
remarks on the proportion of freemen to slaves in fixing the con-
tributions of States 408
HOOD, ADMIRAL 96
HOPKINS, STEPHEN
contends for an equal vote of the States in Congress ^ .88
HORSES
recaptured in South Carolina 490
HOBnLITIES
suspension of, proposed by Congress 427
112
clir iNDSx.
HOSTILmES— ContiDued.
rsfuulof Ctrtiton, to tiupend tXT
Carietoii pnpOMt tomupeod 181
■lupcniioa of. , .JS4, STfi
HOUSE— Sm Simate, RxrBiiMTATivu.
CoDgrew t»b« composed of two.TSl, 736, 8SB,S90, ISIO, 1326, 1S44, IIOB
HOUSE OF DELEGATES
of Yirgiiiia. , •>.... ...6M
HOUSTOUN, WILLIAM
Attends the Fedeni Conrention 741
doubts the pioprietj of ■ guanint;, u to the Stite CMuUtatioB*.. .1IS9
HOUSTON, WILLIAM C.
■ttcndi the Federal Convention Til
moves a leconsideration of the reaolution, for ehoosiog the Pl«ti-
de&t b; electors appoiated b; the State Legislaturei UM
HOWE, LORD 16S, 189, S«7
HOWE, GENERAL
•e&t I17 Geaeial WaihingtoD to Philadalphia, on mutiny than U4,
US, 607
HOWEIX, DAVID
KpreKQta Rhode Island InCoogreM ItT
adrocales the report on the diSeiencei between New Tork and
Tennont US
npoTta against the proposnl of Pennajlvania to proride lor the
public ereditora within the Stale 1B9
proposes a setUcnient with tbe troop* tenponrilr raiaed hy the
States 201
opposes miiitai; proceedings against Veitnoot .210,214
hii letter relative to tbe proceeding* of Coogn** pnUi«bed,
and the discussions theieon a2>, 290, 231, 232, 203, 426
pens tbe objections of Rhode Island to Ibe impoet 281
reffiarks on the conduct of Virginia SU
INDBX. cIt
IMPAIRING
of private contneti by tiie Strntei 1448, 1668, 168U 1616
IMPEACHMENT
power of, to belong to House of Representathrei 787, 1828, 1546,
1006
trial of, by National Judiciary.. . .784, 856, 892, 1188, 1137, 1288, 1488
under jurisdiction of the Supreme Couit. 748, 1288
not to be tried by jury 1289, 1441
trial of, by the Senate 1485, 1528, 1581, 1641, 1646, 1607
of the President 748, 779, 860, 872, U27, 1148, 1161, 1168, 1193,
1204, 1224, 1287, 1434, 1487, 1628
of the Supreme Judges 1869, 1399
of the Heads of Departments 1869
judgment on it 1289, 1680
extent of the judgment under it ^ 1239, 1646, 1607
pardon not to extend to 1433, 1555, 1617
no pardoa in, by the President 748, 1287, 1655, 1617
conyiction under it 1239, 1486, 1628, 1630, 1531, 1546, 1607
its inefficacy against the President 767, 1134
IMPORTATION
of slaves 1284, 1261, 1416, 1427, 1536, 1551, 1618
IMPOST— See Revenue.
adopted by the Congress of Confederation 94
Virginia repeals her law, granting it Ill, 288, 285, 498
necessity of granting it by the States 146, 297
refused by Rhode Island 171, 217, 224, 476, 431, 489, 493, 640
Congress urges its necessity 199, 219, 488
advantage, as a mode of taxation 806, 333, 850, 501
how collections under it should be credited 80S, 810, 614
mode of ascertaining and collecting 888, 835
proposal to appropriate it to the army first.: 839
proposal for specific duties 340, 378, 886, 614
proposals as to its duration 833, 842, 346, 847, 880
report upon • 672, 614
Massachusetts accedes to it reluctantly 408
proposal to submit it separately to the States 408
proceedings about, in Massachusetts and South Carolina 681
not attainable under the Confederation 780
to be laid, and collected by Congress 739, 863, 1282, 1339, 1486,
1649, 1611
not to be laid by the States, without the assent of Congress 744,
1239, 1445, 1662, 1664, 1614
IMPRESSMENT
supplies raised by 67
disapproved of 99
INCORPORATION
power of Congress in regard to 1354, 1676
VM ISDSX.
IKCBEASE
of tlwp^of tlwBraaident not tobcmftdedmiiif bii tann...fSI»Ht,
11S7, U64, 111*
of pajof tbe JndgM not to ba mid* during their tsnii...7SS,T4l,THt
B60, 1138, I4U, 15H, IfU
INDEPENDENCE—Sea DztLAUTioit.
Britilh refuM to ■cluxnrledgti it .........Ill
DnUIiracofiilis it Ut
Sritiih uithoiiM Mr. 6miTill« tOTMOgniie it. IIT
coDVBiMtion, (boat it* recognition ioPuliainent IM
Mr. OtcDTlllt hetitttM to teeogniM it 179
comminion to Onrtld, Tecognizing it 2SS, 491
eS!tet of it on the lepartte BOTereignlj of the Sl&tei 908, lOM
of the EzecntlTe. .764, 766, 767, 177, T87, 811, 1116, 1143, ll»7, 1191,
14», 1490, 149S, ISOe
of the Deputmenta. u ragarde eich other. . .756, 787, SIO, 1119, 11S7,
1162, 1191, 1S84, 1480, 1S04, 1511, ISIT
of theScDite. Bit
of the Judieiuj 1169,1994
INDIANA LAND'bOMPANT
pnii their clumi 94, 197
committee of CongreM tllow tbem 107
INDIANS
not enumerated under Confedentiaii M
inltigited by Britilh egenti 47
OwgreM refuM to uinul tbeir Mlei of pablie Itndf befbn ces-
sion SI; H, 99,197
papen, relatiTe to them, WDt by Hr. Jeffenon to Congnai 119
•Sect of trettiee between them and NewYoric» IM
CtrletOD promiiet to raetiaia tbem IBl
interference with, bj Georgia 719
UTOKX. clfii
INELIMBILITT— CoBtinaed.
of Eieentiyt a leeoiid time 7S8, 742, 762, 766, 779, 860, 1124»
1126, 1160, 1141, 1189, 1196, 1202, 1206, 1209, 1228, 1286, 1417,
1480, 1491, 1496, 1607
of eleeton of Praddent 1160, 1666
of EzecQtire officers to other pUcet 1866
INFERIOB COURTS
teim, salaiy, and qualifications of their Judges.. .788, 1288, 1656, 1618
their jurisdiction in the first instance. . .784, 744» 866, 860, 1224, 1288,
I486, 1666, 1618
maj be constituted by Congress 788, 740, 748, 791, 799, 860, 892^
1186, 1224, 1282, 1288, 1847, 1649, 1611
objected to 792,
INFORMATION
of the President to Congress 742,
IN6ER80LL, JARED
attends the Federal Convention : 728
remarks on the mode of signing the Constitution 1604
signs the Constitution • 1628
INHABITANTS
discussed as rule of contribution under the Confederation. JK, 260, 881,
422, 428, 480, 481
proposed as rule of voting Jl
to be reported by States to Congress, to Ibrm basis of taxation. 826, 876,
422, 607, 614, 628
number o^ should form rule of representation in the Legislature. . .781,
787, 741, 760, 779, 886, 869, 1088, 1067, 1108, 1228, 1288
to be aseeitidned by Congress from time to time. .741, 1086, 1062, 1064,
1078, 1080, 1087, 1108, 1228, 1228, 1288, 1644, 1606
number of five and tiiree-fiflhs of slaves to form ratio of repre-
sentation .842,1062, 1106,1228, 1228, 1288, 1644, 1606
nunber reqidred for a Representative 1024» 1088, 1062, 1228, 1644,
1669,1606
slaves to be included in the apportionment of representation . 1062, 1066,
1066, 1108, 1228. 1228, 1288, 1644, 1606
Fkesident to be, of the United States 1898, 1487, 1516, 1554, 1616
memberof Congress to be, of his State.... 901, I2n, 1267, 1279, 1644,
1646,1607
INQUISITION
abolished in Sidly 164
INSTALMENTS
laws of States relative to, during the Confederation .712
INSTITUTIONS
power of Congress in regard to sdentifie 1866
INSURRECTION
in Massaehttsetts 681,696,615,617,620,625,710,728
Gorsmment should guarantee States sgainrt .688, 718
dnii iHDSz.
IN^RHECTION— Contumed.
CoDgiui may nbdua. . ...740, T4S, 1139, 11S2. 1239, UU, 1M9, IMT,
IMI, ISSO, 161Z
to be guiided igiinat b; Ibe Conititution. . J99, 11S9, 1241, 1SS9, 1621
IKTBRCEPTBD
letUr of Mubtus SU,U1
INTEREST
on the public debt ta be provided for DM, 4)4, 498, IS98
uoount of, in 1783 30S
on debts to Britiih citiiens M», 621
INTERFERENCE
oT CongnM with the pcriice of the Statee Ills, 1398
INTEODPCTION
to the correspondence and debates during the Confederation J
INVASION
to be BUarded igainat. . . .728, 730, II3S, 1238, 1211, 1409, 1466, 1650,
ISfiS, 1613, 1621
habeas corpus may be sospeoded during .741, 1441, 1551, UU
States may defend tbeoiselves against ..T44
IRELAND 148
faTOrtbly treated by British 154
IRISH, CAPTAIN 106
IRON .' .454
IRWIN, GENERAL 4»
IZARD, RALPH
ceniDTes Dr. Franklin 68
dinpprovel of tbe coune of the Lees 141
represents South Canilin* in Congress 167
•dToeates a reduction of salaries of the ministen JM
against disbanding aimjr 455
TCDiariu on the condact of the Exeeutire of Pennsylnnia, rela-
INDEX. CliX
JAT, JOHN— Continued.
nporti on the operation of treaties on the States of the Confeder-
ation 696,616,685
negotiationt with Gardoqui as Secretary of Foreign Affairs. ..006, 609,
622, 628, 627, 686, 641, 678
reports on infractions of the British treaty hy the States ;616, 622,
628,689
reports on the Dutch treaty 626
approves of the Federal Constitution 669
forged letter in regard to 669
JEALOUSY
of the States towards each other 780
JEFFERSON, THOMAS
reports of the Debates on the Declaration of Independence 4
reports Declaration to Congress 16
Mr. Madison writes to him on public affairs 48, 45, 48, 84, 86, 102,
106, 114, 116, 110, 608, 604, 506, 627, 680, 544, 565, 660, 622, 660
recommends Colonel Morgan's promotion 54
letter to him on the defects of the Confederation 81
receires a report from delegates of Virginia in Congress, rela-
tire to the public lands 102
is attacked for his administration of the State government 106
vged by Mr. Madison to examine the land claims of Virginia. 108, 1 14,
119, 160
sends papers to Congress relative to the Cherokees 116
is hurt by the proceedings of the Legislature of Virginia 141
writes his notes on Virginia for Marbots 482, 496, 607
appointed minister to negotiate peace 196, 475, 486
spoken of as Secretary of Foreign Affairs 212, 460, 485, 560
his departure suspended by Congress .887, 495, 605, 508, 524
his opinion of Nathan's affair 554
proposal to send him to Madrid, relative to the Mississippi. 606, 609, 687
reappointed Minister to France 651
proposes to exchange the French for a Dutch loan 651
receives from Mr. Madison his plan of a National Government. . . ..714
his opinions on the Federal Constitution 671
JENIFEB, DANIEX. OF ST. THOMAS
attends the Federal Convention 770
proposes triennial elections of Representatives .847
in &vor of ineligibility of Representatives to office .944
desires a provision for regulating trade between the States 1478
signs the Constitution • 1628
JOHNSON, DR. WILLIAM 8.
attends the Federal Convention 770
does not wish the sovereignty of the States to be destroyed by the
Constitution. •..•• •••....•. .920, 908
Olx IHSSX.
TOHirSON, DB. ■WTLLIJM 3— CoHtiDiud.
mdvocitet ■ rtpcMeDUtion of tb« StitM in OM biueh, tDd Ite
people in ttHotlui. NT
Ihinkf popuUtuui the true rale of weelUi end of wpToeaUtioa,
and Uilt blicki m well as •rhilei ihoald be coniiderad in it IMI
tUnkillMn cube no traiKUiigkiiiit uiuuliTidiuIStfttB...U7X ItIV
Ihinki * prohibitioQ u to ittutiden ud ex poit ^to Um utiti>>
etwzj 1«1
abjeeU to the piovijioti for the ntifiMtion of tieitie* hj Um 1414
fliinki eoutroveitiei between tbe State* ilioiild ba laft to Ch* Jo*
diisiarj UM
conaidan the debts of the CouladanlioD eqoallr biiuliiv sndir
the Conatitatioa 14M
prapoMt thftt tha Judicit(7 ihaU embrace caiea ineqnitr »14M
dniiea to exclude Veimoat from the ptopoaed c«wlitioiii in !••
gaid to tbe adtniaaion of D0W Stalee 14SS
view* Ml tbe prorUlon lor gMog eflbcl to teptlalive tod jodlclat
piocac dings of the St«ta« 14M
algtia tba Conititntiofi IflSI
JOHNSTON, SAUUEL <
deputy from Conneeticat In the trial with Pennfflnnia Mt
JOKES, JOSEPH
Mr. Hadjaon write* to him on pablie aAira..51, Bl, 6S, 60, fll, SS, C^
«8,M,71,7«
Lit Ktolntioni Klati*e to the eeedoo of tbe pnblie landa partly
adoptad , Jt
ka kant tbe Virginia Legitlatar* £rom ill Itaalth Tt
eepy of a paper in bii bandwiitli^ rdati** to tiM dafteta of tba
Cooiedaration jn
bw pven nncb attention to Tirginialand cUnia JW
he latnma liom Virginia , UB
oppeoa* thepHwantof a iUp to tba Eiif of Fraaea IM
n of tbe conduct of Hr. H. Lanrena ITS
' I9DXX. cbti
JUDGES— CoDtinaed.
tlMir MliiiM 7SS, 743, 7M, MS, IMS, ISS4, 1288, 14S7, 1M6, iei8
the ineiMM or diminatioD of their aalaiy. .. .78S, 71M, MS, 1180, 1224, ^
1288,1487
to be q»pointed hf the Senate .... 742, 788, 880, 1 180, 1171, 1224, 1284,
1409, 1412
ought not to be appointed by the people • . • . , 755
to be appointed bf the Preaident 798, 886, 1178
to be appointed by the Preaident and Senate 891, 1181, 1171, 1488,
1620, 1666, 1617
not to hold any other office 868
piupeity qnalification of. 1218
to gire opiniona to the Preaident and Congreaa I886
impeachment of. 1889, 1888
JUBOMfiNT
extent of, in caaea of impeachment 1289, 1680, 1648, 1807
effect of thoae of one State in another 1448, 1479, 1480, 1667, 1620
JUDICIAL PROCEEDINGS
the Statea to give laitii to those of each other. . . .746, 1240, 1448, 1479.
1480, 1667, 1620
JUDICIARY
to fonn one of the aupreme powers of the Goyemment, • .788, 788, 747,
« 1220,1228,1248
to eonaiat of supreme and inferior tribunala . . .788, 791, 860, 1224, 1288,
1668, 1618
to be conatitated by the legiaUtore 788, 792, 880, 1224, 1282, 1288,
1847, 1660, 1811
to be appointed by the Preaident ..792, M6, lUl, 1178
to be appointed l^ the Senate.742, 798, 860, 1180, 1171, 1224, 1284, 1412
to be nominated by the Senate, anbject to the ^iproral of the
Pkeaident 1178
to be appointed by the Preaident and Senate 891, 1181, 1186, 1171,
1488, 1620, 1666, 1617
tmiiire of their offieea daring good behavior. . .788, 748, 880, 886, 1186,
1210, 1224, 1288, 1486, 1668, 1818
ttkeir compensation 788, 748, 794, 860, 866, 1186^ 1224, 1288, 1487,
1668, 1818
the inereaae or diokinution of their compenaation. . .788, 794, 860, 866,
1186, 1224, 1288, 1487, 1668, 1618
the aupreme tribanal to hear caaea in the dernier reaort. .788, 891, 1288
Its jiiri8diction....784, 864, 866, Ml, 8M, 892, 1187, 1224, 1288, 1488,
1668, 1818
to embrace conrte of admiralty. 748, 1288, 1668, 1818
oaght to be limited to cases brooght by ^ipeal firom State conrte... .788
to poaaeas only appellate jarisdictton fh>m the State courte 884
toembrace conrte of equity. 743, 1486, 1668, 1618
112*
JUDICIART— Continued.
ta vzteud to coDtrareniei betweeo ths BUtM. . . .1416, 14S8, USe, 1S»
to CMMtitnte, witb the ExecDtive, * council of raTitioD ... .738, 783,TB1,
S09, 1161, 1»1
' objectioni to iti haviog a right to kvIm legulatiTe uta SIO
bow far it should poueu legiilaliTe functiong IMS
tha danger of allowing them to declare the tawi void 18S3, in4
inferfor tribonal* nui; be constituted by Congress... .TW, 74S, 799, 860,
1138, lEXi 1233, 1388, lUO, 1611
to bs bound by acts of Congrett and treaties 741, 1113, 1284, 14SV
ougbt not to be cbosen immediatelj bj the people .........7Sfi
ubjeetioDt to tbe National Judiciarj 783,738
protactionof it «g»iDttencraachineDt<rf' the other btancbea. 1161
pi^>ert7 qualification of 1319, 1383
tbat of the States to adjudge on oBenctt under the Conititulion. .M^
1136
JUNCTION
of two or more States to bs provided for. .734, 794, 843, S61, U40, 1464
JtmiSDICTION
of Judiciary 734, 854, B65, B6S, 892, 1137, 1224, 12SS, 1366, 1399,
1436, 1488, 1440, IMl, 1S66, 1618
of tlie Supnme Court 743, 1134, 1238, I6B6, 1818
tbat of the National Judiciary to be merely appellate Irom tha
State courts 864
of CongrcM ia aisenaii, dockysitis, and IbitiiicatioDs. .,740, 1494, 1496,
lUO, 1812
of Congress, at the seat of GoTemment 740, 1218, 1494, 1560, 1813
contrOTenies about, between the Stata* 743, 1334
ner eontrorersiM between the States.742, 1284, 1418, 14S8. UW, 1613
orercontiOTenleiiiittgard to tenitoi; and public lands.. ..1418, 1459,
of Um Stats courts to extend to ei
a under the Constitution.,
iiroKX. chdii
KINO, RnF'nS--CoDtmaed.
remtrks od the setdtment of public accounts 698
remarks on the negotiations with Spain 604, 007, 608, 610
discusses the vote of the States required to suspend the use of the
Mississippi 610
a delegate to the Federal Convention from Massachusetts 621
attends the Federal Convention • 721
objects to the yeas and nays 724
remarks on the nature of State sovereignty, under the Constitu-
H tion 905
wishes the State Grovemments preserved, but made subordi-
nate 1014
his great anxiety for nn harmonious adoption of a Constitution... .1010
views on the compromise between the large and small States 1501
views as to an election of President 1146, 1196, 1503, 1504
views as to re-eligibility and tenure of the President 1146, 1157
is opposed to the impeachment of the President by the Legisla-
turo 1156
objects to an Executive Council 1519
contends for a proportionate representation in the Senate.... .758, 1010,
1099
objects to contribution being the sole rule of representation. • .750, 887
opposes the representation being fixed by the Constitution 1087
admits that slaves should be considered in apportioning repre-
sentation, as well as taxation 1056
thinks the question, as to representation, is more between the
Northern and Southern than the small and large States 1057
does not like numbers alone to be the rule of representation,
especially if the blacks are included 1076, 1084
opposes the rule of representation being absolutely fixed by the
Constitution 1064
thinks exports should be taxed, if slaves are represented 1262
opposes the exclusive right of the House in regard to moneys
bUls 856
objects to an election of Representatives by the State Legisla-
tures 927
objects to the payment of the Representatives by the States 988
views as to the ineli^bility of members of Congress 987, 940,
1482, 1494
objects to a landed qualification for members of Congress 1218
does not think annual meetings of Congress will be necessary. . . .1246
thinks Congress should have the right to alter the State regula-
tions, relative to members of Congress 1281
prefers allowing a quorum in Congress to be fixed by law 1288,
1289,1290
thinks the States should not tax exports without the assent of
Congress 1446
cbdr INDEX.
xno, BWTTS— Coiitiim«d.
ttdnki die SUtca ibMld not b* pnmitad IhuB Mieaiinging QmIi
BMDU&CtllTM IMT
object* to onion of Jadiciai; with the ExecutiTe in rarinng ft*
km 7W,811
&Ton tbe BrtaUiihiMnt of inferior national bibnnali. TM
ricm in i^tid to punithnwot of tnwan 1ST4, ISTS, 1S8T
propoaM t prohibition on the States, in regard to law* aSeetlDg
KBtrkB on tht piomion, in regard to the militia 14n, 14M
deairei ■ permanaat leat of gorenuneDt. IIH
reuarki OB tbt aMomptiou of the Btata debti UST, UK
object! to an ezemption of alkTei foim du^ ISW, MB
Ida renarki on alaT«(j Utl
pnfKMC* tlie aaaent of Uie Statei to pOTchuei of placet tharsin.,. MM
ttinka a power in Congreti to create eorpoialioM unnetiMaty... .IBT>
tIcwi on the mode of ratification of the ConititulioD Itn, IVSt,
U?0,Mn,M71
pnfen to (abmlt the Conatitntioo to tlie CcngreM of the Con-
lederatioD, but Dot to require their aasent to iL ISM, IMS
dgU'the ConititDtioD MSt
cotuM in the Convention of Uanaehiuetli, called to latiiy tlie
ConititDtion , MS
KNOWLTON, LUKE
charged with intiiguet with Dritiah abootTennont Mt,M>
hii arreit directed bj Congreaa ]OV,m
KWOX, GENERAL BU
XNTFHAUBBN, GENERAL
joined br Clinton <•
LABOR
AigltiTCi&im.tobedcUi'endnp 1M7, I4S6. 15U, UM, USe
LAFAYETTE
INDEX. dZT
LANDS, PUBLIC-^Dtmned.
raAiMf to adopt tboie proridin^ for the expeme of Gofemmenty
and annulling pmchaaes from Indians M, 58
the Statti may annex conditiona to tfaeir cetiions 6S, 54, <9
Connecticut cedes her lands, with conditions 60
Virginia niges Congress to decide on the cession made by her 91
her delegates complain of the conduct of the committee of Con-
gress 100
Congress hesitates to accept the cession of Virginia, with the
annexed conditions 101
committee report unfavorably to its acceptance 102
cession by New York approved of 102
general statement of the cessions of Connecticut, New York,
and Virginia 107
tiUe of Virginia should be thoroughly examined 119
acts of the British Crown in regard to them 119
the influence of the question, of ceding the public lands, on the
politics of the Confederation 122, 091
increased difficulties on the question 126
discussion on, adjourned by Congress 128, 180
proposal to derive a revenue from them.. . .169, 162, 166, 804, 862, 875
proceedings relative to the cession of New York 186, 469
proposal to adopt a system in regard to 485
proposal to give army certificates for 467
discussion, on the cession of them, renewed 446, 469, 468, 589, 548
572,674
Virginia issues warrants 570
Col. Mason's views in regard to cession of 679
surveys and sales of, by order of Congress 627, 688, 640, 651
jobbers on, in Illinois 688
sale of one hundred thousand acres to a New England company... .661
power of Congress in regard to, under the Constitution. . . .1858, 1868
1469,1464
LANGDON, JOHN
attends the Federal Convention 1175
thinks the ballot in Congress for the President should be joint. . . . 1419
thinks members of Congress should be paid out of the National
Treasury i 1826
objects to a constitutional provision, requiring a property qualifi-
cation for members of Congress 1217
objects to the seat of government being at any State capital. .... .1219
opposes the power in Congress, to emit bills of credit 1846
approves of the power vested in Congress, to subdue rebellions. . . 1860
does not distrust Congress on the subject of standing armies 1860
does not distrust Congress on the subject of the militia 1862; 1404
objeda to taxation being proportioned to representation befim a
census 1877,1881
clxri mosx.
LANODON JOHN— Continaed.
wiibeitha Stitei prohibited (nun tixing cxporii UBS, 1884
thinki Congrau Ehould tiwe tbe right to tax iUvm Itti, 1410
qiproresoT t DegativB !□ CongreM on State Inn 1411
Tiewt M to regulating commerce between tha ttttM 14T7, 1886
Tiewau to imposing condition) when ■dmitting new Btatc«.14ET,14n
BigDi tbe Conatitation 16n
LANSING, JOHN
attends tbe Fedeial Convention S91, 770
cpposM going Into a Committee of tbe Whole 861
object) to tbe piopositioni of Mr. Randolph m amended and
adopted 867
thinki the Convention limited to tbs amendment of the Con-
federation 8«8, 910
propoeea that the power of legislation be vested in the Congreas, . .909
opposes tbe negative of Congren on tbe State laws 911
proposes an eqnal vote of the States in the Home of Repreian-
tatires 977
wiabei Bome plan fbr compromite oo the question of repreaen-
tatioD 1021
LAWS— See Acts.
LAW OF NATIONS
not Bofficlentl; protected imdei the Confederation TM
Congress to legisEate on offences against 740, 1282, 1690, 1811
LAUEEN9, HENRY
his imprisonment 78
decline* the appointment as Hiniater Tot Peace 169
•ddieaaes Farliamenl 176,177
notifies bis intention to return 188, 478
discussion in Congress on the proposal ta excban^ faim for
Coniwallia 479
letter) relative to the definitive Ireatj and commercial amnge-
INDEX. clXTli
LEE, ARTHUR— Continued.
opposes a repeal of the impost 601
states his objections to a general system of taxation 290, 801, 855
saggests that a general revenue system should be framed by the
SUtea ....801
views on a system of permanent revenue 809, 812
communicates a letter, relative to an overture from Canada 821
remarks on the export of tobacco by authority of Congress 829
his views on a mode of valuation of lands 880
urges a limitation of the impost 888
proposes to take, by military force, goods seized while under
passport 335
proposes to appropriate the impost to pay the army first 848, 845
remarks on the original and subsequent holders of loan certifi-
cates 348,511
proposes measures against the refugees .860
opposes an abatement in the proportion of certain States 861
remarks on the conduct of the Commissioners at Paris 898, 406,
408,411
remarks on the proportion of freemen to slaves in fixing the con-
tributions of the States 424
calls for a report from the Superintendant of Finance 425
advocates a suspension of hostilities 427
proposes an indemnity to the officers of the army 449, 450
proposes a statue of General Washington 449
spoken of as Secretary of Foreign Affairs 546, 550
in favor of Annapolis as the seat of Congress , 578
LEE, RICHARD H.
advocates Declaration of Independence 12
his course not approved by Mr. Madison 141
chosen a delegate to the Federal Convention from Virginia 648
views in regard to the Federal Constitution 643, 650, 657, 659, 707
LEE, WILLIAM
sends proposal of Austria, for commercial treaty 841
LEGISLATURE — See CoiromEss ow th£ CoirsTiTUTxoif ; States.
LEVYING WAR
evidence of, in cases of treason 741, 1288, 1872, 1597, 1619
LIGHTHOUSES
States to levy duties to erect them 1665
LIMITATION
relative to the continuance of the revenue laws 1896
on the suspension of the writ of habeas corpus 1441, 1551, 1618
LINCOLN, GENERAL
visits the army, to allay discontents 188, 189
operations during the insurrection in Massachusetts 615, 620, 626
course in Convention of Massachusetts, to ratify Federal Consti-
tution
dzvib IHDBX*
UFFENCOT
tiuiof in
ptac«e(UDgi of court martial la
Congreu diMUU the matter 186,191,471
his puniihrneat demuided by CongtMt US, IM
LTVIKOSTON, ROBERT R.
opposes the Declaimtioa of Independence 10
on committee to Unught it II
hi* wish toreiign m Secretary of Fmeign AiTain 11S,4S7, 4U
agree* to continue IIS, ISl, 4BS
diiqiproves the eeeret article about Florida. 387
report on Carlcton'a refiual to auspend hoalilitiel 427, S2t
pwpiuea a proclamation on Qie ceiiation of hootilitiH 4ST, 4S>
inadequacy of hi) salary 21B, 45S, 4S7
prtparet a project, for a commercial treaty i*ith the Britiah ..BSl
resigns Ml.MS
LiyiNGSTON. WILLIAM
•ttenda the Federal ConTcutiou TH
reports provia ions relative to the public debt and milida 1S7B
l^wrts provisions relative to slaves, navigation, and capitation
taxes 14U
thialtt the public creditors should be put in the same stale under
&e Coostilulionu under the Conrederation 141t
LOANS
difficulty of obtaining S7
additional one from Fiance ISO, 414, 44t
fiiom the Dutch 170, tIT
Congress Apply Ibrmore from France 171, SIT
proposes to apply for further, abroad tS2,t6i,Wt
propriety of discloting their amounl SIS
state of those nith France 418, 433, S19
amount of, inlTBS 4)8
iiiDEr. dxix
LUZERNE— Contiiraed.
remtrin oo eondoet of American Commiisioii^ wit Puif towvdl
Frtnee '. 161,418
conduct in regud to C^itain Aigill 472
ratnrns Ixmo ••• • 066
LTCIAN LEAGUE 1004
M'CLUNO, JAMES
fpoken of •• SecretAiy of Foroign Affairs 486, 608
delegate to the Federal CoDvention fiom Virginia 648
attenda the Federal Convention 788
propoies the Executive term to be during good behavior 1286
deairea aome specific provision relative to the exercise of Execu-
tive powers by the President '. 1160
ITDOUGAL, GlENERAL
a deputy from the army to Congress 849, 886, 466
MIIENRY, JAMES
views on terms of cession of public lands by Virginia 468
in Vkvor of Annapolis as seat of Congress 677
attends the Federal Convention 788
remarks oo the subterfuges adopted to avoid the provision in re-
gard to money-bills 1816
proposes to raise taxes by requisitions 1888
desires a prriiibition in regard to attainders and ex post fiicto laws. 1899
desires a regulation in regard to trade between the States. • .1431, 1478
views as to the mode of ratifying the Constitution 1478
desires a provision lor the President to convene the Senate sepa-
rately 1688
signa the Constitution 1688
M'KEAN, THOMAS
represents Delaware in Congress 167
opposes a separate provision by Pennsylvania for the public credi-
tors there 160
proposes a conditional exchange of Comwallis for Colonel H.
Laurens 806
advocates coercion towarda Vermont 214, 886
MADISON, JAMES
1780
enters Congress 1
writes to H. Niles relative to Mississippi « . . .6
his correapondence commences 48
writes to Mr. Jefiierson on the state of public affairs 48, 46, 47,
84, 86, 108, 106
writes to Mr. Pendleton 60, 58, 77, 92 to 101, 104, 109, 116
writes to Mr. Joms 51, 68, 66, 60, 61, 64, 68, 69, 7 )
mortified at the course of Congress relative to the public lands 68
adviaee the States ceding them, to annex conditions 68
vgei Virginia to ratify the Confederation 64,68
113
ClZX WDSX^
MADIBOrr, JAHES-Contiaiud.
fwyotM to f«iw mpptiNbx imprtafment n
pnpMH tbit tti* StotM ifadi diKoutiane emiMOH of p«p(f bom; .41
diS^finnhu colle^iM W
uki Mr, Jones to nprewnt tba iiiljiii { In tin TllMUIilH ST
appliw loRiMlI; Ibr itutracdoni 74
ITSl
■agnli compolwiy Ml* cr CongnM to obUin tba quotu at
Qm Statu 87
writM to Mr. Randolph on public a&in.M, 111, US. UI toUI, 40 to
•H,BM
migca Congraa to act on the cenioo of Viiginia tl
flXtiUnj bia Teaaoni for Inveiting Congim with powar to taiaa
and collect ravcDue.... M
DTgci Viiginia to pay aoma conplimant to Labjatta 101
cetaion of public lands bj Virginia 101,10^ lOS
i7n
iMOBmanda a collection of documcnta relative to Tiipnla land
dilma UB,lflD
■dvoeatea animpoatlaw ...Ill, 48S
orgaa her In complete her militar]' contingent IIT
ni^ a thorough eicami nation of her title to her public landa lit
bia lemafka oo tha adaiiiaion of VcmoDt, and the caation of pnb-
lic landa It^ 419, «4
oppoaealbe aebemeor Vir^nia to i«iie paparnumej 119
(eporta tba moIuUon of Coogrtaa on the Viiginia land claiffl IH
vindicatea Robert Morris U7
«bjeeta to the praceedings of Ibe Tirgiaia L^ialaton triaUTa to
tha eiport of tobacco IM
object* to Ur.JefferiOB'iwithdr»wa) Imn pnblic lUe 141
dia^prore* of the comae of tba Leaf 141
tmilateiBletterofMirboia 141
I, 165. 173. 176, I7B. IW
iVDEx. cfand
ICADISON, JAMES— Continaed.
hit viewi on the right of Coogrett td use coereiTC meaioiw
towirds Vermont 220
his Tiews on fixing n nte of depreciation of ptper monej' 227
his Tiews on reciprocity in the tremtj between British and Ame-
ricans in each country 243
endeaTors to obtain stipulations for a reciprocal trade with Britain
and the West Indies 244
178S
opposes an alteration by Congress in regard to the Convention
about Consub with France 247
▼iews on a valuation of lands as the basis of taxation . . . .250, S62, 816,
824,826,888
opposes distrust towards France 252, 255
urges an application to France for fkrther loans 255
suggests Aindingthe debt to army 255
appointed to confer with the Superintendent of Finance on a plan
for settling the arrears of the army 259
intimates that Congress should not solicit Mr. Morris to eontinuii
in office 275
urges the establishment of genera) revenue system. ..289, 292, 80S, 500
suggests the establishment by Congress of an impost on trade,
and qualiAed poll and land tax 800
urges the question of a valuation of land being considered with
that of general revenue 817
advocates a commutation of half pay 821
considers an impost the only practicable tax 850, 355
explains the powers of Congprcss under the Confederation 852
his plan for abating the proportions of certain States funding their
expenses, and establishing a system of public lands... .862, 365, 4 IB,
419, 421, 528, 689, 543
remarics on the conduct of the American Commissioners at Paris. .898,
407,518
ramarks on the proportion of freemen to slaves in fixing the con- .
tributions of States 424
desires information in regard to the Department of Finance. . .427, 461
disapproves of a proposed Convention of the Eastern States 429
on the committee to organize a peace establishment 482
endeavors to reduce the apportionment of Georpda 438
opposes a premature system in regard to the public lands 435
recommends circumspection in regard to rommerrial treaties 439
opposes a hasty ratification of provisional articles 442
proposes a commission to adjust the debts of the. States • .44 1
draws the address to States 6, 448
urges a provision for Canadian refuf^es 454
urges Mr. Randolph to a seat in the Legislature 611
remwks on the ability of Franklin 617, 621
dixii uioEX.
HjUHSON, JAMES— ContiDn«(t.
wgM Am UMOt of Virginia (o a ifitem (J genen] Krenoe .JM
eSMt of emuDcicUl treatiei oa tbe ri^ti •nd intneA of SUloJM, Ht
oppoMi ibt iuue of Uud wuTsott bj' Virginia JTD
17M
become* a member of the Home of Delegatei of VliginU. BM
iTSe
^ipointed a delegate to the Convention at Annaptdis iJH^ MT
diaw* act of Virginia appointing delegatet to die FedenlCon-
nniaAi on the ioturrection in MaMachoMtta, and on laiiii^
troope bjCongresa ...■•SS4
nmaridin Congrrsi on the plan of the Fedeial Convention SiS
lemaikion the operation of treatieion the 3tatea 6BS
commuuicatei to Mr. Handolph bii view of a new Federal Coa-
■titntioD m, 714
Vgei Mr. lUndolph'i attendance i .BM
•entimenti on the effect of the American Revdution ioEnropa. ,,,sn
nmarln on anrient Confederacies. 8U
rcmarlii on the colonies bebre the RerolntioD* •••••..... 6M
hia wiih to remedy the evils of the Confederation an
pieparet to take rrporls of debates in the Federal CooTenfim-.. . . .T1S
attend* the Federal Coovention TU
tUnka the powen of the Nationtl Government sbaoU not be (oo
much limited Mi,tn
wlabes to protect the minority from oppreaiion bj the m^joii^. ...MS
Ui gentiml Tiem of a National as compared with a Federal Q»-
veranent WS, MO
hia objections to Mr. Palteiaon's plan .8M
eflbetofabreachofcofflpactbjameoiberorthe Confedeiacj.BM, IIU
UTDEX.
MADISON, JAMES— Continued.
urgn flie importance of preeerring the mutod independenee of
tlie peat depaitments of the Gorernment llfiS, 1117
tlilnki the preponderance of the Legiilatore ia chiefly to be
gaaided agaittft 1168, llfT
Ua Tiewa on the general power of the Preaident .7^ 809
oppoeea remoral of the Preaident by Congreas, on application of
the Statea .777
oppoeei an abeolute negative in the Executive 786, 809
wiahea Jodiciaiy united with the Executive to revise the laws. . . .809,
1162, 1166, 1882, 1887, 1564
vigea the necewity of making the Executive and Legislature in*
dependent of each other 1126
viewa on the impeachment of the President! 1S6, 1628, 1629, 1680, 1672
viewa on the election of Preaident. .1148, 1198, 1200, 1201, 1489, 1600,
1601, 1602, 1611, 1616
thinka the ballot in Congress for a President should be joint 1419
desires a provision to prevent the President from appointing to
oAcea not previously created by law 1422
auggeats the exercise by a Council of the Executive powers
during a vacancy 1484
objects to an equal suffrage being allowed to all the 8tates.762, 978^ 1006
thinks Senate and Judiciary should not be cboaen immediately
by the people 766
oppoaea a division of the Union into Senatorial diatricts 769
tldnks Judiciaiy should be appointed by the Senate 798, 866
advocates a small Senate 814
advocatea a proportional representation in the Senate 816, 1006,
1011, 1026, 1102
objects to an election of Senatora by the State Legislatures. 818
auggeats a negative on State laws being given to the Senate 827
advocates seven years as the Senatorial term 862
doea not object to nine years for the Senatorial term 964
desires to give firmness and atability to the Senate 868
objects to flie payment of the Senators by Uie Stitea 970
advocatea ineligibility of Senators to National oiBcea for one year
after dieir term 978
objects to an equality of suffiage In the Senate 1006, 1026
approves of voting in the Senate per capita. 1099
wishes the provision for supplying vacanciea in the Senate, made
more distinct 1209
urges some other rule of representation than eontribution alone. . . .760
orgea an equitable ratio of representation, but different fimn that
of fht Confederatioa • 761, 679
vgaa that alavea ahoiild ba eonslderad in apportioping npnaaa-
tilioB 1066
Clxziv IHDKX.
HADISOIf, JAMES-CantiDued.
conuden Um Dninber of inlubituiti the beit rul« of raprMenti-
tioo, ud, in gcoeral, tbt be*t eriterioa of propeity 10T4
thinb Um oppoting interetti or the ConTcatioii m Ihna of the
Nortlieni ind Southern, rather thui the Iirga uid inuU BUI«*...10S8
tUnlu the rule, fixing ■ SepreecDt&tiTe for ever; Ibity tboumid
inhabituit*, ihould cot be mide peipeliul 11S3
tUfei t reduction of the ratio of rcpreieotktJOD in th* Houic, . . . lUI
vrget the elcctioo of the AepicMntttiTM by the people T5S, MM
•dvocfttei triennUI election of RepreeenUtivci UT, 9W
in finor of lixing the compcnwtioo of the Bepreiealativn. 84>,
object! to the pnrmcnl of the ReprcMDtftlivct b; the StatM SM
deeires to limit the ineligilulitj of RepracotftLvei to offieei c*-
tabliihed or augmented during their term U9, Ml
nlqecU to a landed qiiglirication for menbert of Congreii 1314
objecti to fixing the time forth* meeting uf CongrcM,. 1146, lt4t,
1M7, IMS
oppoeet • freebcdd qualilication for electon of EteprewntsUvct.. . . 12B3
pnlen the term "inhabitant," initeedof "rcaidant" n aqoalifi*
ution for Representatives 1157, IKS
objecti to a very long term of citLcenahip being required for mem-
ben of Corignu 1274, IMW, 1101
objecia to the Legiilaturc being allowed to fix the qualificatioBa,
pay, or pririlegei of itimemben. IISS, 1186, liBI
propoiei a proviiioo, to compel the attcndaace of nemben of
CoDgreu 1190
ol^ta to the expulaion of a member of Can|nM bj hM than
two-thirdi IMt
doubtt whether there can be a ipecific euumeratwii of tba powen
of Congrest TtO
doubb the propriety of using force agunet a State 711, 811
IXDBX. dzZT
MADISON, JAMES— Continued.
propoi— to TVft Congren with power in regird to the public
Undi, teiritoriet, Indiane, a Mit of goyenment, incoipoim-
tioUy eopjriglits, patents, a onivenity, and anenalf ISSt, 1S64,
1676, 1877
thinkf Coogreii fhould have the regulation of the militia. 199%
140S, 1409, 1407
hie views on tlie definition and ponishment of tivason 1870,
1S72,1567
deiiret a proviiion for tlie dehta and engegementi of the Con-
ftdeiation 1401
Tiewi on the provisions in regard to slaves 14S7, 1410
▼iews on a prohibition of the States in regard to laws affecting
contracts 1440,1444
urges a prohibition on the States, to lay embargoes or taxes on
imports or exports 1444, 1440, 1440
desires a provision, to give effect to the judgments of one State
in another 1448,1401
▼iews as to a navigation act 1468
flunks that no provision should be made to effect the claims of
tiie United States and the individual States in regird to terri*
toiy ami the public lands 1406
views on the regulation of commerce between the States. . ..1477, 1080
advocates inferior nationil tribunals 798, 700
opposes either diminution or Increase in tlie compensation of the
Judges during their term 1186, 1487
prefers the appointment of the Judges by the President, m'ith
the assent of the Senate 1171
thinks the jurisdiction of the Judiciary should be limited to
cases of a judicial nature, and not extend to all arising under
the Constitution 1480
his views on the mode of making and ratiiying treaties. . . . 1410, 1414,
1681, 1680
wishes a permanent seat of government 1800
views as to the mode of amending the Constitution 1606, 1601
views OB the mode of ratifying the Constitution 1460, 1470,
1471, 1478
prefeiB a ratification of the Constitution by Conventions, instead
of the Legislatures of the States 1180
urges ratification of tlie Constitution by Conventions of the
people 700
signs the Constitution 1088
MAJORITY
a quorum of each House .788, 1229, 1287, 1880, 1640, 1O08
tendencies of, to oppress the minority • 000
of the people should prevail under the General Government 1008
«UCm IITDKX.
HAIPA&CTICE
1)y the Frwidmt .779,860. 1UI,UU,1>14, lOt
bj the He«l* of DepartoMDti IMP
MANUFACTURES
■npcnntendMiee of. • Un
eocoun|;eipentof. t 1446
HAABOIS, BARBfi .6,n.S01,4M
writei ■letter for thg ntwipapen nlitive to th« Britkh 141
hw Uteicfpted Uner JOB, »0, S4S, Bll
Ifr. Jeflienon'i notMon Viifinw writin Ibr 4aa,4M, W7
mnuliion tbecoadnetof UMAmarcaaCaamditiDacn Ml
habuve
XABITIHE
ewMundaT jnriidictioDorJndieiM7 .744, 1116, ISSI, MM
HABQUE
latter of, not to bi KTautad by a Bl>t« 744, 123>, 14M, lUS, lfll4
MAKTIN, ALEXANDER
■ttandi thcFederol Coniention 711
doim that inaligibUity of ReprewDtattTM be limited to fMem
ctMted or Ruguientnl daring their tern MO
dnim to Increue the QBrnbrr oT Reprateutalivti &om North
t:uo]in> loas
object! to leat of GaTemowiit being at uij State Cqiital ISIS
MABTIH, LUTHER
•ttendi the Federal CoDventiOQ OB
tUaka the(epwmtio«l(om Oreat Britain left each State aovercign
aiul equal Mt,tlS
bb Tlewi of the eitent of the Federal or Nalional OovenmaDtAlS, 9T4
o|^Miaeau7 ConfederatioD unleu on equal BnMiMlf...I01I, 101T, lOOT
bio hror of Mr. Pattenon'i plan .883
mu. dzzfu
MABTIN, LUTHER-ContiDued.
thinks tlM luppresaion of insometioiif abonld be left to Ibe
Statef 1140
objects to Congress introducing militaiy force into a Stite to sub-
due rebellions without its applicstion 1S50
wishes the size of sn anny in time of peace to be limited bj the
Constitution • 1S0O
proposes to raise taxes bj requisitions 188S
thinks tiie regulation of the militia should be left to the 8lites .... 1406
desires a rtgulation in regard to trade between the Statss 1480
wishes two-thirds required to pass a navigation act 1460
viges the qipointment of the Judges by the Senate IISI
thinks there should be no inferior tribunals except those of the
States 1187
offers a provision in regard to confessions of treason • • . .1876
suggests that pardons be allowed only after conviction 1488
wishes questions of territorial claim left to the Judiciary 1466
objects to oath of State officeii to support the Constitution 845
bis views as to the provisions in regard to slaves 1888
objects to any provision having the effect to guarantee the claims
of the large SUtes to the western territory 1458, 1461, 1488
wishes the application of State Executives for the protection of
the General Government to be limited to the recess of the Le-
gislature • 1467
preiers a ratification of the Constitution by the State Legisla*
tares 1471
dissatisfied with the general character of the Coustitntioo 1475
ICARYLAND
views on declaring Independence 10, 18, 17
rotes for white inhabitants as the rule of taxation • 81
views on a cessum of their public lands by the States. • .. JM>, 118, 868,
689,661
views on a system of general revenue. • J68, 661
opposes a poll tax • J05
Tiews as to Spain and the Mississippi 629, 641
adopts exclusive commercial regulations 711
violates the articles of Confederation 887
proceedings as to the Federal Convention 617, 641
sends delegates to the Federal Convention 718, 770
proportion of representation in the House of Representatives be-
fore acensus 786,1058,1067,1107,1111,1117, 1544
proportion of representation in the Senate before a census 787
proportion of electors of Pkesident 1150, 1151
opinions on the Federal Constitution 649
MASON, GEORGE
acquainted with the Virginia land claim* 108, 579
his views on a syst«^ of general revenue... ••••• •• 579
113»
dmUi msz.
MABON, GEOBGE— CoDtindcd.
ft d«Iagtte to the F«denl CooTtDtioB ttt
attendi tiM Fcdnml CoaTcatioti..... m
alt}eet* to y«M u>d nijra 7M
otijectf to k men CoiUedcntioii T4T
oppoMl unneceMuy eDcrowshmenl od lb* StalM .....SM
eompan* > Mrtioiul with ■ Fedenl GovenimeDt tlS
kpptmrM or tbe plto of compnuniM bctWMb file luge utdNnall
6MtM lot, IMl^lSM
object! to diacrimiiutioiM between tbe new and old Btitee. .. low, 1068,
MS7
oppoaed to flieuiitoentieiMtiont that bid been Aiwm eat lOU
fiir MTOB ymn a* tlie Executive term 7M
a^utlhc r»-etigibiUly of tbe Pntideat 7C7
Tiewi m the etection of tbe Pnaidatit 7*8, 1131, IMS, im, lIMt,
14H, IMS, ISOt, 1511
object! to • dependence of the President on CongrMi Tit, 811
' adrocatei a power to remove th* PraeideBt .776, IIM
think* Judiciary ibouU be nnitad tritb Execative in a conneil
of revision 811. IIM, 1168
If an willing to enl nut tbe President with the powet to n*k« war.. IWl
opposes an Executive dnilng good Iwhanoiir ....1117
view* on tbe impeachmenl of tbe Prefident 115^ 1U8
liin&Torof an ExeeutiTe council 1S17
thinks the power of the Senatelnregud to treaties very daufer-
ouB 1331, ISU
wishes the Senate ^ipointed by the Stato Legialatore* tM
sugfcsti property qualification for Srnaton ,. .(Tt
thinks three Benalors from esch Stale too many 1188
urges tlie election of tbe Representatives hy the peo^.. .7M, Ht, W
to favor of fixing the compensation of RepTcsentatives 848
prefen biennial elections of ihc Reprrsentotires 888
propoaas that the Rcprpientstivea ba twenty lite yein of apa J3i
VKDiOi. ebadx
MASON, OEOROE— CoDtinnid:
thinkf the jounudof Congress tbould be pablished.... .....ISM
does not wish the number of the House of Bepresentstives to be
▼eiysineU .' 1061
desires the proportion of representition to be fixed from time to
time according to a census 10€4
thinks the number of inhabitants the best rule of reprseentatkm.. . 10i#
thinks that Uacks should, in justice, be counted equally in pro-
portioning representation, but will not insist on it m . .1060
doubts whether the rule of taxation should be fixed beibre a cea*
sus 1069
proposes a property qualification for memben of Congress ISll
fliinks that persons having unsettled accounts should be disquali-
fied as members of Congress •.•••• .1211
his remarin on the negative of each House on the other 1244
objects to fixing the exact time for the meeting of Congress 1246
uiges a prohibition of a tax on exports • .1329, 1286
does not wish absolutely to prohibit Congress from emitting biUi
of credit 1244,1246
tiiinks Congress should appoint a Treasurer 1247
views as to a power in Congress to regulate the militia 1265, 1261,
1262,1679
desires a provbidn against a perpetual revenue 1256
proposes a power in Congress to enact sumptuaiy laws 1269
doubts the practicability of a negative in Congress on State laws. .1410
bis views as to the payment of the debts of the Confederation 1414
S|>prove8 of a provision for the General Government to suppress
insurrection 1119
objects to the prohibition on the States in regard to laws afi^scting
contracts 1442
thinks the Stat^ should not be prohibited from laying embai]goes. .1444
views as to navigation and trade between the States. 1453, 1566, 1568, 1669
wishes tiie regulation relative to the effect of public acts of the
States in each other, to be confined to judicial proceedings 1489
dislikes the appmntment of the judges by the President. ...1191, 1174»
1517
approves of the right of Congress to establish infoiior national
courts 1127
opposes an increaee or diminution of the eompensation of the
Judges during their term 1427
prefers the definition of treason in tiie British statute 1271
his views reUUve to daves 1290,1428,1429,1490
advocates amendment of the Constitution without the assent of
Congress 844,1591
objects to the seat of Government being at any State Capital 1218
HiiakstiM CoostitotioB should be ratified by tiie people in Co».
vmtioiis 1177
MASON. OEORGK-Coutinued.
^ diiHtufled with tlw pnenl chmetsr oT the CoutitntioB. . .U7S, UM
critkiim M Ui abJMtiDU to tbe Conititatioa MT
cfdoiou on Uw ratification of the Conititation b; Virgiiiia tSt,
UT.Mi
KUSACRDSETTS
TOtM for IndepaBdencs IT
wiiliM tbe Domberof inhibitantt te b« the nde of lixitioa Ml
witUrawi her objection! to Vermant N
oppoMf the claiini of Virginia to tbe wcFteri) landi .......lit
radteau paper nionej beyond her quota i .....107
oppoMi ■ eomnutation of half-pay ACT, S61,sn
vinnoaafTiten offncrtlKvcBn* SN
political channel there ....6M
viemu to Spain and the Miaaiuippi Ml
kMpa taoopa without tbe eotueat of Can^ii Til
iHDiTection there in ITBT 581, US, SIS, 8tT, SM, 6», 710, 7»
^(mnti delegate! In the Conrention at Annapidii SM
■Midi delegate! to the Federal ConTcntion 711, ns, TST
pvportioD of electon of Pmide nt 1 141, 11 Bl, ISSt, I6U
proportion of repretcntation in the Senate before acenaoi 7S7
piaportion of tepreieiitation in the Houie of RepreaentatJTM
bofbraaeeoaui 736, 10», 10S7, 1107, 1121, 1217, 1M4, IMS
opiuou on the Fedenl CoDititution 147, «U. WD, 887, MS, 88*
pracMdingi iBN|ud to the Coutllntion SSS, SM
MASSACHUSETTS LINE
fMdi 4«pmt*ti«a to Congrew !••
MKASUBES
■tudirdar,majbafiwdbrCongreM 740 11M,1U«.
MEMBERS-ContiDQed.
their priyUegM 788, ISSO, 14M, 1647, 1809
their atteiKlanca 1280, 1M7, 1608
their behmTioar 1210,1280,1847,1608
MERCER, JOHN F.
objects to impoet 608
objects to Statei making Tilaation of lands 828
discoaset retroepectiTe effect of Taluatioo 827
remarks on export of tobacco under authority of Congrest. 828
objects to genera] system of reyenue 884, 847, 868, 887, 611
urges calling on Pennsylvania to restore goods, seiaed while
under passport 888,848
proposes to appropriate impost to pay army fiisL 888, 844
advocates new scale of depreciation 848, 868, 611
opposes commutation of half-pay, and funding the publk debt . . . .886
remarkf on conduct of American Commissionen at Peris 888, 892^
407,410
disapproves proposed Convention of Eastern States 427
objects to proclamation relative to peace 488
moves to erase application to France for loan of three millions 448
remarks on disbanding army 468, 466
remarks on conduct of Executive of Pennsylvania on the mutiny
of the troops 481
remarks on cession by Virginia of public lands 484
his views on permanent seat of Congress 678
attends the Federal Convention 1228
advocates a freehold qualification for electors of Representaf-
tives 1268
objects to residence as a necessary qualification of Representft-
tives 1268
his views on the exclusive power of the Representativci on
money-bills 1287
thinJts a quorum in Congress should be less than a majority..l287, 1288
objects to the Senate having any but legislative powers 1288» 1881
objects to the exclusion of foreigners from CongrcM befaig re*
traspective 1882,1806
thinks the appointment to office necessary to sustain a due
Executive influence 1818, 1824
objects to the Judiciary declaring laws void 1888
wishes the Judiciary to have a revisionary power over the laWfe. . . 1888
is strenuous for prohibiting a tax on exports 1842
^proves of Congress establishing post-roads 1848
opposes an exclusion of the power of Congress to emit bills
of credit 1844
tbink» a Treasurer should be appointed like other officers 1347
olyects to military force being introduced into a State by Con-
gress, to subdue rebellion, without its previous application 1860
dxxxii
WDtX.
MIFFLIN, TH0UA8
dtleptafrom Pcouylraiu in CoupMl
■ml to Rhode Isluid to BTge impMt
w puMiciUon of Carieton'i letten refuiing to n
tiliti
attendi thtFcdcnl CoDventioo nt
dMinf to mnfiDi tbt ineliiitalitj of ncmben of CongreN lo
officM craatid or iaeroMod in ivlna during theii tann .....ISIT
ngDi lbs Conitltution im
HIQRATION
of iIbtm list, loss, 141S. 14>T, lUl, U»
MILITART
font wtian to b« need .71!, 1 160, Itn, ISM
Ibrce mij ba raited Yij Consran.TW, ISO, MS9, 14H, ISBO, ISBt, 1611
romdi mtj be eitmbliihed lyCongrtm T40
openttioQi not to be pnbliehed in tbe Jonrail of OragTCM IM
iti lubonlinition M6t
NfUlitionj in Tcgud to it UIS,iaif
BnLITU
inefficient a nder the CoDfedn-Btion 7M
power of Congrea in recud to ill ngulitton. .. .TM, UK, 1161, Un,
IWt, ISM, I6II
nijrbe called oat b^Congret* on certiiaoeeuion.... 741, ll>S,l«>t,
lUO, t61S
commutdof, b7thePretident...74S,8», IIM, 11BT, 1484, 15U, 1617
ongbt to be regoUted b; the Statu Mi
HimSTERS— See Anbahamm.
11I8DEHEAN0UR IHO, 1447, ISIS
'. ...6, BZ^ SSO, BBS, 6». 609, 6M, 614, 61S, «tS, 814, «T.
6fT, 641. Sn, 1446, ISa
o ConuniMionm reJili*e to it M
IllDKX. cljEZsiii
MONET
only to be diswn from the Tieaiurj in pnraauice of appioprii-
tione 1106, 1X28, 12W, 1806, 1816. 1880, 1484, 1680, 1661, 1618
paper not to be made a tender 1846^ 1346
biUi about, must originate in the Hoose of RepreaentatiToa. . . .787, 856,
10X4, 1026, 1041, 1044, 1096, 1108, 1288, 1228, 1266, 1270, 12917, 1806,
1880, 1880. 1494, 1680, 1646, 1609
bilia about, to be Toted upon in proportion to contribntion 1010
biOs, when and how altered. ..1024, llOSw 1228, 1228, 1266, 1296. 1806,
1816, 1881, 1494, 1680, 1648, 1609
may be borrowed by Congreea 740, 1282, 1649, 1611
may be coined hy Congreas 740,1282,1848,1649,1611
aflUratobemade known to the people 1044
MONROE, JAMES
apeaka of a plan ihr Federal Conrentioo 706
MONTGOMERY, JOHN
deputed by Congreta to ? iait the Eaatem Statea 161
proceedinga as to goods aeized when under passport 271
MORGAN, 6.
agent for the Indiana claimants M
MORGAN, MR.
agent of Sir G. Carleton 129
MORGAN, COLONEL
promoted by Congress 64
MORRIS, GOUYERNEUR
attenda Federal ConTention .721
objects to equal Toto of large and amall Sfatea in the Convention. . .726
preaenta letter from Rhode Island to the Convention 727
shows the difference between Federal and National system 746
his general views of a National as compared with a Federal Go-
vernment 1017
depicts the absolute necessity of a Constitational Union 1029
his course towards the small States complained of. 1081
eontonda Ihat an aristocracy will alwaya eziat 1048, 1261
hia view of the effect of the Declaration of Independence on the
sovereignty of the Statea 1049
thinks too much should not be yielded to the Southern Statea 1069,
1069, 1082, 1091
hia remarka on tiie conflict of Northern and Southern, Eastern
and Western interesto 1091, 1092
his remariu on slaveiy 1268
deaires a eompromiae between the Notthem and Southern Statea
relative to slaves, navigation, and exports 1896
viewa on the mode of electing the Preaident. . . 1119, 1121, 1144, 1420,
1439, 1491, 1498, 1499, 1604, 1611
in favor of an Executive during good behavtour 1126
views as to the Executive term and re-eligibility 1144, 1196, 1421
ebxxiT iMOKi:.
HOHEIS, OOUTERKEtnU-Contiiiucd.
appMM tlM bUl of inqseaehiHnt of Ifaa Pietidml by Um jodgM. .IIU
tfifaikatlie PrHidant ibonU IwUalila to ImpMchmuit IIM
tffnrmotOa Prandent uidJudga uaOooDcilof Bevi«aii....llM
Vinn u to Iha Fntident'i nepUTs od U*n. . .IMS, ISM, 1M3, IMS
wilhM u ExMuliTg CcNmcil IN*
piopowi ■ CotUMil of Btati lo uailt the Preiident U>f
|C^Bn tha Chief Jnsticc to the Pteudent «f the Senate M piovl-
doMlracceenrof t)wPre«deDt 14U
Ui gncnl vicm on tb lubject of tha Executive. . . . 1141, IIBS, USA,
14ai>,UM
i^prares of the •ppmatnent of ft Vice Pretident ISIfl
oppoiee as eqiutitjr of tuflVige for the State* TBI, lOM
deaiiei that the Bea>ta >bouId be an arittocrttic body 1010
wUhei the Senate to be appointed for life lOlO
wiihei the Senate to be appoiotMl b; the Praiidant lOM
dIi^>pro*ai of ^ipi^tmenti by the Benatc UTI, 1400
piefen three Seoaton from each State rather Iban tm IIU
oltjecti to tbr diwent of Senatoia being entered on the Jeamal. . ..UH
Tiewi in legaid to Uie Senate ISDS, ISU
contends for a repceeentalion according to ptopertj aa well aa
unmban IMt, ION
leport* a plan for the latio of repreMntati<» in Um Honae, both
before and aiUr a ceoaui .....lOSl
orge* periodical adjuatmcnt of repmentatlan IMi
it oppoaed to raatnining Congroe too mneh in regard to Aitnre
t^foatnenta of tcpieeeDtation lon, lOTt
propoeee that lepreeentation and direct taxation ihould be eati-
matad by the aame tole , ISTS, 1080
wiabaa the power* of tbe GoTertunent aettled bcfbn the qaertioB
of Tapraeentation ia finally decided 1114
tbinlu that rapreaentation ahould be apportioned to freemen IMS
IllDEX. CIZZZT
MOBBIS, 60UV£RN£nR--Contuiaed.
objects to making officen of the army and navy ineligible to Coo*
gnu P 18n, 1826
loggeats the proprif ty of requiring three-fourths of each House
to repeal lawa when the President does not concur. .1884, IMS, 15M
objects to making members of Congress ineligible to office 1488
disapproves of exclusive origination of money-bills by the Rep-
resentatives 1041.1048,1266,1878,1800
opposes too great a restraint on Congress as regards State laws. . ..1116
opposes a negative by Congress on State laws as unnecessary 1117,
1118, 1411
opposes the prohibition to tax exports 1841, 1888
opposes the power of Congress to emit bills of credit 1848
advocates the power in Congress to subdue rebellions 1860
opposes a power in Congress to enact sumptuary laws 1860
remarks on attainders and ex post facto laws ,1400
desires a provision for the debts and engagements of the Confede-
ration 1408, 1426
desires the introduction of the term ** slaves," in the provisions
respecting them 1427, 1420
proposes a provision in regard to suspeiKiing the writ of habeas
corpus 1441
objects to a prohibition on the States in regard to laws affecting
contracts 1448
thinks the States should be prohibited from taxing exports or im-
ports 1446
proposes a provision relative to the judicial and legislative acts
of the States 1449, 1480
objects to any provision tending to injure navigation 1462
approves of a provision prohibiting a religious test 1468
approves of a uniform bankrupt law 1481
prefers an appointment of judges by the President with the ad-
vice of the Senate 1184, 1186
objects to the limitation on Congress to increase the compensation
of tiie Judges 1186,1487
approves of inferior national courts '. 1187
opposes the removal of the Judges on application of Congress. . . .I486
views as to the provisions respecting treason. . .1871, 1373, 1876, 1687
objects to a guaranty in regard to tiie exbting laws of the States. .1139
views on the treaty power 1521, 1626
proposes that treaties be ratified by law 1412
views as to annexing conditions with new States on their admis-
sion 1053, 1071, 1456, 1457
views as to provisions in regard to the territory and public lands
of tiie United States and Uie States 1458, 1462, 1466
thinks assent of the States should be required for purchases
tiwrein 1436
114
dnxri iiTDBZ.
HOBRIS, GOUTEIUfEUR-Coiitiiiaed.
oppoMt rotation in office...., ISM
fldnki Congrnt thoutd b« it liberty to cdl a Canrentioi) to
uneod the Conatltutioa , 146S
ptoiKMe* to lubmit Uia Canititation fai i lecood ^nenl Conventioa. 1 1S4
viewi ■■ to tbe mode of nUrjing the Couatitatioa 1469, 1471, 14TS,
1474, 1478
Tiem OD the Conititntion u adopted 1600
log^esta the rorm of signing the Can*tilatioD ■ 190S
■igna the Constitution M23
ciaminea Mr. Madison's rpportofhiiipeech of May 3, 1787 71S
JfOBRIS, ROBERT— See Fihahcc.
letter of S. Dcane tohim IH
urges the creation of a bank IM
Dr.Lee inimical to him lll,ni,4U
bis character and services vindicated 117, STl
bis letter on the coliortion of taxes 14S
relieved by the Dutch loan , 170
obliged to iliscbarge the contractors .186
proposes a credit (o the States redeeming more than tb«lrquotu.!07,4S4
represents his difficulties and the impossibility «f relierlng the
army 248,150
lays the stnte of the finances before a Committee of Congrees. .2BI, 288
conference with him on the arrears of the army IfiS
commuDicates to Congress his intention to resign Z74, 370,
SIS, 510, B7t
Dikkei a provision privately for paying a portion of thearreaiato
the army 177
pvpoaea a general aystein of revenue ST8
represents the lovr state of public credit S88
call by Dr. Lee for a specific report from 4H
Congress exsmines the Deperlment of Finance 416,461
IKDE^. cIjOEXTii
NATHAN M8
NATIONS— See Law OF NATipKs. ,
NATIONAL GOVERNMENT
Mr. Madison's vUftn as to what its powers should be V 681
NATIONAL SYSTEM
objected to, in the designation of the Government i 747, 906
compared with a Federal one 748, 863, 867, 876, 879, 893, 909,
919, 969
not to encroach uniiecessarily on the States 760
requires to be strengthened againist the States 882, 989
will destroy the States 884
only one fitted for an extensive country 885
adopted, in preference to a Federal one 904
ought not to destroy the States 904-
NATIVE
members of Congress should be 1273, 1299
President to be 1487,1616,1664,1616
NATURALIZATION
law of, to be unlfimn 767, 1232, 1649, 1611
provision to be made for 161, 713, 1274, 1300
NAVIGATION
licenses to protect whalers 405
fostered by treaty with Russia 454
of the Mississippi.. 6, 60, 68, 74, 516, 529, 530, 591, 699, 602, 606, 614,
623, 624, 627, 637, 641, 677^
protection of 632, 567, 671 , 71 1
of the Potomac 653, 66(
internal 136]
how to be passed in Congress 741, 1284, 1397, 1416, 1450, 154}
compromise between the Northern and Southern States rela-
tive to 1395, 1397,1415,1451
NAVAL OFFICER
under Confederation 95
NAVAL BATTLES
Rodney's victory 128, 158
combined squadron, with Quebec fleet 168, 169
NAVY
advantages of one during the Confederation 87
reorganixation of Department of 482
stipulation against one on the lakes 454
power of Congress in regard to 740, 1233, 1360, 1550, 1612
command of, by the President 743, 892, 1237, 1556, 1617
not to be kept by States during peace 744, 1239, 1552, 1585,
15S6, 1614
eligibility of its officers to Congress 1821, 1325
superintendence of ]36g
NECKAR * 70
1
\
mOATIVE
of State Itwi br Congitu «I2, 714, 782, 746, 761, SSI, 8U, MT,
892, MO, 911, 976, 1116, 140t, 1184
«f legislatiTe act* bjr » Coancil of RcviBioD...7SS, 786, B(I9, 1161, tStt
of kguUtiv« acta bjr the Praiident 739, 783, B60, 891, 1130, 1I6>,
IITI, 11S9, 1223, 1231, 124S, 1641, 1U8, 1610
of ttw Stnate on SUle laws 8ST
of the Seoate on appointment! by the FmiideDt 1171, I4S7, 1619,
I6SS, 1617
of one HoBie on the other ISS7, IMS, UOT
of the Britiab EJng TS4, 78S,1S6,B2t, 1165
of Parliament on Colonial law* 8ST
HKQLECT
by Euculive, groaiid of impeachneot 779, 860, 1161, 1210, 1SZ4
MEQ0TIATI0N8
vlth tha Britiih, not favorable Ill
with the Britiih for peace, at Parii. ...Ifi7, ITS, 179, !», S80, 491, 49S.
496, 6U
wiOt tba Britiih, relatiTB to the dtGoiUva tnatf M4. 565, 669,
ST1, 67S
with the British, nlalire to a commeicial treaty 4t9, SSO, S>I, St7,
643, 644, 666, 669, 8T1
with (he Dutch, for commetcia] tnatjr 171
withRuuia 13B,6il,6a
with Spain 64, 69, 70, 72, I2G, 181, 4T8, 516, 691, 599, 604, 606.
61S.6S4,nS
• with Sweden 180, 21S
conduct of France during Urate, for peace 236,681,690,406,
40S,61B
propriety of diacloaing their aituation .......SIS
between the British, and France, and Holland, and Spain SIS
with Gardoqiii 990, 699, 604, 606, 61 J, 62S, 634, 687, 641, ffTS
INDEX. clxXXix
NSUTBALITT <», 646
NEUTRAL CONFEDERACY 646
NEWBURG LETTERS 884,520
NEW HAfiiPSHIRE
▼otet to declare Independence 17
to fix inhabitintB u fht role of taxation 82
Congreea refuse to appoint Commisaionera, to ascertaiif her
boundariei i 62
relinqniihei her objections, to admitting Vermont 96, 128
her delegates in Congress, November, 1782. .187
redeems paper money beyond her quota 207
opposes a commutation of half-pay 820
interested in a general re?emie 868
refuses to join the proposed Convention of the Eastern States 480
number of inhabitants, and proportion of contribution in 1788 481
votes for Mr. Boudinot as President 187, 478
Vennont encroaches on her 110
views as to Spain and the Mississippi 642
appoints delegates to the Convention, at Annapolis 689
delegates to the Federal Convention 999, 1176
proportion of representation in the House of Representatives be-
fore a census 786, 1052, 1057, 1 107, 1222. 1227, 1544, li06
proportion of representation in the Senate before a census 787
proposal to change its proportion of representation 1057, 1087
proportion of electors of President 1149, 1158
proceedings of iti Legislature on the Federal Constitution .649
opinions there on the Federal Constitution 660, 670
NEW JERSEY
laid to be unprepared for Declaration of Independence 10
votes for it 17
votes to fix inhabitanti as the rale of taxation 82
regulates depreciation of paper money 68
patronises Vermont 122
opposes the land claims of Virginia 128
pays her quota oC.taxes 142
her delegates in Congress, November, 1782 187
objects to military measures against Vermont 211, 489
opposes a commutation of half-pay .820
instractioBs relative to the valuation of land ,824
interested in a general revenue and system of public lands 868
number of inhabitants and proportion of contribution in 1784. .481, 488
instractions relative to cessions of public land 456, 464, 648
desires to confine Virginia within the Alleghany 466
votes for Mr. Boudinot as President 478
proceedings on the system of revenue proposed by Congress. JM
instractions relative to Spain and the Bfississippi 622, 680
avene to Cyrus Griffin u President of Congress 667
NEfr JERSEY—Contiiraed.
htr lituktioo daring ths ConrcderstioD in regwd to fomgn eom-
meree 601
•cnda deiegatei to the Convention *t Annspolii -flSS, 8)9
■ends delegitu totbeFtnlcnl Con*eoti(m .721,990
proportion of rcpreaentatiaii in the House of RepreientiliTea be-
fore a centiu TS6, lOea, lOBT, HOT, 1221, 1ZZ7, 1644
proportion of Tepieaentstion in the Senate before a ceoini .717
will reiiit a representation in which the States are not equal .834
oppqies a departure flam the prindplea of the Conledeiation .868
her reaiitance to the requisilioni of Congreaa Mi
proportion of etectoia of Pieiideot 1100, 1101
ojuniooBon the Federal Constitulioa'. .649,664, 660
HBW ORLEANS OM
eitabltihinent of, advocated 499
NEW STATES— Sw STATsa, Vermont, Kzntuckt.
doubts as to their admission into the Confeder»tioil 110
reasons against their admiision „ 121
Kentackjr ailcs to be admitted 164
rale of voting in the Confederation when new State* are received. . .461
* one in Western Penniylvania proposed 215,282,470,486,500
DIM io Western North Carolina proposed 462
desire in the West to form them 4TS
Maine looks lor admission ..666, flS9
provision to be made in the Conititution for tbeir admission .. .7S3, 7M,
sei, ma, 1124. 1S40
may be admitted by Congress. . . .T4S. T94, 866, 12J0, UH, 1488, IfiSB,
1089,1620
proposed to restrain tbem ss to right cJieprMent»lioD.]034, 1008, 1070,
I0T2, 1078, I09S
eoaditionion their admiaaioQ 1241, 1406
MEW YORK CITY
IKDEZ. CZCl
KEW TORK STATE^rContiDued.
grounds of her claim to public lands 119
tffect of her treaties with Indians '. 120
sustains land claims of Yii^nia 12S
proceedings relative tp her cession 186, 469
her delegates in Congress, November, 1782 187
charged with interfering with Vermont 197
interested in a general revenue -, JI68
number of inhabitants and proportion of contribution in 1788 431
votes for Mr. Nash as President 187,478
ofien the seat for Congress 548
proceedings relative to Yennont 626
views as to Spain and the Minissippi 642
•ends delegates to the Convention at Annapolis 6n
proposes a general Convention to revise the Confederation. . . .411, 707
delegates to the Federal Convention Ji88, 617, 619, 621, 721, 770
proporlion of representation in the House of Reprstantatives be-
fore a census .736, 1052, 1057, 1107, 1222, 1227, 1544
proportion of repnsentation in the Senate before a census 787
opposes a departure from thi» principles of the Confederation 863
proportion of doctors of President ..1150, 1162
NILES, MR. H.
letter to, repecting Mississippi 6« {Appendix, No. 4.)
NOMINATION
of Senators, by the State Legislatures 782, 757, 759
of Judges, by the Senate, subject to the assent of the President.. .1178
NOBILITY
no title of, to be conferred by Congress 741, 1284
no title to be coufened by the States 744, 1289, 1552, 1614
cannot exist in the United States 778,949,958,1284
NORTH CAROLINA
votes for Independence 17
for white inhabitants as the rule of taxation 88
her jurisdiction in admiralty cases 91
opposes admission of Yermont 122
sustains claims of YirgiDia to Western lands 128
her delegates in Congress, November, 1782 187
advocates valuation of land being made by the States 826
interested in a general revenue 864
votes for Mr. Rutledge as President 478
number of inhabitants, and proportion of contribution, io 1781 481
new State in, proposed 462
communicates to Congress discontents in the West, in regard to
Spain 60S, 629, 677, 678
restrictions relative to Spain and the Mississippt • JB22
opinioDi there on Federal Constitution 664
KORTH CAROLINA— Continued.
ber lituttioD during the Confedentioa, Id ngvd to fordgo cob-
OBTtM •«
appoints delegttM to tbe ConTentiai], *l AnnipolU • 700
•eodi deleg&tei to the Federal Coovcntioa > Tit
proporlioa or rcprcKntkUon in tha Honn of KepKMotatiTM
beron ■ eeiuiu, 738, 1052, 1067, 1107,1221, 113T, 1M4, MM
proportion of repmentalion in tba Seiuita befbn ■ eeiWM TST
propoBil to incKuc the proportion of rtpmtntillDD lOU
proportion or clccton of Frciidait IISO, 1151
VUtSBER
of inhabitMit* to fonn rule of repieeentition in tbe L^iltbm.. . .741,
7S7, 741, T79, 1081, 1007, 1064, 1108, 121), 1117, Iltt
of people, tu be uceitnined by cenni* 7U, T4I. lOU, JOU, 1064,
1076, 1060, 1090, 1108, 1211, 1317, IXn, U44, ISM
«f ifhith tbe Hosfc of Repre«enl»ti*M ii to conaiit bctbn s
eennu 736, 1014, lOSt, 10S7, 1107, im, 1237, 1U4, 16DC
of which the Houie of ReprcKntatiTes Ii to coniiit...7S7, lOIS, 10S3,
1064, 1318, 1228, 1166, 1179, 1497, 103], IMl, 160S
of which the Senate ia to conaiat be&m a cenana 7S7
of which the Senate U to conaiat 737, 707, 7JW, 813, 1008, 1098,
1186, 1218, lUS, IWr
of which the EsecntiTe it to conriat 761, 779, S6fi, S79, B7S, 891.
1119, 1189, 1118, 1286, 1417, 16SS, MM
of Ststaa raqoired to latifr the Cooatitatian 797,1180,1341,
1468,1618
of inhabilanta authorixiog a RepreaentatiTe 1034, 1088, lOH;
1318, IMl
of alarea to be included in appertioDing i«pi«Mntation 864, 1088,
10S3, 10S6, 1077, 1079, 1108, IKS, 1218, 1138. ISSI, 1H4, 1006
of iuhabitanta to lonn the rule of direct taxation 1079, 1080,1108,
1118,1383
XHDSX. CZCIU
OFFENCES— Continued.
•gainit the Constitution to be adjudged in the State courts 8^
to be defined by Congress , 1849
OFFICE
no other to be held by Judges 8M
Senttors to be eligible to those of the States 972
electors of President not to hold 1169. IMS, 1612, 1668, 1616
perM>ns convicted on impeachment, to be removed (rom 1289,
1869, 1646, 1607
appointment to National ones by the State authorities , 1428
BO appointment to be made to any not previously created by
bw , 1422,1628,1681
not to be held by memben of the Legislature 731, 789, 810, 866,
869, 937, 939, 972, 1221, 1230, 1317, 1479, 1481, 1647, 1609
term of Oat of President 783, 860, 866, 887, 891, 1126, 1144,
1161, 1167, 1223, 1286, 1662, 1614
term of that of Judiciary 788, 743, 794, 860, 1185^ 1224, 1288,
1666, 1618
appointment to, by the President and Senate. . . .742, 1182, 1171, 1487,
1604, 1520, 1665, 1617
appointment to, by the Senate 742, 798, 1284
•l^ointment to, by the President 766, 792, 860, 1124, 1182, 1142,
1210, 1224, 1287, 1818, 1428
rotation in 766
avidity in seeking it 778
appointment to, by Congress 788, 798
OFFICERS— -See Abmt, Halp-pat.
public character of 142
of the army ought not to be promoted by districts 216
civil, appointed by Congress 291
of the army to be indemnified 449, 460
of the States to take an oath to support the Coistitntion 784, 796,
846, 861, 1660, 1628
of the House of Representatives to be chosen by it 787, 1228,
1646, 1607
of the Senate to be chosen by it.... 788, 1229, 1279, 1646, 1608
of the Government cannot be members of the Legislature. . . .781, 789,
868, 869, 1218, 1221, 1280, 1817, 1647, 1609
to be commissioned by the President 742, 1287, 1666, 1617
liable to impeachment 866,1238,1869,1646,1606
ttieir compensation to be fixed by the Representatives 1024
to possess property qualification 1218
of the army and navy ineligible in Congress 1821, 1825
appointment of those of the militia 1361, 1364, 1878, 1408,
1660, 1612
ineligible to other oflices 1866
not to accept presents or titles 1406, 1661, 1618
114*
OFFICERS—CoDtioued .
Bone tobe >pp<niited (o office* notprevioiulyertitMl by law,.... .1429
not to be appointed electora of PmidentwIlM, I50S, U13,iHS, MU
to bit removed, on conviction, undei ut impMcbment..lESO, ISM, NOB
OHIO
cltiauto land there rejected 108
Gorernor Nelson'i letter reUtive to colony then .._1U
extent of Virginia towudi ..SM
(urveyi or public lands tbere •tOB
OPINIONS
of the Judges tobe given to tb* Pretident and CoDgreM.........lS6B
of the membera of the Council to be j^ven to the Preudent 1868
of the Heide of Deputmenta to be given to the Prendeot. ..1488, IBiS
lUfi, 1617
' ORDINANCE
^ relative to Court of Appeals 19t
relative to franking S21
lelativB to capture! SBS. 231, 490
relilive to piracy •SIS
relative to luiTejr and sale of public lands .638,940
ORIGINATION
of acts to belong to each branch of the Lefiilabire.TSt, 709, lUl, lUl
of monej-bills must be in the Houie of Representative*. 737, 86S, 1024,
102^ 1041, llOS, 1223, 1228, 1286, 1270, 1297, IMS, 1S21, ItSO, ISSO,
14M, leW, IMS, 1609
OSGOOD, SAMUEL
represent* HssHchuiett* in Congren...........,..............187
opposes partial exchanges of prisonen 1B9
proposes to fill vacancy in Court of Appeals )9D
sent to Rhode Island to urge impost 226,488
opposes diadotore of negotiation* relative to confiMitiou and
British debt! 264
INDEX. CZCY
PAPER MONEY
new emission necessary in 1780 ; 45
mercbiuitB of Connecticut associate to support it J..44 '
danger of constant emissions 59
that of States worse 66, 59, 61, 62
Mr. Madison proposes to recommend the States to discontinue it.61, 62
merchants fix scale of depreciation , 69
that to be issued by Bank of North America limited 118
Vii|;inia proposes to issue it anew 129
redeemed by States beyond their quotas, to be credited. ...207, 227, 484
plan for redeeming it 208, 227
its depreciation in 1782 .227, 289
new emissions by States feared 627, 639, 712
difficulties under the Confederation 692, 712, 729
emission of, by Congress 740, 1282, 1843, 1346
prohibited to the States 744, 828, 896, 1289, 1442, 1662,1614
PARDON
granted by the Prnident 748, 1287, 1433, 1665, 1687, 1617
not to extend to impeachments 743, 1237, 1438, 1666, 1617
id cases of treason 1641, 1642
PARLIAMENT
act of, authorizing King to treat 127, 492
prorogued «... .168
addressed by Col. H. Laurens 175, 177
speech to, December 6, 1782 836, 604, 607
proposed act of, relative to trade with America. . . • 642, 644
PASSPORTS
right of Congress to grant them 188
extent to which trade under them should be allowed 161, 816, 828
Colonel Laurens applies to British for one 188, 270, 885, 478, 479
goods seized when under passport to prisoners ...849, 611
PATENTS
power of Congress in regard to 1854, 1495, 1649, 1611
PATTERSON, WILLIAM
attends Federal Convention 721
urges the settlement of the proportion of representation 794
thinks the proper object of the Convention a mere revision and
extension of the articles of Confederation* 881
wishes to preserve efficiency of the State Governments 881
offers a plan in a series of resolutions .882
his plan compared with that of Mr. Randolph .867, 896 .
thinks plan of Mr. Randolph beyond the authority of the Con-
vention .869
contends for the States having an equal vote 869, 871
wishes the laws of the Confederation to be acted upon through
the State Judiciaries i^l
hb plan rejected 904
aun ivDBZ.
PATTERSON, WnJ-rAM-Conlinaed.
wUbM New HuDpiliire dalegitei MDt for BW
comfdains of the coune panued tomids the nniU BtatM...W^ Hit
iiwuts on the equal vote of the Slates in tbe Senate 104B, 1110
object! to B prapoitioDil nprHcntttioii in altherKanM 1054
propoMs the clectioti of the Preaident by eleeton eppiMated bjr the
States »1UT
Hgns the Conidtotiou IW
PAT
pniriaion for, asked bjumf .tW, SN
report on providiof tor 176, SM
discussion on pa;r of •uny 8B0, SB8, Sas, tn, 403, 4M
•mount of Jf4
Haieaehuietts oppose* eoBmatatJoo of. .SBT, 061
proceeding of States in regaid to ....JM, 6W, STO
of the President..m, 74S, 773, S60, 1160, ISIO, 1334. 13S7, 16M, ItM
that of Presideat not to be increased or diminished daring his
term .783, 743, 788, 1310, 1334, 1287, IU4, ISM
of Preeident to be paid out of the Nfttiontl Treasury IIM, 1310
of eleeton of President 1 161
of the Senators .... 732, 789, 8GS, 854, 869, 069, 1020, 1221, 1S», IS8S,
1S36, 1647, 16n
of Senators to be paid by the States .603, 970, 1381, 183t
of the Representstives. ..731, 739, 849, 809. 081, VtS, 1331, 1381, 118B.
1836, 1H7, 160*
cf members of CongreM to be ptidont of the National TreBaii)y...850,
868, 881, 9», 1837
ofmemben of CoDgicsa to be paid by the States .900, ttS, 1381
bow that of membenof Congreia should be filed 1386,1838
thatofJud^ 788,704, 860, IISS, 1234,1388,1486,1056,1618
no increase or diminution of that of Judges during their tenn.7tS,7M,
660, 1136, U34, 123S, 1487, 1666, 1618
INDEX. CXCTU
FEACE— Continued.
conduct of the American Commissionen towards France in
negotiating 881,390,405,408
news of signing preliminaries 407, 437, 507, 515
proclamation of. 487, 624
peace establishment 482, 54S, 561
members of Congress may be arrested for breach of .788, 1280, 1547, 1609
when troops may be kept during 744, 1239, 1865
ought not to depend on the Executive 762
eases affecting national, to be tried by National Judiciary. ...855, 1 1.38,
1224
to be made by Congress 1858
PENNSYLVANIA
said to be unprepared for Declaration of Independence 10
but this dented • 18
Yotes against it •« .17
but afterwards in favor .' 17
votes for inhabitants as the rule of taxation 82
adopts vigorous measures to afford relief to Congress 49
enlists her line for the war 78
patronises Vermont 122
opposes land claims of Virginia 188
her contest with Connecticut 147, 152, 245, 476, 486, 491, 496
her delegates in Congress, November, 1782 187
proposes to provide for public creditors within her own State 199,
217, 289» 295, 818, 488
new State within her limits proposed 115, 486
proceedings relative to goods sent to prisoners under passport 270,
885,849
petition of some inhabitants for new State 282, 500
controversy with Virginia about territory 882, 500
large amount of public debt held by her citizens 812
complains of obscurity of ordinance about piracy 819
desires to confine Virginia within the Alleghany 465
proceedings on system of revenue proposed by Congress 562, 568
proceedings relative to Spain and the Mississippi 628, 629
proceedings relative to stipulations of British treaty 639
ari>itrary conduct of its Colonial Governors 785, 786
violates the articles of Confederation 897
proceedings relative to meeting at Philadelphia 569
proceedings in regard to Federal Convention 616, 642
sends delegates to the Federal Convention 721, 728
proposes General Washington as President of the Convention 722
objects to equal vote of large and small States in the Convention. . .726
desires a proportional representation in both branches of Congress. 959
proportion of electors of President 1150, 1 152
prqKntion of representation in the Senate before a census 737
PENNSYLVANIA— Continued.
praporlion of rt[irHsemition in (lie Hotwe orllepreMoUtiTei be-
fore a census 788, 1052. 1067. 1107, 1222, 122T, 1S44
proceeding of Legislature on the Federal Constitution, ..649, 666. «m
opinions thereon IbeFEderal Conilitution 649,654,670
ratifies the Federal Constitution 807
PENNSYLVANIA TROOPS
mutiny si Marristown in 1T8I 7T
deliver up a British emisauy • 78
mutinous conduct towardl Congress 460, 462, 463, 465; H3. 650.
531, 554, G56, GS7, S69, 573
PENSIONERS
diAqualiGcation of, as memben of Congress .1217
PEOPLE
to elect the Kepresentativen 731. T53, IMO, 1227, 1544, 1605
of Ihe sevenil Stules to »«lify the Conatitulion. . . .788, 795, 1177, 1225,
1560, 1623
ought (o be represented iu the House of Be preaenta tires 754
to elect the Senator TBS
to elect the Executive 766, 7ff;, 771, 1120, 1124
of the States establish the Conslitution 1226, 1213, 1643, 160S
their sen lime nta on the new Conslitulion B78
FEBSONS
as to them, bb rule of tudtion under the Confederadon ZS, 331, 376,
421
it is contended that this ihould include aUves .....29, 260
to be reported by States to Congress 326, 507, 514
PETERS, HICUARD
drieeatein Congress from Pennsylvania 48S
proposes pledge of secrecy in certain cases 20
proposes application to France fur further loan ,,...254, 266
considers impost the only pmclicable tax .250
mentions determination of army lo have their pay provided for 8M
remarks on conduct of American Cammissionetaat Puu SM
in favor of disbanding the army 4S5
urges increase of salary of Secretary of Foreign Affain 4ST
remarks on cessions of public lands 469
confers wit)) Evecutive of Pennsyh-aaia on mutinous coadnct of
troops 462
PETITION
of Col. Laurens to Parliament 1T5, 177
for new State within Pennsylvania 332, SOO
PIERCE, WILLIAM
allends the Federal Convention 75S
in favor of a representation of Ihe people in the KmiM of Repre-
sentatives 807
in farutof Ihe SUfes being represented in Ihe Senate S07
proposes three years as Ihe senatorial term 8}1
J
PINCKNEY. CHARLES
ll
1098
.762
,77»
■ hU general views on the nature of a Constitution, the position of
the pcopie of the Union, and the objects to be sought 645
propoBei IS s compromise between Ihe large and amali Slates lo
tbein „ lOlT
not aaliafipd with Ihe proposed compron&e between fhe luge and
oppMM increase of Executive power.. ^.
proposes that no person shall be PretJdml lor more than six jeara
in twelve
i2oa
1278 •
1039
11)85
.1218
121S
IXSB
1321
1484
1279
1304
1351
1359
.1363
isee
.1392
blacks and whites aliould be counted equally
opposes a provision to disquijify persons having unsettled
desires a properly qualification for the Executive, Judiciary, and
« tnenibert of the Legislature
wishea the ineligibility of members of Congress confined toof-
objectsto Congress altering the Slate regulations lelttiTe lo Ihe
alection of meoibersof Congress
be restricted by those adopted by tha Stales
propotes to vest the power of dec la ring war in the Senftte
proposes to vest Congress with power in regard lo a seat of Got-
motiou of science, public debt, letters of marque, and stagh
think* Congress should hsre power to regulate the miliUa.
opinions of the Judges, the writ of habetu corpus, Uie liberty
of the pren. troops, ineligibility to office, religious tests, and
^^^&
et INDEX.
PINCKNEY, CHABLES-Conanued.
■uggiMU B prohibltton reliLtire to presenia and titles IMS
ndvocala* a negative in Con^reas on Stale laws WOO
auggesli a provision relative lo Eiupenditig tlie writ of hftbeta
..1441
proposes a provitioQ for bankrnpfciM and protested toUa of
excliange , .- ..,. — 1448
thinks DO navigation act slioiilcl be passed without two-Uutda 14H
views of the commerce between the States lUO
approves of a prohibition of a religious teat 1468
deiirei a right to Congrua to negative Stiite laws.. ■ .621, 11 IS
prefers the appoiDtment of Juitgrs by the Legislotttrt S55
Ihiuks the Judiciary sinuld uol be blended with the Legulature
in tbeit fimcli-inB 18M
views as to appointments IITS, 1G19
proposes that t^igitive slaves be delivered up 1417
thinks un&nimous ratJGealioa of the Constitution by UiG fitate*
should not be required,. 797
signs the Coniititulion 16tS
PINCKNEY, CHARLES C.
attends the Federal Convention : 721
doubts whether Constitution should deviate far from the Cou-
federaUDQ ,. 747
desires a more elTtwIive govetnmeiit 748
proposes beven years as the Executive term TM
disappi'ovei of the impeachment of the President by th« Legis-
Wnre 1156,1199
thinks the Senate ahouldbc pennonenl and independent 819
tUnhs the Senate should he chosen by the Stale Legislature* 819
ptoposes that Stales should be cUnJfied and represented in the
Senate nocording to (beir im|>ortance 8SS
urges four years as the Senatorial term 960, 961
wbhes the Senators should receive no compensation ..9G9
wishes Senators lo Ite eligible lo State oSices 9n
proposes that the Representatives shall be elected by the Stita
Legislatures 800,809, 9!S, 937
opposes exclusive right of Ihe House in r^ard to money-bills 867,
1266
objects lo tnaking the Ilepreaentatlves ineligible to Stale offices, . ..9S9
ooDaidera the origination of money-bills by Ihe House of Bepre-
sentatives unimportant IMS
contends for the Soathem interest, in fixing the proportion of
representation lOM, ID67
think! that in fixing repreaiinlatlon by numbers, blacks Mid
whites should he equally estimated I06T
in favor of fixing the tame rule for representation and direct
taxation 1080, 1063
INDEX.
CCl
PINCCNEY, CIUEI.es C— Coniinaad.
reqtdrtB ■ guaranty relative to the emancipation of ilavei uu)
duties on eiports 1 187, 1447
Tcmarki on the power or Congresa to raise an army 13G0
tliinks Congresa should Have power to regulate the militia.. .1361, 1363
vietn on the provisions in regard to slaves 1 1ST, 139S, 1427
proposes a regulation in regard to tr^de between the States 1431
objects to a reitriction on the increase of the compensation of
Judges 1481
approves of prohibiting a religious test 1488
wiihe« a ipecilic enumeration of the powers of Congress 760
doubts whether there should be a power to amend the Constitu-
tion 796
sigiu the Constitution 1628
PIRACY
Judiciary to have juritdiction over 733, 8S1, 866. 1B56, 1B18
Congress maj tegialite upon 740, 1232, 1660, tSIS
PLAN
of Union, proposed by Mr. Madison 714
of Constitution, proposed by Mr. Randolph 71B,73I
of Mr. Randolph discussed 746 to S5S
of Mr. Randolph reported, as amended 358
ofMr. Randolph, as amended, reportedasthebuisof the CoDBtitutiiHi.904
of Mr. Patterson prepoaed 863
of Mr. Patterson rejected B04
of Mr. Patterson referred to the Committee of Detail 1324
of Mr. Randolph and Mr. Patterson compared S6T, B84, S93, 896
of Mr. Hamilton 890, Vol, 8, {AppnTulix) p. irvi
of Mr. HamillDn discussed 878
of Mr. Pinclcney 736, Vol. S, {Appendix) p. v
of Mr, Pinckney referred to the Committee of Detail 1225
Federal and National contrasted 748,863,867,876,893
as adopted by the Convention, in a series of resolutions referred
to H Committee of Detail 1320
of » Constitution, reported by the Connnittee of Detail 1226
of s Coostituti DO, reported by the Committee of Revision IIMS
oTa Constitution finally adopted by the Convention 1608
of compromise between the lu^ and small States on the subject
of representation 99T, 1009, 1017, I02B, 1024, 1040, 1043, 1096,
1110, 1495, 1601
of throwing the States into one mass, anil dividing them again 870,
886,908
PLURALITY
of Executive discussed 762, 779, 781, 865, 872, 875, 1119, II89
POLAND . . 889. 1199
POLICE
that of the States ought not to be interfered with 1116, 13M
115
ccii msfez.
POLLOCK, OLIVER .480
POLL TAX
to be in proportion to inhabilanU .741, 1066, WIS
PORTLAND, DUKE OF .M* .
POSTS -
llione held by British OO. 461, S32. S38, 668
POSTAGE
Id be oilowed in accounts of Foreign Mioisten..... SSI
POST OFFICES
may be esubllsbed by Congreu 740,663, 1232, 1G49, IS11
POST KOADS
may be established by CongrcM 740. 1549,1611
regulation of State* on (hem 1865. l»«
POTOMAC
banlis of, proposed for penniment seal of CongrMg 676
navigation of BUS, 660
POWERS
distribution of. by the Constitution .747, 859, 1 147, 1230, 1226, 1343, IB4S
of CongTe9s....732,739, 741. 739, e)59, B63, S91.B92, 1109, 1116. 1221.
1332, 13R3, 1366, 1370, 1486, 1649, 1611
of the ExeruUve.... .762,860. 891, 1142,1224,1236,1487, 1566, 1617
of the National Government should be atrictlj limited SOS
States seeliing lo increaae tlieira JSSO
PRAYERS
proposfd in the Cofirention 986
PRESIDENT
of Congress elected 187, 47S
of CoD|^s8 BummoDB it at Trenton 467, 551
Cyrus Griffin elected .666
of Pennsylvania, bis conduct in regard to matinjof lnN>pi.463, 466, 661
PRESIDENT OF THE CONVENTION
General Washington chosen .7X2
to decide qneslions of order without appeal or debate .736
PRESIDENT OF THE UNITED STATES— See Execptivb.
PRESIDENT OF THE SENATE
to fill the vacancy in the Presidency .748,1237, 1419, 1434
bow chosen 1 329, 1279
. to be ■ member of the Eiecutive Council ia68, IS99
his vote on Ibe election of President 1419, 1420
the Vice Prcsldenl to be 1487, 1616, 1646
PRESS
liberty of, not to be abridged T41, 1M6
PRISONERS
treatment of. by BritWl .68
by Frencb 85
iin>BX.
ccui
PRISONERS-Contbued.
pMnl excbauge propoted by SnUsb IGT, IM
ditcuuioti in CoDgreii un principle to ba iik^Ud on aadunge
of 189,263
icltleiaeDti of tbetr accoanU '. IM
alloKed to hire th«mMlves 229
goods to be aent to, under pawportt : 270, ias, U9
discharge of. 437, 410, 443, 4S0
PRIVILEGE
of RepreaentaUrei and 8caatora.T36, 1230, 1385, 1365, 1493, 1547. 1609
of babeas corpus when suspended 741, 136fi, ISfil, 1613
of citizenjincu:b State to be extended to fhem in tbs olb«rs.T4B, lUO
1559, 1620
PBIVy COCNCIL— See Council, Emcutivk.
PROCLAMATION
hj Cornwallii B8
Ub effect on public lands of Stales 119
of Britiih on cessation of hostiUliei 48T, 6U
^ of Congress on cessation oThortilities 437, 43B, <S9
for meeting of Congress at Trenton 4BT
PROHIBITION
[□regard (o the migration or importation of slaves 1234,1261, IS3S,
1651, 1613
on certain acts of the States. .. .744,1239, 1261, 1442, 1443, 1552, 1614
in tegniA lo a tax on elporta. . .741. 1090, 1187, 1ZS8, 1261, 1389, 1382,
1551, 1613
in regard to the emission of bills of credit, 1S44, 1443, 1552, 1614
hi re|;anl to attainders and ex post facto laws 1399, 1551, 1613
in reganl to presents and titles 1408, ISSl, 1613
on Congress.. 741, 1234, 1365, 13S8, 1398,1399, 1412,1415,1427,1431.
ISfi], 1613
ontheSUtei 744, I2», 1895, 1481, MSS, 166>. 1614
PROMOTION
according to districts opposed IIS
of Major Burnet proposed 869
of science by Congress 1355, 1495, IS49, 1611
PROPERTY
substituted for money by Stale laws under Ibe Confederation 71S
qualification for members of Congress 971. 1020, 1211, 1229, 1292
that of tbe States should be represented in the Senate 993, 1023
should be represented in the House of Representatives as well as
number! 1033, 1038, 1069, 1072, 1031
qnalilicntion for electora of Representatives 1349
qualificalion for the Ezecative 1218, 1288
qaaUficaHoii for th« Judieiwy 1318. 12SS
PROPORTION
of reprHrntnlion in the Leglilaturc to be Bccording to contribu-
Uot) TSI, TSO. 779, 836. 1038, 1002
cf npTMeatition in (be Legislalore to b« accotding to the duuI'
bar of inh»bilaDtB 781. 737,7^1. 760. 779, 838. 889. B«4, lOS*.
1033. I0S2. 1064, ItOS, 1223, 1228, 1233, 1M4, 1S06
of Senatora to b« fixed by the Hepreseotntivea altera ceiun»......74-»
of representation to exist in the Senate as welt as in Uie House. ■ ..7S8,
109B, II 02
of repreientKtion to be tbe same in both Houses S4S. ew
of M&tribulioa to be the number of freemen and tbree-filUls of
^esltTU ,.£«*, loss. 10G2, 1056, 1083, 1103. 1223. 1233, 12SI.
1544, 1606
irbetber it ou^ht to exist in the representation 674,983,^4,979
of representation of the States in (be Senate should be ucclrd-
ing to their property 998, 1028
of representatives to be one for a certain number of inhabitants. .1024.
1083, 1052, 1SZ8, 1262, 1544. 1606
of repreientatioD in the Home of Representatives according to
property 1033, 1069
of representation should be- dilTerent between the new and old
States 1034, 1073
of represmtation in the Senate to be equal among the States 103t.
1046, 1096, 1109, 1323, 1238, 1545, 1607
of repreaenlation In the House of RepreKentativea before a eeo-
sua 736, 1052, 1067, 1107, 1222, 1227.1544.1606
of repreaeatation in the House of RepresentaCivea 864, 1033, 1038,
1062, 1064, 1223, 1227, 1262, 1632. 1541, 1603
of repreKntatian and direct taxation to be the saiDe..l080, 1086. 1108,
1223, 1233, 1261, 1544, 1606
of taxation before a census 1087, 1090, 1108, 1877. 1S8I
of representation to be reguiated by a periodical cenaui . .736, 741, 744,
10S5, 1052. 1063, 1064, 1078, 1091, 1108, 1223. 1227, 1233. 1544. 1006
of electors of the Executive among the States 1149,1153. 1486.
1512, 1GS3, 1614
PROTECTION
of the States against foreign and domestie violenee 729,740, 74S,
1189, 1225, 1241, 1466, 1659, IB2l
PROTEST
of Senators ,. .,..U9t
PROVISIONAL ARTICLES
discussion on nitiGcation of. 440,448, 62S
PUBLIC LAND— See La»d.
PUBLIC DEBT— See Dxbt.
PUBLICATION
of pioeeedinjj^ oT Convention provided agaiut 717, 718
of journal of bolh Hoiue* of Congress 73», ISM, IMS, 1H7, 16M
INDEX.
PCBLICATiON— ContiaueJ.
wbcD [hit of the jooroal of Cwtgtaumiy twomiUed 739, ISSO
1292. 1299, 164T, 1608
PDNIBHMENT
of offences it s?a 710, 1232, 1347, Ifi&O, 1613
of counterfeiting 740,1232, 1347, 1W9, 1611
of offeacea igaiost the law of Utioil* 740, 1232. 134T, 1590. 1612
oftreBTCD 741,1233, 15B7, iei9
of oBences sgaiiut the Conatitulion lo be adjudged in lh« 6tate
courts e«4
of persona convicted OQ impeach meat 1289, IMS, 1606
of breaches of the privilege of CoDgren , I86G
PUBCHASE
lo be made in the States with their sweat 1496, lUO, 1611
FDR8E
not to be united with the iword 811
QUALIFICATION
of President 1398,1487, 1616, 1854, 1618
of property for the Freiidanl 1213. 12S8
of ScDBton 732,861,868,969,971,1211, 1221, 1229, 1273. 12S2,
13U6, 1G15, 1607
of repretenUtive*.. 731,736, 767.851,858,936, 1211, 1221,
12Z7, 12S7, 1182, 1289, 1544. 1606
ofelectoisor Rep>«Mntstiveg 736, 1237. 1249, 1U4, 1606
of Representatives (0 be jud)i;ed of by the Hoase 738. 123U, 1546,
1608
of property, for electors of HepreaentatiTai 1249
of property, for members of Congreu 971, 1020, 1211, 1229, 1288
of membera of each Houa' to be judged by itself 1280,1946, 1608
of property, for the Judiciary 1213, 128S
no religious one lobe required 1366, 1468
QUORUM
under Confederation, aeveo States required. -> lOS
of Federal Convention to consist of seven 8tatet 724
ofeachFoUK, amsjority 738, 1229, 1287, IStf, 1608
during an elecUon of President bj the Home of RepretentatlTes . 1511,
ISIS
of the Senate when acting on treaties.. IS27
QUOTA
of each Slate under the ConfederaUon 28
proposal to regulate it by number of whites 28
this proposal debated 28
rejected 82
fixed by (he number of inhibilants except Indiana 81
ought to l»e punctujOly collected tl
Congress have no means of enforcing its payment 83,693
compulsory ones luggeiled j 87
•CTl IMSKZ.
QUOTA— CoDtiniMd.
ptopoMd lo fix it by viliMtian of hod.i'T.v Ill
D^Mt of StatM to p^ it 1«^ in
igiin apportioned by Coogrew unoog tbe State* ITI, 184, 4n
nupltuof, to be credited at caitunrmtei S07,4B4
rariuoti o( propoeni SU.Ml
dianuBioD »i to mode of fiziog SSa.sm.Ul.sn, 4IT,4St,
411, 4S1, 4Se, SOT
Viiginii unablfl topaj^lten S8S
propoaalof abatemeat in certain caiei 3M,4U
RAMSAY. DAVID
- «iTor in his hiBtoiy 4
repreaenti South Carolina in Congreu 1B7
propoiea conditioiml exchange of Cormnllit ibr Colond U.
Laoicni IM
praiies General Greene. S6S
advocates publication of negotiationi relative b> confiicatiooa and
Britiih debt! XM
advocate* eetabliehment of permanent revenue 1ST,S11
oi^ioaei military force to retake goodi leiied nbile under ptN-
port MS
advocalei limiting duration of impoit S4T
BANDOLFH, EDUUND
ia written to b; Mr. Hadiionon pubUc a&in JO, III.IIS, 121 to
18^ 4M to Wa, 608 to GM
hii resignation..... 48T
doubts power of Vii^nia to repeal impoet 496
faton it* re-enactment SOt
^tpdnted a delegate to Annapolis in 1786 6SS, WT
Mceires from Ur. Hadiaon remaiks as to plan of new Federal
ConstitntioB Ill, 714
hi* attendance at the Convention urged ■ BS
IVDBZ. CCTU
RANDOLPH. EDMUND— Continatd.
oppoMt a fiDgie Executive 78S, 779, 787
oppod^ an increaie of power in tlie PreaideDt 788
opposes an absolute negative in the President.; 789
desires some provision for the impeachment of the President 1197
vievra on the election of President 829, 1148, 1489, 1492, 1600
wishes tbe Senate to be much smaller than the House of Repre-
sentatives 7 67
advocates seven years for the duration of the Senate 862, 960
wishes a provision to supply vacancies in the Senate 1268
objects to the Vice President being President of the Senate 1617
prefers biennial election of Representatives 928
objects to the payment of the Representatives by the States 982
urges a provision in the Constitution, to require periodical
apportionment of representation 1064, 1069, 106S, 1066, 1082
advocates the ezclosive right of the Representatives, as to
money-bills 1268, 1272, 1297, 1806, 1318
opposes a very long term of citizenship lor members of Con-
gress 1276,1299
objects to fixing the time for the meeting of Congress 1247
wishes a provision, to compel the attendance of members of
Congress...! 1290
objects to the expulsion of a member of Congress by less than
two*third8 129 1
thinks any one member in Congress should call for the yeas and
nays 1291
proposes that Senators should enter their dissent on journal.. 1292
approves of ineligibility of members of Congress to office.... 1826, 1488
is willing to except offices in tha army and navy from th« ntle,
as to the ineligibility of memben of Congress 1826
does not like an absolute prohibition of Congress to issue IhUs of
credit 1845
prefers the regulation of the militia by the General Government. .1406
wishes a provision made for the State debts 1416
views as to a provision for the debts and engagements of tbt
Confederation 1401, 1426
objects to navigation acts being passed by a majority I46i
disclaiming a wish to give too great power to the National Legis-
lature 760
his views on the mode of appointment of the Judges 1188, 1172
approves of inferior national courts 1187
opposes a removal of the Judges on application of Congress 1486
prefers the definition of treason in the British statute 1878
advocates a guaranty to the States of republican institutions,
and against violence 1189
■nggests the appmntment to some National offices by the State
authorities. 1422
BAKDOLPU, EDUUND-CoDtUoed.
propoM* • proTuioD u to th« eS^t of l«giaUtir* ihd jn^ieUl
tetfof one SUte in ttiBothen IIM
pteftn the •ppointmcnt of kiiim olBccr by Congreu to fill a
TkctDcy in tin Encntiv* ISM
«dToeatM unaDdaieDts of the Conititation witboat usant «f
CongreM 844
dsiirei a rmtificttion of the Constitution by Couvcntioni of the
States 909,1178
tbiiiki the final nitificatkin tbould be reEirml toaMCondQcM-
nl Convention lUS
hi* diuent to the Conititation 14BS, 1476, 1480, 1600, IHl
BATIO — 9m PaoTOKTion, RKnusKTATtOM.
BATIFICATION
cfti««ty with Dutch 2S8
of proriiional ulicleB 440,441, BSS
of treaty with Sweden Ut
of artidei of Confedention ...e»
of the proceeding! of the Convention at AnnapoUi, to be by
CongreBS 695
of Fedenl Conititntion 611, 6SS, 709
of the Coutilution to be by Convention in the State* 7S5, 746, 795,
840, 861, 879, 1177, I2ac, 1241, 1468, 1686, 1560, 1621
of Iba CoQititution by the State Legiilaturei 798, 909, IITT, 1473
nnnber of States required lor it 797, USO, U41, 15B8, 1580,1619
of treatiei 1412,1518
BEAD, OE0RO£
^pointed Judge of the Court of Appeals SM
spoku of ti Becretaiy of Foreign ASain 2S4.4lt
■ttendi the Federal ConTenfioD TH
deeirei a goveniment more effbetive than the ConGideiatiDn .749
withes a atrong National Government SOT, 844, 96^ 989, 990
IVOEK. CCIX
READ, GEORGE— Continaed.
oppoMS the amiMion of bilk of credit by Congreti IMS
rtmarkf on the power of Coogrese orer the militia 1S64
is in &Tor of a compromiae relatiTe to exports and slares 1896
thinks the courts of law and eqoitjr should be distinct 1485
thinks the Treasurer should be appointed like other officers 1847
signs the Constitution 1688
READ, JACOB
views as to mutinous conduct of troops at Philadelphia. •'. 466
opposes Philadelphia as seat of Congress 066
REBELUON
Congress may subdue 740, 741, 1189, 1282, 1849, 1467, 1641,
1660, 1612
habess corpus may be suspended during 741, 1441» I66I9 1618
RECALL
of members of Congress 782, 861, 1820
REED, JOSEPH
deputy from Pennsylvania on the trial with Connecticut 476
RE-ELIGIBILITT
of the President 788, 742, 762, 766, 779, 860, 1124, 1129, 1141,
1188, 1195, 1202, 1210, 1224, 1286, 1417,1420, 1489, 1498, 1607
REFUGEES 86
murder Captain Huddey 98, 168
preceedings in regard to 448,451, 452, 464,515,666
sent to Nova Scotia •• 146
proceedings of States against 264, 860, 497
RELIGION
no law on, to be passed 741
no test oC to be required 1866,1468,1560,1622
REMOVAL
of the President 748, 776, 779, 865, 872, 1158, 1210, 1224,
1287, 1484, 1488, 1528, 1654, 1616
of heads of Departments 1869
of the Judges 1869,1899, 1486
in cases of impeachment. 1580, 1546, 1607
REPORTS OF COBOOTTEES
on mode of enforcing contributions of Ststes 88
on raising and collecting revenue 94
on cession of public lands 102, 107, 166
on affkirs of Vermont 121, 196,209,214
on case of Captain AsgiU 191
on proposal of Pennsylvania to pay public creditors within the
Stale 166,216
on nJariea of fbraign ministers 200
00 escbangeof Comwallis for Colonel Laurens 208
116*
en iHDBz.
EEPORTS OF COMMITTEES— ContiDood.
on nts of dcpreciattoQ of paper monef IM
OD vilumtioD of lud u buii of penuMnt nvcnua .l49,IIS,tl4,
asi. tn
on tba cnibWTMinl lUta of the Treuniy tU
■^liDit incnua of foreign la«ni sas
' on erron in tnnacribing treaty with the Dutch WT
in fiTor of purchasing books ..Mi
REPORTS OF DEBATES
chiTBcterof Mr. UadiBOTi'i I, 7I<
Mr. Hailiton's mode of talcing Uiem TIC
on Declaration of Independence i,t
on rule of taxation ander tbe Confederation M
In Iha Congress of the Coniederation from 4th November, 1TB3,
to lUt June, 1788 1BT to 4n
tn Ibe Congress of the Confedention from lEHh Febiuary, 1TS7,
to IBth April. 1787 581 to 614
in the Federal Convention &oin 14tL Haj, 1T8T, to ITIh Septem-
ber, ITBT ni to 1624
REPHESEKTATIOM
Mr. Madison^ views of wliat it shovJd be nndar the Fedaral
ConstituUon 6SS. «S4
latio of, in the House of RepreaentatiTei. T36, TST, 760, TT9, SM.
836, 641, 8i», 918, 9ii, 10B2, lOST, 1108, 12ia, 12ST, im, IST9, 1497,
16S3, 1641, 1644. 1606
whetherit should be difterent in the Constitution and Confeden-
tion 761,869,974,977,979,1017
Delaware iniUts upon an equalitj of, among the States. . .761, 761, 8a6
ought to be in proportion lo the number of people 714, BOS, 80,
899, 874, 903, 916, 1066, IIOS, IISS, 1257, UtS
that in IheSenatethouldbeproportionalas wclltsin the House. .,TS8,
613, 814, B60, 9U
BEPBESENTATIOIf— Continued.
of Um State! ID tlM Saute iboiild be aModioE to tbclr pnipcrij. . MB,
1018
ooght tobeiD proportion to property lOSt, lOBS, lOM
ou^ tobe apportiDned by ■ periodicel eeuoi 7M,T-11, ttt, IMS,
lou, io«>, io«4— lora, losi, iios, lais, im, iiu, ism, iwa
wbether then abonld be a dutinction between the new and oU
StatM ins-l, 1053, lOTO, IDTS, ion, 1096
of the political chancier of tbeStalM in the Betitta tSOe
MPHESENTATIVES
tleetion of, by the people 791, 788, 7U, 7U, 808, 858, 890, 9M,
lESO, 1237, IB44, 1608
to b« elected by the State LegulatoiM . . . .758, 756, 800, 8SS, BSfi, 1009
tenn of. 711, 7S8, 846, 868, 890, 938, I2», 1337, tH4, 1806
■8* of. 7S1, TSe, 848, 986, 1331, 13ST, 1544, 1008
qnalUeatiuitof. 781,788,757,858,601, 1311, mi, UI7, lt57,
1383, 1544, leoe
ennpeiintion of 781, 788, 858, 911, 989, 1311, 1181, 1547, 1609
inalijiibility ct, to office .781, 788, 850, 858, 987, 989, 1321, 1280.
1117, 1479, 1481, 1647, 1909
R-alcction of. 781,851, 858
KcaUof. 713,881
Bay originate aeli 783, 1311, lltl
to bim a biuK^ of CoagnaM 781, 186, ISM, 1118, 1B44, 1606
qaali6eationi of elaeton of 786, 1337, 1349, 1544, 1606
numbn of, baCm a cennii. . . .786, lOBt, 1057, 1107, im, 1337, 1644,
1806
htore number of. TST, 750, 779, 816, 955, 1015. 1016, 1053, 1064,
1083, lltl, 1838, 1338, 187S, 1497, 1583, 1S41, 1608
to orifinate mMey-biUl 787,855,1034, 1041, 1096, 1100, 1338,
1318, 1366, 1397, 1806, 1880, 1180, 1494, 1580, 1548, 1809
to pONCM Iba power of impeachment. 787, 748, 1156, 1338, 1899, 1546,
1806
to chooM their own Officer* 787,1338,1047.1608
tochooaa Senator! 783,787, 744
their election to be repUated by flie State! 788, 1119
to Jndge of the election, qnalificatkiii. and return of Qieir mem-
ber! 788, ino, 1646, 1608
• BiBJoritrof, tobeaqnoran 7*8. 1119, 1547, 1609
tbeii privilege! 788,1110,1865
ta keep and pnbliih a jotunal 789, 1380, 1547, I60S
cannot adjoorn beyond a certain period, or to another place,
witbmit ttia auent of the Senate.. .7», IXO, 1390, 139S, 1647, 1665,
1609, 161S
may nptM leti ntunwd by the Praaident. .789, 1334, 1381, 1548, I60ff
their ganarallagialatlTepmrar 789, Ull, USl; IMI, I«1I
IbairBpeBkvtofilldMTaeweyinthaPreaideDey .T4S
CeXIt INDBX.
BSPEE8ENTATI1E8— CoDtiiiued.
' ibaU ^{MitioD tb* 8wi»tan afltf a Mnm ....T44
wlutlMi-tlHrr oogiil to> piopottiaul unong Om StaMs. .874, B18, 910,
•T4.9n.ioa
not Id b* •lecton of Fntiduit IIO*
|....j-rfy yi.li<i|..ti«ii. nf ....IZIt, U8t
neuiciN of, nipplitd 1S18, IIM, U4B, 1W6
ptCTicu termofcilueMliip lUT, llBflt 1H4, IBOS
Dia; reqnira tba opinion* of tlio JodgM 1S6S
numbei from ttie largv State* to b« limited 1ST9
to cbooM the Prraideat IMI,1B1>
lo puticipkia ia the treaty power ISIS
AntdectJoDo^ umlar the new CoiMtltatUD 1441,1479
BEFBlSiVlt
putad by Freiident .74S, lUT, 14SS, lOOS, 1087. 1817
not to extend to impeechmeiib 74S, 1297, 14n
SKFRI8AL
MtanoT, not to be gjuted by e 9t«te .744, 1999, UU, 1914
power of Coogreei over letlen of 1SB6, 1908,1404.1949, 1911
REPUBLIC
flu (jftem difcredited by iti defective levenue 09
•btmof the biendeoT, towerde the eloeeoftbe CoDfederetioii .719
But be the beeii of our inetituttaiie .711.777.919
Koanilteed to each State. . . ..754, 794. 844, 891, 1199. 1S41, 1986, 18S1
Onfit for an extended countiy B8S
liable to intiignei of foreignen 888
fiite of that form of gOTernmeut involved in the daciiioii of the
Convention M9, 1018
RBQUISITIOIfS
of Congreai on Um SUtM 49,99.a>a
cannot be enfoiced 89
meant of enforeing them .............87
• ••
IKDEZ. CCXIU
■
RESIDENT— Continued,
SeDiOon moft be 7S7, 1119, 1879» 1648, 1007
a member-Of Congress under the Confederation need not be .901
President to be 1196,1487,1854,1610
RESPONSIBILITY
of eich depertment of Goyernment to be preserved. 810» 811, 1119, 1181
of Executive lessened by a Council .781, 811
of Executive in making i^poiutmentf 1171, 1619
of the Heads of Departmeati • -• .*. . 1 869
RETALIATION
in case of Captain Uuddey 161, 166, 161, 186, 191, 471
mode of, discussed in Congress 194
REVENUE
necessity of a plan o(^ under the Confederation ••••••••JO, 691
that of impost duties advocated #1^ 111, 118
proposal to raise it from public lands IMy 161
a plan of permanent revenue proposed. . . . 289, 281, 808, 888, 888, 880,
871, 886, 408, 417, 499, 609, 614, 618, 616, 640, 870, 698
embarrassment in forming it ..•..610
proceedings of States in regard to it 661,668,666,668,698
its exhausted condition 610
cases of, within jurisdiction of National Judiciary .784, 861, 866
manner of raising it 888, 1486
provisions in regard to bills for 1806
objections to a perpetual one ) 1866
superintendance of plans relative to 1807
REVISION
Executive and certain number of Judiciary to possess the power
of, in aU legislative acts 788, 788, 787, 791, 809, 871, 1161, 1881
of legislative acts by the President. .789, 788, 790, 860,871, 1114, 1181,
1886, 1641, 1648, 1661, 1610
of State laws by Congress 788,746,761,811
of the amended draught of the Constitution referred to a com-
mittee *......1681
REVOLUTION
effect of American, in Europe 679
blessings of. ••••••••.. • • 706
RHODE ISLAND
address of Congress to, April lOtii, 1788 6
votes fw Independence 17
for making inhabitants the role of taxation 81
her Constitution published by Congress 94
opposes land claims of Virginia « 118
pays her quota of taxes 141
will not grant impost 146,171,117,114,808,478,448,480
her delegates in Congress, November, 1781 187
opposes fordUe measures against Vermont 114, 110, 480
ceziv usH.
BHODE ISLAND— CcmtliiuMl.
■tatement of loMi* tiuimitted to her -M4
.oppoM* eotomuUtioD of hftlf-pay » SXO,SSB
intereited ii^ general Kveoue ■ ..•••■Ml
viewi OD the conduct of Mr. HoweU .4M
Dumber of inlwbitMiti, ud proporlioD of contiibutioii ■■n8i.....>491
deiim to confine Virgioi* wJUiiD the Allegbuij .MA
votw igVBit ijratein of pennanent reviDue ^U7, HO
pncaedingi on tyitaiii of peimueiit raveniu u propMcd hj Con-
greu 561, Ml
aeedi commereid Tepdktiont BTI
newi H to Spain uidtbe Miwinippi ..Jl^Ml
qipointi delegate! to the Convention at AnmpoUi .TOQ
KfUict to aeod delegate* to tiie Fedenl CoDTantioo ttO, TOt
letter fivm, to the ConTentioB .137
proportion of repteeentatioa in the Home of RepioantatiTea be-
fbfeaccDiu* 786, lOSI, 10fi7, 1081, HOT, 1M4. 1«6
proportion of repreaentation in the Benat* befcn m cenmi 7S7
piopottiou of electon of Preaident lUft, IIU
opinjoof there on Federal Conilitntion Mt
RICHMOND
iDTaded by Arnold Tt
RICHMOND, DUK£ OF
reconciled to recognition of Independence 1*9
WCE 454
ROADS
eatabliihment of poat and nulitaiy, hj Congraia. .740, 1S41, IM*. Mil
regulation of atagei on them UN, IBU
plana in regard to IMT
ROOT, JESSE
deputed bf Congrea* to viatt Eaitetn States Ill
depuQr iroffl Connecticut on trial with PenniylTania. 471
IHDBZ. CCZT
RUTLED6E, EDWARD— CoDtimiad.
concan in it •••••• •717
recommtBdi Colond Morgan^ promotSoD. 64
RUTLEDOE, JOHN
repnMDti Soath Carolina in Congraaa. • 187
Toledibras Preaident 187, 41t
lemaika on Court of Appeala, under tlie Confederation Ifl
prapoaaa to give to military eommanderi authority to retaliate
for Tiolations of laws of war 184
QigM more precision in the orden of CoAgren to the Executive
Departments 187
views on a valuation of lands as basis of taxation 200, 808, 881
propoaes conditional exchange of Cornwallis for Colonel H.
Lanrens 806
ugas adjustment of a plan of revenue 224
oppoaes salvage for recaptures on land 288
propoaes to exempt American Commissioners irom control of
France 240
wishes to adhere to rule of proportioning taxation, as fixed by
the ConfederaUon 260,281
^>pointed to confer with Superintendant of Finance on arrears
of army... • 259
proposes that the negotiations in regard to confiscations and
British debts sUbuld be made public 264
qbjects to a general land tax by Congress 289, 286
views on general system of revenue 808
proposes tnat States shall be credited with duties they collect 808
remarks on export of tobacco by authority of Congress 828
proposes valuation of land be made by commiMioners appointed
by States 881
proposes military force to retake goods seized while under pass
port • 886
proposes to impropriate impost to pay army first 889, 848
proposes a tariff of specific duties 840
dissatisfied with report of Superintendant of Finance 888
remarks on conduct of Commissioners at Paris S91, 410
opposes including (expenses received by States in provision for
public debt 420
remarks on proportion of freemen to slaves in fixing contribu-
tions of States 428,484
advocates suspension of hostilities 427
remarks on completing cessions of public lands 446
appointed Judge on trial between Connecticut and Pennsyl-
vania. 476
in iavor of Philadelphia aa seat of government 677
delegate to Federal Convention, from South Carolina 621
attrada the Federal Convention 722
CCXVI IllDtX.
mnUEDOE, JOHN— CoDtiniiMl.
oppoM* u ■4jaiima«it of tba OoonDtlM wiSwal adopting
■omeplid IIU
inren ■ jingle BxccotJTC 191,719
tfunkl power of wu Ud pMce ihould not be ^nn to tik* tltd-
dent. .t.jnt
prapeaH ui election of the Pi«i)detit b]r the Senate TTO
lypoeed to the Prasident ^ipainting tbe Judgei 791
prelei* the election of the Preiident by the Netionel Legiab>
turn 11-19,1498
wiihee ■ property quelificatiaa fbr the Ezeeutiv*, Jndictuy,
uid LegiBlature USC
propoB» that the ballot in CongMU for the PreaidtDl be joint. ... I41T
propoaee a lepreaentatioo of States in the Sanate aeeotding to
their importsDce 81S
propoeei that Seoatoia shall have no pay 8U
propoaei an election of the Repreeeutativet by the Stat* Leg^
lature* .801, 9BS
wilhea repreientation in the Hooie of RepreaentatiTe* to be
proportioned to contribution 8S8, B4S, 1085
in favor of biennial election! of Reprnieiitativei 846
deiirei ineligibility of Repreientativei to oBice 948
wUhea repreHentation to be acconling to ipitjptttj, at mil aa
Bnuben 108B. lOTO
pnpeaee a periodical eeniui I0S5
oppoaea too large a number in tba Houie of RepreMatatJvn lOSS
wifbea it to b« provided distinctly that Congreai ihall meet
annually 17M
deiirea that the term of necessary i«sidence of a Representative
should be increased IISB, 1160
m of citiienship for membera of Congress. .1178, 1801
la to Congreaa altering the Stall
RUTLEDGE. JOHN- Con Umi»d.
opposes B provision requiring Iwn-thinla to pns9 i
nidation
oppoBcs any National Juilkinry that ia not mi^rcly «ppfliate 798
objects to the Judgei forming a part pf s Coundl of Revision 1170
propose! the aaiumplioa of llie Stale debia ViTiS, 18B7
Uudka controvenies belween Ibe States ahould be lell to tlie
Judiciary ; 14IC
object! to a division of tbe territory of a Blate v,-ilbout its eon*
tbinks two-thirds of tbe Senate ihoulrl be required to make t.
treaty 19H
, require! thai a motion be ina<le fhkt imendments of the Consti-
tution shall not affect the stipulation in regard to slaves IBM
prefpn to submit the Constitution to Ibe CongveM of tbe Ctm-
fedention, tiut not to require their assent to it 1S4I)
ngat the Constitution 1623
ST. CLAIR 466, 648,647
ST. MARTIN'S
violation of neutral right! there by the Brilith 61
SALARY— See Comfensatiok; Pav.
proposal to reduce that of Ministers Plenipotentiairy 200
of Secretary of Foreign Affairs inadequate 212, 214, 4S2, 4ST,
602,546
reduction of 697
SALT
tax (HI, proposed SD5, S07. 366. S86, 601
SALT FISH
drawback on 4ST
SARJENT 647
8ART1NE 78
SCHUYLER, GENERAL
spokeo of, a! Secretaiyor Foreign Affairs 234, 460, 4H3, 660
propose! Convention to revise CDnfcdenition 707
SCHUYLER, FORT
designs of British on 47
SCIENXE
power of Congress to promote 1S9S, I49S, 1S49, 1611
SCOTLAND
effect of union with England 34, 96, 8S9, 1016
BEA
felonjr ti, under jarisdiction of Jucli<^iar7... , 78S
felony at, to be legislated upon by Congress 740,1232, 1I4T, 1600,
1876. 1612
SEAT OF CONGRESS
diiciusions in regard to.64S, 664, 665. 667. S«0. BRS. 668. 572, 673, ^6
606. eSti, 67t, 6T3. 676, 740. 121S. 1210, 129S, 1494, I5SD, 1612
116
CCinU WDBX.
SECBECT
rf tha pKWtdiagt of flu ConnntHB. ;.T>7, 718, UST
€f tba piMMdingi of Cqugren IN, T», 9U, UWt, UM; ISM,
1M7, 1«8
gf the piac«*diiigi reUtive ta tmtiM U18
BKCRETAKT OF THE FEDEHAL CONVENTION
WillUm JwlcMn afected nt
S£CB£TARY OP FOREIGN AFFAIRS
Ht. LiviiigstoQ intendB to raaign SIS, 4SS, SOI, B4S
BECRETARY— ^Bm Hkum or DzrAniuicn.
SECURITY
of libeitTtobepcDiridedlbrbyttMConttitatioB Ill, IHI, IXW
SEIZURE
of gooiU on land, IDS
of good! under paMpoiti tTO, BU, U9, Sll
of Bpuiijh ptop«rtj SBB,i90
SEION ARIES
pcnrerof CoDgrm in regitdto ItM
SENATE
to be choMti b; tbe fint bruch of Am LegiiUtnn. . .m, TXT, T44, TVT
to b« choMU bj tba Stats LaguUtDni...7ST. SOS, BIS, SIB. ISSI, 1118,
IMS, leoe
to be cbraeo bj tha people 7SS, 814,880
ta be ippcunted by the Pre«ident S14, 1090
to be cboeen&om dutrietithiaagfaoiit the Union TBS, 818,890
to be ^tpcaiioDed bj the ReprcMOtatiTee inei ■ caiwia T4t
oa^t not to b« choeen by the people 7H
to be nomiiuled by the State LegiBlaturet TST, 7S8
munberof membaia beim aceoiu* TXT
munbarof memben nr, 768, BIS, B4S, IOCS, IISB, U»
number from each State 789, IISS, 1SU, 1238. 164S. I60f
States to be repreaentfd in, aeconiing to their importance..... ... ..Sg
niDEX. CCXIX
SENATE— CoDtinued.
ineUgibUity of it! manben to oOee . . . . .78S, 789, 869, 972, l«l, 1280,
1817, 1479, 1481, 1547, 1609
n-«lection of iU meinben 782
to chooae the President 770, 1487, 1489, 14M, 148T, 1000-
to eoDiist of persons of weaHh aai influeiMe « ,8M
«Dg^t to be able to resist encroachments of tte Executive 852
its duratioD should be for life, or during good behaviour 897, 890,
{jSppendix,) No. 6^ p. idr
to have a property qualification 971, 1020
not to be ineligible to State offices. « '. . . .972
tiwir liability to impeachment 1169
their incapacity to be electors of President 1160, 1568, 1615
vote in it per capita ...1185,1228, 1272, 1545, 1607
to have such property qualification as Congress shall provide. 1229, 1282
previous term of citizenship required 1229, 1278, 1545, 1607
to be separately convened by the President 1582, 1555, 1617
turn of Senators 782, 788, 819, 851, 859, 887, 890, 960, 1221, 1228,
154(^, 1606
whether the yeas and nays shall be required there 1299
to consent to pardons by the President 1488
cannot adjourn beyond a certain period, or to another place, with-
out the assent of the House of Representatives. 789, 1280, 1647, 1609
may require the opinion of the Judges , 1865
vote in balloting for the President 1417
to be divided into classes 7B7» 960, 969, 1017, 1221, 1229^ UTig
1546^1607
to choose its officers. 787,1229,1279,1545,1607
minority, a quorum 788, 1229
itaprivfleges 788,1280,1865,1547,1609
to keep and publish a Jounud 789, 1280, 1292, 1294, 1547, 1608
may originate acts 782
their power as to money-bills 787, 855, 1228, 1228, 1266, 1297,
1806, 1548, 1609
to try impeachments 1899, 1496, 1528, 1581,1541, 1546,1606
may repass acts returned by the President 789, 1281, 1548, 1609
ita general legislative power 789, 891, 1282, 1284, 1298
to declare war 742, 1851
to make treaties.742, 891, 968, 1284, 1881, 1882, 1526, 1525, 1555, 1617
to appoint ambassadors 742, 1284, 1409, 1555, 1617
to appoint Judges 742,798,1180,1284,1409,1555,1617
joined with the President in appointments 742, 892, 1181,
1185, 1171, 1487, 1519, 1555, 1617
to decide controvenies between the Statee about territory or ju-
risdiction 742,1284
Viee President to preside over it 1487,1516,1646,1606
SENATE— Conti nned .
flMir PratidBBt to fin flte ncukcj in the nMideney . . . .748, ISn, UU,
1487, 1B14, HH, MI6
6iBt electioa ot; nodtt the Dew CoDititutioB 1142, I47«
BEPARATIOK
of the Union BM
BEBGEANTS
mutinoiu coDdnet of 460,461,487, BTS
SEBGEANT, J. D.
deputy from PennsylTaoiain tritd with ConiweUcut ^^n
SKAT'S INSURRECTION 681,619, 620. 620,710, 729
SHEFFIELD. LORD
hii pamphlet on eomnietcial treaty with Brilish JW7
SHELBURNE, LORD
opposes Independence US, 169
his Tiews appear more favorable 171
difl^rence between his views and Mr. Fox's 179
■JDcerity doubted 408
views u fo commercial anangcmeot with America.... .M4
SHERMAN, ROGER
appointed on commiltee to draof^t Declaration of IndepeMlene*. ... 16
■ttend* the Federal Convention 746
objects to the ConstitulioD deviating too much from the Confeder^
atiou .740, 9SS
wishes til the powera of Government lefl to the Stales tlmt are
not absoliiteljr needed fiir the ends of the Union .801
disapproves of an unnecessaiy interference with the Southern
States on the subject of slaves tSM, 1S96, HIS
pr«fets the le^Ktative power remaining in a Congress .916
wishes a committee to sug:^^ some plan of compromise between
the large and small Statei relative (o representatioD 1017
wishes daily prayen in the Convention 9S6
V diicriminalioQ ii
INDEX. CCXXl
SHERMAN, R06ERp--CoDtiDued.
proposes ODe Senator from each State .789, 886
advocates the election of Senators by the State Legislatures. ..818, 819
wishes the consent of the Senate required in paidoas by the
Executive 1483
advocates an equal vote of the States in the Senate # . .886, 843, 918
proposes five years as the Senatorial term 851
proposes six years as the Senatorial term •' ; . ..960
-wishes a rotation in the Senate 960
wishes the Judges appointed by the Senate 1 131, 1183
views as to the Senate being joined in the treaty power 1518, 1526
approves of the Vice President b<>ing President of the Senate 1516
advocates election of Representatives by the States 753, 802
advocates representation in the House of Representatives in pro-
portion to the number of inhabitants 836, 1070
in favor of annual election of Representatives 846, 930
prefers an election of Representatives by the State Legislatures. . . .926
prefers a payment of the Representatives by the State Legisla-
tures 938,1329
objeeti to making the Representatives ineligible to State offices. . . .939
prefers making Representatives ineligible to National offices 941,
1322, 1482
objects to making the number of Representatives very large I06I
thinks that the time of annual meeting of Congress should be fixsd.1247
his reasons for introducing slaves into the ratio of represeata-
tion 1268, 1268, IliSS.
objects to requiring the yeas and nays in Congress 1291
thinks the publication of the Journal should be left to the discre-
tion of Congress 1293, 1294
thinks there is full liberty to make a discrimination between na-
tives and foreigners as members of Congress 1302
objects to reduce the ratio of representation 1533
remarks on the negative of Congress on State laws 824, 1410
views on the power of the General Government over the militia. . 1362,
1363, 1434
desires an absolute prohibition on the States in regard to paper
money 1442
views on prohibiting taxes on imports or exports by the States.1445, 1446
objects to a public provision for delivering up fugitive slaves 1448
objects to requiring more than a majority to pass a navigation act. . 1451
opposes exclusive right of the House in regard to money-bills 857
objects to fixing a rule of taxation before a census 1089
thinks that in votes by ballot there should be a mutual negative
in each House i, 1248
wishes a tax on exports prohibited 1842
approves of Congress assuming the State debts 1367, 1379
proposes the appmntment of Judges by the Legislature .856
CCXXii IHDCZ.
SHERMAN, ROGER— CoaUnueJ.
OppoMt a Ntliookl Judiciary that it not tppellale -190
ttiinla thsre it a diatinctioD betwesn treaaon againat the DniM
EtatM ud Um indiviitual Statca UTS
objacta to the Judiciarj trying impeachmenta 15S0
obJMli to interfBreDce of Judges in legialatioD .1915
objects to a geoenl bankrupt law I4B1
deairei d provision in regard to armies during pelM ...•.149S
thinks an; positive paohibition of a raligioua teat unaeeewwy 1468
thinks that amendmenb of the Conititution ahould b« aiMDted to
by the several SUte* 15M
prefers to lubmit the Constitution to the Congress of ths Cob-
federstjoQ, but not to require their asaent IBtt
view* on the mode of ratifying the Conatitation I4fl9, 1470, 1471
■igas the Constitntioo UM
SHIP
French, wrecked 16S, ITS, 174, 491
Congress present one to King of EWice ...,199
purchased by South Carolina, captured 499
ofwv, not to be kept by States during peace 744, 1319, ISSl, 1814
8HIPPEN, DR.
•ppintiteil in Medical Department 60
SHORT. WILLIAM 540
aioiLY aB4
SLAVERY IS, 24, ai, SB, 1261, 1263, ISSR, 14Xr
SLAVES-See Nbcboei.
proposed to exclude Ibem in flung quota of taxation SB
oppoiitioQ to tbi* 19
debates in regnnl to this 826, 831, 422, 423, 430, 431, S07, 914, BS9
those taken by British to be delivered 4W, 406, 092, BS8, SM
three-lifUu of, included in ratio of representation . . £ii, SSB, BU, KM.
IITDEX. CGXZlll
SBOTH, CHIEF JUSTICE 6S0
SMITH, DR. 114
SMITH, MERIWETHER
appointed a delegmt0 to the Convtotion tt Annapolii 095
SMITH, THOMAS
repments Pttmayliranja in Congreis. . . •• 187
SOLDIERa-See Auct, Miutavt.
SOUTH CAROLINA
▼otei againtt Independence 17
but afterward! concors , 17
▼otee for white inhabitants as rule of taxation 82
British military operations there ^ 48
is willing, on certain conditions, to yield to the claims of
Spain 66,71
opposes admission of Vermont 182
sustains land claims of Virginia 128
demands retcansportation of exiles 188
her delegates in Congress, November, 1782 187
interested in general revenue 864
munber of inhabitants, and proportion of contribution, in 1788.. . . .481
votes for Mr. Bland as President 187, 478
proceedings relative to horses recaptured 490
purchases ship in Europe .496
proceedings about impost 821
proceedings on a general system of revenue proposed by Cott-
gWM
proceedings relative to stipulations of British treaty
•dopts exclusive commercial regulations 711
proceedings in regard to Federal Convention 616, 621
iends delegates to the Federal Convention 722
opinions tibere on Federal Constitution^ , 664, 666
proportion of representation in the House of Representatives
before a census 786, 1052, 10&7, 1 107, 1544, 1606
proportion of representation in the Senate before a census 787
ppoposal to increase its proportion of representation 1060
proportion of electors of President , .1150, 1162, 1662, 1614
80VEREIONTT
Mr. Madison's remariu on tiiat of States and Union 681
jeakmsies of the States about it 780
how for it should be given up.. . .838, 886, 867, 870, 876, 884, 892, 904,
921, 968, 976
tile people ittached to that of the States 881
bow for it is retamed and yielded by the States 906, 921, 927, 976,
996, 1014, 1017
tile efiect of the separation from Great Britain i^n it 908, 915
of flw States represented in the Senate 1806
of te States in cases of treason 1878
CCJtXtr INDEX.
BFAIGRT. BICHABD D-
attend! the- Fidenl Convention 711
pioposei nUfs to regulaU duciissioiu of Convsntioii Wl
urge* tha election of the Benote by the State IdqpiUtnni 757
propoaei mBn jean for Ihe Senatorial term SSI
in bvorof recoiuiilering the decision, to chooae the PiMident
bj electoi* appointed by the State Legiilatuica I'^f
objects to requiring more than a majoiity to paas a navigation act..llS3
luggeeta leven yean (or the Executive tens ISOS
aigni the Constitution I62S
SPAIN
boundaiy with her domioioM fi
doubla of her favorable dlspoution, 1776 II
instructions to Mr. Jay to treat with her M
Britiih intrigue to prevent her allianea with Amarica... 6S, TO
her disposition friendly, bat her ability ia reiliicted. 70
peniita in efforts to obtain the Uiaaiisippi.. 71
negoUations with her . 1£S, ISl, S91, 400, 407, 41B,<ra.tfl, 5S9, BM, 691
■howaniDre favorable disposition 188
amonnt loaned by her 4S3
probability of her lending Uiaiater to United Btatei MT
property of, seized 608,099
' har views in regard to Western territoij and tha Mississippi. ..991, S99,
609, 606, 614, 641
SPARTA 376, Ml, Ml, 133S
BPEAEER
to be a member of the Execntiva Council 1399
to fill (he vacancy in the Pieaidcney 741,1237
to be elected by the Rcpresentativet 1213, IMS, 1606
SPEECH
ftMdonof 738,1230,1648,1609
SPRINOnELD 690
INDEX. CeZXT
STATES— ContiinMi.
njiKJIg« propoMdiof Congnm »......y;..... 44
they oagfat to contribate Tigoioualy.. • 44
to furniBh specific eapplies 46, 66
Congress more depeDdeDt on them siDce paper maney has ceased
to be emitted. 47,49
those holding public lands should cede them to Confedeiatioo 51
they ought to annex conditions 64
ought not to emit paper money or certificates 69, 61, 62
their jealousy of Congress 88
should be compelled to furnish their quotas 87
should provide for seizure of prohibited goods... . . # 106
as to admission of new ones 110
rerenue laws should operate equally on all Ill
a revenue system can only be made by mutual accomnuxia-
tion 118,689
urged by Congress to complete requisitions 182
will not pqr their quotas of taxes • .142, 692
appropriala their quotas to internal uses 161
their qnotti again apportioned by Q>ngress 171, 184
settlement witii troops temporarily raised by.. .201
redeeming paper money beyond their quota, to be credited. 209, 227, 484
objections to addressing them through the commander-in-chief 211
on their making the valuation which was to be the basis of
taxation « 260, 260. 826, 826, 880» B81
their proceedings in regard to confiscations and British debts litf,
461, 464, 497
their rights not affected by Congress raising a general reve*
nue 296,862
rule of voting 82,88,828^869,449
their mutual jealousies , .866, 611
plan of Mr. Madison for fixing their proportion of revenue,
funding their debts, and establishing a system of public
lands , 862, 418
amount of loan-oflSce debt of each State 864
their proportions of contributions aceordlXig to whites and
slaves 428, 688
Eastern, and New York propose to hold a Convention 428
their number of inhabitants, and proportion of contributions in 1788. .481
mode of adjusting their debts .444, 628
mode at adjusting controversies between 476, 486
claims of certain States for abatements in their apportionment 861,
876, 418, 610
effects of a separation on the different States 618
effects of commercial treaties on their rights and interests .684
tiieir proceedings on a system of general revenue formed by Con-
gress 661,862,668,666
116»
BTATS8— CoDtiiiaad.
th«ii proceedinp in n
ud to a coounaUtiMi erf' bal&pAT SfT, U
a in ngud to k iMnnutDt Nit&r Coa-
(^MtatiiwortiMtieiontheiii SH, 816, <38, <U
•eltlctiMDt or tbeir iccounto 886, Ml
Dumber OC, nqaired in vote to •wpeod tha Ola oT tiM HiMil-
■ippi ai,t$T
their infnctioni of BiitUh trutf 616, 7IS
Daw reqnintioti bf Congren npon 647
nUkh of CoDgKM on tiw neccMi^ of liumonf ami yiddiof
loul eomidentioni 68B
keep troops bdiI make compacti without conaeut of CongreM 71S
violate contncti by their iolenial adminiitiatioD 712, 71S, TS9
jealout; between each other 7S0, BIV, 990
CDcroach on Congrui 780, 824, 890, 890, 919, 974
difflcnltiet in their adopting the CooTedentioD 8W
difleraa toBufftagein tbaConfedenlioo 090
difir in regard to pablie landa In the ConfedeimfioD S91
violate the treatiea of the Coofedention 7I>, 7X9
diAr in r^aid to taxM on importi in the Confedeiatian 891, 711
tbelr conflictiog commercial regulation* during the Coofadeca-
tion 694.711,729
five, aend delegate! to the ConTention at Annapolia 097
all eicapt Bbode Iilaod aend dclegatea to the Federal Cooven-
tion 709
proMedingiiD regard to a Federal Convention BOB, 616, 019, 73>,
720, 751, ass
tbeir nvtreigntr, bow b affected by the Federal ConititntioD Oil
their iDfllagtt under tbe Federal ConititatioD diacuned Ott
(hrir proceeding! in regard to the new Federal CoDititutioD OfT,
INDEX. ccxxrii
STATES— Contiined.
to be pretenred by tba Comtitntion bat renderBd taboidinate 1014 -■«^** '*'
•IHiiice of the small ones with IbieigD powen threttened. . .101^ 1015
plan of compromise between the lai]ge and small ones, on tibe
' question of representation. . . .997, 1009, 1017, 1028, 1024, 1107, 1110
the people ol^ establish the Constitution 1226^ 1248, 1648, 1005
not to be unnecessarily encroached upon 700, 820, 870, 1116 .*
the powers of Goremment ought to be left with them as much
as possible 802, 808, 816, 820, 882, 867,^70, 914, 915, 964, 968,
974, 1116, 1898
their encroachment on the General Gofemmeiilt.817, 880, 882, 896, 928
ought to be pennanent , 819
compromise between the Northern and Soutbem, relative to ex-
ports, navigation, and sbtves .1895, 1451
their Executives to correspond with (he President 742, 1287
thdr Legislatnres to appoint electors to choose the President 1 124,
1149, 1186, 1206
tfaefarpraportioo of electors of President 1149,1152,1652, 1614
to be divided into districts to choose electors of President 771, 891
praftr a sin^e Exeentive. TBIT
their Executives to choose the President 728, 1198, 1208
their vote in Congress on a ballot for the President 1417, 1518
each to have one Senator 744, 8 18, 886, 848
their Executives to supply vacancies in the Senate. .1228, 1268, 1545^
1607
represented in the Senate in their political character 1806
to be divided into districts, to elect Senators 756, 818, 890
their governors to be appointed by the National Government 891
ineligibility of Senators ought not to extend to State offices 972
the number of Senators each is to have 1185, 1228, 1545, 1607
to nominate Senators to the House of Representatives.... 782, 757, 769
to elect Senators by their Legislatures.. 757, 806, 812, 959, 1221, 1228,
1545»1607
to be represented in the Senate proportionally 758,818,820,955
to be divided into classes for electing Senators.. 820
to be represented in the Senate according to their importance. • • . ..828
to be represented in the Senate equally. . . .744, 818, 886, 848, 918, 996,
1000, 1024, 1046, 1096, 1109, 1115, 1221, 1228, 1271, 1545» 1607
their Executives to fill vacancies in tibe House of Represents^ «
tives * 787
to regulate the election of tiie Representatives.. 788, 1229, 1279, 1546^
1608
toelectthe House of Representatives 758,756,800,888,825
number of their Representatives. . . .786, 1024, 1085, 1052, 1057^ 1064,
1107, 1222, 1227, 1266, 1544, 1606
whether they ought to have an equal vote in Congress. . .750, 826, 880,
848, 860, 869, 872, 979, 996, 1000, 1012
^
STATES — Con tinned
to be rapmeoted Mcordin; to ttMir prap«rij. M8,1018,10>8
to be reptcwnted eqiuUy in CoDgrut 721, 761,816, SM, M9
to biTS the wms ntio of repieiEntation in both HooKt.. .841, 860, 95C
to b&Te tbeir repreMntatioD in Congreu limited in eerteiDCMei..m9
flieir Lepilatum to nUry the Conetitution 796, 1177,1471
number required to ntify the Conilitation 797,1241
Congrete to legiilate where they •!• incompetent. .7S3, 760, 8W, 1109,
1116, IS21, 139S
dieii latn to be n^atired b; Congress, in certain cnsei. .733, 761, 821,
era, 89S, 911, 97S. 979, 1409
commerce unons, to be regulated by Congreu... 789, 1231, 1S43, 1383,
14S0, 1440, 1450, 147T, 1449, ISll
exiKnts from, not to be taxed.. .741, IDBO, 1233,1339,1382, 1U1,I613
deciiioD of eontroveniet between tbem abont tenitory or jnite-
dietion 742, 1234. W16, I4»S
their debt* to be assumed by Congress 1866, 1878, 1379, 1416
their aHent tequired to requiiitioM by Congress 864
their votea on money .billa to be in proportion to contributioo 1010
force to be used againit them in certain caiei 732, 741,761,860,
esi,9u
tfarir autboritiea to lake an oath to support tha Conititotion 734,
846,861, 1176,1960,1622
voluntary junction of 794,861
Toluutuy partition of. 819
to be protected bt)m foreign and domestic violence 740,741, 1139,
1232, 1349, 1467, 1669, 1621
regulations respecting their pubtie Unds.orcUima to territory.... 1369,
1468,1466
their power over the militia. 1361, 1403, 1660, 161S
tresaon against them, indiridually 1371
jmisdklioa over cases between then, or their citiieDs.....733, 743, 854,
INDEX. CCZZIZ
STATES— CoDtinaed.
to deUver ap fagHivet firom juftiee 745, 1240, 1447, 1566, 1620
to deliver np fugitiye sUyes 1447, 1456, 1558, 1620
to assent to purchases by Congreu within their limits.. 1496, 1551, 1614
not to grant letters of marque 744, 1239,1552, 1614
not to confer nobility 744,1289,1552,1614
notto lay duties..: 744,1289,1445, 1552,1614
not to keep troops or ships of war in peace 744, 1289, 1552, 1614
not to enter into compacts with each other 744, 1289, 1552, 1614
not to make compacts with foreign powers. .... .744, 1289, 1552, 1614
not to emit bills of credit 744, 1289, 1442, 1552, 1614
not to make any tender but gold, silver, or copper . .744, 1239, 1442,
1552, 1614
not to engage in war, except when invaded 784, 1289
not to pass attainders or retrospective laws.1448, 1444, 1450, 1552, 1614
not to pass laws impairing private contracts 1448, 1552, 1614
DOC to lay embargoes 1444
conditions to be made with new ones on their admission .... 1241, 1456
admission of new ones. .784, 745, 794, 861, 866, 908, 1084, 1058, 1070,
1072, 1095, 1224, 1240, 1456, 1462, 1558. 1620
Convention to amend the Constitution to be called on their appli-
cation 1241, 1468, 1559, 1621
CmiTentions to be called in them, to ratiiy the Constitution. . .785, 796
861, 1177, 1225, 1242, 1468
STATUE
one of General Washington proposed • ....••.. ..449, 668
STIRUNG, LORD
death of • Ml
STOCKJOBBING 1414
STRONG, CALEB
delegate to Federal Convention from Massachusetts • 621
attends the Federal Convention 728
prefers annual elections of Repcesentatives • .,929
thinks that the princi]^ o€ repreeentation should be the same in
both branches 1022
urges an adherence to the compromise between the largo and
small States 1101
objects to the Judges forming a part of the Council of Revision. .1164
prefers the election of President by the National Legislature 1 188
views as to the compensation of members of Congress 1820
views u to money-bills 1880
STYLE
that of the Government 786,747,1226,12a
ttiat of the President 742,12li
SUFFRAGE— See Vote, RsrEXSSirTATioif .
SUGAR
proposed duty on ...JTO
eezix wDEX.
80MPTUABY LAWS WH, IMS
8UPER1NTENDANT OP FINANCE— Sec Fihavci.
BUPraJES
■pecific, BboDld tw ftunUhad by Stitei 4S.M
■DtjbeniMd by impretiment -^
ncaiTcd from Fnnce -M
SUPREME
objected to MippUcable to the deci«iODa of tiwOovanmaiU. .747
SUFBEHE COURT— See Jddiciakt, Jddou.
to be ■ppointed by the NktioDtl LeguUtore TSt, T91, 85S
to be appoinled l^ th* Senita 748, 860, IISO, 1B4, 1413
■ tobeappointedbjtlMFraudeiituidSenate....JB91,lUI, 1115, 1171,
1488, 1B20, 1U6, 1617
tenure, ealuy, and qiulifiMtkiw of tbe Jodgee. . .TU, Ml, 1224. im,
14S8, IBM, 161S
ongbt tobe the only Natloiitl tribanal 791
Iti juriidiction 7S4, 74S, 8SI, 860, B91, ltS4, 11S8, 14S8, IBS*, 161S
hu origiotl jmiHlictioii in caiea of imbMMclQii . .744, ISM, 1566, 1618
buorigin*! juriadiction in ctiaa of impeaebmeiit 744, 1>>8
hu appelUte juiiidiction in idmiialtr eaaei 744, 1218, 16M, 16IB
to give iti opinion in certain eaeea UW
SUPBEHE I^W
■ed of CongiM* ud tmUei. . . .741, 866, 111*, 1221, 12M, 140S, 1420,
U6«,lill
SUSPENSION
of iKNtililiM propcaed aodreftiMd 427,427,517
of laws by the GieeutiTe for a limited tine ....>.. .7M
of the writ ofhabeai corpua 741, ItSB, 1441, 1661, KU
SYSTEM OF GOVERNMENT— See Plait.
bow br it ibould diviate from the Confedeiation. . . .746, S02, 8M,B6St
867,9n,M»,»]>.ST4
Mt to eocroach qnnecenarily on the States. . . ..760, 801, 832, 654, 874
INDEX. CCZZZi
SWtSS CONFEDERACY 88,882,807,961
TAXATION
nikoC QDdar tb« Confedentioii , 2S
praposed to regolats it by numbcn of whites .28
this objected to , .....29
onlind proposed ;... ^
inhihitanta, except Indians, ad6pted .^
mode of ▼alnation u haris of it .250
amount borne by United States 283
diffMent modes of. JtOO, 805, 850, 878, 417, 501
diAcnlties in regard to, under the Confederation , 691
proportion of saflhige in the Legislature to be regulated by. . .781, 741,
1228, 1227, 1288
to be laid and collected by Congress 789, 1282, 1898, 1549, 16fll
not to be laid on exports .....741,1288,1889,1882,1551,1618
capitation to be in pnqportion to number of inhabitants ascertained
by census 741, 1284, 1261, 1544, 1606
• dinet, to be in proportion to number of inhabitants ascertained
byeeniQS 741,1108,1228,1288,1544,1606
direct, to be in proportion to representation 1079, 1108, 1228, 1288,
1261, 1544, 1606
direct, to be in proportion to the free inhabitants and three-fifths
of thesbtves 1088,1086,1108,1228,1227,1288,1544,1606
proportion oi; before a census. . 1087, 1090, 1108, 1877, 1881, 1544, 1606
on the migration or importation of slaves. ..%• . . .12849 1888, 1415, 1427,
1551, 1618
means of direct taxation. . • , • 1877
proposal to raise it by requisitions.. 1881
compromise between the Northern and Southern Stetes as to
that on exports, navigation, and slaves..... .....1895, 1415
to be laid only to pay debts and necessary expenses... 1886, 1412,
1549, 1611
capitetion 741, 1284, 14», 1551, 1618
on navigation 741,1284,1897,1415
to be uni&rm among the States 1480, 1440, 1451, 1477, 1575, 1611
TEMPLE, SIR W 411
TEMPLE, MR.
admission of, u British Consul 608
TENURE
of the Judiciary 788,748,794,860,891, 1210,1224,1288,
1556, 1618
of the Executive 782, 766, 779, 860, 1124, 1129, 1142, 1151, 1198,
1202, 1210, 1228, 1286, 1417, 1486. 1498, 1552, 1614
TENDER
none to be authorized by the States but gold and silver 744, 1289,
1442, 1552, 1614
bills of credit not to be made one 1844, 1846, 1552, 1614
cczzxu nroiz.
TEBM
or tha EzecntiT* 732, 76e, T79.SS0, 891, 1124. 1129, 1143. IIH,
IIBS, 1202. 1210, 1228, 1236, 1417, 14S6, 1498, IB&S, 16U
of nudeuceandcitueMhipof thaPtesident 1398, 16M, I6M
ortheSenftto T32,7SS, 831, 8B9, 890,960, 1221, 1228, IMS, 1007
of tbe BepreKUtatiTU T3I, 736, 346, 898, 890, 928, 1231, 1827,
1U4. 160S
of luideDMUidcitiienBtupfbrincnibenor Congreu 122T, 1239,
12ST, 12T3, 1299, 1644, IMS, 1606. 1607
of tbe JuiUdtTj...783,74a,794, 860,891,1210, 1224,1238, 1U6, 1618
of cenaus 1079, 1223, 1283, 1644. 16M
TERRITORY— See I^kdi, Public.
expeuteof their ^veniment 91,464
dums in Nortbweatein Territory rejected lOB
desire tofonn new Stateiout of it 4TS
diMootent in regard to Spain and tha MiMiMippi..eo8, 624, 638. 6TT, 678
^ govenimentof. UO
that of each State Knarantead 784, 794, 843, 861
deduon of eo&tioveraiei about, between the Statea.. ..741,1234, 141S.
1498.1466
regulatioD of, bjr Cougreu 1S63, 1493, 1SS9, 1611
TEST
of religion not lobe reqaiied IS66, 1468,1660, 1612
TITLE
of DoUUtjr, not to be eiTeu 741, 744, 1284, 1289, 1692, 1614
of the Preaident 742, 1136, 1417
not to be accepted 1408, 166% 1614
TOBACCO
•sported under pawporla from Congraaa US,SU, 328
Tirginia oppoaea &« right to giant them 1S4, 135, 316, 338
oBeredin payment by Viiginia .477
trade in, with Fnnce 657
TOMES
nDEZ. ccxzzan
TRADE— CoDtiiiiMd.
WtifMB tlM 8tAtM. 14M» I440» 1460, 1477, 1M6, IMO, 1884, 1(88
with the Inditiit IS64, 18M, 1486, 1549, 1811
TREASON
■emben of ConcpreM may be umted ibr 788,1180,1847,1809
definitioD and puoishmeiit of 741,1288,1870,1887,1819
VnMukt to bo removed for .748, 1887, 1484, 1688. 1668, 1618
poidooiBOMiof tiOMOD <r 1841,1648
TREASURER
may bo appointed Iqr Consnee bj ballot. .. .740, 1888, 1848, 1849, 1574
TREATY
Coopeii give inetnictioat reiatire to the BiiftiMippi 60
iaitnict Mr. Jay in regard to Spain. . • • 64
•eparaie one propoeed by tbe British to the Dutch. 116
between New York and the Six Nations of Indiaai 189
at FoK Stanwix, with Indian! 120
at Lancailer, with Indians ..,««.•• 120
at Loggitown, with Indians « ..120
at Westminster, with Indians 120
British propose separato one to France 181
Kr. GrenfiUe sent to Paris to treat 157,173
coBomercial one with Dutch 171, 183, 267, 268, 801, 492. 617, 71 1
commercial one with Sweden 180,228, 661
8Ir. Fitiberbert commissioned to make one * 182
with Austria proposed 842
preliminary articles with Greet Britain negptSated and signed 980^
880, 406, 408, 607, 614
secret article relatiTe to Florida and Spain. J81, 887, 888, 400, 406,409
commercial, with Russia pn^wsed 488, 484
prorisional articles ratified by Congress 448
commercial, with the British 449,680,681,687,642,644,666,669,
671,802
tftet of commercial treaties on the rights and interests of the
States 884
definitife treaty with the British 644,686,669,878
with Spain, relatiye to boundaries and the Mississippi 698, 678
operation of^ on the Ststes nnder the Confederation. . • . . J96, 616, 688»
688,711,728
inftietions of British treaty 616,622,685,688,666,712,729
violations of, by the States during the Confederation 711, 780
iafiractiotts of that with France 711
PreaideDt to haTO an agency in them .^....1412
to be made by the Senate 742,891.968,1284,1881,1418
to be made by the President^ with the advice of the Senate. .891, 1487,
1618, 1666, 1617
Boltobe made byte States 744
117
toWtbeSttpnmehw T4t, S66, II1», USl, UM, UM. lO^
tobecafincMlt^CoDftnM 741, BM, UN, MW
ntUkafioa of Own UU;i487,lSW
awpmnrcrflMSutfteinngudto. TO, a»l, MB, UH, tin.
Mil, itfs, isaa, loa, ihs, inr
hwi <a StatM contMTeDing IhemlobB negUtradb^ ConptM. .7S9. 8St
plmiu oT, to be prepared by th« Beentazjot Foraign AAUn IM
Mt to be pnblUMd in a* joDcnil of Uw Beute ~ IBS
bowbrtbertntobeconddendMUw) ISM, I4«
b«twMB tlw ttatea, witboat CMuent of CongnM 8ST, UM
betwMD tbs StttM tnmM iDdiuB Nf
bstween the StetM not lufldeiit for a union T4T,SM
•Sect of their TioUion OB Um right! of Oopartiei IM
TBENTON ...n,4M
Congreu idiooni* to meet then >........ 4BT
propoeed ■■ pennvwnt teat of CongnM^ SM
THIAL
tobeiDtheStsUirtinetbeaunebwiiunitM. TM,Ui^U<l.
1867, Mlf
of ImpeMluaenti UM, 1441, I4M, 16S8, IBSI, IHl, IMS, UBT
TROOPS
not to b« kept bj Statei dEiiiiig pe»ee T44, im, ISH, ISat, IBSI,
iaM,i«M
TRVMBtTLL, JONATHAN
KWiJaktedai Beaetuyof Foreign Aiftli* 4H, HO
TCCKEB, BT. OEORQB
RppMnted to ConTentioa, tt Anu^olii..^ WSt Wt
TURKS
WW witb Riuri*. SMiMS
TTLEB. MS.
UTDKZ. CCZXZ?
UHION— Contiiiaed.
eommticial ragaUtioDS II6C6II1I7 to piMwrve it ill, 604
tiidugieredbsrconiUctiiigngiilitkNifof tbtSt^ 604
f^oomj proipeets of, in 1787 ....710,711
diviiioD of, dedrad by lome 669,718
Iti dmgeioiif litiiation, in 1787 781
merely Federal not fufficient 747
to be divided into Senatorial diatricta 766
objeda of it.... 802
bow to be diaaolved •••• ...•• ^.894
Uaoatnra 806
aaeeaai^ofit 008,067,988,002,094,1010
propoaad, by throwing the Statea into one maaa, and dividing
tiiemanew , 870,885,008
UinTSD STATES
Government^ to be ao atyled 786,1226,1248,1648,1005
to Ibnn a corporation • • 1866
treaaon againat them, as distinguiahed from that againat the indi-
vidual Statea ^ 1872
UNITY
of the Ezecntive. . .762, 770, 781, 811, 860, 866, 876, 1110, 1180, 1228,
1286, 1417, 1662, 1614
UNIYERSITT
estafaliahment oi; by Congreaa 740,1864, 1677
TACANCT
in the HoQse of Bepteaentaiivea. 787,1228,1646,1007
in the Senate 788,1220,1268,1646,1008
in the Esecotive 748, 1287, 1484, 1487, 1488, 1614, 1618,
1664, 1616
TALUATION— See Laud.
of land as baais of taxation 112,601,602
mode of making valuation diaenaaed .118, 260, 288, 816, 821, 824,
826, 876, 417, 496, 602, 608, 607
eommittee appointed to report mode of • 200, 260
discussion whether it shonld be made by the Statea 260, 260, 826,
880,881
period daring which valuation of land ahonld continue. . .824, 826, 417
TABNUM,MiL
lell out of Congress from his being favorable to Virginia land
claims 126
viewa of operation of treaties on the States 606
nmarks on admisaion of British Consul 608
«
remarka on negotiationa about the Mississippi.... .607, 612
letter relative to Bhode laland Yol. 8, (.^^^SMttf) p. iii
^TEROENNES, C0UI9T
urges Ifr. Grenville to recognise tlie Independence of the United
Statea 179
ecxxxn mdex.
V£KGENNES, COUNT— Conanijed.
Intorccdea lor CtpUiu AigiU Wlitfl
murin M cwuM of Ameiicui Cgwmiiimiitri in negotiatioM
•tPuii tM.MS,SM,4M,4l»^41S
jttga ntabluhmtut of ravcDiis to pay debt to Fiaac* 4U
writei to Luimie nUliva tolouiiUHl o^otiatioM 4IIt41T
VERUOKT
bu ulminion diacuned U
Congreu bound to bring the natter to • clow H
Ur. HirdiioD oppoaaa bar admjaaion wilhout aauction of pnptr
authority ■' ............>. 51
bar admiaaion further dtacuaaed. », M
Itii Ntidered probabia M
occupiaa aod perplezea Congnaa. IW, lU
aba CMroacbaa on Naw York and N«w Hanphke ^110
inlriitiea of XriUah cmiaiariaa tbara. lift
dcputi«* lent by her loCongren IM
Mmmitte* report in iavorof bar admiiaion. Ul
Mr. Madiaon'a obaervationa on admtaaion of Vcmoat ...>US
diMatlafkction among the paopla tbcic IBl
leport, that Am British oBei a charter Iftl
rtportof M-oper«tioo with Canadiana. IM
aaaka admiiaion from Congreia Att
diir«gnrd» recommendation of Congrcaa IM
aUadgod iotrigaea of Enowlton and otban Dmi« with Biltiih MM,
iw, SIB, ni
procMdlosaiBCsDpcailnngardtotbam SU, SU, »•, US, Sit,
Ml.su
remoaatrancB fwm, againat proceeding of Congreaa.. 119
proceedinga of Congrcea in regard to........................... 479
procaedinga relatiTe to her "<F"i—''W ...OT
iHBBX. ccxzzvii
VmOINIA— Continued.
neeivM luppliet fiom France St
iDgei Coolest to ict on Ler ceteion of public linds*. . • • 91
the tenne of her cenion referred to a committee •••.••«.•..•••... 100
Congreee hetitatei to accept it with the conditional 101
ahe oogfat to pay lome compliment to Lafayette.^ 101
committee of Congreai report againat accepting her cceuon with
the conditions annexed loa, 107» 108
atticki on Mr. Jefferaon'a adminiitration of her Stato Go? em*
ment 106
npeaJa her laws autiwrixing impost duties. Ill, 288
hear boundaries, as stated in old pamphlets •••114, 118, 160
noght to complete her mihtaiy contingent • 117
her title to her public huids should be thoroughly examined 1 19
she oppoaea admission of Vermont.. ••.. • 122
discussion on her cession of public lands ai^oaned by Con-
gress, fine cKr 128
proposes to issue paper money .•••....•.• 129
denies right of Congress to grant passports Ibr tobacco .168, 166,
169, 615, 828
puts limitations on grant of impost 146
her population in 1782 149
courle in regard to cesston of her public hmds 167, 470
her quota fixed by Congress 171
her delegates in Congress, NoYember» 1787 •• ... .187
▼otes for Bfr. Bland as President 187,476
repeals tiie impost, and declares her inability to pay her quota.. . . .286,
197,608,616,498,600
Opposes abatement in apportionment of certain States 861
interested in general revenue. 666
number of inhabitants, and proportion of contribution, in
1783 481,462
proceedings on plan of general revenue 688, 640
the completion of her cession of western lands urged 446
discussion of her cession resumed in Congress 468, 466, S89,
646. 672, 674
desires to confine her within Alleghany 466
neglect in paying her quota.. 478
emigrants from, to Canada sent back.. 478
resolutions relative to confiscated property 497
passes impost 656
continues to issue land warrants. • 570
revision of her Constitution 619
state of trade in 679,676
enlists troops, on account of insurrection in Massachusetts •SSI
instructions relative to the Mississippi 692,608,622
sends papers relative to Spanish seizures 698| 699, 606, 618, 669
CCXZZnil IITDSZ.
TIBfilNIA— ContinoML
o of pkpermonejr thsn fMml ttr
p NUtiTe to itipuktioiu of Biituh trM^ tt>,tl8
piobibib importitiiui of vuioiu utidci .6ff7, Til
withdtMn bar q>pr[>]iiiatioii fhim TiMiuiy of CDiklUintion tSB
MwiM to «xteiKling power of Congitn of tlw CtnMtnUou .flM
^■pwnti delegitct to tha Conrention at Anmpoli) -SKflM
pOMW law ^pointUf dalegatei to tbe Fedeial CoBT«titioD 704
prefon k mUon of tbs CooIederatioD by a Connotioa ioatcad
of Coi^ptM TH
pnaMdiagi relative to Fed«nl CoDTcntioB .641. TM
■anda delegatet to the fedewJ Convcotioo TS
advoeattf equal rota of lai^ aod ■mall Statei in Ibe ComentioB. . .7M
knked to kr s plto fer the oew goTeinaunt 7B
poportioa nt rapwatntation in the Houaa of BapreieiitatiTei be-
breAccBWU .716, 1051, lOST, HOT, im, 12ST, lB4<,iaM
praportiou of lepreaanlatioii in theSenala before a ceuiia TtT
deaitet a proportional repKMutatioB in both biaache* of CongreM.SSI
proportiaa of elacton of Pieeldent 1190, IlSa, lUl, IflU
opiniMw tbere ebont the Federal CoutltutioD. .943. 691, 6fi7, 6W, 661,
674, «I
VOTE
each Stale to have one nnder CoaMecafioB tt
ohaoge propoaed and debated ^..Jt
rale in Comuuttea of Whole diecuaeed SIS
whan that of nine SUtei tequiml m.MS, 461, 606, 610, SST
dUEciiltiea In nfwd to, in Cmfeduation 8M
eqnalitj oC inelated on bj Delaware for each State .ttt
equality of, in Iha Convention objected to TM
of two-thiida in Congreu required in certain caie* 81S, US4,
1291.1488
required to re-enact laws returned by the Preudent . .TS3, T88, TBt, 780,
INDEX. CCXXXIX
WAB— CoDtinu«d.
betnaen Ruisit uid Turkey 6S4
Dot provided for sufficiently bj the irticleB of OoolederalioD TSO
levying in cues of treuoD 741, I2S3, 1S6T, 1619
to be decJued by the Senate ' T«3
not to be eng^ed in by the SUU3 744, 1239, 1S92. 1814
ougbt not to depend on the Ezecnbfe .763
to be made by Coogicu 1233. 13S2, IBM, 1612
DepMtmentor. 1369,1368,1899
WASHINGTON, GENERAL
represents distress of the umy ID 1780 .44
reprewes mutiny srith difGculty 4S
:eof CongreM >ent lo confer with him 47
'S valuable suggestions lor arranging the armj G5
dirertvil to uppoint a successoi to General Gates in the South Bft
conespondence with Clinton in Tegtrd lopriioneis atCharlesIoo. . . .68
Dew anangement of uiny submitted to him by Congress 60
writes to Congress relative to mutiny of troops in New Jeney .M
letter on defects of Confederation attributed to him 81
demands tbe muiderers of Captain Uuddey AS
marches toward* Yorlttown , .97
captures Comnallis 98
communicates to Congress letters from Catlvton and Digby, . . .128, 138
demands retransportation of South Carolina exiles ....IBS
refers Carleton's application relative to tiailon in New Jeney to
Congress > 160
compassion towuds AsgiU ,. 162,471
ananges for exchange of prisoners 164
iufonns Congress of discontenta of army 184, 334
hii opinion of rctalinloiy measures in Huddey'i ease 183
directed to arrest Lulce Knowllon in Vermont 109
communicates certificate of Mr> Chittenden 36S
said to be unpopular from opposition to proceedings of the anny
about tbeir pay 350,610
■ddren oOicers of the army about their p»y .404,620
n aalisfaetion of army 433, 624
rs retaining their arms 41S
(tatue of, proposed 44B, B63
to carry into eiTecl arrangements for delivery of posts, negioes,
kc., by British ,480, 029
liews on peace establishment 661, 678
spoken of as President of Federal Conventioo 635
delegate to Federal Convention from Virginia 648, TDS
receives from Mr. Madison his plan of a National Government 714
alietidi Federal Convention 722
elected President .722
addresses the Convention on talcing the chair T23
eexl ivDBx.
VASHINQTON, OEITERAL— Contiaaed.
tuurluaf Dr. Fnnklin in ngud to TT>
widiM lb* ntb oT rapmanMion radnced UM
dinppiovM ^ •sdoiive piOTwoa M to BOMj-biUit Imtyitldi
It fbc tbaulM of compromiw MM
•Igna tba COMtitaticin M>r
WAYNE, OEKEHAL TT.BM
WEBB, MR. 1M.I41,4TS
WEBSTER. MR.
dipnty ofMuuchiiMttiUne toCongMM JN
WEB8TEB, KOAU
pn|naM k Nation*! Ooranme&t .TOM
WEBSTER, PELATIAH
pnpeaet m Fedenl CMircntioa .TM
WEIQHTB
ttandtrd oi; may be fixed yf CeoBitM. . . ..TM, UU. I34S, 14«. Mil
WESTERN TERRITORY— Bm Lamm, PviLic i Tmbitmt.
WEST INDIES
tndawitb SM.Ul.Vr.SfT.Tll
WESTMINSTER
Indiin treaty at IW
WHARTON, SAMUEL
iepi«MBl* IMawan in CoagKM U7
WHITE, PHILUPS
rcprewnt* New Hampabira in Congnai UT
WHITES
u to diatln|iuahinf tbem in enoBnatiaBf under Iba Confadan-
ti<m J9,aM,SIl, 4>l,'U>,507,S14,m
WIDGERY, MR.
coma in Cannotion ef HaMacbaaatla on Fadtnl Coortitntian. . . 4M
WILLIAM8BURO
propoaed aa teat of CoBgrtaa HV
ivDBX. eexU
WnXUMSON,
appoMf tetj rati6eaAiOB of pivriilonl ntidet 44S
vtiBttki M difbudliif tlM aimy • 4SS
pfopotM that tbtn be no Ibraign miniflen, except cm eztraeidi-
MiyoeeaikMif •..-•• .485
loiDMBki OB nle of Totiiig if new States ere admitted ^1
viewa in Mgaid to Spain and the Miaaiaai[^ ^ 678
attendi the Fedend Convention 72S
propoeaa impeachment of the Preaident for malpractice or ne^ect. .779
pnfofa the consent of an Executive council to appointments
instead of either branch of the Legislature 1517
iogfsststbe appointment by Congress of a prorisioQal soceeseor
of the President 14S4
Tiewi as to the election of the President. . .771, lift, 1160, IIM, 1104.
1491, 1801, liOl, 1S04, 1006, 1610
prefers six Tsait for the Pkvsidential term f 1161
irlsbes the proportion of electors among the States to be the
same as that of Representatives llOt
prefors- an Executive of three persons 1189
views as to the negative of the President on laws 166B
disapproves of the seat of Government being at a State Capital . . . 1 tlO
wishes the Senate to be small 81S
proposes six yeaii as the Senatorial tenn 060,061
prefors the Senators voting per capita 1186
advocates a proportional representation of the States in Con-
gress 806,977
prefors a pasrssent of the Representatives by the State Legida-
tnres « 009
thinJa the ratio of representation too great 1407, 1609
•tges a eompeomiee between the large and small States relative ^
to repreeentation 10S9
deeires rsptesentation to be Oxed by a periodical census 1066
Improves of three-fifths of the slaves as the proper apportiomneBt
of representatloo 1060
•tges the protection of the Soothem interest in apportioniBgrsp-
rssentation 106$
oljeeli to the plan of compromise reported 1009, 1041
objects to giving Congress too much latitude in fixing the ijuaK-
fications of its members 1086
opposes a short term of citiseoship for members of Congress 1100
viewaastotheeligibilityof members of Congress to oflce.. 1001, 1489
propooss that a vote of two-thirds be required on legislative arti. . .819
oppoees the negative of Congress on State laws 890
desires to preserve the efllciency of the States 068
prefers a vote of two-thirds to pass a navigation act 1462
approves of exclusive right of Representatives over money-bills.. 1168,
lUl, 1901
WILLIAHSON. HD6H— Continntd.
ip|n«TM«rtliepn>MfaiticMof«texeBaip<Mti lUl, IMS.
Thwi OD Um inoTuiimraUtiTa to tlw unporiitMn ofalmt. . 1M4 14tt
^pww €f tbe profaibitlMi on CoognM to paM illiliiiMi aod
czpHtfodDUwi 1400
donkt* wbatbar teattomnm batmwi tbe BtaU* AooU bi do-
cidad in all e«M bjr tlM JadSdwr i MM
object! to • Vica Pi«mikiit UlT
viewi oa tba tiMtj power UI^UI>,m7
thinlu tbe tcirltorUI cUimi of tbe Stetee ibeuld be left »■
■Itend Itfl
views BI to tbe rale of rspteeentetiaD u spiled to Ae Mw ■■
wellMtDtheoldBtktM lOM, lUT
ttinki tb* iMtb ibonld be ncipnicil In regud to theNatiaaal and
BtatB Oonrtilnlioni llTt
wiibeeepiDTUoo for tbe trie] bjjaiy 1M9
pnien thentiflcatloiiof tbaCoutitiitio&bjCoMantieaeiiithe
ttatM lUS
rigu Ihe CoDftitatiai im
WILBON. JAHE8
oypoeti the DeelaietioB of iBdqMndence 10
eontendi tbatiUvce tie to be counted in tmtieB SI
that vote of tbe Btntce in Congiea iboiild be in ptopertioa to
inbeUtut* M
piopoeef to rafer i«iolntlMii reletive to Vermont to tbe fleeie
tuyof Wer HO
fwpoeee to tx eeotdbntioai ^ Btatee by the imaber of inheU-
tuia an
ndTocatee pvcheie of book* bj Congnei M>
dleeuMW plan for pemuMnt tevenne. . , . JSS, US, SOP, M^ OM, 00^
Sll,4>tl
Ugei ecUectloD of terenue bj offlcei* of Onnireet SS8, S80
DtDSZ. CGXliii
WILSON, JAMES-OoAtinQed.
propoMfAfjitrainlitiTstDpiiblielaiidi « 4iSk4W
ctjecti to |>iDclMMition abcmt pai— . . . • •••• ••• 418
lemarioi on obtcnrity of pronfumal uticlM • • 448
wnarin on Wettem limiti of StitM ••••••446
nsailDi on ExecaUvo of P^imiylfama in regaid to motiiwai c^
dnct of troops* • • • •••• •• 461
dapuliffiRMnPennfyhnnia in trial with Connecticat 476
•ttHidf tlii Fedend ConTonfion « 7)1
nndf Dr. Fnnklin's ipeeches in the ConTontion .719
Bominatai Temple Franklin as Secretary 788
daairct tbe Departmenta to be independent of each other 767
wiahea to gaaid the General Goremment againat encmachmentt
of tbe States .824
desires the pxeaerration of tbe Stato Goremments • • •••iMM, 981
contrasts the plans of B(r. Randolph and Mr. PatterMn • .871, 918
thinks the separation from Gnat Britain did not make the Colo-
nies independent of each other • 907
contrasts a National with a merely FedeAtiye GoTemoMnt. 919
does not think the individaality and iOTereignty of the States
incompatible with % General Goremment •988
opposes a committee to prepare a plan of compromiia between
the large and small States on the question of representation. . . . 1088
wishes tiie Executive to consist of one person. .762, 768, 764, 781, 875
▼iews on the election of President. . . .766, 767, 1120, 1128, 1147, 1198*
1196, 1244, 1418, 1600, 1604
proposes that the President be chosen by dectois chosen by tbe
people ^770
opposes removal of President by Congress on application of tbe
States • 777
objects to an Ezecntiye Conncil .788
wishes the Resident to have an ahaolate negative on the Legis-
lature « , 784,786
Wishes a provision for the impeachment of the 'President* 1154
urges a Conncil of Revision of tbe President and Judges. ••1161, 1168,
1888,1886
prefers a long term for the Executive » 1 198
thinks tbe power of the President to pardon should exist before
conviction 1488
urges election of Senators by the people 756, 814, 956
proposes to divide the Union into Senatorial districts 759
advocates six years as the Senatorial term 961, 969
opposes an equal vote of the States in the Senato 1000, 1104, 1806
proposes one Senator for emty one hundred thousand penoniu. . . .1008
not satisfied with the plan, giving an equal vote to the States in
tbe Senate 1085,1017
objects to State Executives filling vacancies in the Senate 1268
CCXllT INDEX.
WILSON. JAMES— Continued.
objecls to the itiisent of Seniton being entered on the journal 1193
objects lo the Sen»l« being united in the power of ijipoint-
ment 15I»
objccll to the Senile being aepanitely convened 1U2
ur^et election of the RepreaentklivcB by the people TU, 801, 927
advoealea a propattional representation of the Stales in Congms.SH,
874,958, 1000. 109S, 1104
■uggests the number offreemen and Ihree-fifltie of the aUvM u
• ratio of representation ■ .S4S
•drocates the saoie proportion of represenlalian in both House* . .US,
lOOV, I
.939
prefen annunl elections of the Repreaenlatives
opposes the payment of the Represents tives by the Stale Legia-
Utures 9S4
objects to the compensation of the Hepresentadves being fixed 9S4
opposes qualificBUiTn of Representatives as to age 930
oppose* dilqualif/ing Representatives for office... 987.9-11, 1322, 1483
doea not approve of CKeclusive originalion of money-billi by
thB Representatives 1041. 1042. 1043. 1308
consiilers the admiaaion of alaves into the nlio of rrpresentitJon
a matter of compmoiiae 10T7
propose) tbat slaves should be introduced into the tmtio of taxa-
tion, rather than representation 1084
tliinki the rule for proportioning taxation to representation
should exist before, aa well as slter a census lOSS
thinks thai populalion la the best rule. Imlh for ealimaling wealth
and repreaenUtion lOM
objects to disqualifying penons having unsettled accouDb ai
members of Congreas 1116
thinka the vole by ballot, in Congreas, should be a joint one 1344
prefers making the qualification of the electors of Representa-
tive! the same with those of electors of Slate Legislatures 1249
objeeti to reaidence as a neceaury qualification of a Represents-
tivB 1258
rtmarWs on a term of citizenship required for meniben of Can-
grras 1278,1299,1800
thinka a quorum in Congreas should not be leaa than a ma-
jority 1289
thinka journal of Congreas should he published 1294
Tiewsu (o the priTi leges of members of Congreas 1493
desires » provision, lo show that the contract) of lb« Confedera-
tion will be fulfilled 1138
•dvocatea a gutruity to the States of republican instltalions, and
protection from violence 1133, 1141
doubts the advantage of requiring an oath to aupport the Consti-
tution 117«
INDEX. GOllr
WILSON, JAMES— Continued.
object! la a pnhibilion to iix «iiporli. 1S4I, 1S65
viewa on the proriiioD reipecling treuon 1371, IS7X, I8T4,
1376, 18T6
objdctB to prohibitiDg & tuc on the importation of aUvcK 1393
obj«ct« to a vote or Iwo-thirda to pau a na^igatioo act-....-I89T, 146S
hi* view* in regard to uttainden and ex poit facto lawi. ....1400
oppoiea the propoiItioD to allow the States (o appoint to NatioMl
offices 14111
doubts nbelber habeas corpns should ever be suspended.. ..• 1141
deaires an abaolute piohibitiun on tbe State* relalive lo p*per
money 1442
Uiinks (he Slates should be prohibited Croni passing laws impair-
ing private contracts 1443, 1444
thinks the teniloriol rights of the United States and individual
tiUtes should not be altered 1461, 14«9
views u to the effect of Judicial acta ortbeteteral Slate* among
each other. 1480
*iew) aa Id the treaty power ,..•. ISM, IBlt, 16SS
piopoaes the appointment of the Judge* bj Ihe Preiident 792
advocates a National Judiciary "^
objects lo the sppointmenl of the Judges bj tbe Senate alone IISI
objects to a removal of the Judges on application of Con-
gres* 14M
proposes tbe assent of three-fourths of the Stales as DecMtaiy (o
future unendments lUS
views as lathe mode of ralifying the Constilulion 1468, )4<9, 14TI
thinks unanimil)' of llie Stale* in ratifying tbe Cooatitution
should not be required T9T
signs the Constitution 162a
is not a native of the United Slate* ISO)
WITHER3P00N, DR. JOHN
t«pre*enls New Jersey in Congress IBT
contends thai taxation should be regulated by land .S3
that each Stale should have an equal vote in Congre** S4
proposes plan of cession of public lands ...IflT
WOLCOTT, OLIVER
opposes disclosure of negotiations relative to coofacation* ind
British debts M4
remarks on Virginia repealing the impost 2HB, 909
objects to crediting State* with tbe rcvenne coUected oo theh
imposts SOI
objects to coercive measures against Vermont Ill
opposea eommutation of half-pay J», Ug
oppnae* valualian of land* by Comnuisionersippointedtf 8lBle*...S31
oppoaes alteration of impo*< J3S, S47
remarks on conduct of American CommiMionen at Paiis.SSO, 406, 4U8
eexlTi ttmtx.
WTNKOOP, HEHRT
nprtMtili PantiiTlmtU iaCtmptm 181
WTTHX, OEORaS
■ihrMitM Decbntion if IndependetiM • ■ IS
lettartohbn on dabeta of CooMvatioo M
ddtgabtoPadmlCnmuttmftam'ntgbdk MM
attwdi tba Fedtttl CoDTBntfcMi TSS
Appointed on cnnsittN to pnpov nilM vat ow Codvmiuoo* * • • • • «QI
nporii ralai far the OoDfwitloD ^7it,m
TATE9. BOBERT
attcndi tba Fcdenl OomrMtioD -711
TEAS AND NATS
olffaried to is th» CoDTentkn ...7M
nile nqolring tfaflm MJMtod TM
to be tntand on Iba Jotuul of CongKH. . .ns, UM, UBl, UCr, 16CIB
J*
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