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Full text of "The papers of James Madison : purchased by order of the 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 manuscripts, deposited in the Department of State"

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1^ 



.• 



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. 



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1 Enteral. 


trrording In Act of Consress, by Longlree & O'Sullivaii 
Clerk's Office of the DislHct of Calumbia. 


in the 




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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 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 pe nnw Mon 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 rii tml 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 t ttutmjM 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 r e fct encei 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 Cofwqpo n dan c e, (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 

o p p ooM 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« 
O p po— 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 

pr o p o s ea 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 

y o p oaei 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 ha imo a ions 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, (AfpiU i x 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 

op p eoa* 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 

p i up e ity 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 repre a en- 
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 

p w piu ea 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 

o pposes 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 

op poee a 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 

^ p ro ves 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 

p rop oeee 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 

oppo s es 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 

lypoe e d 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 

r epmen ts 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 

proport i on 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 p ret en red 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 

a aeea a i^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 

pOM W 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 

p roposes 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 r sp te sen tation to be Oxed by a periodical census 1066 

Improves of three-fifths of the slaves as the proper apportiomneBt 
of r ep r ese ntatl oo 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- 

fi catio n s of its members 1086 

o ppo s es a short term of citiseoship for members of Congress 1100 

viewaastotheeligibilityof members of Congress to oflce.. 1001, 1489 
pr opooss 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 
^ pw w €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 p topertioa to 

inbeUtut* M 

piopoeef to rafer i«iolntlMii reletive to Vermont to tbe fle ei e 

tuyof Wer HO 

fwpoe ee 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 




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