/■ ^ ^^ii.y>:: Vv liBkARY j,^lVtRSlTY OF CALIFORNIA RIVERSIDE rtederick J. Taraar, as. I o/ceAu s/^^/ey rrederick J. Turner, Mddinon, Wk DOCUMENTARY HISTORY OWVBRSriY OP CAUPORNIA RIVERSIDE SEPl 5 1964 LIBRARY DOCUMENTS SECTION CONS Til UTIOiN UNITED STATES OF AMERICA 1786- 1870 DHRIVHU HROM THE RECORDS, MANl'SCRIPTS, AND ROLLS DKI'OS- ITED IN THE HTREAr OE ROLLS AND LIBRARY OE THE DEPARTMENT <)E STATE; Volume I WASHINGTON DEPARTMENT OE STATK 1894 JK/K /. / CONCURRENT RESOLUTION OF CONGRESS. DOCUMENTARY HISTORY OF THE CONSTITUTION OF THE UNITED STATES OI" AMERICA. Resolved by the Scnafe {the House of Representatives eoiieiirriiiff) , Tliat of the document kiKiwn as the I )iK'iinientar\- History of the Constitution of the United States seven thousand copies he printed, of which number two thousand shall be for the use of the vSenate, four thousand shall be for the use of the Hou.se of Representatives, and one thou.sand for the use of the Department of State. Passed the Senate January 24, 1901. Pas.sed the House of Representatives February 9, ujoi. INTRODl'CrOR Y NO TE. The design of this work is to give a literal print of the documents deposited in the Bureau of Rolls and T^il)rary of the Department of State relating to the formation of the Constitution of the United States as adopted, amended, and now in foree. The narrative, therefore, begins with the reeord of the proceedings of the Annapolis Convention, and will in- clude all the papers in the Bureau hearing on the making and amending of the Constitution to the date of the latest amendment. The purpose ni view being to avoid controversy and to meet the demand of historical scholars and students by pre- senting the contents of the papers themselves, as classed and filed in the Department, and as veriiied by the records, and nothing more, the editorial function is confined to ^-he general fonn of the text, and to such notes as may be indispensable to clear display. For example, the official files of the Fed- eral Convention were, by authority of the Convention, re- tained by Washington, its President. Those papers, as tran.s- » ferred by Washington to the Secretary of State in 1796, stand apart, and are so printed. The present, initial, volume, comprising the appendices to numbers i and ,3 of the Bulletin of the Bureau, completes the first and .second periods of the history as found in the archives The remaining parts will appear from time to IV lime in the same manner iintil the work is finished, and a bibliography of the Constitntion from the Department's Library will be appended in order that the stndent may be afforded ever3- facility- at the command of the Department. Bureau of Rolls and Library, Dtpariment of State, Washington, D. C, May, iSgi/.. CONTENTS. Pac:i:. Proceedings of the Annapolis Convention i Proceedings oe the Continentai, Congress 6 Credentials of Delegates to the Federai, Convention ... 9 Receiit of the Secretary ok St.\te to the President oe the I''ed- ER.XI. CON\-ENTIl).N' 47 Proceedings oe the Fedekai, Convention 48 Appendix: Papers Subseuuenti.v Received 309 V Documentary History of the Constitution of the United States of America. 1786-1870. Sundry of the States having in Consequence of a Reso- Intion (S: Circular Letter from the State of A'irginia appointed Commissioners to inrcf at siidi time and Place as xhoiild be agreed upon hv tJicm tlic said C '(»)ni/issioiicrs, to take into Con- sideration the Trade & Commerce of the United States &c: — the Commissioners of Virginia, Delaware, Pensylvania, New Jersey & New York, met at the City of Annapolis on the ii"'of September 1786, but did not think it adviseable to pro- ceed on the Business of their Mission. They therefore broke up after making a Report to the States by which they had been appointed and transmitting to Congress a Copy thereof which is as follows. To the Honorable the Legislatures of Virginia, Delaware, Pensjdvania, New Jersey and New Yoi'k. The Commissioners from the said States respectively Assembled at the City of Annapolis, humbly beg leave to Report : That, pursuant to their several Appointments they met at Annapolis in the State of Marjdand, on the eleventh day of September Instant, and, having proceeded to a communi- cation of their Powers, they found that the vStates of New York, Pensylvania and Virginia had, in snbstance, and nearly in the same terms, authorized their respecti\e Commissioners '' to meet snch Commissioners as wei'e or might be appointed " hv ilif otlirr States in the Union, at snch time and Place as " shonld be agreed upon b_v the said Commissioners, to take " into Consideration the trade and Commerce of the United "States, to consider how far an uniform vSystem in their com- " mercial intercourse and regulations might be necessary' to " their common interest and permanent harmou}', and to ''''report, to tlie several States, such an Act relative to this great "Object, as ZL'/ieii ujiaiiinioasly ratified hv them, would enable "the Ignited States in Congress Assembled effectually to pro- "vide for the same." That the State of Delaware had given similar Powers to their Commissioners, with this difference only, that the Act to be framed in virtue of those Powers, is required to be reported "to the I'nited States in Congress Assembled to "be agreed to by them and Confirmed by the Legislatures "of every State." That the State of New Jerse}-, has enlarged the Object of their Appointment, empowering their Commissioners, "to "consider how far an uniform vSystcm in their Commercial "Regulations, and othc)- nn/iortai/t matters might be uecessar}' "to the common interest and permanent harmony of the scv- "eral .States;" and to " rci)ort sncli an Acl on tlie Subject, as "wlien ratifietl l)y them" would "enable tlie United States in "Congress Asseml)led effectnallv to ])rovide f^' the exioeneies ''of the Unionr That A])i)ointmenls of Commissioners have also been made by the States of New 1 lampshire, Massachusclls, Rhode- Island and North Carolina, none of whom lia\e liowc\er 3 attended, 1ml th;il no iiifonnalidn luis l)cen received b}' your Commissioners of anj- Appointment luivint^ been made by the States of Connecticut, Maryland, Sonth-CaroHna or Georgia. That the express terms of the Powers to j-our Commis- sioners supposing a Depntati(Mi from (ill tlie States, and hav- ing for Object I lie liadr and Cun/iiitric of I lie Uiiitrd Slates, your Commissioners did not conceive it adviseablc to proceed on the business of their Mission, under the Circumstance of so partial and defective a Representation. Deeplj^ impressed ho\ve\er with the magnitude and im- portance of the Object confided to them on this Occasion, your Commissioners cannot forbear to indulge an expression of their earnest and unanimous wish that speedy measures may be taken to effect a general meeting of the States in a future Convention, for the same, and such other Purpo.ses, as the situation of Public Affairs may be found to require. If in expressing this wish, or in intimating an}^ other Sen- timent, your Commissioners should seem to exceed the strict bounds of their Appointment, thej' entertain a full Confidence that a Conduct dictated by an anxiet}- for the welfare of the United States, will not fail to receive an indulgent Construc- tion. In this persuasion, your Comm.ssioners submit an Opin- ion, that the Idea of extending the Powers of their Deputies to other Objects than those of Commerce, which has been adopted by the State of Xew Jersey, was an improvement on the original Plan, and will deserve to be incorporated into that of a future Convention. Thej' are the more naturally led to this Conclusion, as in the course of their Reflections on the Subject, they have been induced to think, that the Power of regulating Trade, is of such comprehensive extent, 4 and will enter so far into the General System of the Fcederal Government, that to give it efficacy, and to obviate questions and doubts concerning it's precise nature and limits, may require a correspondent adjustment of other Parts of the Foederal System. That there are important defects in the System of the Fcederal Government, is acknowledged by the Acts of all those States which have concurred in the present Meeting. That the defects, upon a closer examination ma^■ be found greater and more numerous than even these Acts implv, is at least so far probable from the embarrassments which charac- terize the present state of our National Aifairs, foreign and domestic, as may reasonabh' be supposed to merit a deliberate and candid discussion, in some mode, which will unite the Sentiments and Councils of all the States. In the choice of the mode your Commissioners are of Opinion, that a Conven- tion of Deputies from the different States, for the special and sole purpose of entering into this investigation and digesting a Plan for supplying such defects as may be discoxered to exist will be entitled to a preference, from Considerations which will occur without being particularized. Your Commissioners decline an enumeration of those National Circumstances on wliicli their ( )pinioii respecting the Propriet}' of a future Convention willi more enlarged Powers is founded; as it would be an useless intrusion of facts and Observations, most of which lia\e been fretpuntly the vSuljject of Public Discussion, and none of wliich can have escaped the penetration of lliose to whom tliey would in tliis instance be .'iddressed. Tlie\- are however of a nature so serious as, in the View of your Commissioners, to rendir the situation of the United States, delicate and critical, calling for an exertion 5 of the united \'irtue and Wisdom of all the Members of the Confederac\". Under this Impression Your Commissioners, with the most respectful deference, beg leave to suggest their unanimous conviction that it maj' essentially tend to advance the interests of the Union, if the States by whom they have been respec- tivel}' delegated would themselves concur, and use their en- deavours to procure the concurrence of the other States, in the Appointment of Commissioners to meet at Philadelphia on the second Monda\- in May next, to take into Considera- tion the situation of the Ihiitcd States, to devise such further Provisions as shall appear to them necessary to render the Constitution of the Fcederal Government adequate to the exigencies of the l^nion ; and to report such an Act for that purpose to the United States in Congress Assembled, as when ''agreed to b}' them and afterwards confirmed by the "Legislatures of ever}- State" will effectually provide for the same. Though your Commissioners could not with propriety address these Obser\'ations and Sentiments tQ any l)ut the States the}' have the honor to Represent, they have neverthe- less concluded, from motives of respect, to transmit Copies of this Report, to the United States in Congress Assembled, and to the Executives of the other States. B}- Order of the Commissioners John Dickinsox, Chairman Dated at Annapolis September 14"^ 1786. The foregoing Letter having been referred to a Grand Committee, and the Report of the Coni"^'' thereon being called up on 2i" Febr' 17S7, and read in the words following — " Congress having had under Consideration the Letter of John Dickinson Escj. Chairman of the Commissioners, who assembled at Annapolis, during the last Year; also the pro- ceedings of the said Commissioners, and entirelv coinciding with them, as to the inefficiency of the federal Government, and the necessitv of devising such fai'ther provisions as shall render the same adequate to the exigencies of the Union, do strongly recommend to the different Legislatures to send for- ward Delegates, to meet the proposed Convention, on the second Monda}- in May next, at the Citv of Philadelphia" The Delegates for New York, thereupon laid before Con- gress Instritctions which they had received from their Constit- uents, and in pursuance of the said Instructions, moved to postpone the farther Consideration of the Report, in order to take up the following Proposition, viz. "That it be recommended to the States composing the Union, that a Convention of Representatives from the said States respectively, be licld at , on for the purpose of revising the Articles of Confederation and per- petual Union between the United States of America, and re- porting to the United States in Congress Assembled, and to the States respectively, stich alterations and amendments of the said Articles of Confederation, as the Representatives met in such Convention, shall judge proper and neccssarv to ren- der them ade(|uale to the jjreservation and su])port of the Union." Tile Motion for jiostiioning was lost A .Motion was then made by tlie Delegates for Massachu- setts, to postpone the fartlier Consideration of the Report, in order to take into Consideration, a Motion wliieh tlicy read in tlieir Place; tliis being agreed to, the Motion of tlie Dele- gates for Massachusetts was taken np. and being amended, was agreed to as follows. By The United States iu Congress Assembled February ai'" 17S7. Whereas there is provision in the Articles of Confedera- tion and perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the leg- islatures of the several States; and whereas experience hath evinced, that there are defects in the present confederation, as a mean to remed}- which, several of the States, and par- ticularh' the State of New- York, b}- express instructions to tlieir Delegates in Congress, have suggested a Convention for the purposes expressed in tlie following Resolution ; and such Convention appearing to be the most probable mean of establishing iu these States a firm national Government. Resolved, Tluit iu the opinion of Congress, it is expedient, that on the second Monday iu May next, a Convention of Delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express pur- pose of revising the Articles of Confederation, and reporting to Congress and tlie several Legislatures, sucli allcrations and provisions tlu-rciu, as shall, when agreed lo iu Congress, and confirmed l)y ihe States, render the federal Coustitutiou adc- fjuale to the exigencies of Goxeniuu iil, and llie preservation of the Union. Pursuant to the above Act of Congress whicli was transmitted to the several vSlates the following A])- ])ointnients were nuide. 9 Statk of Nkw Hampshire In the Year of our Lord One thousand seven hundred and Eighty seven. An Aet for appointing Deputies from this State to the Convention, proposed to be holden in tlie City of Philadelphia in May 17S7 for the purpose of revising the federal Consti- tution Whereas in the formation of the federal Compact, which frames the bond of Union of the American States, it was not possible in the infant state of our Republic to devise a system which in the course of time and experience, would not manifest imperfections that it would be necessary to reform. And Whereas the limited powers, which by the Articles of Confederation, are vested in the Congress of the United States, have been found far inadequate, to the enlarged pur- poses which they were intended to produce. And Whereas Congress hath, by repeated and most urgent representations, endeavoured to awaken this, and other States of the Union, to a sense of the truly critical and alarming situation in which they may inevitably be in\ol\ed, unless timel}- measures be taken to enlarge the powers of Congress, that they may be thereby enabled to a\-ert the dangers wliich threaten our existence as a free and independent People. And Whereas this State hath been e\-er desirous to act upon the liberal sys- tem of the general good of the I'^nited States, without circum- scribing its views, to the narrow and selfish objects of partial convenience; and has been at all times read}' to make every concession to the safety and happiness of the wliolc, wliich justice and sound polic}- could vindicate. Be it therefore exacted, by the Senate and House of Representatives in General Court convened that John lO Langdox, John Pickering, Nicholas Gilmax & Bexjamin West Esquires be and hereby are appointed Commissioners, the}- or any two of them, are hereby anthorized, and empowered, as Deputies from this State to meet at Philadelphia said Con- vention or any other place, to which the Convention mav be adjourned, for the purposes aforesaid, there to confer with such Deputies, as are, or ma}- be appointed by the other States for similar purposes; and with them to discuss and decide upon the most effectual means to remedy the defects of our federal Union; and to procure, and secure, the en- larged purposes which it was intended to effect, and to report such an Act, to the United States in Congress, as when agreed to by them, and duly confirmed b}- the several States, will effectually provide for the same. State of New ( In the House of Representatives June Hampshire J 27"' 1787. The foregoing Bill having been read a third time, \'oted that it pass to be enacted. Sent up for Concurrence John Si'ARHAWk Speaker In Senate, the same day — This Bill having been read a third time, — \'oted that the same be enacted. Jx" Sri. I. IVAN President. Copy Examined P' Joseph Pearson Sec*". (Seal append'.) 1 1 Commonwealth of Massachushtts. (Seal Append'.) By His Excelk-iicv James Bowdoin Esquire Governor of the Commonweallli of Massachu- setts. To the Honorable Francis Dana, Elbridge Gerry, Na- thaniel Gorhara, Rufus King and Caleb Strong Esquires. Greeting. Whereas Congress did on the twenty first day of Feb- ruary A" D' 17S7, Resolve "that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of Delegates who shall have been appointed by the several States to be held at Pliiladelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several Legislatures, such alterations and provisions therein as shall when agreed to in Congress, and confirmed by the States render the fed- eral Constitution adequate to the exigencies of government and the preservation of the Union." And Whereas the Gen- eral Court luue constituted -and appointed you their Dele- gates to attend and represent this Commonwealth in the said proposed Convention; and have b}^ a Resolution of theirs of the tenth of March last, requested me to Commission you for that purpose. Now therefore Know Ye, that in pursuance of the resolu- tions aforesaid, I do by these presents, commission you the said Francis Dana, Elbridge Gerry Nathaniel Gorham, Rufus King & Caleb Strong Esquires or any three of you to meet such Delegates as may be appointed by the other or any of the other States in the I''nion to meet in Convention at Phila- delphia at the time and for the purposes aforesaid. 12 In Testiinouy whereof I have caused the Public Seal of the Commonwealth aforesaid to be hereunto affixed. Given at the Council Chamber in Boston the Ninth day of April A° D°'". 1787 and in the Eleventh Year of the Independence of the United States of America. James Bowdoin By His Excellenc3-'s Command John A\'ERV Jnn"^., Secretary State of Connecticut. At a General Assembly of the State of Con- (Seal ) necticut in America, holden at Hartford on the second Thursday of May, Anno Domini i7iiimMii\vi,-a]th of Pensylvauia, for the purposes of takiiiu; into idiisidi-ratiou the state of the I'uioii as to trade aiul otlirr im])orlaut objects, and of devising such other I*ro\ isioii as shall ajipcar 19 to be necessary to render llie CoiisliUilion of the federal Govcninient adeqnate to the exigencies thereof. In Tcstinidiu' whereof tlie Great vSeal of the State is hereunto affixed: — Witness Robert Lettis Hooper Esquire, Vice-President, Captain General and Com- mander in Chief in and over tlie State of New Jersey and Territories tliereunto belonging, Chan- cellor and Ordinary in llie same at Burlington the fifth day of June in the Year of our Lord One thousand seyen hundred and Eighty seyen and of our Soyereignty and Independence the Eleventh. Rob'*" L. Hooper By his Honor's Command Bowes Reed Sec^. Pensj'lvania An Act appointing Deputies to the Conyention intended to be held in the City of Philadelphia for the purpose of re- vising the foederal Constitution. Section !■*' Whereas tlie General .Vssembl}- of this Common- wealth taking into their .serious Consideration tlie Represen- tations heretofore made to the Legislatures of the several States in the X'^nion by the United States in Congress As- sembled, and also weighing the difficulties under which the Confederated States now labour, are fully convinced of the ne- cessity of revising the federal Constitution for the purpose of making such Alterations and amendments as the exigencies of our Public Aflfairs require. .Vnd ^^'hereas the Legislature of the State of \'irginia have already passed an Act of that Commonwealth empowering certain Commissioners to meet 20 at the City of Philadelphia iu Ma}- next, a Convention of Commissiouers or Deputies from the different States; And the Legislatnre of this State are fnll}- sensible of the impor- tant advantages which may be derived to the United States, and every of them from co-operating with the Commonwealth of ^'irginia, and the other States of the Confederation in the said Design. Section 2'"' Be it enacted, and it is hereby enacted bv the Representatives of the Freemen of the Commonwealth of Pens3'lvia in General Assembly met, and by the Anthority of the same. That Thomas Mifflin, Robert Morris, George Clv- mer, Jared Ingersoll, Thomas Fitzsimmons,, James Wilson and Governenr Morris Esqnires, are hereby appointed Depnties from this State to meet in the Convention of the Deputies of the respective States of North America to be held at the Cit\' of Philadelphia on the second dav of the Month of May next; And the said Thomas ^Mifflin, Robert Morris, George Clvmcr, Jared Ingersoll, Thomas Fitzsimmons, James \\'ilson and Governenr Morris Escjnires, or any four of llicui, are hereb}^ constituted and appointed Deputies from this vState, with Powers to meet such Deputies as may Ik- a])i)oiuted and au- thorized by the other States, to assemble iu tJie said Conven- tion at the Citv aforesaid, and to join with tluin iu devising, deliberating on, and discussing, all sucli alterations and fur- ther Provisions, as may be necessary to render the hideral Constitution fully adequate to the exigencies of tiie I'uiou, and in reporting such Act or Acts for that juirpose to tlie United States in Congress Asseml)led, as when agreed to l)y them and dulj' confirmed by the several vStates, will ellectu- ally provide for the same. Section V' And be it further enacted l)y tlie Aulluirity afore- 21 said, Tliat in case any of the s'' Deputies liereby noiiiinated, sliiill lia])i)en to die, or to resign his or their said Appointment or Appointments, tlie Snpreme Executive Conneil sliall be and hereby are empowered and reqnircd, to nominate and appoint other Person or Persons in lieu of liim or tlieni so deceased, or who lias or have so resigned, which Person or Persons, from and after such Nomination and Appointment, shall be and hereby are declared to be vested with the same Powers respectively, as any of the Deputies Nominated and Appointed by this Act, is vested with by the same: Provided Always, that the Council are not hereby authorised, nor shall they make an}' such Nomination or Appointment, except in Vacation and during the Recess of the General Assembly of this State. Signed by Order of the House Seal of the Laws of Pensylvania Enacted into a Law at Philadelphia on Saturday Decem- ber the thirtieth in the Year of our Lord one thousand seven hundred and Eighty six. Peter Zacharv Llovd Clerk of the General Assemblj^ I Mathew Irwin Esquire Master of the Rolls for the State of Pensylvania Do Certify the Preceding Writing to be a true Copy (or Exemplification) of a certain Act of Assembly lodged in mj' Office. In Witness whereof I have hereunto set my (Seal.) Hand and Seal of Office the 15 May A. D. 1787. Math"'. Irwixe M. R. Thomas Mifelin Speaker 22 (Seal) A Sttpplement to the Act entitled "An Act ap- pointing Deputies to the Convention intended to be held in the City of Philadelphia for the purpose of revising the Fed- eral Constitution. Section i'"' Whereas by the Act to which this Act is a Supple- ment, certain Persons were appointed as Deputies from this State to sit in the said Convention : And ^^'hereas it is the de- sire of the General Assembly that His Excellency Benjamin Franklin Esquire, President of this State should also sit in the said Convention as a Deputv from this State — therefore Section 2'' Be it enacted and it is hereby enacted bv the Representatives of the Freemen of the Commonwealth of Pensvl\-ania, in General Assembly met, and b\- the Authority of tile same, that His Excellency Benjamin Franklin Esquire, be, an.d he is hereby, appointed and authorised to sit in the said Convention as a Deputy from this State in addition to tlie Persons heretofore appointed; And that he be, and he hereby is in\-ested with like Powers and authorities as are invested in the said Dejmties or au^■ of tlKui. Signed by Order of tlie House Thomas MiI'1>i,ix Speaker. I-vnacted into a Law at Phila(k"l])hia on Wednesday the twenty eiglith da\- of Marcli, in the Year of our Ford one thousand seven hundred ..S: eighty se\en. Pi'.T!-:r Zacii \k\' Fi.ovd Clerk of the General Assembly. 1 Matliew Irwiue E.squire, Master of the Rolls for the State of Pensj'lvania Do Certify the al)ove to be :i true Copy (or Exemplification) of a Su])|)leuienl lo a certain Act of As.Sfnibly wliicli SupjiUiueut is lodged in my Ofliee 23 In Witness whereof I have hereunto set ni}' (Seal) Hand and vSeal of Office tlie 15 May A° D. 17S7. Math'' Irwine xM. R. Delaware His Excellency Thomas Collins, Ksqnire, Presi- dent, Captain General, and Commander in Chief of the Delaware State; To all to whom these Presents shall come, Greeting. Know Ye, that among the Laws of the said State, passed by the General Assembl}- of the same, on Uic third day of February, in the Year of (Seal) our Lord ( )ne thousand seven hundred and Eighty seven, it is thus inrolled. In the Eleventh Year of the Independence of the Dela- ware State An Act appointing Deputies from this State to the Con- vention proposed to be held in the City of Philadelphia for the Purpose of revising the Federal Constitution. Whereas the General Assembly of this State are fully convinced of the Necessity- of revising the Federal Constitu- tion, and adding thereto such further Provisions, as maj' render the same more adequate to the Exigencies of the Union; And \\'hereas the Legislature of Virginia have al- ready passed an Act oi that Commonwealth, appointing and authorizing certain Commissioners to meet, at the Cit}- of Philadelphia, iu May next, a Convention of Commissioners or Deputies from the diflferent States: And this vState being willing and desirous of co-operating with the Commonwealth of \'ireinia, and the other States in the Confederation, in so usefnl a design. Be it therefore enacted by the General Assembly of Dela- ware, that George Read, Gunning Bedford, John Dickinson, Robert Bassett and Jacob Broom, Esquires, are hereby ap- pointed Deputies from this State to meet in the Convention of the Depiities of other States, to be held at the City of Philadelphia on the Second day of May next: And the said George Read, Gunning Bedford, John Dickinson, Ricliard Bassett and Jacob Broom, Esquires, or any three of them, are hereby constituted and appointed Deputies from this State, Avith Powers to meet such Deputies as mav be ap- pointed and authorized by the other States to assemble in the said Convention at the City aforesaid, and to join with them in devising, deliberati:ig on, and discussing, such Alter- ations and further Proxisions as ma}- be necessary to render the Fcederal Constitution adequate to the Exigencies of the Union ; and in reporting sucli Act or Acts for that purpose to the Ignited .States in Congress Assembled, as when agreed to by them, and dulv coulirmed l)v the several States, may effectuall\- pro\idc for the same: So always and Provided, that such Alterations or further Provisions, or an\- of them, do not extend to that part of the iMflli Article of the Confed- eration of the said States, finallv ratified on tlie first da}- of Marcli, in the Year One tliousand sc\en luuidred and eighty one, wliich declares that "In determining Oueslions in tlie "United vStates in Congress Asseml^led each {State sliall liave "one Vote." And be it enacted, that in Case anv of Uie said Dcpulies hereb}' nominaUd, sliall lia])i)en to die, or to resign his or their AjJiioinlment, the President or Commander in Chief 25 with the Advice of the Privv Council, in tlie Recess of tlie General Assenibl}-, is hereby anthorized to sxipply snch \'acaiicies Sigfiied by Order of the House of Assembly Passed at Dover, | .John Cook, Speaker February- 3''. 17S7. | Signed by Order of the Council Geo Craghead, vSpeaker. All and singular which Premises liy the Tenor of these Presents, I have caused to be Exemplified. In Testimony whereof I have hereunto subscribed my Xame, and caused the Great-Seal of the said vState to Ik* affixed to these Presents, at New Castle the Second da}' of April in the Year of our Lord One thousand seven hundred and eighty seven, and in the Eleventh Year of the Independence of the United States of America Tho^ Collins Attest J A Booth ySec''. Marvland. An Act for the Appointment of, and conferring Powers in Deputies from this State to the fcederal Convention. Be it enacted by the General Assenibl)- of IMarjdand, That the Honorable James ^PHenr}', Daniel of Saint Thomas Jenifer, Daniel Carroll, John Francis Mercer and Luther Martin Esquires, be appointed and authorised on behalf of this State, to meet such Deputies as niaj' be appointed and authorised by an}- other of the United States to assemble in Convention at Philadelphia for the purpose of revising the Foederal System, and to join with them in considering such Alterations and further Provisions as mav be necessary to 26 render the Fcederal Constitution adequate to tlie Exig-encies of the Union and in reporting such an Act for that purpose to the United States in Congress Assembled as when agreed to by them, and duly confirmed by the several States will effectually provide for the same, and the said Deputies or such of them as shall attend the said Convention shall have full Power to represent this State for the Purposes aforesaid, and the said Deputies are herebj- directed to report the Pro- ceedings of the said Convention, and an\- Act agreed to therein, to the next session of the General Assembly of this State. By the Senate ]\Iay 26. 17S7. B}- the House of Delegates Read and Assented to May 26'' 17S7. B}- Order J. Dorsey Clk. Read and Asented to True Copy from the Original By Order ^\^'" Harwood Clk. J. DoRSEV Clk. Senate. True Copy from the Original W Harwood Clk Ho Del. \\'. Smallwood. Virginia GENERAL Assembly begun and held at the Pulilic Buildings in the Cit\- of Richmond ou Monday the sixteenth da\- of October in the Year of our Lord one thotisand seven hundred and Ivighty six An Act for appointing Deputies fmm lliis Commouwcaltli to a Convention proposed to be held in the City of Pliila- delpliia in May next for the ])urpose of revising the federal Constitution. \\'iii;kEAS the Commissioners who asscml)li'd at AnnajK)- lis on the fourteenth dav of September last for the pnr])ose of devising and re])orting llie means of enabling Congress 27 to provide efTcctiiall\- for llic Coinmerciiil Interests of tlic United States have represented tlie necessity of extending the revision of the fnederal S3'Stcni to all it's defects and have recommended that Deputies for that pnrpose be appointed bj- the several Legislatures to meet in Convention in the City of Philadelphia on the second dav of Alaj' next a provision which was preferable to a discussion of the subject in Con- gress where it might be too much interrupted by the ordinary business before them and where it would besides be deprived of the valuable Counsels of sundry Individuals who are dis- qualified by the Constitution or Laws of particular States or restrained by peculiar circumstances from a Seat in that Assembly: And Whereas the General Assembly of this Commonwealth taking into A-icw the actual situation of the Confederac}- as well as reflecting on the alarming representa- tions made from time to time b}' the United States in Con- gress particularly in their Act of the fifteenth da}- of Februar}- last can no longer doubt that the Crisis is arrived at which the good People of America are to decide the solemn ques- tion whether they will bv wise and magnanimous Efforts reap the just fruits of that Independence which they have so gloriously acquired and of that Union which they have cemented with so much of their common Blood, or whether b\' giving way to unmanly Jealousies and Prejudices or to partial and transitory- Interests they will renounce the auspi- cious blessings prepared for them by the Revolution, and furnish to its Enemies an eventual Triumph over those by whose virtue and valor it has been accomplished: And Whereas the same noble and extended polic}- and the same fraternal and affectionate Sentiments which originally deter- mined the Citizens of this Commonwealth to unite with their 28 Bretlieren of the other States in establishing a Foederal Gov- enmient cannot but be Felt with equal force now as niotiNes to lav aside ever}- inferior consideration and to concur in such farther concessions and Provisions as may be necessar}- to secure the great Objects for which that Go\-ernment was instituted and to render the i ^iiilcd States as happy in peace as the}- have been glorious in War Bk it therefore ENACTED bv the General Assemblv of the Commonwealth of Virginia that seven Commissioners be appointed bv joint Ballot of both Houses of Assembly- who or an}- three of them are hereb^• authorized as Deputies from this Common- wealth to meet such Deputies as may be appointed and authorized bv other States to assemble in Convention at Philadelphia as above recommended and to join with them in devising and discussing all such Alterations and farther Pro- visions as ma\- be necessary to render the Foederal Con- stitution adec[uate to the Bxigencies of the Union and in reporting such an Act for that purpose to the United States in Congress as when agreed to bv them and dulv confirmed bv the several States will effectually provide fen- the same. Axn I'.E IT I'TRTHER ENACTED that in case of the death of any of the said Deputies or of their declining their a])])ointments the Executive are hereb}' authorized to suj^jjly such N'acan- cics. And the Governor is requested to transmit forlliwith a Copv of tliis Act to tlic United vStates in Congress and to the Kxecntives of each of tlie States in the Union. John Jones vS])eakcr of the Senate Signed Joseph Prentis, vSpeaker of the House of Delegates. ;\ true Co])v from tlie Innillnu'iil Jolix BlXKl.l'.N Clk Ibmse Der. 29 111 tlie House of Delegates Monday tlic 4"' of December 17S6. The House according to the Order of tin- Day ]iroceeded by joint Ballot witli tlic vScnatc to the appoiiUincnt of Seven Deputies from tliis Coniniouwealth to a Couveuliou proposed to be held in tlie Cit}- of Philadelphia in May next for the purpose of revising tlie Foederal Constitution, and tlie Mem- bers having prepared Tickets with the names of the Persons to be appointed, and deposited the same in the Ballot-boxes, AP. Corbin, M'. Matthews IVP. David Stuart, M'. George Nicholas, ^P. Richard Lee, M^ Wills, M^ Thomas Smith, M^ Goodall and ]\P. Turberville were nominated a Committee to meet a Committee from the Senate in the Conference-Cham- ber and jointly with them to examine the Ballot-boxes and report to the House on whom the Majority of Votes should fall. The Committee then withdrew and after some time re- turned into the House and reported tliat tlie Committee had, according to order, met a Committee from the Senate in the Conference-Chamber, and jointly with them examined the Ballot-boxes and found a majority of \'otes in favor of George Washington, Patrick Henry, Edimind Randolph, John Blair, James I\Iadison, George Mason and George Wythe Esquires. Extract from the Journal, JoHX Bkcklev Clk House DeP. Attest JoHX Bf.cklkv Clk. H. DeP. In the House of Senators Monday the 4"" of December 1786. The Senate according to the Order of the Day proceeded by joint Ballot with the House of Delegates to the Appoint- 30 nient of Seven Deputies from this Coninionwealth to a Con- vention proposed to be held in the City of Philadelphia in Ma)^ next for the purpose of revising the Fcederal Constitution, and the Members having prepared Tickets with the names of the Persons to be appointed, and deposited the same in the Ballot-boxes, ]\r. Anderson, ]VP. Nelson and AP Lee were nominated a Committee to meet a Committee from the House of Delegates in the Conference-Chamber and joinly with them to examine the Ballot-boxes and report to the House on whom the Majority of Votes should fall. The Committee then withdrew and after some time returned into the House and reported thct the Committee had, according to order, met a Connnittee from the House of Delegates in the Con- ference-Chamber, and jointl}' with them examine'd the Ballot- boxes and found a Majority of Votes in favor of Geoi'ge Washington, Patrick Henrv Edmund Randolph, John Blair, James Madison George Mason and George W'ytlie Esquires. Extract from the Journal John BI'Cklev Clk. H. D^ Attest, H. Brook Clk S. Virgin' I A to wit I do Certify and make known, li> all whom it may Conccin, that John I'>cckk-\- Ivs(|nirc, is Clerk of the I lonsc of Delegates for this Commonwcallh, and the ])n)])cT Officer for attesting the ])rocee(lings of tlie General Assembly of the .said Comnionwcallli, Ami that full P'aitli ami Credit ongiil to be givt'ii to all tilings attested by the said John iJeckley lCsf|nirt-, 1)\' X'irtne hold, exercise and enjoy the .said appointment with all Powers authorities and emolu- ments to the .same belonging or in any wise appertaining, You conforming, in every instance, to the Act of our said Assemblv under which you are apix)inted. WiTNKS.s Richard Caswell Esquire, our Governor, Captain-General and Commander in Chief under his Hand and our Great Seal at Kinston the 24"' day of February in the XI. Year of our Independence, Anno. Dom. 1 787 : R" (Seal.) Caswhli. By His Excellency's Command Winston Caswell P. Sec'. I AP — 3 34 The State of XoRTH Carolina To the Honorable R/r/iard Dobbs Spaii^ht Esquire, Greeting. Whereas our General Assembly in their late session holden at Fayette-ville, by adjournment, in the month of Janu- ary last, did elect ^-ou the said Richard Dobbs Spaight with Richard Caswell, Alexander Martin, William Richardson Davie, and Willie Jones Escjuires, Deputies to attend a Con- vention of Delegates from the se\eral United States of America proposed to be held in the Citv of Philadelphia in May next, for the purpose of revising the Foederal Con- stitution. We do therefore, b}- these Presents nominate, Comniis- sionate and appoint you the said Richard Dobbs Spaight one of the Deputies for and in behalf of us to meet with our other Deputies at Philadelphia on the first da\- of Mav next and with them or any two of them to ct)nfer with such Depu- ties as may have been or sliall be appointed by the other States for the purpose aforesaid. JO liolii, exercise and enjoy the said Appointment witli all Powers, Authorities and Emol- uments to the same incident and belonging or in :inv wise appertaining. You conforming in every instance, to the Act of our said Assembly under whicli you are appointed. Witness Richard Caswell Escpiirc, our Governor Captain-General and Commander in Chief under his Hand and our Great Seal at Kinslon llic ij"' dav of April in the XT'' Year of our Independence Anno. Dom. 1 787. R". (vSeal) CaswI'.I.I. By His Ivxcellency's Command Winston Caswell P. Sec- 35 State of North-Caroi.ixa His Excellency Richard Caswell Esquire Governor, Captain General and Commander in Chief in and over the State aforesaid. To all to whom these Presents shall come Greeting. \\'here.\s by an Act of the General Assembly of the said State passed the sixth da}- of January last, entitled "An Act for appointing Deputies from this State, to a Convention proposed to be held in the City of Philadelphia in May next, for the purpose of Revising the Foederal Constitution" among other things it is Enacted " That five Commissioners be ap- pointed by joint-ballot of l)oth Houses of Assembly who, or an}- three of them, are hereby authorized as Deputies from this State to meet at Philadelphia on the first day of May next, then and there to meet and confer with such Deputies as may be appointed b}- the other States for similar purposes, and with them to discuss and decide upon the most effectual means to remove the defects of our Foederal Union, and to procure the enlarged Purposes which it was intended to effect, and that they report such an Act to the General As- sembl}' of this State as when agreed to by them, will effectu- ally provide for the same." And it is by the said Act, further Enacted, "That in case of the death or resignation of any of the Deputies or of their declining their Appointments, His Excellency the Governor for the Time being, is hereb}' au- thorized to suppl}' such \'acancies." And Whereas, in con- sequence of the said Act, Richard Caswell, Alexander Mar- tin, William Richardson Davie, Richard Dobbs Spaight and Willie Jones Esquires, were bj- joint-ballot of the two Houses of Assembl}', elected Deputies for the purposes aforesaid: 36 And Whereas the said Richard Caswell hath resigned his said Appoinment as one of the Deputies aforesaid. Now KNOW Ye that I have appointed and b\- these Pres- ents do appoint the Honorable WiLLiAJi Blount Esqnire, one of the Deputies to represent this State in the Conven- tion aforesaid, in the room and stead of the aforesaid Richai'd Caswell, hereby giving and granting to the said William Blount the same Powers, Privileges and Emoluments which the said Richard Caswell wotild ha\e been vested with or en- titled to, had he continued in the Appointment aforesaid. Given under my Hand and the Great Seal of the State, at Kinston, the 23'' dav of April Anno Dom 1787. And in the Eleventh Year of American Inde- pendence. Ri". (Seal) Caswrll By His Excellency's Command Winston Caswhli. P. vSec'' State of North-Carolina His Excellenc}- Richard Caswell Esquire, Governor, Captain-General aud Commander in Chief, in and over the Stale aforesaid. To all to whom these Presents shall come Greeting. Whereas b}- an Act of tlie General Asscml)lv of the said State, pas.sed the sixtli day of Jauuarv last, culitlcd ".Au .Act for appointing Deputies from this Slate, to a Couveutiou proposed to Vje held in the Citv of r]iila(kl])lii.i iu May uext for the purpose of re\isiug tlu' I'^cederal Constitution" among otlier things it is enacted "Tliat fix i- Commissioners i)c a])- 37 pointed bv joiiil-hullot (if bolli Houses of Assembly, wlio, or anv three of them, are lu'rel)\- autliorized as Deputies from this State, to meet at l*liiladel])liia ou the first day of May next, then and there to meet and confer with sncli Deputies as mav be appointed by tlie oilier .Stales for similar ])nrposes and with them to discuss and decide u])on the most eftectnal means to remo\e ihe defects of our Fcederal rnioii, and to procure the enlaixed purposes, which it was intended to effect, and that they report snch an Act to the General As- sembly of this State, as when a,q;reed to by them, will effectu- allj- provide for the same." And it is b\- the said Act, further enacted "That in case of the death or resignation of any of the Deputies, or their declining their Appointments His Ex- celle*lc^■ the Governor for the Time being is hereb}^ author- ized to supply such \'acancies.'" AxD Whkrha.S in consequence of the said Act Richard Caswell, Alexander Martin, William Richardson Davie, Rich- ard Bobbs Spaight and Willie Jones Esquires, were b}' joint- ballot of y two Houses of Assembly elected Deputies for the purposes aforesaid. And \\'hereas the said Willie Jones hath declined his Appointment as one of the Deputies aforesaid Now KNOW Yk that I have appointed and by these Pres- ents do appoint the Honorable HroH Wii.i.iAM.sox Esquire, one of the Deputies to represent this State in the Convention aforesaid in the room and stead of the aforesaid Willie Jones, hereby giving and granting to the said HidH Williamson the same Powers, Privileges and emoluments which the said Willie Jones would have been vested with and entitled to had lie acted under the Appointment aforesaid. Given under my Hand and the Great Seal of the State at Kinston the third day of April Anno Dom. 38 1787. and in the Eleventh Year of x-lmericau Inde- pendence Ri" (Seal) Caswell By His Excellency's Command Dallam Caswell Pro Secretary State of South Carolina. By His Excellency Thomas Pincknev Esqnire, Gov- ernor and Commander in Chief in and over the State aforesaid. To the Honorable John RiUledge Esqnire Greeting. By Virtiie of the Power and Antliority in me vested by the Legislature of this State in their Act passed the eightli dav of March last I do hereb}- Commission Yon the said John Rut- ledge as one of the Deputies appointed from tliis vStatc to meet such Deputies or Commissioners as may be appointed and authorized bv other of the United States to asseml)le in Covention at the City of Philadclpliia in llie IMcmtli of Ahiy next, or as soon thereafter as may be, and to join with such Deputies or Commissioners (they being duly autliori/cd and empowered) in devising and discussing all such Altcratious, Clauses, Articles and Provisions, as may be thought necessary to render the lAederal Constitution entirely adequate to tlie actual Situation and future good Governmcut of the confed- erated States, and tliat you together with tlic said Deputies or Commissioners or a Majority of tlicui wlio sliall lie ])rcsent (provided the State be not represented by less tliaii two) do join in re])()rting sucli an Act, to the United States in Con- 39 gress Asscnil)k-cl as wlicn appioxcd and agreed to by them, and dnly ratified and confirmed by the several States will effectually provide for tlie Exigencies of the Union. Given under ni}' hand and the Great Seal of the State in the City of Charleston, this tenth dav of April in the Year of our Lord, ( )ne thousand seven hundred and eighty seven and of the Sovereignty and Independence of the United States of America the Eleventh. Thomas (Seal.) Pinckney. Bj' his Excellency's Command Peter Freneau Secretary State of Soi'Tii Carolina B}' His Excellency Thomas Pinckney Esquire, Gov- ernor and Commander in Chief in and over the State aforesaid. To the Honorable Charles Pinckney Esquire. Greeting. By \'irtue of the Power and Authoritv in me vested bv the Legislature of this State in their Act passed the eighth da}' of March last, I do hereby Commission 3-ou the said Charles Pinckne}-, as one of the Deputies appointed from this State to meet such Deputies or Commissioners as mav be appointed and authorized by other of the United vStates to assemble in Convention at the Cit)- of Philadelphia in the Month of May to next, or as soon thereafter as may be, and join with such Deputies or Commissioners (they being dul}' authorized and empowered) in devising and discussing all such .Vlterations, Clauses, Articles and Pro\isions, as maj' be thought necessary to render the FcEderal Constitution entirely adequate to the 40 actual Situation and future good Government of the confed- erated States, and that ^•ou together with tlie said Deputies or Commissioners or a IMajority of them who shall be present (provided the State be not represented by less than two) do join in reporting such an Act, to the United States in Con- gress Assembled as when approved and agreed to by them and dul\- ratified and confirmed by the several States will eftectuall}- provide for the Exigencies of the Union. Given under my hand and the Great Seal of the State in the Citv of Charleston this Tenth day of April in the Year of our Lord One thousand seven hundred and Eighty Seven and of the So\creignty and Independence of the United States of America the Eleventh. Thomas (Seal.) Pin'cknkv Bv His Excellency's Connnand Peter Frene.au Secretary. State of South-Carolina. B}- His Excellency Thomas Pinckney Esquire, Gov- ernor and Commander in Chief in and o\er tlie State aforesaid. To tlie Honorable Charles Cotesworth Pinckney Esquire, Greeting. Bv \'irtue of the Power and Aiitli()rit\- in me vested by the Legislature of thisvSlate in llicir Act ixissedlhe eighth day of March last, I do licrehx- Commission \()u the said Charles Coteswortli Pinckney as one of the Deputies ap])oiiited from tin's Slalr to iiK-el such Deputies or Commissioners as may he appointed and aulhori/.ed h}' other of the United States to assemble in Conveiilion at the Cit\- of Phila(Kl])liia 41 in tlic .M..ml, .,f May next or as scK.n llKTcafttT as may oe, and to join witli siu-li Deputies or Coiiiinissionrrs itliey bein- duly aiulu.ri/cd and L-nipowcrcd) in drvisin.t^- and dis- cussino all such Alterations, Clauses. Articles and Provisions as may he thou<.lit necessary to render the Fftderal Consti- tution entirely adequate to the actual Situation and future good Government of the Confederated States, and that you together with the said Deputies or Commissioners, or a Majority of them, who shall be present (provided the State be not represented by less than two) do join in reporting such an Act to the Ignited States in Congress Assembled as when approved and agreed to by them and duly ratified and confirmed by the several States uill effectually provide for the Exigencies of the Union. Given under my hand and the Great vSeal of the State in the City of Charleston this tenth day of April in the Year of our Lord one thousand seven hundred and eighty seven and of the Sovereignty and Independence of the United States of America the Eleventh. Thomas (Seal.) Pincknev. By His Excellency's Command Peter Freneau Secretary. State of South Carolina By His Excellency Thomas Pinckney Esquire, Gov- ernor and Commander in Chief in and over the State aforesaid. To the Honorable Pierce Butler Esquire Greeting. By \ irtue of the Power and authority in me vested by the 42 Legislatiire of this State in their Act passed the eighth day of March last, I do hereby- Coniniission you the said Pierce Butler, as one of the Deputies appointed from this State to meet such Deputies or Commissioners as may he appointed and authorized bv other of the United States to assemble in Convention at the City of Philadelphia in the Month of May next, or as soon thereafter as may be and to join with such Deputies or Commissioners (thej^ being duly authorised and empowered) in devising and discussing, all such Alterations, Clauses, Articles and Provisions as may be thought necessary to render the Fcederal Constitution entirely adeqiiate to the actual Situation and future good government of the con- federated States, and thai you together with the said Depu- ties or Commissioners or a Majority of them who shall be present (provided the State be not represented by less than two) do join in reporting such an Act, to the United States in Congress Assembled as wlien appro\cd and agreed to by them and duly ratified and confirmed by the several States will effcctuallv ]>rovide for the Exigencies of the I'uion. Given under niv hand and tlic Great Seal of the State in the Citv of Charleston this Tenth day of April in the Year of our Lcnxl one thousand seven hundred and Eighty seven, and of tlie Sovereignty and Independence of the United States of America the Eleventh. THO>rAS (Seal.) PixckxI'V. B}' His Excellency's Command Petkr Frkn'HAI' Secretary. 43 The State of Georgia by the graee of God, free, Sovereign and Independent. To the 1 lonoralile W'li, 1,1AM PikRCp: Esquire. Wherk.-V.S you the said William Pierce, are in and by an Ordinance of tlie General Assembly of our said State Nomi- nated and Appointed a Deputy to repre.sent the same in a Convention of the United States to be assembled at Philadel- phia, for the Purposes of revisint;' and discussing all such Alterations and farther Provisions as mav be necessary to M render the Fcederal Constitution adequate to the Exigencies 'xh >^ of the Union. S ?^ — ;15 ^''*^' ''^''^ therefore hereby Commissioned to proceed on "^ X w the duties required of \-ou in virtue of the said Ordinance " W'lTXKSS our trusty and well beloved Croroc Mathews E.squire, our Captain General, Governor and Com- mander in Chief, under his hand and our Great Seal at Augusta this Seventeenth da}- of April in the Year of our Lord one thou.sand seven hundred and eightv seven and of our Sovereignty and Independence the Eleventh. By His Honor's Command. J. AIlLTON. Sec''. The State of Georgia by the grace of God free, Sovereign and Independent. To.the Honorable William Few Esquire. WhERE.-\S von the said William Few, are in and by an Ordinance of the General Assembly of our said State Nomi- nated and appointed a Deputy to represent the same in a Convention of the United States to be assembled at Philadel- phia, for the Purposes of devising and discussing all such 44 Alterations and farther Provisions as may be necessary to O render the Foederal Constitntion adequate to the Exigencies y. of the I'nion. ^ You are therefore herebj' Commissioned to proceed on £7 the duties required of you in \irtue of the said Ordinance. W1TNES.S our trust\- and well-beloved GhorgE 5> X ]\Iathp:ws Esquire our Captain-General, Governor and Commander in Chief, under his hand and our XA Great Seal at Augusta, this se\-enteenth day of April in the Year of our Lord (Jue thousand seven hun- dred and eighty Seven, and of our So\ereignty and Independence the Eleventh. B}- His Honor's Counuaud J. IMlLTON Sec>' The State of Georgia 1n' the grace of God, free, vSo\-ereign and Independent. To the Honorable Willi.\.m H^rsTorN E.squire Whkr1':.\s \'ou the said 11 '////a/// I {oiistoiiii, are iu and b}' an Ordinance of the General Assembly of our said vStalc nomi- nated and appointed a Deputy to represent the same in a Convention of the United States to be asseml)led at Pliiladel- phia, for the purposes of devising and discussing all such Alterations and farther Provisions as ma\- be necessary to p, render the F'rcderal Constitution adecpuite to the Exigencies C '^ of the Union. :;•' You are therefore herebv Commissioned to proceed on the ~ Unties required of vou iu virtue of llie said ( )rdiuance. > WiTXHSS our Irustv and wcU-bcIovcd Gl'.oRGE 5, M.\'nii';\vs Esquire, our Ca])laiu-(icncr,il, (^lovcrnor yi and Commander of Chief, under liis liand and our 45 Great Seal :it Anjjusta, this seventeenth day of April in the Year of onr Lord One thonsand seven hun- dred and eii>lity seven, and of our Sovereignty and Independence the Eleventh. By his Honor's Command J. Milton Sec*' Georgia. By the Honorable George MaThkws Esquire, Cap- tain General, Governor and Commander in Chief, in and over the said State aforesaid. To all to whom these Presents shall come Greeting. Kxow Yk tliat JoHX Milton Esquire, who hatli Certified the annexed Copy of an Ordinance intitled "An Ordinance m "for the appointment of Deputies from this State for the pur- ^ "pose of revising the Frederal Constitution" — is Secretary g of the said State in whose Office the Archives of the same ^ are deposited. Therefore all due faith, Credit and Authority >" are and ought to be had and given the same. £ In Testimony whereof I have hereunto set mvhand w w and caused the Great Seal of the said vState to be put and affixed at Aiigusla^ this Twent}- fourtli day of April in the Year of our Lord One thousand seven hundred and eighty Seven and of our Sovereignty and Independence the Eleventh. By his Honor's Command J. Milton Sec'' 46 A.X Ordinance for the appointment of Deputies from this State for the purpose of revising the Foederal Constitu- tion. Be it Ordained b^- the Representatives of the Freemen of the State of Georgia in General Assembly met and b}- the Authority of the same, that WiLLiAM Few, Abraham Bald- win, William Pierce, George Walton William Hous- Toi'N AND Nathaniel Pendleton Esquires, Be, and they are herebj- appointed Commissioners, who, or any two or more of them are herebv authorized as, Deputies from this State to meet such deputies as may be appointed and authorized by other States to assemble in Ccntvottioii at Philadelphia and to join with them in devising and discussing all such Alterations and farther Provisions as may be necessary to render the Fa'drral Consfi/it/ioii adequate to the exigencies of the Ihiion, and in reporting such an Act for that purpose to the fnited States in Congress Assembled as when agreed to l)y them, and duly confirmed b\- the several States, will effectually provide for the same. In case of the death of any of the said Deputies, or of their declining their appointments, the Ex- ecutive are herebv authorized to supply such \'acancies. By Order of the House (signed) W"^' Gibhons Speaker. Augusta the lo February 1787. Georgia. Secretar3''s Office The above is a true Cop}- from the Original Ordinance deposited in ni}' Office. Augusta I ■ J: Milton Sec^ 24 April 1787 I Departinent of State Marcli 19. 1796. Received from the President of tlie V. States this journal of the general or ftcdcral con\cntion, in one hundred & fifty three pages; together witli a journal of the proceedings of the Committee of the Whole House; a book exhibiting on eight pages a detail of j-eas & nays on questions taken in the Con- vention & two loose sheets & a half sheet, containing nine pages of the like yeas and nays; a printed draught of the Con- stitution; a sheet marked N" i. exhibiting the state of the resolutions submitted to the consideration of the Hoiise by M"" Randolph, as agreed to in a Committee of the whole house; another sheet, marked N" 2. exhibiting the state of those resolutions as allnud, aiiii-i/dn/ &. agreed to in a Com- mittee of the whole House; and seven other papers, marked N° 3. N" 4. N° 5. N" 6. N" 7. N° 8. & N° 9. of no consequence in relation to the proceedings of the Convention, but which are on file with the printed draught of the Constitution and the papers marked N" i. & N" 2. The leaf containing the pages of this journal numbered 151 & 152, was loose; it had plainlj- been torn from the place where it is now inserted following page 150. — TiMOTHv Pickering, Sec>' of State. 47 In federal-Convention. On Monday the 14'" of May. A. D. 1787. and in the eleventh ^-ear of the independence of the Ignited States of America, at the State-Honse in the city of Philadelphia — in virtne of appointments from their respective States, sundry Deputies to the fcederal-Con\-ention appeared — but, a majority of the States not being represented, the Members present adjourned from day to day until fridav the 25"' of the said niontli, when, in virtue of the said appointments appeared from the States of Massachusetts The honorable Rufus King Esquire. New-York The honorable Robert Yates, and Alexander Hamilton Esquires. New-Jersey The honorable David Brearh', William Churchill Hoiiston, and William Patterson Esquires. Penns\-lvania The honorable Robert ^^lorris, Thomas P'itz Simmons, James Wilson, and Gouvcr- neur Morris Ivsquircs. Delaware TIic honorable George Read, Ricliard Bas- set, and Jacol) P>ro\\u lvs(|uires. Virginia His Excellcncv George Washington, Es- quire, His l{xcclleuc\- l{(lmuud Raudoljih Est|uiri- Tlic honoralilc John IMair, James Madison, George Mason, George Wythe, and James McClnrg Esquires. 48 49 Xorth-Carolina. . .Tlic liDiiorahk' Alexander Marlin, William Richardson I)a\ic, Richard Dobbs S])ai,<;hl, and Hnyh Williamson Esquires. South-Carolina.. .The honorable John Rulled.ye, Charles Cotesworth Pinckney, Charles Pinckne\-, and Pierce Butler Ksquires. Georgia The honorable F'ew Esquire. In foedcral-Convcntion Friday May 25. 17S7. It was moved by the honorable Robert Morris Esquire, One of the Deputies from Penns\lvania, that a President be elected by ballot, wliich was agreed to — and thereupon he nominated, on the part of the .said State, His Excellency George Washington Esquire The Members then proceeded to ballot on behalf of their respective States — and, the ballots being taken, it appeared that the said George Washington was unanimously elected — and he was conducted to the chair In- The honorable Robert Morris, aud John Rulledge Hs- qnires. The President then proposed to the House tliat they should proceed to the election of a Secretary — and, the ballots being taken, it appeared that William Jackson Esquire was elected. The following credentials were produced and read — (here insert the Credentials). The House then appointed Nich report them to the House — and he read the report in Iiis ])lace, and afterwards delivered it i:i at the Secretary's table; where lli • s.n'd rules were once 51 read ihrougliout, and Uieu a second time one by one; and upon the question severalh- ]n\{ lliereu])on two of tlieni were disagreed to; and tlie rest willi aniendnieuts to some of tliem were agreed to liy tlie Honse, which rnles, so agreed to, arc as follow Rnles to be observed as the standing Orders of tlie Con- vention. A House, to do business, shall consist of the Dejnities of not less than seven States; and all questions shall be decided by the greater number of these which shall be fnllv repre- sented; but a less number than seven may adjourn from da}- to day. Immediately after the President shall have taken the Chair, and the members their seats, the minutes of the pre- ceding day shall be read b_v the Secretar}- Every member, rising to speak, shall address the Presi- dent; and, whilst he shall be speaking, none shall pass be- tween tliem, or hold discourse with another, or read a book, pamphlet, or paper, printed or manuscript — and of two mem- bers, rising at the same time, the President shall name him who shall be first heard. A member shall not speak oftner than twice, without special leave, upon the same question ; and not tlie second time, before ever}' other, who had been silent, shall have been heard, if he choose to speak, upon the subject. A motion made and seconded, shall be repeated and, if written, as it shall be when any member shall so require, read aloud, by the Secretary, before it shall be debated; and may be withdrawn at any time before the vote upon it shall ha\-e been declared. Orders of the day shall be read next after the minutes, and either discussed or postponed before any other business shall be introduced. When a debate shall arise upon a question, no motion, other than to amend the question, to commit it, or to post- pone the debate shall he received. A question, which is complicated, shall, at the request of an}- member, be divided, and put separate!}- upon the propo- sitions, of which it is compounded. The determination of a question, although fnlh- debated, shall be postponed, if the Deputies of any State desire it, until the next day. A \\'riting, which contains any matter brought on to be considered, shall be read once throughout, for information, then by paragraphs, to be debated, and again, with the amenduients, if any, made on the second reading; and after- wards the question shall be put upon the whole, amended, or approved in it's original form, as the case shall be. That Counnittees shall be appointed by ballot; and that the members wlio have the greatest number of ballots, al- though not a majoritv of the votes present, be the Commit- tee — When two or more Meuibers have an equal number of votes, the Member standing first on the list in the order of taking down the ballots .shall be preferred. A uiember may be called to order b\- any otiier Alembcr, as well as by the President, and niav be allowed to explain his conduct or expressions, supposed to be re]ireheusible — And all c|uestions of order shall be decided l)y the President without aiJiical nr dcl)ale. Upon a question to adjourn, for the day, whicli may be made at anv time, if it be seconded, the (|ucsti()n sliall he put with- out a debate. 53 ^^'lK■n llic House sliall adjourn cvcrv Member sluill stand in his place unlil the President pass him. Resolved that the said rules be obser\-ed as standing Orders of the House. from sundry IV-rsons of the Slalf of Rluule Ishitul a letter addressed to the honorable the Chairman of the General Convention was presented to the Chair by M"^ G. Morris — and, being read, ordered that the said letter do Ive upon the table for farther consideration. A motion was made b_v Af Butler, one of the Deputies of South Carolina, that the Hou.se provide against interruption of btisiness by absence of members, and against licentious publication of their proceedings: also A motion was made by M"" Spaight, one of the Deputies of North-Carolina, to provide, that, on the one hand, the house, may not be precluded, l^y s. vote upon an}- question, from revising the subject matter of it, when thev see cause, nor, on the other hand, be led too hastily to rescind a decision, which was the result of mature discussion. Ordered that the said motions be referred to the consid- eration of the Committee appointed on fridaj- last, to draw- up rules to be obsen-ed as the standing orders of the Con- vention; and that they do examine the matters thereof, and report thereupon to the House. adjourned till to-morrow at lo' o'clock A. M Tuesday May 29. 1787. M' \\'\-the reported, from the Committee to whom the mo- tions made b\- M"^ Butler and ]\r Spaight were referred, 54 that the Committee had examined the matters of the said motions, and had come to the following resolntiou there- upon, resolved that it is the opinion of this Committee that provision be made for the purposes mentioned in the said motions — and to that end. The Committee beg leave to propose that the rules written under their resolution be added to the standing orders of the House. And the said rules were once read throughout and then a second time, one by one; and, on the question severallv put thereupon, were, with amendments to some of them, agreed to bv the House whicli rules so agreed to are as follow. 'o rules. That no member be absent from the House so as to interrupt the representation of the State without leave That Committees do not sit whilst the House shall be. or ought to l)e, sitting. Tliatno copy be taken of any entry on tlie ionrnal during "tiK- the sitting of the House Avithout leave of the House. Tliat members only be permitted to inspect the journal. That nothing spoken in the House be ])rinted, or other- wise published, or communicated without k'ave. That a motion to reconsider a matter, whicli liad l)een determined by a inajority, may he made, willi k-ave unani- mously given, (in tlie same day in wliirh tlic \tiU' pas.sed, but otlierwise, not without one days previous notice; in whicli last case, if llie House agree lo tlie reconsideration some future day shall be assigned fur thai pur])osc. 55 Resolved that the said rules l)e added to the standing orders of the House. The honorable John Dickinson Esq a Dejnity of the State of Delaware — and tlie honorable Elbridge Gerry Ksciuire. a Deputy from tlie State of Massachusetts, attended and took their seats. Ar Randolph, one of the Deputies of Virginia, laid before the House, for their consideration, sundry propositions, in writing, concerning the anicriean confederation, and the es- tablishment of a national governuuut Resolved that the House will to-niorrow resolve itself into a Committee oi the wliole House to consider of the state of the American Ihiion. Ordered that the propositions this da}' laid before the House, for their consideration, by AF Randolph he referred to the said Connuittee. i\r Charles Pinckney, one of the Deputies of South Caro- lina, laid before the House for their consideration, the draught of a fcederal government to be agreed upon between the free and independent States of America. Ordered that the said ["articles" stricken out] draught be referred to the Committee of the whole Hotise appointed to consider of the state of the american Union And then the House adjourned till to-morrow morning at lo o'clock Wednesday May 30. 17S7. The honorable Roger Sherman Esquire a Deput}- of the State of Connecticut attended and took his seat. 56 The order of the day being read The House resolved itself into a Committee of the whole Honse to consider of the state of the American union 'SV Pi-esident left the chair. ]\r Gorham, chosen by ballot, took the chair of the Com- mittee. I\r President resumed the chair ]\r Gorham reported from the Committee, that the Committee had made a progress in the naatter to them referred; and had directed him to mo\-c that they may have leave to sit again Resolved that this House will to-morrow again resolve itself into a Committee of the whole House to consider of the state of the American union And then the House adjourned till to-morrow at lo o'clock A. M. Tliursday Ma_y 31. 17S7. Tlie honorable William Pierce P/Squire. a Deputy of the State of Georgia attended and took his scat The following credentials were ])roduccd and read (liere insert the credentials of M' PVw and M'' Pierce) The oi'der of the day lieing read, The House resolved itself into a Committee of the whole House to consider of the State of the .American Union I\r President left tlic Chair JkP Gorliam took tlie Chair of the Committee M'' President resumed I lie Chair ^P Gorham reported from llic Committee that llie Committee had made a further ])rogress in llie matter to llicm rctcrred; 57 and had diivctcd liiiii to move that tlie\- nu^- liave leave to sit again. to-inorrow Resolved that this Mouse will again resohe itself into a Committee of tlie whole House to consider of the state of the American union And tlien the House adjourned until to-morrow at lo o'clock A IM. Fridav June i. 1787 The honorable William Houstouii, . a Deput}' of the State of Georgia, attended and took his seat. The following credential was produced and read (here in.sert M*" Houstoun's credential) The Order of the day being read, The House resolved it.sclf into a Committee of the whole House to consider of the State of the American Union — ]Vr President left the Chair. ^U Gorham took the Chair of the Committee M" President resumed the Chair M'' Gorham reported from the Committee that the Com- mittee had made a further progress in the matter to them referred; and had directed him to move that they may have leave tq sit again Resolved that this Hou.se will to-morrow again resolve itself into a Committee of the whole House to consider of the State of the american union. And then the House adjourned till to-morrow at 10 o'clock. A. M. 58 Saturday June 2'"' 17S7. ^Villia^l The honorable Samuel Johnson Esquire, a Deput}- of the State of Connecticut, and the honorable Daniel of S' Thomas and the honorable John Lansing junior a Deputy of the State of New- York Jenifer, a Deputy of the State of Maryland, attended and took their seats. The following credentials were produced and read, (here insert the credentials of the Deputies of the State of Mar^-land) The Order of the da}- being read. The House resolved itself into a Committee of the whole Hoiise to consider of the State of the American union. Ar President left the Chair M'" Gorham took the Chair of the Committee. Ar President resumed the Chair 'Sr Gorham reported from the Committee that the Com- mittee had made a further progress in the matter to them referred; and had directed him to move that they ma}' have leave to sit again Resolved that this House will on IMonda}- again resolve itself into a Committee of the whole House to consider of the State of the american union. .\nd tlien the House adjourned till Monday next at 11 o'clock A. M Mondav June 4"' T7S7. Tlie ( )rder of the dav being read The House resolved itself into ;i C-iii*>rro\v at And then the House adjourned till 1 1 o'Clock A. M. 62 Saturda}- June 9. 1 7S7. The honorable Luther Martin Esquire One of the Deputies of the State of ]Maryland attended and took his Seat. The order of the day being read The House resolved itself into a Committee of the whole House to consider of the State of the american union. ]\r President left the Chair "SV Gorham took the Chair of the Committee. 'Sr President resumed the Chair. ^F Gorham reported from the Committee that the Coni- n:ittee had made a further progress in the matter to them referred; and had directed him to move that thev mav have leave to sit again Resolved that this House will on Monday next again resolve it.sclf into a Committee of the whole House to con- sider of the State of the American union And then the House adjourned till Alonda}- next at 11 o'clock A. M. Monda3\Iune 11. 1787. Tlie Honorable Abraham Baldwin Esquire, one of the Deini- ties of the State of Georgia, attended aud took his .seat. The Order of tlie day l)eing read The House resolved it.self into a Conimillee of tlie whole Hou.se to consider of tlie State of tlie american union M' President left the chair Ar Gorham took the Chair of the Committee .M' President resumed the Chair RP Gorham reported fnnn the Ci>nnniUt-e that the Committee liad m;ide a further progress in tlu' nialter lo I hem referred; 63 and liad directed hiiu to move tlint thev may have leave to sit again. Rest)lved that this House will to-morrow at^'ain resolve itself into a Committee of the whok- House to consider of the State of the American union And then the House adjourned till to-morrow at ii o clock A. M Tuesday June 12. 17S7. The Order of the da}' being read The House resolved into a Committee of the whole House to consider of the state of the american union W President left the Chair M"" Gorham took the chair of the Committee M"" President resumed the Chair Rr Gorham reported from the Committee that the Committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again tomorrow Resolved that this House will. again resolve itself into a Committee of the whole House to consider of the State of the american union And then the House adjourned till to-morrow at 11 o'clock A. AI. Wednesday June 13. 17S7. The Order of the daj' being read The House resolved itself into a Committee of the whole House to consider of the state of the american Unicju. M"" President left the Chair 64 ]\r Gorhuin took the Chair of tlie Committee yV President resumed the Chair ]\r Gorham reported from the Committee that the Commit- tee having considered and gone througli the propositions to the Hotise offered b}' the honorable AF Randolph, and to them referred, were prepared to report thereon — and had directed him to submit the report to the consideration of the House. The report was then delivered in at the Secretary- \s table, and having been once read It was moved by INF Randolph seconded by ]\r Martin to postpone the farther consideration of the report till to- morrow and on the question to postpone it passed in the affirmative And then the House adjourned till to-morrow at 1 1 o'clock A. AI. Thursday June 14. 17S7. It was moved l)y AT Patterson seconded by M' Randolph that the farther consideration of tlie report from tlic Commit- tee of the whole House be postponed till to-morrow. and before the ciuestion for postponement was taken. It was ["'then" stricken out] moved by M' Randolph seconded by AT Patterson that the House adjourn. And tlien tlie House adjourned till lo-uiorrow at 11 o'clock. Friday June 15. ^7^7- M' Patterson subuiitted several resohitious to the considera- tion of the House, which lie read in his ])lace, and afterwards delivered in at the SecreUirv's tabic — They were then read — and It was moved by M' Madison seconded l)y M' Sliernian to refer the resolutions, offered l)y M' Patterson, to a Com- mittee of the whole House which passed in llic affirnialive It was moved by M' Rutledge seconded by M' Haniilloii to recommit the resolutions reported from a Committee of tlie .vhole House. whicli passed in the affirmative. Resolved that this House will to-morrow resolve itself into a Committee of the whole House to consider of the state of the americau union. And then the House adjourned till to-morrow at 1 1 o'clock. A. M. Saturdaj- June i6. 1787. The Order of the day being read The House resolved itself into a Committee of the whole House to cousider of the state of tlie american union IVr President left the Chair M"" Gorham took the Chair of the Committee Ar President resumed the Chair Ar Gorham reported from the Committee that the Committee had made a progress in the matter to them referred ; and had directed- him to move that they may have leave to sit again. Resolved that this House will on nuMiday next again resolve itself into a Committee of the whole Hou.se to con- sider of the state of the American Union. And then tlie House adjourned till Monday next at 1 1 o'clock A. M. I .\p 5 66 Monday June iS. 1787. The Order of the da}' being read. The House resolved itself into a Committee of the whole House to consider of the State of the American Union Ar President left the Chair ]\r Gorham took the Chair of the Committee ]\r President resumed the Chair. ]\P Gorham reported from the Committee that the Committee had made a further progress in the matter to them referred: and had directed him to move that the}- ma}' have leave to sit again Resolved that this House will to-morrow again resolve itself into a Committee of the whole House to consider of the state of the american Union. and then tlie House adjourned till to-morrow at 1 1 oClock A. U. Tuesday June 19. 1787. The Order of tlie dav being read Tlie House resolved itself iulo a Committee of the whole House to consider of tlie state of the American Union. M' President left llie Chair M"^ Gorham took llie Cliair of the Committee M' President rcsunu-d the Chair. M'' Goi-liam reported from tlu- Commillec thai Uu- Conimil- tee, having spent some time in tlie consideration of llie propositions snbniitled to tlu- I louse ))}• tlie honorable M' Paterson — and of the resolntions lieretoloi\' re]»oiiid from a Committee of tin- wlioK- I loiise, both of wliiili had hern to . «7 them referred, were prepared to report tlicreon — and had to lilt* Honsf directed him to report that the Committee do not agree to the propositions offered h\- llic lioiiorable M' Paterson — and that they again snbmit llie resolutions, formerly rcjxirtcd, to the consideration of the House. It was then moved and seconded to postpone the con- sideration of the first resolution, reported from the Committee till to-morrow. and on the question to postpone it passed in the affirmative And then the House adjourned till to-morrow at ii o'clock A. M. Wednesday June 20. 1787. The honorable William Blount Esquire a Deputy from the State of North Carolina attended and took his .seat. The following credentials were then produced and read, (here insert '\V Blount's credentials) It was moved by AF Ellsworth seconded by M' Gorliam to amend the first resolution reported from the Committee of the whole House so as to read as follows — namely, Resolved that the government of the United States ought to consist of a Supreme Legislative, Judiciary, and Executive. On the question to agree to the amendment it passed uuanimousl}' in the affirmati\e It was then moved by M'' Lansing seconded b)' Ar. Sherman to postp<}ne the consideration of the second resolution re- ported from the Committee, in order to take up the following, namely. 68 Resolved that the poAvers of legislation be vested in the United States in Congress. and on the qnestion to postpone - it passed in the negative. It was then moved and seconded to adjonrn which passed in the negative On motion of the Deputies of the State of Delaware the de- termination of the Honse on the second resolntion reported from the Committee was postponed until to-morrow. and then the House adjourned till to-morrow at 1 1 o'clock A. ^I. June 21. 17S7. The honorable Jonathan Dayton Esquire, a Deputy of the State of New Jersey, attended and took his seat Tlie following credentials were produced and read, (here insert M' Dayton's credentials). It was moved and seconded to agree to the second resolution reported from the Committee, namely, Resolved tliat the Legislature consist of Two Branches. wliich passed in the affirmative. It was moved and seconded to amend the first clause of the 3"' resolution reported from the Committee so as to read Resolved lliat tlie Members of the first brancli of the Leg- islature ought to be appointed in such manner as the Legis- lature of eacli vState shall direcl On the question to agree to the amendment it pas.scd in the negative It was then moved and seconded to agree to the first ciau.se 69 of the third resolution as reported from tlie Coininittee, namel3\ Resolved that the Members of the first branch of the Legis- lature ought to be elected by the People of the several States. which passed in the affirni;iti\e It was moved and seconded to erase the word "three" from the second clause of the third resolution, reported from the Committee which passed in the affirmative It was mo\-ed and seconded to insert the word "Two" in the second clause of tlie third resolution re- ported from the Committee. which passed unanimousl}- in the affirmative and then the House adjourned till to-morrow at 1 1 o'Clock. A. M. Friday June 22. It was moved and seconded to strike the following words out reported from the Coniiiiittee of the 4'" clause in the 3'''^ resolution, namely "To be paid out of the public treasurj^" On the question to strike out the words it passed in the negative It was moved and seconded to strike ["out" stricken out] the following words out of the 3'^'' resolution reported from the committee, namely " to receive fixed stipends by which they maj- be compen- sated for the devotion of their time to public service" and to substitute the following clause, namely "to receive an adequate compensation for their services" On the question to agree to the amendmeut it passed in the affirmative 7° It was theu moved and seconded to take the vote of tlie House on the whole proposition namely "To receive an adequate compensation for their services, to be paid ont of the public Treasury" An objection of order being taken to this motion — it was submitted to the House. and on the question is the motion in order it passed in the affirmative. The determination of the House on the whole proposition was, on motion of the Deputies of the State of South Caro- lina, postponed until to-uiorrow It was mo\ed and seconded to add the following ["words" stricken out] clause to the 3"' resolution to be of the age of 25 years at least, which passed in the aflfirmative. It was mo\ed and seconded to strike out the following words in tlic last clause of the 3"' resolution "and under the national government for the space of One 3X'ar after it's expiration" On the question to strike out the words it passed in the negative, and then the House adjourned till to-morrow at 1 1 o'Clock. A. M. Saturday June 23. 1787. It was moved and seconded to agree to the proposition, wliich was postponed yesterdaj', on motion of llic l)c])ulics of the State of South Carolina, namely, To receive ;ni adequate conqicusatiou for their services, to be paid out of the Public Treasurj'. 71 On the question to agree to tin.- i)ro])nsitinn it passed in the negative It was moved and seconded to strike out the following words in llie third resolution reported from the Committee namely "by a uarticular State" On the question to strike out the words it passed in the affirmative It was moved and seconded to amend the third resolution by strikiu}^ out the following words uamclv "or under the "authority of the United States during the term of ser\-ice, "and under the national government for the space of cme "year after it's expiration" — and inserting the following clause, after the word "established" namelv "or the emoluments whereof shall have been augmented "b^- the Legislature of the United vStates during the time of "their being members thereof, and until they shall have "ceased to be Members for the space of one year" On the question to agree to the amendment it passed in the negative It was mo\'ed and seconded to add after the words " ineligible to" the words "and incapable of holding" which passed in the affirmative It was moved and seconded to strike the words "national government" out of the third resolution whicli passed in the affirmative It was moved and seconded to strike the word "established" out of the 3'^'' resolution which passed in the affirmative 72 It was moved and seconded to add after the word "service" iu the third resolution, the words "of the first branch" which passed in the afi&rmative It was then nio\-ed and seconded to agree to the words "and for the space of one vear after its expiration" On the question to agree to these words it passed in the negative And then the House adjourned till nionda}' next at ii o'clock. A. M. ]\Ionday June 25. 87. It was moved and seconded to erase the word "national" and to substitute the words "United States" (in the fourth resolution) which passed in the affirmative. It was moved and seconded to postpone the consideration of the first clause of the fourth resolution in order to take up the eighth resolution re])orted from the Committee On the question to postpone it passed in the negative It was moved and seconded to postpone the considcraticm of the fourth in order to take up the seventh resolution On tlie question to postpone it ])assed in tlie negative It was moved and seconded to agree to the first clause of the fourth resolution, namely "Resolved lliat tlic Members of tlic second l)ranch of the " Legislature of the United States ought to be chosen by the " individual Legislatures" 73 On the (|UL-sti(ni to agree it ])ass(.'(l in the affirmative It was iiiovcd and seconded to agree to tlie second clanse of the fourth resolution, namely "to be of the age of thirty vcars at least" which passed iinaiiimonslv in the affirmative It was moved and seconded to erase the words "sufficient to ensnre their independency" from the third clause of the ft)urth resolution which passed in the affirmative It was moved and seconded to add after the words "seven years," in the fourth resolution, the words "to go out in fixed proporticms" It was moved and seconded to iusert the word "six" instead of " seven " It was moved and seconded to amend the clause so as to read "for tour 3'ears, one fourth to go out annually" No determination being taken on the three last motions It was moved and seconded to erase the word "seven" from the 3'''' clause of the fourth rescjlution which passed in the affirmative It was moved and seconded to fill up the blank in the 3'^'' clause of the fourth resolution with the word "six" which passed in the negative It was moved and seconded to fill up the blank in the 3"' clause of the fourth resolution with the word "five" which passed in the negative And then the House adjourned till to-morrow at 1 1 o'clock. A. M. 74 Tuesday June 26. 1787. It was moved and seconded to amend the third clause of the fourth resolution reported from the Committee so as to read as follows, uamel}' "for nine years, one third to go out trienniall}- " which passed in the negative It was then moved and seconded to amend the third clause of the fourth resolution so as to read "for six 3'ears, one third to go out bienniall}-" On the question to agree to the amendment it passed in the affirmative It was moved and seconded to amend the fourth clause of the fourth resolution so as to read "to receive a compensation for the devotion of their time to the public ser\dce" which passed in the affirmative It was moved and seconded to erase the following words from the fourth resolution, namely "out of llie national Trcasurj'," and to substitute the following namely "b}' their respective States" which passed in the negative It was moved and seconded to agree to the following clause in the fourth resolution nauR'l\' "to be paid out of the public Treasury" which passed in tlic negative It was moved and seconded to postpone the consideration of the last clause in the fourth resolution, as reported from llie Committee, in order to take up the following proposition, offered as a suhstilute, naniel}- 75 "to be inelig-ible Ui, and iiKapal)lc oi" luildin<^ am- office "['established' stricken out] under llic authority of tlic "United States (except those peculiarly bclonj^ing to the "functiinis of the second branch) during- the term for which "the}- are elected" On the question to postpone it passed in the affirmative. til (.Ml It was moved and seconded to add after the word "elected" the words "and for One year thereafter" which passed in the affirmative It was then moved and seconded to agree to the proposition as amended namely "to be ineligible to, and incapable of holding any office "['established' stricken out] under the authority of the "United States (except those peculiarly belonging to the "functions of the second branch) during the term for which "they are elected, and for one year thereafter" which passed in the affirmative. It was moved and seconded to add the following clause to the fourth resolution, namely " and to be ineligible and incapable of holding any office "under a particular State" which passed in the negative It was moved and seconded to agree to the fifth resolution reported from the Committee namel}'. " Resolved that each Branch ought to possess the right of originating acts" which pas.sed unanimously in the affirmative and then the House adjourned till to-morrow at ii o'clock A. M. 76 Wednesday June 27. 1787. It was moved and seconded to postpone tlie consideration of the sixth resohition reported from the Committee in order to take up the seventh and eighth resolutions On the question to postpone it passed in the affirmative It was moved and seconded to agree to the first clause of the seventh resolution namely " Resolved that the right of suffrage in the first branch of "the national Legislature ought not to be according to the "rule established in the articles of confederation" Before a determination was taken on the clause, the House adjourned till to-morrow at 1 1 o'Clock A. M. Thursday June 28. 1787. It was moved and seconded to amend the seventh resolution reported from the Committee so as to read as follows, namely Resolved that the riglit of suftrage in tlie first branch of tlie Legislature of the United States ought to be in propor- tion to the wliole number of wliite and other free citizens and inhabitants of every age, sex and condition including those bound to servitude for a term of years, and tliree fifths of all otlier persons not comprehended in llic foregoing description, except Indians, not paying taxes in each State. It was moved and seconded to erase the word "not" from the first clause of the sevenlli resolutiou so as to read Resolved llial tlie riglit of suffrage in ibe second branch of llie Legislaluie of tlie I'niled States onglil to l)e according to tlie rule established in the articles of confederation 77 The determination of tlic Honsc on tlic motion for erasing the word "not" from the first eUxnse of the seventh resohi- tion was postponed, at llie reqnest of the Deputies of tlie State of New-York till tomorrow. And then the House adjourned till to-morrow at 1 1 o'clock A. .M Friday June 29. 1787. It was moved and seconded to strike the word "not" out of the first clause of the seventh resolution reported from the Committee On the question to ["ag" stricken out] strike out it passed in the negative It was moved and seconded to agree to the first clause of the seventh resolution, as reported from the Committee namel}'. Resolved that the right of suffrage in the first branch of the ["national" stricken out] Legislature of the United States ought not to be according to the rule established in the articles of confederation but according to some equita- ble ratio of representation On the question to agree it passed in the affirmative It was moved and seconded to postpone the farther con- sideration of the seventh in order to take uj) the eighth resolution which passed in the affirmative It was moved and seconded to amend the eighth resolution reported from the Committee so as to read as follows namely 78 Resolved that in the second branch of the Legislature of the United States each State shall have an equal vote. — Before the determination of the House was taken on the last motion, the House adjourned till to-morrow at ii o'clock A. U Saturday-, June 30. 1787. The following resolution was moved and seconded namely "Resolved that the President be requested to write to "the supreme Execixtive of the State of New Hampshire and "inform liim that the business before the Convention is of "such a nature as to require the immediate attendance of the "Gentlemen appointed by that State to this Convention." On the question to agree to the resolution it passed in the negative. It was then moved and seconded to take up the resolution sub- mitted to the consideration of the House yesterday, namely. Resolved that in the second Branch of the Legislature of the United vStates each State shall have an equal vote. After .sonic time passed in debate. The House adjourned till Monday next at i i oClock a. m. Monday July 2. 1787. It was moved and seconded to agree to the following reso- lulion. nanich'. Resolved that in the second Bnuicli of the Legislature of the United States each State shall liavr an e(|nal vote. \sliicli ])asscd in the negali\e It was moved and .seconded toapiioint a Comniitti'c consisting 79 of a Deputy from cacli Stale- lo whom the eighth resolution, and so much of the seventh resolution, reported from the Committee of the whole House, as has not been decided upon should be referred On the question to agree to this motion it passed in the affirmative and a Committee by ballot was appointed of M"' Gerry, M' Ellsworth, W Yates, M'' Paterson, M' Franklin, W Bedford, M^ Martin, M" Mason, AF Davie, IVF Rutledge and M' Baldwin. And then the House adjourned till Thursday' next at ii o'clock A. M Thursday July 5. 1787. v The honorable M*" Gerry reported from the Committee, to whom were referred the eighth resolution and such part of the seventh resolution as had not already been decided on by the House, that the Committee had directed him to submit the following report to the consideration of the House, — and the same being delivered in at the Secretary's table was read once throughout, and then by paragraphs and is as follows, namel}'. The Committee to whom were referred the eighth resolution reported from the Committee of the wliolc House, and so ranch of the seventh as hath not been decided on submit the following report. "That the subsequent propositions be recommended to the Convention, on condition that both shall be generally adopted. So i'' That in the first branch of the Legislature each of the States now in the Union be allowed one Member for everj' fort}- thousand inhabitants of the description reported in the seventh resolution of the Committee of the whole House. That each State not containing that number shall be allowed one Member — That all Bills for raising or appropriating mone}- and for fixing the salaries of the Ofl&cers of the Government of the United States, shall originate in the first Branch of the Legislature, and shall not be altered or amended b}- the second Branch — and that no mone}- shall be drawn from the public Treasur\- but in pursuance of appropriations to be originated b}- the first Branch. 2'>asscd nnanimouslv in the afiinnative On the question to agree to the resolution as amended it passed unanini()usl\- in the negative, and then tlie House adjourned till to-morrow at 1 1 o'clock A. AI. Thursday July 12. 1787. It was moved and seconded to add tlio following clause to the la.st re.soluli(jn agreed to Ijy llie House, respecting the 89 representation in tlic iirsl l)rani.'li n{ tin.' Legislature of tlie U. S. — nanK-ly. "Provided always that direct Taxation onght to be pro- " portioned according to representation" which passed nnaniniously in the affirmative. It was moved and seconded to postpone the consideration of the first clause in llic report from tlie first grand Committee which passed in the affirmative It was moved and seconded to add the following amendment to the last clause adopted b}- the House namely "and that the rule of contribution by direct taxation for the support of the government of the United States shall be the number of white inhabitants, and three fifths of ever}' other description in the several States, until some other rule that shall more accurately ascertain the wealth of the se^■eral States can be devised and adopted by the Legislature The last amendment being withdrawn — it was moved and sec- onded to substitiite the following, namely. "And in order to ascertain the alteration in the represen- tation which may be required from time to time by the changes in the relative circumstances of the States — Resolved that a Census be taken within two years from the first meeting of the Legislature of the United States, and once within the term of every 5'ears afterwards of all the inhabitants of the United States in the manner, and according to the ratio re'commended by Congress in their resolution of. and that the Legislature of the United States shall arrange the representation accordingly. It was moved and seconded so to alter the last clause adopted by the House that together with the amendment proposed the whole should read as follows namely 9° "Provided always that representation otiglit to be propor- "tioned according to direct Taxation, and in order to ascer- "tain the alteration in the direct Taxation which ma}' be " reqnired from time to time by the changes in the relative "circumstances of the States — Resolved that a Census be "taken within two 3'ears from the first meeting of the Legis- " lature of the United States, and once within the term of "every 3-ears aftenvards of all the inhabitants of the "United States in the manner and according to the ratio "recommended bv Congress in their resolution of April 18. "17S3 — and that the Legislature of the United States shall "proportion the direct Taxation accordingly" It was moved and seconded to strike out the word "Two" and insert the word "Six" which passed in the affirmative It was moved and seconded to fill up the blank with the word "Ten" which passed in the affirmative It was n:o\ed and seconded to strike out the words "in the manner and according to the ratio recommended by Congress in their recommendation of April 18. 1783 — and to substitute the following namely "of every description and condition" which passed in the negative. The question being about, to l)e put upon the clause as amended — The previous question was called for, and passed in the negative. On the question to agree to the clause, as amended, namely " Provided always that representation ought to be propor- ti(jned according to direct Taxation and in order to ascertain the alteration in tlie direct Taxation whicli may be required from time to time by the changes in the relative circumstances 91 of the States — Resolved tliat a Census be taken within six years from the first meeting of the Legislature of tlie United States and onee within the term of every Ten years after- wards of all the inhabitants of the United States in the man- ner and aeeording to llie ratio recommended by Congress in their resolution of April iS. 1783 — and that the Legislature of the U.S. shall proportion the direct Taxation accordingly And then the House adjourned until to-morrow at 11 o'clock. A. M. Frida}- July 13. 1787. It was moved and seconded to postpone the consideration of that clause in the report of the grand Committee, which re- spects the originating of money bills in the first Branch — in order to take up the following, namely "That in the second branch of the Legislature of the United-States each State shall have an equal vote" It was moved and seconded to add the following amend- ment to the last clause agreed to by the House, namely "That from the first meeting of the Legislature of the United States until a Census shall be taken, all monies to be raised for supplying the public Treasury bj' direct Taxation shall be assessed on the inhabitants of the several States according to the number of their representatives respective!}- in the first Branch It was moved and seconded to postpone the consideration of the amendment which passed in the negative On the question to agree to the amendment it passed in the negative 92 It was moved and seconded to agree to the following amend- ment namely That from the first meeting of the Legislature of the United States until a Census shall be taken, all monies for suppU'ing the public Treasury by direct Taxation shall be raised from the several States according to the number of their representatives respectively in the first Branch which passed in the affirmative It was moved and seconded to reconsider the second clause of the report from the Committee of five — entered on the Journal of the 9"' ins' which was unanimously agreed to. It was mo%'ed and seconded to alter the second clause re- ported from the Committee of five, entered on the Journal of the g"' instant, so as to read as follows namely " But as the present sitiiation of the States may probably alter in tlie number of their inhabitants that the Legislature of the United States be authorised from time to time to apportion the number of representatives: and in case any of the States shall hereafter be divided, or anv two or more States united, or anv new States created within the limits of the United States, the Legislature of the U. S. shall ]:)ossess authority to regulate the number of representatives in any of the foregoing cases upon the ])rinci])le of their number of inhabitants, according to the j)ro\isions hereafter uuMitioned — On the question to agree to the clause as amended it passed in the afiirmative It was moved and seconded to add after the word "divided" tlic following words, namely "(jr enlarged by addition of territory" whicli ]")assed uuauiniouslv in the affirmatix'e 93 and then the House adjourned until to-morrow at 1 1 o'clock A M. Saturday July 14. 1787. It was moved and seconded to agree to the following proposition, namely. That to secure the liberties of the States already con- federated, the number of representatives in the first branch from the States wliicli shall hereafter be established, shall never exceed the representatives from such of the thirteen United States as shall accede to this Confederation. On the question to agree to the proposition it passed in the negative It was moved and seconded to reconsider the two proposi- tions reported from the grand Committee, and agreed by the House to stand part of the report — entered on the Journal of the 6. instant It was moved and seconded to postpone the second clause of the report from the grand Committee, entered on the Journals of the 6 instant, in order to take up the following, namely That the second branch of the Legislature shall have Thirty six Members of which number New Hampshire shall have 2. Massachusetts 4 Rhode Island i Connecticut 3 New York 3 New Jersey 2 Pennsylvania 4 9-i Delaware i Mar3'land 3 Virginia 5 N° Carolina 3 S° Carolina 3 Georgia 2. On the question to postpone, it passed in the negative, and then the House adjourned till Monday Monday Jul}- 16. 1787. The question being taken on the whole of the report from the grand Committee as amended it passed in the affirmative and is as follows, namely-. Resolved — That in the original formation of the Legis- lature of the United States the first Branch thereof shall consist of Sixt}' five members — of which number New Hampshire sh.all send Three Massachusetts Kight Rliode Island One Connecticut Five New York vSix New Jcrsc\' four Pennsylvania Eight Delaware One Marylaud vSix Virgiuia Ten North Carolina Five vSoiuli Carolina I-'ive Georgia Three. 95 But as the present situation of the States niav probably alter in the number of their in]ial)itants the Lej^islatnre of tlie United States shall be authorized from time [n time to appor- tion tile numl)er of representatives: and in case any of the States shall hereafter be divided, or enlarged by addition of territory, or any two or more States united, or an}- New States created witliin the limits of the United States the Legislature of the United States shall possess authority to regulate the number of representatives: [" and " stricken out] in [" case " stricken out] any of the foregoing cases upon the principle of their number of inhabitants, according to the provisions here- after mentioned, nameh-. Provided al\va}-s that representation ought to be propor- tioned according to direct Taxation ; and in order to ascertain the alteration in the direct Taxation, which niav be recjviired from time to time \)y tlie changes in the relative circumstances of the States — Resolved that a Census be taken within six years from the first Meeting of the Legislature of the United States, and once within the term of e\ery Ten j'ears after- wards of all the inhabitants of the United States in the man- ner and according to the ratio recommended b}' Congress in their resolution of April i8. 1783 — and that the Legislature of the United States shall proportion the direct Taxation ac- cordingly. Resolved That all Bills for raising or appropriating money, and fpr fixing the salaries of the Officers of the Government of the United States shall originate in the first Branch of the Legislature of the I'nited States, and shall not be altered or amended by the second Branch — and that no money shall be drawn from the Public Treasury but in pursuance of appro- priations to be originated by the first Branch. 96 Resolved That in the second Branch of the Legislature of the United States each State shall have an eqnal ^•ote. It. was nio%-ed and seconded to agree to the first claiise of the sixth resolution reported from the Committee of the whole House namel}' " That the national Legislature ought to possess the legisla- " tive rights vested in Congress by the confederation " which passed unanimously in the affirmative It was moved and seconded to commit the second clause of the Sixth resolution reported from the Committee of the whole House which passed in the negative And then the House adjourned till to-morrow at ii o'Clock A. M. Tuesda}- July 17. 1787. cousid" of the It was moved and seconded to postpone the second clause of the Sixtli resolution reported from the Committee of the wliole House in order to take up the following " To make laws binding on the People of the United " States in all cases whicli may concern llic common interests "of the Union: l)ut not to interfere with the government of "tile individual Slates in any mailers of internal jiolice which "respect the government of such vSlales onlv, and wherein " the general welfare of the I'niled States is not eoncerned." which ])assed in llie negative It was moved and seconded to alter the second clause of the 6'" resolution so as to read as follows, namely "and moreover to legislate in all cases for the general in- .iri'l terests of the l^nion, also in those to w hicli the Slates are a 97 g separately incompetent, or in which the harmony of the a United States niav be iiitcnuplcd by the exercise of indi- J vidnal legislation -j^ which passed in tlie affirmative I On the question to agree to the following clause of the sixth resolution reported from the Committee of the whole House, K namely, J) I "to negative all laws passed by the several States contra- M "vening in the opinion of the national legislature, the articles ° "of union, or any treaties subsisting under the authority of I "the Union" g Q it passed in the negative •5 It was moved and seconded to agree to the following resolu- i tion namely. ■S Resolved that the legislative acts of the United States 8. t made by \irtue and in pursuance of the articles of Union and •^ all Treaties made and ratified under the authority of the 1 United States shall be the supreme law of the respective ■&- States as far as those acts or Treaties shall relate to the said 2 = States, or their Citizens and Inhabitants — and that the Judi- 7j ^' ^ . . £ p -B ciaries of the several States shall be bound thereby in their ^ 7 = i'Sc^ decisions, any thing in the respective laws of the individual o 'a M States to the contrary notwithstanding 2 -^ '~ which passed unanimously in the affirmative 33 « w fe§ g +IW eg u — ^ :: I It was. moved and seconded to strike the words "national legislature" out of the second clause of the 9"" resolution, reported from the Committee of the whole = -y " House and to insert the words ^ 5 "the Citizens of the United States" ^ which passed in the negative I AP 7 c ^ - 98 It was moved and seconded to alter the second clause of the 9"^ resolution reported from the Committee of the whole House so as to read "To be chosen bj- Electors to be appointed b}- the several Legislatures of the individual States" which passed in the negative It was moved and seconded to postpone the consideration of >> the following clause i "for the term of seven years" a 1 which was unanimously agreed to ^ j; On the question to agree to the following clause namely 'f. s "with Tjower to carrv into effect the national laws" "^ -g " it passed unanimously in 3-^' affirmative 5 -"^ ^ o ^ c On the question to agree to the following clause namely £ I 5 "to appoint to offices in cases not otherwise provided for" n .2 § 2 s T3 it passed uuanimouslv in the affirmative "g 5 g. It was mo\-ed and seconded to strike out the following words iielj- "to be ineligible a second time" ^ "S 1 namely § -° which passed in the affirmative S 2 It was moved and sccoiuled to strike out the words "seven years" and to insert the words "good behaviour." wliich passed in the negative. It was moved and seconded to strike out the words "seven j^ears" whicli pas.sed in tlie negative And then the Hou.se adjourned till to-morrow ul 1 i o'Clock A. M. 99 Wednesday July iS. 17S7. It was nio\ed and seconded to postpone tlie consideration of the followinvi' clause in the 9"' resolution reported from the Committee of the whole House namely "for the term of sex'cn years" which passed unanimously in y'' affirmative It was moved and seconded to postpone the consideration of the remaining clause of the 9"' and the 10"' resolution in order to take up the i:"' resolution. wliich passed in the affirmative On the question to agree to the following clause of the 11"' resolution nameh- "That a natit)nal Judiciarv he established" it passed unanimously in the affirmative On the question to agree to the following clause of the 11"' resolution namely "To consist of One supreme Tribunal it passed unanimously in the affirmative It was moved and seconded to strike out the words "second branch of the national Legislature" and to insert the words "national executive" in the 11. resolution which passed in the negative. It was moved and seconded to alter the 3"' cause of the 11"' resolution so as to read as follows, namelv, The Judges of which shall be nominated and appointed b}' the Kxecutive by and with the advice and consent of the sec- ond Branch of the Legislature of the United States — and every such nomination shall be made at least days prior to such appointment which passed in the negative lOO It was moved and seconded to alter the 3""'' clanse of the ii"" resolution so as to read as follows namel\- That the Judges shall be nominated by the Executive and such nomination shall become an appointment if not disagreed to within davs by two thirds of the second branch of the Legislature. It was moved and seconded to postpone the consideration of the last amendment which was unanimonsl}' agreed to On the question to agree to the following clause of the ii"' resolution namely "to hold their Offices during- good behav- iour" it passed unanimous! v in the affirmative On the question to agree to the following clause of the eleventh resolution namely "to receive, punctually, at stated times a fixed compensa- "tion for their services" it passed uuanimouslv in the affirmative It was moved and seconded to strike the wtn'ds "Encrease or" out of the eleventh resolution which passed iu the affirmative On the question to agree to the clause as auieuded namely "to receive, punctual! \', at stated times, a fixed compensation "for their services iu whicli no diminution shall be made so "as to affect the Persons actuall\- in ( )ffice at the lime of such "diminution " it passed unanimonsl\- iu tlie affirmative On tlie question to agree to tlie 12"' resolution namely "That tlie national Legislature l)e empowered to appoint " inferior Tribunals" it p.issed unaninionsU' in tlu' affirmative lOI It was moved and seconded to strike the words "impeaclniieiits of iiatit)iial Officers" out of tlie 13"' reso- lution wliicli ])assed imaniniously in tlie affirmative It was moved and seconded to alter tlie 13''' resolntion so as to read as follows nameh- That the jnrisdiction of the national Judiciar}^ shall extend to cases arising under laws passed by the general Legislature, and to such other questions as involve the National peace and harmony which passed unanimouslv in the affirmative On the question to agree to the 14 resolution namely Resolved That provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otlierwise with the consent of a number of voices in the national Legislature less than the whole. unanimouslv it passed in the affirmative On the question to agree to the first clause of the 15"' reso- lution reported from the Committee of the whole House [■■ it p" stricken ont] it passed in the negative On the question to agree to the last clause of the 15"' resolu- tion it passed unanimous!}- in the negative It was moved and seconded to alter the sixteenth resolution so as to read as follows namely That a republican form of Go\ernment shall be guaran- teed to each State — and that each State shall be protected against foreign and domestic violence which passed in the affirmative And then the House adjourned till to-morrow at 1 1 o'Clock A. M. I02 Thursday July 19. 1787. It was moved and seconded to reconsider the several claiises of the 9"' resolution which respect the appointment, duration, and eligibilit}- of the National Executive. and unanimousU' agreed to reconsider immediately It was moved and seconded to agree to the following proposi ■ tion, namely, " to be chosen by Electors appointed for that purpose by the Legislatures of the States, in the following proportion One per SO) I from each State whose numbers, according to the ratio fixed in the resolution, shall not exceed 100,000 — Two from each of the others, whose numbers shall not exceed 300,000 — and Three from each of the rest. On the question to agree to the following clause namely "To be chosen by electors appointed for that purpose b}' the Legislatures of the States" it passed in the affirmative. It was agreed to po.stpone the consideration of the remainder of the proposition. It was moved and seconded to agree to the following clause, namely, "for the term of .seven years" which passed in the negative On the question to agree to tlie following clause namely "for the term of six years" it pas.scd in the affiruiative On the question to restore tlic words "to be ineligible a second time" it passed iu tlu- negalive. .'Vnd theu the Hou.sc adjouruid till to-morrow at i i o'Clock .\. M. Friday July 20. 17S7. It was nio\ccl and seconded to postpone the consideration of the chaise, respectinsj the munlier of Kleclors, entered on the Journal 3-esterday in cn-der to take uj) the following namely, Resolved that for the first election of the supreme Execu- tive the proportion of Electors shall be as follows, namely, New Hampshire i I )elaware i Massachusetts 3 ^Maryland 2 Rhode Island i \'irginia 3 Connecticut 2 North Carolina 2 New York 2 South Carolina 2 New Jersey 2 Georgia i Pennsvlvania 3 — in all 25. Electors. On the question to postpone it passed in the affirmative It was mo\-ed and seconded to refer the last motion to a Committee which passed in the negative. It was moved and seconded to add one Elector to the States of New Hampshire and Georgia. which passed in the affirmative. The last motion having been misunderstood, it was moved and seconded that it be put again — and on the question to give an additional Elector to each of the States of New Hampshire and Georgia it pas.scd in the negative. On the question to agree to the above resolution respecting the first election of the supreme Executive it passed in the affirmative. It was moved and seconded to agree to the following resolution I04 Resolved That the Electors respectively shall not be Mem- bers of the National Legislature, or Officers of the Union, or eligible to the office of supreme Magistrate which passed in the affirmative. It was moved and seconded to agree to tlie following clause of the g"' resolution reported from the Committee of the whole House namel}- "To be removable on impeachment and conviction of malpractice or neglect of duty" It was moved and seconded to postpone the consideration of the last motion which passed in the negative. It was moved and seconded to agree to the clause which passed in the affirmative It was moved and seconded to agree to the following clause namel}' "to receive a fixed compensation for the devotion of liis time to public service" which passed unan: in the affirmative It was moved and seconded to agree to the following clause, namel)' "to be paid out of tlie national Treasury" which passed unan: in the affirmative and then the House adjourned till t()-nu)rro\v at i i o'Clock A. M. Saturday July 21. 17^7. It was moved and seconded to add tlie following clause to the resoliilion rcsjjccting the IClcctors of the su])rciiie Executive, name!}' I05 " W'lio shall be paid out i>l" lliu national Tivasur}- for the "devotion of their time to public service" wliich passed unaninioush' iu the affirmative. It was mo\-ed and seconded to add after the words "national Execntixc" iu the lo"' resolution the words "together with the supreme national Judiciary." which passed in the negative It was mo\ed and seconded to agree to the lo"" resolution, as reported from llic Committee of the whole House, namely Resolved that the national Executive shall have a right to negative any legi.slative act, which shall not be afterwards passed unless by two third parts of each Branch of the na- tional Legislature. which ])assed unanimously in the affirmative On the qttestion to agree to the following amendment of the 3"' clause of the 11"' resolution, nameh- "That the Judges shall be nominated l)v the Executive, "and such ['appointment" stricken cnit] nomination shall "become an appointment if not disagreed to b}- the .second "Branch of the Legi.slature" it passed in the negative On the question to agree to the following clause of the 1 1"' resolution, as reported from the Committee of the whole House, namely "The Judges of which shall be appointed by the second "Branch of the national Legislature" it passed in the affirmative And then the House adjourned till Monday next at 1 1 o'clock A. M. io6 • :\Iondav Jul^- 23"'. 17S7. The honorable John Langdon and Nicholas Gillman Ksquires, Deputies from the State of New Hampshire, at- tended and took their seats The following credentials were produced and read — (Here iusert the credentials of the Deputies of ■ the State of New Ham'' On the question to agree to the 17"' resolution, as reported from the Committee of the whole House, namely "That provision ought to be made for the amendment of "the articles of union, whensoever it shall seem necessary" it passed unanimouslv in the affirmative. It was moved and seconded to add after the word "States" in the 18 resolution, the words "and of the national govern- ment" which passed in the affirmative On the question to agree to the 18"' resolution as amended namely "That the legislative, Executive, and Jndiciarv Powers "within the several States, and of the national Government, "ought to l)e bound bv oath to support the articles of nuion" it passed unanimouslv in the affirmative It was moved and seconded to strike tlie following words out of the ig"' resolution reported from the Committee of the wliole House namely "to an Assembl}' or assemblies of representatives, recom- " mended by the .several Legislatures, to lie expressly cho.scn "by the people to consider and decide thereon" wliicli ])assed in llic negative On tile cjuestion to agree to the 19"' rcsolulion as reported from llic Committee of the wliole House, nanKl\- 10J I Resolved that the aiiRMidnicnts wliich shall be offered to the i J confederation by the C(>n\ention out^ht at a proper time or I times after the approbation of Congress to be subniiucd to 3 S an assembly or assemblies of represcntati\"es, rcconmiL-nded I by the several Legislatnres, to be expresslv chosen h\- tlie £■ " •^ I People to consider and decide thereon is it passed in the affirmative 4/ re C ;, t = It was .moved and seconded to agree to the following- resoln- I -^tion, namely ^ I Resolved thai the representation in tlie sec(nid Branch of I f the Legislatnre of the Ignited States consist of Members iff, s I from each State, who shall vote per capita. n X It was moved and seconded to fill up the blank with the word 13 "Three" = a which passed ii: the negative. i |It was moved and seconded to fill up the blank with the num- = t ber 1 wt) % I which was nnanimonslj- agreed to "Z "% On the question to agree to the resolution as filled up — I f it pas.sed in the affirmative. I J It was moved and seconded to reconsider that clause of 5 i M = the resolution respecting the aDuointmcnt of the su- ^■i preme Executive. 1 i which passed in the affirmative SB ' =-|and to-morrow was assigned for the reconsideration. •=1 [The following was stricken (nit: "It was moved and •DO p I seconded to refer the proceedings of the Convention to a si Committee which passed in the affirnKili\e."] I V On the question that the Committee consist of a Member = I from each State T e it passed in the negative loS §■ On tlie question that the Committee consist of Seven ^ I it passed in the negative 5= I On the question that the Committee consist of five s 5 it passed unanimoush' in the affirmative. I f and then the house adjourned till to-morrow at 1 1 o'Clock. Tuesday July 24'" 1787. It was moved and seconded to strike the following words out of the resolution respecting the supreme Executive namelv "b}- electors appointed for that purpose b}^ the "Legislatures of the States" and to insert the words "by the national Legislature" which passed in the affirmative. It was moved and seconded to strike out the word " six " and to insert the word "fifteen." It was moved and seconded to postpone the consideration of the resolution respecting the Executive which passed in the negative It was moved and seconded to agree to the following resolu- tion namely. Resolved that the supreme Executi\e shall be chosen every years by Electors to be taken by lot from the national Legislature; the Electors to ])roceed immediately to the choice of the Executive, and not to separate until it be made The question of Order being taken on tlie last [word stricken out, illegible] .Motion — it was deleriuined tlial tlie motion is in order. log c On tlie question to postpone the eonsideration of llie resnlu- 5 tion, it passed ununiniouslv in tlic affirmative o ^ It was moved and seeondcd to discharije the Coniniittcc of 5 the whole House from actin,n' on tlie propositions submitted u to the Convention by the honoral)le M' C. Pinckuev — and that ^■\ the said propositions be referred to tlie Committee to whom ^ the Proceedings of the Convention are referred ^ which passed unanim: in the affirmative ^_ It was moved and seconded to take the like order on the 1 propositions submitted to the Convention by the honorable 5 M"^ Paterson t which passed unan : in the affirmative I and then the House adjourned till to-morrow at 1 1 o'Clock I A. M. "5 Wednesday Julv 25. 17S7. •r It was moved and seconded to agree to the following amend- "o I meut to the resolution respecting the election of the supreme = Executive namclv 9 "except when the Magistrate last chosen shall have con- t "tinned in office the whole term for which he was chosen, and J "be reeligible in which case the choice shall be bv Electors •^ "appointed for that purpose by the several Legislatures" "B it passed in the ne<;ative 'i I It was moved and seconded to agre^ to the following amend- J I ment to the resolution respecting the supreme Executive, t 't namely ^ * "Provided that no person shall be capable of holding c •:= "the said office for more than six years in anv term of f.S "twelve" no It was moved and seconded to postpone the cousideratiou ■ of the last ameuduient which passed in the negatis-e. On the question to agree to the amendment it passed in the negative It was moved and seconded to refer the resohition respecting the Executive (except tliat clause which provides that it con- sist of a single Person) to the Committee of detail. Before a determination was taken on the last motion The House adjourned till to-morrow at 1 1 o'Clock A. M. Thursday- Jul}- 26. 1787. It was moved and seconded to amend the third clause of the resolution respecting the national executi\e so as to read as follows, namel}' "for the term of seven j-ears to be ineligible a second "time" which passed in the affirmative On the question to agree to the whole resolution respecting the supreme Executive namely. Resolved That a national Executive be instituted to consist of a Single Person to he chosen by the national Legislature for the term of se\'on years to be ineligible a second time with power to carry into execution the national Laws to appoint to Offices in cases not otherwise jirovidcd for. to be removable on im])eac.liincnl and conviction of mal])ractice or neglect of duty. Ill to receive ;i fixed CDiupensalioii for the cleNotiou of his time to public service to be paid out of the public Treasury. it passed iu the affirmative. It was moved aud secouded to agree to the following Res- olutiou iiameh'. Resolved That it be an instruction to the Committee to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of landed property and citizenship in the United States for the Exec- utive, the Judiciary, and the Members of both branches of the Legislature of the United States; and for disqualifjnng all such persons as are indebted to, or have unsettled accounts with the I'nited .States from being Members of either Branch of the national Legislature. It was moved and seconded to strike out the word " landed " it passed in the afiBrmative On the question to agree to the clause respecting the qualification as amended it passed in the affirmative It was moved and seconded to add the words ["or Officers" stricken out] " and Pensioners of the Go\'ernment of the United States" to the clause of disqualification which passed in the negative. It was moved aud seconded to strike out the following words, namely " or have unsettled accounts with " which passed in the affirmative. 112 On the questiou to agree to the clause of disqualification as amended it passed in the negative It was moved and seconded to agree to the following resolution namely Resolved that it be an instruction to the Committee to whom were referred the proceedings of the Convention for the establishment of a national Government, to receive a clause or clauses for preventing the seat of the national Government being in the same City or Town witli tlie seat of the Government of anv State, longer than until the necessar}- public Buildings can be erected. It was moved and seconded to postpone the consideration of the last resolution. It was moved and seconded to refer such proceedings of tile Convention, as have been agreed on since Monday last, to the Committee of detail which passed unanimously in y"' affirmative and then the House adjourned till monday Aug' 6"' Monday August 6. 1787. Tlic House met agreeably to adjournment. The lionorabk- John Francis Mercer Esq, One of the Deputies from llie State of Mar\laii(l, attended and look liis scat. Tile lionorabk- M'^ Rutledge, from tlic Committee to whom were referred the Proceedings of the Convention for the ])urpo.se of reporting a Constitution for tlie establishment of a national Government confonnalilc to the.se Proceedings, informed tlie Hou.se that the Committee were prepared to 113 report — The report \v;is then delivered in at the vSecretary's :iii(l t-opirs Uu-rt-of Riven to the incuibers table, and beint; read onee throughout — It was moved and seconded to adjourn till wcdnesdaj- morning whieh ]xissed in the negative. The House then adjourned till to-morrow morning at ii o'clock A. M. Tuesday /Aiigtist 7. 1787. t It was moved and seconded to alter the second clause of the £ third article so as to read x 111 ;iil cases * "each of which shall • have a negative on the legislative I acts of the other" I which was passed in the negative 5 I On the question to strike the following clause out of the third £ = £ article namely - P . . r K i "each of which shall, in all cases, have a negative on the ; =:! other" I I I it passed in the affirmative. I •= j' It was moved and seconded to add the following words to the l I I last clause of the third article ° !; = "tmless a difTerent day shall be appointed by law" I i I which passed in the affirmative "l ^ p It was moved and seconded to strike out the word " Decem- = i iber" and to insert the word "May" in the third article a f ~ • which passed in the netrative. }' t V = I = = It was moved and seconded to insert after the word "Senate" = 03 I '^11 in the third article, the following words, namel}' ''■ i at « 1 = 11 "subject to the negative hereafter mentioned" t 1 ~ ^ which passed in the negative. I AP 8 114 It was moved and seconded to amend the last clause of the third article so as to read as follows namely "The Legislature shall meet at least once in every year; "and such meeting shall be on the first monday in December "unless a different day shall be appointed b\' law" which passed in the affirn;ative It was moved and seconded to strike out the last clause iu the first section of the fourth article which passed in the negative. It was moved and seconded to adjourn till to-morrow morn- ing at lo o'clock which passed in the negative The House then adjourned till to-morrow morning at 1 1 o'clock Wednesday- August 8. 17S7. On the question to agree tc the first section of the fourth article as reported it passed unanimously in the affirmative It was moved and seconded to strike t)ut the word "three" and to insert the word "seven" in the second section of the fourth article which passed in the affirmative It was mcn-ed and seconded to amend the second section of the fourth article by inserting the word ["'in' instead" instead of "in " sti'icken out] "of" after the word "cili/en" and the words "an inhabitant" instead of the words "a resident" which passed in tlie affirmative On IIk- quc-slion to agree to the second section of tin- fourtli article as amended it passed in the affiniiativi JI5 It was moved and seconded to strike ont the word "five" and to insert the word " six " before tlie words " in vSonth Carolina" in tile third seetion of the fonrth article which passed in the ne<^ative On the qnestion to agree to the third section of the fonrth article as reported it passed in the affirmative It was mo\-ed and seconded to alter the latter clause of the fourth section of the fourth article so as to read as follows namely " according to the rule herein after made for direct taxation not exceeding the rate of One for ever}' forty thousand" which passed in the affirmative It was mo\ed and seconded to add the following clause to the fourth section of the fourth article namely " Pi-ovided that ever}- State shall have at least one repre- sentative" which passed in the affirmative It was moved and seconded to insert the word "free" before the word "inhabitants" in the fourth section of the fourth article which passed in the negative. On the question to agree to the fourth section of the fourth article as amended it passed in the affirmative It was moved and seconded to strike out the fifth section of the fourth article which passed in the affirmative And then the House adjourned till to-morrow at ii o'clock A. M. ii6 Thursday August 9. 17S7. On the question to agree to the 6 section of the 4. article as reported it passed in the affirmative On the question to agree to the 7. section of the 4 article as reported it passed in the affirmative It was moved and seconded to insert the following words in the third clause of the 5 article after the word "execu- tive" "of the State, in the representation of which the vacancies shall happen" which passed in the affirmative It was moved and seconded to strike out the 3"' clause of the i'^' section of the 5. article which passed in the affirmative It was moved and seconded to add the folhnving words to the 3"' clause of the i" section of the 5 article, namely "unless other provision shall be made by the Legislature" which passed in the negative It was moved and seconded io alter the 3"' clause in the i*' section of the 5. article so as to read as follows, namely "vacancies liappening by refusals to accept resignations or "otherwise may be supplied by the Legislature of the vState "in the representation of which sucli vacancies shall happen "or by tlie executive thereof until llie next meeting of the "Legislature" which passed in tlie affirmative On tlie motion to agree to the tlirce first clauses of the i"*- section of tlie 5"' article it passed in the affirmative H7 It was mo\cd and seconded to postpone the consideration of the last clause in the first section of the 5. article wliieli was passed in the negative On the question to agree to the last clause in the i"' section of the 5. article it passed in the affirmative It was moved and seconded to insert the following words after the word ''after" in the 2'"' section of the 5 article namel\- "they shall be assembled in consequence of" whicli passed in the affirmative On the question to agree to the 2'"' section of the 5. article as amended. it passed in the affirmative It was moved and seconded to strike out the word "four" and to insert the word "fourteen" in the 3 section of the 5 article which passed in the negative It was mo\ed and seconded to strike out the word "four" and to insert the word "fourteen" in the 3 section of the 5 article which passed in the negative It was moved and seconded to strike out the word "four" and to insert the word "Ten" in the 3 section of the 5 article which passed in the negative It was moved and seconded to strike out the word "four" and to insert the word "nine" in the 3'^'^ section of the 5 article which passed in the affirmative It was moved and seconded to amend the 3"^ section of the 5 iiS article by inserting the word "of" after the word "citizen" and the words "an inhabitant" instead of the words "a resi- uent" which passed in the afiirmative On the question to agree to the 3''' section of the 5 article as amended it passed in the affirmative On the question to agree to the 4"' section of the 5. article as reported it passed in the aiifirmative It was moved and seconded to strike out the words "each House" and to insert the words "the House of representa- tives" in the i*' section of the 6'^ article which passed in the negative It was moved and seconded to insert the word "respectively" after the word "State" in the i"' section of the 6. article which passed in the affirmative It was moved and seconded to alter the second clause in the first section of the 6"' article so as to read as follows namely "but regulations in each of tlic foregoing cases may, at "any time, be made or altered by the Legislature of the "United States" which passed in the affirmative On the question to agree to the r' section of the 6"' article as amended it passed in the affirmative. And tlien tlie House adjourned till lo-morrow at 11 o'Clock A. M. 119 Friday Auij^nst lo. 17S7. It was moved and seconded to strike out 2'"' sect, of the 6. article in order to introduce tlie followins^' namel}- " Tliat the qualifications of the members of the Legislattire " be as follows. "The members of the Hou.se of representatives shall possess " a clear and unincumbered propert}' of "The Members of the Senate" which passed in the negative It was moved and seconded to strike the following words out of the 2'"' sect, of the 6. article, namely "with regard to property" which passed in the negative. On the qtiestion to agree to the 2'"' sect, of the 6. article as reported. it passed in the negative. It was moved and seconded to reconsider the 2'"' sect, of the 4'" article which passed in the affirmative and monday next was assigned for the reconsideration It was moved and seconded to amend the 3"' sect, of the 6. article to read as follows, namely. "not less than 33 members of the House of representa- "tives, nor less that 14 members of the Senate, shall consti- "tute a quorum to do business; a smaller number in either "House ma}- adjourn from day to day, but the number neces- "sar}' to form such quorum may be encreased by an act of "the Legislature on the addition of members in either branch " which passed in the negative It was moved and seconded to add the following amendment to the 3'''^ sect, of the 6. article I20 "and mav be authorised to compel tlie attendance of " absent members in such manner and under such penalties "as each House may provide" which passed in the affirmative On the question to agree to the 3"' sect, of the 6. article as amended it passed in the affirmative On the question to agree to the 4 sect of the 6 article as reported it passed in the affirmative On the question to agree to the 5. sect, of the 6 article as reported it passed in the affirmative It was moved and seconded to amend the last clause in the 6 sect, of the 6. article b}' adding the following words "with the conci:rrence of two thii^ds" which passed in the affirmative On the question to agree to the 6 sect, of the 6 article as amended it passed in the affirmative It was moved and seconded to strike out tlie words "one fifth part" and to insert the words "of every one Member present" in the latter clau.se of the 7. sect, of the 6 article which passed in the negative. It was moved and seconded to strike out the words "each House" and to insert the words "the House of representa- tives" in the second clau.se of the 7 sect of the 6 article — and to add the following words to the .section, namely "and any meml)er of the Senate sliall Ix- at liljerty to enter his dissent" which pa.ssed in the negative 121 It was moved and seconded to strike the followinii- words out of the 7 sect of the 6 article, naiiielv " wlieii it sliall l)e acting in a legislative capacit}'" and to add the following words to the section "except snch parts thereof as in their judgment require secrecy" wliich passed in the affirmative. And then the House adjourned till to-morrow at 1 1 o'clock A. M. Saturday August ii. 17S7. It was moved and seconded to amend the first clause of the 7 sect, of the 6 article to read as follows naniel}- "Each House shall keep a Journal of it's proceedings, and "shall from time to time publish the same; except such part "of the proceedings of the Senate wh,en acting not in it's "Legislative capacity as ma}' be judged by that House to "require .secrecy" which passed in the negative. It was moved and seconded to insert in the first clause of the 7 sect of the 6 article after the word "thereof" the following words "relative to Treaties and military operations" which passed in the negative. On the question to agree to the 7. sect, of the 6 article as amended it passed in the affirmative It was moved and seconded to alter the S"" sect, of the 6. article to read as follows, nameU', " The Legislature shall at their first assembling determine 122 "on a place at which their future Sessions shall be held: "neither House shall afterwards, during the Session of the " House of Representatives, without the consent of the other, "adjourn for more than three da^-s, nor shall they adjourn to "au}' other place than such as shall have been fixed by law" which passed in the negative It was moved and seconded to prefix the following words to the 8 sect, of the 6 article, namely "During the session of the Legislature" and to strike out the last clause of the section which passed in the affirmative On the question to agree to the 8 sect, of the 6 article as amended. it passed in the affirmative It was moved and seconded to reconsider the 5. sect, of the 4. article which passed in the affirmative and monday next was assigned for the reconsideration MoiuUu- mxl And then the House adjourned till ["to-morrow" stricken out] at 1 1 o'clock A. M. Monday August 13. 1787. It was moved and seconded to strike out the word "seven" and to insert the word "foui " in llie 2'"' sect, of the 4 article It was moved and seconded to strike out the word "seven" and to insert tlie word "uine" in llic 2'"' sect, of the 4 article It was moved and seconded to strike out the words "shall have been a citi/.eu of tlie United States for at least seven years before his election" and to insert between tlic words 123 "an" and "inhabitant" the words "Citizen and" in tlie 2'"' sect, of the 4 article whieli passed in tlie nesjative. On the qnestion to agree to the amendment of "nine" it passed in the negative. On the qnestion to agree to the amendment of "fonr" it passed in the negative. It was moved and seconded to add the following clanse to the 2'"* sect, of the 4 article, namely, "Provided always that the above limitation of seven years " shall not be construed to affect the rights of those who are "now Citizens of the United States" which passed in the negative. It was moved and seconded to strike out the word "seven" and to insert the word "five" in the 2"'' sect, of the 4. article which passed in the negative On the question to agree to the 2'"' sect, of the 4. article as formerly ["passed" stricken out] amended it passed in the affirmative. On the question shall the word "nine" in the 3'''' sect, of the 5. article stand part of the said section it passed in the affirmative It was moved and seconded to amend the 5. sect of the 4. article to read as follows, namely, "all bills for raising mone}- for the purposes of revenue, "or for appropriating the same, shall originate in the House "of representatives; and shall not be .so altered or amended "b}' the Senate, as to encrease or diminish the sum to be " raised, or change the mode of raising or the objects of it's "appropriation" which passed in the negative. 124 On the question to agree to the 5 sect, of the 4. article as reported it passed in the negative. And then the House adjourned till to-morrow at 11 o'Clock A. M. Tuesda_y August 14. 1787. ' It was moved and seconded to postpone the consideration of the 9 section of the 6 article in order to take up the following "The members of each House shall be incapable of hold- " ing any Office under the United States for which tliev, or "any other for their benefit, receive any salary, fees, or " emoluments of an}- kind— and the acceptance of such office "shall vacate their seats respectively" which passed in the negative. It was mo\cd and seconded to amend the 9 section of the 6 article by adding the following clause after the words ["un" stricken out] "be elected" "except in the army or nav}' thereof, but in that case "their seats shall be vacated" Before the question was taken on the last amendment It was moved and seconded to postpone the consideration of the 9"' section of the 6 article until the powers to be vested in the vSenate are ascertained which passed unanimously in the afhrmalive It was moved and seconded to strilvc out the latter clause of the 10 sect, of the 6 article and to insert the following "to be paid out of the Treasury of the United States" which pas.sed in the affirmative 125 It was iiKncd and seconded to aj^rcc to the followinj;' aineiul- nient to the lo sect, of tlie 6 article "five doUars or the present valne thereof per diem dnriug " their attendance >S: for ever}- thirty miles travel in t^oing to "and rctnrning from Congress" which passed in the negative It was moved and seconded to agree to the following amend- ment to the lo"' sect, of the 6 article "to be ascertained by law" which passed in the affirmative On the qnestion to agree to the lo section of the 6 article as amended it passed in the affirmative — and tlien the Honse adjonrned till to-morrow at ii oClock A M Wednesday Angnst 15. 17S7. On the question to agree to the 1 1 Sect, of the 6 article as reported it passed in the affirmative It was moved and seconded to strike ont the latter part of the 12 Sect, of the 6 article, which passed in the affirmative It was moved and seconded to ["add the following" stricken ont] amend- ["ment to" stricken out] the 12. sect, of the 6 article as follows "Each House shall pos.sess the right of originating all "Bills except Bills for raising money for the purposes of " revenue or for appropriating the same and for fixing the "salaries of the Officers of Government which shall origi- "nate in the House of representatives; but the Senate may "propose or concur with amendments as in other cases" 126 It was moved and secouded to postpone the consideration of the last amendment which passed in the affirmative. It was moved and seconded to agree to the following amendm' of the 13"' sect, of the 6 article. "Every bill which shall have passed the two Honses, "shall, before it become a law, be severallv presented to the "President of the United States and to tlie Jndges 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 sucli reconsid- "eration, two thirds of that House, when either the President "or a Majority of the Judges shall object, or tliree fonrths, "where both shall object, shall agree to pass it, it shall, to- "gether willi tlie objections, be sent to the other House, by "wliicli it sludl likewise be reconsidered and, if approved by "two thirds, or three fonrtlis of the other House, as the case "may be, it shall become a law" wliich passed in tlie negative It was moved and seconded to postpone the consideration of the 13"' sect, of the 6th article uliicli i)assed in the negative It was moved and seconded to strike out the words "two thirds" and lo insert tiic words "three fourths" in the 13"' sect, of tlic 6 article which pa.s.sed in the affirmative 127 It was moved and seconded lo amend the first clanse of tlie 13 sect, of the 6 article as follows " No Bill or resolve of the Senate and House of rcpre- "sentatives shall become a Law, or have force until it shall "have been presented to the President of the United States "for his revision" which passed in the negative. It was mo\cd and seconded to strike out the word " seven " and to insert the words "ten '"sundaj-s excepted") in the J, til ggp^ q£ j.]^p g article which passed in tlic affirmative On the question to agree to the 13 sect, of the 6 article as amended it passed in the affirmative And then the House adjourned till to-morrow at 1 1 o'Clock A. M. Thursday August 16. 17S7. It was moved and seconded to agree to the following as the 14 section of the 6. article. "every order, resolution or vote, to whicli the concurrence "of the Senate and House of representatives may be neces- "sary (except on a question of adjournment, and in the cases "hereinafter mentioned) shall be presented to the President "for his revision; and before the same shall have force, shall "be approved by him, or, being disapproved by him, shall "be repassed by the Senate and House of representatives, "according to the rules and limitations prescribed in the case "of a bill" which passed in the affirmative. 128 It was moved and seconded to insert the following proviso after the first clause of the i*' section of the 7-article. "Provided that no Tax, Dutv or Imposition shall be laid " bv the Legislature of the United States on articles exported "from any State" It was moved and seconded to postpone the consideration of the Proviso which passed in the affirmative. It was moved and seconded to add the words "and post roads" after the words "post offices" in the 7 clause of the I*' sect of the 7. article which passed in the affirmative. It was moved and seconded to strike the words "and emit bills" out of the 8. clause of the i section of the 7 ["clause" stricken out] article which passed in the affirmative. separate questions being taken on the i, 2, 3, 4, 5, 6, 7 and 8 clauses of the i . sect, of the 7 article as amended The}' passed in the affirmative. And then the House adjourned till to-morrow at 11 o'Clock A. M. Friday .*\ugust 17. 17S7. It was moved and .seconded to insert tlie word "joint" before claust.- the word "ballot" in the 9 ["sect." stricken out] of the i sect. 7 article wliich passed in the affirmative It was moved and .seconded to strike out the 9 clause of the I. sect, of llie 7 article which passed in the negative 129 first iiiirl of Ihc It was nioved and seconded to alter the. 12"' clanse i sect. 7 /\ ' article to read as follows " To punish piracies and felonies connnitted on the high seas " which passed in the affirmative It was moved and seconded to insert the words " define and " between the word " To " and the word " punisli '" in the 12 clause wliicli passed in the affirmative It was mo\ed and seconded to amend the second part of the 12 clause as follows " To punish the counterfeiting of the securities and current coin of the United States, and offences against the law of nations " which passed in the afhrmative On the question to agree to the 13 clause of the i" sect. 7 article amended as follows " To subdue a rebellion in any State against the govem- " ment thereof on the application of it's Legislature, or with- " out when the Legislature cannot meet " it passed in the negative It was mo\-ed and seconded to strike out the word " make " and to insert the word " declare" in the 14'" clau.se which passed in the negative It was moved and seconded to strike out the 14 clause which passed in the negative. The question being again taken to strike out the word " make " and to insert the word " declare " in the 14. clause it passed in the affirmative It was moved and seconded to add the words " and to make peace " to the 14 clause which passed in the negative I AP 9 Separate questions having been taken on the 9, 10, 11, 12, and 14 clauses of the i ' section, 7 article as amended. The}- passed in the affirmative And the House adjourned till to-morrow at 1 1 o'Clock A. U. Saturday August iS. 1787. proposed The following additional powers, to be vested in the Legisla- ture of the United States having been submitted to the con- sideration of the Convention — It was moved and seconded to refer them to the Committee to whom the proceedings of the Convention were referred which passed in the affirmative The propositions are as follows To dispose of the unappropriated lands of the Ihiited States To institute temporary governments for new States arising thereon To regulate affairs with the Indians as well within as without the limits of the United Slates To exercise exclusively Legislative authority at the seat of the general (io\ernnient, and over a district around the same, not exceeding scpiarc miles : the consent of the Legislature of the State or Stales comj^rising sucli district being first obtained To grant cliartcrs of incorporation in cases wlicre tlie pn!)lic good mav recpiire them, and the autlioriu- of a single vStale may l)e inconi])etent To secure lo literary- aulliors their copy riglils for a linn'tcd time 131 To establish an Univt-rsity To cncourajje, by ])r()]KT premiums and provisions, tlie ad- vancement of useful knowledt^e and discoveries To anlhorise the Kxcculive to procure and hold for the use of the United States landed propcrtv for the erection of forts, maya/ines, and other necessar\' huildings To fix and permanently establish the seat of Government of the United-States in which thev shall possess the exclu- sive right of soil and jurisdiction To establisli seminaries for the promotion of literature and tlie arts and sciences To gra:it charters of incorporation To grant patents for useful inventions To secure to authors exclusive riglits for a certain time To establish public institutions, rewards and immunities for the promotion of agriculture, commerce, trades, and man- ufactures. That Funds which shall be appropriated for payment of public Creditors shall not during the time of such appropriation be diverted or applied to au}' other purpose — and to pre- pare a clause or clauses for restraining the Legislature of the United States from establishing a perpetual rev- enue To secure the pa3-ment of the public debt. To secure all Creditors, under the new Constitution, from a violation of the public faith, when pledged by the author- ity of the Legislature To grant letters of marque and reprisal To regulate Stages on the post-roads. It was moved and seconded That a Committee to consist of a Member from each State be appointed to consider the necessity and expediency of the debts of the several States being assumed by the United States which passed in the afifinnative and a Committee was appointed by ballot of the honorable M' Langdon, W King, M"" Sherman, "SV Livingston, M' Cly- mer, ^V Dickinson, M"^ APHenry, AF Mason, AT Williamson, AF C. C. Pinckney, and AF Baldwin. It was mo\-ed and seconded to agree to the following resolu- tion, namely Resolved That this Convention will meet ptinctnally at lo o'clock every morning (Sundays excepted) and sit till four o'clock in the afternoon, at which time the President shall adjourn the Convention and that no motion for adjournment be allowed. which passed in the affirmative It was moved and seconded to insert the words "and sup- port" between the word "raise" and the word "armies" in the 14. clause, i .sect, 7 article which passed in the affirmative It was moved and seconded to strike out the words "liuild and equip" and to insert the words "provide and maintain" in the 15 clause, 1 sect. 7 article which pas.sed in the affirmative a It was moved and seconded to insert the following as ["the" stricken otit] 16"' clause, in the i sect, of the 7. article "To make rules for the government and regulation of the land and naval forces" wliicli passed in llie affirmative It was moved and seconded to annex tlic following provi.so to llie last clau.se 133 "provided thai in time of peace tlie arniv sliall not consist "of more tlian thousand men" wliich passed ["nem con:" stricken ont] in the negative. It was moved and seconded to insert the following as a clause in the i sect, of the 7 article "to make laws for regulating and disciplining the militia "of the several States, reserving to the several States the "appointment of their militia Officers" It was moved and seconded to postpone the last clause in order to take up the following "To e.stablish an uniformity of exercise and arms for the "militia — and rules for their government when called into "ser\-ice under the authority of the United States: and to " establish and regulate a militia in anv State where it's Legis- "lature shall neglect to do it" It was moved and seconded to refer the two last motions to a Committee which passed in the affirmative and they were referred to the Committee of eleven. And then the House adjourned till monday next at 10 o'clock A. M. Monday August 20"'. 17S7. It was moved and seconded to refer the following propositions to the Committee of five. which passed in the affirmative. Each House shall be the Judge of it's own privileges, and shall have authority to punish l)y imprisonment every person violating the same: or who, in the place where the Legislature 134 iiiav be sitting- and during the time of it's session, shall threaten any of it's members for any thing said or done in the Honse: or who shall assaxilt any of them therefor — or who shall assanlt, or arrest any witness or other person ordered to attend either of the Honses in his wa\- going or returning; or who shall rescne any person arrested bv their order. Each Branch of the Legislatnre, as well as the supreme Ex- ecutive shall have authority to require the opinions of the supreme Judicial Court upon important questions of law, and upon solemn occasions The privileges and benefit of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner: and shall not be suspended by the Legis- lature except upon the most urgent and pressing occasions, and for a limited time not exceeding months. The libert\' of the Press sliall be in\-iolab]\- preserved. No Troops shall be kept up in time of peace, but b^• consent of the Legislature The military shall always be subordinate to the civil power, and no grants of money shall be made by the Legislature for supporting military land forces for more than one year at a time Xo vSoldier shall be quartered in an\- house in time of peace without consent of the ( )wncr. No person holding the Office of President of the United State.s — a .Judge of tlieir su]ireme Court — vSccretary for the Department of foreign alTairs — of I'^inancc — of Marine — of War — or of shall be capable of holding at the same time any other office of trust or emdluuienl inidcr thr I'niled States, or an indi- vidual Stale. 135 No religious test or qualification shall cvc-r he annexed to any oath of office under the authority of the United States: The United States shall l)e for ever considered as one Bod^'-corporate and politic in law, and entitled to all the rights, privileges and inininnities which to Bodies Corporate do, or ought to appertain. The Legislature (if the United States shall have the power of making the great seal, which shall be kept h\ the President l.y of the I'nited States or in his absence the President of the Senate, to be used by them as the occasion ma\- require It shall be called the great Seal of the United-States and shall be affixed to all laws. all commissions and writs shall run in the name of the United States. The jurisdiction of the supreme court shall be extended to all controversies between the United States and an individual State — or the United States and the Citizen of an individual State. To assist the President in ["directing" stricken out] conduct- ing the Public affairs there shall be a Council of State com- posed of the following Officers. 1. The Chief Justice of the supreme Court, who shall from time to time recommend such alterations of, and additions to, the Laws of the United-States as may in his opinion be necessary to the due administration of Justice, and such as may promote useful learning and inculcate .sound morality throughout the Union: He sliall be President of the Council in the absence of the President. 2. The Secretary of domestic-affairs who shall be appointed by the President and hold his office during [a word erased] pleasure It shall be his duty to attend to matters of general 136 police, the state of agriculture and manufactures, the opening of roads and navigations, and the facilitating connnunications through the United States, and he shall from time to time recommend such measures and establishments as may tend to promote those objects. 3 The Secretary of Commerce and Finance ^vho 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 reyenue and for the regulation of expenditures, and also to recommend such things as may in his judgment promote the commercial interests of the I^nited-States. also 4. The Secretary of foreign aflfairs who shall be appointed by the President during pleasure — It shall be his duty to correspond with all foreign Ministers, prepare plans of Treaties, and consider such as may be transmitted from abroad — and generally to attend to the Interests of the United States, in their connections with foreign Powers. 5. The Secretary of war who shall also be appointed by the President during pleasure. — It shall be his duly to superin- tend eyery thing relating to tlic war De])artmcul such as the raising and cc|uip])iug of Troops, the care of military vStores, public P'ortiiications, arsenals, and the like — also in time of war to prepare and recommend Plans of offence and defence. 6 The Secretary of the Marine who shall also be appointed by the President during pleasure — It shall l»c his duty to superintend every thing relating to the marine Department, the ]niblic ships, Dock-yards, naval stores, and Arsenals — al.so in lime of war to ])repare and recommend Plans of offence and defence. The President shall also appoint a Secretary of .State to hold his office dnrini; pleasure; who shall be Secretary of the Council of State, and also public Secretar\- to the President. — It shall be liis duty to prepare all public dispatches from the President, which he shall countersip^n. The President nia\- from time to time submit any matter to the discussion of the Council of State, and he may require the written opinions of any one or more of the Members; But he shall in all cases exercise his own judt^nient, and either conform to such ojnnions or not as he ma\- think proper: and every officer aboye mentioned shall be resjxinsible for his opinion on the aflfairs relating to his particular Depart- ment. Each of the Officers abovementioned shall be liable to impeachment and remo\al from office for neglect of duty, malversation, or corruption That the Committee be directed to report qualifications for the President of the I'^nited-States — and a mode for trying the supreme Judges in cases of impeachment. It was moved and seconded to postpone the consideration of the 1 7 clause, i sect. 7 article which passed in the affirmative It was moved and seconded to insert the following clause in the I . sect. 7 article , "To make sumptuary laws" which passed in the negative It was moved and seconded to insert the following clause in the r' sect, of the 7 article "To establish all offices" which passed in the negative 138 On the question to agree to the last clause of the i^' sect. 7 article, as reported, it passed in the affirmative. It was moved and seconded to insert the words " some overt- act of" after the word "in" in the 2 sect. 7 article and to strikeout the word "and" before the words "in adhering" and to insert the word "or" which passed in the affirmative It was moved and seconded to strike out the words "or an}' of them " 2 section 7 article which passed in the affirmative It was moved and seconded to postpone the consideration of the 2'"' sect. 7 article in order to take up the following "Whereas it is essential to the preservation of Libert^• to "define precisely and exclusively what shall constitute the "crime of Treason it is therefore ordained declared and es- "tablished that if a man do lev}- war against the United States "within their Territories or be adherent to tlie enemies of "the United vStates within the said territories giving to them "aid and comfort within their Territories or elsewhere, and "theref)f be pr()\abl\- attainted of open deed b\' the People "of liis condition he shall be adjudged guilt}- of treason" On the question to postpone it passed in the negative. It was mo\ed and seconded to strike out the words "against the United .States" i*' line, 2 sect. 7 article which passed in the alfirmative It was moved and seconded to insert the words "to the same overl-act." after tlie word "witnesses" 2 sect. 7 article which passed in the aHirmative 139 It was lUdvcd and sccciiidcd to strike the words "some overt- act" out of the i"' line, 2 sect. 7 article whicli passed in the affirmative It was moved and seconded to insert tlie words "Sole and exclusive" before the word "power" in the 2 clause, 2 sect, 7 article. which passed in the nci^ative It was moved and seconded to re-instate the words "against -the United States" in the first line, 2 sect. 7 article which passed in the affirmative It was moved and seconded to strike out the words " of the United States " in the 3"' line 2 sect. 7 article which passed in the affirmative It was moved and seconded to amend the i'" clause of the 2 sect. 7 article to read " Treason against the United States shall consist only '* in levying war against them, or in adhering to their " enemies " which passed in the affirmative It was moved and seconded to add the words aii- in the conslilulions or laws of "the several States to the contrary notwithstanding" which passed in the affirniati\-c On the cjuestion to agree to the 8 article as amended it passed in the affirmative It was moved and seconded to strike the following words ont of the 1 8 clause of the i"" section 7 article " enforce treaties " which passed in the affirmative It was moved and seconded to alter the first part of the iS clause of the i"' section, 7 article to read "To provide for calling forth the ["aid of the" stricken "out] militia to execute the laws of the Union, suppress "insurrections, and repel invasions" which passed in the affirmative On the question to agree to the 18"' clause of the i" section, 7 article, as amended it passed in the affirmative. It was moved and seconded to agree to the following propo- sition, as an additional power to be vested in the Legislature of the United States. "To negative all laws jxissed by the several .States inter- "fering, in the opinion of the Legislature, with the general "interests and harmon\- of the Union — provided that two "thirds of the Members of each House assent to the same." It was moved and .seconded to commit the proposition which passed in the negative. The Proposition was then withdrawn. It was moved and seconded to amend the i"" section of the 7. article to read 15° "The Legislature shall fulfil the engagements and dis- " charge the debts of the United-States, and shall have the " power to lav and collect taxes, duties, imposts, and excises." which passed in the affirmative It was moved and seconded to amend the first clause of the first section 9. article to read "The Senate shall have power to treat with foreign " nations, but no Treaty shall be binding on the United "States which is not ratified by a Law." It was moved and seconded to postpone the consideration of the amendment. whicli passed in tlie negative. On the question to agree to the amendment. it passed in the negative It was moved and seconded to postpone the consid" of the first clause of the i*" sect. 9 article which passed in the affirmative It was moved and seconded to insert tlie words "and other public ministers" after the word " ambassa- dors" in llic first section 9 article wliicli passed in the affirmative Separate questions being taken on ]5ostponing tlie several clau.ses of the first .sect. 9. article they ["were postponed." stricken out] passed in the affirmative. It was moved and seconded to take u]) the T' section of the 9 article, in order to it's being couiniilled which passed iu llu- affiruialix-e. and it was referred lo the Coiimiiik'e of five, and tlK'U the House adjourned Friday August 24. 1787. Tlie lionorable M' Livingston, from tlic Committee of ele\eii to whom were referred tlie two remaining elauses of tlie .1"' section, and tlie 5"' ;uid 6"' sections of tlie 7 article, informed the House that the Committee were prepared to report. The report was then deli\ered in at the Secretary's tal)le,\\as once read, and is as follows. "Strike t)Ut .so innch of the 4"' section of the 7"' article as "was referred to the Committee and insert "The migration "or importation of sncli persons as the several States now "existing shall think proper to admit, shall not be prohibited "by the Legislature prior to the year iSoo — but a Tax or " Duty may be imposed on such migration or importation at "a rate not exceeding the average of the Duties laid on Ini- " ports." "The 5"' section to remain as in the report" "The 6"' section to be stricken out" It was moved and seconded to reconsider the i"' clause i""sect. 7 article which passed in the affirmative and to-morrow was assigned for the reconsideration It was moved and seconded to postpone the consideration of the 2'"' and 3"' sections 9 article. which passed in the negative It was moved and .seconded to strike out the 2'"' and 3"' sec- tions of the 9"" article which passed in the affirmative Separate questions being taken on the i"' 2'"' and 3"' clauses of the r' section — 10"' article, as reported, they passed in the affirmative. It was moved and seconded to strike out the word " Legisla- 152 tiire" and to insert the word "People" in the i'" section lo"" article. which passed in the negative It was moved and seconded to insert the word "joint" before the word " hallot " in the i"' section of the lo"' article which passed in the affirmative It '.'-as moved and seconded to add after the word " Legisla- ture" in the i"' section lo"' article the words " each State hav- ing one vote" which passed in the negative. It was moved and seconded to insert after the word " Legis- lature" in the i*' sect, of the lo article the words "to which election a majority of the votes of the Members present shall be required" which passed in the affirmative On tlie question to agree to the following clause "and in case the numbers for the two highest in votes "should be equal, then the President of the Senate shall have "an additional casting voice" it passed in the negative. It was moved and seconded to agree to the following amend- ment to the first sect, of the lo^'' article "shall be chosen by electors lo be chosen by the People of the several States" wliich passed in the negative. It was moved and seconded lo postpone the consideration of the two last clauses of the T' sect. lo article wliich passed in the negative It was moved and seconded to ["com" stricken out] refer the two last clauses of tlic r' sect. lo article, lo a counuillee of a Member from each v^lale. wliich ])assed in the negative. '53 On the question to ajifree to the following ckuise "shall be ehosen hv electors" it passed in the neijative The consideration of the remaining clauses of the i'" section lo article was postponed till to-morrow on the request of the Deputies of the State of New Jersey. On the question to transpose the word " inff)rniation " and to insert it after the word "Legislature" in the first clause of the 2 sect. lo article it passed in the afifirmative It was moved and seconded to strikeout the words "he niav" and to insert the word "and" before the word "recommend" in the second clause of the 2 sect. 10 article wliieh passed in the affirmative It was moved and seconded to insert the word "and" after the word "occasions" in the 2 sect. 10 article; which passed in the affirmative It was moved and seconded to insert the word "shall" before the words "tliink proper" 2 sect. 10 article. whicli passed in the affirmative out It was moved and seconded to strike the words "officers" and to insert the words "to offices" after the word "appoint" in the 2 sect, of the 10 article which passed in the affirmative It was mo\ed and seconded to insert the words "or by law" after the word "constitution" in the 2'"' section of the 10"' article which passed in the negative. It was moved and seconded to strike out the words "and shall " appoint to offices in all cases not otherwise provided for by "this Constitution" and to insert the following 154 "and shall appoint to all offices established by this Con- "stitntion, except in cases herein otherwise provided for, and "to all offices which niav here after be created by law." which passed in the affirniatiye It was moved and seconded to add the folloM'ing clause to the last amendment " except where hx Law the appointment shall be vested in "the ["legislative or" stricken out] Executives of the several "States" which passed in the negative It was m()\ed and seconded to agree to the following order "That the order respecting the adjournment at four be repealed, and that in future the House assemble at ten and adjourn at three which passed in the affirmative The House adjourned Saturday August 25. 1787. It was moved and seconded to postpone the first clause of the first section 7 article, in order to take up the following amend- ment "all debts contracted and engagements entered into, l)v or "under the autlioritv of Congress shall be as valid against the "United States uudi-r this constitulii)n as under llic confed- "eration. ' whicli ])assed in the affirmative On llu- (|nestion to agree to tlie amendment it passed in llic affirmatiNC It was moved and seconded to add tlie following clause to the first clause of tlie i"' sect. 7 article 155 "for Uie payment of said debts and for llic (U'fra\-iii,s.;- tlie "expences that sluiU be incurred for the common defence and "general welfare" wliich ])asscd in llie neijatixe. It was mo\'ed and seconded to amend the report of llie Cominillee of eleven, entered on the Journal of the 24"' in- stant [a word or words erased] as follows the \'ear to Strike out tiie words "ei_8;hteen hundred" and to insert the words "the year eighteen hundred and eight" which passed in the affirmative It was mo\ed and seconded to amend the first clause of the report to read Tlie importation of vSlaves into such of the States as shall permit the same sliall not be prohibited 1))- the Legislature of the U. vS. until the 3-ear 1S08. which passed in the negative On the question to agree to the first part of the report as amended, namelv. "The migration or imjiortation of such persons as the "several States now existing shall think proper to admit shall "not be prohibited by the Legislature prior to the 3-ear 1S08." it passed in the affirmative. It was moved and seconded to strike out the words "average of the duties laid on Imports" and to insert tlic words "common impost on articles not enumerated" which passed in the affirmative If was moved and seconded to amend the second clause of the report to read "but a tax or dutv may be imposed on such importation "not exceeding ten dollars for each person" which passed in the affirmative. 1 5b On the question to agree to the second clause of the report as amended it passed in tlie affirmative On the question to postpone the farther consideration of the report it passed in the affirmative It was moved and seconded to amend the 8"' article to read "This Constitution and the Laws of the I'nited States, "which sliall be made in pursuance thereof and all treaties "made or which shall be made under the authoritv of the "United-States shall be the supreme law of the several States, "and of their citizens and iuliabitants; and the Judges in the "several States shall be bound lhcrc1)v in their decisions; "any thing in the constitutions or laws of the several States "to the contrary notwithstanding" which passed in the affirmative It was moved and seconded to agree to the following propo- sitions "The Legislature of the Ihiited States shall nt)t oblige "Vessels belonging to Citizens thereof, or to foreigners, to "enter or pav duties, or imposts in any other State than in that "to whicli tlicx- may be bound, or to clear out in an\' other "than ["in" stricken outj the vState in which their cargoes "may be laden on board — Nor shall any ])ri\ilege, or immn- "nity, be granted to any vessels on entering, clearing out, "or ])aying duties or imposts in one State in preference to "anotlier" "Should it be judged expedient 1)\' the lA'gislature of the "United .States that one or more ])()rls for colK'cting duties "or imposts other than those ports of entrance and clear- "auce already established by the respective States shouKI be 157 "establislKil, the Legislature of tlic U. vS. sluill .signify the "saiiK- 1(1 iIk- ICxecntivc of tlic respective States ;i:;cert:uning "the munber of sucli jiorts jiulged necessary; to be hiid 1)\- the "said Execuli\es liefore tlie Legislatures of the vStates at llieir "next session; and llie legislature of the \\ vS. sliall no: liave "the power of fixing or estaldishing the jxirtienlar ports for "collecting duties or imposts in an_v State excej)! the Legisla- "ture of such Slate shall neglect to fix and establish the same "during their first session to be held after such notification "bj- the legislature of the V. S. to the executive of sucli " State. "all duties, imposts, and excises, prohibitions or restraints "laid or nuide by the Legislature of the U. S. shall be uniform "and equal throughout the United States" It was moved and seconded to refer the above proposi- tions to a Committee of a Mendjcr from each State which passed in the affirmati\e and a Committee was a])poinled by ballot of the honorable M^ Langdon, M^ Gorham, M' Sherman, M' Dayton, M' F"itz Simmons, M^ Read, .M^ Carrol M' Mason, M' William.son, M"" Butler and M' Few. It was mo\-ed and seconded to add the words "and other public Ministers" after the word "Ambassa- dors" 2 sect. lo article which passed in the affirmative. It was moved and seconded to strike the words "and maj- correspond with the supreme executives of the several States" out of 3'^ 2 sect. lo article which passed in the afifirmative It was moved and seconded to in.sert the words "except in 158 cases of inipeaclnnent" after the word "pardons" 2 sect. lo ai-ticle which passed in the affirmative On the qnestion to agree to the following clause "but his pardon shall not be pleadable in bar" it passed in the negative The House adjourned. Monday August 27. 17S7. It was moved and seconded to insert the words "after convic- tion " after the words "reprieves and pardons" 2 sect. 10 article. — ( Motion withdrawn). It was moved and seconded to amend the clause giving the command of the militia to the executive to read \\ing clause to the oath of office to ])e taken b\- the supreme Ivxecuti\e "and will to the best of m\' judi^ment and ])ower, |)re- '59 "serve, pmtect and dcfciul the Constitution of the United "States" \\ liicli passed in tlie afilnnative It was moved and seconded to insert the words " both in Law and Equity " after the words " United States " I line, I sect, ii"' article whicli passed in the affirmative On the C]uestion to agree to tlie T' sect, i i article as amended. it passed in the afiErmative. It was moved and seconded to add tlie following clause after the word "behaviour" 2 section, i i article "Provided that they ma}- be removed h\- the Hxectitive on "the application by the Senate and House of representatives" which pas.sed in the negative On the question to agree to the 2'"' section of the 1 1 article as reported it passed in the affirmative It was moved and seconded to insert the words "eucrea.sed or" before the word "diminished" in the 2'"" section 1 1"" article. which passed in the negative. It was moved and seconded to add the following words to the a"** section 1 1 article "nor encreased bv any act of the Legislature, which shall "operate before the expiration of three years after the pass- "ing thereof." which passed in the negative It was moved and seconded to postpone the following clause 3 section 1 1 article "to the trial of impeachments of officers of tlie United "States" which passed in the affirmative. i6o It was moved and seconded to add the followingf words after the word "controversies" 3 sect. 11 article "to which the United States shall be a Partv" which passed in the affirmative It was moved and seconded to insert the words "this consti- tution [word erased] the" before the word "laws" 2 line 3 sect, 1 1 article. which passed in the affirmative out It was moved and seconded to strike the words "passed by the Legislature" and to insert after the words " United States" the words "and treaties made or which shall be made under their autliority" which passed in the affirmative It was moved and seconded to insert the word "controver- sies" before the words "between two" or which passed in the affirmative It was moved and seconded to postpone the following clause "iu cases of impeachment" which passed in the affirmati\'e It was mo\ed and seconded to insert the words "the Uuited States or" before the words "a Stale shall be a party" which passed in the affirmative It was moved and seconded to agree to the following amend- ment. In all tile otlier cases beforemeutioiied original jnrisdiction shall he in the Courts of the se\'eral vStates but with appeal both as U) Law and fact to the courts of tlu' United vStates, witli such exceptions and under snch regulations, as the Leg- islature sliall make-. The last motion being withdrawn, i6i It was niovL-(l and seconded to amend llie clansc to read "In cases of inipeaclnnent, cases affecting Ambassadors, "other pnldic Ministers and Consnls, and tliose in wliieli a "State shall be Party, this jnrisdiction shall be original In "all the other cases before mentioned it shall be appellate "both as to law and fact with sneli exceptions and under such "regulations as the Legislature shall make" which passed in the affirmative It was moved and seconded to add the following clause to the last amendment. " But in cases in which the United States shall be a Party "the jurisdiction shall be original or appellate as the Legisla- "ture may direct" which passed in the negative On the question to reconsider the 3'''' section 1 1 article it passed in the affirmative It was moved and seconded to strike out the words "The jurisdiction of the Supreme Court" and to insert the words "The Judicial Power" which passed in the affirmative It was moved and seconded to strike out the words "this "jurisdiction shall be original " and to insert the words "The "supreme Court shall have original jurisdiction" which passed in the aifirmati\-e It was mo\ed and seconded to agree to the following amend- ment " In all the other cases before mentioned the judicial power "shall be exercised in such manner as the Legislature shall "direct" which passed in the negative I AP II l62 It was moved and seconded to strike out the last clause of the ^rd gg(,^_ J J article which passed in the affirmative It was moved and seconded to insert the words "both in law and equity" before the word "arising" in the first line, 3"' section, 1 1 article. which passed in the affirmative. It was moved and seconded to insert after the words " between between citizens of different States" the words " Citizens of the same State claiming lands under grants of dift'ernt States which passed in the affirmative The House adjourned Tuesda}' August 28. 1787 The honorable ]\r Sherman from the Committee to whom were referred several propositions entered on the Journal of the 25 instant informed the House that the Committee were prepared to report — The report was then delivered in at the Secretary's table, was read, and is as follows. The Commiltee report that the following be inserted after the 4 clause of the 7 section " Xor shall anv regulation of commerce or rexenne give "preference to llie ])orts of one vStatc over those of another or "oblige \'essels bound to or froui any State to enter, clear, or "pav duties in auolher. y\ud all tonnage, dulii-s, imposts, and excises, laid 1)\- the " Legislature shall be uniform throughdul llu- I'nitcd vStates" It was moved and seconded to strike out tlu- words "it shall be a])])cllate" anil lo insert the words "the i63 Supreme Court sluill li;i\e appellate jurisdiction " 3 sect. 1 1 article which passed in the affirmative It was nio\ed and seconded to amend the 4'" section of the 11'" article to read as follows. " The trial of all crimes (except in cases of impeachment) "shall be by Jury — and such trial shall be held in the State " where the said crimes shall have been committed ; but when " not committed within any vState then the trial shall be at " such place or places as the Legislature mav direct." which ])assed in the affirmative It was mo\ed and seconded to add the following amendment to the 4 sect, i i article " The privilege of the writ of Habeas Corpus shall not be " suspended ; unless where in cases of rebellion or invasion " the public safety nui}- require it." which passed in the affirmative On the question to agree to the 5. section ir article as re- ported it passed in the affirmative. It was moved and seconded to in.sert the words " nor emit bills of credit " after the word " money " in the 12 article which passed in the affirmative. It was moved and seconded to insert the following clause after the last amendment. " nor make any thing but gold and silver coin a tender in payment of debts " which passed in the affirmative It was mo^•ed and seconded to add the following clause to the last amendment. " nor pass an\- bill of attainder or ex post facto laws " which passed in the affirmative 164 It was moved and seconded to insert after the word " re- prisal " the words " nor lay embargoes " which passed in the negative. It was moved and seconded to transfer the following words from the 13 to the 12 article " nor la}' imposts or dnties on imports " which passed in the negative. Separate questions being taken on the several clauses of the 12 article, as amended, they passed in the affirmative. It was moved and seconded to insert after the word " imports ""' in the 13'" article the words " or exports " which passed in the affirmative It was moved and seconded to add after the word " exports " in the 13'" article the words "nor with such consent but for the use of the treasury of the Ihiited-States " wliich passed in the affirmative Separate questicms being taken on tlie several clauses of the 13'" article, as amended, they passed in the affirmative reported it On the question to agree to the 14 article as passed in the affirmative It was moved and seconded to strike out the words " high mi.sdemeanor," and to insert the words " otlier crime" wliich ])assed in tlic affirmative On the question to agree to the 15" article as amended it passed in tlie affinnalive The Hou.se adjourned. i65 -■9 Wednesday August ["28" stricken out] 17S7. It was moved and seconded tt> commit the 16"' article to- gether with the following proposition To establish uniform laws upon the subject of bankruptcies and respecting the damages arising on the protest of foreign bills of exchange which passed in the affirmative It was moved and seconded to commit the following proposi- tion Whensoever the act of an}- State, whether legislative executive or judiciary shall be attested and exemplified under the seal thereof, such attestation and exemplification shall be deemed in other State as full proof of the existence of that act — and it's operation shall be binding in every other State, in all cases to wliich it may relate, and which are within the cognizance and jurisdiction of the State, wherein the said act was done which passed in the affirmative It was moved and seconded to commit the following proposi- tion Full faith ought to be given in each State to the public acts, records, and judicial proceedings of every other State; and the Legislature shall by general laws determine the Proof and effect of such acts, records, and proceedings which passed in the affirmative and the foregoing Propositions together with the 16 article were referred to the honorable IVr Rutledge, M"^ Randolph, M'' Gorhani, M' Wilson and M' Johnson jjostpom- tlie rciKirl of the Conini<-" ciil'^ on y"^ Journal of the 24 instant It was moved and seconded to [in the original the words lake up "agree to" were stricken out] the following proposition i66 That no act of the Legislature for the purpose of regu- lating the commerce of the Ignited States with foreign powers or among the several States shall be passed without the assent of the of Yi^^^; jNIembers of each House. which passed in the negative On the question to agree to the report of the Committee of eleven entered on the Journal of the 24 instant it passed in the affirmative It was moved and seconded to agree to the following proposi- tion to be inserted after the 15 article " If au}' Person bound to service or labor in an\- of the " United States shall escape into another State, He or She "shall not be discharged from such service or labor in conse- "quence of any regulations subsisting in the State to which "they escape; but shall be delivered up io the perscm justly "claiming their service or labor" which passed in the affirmative It was moved and seconded to strike out the two last clauses of the I 7 article wliich passed in the affirmative It was moved and seconded to strike the following words out of the 1 7"' article. "IkU to such admission the consent of two thirds of the "Members present in each House shall be necessary" It was moved and seconded to agree to the following pro])osi- tion, as a substitute for the 17 article. " New .States may be admitted bv the Legislature into this "union: l)ut no new .State sliall be erected within llie limits "of an^' of tile present .States without tlie consent of tlie "Legislature of such .State as well as of thi' general Legi.s- "lature." i67 Separate questions beini,^ taken on the different elauses of the proposition they passed in llie affirmative Tlie House adjourned ["Wednesday" stricken out] August 30. 1787. It was moved and seconded to postpone the substitute for the 1 7 article, agreed to yesterday, in order to take up the following amendment. The Legislature shall have power to admit other States into the Union, and new States to be formed by the division or junction of States now in the Union, with the consent of the Legislature of such States. whicli passed in the negative. It was moved and seconded to strike out the words "the limits" and to insert the words "the jurisdiction" in the substitute offered to the 17 article. which passed in the affirmative It was moved and seconded to insert the words " hereafter formed or" after the words "shall be" in the substitute for the 1 7 article which passed in the affirmative. It was mo\cd and seconded to postpone the consideration of the substitute to the 17 article as amended in order to take up the following "The Legislature of the United States shall have power "to erect new States within as well as without the territory "claimed by the several States or either of them and admit i68 "the same into the Union: Provided that nothing in this " Coustitntion shall be constrned to affect the claim of the "United States to vacant lands ceded to them by the late " treat \- of Peace" which passed in the negative On the cjnestion to agree to the snbstitnte offered to the 17 article, amended as follows. "New States ma\- be admitted b}- the Legislatnre into lie "this Union: bnt no new State shall hereafter formed or "erected within the jnrisdiction of an}' of the present States "withont the consent of the Legislatnre of stich State as well "as of the general Legislature which passed in the affirmative It was moved and seconded to add the following clause to the last amendment. "Nor shall an}- State be formed by the junction of two or "more States or parts thereof without the consent of the "Legislatures of such States as well as of the Legislature of "the United States" which passed in the affirmative It was mo\ed and seconded to add the following clause to the last amendnicnt "Provided nevertheless that nothing in this Constitution ".shall be construed to affect the claim of the United States "to vacant lauds ceded to them Ij}- the late Treaty of peace." The last motion being withdrawn — It was moved and seconded to agree to the following propo- sition. Nothing in this Constitution sli;ill l)e construed to alter the claims of llie Uuited States or of []\v iudixidual vSlates to the western territory but all such claims may be exauiincd 169 into and decickd upon by the supreme Court of tlic United States It was moved and seconded to postpone the last proposi- tion in order to take up the following. The Legislatnre shall have power to dispose of and make all needful rules and regnlations respecting the territory or other property belonging to the United States: and nothing in this Constitution contained shall be so construed as to prejudice any claims either of the United States or of an}' particular State It was moved and seconded to add the following clause to the last proposition " But all such claims may be examined into and decided "upon by the Supreme Court of the United States" whicli passed in the negative On the question to agree to the following proposition "The Legislature shall have power to dispose of and make "all needful rules and regulations respecting the territor}- or "other propert}' belonging to the United States: and noth- "ing in this Constitution contained shall be so construed as "to prejudice an 3- claims either of the United States or of "any particular State" it passed in the affirmative On the question to agree to the first clause of the 18 article — it passed in the affirmative It was moved and seconded to strike out the word "foreign" in the iS article which passed in the affirmative It was moved and seconded to strike out the words "on the "application of it's Legislature against" which passed in the negative I JO It Avas moved and seconded to strike out the words "do- mestic violence" and insert the word "insurrections" iu the iS article which passed in the negative It was moved and seconded to insert the words "or Execu- tive" after the word "Legislature" which passed in the affirmative It was moved and seconded to add the following clause to the last amendment "in the recess of the Legislature" which passed in the negative. Separate questions being taken on the several clauses of the i8 article as amended they passed in the affirmative On the question to agree to tlie ig article as reported it passed in the affirmative It was moved or seconded to add the words "or affirmation" after the word "oath" 20 article which passed in tlie affirmative On the question to agree to tlie 20 article as amended it passed in the affirmative It was moved aud seconded to add the following clause to the 20 Article. " But no religious test shall ever be required as a cjualifica- "tion to anv office or ])ul)lic trust under the autliority of the "I'nited States" wliicli ])assed unau: in llic affirmative 1 1 was moved and seconded to take up the repo'-t of the Committee of eleven. wliicIi jiasscd in the ncgati\'e Tlie House adjourned Friday Aii,t;iisl 31. 1787. It was moved and seconded to insert the words " between the said States" after tlie word "constitution "' in the 20 article wliicli passed in tlie affinnative It was moved and seconded to postpone tlie consideration of the 20 article to take np the reports of Committees which have not been acted on which passed in the negative. It was moved and seconded to strike the words "conventions of" out of the 21'" article which ])assed in the negative It was moved and seconded to fill np the blank in the 21"' article with the word "Thirteen" which passed in the negative It was moved and seconded to fill no the blank in the 21"^ article with the word " Ten " which passed in the negative It was moved and seconded to fill np the blank in the 21"" article as follows. " any seven or more States entitled to 33 Members at " least in the Honse of representatives according to the " allotment made in the 3'''' sect. 4"' article. It was moved and seconded to fill np the blank in the 21^" article with the word " nine " which passed in the affirmative On the question to agree to the 21^' article as amended. it passed in the aflBrmative It was moved and seconded to strike the words " for their approbation " out of the 22'"' article which passed in the affirmative It was moved and seconded to agree to the following amend- ment to the 22'"' article " This Constitution shall be laid before the United States " in Congress assembled — and it is the opinion of this Con- " vention that it should afterwards be submitted to a Conven- " tion chosen in each State in order to receive the ratification "of such Convention: to which end the several Legislatures " ought to provide for the calling Conventions within their " respective States as speedil}- as circumstances will permit." which passed in the negative It was moved and seconded to postpone the consideration of the 22'"' article which passed in the negative. On the question to agree to the 22'"' article as amended. it passed in the affirmative It was moved and seconded to fill up the blank in the 23"' article with the word " Nine " which passed in the affirmative It was moved and seconded to agree to the 23"' article as far as the words " assigned by Congress " inclusive which passed in the affirmative It was moved and seconded to postpone the remainder of the 23"' article wliich pas-sed in the negative It was moved and seconded to strike tlie words " choose tlie President of tlic United States and " out of the 23'''' article wliich passed in the affirmative On the (|uestion to agree to the 23"' article as amended. it passed in the affirmative 173 It was moved and seconded to take up the rejiort of tlie Committee of eleven entered on the journal of the 28"' instant On the question to agree to the following clause of the report, to be inserted after the 4"' section -of the 7"' article, "nor shall any regulation of commerce or re\enue give "preference to the ports of One State over those of another" it passed in the affirmative On the question to agree to the following clause of the report "or oblige Vessels bound to or from an}- State to enter "clear or pa}- duties in another" it passed in the affirmative It was moved and seconded to strike out the word "ton- nage" which passed in the affirmative. On the question to agree to the follow-ing clause of the report "and all duties, imposts, and excises, laid b}- the Lcgisla- "ture, shall be uniform throughout the United States" it passed in the affirmative It was moved and seconded to refer such parts of the Con- stitution as have been postponed, and such parts of reports as have not been acted on to a Committee of a Member from each State which passed in the affirmative and a Committee was appointed by ballot of The honorable \r Oilman, M' King, M' Sherman, W Brearley, M' G. Morris, M' Dickinson, M"' Carrol, M' Madison, M' Williamson, M' Butler and M' Baldwin. The House adjourned. 174 Saturday ["August" stricken out] September i. 1787. Brearley The honorable INF ["Sherman" stricken out] from the Com- mittee of eleven to whom ["such reports" stricken out] such parts of the Constitution, as have been postponed, and sucli parts of reports, as ha\-e not been acted on, were referred — informed the House that the Committee were prepared to report partially — The following report was then read "That in lieu of the 9"' section of the 6"' article the following be inserted The Members of each House shall be ineligible to aii}' civil Office under the authority of the I'nited States during the time for which thev shall respectivelv be elected — And no Person holding an\- office under the United States shall be a Member of either House during his continuance in office. The honorable I\r Rutledge from the Committee to whom sundrv propositions, entered on the Journal of the 28"' ultimo were referred, informed the House that the Committee were prepared to report. — The following report was then read. That the following additions be made to tlie report viz' after the word "States" in tlie last line on the nuirgin of the 3"' page, add "To establish uniform laws on the subject of bankrupt- "cies" — and insert tlie following as the 16"' article viz'. "I'uU faith and credit ouglil to be given in eacli State "to the public Acts, Records, and Judicial proceedings of "everj- other State, and llie Legislature sliall by general "laws prescribe the niauuer in wliicli sucli acts, records, "and jtroceedings sliall be proved, and the efi'ect which "judgments obtained in one vState shall have in another. It was moved and seconded to adjourn 175 The House adjourned till Monday next at lo o'clock A. M. Moiulnv ["Saturday" stricken out] Sepf ;/'' 1787. It was ino\'ed and seconded to strike out the words " judgnieuts obtained in one State shall ha\e in another" and to insert the word "thereof" after the word "effect" in the report from the Couuuittee of five entered on the Journal of the i^' instant which passed in the afifirniative It was moved and seconded to strike out the words "ought to" and to insert the word "shall" and to strike out the word "shall" and to insert the word "may" in the report entered on the Journal of the r' instant. which passed in the affirmative. On the question to agree to the report amended as follows. Full faith and credit shall be given in each State to the other public Acts, records, and judicial proceedings of every State, may and the Legislature [" shall " stricken out] by general laws prescribe the manner in which such acts, records, and proceed- ings shall be proved and the effect thereof" which passed in the affirniative On the question to agree to the following clause of the report " To establish uniform laws on the subject of bankruptcies" it passed in the affirmative It was moved and seconded to postpone the consideration report from of the Committee of eleven entered on the Journal of the i"*' instant, in order to take up the following The Members of each House shall be incapable of hold- ing any office under the United States for which they or any 176 other for their benefit receive any salary, fees, or emoluments of any kind and the acceptance of such office shall vacate their seats respectively On the question to postpone it passed in the negative. It was moved and seconded to insert the word "created" be- fore the word "during" in the report of the Committee of eleven which passed in the negative It was moved and seconded to insert the words "created or the emoluments whereof shall have been encreased" before the word "during" in the report of the Committee. which passed in the affirmative Separate cpiestions having been taken on the report as amended tliev passed in the affirmative and the report, as amended, is as follows "The Members of each House shall be ineligible to any "civil office under the authority of the United States created, "or the emoluments whereof shall have been encreased dnr- " ing the time for which thev shall respectively be elected — "and no person holding any office under the United States "shall be a Member of either House duriug his continuance "in Office." The House then adjourned. Tuesday September 4"' The lionorablc W Breark\- from llie Couimiltee of eleven infoniK-d the House that the Couimiltee were prepared to report jKirtially — Wv llii-ii read llu- re])ort in liis ])lace; it was afterwards delivered in at the vSecretarv's tal)le — and was again read: and is as follows. 177 TIk' Committee of eleven to wliom suiulrv ivsolntions .S:'" were referred on tlie 3 r' ultimo, re'jiorl that in llu-ir opinion the following- aclditions ;ind alterations should 1)l- made to the report before tlie Convention — viz Tlie first clause of tlie first Sect, of the 7"' article to read as follows. "The Legislature shall have power to lav and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United vStates. At the end of 2'"' clause of the r' sect. 7 art. add "and with the Indian tribes. In the place of the 9 article i ~' .sect, to be in.serted "The Senate oi the United States shall have pt)wer to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the Members present, after the word Excellency in the i"" sect 10 article to be inserted "He shall hold his office during the term of four years, and together with the \'ice Pre.sident, chosen for the same term, be elected in the following manner. Each State shall appoint in such manner as it's Legisla- ture may direct, a number of Pvlectors equal to the whole number of Senators, and Members of the House of represent- atives to which the State may be entitled in the legislature. The Electors shall meet in their respective States, and vote b_v ballot for two Persons, of whom one at least shall not be an inhabitant of tlie same vState 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 cer- tify, and transmit sealed to the .seat of the general Govern- ment, directed to the President of the Senate. The President of the .Senate shall in that House open all I .\p 12 178 the certificates, and the votes shall be then and there counted — The Person having the greatest number of votes tht: whole luiinber shall be the President, if such number be a majority of [" that" appointed stricken out] of the Electors and if there be more than Oue, who have such Majority, and have an equal number of votes, iiiunediately then the Senate shall choose b}- ballot one of them for Presi- dent: but if no Person have a majority, then from the five highest on the list, the Senate shall choose by ballot the Pres- ident Land in cverv case after the choice of the President, the Person having the greatest number of x'otes shall be \'^ice President: but if there should remain two or more, who have eqvial votes, the Senate shall choose from them the Vice President. The Legislature mav determine the time of chusing and assembling the Electors, and the manner of certifying and transmitting their votes. Sect. 2. No Person except a natural born Citizen, or a Citizen of the V. S. at the time of the adoption of this Con- stitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and wlio has not been in the whole, at least 14 years a resident within the V. vS. ■ Sect. 3. The Vice Presiileut shall be ex officio, President of the Senate, except wlien they sit to try the impeachment of the President, in which case the Chief Justice shall preside, and excepting als(j wlien he shall exercise the powers and duties of President, in wliich case, and in case of liis ab.sence, the Senate shall chuse a President ])n) tempore — Tlie Vice President wlien acting as President of tlie .Senate sliall not have a vote unless the House be e(|ualU divided Sect. 4. The President In' and with the advice and con.sent 179 of the Seuate, shall have power to make treaties: and he shall nominate and by and with llie advice and consent of the Senate shall appoint Ambassadors and other public ]\Iinisters, Judges of the supreme Court, and all other officers of the I'. S. whose appointments are not otherwise herein provided for. But no Treaty shall he made without the consent of two thirds of the Members present after the words "into the service of the U. S. in the 2 sect. lo art. add "and may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices. The latter part of the 2 sect 10 art to read as follows. He shall be removed from his office on impeachment by the House of representatives, and conviction by the Senate, for treason or bribery, and in case of his remo\al as afore- said, death, absence, resignation or inability to discharge the powers or duties of his office the X'ice President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed. On the question to agree to the first clause of the report. it passed in the affirmative On the question to agree to the second clause of the report it passed in the affirmative It was moved and seconded to postpone the consideration of the 3'''' clause of the report which passed in the affirmative It wa.; moved and seconded to postpone the consideration of the remainder of the report which passed in the negative After .some time passed in debate. i8o It was moved and seconded to postpone the consideration of the remainder of the report, and that the Members take copies thereof — which passed in the affirmative It was moved and seconded to refer the following motion to the committee of eleven. To prepare and report a plan for defra^nng the expences of this Convention which was passed in the affirmative The Honse adjonrned Wednesday September 5. 1787. The honorable M' Brearley from the Committee of eleven informed the House that the Committee were prepared to report farther — .He then read the report in his place — and, the same being delivered in at the Secretary's table, was again read, and is as follows. agreed To add to tlic chuisc " To dcclarc war" the words "and grant letters of marque and reprisal " To add to the clause "To raise and su])porl armies" the asreia words "But no appropriation of numcy to that use shall be for a longer term than two years" Instead of the twclflli section of the 6"' article i^ay all Bills for raising revenue shall originate in (he House of representatives and shall be subject to alterations and amendments by the vSenate.: No money shall be drawn from llic Treasury Init in consequence of appropriations made l)y law. i8i I 111 mediately before the l;ist clause of the first section of the seventh article To exercise exclusive legislation in all cases whatsoever over sncli district inot exceeding- ten miles square) as may b\^ cession of particular States and the acceptance of the age nccessar>- to such choice "States. and, in evcrv case after the choice of the Presi- "dent, the Person haxing the greatest number of votes of "the Electors shall be the vice-President: But, if there should "remain two or more who ha\e ecjiud votes, the Senate shall "choose from thcui the \'ice President" "The Legislature may determine the time of chusing the "Electors and of their giving llu-ir votes: and llie manner of "certifyingand transmitting their votes — But tlie election shall "be on the same dav lliroughout tlie United States" Eriday September 7. 1787. It was moved and seconded to insert the following clause after the words "throughout the Tuited .Stales" in the first sect, of the report. i87 "The Legislature iiiav declare liv law what officer of the "United States shall act as President in ease of the death, "resignation, or disability of the President and \'ice Presi- "dent; and sncli Oflfieer sliall act accordingly, nntil sneh "disability be removed, or a President shall be elected" which jiassed in the affirmative It was moved and seconded to insert the following amend- ment after the words "a memlx-r or members from two thirds of the States" in the r' sect of the report. "and the concnrrence of a majority of all the States shall be necessary to make snch choice." which passed in tlie affirmative. On the qnestion to agree to the 2'"' sect, of the report. it passed in the affirmative. Separate questions having been taken on the several clauses of the 3"' sect, of the report They passed in the affirmative. It was moved and seconded to amend the 2'"' clanse of 4 sect of the the report to read "Ambassadors, other pnblic Ministers, and Consuls" which passed in the affirmati\-e It was moved and seconded to postpone the consideration of the 4 sect, of the report in order to take np the following. That it be an instrnction to the Committee of the States to prepare a clanse or clauses for establishing an Executive Council, as a Council of State, for the President of the I'nited States, to consist of six Members, two of wliich from the Eastern, two from the middle, and two from the southern States with a rotation and duration of office similar to that of the Senate; such Council to be appointed by the Legislature or by the Senate. 1 88 On tlie question to postpone it passed in the negative It was moved and seconded to agree to the following clause That the President shcJl have power to fill up all vacancies that ma}- happen during the recess of the Senate by granting commissions which shall expire at the end of the next session of the Senate. which passed in the affirmative It was moved and seconded to insert the words (except treaties of Peace) after the word Treat v in the 4 sect of the I report = which passed in the affirmative •y. I + t It was moved and seconded to agree to the follow'g aniend- = 'i ment. ^ I " But no Treat}' of peace shall be entered into, whereby I ^ the United States shall be deprived of au}' of their present ^:; Territory or riofhts withont the concnrrencc of two tliirds of - I the Members of the Senate present 5 - ^ % The House adjourned Saturday Scptemlx-r S. 1787. It was moved and seconded to strike the words ("except ['the' stricken out] Treaties of Peace") out of the 4 sect, of the report. which ])assed in the affirmative. It was moved and seconded lo strike oul tlie last clause of the 4 .sect, of the rej)ort which pa.s.sed in the negative 1 89 It was nu)VL-d and seconded to ajTrce to tlie followintj amend- ment. "two thirds of all tlie Memlicrs of the Senate to make a treaty" whicli passed in tlie negative It was moved and seconded to agree to the following amend- ment. "a majority of all the Members of the Senate to make a treaty" which passed in the negative It was moved and seconded to agree to the following amend- ment. "No Treat}' shall be made unless two thirds of the whole ntimber of Senators be present which passed in the negative. ' It was moved and seconded to agree to the following amend- ment. " But no Treaty shall be made before all the Members of "the Senate are summoned and shall have time to attend" which passed in the negative It was moved and seconded to agree to the following amend- ment "neither shall any appointment be made as aforesaid nnless to offices established by the Constitution or by law which passed in the negative It was moved and seconded to insert the words ."or other high crimes and mi.sdemeanors again.st the State" after the word "bribery" which passed in the affirmative It was moved and seconded to strike out the words "by the Senate" after the word "conviction" which passed in the Negative 190 It was nio\-ed and seconded to strike out the word "State" after the word "against" and to insert the words "United States" which passed in the afifirinative. On the qnestion to agree to the last clanse of the report. it passed in the afhrniative It was moved and seconded to add the following clause after the words "United States" "The ^'ice President and other civil Officers of the United "States shall be removed from Office on impeachment and "conviction as aforesaid" which passed in the affirmative It was moved and seconded to amend the 3*^'' clause of the report, entered on the Journal of the 5 instant, to read as follows — instead of the i 2 sect. 6 article. " all Bills for raising revenue shall originate in the House "of representatives: but the Senate may propose or concur "with amendments as on other bills." no money shall be drawn from the Treasur}- but in consequence of appropriations made by law. which passed in the affirmative. It was moved and seconded to amend the 3"'' clause of the report, entered on the Journal of the 4 iustaut, to read as follows In llie place of the i""' sect. 9 article, insert "The Senate of tlic United States shall have power to try "all impeachments: l)Ut no person sliall lie convicted without " llie concurrence of two thirds of the Members present: and "ever}' Meuibcr shall be on oath" which passed iu llic affirmative It was moved and seconded to agree to the following clau.se 191 " The Legislature shall luivt- the sole right of estiililishing offices not herein provided for " wliich passed in the negative It was nuned and seconded to amend the V' clause of the 2'"' sect. 10 article to read " He may convene both or either of the Houses ou extraordinary occasions " which passed in the affirmative It was moved and seconded to appoint a Committee of five to re\-ise the style of and arrange the articles agreed to by the House which passed in the aflfirmative And a Committee was appointed by ballot of the honorable ]\r Johnson, M' Hamilton, AF G. Morris, M' Madison and M' King. The House adjourned. Monda}' September 10. 1787. It was moved and seconded to reconsider the 19"^ article which passed in the aflBrmative It was mo\ed and seconded to amend the 19 article by adding the following clause. Or the Legislature may propose amendments to the sev- eral States, for their approbation, but no amendments shall be binding, until consented to by the several States. It was moved and seconded to insert the words " two thirds of " before the words "the several States " which passed in the negative 192 It was moved and seconded to insert the Avords " three fourths " which passed in tlie affirmative. It was ni()\ed and seconded to postpone the consideration of the amendment in order to take up the following. " The Legislature of the United States, whenever two " thirds of both Houses shall deem necessary, or on the ap- " plication of two thirds of the Legislatures of the several " States, shall propt)se amendments to this Constitution which " shall be valid to all intents and purposes as part thereof, " when the same shall have been ratified by three fourths at " least of the Legislatures of the several States, or by Conven- " tions in three fourths tlicreof, as one or the other mode " of ratification may be proposed by the Legislature of the "United-States: Provided that no amendments which nuiv " be made prior to the year iSoS. shall in anv manner affect " tlic 1"' and 5"' Sections of article the 7"' On the question to postpone it passed in the affirmative On the question lo agree to tlie last amendment. it passed in the affirmative It was moved and seconded to reconsider the 2U' and 22'"' articles which passed in the affirmative It was moved and seconded to postpone the 21"' article in order to take up tlie following. Resolved that the foregoing jDlau of a O^istitution be transmitted to the I'niled .States in Cmigress assembled in order that if the same shall be agreed to by them it mav be comnuuiicated to the Legislatures of tlie several .States to the end that they may ])rovi(le for it's final ratification b\' referring tlie .same to the consideration of a Con\ention of I)e])uties 193 in each State to be chosen by the People thereof, and that it be reconiniended to the said Legislatnres in their respective acts for organizing snch Convention to dcchire that, if the said Convention shall ai)prove of the said Constitnliim, snch approbation shall l)e binding and conclnsi\c npon the State, and further that if the said Convention shonld be of opinion that the same npon 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 State and the said Constitution shall take efYect between the States assenting thereto. On the cpiestion to postpone it passed in the negative On the (juestion to agree to the 21"" article it ])assed in the affirmative It was moved and seconded to restore the words "for their approbation" to the 22'"' article it passed in the negative It was moved and seconded to refer the following to the Committee of revision. "That it l)e an instruction to the Committee to prepare an "address to the People to accon:pany the present constitn- "tion, and to be laid with the same before the United States " in Congress. which passed in the afifirmative. Tuesday September 11. 17S7. The House met — but the Committee of revision not hav- ing reported, and there being no business before the Con- vention The House adjourned. I A I' 1.-, 194 Wednesday September 12. 17S7. The honorable 'SU Johnson from the Committee of revision informed the House tluit the Committee Avere prepared to report the Constitution as revised and arranged. The report was then delivered in at the Secretarv's table — and having been once read thi'oughout. Ordered that the Members be furnished with printed copies thereof. The draught of a letter to Congfress being at the same time reported — -was read once throughout, and afterwards agreed to by paragraphs. It was moved and seconded to reconsider the 13"' sect, of the 6'" article which passed in the affirmative It was moved and seconded to strike out tlie words llufc fourths ["'two thirds"' stricken cmt] and to insert the words "two thirds" in the 13 sect of the 6"' article which passed in the affirmative It was moved and seconded to a])point a Committee to pre- pare a Bill of rights which passed in the negative It was moved and seconded to ["agree to the following" stricken out] reconsider the 13"' article in order to add the following clause at the end of the 13 article. "Provided nothing herein contained sliall be construed to "restrain anv vState from la\-ing duties u])on e\])orls, for the "sole purpose of defraying ihc charges of ius])ecling, ])acking, "storing, and in(Uniuif\-ing tlie losses in kec])ing llic Com- " modities, in the care of public ( )flicers, before exjjorlatiou " It was agreed to reconsider 195 Thursclav Scpteinber 13. 1 7S7. The lionoralUe M' Jolnison from llic Coniniittce of revision Present sromsn ,.ppQ,-^^^.J t^]^^. following as a substitute for the 22'"' and 23"' articles Resolved that tlie preceeding Constitution be laid before the United States in Congress assembled, and that it is the opin- ion of this Convention that it should afterwards be submitted to a Convention of Delegates, chosen in each State bv the People thereof , under the recommendation of it's Legislature; for their assent and ratification, and that each Convention assenting to, and ratif\'ing, the same should give notice thereof to the United States in Congress assembled. Resolved that it is the opinion of this Convention that as soon as the Conventions of nine States, shall have ratified this Constitution, the Ignited vStates in Congress assembled should fix a day, on which Electors should be appointed by the States which shall have ratified the same: and a day on which the Electors should assemble to vote for the President: and the Time and Place for commencing proceedings under this con- stitution 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 Constitution requires, to the Secretar}' of the United States in Congress assembled, that the Senators and representatives should convene at the Time and place assigned, that the Senators should appoint a President of the Senate for the sole purpose of receiving, opening, and counting the votes for President; and that after he shall be chosen, the Congress together with the President should without delaj- proceed to execute this Constitution 196 The clause offered to the House yesterday to be added to the 13"' article being withdrawn — It was moved and seconded to agree to the following amendment to the 13"' article Provided that no State shall be restrained from imposing the usual Duties on produce exported from such State, for the sole purpose of defraying the charges of inspecting, pack- ing, storing, and indemnifying the losses on such produce, while in the custody of public officers: but all such regulations shall, in case of abuse, be subject to the revision and controul of ["the Legislatures of the United States." stricken out] Congress. which passed in the affirmative. It was moved and seconded to proceed to the comparing of the report, from the Committee of revision, with the articles whicli were agreed to by the House ; and to them referred for arrangement. which passed in the affirmative and the same was read by paragraphs, compared, and in some ])laces corrected and amended. Friday vSeptem' 14. 1787. [Tlie following was stricken out: "It was moved and sec- onded to reconsider the 3 clause of 2'' sect, r' article which passed in the negative It was moved and seconded to add the words "which shall tlien fill such vacancies" after the words "meeting of tlie Legislature" in llie 2'"' clause of llie 3'''' sect. !"'■ article wliich ]Kisse(l in the affirmative"] The re])ort from tlie Comniittec of re\ision, as conx'cled and amended yesterday", Ijeing taken ii]), was read, debated by 197 nineiulcd, first paragraphs, and agreed t(i as far as the ["last" stricken out] lu scclioii of tilt* clause of the first article inclusixc ["It was nio" stricken out.] The House adjourned. Saturday September 15. 1787. [The following was stricken out: "It was moved and sec- onded to appoint a Committee to prepare an address to the People of tlie United States to accom])any the Constitution which ])assed in the negative. It was moved and seconded to i-econsider the 3"' clau.se, 2'"' sect, i"' article, which passed in the afifirmative It was moved and seconded to — "] Department of State ]\Iarch 19. 1796. Received from the President of the United States this book containing the proceedings of the general convention when in a committee of the whole honse, in twenty eight pages. The 27th & 28th pages are on a leaf which was loose, and appeared to ha\e been torn from the book in the place where I have now inserted it. Timothy Pickering Secretar}' of State. 19S 199 In a CiHHiuittcc of tlic W'liolc House. WcdiiL-stlay Ma\- _^o. 17S7. Agreeably to llie order of the da\- llie House resolved itself into a Committee of the whole House to consider of the State of the Ameriean union. — M' Gorhani in llie Chair: The propositions oflfered yesterday to the consideration of the House by AT Randolph were read — and on motion of M"" Randolph, .seconded l)y M' (t. Morris + That the consideration of the first resolution contained in the said propositions be postponed, it passed in the affirmative. by M' RaiKlolph by M' G Morris It was then moved and seconded to substitute the fol- lowing resolution in the place of the first resolution Resolved that an union of the States, merely foederal, will not accomplish the objects proposed b^- the articles of con- federation, namel}- " common defence, securit}' of liberty, and general welfare. It was moved by M' Butler seconded by AT Randolph to postpone the consideration of the said resolution in order submitted by Mf K.-iiiclolpll to take up the following resolution namely Resolved that a national goveniment ought to be estab- lished consisting of a supreme legislative, judiciar\- and executive. It was moved b\- M' Read seconded by M' C. C. Pinckney to postpone the consideration of the last resolution in order to take up the following ■ Resolved That in order to carry into execution the design of the States in forming this convention and to accomplish the objects proposed by the confederation " a more effective government consisting of a Legislative, Judiciary, and Exec- utive ought to be established " 200 On the question to postpone, in order to take up the last resolution, the question was lost. On motion to agree to the said resolution moved liv M' Butler it passed in the affirmative — and the resolution, as agreed to, is as follows. it is the opinion of this Committee that Resolved that a national government ought to be estab- lished consisting of a supreme Legislative, Judiciarv, and Executive The following resolution was then mo\-ed by ^V Randolph. Resolved that the rights of suffrage in the national legis- lature ought to be proportioned to the quotas of contribution, or to the r. umber of free inhabitants, as the one or the other nile mav seem best in different cases. It was moved by M' Hamilton seconded bv M' Spaight that the resolution be altered so as to read Resolved that the rights of suffrage in the national legi.s- lature ought to be proporlic^ned to the number of free inhab- itants It was moved and seconded that the resolution be post- poned — and on the question to Dostpone it ]xissed in the affirmative The following resolution moved by M' Randolph sec- onded by M' Madison Resolved tliat the rights of suffrage in the national legi.s- ture ought to be proportioned — it was moved and seconded to add the words " and not according to the present system " — On the question to agree to the ameiidmenl it passed in the affirnuitive. It was then moved and seconded so to alter the resolution that it should read 20I Resolved llmt tlie rij^lUs of suftniyc in the luilioiuil legis- lature ouj^lil not to be aceordinq; It was iIr-ii iii(i\'ed and seeonded to ]i()st]xiiie the eonsidcra- tion of the last resohitioii — And, on the question to post- jione, it passed in the affirmative The following resolution was ["It was" strieken out] then moved by M' Madison seconded by AF G. Morris. Resolved that the equalit}- of suffrage established 1)\- the articles of confederation ought not to prevail in the national legislature and tliat an e(|uitable ratio or representation ought to be substituted It was moved and seconded to jxjstpone the consideration of the last resolution And on the question to postpone it passed in the affirma- tive. It was moved and seconded that the Committee do now ri.se. Thursda}' Ma\' 31. 1787. M"" Gorham in the Chair & seconded It was moved that the Committee proceed to the con.sid- eration of the following resolution (submitted by 'SV Ran- dolph) nameh' " Resolved that the national legislature ought to consist of two branches." — And on the question to agree to the said resolution it passed in the affirmative. It was then mo\ed to proceed to the consideration of the clr»u-.t- of iht." foiinh following resolution (submitted b}- M"" Randolph) namely 202 " Resolved that the ineinbers of the first branch of the national legislature ought to be elected by the people of the several States: " and on the question to agree to the said clause of the fourth resolution it passed in the affirmative It was then moved and seconded to postpone the considera- fonrtli tion of the remaining clauses of the said, resolution and on the question to postpone the remaining clauses of the said fourth resolution it passed in the affirmative It was then moved and seconded to proceed to the considera- tion of tlie following resolution (being the fifth sul)mitted by M' Randolph I Resolved that the members of the second branch of the national legislature ought to be elected by those of the first: out of— cV-'' and on the question to agree to the said fifth resolution it jKissed in the negative It was llien moved and seconded to proceed to the consid- eration of the following resolution (being the sixth sul)niittcd by M' Randolph) Resolved "that each Ijranch ought to possess the right of originating acts: " "Tliat the national legislature ought to be emiK)wcrcd" " to enjoy the legislative [" acts " stricken out J riglits \-cstcd in Congress by tlic confederation; and moreover To legislate in all cases, to wliicli llic scjiaratc vStates are incompetent: or in uliicli the harnion\- of the united .''^latcs may be inter- rupted b)' tlie exercise of inib\ i(hial k'gislalion 203 To iici^ativc all laws, passed In' the scNorai .States, coiitra- veiiiiii;', in the opinion of the national lej^islature, the articles of union: (the following words were added to this clause on motion of M' Franklin, "or any Treaties subsisting under the authority of the union sfpanilcly Questions being taken on the foregoing clauses of the sixth resolution they were agreed to. It was then moyed and seconded to postpone the consid- eration of the last clause of the sixth resolution namely "to call forth the force of the union against any member of the union, failing to fulfil it's duty under the articles thereof." on the question to postpone the consideration of the .said clause it passed in the affirmatiye Friday June i. 17S7. M"" Gorhani in the Chair. It was moyed and seconded to proceed to the considera- tion of the 7"' resolution submitted b}- ]\r Randoljih, namel}- "Resolyed that a national executiye be instituted; to "be chosen b}- the national legislature; for the term of " years "to receiye punctually at stated times a fixed compensa- "tion for the services rendered; in which no eiicrease or dimi- "nution shall be made so as to affect the magistracy existing " at the time of such encrease or diminution ; and " to be ineligible a second time; and that besides a general "authoritj- to execute the national laws, it ought to enjoy the "executive rights vested in Congress by the confederation" 204 Oil niotioii, by M' Wilson seconded by ^NT C. Pinckney, to amend the first clause of the resolution by adding, after the word instituted, the words "to consist of a single per- son " — so as to read "resolved "that a national executive to consist of a single person be instituted" It was moved and seconded to to postpone the considera- tion of the amendment — and on the question to postpone it passed in the aiifinnative It was then mo\-ed and seconded to agree to the first clause of the resolution, namely "Resolved that a national executive be instituted" and on the question to agree to the said clause it passed in the affirmative It was then moved, by ]\r Madison, seconded by M' Wilson, after the word instituted to add the words "with power to carry into execution the national laws, — to "appoint to offices in cases not otherwise provided for; and "to execute such other powers, not legislative or judiciary in "their nature, as may from time to time be delegated by the "national legislature" and on a division of the amendment the following clauses were agreed to — namely "with power to carrv into execution the national laws"; "to appoint to offices in cases not otherwise pro\ide(l for" ( )n tlie cjuestion to continue the last clause of the amentl- menl namcl}' "and to execute sucli oilier ])owers, not legislative or "judiciary in their nature, as may from lime to lime Ijc dele- " gated by the national legislalure." it passed in the negative. 205 It was then iiKncd and seconded to fill u]) llie blank willi the word " se\en " — so as to read "for the term of seven years" And on tlie (|uestion to fill nj) tlie l)hink witli the word "seven" it passed in the afTlnnative It was then moved and seconded to postpone the consid- eration of tile following words — namely "to be chosen by the national legislature" and on the question to postpone it passed in the affirmative. It was then moved and seconded that the Committee do now rise — and report a further progress Saturday June 2'"' 1787. M'' Gorham in the Chair. It was moved and seconded to postpone the farther consideration of the resolution, submitted by ^V Randolph, which respects the Executive — in order to take up the con- sideration of the resolution respecting the second branch of the Legislature. And on the question to postpone it pas.sed in the negative it was then moved and seconded to postpone the consid- eration of these words namel}- [Here follow these words, in pencil: "to be chosen bv the Nat' Leg"^"] in order to take up the following resolution submitted by M"" Wilson, namel}'. " Resolved that the Executive ^Magistracj' shall be elected " in manner following. 2o6 "That the States be divided into Districts — and "that the persons, qualified to vote in each District, "elect Alembers for their respective Districts to be " electors of the Executive ]\Iagistracy "That the electors of the Executive ^Magistracy meet and " thev or an}- of them shall elect by ballot, but not out "of their own Body, Person in whom the Execu- "tive authoritv of the national government shall be vested." "and on the question to postpone it passed in the negative It was then moved and seconded to agi^ee to the words in the resolution, submitted bv M"' Randolph, so as to read "To be chosen by the national legislature for the term of seven years" And on the question to agree to these words, it pas.sed in the affirmative. It was then moved and seconded to postpone the consider- ation of that part of the resolution, as submitted by AI' Ran- dolph, which respects the stipend of the Executive, in Order to introduce the following motion made by D'' PVanklin namely "whose neces.sary expences shall be defrayed, but who "shall receive no .salary, stipend. Fee or reward what.soever "for their services." and on the question to ])ostpone it passed in the aifirmative. It was tlien moved and seconded to postpone the consid- eration of the said motion offered b}- D' Franklin and on the Cjuesliou to post])one it passed in the alllrmali\'e It was then moved l)v M' Dickinson secondi'd 1)\- M' Bed- ford to amend the resolutidu, before the Committee, by add- 207 ing after the words "to be chosen h\- tlie iiatioiml les^islatxire for the term of seven years" the following words "to be removable by the national lei^islalnre n]ion reqnest "by a majority of the legislatures of the individnal States" it was mo\-ed an'd seconded to strike out the words " upon request by a majority of the legislatures of the individual States" On the question to strike out it passed in the negative The question being taken to agree to the amendment, offered by M"^ Dickinson it passed in the negative. The question being then taken on the words contained in the resolution submitted by M"" Randolph, namely "to l)e ineligible a second time" it passed in the affirmative. It was then moved by M' Williamson .seconded by M'' Davie to add the following words to the last clause of the resolution respecting the executive nameh' "and to be removable on impeachment and conxiction of mal-practice or neglect of duty " On the question to add the words it passed in the affirmative. It was then mo\ed by M' Rutledge seconded by AF C Pinckne}- to fill up the blank after the words "executive to consist of — with the words "One person." It was then mo\ed and seconded to postpone the consid- eration of the last motion. and on the question to postpone, it passed in the affirmative. 2o8 It was then moved and seconded that the Committee do now rise, report a further progress, and request lea\e to sit again the Committee then rose. Monday June 4. 1787. j\F Gorham in the Chair It -was moved and seconded to proceed to the farther con- sider of the propositions submitted to the Committee b}- M'' Randolph — wlien On motion of M' C. Pincknev seconded bv M' \\ ilson to iill up the blank after the words " that a national executive be instituted to consist of" with the words "a single person" On the question to fill up the blank with the words "a single person " it passed in the affirmative. It was ihen moved and seconded to take into consideration the first clause of the eighth resolution, submitted bv I\r Randol])h. namelv "Resolved that the national executi\'e and a convenient "number of the national judiciarv ought to compose a "Council of revision" It was then mo\cd and seconded to ]iost]ionc the consid- eration (if the said clause in order to iulroducc the following resolution submitted l)v M' (ierr\- namch- "re.so]\c(l that tlu- nalidual I'\\cculivc sliall have a right to "negative any legislative act, whicii shall not be afterwards 209 " passed unless by parts of each l)raiich of the national " legislature." and on the question to postpone it passed in the affirmative It was then moved by M' Wilson seconded by M' Hamilton to strike out the words afterwards " shall not be passed but but bv parts of each branch " of the national legislature." and on the question to strike out the words it passed uuau: in the negative It was then moved by Ar Butler seconded by D"" Franklin that the resolution be altered so as to read " resolved that the national executive have a power to suspend any legislative act for and on the question to agree to the alteration it passed uuau : in the negative. A question was then taken on the resolution submitted by M'' Gerry namely " resolved that the national executive shall have a right "to negative au}- legislative act which shall not be after- " wards passed unless by two third parts of each branch " of the national legislature " And on the question to agree to the same it passed in the afiBrmative It was then moved b}- M' Wilson seconded b}' AF Madison that the following amendment be made to the last resolution after the words " national Executive " to add the words " a convenient number of the national judiciary." — An objection of order being taken by AF Hamilton to the I .\p 14 2IO introduction of the last amendment at this time. — notice was given by M' W^ilson seconded by AF Madison that the same would be moved to morrow. — ["Thursday" stricken out] Wednesda\- assigned to reconsider It was then moved and seconded to proceed to the con- sideration of the 9"' resolution submitted bj' ]\r Randolph When on motion to agree to the first clause namel}- "resolved that a national judiciary be established" it passed in the affirmative It was then moved and seconded to add these words to the first clause of the ninth resolution namely "to consist of One supreme tribunal, and of one or more inferior tribunals. and on the question to agree to the same. it passed in the affirmative. It was then moved and seconded tliat the Committee do now rise, report a further progress, and request leave to sit again. The Committee then rose. Tuesday June 5. 17S7. Ar Gorliam in the Chair It was moved and seconded to ])roceed to llic furllier con- sid" of tlie g"' resolution, submitted by M' Raudolpli. It was then moved and seconded {<> anu'nd llu; last clause by striking out tlie words "()ne or more" so as to read "and of inferior lo tribunals" 21 I and on the question to strike out it passed in the affirmative It was tlien moved and seconded to strike out the words "the national legislature" so as to read to be appointed by. On the question to strike out it passed in the affirmative Notice was given by i\r Wilson that he should at a future da}' move for a reconsideration of that clause which respects "inferior tribunals" ]\r C. Pincknej' gave notice that when the clause which respects the appointment of the judiciar}' came before the Committee he should move to restore the words "the national legislature" It was then moved and seconded to agree to the following part of the 9"' resolution namely. "To hold their offices during good behaviour and to "receive punctuallj', at stated times, a fixed compensation "for their services, in which no encrease or diminution shall "be made, so as to aiTect the persons actually in office at the "time of such encrease or diminution" and on the question to agree to the same it passed in the affirmative It was then moved and seconded to postpone the remaining clause of the 9"^ resolution and on the question to postpone it passed in the affirmative On the question to agree to the 10"' resolution, as submitted bv M'' Randolph namel}' 212 "resolved that provision ought to be made for the admis- " sion of States lawrfiillv arising within the limits of the United "States, whether from a voluntary junction of government "and territory- or otherwise, with the consent of a number of "voices in the national legislature less than the whole" it passed in the afhrmative It was moved and seconded to postpone the consideration of the ii"' resolution submitted by ]\r Randolph, and on the question to postpone it passed in the affirmative On the question to agree to the 12"" resolution submitted by AF Randolph — namely "resolved that provision ought to be made for the contin- " nance of a Congress and their authorities and privileges, "until a given day, after the reform of the articles of union "shall be adopted, and for the completion of all their engage- it passed in the affirmative It was then moved and seconded to postpone the considera- tion of the 13"' resolution submitted by Ar Randolph and on the question to postpone it passed in the affirmative It was moved and seconded to postpone the consid" of the 14"' resolution submitted bj^ M" RandolphJ and on the question to postpone it passed in the affirmative It was moved and seconded to postpone the consid" of the 15"' resolution sulimilted by M' Kandul])!] 213 and on the question to pt)stpone it ])iissecl in the uffirnuitive It was moved by M' C Pinckney seconded b}- ]\r Rutledge that tt)-niorrow be assigned to reconsider that clause of the 4"' resolution which respects the election of the first branch of the national legislature. And t)n the question to reconsider the same to-morrow it passed in the affirmative It was moved by I\r Rutledge seconded by M"' Sherman To strike out the following words in the 9"' resolution submitted by M*^ Randolph namely "and of inferior tribunals " And on the question to strike out it passed in the affirmative It was then moved and seconded that the following clause be added to the g"' resolution namely "That the national legislature be empowered to appoint inferior Tribunals" And on the question to agree to the same it passed in the affirmative It was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again. The Committee then rose Wednesday June 6. 1787. M'' Gorham in the Chair It was moved by M' C. Pinckney seconded b\- I\r Rut- ledge to strike the word "people" out of the 4"" resolution 214 submitted b}- M"" Randolph, and to insert in it's place the word "Legislatures" so as to read "resolved that the ]\lenibers "of the first branch of the national legislature ought to be "elected bv the Legislatures of the several states" and On the question to strike out it passed in the negative On motion of ]\L Wilson seconded by AI' Aladison to amend the resolution, which respects the negative to be vested in the national executive by adding after the words "national executive" the words "with a convenient number of the national Judiciary" On the question to agree to the addition of these words it passed in the negative i\L C. Pinckney gave notice that to-morrow he shoirld move for the reconsideration of that clause in the resolution, adopted b}- the Committee, which vests a negative in the na- tional legislature on the laws of the several States, friday assigned to reconsider It was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again. The Committee then rose. Tlnirsday June 7. 1787. M' (jorham in tlic Chair Tlie following resolution was submitted by M' Dickinson sec- onded by M' SlK-rman. namely Resolved that the memljcrs of the second branch of the 215 national Lcs^islalure ought to be chosen by the individual Legislatures. It was then moved and seconded to postpone the last reso- lution, in order to introduce the following — submitted by AF Wilson seconded by M' Morris, namely Resolved that the second Branch of the national Legisla- ture be elected by the people in Districts to be formed for that purpose. And on the question to postpone it passed in the negative A question was then taken on the resolution submitted by ^r Dickinson namely "Resolved that the members of the second branch of the "national Legislature ought to be chosen b}- the individual "Legislatures" And on the question to agree to the same it passed unanimously in the affirmative M*" Gerr}' gave notice that he would to-morrow move for the reconsideration of the resolution which respects the appointment of the national executive — when he should offer to substitute the following mode of appointing the national Bxecutive namely by the Executives of the several States The Committee then rose. Fridaj- June 8. 17S7. M' Gorham in the Chair It was moved b}- M' C Pinckney seconded by M"" Madison to strike out the following words in the 6"' resolution adopted by the Committee namely 2l6 " to negative all laws passed by the several States coiitra- " veiling, in tlie opinion of the national legislature, the articles "of union; or aii}' treaties subsisting under the authorit}- of " the union." and to insert the following words in their place namely "to negative all laws which to them shall appear im- proper." And on the question to strike out it passed in the negative. It was moved b}- AF Gerr}' seconded by M*" King to recon- sider that clause of the seventh resolution, adopted bj- the Committee, which respects the appointment of the national Executive On the question to reconsider it passed in the affirmative and to-morrow was assigned for the reconsideration It was then moved by M'' C Pinckney seconded by M' Rut- ledge that the following resolution be added after the 4"" i^es- olution adopted b}- the Coniniittce namely. Resolved Th;it the States be divided into three Classes — the first Class to have three meml)ers, the second two, and the ["the" stricken out] third One member each — llial an estimate be taken of the comparative importance of each State, at fixed periods, .so as to ascertain the number of members thev may from time to tiuic l)e enlillcd to. Before aii}' debate was liad, or determination taken on M"" Pinckney's proposition — it was uiovcd and seconded that the Committee do now ri.sc, report a furlher ])rogress, and re(|uest leave to sit again. The Committee then ro.se. 217 Saturday June q. 17S7 M' Gorluun in Uk- Cliair.l^^ It was moved by M' Patterson seconded by M' Brearlcy to enter on the consideration of the resolution submitted by I^r Randolph. After some time passed in debate — It was moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again. The Committee then rose If^A question being taken, on IVr Gerry's motion, to strike out the following words in that clause of the 7"' resolution, adopted bj- the Committee, which respects the appointment of the national Executive namely "to be chosen b}- the national legislature" and to insert "to be chosen by the Executives of the individual States" it passed in the negative. Monday June 11. 17S7. M'' Gorham in the Chair. It was moved b}- AF King seconded b}' M' Rutledge to agree to the following resolution namely Resolved that the right of suffrage in the first branch of the national Legislature ought not to be according to the rule established in the articles of confederation ; but according to some equitable ratio of representation And on the question to agree to the same it passed in the affirmative. 2l8 It was then ino\ed by ^F Rutledge seconded by M"^ Butler to add the following words to the last resolution "namely, according to the quotas of contribution" It was moved by M"^ Wilson seconded by M"" C. Pinckney to postpone the consideration of the last motion in order to introduce the following words, after the words "ec^uitable ratio of representation " namely. "in proportion to the whole number of white and other "free Citizens and inhabitants of every age, sex and condi- "tion, including those boimd to servitiide for a term of years, "and three fifths of all other persons not comprehended in "the foregoing description, except Indians, not paying taxes "in each State" On the cjuestion to postpone it passed in the affirmative On the question to agree to M' Wilson's motion it passed in the affirmative It was moved by M"" Sherman seccmded by M' Ellsworth "That in the second branch of the National Legislature each State have One vote" On the question to agree to the same it passed in the negative. It was then moved by M' Wilson seconded by IM"' Hamilton to adopt the following resolution, namely', " Resolved that the right of suftrage in the second branch "of the national Legislature ought to be according to the rule "established for the first" On t])e (juestion to agree to the same it passed in the affirmati\e It was moved and seconded to agree to the i i"' resolution 219 submitted by yV Randolph — and amended to read as fol- lows — " Resolved that a republican constitution, and it's existing "laws onjjht to be .t;uarantecd to each State by the I'nited "States." And on the question to agree to the same tm;minK)Visly it passed in the affirmative It was then mo\ed and seconded to agree to the following resolution Resolved that provision ought to be made for the amend- ment of the articles of union wliensoever it shall seem necessary. On the question to agree to the same it passed in the affirmative It was agreed to postpone the following clause in the 13"' resolution submitted by ]\r Randolph namely "and that the assent of the national legislature ought not to be required thereto" It was then moved and seconded to agree to the 14 resolu- tion submitted b}- 'SU Randolph namely " Resolved that the ["amendments" stricken out] legisla- "tive, executive, and judiciary powers within the several "States ought to be bound by oath to support the articles "of union" It was then moved by M"^ Martin seconded by to strike out the words "within the several States" and on the question to strike out. it passed in the negative It was then moved and seconded to agree to the 14"' resolu- tion as submitted bv M' Randolph 220 And on the question to agree to the same, it passed in the affirmative It was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again The Committee then rose. Tuesday June 12. 17S7 ]\r Gorham in the Chair It was moved and seconded to fill up the blank in the ["4"'" inserted in pencil] resolution respecting the term for which the members of the first branch of the national Legislature should be chosen with the words "three years" On the question to fill up with three j-ears it passed in the affirmative. It was moved and seconded to strike out the following words in the ["4"'" inserted in pencil] resolution namely to be of j-ears at least. .•\iul on the question to strike cmt it passed in the affirmative It was moved and seconded to add the words "and fixed" after the word "liberal" in that clause of the ["4"'" inserted in pencil] resolution whicli respects the stipend of the first brancli passed in llic affirmative 221 It was then moved :iud seconded to add the words "to be paid ont of the pnblic Treasury" agreed to It was moved and seconded to strike out the words " b}- a particular State" passed in tlie negative a question being taken on the clause which respects the ineligibility of the members of the first branch it passed in the affirmative It was moved and seconded to amend the ["4"'" inserted in pencil] resolution by inserting the words "and under the national government for the space of three years after it's expiration." passed in the negative Moved and seconded to fill up the blank with "One year" passed in the affirmative it was moved and seconded to strike out the following words namely "to be incapable of re-election for the space of after the expiration of their term of service and to be subject to re-call. On the question to strike out passed in the affirmative It was moved and seconded to strike out the words to be of years at least [the following bracketed words inserted in pencil: "from the 5"' Resolution."] passed in the negative 222 IMoved to fill up the blank with "Thirty" passed in the afifirmative Moved and seconded to fill up the blank after the words "sufficient to ensure their independeuc}'" with "seven years" passed in the affirmative It was moved by ^l^ Rutledge seconded by AF Butler to strike out the clause which respects stipends to be allowed to the second branch On the question to strike out passed in the negative It was then moved and seconded that the clause A\hich re- spects the stipends ["to be given" stricken out] to be given to the second branch be the same as that of the first passed in the affirmative It was moved and seconded that the ineligibility of the second branch to office be the same as the first passed in the affirmative It was moved and seconded to alter the resolution submitted by M' Randolph, so as to read as follows namely. "That the jurisdiction of the su])rcme Tribunal shall be "to hear and determine in the dernier resort all piracies, "felonies &^^'" It was uioved and seconded Id jKislpone the whole of the last clause generally. 22 1 It was then moved and seconded to strike out the words " nil piracies and felonies on the high seas " passed in the affirmative It was moved and seconded to strike out the words " all captures from an enemy " passed in the affirmative It was moved and seconded to strike out the words " other States " and to insert the words " two distinct States in the union " passed in the affirmative It was moved and seconded t(j postpone the consideration of the resolution which respects the Judiciary, passed in the affirmative It was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again The Committee then rose Wednesday June 13. 1787. Ar Gorliam in the Chair It was moved bj- M*^ Randolph seconded by AF Madison to adopt the following resolution respecting the national Judi- ciar}- namel}' " That the jurisdiction of the national Judiciary shall " extend to cases which respect the collection of the national " revenue, impeachments of anj- national officers, and ques- " tions which involve the national peace and harmon}'" passed in the affirmative 224 It was moved by ]\F Pincknev seconded by "SV Sherman to insert after the words " One supreme Tribunal " " the Judges of which to be appointed by the second branch of the national Legislature passed in the affirmatiye It was moyed b}- 'hV Gerr}' seconded by M'' Pinckney to add the following words to the fifth resolution adopted b}- the Conimittee namely " excepting money bills, which shall originate in the first " branch of the national Legislature " passed in the negative It was then moved and seconded that the Committee do rise and report their proceedings to the House The Committee then rose Saturday June i6. 1787. ]\r Gorham in the Chair. After some time passed in debate on the propositions offered by the lK)norable M' Paterson. It was moved and seconded tliat the Committee do now rise, report a further progress, and request leave to sit again — Tile Committee then rose. Monday June iS. 1787 AP Gorliani in the Cliair. It was moved by M' Dickinson secondicl by to pftstpoiic the ronsitU-rjitifjii of llu* first [" substitute tlic following resolution in tin- jjlacc of tlie 225 first" stricken out] resolulidii sul)niitt(.-(l by AT Patersou ill order to introduce the lol lowing. namely. "Resohed thai ihv articles of confederation ought to be "revisc-d and amended, so as to render the government of "the I'nited States adequate to the Exigencies, the preserva- "tion, and the prosperity of tlie Union." And on the question to agree to tlie same it passed in the affirmative Tt was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again The Committee then rose. Tuesday June 19. 1787 ]\r Gorham in the Chair On a question to adopt M"" Dickinson's motion — moved yes- terda}- — it passed in the negative It was then moved and seconded to postpone the considera- tion of the first proposition offered by 'W Patersou. passed in the affirmative It was then moved and seconded that the Committee do now rise — and report to the House that tliey do not agree to the propositions oflfered by the honorable .M' Patersou — and that they report the resolutions offered by the honorable AP Ran- dolph, heretofore reported from a Committee of the whole House passed in the affirmative The Committee then rose. I .\i' 15 Department of State March 19 1796. Received from the President of the United States, This book, containing a detail of the yeas and nays given on questions in the general convention of the U. States. These appear on the three first pages, and, after an interval of eight blank pages, on the five next pages. With this book I also received two sheets of the like yeas & nays entirely filled, and a half sheet filled on one page. Timothy Pickering Sec^' of State. 226 SAOU 227 -I I ■5, *• is ■o S be 5 c S 2 3 'Ji » i> ffii! j= 5 « •■g" 58 >■ w° ' - O' ? £ S^ w ^ a "J ■■5 re tr tn ■i) J= rt £ X bjr- A^x: £ w ft/ QO I 00 I *0 I 1/ re to o « K «*- ^" ■as r BiSjoao S IS.l2|S>!2l S.| 5^ iMiiiojBO mnos EUl(OJBD MWOJI biuiSjia pUVlXjBIV ajBABisa BiueAiXsuii^cI A3sa;>f Max :!tJo.v M^ti piieisi apoqH IJl 2 28 papiAip - - « " 1 S30U 'C c^ i- O . « - f- ^ "! 1 saXB "* irt ■* 00 lO 1 ° « \D " 1 T) V in !" ^ <2 O c i s '■S < cd tj a .S c4 U O i a, e ■§. ^ S u j: t^ 8 2 o o u X K *S £ t in ft o ■o ^ 2 t c 5 .-;; O ft Ph j:: M e 1 .2 .1 3 f^ a a f t ■a c CO CO w !« rt « S! ft; H "^ tJ bo u d^ a c ca Cd '!^ R o o H H H H H H H H H H BiSJoao & o a g g Si. CO a cd Si. CO 2;, CO 2;. 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HI OS lO « " M to - N NO t» « 26l '' 1 1- >> s 1 g c i 1 o «d a 1 ^ o o B i & I- ^ g g s g 1 h h i V o a V (9 V .!> g ,- c o c eg a O c g o a 4^ i 1 I- a o :- s i -- g V <0 o s s o 8 4/ :- 1 § 1 ■s •> •5 1 1 = 5 S f X X It ■> M C O i V 1 t 4* 1 s s 3 u V 'S •c •c 1 V .•^ *u •J} 2 o c o o c s o s 1 V es g O s 1 ^ a 1 5 g 1 V o 00 « M n V « * »*) o 1 « CO 00 t^ « - particular & entire" stricken out] every That it will meet the full approbation of ["any^^one" stricken out] State is not perhaps to be expected But each will doubtless consider that had her Interests been alone consulted the Consequences might have been particularly disagreeable or injurious to others. That it is liable to as few Exceptions as could reasonably have been expected we hope and believe That it may promote the lasting Welfare of that Country so dear to us all and secure her Freedom and Happiness is our most ardent Wish — [indorsement.] N" — 3. Draught of the letter from the Convention to Congress, to accompany' the Constitution Providence Ma}' ii. 1787. Gentlemen Since the Legislature of this State have finall}- declined sending Delegates to Meet you in Convention for tlic pur- poses mentioned in the Resolve of Congress of the 21" Foh- ruarj- 1787. the Merchants Tradesmen and others of this place, deeply affected with tlie evils of the present unliapi)y times, have thought proper to Comniuuicate in writing llieir approbation of 3'our Meeting, And their regret that it will fall short of a Compleat Representation of the Federal Union. The failure of this State was Owing to the Nonconcurrence of the Upper House of Assembly with a \'ote passed in the Lower House, for appointing Delegates to attend the said Convention, at thier Session holden at New]X)rt on the first Wednesday of the present Month. It is the general Opinion here and we believe of the well in- formed throughout this State, thai full power for the Regula- tion of the Coninierce of the I'nited States, both Foreign & Domestick ought to be vested in the National Council. And that Effectual Arrangements should also be made for giving Operation to the present powers of Congress in thier Requisitions upon the States for National purposes. As the Object of this Letter is chief!}- to prevent any im- pressions unfavorable to the Commercial Interest of this State, from taking place in our Sister States from the Circum- stance of our being unrepresented in the present National Convention, we shall not presume to enter into any detail of 275 2-6 the objects we hope your deliberations will embrace and pro- vide for being" convinced they will be such as have a tendency to strengthen the Union, promote Commerce, increase the power & Establish the Credit of the United States. The result of your deliberations tending to these dejireable purposes we still hope may finally be Approved arid Adopted by this State, for which we pledge our Influence and best exertions. In behalf of the Merchants, Tradesmen &c We have the Honour to be with perfect Consideration & Respect Your most Obedient & Most Humble Servant's John Brown Jabez Bow- en Tho^ Lloyd Halsry Nicho® Brown Jos. Nightingale John Jenckes, Levi Hall Welcome Arnold Philip Allen William Russell Paul Allen Jeremiah Olmy, William Barton The Hon'''" the Chairman of the General Convention Philadelphia [indorsement.] N° 5. 1 .ettcr from several Gentlemen of Rliodc Island addressed I tlic lionorable tlic Chairman of the General Convention ' rned in behalf of the Merchants, Tradesmen &"" dated Providence May i i. i7«'^7- id on Monday May 2S. 17S 7. -—Ordered to lye on tlie table farther considenilion O o Newport June i8'" 1787 Sir— The inclosed address, of which I presume your Excellencj' has received a duplicde, was returned to nic from New York after ni}- arrival in this State. I flatterd myself that our Legislature, which convened on monday last, would have re- ceded from the resolution therein refer'd to, and lia\c com- plied with the recommendation of Congress in sending deli- p gates to the federal convention. The uper house, or Gov- ernor, & Council, embraced the measure, but it was negatived in the house of Assembl}' b}' a large majorit}-, notwithstand- ing the greatest exertions were made to support it. Being disappointed in their expectations, the minorit}' in the administration and all the worthy citizens of this State, whose minds are well iufornid regreting the peculiarities of their Situation place their fullest confidence in the wisdom & moderation of the national council, and indulge the warmest hopes of being fav-orabl)' consider'd in their deliberations. From these deliberations the}- anticipate a political S3^steni which must finally be adopted & from whicli \\ ill result the Safet)-, the honour, & the happiness of the United States Permit me, Sir, to observe, that the measures of our present Legislature do not exhibit the real character of the State. They are equallj' reprobated, & abhor'd b}- Gentle- men of the learned professions, by the whole mercantile body, & by most of the respectable farmers and mechanicks. The majority of the administration is composed of a licentious 277 278 number of men, destitute of education, and man}- of tliem, Void of principle. From anarchy and confusion they derive their temporar}- consequence, and this they endeavor to pro- long b}- debauching the minds of the common people, whose attention is wholly directed to the Abolition of debts both public & private. With these are associated the disaffected of every description, particularly those who were unfriendly during the war. Their paper money Sj'stem, founded in oppression & fraud, the}' are determined to Support at every hazard. And rather than relinquish their favorite pursuit the trample upon the most sacred obligations. As a proof of this they refused to comply with a requisition of Congress for repealing all laws repugnant to the treaty of peace with Great Britain, and urged as their principal reason, that it would be calling in question the propriet}' of their former measures These evils may be attributed, parth' to the extreme free- dom of our own constitution, and partly to the want of energy in tlie federal Union: And it is greatly to be apprehended that they cannot Speedily be removed but b}- uncommon and very serious exertions. It is fortunate however that the wealth and resources of this State are chiefl\- in possion of the well Affected, & that they are intirel}' devoted to the public good. I have the honor of being Sir, witli tlic greatest Veneration & esteem, Your excellencys very obedient & most humble servant — His excellency Gen' Washington 279 [iNDORSKMHNT.] N"6. Letter to General Washington dated Newport Jnne iS. 1787. Sir. I have the honor to transmit to you as President of the Convention, a resolve of the directors of the Library Com- pan}' in this Cit}'. I am Sir with perfect respect your most obedient humble servant W: Rawle. Third Street 6'" July 1787 [indorsement.] N° 7. W"' Rawle July 6. 1787. with a resolve of the Library Com- pan}- of Philadelphia At a meeting of the directors of the Library company of Philadelphia on Thursday the 5"' July 1787 Resolved That the librarian furnish the gentlemen who compose the Convention now sitting with such books as they ma}' desire during their continuance at Philadelphia, taking receipts for the same. By order of the directors, W: Rawle vSecretary. 280 Sires \\'itli leave and submission I address myself To those in whome there is wisdom understanding and knowledge, the}' are the honourable personages appointed and Made overseers of a part of tlie terrestrial globe of the Earth, Namely the 13 united states of america in Convention Assembled, the Lord preserve them amen — I the subscriber being one of the people called Jews of the City of Philadelphia, a people scattered and despersed among all nations do behold with Concern that among the laws in the Constitution of Pennsjdvania their is a Clause Sect. 10 to viz — I do belive in one God the Creature and governour of the universe the Rewarder of the good and the punishcr of the wicked — and I do acknowledge the scriptures of the old and New testement to be given b}' a devine inspiration — to swear and believe that the new testement was given by devine inspiration is absolutly against the Religious principle of a Jew. and is against his Conscience to take an}' such oath — By the above law a Jew is depri\'ed of holding any publick office or place of Goverment which is a Contridectory to the bill of Right Sect 2. viz That all men have a natural and unalienable Right To worship almighty God according to the dectates of their own Conscience and understanding, and that no man aught or of Right can be compelled to attend an)' Relegious Worship or Erect or support an^• place of worship or Maintain anj- min- ister contrarj- to or against his own free will and Consent nor 281 282 Can any man who acknowledges the being of a God be Justly deprived or abridged of any Civil Right as a Citizen on account of his Religious sentiments or peculiar mode of Religious Worship, and that no authority Can or aught to be vested in or assumed b}' any power what ever that shall in any Case interfere or in an}* manner Controul the Right of Conscience in the free Exercise of Religious Worship — It is well known among all the Citizens of the 13 united States that the Jews have been true and faithfull whigs, and during the late Contest with England they ha\'e been fore- most in aiding and assisting the States with their lifes and fortunes, the_v have supported the Cause, have bra\el3- faught and bleed for liberty' which the}- Can not Enjoy — Therefore if the honourable Convention shall in ther Wisdom think fit and alter the said oath and leave out the words to viz — and I doacknoweledge the scripture of the new testement to be given b}- de\-ine inspiration then the Israeletes will think them self happy to li^•e under a governicnt where all Relegious societvs are on an Eaquel footing — I solecet this favour for my self my Childreen and posterity and for the benefit of all the Isrealetes througli the 13 united States of america My prayers is iinlo llie Lord. May the people of this States Rise up as a great and young lion, May they prevail against their Enemies, Ma}' the degrees of honour of liis Ex- cellencey the president of tlie Convention George Washington, be Extollet and Raise up. May Every one speak of his glori- ous Exploits. May God ])rol()ng liis da}'s among us in tliis land (jf Liberty — May he lead tlie armies against liis Eneniys as he has done hereuntofore — Ma\' God Extend peace unto llie united States — May they grl u]) Id llie higliest Prospere- tys — May God Exlentl peace to them and their Seed after 283 them so long as the Sim and moon Endiireth — and may the almighty God of onr father Abraham Isaac and Jacob endue this Noble Assembly witli wisdom Judgement and nnamity in their Coiincells, and maj- they have the Satisfaction to see that their present toil and labour for the wellfair of the united States ma}- be approved of, Through all the world and pertic- ular by the united States of america is the ardent prayer of Sires Your Most devoted obe'' Servant Jonas Phillips Philadelphia 24'" Ellul 5547 or Sep^ 7'" 1787 [address.] To His Excellency the president and the Honourable Mem- bers of the Convention assembled Present [indorsement.] N°8. Letter from Jonas Phillips a Jew, dated Sept. 7, 1787. to the President & Members of the Convention Philadelphia ist May 1787 Sir I have just received an express from Baltimore informing me that my brother lays dangerouslj- ill, in consequence of which I set out immediatel}- for that place. I wish to com- municate this circumstance to your Excellency that it may be mentioned to the convention should my absence without leave be taken any notice of — With the greatest respect I have the honor to be Sir Your Excellency's ob S' James AFHenrv His Excellency the President of Convention [address.] His Excellency Geo. Washington Esq" President of Convention [indorsement.] N" 9. Letter from M' ^rHenry to the President May I. 1787. 284 285 tn -^^ cT be ^ t3 P rt u ^ a _c a d g ^ t3 (rf (LI a^ ^ 1/1 o a! o *— < 2 o 1 1 >> a < o 4-> 'u3 rP ^ o ir-( o 1-" 1-- (-»-H o in (LI HI O CJ ° 1 t/; c/: -t-t • o (LI B a! o G C o O C3 "5 •f-H > -1-1 0) O CO (U 'S (LI > — H 4.) tn be a o O (LI tH Ph (LI O .P CJ 4-1 (U So Q ^ p t— < • »-H « >. ;- 'P 1 .2 c3 2i (U •T3
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X u .5 '3 4-1 ■4~> i-i o ■4-* <-w X 1 1 c o 'tS X Jl> ' r^ 3 P I! rt 307 p^ u .2 V n3 "^ V. r-* .— ^ S > n r-" O U o l- rt 4-» o •-/: •*-» 'So TS o 4-t J !/; ^ t/; c ^ V- a Q rt -^ ^ ^ S s lU 1— • -4-t I^ <4-i f^ rH rt G OJ 8 a ^ Jl^ S i! 3 o ■4-* 02 r^ *-* "o O O o O o n • ^ yi: o t/3 >--> a; 4J a o o ;_ O u 73 73 (U c i5 73 r- . a OJ 73 73 OJ a OJ 73 CO OJ ^ .2 s ^ a * rH 73 JJ OJ 73 a o O 7! 3o8 w w w si O G '^ OJ '-^^ 4-» -t-> O 03 s g t-M rs 2 o IT. 1-J Ph u 02 w (^ r-" 4-J >■ •t- 1-^ o H ii O l-l o o U ON 4; Ph o [APPENDIX.] [This letter from Jjir Mr. I'iiickiicy to the Secretary of State — ^_, , . ^--. -r . * - • J Mr. Adams— and its On in\- return to this Citv as I promised 1 examined care- accompanyinK draft ' of a Constitution, "o 1*1T11*'J were recently found fully all the numerous notes ct papers which 1 had retained iu another luireau -' ^ ^ of the Department, ,. , r t 1 /-^ • it TfJ 'ind restored to the relatine to the federal Convention — amoiie them i iound,,..,,,ersortheconsti- *^ tution. They are several roueh draughts of the Constitution I proposed to thepi"ce 'the com- of c> c" the draft made by _. . t t t t ^' rr ^ • C ^^r. Adams' direc- Conventioii — althougfh the\- dinered m some measure rrom tiou, noted by him ^ • as " Paper furnished , ,. ,, , r il !_■ 1 '>v Mr. rincknev," each other in the wording- & arraiieement ol the articles — and nied with the " ^ archives of the Con- vet thev were all substantially the same — they all proceeded wi.kh""ppeared' in J -' - • ^ the first edition of . 1 ^ ■, • r-iT* .1 ,, , , J this volume.] upon the idea of throwing out of \ lew the attempt to amend the existing Confederation (then a ver)' favourite idea of a number) & proceeding de novo — of a Division of the Powers of Government into legislative executive & judicial & of making the Government to operate directly upon the People & not upon the States My Plan was substantially adopted in the sequel except as to the Senate & giving more power to the Executive than I intended — the force of \'ote which the small & middling states had in the Convention prevented our obtaining a proportional representation in more than one branch & the great power given to the President was nevei intended to have been given to hiiu while the Convention continued in that patient coolly deliberative situation in which they had been for nearly the whole of the preceding five months of their session, nor was it until within the last week or ten days that almost the whole of the Executive 3''9 3IO Department was altered — I can assure von as a fact that for more than Four months & a half out of Five The power of exclusively making treaties, appointing public Ministers & judges of the supreme Coiirt was given to the Senate after numerous debates & considerations of the subject both in Committee of the whole & in the house — this I not onlv aver but can prove by printed Documents in my possession to liave been the case — & should 1 ever have tlie pleasure to see ^■ou & converse on this subject will state to a'ou some things rela- ti\e to this business that mav be new and perhaps surprising to you — the A'eil of secrecy from the Proceedings of the Con- vention being removed by Congress & but ^■erv few of the members alive would make disclosures now of the scenes there acted less improper than before — With the aid of the jour- nal & the numerous notes & memorandums I have ]n"eserved should ["not" with the word "now" superscribed] be in iiiv power ["be difficult for me" stricken out] to give a Mew of almost insnix-rabU- the difficulties the Convention had to encounter «S: of the conflicting opinions of the members & 1 believe 1 should have attemjjted it liad 1 not alwavs understood M' Madison intended it — he alone I believed possessed & retained more numerous «.\: particular notes of their proceedings than mj'self — 1 will thank von sir to do me the honour to send me or to get the President to direct a coi)y of the Journal of the Convention to be sent me as also of the Secret Journals of Congress shonld it be considered not improper in nic to make the request — — I liave already informed von I have several rough draughts of the Constitution I ])roposed i\: thai they are all substantially the same differing onl\- in words i\: the arrangement Of the Articles — at the distance of nt'arU' tliirt\' two Years it is impossible fm- me lunv to say wliieli of tlie i or 5 draughts I have was the one l)ul enclosed I send von the one I believe was it — I repeat however llial llie}- are snbstantialh- the same differing only in form i\: unesscntials — — It may be necessary to remark that verj- soon after the Con- vention met T changed iS: avowed candidly tlie cliange of my opinion on giving the power to Congress to revise the State Laws in certain cases & in giving the exclusive Power to the Senate to declare War thinking it safer to ["vest" stricken out] refuse the first altogether iS: to vest the latter in Con- gress — I will thank you to acknowledge by a line the receipt of the Draught & this With ver}' great respect & Esteem I have the honour to be Your most obedient servant CHARLES PINCKNEY December 30 18 18 In Charleston [Address] [Stamp] To The Honourable John Onincv Adams Secretar}- for the Department of State The City Of Washington [Endorsement] Pincknej- Charles, December 30. 1818. Reed January 6 1S19. with a Copy of the Dft of his ["Constititt" stricken out] Constitutions proposed in the federal Convention. 312 We the People of the States of New Hampshire INIas- sachusetts Rhode Island & Providence Plantations — Con- uecticnt New York New Jersey Pennsylvania Delaware Marvland \'irgiuia North Caroline Sonth Carolina & Georgia do ordain, declare & establish the following Con- stitntion for the Government of Ourselves & Posterit}-. Article i : The Stile of This Government shall be The United States of America & The Government shall consist of supreme legislative Executive and judicial Powers — 2 o-^Z e -1 -1 ^ -< Z S ^ o c -'. n 15. S SO- The Legislative Power shall be vested in a Congress to 3 X 1 consist of Two separate Houses — One to be called The House f ■" of Delegates & the other the Senate who shall meet on the Day of in every Year 3 The members of the House of Delegates shall be chosen \ every Year bv the people of the several States & i ? i the qualifications of the electors shall be the same as those p = S- 1 1 of the Klectors in the se\-eral States for their legislatures — ' each inember shall have been a citizen of the United States for Years — shall i)e of Yea of age & a resident of tlic .State he is chosen for — until a census of the people sliall Ijc taken in the manner lierein aftermentioncd the go % House of Delegates shall consist of to l)e chosen ^ ^ ■^ . ti'' = £■1'^ from the different states in the following ])ro])ortions — i' ; ^ cv. the Legislature sliall hcrcrifler regulate the uuiubcr of 3 '^ delegates by the number of inliabitauts according to the Pro- 313 visions herein after made at the rale of one for cverj' thousand — all money bills of every kind shall orijifinale in the house of Delegates & shall not be altered l)y the vSenale — The Honse of Delegates shall exclusivelv possess the power of impeachment vv. shall ehoose it's own Officers & Vacancies therein shall be snpplied by the executive authority of the State in the representation from whicli ihev shall happen — The Senate shall be elected & chosen by the Honse of Delegates which house immediately after their meeting shall choose b}- ballot Senators from among the Citizens & residents of Xew Hampshire. from among those of Massachusetts. . from among those of Rhode Island from among those of Connecticut. from among those of New York. from among those of New Jersey from among those of Penns^'lvanie from among those of Delaware — from among those of Mary- land, from among those of Virginia from among those of North Caroline from among thasc of South Caroline & from among those of Georgia — The Senators chosen from New Hampshire Massachusetts Rhode Island & Connecticut shall form one class — those from New York New Jersej' Pennsylvanie & Delaware one Sodth Caroline class — & those from Maryland Virginie North Caroline & Georgia one clas.s — The House of Delegates shall number these Classes one two &. three & fix the times of their ser\'ice b}- Lot — the first Class shall ser\e for Years — the second for Years & the third for Year.s — as their Times of service expire the House of Delegates shall fill them up by Elections 314 for Years & they shall fill all Vacancies that arise from death or resignation for the Time of service remaining of the members so dj'ing or resigning — Each Senator shall be Years of age at leest — shall have been a Citizen of the United States ["at" with the numeral 4 superscribed] Years before his Election & shall be a resident of the state he is chosen from — — ■ The Senate shall choose it's own Officers Each State shall prescribe the time & manner of holding Elections b}- the People for the house of Delegates & the House of Delegates shall be the judges of the Elections returns & Qualifications of their members In each house a Majority shall constitute a Quorum to do business — Freedom of Speech & Debate in the legislature shall not be impeached or Questioned in an}- place out of it & the Members of both Houses shall in all cases except for Treason P'elou}- or breach of the Peace be free from arrest during their attendance at Congress & in going to cS: retiirn- iug from it — both houses shall keep journals of their Pro- ceedings is: publish them except on secret occasions (S: the yeas & nays may be entered thereon at the desire of one of the members present. Neither house without the consent of the other shall adjourn for more than days nor to any Place but where they are sitting t The members of each house shall not be eligible to or capable of holding any office under the Union dnriug the time for which they have been respectively elected nor the members of the Senate for one Year after — 315 The members of each house sluill be paid for iheir serv- ices by the State's which they represent — E)very bill which shall have passed the Letjislature shall be presented to the President of the United States for hi.s revision — if he approves it he shall sij^n it — but if he does not approve it he shall return it with his ol)jections to the house it orig-inated in, which house if two thirds of the mem- bers present, notwithstanding the Presidents objections agree to pass it, shall send it to the other house with the Presi- dents Objections, where if two thirds of the members present also agree to pass it, the same shall become a law — lS: all bills sent to the President & not returned bv him within daj-s shall be laws unless the Legislature by their adjourn- tlieir tlicy ment prevent ["it's" stricken tnit] return in which ease ["it" stricken out] shall not be laws The Legislature of the United States shall have the power to lay & collect Taxes Duties Imposts &. Excises To regulate Commerce with all nations & among the several states. — To borrow money & emit bills of Credit To establish Post Offices To raise armies To build & equip Fleets To pass laws for arming organizing & disciplining the Militia of the United States. — To subdue a rebellion in any state re.scril)cd by the legislature 317 No Tax shall be laid on articles exported from the vStates — nor eapitatiou tax but in proportion to the Census before directed All Laws regulating Coninicrce shall rr(|nire the assent of two thirds of the members present in each honsc — The United States shall not grant any title of Nobility The Legislature of the United States shall pass no Law on the subject of Religion, nor touching or abridging the Liberty of the Press nor shall the Privilege of the Writ of Habeas Corpus ever be suspended except in case of Rebel- lion or Invasion All acts made b}- the Legislature of the I'nited vStates pursuant to this Constitution ^ all Treaties made under the authority of the United States shall be the Supreme Law of the Land is: all Judges shall be bound to consider them as such in their decisions 7 The Senate shall have the sole & exclusive power to declare War & to make treaties & to appoint Ambassadors & other Ministers to Foreign nations & Judges of the Supreme Court They shall have the exclusive power to regulate the man- ner of deciding all disputes ["now" stricken out] il^ Con- troversies now subsisting or which ma}- arise between the States respecting Jurisdiction or Territory 8 The Executive Power of the United States shall be vested in a President of the United States of America which shall 3i8 be his stile & his title shall be His Excellency He shall be elected for Years & shall be reeligible He shall from time give information to the Legis- lature of the state of the Union & recommend to their consideration the measures he may think necessary — he shall take care that the laws of tlie United States be duly executed : he shall commission all the Officers of the other ministers United States & except as to Ambassadors , & Judges of tlie Supreme Court he shall nominate tS: with the con- sent of the Senate appoint all other Officers of the United States — He shall recieve public Ministers from foreign nations & may correspond with the Executives of the different states — He shall have power to grant pardons & reprieves except in impeachments — He shall be Com- mander in chief of the arnn- & navy of the United States & of the ^Militia of the several states & shall recieve a com- pensation which sliall not be increased or diminished dur- ing liis continuance in oifice — At Entering on the Duties of his office he shall take an Oath to faithfully execute the duties of a President of the United States — He shall be removed from his office on impeachment by the house of Delegates is: Conviction in the su])rcme Court of Treason bribery or Corruption — In case of his removal death resig- nation or disability The President of the Senate shall exercise tlie duties of liis office until another President be chosen — lV in case of the death of tlie President of the Senate the Speaker of tlie House of Delegates s shall do so — — 9 The Legislature of llu- Uniled States shall ha\e the Power iS: it shall be their duty to establish such Courts of 319 Law Equity ^ Adinirally us shall be necessary — the Judi;es of these Courts shall lu)lcl their Offices during;- good behaviour .S: recieve a compensation which shall not be in- creased or diminished during their continuance in office — One of these Courts shall be termed the Supreme Court whose Jurisdiction shall extend to all cases arising under the laws of the United States or aflectiug ambassadors other public Ministers & Consuls — To the trial of impeachments of Officers of the United States — To all cases of Admirallv &. maritime jurisdiction — In cases of impeachment afYecting Ambassadors & other public Ministers the Jurisdiction shall be original & in all the other cases appellate — All Criminal offenses (, except in cases of impeachment) shall be tried in the state where they shall be committed — the trial shall be open & public & be b}- Jury — lO people of Immediately after the first census of the. United States the House of Delegates shall apportion the Senate by electing for each State out of the Citizens resident therein One Sena- tor for every members such state shall have in the house of Delegates — Each State however shall be entitled to have at least one member in the Senate — — 1 1 & reprisal No State shall grant letters of marque or enter into treaty or alliance or confederation nor grant any title of nobility nor without the Consent of the Legislature of the United States la}' an^• impost on imports — nor keep Troops or Ships of War in Time of peace — nor enter into compacts with other states or foreign powers or emit bills of Credit or make any thing but Gold Silver or Copper a Tender in paj'ment of 320 debts nor engage in War except for self defence when actnally invaded or the danger of invasion is so great as not to admit a ofdekiv nntil the Government of the United States can be informed thereof — & to render these prohibitions eflfectnal the Legislature of the United States shall have the power to revise the laws of the several states that may be supposed to infringe the Powers exclusively delegated b}- the Con- to Congress stitution; & to negative & annul such as do 12 The Citizens of each state shall be entitled to all privileges & i nmunities of Citizens in the several states — Any person charged with Crimes in any State ["fl_y- flceiiig ing" stricken out] from Justice to another shall on demand of the Executive of the State from which he fled be delivered up (S: removed to the State liaving jurisdiction of the Offense — Full faitli shall l)e given in each State to the acts of the Legislature & to the records ii for the ["devtion" stricken out] of their lime lo llie pul)lic service; and to Ik- in-eligible to anv office established by a particular State, or under the authority of the I'niled States (except those peculiarlv l)elonging to the functions of the second Branch) during the term of service, and for the space of after the expiration thereof. 6 Resolved that each Branch aught to possess the right of originating acts, that the National Legislature ought to be empowed to enjoy, the Lci^islali7'r rij^/i/s 7'cs/rd in Congress. by the Confederation, and moreover to Legislate in all cases to which the Separate States are incompetent; or in which the harmony of the United States may be interrupted, by the ex- ercise of individual Legislation — to negati\e all Laws passed by the several States, contravening, in the opinion of the National Legislature, The articles of Union ; or any Treaty subsisting under the Authority of the L'nion — and to call forth the force of the Union, against anj' Member of the Union, failing to fulfil its duties under the articles thereof a 7th Resolved that ["the" stricken out] national Executive be iiisti [" consti " stricken out] tuted to consist of a siuirlc person, with powers to carry into execution the National Laws, and to ap- point to Offices, in cases not otherwise provided for, to be chosen by the National Legislature, for the term of seven years — to receive punctuall}' at stated times a fixed Compen- sation, for the services rendered, in which no increase or diminution shall be made, so as to affect the Magistracy 334 existing at the time of such increase or diminution, and to be in-eligible a second time. 8"' Resolved that the Executive and a convenient number of the National Judiciary ought to compose a Council of revision, \vitli authoritv to examine ever}- act of the National Legisla- ture, before it shall operate, and ever}- act of a particular Legislature before a negative thereon shall be final ; and that the dissent of the said council shall amount to a rejection, unless the act of the National Legislature, be again passed, or that of a particular Legislature be again negatived by of the Members of each Branch. 9 Resolved that a N^ational Jjidiciarr be established to Con- sist of one Supreme Tribunal, to hold their Offices during good behavior, and to receive punctuall}' at stated times fixed compensation for their services, in which no increase or dimi- nution shall be made, so as to affect the persons actually in office at the time of such increase or diminution. That the jurisdiction of the inferior Tribunals, shall be to hear and determine in the first instance, and of the Supreme Tribunal to hear (S: determine in the dernier resort; all pira- cies and felonies on the high Seas, Captures from an Enemy; cases in which Foreigners, or Citizens of other States apply- ing to sucli jurisdictions, may be interested, or which respect the collection of the national Revenue, Impeachment of any national officer and questions whicli may involve, the National peace and harmony. to 10 Resolved tliat ])rovision ought be made for the odniis- agreci sioii of Siti/cs, Lawfully arising within the limits of the United States whether fmm a voluntary junction of Government and Territory or otherwi.se, with tlie Con.seiit of a unml)er of Voices in the National Legislatures less tlian the wliole. 335 11 Resolved that a repuhlican Government of each State agreed (except in the X'oluntary junction of Government cv. Terri- tory) ought to be garranteed b}- tlie United States to each State. I.. 12 Resolved that provision ought be made for the Continu- agreeii aucc of a Cougrcss aud their authorities, and privileges, (iiitii ["untill" stricken out] a given day, after the reform of the Articles of the Union shall be adopted, and for the Completion of all their engagements. 13 That provision ought to be made for the amendment of agreed tlic Articlcs of the Uuiou, whensoever it shall seem necessary (and that the assent of the National Legislature, ought to be required thereto) 14 Resolved that the Legislative, Executive and judicial agreed powcrs of tlic scvcral States, ought to be bound b}- oath to support the Articles of Union. 15 Resolved that the amendments which shall be ofTered to postponed, the Confederation, bj- the Convention, ought at a proper time, or times, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the people to consider and decide thereon. [indorsement.] D Resolutions preparatory to the formation of the Constitution recommended 17 Sep' 1787 E Report of the Grand Committee July 5, 1787 The Committee to whom were refered the eighth Resolu- tion reported from the Committee of the whole House, and so much of the 7th as hath not been decided on, submit the following Report That the subsequent propositions be recommended to the Convention, on condition that both shall be generally adopted ["of" stricken otit] I That in the first Branch of the Legislature each of the States, now in the Union, be allowed one Member for e\ery Forty Thousand Inhabitants, of the description reported in the seventh resolution of the Committee of the whole House — That each vState not containing that number shall be allowed one Member. That all Bills for raising and appropriating Money and for fixing the Salaries of the Officers of the Government of the United States, shall originate in the first Branch of the Legis- lature, and shall not be altered or amended by the second 110 Branch: and that noney shall l)e drawn from tlic ])ul)lick Treasury, but in pursuance of api)roi)riations, to be originated by the first Branch nxrccd 2'"' That in the second Branch of the Legislature each vState 6 ny. 3. 110 " ^ 2 -. m n3 ^ S 1- 'a o -4-t o T3 PI a m o > o O .5 be S o 3^' T3 '*-' C C v- C rt O CL) *-" Oh rt _ .2 — ■ *-* P 5 o I— ( < be < C3 O •c (LI V3 +-> T3 o o o (U < <; 'C o rt •" 1 p 4-' '^ ' i 1 ^ rC O w o 4_j rt +-> (L* > ° Q -^ (/: c^r 5 oj > B O t/f ■l-H bJ5 (U u be c (U Pi Jig S2 rt -5 s t-^ HH ir. O J i-i o 1— ( jf — 1 .S'-' -M c ci S o! _(fl a; = tC 'S ^ ^ a = In s ,— < *-*-. "Is (u o o *— 1 UJ _aj I— J C/3 , — 1 OS ;^ 'S - ^ ,15 en a o O o be (U (U _C a> '■M t/; t-^ r-" 1^ t« ^ 'S »^— ' ^ Vh u o O ^ 'So f3 rt 1 — 1 O s. ^ rt 1 — 1 O 3 ,j3 H 'y ^ 03 ^ 3 S^ 339 V it: v. c (J u Oh c ID tn O •-< on' -n ■: 4-t g r2 r-t 13 en 1 p. 'rt c 1 — 1 4-) 3 f—
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