The Journal of the Debates in the Convention which framed the Constitution of USA Volume I Part 5

The Legislature of the United States shall have the Power and it shall be their duty to establish such Courts of Law Equity & Admiralty as shall be necessary--The Judges of the Courts shall hold their offices during good behaviour & receive a compensation, which shall not be increased or diminished during their continuance in office--One of these Courts shall be termed the Supreme Court whose jurisdiction shall extend to all cases arising under the laws of the United States or affecting amba.s.sadors other public Ministers & Consuls--to the trial of impeachment of officers of the United States--to all cases of Admiralty & maritime jurisdiction--In cases of impeachment affecting amba.s.sadors and other public Ministers this Jurisdiction shall be original & in all other cases appellate----

All criminal offences (except in cases of impeachment) shall be tried in the State where they shall be committed--the trials shall be open & public & shall be by Jury.

10

Immediately after the first census of the people of the United States the House of Delegates shall apportion the Senate by electing for each State out of the citizens resident therein one Senator for every ---- members each State shall have in the House of Delegates--Each State shall be ent.i.tled to have at least one member in the Senate.

11

No State shall grant letters of marque & reprisal or enter into treaty or alliance or confederation nor grant any t.i.tle of n.o.bility nor without the Consent of the Legislature of the United States lay any impost on imports--nor keep troops or s.h.i.+ps of War in time of peace--nor enter into compacts with other States or foreign powers or emit bills of Credit or make any thing but Gold Silver or Copper a tender in payment of debts nor engage in War except for self defence when actually invaded or the danger of invasion be so great as not to admit of a delay until the Government of the United States can be informed thereof--& to render these prohibitions effectual 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 by this Const.i.tution to Congress & to negative & annul such as do.

12

The Citizens of each State shall be ent.i.tled to all privileges & immunities of Citizens in the several States--Any person charged with Crimes in any State fleeing from justice to another shall on demand of the Executive of the State from which he fled be delivered up & removed to the State having jurisdiction of the offence.

13

Full faith shall be given in each State to the acts of the Legislature & to the records & judicial Proceedings of the Courts & magistrates of every State.

14

The Legislature shall have power to admit new States into the Union on the same terms with the original States provided two thirds of the members present in both Houses agree.

15

On the application of the legislature of a State the United States shall protect it against domestic insurrection.

16

If two thirds of the Legislatures of the States apply for the same the Legislature of the United States shall call a Convention for the purpose of amending the Const.i.tution--or should Congress, with the Consent of two thirds of each house, propose to the States amendments to the same--the agreement of two thirds of the Legislatures of the States shall be sufficient to make the said amendments parts of the Const.i.tution.

The Ratification of the conventions of ---- States shall be sufficient for organizing this Const.i.tution.[34]

[34] "... What will be the result of their meeting I cannot with any certainty determine, but I hardly think much good can come of it; the people of America don't appear to me to be ripe for any great innovations & it seems they are ultimately to ratify or reject: the weight of Gen^l Was.h.i.+ngton as you justly observe is very great in America, but I hardly think it is sufficient to induce the people to pay money or part with power.

"The delegates from the Eastw^d are for a very strong government, & wish to prostrate all y^e State legislatures, & form a general system out of y^e whole; but I don't learn that the people are with them, on y^e contrary in Ma.s.sachusetts they think that government too strong, & are about rebelling again, for the purpose of making it more democratical: In Connecticut they have rejected the requisition for y^e present year decidedly, & no Man there would be elected to the office of a constable if he was to declare that he meant to pay a copper towards the domestic debt:--R. Island has refused to send members--the cry there is for a good government after they have paid their debts in depreciated paper:--first demolish the Philistines (i. e.

their creditors) then for _propiety_.

"N. Hamps.h.i.+re has not paid a s.h.i.+lling, since peace, & does not ever mean to pay on to all eternity:--if it was attempted to tax the people for y^e domestic debt 500 Shays would arise in a fortnight.--In N. York they pay well because they can do it by plundering N. Jersey & Connecticut.--Jersey will go great lengths from motives of revenge and Interest: Pensylvany will join provided you let the sessions of the Executive of America be fixed in Philad^a & give her other advantages in trade to compensate for the loss of State power. I shall make no observations on the Southern States, but I think they will be (perhaps from different motives) as little disposed to part with efficient power as any in the Union...."--William Grayson to James Monroe, New York, May 29, 1787. _Monroe MSS._

Adjourned.

WEDNESDAY MAY 30.

Roger Sherman (from Connecticut) took his seat.

The House went into Committee of the Whole on the State of the Union.

M^r Gorham was elected to the Chair by Ballot.

The propositions of M^r Randolph which had been referred to the Co[~m]ittee being taken up. He moved on the suggestion of M^r G. Morris, that the first of his propositions to wit "Resolved that the articles of Confederation ought to be so corrected & enlarged, as to accomplish the objects proposed by their inst.i.tution; namely, common defence, security of liberty, and general welfare,--should be postponed, in order to consider the 3 following:

1. that a union of the States merely federal will not accomplish the objects proposed by the articles of Confederation, namely common defence, security of liberty, & gen^l welfare.

2. that no treaty or treaties among the whole or part of the States, as individual Sovereignties, would be sufficient.

3. that a _national_ Government ought to be established consisting of a _supreme_ Legislative, Executive & Judiciary.

The motion for postponing was seconded by M^r Gov^r Morris and unanimously agreed to.

Some verbal criticisms were raised ag^{st} the first proposition, and it was agreed on motion of M^r Butler seconded by M^r Randolph, to pa.s.s on to the third, which underwent a discussion, less however on its general merits than on the force and extent of the particular terms _national & supreme_.

M^r Charles Pinkney wished to know of M^r Randolph, whether he meant to abolish the State Govern^{ts} altogether. M^r R. replied that he meant by these general propositions merely to introduce the particular ones which explained the outlines of the system he had in view.

M^r Butler said he had not made up his mind on the subject, and was open to the light which discussion might throw on it. After some general observations he concluded with saying that he had opposed the grant of powers to Cong^s heretofore, because the whole power was vested in one body. The proposed distribution of the powers into different bodies changed the case, and would induce him to go great lengths.

Gen^l Pinkney[35] expressed a doubt whether the act of Cong^s reco[~m]ending the Convention, or the Commissions of the Deputies to it, could authorize a discussion of a system founded on different principles from the federal Const.i.tution.

[35] "M^r Ch^s Cotesworth Pinckney is a Gentleman of Family and fortune in his own State. He has received the advantage of a liberal education, and possesses a very extensive degree of legal knowledge. When warm in a debate he sometimes speaks well,--but he is generally considered an indifferent Orator.

Mr. Pinckney was an Officer of high rank in the American Army, and served with great reputation through the War. He is now about 40 years of age."--Pierce's Notes, _Am. Hist.

Rev._, iii., 333.

M^r Gerry[36] seemed to entertain the same doubt.

[36] "M. Gerry's character is marked for integrity and perseverance. He is a hesitating and laborious speaker;--possesses a great degree of confidence and goes extensively into all subjects that he speaks on, without respect to elegance or flower of diction. He is connected and sometimes clear in his arguments, conceives well, and cherishes as his first virtue, a love for his Country. Mr.

Gerry is very much of a Gentleman in his principles and manners;--he has been engaged in the mercantile line and is a Man of property. He is about 37 years of age."--Pierce's Notes, _Am. Hist. Rev._, iii., 325.

M^r Gov^r Morris explained the distinction between a _federal_ and _national_, _supreme_, Gov^t; the former being a mere compact resting on the good faith of the parties; the latter having a compleat and _compulsive_ operation. He contended that in all Communities there must be one supreme power, and one only.

M^r Mason observed that the present confederation was not only deficient in not providing for coercion & punishment ag^{st} delinquent States; but argued very cogently that punishment could not in the nature of things be executed on the States collectively, and therefore that such a Gov^t was necessary as could directly operate on individuals, and would punish those only whose guilt required it.

M^r Sherman[37] who took his seat today, admitted that the Confederation had not given sufficient power to Cong^s and that additional powers were necessary; particularly that of raising money which he said would involve many other powers. He admitted also that the General & particular jurisdictions ought in no case to be concurrent. He seemed however not to be disposed to make too great inroads on the existing system; intimating as one reason, that it would be wrong to lose every amendment, by inserting such as would not be agreed to by the States.

[37] "M^r Sherman exhibits the oddest shaped character I ever remember to have met with. He is awkward, un-meaning, and unaccountably strange in his manner. But in his train of thinking there is something regular, deep, and comprehensive; yet the oddity of his address, the vulgarisms that accompany his public speaking, and that strange new England cant which runs through his public as well as his private speaking make everything that is connected with him grotesque and laughable;--and yet he deserves infinite praise,--no Man has a better Heart or a clearer Head. If he cannot embellish he can furnish thoughts that are wise and useful. He is an able politician and extremely artful in accomplis.h.i.+ng any particular object;--it is remarked that he seldom fails. I am told he sits on the Bench in Connecticut, and is very correct in the discharge of his Judicial functions. In the early part of his life he was a Shoe-maker;--but despising the lowness of his condition, he turned Almanack maker, and so progressed upwards to a Judge.

He has been several years a Member of Congress, and discharged the duties of his Office with honor and credit to himself, and advantage to the State he represented. He is about 60."--Pierce's Notes, _Am. Hist. Rev._, iii., 326.

It was moved by M^r Read,[38] 2^{ded} by M^r Ch^s Cotesworth Pinkney, to postpone the 3^d proposition last offered by M^r Randolph viz that a national Government ought to be established consisting of a supreme Legislative Executive and Judiciary, in order to take up the following,--viz. "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, Executive and Judiciary, ought to be established." The motion to postpone for this purpose was lost:

Yeas. Ma.s.sachusetts, Connecticut, Delaware, S. Carolina--4.

Nays. N. Y. Pennsylvania, Virginia, North Carolina--4.

[38] "M^r Read is a Lawyer and a Judge;--his legal abilities are said to be very great, but his powers of Oratory are fatiguing and tiresome to the last degree;--his voice is feeble and his articulation so bad that few can have patience to attend to him. He is a very good Man, and bears an amiable character with those who know him. Mr. Read is about 50, of a low stature, and a weak const.i.tution."--Pierce's Notes, _Id._, iii., 330.

On the question as moved by M^r Butler, on the third proposition it was resolved in Committee of whole that a national govern^t ought to be established consisting of a supreme Legislative Executive & Judiciary,--Ma.s.s^{ts} being ay.--Connect.--no. N. York divided (Col.

Hamilton ay. M^r Yates no.) Pen^a ay. Delaware ay. Virg^a ay. N. C. ay.

S. C. ay.