The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 53

M^r Sherman was in favor of M^r King's idea of submitting the plan generally to Congress. He thought nine States ought to be made sufficient: but that it would be best to make it a separate act and in some such form as that intimated by Col: Hamilton, than to make it a particular article of the Const.i.tution.

On the question for reconsidering the two articles, XXI & XXII--

N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay.

V^a ay. N. C. ay. S. C. no. Geo. ay.

M^r Hamilton then moved to postpone art XXI in order to take up the following, containing the ideas he had above expressed, viz

Resolved that the foregoing plan of a Const.i.tution be transmitted to the U. S. in Congress a.s.sembled, in order that if the same shall be agreed to by them, it may be communicated to the Legislatures of the several States, to the end that they may provide for its final ratification by referring the same to the Consideration of a Convention of Deputies in each State to be chosen by the people thereof, and that it be recommended to the said Legislatures in their respective acts for organizing such convention to declare, that if the said Convention shall approve of the said Const.i.tution, such approbation shall be binding and conclusive upon the State, and further that if the said Convention should be of opinion that the same upon the a.s.sent of any nine States thereto, ought to take effect between the States so a.s.senting, such opinion shall thereupon be also binding upon such a State, and the said Const.i.tution shall take effect between the States a.s.senting thereto.

M^r Gerry 2^{ded} the motion.

M^r Wilson. This motion being seconded, it is necessary now to speak freely. He expressed in strong terms his disapprobation of the expedient proposed, particularly the suspending the plan of the Convention on the approbation of Congress. He declared it to be worse than folly to rely on the concurrence of the Rhode Island members of Cong^s in the plan.

Maryland has voted on this floor; for requiring the unanimous a.s.sent of the 13 States to the proposed change in the federal System. N. York has not been represented for a long time past in the Convention. Many individual deputies from other States have spoken much against the plan.

Under these circ.u.mstances can it be safe to make the a.s.sent of Congress necessary. After spending four or five months in the laborious & arduous task of forming a Government for our Country, we are ourselves at the close throwing insuperable obstacles in the way of its success.

M^r Clymer thought that the mode proposed by M^r Hamilton would fetter & embarra.s.s Cong^s as much as the original one, since it equally involved a breach of the articles of Confederation.

M^r King concurred with M^r Clymer. If Congress can accede to one mode, they can to the other. If the approbation of Congress be made necessary, and they should not approve, the State Legislatures will not propose the plan to Conventions; or if the States themselves are to provide that nine States shall suffice to establish the System, that provision will be omitted, every thing will go into confusion, and all our labor be lost.

M^r Rutlidge viewed the matter in the same light with M^r King.

On the question to postpone in order to take up Col: Hamilton's motion

N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del. no. M^d no.

V^a no. N. C. no. S. C. no. Geo. no.

A Question being then taken on the article XXI. It was agreed to unanimously.

Col: Hamilton withdrew the remainder of the motion to postpone art.

XXII, observing that his purpose was defeated by the vote just given.

M^r Williamson & M^r Gerry moved to re-instate the words "for the approbation of Congress" in Art: XXII. which was disagreed to nem: con:

M^r Randolph took this opportunity to state his objections to the System. They turned on the Senate's being made the Court of Impeachment for trying the Executive--on the necessity of 3/4 instead of 2/3 of each house to overrule the negative of the President--on the smallness of the number of the Representative branch,--on the want of limitation to a standing army--on the general clause concerning necessary and proper laws--on the want of some particular restraint on navigation acts--on the power to lay duties on exports--on the authority of the General Legislature to interpose on the application of the _Executives_ of the States--on the want of a more definite boundary between the General & State Legislatures--and between the General and State Judiciaries--on the unqualified power of the President to pardon treasons--on the want of some limit to the power of the Legislature in regulating their own compensations. With these difficulties in his mind, what course he asked was he to pursue? Was he to promote the establishment of a plan which he verily believed would end in Tyranny? He was unwilling he said to impede the wishes and Judgment of the Convention, but he must keep himself free, in case he should be honored with a seat in the Convention of his State, to act according to the dictates of his judgment. The only mode in which his embarra.s.sments could be removed, was that of submitting the plan to Cong^s to go from them to the State Legislatures, and from these to State Conventions having power to adopt reject or amend; the process to close with another General Convention with full power to adopt or reject the alterations proposed by the State Conventions, and to establish finally the Government. He accordingly proposed a Resolution to this effect.

Doc^r Franklin 2^{ded} the motion.

Col: Mason urged & obtained that the motion should lie on the table for a day or two to see what steps might be taken with regard to the parts of the system objected to by M^r Randolph.

M^r Pinkney moved "that it be an instruction to the Committee for revising the stile and arrangement of the articles agreed on, to prepare an address to the people, to accompany the present Const.i.tution, and to be laid with the same before the U. States in Congress."

[67]The motion itself was referred to the Committee nem: con:

[67]M^r Randolph moved to refer to the Committee also a motion relating to pardons in cases of Treason--which was agreed to nem: con:

[67] These motions are not entered in the printed Journal.--Madison's Note.

Adjourned.

TUESDAY SEP^R 11. 1787. IN CONVENTION

The Report of the Committee of stile & arrangement not being made & being waited for,

The House Adjourned.

WEDNESDAY SEP^R 12. 1787. IN CONVENTION

Doc^r Johnson from the Committee of stile &c. reported a digest of the plan, of which printed copies were ordered to be furnished to the members. He also reported a letter to accompany the plan, to Congress.[68]

[68] A note by Madison in the text says: "(here insert a transcript of the former from the annexed sheet as _printed_ and of the latter from the draft as finally agreed to,)" and his footnote says: "This is a literal copy of the printed Report. The Copy in the printed Journal contains some of the alterations subsequently made in the House." No transcript of the report was, however, made by Madison, but the printed copy is among his papers. It is a large folio of four pages printed on one side of each page, and is accurately reproduced here. Madison's copy is marked by him: "as reported by Com^e of revision, or stile and arrangement Sep^r 12." The report is, in fact, correctly printed in the _Journal of the Federal Convention_, 351, _et seq._, Madison's statement to the contrary being an error. General Bloomfield furnished Brearley's copy to John Quincy Adams, and he printed it without the alterations and amendments which Brearley had made. The extent of Brearley's alterations and amendments may be seen in the copy printed in the _Doc.u.mentary History of the Const.i.tution_, i., 362, _et seq._

WE, THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM a more perfect union, to establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Const.i.tution for the United States of America.

ARTICLE I.

_Sect._ 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

_Sect._ 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to servitude for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every forty thousand, but each state shall have at least one representative: and until such enumeration shall be made, the state of New-Hamps.h.i.+re shall be ent.i.tled to chuse three, Ma.s.sachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York, six, New-Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North-Carolina five, South-Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the Executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their Speaker and other officers; and they shall have the sole power of impeachment.

_Sect._ 3. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years: and each senator shall have one vote.

Immediately after they shall be a.s.sembled in consequence of the first election, they shall be divided[69] as equally as may be into three cla.s.ses. The seats of the senators of the first cla.s.s shall be vacated at the expiration of the second year, of the second cla.s.s at the expiration of the fourth year, and of the third cla.s.s at the expiration of the sixth year, so that one-third may be chosen every second year: and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any state, the Executive thereof may make temporary appointments until the next meeting of the Legislature.

[69] The words, "by lot," were not in the Report as printed; but were inserted in ma.n.u.script, as a typographical error, departing from the text of the Report referred to the Committee of style & arrangement.--Marginal note by Madison.

No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The Vice-President of the United States shall be, ex officio,[70] President of the senate, but shall have no vote, unless they be equally divided.

[70] Ex officio struck out in Madison's copy.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments.