Each State shall appoint, in such manner as it’s legislature may direct, a number of Electors equal to the whole number of Senators and Members of the House of representatives to which the State may be entitled in the Legislature.

“But no Person shall be appointed an Elector who is a member of the Legislature of the United States, or who holds any office of profit or trust under the United States.

The Electors shall meet in their respective States and “vote by ballot for two Persons of whom one at least shall not be an inhabitant of the same State with themselves. — and they shall make a list of all the Persons voted for, and of the number of votes for each, which list they shall sign

D ETAIL OF A YES AND N OES
New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia No Carolina So Carolina Georgia Questions ayes noes divided
[453] aye no no no no no no aye aye no no To insert the word “seven” instead of “four” 3 8
[454] no no no no no no no no aye aye no To insert the word “six” instead of four. 2 9
[455] aye aye aye aye aye aye aye aye no aye aye To agree to the word “four” 10 1
[456] aye aye aye aye aye aye aye aye no aye aye To agree to the clause respectg Presidt V. Presidt 10 1
[457] aye aye aye aye aye aye aye aye no no aye To agree to the appointment of Electors.” 9 2
[458] no no no no no no no no aye no no That the Electors meet at ye seat of the genl Govt 1 10
[459] aye aye aye aye aye aye aye aye no aye aye To agree to 10 1
[460] dd no no aye aye aye aye aye aye aye aye The person having the greatest number of votes shall be Presidt 8 2 1
[461] aye aye aye aye no aye aye no no aye aye Provided that number be a Majority of the 8 3
[462] no aye no no aye no no aye aye aye no and who shall have given their votes Ⅾ
[463] aye aye aye aye aye aye aye aye no aye aye 10 1
[464] aye no no no no aye aye aye aye aye and that not less than ⅔ of the whole number of Senators be present. — (In Ⅾ presence of the S Ho of representatives.)
[465] aye aye aye aye aye no aye aye aye aye aye House of representatives shall chuse by ballot the President, the Members Ⅾ from each State having one vote 10 1
[466] aye aye aye aye aye aye aye aye no aye aye and in every case after the choice of the Presidt the Person having the greatest number of votes 10 1
[467] aye aye aye aye aye aye aye aye aye aye aye Ⅾ to insert the words “of the Electors” after the last clause 11
[468] aye no aye no aye no aye aye aye aye aye Ⅾ The election shall be on the same day throughout the United States. 8 3
[469] aye aye aye no aye no no aye aye aye aye Ho of representatives. to elect 8 3
[470] aye aye aye no aye aye aye aye no aye aye To insert the word “immediately” after the word “shall elect 9 2
[471] Unanimous But a quorum for this purpose shall consist of a Member or Members from ⅔rds of ye States.
[472] no aye aye no aye no no aye aye no no and also a majority of the whole number of the House of representatives. 5 6

and certify, and transmit sealed to the seat of the general Government, directed to the President of the Senate.

“The President of the Senate shall in the presence of the Senate and House of representatives open all the certificates and the votes shall then be counted.

The Person having the greatest number of votes shall be “the President (if such number be a majority of the whole number of the Electors appointed) and if there be more than one who have such majority, and have an equal number of votes, then the House of representatives shall immediately choose by ballot one of them for President, the representation from each State having one vote — But if no Person have a majority, then from the five highest on the list, the House of representatives shall, in like manner, choose by ballot the President — In the choice of a President by the House of representatives a quorum shall consist of a Member or Members from two thirds of the States. and the concurrence of a majority of all the States, shall be necessary to such choice. — and, in every case after the choice of the President, the Person having the greatest number of votes of the Electors shall be the vice-President: But, if there should remain two or more who have equal votes, the Senate shall choose from them the Vice President” The Legislature may determine the time of chusing the Electors and of their giving their votes: and the manner of certifying and transmitting their votes — But the election shall be on the same day throughout the United States”

MADISON
Thursday Sepr. 6. 1787 — In Convention

Mr. King and Mr. Gerry moved to insert in the (5) clause of the Report (see Sepr 4) after the words “may be entitled in the Legislature” the words following — “But no person shall be appointed an elector who is a member of the Legislature of the U. S. or who holds any office of profit or trust under the U. S.” which passed nem: con:

Mr. Gerry proposed, as the President was to be elected by the Senate out of the five highest candidates, that if he should not at the end of his term be re-elected by a majority of the Electors, and no other candidate should have a majority, the eventual election should be made by the Legislature — This he said would relieve the President from his particular dependence on the Senate for his continuance in office.

Mr. King liked the idea, as calculated to satisfy particular members promote unanimity; as likely to operate but seldom.

Mr Read opposed it, remarking that if individual members were to be indulged, alterations would be necessary to satisfy most of them—

Mr Williamson espoused it as a reasonable precaution against the undue influence of the Senate.

Mr Sherman liked the arrangement as it stood, though he should not be averse to some amendments. He thought he said that if the Legislature were to have the eventual appointment instead of the Senate, it ought to vote in the case by States, in favor of the snall States, as the large States would have so great an advantage in nominating the candidates—

Mr. Govr Morris thought favorably of Mr. Gerry’s proposition. It would free the President from being tempted in naming to Offices. to Conform to the will of the Senate, thereby virtually give the appointments to office, to the Senate.

Mr Wilson said that he had weighed carefully the report of the Committee for remodelling the constitution of the Executive; and on combining it with other parts of the plan, he was obliged to consider the whole as having a dangerous tendency to aristocracy; as throwing a dangerous power into the hands of the Senate, They will have in fact, the appointment of the President, and through his dependence on them, the virtual appointment to offices; among others the offices of the Judiciary Department. They are to make Treaties; and they are to try all impeachments. In allowing them thus to make the Executive Judiciary appointments, to be the Court of impeachments, and to make Treaties which are to be laws of the land, the Legislative, Executive Judiciary powers are all blended in one branch of the Government. The power of making Treaties involves the case of subsidies, and here as an additional evil, foreign influence is to be dreaded—According to the plan as it now stands, the President will not be the man of the people as he ought to be, but the Minion of the Senate. He cannot even appoint a tide-waiter without the Senate— He had always thought the Senate too numerous a body for making appointments to office. The Senate, will moreover in all probability be in constant Session. They will have high salaries. And with all those powers, and the President in their interest, they will depress the other branch of the Legislature, and aggrandize themselves in proportion. Add to all this, that the Senate sitting in Conclave, can by holding up to their respective States various and improbable candidates, contrive so to scatter their votes, as to bring the appointment of the President ultimately before themselves— Upon the whole, he thought the new mode of appointing the President, with some amendments, a valuable improvement; but he could never agree to purchase it at the price of the ensuing parts of the Report, nor befriend a system of Which they make a part— 17

Mr. Govr. Morris expressed his wonder at the observations of Mr. Wilson so far as they preferred the plan in the printed Report to the new modification of it before the House, and entered into a comparative view of the two, with an eye to the nature of Mr. Wilsons objections to the last. By the first the Senate he observed had a voice in appointing the President out of all the Citizens of the U. S. — by this they were limited to five candidates previously nominated to them, with a probability of being barred altogether by the successful ballot of the Electors. Here surely was no increase of power. They are now to appoint Judges nominated to them by the President. Before they had the appointment without any agency whatever of the President. Here again was surely no additional power. If they are to make Treaties as the plan now stands, the power was the same in the printed plan— If they are to try impeachments, the Judges must have been triable by them before. Wherein then lay the dangerous tendency of the innovations to establish an aristocracy in the Senate? As to the appointment of officers, the weight of sentiment in the House, was opposed to the exercise of it by the President alone; though it was not the case with himself — If the Senate would act as was suspected, in misleading the States into a fallacious disposition of their votes for a President, they would, if the appointment were withdrawn wholly from them, make such representations in their several States where they have influence, as would favor the object of their partiality.

Mr. Williamson. 〈replying to Mr. Morris: observed that〉 18 The aristocratic complexion proceeds from the change in the mode of appointing the President which makes him dependent on the Senate.

Mr. Clymer 19 said that the aristocratic part to which he could never accede was that in the printed plan, which gave the Senate the power of appointing to Offices.

Mr. Hamilton said that he had been restrained from entering into the discussions by his dislike of the Scheme of Govt in General; but as he meant to support the plan to be recommended, as better than nothing, he wished in this place to offer a few remarks. He liked the new modification, on the whole, better than that in the printed Report. In this the President was a Monster elected for seven years, and ineligible afterwards; having great powers, in appointments to office, continually tempted by this constitutional disqualification to abuse them in order to subvert the Government — Although he should be made re-eligible, Still if appointed by the Legislature, he would be tempted to make use of corrupt influence to be continued in office — It seemed peculiarly desirable therefore that Some other mode of election should be devised. Considering the different views of different States, the different districts Northern Middle Southern, he concurred with those who thought that the votes would not be concentered, and that the appointment would consequently in the present mode devolve on the Senate. The nomination to offices will give great weight to the President — Here then is a mutual connection influence, that will perpetuate the President, and aggrandize both him the Senate. What is to be the remedy? He saw none better than to let the highest number of ballots, whether a majority or not, appoint the President. What was the objection to this? Merely that too small a number might appoint. But as the plan stands, the Senate may take the candidate having the smallest number of votes, and make him President.

Mr. Spaight Mr. Williamson moved to insert “seven” instead of “four” years for the term of the President — *

On this motion

N. H. ay. Mas. no. Ct. no— N. J. no— Pa no. Del— no. Md. no. Va. ay. N. C— ay. S. C. no. Geo— no. [Ayes — 3; noes — 8.]

Mr. Spaight Mr. Williamson then moved to insert “six” instead of “four”. On which motion

N. H. no. Mas. no. Ct no. N. J. no. Pa. no. Del. no. Md. no. Va. no, N. C— ay. S. C. ay— Geo. no [Ayes — 2; noes — 9.]

On the term “four” all the States were ay, except N. Carolina, no.

On the question 〈(Clause 4. in the Report)〉 for Appointing President by electors — down to the words, — “entitled in the Legislature” inclusive. ”See

N. H— ay— Mas: ay. 〈Cont: ay〉 20 N. J. ay— Pa. ay. Del— ay. Md ay, Va ay. N. C. no— S— C— no— Geo— ay. [Ayes — 9; noes — 2.]

〈It was moved that the Electors meet at the seat of the Genl. Govt. which passed in the Negative. N. C. only being ay.〉 21

It was moved to insert the words “under the seal of the State” after the word “transmit” 〈in 4th clause of the Report〉 which was disagreed to; as was another motion to insert the words “and who shall have given their votes” after the word “appointed” 〈in the 4th Clause of the Report〉 as added yesterday on motion of Mr. Dickinson.

On several motions. the words “in presence of the Senate and House of Representatives” were inserted after the word “Counted” and the word “immediately” before the word “choose”; and the words “of the Electors” after the word “votes”.

Mr. Spaight said if the election by Electors is to be crammed down, he would prefer their meeting altogether and deciding finally without any reference to the Senate and moved “That the Electors meet at the seat of the General Government—”

Mr Williamson 2ded. the motion, on which all the States were in the negative except N: Carolina.

On motion the words “But the election shall be on the same day throughout the U— S—” were added after the words “transmitting their votes.” N. H. ay. Mas. no. Ct. ay. N. J. no. Pa. ay. Del. no. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay [Ayes — 8; noes — 3.] 22

On a question on the sentence in clause (4). “if such number be a majority of that of the electors” 〈appointed.”〉

N— H— ay— Mas. ay. Ct ay. N. J. ay— Pa no— Del— ay. Md. ay. Va no— N. C. no. S— C. ay Geo. ay. [Ayes — 8; noes — 3.]

On a question on the clause referring the eventual appointment of the President to the Senate

N— H— ay. Mas. ay. Ct. ay. N. J. ay. Pa ay. Del— ay— Va ay. N. C. no Here the call ceased.

Mr Madison made a motion requiring ⅔ at least of the Senate to be present at the choice of a President— Mr. Pinkney 2ded, the motion

Mr. Gorham thought it a wrong principle to require more than a majority in any case. In the present case it might prevent for a long time any choice of a President On the question moved by Mr M— Mr. P.

N. H. ay: Mas. abst Ct. no. N. J. no. Pa. no. Del. no. Md. ay. Va. ay. N— C. ay. S— C. ay. Geo. ay [Ayes — 6; noes — 4; absent — 1.]

Mr. Williamson suggested as better than an eventual choice by the Senate, that this choice should be made by the Legislature, voting by States and not per capita.

Mr. Sherman suggested the House of Reps. as preferable to “the Legislature”, and moved, accordingly,

To strike out the words “The Senate shall immediately choose c.” and insert “The House of Representatives shall immediately choose by ballot one of them for President, the members from each State having one vote.”

Col: Mason liked the latter mode best as lessening the aristocratic influence of the Senate.

On the motion of Mr. Sherman

N. H. ay. Mas. ay— Ct. ay— N. J. ay. Pa ay. Del. no. Md. ay. Va ay. N— C. ay— S— C. ay. Geo. ay, [Ayes — 10; noes — 1.]

Mr. Govr Morris suggested the idea of providing that in all cases, the President in office, should not be one of the five Candidates; but be only re-eligible in case a majority of the electors should vote for him— (This was another expedient for rendering the President independent of the Legislative body for his continuance in office)

Mr. Madison remarked that as a majority of members wd. make a quorum in the H— of Reps. it would follow from the amendment of Mr Sherman giving the election to a majority of States, that the President might be elected by two States only, Virga. Pena. which have 18 members, if these States alone should be present

On a motion that the eventual election of Presidt. in case of an equality of the votes of the electors be referred to the House of Reps.

N. H. ay. Mas. ay. N. J. no. Pa. ay. Del. no. Md. no. Va. ay. N— C. ay. S. C. ay— Geo— ay, [Ayes — 8; noes — 3.]

Mr. King moved to add to the amendment of Mr. Sherman “But a quorum for this purpose shall consist of a member or members from two thirds of the States,” and also of a majority of the whole number of the House of Representatives.”

Col Mason liked it as obviating the remark of Mr Madison — The motion as far as “States” inclusive was agd. to

On the residue to art. — “and also of a majority of the whole number of the House of Reps. 〈it passed in the Negative〉

N. H. no. Mas. ay. Ct. ay. N. J. no. Pa. ay. Del. no. Md. no. Va. ay— N— C— ay— S— C— no— Geo— no. [Ayes — 5; noes — 6.]

The Report relating to the appointment of the Executive stands as amended, as follows, 23

“He shall hold his office during the term of four years, and together with the vice-President, chosen for the same term, be elected in the following manner.

Each State shall appoint in such manner as its Legislature may direct, a number of electors equal to the whole number of Senators and members of the House of Representatives, to which the State may be entitled in the Legislature:

But no person shall be appointed an Elector who is a member of the Legislature of the U. S. or who holds any office of profit or trust under the U. S.

The Electors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves; and they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the Seat of the General Government, directed to the President of the Senate.

The President of the Senate shall in the presence of the Senate and House of Representatives open all the certificates the votes shall then be counted.

The person having the greatest number of votes shall be the President (if such number be a majority of the whole number of electors appointed) and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President, the Representation from each State having one vote— But if no person have a majority, then from the five highest on the list, the House of Representatives shall in like manner choose by ballot the President— In the choice of a President by the House of Representatives, a Quorum shall consist of a member or members from two thirds of the States, ( * and the concurrence of a majority of all the States shall be necessary to such choice- ) — And in every case after the choice of the President, the person having the greatest number of votes of the Electors shall be the vice-president: But, if there should remain two or more who have equal votes, the Senate shall choose from them the vice-President.

The Legislature may determine the time of choosing the Electors, and of their giving their votes; and the manner of certifying and transmitting their votes — But the election shall be on the same day throughout the U— States.”

Adjourned 25

McHENRY
Sepr. 6.

Spoke to Gov Morris Fitzimmons and Mr Goram to insert a power in the confederation enabling the legislature to erect piers for protection of shipping in winter and to preserve the navigation of harbours — Mr Gohram against. The other two gentlemen for it — Mr Gov: thinks it may be done under the words of the 1 clause 1 sect 7 art. amended — “and provide for the common defence and general welfare. — If this comprehends such a power, it goes to authorise the legisl. to grant exclusive privileges to trading companies etc.

Mr. Willson remarked on the report of the committee considered together That it presented to him a most dangerous appearance. He was not affraid of names — but he was of aristocracy.

What was the amount of the report.

  • 1. The Senate in certain events, (which by such management as may be expected would always happen —) is to chuse the President.
  • 2. The Senate may make treaties and alliances.
  • 3 They may appoint almost all officers.
  • 4 May try impeachments.

Montesqu- says, an officer is the officer of those who appoint him. This power may in a little time render the Senate independent of the people.

The different branches should be independent of each other. They are combined and blended in the Senate.

The Senate may exercise, the powers of legislation, and Executive and judicial powers. To make treaties legislative, to appoint officers Executive for the Executive has only the nomination — To try impeachments judicial. If this is not aristocracy I know not what it is.

Gov. Morris observed that the report had lessened not increased the powers of the Senate. That their powers were greater in the printed paper.

Col Hamilton.

In general the choice will rest in the Senate — take this choice from them and the report is an improvement on the printed paper.

In the printed paper a destroying monster is created. He is not re eligible, he will therefore consider his 7 years as 7 years of lawful plunder. Had he been made re eligible by the legislature, it would not have removed the evil, he would have purchased his re election.

At present the people may make a choice — but hereafter it is probable the choice of a president would centre in the Senate.

As the report stands — the President will use the power of nominating to attach the Senate to his interest. He will act by this means continually on their hopes till at length they will boeth act as one body. Let the election of the president be confined to electors, and take from the Senate the power to try impeachments, and the report will be much preferable to the printed paper.

He does not agree with those persons who say they will vote against the report because they cannot get all parts of it to please them — He will take any system which promises to save America from the dangers with which she is threatened. —

The report amended by placing the choice of the President in the house of representatives, each State having one vote.

Adjourned.

FRIDAY, SEPTEMBER 7, 1787.

JOURNAL
Friday September 7. 1787.

It was moved and seconded to insert the following clause after the words “throughout the United States” in the first sect. of the report.

“The Legislature may declare by law what officer of the United States shall act as President in case of the death, resignation, or disability of the President and Vice President; and such Officer shall act accordingly, until such disability be removed, or a President shall be elected”

which passed in the affirmative [Ayes — 6; noes — 4; divided — 1.] 1

It was moved and seconded to insert the following amendment after the words “a member or members from two thirds of the States” in the 1st sect of the report.

“and the concurrence of a majority of all the States shall be necessary to make such choice.”

which passed in the affirmative.

On the question to agree to the 2nd sect. of the report.

it passed in the affirmative.

[The V: Presidt shall ex officio be Presidt of the Senate. Ayes — 8; noes — 2.] 2

Separate questions having been taken on the several clauses of the 3rd sect. of the report

They passed in the affirmative.

[To insert “ the Ho of representatives” 5 sect of ye report

Ayes — 1; noes — 10.

foreign Ministers Ayes — 4; noes — 7] 3 .

It was moved and seconded to amend the 2nd clause of the 4 sect of the report to read

“Ambassadors, other public Ministers, and Consuls”

which passed in the affirmative

[By with the consent of the Senate appoint Ministers ca

Ayes — 11; noes — 0.

Judges of the Supreme Court Ayes — 11; noes — 0.

and all other officers Ayes — 9; noes — 2.] 4

It was moved and seconded to postpone the consideration of the 4 sect. of the report in order to take up the following.

That it be an instruction to the Committee of the States to prepare a clause or clauses for establishing an Executive Council, as a Council of State, for the President of the United States, to consist of six Members, two of which from the Eastern, two from the middle, and two from the southern States with a rotation and duration of office similar to that of the Senate; such Council to be appointed by the Legislature or by the Senate.

On the question to postpone

it passed in the negative [Ayes — 3; noes — 8.] 5

[To agree to the last question Ayes — 11; noes — 0.] 6

It was moved and seconded to agree to the following clause

That the President shall have power to fill up all vacancies that may 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 Treaty in the 4 sect of the report

which passed in the affirmative

[To agree to Mr Madison’s amendmt Ayes — 3; noes — 8.] 7

— On the question to agree to the 4 sect. of the report as amended

it passed in the affirmative [Ayes — 8; noes — 3] 8

It was moved and seconded to agree to the follow’g amendment.

“But no Treaty of peace shall be entered into, whereby the United States shall be deprived of any of their present Territory or rights without the concurrence of two thirds of the Members of the Senate present

The House adjourned

D ETAIL OF A YES AND N OES
New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia No Carolina So Carolina Georgia Questions ayes noes divided
[473] dd no no aye aye no aye aye no aye aye To agree to the provision in case of the Presidts disability 6 4 1
[474] aye aye aye no aye aye no aye aye aye The V: Presidt shall ex officio be Presidt of the Senate. 8 2
[475] no no no no aye no no no no no no To insert “ the Ho of representatives” 5 sect of ye report 1 10
[476] no no no no aye no aye no aye aye no foreign Ministers
[477] aye aye aye aye aye aye aye aye aye aye aye By with the consent of the Senate appoint Ministers ce
[478] aye aye aye aye aye aye aye aye aye aye aye Judges of the Supreme Court
[479] aye aye aye aye no aye aye aye aye no aye and all other officers 9 2
[480] no no no no no no aye no no aye aye To agree to Mr Madison’s amendmt 3 8
[481] aye aye aye no no aye aye aye aye aye no To agree to ye 4 sect of ye report 8 3
[482] no no no no no no aye aye no no aye To postpone the clause and may require the opinion ce 3 8
[483] aye aye aye aye aye aye aye aye aye aye aye To agree to the last question 11

MADISON
Friday Sepr. 7. 1787. In Convention

The mode of constituting the Executive being resumed, Mr- Randolph moved 〈to insert in the first Section of the report made yesterday〉 9

“The Legislature may declare by law what officer of the U. S— shall act as President in case of the death, resignation, or disability of the President and Vice-President; and such officer shall act accordingly until the time of electing a President shall arrive.”

Mr. Madison observed that this, as worded, would prevent a supply of the vacancy by an intermediate election of the President, and moved to substitute — “until such disability be removed, or a President shall be elected —” * Mr. Governr. Morris 2ded. the motion, which was agreed to.

It seemed to be an objection to the provision with some, that according to the process established for chusing the Executive, there would be difficulty in effecting it at other than the fixed periods; with others, that the Legislature was restrained in the temporary appointment to “ officers ” of the U. S: 〈They wished it to be at liberty to appoint others than such.〉

On the motion of Mr. Randolph as amended, it passed in the affirmative

N. H. divided. Mas. no. Ct. no. N. J. ay. Pa. ay. Del— no. Md. ay. Va. ay. N— C— no— S. C. ay— Geo. ay [Ayes — 6; noes — 4; divided — 1.]

Mr. Gerry moved “that in the election of President by the House of Representatives, no State shall vote by less than three members, and where that number may not be allotted to a State, it shall be made up by its Senators; and a concurrence of a majority of all the States shall be necessary to make such choice”. Without some such provision five individuals might possibly be competent to an election, these being a majority of two thirds of the existing number of States; and two thirds being a quorum for this business.

Mr. Madison 2ded. the motion 10

Mr. Read observed that the States having but one member only in the House of Reps. would be in danger of having no vote at all in the election: the sickness or absence either of the Representative or one of the Senators would have that effect

Mr. Madison replied that, if one member of the House of Representatives should be left capable of voting for the State, the states having one Representative only would still be subject to that danger. He thought it an evil that so small a number at any rate should be authorized, to elect. Corruption would be greatly facilitated by it. The mode itself was liable to this further weighty objection that the representatives of a Minority of the people, might reverse the choice of a majority of the States and of the people — He wished some cure for this inconveniency might yet be provided—

Mr Gerry withdrew the first part of his motion; and on the, — . . .

Question on the 2d. part viz, “and a concurrence of a majority of all the States shall be necessary to make such choice” to follow the words “a member or members from two thirds of the States” — It was agreed to nem: con:

The 〈section 2.〉 11 (see Sepr. 4)

requiring that the President should be a natural-born Citizen, c have been resident for fourteen years, be thirty five years of age, was agreed to nem: con:

〈Section 3.〉 12 (see Sepr. 4). “The vice President shall be ex officio President of the Senate” 13

Mr. Gerry opposed this regulation. We might as well put the President himself at the head of the Legislature. The close intimacy that must subsist between the President vice-president makes it absolutely improper. He was agst. having any vice President.

Mr Govr Morris. The vice president then will be the first heir apparent that ever loved his father — If there should be no vice president, the President of the Senate would be temporary successor, which would amount to the same thing.

Mr Sherman saw no danger in the case. If the vice-President were not to be President of the Senate, he would be without employment, and some member by being made President must be deprived of his vote, unless when an equal division of votes might happen in the Senate, which would be but seldom.

Mr. Randolph concurred in the opposition to the clause.

Mr. Williamson, observed that such an officer as vice-President was not wanted. He was introduced only for the sake of a valuable mode of election which required two to be chosen at the same time.

Col: Mason, thought the office of vice-President an encroachment on the rights of the Senate; and that it mixed too much the Legislative Executive, which as well as the Judiciary departments, ought to be kept as separate as possible. He took occasion to express his dislike of any reference whatever of the power to make appointments to either branch of the Legislature. On the other hand he was averse to vest so dangerous a power in the President alone. As a method for avoiding both, he suggested that a privy Council of six members to the president should be established; to be chosen for six years by the Senate, two out of the Eastern two out of the middle, and two out of the Southern quarters of the Union, to go out in rotation two every second year; the concurrence of the Senate to be required only in the appointment of Ambassadors, and in making treaties. which are more of a legislative nature. This would prevent the constant sitting of the Senate which he thought dangerous, as well as keep the departments separate distinct. It would also save the expence of constant sessions of the Senate. He had he said always considered the Senate as too unwieldy expensive for appointing officers, especially the smallest, such as tide waiters c. He had not reduced his idea to writing, but it could be easily done if it should be found acceptable.

On the question shall the vice President be ex officio President of the Senate?

N— H. ay— Mas. ay— Ct. ay. N. J. no. Pa. ay. Del. ay— Mas— no. Va ay— N— C— abst S. C. ay— Geo. ay. [Ayes — 8; noes — 2; absent — 1.]

The other parts of the same 〈Section〉 (3) were then agreed to.

The 〈Section 4.〉 14 — to wit, “The President by with the advice and consent of the Senate shall have power to make Treaties c”

Mr. Wilson moved to add, after the word “Senate” the words, “and House of Representatives”. As treaties he said are to have the operation of laws, they ought to have the sanction of laws also. The circumstance of secrecy in the business of treaties formed the only objection; but this he thought, so far as it was inconsistent with obtaining the Legislative sanction, was outweighed by the necessity of the latter.

Mr. Sherman thought the only question that could be made was whether the power could be safely trusted to the Senate. He thought it could; and that the necessity of secrecy in the case of treaties forbade a reference of them to the whole Legislature.

Mr Fitzsimmons 2ded. the motion of Mr Wilson, on the question 15

N. H. no. Mas. no. Ct. no. N. J. no. Pa ay. Del. no. Md. no Va. no. N. C. no. S. C. no. Geo. no. [Ayes — 1; noes — 10.]

The first sentence as to making treaties, was then Agreed to: nem: con:

— “He shall nominate c Appoint ambassadors c.”

Mr. Wilson objected to the mode of appointing, as blending a branch of the Legislature with the Executive. Good laws are of no effect without a good Executive; and there can be no good Executive without a responsible appointment of officers to execute. Responsibility is in a manner destroyed by such an agency of the Senate — He would prefer the Council proposed by Col: Mason, provided its advice should not be made obligatory on the President 16

Mr. Pinkney was against joining the Senate in these appointments, except in the instances of Ambassadors who he thought ought not to be appointed by the President

Mr. Govr. Morris said that as the President was to nominate, there would be responsibility, and as the Senate was to concur, there would be security. As Congress now make appointments there is no responsibility.

Mr Gerry— The idea of responsibility in the nomination to offices is chimerical— The President can not know all characters, and can therefore always plead ignorance.

Mr King. As the idea of a Council proposed by Col. Mason has been supported by Mr. Wilson, he would remark that most of the inconveniencies charged on the Senate are incident to a Council of Advice. He differed from those who thought the Senate would sit constantly. He did not suppose it was meant that all the minute officers were to be appointed by the Senate, or any other original source, but by the higher officers of the departments to which they belong. He was of opinion also that the people would be alarmed at an unnecessary creation of New Corps which must increase the expence as well as influence of the Government. 17

On the question on these words in the clause viz — “He shall nominate by with the advice and consent of the Senate, shall appoint ambassadors, and other public ministers (and Consuls) Judges of the supreme Court” Agreed to: nem: con: the insertion of “(and consuls” having first taken place.

On the question on the following words “And all other officers of U. S—” 18

N. H— ay— Mas ay. Ct ay. N— J— ay. Pa. no. Del. ay. Md. ay. Va ay. N— C. ay. S— C. no. Geo. ay. [Ayes 9; noes — 2.]

On 19 motion of Mr. Spaight — “that the President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting Commissions which shall expire at the end of the next Session of the Senate” It was agreed to nem: con:

Section 4. 20 “The President by and with the advice and consent of the Senate shall have power to make Treaties” — “ But no treaty shall be made without the consent of two thirds of the members present ” — this last being before the House. 21

Mr Wilson thought it objectionable to require the concurrence of ⅔ which puts it in the power of a minority to controul the will of a majority.

Mr. King concurred in the objection; remarking that as the Executive was here joined in the business, there was a check which did not exist in Congress where The concurrence of ⅔ was required.

Mr. Madison moved to insert after the word “treaty” the words “except treaties of peace” allowing these to be made with less difficulty than other treaties — It was agreed to nem: con:

Mr. Madison then moved to authorize a concurrence of two thirds of the Senate to make treaties of peace, without the concurrence of the President” — The President he said would necessarily derive so much power and importance from a state of war that he might be tempted, if authorized, to impede a treaty of peace. Mr. Butler 2ded. the motion

Mr Gorham thought the precaution unnecessary as the means of carrying on the war would not be in the hands of the President, but of the Legislature.

Mr. Govr Morris thought the power of the President in this case harmless; and that no peace ought to be made without the concurrence of the President, who was the general Guardian of the National interests.

Mr. Butler was strenuous for the motion, as a necessary security against ambitious corrupt Presidents. He mentioned the late perfidious policy of the Statholder in Holland; and the artifices of the Duke of Marlbro’ to prolong the war of which he had the management.

Mr. Gerry was of opinion that in treaties of peace a greater rather than less proportion of votes was necessary, than in other treaties. In Treaties of peace the dearest interests will be at stake, as the fisheries, territories c. In treaties of peace also there is more danger to the extremities of the Continent, of being sacrificed, than on any other occasions.

Mr. Williamson thought that Treaties of peace should be guarded at least by requiring the same concurrence as in other Treaties.

On the motion of Mr. Madison Mr. Butler

N. H. no. Mas. no. Ct. no. N. J. no. Pa. no. Del— no. Md. ay— Va no— N. C. no. S. C. ay. Geo. ay. [Ayes — 3; noes — 8.]

On the part of the clause concerning treaties amended by the exception as to Treaties of peace.

N. H. ay. Mas. ay. Ct. ay. N. J. no. Pa. no. Del. ay. Md. ay. Va. ay. N— C. ay. S— C. ay— Geo. no. [Ayes — 8; noes — 3.]

“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.” being before the House

Col: Mason * said that in rejecting a Council to the President we were about to try an experiment on which the most despotic Governments had never ventured— The Grand Signor himself had his Divan. He moved to postpone the consideration of the clause in order to take up the following

“That it be an instruction to the Committee of the States to prepare a clause or clauses for establishing an Executive Council, as a Council of State for the President of the U. States, to consist of six members, two of which from the Eastern, two from the middle, and two from the Southern States, with a Rotation and duration of office similar to those of the Senate; such Council to be appointed by the Legislature or by the Senate”.

Doctor Franklin 2ded. the motion. We seemed he said too much to fear cabals in appointments by a number, and to have too much confidence in those of single persons. Experience shewed that caprice, the intrigues of favorites mistresses, c were nevertheless the means most prevalent in monarchies. among instances of abuse in such modes of appointment, he mentioned the many bad Governors appointed in G. B. for the Colonies. He thought a Council would not only be a check on a bad President but be a relief to a good one.

Mr. Govr. Morris. The question of a Council was considered in the Committee, where it was judged that the Presidt. by persuading his Council— to concur in his wrong measures, would acquire their protection for them—

Mr. Wilson approved of a Council, in preference to making the Senate a party to appointmts.

Mr. Dickinson was for a Council. It wd. be a singular thing if the measures of the Executive were not to undergo some previous discussion before the President

Mr Madison was in favor of the instruction to the Committee proposed by Col. Mason.

〈The motion of Mr. Mason was negatived. Maryd. ay. S. C. ay. Geo. ay— N. H. no. Mas. no. Ct. no. N. J. no Pa. no. Del. no. Va. no. N C no.〉 23 [Ayes — 3; noes — 8.]

On the question, “authorizing the President to call for the opinions of the Heads of Departments, in writing:” it passed in the affirmative, 24 N. H. only being no. * 〈The clause was then unanimously agreed to.〉

Mr Williamson Mr. Spaight moved “that no Treaty of Peace affecting Territorial rights shd be made without the concurrence of two thirds of the 〈members of the Senate present.〉

Mr. King— It will be necessary to look out for securities for some other rights, if this principle be established; he moved to extend the motion to — “all present rights of the U. States”.

Adjourned 25

McHENRY
Sepr. 7.

Made some further progress in the report.

Mr. Mason moved to postpone the section giving the President power to require the advice of the heads of the great departments to take up a motion — to appoint a council of State, to consist of 6 members — two from the Eastern, two from the midele and two from the Southern States — who should in conjunction with the President make all appointments and be an advisory body — to be elected by the legislature, to be in for 6 years with such succession as provided for the Senate.

3 States for postponing 8 against it — so it was lost.

Adjourned.

SATURDAY, SEPTEMBER 8, 1787.

JOURNAL
Saturday September 8. 1787.

It was moved and seconded to strike the words (“except Treaties of Peace”) out of the 4 sect. of the report.

which passed in the affirmative. [Ayes — 8; noes — 3.]

It was moved and seconded to strike out the last clause of the 4 sect. of the report

which passed in the negative [Ayes — 1; noes — 9; divided — 1.]

It was moved and seconded to agree to the following amendment.

“two thirds of all the Members of the Senate to make a treaty”

which passed in the negative [Ayes — 3; noes — 8.]

It was moved and seconded to agree to the following amendment.

“a majority of all the Members of the Senate to make a treaty”

which passed in the negative [Ayes — 5; noes — 6.]

It was moved and seconded to agree to the following amendment.

“No Treaty shall be made unless two thirds of the whole number of Senators be present

which passed in the negative. [Ayes — 5; noes — 6.]

It was moved and seconded to agree to the following amendment.

“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 [Ayes — 3; noes — 8.]

It was moved and seconded to agree to the following amendment

“neither shall any appointment be made as aforesaid unless to offices established by the Constitution or by law

which passed in the negative [Ayes — 5; noes — 6.]

It was moved and seconded to insert the words

“or other high crimes and misdemeanors against the State” after the word “bribery”

which passed in the affirmative [Ayes — 7; noes — 4.]

It was moved and seconded to strike out the words

“by the Senate” after the word “conviction”

which passed in the Negative [Ayes — 2; noes — 9.]

It was moved and seconded to strike out the word “State” after the word “against” and to insert the words “United States”

which passed in the affirmative. [“unanimous”]

On the question to agree to the last clause of the report.

it passed in the affirmative [Ayes — 10; noes — 1.]

It was moved and seconded to add the following clause after the words “United States”

“The Vice 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 [“unanimous”]

It was moved and seconded to amend the 3rd clause of the report, entered on the Journal of the 5 instant, to read as follows — instead of the 12 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 Treasury but in consequence of appropriations made by law.

which passed in the affirmative. 1

[all bills for raising revenue shall originate in the Ho of representatives Ayes — 9; noes — 2.] 2

It was moved and seconded to amend the 3rd clause of the report, entered on the Journal of the 4 instant, to read as follows

D ETAIL OF A YES AND N OES
New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia No Carolina So Carolina Georgia Questions ayes noes divided
[484] aye aye aye no aye no no aye aye aye aye To strike out “except Treaties of Peace.” 8 3
[485] no no dd no no aye no no no no no To strike out the clause respectg Treaties. 1 9 1
[486] no no no no no no no no aye aye aye ⅔rds of all the Members of the Senate to make a treaty 3 8
[487] no aye aye no no aye no no no aye aye a majority of all the Members of the Senate to make a treaty 5 6
[488] no no no no no no aye aye aye aye aye no treaty shall be made unless ⅔rds of the whole number of Senators be present 5 6
[489] no no no no no no no no aye aye aye But no treaty shall be made before all the members of the Senate are summoned shall have time to attend 3 8
[page 16]
[490] no aye aye aye no no no no aye no aye neither shall any appointment be made as aforesaid unless to offices established by the Constitution or by law. 5 6
[491] aye aye aye no no no aye aye aye no aye To insert after the word “bribery” “or other high crimes and misdemeanors, against the State” 7 4
[492] no no no no aye no no aye no no no To strike out the words “by the Senate” 2 9
[493] unanimous. To insert the “United States” instead of the “State”
[494] aye aye aye aye no aye aye aye aye aye aye To agree to the clause respectg the impeachmt of the Presidt
[495] unanimous The Vice Presidt and other civil officers of the U. S. shall be removed from office on impeachment conviction as aforesaid
[496] But the Senate may propose or concur with amendments as in other Bills.
[497] aye aye aye aye aye no no aye aye aye aye all bills for raising revenue shall originate in the Ho of representatives 9 2
[498] aye aye aye aye no aye aye no aye aye aye To agree to the resolution that the Senate be the court of impeachment 9 2
[499] no aye aye no no no no no no no aye The Legislature shall have the sole right of establishing offices not herein provided for 3 8
[500] aye no aye aye no aye aye no aye no aye He may convene both or either of the Houses on extraordinary occasions. 2 sect. 10 art. 7 4
[501] no no no no aye aye aye aye aye no no To reconsider the number of representatives 5 6

In the place of the 1st sect. 9 article. insert

“The Senate of the United States shall have power to try all impeachments: but no person shall be convicted without the concurrence of two thirds of the Members present: and every Member shall be on oath”

which passed in the affirmative [Ayes — 9; noes — 2.]

It was moved and seconded to agree to the following clause

“The Legislature shall have the sole right of establishing offices not herein provided for”

which passed in the negative [Ayes — 3; noes — 8.]

It was moved and seconded to amend the 3rd clause of the 2nd sect. 10 article to read

“He may convene both or either of the Houses on extraordinary occasions”

which passed in the affirmative [Ayes — 7; noes — 4.]

It was moved and seconded to appoint a Committee of five to revise the style of and arrange the articles agreed to by the House

which passed in the affirmative

And a Committee was appointed by ballot of the honorable Mr Johnson, Mr Hamilton, Mr G. Morris, Mr Madison and Mr King.

[To reconsider the number of representatives Ayes — 5; noes — 6.] 3

The House adjourned.

MADISON
Saturday September 8th. In convention

The last Report of Committee of Eleven 〈(see Sepr. 4)〉 was resumed.

Mr. King moved to strike out the “exception of Treaties of peace” from the general clause requiring two thirds of the Senate for making Treaties

Mr. Wilson wished the requisition of two thirds to be struck out altogether If the majority cannot be trusted, it was a proof, as observed by Mr. Ghorum, that we were not fit for one Society.

A reconsideration of the whole clause was agreed to.

Mr. Govr. Morris was agst. striking out the “exception of Treaties of peace” If two thirds of the Senate should be required for peace, the Legislature will be unwilling to make war for that reason, on account of the Fisheries or the Mississippi, the two great objects of the Union. 4 Besides, if a Majority of the Senate be for peace, and are not allowed to make it, they will be apt to effect their purpose in the more disagreeable mode, of negativing the supplies for the war.

Mr. Williamson remarked that Treaties are to be made in the branch of the Govt. where there may be a majority of the States without a majority of the people, Eight men may be a majority of a quorum, should not have the power to decide the conditions of peace. There would be no danger, that the exposed States, as S. Carolina or Georgia, would urge an improper war for the Western Territory.

Mr. Wilson If two thirds are necessary to make peace, the minority may perpetuate war, against the sense of the majority.

Mr. Gerry enlarged on the danger of putting the essential rights of the Union in the hands of so small a number as a majority of the Senate, representing perhaps, not one fifth of the people. The Senate will be corrupted by foreign influence.

Mr. Sherman was agst leaving the rights, established by the Treaty of Peace, to the Senate, moved to annex a “proviso that no such rights shd be ceded without the sanction of the Legislature.

Mr Govr. Morris seconded the ideas of Mr Sherman.

Mr. Madison observed that it had been too easy in the present Congress to make Treaties altho’ nine States were required for the purpose.

On the question for striking “except Treaties of peace”

N. H. ay. Mas. ay. Ct. ay. N. J. no. Pa. ay. Del. no. Md. no— Va. ay. N. C.— ay. S. C. ay. Geo— ay [Ayes — 8; noes — 3.]

Mr. Wilson Mr Dayton move to strike out the clause requiring two thirds of the Senate for making Treaties. — on which,

N. H no— Mas— no— Ct. divd. N— J. no. Pa. no Del. ay. Md. no. Va. no. N. C. no S. C. no. Geo. no. [Ayes — 1; noes — 9; divided — 1.]

Mr Rutlidge Mr. Gerry moved that “no Treaty be made without the consent of ⅔ of all the members of the Senate” — according to the example in the present Congs

Mr. Ghorum. There is a difference in the case, as the President’s consent will also be necessary in the new Govt.

On the question

N— H. no— Mass no— (Mr. Gerry ay) Ct. no. N. J— no. Pa. no. Del. no. Md. no. Va. no. N. C. ay. S. C. ay. Geo. ay.

[Ayes — 3; noes — 8.]

Mr. Sherman movd, that “no Treaty be made without a Majority of the whole number 〈of the Senate〉 — Mr. Gerry seconded him.

Mr Williamson. This will be less security than ⅔ as now required.

Mr Sherman— It will be less embarrassing.

On the question, 〈it passed in the negative.〉

N. H. no. Mas. ay. Ct. ay. N. J. no. Pa. no. Del. ay. Md. no. Va. no. N— C— no. S. C. ay. Geo. ay. [Ayes — 5; noes — 6.]

Mr. Madison movd. that a Quorum of the Senate consist of ⅔ of all the members.

Mr. Govr. Morris — This will put it in the power of one man to break up a Quorum.

Mr. Madison, This may happen to any Quorum.

On the Question 〈it passed in the negative〉

N. H. no. Mas. no. Ct. no. N. J. no. Pa. no— Del. no— Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes — 5; noes — 6.]

Mr. Williamson Mr Gerry movd. “that no Treaty shd. be made witht previous notice to the members, a reasonable time for their attending.”

On the Question

All the States no, except N— C— S. C. Geo. ay.

On a question on clause of the Report of the Come. of

Eleven relating to Treaties by ⅔ of the Senate. All the States 〈were〉 ay — except Pa N. J. Geo. no.

Mr. Gerry movd. that no officer shall be appd but to offices created by the Constitution or by law.” — This was rejected as unnecessary by six no’s and five ays;

〈The Ayes. Mas. Ct. N. J. N. C. Geo. — Noes— N. H. Pa.: Del. Md Va. S. C.〉 5 [Ayes — 5; noes — 6.]

The clause referring to the Senate, the trial of impeachments agst. the President, for Treason bribery, was taken up. 6

Col. Mason. Why is the provision restrained to Treason bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined— As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend: the power of impeachments. He movd. to add after “bribery” “or maladministration”. Mr. Gerry seconded him—

Mr Madison So vague a term will be equivalent to a tenure during pleasure of the Senate.

Mr Govr Morris, it will not be put in force can do no harm— An election of every four years will prevent maladministration.

Col. Mason withdrew “maladministration” substitutes “other high crimes misdemeanors” 〈agst. the State”〉 7

On the question thus altered

N. H— ay. Mas. ay— Ct. ay. 〈N. J. no〉 Pa no. Del. no. Md ay. Va. ay. N. C. ay. S. C. ay. * Geo. ay. [Ayes — 8; noes — 3.]

Mr. Madison, objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circumstances was made improperly dependent. He would prefer the supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part.

Mr Govr Morris thought no other tribunal than the Senate could be trusted. The Supreme Court were too few in number and might be warped or corrupted. He was agst. a dependence of the Executive on the Legislature, considering the Legislative tyranny the great danger to be apprehended; but there could be no danger that the Senate would say untruly on their oaths that the President was guilty of crimes or facts, especially as in four years he can be turned out. —

Mr Pinkney disapproved of making the Senate the Court of Impeachments, as rendering the President too dependent on the Legislature. If he opposes a favorite law, the two Houses will combine agst him, and under the influence of heat and faction throw him out of office.

Mr. Williamson thought there was more danger of too much lenity than of too much rigour towards the President, considering the number of cases in which the Senate was associated with the President —

Mr Sherman regarded the Supreme Court as improper to try the President, because the Judges would be appointed by him.

On motion by Mr. Madison to strike out the words — “by the Senate” after the word “Conviction”

N— H. no. Mas— no. Ct. no. N. J. no— Pa. ay— Del— no. Md. no. Va. ay— N. C. no. S— C— no. Geo. no. [Ayes — 2; noes — 9.]

In the amendment of Col: Mason just agreed to, the word “State” after the words misdemeanors against” was struck out, and the words “United States” inserted, 〈unanimously〉 8 in order to remove ambiguity—

On the question to agree to clause as amended,

N. H. ay. Mas. ay. 〈Cont ay〉 8 a N. J. ay. Pa. no. 〈Del. ay〉 8 a Md. ay— Va. ay. N— C. ay. S. C. ay. Geo. ay [Ayes — 10; noes — 1.]

On motion “The vice-President and other Civil officers of the U. S. shall be removed from office on impeachment and conviction as aforesaid” was added to the clause on the subject of impeachments.

The clause of the report made on the 5th. Sepr. postponed was taken up, to wit — “All bills for raising revenue shall originate in the House of Representatives; and shall be subject to alterations and amendments by the Senate. No money shall be drawn from the Treasury but in consequence of appropriations made by law.”

It was moved to strike out the words “and shall be subject to alterations and amendments by the Senate” and insert the words used in the Constitution of Massachusetts on the same subject — “but the Senate may propose or concur with amendments as in other bills” — which was agreed too nem: con: 9

On the question On the first part of the clause — “All bills for raising revenue shall originate in the house of Representatives” *

N. H. ay. Mas. ay. Ct. ay. N. J. ay Pa. ay. Del. no. Md. no. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes — 9; noes — 2.]

Mr. Govr Morris moved to add to clause (3) of the report made on Sept. 4. the words “and every member shall be on oath” which being agreed to, and a question taken on the clause 〈so amended〉 viz — “The Senate of the U. S. shall have power to try all impeachments: but no person shall be convicted without the concurrence of two thirds of the members present: and every member shall be on oath”

N. H. ay— Mas. ay. Ct. ay. N. J— ay. Pa. no— Del— ay— Md ay. Va. no. N. C. ay. S. C. ay. Geo. ay. [Ayes —9; noes —2.]

Mr. Gerry repeated his motion above made on this day, in the form following “The Legislature shall have the sole right of establishing offices not herein provided for”. which was again negatived: 〈Mas. Cont. Geo. only being ay.〉 10

Mr. McHenry observed that the President had not yet been any where authorized to convene the Senate, and moved to amend Art X. sect. 2. by striking out the words “He may convene them (the Legislature) on extraordinary occasions” insert “He may convene both or either of the Houses on extraordinary occasions” — This he added would also provide for the case of the Senate being in Session at the time of convening the Legislature.

Mr. Wilson said he should vote agst the motion because it implied that the senate might be in Session, when the Legislature was not, which he thought improper.

On the question

N. H. ay— Mas. no. Ct. ay. N. J. ay. Pa. no. Del— ay. Md. ay. Va. no— N. C. ay. S. C. no. Geo. ay. [Ayes — 7; noes — 4.]

A Committee was then appointed by Ballot to revise the stile of and arrange the articles which had been agreed to by the House. The Committee consisted of Mr. Johnson, Mr. Hamilton, Mr Govr. Morris, Mr. Madison and Mr. King.

Mr. Williamson moved that previous to this work of the Committee the clause relating to the number of the House of Representatives shd. be reconsidered for the purpose of increasing the number. 11

Mr Madison 2ded. the Motion

Mr. Sherman opposed it— he thought the provision on that subject amply sufficient.

Col: Hamilton expressed himself with great earnestness and anxiety in favor of the motion. He avowed himself a friend to a vigorous Government, but would declare at the same time, that he held it essential that the popular branch of it should be on a broad foundation. He was seriously of opinion that the House of Representatives was on so narrow a scale as to be really dangerous, and to warrant a jealousy in the people for their liberties. He remarked that the connection between the President Senate would tend to perpetuate him, by corrupt influence. It was the more necessary on this account that a numerous representation in the other branch of the Legislature should be established.

On the motion of Mr. Williamson to reconsider, 〈it was negatived,〉

* N— H— no. Mas. no. Ct. no. N. J. no. Pa. ay. Del. ay. Md. ay. Va ay— N. C. ay. S. C. no. Geo. no. [Ayes — 5; noes — 6.]

Adjd 12

McHENRY
Septr. 8 —

Agreed to the whole report with some amendments — and refered the printed paper etc to a committee of 5 to revise and place the several parts under their proper heads — with an instruction to bring in draught of a letter to Congres.

Committee Gov. Morris
Maddison
Hamilton
Dr. Johnson
King—

Maryland gave notice that she had a proposition of much importance to bring forward — but would delay it till Monday it being near the hour to adjourn.

MONDAY, SEPTEMBER 10, 1787.

JOURNAL
Monday September 10. 1787.

It was moved and seconded to reconsider the 19th article

which passed in the affirmative [Ayes — 9; noes — 1; divided — 1.]

It was moved and seconded to amend the 19 article by adding the following clause.

Or the Legislature may propose amendments to the several States, for their approbation, but no amendments shall be binding, until consented to by the several States.

It was moved and seconded to insert the words “two thirds of” before the words “the several States”

which passed in the negative [Ayes — 5; noes — 6.]

It was moved and seconded to insert the words “three fourths”

which passed in the affirmative. [“unanimous”]

It was moved 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 application of two thirds of the Legislatures of the several States, shall propose amendments to this Constitution which shall be valid to all intents and purposes as part thereof, when the same shall have been ratified by three fourths at least of the Legislatures of the several States, or by Conventions in three fourths thereof, as one or the other mode of ratification may be proposed by the Legislature of the United-States: Provided that no amendments which may be made prior to the year 1808. shall in any manner affect the 4th and 5th Sections of article the 7th

On the question to postpone

it passed in the affirmative

On the question to agree to the last amendment.

it passed in the affirmative [Ayes — 9; noes — 1; divided— 1.]

It was moved and seconded to reconsider the 21st and 22nd articles

which passed in the affirmative [Ayes — 7; noes — 3; divided — 1.] 1

It was moved and seconded to postpone the 21st article in order to take up the following.

Resolved that the foregoing plan of a Constitution be transmitted to the United States in Congress assembled 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 it’s 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 Constitution, 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 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 effect between the States assenting thereto.

On the question to postpone

it passed in the negative [Ayes — 1; noes — 10.]

On the question to agree to the 21st article

it passed in the affirmative [Ayes — 11; noes — 0.]

It was moved and seconded to restore the words “for their approbation” to the 22nd article

it passed in the negative

It was moved and seconded to refer the following to the Committee of revision.

“That it be an instruction to the Committee to prepare an address to the People to accompany the present constitution, and to be laid with the same before the United States in Congress.

which passed in the affirmative.

D ETAIL OF A YES AND N OES
New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia No Carolina So Carolina Georgia Questions ayes noes divided
[502] dd aye aye no aye aye aye aye aye aye aye To reconsider the XIX article 9 1 1
[503] aye no no no aye aye aye aye no no no To agree to the amendment of “two-thirds” 5 6
[504] unanimous To agree to the amendment of “three-fourths”
[505] dd aye aye aye aye no aye aye aye aye aye To agree to the amendment of article XIXth 9 1 1
[506] dd no aye aye no aye aye aye aye no aye To reconsider the XXIInd article 7 3 1
[507] dd no aye aye no aye aye aye aye no aye To reconsider the XXIst article 7 3 1
[508] no no aye no no no no no no no no To postpone the 21st Article. 1 10
[509] aye aye aye aye aye aye aye aye aye aye aye To agree to the 21st article. 11

MADISON
Monday Sepr. 10. 1787. In Convention

Mr Gerry moved to reconsider art XIX. viz, “On the application of the Legislatures of two thirds of the States in the Union, for an amendment of this Constitution, the Legislature of the U. S. shall call a Convention for that purpose.” 〈(see Aug.” 6.)〉

This Constitution he said is to be paramount to the State Constitutions. It follows, hence, from this article that two thirds of the States may obtain a Convention, a majority of which can bind the Union to innovations that may subvert the State-Constitutions altogether. He asked whether this was a situation proper to be run into—

Mr. Hamilton 2ded. the motion, but he said with a different view from Mr. Gerry— He did not object to the consequences stated by Mr. Gerry— There was no greater evil in subjecting the people of the U. S. to the major voice than the people of a particular State— It had been wished by many and was much to have been desired that an easier mode for introducing amendments had been provided by the articles of Confederation. It was equally desirable now that an easy mode should be established for supplying defects which will probably appear in the new System. The mode proposed was not adequate. The State Legislatures will not apply for alterations but with a view to increase their own powers— The National Legislature will be the first to perceive and will be most sensible to the necessity of amendments, and ought also to be empowered, whenever two thirds of each branch should concur to call a Convention— There could be no danger in giving this power, as the people would finally decide in the case.

Mr Madison remarked on the vagueness of the terms, “call a Convention for the purpose.” as sufficient reason for reconsidering the article. How was a Convention to be formed? by what rule decide? what the force of its acts?

On the motion of Mr. Gerry to reconsider

N. H. divd. Mas. ay— Ct. ay. N. J— no. Pa ay. Del. ay. Md. ay. Va. ay. N— C. ay. S. C. ay. Geo. ay. [Ayes — 9; noes — 1; divided — 1.]

Mr. Sherman moved to add to the article “ “or the Legislature may propose amendments to the several States for their approbation, but no amendments shall be binding until consented to by the several States”

Mr. Gerry 2ded. the motion

Mr. Wilson moved to insert “two thirds of” before the words “several States”— on which amendment to the motion of Mr. Sherman

N. H. ay. Mas. 〈no〉 Ct. no. N. J. 〈no〉 Pa. ay— Del— ay Md. ay. Va. ay. N. C. no. S. C. no. Geo. no. [Ayes — 5; noes — 6.] 2

Mr. Wilson then moved to insert “three fourths of” before “the several Sts” which was agreed to nem: con:

Mr. Madison moved to postpone the consideration of the amended proposition in order to take up the following,

“The Legislature of the U— S— whenever two thirds of both Houses shall deem necessary, or on the application of two thirds of the Legislatures of the several States, shall propose amendments to this Constitution, which shall be valid to all intents and purposes as part thereof, when the same shall have been ratified by three fourths at least of the Legislatures of the several States, or by Conventions in three fourths thereof, as one or the other mode of ratification may be proposed by the Legislature of the U. S:”

Mr. Hamilton 2ded. the motion.

Mr. Rutlidge said he never could agree to give a power by which the articles relating to slaves might be altered by the States not interested in that property and prejudiced against it. In order to obviate this objection, these words were added to the proposition: “ * provided that no amendments which may be made prior to the year 1808. shall in any manner affect the 4 5 sections of the VII article”— 3 The postponement being agreed to,

On the question On the proposition of Mr. Madison Mr. Hamilton as amended

N. H. divd. Mas. ay. Ct. ay. N. J. ay. Pa. ay. Del. no. Md. ay. Va ay. N. C. ay S. C. ay. Geo. ay. [Ayes — 9; noes — 1; divided — 1.]

Mr. Gerry moved to reconsider art: XXI XXII from the latter of which “for the approbation of Congs.” had been struck out. 4 . He objected to proceeding to change the Government without the approbation of Congress as being improper and giving just umbrage to that body. He repeated his objections also to an annulment of the confederation with so little scruple or formality. 5

Mr. Hamilton concurred with Mr. Gerry as to the indecorum of not requiring the approbation of Congress. He considered this as a necessary ingredient in the transaction. He thought it wrong also to allow nine States as provided by art XXI. to institute a new Government on the ruins of the existing one. He wd propose as a better modification of the two articles (XXI XXII) that the plan should be sent to Congress in order that the same if approved by them, may be communicated to the State Legislatures, to the end that they may refer it to State Conventions; each Legislature declaring that if the convention of the State should think the plan ought to take effect among nine ratifying States, the same shd take effect accordingly.

Mr. Gorham— Some States will say that nine States shall be sufficient to establish the plan— others will require unanimity for the purpose— And the different and conditional ratifications will defeat the plan altogether.

Mr. Hamilton— No Convention convinced of the necessity of the plan will refuse to give it effect on the adoption by nine States. He thought this mode less exceptionable than the one proposed in the article, and would attain the same end,

Mr Fitzimmons remarked that the words “for their approbation” had been struck out in order to save Congress from the necessity of an Act inconsistent with the Articles of Confederation under which they held their authority.

Mr. Randolph declared if no change should be made in this part of the plan, he should be obliged to dissent from the whole of it. He had from the beginning he said been convinced that radical changes in the system of the Union were necessary. Under this conviction he had brought forward a set of republican propositions as the basis and outline of a reform. These Republican propositions had however, much to his regret been widely, and in his opinion, irreconcileably departed from — In this state of things it was his idea and he accordingly meant to propose, that the State Conventions shd. be at liberty to offer amendments to the plan, — and that these should be submitted to a second General Convention, with full power to settle the Constitution finally— He did not expect to succeed in this proposition, but the discharge of his duty in making the attempt, would give quiet to his own mind.

Mr. Wilson was against a reconsideration for any of the purposes which had been mentioned.

Mr King thought it would be more respectful to Congress to submit the plan generally to them; than in such a form as expressly and necessarily to require their approbation or disapprobation. The assent of nine States he considered as sufficient; and that it was more proper to make this a part of the Constitution itself, than to provide for it by a supplemental or distinct recommendation.

Mr. Gerry urged the indecency and pernicious tendency of dissolving in so slight a manner, the solemn obligations of the articles of confederation. If nine out of thirteen can dissolve the compact, Six out of nine will be just as able to dissolve the new one hereafter.

Mr. Sherman was in favor of Mr. 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 Constitution.

On the question for reconsidering the two articles. XXI XXII —

N. H. divd. Mas. no Ct. ay. N. J. ay. Pa. no Del. ay. Md. ay— Va. ay. N. C. ay. S. C. no .Geo. ay. [Ayes — 7; noes — 3; divided — 1.] 6

Mr. 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 Constitution be transmitted to the U. S. in Congress assembled, 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 Constitution, 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 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 effect between the States assenting thereto”

Mr. Gerry 2ded. the motion.

Mr. Wilson. This motion being seconded, it is necessary now to speak freely He expressed in strong terms his disapprobation of the expedient 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 Congs. in the plan. Maryland had voted on this floor; for requiring the unanimous assent 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 circumstances Can it be safe to make the assent 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.

Mr. Clymer thought that the mode proposed by Mr. Hamilton would fetter embarrass Congs. as much as the original one, since it equally involved a breach of the articles of Confederation.

Mr. King concurred with Mr. 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.

Mr. Rutlidge viewed the matter in the same light with Mr. King

On the question to postpone in order to take up Col: Hamiltons motion

N. H— no. Mas. no. Ct. ay. N. J. no. Pa no. Del. no. Md. no. Va. no. N— C. no. S. C. no. Geo. no. [Ayes — 1; noes — 10.]

〈A Question being then taken on the article XXI. It was agreed to, unanimously.〉 7

Col: Hamilton withdrew the remainder of the motion to postpone art XXII, observing that his purpose was defeated by the vote just given;

Mr. Williamson Mr. Gerry moved to re-instate the words “for the approbation of Congress” in art: XXII. which was disagreed to nem: con:

Mr. 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 ¾ instead of ⅔ 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 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 embarrassments could be removed, was that of submitting the plan to Congs. 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.

Docr Franklin 2ded. 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 Mr Randolph

Mr 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 Constitution, and to be laid with the same before the U— States in Congress”

* The motion itself was referred to the Committee. nem: con:

* Mr. Randolph moved to refer to the Committee also a motion relating to pardons in cases of Treason — which was agreed to nem: con:

Adjourned

Proceedings of Convention Referred to the Committee of Style and Arrangement. 1

We the People of the States of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare and establish the following Constitution for the Government of Ourselves and our Posterity.

ARTICLE I.

The stile of this Government shall be, “The United States of America.”

II.

The Government shall consist of supreme legislative, executive and judicial powers.

III.

The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives, and a Senate. 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 by law.

IV.

Sect. 1. The Members of the House of Representatives shall be chosen every second year, by the people of the several states comprehended within this Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several States, of the most numerous branch of their own legislatures.

Sect. 2. Every Member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen of the United States for at least seven years before his election; and shall be, at the time of his election, an inhabitant of the State in which he shall be chosen.

Sect. 3. The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner herein after described, consist of sixty-five members, of whom three shall be chosen in New-Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina, and three in Georgia.

Sect. 4. As the proportions of numbers in the different states will alter from time to time; as some of the States may hereafter be divided; as others may be enlarged by addition of territory; as two or more States may be united; as new States will be erected within the limits of the United States, the Legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the rule hereinafter made for direct taxation not exceeding the rate of one for every forty thousand. Provided that every State shall have at least one representative.

Sect. 6. 2 The House of Representatives shall have the sole power of impeachment. It shall choose its Speaker and other officers.

Sect. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the State, in the representation from which they shall happen.

V.

Sect. 1. The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall chuse two members. Vacancies happening by refusals to accept, resignations or otherwise may be supplied by the Legislature of the State in the representation of which such vacancies shall happen, or by the executive thereof until the next meeting of the Legislature. Each member shall have one vote.

Sect. 2. The Senators shall be chosen for six years; but immediately after they shall be assembled in consequence of the first election they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two and three. The seats of the members of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, of the third class at the expiration of the sixth year, so that a third part of the members may be chosen every second year.

Sect. 3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen of the United States for at least nine years before his election; and shall be, at the time of his election, an inhabitant of the State for which he shall be chosen.

Sect 4. The Senate shall chuse its own President and other officers.

VI.

Sect. 1. The times and places and the manner of holding the elections of the members of each House shall be prescribed by the Legislature of each State respectively; but regulations in each of the foregoing cases may, at any time, be made or altered by the Legislature of the United States.

Sect. 3. 3 In each House a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members in such manner and under such penalties as each House may provide.

Sect. 4. Each House shall be the judge of the elections, returns and qualifications of its own members.

Sect. 5. Freedom of speech and debate in the Legislature shall not be impeached or questioned in any court or place out of the Legislature; and the members of each House shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at Congress, and in going to and returning from it.

Sect. 6. Each House may determine the rules of its proceedings; may punish its members for disorderly behaviour; and may, with the concurrence of two thirds, expel a member.

Sect. 7. The House of Representatives, and the Senate, shall keep a journal of their proceedings, and shall, from time to time, publish them, except such parts thereof as in their judgment require secrecy; and the yeas and nays of the members of each House, on any question, shall, at the desire of one-fifth part of the members present, be entered on the journal.

Sect. 8. During the session of the Legislature neither House, without the consent of the other, shall adjourn for more than three days, nor to any place than that at which the two Houses are sitting.

Sect. 9. 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 during the time for which they shall respectively be elected — and no person holding any office under the United States shall be a Member of either House during his continuance in Office.

Sect. 10. The members of each House shall receive a compensation for their services, to be paid out of the Treasury of the United States, to be ascertained by law.

Sect. 11. The enacting stile of the laws of the United States shall be. “Be it enacted, by the Senate and Representatives in Congress assembled.

Sect. 12. 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 Treasury but in consequence of appropriations made by law.

Sect. 13. Every bill, which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States, for his revision; if, upon such revision, he approve of it, he shall signify his approbation by signing it: But if, upon such revision, it shall appear to him improper for being passed into a law, he shall return it, together with his objections against it, to that House in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider the bill. But if, after such reconsideration, three-fourths of that House shall, notwithstanding the objections of the President, agree to pass it, it shall, together with his objections, be sent to the other House, by which it shall likewise be reconsidered, and, if approved by three-fourths of the other House also, it shall become a law. But, in all such cases, the votes of both Houses shall be determined by Yeas and Nays; and the names of the persons voting for or against the bill shall be entered in the Journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law, unless the Legislature, by their adjournment, prevent its return; in which case it shall not be a law.

Sect. 14. Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (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.

VII.

Sect. 1. The Legislature shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States.

To regulate commerce with foreign nations, and among the several States; and with the Indian tribes.

To establish an uniform rule of naturalization throughout the United States;

To coin money;

To regulate the value of foreign coin;

To fix the standard of weights and measures;

To establish post-offices and post-roads;

To borrow money on the credit of the United States;

To appoint a Treasurer by joint ballot;

To constitute tribunals inferior to the supreme court;

To make rules concerning captures on land and water;

To define and punish piracies and felonies committed on the high seas, to punish the counterfeiting of the securities, and current coin of the United States, and offences against the law of nations;

To declare war; and grant letters of marque and reprisal.

To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years.

To provide maintain a navy;

To make rules for the government and regulation of the land and naval forces.

To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;

To make laws for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of the Officers, and the authority of training the militia according to the discipline prescribed by the United States.

To establish uniform laws on the subject of bankruptcies.

To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may by cession of particular States and the acceptance of the Legislature become the seat of the Government of the United States, and to exercise like authority over all Places purchased, by the consent of the Legislature of the State, for the erection of Forts, Magazines, Arsenals, Dock Yards and other needful buildings.

To promote the progress of science and useful arts by securing for limited times to Authors and Inventors the exclusive right to their respective writings and discoveries.

And to make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the government of the United States, or in any department or officer thereof.

All 4 debts contracted and engagements entered into, by or under the authority of Congress shall be as valid against the United States under this constitution as under the confederation.

Sect. 2. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. The Legislature shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attainted. The Legislature shall pass no bill of attainder nor any ex post facto laws.

Sect. 3. The proportions of direct taxation shall be regulated by the whole number of free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes) which number shall, within three years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such manner as the said Legislature shall direct.

Sect. 4. No tax or duty shall be laid by the Legislature on articles exported from any State. The migration or importation of such persons as the several States now existing shall think proper to admit shall not be prohibited by the Legislature prior to the year 1808 — but a tax or duty may be imposed on such importation not exceeding ten dollars for each person. Nor shall any regulation of commerce or revenue give preference to the ports of one State over those of another, or oblige Vessels bound to or from any State to enter, clear, or pay duties in another.

And all duties, imposts, and excises, laid by the Legislature, shall be uniform throughout the United States.

Sect. 5. No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken.

Sect. 7. 5 The United States shall not grant any title of nobility. No person holding any office of profit or trust under the United States, shall without the consent of the Legislature accept of any present, emolument, office, or title of any kind whatever, from any king, prince or foreign State.

VIII.

This Constitution and the Laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States shall be the supreme law of the several States, and of their citizens and inhabitants; and the judges in the several States shall be bound thereby in their decisions; any thing in the constitutions or laws of the several States to the contrary notwithstanding.

IX.

Sect. 1. The Senate of the United States shall have power to try all impeachments: but no person shall be convicted without the concurrence of two thirds of the Members present: and every Member shall be on oath.

X.

Sect. 1. The Executive power of the United States shall be vested in a single person. His stile shall be, “The President of the United States of America;” and his title shall be, “His Excellency.” He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected in the following manner.

Each State shall appoint, in such manner as it’s legislature may direct, a number of Electors equal to the whole number of Senators and Members of the House of representatives to which the State may be entitled in the Legislature. But no Person shall be appointed an Elector who is a member of the Legislature of the United States, or who holds any office of profit or trust under the United States.

The Electors shall meet in their respective States and vote by ballot for two Persons of whom one at least shall not be an inhabitant of the same State with themselves. — and they shall make a list of all the Persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the general Government, directed to the President of the Senate.

The President of the Senate shall in the presence of the Senate and House of representatives open all the certificates and the votes shall then be counted.

The Person having the greatest number of votes shall be the President (if such number be a majority of the whole number of the Electors appointed) and if there be more than one who have such a majority, and have an equal number of votes, then the House of representatives shall immediately choose by ballot one of them for President, the representation from each State having one vote — But if no Person have a majority, then from the five highest on the list, the House of representatives shall, in like manner, choose by ballot the President — In the choice of a President by the House of representatives a quorum shall consist of a Member or Members from two thirds of the States, and the concurrence of a majority of all the States shall be necessary to such choice. — and, in every case after the choice of the President, the Person having the greatest number of votes of the Electors shall be the vice-President: But, if there should remain two or more who have equal votes, the Senate shall choose from them the Vice President

The Legislature may determine the time of chusing the Electors and of their giving their votes — But the election shall be on the same day throughout the United States

The Legislature may declare by law what officer of the United States shall act as President in case of the death, resignation, or disability of the President and Vice President; and such Officer shall act accordingly, until such disability be removed, or a President shall be elected

Sect. 2. No Person except a natural born Citizen, or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and who has not been in the whole, at least 14 years a resident within the U. S.

Sect. 3. The Vice President shall be ex officio, President of the Senate, except when they sit to try the impeachment of the President, in which case the Chief Justice shall preside, and excepting also when he shall exercise the powers and duties of President, in which case, and in case of his absence, the Senate shall chuse a President pro tempore— The Vice President when acting as President of the Senate shall not have a vote unless the House be equally divided

Sect. 4. The President by and with the advice and consent of the Senate, shall have power to make treaties: and he shall nominate and by and with the advice and consent of the Senate shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other officers of the U. S. whose appointments are not otherwise herein provided for. But no Treaty shall be made without the consent of two thirds of the Members present.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting commissions which shall expire at the end of the next session of the Senate.

Sect. 2. 6 He shall, from time to time, give to the Legislature information of the State of the Union: and recommend to their consideration such measures as he shall judge necessary, and expedient: he may convene both or either of the Houses on extraordinary occasions, and in case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall take care that the laws of the United States be duly and faithfully executed: he shall commission all the officers of the United States; and shall appoint to all offices established by this constitution except in cases herein otherwise provided for, and to all offices which may hereafter be created by law. He shall receive Ambassadors, other public Ministers and Consuls. He shall have power to grant reprieves and pardons except in cases of impeachment. He shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called into the actual service of the United States; 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. He shall, at stated times, receive for his services, a compensation, which shall neither be encreased nor diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following Oath or Affirmation, “I— solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States of America, and will to the best of my judgment and power, preserve, protect and defend the Constitution of the United States.” He shall be removed from his office on impeachment by the House of representatives, and conviction by the Senate, for treason or bribery or other high crimes and misdemeanors against the United States; the Vice President and other civil Officers of the United States shall be removed from Office on impeachment and conviction as aforesaid; and in case of his removal as aforesaid, death, absence, resignation or inability to discharge the powers or duties of his office the Vice President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.

XI.

Sect. 1. The Judicial Power of the United States both in law and equity shall be vested in one Supreme Court, and in such Inferior Courts as shall, when necessary, from time to time, be constituted by the Legislature of the United States.

Sect. 2. The Judges of the Supreme Court, and of the Inferior courts, shall hold their offices during good behaviour. They shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Sect. 3. The Judicial Power shall extend to all cases both in law and equity arising under this Constitution and the laws of the United States, and treaties made or which shall be made under their authority; to all cases affecting Ambassadors, other Public Ministers and Consuls; to all cases of Admiralty and Maritime Jurisdiction; to Controversies to which the United States shall be a party, to controversies between two or more States (except such as shall regard Territory and Jurisdiction) between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof and foreign States, citizens or subjects. In cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all other cases beforementioned the Supreme Court shall have appellate jurisdiction both as to law and fact with such exceptions and under such regulations as the Legislature shall make.

Sect. 4. The trial of all crimes (except in cases of impeachments) shall be by jury and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State then the trial shall be at such place or places as the Legislature may direct.

The privilege of the writ of Habeas Corpus shall not be suspended; unless where in cases of rebellion or invasion the public safety may require it.

Sect. 5. Judgment, in cases of Impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy and office of honour, trust or profit under the United States. But the Party convicted shall nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law.

XII.

No State shall coin money; nor emit bills of credit, nor make anything but gold or silver coin a tender in payment of debts; nor pass any bill of attainder or ex post facto laws; nor grant letters of marque and reprisal, nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.

XIII.

No State, without the consent of the Legislature of the United States shall lay imposts or duties on imports or exports, nor with such consent but for the use of the treasury of the United States; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another State, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of a delay, until the Legislature of the United States can be consulted.

XIV.

The citizens of each State shall be entitled to all privileges and immunities of citizens of the several States.

XV.

Any person charged with treason, felony, or other crime in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive Power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.

If any Person bound to service or labor in any of the United States shall escape into another State, He or She shall not be discharged from such service or labor in consequence of any regulations subsisting in the State to which they escape; but shall be delivered up to the person justly claiming their service or labor.

XVI.

Full faith and credit shall be given in each State to the public Acts, records, and judicial proceedings of every other State, and the Legislature may be general laws prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof.

XVII.

New States may be admitted by the Legislature into this Union: but no new State shall be hereafter formed or erected within the jurisdiction of any of the present States, without the consent of the Legislature of such State as well as of the general Legislature. Nor shall any 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.

The Legislature shall have power to dispose of and make all needful rules and regulations 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 any particular State.

XVIII.

The United States shall guaranty to each State a Republican form of government; and shall protect each State against invasions, and, on the application of its Legislature or Executive, against domestic violence.

XIX.

The Legislature of the United States, whenever two thirds of both Houses shall deem necessary, or on the application of two thirds of the Legislatures of the several States, shall propose amendments to this Constitution which shall be valid to all intents and purposes as parts thereof, when the same shall have been ratified by three fourths at least of the Legislatures of the several States, or by Conventions in three fourths thereof, as one or the other mode of ratification may be proposed by the Legislature of the United-States: Provided that no amendments which may be made prior to the year 1808. shall in any manner affect the 4th and 5th Sections of article the 7th

XX.

The Members of the Legislatures, and the executive and judicial officers of the United States, and of the several States, shall be bound by oath or affirmation to support this Constitution.

But no religious test shall ever be required as a qualification to any office or public trust under the authority of the United States.

XXI.

The ratification of the Conventions of nine States shall be sufficient for organising this Constitution between the said States.

XXII.

This Constitution shall be laid before the United States in Congress assembled, and it is the opinion of this Convention that it should be afterwards submitted to a Convention chosen in each State, under the recommendation of its Legislature, in order to receive the ratification of such Convention.

XXIII.

To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Conventions of nine States, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution; that after such publication, the Legislatures of the several States should elect Members of the Senate, and direct the election of Members of the House of Representatives; and that the Members of the Legislature should meet at the time and place assigned by Congress and should, as soon as may be, after their meeting, proceed to execute this Constitution.

That it be an instruction to the Committee to prepare an address to the People to accompany the present constitution, and to be laid with the same before the United States in Congress. 7

Mr. Randolph moved to refer to the Committee also a motion relating to pardons in cases of Treason — which was agreed to nem: con: 7

TUESDAY, SEPTEMBER 11, 1787.

JOURNAL
Tuesday September 11. 1787.

The House met — but the Committee of revision not having reported, and there being no business before the Convention

The House adjourned.

MADISON
Tuesday Sepr. 11. 1787. In Convention

The report of the Committee of Stile arrangement 1 not being made being waited for,

the House Adjourned

WEDNESDAY, SEPTEMBER 12, 1787.

JOURNAL
Wednesday September 12. 1787.

The honorable Mr Johnson from the Committee of revision informed the House that the Committee were prepared to report the Constitution as revised and arranged.

The report was then delivered in at the Secretary’s table 1 —and having been once read throughout.

Ordered that the Members be furnished with printed copies thereof. 1

The draught of a letter to Congress being at the same time reported — was read once throughout, and afterwards agreed to by paragraphs.

It was moved and seconded to reconsider the 13th sect. of the 6th article

which passed in the affirmative

It was moved and seconded to strike out the words three fourths and to insert the words “two thirds” in the 13 sect of the 6th article

which passed in the affirmative [Ayes — 6; noes — 4; divided — 1.]

It was moved and seconded to appoint a Committee to prepare a Bill of rights

which passed in the negative [Ayes — 0; noes — 10.] 2

It was moved and seconded to reconsider the 13th article in order to add the following clause

at the end of the 13 article.

“Provided nothing herein contained shall be construed to restrain any State from laying duties upon exports, for the sole purpose of defraying the charges of inspecting, packing, storing, and indemnifying the losses in keeping the Commodities, in the care of public Officers, before exportation”

It was agreed to reconsider 3

D ETAIL OF A YES AND N OES
New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia No Carolina So Carolina Georgia Questions ayes noes divided
[510] dd no aye aye no no aye no aye aye aye ⅔rds of the Legislature instead of ¾ths to repass a law.
[511] no no no no no no no no no no To appoint a Committee to prepare a Bill of rights 0 10
[512] aye aye aye aye aye aye aye aye aye aye
[513] no aye no aye no aye aye aye aye aye To agree to Commodities 7 3

Letter to Congress 3 a

We have now the Honor to submit to the Consideration of the United States in Congress assembled that Constitution which has appeared to us the most advisable.

The Friends of our Country have long seen and desired that the Power of making war Peace and Treaties, that of levying Money regulating Commerce and the correspondent executive and judicial Authorities should be fully and effectually vested in the general Government of the Union. But the Impropriety of delegating such extensive Trust to one Body of Men is evident. Hence results the Necessity of a different Organization.

It is obviously impracticable - - - - in the fœderal Government of these States to secure all Rights of independent Sovereignty to each and yet provide for the Interest and Safety of all. Individuals entering into Society must give up a Share of Liberty to preserve the Rest. The Magnitude of the Sacrifice must depend as well on Situation and Circumstances as on the Object to be obtained. It is at all Times difficult to draw with Precision the Line between those Rights which must be surrendered and those which may be reserved And on the present Occasion this Difficulty was encreased by a Difference among the several States as to their Situation Extent Habits and particular Interests.

In all our Deliberations on this Subject we kept steadily in our View that which appears to us the greatest Interest of every true American The Consolidation 3 b of our Union in which is involved our Prosperity Felicity Safety perhaps our national Existence. This important Consideration seriously and deeply impressed on our Minds led each State in the Convention to be less rigid on Points of inferior Magnitude than might have been otherwise expected. And thus the Constitution which we now present is the Result of a Spirit of Amity and of that mutual Deference Concession which the Peculiarity of our political Situation rendered indispensible. 3 c

That it will meet the full and entire approbation of every 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 — 3 d

MADISON
Wednesday Sepr 12. 1787— In Convention

Docr. 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. (here insert a transcript 〈of the former from the annexed sheet as printed * and of the latter from the draft as finally agreed to〉 4

Mr. Williamson moved to reconsider the clause requiring three fourths of each House to overrule the negative of the President, in order to strike out ¾ and insert ⅔. He had he remarked himself proposed ¾ instead of ⅔, but he had since been convinced that the latter proportion was the best. The former puts too much in the power of the President.

Mr. Sherman was of the same opinion; adding that the States would not like to see so small a minority and the President, prevailing over the general voice. In making laws regard should be had to the sense of the people. who are to be bound by them, and it was more probable that a single man should mistake or betray this sense than the Legislature

Mr Govr Morris. Considering the difference between the two proportions numerically, it amounts in one House to two members only; and in the other to not more than five, according to the numbers of which the Legislature is at first to be composed — It is the interest moreover of the distant States to prefer ¾ as they will be oftenest absent and need the interposing check of the President. The excess rather than the deficiency of laws was to be dreaded. The example of N. York shows that ⅔ is not sufficient to answer the purpose.

Mr. Hamilton added his testimony to the fact that ⅔ in N. York had been ineffectual either where a popular object, or a legislative faction operated; of which he mentioned some instances.

Mr. Gerry. It is necessary to consider the danger on the other side also. ⅔ will be a considerable, perhaps a proper security. ¾ puts too much in the power of a few men — The primary object of the revisionary check in the President is not to protect the general interest, but to defend his own department. If ¾ be required, a few Senators having hopes from the nomination of the President to offices, will combine with him and impede proper laws. Making the vice-President Speaker increases the danger,

Mr. Williamson was less afraid of too few than of too many laws. He was most of all afraid that the repeal of bad laws might be rendered too difficult by requiring ¾ to overcome the dissent of the President.

Col: Mason had always considered this as one of the most exceptionable parts of the System. As to the numerical argument of Mr. Govr. Morris, little arithmetic was necessary to understand that ¾ was more than ⅔, whatever the numbers of the Legislature might be. The example of New York depended on the real merits of the laws. The Gentlemen citing it, had no doubt given their own opinions. But perhaps there were others of opposite opinions who could equally paint the abuses on the other side. His leading view was to guard against too great an impediment to the repeal of laws.

Mr. Govr. Morris dwelt on the danger to the public interest from the instability of laws, as the most to be guarded against. On the other side there could be little danger. If one man in office will not consent when he ought, every fourth year another can be substituted. This term was not too long for fair experiments. Many good laws are not tried long enough to prove their merit. This is often the case with new laws opposed to old habits. The Inspection laws of Virginia Maryland to which all are now so much attached were unpopular at first.

Mr. Pinkney was warmly in opposition to ¾ as putting a dangerous power in the hands of a few Senators headed by the President.

Mr. Madison. When ¾ was agreed to, the President was to be elected by the Legislature and for seven years — He is now to be elected by the people and for four years. The object of the revisionary power is twofold. 1. to defend the Executive Rights 2. to prevent popular or factious injustice. It was an important principle in this in the State Constitutions to check legislative injustice and incroachments. The Experience of the States had demonstrated that their checks are insufficient. We must compare the danger from the weakness of ⅔ with the danger from the strength of ¾. He thought on the whole the former was the greater. As to the difficulty of repeals, it was probable that in doubtful cases the policy would soon take place of limiting the duration of laws so as to require renewal instead of repeal.

The reconsideration being agreed to On the question to insert ⅔ in place of ¾.

N— H— divd. Mas. no. Ct. ay. N— J. ay. Pa. no. Del. no. Md. ay. Mr McHenry no. Va no. Genl. Washington Mr. Blair, Mr. Madison no. Col. Mason, Mr. Randolph ay. N— C.— ay. S— C. ay. Geo. ay. [Ayes — 6; noes — 4; divided — 1.]

Mr. Williamson, observed to the House that no provision was yet made for juries in Civil cases and suggested the necessity of it. 5

Mr. Gorham. It is not possible to discriminate equity cases from those in which juries are proper. The Representatives of the people may be safely trusted in this matter.

Mr. Gerry urged the necessity of Juries to guard agst. corrupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries.

Col: Mason perceived the difficulty mentioned by Mr. Gorham. The jury cases cannot be specified. A general principle laid down on this and some other points would be sufficient. He wished the plan had been prefaced with a Bill of Rights, would second a Motion if made for the purpose — It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours. 6

Mr Gerry concurred in the idea moved for a Committee to prepare a Bill of Rights. Col: Mason 2ded the motion.

Mr. Sherman. was for securing the rights of the people where requisite. The State Declarations of Rights are not repealed by this Constitution; and being in force are sufficient — There are many cases where juries are proper which cannot be discriminated. The Legislature may be safely trusted.

Col: Mason. The Laws of the U. S. are to be paramount to State Bills of Rights. On the question for a Come to prepare a Bill of Rights

N. H. no. Mas. abst. Ct no. N— J— no. Pa. no. Del— no. Md no. Va no. N— C. no. S— C— no— Geo— no. [Ayes — o; noes — 10; absent — 1.]

The Clause relating to exports being reconsidered, at the instance of Col: Mason, Who urged that the restriction on the States would prevent the incidental duties necessary for the inspection safe-keeping of their produce, and be ruinous to the Staple States, as he called the five Southern States, he moved as follows — ‘provided nothing herein contained shall be construed to restrain any State from laying duties upon exports for the sole purpose of defraying the Charges of inspecting, packing, storing and indemnifying the losses, in keeping the commodities in the care of public officers, before exportation,” In answer to a remark which he anticipated, to wit, that the States could provide for these expences, by a tax in some other way, he stated the inconveniency of requiring the Planters to pay a tax before the actual delivery for exportation. 7

Mr Madison 2ded the motion — It would at least be harmless; and might have the good effect of restraining the States to bona fide duties for the purpose, as well as of authorizing explicitly such duties; tho’ perhaps the best guard against an abuse of the power of the States on this subject, was the right in the Genl. Government to regulate trade between State State.

Mr Govr Morris saw no objection to the motion. He did not consider the dollar per Hhd laid on Tobo in Virga. as a duty on exportation, as no drawback would be allowed on Tobo. taken out of the Warehouse for internal consumption,

Mr. Dayton was afraid the proviso wd. enable Pennsylva. to tax N. Jersey under the idea of Inspection duties of which Pena. would Judge.

Mr. Gorham Mr. Langdon, thought there would be no security if the proviso shd. be agreed to, for the States exporting thro’ other States, agst. oppressions of the latter. How was redress to be obtained in case duties should be laid beyond the purpose expressed?

Mr. Madison — There will be the same security as in other cases — The jurisdiction of the supreme Court must be the source of redress. So far only had provision been made by the plan agst. injurious acts of the States. His own opinion was, that this was insufficient, — A negative on the State laws alone. could meet all the shapes which these could assume. But this had been overruled.

Mr Fitzimons. Incidental duties on Tobo. flour. never have been never can be considered as duties on exports —

Mr Dickinson. Nothing will save States in the situation of N. Hampshire N Jersey Delaware c. from being oppressed by their Neighbors, but requiring the assent of Congs to inspection duties, He moved that this assent shd accordingly be required

Mr. Butler 2ded the motion.

Adjourned

McHENRY
Monday Sepr. 10, 11 and 12.

Spent in attempts to amend several parts of the system.

12 — amended the sect art from ¾ to ⅔, — as it stood in the printed report at first.

Report of Committee of Style 8

WE, the People of the United States, in order to form

a more perfect union, to establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

Sect. 1. ALL legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of 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.

〈( a )〉 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.

〈( b )〉 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-Hampshire shall be entitled to chuse three, Massachusetts 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.

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

〈( d )〉 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.

〈( a )〉 Immediately after they shall be assembled in consequence of the first election, they shall be divided 〈 * (by lot)〉 as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year: and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any state, the Executive thereof may make temporary appointments until the next meeting of the Legislature.

〈( b )〉 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.

〈( c )〉 The Vice-President of the United States shall be, ex officio, 9 President of the senate, but shall have no vote, unless they be equally divided.

〈( d )〉 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.

〈( e )〉 The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two-thirds of the members present.

〈( f )〉 Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Sect. 4. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof: but the Congress may at any time by law make or alter such regulations.

〈( a )〉 The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

Sect. 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.

〈( a )〉 Each house may determine the rules of its proceedings; punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.

〈( b )〉 Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.

〈( c )〉 Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Sect. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

〈( a )〉 No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been encreased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.

Sect. 7. The enacting stile of the laws shall be, “Be it enacted by the senators and representatives in Congress assembled.”

〈( a )〉 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.

〈( b )〉 Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States. If he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 10

〈( c )〉 Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by * three-fourths of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

Sect. 8. The Congress may by joint ballot appoint a treasurer. They shall have power.

〈( a )〉 To lay and collect taxes, duties, imposts and excises; to pay the debts and provide for the common defence and general welfare 12 of the United States. 〈but all duties imposts excises shall be uniform throughout the U. States.〉 13

〈( b )〉 To borrow money on the credit of the United States.

〈( c )〉 To regulate commerce with foreign nations, among the several states, and with the Indian tribes.

〈( d )〉 To establish an uniform rule of naturalization 14 and uniform laws on the subject of bankruptcies throughout the United States.

〈( e )〉 To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.

〈( f )〉 To provide for the punishment of counterfeiting the securities and current coin of the United States.

〈( g )〉 To establish post offices and post roads.

〈( i )〉 To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

〈( j )〉 To constitute tribunals inferior to the supreme court.

〈( k )〉 To define and punish piracies and felonies committed on the high seas, and 〈 * (punish)〉 offences against the law of nations.

〈( l )〉 To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

〈( m )〉 To raise and support armies: but no appropriation of money to that use shall be for a longer term than two years.

〈( n )〉 To provide and maintain a navy.

〈( o )〉 To make rules for the government and regulation of the land and naval forces.

〈( p )〉 To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.

〈( q )〉 To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

〈( r )〉 To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings — And

〈( s )〉 To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department of officer thereof.

Sect. 9. The migration or importation of such persons as the several states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

〈( a )〉 The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

〈( b )〉 No bill of attainder shall be passed, nor any ex post facto law.

〈( c )〉 No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken.

〈( d )〉 No tax or duty shall be laid on articles exported from any state. 〈No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another — nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another.〉 15

〈( e )〉 No money shall be drawn from the treasury, but in consequence of appropriations made by law.

〈( f )〉 No title of nobility shall be granted by the United States. And no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

Sect. 10. No state shall coin money, 15 nor emit bills of credit, nor make any thing but gold or silver coin a tender in payment of debts, nor pass any bill of attainder, nor ex post facto laws, nor laws altering or impairing the obligation of contracts; nor grant letters of marque and reprisal, nor enter into any treaty, alliance, or confederation, nor grant any title of nobility.

〈( a )〉 No state shall, without the consent of Congress, lay imposts or duties on imports or exports, nor with such consent, but to the use of the treasury of the United States. 17 Nor 18 keep troops nor ships of war in time of peace, nor enter into any agreement or compact with another state, nor with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of delay until the Congress can be consulted.

II.

Sect. 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected in the following manner:

〈( a )〉 Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in Congress: but no senator or representative shall be appointed an elector, nor any person holding an office of trust or profit under the United States.

〈( b )〉 The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the general government, directed to the president of the senate. The president of the senate shall in the presence of the senate and house of representatives open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately chuse by ballot one of them for president; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, and not per capita, 19 the representation from each state having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president by the representatives, 20 the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president.

〈( c )〉 The Congress may determine the time of choosing the electors, and the time in 21 which they shall give their votes; but the election shall be on the same day 22 throughout the United States.

〈( d )〉 No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

〈( e )〉 In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or the period for chusing another president arrive. 23

〈( f )〉 The president shall, at stated times, receive a fixed compensation for his services, which shall neither be encreased nor diminished during the period for which he shall have been elected.

〈( g )〉 Before he enter on the execution of his office, he shall take the following oath or affirmation: “I —, do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my judgment and power, preserve, protect and defend the constitution of the United States.”

Sect. 2. The president shall be commander in chief of the army and navy of the United States, and of the militia of the several States 24 : he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, when called into the actual service of the United States, 24 and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

〈( a )〉 He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for.

〈( b )〉 The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.

Sect. 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient: he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall receive ambassadors and other public ministers: he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Sect. 4. The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.

III.

Sect. 1. The judicial power of the United States, both in law and equity, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Sect. 2. The judicial power shall extend to all cases, both in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. To all cases affecting ambassadors, other public ministers and consuls. To all cases of admiralty and maritime jurisdiction. To controversies to which the United States shall be a party. To controversies between two or more States; between a state and citizens of another state; between citizens of different States; between citizens of the same state claiming lands under grants of different States, and between a state, or the citizens thereof, and foreign States, citizens or subjects.

In cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

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 state, the trial shall be at such place or places as the Congress may by law have directed.

Sect. 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood nor forfeiture, except during the life of the person attainted.

IV.

Sect. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

Sect. 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled be delivered up, and removed to the state having jurisdiction of the crime.

No person legally held to service or labour in one state, escaping into another, shall in consequence of regulations subsisting therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labour may be due.

Sect. 3. New states may be admitted by the Congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States: and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

Sect. 4. The United States shall guarantee to every state in this union a Republican form of government, and shall protect each of them against invasion; and on application of the legislature or executive, against domestic violence.

V.

The Congress, whenever two-thirds of both houses shall deem necessary, or on the application of two-thirds 25 of the legislatures of the several states, shall propose amendments to this constitution, which shall be valid to all intents and purposes, as part thereof, when the same shall have been ratified by three-fourths at least of 26 the legislatures 27 of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year 1808 shall in any manner affect the and 28 sections of 29 article

VI.

All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the confederation.

This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

The senators and representatives beforementioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.