“and not per capita” crossed out by Madison.
“by the representatives” crossed out by Madison.
“time in” crossed out and “day on” substituted by Madison.
“but the election shall be on the same day” crossed out and “which day shall be the same” interlined by Madison.
“the period for chusing another president arrive” crossed out, and “a president be chosen” inserted by Madison.
Madison indicated by signs that the clause “when called into the actual service of the United States” should follow immediately after “militia of the several States”.
“of two-thirds” crossed out by Madison, and inserted again after “legislatures”.
“three-fourths at least of” crossed out by Madison.
“of three-fourths” inserted by Madison.
“and” crossed out, and “1 4 clauses in the 9” inserted by Madison.
“the first” interlined by Madison.
Note in margin “Present from N H”.
Vote 514, Detail of Ayes and Noes. Votes 512-513, Detail of Ayes and Noes, might be repeated here. They are as likely to belong to this day’s records as to those of September 12.
Vote 515, Detail of Ayes and Noes.
Votes 516-522, Detail of Ayes and Noes.
〈This motion appointment of the Comittee, not in the printed Journal. No report was made by the Come.〉
See also August 25, note 13.
〈See page 372 of the printed Journal.〉
See Appendix A, CXCII.
The proceedings on these resolutions are not given in the Journal nor by Madison; in the report to Congress September 28, 1787, they are dated September 17.
Crossed out: “It was moved and seconded to reconsider the 3 clause of the 2d sect. 1st article which passed in the negative. It was moved and seconded to add the words ‘which shall then fill such vacancies’ after the words ‘meeting of the Legislature’ in the 2d clause of the 3d sect. 1st article which passed in the affirmative.” See further Detail of Ayes and Noes, Votes 523-540.
Journal (pp. 377-378) adds the following amendments, which may have been taken from the interlineations of the Brearley copy or may have been supplied by Madison: — “Add at the end of the first clause of the eighth section, first article, ‘but all duties, imposts and excises, shall be uniform throughout the United States.’ Add at the end of the fifth clause of the ninth section, first article, ‘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.’ Add at the end of the sixth clause of the ninth section, first article, ‘and a regular statement and account of the receipts and expenditures of all publick money shall be published from time to time.’ ”
Journal (pp. 378-379) adds the following changes, evidently compiled from the interlineations of the Brearley copy: — “Article first, second section, clause fifth. Strike out the word ‘they.’ Article first, section third, clause second. Add at the end of the clause, after the word ‘legislature,’ the words ‘which shall then fill such vacancies.’ Article first, section third, clause fourth. Strike out the words ‘ex officio.’ Article first, section third, clause sixth. After the word ‘oath’ insert ‘or affirmation.’ Article first, section eighth, clause third. After the word ‘nations,’ insert the word ‘and.’ Article first, section ninth, clause first. Strike out the word ‘several,’ and between the words ‘as’ and ‘the,’ insert the words ‘any of.’ Alter the third clause so as to read, ‘no bill of attainder, or ex post facto law shall be passed.’ In the fourth clause, after the word ‘capitation,’ insert the words ‘or other direct.’ Article first, section tenth, clause first, was variously amended, to read as follows: ‘No State shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, make any thing but gold or silver coin a tender in payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.’ ”
〈“By lot” had been reinstated from the Report of five made Aug. 6. as a correction of the printed report by the Come of stile arrangement.〉
See Appendix A, CCX.
Detail of Ayes and Noes, Vote 526, records a question to reconsider the 1st clause of this section, which was defeated.
In the margin of his copy of the draft of September 12, Mason has worded this proposed change: “of the journals of the senate,” and has written opposite it — “refused”.
Crossed out: “Seven States were in the Negative: three in the affirmative: one divided.” Madison evidently inserted the vote in the text from the list sent to him by John Quincy Adams (see above September 12, note 2). This is Vote 521, Detail of Ayes and Noes.
Detail of Ayes and Noes, Vote 532, records the adoption of a motion to reconsider this clause.
〈This motion by Dr. Franklin not stated in the printed Journal, as are some other motions.〉
Upon this discussion, see Appendix A, CCLVII-CCLX, CCLXXVIII, CCCL, CCCLIII, CCCLXXIV.
See Appendix A, CCLV, CCCXC.
Taken from Journal.
Detail of Ayes and Noes, Vote 537, makes this a motion “to reconsider the ex post facto clause”, which is more in keeping with Gerry’s remarks in seconding it.
Crossed out “N. H. no. Mas. no. . . . Geo. no.”
See Pinckney’s proposition on August 20, and Appendix A, CLXXIII, CXCII.
〈In the printed Journal N. Hampshire ay.〉
McHenry agrees with Detail of Ayes and Noes, Vote 538, in making the vote Ayes, 5; noes, 6.
Taken from Journal.
This paragraph is possibly a later insertion. If so it was taken from Journal. See above note 2.
“obligation of contracts”, see above August 28 and Appendix A, CCXXIX, CCCXCVIII.
Crossed out “It was moved and seconded to appoint a Committee to prepare an address to the People of the United States to accompany the Constitution which passed in the negative. It was moved and seconded to reconsider the 3rd clause, 2nd sect, 1st article. which passed in the affirmative It was moved and seconded to —”
See further Votes 541-566, Detail of Ayes and Noes.
Journal (pp. 383-385) adds the following amendments, evidently compiled from the interlineations of the Brearley copy: —
Article second, section first, clause first. Strike out the words “in the following manner,” and insert in their stead the words “as follows.”
Section first, clause second. Transpose the words “shall be appointed an elector,” to the end of the clause; and instead of the word “nor” read “or.”
Section first, clause third. Strike out the words “and not per capita,” and the words “by the representatives.”
Section first, clause fourth. Strike out the words “time in,” and insert the words “day on;” strike out “but the election shall be on the same day,” and insert “which day shall be the same.”
Section first, clause seventh. Instead of “receive a fixed compensation for his services,” read “receive for his services a compensation.”
In the oath to be taken by the president, strike out the word “judgment,” and insert “abilities.”
Section second, clause first. After the words “militia of the several states,” add the words “when called into the actual service of the United States.”
Section second, clause second. After the words “provided for,” add “and which shall be established by law.”
Article third, section first. Strike out the words “both in law and equity.”
Section second, clause first. Strike out the word “both.” . . .
Article fourth, section second, clause second. Instead of “and removed,” read “to be removed.”
Section second, clause third. For “of regulations subsisting,” read “of any law or regulation.” . . .
Article fourth, section fourth. After the word “executive,” insert “when the legislature cannot be convened.”
〈In the printed Journal N. Carolina— no S. Carol: omitted.〉
Taken from Journal, which ascribes Vote 545, Detail of Ayes and Noes, to this question. The correctness of this is doubtful.
See Appendix A, CCCLXVI.
See also Appendix A, CLVIII (79).
Based upon Journal (p. 383). See above note 1.
Crossed out “in another place”. Change accords with Journal, p. 384.
Taken from Journal, see above note 1.
In the margin of his copy of the draft of September 12, Mason had written:
“Article 5th —By this article Congress only have the power of proposing amendments at any future time to this constitution and should it prove ever so oppressive, the whole people of America can’t make, or even propose alterations to it; a doctrine utterly subversive of the fundamental principles of the rights and liberties of the people.”
See also Appendix A, CCLXIX.
See Appendix A, CCC.
See Appendix A, CLI.
Upon this proposal, see above August 31 and September 10, and Appendix A, CXXXI, CLXIV, CCXXXV.
For Mason’s objections, see below (with references under note 21).
See Appendix A, CLXX.
See King’s copy of these below, also Appendix A, CXXVIII, CXXXIII, CLVII, CLXXV.
In addition to the changes noted above in the Records, September 13-15, the following have been compiled from the Baldwin, Brearley and Washington copies of the draft of September 12:—
Article 1, Section 7, paragraph 1 — “The enacting stile . . . ” struck out.
Article II, Section 1, paragraph 3 — “government of the United States” substituted for “general government”.
Article II, Section 1, paragraph 8 — the dash “—” after “I” struck out.
Article III, Section 3, paragraph 2 — “or” substituted for “nor” before “forfeiture” and the comma “,” after “forfeiture” struck out.
The session continued until 6 p.m. See Appendix A, CIX.
On a loose scrap of paper among the McHenry MSS.
[On back of sheet:] no no no no | aye aye aye aye aye aye
Taken from K. M. Rowland, Life of George Mason, II, 383-385.
This was written by Mason on the blank pages of his copy of the draft of September 12. Mason supplied copies of this in one form or another to several people, and it was finally printed in pamphlet form. Angle brackets indicate additions or changes made before printing. (It is reprinted here from Rowland’s Life of George Mason, II, 387-390).
See above August 31, and Appendix A, CXXVI, CXXXIV, CXXXVII, CLI, CLV, CXCIV, CCII.
Franklin seems to have sent copies of this speech in his own handwriting to several of his friends, and one of these soon found its way into print (see Carey’s American Museum, II, pp. 558-559). After examining several of these copies, it seems probable that Madison’s copy represents the speech as it was read. The others all embody subsequent modifications. See further Appendix A, CXXVIII, CLXXXVII, CC.
Upon this change to 30,000 see Appendix A, CXLVII, CLVIII (39), CCXVIII, CCXLVI.
Crossed out “he made a few observations”.
Crossed out “of such peculiar importance was its amendments, he could not therefore suppress his approbation of the mo”.
This was the only occasion on which the President entered at all into the discussions of the Convention.
Crossed out: “yielding to his own judgment against so”.
Upon Randolph’s refusal to sign, see above September 15, and Appendix A, CXIV, CXXXI, CXXXVII, CCV.
Crossed out “results of all deliberations”.
Crossed out “probably”.
Taken from Journal.
Genl Pinkney Mr. Butler disliked the equivocal form of the signing, and on that account voted in the negative
See further appendix A, CX, CXI, CCCXX.
This negative of Maryland was occasioned by the language of the instructions to the Deputies of that State, which required them to report to the State, the proceedings of the Convention.
For the subsequent history of these papers, see Introduction.
See above note 6, and Appendix A, CVIII, CX, CXXIV, CXXXVII, CLVI, CLXXXIX, CCXLII, CCXLIV, CCCLIX, CCCLXII.
See Appendix A, CX.
The Constitution is engrossed on four sheets of parchment (13½″ × 15½″). The present copy attempts to reprint the original exactly, except that interlineations are indicated by enclosing them in angle brackets 〈 〉. The indented note at the end is in the original.
An erasure in the manuscript.