Vote 155, Detail of Ayes and Noes, which notes that this substitute was offered “by Mr. Pinkney”.
See Appendix A, CCCXXXII.
Revised from Journal.
See Appendix A, CXCII.
See Appendix A, CLVIII (7), CCXXXVIII.
Crossed out “that would either fulfill the public wishes, or a credit to the Convention”.
Crossed out “force or ability”.
See Appendix A, CLVIII (38).
[Endorsed:] 15 July | Senate. shall the States be | Equal in the number of Senators, | inequality lost by vote | of Mass —
Votes 158, 159, Detail of Ayes and Noes.
Revised from Journal.
Copied from Journal.
On this compromise, see Appendix A, LXV a, CXXV, CXLVI a, CLVI, CLVIII (26-27), CLXVI, CLXX, CLXXVII, CLXXVIII, CLXXXVIII, CXCI, CXCIII, CCI, CCXVI, CCXIX, CCXXV, CCXXX, CCLXII, CCLXIV, CCLXVII, CCLXXIV, CCC, CCCIII, CCCV, CCCXIII, CCCXIX, CCCXXVI, CCCXXXVI, CCCLXIII, CCCLXXI, CCCLXXII, CCCLXXXIII, CCCC. Upon the general compromising spirit of the Convention, see Appendix A, XXXII, XXXVIII, LXXXV, CXIII, CXXVI a, CXXXVII, CXL, CXLII, CLXXXVI, CC, CC a, CCXVII, CCXXIV, CCXXXII, CCLXXXII, CCLXXXIX, CCCII, CCCXLI.
Revised from Journal.
See Appendix A, LVIII.
See further Appendix A, LXIII.
See Appendix A, CXXXVII, CCCLXXI.
Vote 160, Detail of Ayes and Noes, which notes that the motion was “offered by Mr. Sherman”.
Vote 161, Detail of Ayes and Noes, which notes that the amendment was “offered by Mr. Bedford”.
Vote 162, Detail of Ayes and Noes.
Vote 170, Detail of Ayes and Noes. Immediately following this, the printed Journal (pp. 185-6) inserted from Detail of Ayes and Noes (Votes 171-173):—
“It was moved and seconded to reconsider the vote to strike out the words, ‘to be ineligible a second time’.”
“Passed unanimously (eight states) in the affirmative.
It was moved and seconded to reconsider immediately.
Passed in the affirmative. . . . [Ayes — 6; Noes — 2.]
It was moved and seconded to reconsider the clause to-morrow.
“Passed unanimously in the affirmative.”
This is probably an error. There is nothing in the Journal or Detail of Ayes and Noes which would assign these questions to July 17 rather than to July 18. Madison did not originally record any of these questions on July 17, but Madison does record two of them on July 18. That only eight states voted corresponds to the attendance on July 18 rather than July 17. The “to-morrow” on which the question was reconsidered was July 19. These questions, therefore, doubtless belong to the records of July 18.
Revised from Journal.
See Appendix A, CXXIII.
Madison originally recorded but struck out that the question was “for postponing in order to take on” Sherman’s motion.
Revised from Journal.
Revised from Journal.
“Rh. Isd. ” twice struck out.
See Appendix A, CXXXVII.
Taken from Journal. Madison had originally recorded only the substance.
For Martin’s explanation of this resolution, see Appendix A, CLXXXIX, CXCII, also CXXXVII, CLXIII, CCLXXII, CCCLXXXVIII, CCCXCI. See further, above June 8, note 3, and below August 23.
Madison originally recorded this motion, that the electors were to be appointed by the “Natl Legislature.” It was revised from Journal.
Madison originally recorded the vote in detail — ten states, each “ay”.
〈The probable object of this motion was merely to enforce the argument against the re-eligibility of the Executive Magistrate, by holding out a tenure during good behaviour as the alternative for keeping him independent of the Legislature.〉
〈The view here taken of the subject was meant to aid in parrying the animadversions likely to fall on the motion of Dr. McClurg, for whom J. M. had a particular regard. 15 The Docr. though possessing talents of the highest order, was modest unaccustomed to exert them in public debate.〉
Crossed out “and whose appointment to the Convention he had actively promoted.”
See Appendix A, CCLXX, CCXCV.
- This vote is not to be considered as any certain index of opinion, as a number in the affirmative probably had it chiefly in view to alarm those attached to a dependence of the Executive on the Legislature, thereby facilitate some final arrangement of a contrary tendency. 〈The avowed friends of an Excutive, “during good behaviour” were not more than three or four nor is it certain they would finally have adhered to such a tenure. An independence of the three great departments of of each other, as far as possible, and the responsibility of all to the will of the community seemed to be generally admitted as the true basis of a well constructed government.〉
There was no debate on this motion the apparent object of many in the affirmative was to secure the reeligibility by shortening the term, and of many in the negative to embarrass the plan of referring the appointment dependence of the Eexcutive to the Legislature.
Taken from Journal which is in error, see above note 4.
See further Appendix A, LXIV.
Votes 171-173, Detail of Ayes and Noes. It required a unanimous vote to reconsider immediately. Upon the assignment of these questions to this day, see July 17 note 4.
Vote 180, Detail of Ayes and Noes.
Revised from Journal, where questions and votes are given in greater detail.
Madison originally added “nem con.” but apparently in view of Vote 174 printed in Journal struck this out.
Madison is evidently wrong in stating that Resolution 10 was “agreed to nem. con.” According to the Journal it was postponed. It was passed July 21 (see Records of that date).
Madison originally recorded this as “⅚”.
Revised from Journal.
Revised from Journal, originally Madison recorded “unless”.
Taken from Journal.
Stricken out “and [illegible words] plea during the life of Judges.”
See Appendix A, CCXV.
Taken from Journal.
See also Appendix A, CLVIII (50).
Taken from Journal.
〈In the printed Journal, S. Carolina — no.〉
Revised from Journal.
See Appendix A, LXV.
Vote 181, Detail of Ayes and Noes. Vote there given is Ayes, 9; noes, 1; but “No Caroa withdraw their negative.”
Vote 187, Detail of Ayes and Noes (July 20) shows that this proposition was “Mr. Ellsworth’s”.
Votes 182 and 183, Detail of Ayes and Noes, showing question was divided.
Vote 185, Detail of Ayes and Noes.
Vote 186, Detail of Ayes and Noes.
Vote 184, Detail of Ayes and Noes. The order of these votes in Detail of Ayes and Noes is confirmed by Madison.
See further Appendix A, CCXII.
Crossed out: “It was the source from which the Legislature He was persuaded”.
Crossed out “Eastern ”.
Journal gives this 100,000.
〈In the printed Journal Cont. no. N. Jersey ay〉
Vote 187, Detail of Ayes and Noes, which notes that the proposition was “Mr. Gerry’s”.
Vote 188, Detail of Ayes and Noes. Cf. Madison’s report of these proceedings.
Vote 194, Detail of Ayes and Noes.
In the Detail of Ayes and Noes at this point the secretary of the Convention did something which was quite misleading: He wrote the question in the blank of 195, but recorded the votes in the space below, i. e., in 196. When the first question was taken on August 16, he was evidently unprepared and recorded the vote in the first available blank which happened to be that of 195, and wrote the question “14 sect. of the 6 article” after the question the vote of which had been recorded. This accounts for New Hampshire’s vote, and Madison notes that Massachusetts was absent when this vote was taken on August 16. When John Quincy Adams prepared the printed Journal he failed to solve this difficulty. He accordingly ignored Vote 196, and ascribed the vote of August 16 to the first question in the blank of 195. He ascribed the vote of New Hampshire to Massachusetts and recorded the total as “Yeas, 9; nay, 1,” in spite of the fact that the Journal specifically stated that the question was “passed unan: in the affirmative.” Madison was misled by this, see below.
Vote 197, Detail of Ayes and Noes.
100,000 is not as Madison reported this on July 19, but accords with the Journal.
Madison reports this same motion made July 19, but perhaps not seconded and now repeated.
Madison’s account of these proceedings differs from the Journal, but the result is the same.
Crossed out: “To punish him when”.
Crossed out: “for life”.
Crossed out: “He wished this were the case. But it was not.”
Crossed out “trial”.
Crossed out “rendering them unnecessary”.
Taken from Journal.
Madison originally had added to preceding question “to be paid out of the Natl treasury” and had recorded the whole as agreed to unanimously. He was misled by Journal into making the changes incorporated in the text. See above note 3.
This motion by Gerry and Morris is placed earlier in the Journal.
Vote 63, Detail of Ayes and Noes, see above, Records of June 15.
The secretary was evidently unprepared when this first question was taken, and recorded it in a convenient blank space which happened to be at the bottom of the 2d loose sheet of the Detail of Ayes and Noes.
Vote 198, Detail of Ayes and Noes.
Vote 202, Detail of Ayes and Noes. There is no reason for ascribing this question to this place in the proceedings, except for its position in the Detail of Ayes and Noes.
Crossed out: “Every man must see that such a right had a tendency shortly to bring Take another illustration”.
See further Appendix A, CCLXXXVII, CCCXXI.
See further Appendix A, LXVI, LXVII.
See Appendix B.
Vote 210, Detail of Ayes and Noes, which gives an obviously wrong summary of the vote.
Taken from Journal.
See Appendix A, CXCII.
Revised from Journal.
See Appendix A, CLXX, CLXXI.
Journal includes Maryland in the negative.
Taken from Journal.
Upon these questions see further August 21, note 15; August 22, note 2; and August 25, note 7.
The idea of a Committee of Detail seems to have been generally accepted previous to this date. It is referred to in debate and in correspondence, and later no secret is made of it. See Appendix A, LXVI, LXIX, LXXIII, LXXV.
Revised from Journal.
Taken from Journal.
These notes seem to cover the debates of July 23. Down to the first blank line, i. e., through the word “Acquiesence”, the notes refer to the speech of Mason. “Expediency” may refer to Randolph’s speech. Down to the next blank line, i. e., from “Expediency” through “Rh. Island”, the notes refer to the speech of Gorham. The next line, beginning with “The Debt” and ending with “Idea”, refers to Ellsworth’s remarks. The rest of these notes probably refer to Madison’s speech.
The above assignment is based upon Professor McLaughlin’s notes in American Historical Review, January, 1904, IX, p. 339.
Vote 217, Detail of Ayes and Noes, which notes that the motion under consideration was “Mr. Wilson’s”.
This document in Gerry’s handwriting on a scrap of paper is among the Secretary’s papers in the Department of State. The names of the states and the numbers opposite them are on the back of the paper.
This document on a scrap of paper is among the Secretary’s papers. The first paragraph is on one side of the paper, the rest on the other side. A line is drawn through the “65” and “25”.
Revised from Journal.
See above, Journal, “Gerry’s Motion”.
See Appendix A, CXCI.
〈This might possibly be meant as a caricature of the previous motions in order to defeat the object of them.〉
Taken from Journal.
Madison originally confused Wilson’s motion to postpone with his suggestion of choosing electors by lot. Later he struck this out and substituted from Journal the wording of the text.
See above, Journal, “Wilson’s Motion”.
Taken from Journal.
Taken from Journal.
The object was to lessen the eagerness on one side, the opposition on the other, to the share of Representation claimed by the S. 〈Sothern〉 States on account of the Negroes.
See Appendix A, CCXCIII.
Vote 218, Detail of Ayes and Noes, which states that the amendment was “Mr Elsworth’s”.
Vote 219, Detail of Ayes and Noes, which states that the amendment was “Mr Pinckney’s”.
Vote 221, Details of Ayes and Noes.
Vote 222, Detail of Ayes and Noes. Motion was made by Luther Martin, see Appendix A, CLVIII (27).
Vote 223, Detail of Ayes and Noes.
Revised from Journal.
Crossed out “renewed his motion”.
Crossed out “to say the least”.
Crossed out “petty acts”.
Crossed out “freeholders”.
Crossed out: “in the partial Judgment of each Citizen towards his immediate fellow Citizen”.
Crossed out: “As a further safeguard”.
This motion was made by Luther Martin, see Appendix A, CLVIII (27).
Taken from Journal.
Revised from Journal.
See further Appendix A, LXVIII, LXIX.
Vote 231, Detail of Ayes and Noes.
Madison originally recorded, “Question on the whole clause including Col. Mason’s amendment”. Later he substituted from Journal the words of the text.
For further discussion of this subject, see references under September 6, note 23.
Crossed out: “Executive Judiciary”.
Revised from Journal.
Crossed out “the evil mentioned by Col. Mason”.
Crossed out “to avoid objections by limiting”.
See Appendix A, CLXXII.
Taken from Journal.
Undoubtedly taken from Journal, although there is no clue there that the motion was made by Gerry.
Revised from Journal.
Madison originally noted that “The Resolution constituting the executive as amended, was referred”. Later he struck that out and substituted from Journal the wording of the text.
Taken from Journal.
The appointment of a committee, its members and general purpose, and the adjournment of the Convention until August 6, were reported in the local newspapers. See further Appendix A, LXX-LXXVII.
This document, found among the Wilson Papers, evidently represents the proceedings referred to the Committee of Detail by the resolution of July 23. On the first page is an estimate of representation based upon state requisitions; see Records of June 9, note 24.
Compiled from the Records to supplement I.
This document, found among the Wilson Papers, is evidently an outline of the Pinckney Plan. See Appendix D. The New Jersey Plan was also referred to the Committee of Detail.
Or “Foes”.
The crosses are evidently intended to indicate that the last two clauses should be reversed.
This document was found among the Mason Papers in the possession of the late Mrs. St. George Tucker Campbell of Philadelphia, a great-granddaughter of George Mason. It was reproduced in photographic facsimile by William M. Meigs, in the Growth of the Constitution (Philadelphia, J. B. Lippincott Company. Copyright by William M. Meigs, 1899). It is reprinted here by the courtesy of Mr. Meigs and the Lippincott Company.
The document is in the handwriting of Edmund Randolph with emendations by John Rutledge. In the text here given those portions in parentheses were crossed out in the original, italics represent changes made in Randolph’s handwriting, and the emendations in Rutledge’s handwriting are enclosed in angle brackets 〈 〉.
Each item in this document (except the final notes on “an address”) is either checked off or crossed out, showing that it was used in the preparation of subsequent drafts.
Marginal note crossed out: “1st resolution”.
Marginal note crossed out: “2d resolution”.
Marginal note crossed out: “qu: if a certain term of residence and a certain quantity of landed property ought not to be made by the convention further qualifications.”
Marginal note crossed out: “These qualifications are not justified by the resolutions.”
“arrest” underscored in the original.
“arrest” underscored in the original.
Marginal note.
Marginal note.
Madison ascribes this provision to the constitution of Virginia, see Appendix A, CCCXCII.
Marginal note.
Document V in Wilson’s handwriting was found among the Wilson Papers. It appears to be the beginning of a draft with an outline of the continuation. Parts in parentheses were crossed out in the original.
Or “legislature”.
Found among the Wilson Papers and in Wilson’s handwriting. Portions in parentheses represent parts crossed out. Italics represent later insertions.
Documents VI and VIII are on two sheets of four pages each. Between them is placed Document VII, consisting of a smaller single sheet of two pages. It is in Wilson’s hand, but written with a finer pen. The first portion is evidently an extract from the New Jersey plan and the latter portion (after the break and beginning “The Legislature shall consist”) was identified by Professor Jameson as extracts from the original Pinckney Plan (see his Studies in the History of the Federal Convention of 1787, 128-132. )
Found among Wilson papers, a continuation of VI, see above notes 14 and 15.
Found among the Wilson Papers, and in Wilson’s handwriting, but with emendations in Rutledge’s hand. Parts in parentheses were crossed out in the original; italics represent additions by Wilson; emendations by Rutledge are in angle brackets 〈 〉.
This clause was underscored in the original.
See Appendix A, CCX.
Pinckney claimed to have introduced this clause into the Constitution, see Appendix A, CCCXXXVIII.
Taken from Journal.
Madison originally recorded simply, “The House adjd after receiving from Mr. Rutlidge the report . . . as follows;”. The additions were taken from Journal.
Madison copied the report into his Debates, and it is his transcript which is given in the text. Differences in the printed report from this copy are noted in the text by square brackets or in foot-notes.
Several copies of the original printed report are in existence, and a number of facsimiles printed by Peter Force. The reprint is readily distinguished: the original report numbered the 6th and 7th articles both VI; the facsimile numbers the 7th and 8th articles both VII.
Printed copy reads: “Be it enacted, and it is hereby enacted by the House of Representatives, and by the Senate of the United States, in Congress assembled.”
The Records for August 15 indicate that section 11 was adopted without amendment, but the Washington and Brearley copies of the report of the Committee of Detail show a change in wording in accordance with Madison’s text. A probable explanation of this is that the Committee of Detail made this modification after the Report was in print.
In the printed copy, the number VI was repeated, consequently Article VII and all subsequent articles were misnumbered. It is important to remember this in noting subsequent references to articles by number.
Taken from Journal.
See further Appendix A, LXXVIII, LXXIX. Martin stated that “many of the members being absent, we adjourned to the next day.” (Appendix A, CXC).
See Appendix A, CLXXXIX and CXCI.
Inserted from a previous page, according to marks which show place for insertion.
See Appendix A, CCIII and CCXI.
Votes 233, 234, Detail of Ayes and Noes.
Vote 235, Detail of Ayes and Noes, but this might be assigned to either of the two questions following.
Vote 238, Detail of Ayes and Noes, which states that the amendment was “offered by Mr Randolph”.
Vote 242, Detail of Aye and Noes.
Vote 244, Detail of Ayes and Noes. It is not certain that this vote belongs here.
Taken from Journal.
Crossed out: “Caption”.
Article 1. “The stile of the Government shall be. ‘The United States of America’.”
Article II. “The Government shall consist of supreme legislative, executive, and judicial powers.”
Article 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; each of which shall in all cases have a negative on the other. The Legislature shall meet on the first Monday in December every year.”
Crossed out: “Mr. Pinkney”.
Crossed out: “Mr. Pinckney was opposed to”.
Revised from Journal.
Revised from Journal.
Article 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.”
Crossed out: “if the authority be in their hands by the rule of suffrage”.
Crossed out: “good, will not he thought bid fair to be very secure”.
“Note to Speech of J. Madison of August 7th, 1787.
As appointments for the General Government here contemplated will, in part, be made by the State Governments: all the Citizens in States where the right of suffrage is not limited to the holders of property, will have an indirect share of representation in the General Government. But this does not satisfy the fundamental principle that men cannot be justly bound by laws in making of which they have no part. Persons and property being both essential objects of Government, the most that either can claim, is such a structure of it as will leave a reasonable security for the other. And the most obvious provision of this double character, seems to be that of confining to the holders of property, the object deemed least secure in popular Governments, the right of suffrage for one of the two Legislative branches. This is not without example among us, as well as other Constitutional modifications, favoring the influence of property in the Government. But the United States have not reached the stage of Society in which conflicting feelings of the Class with, and the Class without property, have the operation natural to them in Countries fully peopled. The most difficult of all political arrangements is that of so adjusting the claims of the two Classes as to give security to each, and to promote the welfare of all. The federal principle, which enlarges the sphere of power without departing from the elective basis of it, and controls in various ways the propensity in small republics to rash measures and the facility of forming and executing them, will be found the best expedient yet tried for solving the problem.” Madison Papers, Library of Congress, Vol. IV, p. 7. See further Appendix A, CCCXLII and CCCXLIII.
See further Appendix A, LXXX.
[Endorsed:] 7 8 Augt | Qualifications of electors | Ellsworth Mason Gorham Franklin — agt. confing. of the Qual. to Freeholders | Madison Gov. Mor Dickinson — in favour of it.
See McHenry’s notes of August 6.
Crossed out: “that I had my doubt whether the gentlemen had given themselves time to consider the effect of the propositions or the part we ought to take respecting them.”
This is apparently McHenry’s comment. What follows, from “Doctor Franklin” to “became slaves” is written on the opposite page of the manuscript, and marked to be inserted.
Crossed out: “this description of men having a right of suffrage.”
That money-bills should originate in the House of Representatives alone, and that the Senate should have no right to alter or amend them.
“No navigation act shall be passed without the assent of two-thirds of the members present in each house.”
Marginal note: “33, 17 and 14, 8.”
As to ratification by nine states.
Note by McHenry.
The word “feared” is substituted for a word erased.
Votes 246-249, Detail of Ayes and Noes.
See Appendix A, CCXXIII.
Article IV, 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 three years before his election; and shall be, at the time of his election, a resident of the State in which he shall be chosen.”
See Appendix A, LXVIII.
Underscored by Madison when he revised his notes.
Article IV, 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.”
Taken from Journal.
Article IV, Sect. 4. “As the proportions of numbers in 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 provisions herein after made, at the rate of one for every forty thousand.”
See further upon this subject references under August 22 note 2, and August 25 note 7.
Probably but not certainly a later revision.
See Appendix A, CXLIV.
It is difficult to account for this passage. The MS. seems to show fairly ceratinly that it was a later insertion.
Article IV, Sect. 5. “All bills for raising or appropriating money, and for fixing the salaries of the officers of the Government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public Treasury, but in pursuance of appropriations that shall originate in the House of Representatives.”
According to the Journal and Madison the vote on this question was Ayes, 2; noes, 9; and the vote which King gives belongs to the preceding question “to postpone.”
[Endorsed:] | August 8th | Qualifications of | electors.
Vote 255, Detail of Ayes and Noes. Madison confirms this negative vote.
“fourteen” is evidently a mistake for “thirteen”, so in Vote 260, Detail of Ayes and Noes, and in Madison.
Article IV, Sect. 6. “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 it shall happen.”
Article 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 may be supplied by the Executive until the next meeting of the Legislature. Each member shall have one vote.”
Revised from Journal.
Crossed out “State”.
〈In the printed Journal Pennsylvania, ay.〉
Crossed out “State”.
Crossed out “different”.
Taken from Journal.
Article V, Sect. 2. “The Senators shall be chosen for six years; but immediately after 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.”
Article V, Sect. 3. “Exery 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 four years before his election; and shall be, at the time of his election, a resident of the State for which he shall be chosen.”
Underscoring was a later revision.
Crossed out “Georgia”.
Article V, Sect. 4. “The Senate shall chuse its own President and other officers.”
Article VI, Sect. 1. “The times and places and manner of holding the elections of the members of each House shall be prescribed by the Legislature of each State; but their provisions concerning them may, at any time, be altered by the Legislature of the United States.”
Revised from Journal. Crossed out “to alter so as to restrain not to extend to the Senate;”.
Madison originally recorded “agd. to”, but changed this in accordance with Journal.
Upon this question and debate, see Appendix A, CXLVI a , CLVIII(35), CLXXXII, CCX, CCXXVI, and CCXLVIII.
Taken from Journal.
Revised from Journal.
[Endorsed:] Term of Citizenship | to be a senator | Gov. Morris for 14 yrs | Franklin agt.
Vote 268, Detail of Ayes and Noes, which notes that the amendment was “offd by Mr. King”.
Vote 269, Detail of Ayes and Noes, which notes that the amendment was Randolph’s.
Journal (p. 243) ascribes Vote 271 to this question, but there is nothing in the Detail of Ayes and Noes to indicate this, and according to Madison it belongs to the following question.
Vote 271, Detail of Ayes and Noes, which notes “amendt proposed . . . by Mr. Carrol”.
Vote 272, Detail of Ayes and Noes, which notes that it was “Mr. Gerry’s amendment”.
Article VI, Sect. 2. “The Legislature of the United States shall have authority to establish such uniform qualifications of the members of each House, with regard to property, as to the said Legislature shall seem expedient.”
Crossed out “which may exclude obnoxious”.
Crossed out “the opposite”.
〈In the printed Journal Delaware did not vote.〉
Taken from Journal. Madison originally included this question as a part of the one preceding.
Article VI, sect. 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.”
In the MS. the word “motion” has a cross (×) above it, evidently referring to the motion as given on the following page and similarly marked.
Taken from Journal. In the MS. marked by a cross (×), see above, note 11.
Taken from Journal. Crossed out: “nem. con.”
Article VI, Sect. 6. “Each House may determine the rules of its proceedings; may punish its members for disorderly behaviour; and may expel a member.”
Article VI, Sect. 7. “The House of Representatives, and the Senate, when it shall be acting in a legislative capacity, shall keep a Journal of their proceedings, and shall, from time to time, publish them: 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.”
Taken from Journal, but Madison had recorded the substance of the motion.
See Appendix A, CXLVI a.
Vote 273, Detail of Ayes and Noes, which notes that it was “Mr. Madison’s amendmt”.
Vote 274, Detail of Ayes and Noes, which states the question more correctly.
Votes 275-277, Detail of Ayes and Noes.
Votes 278-279. Detail of Ayes and Noes. The former probably refers to Section 8 rather than Section 7, see Madison’s record.
McHenry reports this on August 14.
Vote 274, Detail of Ayes and Noes, includes Maryland in the negative.
On the debate which follows, see Appendix A, CCXII, CCXXVII.
See Appendix A, CCIX.
Article VI, Sect. 8. “Neither House, without the consent of the other, shall adjourn for more than three days, nor to any other place than that at which the two Houses are sitting. But this regulation shall not extend to the Senate, when it shall exercise the powers mentioned in the article.”
Upon this debate, see Appendix A, CCX.
Crossed out “be required of”.
Taken from Journal.
Taken from Journal after crossing out “now bears”.
Crossed out “1. that this exclusive privilege in behalf of the House of Representatives would render the plan acceptable”. This necessitated the renumbering of the four other points.
Originally “may amend.”
〈In the printed Journal N. Jersey — no.〉
See further, Appendix A, LXXXI, LXXXII.
Vote 281, Detail of Ayes and Noes, which notes that it was “Mr. Hamilton’s amendment”.
Vote 284, Detail of Ayes and Noes, which notes it was “the Proviso offered . . . by Mr. G. Morris.”
Vote 287, Detail of Ayes and Noes.
Vote 288, Detail of Ayes and Noes, which notes that it was “Mr. Randolph’s proposition” and that the question was only one on “the first clause”.
Vote 290, Detail of Ayes and Noes. There is nothing to indicate that this belongs here, except its relative position.
Article IV, Sect. 2 (as amended). “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.”
See Appendix A, CCCXXXVI.
Revised from Journal.
Crossed out: “abolish them by”.
Crossed out: “Mr. Randolph remarked”.
Underscored by Madison when he revised his notes.
See Appendix A, CCCXXXVI.
Revised from Journal.
Relating to qualifications of Senators.
Taken from Journal. Madison originally gave the vote which follows to the question preceding.
Revised from Journal.
he disapproved till now voted agst., the exclusive privilege, he gave up his judgment he said, because it was not of very material weight with him was made an essential point with others, who if disappointed, might be less cordial in other points of real weight.
Taken from Journal.
〈In the printed Journal, S. Carolina – no.〉
Taken from Journal, see above, note 5.
See further Appendix A, LXXXIII, LXXXIII a.
Article VI, Sect. 9. “The members of each House shall be ineligible to, and incapable of holding any office under the authority of the United States; during the time for which they shall respectively be elected: and the members of the Senate shall be ineligible to, and incapable of holding any such office for one year afterwards.”
Revised from Journal.
Revised from Journal. Madison originally recorded “Geo. ay”, which would have determined the question in the affirmative.
Taken from Journal.
Taken from Journal.
See further references under September 3, note 7.
Upon this debate, see above June 12, June 22, and Appendix A, CCX.
Crossed out “four”.
Taken from Journal.
According to the Journal this action was taken on August 11.
See August 6, note 4.
Not reported by Madison, but confirmed by the clause being struck out in Washington’s copy of the Report of the Committee of Detail.
Vote 295, Detail of Ayes and Noes, which notes that it was “Mr. Madison’s amendment to the negative by addg the Judiciary”.
Votes 299-300, Detail of Ayes and Noes, but there is no reason beyond that of relative position ( i. e. between Votes 298 and 301) for inserting these questions here.
Article VI, 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’.” See August 6, note 4.
Article VI, Sect. 12. “Each House shall possess the right of originating bills, except in the cases beforementioned.”
The Journal reports a previous motion, see above note 2.
Revised from Journal.
Revised from Journal.
The Executive consists at this time of abt. 20 members.
Taken from Journal.
Revised from Journal.
Madison originally recorded Connecticut’s vote as “no”, which made the total vote a negative. The vote was changed to conform to Journal.
Taken from Journal.
See further, Appendix A, LXXXIV.
Vote 195, Detail of Ayes and Noes, see Records of July 20, note 3; see also note 3 below.
Vote 305, Detail of Ayes and Noes, but there is no reason for placing it here, except that it follows Vote 304.
Taken from Journal.
Article VII, Sect. 1. “The Legislature of the United States shall have the power to lay and collect taxes, duties, imposts and excises;”
See Appendix A, CLVIII(48).
Misprint of original Report of the Committe of Detail for Art. VII, see Records of August 6, note 5.
Taken from Journal.
See further August 21, note 15.
Taken from Journal.
Madison omits clause 3, “to establish an uniform rule of naturalization”, included in the Journal.
Upon this question, see Appendix A, CLVIII (50), CCCXIV.
See Appendix A, CCIII.
This vote in the affirmative by Virga. was occasioned by the acquiescence of Mr. Madison who became satisfied that striking out the words would not disable the Govt from the use of public notes as far as they could be safe proper; would only cut off the pretext for a paper currency and particularly for making the bills a tender either for public or private debts.
Vote 308, Detail of Ayes and Noes.
Vote 310, Detail of Ayes and Noes.
Vote 312, Detail of Ayes and Noes, see below, note 7.
See Appendix A, CCXV.
Taken from Journal.
Crossed out “ of the Executive”; revised from Journal.
〈In the printed Journal Mas. no〉
Crossed out “Mr. Dickenson moved”. A considerable blank space was left apparently for the insertion of the motion and the action upon it. This may have been Vote 312, Detail of Ayes and Noes, see the Journal above.
See Appendix A, CCCXXVI.
On the remark by Mr. King that “ make ” war might be understood to “conduct” it which was an Executive function, Mr. Elseworth gave up his objection 〈and the vote of Cont was changed to — ay.〉 10
The Journal shows that the question was repeated.
Madison originally left a blank after “N. C.”
Vote 316, Detail of Ayes and Noes, which notes that it was “Mr. Rutledge’s proposition”.
Crossed out “nem con”.
Madison’s original record stood: — “Mr. Pinkney proposed for consideration several additional powers which had occurred to him. Mr. M. proposed the following, to be referred to a committee.” Then follow ten numbered powers. This was all stricken out and the record as here given taken from the printed Journal. Madison’s original list corresponds with this, except: in the 2d he had “thereon” instead of “therein” (the Journal also has “thereon”); in the 4th he had “comprehending” instead of “comprising”; and there was one in addition, — “7 To secure to the inventors of useful machines and implements the benefits thereof for a limited time.”
It is hardly possible that all of these could have been suggested by Pinckney alone. The last five would seem to have been suggested by Gerry, Rutledge and Mason, see below.
Upon this subject see August 21, August 22, and August 23 (with references under note 4.)
Charges as to Gerry’s motives in making this proposal, and Gerry’s defense, will be found in Appendix A, CLVII, CLXII, CLXXV, CLXXXIX, CXCIX, see also August 25. On the subject of the indebtedness of the Confederation, see below August 21-24, and August 25 (with references under note 5.)
Crossed out “securing public debts”.
Taken from Journal.
See May 25 note 1, and Appendix A, LXXXVIII, XC, CXLI.
On this motion see Appendix A, CLVIII (51), CXCII.
Revised from Journal.
〈This had reference to the disorders particularly which had occurred in Massachts. which had called for the interposition of the federal troops.〉
In the New York Daily Advertiser of this date a report was mentioned that a project was in embryo for the establishment of a monarchy, at the head of which it was contemplated to place the Bishop of Osnaburgh (J. C. Hamilton, History of the Republic of the United States, III, 330). See further Appendix A, XLI, LXXXIX, XCII, CVII, CXVI.
Vote 321, Detail of Ayes and Noes, but it is not certain that it belongs here rather than just preceding the motion to commit.
Brearley’s notes on his copy of the Report of the Committee of Detail confirm these changes.
Refers to insertion made by an earlier vote of this same day.
This whole section was taken from Journal; Madison’s original record was as follows: — “Mr. Pinkney submitted sundry propositions — 1. authorising the Legislature to imprison for insult. 2. to require opinion of the Judges. 3. securing the benefit of the habeas corpus. 4. preserving the liberty of the press. 5 guarding agst billeting of soldiers. 6. agst. raising troops without the consent of the Legislature. 7. rendering the great officers of the Union incapable of other offices either under the Genl Govt. or the State Govts. 8. forbidding religious tests. 9 declaring the U. States to be a body politic and corporate. 10 providing a great seal to be affixed to laws c. 11. extending the jurisdiction of the Judiciary to controversies between the United States States or individuals. — these were referred to the Committee of detail for consideration report.
“Mr. Govr. Morris and Mr Pinkney proposed a sett of resolutions organizing the Executive department — referred to the Committee of detail.”
Cf. Appendix A, CXXIX, note 2.
See above, note 4.
Revised from Journal.
See Appendix A, CLXI.
Article VII, Sect. 2. “Treason against the United States shall consist only in levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them. The Legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of bloods nor forfeiture, except during the life of the person attainted.”
Crossed out “or”.
Crossed out “or”.
Taken from Journal.
Taken from Journal.
See further Appendix A, CL, CLVIII (88-91).
Article VII, Sect. 3. “The proportions of direct taxation shall be regulated by the whole number of white and other 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 six 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.”
Taken from Journal, but Madison had recorded the substance of this motion.
Taken from Journal.
See further, Appendix A, LXXXV-LXXXIX.
Vote 331, Detail of Ayes and Noes, which notes that the original “Proposition” was “made by Mr. Gerry”. Journal (p. 273) misprinted it “Ellsworth”.
Vote 333, Detail of Ayes and Noes, which notes that it was “Mr. Martin’s proposition”.
Taken from Journal. Madison originally recorded substance in brief.
On the phrase “common defence and general welfare”, see Appendix A, CXXIII, CCCLXXII.
See further, August 18 (with references under note 6), August 22-24, August 25 (with references under note 5).
Relating to direct taxation and census.
Taken from Journal.
Taken from Journal. Madison originally recorded the substance of the motion.
Revised from Journal.
Article VI, Sect. 12. “Each House shall possess the right of originating bills.”
Taken from Journal. Madison originally recorded the substance of the motion.
This wording may have been revised from Journal.
Taken from Journal. Madison originally recorded the substance. See Appendix A, CLVIII (49), CLXXXIX, CXCI.
Detail of Ayes and Noes (Vote 333) omits New Hampshire.
Article VII, Sect. 4. “No tax or duty shall be laid by the Legislature on articles exported from any State; nor on the migration or importation of such persons as the several States shall think proper to admit; nor shall such migration or importation be prohibited.”
Upon this question, see above, July 23, and August 16, and Appendix A, II, CXLVI a, CCLXV, CCCXXXVI.
Crossed out: “for the general good of the Union”.
See Appendix A, CCCLXIV, CCCXC.
Revised from Journal.
Detail of Ayes and Noes (Vote 334) includes South Carolina in the negative.
Revised from Journal.
“as far as to” renders the clause meaningless; it may be a later insertion.
See Appendix A, CXXXIV.
Upon this question see further, references under August 22, note 2, and August 25, note 7.
Crossed out “being protected agst. them”.
See further, Appendix A, XC.
Vote 342, Detail of Ayes and Noes, which notes that it was “Mr Morris’s amendment”.
Upon this question, see above, July 23, August 8, and August 21, and Appendix A, CXLVIII, CLI, CLVIII (56-60), CLXXI, CCXII, CCLI, CCLIII, CCCXXXIV, CCCXXXV, also below August 25 (with references under note 7), August 28 and August 29.
See Appendix A, CLXXXIX.
Taken from Journal.
See Appendix A, CLI.
〈the proceedings on this motion involving the two questions on “attainders ex post facto laws.” are not so fully stated in the printed Journal.〉
See further, August 18 (with references under note 6), August 21, August 23-24, and August 25 (with references under note 5).
Taken from Journal.
See further, Appendix A, XCI-XCIII.
Vote 344, Detail of Ayes and Noes, which notes that the motion to postpone was in order “to take up Mr Elsworths amendt”. The Journal states that the question “passed in the affirmative”, but the Detail of Ayes and Noes records a negative vote, which is confirmed by Madison, and the subsequent action of the Convention makes an affirmative vote impossible.
Vote 347, Detail of Ayes and Noes, which makes an evident mistake in giving the total.
Vote 350, Detail of Ayes and Noes, which notes that it was “Mr Morris’s amendment”.
Upon this question, see above August 18, 21, and 22, and below September 14, also Appendix A, CLVIII (52-55), CLXXV, CLXXXIX, CXCI, CCX, CCLXXII, CCCXV.
〈In the printed Journal-Geo: no〉
Article VII, Sect. 7. “The United States shall not grant any title of Nobility.”
See Appendix A, CCXII.
See Appendix A, CXCII, CCCXCVIII.
Article IX, Sect. 1. “The Senate of the United States shall have power to make treaties, and to appoint Ambassadors, and Judges of the supreme Court.”
Article VII, Sect. 1 (clause 18). “To call forth the aid of the militia, in order to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions;”.
See Appendix A, CCX.
See above June 8 (with references under note 3), July 17, and Appendix A, XCI, CCCXXVI, CCCLXXXIII.
See Appendix A, CXXVII.
See Appendix A, CXXXVII.
See further August 18 (with references under note 6), August 21-22, August 24, August 25 (with references under note 5).
Upon this question and its determination, see Appendix A, CCLXXIV — CCLXXVI.
See further, Appendix A, XCIV.
By Gorham.
By Wilson.
Vote 363, Detail of Ayes and Noes, which notes that it was “Mr. Dickinson’s amendment”.
Crossed out “legislatures or”, this striking out was an amendment. See Madison’s record below.
See below note 12.
Article VII, Sect. 5. “No capitation tax shall be laid, unless in proportion to the Census hereinbefore directed to be taken.”
Sect. 6. “No navigation act shall be passed without the assent of two thirds of the members present in each House.”
New Jersey’s vote changed from “no” to “ay” to conform to Journal.
Relating to disputes between states and over land questions — modeled on procedure in Articles of Confederation.
Vote of Connecticut inserted, and that of North Carolina changed to conform to Journal.
Crossed out “danger”.
Taken from Journal.
Relating to the powers and duties of the President.
Madison originally had Georgia recorded as voting “no”, which made the total vote a tie, and the determination of the question in the negative. This was changed to conform to Journal and the subsequent proceedings.
McHenry is probably correct in stating that the house adjourned when the question was going to be put”, see August 25, note 15.
Taken from Journal.
See May 25, note 1.
Detail of Ayes and Noes (Vote 357) and Madison both include Delaware in the affirmative.
According to the Journal, Detail of Ayes and Noes and Madison, this question was the first one upon Article X for which a vote was taken, and the vote is given as Ayes, 2; noes, 9.
Both the Journal and Madison report this motion as negatived, but McHenry is probably correct. See August 25, note 15.
Vote 365, Detail of Ayes and Noes, which notes that it was “Mr. Randolph’s amendment”.
Journal (p. 292) ascribes Vote 369, Detail of Ayes and Noes, to this question, but there is no apparent reason for this, and probably it is the same as reported by Madison (see below note 15) and McHenry.
Vote 369, Detail of Ayes and Noes.
Vote 372, Detail of Ayes and Noes. See below, note 18.
Upon this subject, see above August 18 (with references under note 6), August 21-24, and Appendix A, CCV, CCXII, CCLII, CCLIV, CCLVI, CCLXVIII, CCCLXXII.
Taken from Journal.
Compromise upon importation of slaves and navigation acts. Upon this subject and upon the compromise in general see above July 23, August 8, August 21, August 22 (with references under note 2), August 24, and below August 28 and 29; also Appendix A, CXXXIV, CXXXVII, CLVIII (60-64), CLXXI, CC a, CCII, CCXII, CCXVII, CCXXVII, CCXXXIX, CCLXIX, CCLXXX, CCCXXXII, CCCXXXIII, CCCXXXVI.
On the avoidance of the term “slaves”, see Appendix A, CXLVIII, CLVIII (57), CCLXXX, CCCXXXII.
An error of Journal, see above note 2.
Taken from Journal.
See Appendix A, CXLVIII, CLVIII(57), CCLXXX, CCCXXXII-CCCXXXIV.
“No capitation tax” etc.
Upon this subject see McHenry, below, and Appendix A, CXXXVIII, CLVIII (67-68), CCLXV, also below August 31 and September 12-15.
See Appendix A, CLVIII (67-68.)
On August 24 Sherman had objected to the clause in Article X, Section 2 which empowered the President to “appoint officers in all cases not otherwise provided for by this Constitution.” Sherman’s proposed modification was defeated, one amendment by Dickinson was adopted and a second one offered by Dickinson. According to both the Journal and Madison Dickinson’s second motion was negatived, but McHenry states that the House adjourned “when the question was going to be put.” McHenry was probably correct as this question is now brought up without any recorded motion to reconsider. This is doubtless the amendment attributed to Sherman in Vote 369, Detail of Ayes and Noes (see above, notes 2 and 3).
See McHenry’s statement below.
Vote 370, Detail of Ayes and Noes, records the vote as Ayes, 10; noes, 0.
Probably the same as Vote 372, Detail of Ayes and Noes, which includes Delaware in the negative.
See above note 15.
Found among the McHenry MSS., but not in his handwriting.
Detail of Ayes and Noes ascribes the same question to Votes 376 and 377, and is evidently in error in reading “2 Sect.”, instead of “1 Sect.” Madison gives these same votes at this point in the day’s proceedings, and they are assigned to the two questions in the Journal on Section 1 of Article XI.
Journal (p. 297) ascribes Vote 376, Detail of Ayes and Noes, to this question.
Vote 381, Detail of Ayes and Noes, but this is inserted here merely because it is the only place that it seems to fit in with the proceedings.
Vote 382, Detail of Ayes and Noes, but inserted here merely because of its relative position and that it is a negative vote.
Vote 383, Detail of Ayes and Noes, but inserted here merely because it is a negative vote preceding Vote 384.
Relating to the powers and duties of the President.
See also statement by Martin in Appendix A, CLVIII (79).
Article XI, Sect. 1. “The Judicial Power of the United States 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.”
Article XI, 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.”
Taken from Journal which is probably in error as to the vote, see above notes 1 and 2.
Relating to the jurisdiction of the Supreme Court.
See Appendix A, CXXXIV.
The preceding line was crossed out: “It was moved but disagreed to.” This would seem to correspond to Votes 381 and 382, Detail of Ayes and Noes. See above notes 3 and 4.
Taken from Journal. See above note 5.
See further Appendix A, CLVIII (83-87), CCVIII, CCXIV, CCXV, CCXXVIII, CCCVI, CCCXIV.
See further Appendix A, XCIV.
This document, not in Mason’s handwriting, was found among the Mason Papers. It seems to represent a plan for the organization and jurisdiction of the judiciary, which must have been prepared about this time by some one familiar with the work of the Convention. There is no evidence that it was presented to the Convention. It is reprinted here from K. M. Rowland, Life of George Mason, II, 385-386.
Vote 385, Detail of Ayes and Noes. In this and the four votes following the vote of Massachusetts is recorded in the Rhode Island column.
Vote 386, Detail of Ayes and Noes. Journal (p. 302) mistakenly ascribes this vote to the next question.
Vote 387, Detail of Ayes and Noes.
Vote 390, Detail of Ayes and Noes.
Vote 391, Detail of Ayes and Noes. See below note 19.
Vote 396, Detail of Ayes and Noes.
Crossed out: “to”.
See Appendix A, CLXXXIX, CXCII, CXCIX.
Upon this question, see Appendix A, CLVIII (65-66), CXCII.
Article XI, Sect. 5 “Judgment, in cases of Impeachment, shall not extend further than to removal from Office, and disqualification to hold and enjoy any 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.”
〈The vote on this section as stated in the printed journal is not unanimous: The statement here probably the right one.〉 13
See above note 2.
Article XII. “No state shall coin money; nor grant letters of marque and reprisals; nor enter into any treaty, alliance, or confederation; nor grant any title of Nobility.”
Upon this question, see Appendix A, CXXIII, CLVIII (70-72), CCXXIX, CCCLXXV.
Crossed out “of that expedient sort of medicines”.
Martin voted in the negative, see Appendix A, CLVIII (69).
The Journal is correct, according to marginal notes in the Washington and Brearley copies of the Report of the Committee of Detail.
See Appendix A, CLVIII (70-72).
Crossed out “Congress may authorize them”.
Crossed out: “of the consent of Congress might be given”.
See Appendix A, CCXII.
Crossed out “Govt.”
Crossed out “culture and”.
See Appendix A, CCXII.
Article XIII. “No State, without the consent of the Legislature of the United States, shall emit bills of credit, or make any thing but specie a tender in payment of debts; nor lay imposts or duties on imports; 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 delay, until the Legislature of the United States can be consulted.”
Upon this question see Appendix A, CCCXC.
Article XIV. “The Citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.”
Article XV. “Any person charged with treason, felony or high misdemeanor 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.”
See further, Appendix A, XCVI.
Vote 401, Detail of Ayes and Noes. Journal (p. 307) mistakenly ascribes this vote to the question following.
Article XVI. “Full faith shall be given in each State to the acts of the Legislatures, and to the records and judicial proceedings of the Courts and Magistrates of every other State.”
Crossed out “as they may sometimes serve the like purpose as act”.
See below, September 14 and Appendix A, CCXII.
Requiring two-thirds of both houses to pass navigation acts. On this question see August 22 and Appendix A, CXV, CXXXII, CLV, CXCIII, CCXVI, CCXVII, CCCXXXVI. As this subject was a matter of compromise in connection with the slave-trade, see references under August 25, note 7.
Probably but not certainly a later insertion.
He meant the permission to import slaves. An understanding on the two subjects of navigation and slavery, had taken place between those parts of the Union, which explains the vote on the Motion depending, as well as the language of Genl. Pinkney others.
Crossed out “ fetters”.
Crossed out “and with successful retaliation on the injurious restrictions of foreign powers”.
Crossed out “controul”.
See Appendix A, CCCXC.
See above August 28, and Appendix A, CXV and CCXII, also references under August 25, note 7.
Relating to the admission of new states.
Crossed out “firm”.
Upon the significance of the wording of this article, see Appendix A, CCCIV.
Madison originally wrote “the gentleman in the Chair (George Washington)”. Martin’s remarks the next day would indicate that the reference was more general.
See further, Appendix A, XCVII.
According to the Journal and Madison, on August 28.
Vote 403, Detail of Ayes and Noes.
Vote 404, Detail of Ayes and Noes, which notes that the proposal was in order “to take up Mr Sherman’s motion”.
Vote 407, Detail of Ayes and Noes, which notes that this was a “proposition from Maryland”. See below, note 15.
Journal (p. 311) assigns to this question Vote 410, Detail of Ayes and Noes. This is probably a mistake, for there is no reason in favor of it except that it follows Vote 409. It, however, also precedes Vote 411, and the latter position accords with Madison’s original record. See below, notes 18 and 20.
Vote 410, Detail of Ayes and Noes. See above note 4.
Vote 413, Detail of Ayes and Noes. In the Maryland column in the MS. “aye” is crossed out, and the summary gives an eleventh vote as divided. Madison records Maryland’s vote as divided.
Vote 415, Detail of Ayes and Noes. Madison records this vote as on the last clause.
Upon this debate, see Appendix A, CLVIII (92-99).
New Hampshire’s vote was changed from “ay” to “no”. This may have been a later correction.
A line preceding was crossed out: “The word ‘limits’ was struck out of”. Notice the order of questions in the Journal.
Taken from Journal.
Probably taken from Journal.
Crossed out “hold”.
Crossed out “Counties”.
Crossed out after Martin’s name “( as understood )”. See above note 3.
Martin records this motion in quite different words and gives New Hampshire’s vote and Connecticut’s vote in the affirmative, see Appendix A, CLVIII (96).
Taken from Journal; see also note 15.
See Vote 409, Detail of Ayes and Noes.
“nem. con:” crossed out and this substituted from Journal. Probably a mistake, see below note 20, and above note 4.
Article XVIII. “The United States shall guaranty to each State a Republican form of Government; and shall protect each State against foreign invasions, and, on the application of its Legislature, against domestic violence.
Madison originally recorded: “nem: con: Maryland being in the negative. It was thought to be superfluous as implied in the term invasion”. Apparently when he saw Journal ascribing Maryland’s negative vote to another question, Madison modified his records accordingly. See above note 18.
Madison originally recorded “Pa. ay.” which would have determined the question in the affirmative. Later he made his record conform to Journal.
The Journal includes New Jersey in the negative.
Article XIX. “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 United States shall call a Convention for that purpose.
Article 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 to support this Constitution.”
See Pinckney’s proposal August 20, and Appendix A, CLVIII (100), CXCII, CXCVI, CCVIII.
Taken from Journal, which gives Connecticut’s vote also as divided.
Error due to misnumbering of printed Report of Committee of Detail. See August 6, note 5.
Vote 420, Detail of Ayes and Noes, in which the summary of the vote is obviously incorrect.
Vote 432, Detail of Ayes and Noes. Journal (p. 318) mistakenly ascribes this vote to the second question following.
Journal (p. 319) inserts here Vote 433, Detail of Ayes and Noes; but this probably belongs in Records of September 1.
Taken from Journal.
A line preceding was crossed out: “A motion was then made rejected, for postponing art. XXI, in order to take up art. XXII.” Copied from Journal, but Madison afterwards found that he had the same record a little farther on.
Taken from Journal.
Crossed out “to fill the blank with any seven or more States containing a majority”.
See further Appendix A, XLI, LXIX, LXXVI, LXXXI, CXXXIX, CLVIII (101-106), CLXXXIX, CXCII, CXCIX, CCV, CCXXX.
See Appendix A, CLVIII (103).
〈In the printed Journal N— Jersey— no.〉
See Appendix A, CXCII.
Apparently Madison left a blank after “N. H.” and later inserted an affirmative vote according to Journal.
Article 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 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, choose the President of the United States, and proceed to execute this Constitution.”
〈In the printed Journal- S. C. – no.〉
See August 25, note 13.
McHenry includes Massachusetts in the negative.
An error of Journal. See above note 3.
Massachusetts’s vote was not recorded by the Journal or Madison.
Article VII, Section 1 (relating to the powers of Congress) had been amended (August 21-23) by adopting a modified report of a committee upon “state debts” and “militia”, and this amendment had apparently been written in the margin of the printed Report of the Committee of Detail.
Vote 433, Detail of Ayes and Noes. Journal (p. 319) assigns this to the records of August 31.
See above, note 1.
See further, Appendix A, XCIX, C.
Vote 434, Detail of Ayes and Noes, which notes that this was “Mr. Morris’s amendmt”.
Vote 436, Detail of Ayes and Noes.
Vote 438, Detail of Ayes and Noes.
Vote 441, Detail of Ayes and Noes.
Crossed out “N. H. ay—” and “Del. —”.
Crossed out: “judicial”.
Upon this subject see above, Virginia Plan, May 29, June 12, June 22-23, June 26, Report of Committee of Detail, August 14, September 1, and Appendix A, CXLVI a, CLVIII (40-42), CXCI, CCX, CCXXXVI, CCLXXVII.
Crossed out “most who”.
Crossed out “tho’ ”.
Crossed out “since they could not be influenced by an event wht. was in this contingency.”
In this report in the Journal there are four penciled interlineations in another handwriting than that of the Secretary. Those are indicated in the present text by enclosing in angle brackets. See Madison’s note, below.
In place of “that” crossed out. None of the other copies of this report includes the words “the whole number”, but there seems to be no record of a later amendment inserting them.
“appointed”, an amendment of September 5.
“immediately”, an amendment of September 6.
Amendment of September 7.
Vote 442, Detail of Ayes and Noes, which is obviously mistaken in the summary of the vote.
Vote 444, Detail of Ayes and Noes.
Among the unbound Madison Papers is a copy of this report endorsed “Reptt. of Come. of 11”. Subsequently it was endorsed
“(Appointd Aug.31) Sepr. 4.— the first clause (including “Common defence Genl. welfare passed nem: con: and, as appears, without debate. Quer. if this report be not in the handwriting of Mr. Sherman? | more probably in that of Mr. Brearley”.
In this copy some abbreviations are used, the punctuation differs slightly, and the paragraphs are not numbered, otherwise it is identical with Madison’s copy, except in three instances noted below.
〈This is an exact copy. The variations in that in the printed Journal are occasioned by its incorporation of subsequent amendments. This remark is applicable to other cases.〉 11
See above, note 1.
See Appendix A, CCCLXXII.
See Appendix A, CLXX.
Madison himself seems to have been misled here: “immediately” was inserted by an amendment on Sept. 6. It is omitted in the Brearley draft among the Madison Papers, and in McHenry’s copy.
See Appendix A, CC a.
Brearley copy has interlined “ consuls” above “Ministers”.
Brearley copy has interlined “except treaties of peace” to be inserted after “Treaty”.
Crossed out “break from its accustomed spirit of faction intrigue in which the Senate retains”.
〈This motion not inserted in the printed Journal〉
See Appendix A, CCLXXXVII.
See Appendix A, CI, CII.
The rest of the report is like that in Madison, (except in the one instance noted above, see note 12), and is accordingly omitted here.
In margin opposite paragraph preceding.
According to Madison the vote on this question is the same as Vote 389, Detail of Ayes and Noes (see August 28). Probably the secretary did not have a new page ready on which to record the first vote taken (the two questions preceding being agreed to unanimously) and made use of a convenient blank space.
Vote 449, Detail of Ayes and Noes.
See Appendix A, CCCVII.
See also Appendix A, V, and upon payment of individual delegates, IV, XXXVIII, XLIII, XLIV, LII, LXI, XCII, XCIII, and Appendix B, and notes.
The lines preceding were crossed out: “Mr. Wilson remarked that striking the words out would have the effect of inducing the large States to throw away the vote to be given to a person out of the State in order to increase the chances of its own Citizen.”
〈In printed Journal Maryland — no〉
This explains the compromise mentioned above by Mr. Govr Morris- Col: Mason Mr. Gerry other members from large States set great value on this privilege of originating money bills. Of this the members from the small States, with some from the large States who wished a high mounted Govt, endeavored to avail themselves, by making that privilege, the price of arrangements in the constitution favorable to the small States, and to the elevation of the Government.
Vote changed from “ay” to “no” to conform to Journal.
Taken from Journal.
Vote 453, Detail of Ayes and Noes.
Vote 454, Detail of Ayes and Noes.
Votes 455-457, Detail of Ayes and Noes. From this point on in this day’s records it seems hopeless to determine the order of questions and votes. The editor has tried simply to remove some of the confusion by assigning votes from Detail of Ayes and Noes to their respective questions, and distributing the balance as seems probable.
Vote 459-461, Detail of Ayes and Noes.
Vote 462, Detail of Ayes and Noes.
Vote 463, Detail of Ayes and Noes. Probably is the same as Madison reports on eventual choice of President by Senate.
Vote 470, Detail of Ayes and Noes, probably belongs here although the wording is slightly different.
Vote 464, Detail of Ayes and Noes.
Vote 467, Detail of Ayes and Noes, probably belongs here.
Vote 458, Detail of Ayes and Noes.
Vote 468, Detail of Ayes and Noes.
Vote 465, Detail of Ayes and Noes.
Vote 469, Detail of Ayes and Noes.
Vote 471, Detail of Ayes and Noes.
Vote 472, Detail of Ayes and Noes.
Vote 466, Detail of Ayes and Noes.
See Appendix A, CXLIX.
Probably but not certainly a later insertion.
Crossed out “observed that the parts of the Report ought to be regarded as distinct”.
An ineligibility wd. have followed (tho’. it wd. seem from the vote not in the opinion of all.) this prolongation of the term.
Taken from Journal.
Taken from Journal. Madison is in error in copying this here, as he has the same question and vote in his own records a little farther on.
It is possible that this vote was copied from Journal.
Upon the method of electing the president, see above June 1-2, June 9, July 17-26, August 24, September 4-5, also (mainly on the compromise) Appendix A, XLI, CXXXVII, CLII, CLVIII (74-77), CLXXIII, CXCVIII, CCXIII, CCXV, CCXXII, CCXXVII, CCXXXIV, CCLXIII, CCLXXXVI, CCLXXXVIII, CCXCI, CCC, CCCII, CCCIII, CCCV, CCCXVIII, CCCXLV-CCCXLIX, CCCLII.
This may be a later insertion.
See further, Appendix A, CIII.
Vote 473, Detail of Ayes and Noes.
Vote 474, Detail of Ayes and Noes.
Votes 475 and 476, Detail of Ayes and Noes.
Votes 477-479, Detail of Ayes and Noes.
Vote 482, Detail of Ayes and Noes. Journal (pp. 340-341) mistakenly assigns Vote 480 to this question, see Madison’s note below.
Vote 483, Detail of Ayes and Noes.
Vote 480, Detail of Ayes and Noes.
Vote 481, Detail of Ayes and Noes.
Taken from Journal.
〈In the printed Journal this amendment is put into the original Motion.〉
Crossed out “adding that otherwise three members might possibly elect them being from their several States and a quorum being made up by the representatives of two large States”.
Crossed out: “clause (2)”.
Crossed out “Clause (6)”.
Upon the Vice-President, see CLVIII (78), CCXXVI, CCXCVII, CCXCIX.
Crossed out “(7) clause”.
See further, September 8, Appendix A, CXLIX, CLII, CLXX, CCXXV, CCXXVIII, CCLXXII, CCLXXIV, CCCXXII, CCCXXVI.
See Appendix A, CXLIX.
See Appendix A, CLXXXIV.
See further Appendix A, CXXXVII, CXLIX, CLVIII (80), CCXXVIII, CCXLI, CCXLIII, CCXLV, CCLXXVII, CCLXXXVII, CCCV, CCCXVII, CCCXXVI, CCCLXXXIII, also CXXVIII.
Several lines preceding were crossed out, they contained Mason’s motion for a Council of State repeated below. From the Journal and Detail of Ayes and Noes, it seems as if this motion might have been offered at this time, but not voted upon till later.
Crossed out “Clause (7)”.
See Appendix A, CCIV, CCXVII.
See above, note 5, and Appendix A, CCCXXXVII.
Taken from Journal, which is in erorr as to the vote. See above note 5.
Crossed out “N. H. ay all the rest ay”. See Vote 482, Detail of Ayes and Noes, and note 5.
〈Not so stated in the Printed Journal; but comformable to the result afterwards appearing. passed in the〉
See further Appendix A, CIV.
Vote 496, Detail of Ayes and Noes. No vote being recorded, the assumption is that it was unanimous as in Votes 493 and 495.
Vote 497, Detail of Ayes and Noes.
Vote 501, Detail of Ayes and Noes. Journal (p. 347) assigns this to September 10.
See Appendix A, CCIV.
Taken from Journal.
See Appendix A, CXLIX, CLVIII (81-82), CLXX, CCCVI, CCCXCII.
Revised from Journal.
〈In the printed Journal. S. Carolina — no.〉
Taken from Journal.
Taken from Journal.
Upon this subject, see June 13 (references under note 13), and Appendix A, CXLVI a, CLXXXI, CCX.
This was a conciliatory vote, the effect of the compromise formerly alluded to. See Note Wednesday Sepr. 5.
Taken from Journal.
See Appendix A, CCXVIII.
〈This motion vote are entered on the Printed journal of the ensuing morning.〉
See further Appendix A, CV.
Votes 506 507, Detail of Ayes and Noes.
Madison originally recorded both Massachusetts and New Jersey as voting “ay”. This made the total vote on the question affirmative. Later he revised his record to conform to Journal.
〈The Printed Journal makes the succeeding proviso as to sections 4 5 of art: VII, moved by Mr. Rutlidge, part of the proposition of Mr. Madison.〉
See Appendix A, CCCXXXII.
“from . . . out” possibly a later insertion.
See Appendix A, CXCIX.
The votes of Massachusetts, Pennsylvania, and South Carolina were changed from “ay” to “no”. In the case of South Carolina this may have been a later revision, in the case of the other two, probably not.
Taken from Journal.
〈These motions not entered in the printed Journal.〉
Compiled by the editor from the proceedings of the Convention.
Sect. 5 was struck out.
Sect. 2 was struck out.
The correct location of this clause is uncertain. It was considered and adopted in connection with the “powers of Congress”, and so is inserted here.
Sect. 6 was struck out.
Original numbering, the sections above numbered 2-4 were insertions.
Action taken by the Convention at the close of the proceedings on September 10.
Upon the work of the Committee of Style and Arrangement, in particular the share of Gouverneur Morris, see Appendix A, CLVI, CCCXIV, CCCLXXIX.
No copy found among the secretary’s papers.
Vote 511, Detail of Ayes and Noes. From this point on the records of the Journal are more unsatisfactory than ever, and it is impossible to reach any satisfactory conclusion with regard to the various questions and votes. At the request of John Quincy Adams, when he was preparing the Journal for publication, Madison first sent him extracts from his notes of the last two days, and later, as far as he was able, filled in the blanks of a list of ayes and noes submitted to him by Adams. See Appendix A, CCCXXIV, CCCXXVIII, CCCXXX, CCCXXXVII.
Vote 512, Detail of Ayes and Noes, might be assigned to this question. Journal (p. 369) assigns Vote 513. Votes 512 and 513 may belong under September 13.
This document was among the papers of the Convention turned over to the Secretary of State by President Washington in 1796. It is in the handwriting of Gouverneur Morris.
See Appendix A, CCCLI.
See Appendix A, CCXXV, CCCXIII.
[Endorsed:] Draught of the letter from the Convention to Congress, to accompany the Constitution.
〈This is a literal copy of the printed Report. 4 The Copy in the printed Journal contains some of the alterations subsequently made in the House.〉
There is no such transcript among the Madison Papers. A copy of the printed “report is given below.”
There is no such transcript among the Madison Papers. A copy of the printed “report is given below.”
See Appendix A, CXXV, CXLVI a, CL, CLIII, CLVIII (85-86), CLXX, CLXXXIX, CXCVIII, CXCIX, CCVI, CCXV, CCXXVIII, CCXXX.
Upon a Bill of Rights, see Appendix A, CXLV, CXLIX, CLXXIII, CLXXXIX, CXCII, CXCVIII, CCXLII.
See Appendix A, CLVIII (73), CLXXXIV, also August 25, note 13.
Madison’s copy of this report is a printed broadside, preserved, with other printed papers, in Volume XV of “Writings to Madison.” It shows additions, alterations and interlineations in Madison’s handwriting, and these are indicated here by enclosing in angle brackets. Underscoring was likewise done by pen. At the top of his copy Madison wrote:
“As Reported by Come, of revision, or Stile arrangement. Sepr. 12. consisting of Mr Johnson Mr Hamilton Mr. Morris, Mr. Madison Mr King.”
〈The words “by lot” — were not in the Report as printed; but were inserted in manuscript, as a topografical error, departing from the text of the Report referred to the Committee of Style and arrangement.
“ex-officio” crossed out by Madison.
This paragraph has caused a great deal of confusion. The Report of the Committee of Detail on August 6 provided for a two-thirds vote of both houses to overrule the president’s veto. On August 15 this was changed to three-fourths. The Committee on Style seem to have changed this back to two-thirds in this paragraph, but left it as three-fourths in the next. On September 12th, this was changed again to two-thirds.
〈In the entry of this Report in the printed Journal “two thirds” are substituted for “three fourths”. 11 This change was made after the Report was received.〉
Madison is in error. The Journal reading is identical with his own. See above note 10.
See Appendix A, CCLXXXI, CCCXLIV, CCCLXXII.
Interlined by Madison.
“naturalization”, see Appendix A, CCL.
(punish) a typographical omission
Interlined by Madison.
The “n” of every “nor” in this section was crossed out by Madison.
Marginal note by Madison marked to be inserted at this point: “provided that no State shall be restrained from imposing the usual duties on produce exported from such State for the sole purpose of defraying the charges of inspecting packing storing indemnifying the losses on such produce while in the custody of public officers. But all such regulations shall in case of abuse be subject to the revision controul of Congress.”
“Nor” crossed out, and “No State shall without the consent of Congress” interlined by Madison.