Journal of the Federal Convention / United States.Constitutional Convention ; kept by James Madison ; edited by E.H. Scott.

Format:

Book

Author/Creator:

United States. Constitutional Convention (1787), lat, author.

Contributor:

Madison, James, 1751-1836, contributor.

Scott, E. H. (Erastus Howard), 1855-1928, editor.

Series:

Legal classics library (Buffalo, N.Y.)

Language:

English

Subjects (All):

Constitutional history--United States--Sources.

Constitutional history.

Physical Description:

1 online resource (805 pages).

Other Title:

Journal of the Federal Convention Kept by James Madison Reprinted from the Edition of 1840, Which was Published under Directory of the United States Government from the Original Manuscripts. A Complete Index Specially Adapted to This Edition is Added

Place of Publication:

Chicago : Albert, Scott & Co., 1898.

Contents:

DEBATES IN THE FEDERAL CONVENTION, FROM MONDAY, MAY 14TH, 1787, TO MONDAY, SEPTEMBER 17TH, 1787

Introduction

Confederacies

-Meeting of Colonial Deputies at Albany, in 1754

-Congress of 1774

-Declaration of Independence

-Articles of Confederation

-Difficulties arising from the public lands, and duties on foreign commerce

-Want of a permanent revenue

-Resolution of Virginia for a Convention

-Meeting of the Convention at Annapolis, in 1786

-Recommends Federal Convention

-Proceedings of Virginia and other States

-Previous suggestions for a Convention by Pelatiah Webster, General Schuyler, Alexander Hamilton, Richard H. Lee, and Noah Webster

-Defects to be provided for by a Constitution

-Mr. Madison's sketch

-Meeting of Federal Convention in 1787

-Manner in which the Reports of the Debates were taken

Friday, May 25th

Organization of Convention

-General Washington chosen President, and Major Jackson Secretary

-Delaware credentials

-Committee on Rules

Monday, May 28th

Rules reported

-No yeas and nays required

-Vote by States

-Letter from, Rhode Island

Tuesday, May 29th

Additional rules

-Keeping of minutes

-Convention goes into Committee of the Whole

-Mr. Randolph submits fifteen propositions

-His remarks

-Propositions stated

-Mr. Charles Pinckney submits a plan of a Constitution

-Plan stated

Wednesday, May 30th

Mr. Randolph's first proposition withdrawn, and a substitute offered

-The proposed government to be National, and to consist of a Legislature, Executive, and Judiciary

Mr. Randolph's second proposition

-The right of suffrage in the National Legislature, to be proportioned to the quotas of contribution, or the number of free inhabitants as is best in different cases

-Postponed

Thursday, May 31st

Mr. Randolph's third proposition

-The National Legislature to have two branches

-Agreed to

Mr. Randolph's fourth proposition

-First branch of the National Legislature to be elected by the people

-Agreed to

-Qualifications &c. of members of first branch

Mr. Randolph's fifth proposition

-Second branch of the National Legislature to be chosen by the first branch, from nominations by State Legislatures

-Disagreed to

-Qualifications of members of second branch

-Not considered

Mr. Randolph's sixth Proposition

-Powers of the National Legislature

-Each branch to originate laws

-National Legislature to possess all the legislative powers of the Congress of the Confederation, to pass laws where State Legislatures are incompetent; or where necessary to preserve harmony among the States, and to negative State laws contravening the articles of union or foreign treaties

-The National Legislature authorized to exert the force of the whole against a delinquent State

Friday, June 1st

Mr. Randolph's seventh proposition

-The National Executive to possess the Executive powers of the Congress of the Confederation

-Amended, to possess power to execute the National laws, and appoint to offices not otherwise provided for

-Amendment agreed to

-To be chosen for a term of

years

-Amended, for seven years

-To be chosen by the National Legislature

Saturday, June 2D

-The National Executive to be chosen by the National Legislature, resumed

-To receive fixed compensation

-Amended, to receive no salary, but expenses to be defrayed

-Amendment postponed

-To be ineligible a second time

-Amended, to be removable on impeachment

-Clause and amendment agreed to

-To consist of

persons

Monday, June 4th

-The National Executive to consist of

persons, resumed

-Amended, a single person

Mr. Randolph's eighth proposition

-A Council of Revision, to consist of the National Executive, and a convenient number of the National Judiciary, to have a negative on acts of National Legislature unless again passed by

-Members of each branch

-Amended, to give the National Executive alone that power, unless overruled by two-thirds of each branch of the National Legislature

-Amendment agreed to

Mr. Randolph's ninth proposition

-The National Judiciary to be established

-To consist of one or more supreme tribunals and of inferior tribunals

-Amended to consist of one supreme tribunal and of inferior tribunals

Tuesday, June 5th

-The National Judiciary to be chosen by the National Legislature

-To hold office during good behaviour and to receive fixed compensation

-To have jurisdiction over offences at sea, captures, cases of foreigners and citizens of different States, of National revenue, impeachments of National officers, and questions of National peace and harmony

Mr. Randolph's tenth proposition

-New States to be admitted

Mr. Randolph's eleventh proposition

-Republican government and its territory, except in case of voluntary junction, to be guaranteed to each State

Mr. Randolph's twelfth proposition

-The Congress of the Confederation to continue till a given day, and its engagements to be fulfilled

Mr. Randolph's thirteenth proposition

-Provision to be made for amendments of the Constitution, without the assent of the National Legislature

Mr. Randolph's fourteenth proposition

-National and State officers to take an oath to support the National Government

Mr. Randolph's fifteenth proposition

-The Constitution to be ratified by Conventions of the people of the States recommended by the State Legislatures

Motion to strike out ``inferior tribunals'' in the ninth proposition

Motion to amend the ninth proposition, so as to empower the National Legislature to institute inferior tribunals

Wednesday, June 6th

Motion to amend fourth proposition so as to provide that the first branch of the National Legislature be elected by the State Legislatures

-Disagreed to

Motion to reconsider the vote on the eighth proposition, so as to unite a convenient number of the National Judiciary with the National Executive in the revision of the acts of the National Legislature

Thursday, June 7th

Motions to supply the blank occasioned by the disagreement to Mr. Randolph's fifth proposition relative to the mode of choosing the second branch of the National Legislature

-To be elected by the people divided into large districts

-To be appointed by the National Executive out of nominations by the State Legislatures

-To be chosen by the State Legislatures

Friday, June 8th

Motion, on a reconsideration of that part of the sixth proposition which gives the National Legislature power to negative State laws contravening the articles of union, or foreign treaties, to extend the power so as to authorize the National Legislature to negative all laws which they should judge to be improper

Saturday, June 9th

Motion, on a reconsideration of that part of the seventh proposition which declares that the National Executive shall be chosen by the National Legislature, to substitute therefor that the National Executive be elected by the Executives of the States, their proportion of votes to be the same as in electing the second branch of the National Legislature

Monday, June 11th

Motion to consider Mr.

Randolph's second proposition, as to the right of suffrage in the National Legislature, which had been postponed

-Motion to substitute therefor that the right of suffrage in the National Legislature ought not to be according to the rule in the Articles of Confederation, (an equality, each State having one vote therein,) but according to some equitable ratio of representation

-Motion that this equitable ratio of representation should be according to the quotas of contribution

-Postponed

-Motion that this equitable ratio of representation should be in proportion to the number of free citizens and inhabitants, and three-fifths of other persons in each State

-Motion that there should be an equality of suffrage in the second branch of the National Legislature, each State to have one vote therein

-Motion that the right of suffrage should be the same in each branch

Motion to consider Mr. Randolph's eleventh proposition, guaranteeing republican government and its territory to each State, which had been postponed

-Motion to amend it, so as to guarantee to each State a republican Constitution, and its existing laws

Motion to consider Mr. Randolph's thirteenth proposition, providing for amendments to the Constitution, which had been postponed, agreed to

-Motion that provision for amendments ought to be made

-That the assent of the National Legislature ought not to be required

Motion to consider Mr. Randolph's fourteenth proposition, requiring oaths of National and State officers to observe the National Constitution, which had been postponed

-Motion to strike out the part requiring oaths of State officers

-Proposition agreed to

Tuesday, June 12th

Mr. Randolph's fifteenth proposition relative to ratification of the Constitution by State Conventions considered and agreed to

Motion to consider that part of Mr. Randolph's fourth proposition relative to the qualifications of the members of the first branch, which had been postponed

-Motion that the members of the first branch shall be elected every three years

-Shall be of

years of age

-Shall be allowed a fixed compensation, to be paid out of the National Treasury

-Shall be ineligible to State or National offices during their term of service, or for one year after

-Shall be incapable of re-election for

years after, and subject to recall

The part of Mr. Randolph's fifth proposition relative to qualifications of the members of the second branch, considered

-Motion that the members of the second branch shall be of the age of thirty years

-Shall hold their offices for the term of seven years

-Shall be entitled to no compensation

-Shall be subject to the same qualifications as to compensation and ineligibility as the members of the first branch

Wednesday, June 13th

The part of Mr. Randolph's ninth proposition relative to the jurisdiction of the National Judiciary was struck out

-Motion that National Judiciary shall have jurisdiction in cases of national revenue, impeachments of national officers and questions of national peace and harmony

-Motion that the judges of the supreme tribunal be appointed by the second branch (Senate) of National Legislature

Motion to amend that part of the sixth proposition which empowers each branch to originate acts by restraining the second (senatorial) branch from originating money bills

State of the resolutions (nineteen in number) as adopted by the Committee of the Whole; and founded on Mr. Randolph's fifteen propositions

Friday, June 15th

Mr. Patterson submits nine propositions to be substituted for those of Mr. Randolph

-Propositions stated

Saturday, June 16th

Mr. Patterson's first proposition

-The Articles of Confederation to be revised and enlarged

-Adjourned

Monday, June 18th

-The Articles of Confederation to be revised and enlarged, resumed

-Motion to amend so as to provide for an adequate government of the United States

Mr. Hamilton submits eleven propositions as amendments which he should probably offer to those of Mr. Randolph

-Read but not moved

Tuesday, June 19th

Motion to amend Mr. Patterson's first proposition so as to provide for an adequate government of the United States, resumed

-Motion to postpone Mr. Patterson's first proposition

Motion for the Committee of the Whole to rise and report the nineteen resolutions founded on Mr. Randolph's propositions as amended and adopted in committee

First resolution establishing a National Government to consist of a Legislative, Executive and Judiciary, considered by the Convention

Wednesday, June 20th

First resolution, establishing a National Government, resumed

-Motion to amend so as to establish a government of the United States

Second resolution that the National Legislature consist of two branches

-Motion to amend by striking out National

-Motion to amend by declaring that legislation be vested in the United States in Congress

Thursday, June 21st

Second resolution, that the Legislature consist of two branches, resumed

Third resolution, fixing election; term, qualifications, &c. of the first branch of the Legislature

-Motion to amend so as to provide that the election of the first branch be, as the State Legislatures, direct

-Motion to amend so as to provide that the term of the first branch be for two years

Friday, June 22D

Third resolution fixing election, term, qualifications, &c. of the first branch, resumed

-Motion to amend so as to provide that the compensation of members of the first branch shall be fixed by the National Legislature

-Motion to amend, by striking out its payment from the National Treasury

-Motion to amend so as to provide that the compensation shall be fixed

-Motion to amend so as to provide, that the members of the first branch shall be twenty-five years of age

-Motion to amend by striking out the ineligibility of members of the first branch

Saturday, June 23D

Third resolution for fixing the qualifications, &c. of the first branch, resumed

-Motion to amend by striking out the ineligibility of the members to State offices

-Motion to amend by confining their ineligibility to such National offices as had been established, or their emoluments increased while they were members

-Motion to confine their ineligibility to National offices, during one year after their term of service is expired

Monday, June 25th

Fourth resolution, fixing election, term, qualifications, &c.

of the second branch of the Legislature

-Motions to amend the clause relating to their term of office by making it six or five years

Tuesday, June 26th

Fourth resolution relative to the term of the second branch of the Legislature, resumed

-Motion to amend so as to make their term nine years, one third to go out every third year

-To make their term six years, one third to go out every second year

-Motion to amend by striking out their compensation

-Motion to amend so as to provide that their compensation be paid by the States

-Motion to provide that their compensation be paid out of the National Treasury

-Motion to confine their ineligibility to National offices during one year after their term of service is expired

Wednesday, June 27th

Fifth resolution authorizing each branch to originate acts

Sixth resolution defining the powers of the Legislature

Seventh resolution fixing the right of suffrage in the first branch of the Legislature, considered

Thursday, June 28th

Seventh resolution, fixing the right of suffrage in the first branch, resumed

-Motion to amend so as to provide that the right of suffrage in the first branch should be the same as in the Articles of the Confederation, (an equality, each State having one vote therein)

Friday, June 29th

Amendment proposed to the seventh resolution, so as to give each State an equal suffrage in the first branch, resumed

-Remaining clauses of seventh resolution postponed

Eighth resolution, fixing the same right of suffrage in the second branch of the Legislature as in the first

-Motion to amend so as to provide that each State should have an equal suffrage in the second branch

Saturday, June 30th

Amendment proposed to the eighth resolution, so as to give each State an equal suffrage in the second branch, resumed

-Proposition to amend so as to provide that each State should send an equal number of members to the second branch; that in all questions of State sovereignty and of appointments to office, each State shall have an equal suffrage, and that in fixing salaries and appropriations, each State shall vote in proportion to its contributions to the Treasury

-Not moved

Monday, July 2D

Motion to refer the clauses of the seventh and eighth resolutions, relating to the suffrage of both branches of the Legislature, to a Committee

Thursday, July 5Th

Report of Committee to amend the seventh resolution so as to provide that the proportion of suffrage of each State in the first branch, shall be one member for every forty thousand inhabitants of the description mentioned in that resolution, that each State shall have one member in the first branch; that all bills for raising or appropriating money shall originate in the first branch, and not be altered in the second; and that no payments shall be made from the treasury except on appropriations by law

Report to amend the eighth resolution so as to provide that each State shall have an equal suffrage in the second branch

Friday, July 6Th

Clause of the report on the seventh resolution, providing that the proportion of suffrage of each State in the first branch, should be one member for every forty thousand inhabitants, resumed

-Referred to a Committee

-Clause of the report on the seventh resolution providing that all money bills shall originate in the first branch, resumed

Saturday, July 7th

Report on the eighth resolution, providing that each State shall have an equal suffrage in the second branch, resumed

Monday, July 9Th

Report of the Committee, to amend the clause of the seventh resolution, relative to the proportion of suffrage in the first branch, by fixing at present the whole number therein at forty-six, and apportioning them in a certain ratio among the States, considered

-Referred to another Committee

Report of the Committee, providing that the future number of members of the first branch may be altered from time to time and fixed by the Legislature, on the principles of the wealth and numbers of inhabitants of each State

Tuesday, July 10th

Report of the Committee on the seventh resolution, providing that at present the whole number of members in the first branch shall be sixty-five and apportioning them in a certain ratio among the States

-Motion that a census be taken every

years, and the representation in the first branch be arranged by the Legislature accordingly

Wednesday, July 11th

Amendment to the seventh resolution, requiring the future representation to be arranged by the Legislature according to a periodical census, resumed

-Motion to amend it by requiring the Legislature to arrange the representation according to a census of the free inhabitants, taken at least every fifteen years

-Motion farther to amend by requiring the census to include three fifths of the negroes

Thursday, July 12th

Seventh resolution, relative to the proportion of suffrage in the first branch, resumed

-Motion to provide that representation and direct taxation shall be in the same proportion

-Motion to provide that for the future arrangement of representation, a census shall be taken within six years, and within every ten years afterwards, and that it shall be made according to the whole number of inhabitants, rating the blacks at three fifths of their number

Friday, July 13th

-Motion to provide that until the first census be taken, the proportion of the representatives from the States in the first branch, and the moneys raised from them by direct taxation shall be the same

-Motion to strike out the amendment heretofore made for regulating future representation on the principle of wealth

Saturday, July 14th

-Motion that the number of representatives in the first branch from new States, shall never exceed those of the present States

Eighth resolution, relative to the proportion of suffrage in the second branch, resumed

-Motion to provide that the second branch shall consist of thirty-six members, distributed among the States in certain proportions

Monday, July 16th

Seventh and eighth resolutions as amended, and fixing the suffrage in both branches, resumed

Sixth resolution, defining the powers of the Legislature, resumed

-Motion to amend by giving a specification of the powers not comprised in general terms

Tuesday, July 17th

-Motion to amend, so as to provide that the National Legislature should not interfere with the governments of the States in matters of internal police, in which the general welfare of the United States is not concerned

-Motion to amend so as to extend the power of the Legislature to cases affecting the general interests of the Union

-Motion to agree to the power of negativing State laws

-Motion to provide that the acts of the Legislature, and treaties made in pursuance of the Constitution, shall bind the several States

Ninth resolution, relative to National Executive

-Motion to amend so as to provide that the Executive be chosen by the people

-That he be chosen by Electors appointed by the State Legislatures

-Motion to amend by striking out the provision that the Executive is to be ineligible a second time

-Motion to amend so as to provide that the term of the Executive should be during good behaviour

-Motion to amend by striking out seven years as the Executive term

Wednesday, July 18th

Tenth resolution, giving the Executive a negative on acts of the Legislature not afterwards passed by two-thirds

Eleventh resolution,.

relative to the Judiciary

-Motion to amend so as to provide that the supreme judges be appointed by the Executive

-That they be nominated and appointed by the Executive, with the consent of two-thirds of the second branch

-Motion to amend so as to provide that their compensation shall not be diminished while in office

Twelfth resolution, relative to the establishment of inferior National tribunals, by the Legislature

Thirteenth resolution, relative to the powers of the National Judiciary

-Motion to amend by striking out their power in regard to impeachment of National officers

-Motion to amend so as to provide that their power shall extend to all cases arising under the National laws, or involving the National peace and harmony

-Agreed

Fourteenth resolution, providing for the admission of new States

Fifteenth resolution, providing for the continuance of the Congress of the Confederation and the completion of its engagements

Sixteenth resolution, guaranteeing a republican government and their existing laws to the States

-Motion to amend so as to provide that a republican form of government, and protection against foreign and domestic violence, be guaranteed to each State

Thursday, July 19th

Ninth resolution, relative to the National Executive, resumed

-Motion to amend so as to provide that the Executive be chosen by Electors chosen by the State Legislatures

-Motion to amend so as to provide that the Executive shall be ineligible a second time

-Motion to amend by making the Executive term six years

Friday, July 20th

-Motion to provide that the number of Electors of the Executive to be chosen by the State Legislatures shall be regulated by their respective numbers of representatives in the first branch, and that at present it shall be in a prescribed ratio

-Motion to amend by striking out the provision for impeaching the Executive

-Motion to provide that the Executive shall not be members of the National Legislature, nor National officers, nor eligible to the supreme magistracy

Saturday, July 21st

Ninth resolution, relative to National Executive, resumed

-Motion to provide for the payment of the Electors of the Executive out of the National Treasury

Tenth resolution, relative to the negative of the Executive on the Legislature, resumed

-Motion to amend by providing that the Supreme Judiciary be associated in this power

Eleventh resolution, relative to Judiciary, resumed

-Motion to provide that the Judges be nominated by the Executive, and appointed, unless two-thirds of the second branch disagree thereto

Monday, July 23D

Seventeenth resolution, providing for future amendments

Eighteenth resolution, requiring the oath of State officers to support the Constitution

Nineteenth resolution, requiring the ratification of the Constitution by State Conventions

-Motion to amend by providing for its reference to the State Legislatures

-Motion to a second Federal Convention

-Not seconded

The eighth resolution, relative to the suffrage in the second branch, resumed

-Motion to amend so as to provide that the representation consist of two members from each State, who shall vote per capita

Tuesday, July 24th

-Motion to amend so as to provide that he be appointed by the National Legislature, and not by Electors chosen by the State Legislatures

-Motion to amend so as to provide that the Executive be chosen by Electors taken by lot from the National Legislature

The resolutions as amended and adopted, together with the propositions submitted by Mr. Patterson, and the plan proposed by Mr. C. Pinckney, referred to a Committee of Detail, to report a Constitution conformable to the resolutions

Wednesday, July 25th

-Motion to appoint the Executive by Electors appointed by State Legislatures, where the actual Executive is re-eligible

-Motion to appoint the Executive by the Governors of States and their Councils

-Not passed

-Motion that no person be eligible to the Executive for more than six years in twelve

-Motion to authorize copies to be taken of the resolutions as adopted

Thursday, July 26th

The ninth resolution, relative to the National Executive, resumed

-Motion that the Executive be for seven years, and not re-eligible

The third and fourth resolutions, relative to the qualifications of the members of the Legislature, resumed

-Motion to require property and citizenship

-Motion to exclude persons indebted to the United States

Statement of the resolutions as amended agreed to, and referred to the Committee of Detail

Plan of a Federal Constitution, offered by Mr. Charles Pinckney on the 29th May, referred to the Committee of Detail

Propositions offered by Mr. Patterson on the 15th June, referred to the Committee of Detail

Monday, August 6th

Report of Committee of Detail

Draught of a Constitution, as reported by the Committee

Tuesday, August 7th

The Constitution as reported by the Committee of Detail, considered

The preamble, article first, designating the style of the government; and article second, dividing into a Supreme Legislative, Executive, and Judiciary, agreed to

Article third, dividing the Legislature into two distinct bodies, a House of Representatives, and Senate, with a mutual negative in all cases, and to meet on a fixed day

-Motion to confine the negative to Legislative acts

-Motion to strike out the clauses giving a mutual negative

-Motion to add that a different day of meeting may be appointed by law

-Motion to give the Executive an absolute negative on the Legislature

Article fourth, relative to the House of Representatives

-Motion to confine the rights of Electors to freeholders

Wednesday, August 8th

Article fourth, relative to the House of Representatives, resumed

-Motion to require seven years citizenship in members

-Motion to require the members to be inhabitants of the States they represent

-Motion to require the inhabitancy for a specified period

-Motion to require that after a census the number of members shall be proportioned to direct taxation

-Motion to fix the ratio of representation by the number of free inhabitants

-Motion to give every State one representative at least

-Motion to strike out the exclusive power over money bills

Thursday, August 9th

-Agreed to as amended

Article fifth, relative to the Senate

-Motion to strike out the right of State Executives to supply vacancies

-Motion to supply vacancies by the State Legislatures, or by the Executive till its next meeting

-Motion to postpone the clauses giving each member one vote

-Motion to require fourteen years citizenship in Senators

-Motion to require nine years citizenship in Senators

-Motion to require Senators to be inhabitants of the States they represent

Article sixth, relative to the elections, qualifications, and proceedings of the Legislature

-Motion to strike out the right of the Legislature to alter the provisions concerning the election of its members

Friday, August 10th

Article sixth, relative to the elections, qualifications, and proceedings of the Legislature, resumed

-Motion to require the Executive, Judiciary and Legislature, to possess a certain amount of property

-Motion to strike out the right of the Legislature to establish a qualification of its members

-Motion to reduce a quorum of each House below a majority

-Motion to authorize the compulsory attendance of members

-Motion to require a vote of two-thirds to expel a member

-Agreed.

to

-Motion to allow a single member to call the yeas and nays

-Motion to allow Senators to enter their dissent on the journals

-Motion to strike out the clause which confines the keeping and publication of the journal of the Senate to its Legislative business

Saturday, August 11th

-Motion to except from publication of such parts of the Senate journal, not Legislative, as it may judge to require secrecy

-Motion to except from publication such parts of the Senate journal as relate to treaties and military operations

-Motion to omit the publication of such parts of the journals as either House may judge to require secrecy

Monday, August 13th

-Motion to require only citizenship and inhabitancy in members

-Motion to require nine years citizenship

-Motion to require four and five years' citizenship instead of seven

-Motion to provide that the seven years' citizenship should not affect the rights of persons now citizens

Article fifth, relative to the Senate, resumed

-Motion to require seven years' citizenship in Senators instead of nine

-Motion to restore the clause relative to money bills

Tuesday, August 14th

-Motion to permit members to be appointed to office during their term, but to vacate their seats

-Motion to permit members to be appointed during their term to offices in the Army or Navy, but to vacate their seats

-Motion to pay the members out of the National Treasury, a sum to be fixed by law

Wednesday, August 15th

-Motion to unite the judges of the supreme court with the President, in his revisory power over acts of the Legislature

-Motion to require three-fourths instead of two-thirds to pass bills negatived by the Executive

-Motion to extend the negative of the Executive to resolves as well as bills

-Motion to allow the Executive ten days to revise bills

-Article sixth, as amended, agreed to

Thursday, August 16th

-Motion to subject joint resolutions, (except on adjournment,) to the negative of the Executive

Article seventh, relative to the powers of the Legislature

-Motion to exclude exports from duty

-Motion to authorize the establishment of post roads

-Motion to forbid the emission of bills of credit

Friday, August 17th

Article seventh, relative to the powers of the Legislature, resumed

-Motion that it may appoint a Treasurer by joint ballot

-Subdue rebellion in a State without the application of its Legislature when it cannot meet

-Declare war

Saturday, August 18th

Motion to add various powers to the Legislature

-Referred to the Committee of Detail

Motion relative to an assumption of the State debts

-Referred to a Grand Committee

-Motion that it may make rules for the Army and Navy

-Motion that the army shall be limited in time of peace to a fixed number

-Motion that the subject of regulating the militia be referred to the Grand Committee

Monday, August 20th

Article seventh, relative to the powers of Congress, resumed

-Motion that it may pass sumptuary laws

-Motions to amend the language defining and providing for the punishment of treason

-Motion to require the first census in three years

Tuesday, August 21st

Report of Grand Committee on assuming State debts, and regulating the militia

-Motion that State quotas for the expenses of the war be adjusted by the same rate as representation and direct taxation

-Motion that until a census, direct taxation should be in proportion to representation

-Motion to raise direct taxes by requisitions on the States

-Motion to permit taxes on exports by a vote of two-thirds

Wednesday, August 22D

Report of Committee of Detail on various proposed additional powers of the Legislature

-Motion to refer the clauses relative to the importation and migration of slaves, and to a capitation tax, and navigation act, to a Grand Committee

-Motion to prohibit attainders or ex post facto laws

-Motion to require the Legislature to discharge the debts, and fulfil the engagements of the United States

Thursday, August 23D

-Motion requiring them to organize the militia, when in the service of the United States, reserving the training and appointment of officers to the States

-Motion to prohibit foreign presents, offices, or titles, to any officer without consent of the Legislature

Article eighth, relative to the supreme authority of acts of the Legislature and treaties

-Motion to refer to a Committee, to consider the propriety of a power to them to negative State laws

Article ninth, relative to the powers of the Senate

-Motion to require treaties to be ratified by law

Friday, August 24th

Report of the Grand Committee on the importation and migration of slaves, and a capitation tax, and navigation act

Article ninth, relative to the powers of the Senate, resumed

-Motion to strike out the power to decide controversies between the States

Article tenth, relative to the Executive

-Motion that the Executive be elected by the people

-By Electors chosen by the people of the States

-By joint ballot of the Legislature, and a majority of the members present

-Motion that each State have one vote in electing the Executive

-Motion to require the President to give information to the Legislature

-Motion to restrain appointing power by law

-Motion to except from the appointing power, officers otherwise provided for by the Constitution

-Motion to authorize by law, appointments by State Legislatures and Executives

Saturday, August 25th

-Motion that in discharging the debts of the United States, they shall be considered as valid under the Constitution, as they were under the Confederation

-Motion to postpone the prohibition for importing slaves to 1808

-Motion to confine the clause to such States as permit the importation of slaves

-Motion that the tax on such importation shall not exceed ten dollars for each person

-Motion that a capitation tax shall be in proportion to the census

Article tenth, relative to the Executive, resumed

-Motion to limit reprieves to the meeting of the Senate, and requiring their consent to pardons

-Motion to except cases of impeachment from the pardoning power

-Motion that his pardon shall not be pleadable in bar

Monday, August 27th

-Motion to limit his command of the militia to their being in the service of the United States

-Motion to require an oath from the Executive

Article eleventh, relative to the Judiciary

-Motion to confer equity powers on the courts

-Motion that the judges may be removed by the Executive, on.

application of the Legislature

-Motion that the salaries of judges should not be increased while they are in office

-Motion to extend jurisdiction to cases in which the United States are a party, or arising under the Constitution, or treaties, or relating to lands granted by different States

-Motion to extend the appellate jurisdiction to law and fact

Tuesday, August 28th

-Motion to confine the appellate jurisdiction in certain cases to the Supreme Court

-Motion that crimes not committed within any State be tried where the Legislature directs

-Motion that the writ of Habeas Corpus shall not be suspended, unless required by invasion or rebellion

Article twelfth, relative to the prohibitions on the power of the States

-Motions to prohibit them absolutely from emitting bills of credit, legalizing any tender except gold or silver, or passing attainders or retrospective laws, or laying duties on imports

-Motion to forbid them to lay embargoes

Article thirteenth, relative to the prohibitions on slaves, unless authorized by the National Legislature

-Motion to include in these duties on exports, and, if permitted, to be for the use of the use of the United States

Article fourteenth, relative to the rights of citizens of one State in another

Article fifteenth, relative to the delivery of persons fleeing to other States

-Motion to extend it to all cases of crime

-Motion to extend it to fugitive slaves

-Withdrawn

Wednesday, August 29th

Article sixteenth, relative to the effect of public records and documents of one State in another

-Motion to refer it to a Committee to add a provision relative to bankruptcies and foreign judgments

-Motion to require two-thirds of each House on acts regulating foreign commerce

-Motion to strike out the provision requiring two-thirds of each House on navigation acts

Article fifteenth, relative to the delivery of persons fleeing to other States, resumed

-Motion to extend it to slaves

-Agreed to. Article seventeenth, relative to the admission of new States

-Motion to strike out the clause requiring their admission on the same terms with the original States

Thursday, August 30th

Article seventeenth, relative to the admission of new States, resumed

-Motion not to require any other assent than that of Congress to admit other States now existing

-Motion not to require any other assent than that of Congress, to admit States over which those now existing exercise no jurisdiction

-Motion to allow the Legislature to form new States within the territory claimed by the existing States

-Motion to require assent of the State Legislatures to a junction of States

-Motion to authorize the Legislature to make regulations regarding the territories, but not to affect the claims either of the United States, or the States

-Motion to refer such claims to the Supreme Court

Article eighteenth, guaranteeing to the States a republican government, and protection against foreign invasion, and, on the application of the State Legislature, against domestic violence

-Motion to strike out the clause requiring the application of the State Legislature

-Motion to authorize it on the application of the State Executive

-Motion to limit the Executive application to a recess of the Legislature

Article nineteenth, relative to amendments of the Constitution

Article twentieth, relative to the oath to support the Constitution

-Motion to forbid any religious test

Article twenty-first, relative to the ratification of the Constitution

-Motion to require it to be by all the States

Friday, August 31st

Article twenty-first, relative to the number of States necessary for a ratification of the Constitution, resumed

-Motion that the Constitution be confined to the States ratifying it

-Motion not to require the ratification to be made by conventions

-Motion to require unanimous ratification of the States

-That of nine States

Article twenty-second, relative to the mode of ratification

-Motion not to require the approbation of the present Congress

-Motion that the State Legislatures ought to call Conventions speedily

Article twenty-third, relative to the measures to be taken for carrying the Constitution into effect when ratified

-Motion to strike out the clause requiring the Legislature to choose the Executive

-Motion that no different duties or regulations, giving preference to the ports of any particular State, or requiring clearances, &c., between them, shall be made

Saturday, September 1st

Report of Committee on Article six, section nine

-Report of Committee on Article sixteen

Monday, September 3D

Article sixteenth, relative to the effect of public records and documents of one State in another, resumed

-Motion to require the Legislature to provide the manner of authenticating them

-Motion that they may establish a bankrupt law

-Motion to amend the rule as to incapacity, by prescribing only that members shall not hold an office of emolument, and shall vacate their seats on appointment

-Motion to limit such incapacity to offices created, or whose emoluments were increased during their term

-Motion to render office and membership incompatible

Tuesday, September 4th

Article seventh, relative to the powers of the Legislature resumed

-Motion that they shall lay and collect taxes to pay debts and provide for the common defence and welfare

-Regulate trade with the Indians

-Motion to appoint a Vice President, and he and the President to be chosen by Electors appointed in such manner as the State Legislatures may direct; if not chosen by a majority of the Electors to be balloted for by the Senate from the five highest

Wednesday, September 5th

-Motion that they may grant letters of marque

-Not make army appropriations for more than two years

-Have exclusive jurisdiction in the district ceded for the seat of government, and for other purposes with the consent of the State Legislatures

-Grant patents and copyrights

-Motion that in case of failure of the Electors to elect, the choice shall be by the Legislature

-Motion not to require a majority of the Electors but one third to choose a President

-Motion that a choice of the Senate be limited to the three highest

-To the thirteen highest

Thursday, September 6th

-Motion to exclude members of the Legislature, and public officers from being Electors

-Motion to extend the Executive term to seven and six years

-Motion to elect the Executive by Electors

-Motion that the election be at the seat of Government

-On the same day throughout the Union

-Motion to refer it to the Senate, two thirds being present, if not made by the Electors

-Motion to refer it to the House of Representatives, two thirds of the States being present, and each State to have one vote

Friday, September 7th

-Motion to leave to the Legislature to declare the Executive officer in case of death, &c., of President and Vice President, until a new election

-Motion that the President be a natural born citizen, and thirty-five years of.

age

-Motion that the Vice President be President of the Senate

-Motion to unite House of Representatives in the treaty power

-Motion to give the Executive and Senate the appointing power

-Motion to allow treaties of peace to be made by the Executive and a majority of the Senate

-Motion to allow two thirds of the Senate to make treaties of peace without the Executive

-Motion to appoint an Executive Council

Saturday, September 8th

-Motion to require treaties of peace to be consented to by two thirds of the Senate

-Motion to require that in such cases two thirds of all the members be required

-Motion to extend impeachment to high crimes and misdemeanors

-Motion to withdraw trial of impeachment from the Senate

-Motion that it must originate, but Senate may amend, money bills

-Motion that he may convene both or either House

All the Articles as amended and agreed to, referred to a Committee of Revision

Monday, September 10th

Article nineteenth, relative to amendments of the Constitution, resumed

-Motion that Legislature may propose amendments, to be binding when assented to by three-fourths of the States

Article twenty-first, relative to the number of States necessary for a ratification of the Constitution

-Motion to require the assent of the present Congress, before submitting it to the States for ratification

Article twenty-second, relative to the mode of ratifying the Constitution

-Motion to require the assent of the present Congress

-Motion to submit the Constitution after it is acted on by the State Conventions, to a second Federal Convention

-Motion that an address to the States accompany the Constitution, when transmitted for ratification

Wednesday, September 12th

The Constitution as reported by the Committee of Revision, considered

Article first, relative to the Legislative power

-Motion to require two thirds instead of three fourths to overrule the negative of the President

Motion to add a bill of rights

Thursday, September 13th

Motion for a Committee to report articles of association for encouraging, by the influence of the Convention, economy, frugality, and American manufactures

Article first, relative to the Legislative power, resumed

-Motion to permit the States to impose such duties on exports as are necessary to execute their inspection laws

Resolutions directing the mode of proceeding in the present Congress to submit the Constitution to the States

Friday, September 14th

Article first, relative to the Legislative powers, resumed

-Motion to change the present proportion of members in the House of Representatives

-Motion that officers impeached be suspended till trial

-Motion to require the House of Representatives to publish all its proceedings

-Motion that Treasurer be appointed as other officers

-Motion to provide for cutting canals and granting charters of incorporation, where the States may be incompetent

-To establish a university

-To provide for the preservation of the liberty of the press

-To publish the expenditures

Saturday, September 15th

-Motion that the inspection laws of the State may be revised by Congress

-Motion that no State shall lay a duty on tonnage, without assent of Congress

Article second, relative to the Executive

-Motion that President shall receive no emolument from the States during his term

-Motion to deprive the President of the power to pardon treason

-Motion that appointments to inferior offices may be vested by law

Article third, relative to the Judiciary

-Motion to provide for trial by jury in civil cases

Article fifth, relative to amendments to the Constitution

-Motion to require Congress to call a Convention on an application of two thirds of the States

-Motion to guarantee to the States an equal representation in the Senate

-Motion to forbid the passage of a navigation act before 1808, without two thirds of each House

Motion that the amendments of the States be submitted to a new Federal Convention

The Constitution, as amended

Monday, September 17th

-Motion to provide that thirty thousand instead of forty thousand, be the lowest ratio of representation

Motion that the Constitution be signed as agreed to by all the States

Motion that the Journals and papers be deposited with the President

The Constitution signed as finally amended, and the Convention adjourned.

Notes:

Description based on publisher supplied metadata and other sources.

Includes index.