Journal of the Federal Convention Kept by James Madison

, by Scott, E. H.; Madison, James

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ISBN: 9781584772569 | 1584772565
Cover: Hardcover
Copyright: 9/30/2003

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Supplemental Materials

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

Introduction

(24)

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

(2)

Organization of Convention---General Washington chosen President, and Major Jackson Secretary---Delaware credentials---Committee on Rules

Monday, May 28th

(3)

Rules reported---No yeas and nays required---Vote by States---Letter from, Rhode Island

Tuesday, May 29th

(14)

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

(6)

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 Randolph's first proposition withdrawn, and a substitute offered---The proposed government to be National, and to consist of a Legislature, Executive, and Judiciary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

(6)

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---Postponed

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

Friday, June 1st

(5)

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---Amendment agreed to---To be chosen by the National Legislature---Postponed

Saturday, June 2D

(10)

Mr. Randolph's seventh proposition---The National Executive to be chosen by the National Legislature, resumed---Agreed to---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---Postponed

Monday, June 4th

(9)

Mr. Randolph's seventh proposition---The National Executive to consist of------persons, resumed---Amended, a single person---Agreed to

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---Agreed to---To consist of one or more supreme tribunals and of inferior tribunals---Amended to consist of one supreme tribunal and of inferior tribunals---Amendment agreed to

Tuesday, June 5th

108

(7)

Mr. Randolph's ninth proposition---The National Judiciary to be chosen by the National Legislature---Disagreed to---To hold office during good behaviour and to receive fixed compensation---Agreed to---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---Postponed

Mr. Randolph's tenth proposition---New States to be admitted---Agreed to

Mr. Randolph's eleventh proposition---Republican government and its territory, except in case of voluntary junction, to be guaranteed to each State---Postponed

Mr. Randolph's twelfth proposition---The Congress of the Confederation to continue till a given day, and its engagements to be fulfilled---Agreed to

Mr. Randolph's thirteenth proposition---Provision to be made for amendments of the Constitution, without the assent of the National Legislature---Postponed

Mr. Randolph's fourteenth proposition---National and State officers to take an oath to support the National Government---Postponed

Mr. Randolph's fifteenth proposition---The Constitution to be ratified by Conventions of the people of the States recommended by the State Legislatures---Postponed

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

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

Wednesday, June 6th

115

(9)

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---Disagreed to

Thursday, June 7th

124

(7)

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---Disagreed to---To be appointed by the National Executive out of nominations by the State Legislatures---Disagreed to---To be chosen by the State Legislatures---Agreed to

Friday, June 8th

131

(5)

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---Disagreed to

Saturday, June 9th

136

(6)

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---Disagreed to

Monday, June 11th

142

(8)

Motion to consider Mr. Randolph's second proposition, as to the right of suffrage in the National Legislature, which had been postponed---Agreed to---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---Agreed to---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---Agreed to---Motion that there should be an equality of suffrage in the second branch of the National Legislature, each State to have one vote therein---Disagreed to---Motion that the right of suffrage should be the same in each branch---Agreed to

Motion to consider Mr. Randolph's eleventh proposition, guaranteeing republican government and its territory to each State, which had been postponed---Agreed to---Motion to amend it, so as to guarantee to each State a republican Constitution, and its existing laws---Agreed to

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

Motion to consider Mr. Randolph's fourteenth proposition, requiring oaths of National and State officers to observe the National Constitution, which had been postponed---Agreed to---Motion to strike out the part requiring oaths of State officers---Disagreed to---Proposition agreed to

Tuesday, June 12th

150

(7)

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---Agreed to---Motion that the members of the first branch shall be elected every three years---Agreed to---Shall be of------years of age---Disagreed to---Shall be allowed a fixed compensation, to be paid out of the National Treasury---Agreed to---Shall be ineligible to State or National offices during their term of service, or for one year after---Agreed to---Shall be incapable of re-election for------years after, and subject to recall---Disagreed to

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---Agreed to---Shall hold their offices for the term of seven years---Agreed to---Shall be entitled to no compensation---Disagreed to---Shall be subject to the same qualifications as to compensation and ineligibility as the members of the first branch---Agreed to

Wednesday, June 13th

157

(6)

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

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---Disagreed to

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

163

(4)

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

Saturday, June 16th

167

(8)

Mr. Patterson's first proposition---The Articles of Confederation to be revised and enlarged---Adjourned

Monday, June 18th

175

(12)

Mr. Patterson's first proposition---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---Postponed

Mr. Hamilton submits eleven propositions as amendments which he should probably offer to those of Mr. Randolph---Read but not moved

Tuesday, June 19th

187

(12)

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

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---Agreed to

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

Wednesday, June 20th

199

(10)

First resolution, establishing a National Government, resumed---Motion to amend so as to establish a government of the United States---Agreed to

Second resolution that the National Legislature consist of two branches---Motion to amend by striking out National---Agreed to---Motion to amend by declaring that legislation be vested in the United States in Congress---Disagreed to

Thursday, June 21st

209

(8)

Second resolution, that the Legislature consist of two branches, resumed---Agreed to

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

Friday, June 22D

217

(6)

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---Disagreed to---Motion to amend, by striking out its payment from the National Treasury---Disagreed to---Motion to amend so as to provide that the compensation shall be fixed---Agreed to---Motion to amend so as to provide, that the members of the first branch shall be twenty-five years of age---Agreed to---Motion to amend by striking out the ineligibility of members of the first branch---Disagreed to

Saturday, June 23D

223

(5)

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---Agreed to---Motion to amend by confining their ineligibility to such National offices as had been established, or their emoluments increased while they were members---Disagreed to---Motion to confine their ineligibility to National offices, during one year after their term of service is expired---Agreed to

Monday, June 25th

228

(13)

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---Disagreed to

Tuesday, June 26th

241

(9)

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---Disagreed to---To make their term six years, one third to go out every second year---Agreed to---Motion to amend by striking out their compensation---Disagreed to---Motion to amend so as to provide that their compensation be paid by the States---Disagreed to---Motion to provide that their compensation be paid out of the National Treasury---Disagreed to---Motion to amend by striking out the ineligibility of the members to State offices---Agreed to---Motion to confine their ineligibility to National offices during one year after their term of service is expired

Wednesday, June 27th

250

(2)

Fifth resolution authorizing each branch to originate acts---Agreed to

Sixth resolution defining the powers of the Legislature---Postponed

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

Thursday, June 28th

252

(9)

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)---Postponed

Friday, June 29th

261

(9)

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

Saturday, June 30th

270

(14)

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

284

(6)

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

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

Thursday, July 5Th

290

(9)

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

299

(8)

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---Agreed to

Saturday, July 7th

307

(4)

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

Monday, July 9Th

311

(4)

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---Agreed to

Tuesday, July 10th

315

(6)

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---Agreed to---Motion that a census be taken every------years, and the representation in the first branch be arranged by the Legislature accordingly---Adjourned

Wednesday, July 11th

321

(12)

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

Thursday, July 12th

333

(6)

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---Agreed to---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---Agreed to

Friday, July 13th

339

(6)

Seventh resolution, relative to the proportion of suffrage in the first branch, resumed---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---Agreed to---Motion to strike out the amendment heretofore made for regulating future representation on the principle of wealth---Agreed to

Saturday, July 14th

345

(10)

Seventh resolution, relative to the proportion of suffrage in the first branch, resumed---Motion that the number of representatives in the first branch from new States, shall never exceed those of the present States---Disagreed to

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---Disagreed to

Monday, July 16th

355

(5)

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

Sixth resolution, defining the powers of the Legislature, resumed---Motion to amend by giving a specification of the powers not comprised in general terms---Disagreed to

Tuesday, July 17th

360

(13)

Sixth resolution, defining the powers of the Legislature, resumed---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---Disagreed to---Motion to amend so as to extend the power of the Legislature to cases affecting the general interests of the Union---Agreed to---Motion to agree to the power of negativing State laws---Disagreed to---Motion to provide that the acts of the Legislature, and treaties made in pursuance of the Constitution, shall bind the several States---Agreed to

Ninth resolution, relative to National Executive---Motion to amend so as to provide that the Executive be chosen by the people---Disagreed to---That he be chosen by Electors appointed by the State Legislatures---Disagreed to---Motion to amend by striking out the provision that the Executive is to be ineligible a second time---Agreed to---Motion to amend so as to provide that the term of the Executive should be during good behaviour---Disagreed to---Motion to amend by striking out seven years as the Executive term---Disagreed to

Wednesday, July 18th

373

(9)

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

Eleventh resolution, relative to the Judiciary---Motion to amend so as to provide that the supreme judges be appointed by the Executive---Disagreed to---That they be nominated and appointed by the Executive, with the consent of two-thirds of the second branch---Disagreed to---Motion to amend so as to provide that their compensation shall not be diminished while in office---Agreed to

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

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---Agreed to---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---Agreed to

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

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---Agreed to

Thursday, July 19th

382

(9)

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---Agreed to---Motion to amend so as to provide that the Executive shall be ineligible a second time---Disagreed to---Motion to amend by making the Executive term six years---Agreed to

Friday, July 20th

391

(7)

Ninth resolution, relative to the National Executive, resumed---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---Agreed to---Motion to amend by striking out the provision for impeaching the Executive---Disagreed to---Motion to provide that the Executive shall not be members of the National Legislature, nor National officers, nor eligible to the supreme magistracy---Agreed to

Saturday, July 21st

398

(11)

Ninth resolution, relative to National Executive, resumed---Motion to provide for the payment of the Electors of the Executive out of the National Treasury---Agreed to

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---Disagreed to

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---Disagreed to

Monday, July 23D

409

(10)

Seventeenth resolution, providing for future amendments---Agreed to

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

Nineteenth resolution, requiring the ratification of the Constitution by State Conventions---Motion to amend by providing for its reference to the State Legislatures---Disagreed to---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---Agreed to

Tuesday, July 24th

419

(8)

Ninth resolution, relative to the National Executive, resumed---Motion to amend so as to provide that he be appointed by the National Legislature, and not by Electors chosen by the State Legislatures---Agreed to---Motion to amend so as to provide that the Executive be chosen by Electors taken by lot from the National Legislature---Postponed

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

427

(7)

Ninth resolution, relative to the National Executive, resumed---Motion to appoint the Executive by Electors appointed by State Legislatures, where the actual Executive is re-eligible---Disagreed to---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---Disagreed to---Motion to authorize copies to be taken of the resolutions as adopted---Disagreed to

Thursday, July 26th

434

(15)

The ninth resolution, relative to the National Executive, resumed---Motion that the Executive be for seven years, and not re-eligible---Agreed to

The third and fourth resolutions, relative to the qualifications of the members of the Legislature, resumed---Motion to require property and citizenship---Agreed to---Motion to exclude persons indebted to the United States---Disagreed to

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

449

(13)

Report of Committee of Detail

Draught of a Constitution, as reported by the Committee

Tuesday, August 7th

462

(10)

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---Disagreed to---Motion to strike out the clauses giving a mutual negative---Agreed to---Motion to add that a different day of meeting may be appointed by law---Agreed to---Motion to give the Executive an absolute negative on the Legislature---Disagreed to

Article fourth, relative to the House of Representatives---Motion to confine the rights of Electors to freeholders---Disagreed to

Wednesday, August 8th

472

(10)

Article fourth, relative to the House of Representatives, resumed---Motion to require seven years citizenship in members---Agreed to---Motion to require the members to be inhabitants of the States they represent---Agreed to---Motion to require the inhabitancy for a specified period---Disagreed to---Motion to require that after a census the number of members shall be proportioned to direct taxation---Agreed to---Motion to fix the ratio of representation by the number of free inhabitants---Disagreed to---Motion to give every State one representative at least---Agreed to---Motion to strike out the exclusive power over money bills---Agreed to

Thursday, August 9th

482

(11)

Article fourth, relative to the House of Representatives, resumed---Agreed to as amended

Article fifth, relative to the Senate---Motion to strike out the right of State Executives to supply vacancies---Disagreed to---Motion to supply vacancies by the State Legislatures, or by the Executive till its next meeting---Agreed to---Motion to postpone the clauses giving each member one vote---Disagreed to---Motion to require fourteen years citizenship in Senators---Disagreed to---Motion to require nine years citizenship in Senators---Agreed to---Motion to require Senators to be inhabitants of the States they represent---Agreed to

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---Disagreed to

Friday, August 10th

493

(9)

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---Disagreed to---Motion to strike out the right of the Legislature to establish a qualification of its members---Agreed to---Motion to reduce a quorum of each House below a majority---Disagreed to---Motion to authorize the compulsory attendance of members---Agreed to---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---Disagreed to---Motion to allow Senators to enter their dissent on the journals---Disagreed to---Motion to strike out the clause which confines the keeping and publication of the journal of the Senate to its Legislative business---Agreed to

Saturday, August 11th

502

(4)

Article sixth, relative to the elections, qualifications, and proceedings of the Legislature, resumed---Motion to except from publication of such parts of the Senate journal, not Legislative, as it may judge to require secrecy---Disagreed to---Motion to except from publication such parts of the Senate journal as relate to treaties and military operations---Disagreed to---Motion to omit the publication of such parts of the journals as either House may judge to require secrecy---Agreed to

Monday, August 13th

506

(14)

Article fourth, relative to the House of Representatives, resumed---Motion to require only citizenship and inhabitancy in members---Disagreed to---Motion to require nine years citizenship---Disagreed to---Motion to require four and five years' citizenship instead of seven---Disagreed to---Motion to provide that the seven years' citizenship should not affect the rights of persons now citizens---Disagreed to

Article fifth, relative to the Senate, resumed---Motion to require seven years' citizenship in Senators instead of nine---Disagreed to

Article fourth, relative to the House of Representatives, resumed---Motion to restore the clause relative to money bills---Disagreed to

Tuesday, August 14th

520

(11)

Article sixth, relative to the elections, qualifications, and proceedings of the Legislature, resumed---Motion to permit members to be appointed to office during their term, but to vacate their seats---Disagreed to---Motion to permit members to be appointed during their term to offices in the Army or Navy, but to vacate their seats---Postponed---Motion to pay the members out of the National Treasury, a sum to be fixed by law---Agreed to

Wednesday, August 15th

531

(6)

Article sixth, relative to the elections, qualifications, and proceedings of the Legislature, resumed---Motion to unite the judges of the supreme court with the President, in his revisory power over acts of the Legislature---Disagreed to---Motion to require three-fourths instead of two-thirds to pass bills negatived by the Executive---Agreed to---Motion to extend the negative of the Executive to resolves as well as bills---Disagreed to---Motion to allow the Executive ten days to revise bills---Agreed to---Article sixth, as amended, agreed to

Thursday, August 16th

537

(7)

Article sixth, relative to the elections, qualifications, and proceedings of the Legislature, resumed---Motion to subject joint resolutions, (except on adjournment,) to the negative of the Executive---Agreed to

Article seventh, relative to the powers of the Legislature---Motion to exclude exports from duty---Postponed---Motion to authorize the establishment of post roads---Agreed to---Motion to forbid the emission of bills of credit---Agreed to

Friday, August 17th

544

(5)

Article seventh, relative to the powers of the Legislature, resumed---Motion that it may appoint a Treasurer by joint ballot---Agreed to---Subdue rebellion in a State without the application of its Legislature when it cannot meet---Disagreed to---Declare war---Agreed to

Saturday, August 18th

549

(9)

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

Article seventh, relative to the powers of the Legislature, resumed---Motion that it may make rules for the Army and Navy---Agreed to---Motion that the army shall be limited in time of peace to a fixed number---Disagreed to---Motion that the subject of regulating the militia be referred to the Grand Committee---Agreed to

Monday, August 20th

558

(10)

Motion to add various powers to the Legislature---Referred to the Committee of Detail

Article seventh, relative to the powers of Congress, resumed---Motion that it may pass sumptuary laws---Disagreed to---Motions to amend the language defining and providing for the punishment of treason---Agreed to---Motion to require the first census in three years---Agreed to

Tuesday, August 21st

568

(10)

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

Article seventh, relative to the powers of Congress, resumed---Motion that State quotas for the expenses of the war be adjusted by the same rate as representation and direct taxation---Postponed---Motion that until a census, direct taxation should be in proportion to representation---Disagreed to---Motion to raise direct taxes by requisitions on the States---Disagreed to---Motion to permit taxes on exports by a vote of two-thirds---Disagreed to

Wednesday, August 22D

578

(10)

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

Article seventh, relative to the powers of Congress, resumed---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---Agreed to---Motion to prohibit attainders or ex post facto laws---Agreed to---Motion to require the Legislature to discharge the debts, and fulfil the engagements of the United States---Agreed to

Thursday, August 23D

588

(10)

Article seventh, relative to the powers of the Legislature, resumed---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---Agreed to---Motion to prohibit foreign presents, offices, or titles, to any officer without consent of the Legislature---Agreed to

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

Article seventh, relative to the powers of the Legislature, resumed---Motion to refer to a Committee, to consider the propriety of a power to them to negative State laws---Disagreed to

Article ninth, relative to the powers of the Senate---Motion to require treaties to be ratified by law---Disagreed to

Friday, August 24th

598

(7)

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---Agreed to

Article tenth, relative to the Executive---Motion that the Executive be elected by the people---Disagreed to---By Electors chosen by the people of the States---Disagreed to---By joint ballot of the Legislature, and a majority of the members present---Agreed to---Motion that each State have one vote in electing the Executive---Disagreed to---Motion to require the President to give information to the Legislature---Agreed to---Motion to restrain appointing power by law---Disagreed to---Motion to except from the appointing power, officers otherwise provided for by the Constitution---Agreed to---Motion to authorize by law, appointments by State Legislatures and Executives---Disagreed to

Saturday, August 25th

605

(8)

Article seventh, relative to the powers of the Legislature, resumed---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---Agreed to---Motion to postpone the prohibition for importing slaves to 1808---Agreed to---Motion to confine the clause to such States as permit the importation of slaves---Disagreed to---Motion that the tax on such importation shall not exceed ten dollars for each person---Agreed to---Motion that a capitation tax shall be in proportion to the census---Agreed to

Article tenth, relative to the Executive, resumed---Motion to limit reprieves to the meeting of the Senate, and requiring their consent to pardons---Disagreed to---Motion to except cases of impeachment from the pardoning power---Agreed to---Motion that his pardon shall not be pleadable in bar---Disagreed to

Monday, August 27th

613

(5)

Article tenth, relative to the Executive, resumed---Motion to limit his command of the militia to their being in the service of the United States---Agreed to---Motion to require an oath from the Executive---Agreed to

Article eleventh, relative to the Judiciary---Motion to confer equity powers on the courts---Agreed to---Motion that the judges may be removed by the Executive, on application of the Legislature---Disagreed to---Motion that the salaries of judges should not be increased while they are in office---Disagreed to---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---Agreed to---Motion to extend the appellate jurisdiction to law and fact---Agreed to

Tuesday, August 28th

618

(6)

Article eleventh, relative to the Judiciary---Motion to confine the appellate jurisdiction in certain cases to the Supreme Court---Agreed to---Motion that crimes not committed within any State be tried where the Legislature directs---Agreed to---Motion that the writ of Habeas Corpus shall not be suspended, unless required by invasion or rebellion---Agreed to

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---Agreed to---Motion to forbid them to lay embargoes---Disagreed to

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---Agreed to

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

Article fifteenth, relative to the delivery of persons fleeing to other States---Motion to extend it to all cases of crime---Agreed to---Motion to extend it to fugitive slaves---Withdrawn

Wednesday, August 29th

624

(10)

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---Agreed to

Article seventh, relative to the powers of the Legislature, resumed---Motion to require two-thirds of each House on acts regulating foreign commerce---Disagreed to---Motion to strike out the provision requiring two-thirds of each House on navigation acts---Agreed to

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---Agreed to

Thursday, August 30th

634

(8)

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---Disagreed to---Motion not to require any other assent than that of Congress, to admit States over which those now existing exercise no jurisdiction---Agreed to---Motion to allow the Legislature to form new States within the territory claimed by the existing States---Disagreed to---Motion to require assent of the State Legislatures to a junction of States---Agreed to---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---Agreed to---Motion to refer such claims to the Supreme Court---Disagreed to

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---Disagreed to---Motion to authorize it on the application of the State Executive---Agreed to---Motion to limit the Executive application to a recess of the Legislature---Disagreed to

Article nineteenth, relative to amendments of the Constitution---Agreed to

Article twentieth, relative to the oath to support the Constitution---Motion to forbid any religious test---Agreed to

Article twenty-first, relative to the ratification of the Constitution---Motion to require it to be by all the States

Friday, August 31st

642

(7)

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---Agreed to---Motion not to require the ratification to be made by conventions---Disagreed to---Motion to require unanimous ratification of the States---Disagreed to---That of nine States---Agreed to

Article twenty-second, relative to the mode of ratification---Motion not to require the approbation of the present Congress---Agreed to---Motion that the State Legislatures ought to call Conventions speedily---Disagreed to

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---Agreed to

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

Saturday, September 1st

649

(1)

Report of Committee on Article six, section nine---Report of Committee on Article sixteen

Monday, September 3D

649

(5)

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---Agreed to

Article seventh, relative to the powers of the Legislature, resumed---Motion that they may establish a bankrupt law---Disagreed to

Article sixth, relative to the elections, qualifications, and proceedings of the Legislature, resumed---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---Disagreed to---Motion to limit such incapacity to offices created, or whose emoluments were increased during their term---Agreed to---Motion to render office and membership incompatible---Agreed to

Tuesday, September 4th

654

(6)

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---Agreed to---Regulate trade with the Indians---Agreed to

Article tenth, relative to the Executive, resumed---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---Postponed

Wednesday, September 5th

660

(8)

Article seventh, relative to the powers of the Legislature, resumed---Motion that they may grant letters of marque---Agreed to---Not make army appropriations for more than two years---Agreed to---Have exclusive jurisdiction in the district ceded for the seat of government, and for other purposes with the consent of the State Legislatures---Agreed to---Grant patents and copyrights---Agreed to

Article tenth, relative to the Executive, resumed---Motion that in case of failure of the Electors to elect, the choice shall be by the Legislature---Disagreed to---Motion not to require a majority of the Electors but one third to choose a President---Disagreed to---Motion that a choice of the Senate be limited to the three highest---Disagreed to---To the thirteen highest---Disagreed to

Thursday, September 6th

668

(8)

Article tenth, relative to the Executive, resumed---Motion to exclude members of the Legislature, and public officers from being Electors---Agreed to---Motion to extend the Executive term to seven and six years---Disagreed to---Motion to elect the Executive by Electors---Agreed to---Motion that the election be at the seat of Government---Disagreed to---On the same day throughout the Union---Agreed to---Motion to refer it to the Senate, two thirds being present, if not made by the Electors---Agreed to---Motion to refer it to the House of Representatives, two thirds of the States being present, and each State to have one vote---Agreed to

Friday, September 7th

676

(9)

Article tenth, relative to the Executive, resumed---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---Agreed to---Motion that the President be a natural born citizen, and thirty-five years of age---Agreed to---Motion that the Vice President be President of the Senate---Agreed to---Motion to unite House of Representatives in the treaty power---Disagreed to---Motion to give the Executive and Senate the appointing power---Agreed to---Motion to allow treaties of peace to be made by the Executive and a majority of the Senate---Agreed to---Motion to allow two thirds of the Senate to make treaties of peace without the Executive---Disagreed to---Motion to appoint an Executive Council---Disagreed to

Saturday, September 8th

685

(7)

Article tenth, relative to the Executive, resumed---Motion to require treaties of peace to be consented to by two thirds of the Senate---Agreed to---Motion to require that in such cases two thirds of all the members be required---Disagreed to---Motion to extend impeachment to high crimes and misdemeanors---Agreed to---Motion to withdraw trial of impeachment from the Senate---Disagreed to

Article fourth, relative to the House of Representatives, resumed---Motion that it must originate, but Senate may amend, money bills---Agreed to

Article tenth, relative to the Executive, resumed---Motion that he may convene both or either House---Agreed to

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

Monday, September 10th

692

(7)

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---Agreed to

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---Disagreed to

Article twenty-second, relative to the mode of ratifying the Constitution---Motion to require the assent of the present Congress---Disagreed to---Motion to submit the Constitution after it is acted on by the State Conventions, to a second Federal Convention---Postponed---Motion that an address to the States accompany the Constitution, when transmitted for ratification---Agreed to

Wednesday, September 12th

699

(20)

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---Agreed to

Motion to add a bill of rights---Disagreed to

Thursday, September 13th

719

(3)

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

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---Agreed to

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

Friday, September 14th

722

(8)

Article first, relative to the Legislative powers, resumed---Motion to change the present proportion of members in the House of Representatives---Disagreed to---Motion that officers impeached be suspended till trial---Disagreed to---Motion to require the House of Representatives to publish all its proceedings---Disagreed to---Motion that Treasurer be appointed as other officers---Agreed to---Motion to provide for cutting canals and granting charters of incorporation, where the States may be incompetent---Disagreed to---To establish a university---Disagreed to---To provide for the preservation of the liberty of the press---Disagreed to---To publish the expenditures---Agreed to

Saturday, September 15th

730

(11)

Article first, relative to the Legislative powers, resumed---Motion to change the present proportion of members in the House of Representatives---Disagreed to---Motion that the inspection laws of the State may be revised by Congress---Agreed to---Motion that no State shall lay a duty on tonnage, without assent of Congress---Agreed to

Article second, relative to the Executive---Motion that President shall receive no emolument from the States during his term---Agreed to---Motion to deprive the President of the power to pardon treason---Disagreed to---Motion that appointments to inferior offices may be vested by law---Agreed to

Article third, relative to the Judiciary---Motion to provide for trial by jury in civil cases---Disagreed to

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---Agreed to

Article first, relative to the Legislative power, resumed---Motion to guarantee to the States an equal representation in the Senate---Agreed to---Motion to forbid the passage of a navigation act before 1808, without two thirds of each House---Disagreed to

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

The Constitution, as amended---Agreed to

Monday, September 17th

741

(1)

Article first, relative to the Legislative power, resumed---Motion to provide that thirty thousand instead of forty thousand, be the lowest ratio of representation---Agreed to

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

Motion that the Journals and papers be deposited with the President---Agreed to

The Constitution signed as finally amended, and the Convention adjourned

741

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Journal of the Federal Convention Kept by James Madison

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