The Constitutional Convention as a Four Act Drama

Only four delegates from Virginia and four delegates from Pennsylvania present.

Madison's Notes of the Debates

Chose committee (Wythe, Hamilton, and C. Pinckney) to prepare rules.

Madison's Notes of the Debates

Madison's Notes of the Debates

Edmund Randolph submitted and defended a set of Fifteen Resolutions, known as The Virginia Plan.

The Convention agreed to meet tomorrow as a Committee of The Whole.

Madison's Notes of the Debates

Madison and Dickinson differ on the purpose of the Senate.


Madison's Notes of the Debates

Madison's Notes of the Debates

Resolution 7:	Defeated (10 - 1) a motion by Gerry that State Executives elect the National Executive.
Resolution 4a:	Debated voting procedures within the National Legislature.

Madison's Notes of the Debates

Resolution 4a:	Return to National Representation Introduction of 3/5 Clause. Decided (9 - 2) that representation in Lower House of the National Legislature should be based on free population plus 3/5 of all other persons. Sherman and Ellsworth (both from Connecticut) propose one State one vote in Senate. Disagreed (6 - 5) that each state should be equally represented in Senate.
Resolution 5a:	Agreed (6 - 5) that representation in the Second House should also be proportional plus 3/5 of all other persons.
Resolution 13:	Discussed.
Resolution 14:	Agreed (6 - 5) to require oaths to observe the National Constitution and National laws by State officers.

Madison and Dickinson differ on purpose of Senate.

Madison's Notes of the Debates

Resolution 9:	Agreed that the jurisdiction of the National Judiciary should extend to cases that respect the collection of the national revenue, impeachment of any national officers and questions involving the national peace and harmony.
Resolution 9:	Agreed that the Supreme Court should be appointed by the Senate.
Resolution 6:	Rejected (8 - 3) a motion requiring money bills to originate in the first branch of the Legislature.
Agreed to vote on Amended Virginia Plan with 19 Resolutions.

Madison's Notes of the Debates

Madison's Notes of the Debates

Madison's Notes of the Debates

Madison's Notes of the Debates

Sketch of a very strong central government.

Madison's Notes of the Debates

Heard Madison's 8 Arguments against the New Jersey Plan.

Defeated the New Jersey Plan (7 - 3 - 1).

Madison's Notes of the Debates

Revised Resolution 4:	Resumed discussion of Senate terms. 9-year terms with triennial rotation defeated (8 - 3). 6-year terms with biennial rotation approved (7 - 4).
Revised Resolution 4	Agreed (10 - 1) that members should "receive a compensation for the devotion of their time to the Public Service."
Revised Resolution 4:	Disagreed (6 - 5) the State Treasuries should pay Senators.
Revised Resolution 4:	Discussed and agreed unanimously on eligibility for other Federal and State offices.

Madison outlines two theories of the Senate. See Federalist 63.
Madison's Notes of the Debates

Delegates attend Race Street Church (also known as First Reformed Church) on Fourth and Race Streets to hear annual oration on the anniversary of the Declaration of Independence given by Mr. Mitchell, a student of law.

1. 1. Representation in First House by population (1:40,000).
2. 2. Representation in Second House to give each state an equal vote.
3. 3. Money Bills to originate in First House and not subject to amendment.
       in Second House

Madison's Notes of the Debates

Agreed (7 - 3 - 1) to commit the question of representation of 1:40,000 in the First House to the Morris Committee made up of <G. Morris, Gorham, Randolph, Rutledge and King.

Agreed (5 - 3 - 3) to retain money bills provision.

Madison's Notes of the Debates

Took up question of equal vote for each state in Second House
and agreed (6 - 3 - 2) to retain this provision.

Gerry: "the new Government would be partly national, partly federal."

Madison's Notes of the Debates

Morris Committee suggested approval of the population formula (1:40,000).

Second paragraph of Gerry Committee Report was approved (9 - 2).

The first paragraph was refereed to an eleven-man committee (9 - 2).

Madison's Notes of the Debates

Madison's Notes of the Debates

Defeated (7 - 3) motion to strike out 3/5 for "all." G. Morris "could never agree to give such encouragement to the slave trade."

Defeated (6 - 4) a motion "to include 3/5 of the blacks."

Madison's Notes of the Debates

Defeated (7 - 3) a motion for succeeding censuses every 20 years.

Agreed (8 - 2) on census every 10 years.

Defeated (8 - 2) motion "for rating blacks as equal to whites of as 3/5."

Approved (6 - 2 - 2) a motion to proportion direct taxes, including 3/5, to representation.

Madison's Notes of the Debates

Agreed (9 - 0 - 1) that the Legislature can regulate the number of representatives in accordance with the number of inhabitants.

G. Morris and Butler have a pointed exchange over slavery.

Confederation Congress passes Northwest Ordinance

Madison's Notes of the Debates

Discussed equal vote for each State in Second House with money bills originating in First House.

Madison argues against the "partly federal, partly national" accomodation.

Pinckney moved "that instead of equality of votes" there should be proportional representation in the Senate. Defeated (4 - 6).

Madison's Notes of the Debates

Mercer from Maryland took his seat.
Madison's Notes of the Debates

Agreed (10 - 0) to Preamble and Articles I and II.

Took up Article III (two-house legislature).

Agreed (7 - 3) to delete reference to mutual veto between Houses of Congress.

Discussed Congress meeting 1st Monday of December annually, and agreed to add, "unless a different day shall be appointed by law" (8 - 2).

Motion for May meeting instead of December defeated (8 - 2).

Agreed to Article III as amended.

Ellsworth and Mason object to the attempt by G. Morris and Dickinson to impose electoral restrictions. Defeated more restrictive freehold qualifications on the electors (7 - 1 - 1).

Madison's Notes of the Debates

Proceeded to Article IV, Section 2 (qualifications of House members).

Agreed (10 - 1) to seven instead of three years citizenship.

Agreed to substitute "inhabitant" instead of "resident"; defeated motions to require 3 years (9 - 2) and 1 year (6 - 4 - 1) of residence, and approved the section (11 - 0).

Took up Article IV, Section 4 (future apportionment of House).

Agreed (9 - 2) to insert "not exceeding" before 40,000.

Considered last clause of Section 4: "The Legislature shall… regulate the number of representatives by the number of inhabitants… at the rate of one for every forty thousand."

Defeated (10 - 1) a motion by G. Morris to insert "free" before inhabitants. G. Morris: "Slavery… was a nefarious institution."

Agreed to add a provision introduced by Dickinson for at least one representative for each state in the House.

Approved motion to strike (7 - 4), thus challenging the Connecticut Compromise. Pinckney, G. Morris and Madison carry the day on this motion.
Mason: "to strike out the section, was to unhinge the compromise of which it made a part."

Madison's Notes of the Debates

Considered Article V, Section 1 (selection of Senators and provision for vacancies).

Defeated motion to strike executive appointment to supply vacancies (8 - 1 - 1).

Agreed to give each Senator one vote and each State two members.

Article V, Section 3 (qualifications): 30 years old, citizen for 4 years, resident.

Defeated motion to require 14 years of citizenship (7 - 4), and 13 years of citizenship (7 - 4).

Defeated 10 years, (7 - 4), agreed to 9 years (6 - 4 - 1).

Substituted "inhabitant" for "resident".

Took up Article VI, Section 1 (times and places of election) amended and approved.

Again, Randolph objects to defeat of Article IV, Section 5 (Money Bills).

Madison's Notes of the Debates

Motion by Pinckney to spell out property qualifications in the Constitution rejected on voice vote. Pinckney suggested $100,000 for President and $25,000 for representatives.

Reconsidered (6 - 5) House residence requirement in Article IV, Section 2, and substituted three years for seven at request of Wilson.

Added power to compel attendance of absent members (10 - 0 - 1).

Article VI, Section 5 (freedom of debate), passed nem con.

Took up Article VI, Section 6 (rules, punishment for disorderly behavior, expulsion of members).

Agreed (10 - 0 - 1) to require 2/3 vote for expulsion.

Madison's Notes of the Debates

Agreed (6 - 4 - 1) to non-publication in the journal of "such parts as may in their judgment require secrecy."

Amended (10 - 1) to preclude adjournment to another place during a session.

Agreed (8 - 2 - 1) to reconsider the money bills provision of the Connecticut Compromise on Monday.

Madison's Notes of the Debates

Defeated (7 - 4) Hamilton's motion to eliminate 7-year citizenship requirement.

Defeated 9 years (8 - 3), defeated 4 years (8 - 3), defeated 5 years (7 - 3 - 1), and agreed to the section as reported.

Reconsidered Article IV, Section 5 (money bills).

After extensive debate, defeated (7 - 4) Randolph's motion to reinstate exclusive power to originate in House. Washington supported Randolph on prudential grounds.

Defeated (4 - 7) proposition that money bills originate in House and amended in Senate

Madison's Notes of the Debates

After extensive debate, postponed until powers of Senate were determined.

Agreed (9 - 2) that pay should be out of the National Treasury.

Agreed that pay be ascertained by law.

Madison's Notes of the Debates

Took up Article VI, Section 12 (either House may originate bills)

Postponed (6 - 5) pending determination of powers to be given Senate.

Defeated (8 - 3) a motion that all bills should be submitted to the Executive and Judiciary before they become law.

Madison's provision for the Committee of Revision was defeated for the fourth and final time.

Agreed (6 - 4 - 1) to 3/4 vote to override Presidential Veto.

Agreed (9 - 2) to 10 days instead of 7 for the President to return bills.

Madison's Notes of the Debates

Agreed, nem con, to power to lay and collect taxes, regulate international and interstate commerce, coin money, regulate foreign coin, and fix standards of weights and measures.

Approved (6 - 5) adding "and post roads" to power to "establish Post offices"

Agreed (9 - 2) to strike out the words "and emit bills" in the 8th clause of Article VII, Section 1.

Madison's Notes of the Debates

Agreed (7 - 3) to elect Treasurer by joint ballot (New Jersey not voting).

Agreed to "establish inferior courts, and make rules on captures."

Agreed (7 - 3) to "define and punish piracies and felonies committed on the high seas."

Agreed similarly to "counterfeiting the securities and current coin of the United States, and offenses against the law of nations."

Changed (8 - 1) the clause Congress shall "make" war to Congress shall "declare war."

"Separate questions having been taken on the 9, 10, 11, 12, and 14 clauses of the 1st Section, 7 article as amended. They passed in the affirmative."

Madison's Notes of the Debates

Agreed (6 - 4 - 1) to a Committee of 1 per state, chaired by William Livingston, to consider assumption of state debts.

Agreed (9 - 2) to meet daily, except Sunday, from 10:00 till 4:00, with no earlier adjournment allowed.

Continued discussion of Article VII, Section 1 (enumeration of Congressional powers).

Agreed to add "and support" to power to raise armies and agreed to strike "build and equip" in favor of "provide and maintain" navy.

Agreed to add power to make rules for government and regulation of land and naval forces.

Considered different motions giving authority over militia and referred them (8 - 2 - 1) to a committee.

Madison's Notes of the Debates

Included in this list are liberty of the press, restrictions on the removal of the Writ of Habeus Coprus, subordination of the military to the civil power, and that "no religious test or qualification shall ever be annexed to any oath of office under the authority of the U. S."

Council of State, Domestic Affairs, Commerce and Finance, Foreign Affairs, War, and Marine.

These are referred to the Committee of Detail.

Necessary and Proper Clause passed.

Took up Article VII, Section 2 (defining treason).

After debate and numerous amendments, Section 2 was approved.

Agreed (9 - 2) to have first census within 3 years.

Madison's Notes of the Debates

Included assuming debts incurred "for the common defense and general welfare."

Continued discussion of Article VI, Section 12 (origination of bills).

Defeated (8 - 2 - 1) motion to apportion direct taxes to the number of representatives pending the first census.

Defeated (7 - 3) move to allow export taxes for revenue only.

Defeated (6 - 5) motion to permit export taxes with 2/3 majority vote.

Approved Section (7 - 4).

L. Martin, supported by Mason, suggests that the slave trade be prohibited or at least taxed. He argued that the importation of slaves "was inconsistent with the principles of the revolution."

Rutledge rejoined, "Interest alone is the sovereign principle with Nations."

Ellsworth: "The morality or wisdom of slavery are considerations belonging to the States themselves."

Madison's Notes of the Debates

After considerable discussion and minor alterations agreed to section.

Took up Article VIII

Approved adding a prohibition against Federal officers accepting foreign titles or gifts without consent of Congress.

Also accepted a restatement of Supremacy Clause.

Took up Article VII, Section 1 (calling up militia to execute laws), amended and approved it.

Madison again, supported by Wilson and C. Pinckney, proposed a motion to restore Congressional veto power over State laws, defeated (6 - 5).

Agreed to revised Article VII, Section 1 (debts).

"The Legislature shall fulfill the engagements and discharge the debts of the United States, and shall have the power to law and collect taxes, duties, imposts, and excises."

Madison's Notes of the Debates

Committee recommended prohibiting interference with slave trade until 1800, keeping Section 5, striking section 6 and permitting a tax to be imposed on migration.

Agreed to reconsider debt provisions and interstate commerce clause (Article VII, Section 1).

Voted (8 - 2) to strike out both sections.

Agreed on one Executive but defeated four different methods of electing the President including the people (9 - 2) and by electors (6 -5).

Ordered adjournment at 3 o'clock for the future.

Madison's Notes of the Debates

Defeated (10 - 1) motion to include common defense and general welfare clause in Article VII, Section 1.

Took up Article VII, Section 4 (slave trade)

Agreed (7 - 4) to change from 1800 to 1808 the prohibition on Congress (New Jersey, Pennsylvania, Delaware, and Virginia voting against).

Approved import tax not to exceed $10.00 per person.

Madison stated, "twenty years will produce all the mischief that can be apprehended from the liberty to import slaves." He also "thought it wrong to admit into the Constitution the idea that there could be property in men."

Approved (7 - 4) "The migration or importation of such persons as the several States now existing shall think proper to admit shall not be prohibited by the Legislature prior to the year 1808."

Postponed Article VII, Section 6.

Defeated (6 - 3 - 1) motion allowing appointment to Federal offices by State Executives in Article X, Section 2.

Continued on Executive powers in Article X.

Madison's Notes of the Debates

Agreed (6 - 2) that President would be cammander-in-chief… of the militia when called into the actual service of the United States." (Massachusetts, New Jersey and North Carolina absent)

Began discussion of Article XI (judicial powers).

Took up Article XI, Section 1: "The Judicial Power of the United States…"

Agreed to Johnson's motion to add "both in law and equity" after the words "United States." Three absent.

Approved Section 1 (6 - 2)

Took up Article XI, Section 2.

Defeated (7 - 1) removal of justices by Executive on request of Legislature.

Approved Section 2 (6 - 2).

Took up Article XI, Section 3.

Postponed clause considering the impeachment of Judges.

Discussed distinction between original and appellate jurisdiction.

Agreed to add, "to which the United States is a Party" to "controversies."

Approved (8 - 2) several other perfecting amendments.

Johnson moved to insert the words "this Constitution and the" before the word "laws" in "The jurisdiction of the Supreme Court shall extend to all cases arising under the laws passed by the Legislature of the United States." This passed nem con on the understanding that the jurisdiction was "limited to cases of a judiciary nature."

Madison's Notes of the Debates

Continued discussion of Article XI.

Took up Article XI, Section 3 (appellate jurisdiction).

Approved Section 3 (9 - 1).

Took up Article XI, Section 4 (local trial by jury and Writ of Habeas Corpus).

Amended to provide for crimes committed outside any state.

Agreed (7 - 3) to add that the privilege of the writ of Habeas Corpus shall not be suspended, "unless where in cases of Rebellion or invasion the public safety may require it."

Agreed to Section 4.

Agreed to Article XI, Section 5 (limit punishment under impeachment).

Agreed (8 - 1 - 1) to add prohibition on emitting bills of credit, or making anything but gold or silver legal tender (Maryland voting against).

Agreed (7 - 3) that no State could pass bills of attainder or ex post facto laws.

Defeated (8 - 3) prohibiting laying of embargoes.

Agreed to Article XII as amended.

Agreed (6 - 5) to prohibit States from taxing exports as well as imports without consent of Congress.

Agreed (9 - 2) that net receipts of State taxation of imports and exports go into Federal Treasury.

Agreed to Article XIII.

Approved it (9 - 1 - 1).

Butler and C. Pinckney suggest that the extradition clause be extended to included run away slaves. They argue that "fugitive slaves (should) be delivered up like criminals."

Agreed to Article XV, nem con.

Madison's Notes of the Debates

Heard motion to establish uniform bankruptcy laws

Committed both Article XVI and motion to Committee on State Commitments with 5 members, chaired by Rutledge.

Committee report approved (7 - 4).

Took up Article XVII (admission of new states) and passed (6 - 5).

Madison's Notes of the Debates

Agreed (8 - 3) to permit the admission of new States on equal terms, prohibit dividing or combining states without consent of State Legislatures, and grant Congress authority to govern public lands, territory or other property of the United States.

Dropped "foreign" and retained "domestic violence" over "insurrection." (6 - 5)

Amended and agreed (9 - 2).

Took up Article XX (oath for officers of the government).

Added "or Affirmation."

Added, "no religious test shall ever be required," which passed nem con.

Agreed (8 - 1 - 2) to Article XX.

Discussed Article XXI (mode of ratification of the Constitution): "The ratification of the Conventions of ____ States shall be sufficient for organizing this Constitution."

Madison's Notes of the Debates

Shall the blank be filled with the number 7, 8, 9, 10, 11 or 13?

Agreed (9 - 1), to add "between the said states," to limit effect of ratification to states actually ratifying.

Rejected (6 - 4) attempt to overturn provision requiring ratification by specially elected conventions rather than ratification by State Legislatures.

Debated number of states required to secure ratification of the Constitution.

Defeated (9 - 1) motion requiring all 13 states to ratify.

Defeated (7 - 4) motion requiring 10 states to ratify.

Agreed (8 - 3) to motion requiring 9 states to ratify.

Agreed (10 - 1) to Article XXI as amended.

Agreed (8 - 3) to strike provision requiring Confederation Congressional approval of the Constitution.

Defeated (7 - 4) proposal, in effect, permitting Confederation Congress to rewrite the Constitution.

Defeated (8 - 3) motion to postpone discussion on Article XXII.

Agreed (10 - 1) to Article XXII as amended.

Agreed with amendments.

Agreed to provision not to give preference to one state over another.

Agreed (8 - 2) to proposal to prohibit requiring ships bound for one state to enter, clear, or pay duties in another

Agreed on uniformity clause.

Referred all leftover proposals to a Committee of one delegate from each state:

Gilman, King, Sherman, Brearly, G. Morris, Dickinson, Carroll, Madison, Williamson, Butler, Baldwin

This is known as the Brearly Committee.

Madison's Notes of the Debates

Recommended alteration in Article VI, Section 9: Ineligibility of Federal Legislators to other Federal office.

Recommended alteration in Article XVI, concerning bankruptcies.

Appearance of "Full Faith and Credit clause."

Approved motion to adjourn (7 - 1 - 1)

Madison's Notes of the Debates

Agreed to the clause (6 - 3) (New Hampshire not voting).

Agreed to Article XVI as amended (9 - 1).

Took up Article VI, Section 9 (ineligibility of Federal Legislators to other Federal office).

Defeated motion to adjourn (6 - 4).

Agreed (5 - 3 - 1) to Article VI, Section 9 (New Jersey not voting).

Madison's Notes of the Debates

Approved Brearly Committee Proposal #1 to amend Article VII, Section 1 giving Federal Legislature authority to lay and collect taxes, duties and imposts and provide for "the common defense and general welfare."

Agreed to Proposal #2 to amend Article VII, Section 1, interstate commerce clause, to include Congressional regulation of commerce "with the Indian tribes."

Postponed Proposal #3 to amend Article IX, Section 1. The Proposal read:

"The Senate of the United States shall have the power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present."

Took up Proposal #4 to amend Article X, Section 1 (Election of Executive).

A.) And with the Vice President, "He shall hold his office during the term of 4 years."

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

C.) "The person having the greatest number of (Electoral College) votes shall be the President."

D.) "If no person have a majority, then from the 5 highest on the list the Senate shall choose by ballot the President."

E.) "And in every case after the choice of the President, the person having the greatest number of votes shall be vice-president: but if there should remain two or more who have equal votes, the Senate shall choose from them the vice-president."

F.) "The Legislature may determine the time of choosing and assembling the Electors, and the manner of certifying and transmitting their votes."

Received Proposal #5: Qualifications for President including a "natural born Citizen" clause.

Received Proposal #6: The Vice-President clause.

Received Proposal #7: Advice and Consent of the Senate clause.

Received Proposal #8: Opinion in Writing clause.

Received Proposal #9: Removal from Office clause.

Madison's Notes of the Debates

#10: Added "and grant letters of marquee and reprisal" to the war powers clause, nem con.

#11: Limited military appropriations to two years, nem con.

#13: Granted exclusive jurisdiction over Federal land to Congress, nem con.

#14: Provided limited patents to promote science and arts, nem con.

A reconsideration of the Connecticut Compromise, namely, to now permit the Senate to amend money bills that originate in the House.

Returned to consideration of the 6 proposals left over from the September 4th submission of 9 proposals by the Brearly Committee (#4, 5, 6, 7, 8, 9).

Extensive discussion of Proposal #4 to amend Article X, Section 1 (election of Executive).

Defeated several motions concerning the election of the Executive.

Defeated (7 - 3 - 1) motion to overcome non-majoritarian outcomes in the Electoral College in the whole Congress instead of just the Senate.

Defeated (9 - 2) motion to limit choice in the Senate to the top 3 candidates instead of the top 5 candidates.

Wilson: "This subject…is in truth the most difficult of all of which we have had to decide." Randolph: "We have in some revolutions of this plan made a bold stroke for monarchy. We are now doing the same for an aristocracy." Mason agreed.

Madison's Notes of the Debates

Agreed (10 - 1) that the President and Vice-president be elected to a term of four years.

Agreed (10 - 1) after discussion and amending to authorize the Senate to choose the Executive from top 4 candidates.

Agreed (10 - 1) to a motion by Williamson to substitute the House, with voting by states, for the Senate, or the whole Legislature, in electing the Executive from the top 4 candidates in the event of a break down of the Electoral College. Mason liked this move because it reduced "the aristocratic influence of the Senate."

Agreed Senate shall choose the Vice-president in the event of a tie for the Vice-president.

Madison's Notes of the Debates

Agreed (8 - 3) on Electoral College with majority of electoral votes needed for the election of the Executive.

Decided (10 - 1) that the House, rather than the Senate, shall decide in such circumstances but each State shall have one vote.

Approved (6 - 4 - 1) motion to let Legislature determine who shall act in cases of disability of President and Vice President.

Agreed (nem con) that the President should be a natural born citizen, resident for 14 years and be 35 years of age.

Agreed (8 - 2) to Vice-president as President of the Senate (North Carolina not voting).

Defeated (10 - 1) motion to include House in treaty making.

Agreed to Presidential nomination and Senate concurrence of ambassadors, ministers, consuls, and other officers.

Approved treaty making with "the advice and consent" of 2/3 of Senate present.

Defeated (8 - 3) motion for Council of Advisors to President.

Madison's Notes of the Debates

Reconsidered treaty power and engaged in lengthy discussion of role of the Senate especially the 2/3 approval rule.

Defeated (6 - 5) Sherman's motion that "no Treaty be made without a mjority of the whole number of the Senate."

Took up Proposal #9: impeachment of the President.

Mason wanted to add "maladministration" to "treason and bribery."

Agreed (8 - 3) to replace "maladministration" with "other high crimes and misdemeanors against the State" and then "United States."

Defeated (9 - 2) motion to strike Senate as body to judge on impeachment.

Agreed (11 - 0) to addition of Vice-president and other Civil Officers as subject to impeachment.

Agreed (9 - 2) to Proposal #12: origination of money bills in the House, subject to Senate amendment (This vote removes that feature of the Connecticut Compromise deemed vital by Mason, Gerry and Randolph).

Defeated (6 - 5) motion supported by Madison and Hamilton to increase the size of House membership.

Madison's Notes of the Debates

Madison wondered: "How was a Convention to be forced? By what rule decide? What is the force of its acts?"

Agreed (9 - 1) to permit 2/3 House and 2/3 Senate to request an amendment and 3/4 of the states to approve.

Agreed (11 - 0) that an amendment proposal becomes part of the Constitution upon ratification of 3/4 of the State Legislatures or State Conventions.

Rutledge secured exclusion of any alteration in the slavery provisions from the amendment process until the year 1808.

Approved (11 - 0) Article XXI.

This Constitution becomes effective on the approbation of 9 state ratifying conventions and "binding and conclusive" on those states "assenting thereto."

"Mr. Randolph took his opportunity to state his objections to the system." Randolph and Gerry explain their reservations about signing the Constitution "if approbation by Congress" isn't required.

Rejected nem con a motion to require the approval of the Constitution by the Confederation Congress.

Madison's Notes of the Debates

Madison's Notes of the Debates

This document is preceded by a preamble, which begins, "We the People of the United States, in order to form a more perfect union…" rather than "We the people of the states of New Hampshire, etc…"

Agreed (6 - 4 - 1) to amend section to include 2/3 instead of 3/4 for Congress to override an Executive veto.

Madison's Notes of the Debates

Took up Article I and focused on Sections 2 & 7

Agreed (7 - 3) to allow state duties to defray costs of storage and inspection

Mason bemoaned the absence of "a power to make sumptuary regulations."

Named Mason, Franklin, Dickinson, Johnson, and Livingston to a committee to suggest measures for encouraging economy, frugality, and American manufactures (this committee never made a report).

Johnson from the Committee of Style reported a substitute for Articles XXII and XXIII of the Committee of Detail Report.

Madison's Notes of the Debates

Agreed to sections with minimal debate

Agreed (8 - 3) to strike election of Treasurer by Legislature.

Agreed (11 - 0) to add uniformity requirement to taxing power.

Madison, Randolph, Wilson, G. Morris, and Mason debate meaning of "necessary and proper clause."

Defeated (6 - 4 - 1) motion to give Congress power to establish a university.

Pinckney, Gerry, and Sherman debate whether Congress has the power to interfere with freedom of the press.

Defeated (6 - 5) motion to insert "the liberty of the press shall be inviolably preserved."

Defeated Mason's motion "that an account of the public expenditures should be annually published."

Adopted Madison's suggestion nem con to change "annual" publications to "from time to time."

Agreed to the Section with minimal debate.

Gerry's motion to extend to the Federal Government "the restraint put on the states from impairing the obligations of contracts" failed to obtain a second.

Madison's Notes of the Debates

Decided (6 - 4) an address from the Convention to the people was "unnecessary and improper." (South Carolina absent)

Defeated (6 - 5) an attempt to add another member for Rhode Island in the House.

King threatened to withhold his signature to the Constitution if this proposition passed.

Passed (10 - 1) an attempt to add another member for North Carolina in the House.

McHenry, Carroll, Langdon, Mason, G. Morris, Madison, and <Sherman debate the meaning of the Interstate Commerce clause.

Does the regulatory power of Congress restrain state commerce authority?

Agreed (6 - 4 - 1) that "no state shall lay any duty on tonnage with out the consent of Congress."

Agreed (7 - 4) that the President shall not receive "any other emolument from the United States or any of them" during his term of office.

Defeated (8 - 2 - 1) a motion to extend the power "to grant reprieves and pardons for offenses against the United States, except in cases of impeachment" to include "cases of treason."

Agreed (after debate, nem con) to G. Morris's "Inferior Officer's" clause (Allows Congress to by pass the "advice and consent of the Senate" and vest/delegate the appointment of "inferior officers" to the President alone, the Courts of Law alone or the Heads of Departments alone). [This motion was initially defeated (5 - 5 - 1).]

Defeated (nem con) an attempt to extend the "trial by jury" clause covering criminal cases to include civil cases.

Struck out "no person legally held to service or labor in one state escaping into another" and replaced it with "no person held to service or labor in one state, under the laws thereof, escaping into another." (emphasis added)

Addition of "under the laws thereof" removes the idea "that slavery was legal in a moral view."

Agreed to Article IV, Section 4 (Republican guarantee).

Took up Article V (Amending the Constitution).

Agreed (nem con) that Congress shall call a convention on the application for amendments by 2/3 of the State Legislatures.

Agreed (8 - 3) that a state cannot be deprived of its equal suffrage in the Senate without its own consent.

Approved (10 - 0) the document as amended (North Carolina did not meet quorum call).

Madison's Notes of the Debates

Changed the base of representation in the House of Representatives from 1:40,000 to 1:30,000 with the support of Washington.

Randolph's prediction: "Nine states will fail to ratify the plan and confusion must ensue."

Voted (10 - 1) to deposit the Journals (Secretary Jackson's notes) with the President, subject to the orders of Congress.

Heard <Franklin's "Rising Sun" speech.

Signed the Constitution and adjourned, Mason, Randolph and Gerry refused to sign; Read signed Dickinson'sname in his absence.

"The business being thus closed, the Members adjourned to the City Tavern, dined together and took a cordial leave of each other."

Madison's Notes of the Debates