The Constitutional Convention as a Four Act Drama
The Alternative Plans
|Resolution 1:||After discussion, agreed (6 – 1 – 1) that a national government consisting of a supreme legislature, judiciary, and executive should be formed. Connecticut voting against, New York divided.|
|Resolution 2:||Discussed whether representation should be based on population or amount of each State’s financial contribution.|
|Resolution 3:||Decided on a bicameral legislature.|
|Resolution 4a:||Agreed (6 – 2 – 2) on election of First House by the people.|
|Resolution 5a:||Defeated (7 – 3 – 0) Second House elected by the First House.
Madison‘s reaction: “a chasm (was) left in this part of the plan.”
Sherman‘s suggestion: “election of one member by each of the State Legislatures.”
|Resolution 6:||Agreed unanimously that either house could initiate legislation.Agreed unanimously to incompetence clause and negative on State Laws.|
|Resolution 7:||Agreed to institute a national executive with power to carry into effect the national laws and to appoint officers not otherwise provided for.Agreed (5 – 4 – 1) on a seven year term for executive.Postponed consideration of single or plural executive.|
|Resolution 7:||Confusing day on the executive.Agreed to selection of Executive by Legislature.Agreed on seven year term (8 – 2), and ineligible after one term (7 – 2 – 1)Dickinson‘s motion that Executive be subject to impeachment defeated (9 – 1).
Benjamin Franklin: executive should receive no salary. Motion postponed.
|Resolution 7:||Another confusing day on the Executive.Agreed (7 – 3) on single executive.|
|Resolution 8:||Council of Revision postponed.Agreed (8 – 2) to give executive a veto over legislation subject to override by 2/3 of each branch of Legislature.|
|Resolution 9:||Agreed to establish a National Judiciary consisting of a Supreme Court and one or more inferior tribunals, compare with July 21 and August 15.|
|Resolution 9:||Agreed to delete “one or more” and change to “a Supreme Court and inferior tribunals.”|
|Resolution 9:||Debated judicial selection and postponed decision, but agreed (8 – 2) to reject approval of judicial appointments by Legislature.|
|Resolution 9:||Agreed on judicial tenure during good behavior.Agreed on a salary provision.|
|Resolution 9:||Reconsidered inferior tribunals and agreed to eliminate reference to them, then agreed to empower the Legislature to establish such courts.|
|Resolution 10:||Agreed (8 – 2) on admitting new states (on equal footing with original states).|
|Resolution 11:||Postponed republican guarantee clause until representation is settled.|
|Resolution 12:||Passed an Interim Government provision (8 – 2).|
|Resolution 13:||Postponed (7 – 3).|
|Resolution 14:||Postponed (6 – 4 – 1) with New Jersey voting.|
|Resolution 4a:||Defeated motion to have State Legislature elect First House of National Legislature (8 – 3).
Sherman: “The people are more happy in small than large states.” His argument invokes the traditional understanding of republicanism.Madison: We need to “enlarge the sphere.” His argument points back to “vices” and forward to Federalist 10.
|Resolution 4a:||Return to National RepresentationIntroduction 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 14:||Agreed (6 – 5) to require oaths to observe the National Constitution and National laws by State officers.|
|Resolution 15:||Agreed (5 – 3 – 2) to refer Constitution to the people of the several states for ratification. Pennsylvania not voting.|
|Resolution 4b:||Agreed (7 – 4) on three-year terms for First House of National Legislature.|
|Resolution 4c:||Struck out, without discussion, rotation and recall provisions, the end of a republican tradition.|
|Resolution 4d:||Agreed (8 – 3) to provide “Liberal compensation for members of the First House to be paid from the National Treasury.”|
|Resolution 4e :||Agreed (8 – 1 – 2) to make members of First House ineligible for offices under the National Government for one year after leaving the House.|
|Resolution 5b,c:||Agreed to require a minimum age of 30 (7 – 4) and a seven-year term for Senators (8 – 1 – 2).|
|Resolution 5d:||Defeated (7 – 3 – 1) no pay for Senators.|
|Resolution 9:||Discussed and postponed the jurisdiction to be given the Supreme Court.|
|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.
The Connecticut Compromise
|Revised Resolution 1 and 2:||Debated the issue of a two-house legislature.|
|Revised Resolution 2:||Defeated (6 – 4 – 1) a motion to consider vesting the powers of legislation in a one-house Congress.|
|Revised Resolution 2:||Resumed discussion of the legislature and resolved that it should have two branches (7 – 3 – 1).|
|Revised Resolution 3:||Considered method of electing First HouseDefeated a motion for election as stated by State Legislatures (6 – 4 – 1) and agreed to popular election (9 – 1 – 1).|
|Revised Resolution 3b:||Discussed length of term of First House.Agreed (7 – 3 – 1) to strike “three years” and agreed nem con on two years.|
|Revised Resolution 3c:||Defeated a motion to permit First House to determine its pay.
(7 – 2 – 2)
|Revised Resolution 3d:||Defeated a move to strike the National Treasury as the source of pay (5 – 4 – 2).|
|Revised Resolution 3:||Agreed on minimum age of 25 for members of House (7 – 3 – 1).|
|Revised Resolution 3:||Discussed making members ineligible for other state or national office during their own term of office plus one year after leaving office. Defeated motion to strike (4 – 4 – 3).|
|Revised Resolution 4:||Agreed (5 – 5 – 1) to change “Second Branch of the National Legislature” to “Second Branch of the United States Legislature.”|
|Revised Resolution 5:||Agreed (9 – 2) to election of the Second Branch by State Legislatures.|
|Revised Resolution 4b:||Agreed unanimously to minimum age of 30 for Senators.|
|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.|
|Revised Resolution 6:||Postponed.|
|Revised Resolution 7:||Discussed “the right of suffrage in the first branch.”|
|Revised Resolution 8:||Discussed “the right of suffrage in the second branch” to be the same as the first branch.|
Luther Martin delivers a three-hour “desultory” speech, the substance of which was “that an equal vote in each State was essential to the federal idea, and was founded in justice & freedom, not merely in policy.”
|Revised Resolution 7:||Resumed discussion on representation in the First Branch.|
|Revised Resolution 8:||Resumed discussion on representation in the Second Branch.|
Luther Martin continued his speech from the previous day, “contending that the General Government ought to be formed for the States, not individuals.”Madison and Wilson oppose Martin‘s argument.Franklin, disturbed by “the small progress we have made after 4 or 5 weeks,” calls for “prayers imploring the assistance of heaven.”
|Revised Resolution 7:||Approved (6 – 4 – 1) proportional representation in the House.|
|Revised Resolution 7:||Approved (9 – 2) a motion to postpone consideration of rest of Resolution 7, representation by States in Second Branch.|
|Revised Resolution 8:||Ellsworth introduces “Connecticut Compromise Motion”: Equal representation in Second Branch with proportional representation in First House.Madison claims the great divide in American politics is “having or not having slaves” rather than large and small States.Dayton suggested, “we were partly federal, partly national in our Union.”|
|Revised Resolution 8:||Tied (5 – 5 – 1) on Ellsworth‘s motion giving each state one vote in Senate and proportional representation in House.|
|Revised Resolution 8:||Voted to commit the question (9 – 2).|
|Revised Resolution 8:||Voted to commit to committee of one member from each state (10 – 1).Gerry chaired committee made up of Gerry, Ellsworth, Yates, Patterson, Franklin, Bedford, L. Martin, Mason, Davie, Rutledge, and Baldwin.|
“That time may be given to the committee, and to such as chuse to attend to the celebrations of the Anniversary of Independence,” the Convention adjourned till Thursday.
- 1. Representation in First House by population (1:40,000).
- 2. Representation in Second House to give each state an equal vote.
- 3. Money Bills to originate in First House and not subject to amendment in Second House
Gerry justifies Report: “We were neither the same nation nor different nations.”
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.
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 referred to an eleven-man committee (9 – 2).
|Revised Resolution 6b:||Began consideration of the proposal to give Congress the authority in all cases to which the separate states are incompetent.|
|Revised Resolution 6b:||Resumed consideration of the powers to be given Congress. Agreed (6 – 4) to motion to include power to legislate in all cases for the general interests of the Union and in those cases where States are separately incompetent.|
|Revised Resolution 6c:||Defeated (7 – 3) negative of State Laws. Madison thought the negative “essential,” L. Martin considered it “improper.”|
|Revised Resolution 6c:||Motion by L. Martin to make laws and treaties supreme law of the respective States approved nem con.|
|Revised Resolution 6c:||Began consideration of Executive.Agreed (10 – 0) on single executive.Defeated (9 – 1) election by citizens of the United States.Defeated (8 – 2) election by electors appointed by State Legislature.Approved (10 – 0) election by Legislature.Postponed decision on 7-year term.Defeated ineligibility requirement (6 – 4).Defeated motion to substitute hold office “during good behavior” rather than 7 years (6- 4). Defeated motion to strike seven years (6 – 4).|
|Revised Resolution 9:||Agreed to reconsider ineligibility of Executive (8 – 0) (New Jersey and Georgia not voting).Agreed to Executive Veto with 2/3 override.|
|Revised Resolution 11:||Began consideration of Judiciary. Defeated (6 – 2) motion for appointment by Executive. Motion for Executive nomination and appointment on advice and consent of Second House defeated (4 – 4).|
|Revised Resolution 12-16:||Agreed to let Legislature create inferior tribunals, nem con. Agreed “that the jurisdiction shall extend to all cases arising under the national laws and to such other questions as may involve the national peace and harmony,” nem con. Agreed to admit new States with the consent of less than the whole of the National Legislature. Began consideration of continuing the Confederation during the transitional period. Took up Guarantee of Republican Government for States.|
|Revised Resolution 9:||G. Morris moved to reconsider the appointment, duration, and eligibility of the Executive. Agreed (10 – 0). Agreed (6 – 3 – 1) to Ellsworth‘s motions to appointment of Executive by electors chosen by State Legislatures (8 – 2). Defeated (8 – 2) ineligibility for re-election. Defeated (5 – 3 – 2) 7-year term. Agreed (9 – 1) to 6-year term.|
|Revised Resolution 9:||Took up apportionment of electors among the States with a minimum of one and a maximum of three per State. Defeated (7 – 3) motion to add an elector for New Hampshire and Georgia. Agreed (6 – 4) to Gerry‘s allocation of one to three per each State.|
|Revised Resolution 9:||Made Executive removable by impeachment (8 – 2). Franklin saw impeachment as the republican peaceful alternative to assassination under despotism.|
|Revised Resolution 9:||Agreed on fixed compensation, nem con. Agreed (9 – 1) to be paid out of National Treasury.|
|Revised Resolutions 10, 11:||Wilson and Madison argued unsuccessfully on behalf of reinstating original Council of Revision.
Rejected (4 – 3 – 2) motion to join Judiciary with Executive in the exercise of veto power (New Jersey not voting, Pennsylvania and Georgia divided). Agreed (9 – 0) on qualified Executive Veto.Resumed consideration of Judicial appointments.Defeated (6 – 3) Executive appointment unless Senate disagrees. Approved (6 – 3) selection by Senate alone.
|Revised Resolution 17, 18, 19:||Agreed unanimously on requiring oaths by both National and State officials to support the Articles of Union. Began discussion of ratification. Discussion of Resolution 19 of the Amended Virginia Plan of June 13: “The amendments which shall be offered to the Confederation by the Convention, ought at a proper time or times, after the approbation of Congress to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the People to consider and decide thereon.” Defeated (7 – 3) motion by Ellsworth and Paterson to amend Resolution 19 to have the new Constitution referred to State Legislatures for ratification. Agreed (9 – 1) to referral to conventions of the people.|
|Revised Resolution 9:||Agreed (7 – 3) to reconsider election of the Executive.Agreed to refer Revised Resolutions to a Committee of five members to be named the following day.Gen. Pinckney reminded the Convention that if the Committee should fail to insert some security to the Southern States against an emancipation of slaves, and taxes on exports, he should be bound by duty to his State to vote against their Report. It was agreed nem con that the committee consist of 5 members, to be appointed tomorrow.|
|Revised Resolution 9:||Resumed discussion on election of the Executive. Madison compares and contrasts the four proposals for electing the Executive.|
|Revised Resolution 9:||Resumed discussion on election of the Executive and approved (7 – 3) a 7-year term with ineligibility for re-election. Agreed (6 – 3 – 1) to the whole resolution on the Executive.|
Wilson reminds participants “We are providing a constitution for future generations, and not merely for the peculiar circumstances of the moment.” Adjourned to Monday, August 6, 1787.
Madison’s Notes of the Debates
Committee of Detail at Work
|July 27 – August 6:||The Convention was in adjournment while the Committee of Detail was at work. By August 4th, the Committee draft was at the printers.|
The Committee of Detail Report
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.
Took up Article IV, Section 1 (House elections).
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).
Agreed to Article IV, Section 3: 65 members in House from First Congress until the first census. 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.”
Agreed to add a provision introduced by Dickinson for at least one representative for each state in the House.
Moved on to Article IV, Section 5 (money bills).
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.”
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 2 agreed, nem con.
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”.
Article V, Section 4 (Senate shall choose own officers) approved.
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).
Reconsidered (6 – 5) House residence requirement in Article IV, Section 2, and substituted three years for seven at request of Wilson.
Took up Article VI, Section 3 (Quorum requirements).
Added power to compel attendance of absent members (10 – 0 – 1).
Agreed to Article VI, Section 4 (each House to judge qualifications and elections of its members).
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.
Took up Article VI, Section 7 (Requiring journal and a record of each vote at request of 1/5 of members present), passed (7 – 3 – 1).
Agreed (6 – 4 – 1) to non-publication in the journal of “such parts as may in their judgment require secrecy.”
Took up Article VI, Section 8 (no more than 3-day adjournment without consent of other House nor to a location other than where they are sitting).
Amended (10 – 1) to preclude adjournment to another place during a session.
Reconsidered Article V, Section 5 (money bills to originate in House, and not be subject to Senate amendment).
Agreed (8 – 2 – 1) to reconsider the money bills provision of the Connecticut Compromise on Monday.
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 V, Section 3 (age and citizenship for Senators), and defeated a motion (8 – 3) to reduce 9 years to 7.
Reconsidered Article IV, Section 5 (money bills).
Defeated (4 – 7) proposition that money bills originate in House and amended in Senate
After extensive debate, postponed until powers of Senate were determined.
Proceeded to Article VI, Section 10 (legislative pay to be fixed and paid by their state).
Agreed (9 – 2) that pay should be out of the National Treasury.
Agreed that pay be ascertained by law.
Postponed (6 – 5) pending determination of powers to be given Senate.
Took up Article VI, Section 13 (Presidential veto). (See coverage on June 4, June 6, and July 21.)
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.
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.
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.”
New Jersey lacked a quorum today.
“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.”
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.
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.”
G. Morris proposes the foundations for a Presidential Cabinet:
Council of State, Domestic Affairs, Commerce and Finance, Foreign Affairs, War, and Marine.
These are referred to the Committee of Detail.
Returned to Article VII, Section 1 (enumeration of Congressional powers)
Necessary and Proper Clause passed.
Defeated (8 – 3) Mason‘s proposal to give Congress power to enact sumptuary laws.
Took up Article VII, Section 2 (defining treason).
After debate and numerous amendments, Section 2 was approved.
Took up Article VII, Section 3 (direct tax, House apportionment and census).
Agreed (9 – 2) to have first census within 3 years.
Included assuming debts incurred “for the common defense and general welfare.”
Resumed discussion of Article VII, Section 3, and agreed to it (10 – 1).
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.
Took up Article VII, Section 4 (no export taxes by States).
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).
Took up Article VII, Section 4 (no interference with the slave trade). “The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every age, sex and condition including threefifths of all other persons.”
Rutledge rejoined, “Interest alone is the sovereign principle with Nations.”
Ellsworth: “The morality or wisdom of slavery are considerations belonging to the States themselves.”
Dickinson considered the importation of slaves “as inadmissible on every principle of honor and safety.”
Randolph added that he “could never agree to the clause as it stands” and urged that the entire section be referred to a committee to seek a compromise solution.
Voted (7 – 3 – 1) to commit Article VII, Sections 4 and 5 to an 11-member committee chaired by Livingston which included Dickinson and L. Martin and excluded C. Pinckney and Rutledge. Voted (9 – 2) to commit Section 6 to the same committee.
Took up Article VII, Section 2 (prohibit bills of attainder and ex-post facto laws).
Agreed (7 – 3 – 1)
The report of the Committee of 5 was postponed (6 – 5).
The report of the Committee of 11 on Assumption of State Debts was taken up.
After brief discussion it was agreed (11 – 0), “The Legislature shall discharge the debts and fulfill the obligations of the United States.”
After considerable discussion and minor alterations agreed to section.
Passed Article VII, Section 7no titles of nobilitynem con.
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 IX, (Senate treaty power and appointment of Judges and ambassadors) and postponed.
Took up Article VII, Section 1 (calling up militia to execute laws), amended and approved it.
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.”
Resumed discussion of Senate power to make treaties, appoint Ambassadors and Judges, and referred proposal to the Committee of Five.
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).
Took up Article IX, Sections 2 and 3 (controversies among states, controversies arising from conflicting land grants).
Voted (8 – 2) to strike out both sections.
Took up Article X, Section 1 (Executive).
Agreed on one Executive but defeated four different methods of electing the President including the people (9 – 2) and by electors (6 -5).
Took up Article X, Section 2 (Executive powers and duties).
Ordered adjournment at 3 o’clock for the future.
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.”
Approved Article VII, Section 5 as reported.
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.
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.”
Massachusetts, New Jersey, and North Carolina experienced difficulties meeting quorum requirements.
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).
Took up Article XII (limits on State powers).
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.
Took up Article XIII (additional prohibition on States).
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.
Took up Article XIV (mutual privileges and immunities).
Approved it (9 – 1 – 1).
Took up Article XV (extradition): “Amy person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executing power of the State from which he fled, be delivered up and renewed to the State having jurisdiction of the offence.” Soon after, “high misdemeanor” replaced by “other crime.”
Agreed to Article XV, nem con.
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).
Returned to Article XV and passed a fugitive slave clause (11 – 0) to be added at the end of the Article: “if any Person bound to service or labor in any of the United States shall escape into another State, he or she shall not be discharged from such service or labor in consequence of any regulations subsisting in the State to which they escape; but shall be delivered up to the person justly claiming service or labor.”
Took up Article XVII (admission of new states) and passed (6 – 5).
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.
Took up Article XVIII (guarantee of republican form of government): “The United States shall guaranty to each State a Republican form of Government; and shall protect each State against foreign invasions, and, on the application of the Legislature, against domestic violence.”
Dropped “foreign” and retained “domestic violence” over “insurrection.” (6 – 5)
Amended and agreed (9 – 2).
Took up Article XIX (amending process) and agreed.
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.”
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.
Took up Article XXII (Authorization of the Constitution by Confederation Congress).
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.
Discussed Article XXIII (transition from Confederation Government to Constitutional Government).
Agreed with amendments.
Took up Committee of 11 Report of Article VII, Section 4 (Export taxes and duties).
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.
Concluded discussion of Committee of Detail Report.
Referred all leftover proposals to a Committee of one delegate from each state:
This was known as the Brearly Committee.
The End is in Sight
Recommended alteration in Article VI, Section 9: Ineligibility of Federal Legislators to other Federal office.
Received the report of the August 29th Committee, the Rutledge Committee.
Recommended alteration in Article XVI, concerning bankruptcies.
Appearance of “Full Faith and Credit clause.”
New Jersey and Pennsylvania did not meet quorum requirement.
Approved motion to adjourn (7 – 1 – 1)
Agreed to the clause (6 – 3) (New Hampshire not voting).
Agreed to Article XVI as amended (9 – 1).
Took up Article XVI, uniform bankruptcy laws and agreed (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).
Delaware did not meet quorum requirement.
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.
Approved (7 – 3) to motion to postpone consideration of Proposals #4-9.
#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.
Agreed (9 – 2) to postpone Proposal #12 concerning Article IV, Section 5:
A reconsideration of the Connecticut Compromise, namely, to now permit the Senate to amend money bills that originate in the House.
Gerry gave notice that he wanted to reconsider Articles XIX (amending), XX (oath), XXI (ratification), and XXII (blessing of Confederation Congress).
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.
Agreed to request Congress to pay Convention expenses
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.
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.
Took up Proposal #5: qualifications of the President.
Agreed (nem con) that the President should be a natural born citizen, resident for 14 years and be 35 years of age.
Took up Proposal #6: Vice-president as President of Senate.
Agreed (8 – 2) to Vice-president as President of the Senate (North Carolina not voting).
Took up proposal #7: powers of the Executive.
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.
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.”
Agreed (8 – 3) to Brearly Committee Proposal #8 (President can request opinions of government officials in writing).
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.
Returned to Proposal #12: Consideration of Money Bills.
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.
Agreed (7 – 3 – 1) to reconsider Article XXII of the Committee of Detail Report.
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.”
Took up Article XXII.
Rejected nem con a motion to require the approval of the Constitution by the Confederation Congress.
Committee of Detail Report, as revised, and Brearly Committee report, as revised, sent to the Committee of Style.
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…”
Took up Article I, Section 7.
Agreed (6 – 4 – 1) to amend section to include 2/3 instead of 3/4 for Congress to override an Executive veto.
Took up Article I and focused on Sections 2 and 7.
Agreed unanimously to substitute “service” for “servitude.”
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.”
Johnson from the Committee of Style reported a substitute for Articles XXII and XXIII of the Committee of Detail Report.
Agreed to sections with minimal debate
Took up Article I, Section 8 (Powers of Congress).
Agreed (8 – 3) to strike election of Treasurer by Legislature.
Agreed (11 – 0) to add uniformity requirement to taxing power.
Defeated (6 – 4 – 1) motion to give Congress power to establish a university.
Defeated (6 – 5) motion to insert “the liberty of the press shall be inviolably preserved.”
Took up Article I, Section 9 (Restraints on Congressional powers).
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.
Took up Article I, Section 10 (Restraints on the powers of the States).
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.
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.
Took up Article I, Section 10 (Restraints on the powers of the States).
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.”
Took up Article II, Section 1 (General structure of Executive Office).
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.
Took up Article II, Section 2 (Powers of the President).
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).]
Took up Article III, Section 2 (Trial by jury).
Defeated (nem con) an attempt to extend the “trial by jury” clause covering criminal cases to include civil cases.
Took up Article IV, Section 2 (Fugitive Slave clause).
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 3 (Admittance of new states).
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.
Unanimously rejected a call by Randolph, Mason, and Gerry “that amendments to the plan might be offered by the States Conventions, which should be submitted to and finally decided on by another general convention.”
Approved (10 – 0) the document as amended (North Carolina did not meet quorum call).
Voted (10 – 1) to deposit the Journals (Secretary Jackson‘s notes) with the President, subject to the orders of Congress.
Heard 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.”