Monday,
May 14
|
|
Date fixed for start of Convention. Only eight delegates are present.
|
|
|
|
Monday,
May 28
|
|
Committee on Rules reported.
16 rules were adopted and additional suggested rules referred to the committee.
|
|
Tuesday,
May 29
|
|
Committee on Rules reported and 5 additional rules, including secrecy, were adopted.
Randolph submitted and defended a set of Fifteen Resolutions, known as The Virginia Plan.
The Convention agreed to meet the following day as a Committee of The Whole.
|
|
Wednesday,
May 30
|
|
The Convention resolves itself into Committee of The Whole,
Gorham in the Chair.
|
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 the amount of each State's financial contribution.
|
|
|
Thursday,
May 31
|
|
|
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) 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 that either house could initiate legislation.
Agreed to incompetence clause and negative on State laws.
|
|
|
Friday,
June 1
|
|
|
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.
|
|
|
Saturday,
June 2
|
|
|
Resolution 7 |
Confusing day on the Executive.
Agreed to selection of Executive by Legislature.
Agreed (8 - 2) on seven-year term, and ineligibility after one term (7 - 2 - 1).
Defeated (9 - 1) Dickinson's motion that Executive be subject to impeachment.
Franklin: Executive should receive no salary. (Motion postponed)
|
|
|
Monday,
June 4
|
|
|
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.)
|
|
|
Tuesday,
June 5
|
|
|
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 (8 - 2) an Interim Government provision.
|
|
Resolution 13
|
Postponed (7 - 3).
|
|
Resolution 14
|
Postponed (6 - 4 - 1) (New Jersey not voting).
|
|
|
Wednesday,
June 6
|
|
|
Resolution 4a |
Defeated (8 - 3) motion to have State Legislature elect First House of National Legislature.
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.
|
|
|
Thursday,
June 7
|
|
|
Resolution 5a |
Agreed (11 - 0) to a proposal by Dickinson and Sherman that the State Legislatures elect the Second House of the National Legislature.
|
|
|
|
|
Saturday,
June 9
|
|
|
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.
|
|
|
Monday,
June 11
|
|
|
Resolution 4a
|
Return to National Representation.
3/5 clause introduced.
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 others persons.
|
|
Resolution 14
|
Agreed (6 - 5) to require oaths to observe the National Constitution and National laws by State officers.
|
|
|
Tuesday,
June 12
|
|
|
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, ending 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 the 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.
|
|
|
Wednesday,
June 13
|
|
|
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.
|
|
Thursday,
June 14
|
|
New Jersey requested postponement of the Amended Virginia Plan to present an alternative plan.
|
|
|
|
|
|
|
|
Tuesday,
June 19
|
|
In Committee of The Whole:
Defeated (6 - 4 - 1) Dickinson's motion to defer consideration of New Jersey Plan.
Heard Madison's 8 Arguments against New Jersey Plan.
Defeated New Jersey Plan (7 - 3 - 1).
|
|
Wednesday,
June 20
|
|
|
Revised Resolution 1 & 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.
|
|
|
Thursday,
June 21
|
|
|
Revised Resolution 2
|
Resumed discussion of the legislature and resolved (7 - 3 - 1) that it should have two branches.
|
|
Revised Resolution 3
|
Considered method of electing First House
Defeated (6 - 4 - 1) a motion for election as stated by State Legislatures and agreed (9 - 1 - 1) to popular election.
|
|
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.
|
|
|
Friday,
June 22
|
|
|
Revised Resolution 3c
|
Defeated (7 - 2 - 2) a motion to permit the First House to determine its pay.
|
|
Revised Resolution 3d
|
Defeated (5 - 4 - 2) a motion to strike the National Treasury as the source of pay.
|
|
Revised Resolution 3
|
Agreed (7 - 3 - 1) on minimum age of 25 for members of the House.
|
|
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 (4 - 4 - 3) a motion to strike.
|
|
|
Saturday,
June 23
|
|
|
Revised Resolution 3
|
Defeated (5 - 5 - 1) a motion by Butler to provide House members with adequate compensation from the National Treasury.
|
|
Revised Resolution 3
|
Agreed (8 - 3) to strike ineligibility of House members for other Federal Offices.
|
|
|
Monday,
June 25
|
|
|
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.
|
|
|
Tuesday,
June 26
|
|
|
Revised Resolution 4
|
Resumed discussion of Senate terms.
Defeated (8 - 3) 9-year terms with triennial rotation.
Approved (7 - 4) 6 years with biennial rotation.
|
|
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) that 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.
|
|
Wednesday,
June 27
|
|
|
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.
|
L. 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"
|
|
Thursday,
June 28
|
|
|
Revised Resolution 7
|
Resumed discussion on representation in the First Branch.
|
|
Revised Resolution 8
|
Resumed discussion on representation in the Second Branch.
|
L. 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."
|
|
Friday,
June 29
|
|
|
Revised Resolution 7
|
Approved (6 - 4 - 1) proportional representation in the House.
|
|
Revised Resolution 7
|
Approved (9 - 2) a motion to postpone consideration of the 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.
|
|
|
Saturday,
June 30
|
|
Defeated (5 - 2 - 1) resolution to ask New Hampshire to send its delegates.
|
Revised Resolution 8
|
Madison claims the great divide in American politics is "having or not having slaves" rather than large and small states.
Davie suggested, "we were partly federal, partly national in our Union."
|
|
|
Monday,
July 2
|
|
|
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 (9 - 2) to commit the question.
|
|
Revised Resolution 8
|
Voted (10 - 1) to commit to committee of one member from each state.
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.
|
|
Tuesday,
July 3
|
|
Gerry Committee met to work on the questions of the previous day.
|
|
Wednesday,
July 4
|
|
Independence Day observed
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.
|
|
Thursday,
July 5
|
|
Received a Report from the Gerry Committee:
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.
|
|
Friday,
July 6
|
|
Gerry justifies Report: "We were neither the same nation nor different nations."
Gerry Committee Report:
Agreed (7 - 3 - 1) to commit the question of 1:40,000 representation 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.
|
|
Saturday,
July 7
|
|
Gerry Committee Report:
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."
|
|
Monday,
July 9
|
|
Gerry Committee Report:
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).
|
|
Tuesday,
July 10
|
|
Received report from the Eleven Member Committee allocating 65 representatives among the 13 States for the House.
Delegates Yates and Lansing from New York left the Convention and explained their reasons to Governor Clinton of New York.
|
|
Wednesday,
July 11
|
|
Inconclusive discussion on periodical censuses.
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."
|
|
Thursday,
July 12
|
|
Approved (5 - 4 - 1) a motion to have a census within 6 years of the First Congress.
Defeated (7 - 3) a motion for succeeding censuses every 20 years.
Agreed (8 - 2) on a census every 10 years.
Defeated (8 - 2) a motion "for rating blacks as equal to whites as of 3/5."
Approved (6 - 2 - 2) a motion to proportion direct taxes, including 3/5, to representation.
|
|
Friday,
July 13
|
|
Approved (5 - 4 - 1) a motion to proportion direct taxes to the number of representatives until the first census.
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.
|
|
Saturday,
July 14
|
|
Defeated (5 - 4 - 1) a motion to limit representation of new western states.
Discussed equal vote for each State in Second House with money bills originating in First House.
Madison argues against the "partly federal, partly national" accommodation.
C. Pinckney moved "that instead of an equality of votes" there should be proportional representation in Senate. Defeated (4 - 6).
|
|
Monday,
July 16
|
|
Agreed (5 - 4 - 1) to Gerry Committee Report (House proportional, Senate equal representation for each State, and money bills originating in the First House and unamendable by the Second House. This is also known as the Connecticut Compromise.)
|
Revised Resolution 6b
|
Began consideration of the proposal to give Congress the authority in all cases to which the separate states are incompetent.
|
|
|
Tuesday,
July 17
|
|
The delegates from large States caucused to decide whether to challenge equal representation in the Senate. They decided not to challenge the compromise.
|
Revised Resolution 6b
|
Resumed consideration of the powers to be given Congress. Agreed (6 - 4) to a motion to include the 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 9
|
Began consideration of an independent 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 Legislatures.
Approved (10 - 0) election by Legislature.
Postponed decision on 7-year term.
Defeated (6 - 4) ineligibility requirement.
Defeated (6 - 4) a motion to substitute hold office "during good behavior" rather than 7 years.
Defeated (6 - 4) a motion to strike seven years.
|
|
|
Wednesday,
July 18
|
|
|
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.
Defeated (4 - 4) motion for Executive nomination and appointment on advice and consent of Second House.
|
|
Revised Resolution 12
|
Agreed (9 - 0) to let Legislature create inferior tribunals (New Jersey voting).
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.
|
Revised Resolutions
12 - 16
|
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.
|
|
|
Thursday,
July 19
|
|
|
Revised Resolution 9
|
Agreed (10 - 0) to a motion by G. Morris to reconsider the appointment, duration, and eligibility of the Executive.
Agreed to Ellsworth's motions to appointment of Executive by electors (6 - 3 - 1) 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.
|
|
|
Friday,
July 20
|
|
|
Revised Resolution 9
|
Took up apportionment of electors among the states with a minimum of 1 and a maximum of 3 per state.
Defeated (7 - 3) motion to add an elector for New Hampshire and Georgia.
Agreed (6 - 4) to Gerry's allocation of 1 to 3 per State.
|
|
Revised Resolution 9
|
Agreed (8 - 2) to make Executive removable by impeachment.
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.
|
|
|
Saturday,
July 21
|
|
|
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 appointment.
Defeated (6 - 3) Executive appointment unless Senate disagrees.
Approved (6 - 3) selection by Senate alone.
|
|
|
Monday,
July 23
|
|
New Hampshire Delegates, John Langdon and Nicholas Gilman arrive.
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.
Discussed 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 new Constitution referred to State Legislatures for ratification.
Agreed (9 - 1) to referral to conventions of the people.
Agreed (7 - 3) to reconsider election of Executive.
Agreed to refer Revised Resolutions to a Committee of 5 members to be named tomorrow.
|
|
|
|
|
Wednesday,
July 25
|
|
Defeated (6 - 5) resolution to let members have copies of the Revised Resolutions of the Virginia Plan during the break.
|
Revised Resolution 9
|
Resumed discussion on election of Executive.
Madison compares and contrasts the four proposals for electing the Executive.
|
|
|
Thursday,
July 26
|
|
|
Revised Resolution 9
|
Resumed discussion on election of Executive and approved (7 - 3) a 7-year term with ineligibility for re-election.
Agreed (6 - 3 - 1) to the whole resolution on Executive.
|
James 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.
|
|
July 27 -
August 6
|
|
The Convention in adjournment while Committee of Detail was at work.
By August 4th, the Committee draft was at the printers.
|
|
Monday,
August 6
|
|
The Convention received the report of the Committee of Detail and adjourned to read the 23 Articles.
|
|
Tuesday,
August 7
|
|
Began consideration of the Committee of Detail Report and covered the Preamble, Articles I, II, III, and part of IV.
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 as already clear.
Discussed Congress meeting 1st Monday of December annually, and agreed (8 - 2) to add, "unless a different day shall be appointed by law."
Defeated (8 - 2) motion for May meeting instead of December.
Agreed to Article III as amended.
Took up Article IV, Section 1 (House elections)
Ellsworth and Mason object to the attempt by G. Morris and Dickinson to impose electoral restrictions.
Defeated (7 - 1 - 1) more restrictive freehold qualifications on the electors.
|
|
Wednesday,
August 8
|
|
Agreed unanimously to Article IV, Section 1 concerning qualifications of the electors: "the qualifications of the electors shall be the same… as those of the electors in the several states, of the most numerous branch of their own legislatures."
Proceeded to Article IV, Section 2 (qualifications of House members).
Agreed (10 - 1) to 7 instead of 3e 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 the 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 the 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: "Slavery… was a nefarious institution."
Agreed to add provision by Dickinson for at least one representative in the House for each state.
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 and Mason objects.
|
|
Thursday,
August 9
|
|
Took up Article IV, Section 6 (sole power of impeachment, choose its own speaker) and Section 7 (filling vacancies) and approved both.
Considered Article V, Section 1 (selection of Senators and provision for vacancies).
Defeated (8 - 1 - 1) motion to strike executive appointment to vacancies.
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 motions to require 14 years of citizenship (7 - 4) and 13 years of citizenship (7 - 4).
Defeated 10 years (7 - 4) and agreed to 9 years (6 - 4 - 1).
Substituted "inhabitant" for "resident."
Article V, Section 4 (Senate shall choose its 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).
|
|
Friday,
August 10
|
|
Reheard Article IV, Section 2 (giving Legislature authority to establish property qualification for members).
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 3 years for 7 at the request of James Wilson.
Took up Article VI, Section 3 (Quorum requirements).
Added power to compel attendance of absent members (10 - 0 - 1).
Agreed to Section 4 (each House to judge qualifications and elections of its members).
Section 5 (freedom of debate), passed nem con.
Took up 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).
|
|
Saturday,
August 11
|
|
Continued on Article VI, Section 7.
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 to preclude adjournment to another place during a session (10 - 1).
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.
|
|
Monday,
August 13
|
|
Reconsidered Article IV, Section 2 (House age and citizenship).
Defeated (7 - 4) Hamilton's proposal 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 (8 - 3) motion to reduce 9 years to 7.
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.
Dickinson suggested, "Experience must be our only guide. Reason may mislead us."
|
|
Tuesday,
August 14
|
|
Took up Article VI, Section 9 (ineligibility of members of Legislature to other Federal Offices).
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.
|
|
Wednesday,
August 15
|
|
Approved Article VI, Section 11 (enacting style for bills).
Took up Article VI, Section 12 (either House may originate bills).
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.
|
|
Thursday,
August 16
|
|
Took up Article VII, Section 1 (enumeration of Congressional powers).
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.
|
|
Friday,
August 17
|
|
Resumed discussion of Article VII, Section 1 (enumeration of Congressional powers).
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 the clause Congress shall "make" war to Congress shall "declare war" (8 - 1).
"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."
New Jersey lacked a quorum on this day.
|
|
Saturday,
August 18
|
|
Referred a list of suggested additional Congressional powers to the Committee of Detail.
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 until 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.
|
|
Monday,
August 20
|
|
Pinckney introduces a bill of rights and the list of 12 is sent to the Committee of Detail.
Included in this list are liberty of the press, restrictions on the removal of the Writ of Habeus Corpus, 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.
|
|
Tuesday,
August 21
|
|
Heard a report from the Committee of State Debt Assumption and Militia Regulation, and laid it on the table.
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).
"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… and three-fifths of all other persons."
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 3 (7 - 4).
Took up Article VII, Section 4 (no interference with the slave trade).
Luther Martin, supported by George 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."
Adjourned
|
|
Wednesday,
August 22
|
|
Resumed discussion of Article VII, Section 4.
C. Pinckney stated, "if slavery be wrong, it is justified by the example of all the world." Rutledge warns that North Carolina, South Carolina and Georgia will not sign the Constitution without certain slavery protection clauses.
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) to commit Article VII, Sections 4 and 5 to an 11-member committee chaired by William Livingston which included Dickinson and Luther Martin and excluded C. Pinckney and Rutledge. Section 6 was also committed to this 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."
|
|
Thursday,
August 23
|
|
Took up Article VII, Section I (powers of Congress).
After considerable discussion and minor alterations agreed to section.
Passed Article VII, Section 7 (no titles of nobility), nem 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.
Revisited Article VII, Section 1 (calling up militia to execute laws), amended and approved it.
| |
