Elliot’s Debates: Volume 1

Journal of the Federal Convention

Tuesday, June 5, 1787.

His excellency, William Livingston, Esq., a deputy of the state of New Jersey, attended and took his seat.

The following credentials were then produced and read. [See Credentials, p. 163.]

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded to proceed to the further consideration of the 9th resolution submitted by Mr. Randolph.

It was then moved and seconded to amend the last clause by striking out the words “once more,” so as to read, “and of inferior tribunals.”

And on the question to strike out, it passed in the affirmative.

It was then moved and seconded to strike out the words “the national legislature,” so as to read, “to be appointed by.”

On the question to strike out, it passed in the affirmative.

Notice was given by Mr. Wilson, that he should, at a future day, move for a reconsideration of that clause which respects “inferior tribunals.”

Mr. C. Pinckney gave notice that, when the clause which respects the appointment of the judiciary came before the committee, he should move to restore the words “the national legislature.”

It was then moved and seconded to agree to the following part of the 9th resolution, namely,—

“To hold their office during good behavior; and to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution.”

And on the question to agree to the same, it passed in the affirmative.

It was then moved and seconded to postpone the remaining clause of the 9th resolution.

And on the question to postpone, it passed in the affirmative.

On the question to agree to the 10th resolution, as submitted by Mr. Randolph, namely,—

Resolved, That provision ought to be made for the admission of states lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole,”—

it passed in the affirmative.

It was moved and seconded to postpone the consideration of the 11th resolution submitted by Mr. Randolph.

And on the question to postpone, it passed in the affirmative.

Yeas: Massachusetts, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 8. Nays: Connecticut, South Carolina, 2.

On the question to agree to the 12th resolution submitted by Mr. Randolph, namely,—

Resolved, That provision ought to be made for the continuance of a Congress, and their authorities and privileges, until a given day, after the reform of the articles of union shall be adopted, and for the completion of all their engagements,”—

it passed in the affirmative.

Yeas: Massachusetts, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Connecticut, Delaware, 2.

It was then moved and seconded to postpone the consideration of the 13th resolution submitted by Mr. Randolph.

On the question to postpone, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, North Carolina, 7. Nays: Virginia, South Carolina, Georgia, 3.

It was then moved and seconded to postpone the consideration of the 14th resolution submitted by Mr. Randolph.

And on the question to postpone, it passed in the affirmative.

Yeas: Connecticut, New Jersey, Maryland, Virginia, South Carolina, Georgia, 6. Nays: New York, Pennsylvania, Delaware, North Carolina, 4. Divided: Massachusetts, 1.

It was moved and seconded to postpone the consideration of the 15th resolution submitted by Mr. Randolph.

And on the question to postpone, it passed in the affirmative.

It was moved by Mr. C. Pinckney, seconded by Mr. Rutledge, that to-morrow be assigned to reconsider that clause of the 4th resolution, which respects the election of the first branch of the national legislature.

And on the question to reconsider the same to-morrow, it passed in the affirmative.

Yeas: Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, 6: Nays: Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, 5.

It was moved by Mr. Rutledge, seconded by Mr. Sherman, to strike out the following words in the 9th resolution submitted by Mr. Randolph, namely: “and of inferior tribunals.”

And on the question to strike out, it passed in the affirmative.

Yeas: Connecticut, New Jersey, North Carolina, South Carolina, Georgia, 5. Nays: Pennsylvania, Delaware, Maryland, Virginia, 4. Divided: Massachusetts, New York, 2.

It was then moved and seconded that the following clause be added to the 9th resolution, namely: “that the national legislature be empowered to appoint inferior tribunals.”

And on the question to agree to the same, it passed in the affirmative.

Yeas: Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, 7. Nays: Connecticut, New Jersey, South Carolina, 3. Divided: New York, 1.

It was then moved and seconded that the committee do now rise, report a further progress, and request leave to sit again. The committee then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they may have leave to sit again.

Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union.”

And then the house adjourned till to-morrow, at 11 o’clock, A. M.

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Contents

General Overview

In 1787 and 1788, following the Constitutional Convention, a great debate took place throughout America over the Constitution that had been proposed.

In-Doors Debate

View in-depth studies of the Massachusetts, Virginia, and New York state ratifying conventions.

The Federal Pillars

View drawings of the federal pillars rising published by the Massachusetts Centinel during the ratification debate.

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The Stages of Ratification: An Interactive Timeline

View the six stages of the ratification of the Constitution with links to many other features on this site.

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Interactive Ratification Map

View interactive maps showing the breakdown of Federalist-Antifederalist strength at the state level during the Ratification debate.

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