Elliot’s Debates: Volume 1

Journal of the Federal Convention

Friday, August 24, 1787.

The Hon. Mr. Livingston, from the committee of eleven, to whom were referred the two remaining clauses of the 4th section, and the 5th and 6th sections of the 7th article, informed the house that the committee were prepared to report.

The report was then delivered in at the secretary’s table, was once read, and is as follows:—

“Strike out so much of the 4th section of the 7th article as was referred to the committee, and insert, ‘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 1800; but a tax or duty may be imposed on such migration or importation, at a rate not exceeding the average of the duties laid on imposts.’”

The 5th section to remain as in the report. The 6th section to be stricken out.

It was moved and seconded to reconsider the 1st clause, 1st section, 7th article; which passed in the affirmative.

Yeas: Massachusetts, Connecticut, New Jersey, Delaware, Virginia, South Carolina, Georgia, 7. Nays: New Hampshire, Maryland, 2.

And to-morrow was assigned for the reconsideration.

It was moved and seconded to postpone the consideration of the 2d and 3d sections, 9th article; which passed in the negative.

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

It was moved and seconded to strike out the 2d and 3d sections of the 9th article; which passed in the affirmative.

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

Separate questions being taken on the 1st, 2d, and 3d clauses of the 1st section, 10th article, as reported, they passed in the affirmative.

It was moved and seconded to strike out the word “legislature,” and to insert the word “people,” in the 1st section, 10th article; which passed in the negative.

Yeas: Pennsylvania, Delaware, 2. Nays: New Hampshire, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.

It was moved and seconded to insert the word “joint” before the word “ballot,” in the 1st section of the 10th article; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 7. Nays: Connecticut, New Jersey, Maryland, Georgia, 4.

It was moved and seconded to add, after the word “legislature,” in the 1st section, 10th article, the words “each state having one vote;” which passed in the negative.

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

It was moved and seconded to insert, after the word “legislature,” in the 1st section of the 10th article, the words “to which election a majority of the votes of the members present shall be required;” which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, 10. Nay: New Jersey, 1.

On the question to agree to the following clause,—

“and in case the numbers for the two highest in votes should be equal, then the president of the Senate shall have an additional casting voice,”—

it passed in the negative.

It was moved and seconded to agree to the following amendment to the 1st section of the 10th article: “shall be chosen by electors to be chosen by the people of the several states;” which passed in the negative.

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

It was moved and seconded to postpone the consideration of the two last clauses of the 1st section, 10th article; which passed in the negative.

It was moved and seconded to refer the two last clauses of the 1st section of the 10th article to a committee of a member from each state; which passed in the negative.

Yeas: New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 5. Nays: New Hampshire, Massachusetts, North Carolina, South Carolina, Georgia, 5. Divided: Connecticut, 1.

On the question to agree to the following clause, “shall be chosen by electors,” it passed in the negative.

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

The consideration of the remaining clauses of the 1st section, 10th article, was postponed till to-morrow, on the request of the deputies of the state of New Jersey.

On the question to transpose the word “information,” and to insert it after the word “legislature,” in the 1st clause of the 2d section, 10th article, it passed in the affirmative.

It was moved and seconded to strike out the words “he may,” and to insert the word “and” before the word “recommend,” in the 2d clause of the 2d section, 10th article, which passed in the affirmative.

It was moved and seconded to insert the word “and” after the word “occasions,” in the 2d section, 10th article; which passed in the affirmative.

It was moved and seconded to insert the word “shall” before the words “think proper,” 2d section, 10th article; which passed in the affirmative.

It was moved and seconded to strike out the word “officers,” and to insert the words “to officer,” after the word “appoint,” in the 2d section of the 10th article; which passed in the affirmative.

It was moved and seconded to insert the words “or by law,” after the word “Constitution,” in the 2d section of the 10th article; which passed in the negative.

Yea: Connecticut, 1. Nays: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 9.

It was moved by Mr. Dickinson, and seconded, to strike out the words,—

“and shall appoint to offices in all cases not otherwise provided for in this Constitution,”—

and to insert the following:

“and shall appoint to all offices established by this Constitution, except in cases herein otherwise provided for, and to all offices which may hereafter be created according to law;

which passed in the affirmative.

Yeas: Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Georgia, 6. Nays: New Hampshire, Massachusetts, Delaware, South Carolina, 4.

It was moved and seconded to add the following clause to the last amendment:—

“except where, by law, the appointment shall be vested in the executives of the several states;

which passed in the negative.

It was moved and seconded to agree to the following order:—

“That the order respecting the adjournment at 4 be repealed, and that in future the house assemble at 10, and adjourn at 3;”

which passed unanimously in the affirmative. The house then adjourned.

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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

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The Federal Pillars

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Interactive Ratification Map

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