Elliot’s Debates: Volume 1

Journal of the Federal Convention

Monday, August 27, 1787.

It was moved and seconded to insert the words “after conviction,” after the words “reprieves and pardons,” 2d section, 10th article. [Motion withdrawn.]

It was moved and seconded to amend the clause giving the command of the militia to the executive, to read,—

“and of the militia of the several states when called into the actual service of the United States;”

which passed in the affirmative.

Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, Georgia, 6. Nays: Delaware, South Carolina, 2.

It was moved and seconded to postpone the consideration of the following clause, 2d section, 10th article:—

“He shall be removed from his office, on impeachment by the House of Representatives, and conviction in the Supreme Court, of treason, bribery, or corruption;”

which passed in the affirmative.

It was moved and seconded to postpone the last clause of the 2d section, 10th article; which passed in the affirmative.

It was moved and seconded to add the following clause to the oath of office to be taken by the supreme executive:—

“and will, to the best of my judgment and power, preserve, protect, and defend, the Constitution of the United States;”

which passed in the affirmative.

Yeas: New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 7. Nay: Delaware, 1.

It was moved and seconded to insert the words “both in law and equity” after the words “United States,” in 1st line, 1st section, 11th article; which passed in the affirmative.

On the question to agree to the 1st section, 11th article, as amended, it passed in the affirmative.

It was moved and seconded to add the following clause after the word “behavior,” 2d section, 11th article:—

“provided that they may be removed, by the executive, on application by the Senate and House of Representatives;”

which passed in the negative.

Yea: Connecticut, 1. Nays: New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, 7.

On the question to agree to the second section of the 11th article, as reported, it passed in the affirmative.

Yeas: New Hampshire, Connecticut, Pennsylvania, Virginia, South Carolina, Georgia, 6. Nays: Delaware, Maryland, 2.

It was moved and seconded to insert the words “increased or” before the word “diminished,” in the 2d section, 11th article; which passed in the negative.

Yea: Virginia, 1. Nays: New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, 5. Divided: Maryland, 1.

It was moved and seconded to add the following words to the 2d section, 11th article: “nor increased by any act of the legislature which shall operate before the expiration of three years after the passing thereof;” which passed in the negative.

Yeas: Maryland, Virginia, 2. Nays: New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, 5.

It was moved and seconded to postpone the following clause, 3d section, 11th article: “to the trial of impeachments of officers of the United States;” which passed in the affirmative.

It was moved and seconded to add the following words after the word “controversies,” 3d section, 11th article: “to which the United States shall be a party;” which passed in the affirmative.

It was moved and seconded to insert the words “this constitution, the” before the word “laws,” 2d line, 3d section, 11th article; which passed in the affirmative.

It was moved and seconded to strike out the words “passed by the legislature,” and to insert, after the words “United States,” the words “and treaties made, or which shall be made, under their authority;” which passed in the affirmative.

It was moved and seconded to insert the word “controversies” before the words “between two or.” Passed in the affirmative.

It was moved and seconded to postpone the following clause: “in cases of impeachment;” which passed in the affirmative.

It was moved and seconded to insert the words “the United States or” before the words “a state shall be a party;” which passed in the affirmative.

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

“In all the other cases before mentioned, original jurisdiction shall be in the courts of the several states, but with appeal, both as to law and fact, to the courts of the United States, with such exceptions, and under such regulations, as the legislature shall make.”

The last motion being withdrawn, it was moved and seconded to amend the clause, to read,—

“In cases of impeachment, cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, both as to law and fact, with such exceptions, and under such regulations, as the legislature shall make;”

which passed in the affirmative.

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

“But in cases in which the United States shall be a party, the jurisdiction shall be original or appellate, as the legislature may direct.

It was moved and seconded to amend the amendment, by striking out the words “original or;” which passed in the affirmative.

Yeas: New Hampshire, Connecticut, Maryland, Virginia, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, 2.

The question was then taken on the amendment as amended; which passed in the negative.

Yeas: New Hampshire, Pennsylvania, Delaware, 3. Nays: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5.

On the question to reconsider the 3d section, 11th article, it passed in the affirmative.

It was moved and seconded to strike out the words “the jurisdiction shall be original,” and to insert the words “the Supreme Court shall have original jurisdiction;” which passed in the affirmative.

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

“In all the other cases before mentioned, the judicial power shall be exercised in such manner as the legislature shall direct;”

which passed in the negative.

Yeas: Delaware, Virginia, 2. Nays: New Hampshire, Connecticut, Pennsylvania, Maryland, South Carolina, Georgia, 6.

It was moved and seconded to strike out the last clause of the 3d section, 11th article; which passed unanimously in the affirmative.

It was moved and seconded to insert the words “both in law and equity” before the word “arising,” in the 1st line, 3d section, 11th article; which passed in the affirmative.

It was moved and seconded to insert, after the words “between citizens of different states,” the words “between citizens of the same state claiming lands under grants of different states;” which passed in the affirmative.

The house 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

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

The Federal Pillars

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The Stages of Ratification: An Interactive Timeline

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Interactive Ratification Map

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