Elliot’s Debates: Volume 1

Journal of the Federal Convention

Thursday, August 30, 1787.

It was moved and seconded to postpone the substitute for the 17th article, agreed to yesterday, in order to take up the amendment:—

“The legislature shall have power to admit other states into the Union, and new states to be formed by the division or junction of states now in the Union, with the consent of the legislature of such states;”

which passed in the negative.

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

It was moved and seconded to commit the substitute for the 17th article, agreed to yesterday.

And on the question being taken, it passed in the negative.

Yeas: New Jersey, Delaware, Maryland, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8.

It was moved and seconded to strike out the words “the limits,” and to insert the words “the jurisdiction,” in the substitute offered to the 17th article; which passed in the affirmative.

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

It was moved and seconded to insert the words “hereafter formed or,” after the words “shall be,” in the substitute for the 17th article; which passed in the affirmative.

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

It was moved and seconded to postpone the consideration of the substitute to the 17th article, as amended, in order to take up the following proposition from Maryland:—

“The legislature of the United States shall have power to erect new states within as well as without the territory claimed by the several states, or either of them, and admit the same into the Union; provided, that nothing in this Constitution shall be construed to affect the claim of the United States to vacant lands ceded to them by the late treaty of peace;”

which passed in the negative.

Yeas: New Jersey, Delaware, Maryland, 3. Nays: Nays Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8.

On the question to agree to the substitute offered to the 17th article, as amended, as follows,—

“New states may be admitted by the legislature into the Union; but no new state shall be hereafter formed or erected within the jurisdiction of any of the present states without the consent of the legislature of such state, as well as of the general legislature,”—

it passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8. Nays; New Jersey, Delaware, Maryland, 3.

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

“nor shall any state be formed by the junction of two or more states, or parts thereof, without the consent of the legislature of such states, as well as of the legislature of the United States;”

which passed in the affirmative.

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

Provided, nevertheless, that nothing in this Constitution shall be construed to affect the claim of the United States to vacant lands ceded to them by the late treaty of peace.”

The last motion being withdrawn, it was moved and seconded to agree to the following proposition:—

“Nothing in this Constitution shall be construed to alter the claims of the United States, or of the individual states, to the western territory; but all such claims may be examined into and decided upon by the Supreme Court of the United States.”

It was moved and seconded to postpone the last proposition, in order to take up the following:—

“The legislature shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution contained shall be so construed as to prejudice any claims either of the United States or of any particular state.”

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

“But all such claims may be examined into and decided upon by the Supreme Court of the United States.”

Passed in the negative.

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

On the question to agree to the following proposition,—

“The legislature shall have power to dispose of and make needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution contained shall be so construed as to prejudice any claims either of the United States or of any particular states,”—

it passed in the affirmative.

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

On the motion to agree to the 1st clause of the 18th article, it passed in the affirmative.

It was moved and seconded to strike out the word “foreign,” in the 18th article; which passed in the affirmative.

It was moved and seconded to strike out the words “on the application of its legislature against;” which passed in the negative.

Yeas: New Jersey, Pennsylvania, Delaware, 3. Nays: New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, 8.

It was moved and seconded to strike out the words “domestic violence,” and insert the word “insurrections,” in the 18th article; which passed in the negative.

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

It was moved and seconded to insert the words “or executive” after the word “legislature;” which passed in the affirmative.

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

It was moved and seconded to add the following clause to the last amendment: “in the recess of the legislature;” which passed in the negative.

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

Separate questions being taken on the several clauses of the 18th article, as amended, they passed in the affirmative.

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

On the question to agree to the 19th article, as reported, it passed in the affirmative.

It was moved and seconded to add the words “or affirmation,” after the word “oath,” 20th article; which passed in the affirmative.

On the question to agree to the 20th article, as amended, it passed in the affirmative.

Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, 8. Nay: North Carolina, 1. Divided: Connecticut, Maryland, 2.

It was moved and seconded to add the following clause to the 20th article:—

“but no religious test shall ever be required as a qualification to any office or public trust under the authority of the United States;”

which passed unanimously in the affirmative.

It was moved and seconded to take up the report of the committee of eleven; which passed in the negative.

Yeas: New Jersey, Delaware, Maryland, 3. Nays: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 8.

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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