Elliot’s Debates: September 3, Journal of the Federal Convention

Elliot’s Debates: Volume 1

September 3, Journal of the Federal Convention

Monday, September 3, 1787.

It was moved by Mr. Morris, and seconded, to strike out the words “judgments obtained in one state shall have in another,” and to insert the word “thereof,” after the word “effect,” in the report from the committee of five, entered on the Journal of the 1st instant; which passed in the affirmative.

Yeas: Massachusetts, Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, 6. Nays: Maryland, Virginia, Georgia, 3.

It was moved and seconded to strike out the words “ought to,” and to insert the word “shall;” and to strike out the word “shall,” and insert the word “may,” in the report entered on the Journal of the 1st instant; which passed in the affirmative.

On the question to agree to the report amended as follows,—

“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings, of every other state; and the legislature may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effects thereof,”—

it passed in the affirmative.

On the question to agree to the following clause of the report,—

“to establish uniform laws on the subject of bankruptcies,”—

it passed in the affirmative.

Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9. Nay: Connecticut, 1.

It was moved and seconded to adjourn. Passed in the negative.

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

It was moved and seconded to postpone the consideration of the report from the committee of eleven, entered on the Journal of the 1st instant, in order to take up the following:—

“The members of each house shall be incapable of holding any office under the United States, for which they, or any other for their benefit, receive any salary, fees, or emoluments of any kind; and the acceptance of such office shall vacate their seats respectively.”

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

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

It was moved and seconded to adjourn. Passed in the negative.

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

It was moved and seconded to insert the word “created” before the word “during,” in the report of the committee of eleven; which passed in the negative.

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

It was moved and seconded to insert the words “created, or the emoluments whereof shall have been increased,” before the word “during,” in the report of the committee.

On the question being taken, the votes were,—

Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, New Jersey, Maryland, South Carolina, 4. Divided: Georgia, 1.

The same question was taken again; which passed in the affirmative.

Yeas: New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, 5. Nays: Connecticut, Maryland, South Carolina, 3. Divided: Georgia, 1.

Separate question having been taken on the report as amended, they passed in the affirmative. And the report as amended is as follows;

“The members of each house shall be ineligible to any civil office under the authority of the United States, created, or the emoluments whereof shall have been increased, during the time for which they shall respectively be elected; and no person holding any office under the United States shall be a member of either house during his continuance in office.”

The house then adjourned.