Elliot’s Debates: Volume 1

Journal of the Federal Convention

Thursday, September 13, 1787.

The Hon. Mr. Johnston, from the committee of revision, reported the following as a substitute for the 22d and 23d articles:—

Resolved, That the preceding Constitution be laid before the United States in Congress assembled; and that it is the opinion of this Convention, that it should afterwards be submitted to a convention of delegates chosen in each state by the people thereof, under the recommendation of its legislature, for their assent and ratification; and that each convention, assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled.

Resolved, That it is the opinion of this Convention, that, as soon as the conventions of nine states shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the states which shall have ratified the same; and a day on which the electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution; that, after such publication, the electors should be appointed, and the senators and representatives elected; that the electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed, and directed, as the Constitution requires, to the secretary of the United States in Congress assembled; that the senators and representatives should convene at the time and place assigned; that the senators should appoint a president of the Senate for the sole purpose of receiving, opening, and counting the votes for President; and that, after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution.”

The clause offered to the house yesterday, to be added to the 13th article, being withdrawn, it was moved and seconded to agree to the following amendment to the 13th article:—

Provided, That no state shall be restrained from imposing the usual duties on produce exported from that state, for the sole purpose of defraying the charges of inspecting, packing, storing, and indemnifying the losses on such produce, while in the custody of public officers; but all such regulations shall, in case of abuse, be subject to the revision and control of Congress;”

which passed in the affirmative.

It was moved and seconded to postpone the consideration of the report of the committee, respecting the 22d and 23d articles; which passed in the affirmative.

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

It was moved and seconded to proceed to the comparing of the report from the committee of revision with the articles which were agreed to by the house, and to them referred for arrangement; which passed in the affirmative.

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

And the same was read by paragraphs, compared, and in some places corrected and amended. [No entry of the corrections and amendments adopted or proposed appears upon the Journals. The sheets of yeas and nays exhibit, however, many of the questions upon the amendments proposed, and the result of the votes upon them. The amendments adopted are interlined in manuscript, in the revised draft of the Constitution used by Mr. Brearly; and, with the Minutes furnished by Mr. Madison to complete the Journal, collated with the entries on the sheets of yeas and nays, present the following questions and votes:—]

It was moved and seconded to add the words “for two years;” [see 2d section, 1st article;] which passed in the negative.

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

It was moved and seconded to insert the word “service” instead of “servitude,” article 1st, section 2d, clause 3d; which passed unanimously in the affirmative.

It was moved and seconded to strike out the words “and direct taxes” from the same clause; which 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 insert, between “after” and “it,” the words “the day on which.” Passed in the negative.

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

It was moved and seconded to rescind the rule for adjournment; which passed in the affirmative.

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

It was moved and seconded to insert, after the word “parts,” the words “of the proceedings of the Senate;” which passed in the negative.

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

It was moved and seconded to strike out the word “to” before “establish justice,” in the preamble; which passed in the affirmative.

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

It was moved and seconded to reconsider the 2d clause of the 3d section, 1st article; which passed in the negative.

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

Question omitted.

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

Question omitted.

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

It was moved and seconded to reconsider the 1st clause of the 5th section of the 1st article; which passed in the negative.

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

Question omitted.

[It was probably on adding the words "except as to the place of choosing senators," after the word "regulations," in the 4th section of the 1st article: which amendment was adopted.]

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

Question omitted. Passed in the negative.

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

Question omitted. Passed in the negative.

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

Question omitted. Passed in the affirmative.

[It was probably on striking out the words "three fourths," and inserting "two thirds," in the 4th clause, 7th section, 1st article.]

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

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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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