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CC Day 76: The Brearly Report
September 1, 1787
In February 1787, the Confederation Congress authorized a convention of state delegations “for the sole and express purpose of revising the Articles of Confederation…” When delegates gathered in Philadelphia several months later, few anticipated that the meeting would last 88 days. As delegates discussed the post-war challenges facing the young nation, it quickly became apparent that simply revising the Articles of Confederation would not adequately address these challenges. Over the course of the proceedings, 55 delegates from twelve states (all except Rhode Island) contended with questions about the structure and authority of the national government while balancing their respective state interests. Through a series of debates that revealed important agreements and disagreements, and produced a handful of crucial compromises, the Convention ultimately created an unprecedented framework for “republican” government. The Constitution was signed by 39 delegates on September 17, 1787. The idea of an executive was presented as part of the Virginia Plan on May 29, 1787. While delegates agreed on creating the office, they differed on nearly every aspect of its design: the method of election, term length, and eligibility for re-election. Deliberations over the executive recurred throughout the Convention, but produced no decisive outcomes. The Committee of Detail Report, presented on August 6, synthesized these debates. As the Convention neared its end, the Brearly Committee convened to resolve outstanding issues, and particularly those regarding the executive. On September 4, the Committee recommended the electoral college as the method of election, helping to overcome long-standing debate and reflecting the framers’ intent to balance national and federal principles in the new government. Over the following days, delegates finalized executive term length, eligibility for re-election, and executive powers. On September 1st, the Convention heard reports from the Brearly and Rutledge Committees which recommended altering the ineligibility clause in Article VI, Section 9, as well as the bankruptcy provision in Article XVI

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In Convention, — Mr. BREARLY, from the Committee of eleven to which were referred yesterday the postponed part of the Constitution, and parts of Reports not acted upon, made the following partial report:

“That in lieu of Article 6, Sect. 9, the words following be inserted, viz: ‘The members of each House shall be ineligible to any civil office under the authority of the United States, during the time for which they shall respectively be elected; and no person holding an office under the United States shall be a member of either House during his continuance in office.’”

Mr. RUTLEDGE, from the Committee to whom were referred sundry propositions, (see twenty-ninth of August) together with Article 16, reported that the following additions be made to the Report, viz:

“After the word ‘States,’ in the last line on the margin of the third page, (see the printed Report,) add ‘to establish uniform laws on the subject of bankruptcies.’

“And insert the following as Article 16, viz: ‘Full faith and credit ought to be given in each State to the public acts, records, and judicial proceedings of every other State; and the Legislature shall, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect which judgments obtained in one State, shall have in another.’”

After receiving these Reports, the House

Adjourned.

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