U.S. Constitutional Convention 1787 (2019 Edition)

Grand Convention at Philadelphia, May to September, 1787, Quill Project 2019 Edition.

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Session 3732: 1787-09-04 10:00:00

Second Report of Committee on Postponed Matters delivered and debated.

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Second Report of the Committee on Postponed Matters (Amended)

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[Second Report of the Committee on Postponed Matters as Amended by the Convention]

The Committee of eleven to whom sundry resolutions &ca were referred on the 31st ultimo, report that in their opinion the following additions and alterations should be made to the report before the Convention — viz

The first clause of the first Sect. of the 7th article to read as follows. “The Legislature shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States.”

At the end of 2nd clause of the 1st sect. 7 art. add “and with the Indian tribes.”

In the place of the 9 article 1st sect. to be inserted

“The Senate of the United States shall have power to try all impeachments: but no person shall be convicted without the concurrence of two thirds of the Members present: and every Member shall be on oath.”

after the word Excellency in the 1st sect 10 article to be inserted “He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected in the following manner.

Each State shall appoint, in such manner as it’s legislature may direct, a number of Electors equal to the whole number of Senators and Members of the House of Representatives to which the State may be entitled in the Legislature.

But no Person shall be appointed an Elector who is a member of the Legislature of the United States, or who holds any office of profit or trust under the United States.

The Electors shall meet in their respective States and vote by ballot for two Persons of whom one at least shall not be an inhabitant of the same State with themselves. — and they shall make a list of all the Persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the general Government, directed to the President of the Senate.

The President of the Senate shall in the presence of the Senate and House of Representatives open all the certificates and the votes shall then be counted.

The Person having the greatest number of votes shall be the President (if such number be a majority of the whole number of the Electors appointed) and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President, the representation from each State having one vote — But if no Person have a majority, then from the five highest on the list, the House of Representatives shall, in like manner, choose by ballot the President — In the choice of a President by the House of representatives a quorum shall consist of a Member or Members from two thirds of the States, and the concurrence of a majority of all the States shall be necessary to such choice. — and, in every case after the choice of the President, the Person having the greatest number of votes of the Electors shall be the Vice President: But, if there should remain two or more who have equal votes, the Senate shall choose from them the Vice President.

The Legislature may determine the time of choosing the Electors and of their giving their votes: and the manner of certifying and transmitting their votes — But the election shall be on the same day throughout the United States. The Legislature may declare by law what officer of the United States shall act as President in case of the death, resignation, or disability of the President and Vice President; and such officer shall act accordingly, until such disability be removed, or a President shall be elected.

Sect. 2. No Person except a natural born Citizen, or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and who has not been in the whole, at least 14 years a resident within the U. S.

Sect. 3. The Vice President shall be ex officio, President of the Senate, except when they sit to try the impeachment of the President, in which case the Chief Justice shall preside, and excepting also when he shall exercise the powers and duties of President, in which case, and in case of his absence, the Senate shall chuse a President pro tempore — The Vice President when acting as President of the Senate shall not have a vote unless the House be equally divided.

Sect. 4. The President by and with the advice and consent of the Senate, shall have power to make treaties: and he shall nominate and by and with the advice and consent of the Senate shall appoint Ambassadors and other public Ministers, and Consuls, Judges of the supreme Court, and all other officers of the U. S. whose appointments are not otherwise herein provided for. The President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting commissions which shall expire at the end of the next session of the Senate. But no Treaty shall be made without the consent of two thirds of the Members present.”

after the words “into the service of the U. S.” in the 2 sect. 10 art. add “and may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices.”

The latter part of the 2 sect 10 art to read as follows.

“He shall be removed from his office on impeachment by the House of Representatives, and conviction by the Senate, for treason or bribery or other high crimes and misdemeanors against the United States; the Vice President and other civil Officers of the United States shall be removed from Office on impeachment and conviction as aforesaid; and in case of his removal as aforesaid, death, absence, resignation or inability to discharge the powers or duties of his office the Vice President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.”

Decisions yet to be taken

None