Search Results (986)

In order to carry into execution Mr. R. King — The object of the motion from Virginia, an establishment of a government that is to act upon the whole people of the U. S. The object of the motion from Delaware seems to have application merely to the strenghtening [sic] the confederation by some additional powers — Mr. Maddison [sic] — The motion does go to bring out the sense of the house — whether the States shall be governed by one power. If agreed to it will decide nothing. The meanin
Also tagged as: Day, States, Powers, Whole, Government, Power, Act, House
Virginia Plan [Resolutions] - Fourth Resolution: First Clause
Also tagged as: First Branch of National Legislature, Representatives, Mode of Election, The People
Fourth Resolution - First Clause
Also tagged as: Members, Elected, States, Several, Legislature
Mr. Sherman opposed the election by the people, insisting that it ought to be by the State Legislatures. The people he said, immediately should have as little to do as may be about the Government. They want information and are constantly liable to be misled. Mr. Gerry. The evils we experience flow from the excess of democracy. The people do not want virtue; but are the dupes of pretended patriots. In Massts. it has been fully confirmed by experience that they are daily misled into the most ba
Also tagged as: Excess of Democracy, The People, Republic, Class, British Constitution, State Legislature, House of Commons
Mr. Sherman opposed the election by the people, insisting that it ought to be by the 〈State〉 Legislatures. The people he said, 〈immediately〉 should have as little to do as may be about the Government. They want information and are constantly liable to be misled. Mr. Gerry. The evils we experience flow from the excess of democracy. The people do not want virtue; but are the dupes of pretended patriots. In Massts. it has been fully confirmed by experience that they are daily misled into the mos
Also tagged as: Legislature, Legislatures, Government, Different, State, States, Appointments, Second, First, Executive, Elected, Made, electors, Constitution, Officers, Choose, Give, House, Years, Think, Citizens, Bound, Public, Class, Necessary, Number, Removed, Whole, Provide, Appointment
On the question for an election of the first branch of the national Legislature, by the people, Massts. ay. Connect. divd. N. York ay. N. Jersey no. Pena. ay. Delawe. divd. Va. ay. N. C. ay. S. C. no. Georga. ay. [Ayes — 6; noes — 2; divided — 2.]
Also tagged as: Legislature, question
Mr. Wilson opposed both a nomination by the State Legislatures, and an election by the first branch of the national Legislature, because the second branch of the latter, ought to be independent of both. He thought both branches of the National Legislature ought to be chosen by the people, but was not prepared with a specific proposition. He suggested the mode of chusing the Senate of N. York. to wit of uniting several election districts, for one branch, in chusing members for the other branch, a
Also tagged as: Democratic Election, The People, Election Districts, Small State
Mr. Wilson opposed both a nomination by the State Legislatures, and an election by the first branch of the national Legislature, because the second branch of the latter, ought to be independent of both. He thought both branches of the National Legislature ought to be chosen by the people, but was not prepared with a specific proposition. He suggested the mode of chusing the Senate of N. York. to wit of uniting several election districts, for one branch, in chusing members for the other branch, a
Also tagged as: State, Legislature, Legislatures, Second, States, Several, Member, Senate, Senators, Members, Consequence, Chosen
Mr. Mason was of opinion that it would be highly improper to draw the Senate out of the first branch; that it would occasion vacancies which would cost much time, trouble, and expence to have filled up, — besides which it would make the Members too dependent on the first branch. Mr. Chs. Pinckney said he meant to propose to divide the Continent into four Divisions, out of which a certain number of persons shd. be nominated, and out of that nomination to appoint a Senate. I [Pierce] was mys
Also tagged as: Members, Make, States, Determine, Thing, Government, Least, Time, Vacancies, Present, State, Appointed, Vote, Number, Appoint, New, Persons, Senate, Legislature, Propose, First
Mr. Sherman was of opinion that it would be too indifinitely [sic] expressed, — and yet it would be hard to define all the powers by detail. It appeared to him that it would be improper for the national Legislature to negative all the Laws that were connected with the States themselves. Mr. Maddison [sic] said it was necessary to adopt some general principles on which we should act, — that we were wandering from one thing to another without seeming to be settled in any one principle. Mr. W
Also tagged as: Necessary, Given, Make, States, Different, According, Laws, Powers, Thing, Government, Power, Time, Place, Act, State, Establish, Objections, Legislature
Mr. Madison, observed that the more he reflected on the use of force, the more he doubted the practicability, the justice and the efficacy of it when applied to people collectively and not individually. — A Union of the States containing such an ingredient seemed to provide for its own destruction. The use of force agst. a State, would look more like a declaration of war, than an infliction of punishment, and would probably be considered by the party attacked as a dissolution of all previous com
Mr. E. Gery [sic] thought this clause “ought to be expressed so as the people might not understand it to prevent their being alarmed”.
Mr. 〈Madison〉, observed that the more he reflected on the use of force, the more he doubted the practicability, the justice and the efficacy of it when applied to people collectively and not individually. — , A Union of the States 〈containing such an ingredient〉 seemed to provide for its own destruction. The use of force agst. a State, would look more like a declaration of war, than an infliction of punishment, and would probably be considered by the party attacked as a dissolution of all previo
Also tagged as: Use, Union, States, Justice, Provide, Party, State, War, Punishment, Bound
A considerable pause ensuing and the Chairman asking if he should put the question, Docr. Franklin observed that it was a point of great importance and wished that the gentlemen would deliver their sentiments on it before the question was put. Mr. Rutlidge [sic] animadverted on the shyness of gentlemen on this and other subjects. He said it looked as if they supposed themselves precluded by having frankly disclosed their opinions from afterwards changing them, which he did not take to be at a
Also tagged as: Executive, Legislature, Number, War, Appointed, Powers, Power, Peace, question, Time, Person, Public, Office, Different, Necessary, Appoint, Take, Persons, Judges, Proper, Give, Consist, Case, Officers, Government, Laws, Supreme
A considerable pause ensuing and the Chairman asking if he should put the question, Docr. Franklin observed that it was a point of great importance and wished that the gentlemen would deliver their sentiments on it before the question was put. Mr. Rutlidge animadverted on the shyness of gentlemen on this and other subjects. He said it looked as if they supposed themselves precluded by having frankly disclosed their opinions from afterwards changing them, which he did not take to be at all the
1 — The way to prevent a majority from having an interest to oppress the minority is to enlarge the sphere. Madison 2 — Elective Monarchies turbulent and unhappy — Men unwilling to admit so decided a superiority of merit in an individual as to accede to his appointment to so preeminent a station — If several are admitted as there will be many competitors of equal merit they may be all included — contention prevented — & the republican genius consulted — Randolph — I Situation of this Co
Also tagged as: Majority, Several, Equal, Appointment
Wilson We must consider two points of Importance existing in our Country — the extent & manners of the United States — the former seems to require the vigour of Monarchy, the manners are agt. a King and are purely republican — Montesquieu is in favor of confederated Republicks — I am for such a confedn. if we can take for its basis liberty, and can ensure a vigourous execution of the Laws. A single ex. will not so soon introduce a Mony. or Despotism, as a complex one. The people of Amer
Also tagged as: States, Executive, United, Take, Laws, Person, Persons, Require
Mr. Wilson said he was almost unwilling to declare the mode which he wished to take place, being apprehensive that it might appear chimerical. He would say however at least that in theory he was for an election by the people; Experience, particularly in N. York & Massts, shewed that an election of the first magistrate by the people at large, was both a convenient & successful mode. The objects of choice in such cases must be persons whose merits have general notoriety. Mr. Sherman was for the
Mr. Wilson renewed his declarations in favor of an appointment by the people. He wished to derive not only both branches of the Legislature from the people, without the intervention of the State Legislatures but the Executive also; in order to make them as independent as possible of each other, as well as of the States; Col. Mason favors the idea, but thinks it impracticable. He wishes however that Mr. Wilson might have time to digest it into his own form. The clause “to be chosen by the Nati
Mr. Wilson renewed his declarations in favor of an appointment by the people. He wished to derive not only both branches of the Legislature from the people, without the intervention of the State Legislatures 〈but the Executive also;〉 in order to make them as independent as possible of each other, as well as of the States; Col. Mason favors the idea, but thinks it impracticable. He wishes however that Mr. W〈ilson〉 might have time to digest it into his own form.
Also tagged as: Make, States, Executive, Time, State, Appointment, Legislatures, Legislature
Mr. Wilson repeated his arguments in favor of an election without the intervention of the States. He supposed too that this mode would produce more confidence among the people in the first magistrate, than an election by the national Legislature. Mr. Gerry, opposed the election by the national legislature. There would be a constant intrigue kept up for the appointment. The Legislature & the candidates wd. bargain & play into one another’s hands. votes would be given by the former under promis
Also tagged as: Mode of Appointment, Suffrage, Abuse, Electors
Mr. Wilson repeated his arguments in favor of an election without the intervention of the States. He supposed too that this mode would produce more confidence among the people in the first magistrate, than an election by the national Legislature. Mr. Gerry, opposed the election by the national legislature. There would be a constant intrigue kept up for the appointment. The Legislature & the candidates wd. bargain & play into one another’s hands. votes would be given by the former under promis
Also tagged as: Legislature, electors, States, State, Legislatures, Given, First, Appoint, Powers, Services, Votes, Give, Appointment, Members, Act, Chosen
Virginia Plan [Resolutions] - Seventh Resolution (Executive Branch): Franklin's Proposal on Compensation
Franklin's Amendment that the Executive Receive No Remuneration
Also tagged as: Time, Number, Government, Executive, Services, Money, Public, Made, Profit, Office, Think, Place, Duty, States, First, Years, Peace, Trust, Law, Give, Power, Receive, Places, Make, Present, Equal, State, Laid, Service, Proceedings
Mr. Dickenson... It was necessary he said to place the power of removing somewhere. He did not like the plan of impeaching the Great Officers of State. He did not know how provision could be made for removal of them in a better mode than that which he had proposed. He had no idea of abolishing the State Governments as some gentlemen seemed inclined to do. The happiness of this Country in his opinion required considerable power to be left in the hands of the States. Mr. Bedford seconded the mo
Mr. Sherman contended that the National Legislature should have power to remove the Executive at pleasure. Mr. Mason. Some mode of displacing an unfit magistrate is rendered indispensable by the fallibility of those who choose, as well as by the corruptibility of the man chosen. He opposed decidedly the making the Executive the mere creature of the Legislature as a violation of the fundamental principle of good Government. Mr. 〈Madison〉 & Mr. Wilson observed that it would leave an equality
Also tagged as: States, Powers, Executive, Least, Majority, Different, Removal, Power, Choose, House, Case, Made, Government, Number, Legislature, Times, Court, question, Place, State, Chosen, Equal
Mr. Rutlidge & Mr. C. Pinkney moved that the blank for the no. of persons in the Executive be filled with the words “one person”. He supposed the reasons to be so obvious & conclusive in favor of one that no member would oppose the motion. Mr. Randolph opposed it with great earnestness, declaring that he should not do justice to the Country which sent him if he were silently to suffer the establishment. of a Unity in the Executive department. He felt an opposition to it which he believed he s
Mr. Randolph opposed it with great earnestness, declaring that he should not do justice to the Country which sent him if he were silently to suffer the establishment. of a Unity in the Executive department. He felt an opposition to it which he believed he should continue to feel as long as he lived. He urged 1. that the permanent temper of the people was adverse to the very semblance of Monarchy. 2. that a unity was unnecessary a plurality being equally competent to all the objects of the depart
Also tagged as: Members, Justice, Necessary, Different, Executive, Whole, Inhabitant, Appointed, Equal, Appointments
Mr. Wilson was in favor of the motion. It had been opposed by the gentleman from Virga. Mr. Randolph but the arguments used had not convinced him. He observed that the objections of Mr. R. were levelled not so much agst. the measure itself, as agst. its unpopularity. If he could suppose that it would occasion a rejection of the plan of which it should form a part, though the part was an important one, yet he would give it up rather than lose the whole. On examination he could see no evidence of
Mr. Gerry sees no necessity for so great a controul over the legislature as the best men in the Community would be comprised in the two branches of it. Docr. Franklin, said he was sorry to differ from his colleague for whom he had a very great respect, on any occasion, but he could not help it on this. He had had some experience of this check in the Executive on the Legislature, under the proprietary Government of Pena. The negative of the Governor was constantly made use of to extort money.
Also tagged as: Single Executive, Veto, Council of Revision, Executive Corruption, Checks on Power, Cromwell, Catiline, Monarchy, Executive Power
Mr. Wilson was in favor of the motion. It had been opposed by the gentleman from Virga. Mr. Randolph but the arguments used had not convinced him. He observed that the objections of Mr. R. were levelled not so much agst. the measure itself, as agst. its unpopularity. If he could suppose that it would occasion a rejection of the plan of which it should form a part, though the part was an important one, yet he would give it up rather than lose the whole. On examination he could see no evidence of
Also tagged as: States, Members, Power, Equal, Executive, Public, Number, Given, Justice, Militia, Objections, Navy, Whole, Necessary, State, Give, Different, Member, question, Act, First, Make, Place, Courts
Mr. Gerry sees no necessity for so great a controul over the legislature as the best men in the Community would be comprised in the two branches of it. Docr. Franklin, said he was sorry to differ from his colleague for whom he had a very great respect, on any occasion, but he could not help it on this. He had had some experience of this check in the Executive on the Legislature, under the proprietary Government of Pena. The negative of the Governor was constantly made use of to extort money.
Also tagged as: States, Powers, Executive, Public, Equal, Present, Give, Different, Power, Laws, Case, Objections, Made, Use, Constitution, Government, Appointment, Number, Legislature, Person, Offices, Given, Necessary, Make, Money, War, Bills, Consent, Appointed, New, First
Mr. Wilson opposed the appointmt of Judges by the national Legisl: Experience shewed the impropriety of such appointmts. by numerous bodies. Intrigue, partiality, and concealment were the necessary consequences. A principal reason for unity in the Executive was that officers might be appointed by a single, responsible person. Mr. Rutlidge was by no means disposed to grant so great a power to any single person. The people will think we are leaning too much towards Monarchy. He was against esta
Also tagged as: Mode of Appointment, Single Executive, Monarchy, Supreme Judiciary, Supreme Court, Lower Courts, Scotland, Executive Appointment, Legislative Appointment, Senate
Virginia Plan [Resolutions] - Fifteenth Resolution: Randolph's Original
Also tagged as: Constitutional Convention, Safety
Mr. Sherman thought such a popular ratification unnecessary, the articles of Confederation providing for changes and alterations with the assent of Congs. and ratification of State Legislatures. Mr. Madison thought this provision essential. The articles of Confedn. themselves were defective in this respect, resting in many of the States on the Legislative sanction only. Hence in conflicts between acts of the States, and of Congs. especially where the former are of posterior date, and the deci
Also tagged as: Ratification, State power, Divided sovereignty
Mr. Butler. The people will not bear such innovations. The States will revolt at such encroachments. Supposing such an establishment to be useful, we must not venture on it. We must follow the example of Solon who gave the Athenians not the best Govt. he could devise; but the best they wd. receive. Mr. King remarked as to the comparative expence that the establishment of inferior tribunals wd. cost infinitely less than the appeals that would be prevented by them.
Also tagged as: The People, Solon, Athens
Mr. Wilson opposed the appointmt 〈of Judges by the〉 national Legisl: Experience shewed the impropriety of such appointmts. by numerous bodies. Intrigue, partiality, and concealment were the necessary consequences. A principal reason for unity in the Executive was that officers might be appointed by a single, responsible person. Mr. Rutlidge [sic] was by no means disposed to grant so great a power to any single person. The people will think we are leaning too much towards Monarchy. He was agai
Also tagged as: Executive, Think, electors, Give, Grant, Members, Different, Member, Officers, Power, Case, Made, Supreme, Cases, Appointment, Judges, Legislature, Necessary, Make, State, Appointed, Person, First
Fifteenth Resolution
Also tagged as: Constitution, Appointment, New
Mr. Sherman thought such a popular ratification unnecessary. the articles of Confederation providing for changes and alterations with the assent of Congs. and ratification of State Legislatures. Mr. M〈adison〉 thought this provision essential. The articles of Confedn. themselves were defective in this respect, resting in many of the States on the Legislative sanction only. Hence in conflicts between acts of the States, and of Congs. especially where the former are of posterior date, and the de
Also tagged as: States, Authority, Powers, Particular, Provided, Power, House, Case, Objections, Made, Supreme, Constitution, Government, Take, Senate, Legislature, Given, Necessary, Acts, Place, State, Union, Legislatures, New, Several
Mr. Butler was of opinion that the alteration of the confederation ought not to be confirmed by the different Legislatures because they have sworne to support the Government under which they act, and therefore that Deputies should be chosen by the People for the purpose of ratifying it. Mr. King thought that the Convention would be under the necessity of referring the amendments to the different Legislatures, because one of the Articles of the confederation expressly made it necessary. As
Also tagged as: Members, Necessary, Made, States, Different, Government, Act, Chosen, Particular, Union, Legislatures, Amendments, Several
Mr. Butler. The people will not bear such innovations. The States will revolt at such encroachments. Supposing such an establishment to be useful, we must not venture on it. We must follow the example of Solon who gave the Athenians not the best Govt. he could devise; but the best they wd. receive. Mr. King remarked as to the comparative expence that the establishment of inferior tribunals wd. cost infinitely less than the appeals that would be prevented by them.
Also tagged as: Inferior, States, Receive
Virginia Plan [Resolutions] - Fourth Resolution: Pinckney Removes "People"
Also tagged as: Mode of Election, First Branch of National Legislature
Mr. Gerry. Much depends on the mode of election. In England, the people will probably lose their liberty from the smallness of the proportion having a right of suffrage. Our danger arises from the opposite extreme: hence in Massts. the worst men get into the Legislature. Several members of that Body had lately been convicted of infamous crimes. Men of indigence, ignorance & baseness, spare no pains however dirty to carry their point agst. men who are superior to the artifices practiced. He was n
Also tagged as: Mode of Election, Suffrage, Aristocracy, Monarchy, The People, National Government, State Legislature, Election Districts, The States
Pinckney's Amendment for the First Branch of the National Legislature to be Chosen by the State Legislatures
Also tagged as: Legislatures, Legislature, Elected, Case, States, Several, State, Government, Judges, New, Members, Place, Promote, Chosen
Mr. Gerry. Much depends on the mode of election. In England, the people will probably lose their liberty from the smallness of the proportion having a right of suffrage. Our danger arises from the opposite extreme: hence in Massts. the worst men get into the Legislature. Several members of that Body had lately been convicted of infamous crimes. Men of indigence, ignorance & baseness, spare no pains however dirty to carry their point agst. men who are superior to the artifices practiced. He was n
Also tagged as: State, States, Legislatures, Necessary, Legislature, Majority, Power, Authority, Made, Whole, Senate, Foreign, Number, United, New, Powers, Money, Make, Sect, Become, Case, Citizens, Proper, Time, Office, Think, Representatives, Place, Subject, Years, Least
Mr. Madison observed that the great difficulty in rendering the Executive competent to its own defence arose from the nature of Republican Govt. which could not give to an individual citizen that settled pre-eminence in the eyes of the rest, that weight of property, that personal interest agst. betraying the National interest, which appertain to an hereditary magistrate. In a Republic personal merit alone could be the ground of political exaltation, but it would rarely happen that this merit wou
Also tagged as: Executive Branch, Legislative Branch, Judicial Branch, Veto, Council of Revision, Supreme Court
It was moved by Mr C. Pinckney seconded by Mr Rutledge to strike the word “people” out of the 4th resolution submitted by Mr Randolph, and to insert in it’s place the word “Legislatures” so as to read “resolved that the Members of the first branch of the national legislature ought to be elected by the Legislatures of the several states” and On the question to strike out it passed in the negative [Ayes — 3; noes — 8.]
Also tagged as: Legislatures, Elected, Legislature, Members, Place, question, Several, States
Mr. Madison... He observed that the great difficulty in rendering the Executive competent to its own defence arose from the nature of Republican Govt. which could not give to an individual citizen that settled pre-eminence in the eyes of the rest, that weight of property, that personal interest agst. betraying the National interest, which appertain to an hereditary magistrate. In a Republic personal merit alone could be the ground of political exaltation, but it would rarely happen that this mer
Also tagged as: Made, Supreme, Justice, Foreign, Powers, Executive, War, Public, Power, Place, Act, Present, Subject, Give, Judges, Laws, Equal, Objections, Legislature, First
Mr. Sherman seconded the motion; observing that the particular States would thus become interested in supporting the National Governmt. and that a due harmony between the two Governments would be maintained. He admitted that the two ought to have separate and distinct jurisdictions, but that they ought to have a mutual interest in supporting each other. Mr. Pinkney. If the small States should be allowed one Senator only, the number will be too great, there will be 80 at least. Mr. Dickenso
Also tagged as: National Government, Divided sovereignty, Small State, Second Branch of National Legislature, Senate, House of Lords, Proportional Representation, Mode of Election, Check on Power
Virginia Plan [Resolutions] - Fifth Resolution: Wilson's Reworking (Election by the People)
Also tagged as: Second Branch of National Legislature, Senate, Mode of Election, Election Districts
Mr. Sherman seconded the motion; observing that the particular States would thus become interested in supporting the National Governmt. and that a due harmony between the two Governments would be maintained. He admitted that the two ought to have separate and distinct jurisdictions, but that they ought to have a mutual interest in supporting each other. Mr. Pinkney [sic]. If the small States should be allowed one Senator only, the number will be too great, there will be 80 at least. Mr. Di
Also tagged as: Number, States, Least, State, Different, Legislatures, Legislature, Become, Senators, House, Senate, Consist, Senator, Particular
Wilson — If this amendment passes — we shall not have a national Govt: the Senate will be too numerous, and will not represent the property or numbers of the Nation, but they will represent the States, whose interests may oppose the Genl. Government — the consequence will be unfavorable to the Harmony of the Nation. Madison — We are about to form a national Govt. and therefore must abandon Ideas founded alone in the plan of confedn. the Senate ought to come from, & represent, the Wealth of th
Also tagged as: Senate, States, Number, Power, Consequence, Establish, Time, Whole, Respective, Appoint, Ten, Members, State, Government, Laws, Constitution
Wilson's Amendment for the Second Branch of the National Legislature to be Elected by Districts
Also tagged as: Elected, Second, Legislature, Period, State
Mr. Read proposed “that the Senate should be appointed by the Executive Magistrate out of a proper number of persons to be nominated by the individual legislatures.” He said he thought it his duty, to speak his mind frankly. Gentlemen he hoped would not be alarmed at the idea. Nothing short of this approach towards a proper model of Government would answer the purpose, and he thought it best to come directly to the point at once. — His proposition was not seconded nor supported. Mr. Madison, if
Also tagged as: States, Authority, Proper, Executive, Give, Members, Different, Power, Subject, Made, Use, Become, Appointment, Number, Take, Senate, Legislature, Money, According, Whole, Place, State, Act, Appointed, Legislatures, Promote, Persons
Mr. Williamson was agst. giving a power that might restrain the States from regulating their internal police. Mr. Gerry cd. not see the extent of such a power, and was agst. every power that was not necessary. He thought a remonstrance agst. unreasonable acts of the States wd. reclaim them. If it shd. not force might be resorted to. He had no objection to authorize a negative to paper money and similar measures. When the confederation was depending before Congress, Massachusetts was then for
Also tagged as: Federalism, State Sovereignty, Checks on Power, National Legislature, National Supremacy, Veto, Negative, Suffrage, Representation, Proportional Representation
Mr. 〈Madison〉 seconded the motion. He could not but regard an indefinite power to negative legislative acts of the States as absolutely necessary to a perfect system. Experience had evinced a constant tendency in the States to encroach on the federal authority; to violate national Treaties, to infringe the rights & interests of each other; to oppress the weaker party within their respective jurisdictions. A negative was the mildest expedient that could be devised for preventing these mischiefs.
Also tagged as: States, Power, State, Cases, Case, Whole, Laws, Necessary, Give, Congress, Legislature, First, Least, Equal, Authority, question, New, Money, Acts, Made, Proper, Union, Time, Happen, Subject, Powers, Take, Exercise, Law, Supreme, Act, Person, Foreign
Virginia Plan [Resolutions] - Seventh Resolution: Gerry Proposes Election of the National Executive by the State Executives
Also tagged as: Mode of Election, Separation of Powers
Gerry's Amendment for the National Executive to be Chosen by State Executives
Also tagged as: Executive, States, Chosen, Legislature, Journal, State, Elected, According, Given, First, Necessary, Use, Give, Appointed, Votes, Appointment, Made, Different, Legislatures, question
Mr. Randolph urged strongly the inexpediency of Mr. Gerry’s mode of appointing the Natl. Executive. The confidence of the people would not be secured by it to the Natl. magistrate. The small States would lose all chance of an appointment. from within themselves. Bad appointments would be made; the Executives of the States being little conversant with characters not within their own small spheres. The State Executives too notwithstanding their constitutional independence, being in fact dependent
Also tagged as: National Executive, Mode of Election, National Legislature
Mr. Patterson moves that the Committee resume the clause relating to the rule of suffrage in the Natl. Legislature. Mr. Brearly seconds him. He was sorry he said that any question on this point was brought into view. It had been much agitated in Congs. at the time of forming the Confederation and was then rightly settled by allowing to each sovereign State an equal vote. Otherwise the smaller States must have been destroyed instead of being saved. The substitution of a ratio, he admitted carr
Also tagged as: Suffrage, Representation, National Legislature, Equal Representation, Proportional Representation, Small State, Large State, Usurpation, State Legislature, Parliament
Credentials for the State of Massachusetts
Also tagged as: States, Authority, Duty, Powers, Government, Proceedings, Act, Present, State, Give, Stated, Several
Mr. Patterson... We ought to keep within its limits, or we should be charged by our constituents with usurpation. that the people of America were sharpsighted and not to be deceived. But the Commissions under which we acted were not only the measure of our power. they denoted also the sentiments of the States on the subject of our deliberation. The idea of a national Govt. as contradistinguished from a federal one, never entered into the mind of any of them, and to the public mind we must accomm
Also tagged as: States, Authority, Public, Representatives, Give, Entitled, Majority, Different, Member, Bound, Power, Consequence, Subject, Amendments, Laws, Case, Entered, Use, Made, Respective, Cases, Thing, Government, Stated, Take, Number, Ten, Citizens, Legislature, Require, Whole, Time, State, Provide, Legislatures, Votes, Equal, Persons
The Question taken on Resolution 15, to wit, referring the new system to the people of the States for ratification it passed in the affirmative: Massts. ay. Cont. no. N. Y. no. N. J. no. Pa. ay Del. divd. Md. divd. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes — 6; noes — 3; divided — 2.] Editors' note: The Journal disagrees with Madison on Pennsylvania's vote, recording them as absent. Therefore, their vote will be recorded as uncertain.
Virginia Plan [Resolutions] - Fourth Resolution: Jenifer/Madison for Triennial Elections
Also tagged as: Length of Term
Mr. Gerry. The people of New England will never give up the point of annual elections. they know of the transition made in England from triennial to Septennial elections, and will consider such an innovation here as the prelude to a like usurpation. He considered annual Elections as the only defence of the people agst. tyranny. He was as much agst. a triennial House as agst. a hereditary Executive. Mr. Madison. observed that if the opinions of the people were to be our guide, it wd. be diffic
Also tagged as: Length of Term, The People, Legislative Branch
Jenifer's Amendment for Triennial Elections to the First Branch of the Legislature
Also tagged as: Members, Necessary, Service, Made, States, Government, Years, Legislature
Mr. Gerry. The people of New England will never give up the point of annual elections. they know of the transition made in England from triennial to Septennial elections, and will consider such an innovation here as the prelude to a like usurpation. He considered annual Elections as the only defence of the people agst. tyranny. He was as much agst. a triennial House as agst. a hereditary Executive. Mr. M〈adison.〉 observed that if the opinions of the people were to be our guide, it wd. be diff
Also tagged as: Necessary, Give, Citizens, Public, Time, Member, Made, Think, Proper, Class, House, Executive, Take, New, Members, Laid
Mr. Randolph was for the term of 7 years. The Democratic licentiousness of the State Legislatures proved the necessity of a firm Senate. The object of this 2d. branch is to controul the democratic branch of the Natl. Legislature. If it be not a firm body, the other branch being more numerous, and coming immediately from the people, will overwhelm it. The Senate of Maryland constituted on like principles had been scarcely able to stem the popular torrent. No mischief can be apprehended, as the co
Also tagged as: Term Limits, The People, Democracy, The States, Legislative Branch, Second Branch of National Legislature, Abuse, Stability
Mr. Randolph was for the term of 7 years. The Democratic licentiousness of the State Legislatures proved the necessity of a firm Senate. The object of this 2d. branch is to controul the democratic branch of the Natl. Legislature. If it be not a firm body, the other branch being more numerous, and coming immediately from the people, will overwhelm it. The Senate of Maryland constituted on like principles had been scarcely able to stem the popular torrent. No mischief can be apprehended, as the co
Also tagged as: Cases, Necessary, States, Constitution, Term, Executive, Direct, Time, State, Chosen, Give, Legislatures, Years, Concurrence, Senate, Legislature
Gerry's Amendment for Money Bills to Originate in the First Branch of the Legislature
Also tagged as: Money, Representatives, Bills, Journal, Senate, Legislature, First
Mr. Butler saw no reason for such a discrimination. We were always following the British Constitution when the reason of it did not apply. There was no analogy between the Ho of Lords and the body proposed to be established. If the Senate should be degraded by any such discriminations, the best men would be apt to decline serving in it in favor of the other branch. And it will lead the latter into the practice of tacking other clauses to money bills. 〈Mr.〉 M〈adison〉 observed that the Commenta
Also tagged as: Senate, Bills, Money, Member, Amendments, question, Representatives, Constitution, Case, Power, Objections, Bill, Different, Present, Equal, Establish, Given, Cases
Mr. Gerry... The other branch was more immediately the representatives of the people, and it was a maxim that the people ought to hold the purse-strings. If the Senate should be allowed to originate such bills, they wd. repeat the experiment, till chance should furnish a sett of representatives in the other branch who will fall into their snares. Mr. Butler saw no reason for such a discrimination. We were always following the British Constitution when the reason of it did not apply. There was
Also tagged as: First Branch of National Legislature, Second Branch of National Legislature, Taxation, Separation of Powers
Mr. Lansing called for the reading of the 1st. resolution of each plan, which he considered as involving principles directly in contrast; that of Mr. Patterson says he sustains the sovereignty of the respective States, that of Mr. Randolph distroys it: the latter requires a negative on all the laws of the particular States; the former, only certain general powers for the general good. The plan of Mr. R. in short absorbs all power except what may be exercised in the little local matters of the St
Also tagged as: State Sovereignty, Constitutional Convention, National Government, Negative, Representation
Mr. Lansing called for the reading of the 1st. resolution of each plan, which he considered as involving principles directly in contrast; that of Mr. Patterson says he sustains the sovereignty of the respective States, that of Mr. Randolph distroys it: the latter requires a negative on all the laws of the particular States; the former, only certain general powers for the general good. The plan of Mr. R. in short absorbs all power except what may be exercised in the little local matters of the St
Also tagged as: States, Authority, Powers, Executive, Representatives, Least, Present, Particular, Give, Majority, Different, Power, Vote, Vested, Laws, Case, Objections, Propose, Cases, Made, Government, Take, Number, Legislature, Necessary, Congress, Make, Acts, According, Whole, Place, Time, State, Act, Consent, Appointed, Legislatures, Equal, Jurisdiction, Several, First
Mr. Randolph. was not scrupulous on the point of power. When the salvation of the Republic was at stake, it would be treason to our trust, not to propose what we found necessary. He painted in strong colours, the imbecility of the existing confederacy, & the danger of delaying a substantial reform. In answer to the objection drawn from the sense of our Constituents as denoted by their acts relating to the Convention and the objects of their deliberation, he observed that as each State acted sepa
Also tagged as: Coercive power
Mr. Randolph. was not scrupulous on the point of power. When the salvation of the Republic was at stake, it would be treason to our trust, not to propose what we found necessary. He painted in strong colours, the imbecility of the existing confederacy, & the danger of delaying a substantial reform. In answer to the objection drawn from the sense of our Constituents as denoted by their acts relating to the Convention and the objects of their deliberation, he observed that as each State acted sepa
Also tagged as: States, Power, Elected, Powers, Made, Present, State, Congress, Necessary, First, Subject, Citizens, Legislatures, Service, Trial, Propose, Constitution, Union, Authority, Treason, Case, Thing, Attained, question, Trust, Given, Acts, Executive
Mr. Hamilton, had been hitherto silent on the business before the Convention, partly from respect to others whose superior abilities age & experience rendered him unwilling to bring forward ideas dissimilar to theirs, and partly from his delicate situation with respect to his own State, to whose sentiments as expressed by his Colleagues, he could by no means accede. The crisis however which now marked our affairs, was too serious to permit any scruples whatever to prevail over the duty imposed o
Also tagged as: Articles of Confederation, Virginia Plan, New Jersey Plan, Democracy, Corruption, Tyranny, National Executive, National Legislature, National Judiciary, Federalism, Monarchy, Term Limits, Negative, Veto, Executive Pardon, Mode of Appointment, Lifetime Appointment, Good Behavior, The States, Tribunal, Lower Courts, Compensation
Mr. Hamilton, had been hitherto silent on the business before the Convention, partly from respect to others whose superior abilities age & experience rendered him unwilling to bring forward ideas dissimilar to theirs, and partly from his delicate situation with respect to his own State, to whose sentiments as expressed by his Colleagues, he could by no means accede. The crisis however which now marked our affairs, was too serious to permit any scruples whatever to prevail over the duty imposed o
Also tagged as: States, Authority, Powers, Executive, Public, Present, Particular, Give, Years, Grant, Members, Different, Term, Power, Land, Subject, Laws, Case, Cases, Made, Become, Constitution, Foreign, Government, Senate, Citizens, Necessary, Justice, Make, Revenue, War, Whole, Time, question, State, Union, Equal
Mr. Hamilton. — To deliver my sentiments on so important a subject, when the first characters in the union have gone before me, inspires me with the greatest diffidence, especially when my own ideas are so materially dissimilar to the plans now before the committee — My situation is disagreeable, but it would be criminal not to come forward on a question of such magnitude. I have well considered the subject, and am convinced that no amendment of the confederation can answer the purpose of a good
Also tagged as: States, Exercise, Powers, Executive, Public, electors, Present, Give, Years, Law, Establish, Peace, Members, Different, Officers, United, Power, Subject, Laws, Office, Case, Propose, Made, Become, Respective, Foreign, Government, Receive, Take, Senate, Legislature, Necessary, Make, Congress, Revenue, Elected, War, Whole, Time, question, State, Chosen, Appointed, Union, Militia, Appoint, Several, First
Hamilton's Plan
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Mr. M〈adison〉. Much stress had been laid by some gentlemen on the want of power in the Convention to propose any other than a federal plan. To what had been answered by others, he would only add, that neither of the characteristics attached to a federal plan would support this objection. One characteristic, was that in a federal Government, the power was exercised not on the people individually; but on the people collectively, on the States. Yet in some instances as in piracies, captures &c. the
Also tagged as: States, Authority, Powers, Proper, Public, Least, Equal, Present, Particular, Give, Law, Entitled, Members, Majority, Different, Member, Power, Consequence, Vote, Laws, Case, Party, Cases, Entered, Constitution, Foreign, Happen, Government, Treaties, Citizens, Acts, According, Times, War, Whole, Nations, State, Act, Consent, Union, Provide, Period, Legislatures, New, Several, First
Mr. Madison. Much stress had been laid by some gentlemen on the want of power in the Convention to propose any other than a federal plan. To what had been answered by others, he would only add, that neither of the characteristics attached to a federal plan would support this objection. One characteristic, was that in a federal Government, the power was exercised not on the people individually; but on the people collectively, on the States. Yet in some instances as in piracies, captures &c. the e
Also tagged as: Federal, New Jersey Plan
Wilson I dont agree that the Genl. Govt. will swallow up the states or yr. Government — I think they must be preserved they must be continued — they may live in harmony with the Genl. Government — our Country is too extensive for a single Govt. no Despot ever did govern a country so extensive — Persia is divided into 20 subordinate Govts. Rome governed by her Proconsuls — Alfred adopted the plan and formed societies of 10, to those of 100ds towns counties, &c — Objections to a general or n
Also tagged as: States, Union, Government, Exercise, State, Powers, Public, Citizens, Authority, Act, Think, Acts, War, Make, Peace, Propose, Equal, Day, Constitution, Office, Treason, Provide, Receive, Objections, electors, Power, Provided, Several
The Virginia Plan as amended in Committee
Also tagged as: National Government, Virginia Plan, Three-Fifths Compromise, Bicameral Legislature, Supreme Executive, Supreme Legislative, Supreme Judiciary, New Jersey Plan, Republican, Guarantee, Indians, Amendment, State Legislatures, The People, Single Executive, National Executive, National Treasury, National Legislature, National Judiciary, Committee of the Whole, Admission of States, Compensation, First Branch of National Legislature, Second Branch of National Legislature, Suffrage, Union, United States, Harmony, Congress, Term of Office, Impeachment, Separation of Powers, Inferior Tribunals, Revenue
Mr. Elseworth 2ded. by Mr. Gorham moves to alter it so as to run “that the Government of the United States ought to consist of a supreme legislative, Executive and Judiciary”. This alteration he said would drop the word national, and retain the proper title “the United States.” He could not admit the doctrine that a breach of any of the federal articles could dissolve the whole. It would be highly dangerous not to consider the Confederation as still subsisting. He wished also the plan of the Con
Also tagged as: National Government, Confederation, Supreme Legislative, Supreme Executive, Supreme Judiciary, Ratification
This alteration he said would drop the word national, and retain the proper title “the United States.” He [Ellsworth] could not admit the doctrine that a breach of 〈any of〉the federal articles could dissolve the whole. It would be highly dangerous not to consider the Confederation as still subsisting. He wished also the plan of the Convention to go forth as an amendment to the articles of Confederation, since under this idea the authority of the Legislatures could ratify it. If they are unwillin
Also tagged as: Legislatures, States, Title, Several, Authority, United, Whole, Proper
Mr. Lansing... He had already assigned two reasons agst. such an innovation as was proposed. 1. the want of competent powers in the Convention — 2. the state of the public mind. It had been observed by Mr. Madison in discussing the first point, that in two States the Delegates to Congs. were chosen by the people. Notwithstanding the first appearance of this remark, it had in fact no weight, as the Delegates however chosen, did not represent the people merely as so many individuals; but as formin
Also tagged as: Bicameral Legislature, Coercive power, Confederation, Corruption, Legislative Power, Mode of Election, National Government, National Judiciary, National Legislature, Quotas of Contribution, Representation, Republican, State Legislatures, State Sovereignty, Taxation
Mr. Lansing, observed that the true queston here was, whether the Convention would adhere to or depart from the foundation of the present Confederacy; and moved instead of 〈the 2d〉 Resolution “that the powers of Legislation be vested 〈in the U. States〉 in Congress”. . He had already assigned two reasons agst. such an innovation as was proposed. 1. the want of competent powers 〈in the Convention〉 — 2. the 〈state〉of the public mind. It had been observed by (Mr. M〈adison〉) in discussing the first p
Also tagged as: States, Powers, Regulation, Proper, Public, Representatives, Present, Particular, Give, Years, Provided, Members, Power, Subject, Vested, Case, Attained, Made, Foreign, Government, Stated, Legislature, Citizens, Offices, Necessary, Given, Congress, Make, Revenue, War, Whole, Nations, State, Chosen, Union, Trust, Legislatures, Votes, Equal, First
Doctr. Johnson. On a comparison of the two plans which had been proposed from Virginia & N. Jersey, it appeared that the peculiarity which characterized the latter was its being calculated to preserve the individuality of the States. The plan from Va. did not profess to destroy this individuality altogether, but was charged with such a tendency. One Gentleman alone (Col. Hamilton) in his animadversions on the plan of N. Jersey, boldly and decisively contended for an abolition of the State Govts.
Also tagged as: Confederation, Divided sovereignty, National Government, National Jurisdiction, New Jersey Plan, Second Branch of National Legislature, Senate, State Government, State Jurisdiction, State Sovereignty, Virginia Plan
Doctr. Johnson. On a comparison of the two plans which had been proposed from Virginia & N. Jersey, it appeared that the peculiarity which characterized the latter was its being calculated to preserve the individuality of the States. The plan from Va. did not profess to destroy this individuality altogether, but was charged with such a tendency. One Gentleman alone (Col. Hamilton) in his animadversions on the plan of N. Jersey, boldly and decisively contended for an abolition of the State Govts.
Also tagged as: State, States, Made, Legislature, Legislatures, Members, Jurisdiction, Power, Case, Representatives, Objections, Authority, Least, Take, Given, Necessary, Give, Government, Particular, Second, Subject, Vote, Powers, Different, Union, Present, Equal, Chosen
The Virginia Plan as amended in Committee [Resolutions] - Third Resolution: General Pinckney's First Clause
Also tagged as: Mode of Election, First Branch of National Legislature, House of Representatives
Col. Hamilton considered the motion as intended manifestly to transfer the election from the people to the State Legislatures, which would essentially vitiate the plan. It would increase that State influence which could not be too watchfully guarded agst. All too must admit the possibility, in case the Genl. Govt. shd. maintain itself, that the State Govts. might gradually dwindle into nothing. The system therefore shd. not be engrafted on what might possibly fail. Mr. Mason urged the necessi
Also tagged as: Democratic Election, First Branch of National Legislature, House of Representatives, Interests, Mode of Election, National Government
C.C. Pinckney's Amendment for the First Branch to be Appointed by State Legislatures
Also tagged as: Members, Made, Elected, Direct, State, Appointed, Give, Legislatures, Journal, Legislature
The Virginia Plan as amended in Committee [Resolutions] - Third Resolution: General Pinckney's First Clause (Second Version)
Also tagged as: First Branch of National Legislature, House of Representatives, Mode of Election
Genl. Pinkney then moved that the 1st. branch be elected by the people in such mode as the Legislatures should direct; but waved it on its being hinted that such a provision might be more properly tried in the detail of the plan.
Col. Hamilton considered the motion as intended manifestly to transfer the election from the people to the State Legislatures, which would essentially vitiate the plan. It would increase that State influence which could not be too watchfully guarded agst. All too must admit the possibility, in case the Genl. Govt. shd. maintain itself, that the State Govts. might gradually dwindle into nothing. The system therefore shd. not be engrafted on what might possibly fail. Mr. Mason urged the necessity
Also tagged as: State, Legislatures, Act, Legislature, States, Choose, Several, Appointed, Whole, Thing, Proper, Chosen, Debts, Case
The Virginia Plan as amended in Committee [Resolutions] - Third Resolution: First Clause (Original)
Also tagged as: Democratic Election, First Branch of National Legislature, House of Representatives, Mode of Election
Resolved that the Members of the first branch of the Legislature ought to be elected by the People of the several States. which passed in the affirmative [Ayes — 9; noes — 1; divided — 1.] A note from Farrand: "There seems to have been no formal action to strike out the word “National” in the 3d Resolution."
C.C. Pinckney's Amendment for the First Branch to be Elected in Manner Chosen by State Legislatures
Also tagged as: Elected, Chosen, Direct, Legislatures, State
Genl. Pinkney then moved that the 1st. branch be elected by the people in such mode as the Legislatures should direct; but waved it on its being hinted that such a provision might be more properly tried in the detail of the plan.
Also tagged as: Elected, Legislatures, Direct
Election of the 1st. branch “for the term of three years,” considered, Mr. Randolph moved to strike out, “three years” and insert “two years” — he was sensible that annual elections were a source of great mischiefs in the States, yet it was the want of such checks agst. the popular intemperance as were now proposed, that rendered them so mischievous. He would have preferred annual to biennial, but for the extent of the U. S. and the inconveniency which would result from them to the representa
Also tagged as: First Branch of National Legislature, House of Commons, House of Representatives, Length of Term
It was then moved and seconded to agree to the first clause of the third resolution as reported from the Committee, namely, Resolved that the Members of the first branch of the Legislature ought to be elected by the People of the several States. which passed in the affirmative [Ayes — 9; noes — 1; divided — 1.]
Also tagged as: Elected, Legislature, States, First, Members, Several
The Virginia Plan as amended in Committee [Resolutions] - Third Resolution: Randolph Moves for Two-Year Terms
Also tagged as: Length of Term
The Virginia Plan as amended in Committee [Resolutions] - Third Resolution: Elsworth for Annual Elections
Also tagged as: Length of Term
[H]e [Randolph] was sensible that annual elections were a source of great mischiefs in the States, yet it was the want of such checks agst. the popular intemperance as were now proposed, that rendered them so mischievous. He would have preferred annual to biennial, but for the extent of the U. S. and the inconveniency which would result from them to the representatives of the extreme parts of the Empire. The people were attached to frequency of elections. All the Constitutions of the States exce
Also tagged as: States, Number, Whole, Representatives
Ellsworth's Amendment for One Year Terms
Also tagged as: Legislature, Years
Mr. Wilson being for making the 1st. branch an effectual representation of the people at large, preferred an annual election of it. This frequency was most familiar & pleasing to the people. It would be not more inconvenient to them, than triennial elections, as the people in all the States have annual meetings with which the election of the National representatives might be made to coin —cide. He did not conceive that it would be necessary for the Natl. Legisl: to sit constantly; perhaps not ha
Also tagged as: States, Members, Representatives, Necessary, Made, Union, Time, Elected, Place, House, Years, Case, Make, Legislatures, electors, New, Trust, Coin, Regulations, Constitution
Mr. Elseworth, moved to substitute payment by the States out of their own Treasurys: observing that the manners of different States were very different in the Stile of living and in the profits accruing from the exercise of like talents. What would be deemed therefore a reasonable compensation in some States, in others would be very unpopular, and might impede the system of which it made a part. Mr. Williamson favored the idea. He reminded the House of the prospect of new States to the Westwa
Also tagged as: Compensation, State Treasury
Mr. Elseworth, moved to substitute payment by the States out of their own Treasurys: observing that the manners of different States were very different in the Stile of living and in the profits accruing from the exercise of like talents. What would be deemed therefore a reasonable compensation in some States, in others would be very unpopular, and might impede the system of which it made a part. Mr. Williamson favored the idea. He reminded the House of the prospect of new States to the Westwa
Also tagged as: States, State, Members, Legislatures, Different, Time, Compensation, Legislature, Whole, Made, Constitution, Treasury, Union, Services, Days, House, Proper, Make, Necessary, Service, Offices, Justice, Exercise, Think, Power, Term, Cases, Representatives
Mr. Hamilton renewed his opposition to it. He pressed the distinction between State Govts. & the people. The former wd. be the rivals of the Gen’l Govt. The State legislatures ought not therefore to be the pay masters of the latter. Mr. Elesworth. If we are jealous of the State Govts. they will be so of us. If on going home I tell them we gave the Gen: Govt. such powers because we cd. not trust you. — will they adopt it. & witht. yr. approbation it is a nullity.
Also tagged as: State Government
Mr. Hamilton. It has been often asserted, that the interests of the general and of the state legislatures are precisely the same. This cannot be true. The views of the governed are often materially different from those who govern. The science of policy is the knowledge of human nature. A state government will ever be the rival power of the general government. It is therefore highly improper that the state legislatures should be the paymasters of the members of the national government. All politi
Also tagged as: Members, Made, Different, Powers, Officers, Regulations, Power, Government, State, Legislatures, Attained
Mr. Rutlidge, was for preserving the Legislature as pure as possible, by shutting the door against appointments of its own members to offices, which was one source of its corruption. Mr. Mason. The motion of my colleague is but a partial remedy for the evil. He appealed to him as a witness of the shameful partiality of the Legislature of Virginia to its own members. He enlarged on the abuses & corruption in the British Parliament, connected with the appointment of its members. He cd. not supp
Also tagged as: Eligibility for Office, Corruption, Interests, Abuse, Legislative Appointment, Merit, Virtue
Mr. Butler. The proposed amendment does not go far enough. How easily may this be evaded. What was the conduct of George the second to support the pragmatic sanction? To some of the opposers he gave pensions — others offices, and some, to put them out of the house of commons, he made lords. The great Montesquieu says, it is unwise to entrust persons with power, which by being abused operates to the advantage of those entrusted with it. Governor Rutledge was against the proposed amendment. No
Also tagged as: Executive, Public, Years, Holding, Members, Officers, Power, Land, Vote, Second, House, Office, Made, Become, Senators, Government, Appointment, Legislature, Offices, Necessary, War, Time, State, Appointed, Person, Persons, Appointments, First
Mr. Pinkney spoke as follows. — The efficacy of the System will depend on this article. In order to form a right judgmt. in the case it will be proper to examine the situation of this Country more accurately than it has yet been done. The people of the U. States are perhaps the most singular of any we are acquainted with. Among them there are fewer distinctions of fortune & less of rank, than among the inhabitants of any other nation. Every freeman has a right to the same protection & security;
Also tagged as: Ancient World, Aristocracy, Executive, Legislative Power, Monarchy, Parliament
Mr. Pinkney 〈spoke as follows〉. — The efficacy of the System will depend on this article. In order to form a right judgmt. in the case it will be proper to examine the situation of this Country more accurately than it has yet been done. The people of the U. States are perhaps the most singular of any we are acquainted with. Among them there are fewer distinctions of fortune & less of rank, than among the inhabitants of any other nation. Every freeman has a right to the same protection & security
Also tagged as: Government, States, Power, State, Time, Equal, Whole, Powers, Constitution, New, Citizens, Proper, Executive, Different, Offices, Make, Public, United, Legislature, Subject, Present, Fill, Number, question, Laws, Necessary, Members, Place, First
Mr. Ghorum, inclined to a compromise as to the rule of proportion. He thought there was some weight in the objections of the small States. If Va. should have 16 votes & Delre. with several other States together 16. those from Virga. would be more likely to unite than the others, and would therefore have an undue influence. This remark was applicable not only to States, but to Counties or other districts of the same State. Accordingly the Constitution of Massts. had provided that the representati
Also tagged as: Mode of Election, Proportional Representation, Second Branch of National Legislature, State Sovereignty
Mr. Ghorum, inclined to a compromise as to the rule of proportion. He thought there was some weight in the objections of the small States. If Va. should have 16 votes & Delre. with several other States together 16. those from Virga. would be more likely to unite than the others, and would therefore have an undue influence. This remark was applicable not only to States, but to Counties or other districts of the same State. Accordingly the Constitution of Massts. had provided that the 〈representat
Also tagged as: States, electors, Present, Particular, Give, Provided, Peace, Members, Member, Fill, Second, Subject, Objections, Use, Made, Constitution, Committed, Legislature, Citizens, Justice, Necessary, State, Chosen, Appointed, Legislatures, Votes, First
The Virginia Plan as amended in Committee [Resolutions] - Fourth Resolution: Williamson Demands the Proportion of Members between First and Second Branches
Also tagged as: Proportional Representation, Second Branch of National Legislature, Senate, State Sovereignty
Williamson's Amendment to the First Clause
Also tagged as: Members, State, Vote, Give, Number, Senate, Legislature
Docr. Williamson professed himself a friend to such a system as would secure the existence of the State Govts. The happiness of the people depended on it. He was at a loss to give his vote, as to the Senate untill he knew the number of its members. In order to ascertain this, he moved to insert these words after “2d. branch of Natl. Legislature” — “who shall bear such proportion to the no. of the 1st. branch as 1 to” He was not seconded. Editors' note: As Williamson's motion was not seconded,
Also tagged as: Senate, Legislature, Members, Vote, State, Number, Give
Mr. Madison. In order to judge of the form to be given to this institution, it will be proper to take a view of the ends to be served by it. These were first to protect the people agst. their rulers: secondly to protect the people agst. the transient impressions into which they themselves might be led. A people deliberating in a temperate moment, and with the experience of other nations before them, on the plan of Govt. most likely to secure their happiness, would first be aware, that those char
Also tagged as: Aristocracy, Bicameral Legislature, Checks on Power, Class, Consolidated government, Divided sovereignty, Eligibility for Office, Equal Representation, Excess of Democracy, Federal, House of Representatives, Interests, Length of Term, Multiple Terms, National Legislature, Representatives, Stability, Term Limits, Term of Office, Small State, Taxation
Mr. Madison. In order to judge of the form to be given to this institution, it will be proper to take a view of the ends to be served by it. These were first to protect the people agst. their rulers: secondly to protect 〈the people〉 agst. the transient impressions into which they themselves might be led. A people deliberating in a temperate moment, and with the experience of other nations before them, on the plan of Govt. most likely to secure their happiness, would first be aware, that those ch
Also tagged as: Public, Different, Give, Government, Citizens, Term, Subject, Years, Foreign, Nations, Made, Time, Given, Powers, Justice, Necessary, Think, Become, Senate, States, First, Equal, State, Require, Power, Period, Whole, Provide, Majority, Take, Persons, Present
The Virginia Plan as amended in Committee [Resolutions] - Fourth Resolution: Fourth Clause (Compensation) - Pinckney/Madison to Strike Out Compensation Clause
Also tagged as: Aristocracy, Compensation
C.C. Pinckney's Amendment to Compensation Clause
Also tagged as: Appointments, Places, Number, Compensation, Service, Senate, Persons, Made
Mr L. Martin contended at great length and with great eagerness that the General Govt. was meant merely to preserve the State Governts: not to govern individuals: that its powers ought to be kept within narrow limits; that if too little power was given to it, more might be added; but that if too much, it could never be resumed: that individuals as such have little to do but with their own States; that the Genl. Govt. has no more to apprehend from the States composing the Union while it pursues p
Also tagged as: Confederation, Large State, Mode of Representation, National Government, National Judiciary, National Jurisdiction, National Legislature, Small State, State Government, State of Nature
Mr L. Martin contended at great length and with great eagerness that the General Govt. was meant merely to preserve the State Governts: not to govern individuals: that its powers ought to be kept within narrow limits; that if too little power was given to it, more might be added; but that if too much, it could never be resumed: that individuals as such have little to do but with their own States; that the Genl. Govt. has no more to apprehend from the States composing 〈the Union〉 while it pursues
Also tagged as: States, Powers, Proper, Present, Debts, Give, Members, Different, New, Power, Vote, House, Laws, Case, Number, Citizens, Given, Justice, Make, Acts, War, State, Act, Consent, Union, Appoint, Votes, Equal, Inability
Mr. L. Martin resumed his discourse, contending that the Genl. Govt. ought to be formed for the States, not for individuals: that if the States were to have votes in proportion to their numbers of people, it would be the same thing whether their representatives were chosen by the Legislatures or the people; the smaller States would be equally enslaved; that if the large States have the same interest with the smaller as was urged, there could be no danger in giving them an equal vote; they would
Also tagged as: Confederation, Equal Representation, Large State, Mode of Election, Mode of Representation, National Government, Proportional Representation, Small State, State Government, Suffrage
Mr. Martin in continuation. On federal grounds, it is said, that a minority will govern a majority — but on the Virginia plan a minority would tax a majority. In a federal government, a majority of states must and ought to tax. In the local government of states, counties may be unequal — still numbers, not property, govern. What is the government now forming, over states or persons? As to the latter, their rights cannot be the object of a general government — These are already secured by thei
Also tagged as: States, Government, State, Powers, Legislatures, Majority, Equal, Power, Tax, New, According, Give, Stated, Respective, Different, Peace, Entered, Foreign, Necessary, Whole, Persons, Laid, Present, Consequence, Representatives, Consent
Mr. Dayton expressed great anxiety that the question might not be put till tomorrow; Governr. Livingston being kept away by indisposition, and the representation of N. Jersey thereby suspended. Mr. Williamson. thought that if any political truth could be grounded on mathematical demonstration, it was that if the states were equally sovereign now, and parted with equal proportions of sovereignty, that they would remain equally sovereign. He could not comprehend how the smaller States would be
Also tagged as: Large State, Mode of Representation, National Government, New States, Small State, State Sovereignty, Treaty
Mr. Dayton expressed great anxiety that the question might not be put till tomorrow; Governr. Livingston being kept away by indisposition, and the representation of N. Jersey thereby suspended. Mr. Williamson. thought that if any political truth could be grounded on mathematical demonstration, it was that if the states were equally sovereign now, and parted with equal proportions of sovereignty, that they would remain equally sovereign. He could not comprehend how the smaller States would be
Also tagged as: States, Case, Equal, Nations, State, Votes, Law, Members, Powers, Authority, question, Laws, Representatives, Subject, Give, Persons, Make, Require, Government, Constitution, Money, Cases, Different, Legislatures, Entitled, New, Necessary, First, Judgment, According, Least, Present
Mr. Wilson. I should be glad to hear the gentleman from Maryland explain himself upon the remark of Old Sarum, when compared with the city of London. This he has allowed to be an unjust proportion; as in the one place one man sends two members, and in the other one million are represented by four members. I would be glad to hear how he applies this to the larger and smaller states in America; and whether the borough, as a borough, is represented, or the people of the borough. Mr. Martin rose
Also tagged as: Members, Whole, Government, States, Place
Doctr. Johnson. The controversy must be endless whilst Gentlemen differ in the grounds of their arguments; Those on one side considering the States as districts of people composing one political Society; those on the other considering them as so many political societies. The fact is that the States do exist as political Societies, and a Govt. is to be formed for them in their political capacity, as well as for the individuals composing them. Does it not seem to follow, that if the States as such
Also tagged as: States, State, Union, Power, Different, Powers, Vote, Foreign, Member, Give, Make, Equal, Law, Public, Whole, Case, Government, Executive, Nations, War, Time, Necessary, Place, Subject, Votes, Take, Present, Given, Several, New, Particular, Laws, Become, Representatives, Meeting
Judge Elsworth. I now move the following amendment to the resolve — that in the second branch each state have an equal vote. I confess that the effect of this motion is, to make the general government partly federal and partly national. This will secure tranquility, and still make it efficient; and it will meet the objections of the larger states. In taxes they will have a proportional weight in the first branch of the general legislature — If the great states refuse this plan, we will be for e
Also tagged as: States, Government, Second, State, Made, Votes, Make, Equal, Congress, Vote, Legislature, Executive, Elected, According, First, Entered, Powers, Objections, Give, Take, Laws, Require, Constitution, Person, Union, Time, Necessary, Peace, United, Power, Day, question, Present, Several
Dr. Johnson. As the debates have hitherto been managed, they may be spun out to an endless length; and as gentlemen argue on different grounds, they are equally conclusive on the points they advance, but afford no demonstration either way. States are political societies. For whom are we to form a government? for the people of America, or for those societies? Undoubtedly for the latter. They must, therefore, have a voice in the second branch of the general government, if you mean to preserve thei
Also tagged as: Confederation, Divided sovereignty, National Government, Parliament, Proportional Representation, State Government, State Sovereignty
Judge Elsworth. I now move the following amendment to the resolve — that in the second branch each state have an equal vote. I confess that the effect of this motion is, to make the general government partly federal and partly national. This will secure tranquility, and still make it efficient; and it will meet the objections of the larger states. In taxes they will have a proportional weight in the first branch of the general legislature — If the great states refuse this plan, we will be for ev
Also tagged as: Divided sovereignty, Equal Representation, Executive, Large State, Mode of Representation, National Legislature, Quotas of Contribution, Second Branch of National Legislature, Senate, Small State
The discussion of yesterday resumed. Mr. Wilson. The question now before us is of so much consequence, that I cannot give it a silent vote — Gentlemen have said, that if this amendment is not agreed to, a separation to the north of Pennsylvania may be the consequence. — This neither staggers me in my sentiments or my duty. If a minority should refuse their assent to the new plan of a general government, and if they will have their own will, and without it, separate the union, let it be done;
Also tagged as: The Revolutionary War, Aristocracy, Articles of Confederation, Federalism, First Branch of National Legislature, Interests, Large State, Legislative Branch, Monarchy, Representation, Second Branch of National Legislature, Slavery, Small State, Suffrage, The People, The States, Virginia Plan
The motion of Mr. Elseworth resumed for allowing each State an equal vote in ye 2d branch Mr. Wilson did not expect such a motion after the establishment of ye. contrary principle in the 1st. branch; and considering the reasons which would oppose it, even if an equal vote had been allowed in the 1st. branch. The Gentleman from Connecticut (Mr. Elseworth) had pronounced that if the motion should not be acceded to, of all the States North of Pena. one only would agree to any Genl. Government. H
Also tagged as: States, Majority, Votes, State, Vote, Given, Number, Power, Senate, Government, According, House, Necessary, Happen, Equal, Appointment, question, Legislatures, Members, Subject, Least, Chosen, Law, Constitution, Powers, Whole, Thing, Case, Cases, Representatives, Union, War, Objections, Stated, Take, Representative, Time
Mr. Martin. Mr. Wilson’s motion or plan would amount to nearly the same kind of inequality. Mr. King. The Connecticut motion contains all the vices of the old confederation. It supposes an imaginary evil — the slavery of state governments. And should this convention adopt the motion, our business here is at an end. Capt. Dayton. Declamation has been substituted for argument. Have gentlemen shewn, or must we believe it, because it is said, that one of the evils of the old confederation was
Also tagged as: States, Powers, Equal, Present, Give, Grant, Majority, Different, New, United, Power, House, Entered, Made, Use, Foreign, Government, Take, Given, Congress, Imposts, Elected, War, State, Act, Union, Votes, Nations
General Pinkney proposed that a Committee consisting of a member from each State should be appointed to devise & report some compromise. Mr: L. Martin had no objection to a Commitment, but no modifications whatever could reconcile the Smaller States to the least diminution of their equal Sovereignty. Mr. Sharman. We are now at a full stop, and nobody he supposed meant that we shd. break up without doing something. A Committee he thought most likely to hit on some expedient. Mr. Govr. Mo
Also tagged as: Aristocracy, Check on Power, Democracy, Executive, Large State, Lifetime Appointment, Property, Second Branch of National Legislature, Senate, Separation of Powers, Small State, State Executive, State Government, State Legislatures, Union, Demagogue, Nepotism, Oligarchy
Pinckney's Amendment to the Eighth Resolution
Also tagged as: States, Senate, Give, Elected, Time, Years, United, Votes, Appointment, Citizens, Appointments, House, Senators, Treaties, Promote
Mr: L. Martin had no objection to a Commitment, but no modifications whatever could reconcile the Smaller States to the least diminution of their equal Sovereignty. Mr. Sharman. We are now at a full stop, and nobody he supposed meant that we shd. break up without doing something. A Committee he thought most likely to hit on some expedient. Mr. Govr. Morris. thought a Come. advisable as the Convention had been equally divided. He had a stronger reason also. The mode of appointing the 2d. br
Also tagged as: States, Authority, Proper, Executive, Least, Present, Establish, Members, Different, Fill, House, Made, Foreign, Thing, Take, Senate, Offices, Necessary, Make, Money, War, Whole, State, Act, Chosen, Appointed, Trust, Legislatures, Appoint, Equal
By the proceedings in the convention they were so equally divided on the important question of representation in the two branches, that the idea of a concilatory adjustment must have been in contemplation of the house in the appointment of this committee. But still how to effect this salutary purpose was the question. Many of the members, impressed with the utility of a general government, connected with it the indispensible necessity of a representation from the states according to their number
Also tagged as: States, Authority, Powers, Proceedings, Majority, United, Power, Vote, House, Vested, Laws, Office, Become, Constitution, Government, Treaties, Appointment, Directed, Citizens, Legislature, Necessary, Acts, Revenue, According, question, Time, State, Union, Trust, New, First
Editors' note: In his, State of Facts (1788), included in a letter of 21 January 1788 to the Vice President of the Convention of Massachusetts, Elbridge Gerry set out his recollection of the debate on this report in the First Committee on Representation. The relevant section of which is copied below. "The number of forty thousand inhabitants to every member in the House of Representatives, was not a subject of much debate, or an object insisted on, as some of the Committee were opposed to it.
Also tagged as: States, Exercise, Powers, Public, Representatives, Least, Provided, Concurrence, Holding, Members, New, Member, Officers, Power, Subject, Vote, House, Amendments, Attained, Propose, Made, Removed, Tax, Constitution, Government, Number, Take, Ten, Senate, Legislature, Treasury, Offices, Revenue, Money, According, Bill, President, Bills, Time, State, Consent, Votes, Equal, Appointments, First
Mr. Ghorum observed that as the report consisted of propositions mutually conditional he wished to hear some explanations touching the grounds on which the conditions were estimated. Mr. Gerry. The Committee were of different opinions as well as the Deputations from which the Come. were taken, and agreed to the Report merely in order that some ground of accommodation might be proposed. Those opposed to the equality of votes have only assented conditionally; and if the other side do not genera
Also tagged as: Amendment, Equal Representation, Executive, Executive Branch, First Branch of National Legislature, Large State, Negative, Originating Money Bills, Power of the Purse, Second Branch of National Legislature, Senate, Small State, Suffrage, Threat of Secession, Union, Veto, Anarchy
Mr. Ghorum observed that as the report consisted of propositions mutually conditional he wished to hear some explanations touching the grounds on which the conditions were estimated. Mr. Gerry. The Committee were of different opinions as well as the Deputations from which the Come. were taken, and agreed to the Report merely in order that some ground of accommodation might be proposed. Those opposed to the equality of votes have only assented conditionally; and if the other side do not genera
Also tagged as: States, Foreign, State, Take, Make, Necessary, Consequence, Place, Whole, Bills, Justice, Different, First, Powers, Objections, Money, Amendments, House, Nations, Majority, Senate, Representative, Present, Public, Proceedings, Thing, question, Party, Particular, Made, Time, Think, Executive, Votes, Use, Years
Mr. Governr. Morris was opposed to a restriction of this right in either branch, considered merely in itself and as unconnected with the point of representation in the 2d. branch. It will disable the 2d. branch from proposing its own money plans, and giving the people an opportunity of judging by comparison of the merits of those proposed by the 1st. branch. Mr. Wilson could see nothing like a concession here on the part of the smaller States. If both branches were to say yes or no, it was of
Also tagged as: Aristocracy, Congress, Democracy, Divided sovereignty, Excess of Democracy, Executive, First Branch of National Legislature, House of Lords, House of Representatives, Large State, National Treasury, Negative, Originating Money Bills, Parliament, Power of the Purse, Proportional Representation, Second Branch of National Legislature, Senate, Separation of Powers, Small State, The People, Veto
Mr. Governr. Morris was opposed to a restriction of this right in either branch, considered merely in itself and as unconnected with the point of representation in the 2d. branch. It will disable the 2d. branch from proposing its own money plans, and giving the people an opportunity of judging by comparison of the merits of those proposed by the 1st. branch. Mr. Wilson could see nothing like a concession here on the part of the smaller States. If both branches were to say yes or no, it was o
Also tagged as: Houses, States, Proper, Executive, Representatives, Public, Least, Give, Law, Power, Consequence, Office, Case, Services, Use, Made, Constitution, Take, Senate, Necessary, Make, Money, Bill, Whole, Bills, First
“Shall the clause allowing each State one vote in the 2d. branch. stand as part of the Report”? 〈being taken up —〉 Mr. Gerry. This is the critical question. He had rather agree to it than have no accomodation. A Governt. short of a proper national plan if generally acceptable, would be preferable to a proper one which if it could be carried at all, would operate on discontented States. He thought it would be best to suspend the question till the Comme. yesterday appointed, should make report.
Also tagged as: States, Vote, Public, Majority, Proper, question, Equal, State, Office, Necessary, Give, Appointed, Case, Consequence, Make, Justice, Representatives, Government, Laid, Duty
“Shall the clause allowing each State one vote in the 2d. branch. stand as part of the Report”? being taken up, Mr. Gerry. This is the critical question. He had rather agree to it than have no accomodation. A Governt. short of a proper national plan if generally acceptable, would be preferable to a proper one which if it could be carried at all, would operate on discontented States. He thought it would be best to suspend the question till the Comme. yesterday appointed, should make report.
Also tagged as: Equal Representation, Large State, Mode of Representation, Representation, Second Branch of National Legislature, Small State, Suffrage
Mr. Gerry thought it would be proper to proceed to enuerate & define the powers to be vested in the Genl. Govt. before a question on the report should be taken as to the rule of representation in the 2d. branch. Mr. 〈Madison,〉 observed that it wd. be impossible to say what powers could be safely & properly vested in the Govt. before it was known, in what manner the States were to be represented in it. He was apprehensive that if a just representation were not the basis of the Govt. it would h
Also tagged as: States, Case, Particular, New, Powers, Votes, Foreign, Majority, Vested, Whole, Consequence, United, Vote, Give, Bills, Money, Citizens, Made, Union, Equal, Second, Congress, Law, Proper, Constitution, Time
Mr. Gerry thought it would be proper to proceed to enumerate & define the powers to be vested in the Genl. Govt. before a question on the report should be taken as to the rule of representation in the 2d. branch. Mr. Madison, observed that it wd. be impossible to say what powers could be safely & properly vested in the Govt. before it was known, in what manner the States were to be represented in it. He was apprehensive that if a just representation were not the basis of the Govt. it would ha
Also tagged as: Anarchy, Articles of Confederation, Demagogue, Equal Representation, Faction, Large State, Mode of Representation, Originating Money Bills, Power of the Purse, Representation, Second Branch of National Legislature, Senate, Small State, State Government, Suffrage, Union, Declaration of Independence, Diet, Germany, Interests, State Constitutions
Mr. Sherman moved to refer the 1st. part apportioning the Representatives to a Comme. of a member from each State. Mr. Govr. Morris seconded the motion; observing that this was the only case in which such Committees were useful. Mr. Williamson. thought it would be necessary to return to the rule of numbers. but that the Western States stood on different footing. If their property shall be rated as high as that of the Atlantic States, then their representation ought to hold a like proportio
Also tagged as: States, Number, State, According, Member, Meeting, Vote, Votes, Representatives, Place, Use, House, Take, Citizens, Proper, Different, Entitled, Act, Chosen, Legislature, Necessary, Whole, Power, Case, Justice, Term, Receive, Members
Mr. Williamson. thought it would be necessary to return to the rule of numbers. but that the Western States stood on different footing. If their property shall be rated as high as that of the Atlantic States, then their representation ought to hold a like proportion. Otherwise if their property was not to be equally rated. Mr Govr. Morris. The Report is little more than a guess. Wealth was not altogether disregarded by the Come. Where it was apparently in favor of one State whose nos. were su
Also tagged as: Property, Quotas of Contribution, Representation, Mode of Representation, National Legislature, Large State, Slavery, Small State, Corruption, Equality, Interests, Suffrage, Republicanism
Mr. King. N. Hamshire has probably more than 120,000 Inhabts. and has an extensive country of tolerable fertility. Its inhabts therefore may be expected to increase fast. He remarked that the four Eastern States having 800,000 souls, have one-third fewer representatives than the four Southern States, having not more than 700,000 souls rating the blacks, as 5 for 3. The Eastern people will advert to these circumstances, and be dissatisfied. He believed them to be very desirous of uniting with the
Also tagged as: Census, Interests, Large State, National Legislature, Northern States, Proportional Representation, Quotas of Contribution, Representatives, Slavery, Small State, Southern States, Three-Fifths Compromise
Mr. Rutlidge moved that N. Hampshire be reduced from 3 to 2. members. Her numbers did not entitle her to 3 and it was a poor State. Genl. Pinkney seconds the motion. Mr. King. N. Hamshire has probably more than 120,000 Inhabts. and has an extensive country of tolerable fertility. Its inhabts therefore may be expected to increase fast. He remarked that the four Eastern States having 800,000 souls, have ⅓ fewer representatives than the four Southern States, having not more than 700,000 souls
Also tagged as: States, Representatives, Majority, State, Members, Legislature, Present, Cases, Government, Subject, Votes, Money, Make, Revenue, Committed, Given, Require, Member, Regulation, Title, Think, Removed, question, Duty
Mr. Madison moved that the number allowed to each State be doubled. A majority of a Quorum of 65 members, was too small a number to represent the whole inhabitants of the U. States; They would not possess enough of the confidence of the people, and wd. be too sparsely taken from the people, to bring with them all the local information which would be frequently wanted. Double the number will not be too great even with the future additions from New States. The additional expence was too inconsider
Also tagged as: Corruption, General Government, Interests, Mode of Representation, National Government, National Legislature, New States, Proportional Representation, Representatives, State Legislature
Mr. M〈adison〉 moved that the number allowed to each State be doubled. A majority of a Quorum of 65 members, was too small a number to represent the whole inhabitants of the U. States; They would not possess enough of the confidence of the people, and wd. be too sparsely taken from the people, to bring with them all the local information which would be frequently wanted. Double the number will not be too great even with the future additions from New States. The additional expence was too inconsid
Also tagged as: Number, States, Necessary, Majority, State, New, Legislature, Laws, Whole, Make, Representatives, Case, Member, Become, Place, Objections, Give, Representative, Made, Legislatures, Present, Service, Members
Mr Govr. Morris opposed it as fettering the Legislature too much. Advantage may be taken of it in time of war or the apprehension of it, by new States to extort particular favors. If the mode was to be fixed for taking a census, it might certainly be extremely inconvenient; if unfixt the Legislature may use such a mode as will defeat the object: and perpetuate the inequality. He was always agst. such Shackles on the Legislre. They had been found very pernicious in most of the State Constitutions
Also tagged as: Census, Mode of Representation, National Legislature, New States, Proportional Representation, Representation, State Constitutions
Mr Govr. Morris opposed it as fettering the Legislature too much. Advantage may be taken of it in time of war or the apprehension of it, by new States to extort particular favors. If the mode was to be fixed for taking a census, it might certainly be extremely inconvenient; if unfixt the Legislature may use such a mode as will defeat the object: and perpetuate the inequality. He was always agst. such Shackles on the Legislre. They had been found very pernicious in most of the State Constitutions
Also tagged as: Time, Legislature, States, Majority, New, War, Use, State, Votes, Think, Particular, Case, Power
Mr. Randolph’s motion requiring the Legislre. to take a periodical census for the purpose of redressing inequalities in the Representation was resumed. Mr. Sherman was agst. Shackling the Legislature too much. We ought to choose wise & good men, and then confide in them. Mr. Mason. The greater the difficulty we find in fixing a proper rule of Representation, the more unwilling ought we to be, to throw the task from ourselves, on the Genl. Legislre. He did not object to the conjectural rati
Also tagged as: Census, First Branch of National Legislature, House of Representatives, Mode of Representation, National Legislature, National Treasury, New States, Northern States, Proportional Representation, Quotas of Contribution, Representation, Secession, Southern States, Union
Yates, Robert, of New York. Attended May 18; left Convention July 10. Opposed to the Constitution. Editors' note: Yates and Lansing were present during the session on 10 July, as their votes were recorded throughout the day. With Hamilton already absent, their leaving meant from this point on New York had no representative at the Convention. On leaving,the two men drafted a letter to George Clinton, the Governor of New York. Found in Farrand's Appendix A, CLXVII. It read as follows" "S
Also tagged as: Government, States, United, Constitution, Legislature, Powers, State, New, Citizens, Power, Majority, Present, Necessary, Vested, Trust, Acts, Office, Exceeding, Union, Equal, Time, Objections, Appointed, First, Representative, Revenue, Subject, Given, Laws, Treaties, Amendments
Lansing, John, of New York. First attended on June 2, though he may have been present before May 25; left on July 10. Opposed to the Constitution. Editors' note: Yates and Lansing were present during the session on 10 July, as their votes were recorded throughout the day. With Hamilton already absent, their leaving meant from this point on New York had no representative at the Convention. On leaving, the two men drafted a letter to George Clinton, the Governor of New York. Found in Farran
Also tagged as: Government, States, United, Constitution, Legislature, Powers, State, New, Citizens, Present, Power, Majority, Necessary, Vested, Trust, Acts, Office, Exceeding, Union, Equal, Time, Votes, Objections, Appointed, First, Representative, Revenue, Receive, Subject, Given, Laws, Treaties, Amendments, Day
Mr. Randolph agreed that Mr. Williamson’s proposition should stand in the place of his. He observed that the ratio fixt for the 1st. meeting was a mere conjecture, that it placed the power in the hands of that part of America, which could not always be entitled to it, that this power would not be voluntarily renounced; and that it was consequently the duty of the Convention to secure its renunciation when justice might so require; by some constitutional provisions. If equality between great & sm
Mr. Randolph’s motion requiring the Legislre. to take a periodical census for the purpose of redressing inequalities in the Representation was resumed. Mr. Sherman was agst. Shackling the Legislature too much. We ought to choose wise & good men, and then confide in them. Mr. Mason. The greater the difficulty we find in fixing a proper rule of Representation, the more unwilling ought we to be, to throw the task from ourselves, on the Genl. Legislre. He did not object to the conjectural rati
Also tagged as: States, Equal, Time, Legislature, Power, According, Take, Union, Justice, New, Duty, Meeting, Choose, Vote, Objections, Give, Make, Made, Proper, Majority, Stated, Present, Entitled, State, Require, Constitution, Public, Treasury, Number
The amendment offered to the second paragraph of the report from the Committee, consisting of Mr G. Morris, Mr Gorham, Mr Randolph Mr Rutledge and Mr King, being withdrawn — It was moved and seconded to substitute the following resolution, namely. “Resolved That in order to ascertain the alterations that may happen in the population and wealth of the several States a census shall be taken of the free inhabitants of each State, and three fifths of the inhabitants of other description on the fi
Also tagged as: States, Public, Equal, Years, Meeting, Entitled, Duty, Term, Power, Second, Case, Happen, Government, Number, Stated, Take, Require, Legislature, Justice, Place, State, Votes, New, Several
Williamson's Amendment for a Census
Also tagged as: States, Public, Equal, Years, Meeting, Entitled, Duty, Term, Power, Second, Case, Happen, Government, Number, Stated, Take, Require, Legislature, Justice, Place, State, Votes, New, Several
Mr. Sherman thought the number of people alone the best rule for measuring wealth as well as representation; and that if the Legislature were to be governed by wealth, they would be obliged to estimate it by numbers. He was at first for leaving the matter wholly to the discretion of the Legislature; but he had been convinced by the observations of (Mr. Randolph & Mr. Mason) that the periods & the rule of revising the Representation ought to be fixt by the Constitution. Mr. Reid thought the Le
Also tagged as: Amendment, Census, Interests, Mode of Representation, National Legislature, National Treasury, New States, Northern States, Property, Proportional Representation, Quotas of Contribution, Representatives, Southern States, Taxation, Union
Mr. Sherman thought the number of people alone the best rule for measuring wealth as well as representation; and that if the Legislature were to be governed by wealth, they would be obliged to estimate it by numbers. He was at first for leaving the matter wholly to the discretion of the Legislature; but he had been convinced by the observations of (Mr. Randolph & Mr. Mason) that the periods & the rule of revising the Representation ought to be fixt by the Constitution Mr. Reid thought the Leg
Also tagged as: Legislature, States, Power, Different, Time, Majority, Representatives, Labour, Constitution, Case, Bound, Places, Objections, Exports, First, Give, Years, Money, Thing, Make, Present, State, Subject, Public, Justice, Number
The next clause as to three-fifths of the negroes considered, Mr. King. being much opposed to fixing numbers as the rule of representation, was particularly so on account of the blacks. He thought the admission of them along with Whites at all, would excite great discontents among the States having no slaves. He had never said as to any particular point that he would in no event acquiesce in & support it; but he wd. say that if in any case such a declaration was to be made by him, it would be
Also tagged as: Census, Mode of Representation, New States, Northern States, Property, Proportional Representation, Quotas of Contribution, Representation, Slavery, Southern States, State Legislature, Three-Fifths Compromise
the next clause as to ⅗ of the negroes considered Mr. King. being much opposed to fixing numbers as the rule of representation, was particularly so on account of the blacks. He thought the admission of them along with Whites at all, would excite great discontents among the States having no slaves. He had never said as to any particular point that he would in no event acquiesce in & support it; but he wd. say that if in any case such a declaration was to be made by him, it would be in this. He
Also tagged as: States, Number, Citizens, Made, Give, Given, Necessary, Respective, Persons, Case, Legislature, Entitled, Public, State, Representatives, Different, Particular
Mr. Davie, said it was high time now to speak out. He saw that it was meant by some gentlemen to deprive the Southern States of any share of Representation for their blacks. He was sure that N. Carola. would never confederate on any terms that did not rate them at least as three-fifths. If the Eastern States meant therefore to exclude them altogether the business was at an end. Dr. Johnson, thought that wealth and population were the true, equitable rule of representation; but he conceived th
Also tagged as: Equality, Equitable Ratio of Representation, National Legislature, Northern States, Property, Representation, Slavery, Southern States, Suffrage, Taxation
Mr. Davie, said it was high time now to speak out. He saw that it was meant by some gentlemen to deprive the Southern States of any share of Representation for their blacks. He was sure that N. Carola. would never confederate on any terms that did not rate them at least as ⅗. If the Eastern States meant therefore to exclude them altogether the business was at an end. Dr. Johnson, thought that wealth and population were the true, equitable rule of representation; but he conceived that these tw
Also tagged as: States, Time, Legislature, According, Subject, Number, Member, Appointed, Take, Least, Enter, Require
Report of the Special Committee [Working Version] - Gerry on Pre-Census Taxation
Also tagged as: Census, National Treasury, Representation, First Branch of National Legislature, Taxation, The People, The States
Mr. Govr. Morris opposed the alteration as leaving still an incoherence. If Negroes were to be viewed as inhabitants, and the revision was to proceed on the principle of numbers of inhabts. they ought to be added in their entire number, and not in the proportion of 3/5. If as property, the word wealth was right, and striking it out would. produce the very inconsistency which it was meant to get rid of. — The train of business & the late turn which it had taken, had led him he said, into deep med
Also tagged as: Colonies, Equal Representation, Equality, First Branch of National Legislature, Northern States, Property, Representation, Secession, Second Branch of National Legislature, Slavery, Southern States, Suffrage, Union, Civil Rights, Eastern States, Middle States
Mr. Govr. Morris opposed the alteration as leaving still an incoherence. If Negroes were to be viewed as inhabitants, and the revision was to proceed on the principle of numbers of inhabts. they ought to be added in their entire number, and not in the proportion of 8/5. If as property, the word wealth was right, and striking it out would. produce the very inconsistency which it was meant to get rid of. — The train of business & the late turn which it had taken, had led him he said, into deep med
Also tagged as: States, Majority, Power, Take, Entitled, State, Time, Number, War, According, First, Vote, Proper, Equal, Public, Union, Period, Provide, Thing, Case
Mr. Dayton. The smaller States can never give up their equality. For himself he would in no event yield that security for their rights. Mr. Sherman urged the equality of votes not so much as a security for the small States; as for the State Govts. which could not be preserved unless they were represented & had a negative in the Genl. Government. He had no objection to the members in the 2d b. voting per capita, as had been suggested by Mr. Gerry. Mr. Madison concurred in the motion of Mr.
Also tagged as: Coercive power, Confederation, Constitutional Convention, Equal Representation, Equitable Ratio of Representation, Federalism, First Branch of National Legislature, General Government, House of Representatives, Judicial Branch, Large State, Legislative Authority, Legislative Branch, Legislative Power, Mode of Representation, National Government, National Legislature, Proportional Representation, Quotas of Contribution, Representation, Small State, Southern States, The Confederation
Mr. Dayton. The smaller States can never give up their equality. For himself he would in no event yield that security for their rights. Mr. Sherman urged the equality of votes not so much as a security for the small States; as for the State Govts. which could not be preserved unless they were represented & had a negative in the Genl. Government. He had no objection to the members in the 2d b. voting per capita, as had been suggested by (Mr. Gerry) Mr — 〈Madison〉 concurred in the motion 〈
Also tagged as: States, Powers, Representatives, Give, Members, Majority, Duty, Vote, Subject, Case, Objections, Cases, Made, Government, Take, Ten, Legislature, Necessary, Congress, Money, According, Times, Bills, Place, Time, State, Act, Appointed, Votes, Equal, First
The Virginia Plan as amended in Committee [Resolutions] - Sixth Resolution (Working Version): Second Clause - Sherman/Wilson Proposal
Also tagged as: Divided sovereignty, General Welfare, Interests, Laws, State Government
Sherman's Amendment to Strengthen State Legislatures
Also tagged as: States, Government, Legislatures, United, Powers, Laws, Make, Cases, Union, Legislature, Journal, State, Constitution, Place, Whole
It was moved and seconded to postpone the considn of the second clause of the Sixth resolution reported from the Committee of the whole House in order to take up the following “To make laws binding on the People of the United States in all cases which may concern the common interests of the Union: but not to interfere with the government of the individual States in any matters of internal police which respect the government of such States only, and wherein the general welfare of the United St
It was moved and seconded to postpone the considn of the second clause of the Sixth resolution reported from the Committee of the whole House in order to take up the following “To make laws binding on the People of the United States in all cases which may concern the common interests of the Union: but not to interfere with the government of the individual States in any matters of internal police which respect the government of such States only, and wherein the general welfare of the United St
Also tagged as: Cases, Make, States, United, Whole, Government, Second, Union, House, Take, Laws
Mr. Governr. Morris was pointedly agst. his being so chosen. He will be the mere creature of the Legisl: if appointed & impeachable by that body. He ought to be elected by the people at large, by the freeholders of the Country. That difficulties attend this mode, he admits. But they have been found superable in N. Y. &. in Cont. and would he believed be found so, in the case of an Executive for the U. States. If the people should elect, they will never fail to prefer some man of distinguished ch
Also tagged as: Legislature, Elected, Case, States, Title, Services, Appointed, Appointment, Citizens, Executive, Chosen
Mr. Governr. Morris was pointedly agst. his being so chosen. He will be the mere creature of the Legisl: if appointed & impeachable by that body. He ought to be elected by the people at large, by the freeholders of the Country. That difficulties attend this mode, he admits. But they have been found superable in N. Y. &. in Cont. and would he believed be found so, in the case of an Executive for the U. States. If the people should elect, they will never fail to prefer some man of distinguished ch
Mr. Sherman thought that the sense of the Nation would be better expressed by the Legislature, than by the people at large. The latter will never be sufficiently informed of characters, and besides will never give a majority of votes to any one man. They will generally vote for some man in their own State, and the largest State will have the best chance for the appointment. If the choice be made by the Legislre. A majority of voices may be made necessary to constitute an election. Mr. Wilson.
Also tagged as: States, Executive, Representatives, electors, Least, Trial, Public, Present, Particular, Majority, Different, Power, Vote, Laws, Case, Objections, Made, Cases, Supreme, Respective, Happen, Appointment, Stated, Committed, Legislature, Offices, Necessary, Times, Place, Time, State, Votes, Entitled, Appointments
Mr. Govr. Morris 2ded. the motion. He expressed great pleasure in hearing it. This was the way to get a good Government. His fear that so valuable an ingredient would not be attained had led him to take the part he had done. He was indifferent how the Executive should be chosen, provided he held his place by this tenure. Mr. Broome highly approved the motion. It obviated all his difficulties. Mr. Sherman considered such a tenure as by no means safe or admissible. As the Executive Magistrat
Also tagged as: Executive, Legislature, Laws, Time, Powers, Judges, Subject, Union, Make, Made, Trial, Office, Necessary, Power, Establish, According, First, Majority, Vote, House, Take, State, Proper, Appoint, Places, Least, Legislatures, States, Entitled, Public
Docr. McClurg moved to strike out 7 years, and insert “during good behavior”. By striking out the words declaring him not re-eligible, he was put into a situation that would keep him dependent for ever on the Legislature; and he conceived the independence of the Executive to be equally essential with that of the Judiciary department. Mr. Govr. Morris 2ded. the motion. He expressed great pleasure in hearing it. This was the way to get a good Government. His fear that so valuable an ingredient
On reconsideration of the vote rendering the Executive re-eligible a 2d. time, Mr. Martin moved to reinstate the words “to be ineligible a 2d. time”. Mr. Governeur Morris. It is necessary to take into one view all that relates to the establishment of the Executive; on the due formation of which must depend the efficacy & utility of the Union among the present and future States. It has been a maxim in political Science that Republican Government is not adapted to a large extent of Country,
Also tagged as: Executive, Legislature, States, Time, Appointment, Appointed, Public, Make, electors, Power, Officers, Constitution, Office, Elected, Powers, Give, Chosen, Subject, War, Justice, Appoint, Whole, Case, State, Vote, Union, Necessary, Objections, Provide, Court, Duty, Years, Take, Money, Think, Exercise, Present
Mr. Governeur Morris. It is necessary to take into one view all that relates to the establishment of the Executive; on the due formation of which must depend the efficacy & utility of the Union among the present and future States. It has been a maxim in political Science that Republican Government is not adapted to a large extent of Country, because the energy of the Executive Magistracy can not reach the extreme parts of it. Our Country is an extensive one. We must either then renounce the bles
Also tagged as: Electoral College, Electors, Executive, Executive Appointment, Executive Branch, Executive Corruption, First Branch of National Legislature, House of Representatives, Impeachment, Legislative Appointment, Legislative Authority, Legislative Branch, Length of Term, Lifetime Appointment, Mode of Election, National Legislature, Northern States, Republican, Second Branch of National Legislature, Second Term, Senate, Separation of Powers, Slavery, Southern States, Term Limits, Union
Mr Rutlidge was opposed to all the modes except the appointmt. by the Natl. Legislature. He will be sufficiently independent, if he be not re-eligible Mr. Gerry preferred the motion of Mr. Elseworth to an appointmt. by the Natl. Legislature, or by the people; tho’ not to an appt. by the State Executives. He moved that the electors proposed by Mr. E. should be 25 in number, and allotted in the following proportion. to N. H. 1. to Mas. 3. to R. I. 1. to. Cont. 2-to N. Y. 2-N. J. 2. Pa. 3. Del.
Also tagged as: Day, electors, State, Second, Number, Legislature
Mr Rutlidge was opposed to all the modes except the appointmt. by the Natl. Legislature. He will be sufficiently independent, if he be not re-eligible. Mr. Gerry preferred the motion of Mr. Elseworth to an appointmt. by the Natl. Legislature, or by the people; tho’ not to an appt. by the State Executives.
Also tagged as: Executive Appointment, Term Limits, Term of Office
Mr. Pinkney & Mr Govr. Morris moved to strike out this part of the Resolution. Mr P. observd. he ought not to be impeachable whilst in office Mr. Davie. If he be not impeachable whilst in office, he will spare no efforts or means whatever to get himself re-elected. He considered this as an essential security for the good behaviour of the Executive. Mr Wilson concurred in the necessity of making the Executive impeachable whilst in office. Mr. Govr. Morris. He can do no criminal act witho
Also tagged as: Check on Power, Checks on Power, Corruption, Crime, Electors, Good Behavior, Impeachment, Judicial Branch, Length of Term, Lifetime Appointment, Magistracy, Military, National Executive, National Judiciary, National Legislature, National Treasury, Parties, President, Second Branch of National Legislature, Second Term, Senate, Separation of Powers, Term Limits, Tyranny, Treason, War, War Powers
Mr. Davie. If he be not impeachable whilst in office, he will spare no efforts or means whatever to get himself re-elected. He considered this as an essential security for the good behaviour of the Executive. Mr Wilson concurred in the necessity of making the Executive impeachable whilst in office. Mr. Govr. Morris. He can do no criminal act without Coadjutors who may be punished. In case he should be re-elected, that will be sufficient proof of his innocence. Besides who is to impeach? Is
Also tagged as: States, Powers, Executive, Think, Public, electors, Provided, Years, Members, Places, Service, Term, Power, Removal, Subject, Office, Case, Party, Cases, Made, Punishment, Foreign, Constitution, Appointment, Behaviour, Take, Judges, Committed, Impeachment, Legislature, Offices, Justice, Make, Crimes, Money, War, Elected, Whole, Place, Time, Act, Trust, Provide, Period, First
Mr. Wilson. This proposition had been before made, and failed; but he was so confirmed by reflection in the opinion of its utility, that he thought it incumbent on him to make another effort: The Judiciary ought to have an opportunity of remonstrating agst projected encroachments on the people as well as on themselves. It had been said that the Judges, as expositors of the Laws would have an opportunity of defending their constitutional rights. There was weight in this observation; but this powe
Also tagged as: Check on Power, Checks on Power, Corruption, Council of Revision, Executive, Executive Authority, Executive Branch, Executive Power, Interests, Judicial Authority, Judicial Branch, Laws, Legislative Authority, Mode of Representation, National Executive, National Government, National Judiciary, National Legislature, Negative, Paper Money, Parliament, Separation of Powers, The People, The States, Veto
Mr. Wilson moved as an amendment to Resoln: 10. that the 〈supreme〉 Natl Judiciary should be associated with the Executive in the Revisionary power”. This proposition had been before made, and failed; but he was so confirmed by reflection in the opinion of its utility, that he thought it incumbent on him to make another effort: The Judiciary ought to have an opportunity of remonstrating agst projected encroachments on the people as well as on themselves. It had been said that the Judges, as expos
Also tagged as: States, Powers, Executive, Proper, Public, Think, Least, Give, Law, Members, Power, Laws, Case, Objections, Made, Cases, Use, Constitution, Judges, Legislature, Necessary, Acts, According, War, Bills, question, Act, Union, Persons
Mr. Madison stated as his reasons for the motion. 1 that it secured the responsibility of the Executive who would in general be more capable & likely to select fit characters than the Legislature, or even the 2d. b. of it, who might hide their selfish motives under the number concerned in the appointment- 2 that in case of any flagrant partiality or error, in the nomination, it might be fairly presumed that ⅔ of the 2d. branch would join in putting a negative on it. 3. that as the 2d. b. was ver
Also tagged as: Executive, States, Appointment, Senate, Judges, Appointments, Legislature, Give, Case, Appointed, Majority, Congress, Constitution, Necessary, Number, Power, Concurrence, Subject, Vote, Union, Votes, Objections, Take, Think, Made, Proper, Legislatures, First, Equal, Cases, Proceedings, Given, Vested, Title, Authority, Imposts
The motion made by Mr. Madison July 18. & then postponed, “that the Judges shd. be nominated by the Executive & such nominations become appointments unless disagreed to by two-thirds of the 2d. branch of the Legislature,” was now resumed. Mr. Madison stated as his reasons for the motion. 1 that it secured the responsibility of the Executive who would in general be more capable & likely to select fit characters than the Legislature, or even the 2d. b. of it, who might hide their selfish motive
Also tagged as: Executive Authority, Executive Branch, Judicial Branch, Massachusetts, Mode of Appointment, Mode of Representation, National Executive, National Judiciary, National Legislature, Negative, Northern States, Representation, Second Branch of National Legislature, Senate, Separation of Powers, Southern States, State Legislature, State Legislatures, Supreme Court, The People, The States, Veto
The Virginia Plan as amended in Committee [Resolutions] - Nineteenth Resolution
Also tagged as: Articles of Confederation, Constitutional Convention, Ratification, State Legislature, The People
The Virginia Plan as amended in Committee [Resolutions] - Nineteenth Resolution: Elsworth's Amendment
Also tagged as: Ratification, State Legislatures, The People
Col. Mason considered a reference of the plan to the authority of the people as one of the most important and essential of the Resolutions. The Legislatures have no power to ratify it. They are the mere creatures of the State Constitutions, and cannot be greater than their creators. And he knew of no power in any of the Constitutions, he knew there was no power in some of them, that could be competent to this object. Whither then must we resort? To the people with whom all power remains that has
Also tagged as: Amendment, Articles of Confederation, Confederation, Constitutional Convention, Debt, Demagogue, Eastern States, Legislative Authority, National Government, National Supremacy, Ratification, State Constitutions, State Legislature, State Legislatures, The People, Union
Nineteenth Resolution
Also tagged as: Chosen, New, Constitution
It was moved and seconded to strike the following words out of the 19th resolution reported from the Committee of the whole House namely “to an Assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the people to consider and decide thereon” which passed in the negative. [Ayes — 3; noes — 7.] Editors' note: Madison, again, pinpoints the purpose of the amendment, calling it "Mr Elseworth’s motion to refer the plan to the Legislatures
Ellsworth's Amendment for State Ratification
Also tagged as: States, Whole, Representatives, State, Chosen, Legislatures, House, Journal, Several
The Virginia Plan as amended in Committee [Resolutions] - Nineteenth Resolution: Morris for a Ratifying Convention
Also tagged as: Amendment, Constitutional Convention, Ratification, The People
Col. Mason considered a reference of the plan to the authority of the people as one of the most important and essential of the Resolutions. The Legislatures have no power to ratify it. They are the mere creatures of the State Constitutions, and cannot be greater than their creators. And he knew of no power in any of the Constitutions, he knew there was no power in some of them, that could be competent to this object. Whither then must we resort? To the people with whom all power remains that has
Also tagged as: States, Authority, Powers, Regulation, Public, Equal, Present, Particular, Law, Concurrence, Members, Majority, Power, Subject, Case, Objections, Made, Supreme, Constitution, Thing, Government, Judges, Take, Number, Legislature, Given, Necessary, Make, Acts, Elected, State, Act, Consent, Union, Chosen, Legislatures, New
Mr. Govr. Morris moved that the reference of the plan be made to one general Convention, chosen & authorized by the people to consider, amend, & establish the same. — Not seconded. Editors' note: Since Morris was not seconded, it may therefore be assumed that the proposal was immediately dropped.
It was moved and seconded to strike the following words out of the 19th resolution reported from the Committee of the whole House namely “to an Assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the people to consider and decide thereon” which passed in the negative. [Ayes — 3; noes — 7.]
Also tagged as: Whole, Representatives, Chosen, Legislatures, House, Several
On the question to agree to the 19th resolution as reported from the Committee of the whole House, namely "Resolved that the amendments which shall be offered to the confederation by the Convention ought at a proper time or times after the approbation of Congress to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the People to consider and decide thereon" it passed in the affirmative [Ayes — 9; noes — 1.]
Morris's Amendment for a Ratifying Convention
Also tagged as: Made, Chosen, Establish
Mr. Govr. Morris moved that the reference of the plan be made to one general Convention, chosen & authorized by the people to consider, amend, & establish the same. — Not seconded.
Also tagged as: Made, Chosen, Establish
On the question to agree to the 19th resolution as reported from the Committee of the whole House, namely Resolved that the amendments which shall be offered to the confederation by the Convention ought at a proper time or times after the approbation of Congress to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the People to consider and decide thereon it passed in the affirmative [Ayes — 9; noes — 1.]
Also tagged as: Congress, Legislatures, House, Time, Times, question, Amendments, Chosen, Several, Proper, Whole, Representatives
Mr Gerry. this is committing too much to chance. If the lot should fall on a sett of unworthy men, an unworthy Executive must be saddled on the Country. He thought it had been demonstrated that no possible mode of electing by the Legislature could be a good one. Mr. King — The lot might fall on a majority from the same State which wd. ensure the election of a man from that State. We ought to be governed by reason, not by chance. As no body seemed to be satisfied, he wished the matter to be po
Also tagged as: State, Majority, electors, Legislature, Executive
Mr Gerry. This is committing too much to chance. If the lot should fall on a sett of unworthy men, an unworthy Executive must be saddled on the Country. He thought it had been demonstrated that no possible mode of electing by the Legislature could be a good one. Mr. King — The lot might fall on a majority from the same State which wd. ensure the election of a man from that State. We ought to be governed by reason, not by chance. As no body seemed to be satisfied, he wished the matter to be po
Mr. Elseworth. By this means a deserving Magistrate may be reelected without making him dependent on the Legislature. Mr. Gerry repeated his remark that an election at all by the Natl. Legislature was radically and incurably wrong; and moved that the Executive be appointed by the Governours & Presidents of the States, with advice of their Councils, and when there are no Councils by Electors chosen by the Legislatures. The executives to vote in the following proportions: viz -- Mr. Madison.
Also tagged as: Electoral College, Electors, Large State, Legislative Appointment, Magistracy, Mode of Election, National Executive, National Judiciary, National Legislature, Separation of Powers, State Constitutions, State Executive, State Legislature
Mr. 〈Madison.〉 There are objections agst. every mode that has been, or perhaps can be proposed. The election must be made either by some existing authority under the Natil. or State Constitutions — or by some special authority derived from the people — or by the people themselves. — The two Existing authorities under the Natl. Constitution wd be the Legislative & Judiciary. The latter he presumed was out of the question. The former was in his Judgment liable to insuperable objections. Besides th
Also tagged as: States, Appointment, Executive, State, Objections, Legislature, Powers, Legislatures, Foreign, Make, Different, Majority, electors, Chosen, Laws, Time, Public, Ministers, Authority, Lay, Place, Equal, Use, Give, Take, Respective, Made, Proper, Citizens, Times, Act, Promote, Second, Person, Power
Mr. Pinkney thought this would have all the advantage & at the same time avoid in some degree the inconveniency, of an absolute ineligibility a 2d. time. Col. Mason approved the idea. It had the sanction of experience in the instance of Congs. and some of the Executives of the States. It rendered the Executive as effectually independent, as an ineligibility after his first election, and opened the way at the same time for the advantage of his future services. He preferred on the whole the ele
Also tagged as: Electoral College, Electors, Eligibility for Office, Equal Representation, Impeachment, Legislative Appointment, National Executive, National Legislature, Second Term, Separation of Powers, State Executive, Suffrage, Term Limits
Mr. Pinkney moved that the election by the Legislature be qualified with a proviso that no person be eligible for more than 6 years in any twelve years. He thought this would have all the advantage & at the same time avoid in some degree the inconveniency, of an absolute ineligibility a 2d. time. Col. Mason approved the idea. It had the sanction of experience in the instance of Congs. and some of the Executives of the States. It rendered the Executive as effectually independent, as an ineligi
Also tagged as: Legislature, States, Case, State, Executive, Second, First, Vote, Objections, Years, Made, Office, Time, Power, Lay, Citizens, Chosen, Foreign, Period, Legislatures, electors, Place, Services, Votes, House, Give, Take, Make, Union, Least, Elected, Different, Appointed, Given, Act
Col. Mason. In every Stage of the Question relative to the Executive, the difficulty of the subject and the diversity of the opinions concerning it have appeared. Nor have any of the modes of constituting that department been satisfactory. 1. It has been proposed that the election should be made by the people at large; that is that an act which ought to be performed by those who know most of Eminent characters, & qualifications, should be performed by those who know least. 2 that the election sh
Also tagged as: Electoral College, Electors, Excess of Democracy, Executive, Executive Appointment, Executive Branch, Legislative Appointment, Length of Term, National Executive, National Legislature, State Executive, State Legislature, State Legislatures, Term Limits, Term of Office
Col. Mason. In every Stage of the Question relative to the Executive, the difficulty of the subject and the diversity of the opinions concerning it have appeared. Nor have any of the modes of constituting that department been satisfactory. 1. It has been proposed that the election should be made by the people at large; that is that an act which ought to be performed by those who know most of Eminent characters, & qualifications, should be performed by those who know least. 2 that the election sh
Also tagged as: States, Executive, electors, Least, Years, Members, Officers, Second, Subject, Vote, Objections, Made, Become, Constitution, Appointment, Legislature, Whole, Time, question, State, Act, Chosen, Appointed, Legislatures, Promote, Several, First
Mr. Govr. Morris was now agst. the whole paragraph. In answer to Col. Mason’s position that a periodical return of the great officers of the State into the mass of the people, was the palladium of Civil liberty he wd. observe that on the same principle the Judiciary ought to be periodically degraded; certain it was that the Legislature ought on every principle-yet no one had proposed. or conceived that the members of it should not be re-eligible. In answer to Docr. Franklin, that a return into t
Also tagged as: Civil liberty, Executive, Judicial Branch, National Judiciary, National Legislature, Term Limits
Mr. Govr. Morris was now agst. the whole paragraph. In answer to Col. Mason’s position that a periodical return of the great officers of the State into the mass of the people, was the palladium of Civil liberty he wd. observe that on the same principle the Judiciary ought to be periodically degraded; certain it was that the Legislature ought on every principle-yet no one had proposed. or conceived that the members of it should not be re-eligible. In answer to Docr. Franklin, that a return into t
Also tagged as: Members, Executive, Whole, Officers, State, Office, Legislature
Mr. Madison moved to strike out the word "landed", before the word, “qualifications”. If the proposition sd. be agreed to he wished the Committee to be at liberty to report the best criterion they could devise. Landed possessions were no certain evidence of real wealth. Many enjoyed them to a great extent who were more in debt than they were worth. The unjust laws of the States had proceeded more from this class of men, than any others. It had often happened that men who had acquired landed prop
Also tagged as: Debt, Electors, Land owning, National Legislature
Mr. 〈Madison〉 moved to strike out the word landed, before the word, “qualifications”. If the proposition sd. be agreed to he wished the Committee to be at liberty to report the best criterion they could devise. Landed possessions were no certain evidence of real wealth. Many enjoyed them to a great extent who were more in debt than they were worth. The unjust laws of the States had proceeded more from this class of men, than any others. It had often happened that men who had acquired landed prop
Also tagged as: Class, Citizens, Different, Public, Proper, Land, Representatives, States, Uniform, Elected, Legislatures, Case, Made, electors, First, Laws, Credit, Place
Carroll's Amendment to Remove Unsettled Public Accounts Disqualification
Also tagged as: Public
Mr. Carrol moved to strike out “having unsettled accounts” Mr. Ghorum seconded the motion; observing that it would put the commercial & manufacturing part of the people on a worse footing than others as they would be most likely to have dealings with the public. Mr. L- Martin. if these words should be struck out, and the remaining words concerning debtors retained, it will be the interest of the latter class to keep their accounts unsettled as long as possible. Mr. Wilson was for striki
Also tagged as: Debt, National Legislature
Mr. L- Martin. if these words should be struck out, and the remaining words concerning debtors retained, it will be the interest of the latter class to keep their accounts unsettled as long as possible. Mr. Wilson was for striking them out. They put too much power in the hands of the Auditors, who might combine with rivals in delaying settlements in order to prolong the disqualifications of particular men. We should consider that we are providing a Constitution for future generations, and not
Also tagged as: Cases, Given, Day, Constitution, Whole, Public, Power, Time, Class, Particular, Legislature, Enumeration
Mr. Elseworth was for disagreeing to the remainder of the clause disqualifying public debtors; and for leaving to the wisdom of the Legislature and the virtue of the Citizens, the task of providing agst. such evils. Is the smallest as well largest debtor to be excluded? Then every arrear of taxes will disqualify. Besides how is it to be known to the people when they elect who are or are not public debtors. The exclusion of pensioners & placemen in Engd is founded on a consideration not existing
Also tagged as: Debt, National Legislature, Property, Taxation, Western States
Mr. Elseworth was for disagreeing to the remainder of the clause disqualifying public debtors; and for leaving to the wisdom of the Legislature and the virtue of the Citizens, the task of providing agst. such evils. Is the smallest as well largest debtor to be excluded? Then every arrear of taxes will disqualify. Besides how is it to be known to the people when they elect who are or are not public debtors. The exclusion of pensioners & placemen in Engd is founded on a consideration not existing
Also tagged as: Public, Persons, Citizens, Legislature, First
Report of the Committee of Detail [Resolutions] - Preamble
Also tagged as: Preamble, We the People
Mr. Williamson was opposed to it. Mr. Wilson. This part of the Report was well considered by the Committee, and he did not think it could be changed for the better. It was difficult to form any uniform rule of qualifications for all the States. Unnecessary innovations he thought too should be avoided. It would be very hard & disagreeable for the same persons, at the same time, to vote for representatives in the State Legislature and to be excluded from a vote for those in the Natl. Legislatur
Also tagged as: Aristocracy, British Model, Holland, Liberty, National Legislature, Parliament, Qualifications for Office, State Government, State Legislature, Suffrage, Taxation
Mr. Williamson was opposed to it. Mr. Wilson. This part of the Report was well considered by the Committee, and he did not think it could be changed for the better. It was difficult to form any uniform rule of qualifications for all the States. Unnecessary innovations he thought too should be avoided. It would be very hard & disagreeable for the same persons, at the same time, to vote for representatives in the State Legislature and to be excluded from a vote for those in the Natl. Legislatur
Also tagged as: States, Proper, Think, Public, electors, Representatives, Present, Give, Different, Power, Fill, Vote, Subject, Representative, Case, Objections, Made, Become, Constitution, Thing, Judges, Legislature, Citizens, Make, Money, War, Elected, Time, State, Chosen, Votes, Equal, Persons, Several
Art: IV. Sect. 1. — Mr. Mercer expressed his dislike of the whole plan, and his opinion that it never could succeed. Mr. Ghorum. He had never seen any inconveniency from allowing such as were not freeholders to vote, though it had long been tried. The elections in Phila. N. York & Boston where the Merchants, & Mechanics vote are at least as good as those made by freeholders only. The case in England was not accurately stated yesterday by Mr. Madison. The Cities & large towns are not the seat
Also tagged as: Electors, First Branch of National Legislature, House of Representatives, Legislative Appointment, National Legislature, State Legislatures, Suffrage, The People, Mode of Election
Art: IV. Sect. 1. — Mr. Mercer expressed his dislike of the whole plan, and his opinion that it never could succeed. Mr. Ghorum. He had never seen any inconveniency from allowing such as were not freeholders to vote, though it had long been tried. The elections in Phila. N. York & Boston where the Merchants, & Mechanics vote are at least as good as those made by freeholders only. The case in England was not accurately stated yesterday (by Mr. Madison) The Cities & large towns are not the seat
Also tagged as: Vote, Legislatures, Case, Least, Concurrence, State, Make, Number, Stated, Sect, Whole, Made
Mr. Sherman moved to strike out the word “resident” and insert “inhabitant,” as less liable to misconstruction. Mr Madison 2ded. the motion. both were vague, but the latter least so in common acceptation, and would not exclude persons absent occasionally for a considerable time on public or private business. Great disputes had been raised in Virga. concerning the meaning of residence as a qualification of Representatives which were determined more according to the affection or dislike to the
Also tagged as: Citizenship, Eligibility for Office, First Branch of National Legislature, House of Representatives, Qualifications for Office
Mr. Read reminded him that we were now forming a Natil Govt and such a regulation would correspond little with the idea that we were one people. Mr. Wilson — enforced the same consideration. Mr. Madison suggested the case of new States in the West, which could have perhaps no representation on that plan. Mr. Mercer. Such a regulation would present a greater alienship among the States than existed under the old federal system. It would interweave local prejudices & State distinctions in
Also tagged as: Articles of Confederation, Citizenship, Eligibility for Office, First Branch of National Legislature, House of Representatives, National Government, New States, Qualifications for Office, Residency, The People, Western States
Mr. Sherman moved to strike out the word “resident” and insert “inhabitant,” as less liable to misconstruction. Mr M〈adison〉 2ded. the motion. both were vague, but the latter least so in common acceptation, and would not exclude persons absent occasionally for a considerable time on public or private business. Great disputes had been raised in Virga. concerning the meaning of residence as a qualification of Representatives which were determined more according to the affection or dislike to th
Also tagged as: Public, Time, Inhabitant, Majority, According, Least, Regulation, States, Necessary, Representatives, Persons
Mr. Read reminded him that we were now forming a Natil Govt and such a regulation would correspond little with the idea that we were one people. Mr. Wilson — enforced the same consideration. Mr. 〈Madison〉 suggested the case of new States in the West, which could have perhaps no representation on that plan. Mr. Mercer. Such a regulation would present a greater alienship among the States than existed under the old federal system. It would interweave local prejudices & State distinctions i
Also tagged as: Term, Regulation, States, Years, Case, Present, New, State, Proper, Constitution
Mr. King wished to know what influence the vote just passed was meant have on the succeeding part of the Report, concerning the admission of slaves into the rule of Representation. He could not reconcile his mind to the article if it was to prevent objections to the latter part. The admission of slaves was a most grating circumstance to his mind, & he believed would be so to a great part of the people of America. He had not made a strenuous opposition to it heretofore because he had hoped that t
Also tagged as: Amendment, Equitable Ratio of Representation, First Branch of National Legislature, General Government, House of Representatives, National Legislature, New States, Northern States, Proportional Representation, Slavery, Taxation
Mr. King wished to know what influence the vote just passed was meant have on the succeeding part of the Report, concerning the admission of slaves into the rule of Representation. He could not reconcile his mind to the article if it was to prevent objections to the latter part. The admission of slaves was a most grating circumstance to his mind, & he believed would be so to a great part of the people of America. He had not made a strenuous opposition to it heretofore because he had hoped that t
Also tagged as: Exports, Legislature, States, Made, Place, Union, Time, Foreign, Years, Vote, Number, Compensation, Objections, Revenue, Think, Bound, Least, Present, Make, Representatives, Subject, Constitution
Mr Govr. Morris moved to insert “free” before the word “inhabitants.” Much he said would depend on this point. He never would concur in upholding domestic slavery. It was a nefarious institution — It was the curse of heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich & noble cultivation marks the prosperity & happiness of the people, with the misery & poverty which overspread the barren wastes of Va. Maryd. & the other States having slaves. Trave
Also tagged as: Aristocracy, Eastern States, Equal Representation, Equality, Equitable Ratio of Representation, Free Inhabitants, Georgia, Legislative Branch, Maryland, Middle States, Mode of Representation, New Jersey, New York, North Carolina, Northern States, Pennsylvania, Property, Representation, Slavery, South Carolina, Southern States, Taxation, Virginia, Western States, Africa, Suffrage
Mr Govr. Morris moved to insert “free” before the word “inhabitants.” Much he said would depend on this point. He never would concur in upholding domestic slavery. It was a nefarious institution — It was the curse of heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich & noble cultivation marks the prosperity & happiness of the people, with the misery & poverty which overspread the barren wastes of Va. Maryd. & the other States having slaves. 〈Trav
Also tagged as: States, Public, Enter, Service, Exports, Compensation, Subject, Vote, Laws, Objections, Made, Become, Tax, Foreign, Constitution, Take, Legislature, Citizens, Make, According, Whole, Time, Militia, Votes, Imports
Report of the Committee of Detail [Resolutions] - Article IV: Section 6
Also tagged as: Age, Citizenship, Congress, Delaware, Electors, First Branch of National Legislature, Georgia, House of Representatives, Impeachment, Massachusetts, Mode of Election, Mode of Representation, National Legislature, New Jersey, New York, Pennsylvania, Preamble, Proportional Representation, Representation, Representatives, Second Branch of National Legislature, Senate, Supreme Executive, Supreme Judiciary, Supreme Legislative, Taxation, The People, The States, Union, Virginia, We the People, Connecticut, Maryland, New Hampshire, North Carolina, Rhode Island, South Carolina, United States
Mr. Wilson objected to vacancies in the Senate being supplied by the Executives of the States. It was unnecessary as the Legislatures will meet so frequently. It removes the appointment too far from the people; the Executives in most of the States being elected by the Legislatures. As he had always thought the appointment of the Executives by the Legislative department wrong: so it was still more so that the Executive should elect into the Legislative department. Mr. Randolph though it necess
Also tagged as: Vacancies, Legislatures, States, Senate, Appointment, Necessary, Executive, Power, Meeting, Elected, Number, Senators, Consequence, State, House, Members, Consist
Mr. Wilson objected to vacancies in the Senate being supplied by the Executives of the States. It was unnecessary as the Legislatures will meet so frequently. It removes the appointment too far from the people; the Executives in most of the States being elected by the Legislatures. As he had always thought the appointment of the Executives by the Legislative department wrong: so it was still more so that the Executive should elect into the Legislative department. Mr. Randolph though it necess
Mr. Randolph called for a division of the Section, so as to leave a distinct question on the last words, “each member shall have one vote”. He wished this last sentence to be postponed until the reconsideration should have taken place on sect. 5. Art. IV. concerning money bills. If that section should not be reinstated his plan would be to vary the representation in the Senate. Mr. Strong concurred in Mr. Randolphs ideas on this point. Mr. Read did not consider the section as to money bill
Mr. Randolph called for a division of the Section, so as to leave a distinct question on the last words, “each 〈member〉shall have one vote”. He wished this last sentence to be postponed until the reconsideration should have taken place on sect. 5. Art. IV. concerning money bills. If that section should not be reinstated his plan would be to vary the representation in the Senate. Mr. Strong concurred in Mr. Randolphs ideas on this point Mr. Read did not consider the section as to money bill
Also tagged as: Money, Bills, States, Senate, Votes, House, Legislature, Powers, Time, question, Houses, State, Representatives, Sect, Vote, Place
Mr. Elseworth. was opposed to the motion as discouraging meritorious aliens from emigrating to this Country. Mr. Pinkney. As the Senate is to have the power of making treaties & managing our foreign affairs, there is peculiar danger and impropriety in opening its door to those who have foreign attachments. He quoted the jealousy of the Athenians on this subject who made it death for any stranger to intrude his voice into their legislative proceedings. Col. Mason highly approved of the poli
Mr. Elseworth. was opposed to the motion as discouraging meritorious aliens from emigrating to this Country. Mr. Pinkney. As the Senate is to have the power of making treaties & managing our foreign affairs, there is peculiar danger and impropriety in opening its door to those who have foreign attachments. He quoted the jealousy of the Athenians on this subject who made it death for any stranger to intrude his voice into their legislative proceedings. Col. Mason highly approved of the poli
Also tagged as: Houses, Powers, Regulation, Public, Least, Proceedings, Give, Years, Holding, Laid, Different, Power, Removal, Subject, Choose, Case, Made, Use, Constitution, Foreign, Thing, Appointment, Number, Senate, Citizens, Offices, Make, Congress, War, Whole, Time, Place, State, Class, Appointed, Trust, Legislatures, Equal, Persons, Appointments
Dr. Franklin reminded the Convention that it did not follow from an omission to insert the restriction in the Constitution that the persons in question wd. be actually chosen into the Legislature. Mr. Rutlidge. 7 years of Citizenship have been required for the House of Representatives. Surely a longer time is requisite for the Senate, which will have more power. Mr. Williamson. It is more necessary to guard the Senate in this case than the other House. Bribery & Cabal can be more easily pr
Dr. Franklin reminded the Convention that it did not follow from an omission to insert the restriction in the Constitution that the persons in question wd. be actually chosen into the Legislature. Mr. Rutlidge. 7 years of Citizenship have been required for the House of Representatives. Surely a longer time is requisite for the Senate, which will have more power. Mr. Williamson. It is more necessary to guard the Senate in this case than the other House. Bribery & Cabal can be more easily pr
Also tagged as: House, Years, Senate, Representatives, Chosen, Legislatures, Time, Case, Period, Legislature, Necessary, Vote, question, Persons, Made, Constitution, Power
Mr Ghorum. It would be as improper take this power from the Natl. Legislature, as to Restrain the British Parliament from regulating the circumstances of elections, leaving this business to the Counties themselves — Mr Madison. The necessity of a Genl. Govt. supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. The policy of referring the appointment of the House of Representatives to the peop
Mr Ghorum. It would be as improper take this power from the Natl. Legislature, as to Restrain the British Parliament from regulating the circumstances of elections, leaving this business to the Counties themselves — Mr 〈Madison〉. The necessity of a Genl. Govt. supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. The policy of referring the appointment of the House of Representatives to the pe
Also tagged as: Legislatures, State, Power, Representatives, Legislature, States, Vote, Place, Authority, Give, Take, Make, Elected, Number, House, Appointment, Made, Consist, Appointments, Places, Particular, Case, electors, question, Chosen, Times, Senate, Given, New, Members, Holding, Regulations
Mr. Pinkney — The Committee as he had conceived were instructed to report the proper qualifications of property for the members of the Natl. Legislature; instead of which they have referred the task to the Natl. Legislature itself. Should it be left on this footing, the first Legislature will meet without any particular qualifications of property; and if it should happen to consist of rich men they might fix such such qualifications as may be too favorable to the rich; if of poor men, an opposit
Also tagged as: Aristocracy, Eastern States, First Branch of National Legislature, House of Representatives, National Executive, National Judiciary, National Legislature, Northern States, Propertied, Property, Qualifications for Office, Second Branch of National Legislature, Senate, Southern States
Mr. Pinkney — The Committee as he had conceived were instructed to report the proper qualifications of property for the members of the Natl. Legislature; instead of which they have referred the task to the Natl. Legislature itself. Should it be left on this footing, the first Legislature will meet without any particular qualifications of property; and if it should happen to consist of rich men they might fix such such qualifications as may be too favorable to the rich; if of poor men, an opposit
Also tagged as: Legislature, President, Judges, Members, States, Executive, Powers, First, Think, Happen, Make, Consist, Case, Particular, State, Constitution
Mr Madison was opposed to the Section as vesting an improper & dangerous power in the Legislature. The qualifications of electors and elected were fundamental articles in a Republican Govt. and ought to be fixed by the Constitution. If the Legislature could regulate those of either, it can by degrees subvert the Constitution. A Republic may be converted into an aristocracy or oligarchy as well by limiting the number capable of being elected, as the number authorised to elect. In all cases where
Also tagged as: Aristocracy, Electors, Legislative Power, National Legislature, Oligarchy, Qualifications for Office, Republican
Mr. Elseworth. The different circumstances of different parts of the U. S. and the probable difference between the present and future circumstances of the whole, render it improper to have either uniform or fixed qualifications. Make them so high as to be useful in the S. States, and they will be inapplicable to the E. States. Suit them to the latter, and they will serve no purpose in the former. In like manner what may be accommodated to the existing State of things among us, may be very inconv
Also tagged as: Make, States, Different, Constitution, Thing, Whole, State, Present, Uniform
Mr 〈Madison〉 was opposed to the Section as vesting an improper & dangerous power in the Legislature. The qualifications of electors and elected were fundamental articles in a Republican Govt. and ought to be fixed by the Constitution. If the Legislature could regulate those of either, it can by degrees subvert the Constitution. A Republic may be converted into an aristocracy or oligarchy as well by limiting the number capable of being elected, as the number authorised to elect. In all cases wher
Also tagged as: Power, Elected, electors, Legislature, Number, Constitution, Cases, Representatives, Made
Mr. Elseworth was opposed to it. It would be a pleasing ground of confidence to the people that no law or burden could be imposed on them, by a few men. He reminded the movers that the Constitution proposed to give such a discretion with regard to the number of Representatives that a very inconvenient number was not to be apprehended. The inconveniency of secessions may be guarded agst by giving to each House an authority to require the attendance of absent members. Mr. Wilson concurred in th
Mr. Elseworth was opposed to it. It would be a pleasing ground of confidence to the people that no law or burden could be imposed on them, by a few men. He reminded the movers that the Constitution proposed to give such a discretion with regard to the number of Representatives that a very inconvenient number was not to be apprehended. The inconveniency of secessions may be guarded agst by giving to each House an authority to require the attendance of absent members. Mr. Wilson concurred in th
Also tagged as: Number, Legislature, House, States, Concurrence, Necessary, Members, Authority, Representatives, Give, Majority, Law, Senate, Think, Require, President, Constitution
Mr. Sherman had rather strike out the yeas & nays altogether. they never have done any good, and have done much mischief. They are not proper as the reasons governing the voter never appear along with them. Mr Elseworth was of the same opinion Col. Mason liked the Section as it stood. it was a middle way between two extremes. Mr Ghorum was opposed to the motion for allowing a single member to call the yeas & nays, and recited the abuses of it, in Massts. 1 in stuffing the journals with
Mr. Sherman had rather strike out the yeas & nays altogether. they never have done any good, and have done much mischief. They are not proper as the reasons governing the voter never appear along with them. Mr Elseworth was of the same opinion Col. Mason liked the Section as it stood. it was a middle way between two extremes. Mr Ghorum was opposed to the motion for allowing a single member to call the yeas & nays, and recited the abuses of it, in Massts. 1 in stuffing the journals with
Also tagged as: Proper, Votes, Member
Mr. Elseworth. As the clause is objectionable in so many shapes, it may as well be struck out altogether. The Legislature will not fail to publish their proceedings from time to time — The people will call for it if it should be improperly omitted. Mr. Wilson thought the expunging of the clause would be very improper. The people have a right to know what their Agents are doing or have done, and it should not be in the option of the Legislature to conceal their proceedings. Besides as this is
Also tagged as: Articles of Confederation, National Legislature, Official Records, Ratification, Secrecy, The People, National Security
Mr. Elseworth. As the clause is objectionable in so many shapes, it may as well be struck out altogether.7 The Legislature will not fail to publish their proceedings from time to time — The 〈people〉 will call for it if it should be improperly omitted. Mr. Wilson thought the expunging of the clause would be very improper. The people have a right to know what their Agents are doing or have done, and it should not be in the option of the Legislature to conceal their proceedings. Besides as this
Also tagged as: Legislature, Proceedings, Time, Give, Make, Case
Mr. Randolph moved according to notice to reconsider Art: IV: Sect. 5. concerning money-bills which had been struck out. He argued 1. that he had not wished for this privilege whilst a proportional Representation in the Senate was in contemplation. but since an equality had been fixed in that house, the large States would require this compensation at least. 2. that it would make the plan more acceptable to the people, because they will consider the Senate as the more aristocratic body, and will
Also tagged as: Aristocracy, Equal Representation, First Branch of National Legislature, House of Representatives, Large State, Money Bills, Power of the Purse, Proportional Representation, Revenue, Second Branch of National Legislature, Senate, Small State, Taxation
Mr. Randolph moved according to notice to reconsider Art: IV: Sect. 5. concerning money-bills which had been struck out. He argued 1. that he had not wished for this privilege whilst a proportional Representation in the Senate was in contemplation. but since an equality had been fixed in that house, the large States would require this compensation at least. 2. that it would make the plan more acceptable to the people, because they will consider the Senate as the more aristocratic body, and will
Also tagged as: Senate, According, States, House, question, Compensation, Give, Bills, Provided, Least, Make, Several, Entitled, Revenue, Happen, Consent, Propose, Sect, Require, Money, Time
Col. Hamilton was in general agst. embarrassing the Govt. with minute restrictions. There was on one side the possible danger that had been suggested — on the other side, the advantage of encouraging foreigners was obvious & admitted. Persons in Europe of moderate fortunes will be fond of coming here where they will be on a level with the first Citizens. He moved that the section be so altered as to require merely Citizenship & inhabitancy. The right of determining the rule of naturalization wil
Also tagged as: Foreign Affairs, House of Representatives, Legislative Branch, National Legislature, Qualifications for Office, Wealth
Col. Hamilton was in general agst. embarrassing the Govt. with minute restrictions. There was on one side the possible danger that had been suggested — on the other side, the advantage of encouraging foreigners was obvious & admitted. Persons in Europe of moderate fortunes will be fond of coming here where they will be on a level with the first Citizens. He moved that the section be so altered as to require merely Citizenship & inhabitancy. The right of determining the rule of naturalization wil
Also tagged as: Elected, Foreign, Made, Public, Appointments, Legislature, Subject, Powers, Officers, Persons, Citizens, electors, Case, Least, Happen, Require
Mr. Mercer. It was necessary he said to prevent a disfranchisement of persons who had become Citizens under the faith & according to — the laws & Constitution from being on a level in all respects with natives. Mr. Rutlidge. It might as well be said that all qualifications are disfranchisemts. and that to require the age of 25 years was a disfranchisement. The policy of the precaution was as great with regard to foreigners now Citizens; as to those who are to be naturalized in future. Mr S
Also tagged as: Age, Citizenship, Debt, Foreign Affairs, House of Representatives, Legislative Branch, National Legislature, Qualifications for Office, Treaties, Wealth
Mr. Mercer 2ded. the motion. It was necessary he said to prevent a disfranchisement of persons who had become Citizens under the faith 〈& according to〉 — the laws & Constitution 〈from〉 being on a level in all respects with natives. Mr. Rutlidge. It might as well be said that all qualifications are disfranchisemts. and that to require the age of 25 years was a disfranchisement. The policy of the precaution was as great with regard to foreigners now Citizens; as to those who are to be naturaliz
Also tagged as: Citizens, States, Constitution, Years, Age, Different, Persons, New, Equal, Necessary, Bound, State, Given, Laws, Foreign, Class, Become, Case, According, First, Enter, Thing, Make, Made, Regulation, Debts, Law, Act, Require, Public, Proceedings, Members, Place, Appoint, Treaties, Provided
Mr. Randolph would not repeat his reasons, but barely remind the members from the smaller States of the compromise by which the larger States were entitled to this privilege. Col. Mason. This amendment removes all the objections urged agst. the section as it stood at first. By specifying purposes of revenue, it obviated the objection that the Section extended to all bills under which money might incidentally arise. By authorizing amendments in the Senate it got rid of the objections that the
Also tagged as: British Constitution, British Model, Commerce, Executive, General Government, House of Commons, House of Lords, House of Representatives, Large State, Legislative Branch, Legislative Power, Money Bills, National Government, National Legislature, National Treasury, Negative, Parliament, Qualifications for Office, Representation, Republic, Republican, Revenue, Senate, Small State, Taxation, War
Mr. Randolph moved that the clause be altered so as to read — “Bills for raising money for the purpose of revenue 〈or for appropriating the same shall originate in the House of Representatives〉 and shall not be 〈so〉 amended or altered by the Senate as to increase or diminish the sum to be raised, or change the mode of levying it, or the object of its appropriation.” — He would not repeat his reasons, but barely remind the members from the smaller States of the compromise by which the larger Stat
Also tagged as: Houses, States, Proper, Executive, Representatives, Trial, Least, Present, Particular, Years, Law, Entitled, Majority, Different, Compensation, Regulations, Power, Consequence, Subject, House, Vested, Amendments, Case, Objections, Cases, Tax, Constitution, Foreign, Thing, Government, Senate, Necessary, Make, Revenue, Money, Bill, War, Elected, Bills, Time, question, Chosen, Votes, New, First
Pinckney's Amendment to Lessen Public Office Ineligibility
Also tagged as: Office, Public, Legislature, Members, Journal, Offices, Ministers, Become, First, House, Receive, Take, Senate, Holding
Mr. Pinkney argued that the making the members ineligible to offices was degrading to them, and the more improper as their election into the Legislature implied that they had the confidence of the people; that it was inconvenient, because the Senate might be supposed to contain the fittest men. He hoped to see that body become a School of Public Ministers, a nursery of Statesmen: that it was impolitic, because the Legislature would cease to be a magnet to the first talents and abilities. ...
Also tagged as: Aristocracy, Compensation, Corruption, Electors, Eligibility for Office, Equal Representation, Executive, House of Lords, Legislative Appointment, Length of Term, Merit, Military, Money Bills, National Legislature, Power of War, Property, Proportional Representation, Qualifications for Office, Ratification, Second Branch of National Legislature, Senate, State Constitutions, State Executive, The People, Tyranny
Col. Mason ironically proposed to strike out the whole section, as a more effectual expedient for encouraging that exotic corruption which might not otherwise thrive so well in the American Soil — for compleating that Aristocracy which was probably in the contemplation of some among us. and for inviting into the Legislative service, those generous & benevolent characters who will do justice to each other’s merit, by carving out offices & rewards for it. In the present state of American morals &
Also tagged as: States, Authority, Powers, Executive, Proper, Ambassadors, Public, Think, Present, Give, Years, Members, Consequence, Subject, House, Office, Case, Become, Government, Senate, Citizens, Legislature, Offices, Necessary, Given, Justice, According, War, Whole, Ministers, Time, State, Act, Chosen, Appointed, Provide, Legislatures, Appoint, Persons
Mr Govr. Morris. Exclude the officers of the army & navy, and you form a band having a different interest from & opposed to the civil power: you stimulate them to despise & reproach those “talking Lords who dare not face the foe”. Let this spirit be roused at the end of a war, before your troops shall have laid down their arms, and though the Civil authority be “entrenched in parchment to the teeth” they will cut their way to it. He was agst. rendering the members of the Legislature ineligible t
Also tagged as: States, Exercise, Proper, Public, electors, Present, Give, Years, Members, Service, Different, Determine, Member, Power, Vote, House, Office, Case, Objections, Services, Propose, Made, Respective, Constitution, Judgment, Judges, Take, Legislature, Citizens, Offices, Given, Make, Money, War, Elected, Bills, question, Time, State, Appointed, Legislatures, Appointments
Mr. Govr. Morris, suggested the expedient of an absolute negative in the Executive. He could not agree that the Judiciary which was part of the Executive, should be bound to say that a direct violation of the Constitution was law. A controul over the legislature might have its inconveniences. But view the danger on the other side. The most virtuous citizens will often as members of a legislative body concur in measures which afterwards in their private capacity they will be ashamed of. Encroachm
Mr Sherman. Can one man be trusted better than all the others if they all agree? This was neither wise nor safe. He disapproved of Judges meddling in politics and parties. We have gone far enough in forming the negative as it now stands. Mr. Carrol- when the negative to be overruled by ⅔ only was agreed to, the quorum was not fixed. He remarked that as a majority was now to be the quorum, 17, in the larger, and 8 in the smaller house might carry points. The Advantage that might be taken of th
Also tagged as: Necessary, States, Majority, Powers, Executive, Power, Proceedings, Government, Subject, House, Judges, Laws, Legislature
Mr Sherman had no objection to the proviso here, other than it would derange the parts of the report as made by the Committee, to take them in such an order. Mr. Rutlidge. It being of no consequence in what order points are decided, he should vote for the clause as it stood, but on condition that the subsequent part relating to negroes should also be agreed to. Mr. Governeur Morris considered such a proviso as inadmissible any where. It was so radically objectionable, that it might cost th
Also tagged as: Congress, Divided sovereignty, Exports, Impost, National Legislature, Northern States, Slavery, Southern States, Taxation, Trade
Mr Sherman had no objection to the proviso here, other than it would derange the parts of the report as made by the Committee, to take them in such an order. Mr. Rutlidge. It being of no consequence in what order points are decided, he should vote for the clause as it stood, but on condition that the subsequent part relating to negroes should also be agreed to. Mr. Governeur Morris considered such a proviso as inadmissible any where. It was so radically objectionable, that it might cost th
Also tagged as: Exports, States, Tax, Power, Imports, Subject, Proper, Money, Made, Foreign, Time, Necessary, Whole, Case, Cases, Vote, Equal, Punish, Revenue, Present, Particular, Congress, Take, Given, Exercise, Vested, Legislature, Direct, Objections, Laid
Mr. Govr Morris. If the United States had credit such bills would be unnecessary: if they had not unjust & useless. Mr. Madison, will it not be sufficient to prohibit the making them a tender? This will remove the temptation to emit them with unjust views. And promissory notes in that shape may in some emergencies be best. Mr. Govr. Morris. striking out the words will leave room still for notes of a responsible minister which will do all the good without the mischief. The Monied interest w
Also tagged as: Congress, Credit, Finance, Legislative Power, National Legislature, Paper Money
Mr. Madison, will it not be sufficient to prohibit the making them a tender? This will remove the temptation to emit them with unjust views. And promissory notes in that shape may in some emergencies be best. Mr. Govr. Morris. striking out the words will leave room still for notes of a responsible minister which will do all the good without the mischief. The Monied interest will oppose the plan of Government, if paper emissions be not prohibited. Mr. Ghorum was for striking out, without in
Also tagged as: Money, Power, Government, Credit, Legislature, Class, Necessary, Subject, War, Give, New, Whole, Citizens, Made, Case, Bills, States, Public, State, Present, Propose, Thing
Col. Mason in opposition to Mr. Reads motion desired it might be considered to whom the money would belong; if to the people, the legislature representing the people ought to appoint the keepers of it.
Col. Mason in opposition to Mr. Reads motion desired it might be considered to whom the money would belong; if to the people, the legislature representing the people ought to appoint the keepers of it.
Also tagged as: Money, Legislature, Appoint
Motion to appoint a Grand Committee to consider the necessity and expediency of the debts of the several States being assumed by the United States.
Committee on State Debts
Also tagged as: Given, Necessary, Revenue, States, Several, Place, State, Debts, Union, Appointed, Take, Imports
Mr Gerry took notice that there was no check here agst. standing armies in time of peace. The existing Congs. is so constructed that it cannot of itself maintain an army. This wd. not be the case under the new system. The people were jealous on this head, and great opposition to the plan would spring from such an omission. He suspected that preparations of force were now making agst. it. (he seemed to allude to the activity of the Govr. of N. York at this crisis in disciplining the militia of th
Genl. Pinkney asked whether no troops were ever to be raised untill an attack should be made on us? Mr. Gerry. if there be no restriction, a few States may establish a military Govt. Mr. Williamson, reminded him of Mr. Mason’s motion for limiting the appropriation of revenue as the best guard in this case. Mr. Langdon saw no room for Mr. Gerry’s distrust of the Representatives of the people. Mr. Dayton. preparations for war are generally made in peace; and a standing force of some so
Report of the Committee of Detail [Resolutions] - Article VII: Section 1 - Elsworth/Sherman for Uniformity in the Militia
Mr Gerry took notice that there was 〈no〉 check here agst. standing armies in time of peace. The existing Congs. is so constructed that it cannot of itself maintain an army. This wd. not be the case under the new system. The people were jealous on this head, and great opposition to the plan would spring from such an omission. He suspected that preparations of force were now making agst. it. (he seemed to allude to the activity of the Govr. of N. York at this crisis in disciplining the militia of
Also tagged as: Peace, Time, Case, Number, Militia, State, Consent, New, Power
Mr. Read doubted the propriety of leaving the appointment of the Militia officers in the States. In some States they are elected by the legislatures; in others by the people themselves. He thought at least an appointment by the State Executives ought to be insisted on.
Genl. Pinkney asked whether no troops were ever to be raised untill an attack should be made on us? Mr. Gerry. if there be no restriction, a few States may establish a military Govt. Mr. Williamson, reminded him of Mr. Mason’s motion for limiting the appropriation of revenue as the best guard in this case. Mr. Langdon saw no room for Mr. Gerry’s distrust of the Representatives of the people. Mr. Dayton. preparations for war are generally made in peace; and a standing force of some so
Also tagged as: Made, States, Become, Peace, War, Case, Establish, Revenue, Representatives
Ellsworth's Amendment for Power to Regulate the Militia
Also tagged as: Militia, States, Authority, Power, Union, Legislature, Necessary, Rules, Regulations, Consequence, Give, Journal, Government, Service, Whole, Provide, Exercise
Mr. Read doubted the propriety of leaving the appointment of the Militia officers in the States. In some States they are elected by the legislatures; in others by the people themselves. He thought at least an appointment by the State Executives ought to be insisted on.
Also tagged as: States, Elected, Officers, Least, State, Appointment, Militia, Legislatures
Mr. M〈adison,〉 thought the definition too narrow. It did not appear to go as far as the Stat. of Edwd. III. He did not see why more latitude might not be left to the Legislature. It wd. be as safe as in the hands of State legislatures; and it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused. Mr Mason was for pursuing the Stat: of Edwd. III. Mr. Govr Morris was for giving to the Union an exclusive right t
Also tagged as: Treason, States, Case, State, Act, Union, Legislature, War, Authority, Offences, Necessary, Different, Power, Legislatures, Constitute, Acts, Particular, Punish
Morris's Amendment to Define Treason based on British Law
Also tagged as: Treason, States, War, United, Sect, question, Take, Law, Crime, Constitute
It was moved and seconded to postpone the consideration of the 2nd sect. 7 article in order to take up the following. “Whereas it is essential to the preservation of Liberty to define precisely and exclusively what shall constitute the crime of Treason it is therefore ordained declared and established that if a man do levy war against the United States within their Territories or be adherent to the enemies of the United States within the said territories giving to them aid and comfort within
Also tagged as: States, United, Treason, Crime, New, question, War, Take, Sect, Vote, Constitute
Mr. Madison, thought the definition too narrow. It did not appear to go as far as the Stat. of Edwd. III. He did not see why more latitude might not be left to the Legislature. It wd. be as safe as in the hands of State legislatures; and it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused. Mr Mason was for pursuing the Stat: of Edwd. III. Mr. Govr Morris was for giving to the Union an exclusive right to
Report of the Committee of Detail [Resolutions] - Article VII: Section 2 - Morris/Randolph to Substitute Statute Language
Art. VII sect 4. resumed. Mr. Sherman was for leaving the clause as it stands. He disapproved of the slave trade: yet as the States were now possessed of the right to import slaves, as the public good did not require it to be taken from them, & as it was expedient to have as few objections as possible to the proposed scheme of Government, he thought it best to leave the matter as we find it. He observed that the abolition of slavery seemed to be going on in the U. S. & that the good sense of the
Also tagged as: Congress, Cromwell, General Government, Greece, Legislative Power, National Legislature, Northern States, Quakers, Rome, Slavery, Southern States, State power, Taxation, Trade, Union, Western States
Art. VII sect 4. resumed. Mr. Sherman was for leaving the clause as it stands. He disapproved of the slave trade: yet as the States were now possessed of the right to import slaves, as the public good did not require it to be taken from them, & as it was expedient to have as few objections as possible to the proposed scheme of Government, he thought it best to leave the matter as we find it. He observed that the abolition of slavery seemed to be going on in the U. S. & that the good sense of the
Also tagged as: States, Powers, Public, Present, Give, Law, Duty, Power, Fill, Subject, Case, Objections, Made, Use, Become, Constitution, Foreign, Sect, Thing, Government, Stated, Take, Require, Treasury, Given, Necessary, War, Whole, Time, question, State, Class, Union, Equal, Imports
Mr Langdon said He could not understand the jealousy expressed by some Gentleman. The General & State Govts. were not enemies to each other, but different institutions for the good of the people of America. As one of the people he could say, the National Govt. is mine, the State Govt is mine — In transferring power from one to the other — I only take out of my left hand what it cannot so well use, and put it into my right hand where it can be better used. Mr. Gerry thought it was rather takin
Also tagged as: Militia, State, States, Power, Whole, Proper, Places, Constitution, Take, Appointment, Made, Give, Provided, Case, Different, Officers, Legislatures, Members
The object of this proposition was to refer the plan for the Militia to the General Govt. but leave the execution of it to the State Govts. Mr Langdon said He could not understand the jealousy expressed by some Gentleman. The General & State Govts. were not enemies to each other, but different institutions for the good of the people of America. As one of the people he could say, the National Govt. is mine, the State Govt is mine — In transferring power from one to the other — I only take out
Also tagged as: Congress, General Government, Legislative Power, Military, Militia, National Legislature, National Supremacy, State Government, State Legislatures
Mr. Sherman considered this as absolutely inadmissible. He said that if the people should be so far asleep as to allow the Most influential officers of the Militia to be appointed by the Genl. Government, every man of discernment would rouse them by sounding the alarm to them — Mr. Gerry. Let us at once destroy the State Govts have an Executive for life or hereditary, and a proper Senate, and then there would be some consistency in giving full powers to the Genl Govt. but as the States are no
Also tagged as: Congress, Constitutional Convention, General Government, Legislative Power, Military, Militia, National Legislature, State Government, States' Rights
Mr. Sherman considered this as absolutely inadmissible. He said that if the people should be so far asleep as to allow the Most influential officers of the Militia to be appointed by the Genl. Government, every man of discernment would rouse them by sounding the alarm to them — Mr. Gerry. Let us at once destroy the State Govts have an Executive for life or hereditary, and a proper Senate, and then there would be some consistency in giving full powers to the Genl Govt. but as the States are no
Also tagged as: Made, Necessary, States, Powers, Executive, Proper, War, Government, Officers, State, Militia, Appointed, Give, Equal, Senate
Mr. Butler expressed his dissatisfaction lest it should compel payment as well to the Blood-suckers who had speculated on the distresses of others, as to those who had fought & bled for their country. He would be ready he said tomorrow to vote for a discrimination between those classes of people, and gave notice that he should move for a reconsideration.
Also tagged as: Congress, Debt, Legislative Power, National Legislature, Taxation
Mr. Butler expressed his dissatisfaction lest it should compel payment as well to the Blood-suckers who had speculated on the distresses of others, as to those who had fought & bled for their country. He would be ready he said tomorrow to vote for a discrimination between those classes of people, and gave notice that he should move for a reconsideration.
Also tagged as: Vote
Report of the Committee of Detail [Resolutions] - Article X: Section 1 - Final Two Clauses: Carroll for Election by the People
It was moved and seconded to strike out the word “Legislature” and to insert the word “People” in the 1st section 10th article. which passed in the negative [Ayes — 2; noes — 9.] Editors' note: Pennsylvania have returned, increasing the number of voting delegations to eleven.
Mr Brearly was opposed to the motion for inserting the word “joint”. The argument that the small States should not put their hands into the pockets of the large ones did not apply in this case. Mr. Wilson urged the reasonableness of giving the larger States a larger share of the appointment, and the danger of delay from a disagreement of the two Houses. He remarked also that the Senate had peculiar powers balancing the advantage given by a joint balot in this case to the other branch of the L
Carroll's Amendment for Presidential Election by the People
Also tagged as: Legislature
It was moved and seconded to strike out the word “Legislature” and to insert the word “People” in the 1st section 10th article. which passed in the negative [Ayes — 2; noes — 9.]
Also tagged as: Legislature
Mr Brearly was opposed to the motion for inserting the word “joint”. The argument that the small States should not put their hands into the pockets of the large ones did not apply in this case. Mr. Wilson urged the reasonableness of giving the larger States a larger share of the appointment, and the danger of delay from a disagreement of the two Houses. He remarked also that the Senate had peculiar powers balancing the advantage given by a joint balot in this case to the other branch of the L
Also tagged as: Cases, Law, Houses, Necessary, States, Given, Make, Officer, Powers, Elected, President, Appointment, State, Act, Give, Concurrence, Votes, Case, Senate, Legislature
Report of the Committee of Detail [Resolutions] - Article X: Section 1 - Final Two Clauses: Morris for Electors Chosen by People
It was moved and seconded to agree to the following amendment to the first sect. of the 10th article “shall be chosen by electors to be chosen by the People of the several States” which passed in the negative. [Ayes — 5; noes — 6.]
Morris's Amendment for Presidential Election by Electors
Also tagged as: States, Powers, Executive, electors, Give, Peace, Service, Officers, Power, Second, Subject, Office, Constitution, Several, Legislature, Acts, President, Whole, Time, Place, Chosen, Period, Expiration, Appointments
It was moved and seconded to agree to the following amendment to the first sect. of the 10th article “shall be chosen by electors to be chosen by the People of the several States” which passed in the negative. [Ayes — 5; noes — 6.]
Also tagged as: Sect, Chosen, electors, States, Several
The 1st. clause of 1 sect. of art: VII being reconsidered Col. Mason objected to the term, “shall” — fullfil the engagements & discharge the debts &c as too strong. It may be impossible to comply with it. The Creditors should be kept in the same plight. They will in one respect be necessarily and properly in a better. The Government will be more able to pay them. The use of the term shall will beget speculations and increase the pestilent practice of stock-jobbing. There was a great distincti
The 1st. clause of 1 sect. of art: VII being reconsidered Col. Mason objected to the term, “shall” — fullfil the engagements & discharge the debts &c as too strong. It may be impossible to comply with it. The Creditors should be kept in the same plight. They will in one respect be necessarily and properly in a better. The Government will be more able to pay them. The use of the term shall will beget speculations and increase the pestilent practice of stock-jobbing. There was a great distincti
Also tagged as: Public, Term, States, Use, First, Money, Thing, Different, Case, Debts, Equal, question, Government, Receive, Sect
Mr. Govr. Morris was for making the clause read at once, “importation of slaves into N. Carolina, S— Carolina & Georgia”. shall not be prohibited &c. This he said would be most fair and would avoid the ambiguity by which, under the power with regard to naturalization, the liberty reserved to the States might be defeated. He wished it to be known also that this part of the Constitution was a compliance with those States. If the change of language however should be objected to by the members from
Col: Mason was not against using the term “slaves” but agst naming N— C— S— C. & Georgia, lest it should give offence to the people of those States. Mr Sherman liked a description better than the terms proposed, which had been declined by the old Congs & were not pleasing to some people. Mr. Clymer concurred with Mr. Sherman Mr. Williamson said that both in opinion & practice he was, against slavery; but thought it more in favor of humanity, from a view of all circumstances, to let in S— C
Also tagged as: Term, States, Union, Give
Mr. Madison liked the motion as preventing all State imposts — but lamented the complexity we were giving to the commercial system. Mr. Govr. Morris thought the regulation necessary to prevent the Atlantic States from endeavouring to tax the Western States — & promote their interest by opposing the navigation of the Mississippi which would drive the Western people into the arms of G. Britain. Mr. Clymer thought the encouragement of the Western Country was suicide on the old States— If the
Also tagged as: Necessary, Revenue, States, Tax, Imposts, Regulation, Different, State, House, Promote, Legislature
Mr. Madison liked the motion as preventing all State imposts — but lamented the complexity we were giving to the commercial system. Mr. Govr. Morris thought the regulation necessary to prevent the Atlantic States from endeavouring to tax the Western States — & promote their interest by opposing the navigation of the Mississippi which would drive the Western people into the arms of G. Britain. Mr. Clymer thought the encouragement of the Western Country was suicide on the old States— If the
Mr. Pinkney...remarked that there were five distinct commercial interests— 1. the fisheries & W. India trade, which belonged to the N. England States. 2. the interest of N. York lay in a free trade. 3. Wheat & flour the Staples of the two Middle States, (N. J. & Penna.)— 4 Tobo. the staple of Maryd. & Virginia & partly of N. Carolina. 5. Rice & Indigo, the staples of S. Carolina & Georgia. These different interests would be a source of oppressive regulations if no check to a bare majority should
Genl. Pinkney said it was the true interest of the S. States to have no regulation of commerce; but considering the loss brought on the commerce of the Eastern States by the revolution, their liberal conduct towards the views* of South Carolina, and the interest the weak Southn. States had in being united with the strong Eastern States, he thought it proper that no fetters should be imposed on the power of making commercial regulations; and that his constituents though prejudiced against the Eas
Also tagged as: States, Powers, Think, Public, Present, Particular, Give, Majority, Different, United, Regulations, Power, Bound, Navy, Removal, Subject, Vote, House, Case, Objections, Enumeration, Made, Cases, Use, Foreign, Constitution, Take, Stated, Require, Necessary, Congress, Acts, Place, Act, Union, Votes, Nations
Mr. Govr. Morris...did not wish to bind down the Legislature to admit Western States on the terms here stated. Mr Madison opposed the motion, insisting that the Western States neither would nor ought to submit to a Union which degraded them from an equal rank with the other States. Col. Mason— If it were possible by just means to prevent emigrations to the Western Country, it might be good policy. But go the people will as they find it for their interest, and the best policy is to treat th
Art: XVII — before the House, as amended. Mr. Sherman was against it. He thought it unnecessary. The Union cannot dismember a State without its consent. Mr Langdon thought there was great weight in the argument of Mr. Luther Martin, and that the proposition substituted by Mr. Govr. Morris would excite a dangerous opposition to the plan. Mr. Govr Morris thought on the contrary that the small States would be pleased with the regulation, as it holds up the idea of dismembering the large St
Mr Madison opposed the motion, insisting that the Western States neither would nor ought to submit to a Union which degraded them from an equal rank with the other States. Col. Mason— If it were possible by just means to prevent emigrations to the Western Country, it might be good policy. But go the people will as they find it for their interest, and the best policy is to treat them with that equality which will make them friends not enemies. Mr Govr Morris. did not mean to discourage the
Also tagged as: States, Union, Legislature, New, Equal, Constitution, Senate, Make, Power
Art: XVII — before the House, as amended. Mr. Sherman was against it. He thought it unnecessary. The Union cannot dismember a State without its consent. Mr Langdon thought there was great weight in the argument of Mr. Luther Martin, and that the proposition substituted 〈by Mr. Govr. Morris〉 would excite a dangerous opposition to the plan. Mr. Govr Morris thought on the contrary that the small States would be pleased with the regulation, as it holds up the idea of dismembering the large
Also tagged as: States, State, Consent, New, Union, Regulation, Objections, House, Majority, Case, Congress, Government
Mr. L. Martin, urged the unreasonableness of forcing & guaranteeing the people of Virginia beyond the Mountains, the Western people, of N. Carolina. & of Georgia, & the people of Maine, to continue under the States now governing them, without the consent of those States to their separation. Even if they should become the majority, the majority of Counties, as in Virginia may still hold fast the dominion over them. Again the majority may place the seat of Government entirely among themselves & fo
Mr. L. Martin, urged the unreasonableness of forcing & guaranteeing the people of Virginia beyond the Mountains, the Western people, of N. Carolina. & of Georgia, & the people of Maine, to continue under the States now governing them, without the consent of those States to their separation. Even if they should become the majority, the majority of Counties, as in Virginia may still hold fast the dominion over them. Again the majority may place the seat of Government entirely among themselves & fo
Also tagged as: States, Majority, Representatives, Government, Consent, Take, Become, Equal, Constitution, Place, question
Mr. Govr. Morris thought the blank ought to be filled in a twofold way, so as to provide for the event of the ratifying States being contiguous which would render a smaller number sufficient, and the event of their being dispersed, which wd require a greater number for the introduction of the Government. Mr. Sherman. observed that the States being now confederated by articles which require unanimity in changes, he thought the ratification in this case of ten States at least ought to be made n
Also tagged as: States, Number, Congress, Constitution, Majority, Whole, Made, Case, Require, Necessary, Provide, House, Powers, Bound, Ten, Least, Concurrence, Government
Mr. Dickinson asked whether the concurrence of Congress is to be essential to the establishment of the system, whether the refusing States in the Confederacy could be deserted — and whether Congress could concur in contravening the system under which they acted? Mr. Madison. remarked that if the blank should be filled with “seven” eight, or “nine” — the Constitution as it stands might be put in force over the whole body of the people. tho’ less than a majority of them should ratify it. Mr.
Report of the Committee of Detail [Resolutions] - Article XXI: Madison's Solution
Madison's Amendment Requiring a Majority of States and People to Ratify the Constitution
Also tagged as: Members, Made, States, Majority, According, Constitution, Sect, Representatives, Least, Fill, House, Concurrence, Entitled, Require
Mr. Carrol mentioned the mode of altering the Constitution of Maryland pointed out therein, and that no other mode could be pursued in that State. Mr. King thought that striking out “Conventions”. as the requisite mode was equivalent to giving up the business altogether. Conventions alone, which will avoid all the obstacles from the complicated formation of the Legislatures, will succeed, and if not positively required by the plan, its enemies will oppose that mode. Mr. Govr. Morris said h
Mr. Carrol mentioned the mode of altering the Constitution of Maryland pointed out therein, and that no other mode could be pursued in that State. Mr. King thought that striking out “Conventions”. as the requisite mode was equivalent to giving up the business altogether. Conventions alone, which will avoid all the obstacles from the complicated formation of the Legislatures, will succeed, and if not positively required by the plan, its enemies will oppose that mode. Mr. Govr. Morris said h
Also tagged as: Made, Given, States, Constitution, Powers, Officers, Several, Bills, Power, Least, question, State, Require, Legislatures, Prescribed, Legislature, First
Mr. Wilson supported the motion of Mr. Madison, requiring a majority both of the people and of States. Mr Clymer was also in favor of it.
Also tagged as: Majority, States
Mr. Wilson supported the motion of Mr. Madison, requiring a majority both of the people and of States. Mr Clymer was also in favor of it. Col: Mason was for preserving ideas familiar to the people. Nine States had been required in all great cases under the Confederation & that number was on that account preferable.
Col: Mason was for preserving ideas familiar to the people. Nine States had been required in all great cases under the Confederation & that number was on that account preferable
Also tagged as: Cases, States, Number
Mr. L— Martin believed Mr. Morris to be right, that after a while the people would be agst. it. but for a different reason from that alledged. He believed they would not ratify it unless hurried into it by surprize. Mr. Gerry enlarged on the idea of Mr. L. Martin in which he concurred, represented the system as full of vices, and dwelt on the impropriety of destroying the existing Confederation, without the unanimous Consent of the parties to it:
Also tagged as: Consent, Different
Mr. Govr. Morris said his object was to impress in stronger terms the necessity of calling Conventions in order to prevent enemies to the plan, from giving it the go by. When it first appears, with the sanction of this Convention, the people will be favorable to it. By degrees the State officers, & those interested in the State Govts will intrigue & turn the popular current against it. Mr. L— Martin believed Mr. Morris to be right, that after a while the people would be agst. it. but for a di
Mr. Gorham disapproved of making the next highest after the President, the vice-President, without referring the decision to the Senate in case the next highest should have less than a majority of votes. as the regulation stands a very obscure man with very few votes may arrive at that appointment Mr Sherman said the object of this clause of the report of the Committee was to get rid of the ineligibility, which was attached to the mode of election by the Legislature, & to render the Executive
Mr. Gorham disapproved of making the next highest after the President, the vice-President, without referring the decision to the Senate in case the next highest should have less than a majority of votes. as the regulation stands a very obscure man with very few votes may arrive at that appointment Mr Sherman said the object of this clause of the report of the Committee was to get rid of the ineligibility, which was attached to the mode of election by the Legislature, & to render the Executive
Also tagged as: States, Proper, Executive, Regulation, electors, Trial, Public, Least, Give, Majority, Subject, Vote, House, Vice-President, Case, Objections, Made, Supreme, Government, Appointment, Number, Judges, Stated, Impeachment, Senate, Legislature, Given, Necessary, Court, President, Whole, Time, Chosen, Union, Appointed, List, Votes, First
Mr. Gerry objected that it admitted of appropriations to an army. for two years instead of one, for which he could not conceive a reason— that it implied there was to be a standing army which he inveighed against as dangerous to liberty, as unnecessary even for so great an extent of Country as this. and if necessary, some restriction on the number & duration ought to be provided: Nor was this a proper time for such an innovation. The people would not bear it. Mr Sherman remarked that the appr
To the (2) clause Mr. Gerry objected that it admitted of appropriations to an army. for two years instead of one, for which he could not conceive a reason— that it implied there was to be a standing army which he inveighed against as dangerous to liberty, as unnecessary even for so great an extent of Country as this. and if necessary, some restriction on the number & duration ought to be provided: Nor was this a proper time for such an innovation. The people would not bear it. Mr Sherman rema
Also tagged as: Necessary, Proper, Elected, Time, Require, Number, Years, Provided, Peace, Legislature
Mr. Gerry gave notice that he should move to reconsider articles XIX. XX. XXI. XXII. Mr. Williamson gave like notice as to the Article fixing the number of Representatives, which he thought too small. He wished also to allow Rho: Island more than one, as due to her probable number of people, and as proper to stifle any pretext arising from her absence on the occasion.
Mr. Gerry gave notice that he should move to reconsider articles XIX. XX. XXI. XXII. Mr. Williamson gave like notice as to the Article fixing the number of Representatives, which he thought too small. He wished also to allow Rho: Island more than one, as due to her probable number of people, and as proper to stifle any pretext arising from her absence on the occasion.
Also tagged as: Proper, Representatives, Number
Mr. Gerry objected that this would put it in the power of three or four States to put in whom they pleased. Mr. Williamson. There are seven States which do not contain one third of the people — If the Senate are to appoint, less than one sixth of the people will have the power.
Mr. Gerry objected that this would put it in the power of three or four States to put in whom they pleased. Mr. Williamson. There are seven States which do not contain one third of the people — If the Senate are to appoint, less than one sixth of the people will have the power —
Also tagged as: States, Power, Appoint, Senate
Mr. Gerry proposed, as the President was to be elected by the Senate out of the five highest candidates, that if he should not at the end of his term be re-elected by a majority of the Electors, and no other candidate should have a majority, the eventual election should be made by the Legislature — This he said would relieve the President from his particular dependence on the Senate for his continuance in office. Mr. King liked the idea, as calculated to satisfy particular members & promote u
Mr. Gerry proposed, as the President was to be elected by the Senate out of the five highest candidates, that if he should not at the end of his term be re-elected by a majority of the Electors, and no other candidate should have a majority, the eventual election should be made by the Legislature — This he said would relieve the President from his particular dependence on the Senate for his continuance in office. Mr. King liked the idea, as calculated to satisfy particular members & promote u
Also tagged as: Senate, President, Make, Power, Appointment, States, Powers, Appoint, Executive, Treaties, Offices, Office, Different, Votes, Take, Appointments, Legislature, Years, electors, Act, Number, Case, Whole, New, Made, Officers, Majority, Elected, Use, Give, Exercise, Present, Amendments, Judges, Judicial, Government, Vote, Particular, House, Members, Officer, First, Objections, Appointed, Persons, Land, Holding, Promote, Constitution, Foreign
Mr. Read observed that the States having but one member only in the House of Reps. would be in danger of having no vote at all in the election: the sickness or absence either of the Representative or one of the Senators would have that effect Mr. Madison replied that, if one member of the House of Representatives should be left capable of voting for the State, the states having one Representative only would still be subject to that danger. He thought it an evil that so small a number at any r
Mr. Read observed that the States having but one member only in the House of Reps. would be in danger of having no vote at all in the election: the sickness or absence either of the Representative or one of the Senators would have that effect Mr. Madison replied that, if one member of the House of Representatives should be left capable of voting for the State, the states having one Representative only would still be subject to that danger. He thought it an evil that so small a number at any r
Also tagged as: States, Member, Representative, Representatives, House, Majority, Subject, Vote, Number, Senators, State
Mr. Wilson objected to the mode of appointing, as blending a branch of the Legislature with the Executive. Good laws are of no effect without a good Executive; and there can be no good Executive without a responsible appointment of officers to execute. Responsibility is in a manner destroyed by such an agency of the Senate — He would prefer the Council proposed by Col: Mason, provided its advice should not be made obligatory on the President Mr. Pinkney was against joining the Senate in these
Mr. Wilson objected to the mode of appointing, as blending a branch of the Legislature with the Executive. Good laws are of no effect without a good Executive; and there can be no good Executive without a responsible appointment of officers to execute. Responsibility is in a manner destroyed by such an agency of the Senate — He would prefer the Council proposed by Col: Mason, provided its advice should not be made obligatory on the President Mr. Pinkney was against joining the Senate in these
Also tagged as: Senate, President, Officers, Executive, Appointments, Appointed, Provided, Congress, Offices, Legislature, New, Government, Laws, Appointment, Make, Made, Ambassadors
Mr. Wilson wished the requisition of two thirds to be struck out altogether If the majority cannot be trusted, it was a proof, as observed by Mr. Ghorum, that we were not fit for one Society. A reconsideration of the whole clause was agreed to. Mr. Govr. Morris was agst. striking out the “exception of Treaties of peace” If two thirds of the Senate should be required for peace, the Legislature will be unwilling to make war for that reason, on account of the Fisheries or the Mississippi, the
Mr. Govr. Morris was agst. striking out the “exception of Treaties of peace” If two thirds of the Senate should be required for peace, the Legislature will be unwilling to make war for that reason, on account of the Fisheries or the Mississippi, the two great objects of the Union. Besides, if a Majority of the Senate be for peace, and are not allowed to make it, they will be apt to effect their purpose in the more disagreeable mode, of negativing the supplies for the war. Mr. Williamson remar
Also tagged as: Made, Necessary, Make, States, Majority, Foreign, War, Power, Treaties, Union, Number, Peace, Senate, Legislature
Mr. Sherman opposed it— he thought the provision on that subject amply sufficient. Col: Hamilton expressed himself with great earnestness and anxiety in favor of the motion. He avowed himself a friend to a vigorous Government, but would declare at the same time, that he held it essential that the popular branch of it should be on a broad foundation. He was seriously of opinion that the House of Representatives was on so narrow a scale as to be really dangerous, and to warrant a jealousy in th
Mr. Sherman opposed it— he thought the provision on that subject amply sufficient. Col: Hamilton expressed himself with great earnestness and anxiety in favor of the motion. He avowed himself a friend to a vigorous Government, but would declare at the same time, that he held it essential that the popular branch of it should be on a broad foundation. He was seriously of opinion that the House of Representatives was on so narrow a scale as to be really dangerous, and to warrant a jealousy in the
Also tagged as: Necessary, President, Representatives, Government, Time, Subject, House, Senate, Legislature
Mr Gerry moved to reconsider art XIX. viz, “On the application of the Legislatures of two thirds of the States in the Union, for an amendment of this Constitution, the Legislature of the U. S. shall call a Convention for that purpose.” (see Aug.” 6.) This Constitution he said is to be paramount to the State Constitutions. It follows, hence, from this article that two thirds of the States may obtain a Convention, a majority of which can bind the Union to innovations that may subvert the State-
Mr. Hamilton 2ded. the motion, but he said with a different view from Mr. Gerry— He did not object to the consequences stated by Mr. Gerry— There was no greater evil in subjecting the people of the U. S. to the major voice than the people of a particular State— It had been wished by many and was much to have been desired that an easier mode for introducing amendments had been provided by the articles of Confederation. It was equally desirable now that an easy mode should be established for suppl
Also tagged as: Acts, Different, Power, State, Case, Particular, Legislatures, Stated, Provided, Amendments, New, Legislature
Hamilton's First Amendment on Ratification of the Constitution
Also tagged as: Respective, Acts, States, Congress, Constitution, Whole, State, Chosen, Provide, Legislatures, Take, Journal, Several, First
Report of the Committee of Detail [Resolutions] - Article XXI: Hamilton's Substitution
It was moved and seconded to postpone the 21st article in order to take up the following. Resolved that the foregoing plan of a Constitution be transmitted to the United States in Congress assembled in order that if the same shall be agreed to by them it may be communicated to the Legislatures of the several States to the end that they may provide for it’s final ratification by referring the same to the consideration of a Convention of Deputies in each State to be chosen by the People thereof,
Also tagged as: States, State, Take, Constitution, Legislatures, question, Several, Congress, United, Provide, Respective, Acts, Chosen
Instruction to Prepare an Address to the People
Also tagged as: Congress, United, States, Present, Laid, Constitution
It was moved and seconded to refer the following to the Committee of revision. "That it be an instruction to the Committee to prepare an address to the People to accompany the present constitution, and to be laid with the same before the United States in Congress." which passed in the affirmative. Editors' note: Madison writes, "The motion itself was referred to the Committee. nem: con:."
Also tagged as: Congress, States, Constitution, United, Present, Laid
Pinckney's Proposal for an Address to the People
It was moved and seconded to refer the following to the Committee of revision. “That it be an instruction to the Committee to prepare an address to the People to accompany the present constitution, and to be laid with the same before the United States in Congress. which passed in the affirmative. Editors' note: Madison writes, "The motion itself was referred to the Committee. nem: con:."
Instruction to Prepare an Address to the People
Also tagged as: Congress, States, United, Constitution, Laid, Present
Pinckney's Proposal for an Address to the People
Mr. Williamson moved to reconsider the clause requiring three fourths of each House to overrule the negative of the President, in order to strike out ¾ and insert ⅔. He had he remarked himself proposed ¾ instead of ⅔, but he had since been convinced that the latter proportion was the best. The former puts too much in the power of the President. Mr. Sherman was of the same opinion; adding that the States would not like to see so small a minority and the President, prevailing over the general v
Mr. Williamson, observed to the House that no provision was yet made for juries in Civil cases and suggested the necessity of it. Mr. Gorham. It is not possible to discriminate equity cases from those in which juries are proper. The Representatives of the people may be safely trusted in this matter. Mr. Gerry urged the necessity of Juries to guard agst. corrupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries.
Mr. Sherman. was for securing the rights of the people where requisite. The State Declarations of Rights are not repealed by this Constitution; and being in force are sufficient — There are many cases where juries are proper which cannot be discriminated. The Legislature may be safely trusted. Col: Mason. The Laws of the U. S. are to be paramount to State Bills of Rights. On the question for a Come to prepare a Bill of Rights
Mr. Sherman was of the same opinion; adding that the States would not like to see so small a minority and the President, prevailing over the general voice. In making laws regard should be had to the sense of the people. who are to be bound by them, and it was more probable that a single man should mistake or betray this sense than the Legislature Mr Govr Morris. Considering the difference between the two proportions numerically, it amounts in one House to two members only; and in the other to n
Also tagged as: States, Proper, Executive, Public, Years, Members, Term, Bound, Power, House, Office, Laws, Case, Vice-President, Cases, Senators, Take, Require, Legislature, Offices, Necessary, Given, According, Elected, President, Whole, Place, State, Consent, New, First
Mr. Williamson, observed to the House that no provision was yet made for juries in Civil cases and suggested the necessity of it. Mr. Gorham. It is not possible to discriminate equity cases from those in which juries are proper. The Representatives of the people may be safely trusted in this matter. Mr. Gerry urged the necessity of Juries to guard agst. corrupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries. Col: M
Also tagged as: Cases, Made, Proper, Bill, Trial, Representatives, State, Second, Appointed, Give, Judges, Provide, House, Laid, Directed
Mr. Sherman. was for securing the rights of the people where requisite. The State Declarations of Rights are not repealed by this Constitution; and being in force are sufficient — There are many cases where juries are proper which cannot be discriminated. The Legislature may be safely trusted. Col: Mason. The Laws of the U. S. are to be paramount to State Bills of Rights. On the question for a Come to prepare a Bill of Rights
Also tagged as: Cases, Constitution, Proper, Bill, Bills, question, State, Laws, Legislature
Report on Articles XXII and XXIII
Also tagged as: States, President, Congress, Constitution, electors, United, Senators, Day, Time, Place, Representatives, Appointed, Votes, Chosen, Elected, Directed, Proceedings, Legislature, Vote, Appoint, State, Give, Senate, Laid
Mr. Gorham & Mr. King said that the motion, if agreed, to would have a mischievous tendency. The people are accustomed & attached to that mode of appointing Treasurers, and the innovation will multiply objections to the System. Mr. Govr. Morris remarked that if the Treasurer be not appointed by the Legislature, he will be more narrowly watched, and more readily impeached — Mr. Sherman — As the two Houses appropriate money, it is best for them to appoint the officer who is to keep it; and t
Mr. Gorham & Mr. King said that the motion, if agreed, to would have a mischievous tendency. The people are accustomed & attached to that mode of appointing Treasurers, and the innovation will multiply objections to the System. Mr. Govr. Morris remarked that if the Treasurer be not appointed by the Legislature, he will be more narrowly watched, and more readily impeached — Mr. Sherman — As the two Houses appropriate money, it is best for them to appoint the officer who is to keep it; and to ap
Also tagged as: Legislature, Appoint, Appointed, Officer, Appointments, Several, Votes, Houses, Money, Consequence, Objections, Make, Made
Report of the Committee of Style - Article 1: Section 8 - Mason's Clause Against Standing Armies
Mason's Amendment Against Standing Armies
Also tagged as: Time, Peace, Sect, Militia
Pinckney's Amendment to Secure the Liberty of the Press
Also tagged as: Journal, Use
Motion to appoint a Committee to prepare an address to the people.
Appoint a Committee to Prepare an Address to the People
Also tagged as: Appointed, House, Appoint, Constitution
Mr Rutledge objected on account of the delay it would produce and the impropriety of addressing the people before it was known whether Congress would approve and support the plan— Congress, if an address be thought proper can prepare as good a one— The members of the Convention can also explain the reasons of what has been done to their respective Constituents. Mr Sherman concurred in the opinion that an address was both unnecessary and improper.
Mr Rutledge objected on account of the delay it would produce and the impropriety of addressing the people before it was known whether Congress would approve and support the plan— Congress, if an address be thought proper can prepare as good a one— The members of the Convention can also explain the reasons of what has been done to their respective Constituents. Mr Sherman concurred in the opinion that an address was both unnecessary and improper.
Also tagged as: Members, Respective, Congress
Art— V. “The Congress, whenever two thirds of both Houses shall deem necessary, or on the application of two thirds of the Legislatures of the several States shall propose amendments to this Constitution, which shall be valid to all intents and purposes as part thereof, when the same shall have been ratified by three fourths at least of the Legislatures of the several States, or by Conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress:
Report of the Committee of Style - Article VII: Randolph for Amendments by State Conventions
Mr. Sherman expressed his fears that three fourths of the States might be brought to do things fatal to particular States, as abolishing them altogether or depriving them of their equality in the Senate. He thought it reasonable that the proviso in favor of the States importing slaves should be extended so as to provide that no State should be affected in its internal police, or deprived of its equality in the Senate. Col: Mason thought the plan of amending the Constitution exceptionable & dang
Also tagged as: States, Senate, Amendments, Second, Case, Become, State, Congress, Government, Provide, Particular, Constitution
Randolph's Amendment on Amendments by State Conventions Requiring a Second Constitutional Convention
Also tagged as: Made, Given, Congress, States, Constitution, United, Government, Power, State, Establish, Chosen, Second, Vote, Give, Take, Subject, Prescribed, Provide, Amendments, Laid, Legislature
Motion to Adjourn
Also tagged as: Adjourn, Number, House, Proceedings, Constitution
And the House adjourned Editors' note: George Washington's Diary contains the following, "Saturday 15th. concluded the business of Convention, all to signing the proceedings; to effect which the House sat till 6 o’clock; and adjourned ’till Monday that the Constitution which it was proposed to offer to the People might be engrossed — and a number of printed copies struck off. —"
Also tagged as: House, Number, Proceedings, Constitution
Mason's Objections to this Constitution of Government
Also tagged as: Members, Made, Day, Constitution, Government, Time, Objections, Several
There is no Declaration of Rights, and the laws of the general government being paramount to the laws and constitution of the several States, the Declaration of Rights in the separate States are no security. Nor are the people secured even in the enjoyment of the benefit of the common law. In the House of Representatives there is not the substance but the shadow only of representation; which can never produce proper information in the legislature, or inspire confidence in the people; the laws
Docr. Franklin rose with a speech in his hand, which he had reduced to writing for his own conveniency, and which Mr. Wilson read in the words following. Mr. President I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information or fuller consideration, to change opinions even on important subjects, which I once thou
Docr. Franklin rose with a speech in his hand, which he had reduced to writing for his own conveniency, and which Mr. Wilson read in the words following. “Mr. President I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information or fuller consideration, to change opinions even on important subjects, which I once thought
Also tagged as: States, Think, Public, Present, Years, Member, Objections, Become, Foreign, Sect, Constitution, Government, Judgment, Number, Necessary, Make, Congress, President, Whole, Act, Nations, Persons, Several
When the President rose, for the purpose of putting the question, he said that although his situation had hitherto restrained him from offering his sentiments on questions depending in the House, and it might be thought, ought now to impose silence on him, yet he could not forbear expressing his wish that the alteration proposed might take place. It was much to be desired that the objections to the plan recommended might be made as few as possible — The smallness of the proportion of Representat
Gorham's Amendment for One Representative per Thirty Thousand People
Also tagged as: Objections, Establish, Representative, Congress, Representatives, Number, Constitution, Give
When the President rose, for the purpose of putting the question, he said that although his situation had hitherto restrained him from offering his sentiments on questions depending in the House, and it might be thought, ought now to impose silence on him, yet he could not forbear expressing his wish that the alteration proposed might take place. It was much to be desired that the objections to the plan recommended might be made as few as possible — The smallness of the proportion of Representat
Also tagged as: Members, Made, Entered, President, Representatives, question, Place, Present, Consequence, Give, House, Take, Amendments, Objections
Mr Randolph then rose and with an allusion to the observations of Docr Franklin, apologized for his refusing to sign the Constitution, notwithstanding the vast majority & venerable names that would give sanction to its wisdom and its worth. He said however that he did not mean by this refusal to decide that he should oppose the Constitution without doors. He meant only to keep himself free to be governed by his duty as it should be prescribed by his future judgment — He refused to sign, because
Mr Randolph then rose and with an allusion to the observations of Docr Franklin, apologized for his refusing to sign the Constitution, notwithstanding the vast majority & venerable names that would give sanction to its wisdom and its worth. He said however that he did not mean by this refusal to decide that he should oppose the Constitution without doors. He meant only to keep himself free to be governed by his duty as it should be prescribed by his future judgment — He refused to sign, because
Also tagged as: Constitution, States, Present, Subject, Objections, Take, Majority, Congress, Act, Member, Prescribed, First, War, Give, House, Consequence, Necessary, Make, Made, Bound, State, Laid, Given, Public, Holding, Presented, Place
Virginia's Address to the Congress
Also tagged as: Several, United, House, Congress, Representatives, Following, State, States, Constitution, People, Obtaining, Amendments, Time
'Mr. BLAND observed, that this application was made with a view of obtaining amendments to the constitution in one of the two modes pointed out in the 5th article; that copies of the application with an address had been sent to the several states, but that few of them seemed to have coincided with Virginia in opinion, and whether the apprehensions of the people of that state were well or ill founded, time alone would determine. He wished that the paper might be referred to a committee of the who
Also tagged as: Taken, States, Informed, Take, Best, Due, Place, United, Prescribed, State, Nature, Order, Obtaining, Exercise, House, Congress, Liberty, Constitution, According, Amendments, Time, People, Several, Committed, Subject, Thirds, Number
Jackson's Proposal to Postpone Discussion of Amendments to 1 March 1790
Also tagged as: United, Congress, First, Trial, Following, State, States, Subject, Ratified, Adopting, Constitution, Amendments, People
'Mr. GOODHUE observed, that though he considered it as being premature to take up the subject of amendments at the present time; yet he could not conceive the propriety of postponing the matter to so long a period—it certainly was the general idea that amendments should be considered, and a regard to the wishes of our constituents required that they should be attended to as soon as public interest permitted. Mr. BURKE made some objections of a similar import with those which fell from Mr. G
Also tagged as: Senate, States, Take, Place, United, Required, Public, Persons, First, Law, House, Congress, Make, Certain, Ratified, Constitution, According, Amendments, Respecting, People, Several, Necessary, Time, Rights, Subject, Ascertained, Thirds, Construed
Madison's Proposed Amendments
Also tagged as: Use, Prevent, State, Disparage, Exercise, Freedom, Representative, Confidence, Liberty, Respecting, Time, Proposed, Things, Violated, Fourth, Amendment, Others, States, Establishment, United, Public, Order, Favor, Arising, Abridging, Government, Ratified, Right, Rights, Articles, Number, Fifth, Senate, Taken, Take, Conventions, Value, America, Required, Houses, Persons, Danger, First, Answer, House, Case, Controversy, Certain, Make, Constitution, Amendments, People, Necessary, Ground, Representatives, Legislatures, Court, Subject, Secure, Suits, Thirty, Enumeration, Press, Defence, Criminal, Thousand, Delegated, Security, Compelled, Fact, Best, Common, Retained, Compensation, Place, Purposes, Jury, Trial, Nature, Proportion, Warrants, Obtaining, Cases, Added, Reserved, Law, Congress, Exceed, Effect, Powers, Service, Varying, Several, Part, Put
'Mr. JACKSON.—The more I consider the subject of amendments, the more I am convinced it is improper. I revere the rights of my constituents as much as any gentleman in Congress, yet I am against inserting a declaration of rights in the constitution, and that for some of the reasons referred to by the gentleman last up. If such an addition is not dangerous or improper, it is at least unnecessary: that is a sufficient reason for not entering into the subject at a time when there are urgent calls f
Also tagged as: Press, Senate, Defence, Life, Security, Taken, States, Supported, Conventions, Take, Establishment, Infringed, Prevent, Due, Best, Place, Speech, Person, United, America, Jury, Peace, Required, Public, Trial, State, Order, Houses, Persons, Favor, Cases, Exercise, Private, First, Danger, Freedom, Law, House, Government, Congress, Property, Confidence, Case, Effect, Liberty, Certain, Make, Ratified, Constitution, Powers, Right, Third, Amendments, Respecting, Time, Necessary, People, Several, Proposed, War, Representatives, Rights, Things, Legislatures, Consent, Suits, Secure, Subject, Addition, Desire, Part, Adopting, Number, Amendment, Deny
'Mr. SUMTER.—I consider the subject of amendments of such great importance to the Union, that I shall be glad to see it undertaken in any manner. I am not, Mr. Speaker disposed to sacrifice substance to form; therefore, whether the business shall originate in a Committee of the whole, or in the House, is a matter of indifference to me, so that it be put in train. Although I am seriously inclined to give this subject a full discussion, yet I do not wish it to be fully entered into at present, but
Also tagged as: States, Take, Conventions, Public, State, Obtaining, Exercise, House, Congress, Government, Confidence, Powers, Constitution, Amendments, People, Time, Respecting, Rights, Committed, Things, Subject, Put
Madison's Proposed Amendments
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
Massachusetts Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
South Carolina Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
'Mr. SEDGWICK opposed the motion, for the reasons given by his colleague, observing that the members from the several States proposing amendments would no doubt drag the House through the consideration of every one, whatever their fate might be after they were discussed; now gentlemen had only to reflect on this, and conceive the length of time the business would take up, if managed in this way. Mr. WHITE thought no time would be saved by appointing a select committee. Every member would Iik
Also tagged as: Security, Taken, States, Supported, Take, Conventions, Expressed, Value, Trial, State, Houses, House, Congress, Government, Constitution, Witness, Amendments, Necessary, People, Several, Time, Proposed, Rights, Probable, Subject, Fifth
New Hampshire Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
Virginia Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
Amendments Proposed by the Virginia Convention
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
'Mr. PAGE replied, that such motion would be out of order, until the present question was determined. A desultory conversation ensued, and it was questioned whether the subject generally was to be before the Committee of the whole, or those specific propositions only which had already been introduced. Mr. GERRY said, that it was a matter of indifference how this question was understood, because no gentleman could pretend to deny another the privilege of bringing forward propositions conf
Also tagged as: Senate, Others, Security, Taken, States, Take, Conventions, Keep, Fact, Prevent, Place, United, Required, Public, Less, State, Extending, Order, Houses, Added, Amendment, Danger, House, Government, Congress, Effect, Certain, Constitution, Amendments, Time, Respecting, People, Necessary, Several, Proposed, Rights, Part, Subject, Put, Thirds, Rules, Press, Deny
New York Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give ever
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
'Mr. PAGE hoped the House would agree to the motion of his colleague without hesitation, because he conceived it essentially necessary to proceed and finish the business as speedily as possible; for whatever might be the fact with respect to the security which the citizens of America had their rights and liberties under the new constitution, yet unless they saw it in that light, they would be uneasy, not to say dissatisfied. He thought, likewise, that the business would be expedited by the s
Also tagged as: Senate, Others, Security, Taken, States, Informed, Supported, Take, Conventions, Establishment, Expressed, Keep, Best, Due, Fact, Place, Speech, Purposes, United, Peace, America, State, Nature, Proportion, Order, Favor, Added, Freedom, Danger, First, Law, House, Government, Congress, Land, Confidence, Effect, Certain, Make, Constitution, Amendments, Time, People, Necessary, Several, Proposed, Representatives, Rights, Consent, Crime, Desire, Subject, Secure, Part, Put, Number, Intervened, Press
Report of the Committee of the Whole - First Proposition
Also tagged as: House, Congress, Government, Proposed, Resolved, First, Following, Establishment, Constitution, Amendments, People
Sherman's Amendment to the First Proposition
Also tagged as: Senate, Others, Following, States, Supported, Valid, Place, Original, Purposes, United, State, First, Assembled, Law, House, Congress, Resolved, Case, Effect, Ratified, Constitution, Right, Amendments, Varying, People, Several, Proposed, Representatives, Intents, Legislatures, Part, Articles, Amendment
'Mr. MADISON—Form, sir, is always of less importance than the substance; but on this occasion, I admit that form is of some consequence, and it will be well for the House to pursue that which, upon reflection, shall appear the most eligible. Now it appears to me, that there is a neatness and propriety in incorporating the amendments into the constitution itself; in that case the system will remain uniform and entire; it will certainly be more simple, when the amendments are interwoven into thos
Also tagged as: States, Supported, Take, Place, Original, United, Less, State, Order, Added, Arising, Law, House, Congress, Case, Liberty, Ratified, Constitution, Right, According, Amendments, People, Several, Proposed, Addition, Legislatures, Part, Suits, Ascertained, Amendment
'Mr. LIVERMORE was clearly of opinion, that whatever amendments were made to the constitution, they ought to stand separate from the original instrument. We have no right, said he, to alter a clause, any otherwise than by a new proposition. We have well-established precedents for such a mode of procedure in the practice of the British Parliament and the State Legislatures throughout America. I do not mean, however, to assert that there has been no instance of a repeal of the whole law on enactin
Also tagged as: Defence, Senate, Others, Taken, States, Valid, Take, Conventions, Use, Fact, Best, Retained, Place, Original, Purposes, United, America, Public, Less, State, Order, Houses, Favor, Cases, Exercise, First, Assembled, Law, House, Government, Congress, Oath, Case, Effect, Liberty, Certain, Make, Ratified, Constitution, Powers, Right, Amendments, Respecting, Necessary, People, Time, Ground, Several, Proposed, Representatives, Intents, Rights, Things, Legislatures, Consent, Secure, Subject, Addition, Desire, Preserved, Part, Put, Adopting, Number, Amendment, Fifth, Construed
Gerry's Amendment to the First Propsition
Also tagged as: United, Congress, Government, Fifty, States, Establishment, Constitution, Right, Expressed, Fact, Amendment, First, Purposes, People
'The question on inserting the words "of right" was put, and determined in the negative' (Annals of Congress, 1st Cong., 1st sess., 745). *** 'The first article of the report being read, Mr. GERRY rose and objected to the sentence, "Government being intended for the benefit of the people"...He moved to amend this clause by inserting the words “of right.” This motion was negatived’ (Gazette of the United States, edition of 19 August 1789, 146). *** '[Gerry] moved to alter the clause,
Also tagged as: United, Congress, Government, States, Put, Right, First, People
Mr. TUCKER.—I presume these propositions are brought forward under the idea of being amendments to the constitution; but can this be esteemed an amendment of the constitution? If I understand what is meant by the introductory paragraph, it is the preamble to the constitution; but a preamble is no part of the constitution. It is, to say the best, a useless amendment. For my part, I should as soon think of amending the concluding part, consisting of General Washington's letter to the President of
Also tagged as: Others, Taken, States, Conventions, Establishment, Expressed, Fact, Best, Place, Original, United, America, State, Exercise, Added, House, Congress, Certain, Constitution, Right, Amendments, People, Necessary, Proposed, Rights, Addition, Desire, Part, Amendment
'The question on the first paragraph of the report was put and carried in the affirmative, twenty-seven to twenty-three' (Annals of Congress, 1st Cong., 1st sess., 746-47). *** 'Some progress was made in the discussion of the report of the select committee.—The question on the first paragraph, after a short debate, was put and carried in the affirmative' (Gazette of the United States, edition of 15 August 1789, 143). *** 'Mr. TUCKER observed, that the preamble is no part of the Const
Also tagged as: Several, United, House, Congress, Proposed, Part, States, Put, Constitution, Right, People, Amendment, Amendments, Original, Necessary
Ames's Amendment to the Second Proposition
Also tagged as: Thousand, Security, States, Take, Expressed, Prevent, Place, Original, United, Public, Proportion, Nature, Forty, Persons, Added, First, Representative, House, Government, Congress, Certain, Make, Amendments, According, Time, Respecting, Necessary, People, Proposed, Rights, Second, Subject, Thirty, Number, Capital, Amendment
'Mr. MADISON.—l cannot concur in sentiment with the gentleman last up, that one representative for forty thousand inhabitants will conciliate the minds of those to the Government, who are desirous of amendments; because they have rather wished for an increase than confined themselves to a limitation. I believe, by this motion, we shall avoid no inconvenience that can be considered of much consequence, for one member for either thirty thousand or forty thousand inhabitants, will, in a few yea
Also tagged as: Thousand, Senate, Others, Security, States, Take, Establishment, Fact, Keep, Place, Original, Person, United, America, Required, Public, Less, State, Ninth, Proportion, Forty, Dollars, Order, Amount, Favor, Amendment, Representative, Law, House, Government, Congress, Hundred, Exceed, Certain, Ratified, Constitution, Amendments, Time, Necessary, People, Several, Proposed, Representatives, Rights, Second, Part, Secure, Subject, Thirty, Adopting, Number, Fourth
'Mr. Ames's motion was now put, and lost by a large majority' (Annals of Congress, 1st Cong., 1st sess., 753). [Editor's note: Ames's motion stirred up an extended debate on the floor, with every speaker against the motion citing a variety of reasons. Ames was compelled at one point to interject a second time in defence of the motion. Among the most vocal opponents of the motion were his fellow members of the Massachusetts delegation. Sedgwick noted that Massachusetts had proposed an amend
Also tagged as: Security, Compelled, Expressed, America, Required, State, Proportion, Favor, Amendment, Representative, House, Congress, Constitution, Amendments, People, Time, Several, Proposed, Representatives, Second, Subject, Put, Number, Defence
Tucker's Amendment to the Second Proposition
Also tagged as: States, Take, Keep, Prevent, Place, United, Public, Less, Proportion, Amount, First, House, Congress, Hundred, Effect, According, People, Proposed, Representatives, Addition, Second, Thirty, Number, Enumeration, Amendment
'Mr. SHERMAN said, if they were now forming a constitution, he should be in favor of one representative for forty thousand, other than thirty thousand…So far was he from thinking a hundred and seventy-five insufficient, that he was about to move for a reduction, because he always considered that a small body deliberated to better purpose than a greater one. Mr. MADISON hoped gentlemen would not be influenced by what had been related to have passed in the convention; he expected the committee
Also tagged as: Thousand, Senate, Others, States, Expressed, Prevent, Best, Senators, United, Public, Less, Extending, Proportion, Insure, Forty, Favor, First, Representative, Answer, House, Government, Congress, Hundred, Case, Certain, Constitution, Amendments, People, Several, Proposed, Representatives, Addition, Consent, Legislatures, Thirty, Number, Enumeration, Amendment
'Mr. SEDGWICK thought much inconvenience and but very little good would result from this amendment; it might serve as a tool for designing men; they might reduce the wages very low, much lower than it was possible for any gentleman to serve without injury to his private affairs, in order to procure popularity at home, provided a diminution of pay was looked upon as a desirable thing. It might also be done in order to prevent men of shining and disinterested abilities, but of indigent circumstanc
Also tagged as: House, America, Congress, Consent, Part, Secure, Order, Make, Amendment, Excessive, Services, Prevent, People, Number, Favor, Private, Place, Danger, Value, Necessary
'Mr. CARROLL.—As the rights of conscience are, in their nature, of peculiar delicacy, and will little bear the gentlest touch of governmental hand; and as many sects have concurred in opinion that they are not well secured under the present constitution, he said he was much in favor of adopting the words. He thought it would tend more towards conciliating the minds of the people to the Government than almost any other amendment he had heard proposed. He would not contend with gentlemen about the
Also tagged as: Effects, Others, Taken, Free, States, Compelled, Supported, Conventions, Establishment, Expressed, Prevent, Place, Person, Religion, Required, State, Nature, Cases, Favor, Exercise, First, Freedom, Law, Government, Congress, Make, Constitution, Necessary, People, Several, Proposed, Rights, Things, Court, Part, Subject, Secure, Put, Adopting, Regulated, Amendment, Construed
'Mr. PAGE begged gentlemen to consider that the motion tended to deprive the members of that freedom of debate which they had heretofore been indulged in, and prevented the Speaker from giving his sentiments. He was sorry to see this hurry, and hoped the subject would be fairly treated, otherwise the people might think they were unjustly dealt by. They would have a right to suppose, with the honorable gentleman from Carolina, (Mr. BURKE,) that we meant nothing more than to throw out a tub to the
Also tagged as: House, Congress, Public, Consent, State, Desire, Subject, Case, Freedom, Common, Certain, Constitution, Prevent, Right, People, Private, Amendments, Time
Madison's Amendment to the Fourth Proposition
Also tagged as: Religion, Congress, Others, Fourth, Prevent, Amendment, People
Report of the Committee of the Whole - Fourth Proposition, Second Clause
Also tagged as: Assemble, United, Congress, Government, Redress, Second, Taken, States, Grievances, Fourth, Infringed, Right, Common, Press, Freedom, Speech, People
Sedgwick's Amendment to the Fourth Proposition
Also tagged as: Assemble, United, House, Congress, Things, States, Secure, Effect, Subject, Make, Fourth, Retained, Constitution, Right, Necessary, People, Amendment, Freedom, Speech, Time
'Mr. BENSON.—The committee who framed this report proceeded on the principle that these rights belonged to the people; they conceived them to be inherent; and all that they meant to provide against was their being infringed by the Government. Mr. SEDGWICK replied, that if the committee were governed by that general principle, they might have gone into a very lengthy enumeration of rights; they might have declared that a man should have a right to wear his hat if he pleased; that he might get
Also tagged as: States, Use, Infringed, Common, Deprived, Retained, Required, Nature, Assemble, Congress, Government, Confidence, Effect, Powers, Constitution, Right, Amendments, Necessary, People, Several, Ground, Proposed, Representatives, Rights, Part, Secure, Enumeration
Tucker's Amendment to the Fourth Proposition
Also tagged as: Assemble, United, Congress, Representatives, Proposed, Part, States, Fourth, Right, Common, Amendment, People
'Mr. TUCKER then moved to insert these words, “to instruct their Representatives.” Mr. HARTLEY wished the motion had not been made, for gentlemen acquainted with the circumstances of this country, and the history of the country from which we separated, differed exceedingly on this point. The members of the House of Representatives, said he, are chosen for two years, the members of the Senate for six. According to the principles laid down in the Constitution, it is presumable that the pers
Also tagged as: Defence, Effects, Senate, Press, Life, Others, Free, Taken, States, Informed, Grievances, Wherein, Valid, Use, Take, Expressed, Prevent, Due, Best, Common, Purposes, Speech, United, America, Required, Public, Less, State, Nature, Proportion, Order, Persons, Favor, Cases, Exercise, Obtaining, Arising, Danger, Petition, Freedom, Representative, Assemble, Answer, Assembled, House, Tried, Law, Government, Congress, Oath, Hundred, Redress, Confidence, Effect, Liberty, Certain, Make, Constitution, Right, According, Amendments, Time, Necessary, People, District, Proposed, Representatives, Rights, Probable, Legislatures, Consent, Part, Secure, Subject, Adopting, Number, Enumeration, Services, Amendment, Election
'Mr. GERRY.—Gentlemen seem in a great hurry to get this business through. I think, Mr. Chairman, it requires a further discusion [sic]; for my part, I had rather do less business and do it well, then precipitate measures before they are fully understood. The honorable gentleman from Virginia (Mr. MADISON) stated, that if the proposed amendments are defeated, it will be by the delay attending the discussion of doubtful propositions; and he declares this to partake of that quality. It is natur
Also tagged as: Senate, Others, Security, States, Take, Conventions, Establishment, Expressed, Common, Place, Purposes, Public, Less, State, Nature, Order, Cases, Exercise, Private, Freedom, Representative, House, Government, Congress, Oath, Case, Effect, Make, Constitution, Right, Amendments, According, Time, People, Necessary, Several, Ground, District, Proposed, Representatives, Rights, Things, Legislatures, Part, Subject, Number, Amendment
'Mr. PAGE was sorry to see gentlemen so impatient; the more so, as he saw there was very little attention paid to any thing that was said; but he would express his sentiments if he was only heard by the Chair. He discovered clearly, notwithstanding what had been observed by the most ingenious supporters of the opposition, that there was an absolute necessity for adopting the amendment. It was strictly compatible with the spirit and the nature of the Government; all power vests in the people of t
Also tagged as: States, Grievances, Take, Conventions, Place, United, Peace, America, State, Nature, Favor, Exercise, Private, Added, Amendment, Representative, Law, House, Government, Congress, Redress, Case, Make, Constitution, Right, Amendments, Time, Necessary, People, Several, Proposed, Representatives, Rights, Part, Secure, Subject, Adopting, Number, Press
'Mr. LAWRENCE was averse to entering on the business at first; but since they had proceeded so far, he hoped they would finish it. He said, if gentlemen would confine themselves to the question when they were speaking, that the business might be done in a more agreeable manner. He was against the amendment proposed by the gentleman from South Carolina, (Mr. TUCKER,) because every member on this floor ought to consider himself the representative of the whole Union, and not of the particular dis
Also tagged as: Security, States, Take, Conventions, Fact, Speech, Jury, Required, Trial, State, Nature, Order, Houses, Obtaining, Amendment, Danger, Freedom, Representative, Government, Congress, Liberty, Make, Constitution, Amendments, Time, People, District, Proposed, Rights, Consent, Legislatures, Jeopardy, Press
Report of the Committee of the Whole - Fourth Proposition, Third Clause
Also tagged as: Security, Free, Taken, Militia, Compelled, Use, Infringed, Keep, Best, Person, State, Arms, House, Congress, Resolved, Constitution, Right, Amendments, Third, People, Time, Proposed, Regulated, Fourth
Mr. GERRY.—This declaration of rights, I take it, is intended to secure the people against the mal-administration of the Government; if we could suppose that, in all cases, the rights of the people would be attended to, the occasion for guards of this kind would be removed. Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms.
Also tagged as: Cases, Arms, Congress, Government, Rights, Militia, Secure, Order, Liberty, Use, Take, Establishment, Make, Prevent, Constitution, Powers, People, Necessary
Jackson's Amendment to the Fourth Resolution
Also tagged as: Law, United, Congress, Part, States, Case, Fourth, Constitution, Amendment, People
Burke's Amendment to the Fourth Proposition
Also tagged as: United, House, Peace, Congress, Proposed, Security, Public, Following, Consent, States, Supported, Effect, Liberty, Put, Houses, Thirds, Fourth, People, Cases, Amendment, Time
'Mr. BURKE proposed to add to the clause just agreed to, an amendment to the following effect: "A standing army of regular troops in time of peace is dangerous to public liberty, and such shall not be raised or kept up in time of peace but from necessity, and for the security of the people, nor then without the consent of two-thirds of the members present of both Houses; and in all the cases the military shall be subordinate to the civil authority." This being seconded, Mr. VINING asked wheth
Also tagged as: Cases, Peace, House, Congress, Proposed, Required, Addition, Security, Public, Following, Consent, Effect, Put, Liberty, Order, Houses, People, Rules, Amendment, Time
Gerry's Amendment to the Fourth Proposition
Also tagged as: United, Congress, Government, Rights, Following, Part, States, Fourth, Take, Prevent, Exercise, Amendment, Amendments, People
Report of the Committee of the Whole - Fourth Proposition, Seventh Clause
Also tagged as: Effects, States, Supported, Fourth, Place, Seventh, United, Warrants, Houses, Persons, Congress, Oath, Papers, Searched, Describing, Right, Seized, People, Rights, Probable, Things, Secure, Affirmation, Violated, Amendment
Benson's/Gerry's Amendment to the Fourth Proposition
Also tagged as: United, Effects, Congress, Searches, Proposed, Probable, Seizures, Following, States, Papers, Secure, Order, Fourth, Houses, Unreasonable, Persons, Right, Issue, Amendment, People
'Mr. GERRY said that he presumed there was a mistake in the wording of this clause; it ought to be "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches," and therefore moved that amendment. This was adopted by the committee' (Annals of Congress, 1st Cong., 1st sess., 783). *** 'Mr. BENSON moved to insert after the words "and effects," these words "against unreasonable searches and seizures." This was carried' (Ne
Also tagged as: United, Effects, Congress, Searches, Proposed, Probable, Seizures, Following, States, Papers, Secure, Order, Houses, Unreasonable, Persons, Right, Issue, Amendment, People
Report of the Committee of the Whole - Fourth Proposition, Eighth Clause
Also tagged as: United, Eighth, Congress, Rights, Others, Taken, States, Fourth, Certain, Disparage, Retained, Constitution, People, Enumeration, Amendment, Deny, Construed
'Mr. MADISON conceived this to be the most valuable amendment in the whole list. If there was any reason to restrain the Government of the United States from infringing upon these essential rights, it was equally necessary that they should be secured against the State Governments. He thought that if they provided against the one, it was as necessary to provide against the other, and was satisfied that it would be equally grateful to the people' (Annals of Congress, 1st Cong., 1st sess., 784).
Also tagged as: United, Congress, Government, Rights, State, States, Take, Amendment, Retained, Necessary, Place, People
'Mr. MADISON.—If the gentleman will propose any restriction to answer his purpose, and for avoiding the inconvenience he apprehends, I am willing to agree to it; but it will be improper to strike out the clause without a substitute. There is little danger that any court in the United States will admit an appeal where the matter in dispute does not amount to a thousand dollars; but as the possibility of such an event has excited in the minds of many citizens the greatest apprehension that pers
Also tagged as: Answer, Best, United, Congress, Proposed, Court, States, Amount, Prevent, Due, People, Persons, Dollars, Danger, Value, Necessary
‘Mr. TUCKER remarked, that many citizens expected that the amendments proposed by the conventions would be attended to by the House, and that several members conceived it to be their duty to bring them forward. If the House should decline taking them into consideration, it might tend to destroy that harmony which had hitherto existed, and which did great honour to their proceedings; it might affect all their future measures, and promote such feuds as might embarrass the Government exceedingly.
Also tagged as: States, Take, Conventions, Expressed, Best, Required, Order, Obtaining, Favor, Danger, Answer, House, Congress, Government, Confidence, Constitution, Amendments, People, Time, Several, Proposed, Rights, Preserved, Amendment
'Mr. SHERMAN conceived this amendment to be altogether unnecessary, inasmuch as the constitution assigned the business of each branch of the Government to a separate department. Mr. MADISON supposed the people would be gratified with the amendment, as it was admitted that the powers ought to be separate and distinct; it might also tend to an explanation of some doubts that might arise respecting the construction of the constitution. Mr. LIVERMORE, thinking the clause subversive of the cons
Also tagged as: United, Congress, Government, States, Respecting, Powers, Constitution, Cases, Favor, Amendment, People
Tucker's Amendment to the Ninth Proposition
Also tagged as: United, Congress, Delegated, Proposed, Ninth, States, Make, Amendment, Powers, Constitution, Place, People
Gerry's/Carroll's Amendment to the Ninth Proposition
Also tagged as: United, House, Congress, Proposed, Addition, Legislatures, Ninth, States, Tenth, Constitution, Amendment, People
'Mr. GERRY then proposed to add, after the word "States," and people thereof... The motion was negatived, and the amendment agreed to' (Gazette of the United States, edition of 22 August 1789, 150). *** 'Mr. CARROLL proposed to add to the end of the proposition, "or to the people;" this was agreed to' (Annals of Congress, 1st Cong., 1st sess., 790). [Editor's note: For further discussion of this phrase's addition and the discrepancies in the reporting, see commentary, 'Roger Sherman'
Also tagged as: United, House, Congress, Proposed, Addition, States, Amendment, People
Sherman's Amendment to the House Report
Also tagged as: United, House, Congress, Proposed, States, Amendment, Constitution, Place, Amendments, People
Report of the House - Fourth Proposition, Second Clause
Also tagged as: Assemble, United, House, Government, Redress, Second, States, Grievances, Fourth, Amendment, Infringed, Right, Common, Press, Freedom, Fifth, Speech, People
'The fifth amendment was agreed to' (Gazette of the United States, edition of 22 August 1789, 150). [Editor's note: This is the provision reading, 'The freedom of speech, and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed' – alternately termed, the second clause of the fourth proposition or the fifth amendment. The Annals reports that 'The first proposition
Also tagged as: Press, States, Grievances, Infringed, Common, Speech, United, Amendment, Freedom, First, Assemble, Law, Government, Congress, Redress, Make, Right, People, Second, Part, Fourth, Fifth
Report of the House - Fourth Proposition, Third Clause
Also tagged as: United, Arms, House, Congress, Person, Security, Free, State, States, Compelled, Militia, Amendment, Infringed, Keep, Right, Best, Regulated, Fourth, Third, People
'Mr. SCOTT objected to the clause in the sixth amendment, "No person religiously scrupulous shall be compelled to bear arms." He observed that if this becomes part of the constitution, such persons can neither be called upon for their services, nor can an equivalent be demanded; it is also attended with still further difficulties, for a militia can never be depended upon. This would lead to the violation of another article in the constitution, which secures to the people the right of keeping
Also tagged as: Taken, States, Militia, Compelled, Use, Take, Person, United, Religion, Persons, Favor, Amendment, Law, Arms, Congress, Government, Case, Constitution, Right, According, Necessary, People, Several, Time, War, Part, Services, Defence
Amendment to the Fourth Proposition, Third Clause
Also tagged as: United, Arms, Person, Congress, Security, Free, State, Compelled, States, Militia, Amendment, Infringed, Keep, Right, Best, Regulated, Added, Fourth, Third, People
'Some further desultory conversation arose, and it was agreed to insert the words "in person" to the end of the clause; after which, it was adopted...' (Annals of Congress, 1st Cong., 1st sess., 796). *** 'The words in person were added after the word "arms," and the amendment was adopted' (Gazette of the United States, edition of 22 August 1789, 150). [Editor's note: This is the provision reading, 'A well regulated militia, composed of the body of the people, being the best security of
Also tagged as: United, Arms, Person, Congress, Security, Free, State, Compelled, States, Militia, Amendment, Infringed, Keep, Right, Best, Regulated, Added, Fourth, Third, People
'Some further desultory conversation arose, and it was agreed to insert the words "in person" to the end of the clause; after which, it was adopted, as was the fourth, fifth, sixth, seventh, and eighth clauses of the fourth proposition...' (Annals of Congress, 1st Cong., 1st sess., 796). *** 'The words in person were added after the word "arms," and the amendment was adopted' (Gazette of the United States, edition of 22 August 1789, 150). [Editor's note: This is the provision reading, '
Also tagged as: Security, Free, States, Militia, Compelled, Infringed, Keep, Best, Seventh, Person, United, State, Added, Amendment, Arms, Congress, Right, Clauses, Third, People, Eighth, Regulated, Fourth, Fifth
Report of the House - Fourth Proposition, Seventh Clause
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
Amendment to the Fourth Proposition, Seventh Clause
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
[Editor's note: The tenth amendment came under the House's consideration at this point. None of the available sources specifically record the House taking up discussion, nor do any record debate on this provision. The sources, however, record that the provision was adopted. A comparison between the Committee of the Whole report and the report with amendments presented to the House reveals a few significant alterations introduced into this amendment. The Committee of the Whole report uses the phr
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
'[The third clause] was adopted, as was the fourth, fifth, sixth, seventh, and eighth clauses of the fourth proposition...' (Annals of Congress, 1st Cong., 1st sess., 796). *** 'The 7th, 8th, 9th, 10th, 11th, 12th, 13th and 14th amendments without any material alterations were agreed to' (Gazette of the United States, edition of 22 August 1789, 150). *** 'The 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, and 14th amendments were agreed to with some small alterations'
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, United, Warrants, Houses, Unreasonable, Persons, Searches, Congress, Oath, Papers, Searched, Describing, Right, Seized, Clauses, Third, Amendments, People, Eighth, Probable, Things, Secure, Affirmation, Violated, Amendment, Fifth
Report of the House - Fourth Proposition, Eighth Clause
Also tagged as: House, Eighth, Construed, Rights, Others, Fourth, Certain, Disparage, Retained, Constitution, Enumeration, Amendment, Amendments, Deny, People
'[The third clause] was adopted, as was the fourth, fifth, sixth, seventh, and eighth clauses of the fourth proposition...' (Annals of Congress, 1st Cong., 1st sess., 796). *** 'The 7th, 8th, 9th, 10th, 11th, 12th, 13th and 14th amendments without any material alterations were agreed to' (Gazette of the United States, edition of 22 August 1789, 150). *** 'The 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, and 14th amendments were agreed to with some small alterations'
Also tagged as: Seventh, United, Eighth, Congress, Amendments, Rights, Others, Fifth, Construed, States, Fourth, Certain, Disparage, Retained, Constitution, Enumeration, Clauses, Amendment, Third, Deny, People
Gerry's Amendment to the Ninth Proposition
Also tagged as: United, Congress, Delegated, Proposed, Prohibited, States, Ninth, Powers, Constitution, Amendment, Reserved, People
Sherman's Amendment to the Ninth Proposition
Also tagged as: Senate, Delegated, Taken, States, Supported, Original, United, Process, Prohibited, Ninth, Reserved, House, Congress, Government, Make, Powers, Constitution, Amendments, People, Several, Proposed, Addition, Second, Articles, Amendment
‘Mr. AMES thought this one of the most justifiable of all the powers of Congress; it was essential to a body representing the whole community, that they should have power to regulate their own elections, in order to secure a representation from every part, and prevent any improper regulations, calculated to answer party purposes only. It is a solecism in politics to let others judge for them, and is a departure from the principles upon which the constitution was founded. Mr. LIVERMORE said, t
Also tagged as: Senate, Others, Taken, States, Expressed, Prevent, Place, Purposes, Person, United, Prescribed, State, Nature, Order, Cases, Favor, Exercise, Amendment, First, Representative, Answer, Law, House, Government, Congress, Case, Make, Powers, Constitution, Amendments, Time, Necessary, People, Ground, Proposed, Representatives, Rights, Things, Desire, Legislatures, Consent, Subject, Secure, Part, Defence, Election
‘Mr. AMES said, that inadequate regulations were equally injurious as having none, and that such an amendment as was now proposed would alter the constitution; it would vest the supreme authority in places where it was never contemplated. Mr. SHERMAN observed, that the Convention were very unanimous in passing this clause; that it was an important provision, and if it was resigned it would tend to subvert the Government. Mr. MADISON was willing to make very amendment that was required by t
Also tagged as: Others, States, Take, Prevent, Senators, United, America, Required, Public, Less, State, Prohibited, Order, Danger, First, Law, House, Government, Congress, Effect, Certain, Make, Powers, Constitution, Right, Amendments, Time, People, Necessary, Proposed, Rights, Legislatures, Secure, Subject, Number, Amendment, Election
Motion to Commit Tucker's Proposition to the Committee of the Whole
Also tagged as: Several, United, House, Arms, Congress, Government, Proposed, War, Taken, State, States, Secure, Take, Ratified, Conventions, Constitution, People, Amendment, Amendments, Original, Necessary
‘Mr. TUCKER.—I do not see the arguments in favor of giving Congress this power in so forcible a light as some gentlemen do. It will be to erect an imperium in imperio, which is generally considered to be subversive of all Government. At any time that Congress shall exercise this power, it will raise commotions in the States; whereas, the mode of requisitions will operate in so easy a way, by being consonant to the habits of the people, that the supplies will be sooner realized in the treasury
Also tagged as: Several, United, Congress, Government, Proposed, States, Subject, Favor, Exercise, Amendment, Amendments, Time, People
‘Mr. SEDGWICK said, that he believed his mind was as strongly impressed with the force of the instructions he had received from his constituents, as that of other gentlemen. But, sir, a Government entrusted with the freedom and the very existence of the people, ought surely to possess, in a most ample degree, the means of supporting its own existence; and as we do not know what circumstances we may be in, or how necessary it may be for Congress to exercise this power, I should deem it a violatio
Also tagged as: Several, Congress, Government, Representatives, Taken, States, Constitution, Necessary, Exercise, Amendment, Freedom, People
Amendment to Fourth Article
Also tagged as: Press, Senate, States, Grievances, Fourth, Common, Speech, United, Petition, Freedom, Abridging, Assemble, Law, House, Government, Congress, Redress, Make, Constitution, Right, Amendments, People, Several, Proposed, Representatives, Legislatures, Articles, Amendment
'On motion to adopt the fourth article proposed by the resolve of the House of Representatives, to read as followeth: "That Congress shall make no law, abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and consult for their common good, and to petition the government for a redress of grievances: It passed in the affirmative.'
Also tagged as: Assemble, Law, House, Congress, Government, Proposed, Redress, Representatives, Abridging, Freedom, Grievances, Fourth, Make, Right, Common, Press, Petition, Speech, People
Amendment to Fifth Article
Also tagged as: House, Arms, Proposed, Representatives, Security, Free, State, Militia, Infringed, Keep, Right, Best, Regulated, Amendment, Amendments, Fifth, People
'On motion to adopt the fifth article of the amendments proposed by the House of Representatives, amended to read as followeth: "a well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed:" It passed in the affirmative.'
Also tagged as: House, Arms, Proposed, Representatives, Security, Free, State, Militia, Infringed, Keep, Right, Best, Regulated, Amendments, Fifth, People
Additional Proposed Amendment
Also tagged as: United, Congress, Proposed, Rights, Following, Free, States, State, Fourth, Make, Powers, Constitution, Cases, Exercise, Amendment, First, People
'On motion to add the following amendment to the constitution of the United States, to wit: "That Congress shall not exercise the powers vested in them by the fourth section of the first article of the constitution of the United States, but in cases where a state shall neglect or refuse to make regulations therein mentioned, or shall make regulations subversive of the rights of the people, to a free and equal representation in Congress, agreeably to the constitution:" It passed in the negativ
Also tagged as: United, Congress, Rights, Following, Free, States, State, Make, Amendment, Powers, Constitution, Cases, Exercise, Fourth, First, People
Amendment to Seventeenth Article
Also tagged as: United, House, Representatives, Delegated, Proposed, Prohibited, States, Powers, Constitution, Amendment, Amendments, Reserved, People
'On motion to adopt the seventeenth article of amendments to the constitution of the United States, proposed by the House of Representatives, to read as follows: "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people:" It passed in the affirmative.'
Also tagged as: United, House, Representatives, Delegated, Proposed, Prohibited, States, Powers, Constitution, Amendments, Reserved, People
Additional Proposed Amendment
Also tagged as: United, House, Representatives, Proposed, Following, States, Articles, Constitution, Amendment, People
'On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: "That all power is naturally vested in, and consequently derived from, the people; that magistrates, therefore, are their trustees and agents, and at all times amenable to them:" It passed in the negative.'
Also tagged as: United, House, Representatives, Proposed, Following, States, Articles, Constitution, Amendment, People
Additional Proposed Amendment
Also tagged as: United, House, Government, Representatives, Proposed, Security, Following, States, Articles, Constitution, Common, Amendment, People
'On motion to add the following clause to the articles of amendment, to the constitution of the United States, proposed by the House of Representatives, to wit: "That government ought to be instituted for the common benefit, protection, and security, of the people; and that the doctrine of non-resistance, against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind:" It passed in the negative.'
Also tagged as: United, House, Government, Representatives, Proposed, Security, Following, States, Articles, Constitution, Common, Amendment, People
Additional Proposed Amendment
Also tagged as: United, House, Government, Proposed, Representatives, Public, Following, Part, States, Articles, Certain, Powers, Constitution, Rules, Private, Amendment, First, People
'On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: "That the legislative, executive, and judiciary, powers of governments should be separate and distinct, and that the members of the two first may be restrained from oppression, by feeling and participating the public burthens, they should, at fixed periods, be reduced to a private station, return into the mass of the people, and the vacan
Also tagged as: United, House, Government, Proposed, Representatives, Public, Following, Part, States, Articles, Certain, Powers, Constitution, Rules, Private, Amendment, First, People
Amendment to Third Article
Also tagged as: Senate, Free, States, Grievances, Speech, United, Religion, Prohibiting, Exercise, Amendment, Petition, Freedom, Abridging, Assemble, Assembled, Law, House, Government, Congress, Redress, Make, Constitution, Right, Third, Amendments, People, Several, Proposed, Representatives, Legislatures, Articles, Press
'On motion to amend article the third, to read as follows: "Congress shall make no law establishing articles of faith or a mode of worship, or prohibiting the free exercise of religion, or abridging the freedom of speech, or the press, or the right of the people peaceably to assemble, and petition to the government for the redress of grievances:" It passed in the affirmative.'
Also tagged as: Assemble, Law, Religion, Congress, Government, Redress, Free, Freedom, Grievances, Third, Make, Articles, Exercise, Right, Abridging, Prohibiting, Press, Petition, Speech, People
Amendment to Fifth Article
Also tagged as: Arms, Security, Free, State, Militia, Amendment, Infringed, Keep, Right, Regulated, Fourth, Fifth, People
'On motion, on article the fifth, to strike out the word "fifth," after "article the," and insert "fourth," and to amend the article to read as follows: "A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed." It passed in the affirmative.'
Also tagged as: Arms, Security, Free, State, Militia, Infringed, Keep, Right, Regulated, Fourth, Fifth, People
Senate's Fifth Amendment
Also tagged as: Senate, Free, States, Grievances, Speech, United, Religion, Prohibiting, Exercise, Amendment, Petition, Freedom, Abridging, Assemble, Law, House, Government, Congress, Redress, Make, Right, Amendments, Third, People, Proposed, Articles, Press, Fifth
Senate's Sixth Amendment
Also tagged as: Senate, Free, States, Grievances, Infringed, Speech, United, Religion, Prohibiting, Exercise, Amendment, Petition, Freedom, Abridging, Assemble, Law, House, Government, Congress, Redress, Make, Right, Amendments, Third, People, Proposed, Rights, Articles, Press
Senate's Eighth Amendment
Also tagged as: Senate, Security, Free, States, Militia, Compelled, Fourth, Infringed, Keep, Best, Person, United, State, Arms, House, Congress, Right, Amendments, Service, Necessary, People, Eighth, Proposed, Articles, Regulated, Amendment, Fifth
Senate's Tenth Amendment
Also tagged as: Effects, Senate, Seizures, States, Supported, Tenth, Place, Seventh, United, Warrants, Houses, Unreasonable, Persons, House, Searches, Congress, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Proposed, Probable, Things, Secure, Articles, Affirmation, Violated, Amendment
Senate's Twenty-second Amendment
Also tagged as: Eleventh, United, House, Senate, Congress, Proposed, Construed, Rights, Others, States, Articles, Certain, Disparage, Amendment, Constitution, Enumeration, Retained, Amendments, Deny, People
Senate's Twenty-fourth Amendment
Also tagged as: United, House, Senate, Congress, Delegated, Proposed, Reserved, Prohibited, States, Articles, Powers, Constitution, Ticle, Amendment, Amendments, Twelfth, People
Senate's Twenty-fifth Amendment
Also tagged as: United, House, Senate, Congress, Delegated, Proposed, Reserved, Prohibited, States, Articles, Powers, Constitution, Ticle, Amendment, Amendments, Twelfth, People
Senate's Twenty-sixth Amendment
Also tagged as: United, House, Senate, Congress, Delegated, Proposed, Reserved, Prohibited, States, Articles, Powers, Constitution, Ticle, Amendment, Amendments, Twelfth, People
Conference Committee Report
Also tagged as: Defence, Senate, Press, Prosecutions, Free, States, Informed, Wherein, Establishment, Accusation, Place, Speech, Compulsory, United, Jury, Religion, Process, Public, Assistance, Less, Trial, Nature, Houses, Favor, Obtaining, Prohibiting, Exercise, First, Petition, Freedom, Abridging, Assembled, Assemble, Law, House, Government, Congress, Redress, Speedy, Witnesses, Counsel, Make, Accused, Constitution, Right, Impartial, Amendments, Third, People, Respecting, Several, Enjoy, Confronted, District, Proposed, Representatives, Committed, Crime, Articles, Ascertained, Amendment, Fifth, Criminal
Senate Amendments Following Conference Committee
Also tagged as: Defence, Senate, Press, Prosecutions, Following, Free, States, Informed, Wherein, Establishment, Accusation, Place, Speech, Compulsory, United, Jury, Religion, Process, Public, Less, Assistance, Trial, Nature, Houses, Favor, Obtaining, Prohibiting, Exercise, First, Petition, Freedom, Abridging, Assemble, Assembled, Law, House, Government, Congress, Redress, Speedy, Witnesses, Counsel, Make, Accused, Constitution, Right, Impartial, Amendments, Third, Respecting, People, Several, Enjoy, Confronted, District, Proposed, Representatives, Committed, Crime, Articles, Ascertained, Amendment, Fifth, Criminal
Articles of Amendment with Conference Committee Amendments
Also tagged as: Senate, Prosecutions, Free, Informed, Wherein, Establishment, Place, Accusation, Speech, Compulsory, Jury, Religion, Process, Less, Assistance, Trial, Nature, Houses, Obtaining, Prohibiting, Exercise, Amendment, Freedom, First, Abridging, Petition, Assemble, Law, House, Government, Congress, Redress, Speedy, Witnesses, Counsel, Make, Accused, Constitution, Right, Impartial, Third, Amendments, Respecting, People, Enjoy, District, Eighth, Proposed, Confronted, Representatives, Committed, Crime, Articles, Ascertained, Press, Fifth, Criminal
Articles of Amendment Agreed by the House
Also tagged as: Defence, Senate, Press, Prosecutions, Free, States, Informed, Grievances, Wherein, Establishment, Accusation, Place, Speech, Compulsory, United, Jury, Religion, Process, Public, Less, State, Assistance, Trial, Nature, Favor, Obtaining, Prohibiting, Exercise, Petition, Freedom, Abridging, Assemble, Law, House, Government, Congress, Redress, Speedy, Witnesses, Counsel, Make, Accused, Constitution, Right, Impartial, Amendments, Third, People, Respecting, Several, Enjoy, Eighth, Confronted, Proposed, Representatives, District, Committed, Legislatures, Crime, Articles, Ascertained, Amendment, Criminal
Conference Committee's Amendment to the Third Article
Also tagged as: Senate, Free, Establishment, Speech, Religion, Houses, Prohibiting, Exercise, Amendment, Petition, Freedom, Abridging, Assemble, Law, House, Government, Congress, Redress, Make, Constitution, Right, Amendments, Third, People, Respecting, Proposed, Representatives, Press, Fifth
House's Wording of the Amendment to the Third Article
Also tagged as: Senate, Free, States, Grievances, Tenth, Establishment, Speech, Seventh, Religion, Ninth, Prohibiting, Exercise, Amendment, Petition, Freedom, Abridging, Assemble, Law, Eleventh, House, Government, Congress, Redress, Make, Right, Third, Amendments, Respecting, People, Eighth, Proposed, Articles, Press, Fifth
'Resolved, That this House doth recede from their disagreement to the first, third, fifth, sixth, seventh, ninth, tenth, eleventh, fourteenth, fifteenth, seventeenth, twentieth, twenty-first, twenty-second, twenty-third, and twenty-fourth amendments, insisted on by the Senate: Provided, That the two articles which by the amendments of the Senate are now proposed to be inserted as the third and eighth articles, shall be amended to read as followeth: Article the third. "Congress shall make no
Also tagged as: Senate, Free, Grievances, Tenth, Establishment, Speech, Seventh, Religion, Ninth, Prohibiting, Exercise, Petition, Freedom, Abridging, Assemble, Eleventh, Law, House, Government, Congress, Redress, Make, Right, Third, Amendments, Respecting, People, Eighth, Proposed, Articles, Press, Fifth
Mr. VARIAN. Mr. President, before the vote is taken on this question, I desire to make some observations to the assembly in support of the points that I shall make; that you are absolutely without jurisdiction in the premises. It is true, a body of this kind has the physical power; a member may cast his vote through and because of his own volition to do an act which, joined with the votes of others, may result in the consummation of something; but he has not or may not have the legal right to do
Also tagged as: Election, Convention, Law, Evidence, Elected, Time, Legislative, Member, Determine, Case, Day, Territory, Made, People, Right, Act, Judge, Person, Persons, House, Members, Duty, First, Authority, Make, Vote, Seat, Sufficient, Proceedings, Votes, Jurisdiction, Subject, Government, United, Officer, Entitled, States, Cases, Laws, Qualification, Claims, Office, Congress, Place, Third, City, Legislature, Authorize, Proposition, Elections, Remain, Public, Terms, Taken, Rights, Effect, State, Number, Support, Second, Absence, Pass, Common, Trial, Admitted, District, Control, Purpose, Houses, Utah, Power
Mr. VAN HORNE. Mr. Chairman and gentlemen of the Convention, as the mover of the motion, it becomes my duty to speak to the question of whether it shall prevail or not. You have heard an argument against the motion. With you will rest the question of whether it is right, whether it is just, whether it is equitable, and whether it is legal, that that motion shall prevail. To begin with, I will say that, so far as I, the mover of the motion, was actuated, I made that motion with a full adheren
Also tagged as: Convention, Elected, Act, Power, Right, Members, Election, Seat, People, Time, Purpose, Evidence, Law, Constitution, State, Lake, Salt, Day, Made, Third, Part, House, Determine, Vote, Utah, Territory, States, Cases, Elections, Authority, Make, Persons, Majority, Congress, Member, Entitled, Board, Number, City, Days, Business, Legislative, County, Case, Duties, First, Receive, Judgment, Duty, Votes, Proposition, Government, United, Appoint, Pass, According, Necessary, Proposed, Holding, Subject, Perform, Proper, Nothing, Secretary, Taken, Proceedings, Rights, Jurisdiction, Justice, Admission, Issue, Judge, Provided, Office, Laws, Court, Consist, Monday, Legislature, Least, Qualification
Mr. VAN HORNE. Mr. Chairman, I wish to call the attention of the members of the Convention briefly to some things_ Mr. EVANS (Weber). I second the amendment to the motion. The CHAIRMAN. Mr. Van Horne has the floor now. Mr. VAN HORNE. _that have been said in the discussion of this motion. I wish to call attention to the first part of section 2, Enabling Act. “Such delegates shall possess the qualifications of such electors; and the aforesaid Convention shall consist of 107 delegates.” As w
Also tagged as: Convention, Constitution, Act, States, United, Seat, County, People, Part, Third, Elected, Territory, Made, Adoption, Time, Congress, Members, Utah, Case, Consist, Lake, Counties, According, Evidence, Purpose, Legislature, Entitled, Rights, Elections, Salt, State, Provided, Person, Place, Several, Issue, Power, Laws, Board, Determine, Authority, Judgment, Persons, Proceedings, Second, First, Business, Fill, Right, Representatives, Proposed, Authorized, Therein, electors, Jurisdiction, Granting, Prescribed, Taken, Incorporated, Exercise, Justice, Special, Day
Motion to Amend Motion
Also tagged as: Dollars, Day, Business, Effect, Days, People, Convention, Officers, Time, Appropriation
President SMITH. Gentlemen of the Convention: It will be impossible for me to find words to express to you the feelings that are within my breast. For many years it has been a dream of mine that the day would yet come when the people of the Territory of Utah, burying their past differences, would strike hands upon common ground, and as lovers of the same great commonwealth put their hands to the plow of statehood and endeavor to bring the people of that commonwealth into the enjoyment of every r
Also tagged as: Made, Powers, Act, Constitution, Judgment, Perform, Trust, Government, Power, Become, Purpose, Days, Receive, Fixed, Day, Justice, Common, Taxation, Times, Territory, Pass, People, Matters, Support, States, Convention, Labor, Mines, Representatives, Time, Years, Law, Duty, Entered, Place, Part, State, Exercise, United, Utah, Duties, Right, Rights
Mr. TATLOCK. Mr. President, and gentlemen of the Convention: I am proud to salute a man who was born in the Territory, whose motto was “Our liberties we prize and our rights we will maintain.”On my way to the building this morning I was accosted by a number of your friends and my friends, the friends of this Convention, who imposed upon me the very pleasant and delicate duty of asking you to accept from them an emblem of your authority during the continuance of this Convention. The article whic
Also tagged as: Years, War, Salt, Duty, Territory, City, People, Made, Authority, Number, Grand, Trust, Part, State, Rights, Day, Necessary, Taken, Convention, Least, Lake
Resolution No. 4A: Amendment
Also tagged as: Hereby, Following, People, Purpose, State, United, Constitution, States, Utah, Convention, Proposed
Mr. VARIAN. Now, Mr. President, the majority report offers a committee of twenty-six on apportionment and boundaries. A committee of twenty-six would be unnecessarily large and unwieldy. Fifteen is certainly large enough. if we expect to have executive work done and for that reason, it seems to me that the suggestion of the minority of the committee is a very proper one. And there is another reason, the counties differ in population, and material wealth. The proposition of the majority would all
Also tagged as: County, Lake, Salt, Majority, Counties, Convention, Territory, Member, Members, Proper, People, Power, Support, Least, Fifteen, Right, Representative, Amount, Nothing, Districts, Washington, Government, Number, Constitute, Legislature, Executive, Change, Made, Third, Proposition, Taken, Justice, San, House, Constitution
Motion that Action on the Report be Suspended
Also tagged as: Proceedings, Make, Continue, People, Purpose, Part, Day, Special
Mr. ROBERTS. Mr. President, it seems to me that we ought to be careful in making up the record of the Convention's proceedings, and in so important a matter as the adoption of the Constitution on behalf of our constituents, that we ought to round out the record, and make it complete, by a declaration that it was done. The third section of the Enabling Act reads: "That in case a Constitution and State government shall be formed in compliance with the provisions of this act, the Convention form
Also tagged as: Proposed, Provisions, Cast, Convention, Votes, Adoption, Made, Third, Part, Congress, Issue, Union, Qualified, Monday, Proceedings, Duty, Thereon, Make, Submitted, Equal, People, Majority, Admitted, Subject, Preceding, Provide, Act, Constitution, County, Government, Election, States, Case, State, United, Utah, Vote
Resolution No. 9C: Second Amendment
Also tagged as: Declared, Authorized, Adoption, Lake, Convention, Salt, Proposed, Second, People, Part, Following, State, Act, United, Constitution, States, Utah, Government
Mr. GOODWIN. Mr. President, in what I am going to say I hope the President will not think for one moment that I lack appreciation of the very high honor he has conferred upon me in making me chairman of the judiciary committee, but in my little experience, I have never seen people reach places which they did not deserve and have any comfort in them; and then there is a principle of justice connected with this matter. While I earned all my legal titles honestly, it is more than twenty years sinc
Also tagged as: Years, House, Business, Make, Time, Place, People, Made, Mining, Due, Places, Connected, Judgment, Justice
Mr. VARIAN. How much stationery and letter heads are required? A great many of us here do not want any letter heads or stationery. That is very general. It seems to be very indefinite. Mr. LAMBERT. That is simply so that when wanted it shall come in competitive bids. Mr. VARIAN. Mr. President, I don't see any use of wasting much money on stationery; if these gentlemen do not require it, certainly we who live here do not require any. Mr. CANNON. Mr. President, before the motion is put, I woul
Also tagged as: Convention, Authorize, Amount, Receive, Submitted, Pass, Several, Members
Standing Rules: Rule Fifteen: Third Amendment
Also tagged as: State, United, Members, Amendments, Officers, Act, Provided, States, Provide, Make, Election, Convention, Adoption, Lake, Made, First, Third, Religious, Subject, Respective, Consent, Reasons, People, Fifteen, Number, Salt
Standing Rules: Rule Twenty-Five
Also tagged as: Provide, Following, Made, Subject, Powers, Connected, Act, Constitution, Several, Taken, Judgment, County, Change, Fifteen, Special, Officers, Member, Proper, Power, Third, Make, Business, Nothing, Municipal, Adoption, Purpose, Authority, Passed, Proposition, Necessary, Secretary, Name, Provided, Election, Pass, Lands, Number, Matters, School, Journal, Officer, States, Convention, Members, Least, Proposed, Second, Lake, Institutions, Time, First, Salt, Duty, Amendments, Part, Corporations, State, Construed, Consist, Public, United, Militia, Vote, Right, Rights
Mr. VARIAN. Don't you mean “prayer and roll call?” Transpose that. Mr. WHITNEY. No; I think the roll call should be first, because until the roll call, we do not know whether there is a quorum present. Mr. VARIAN. The minority needs the prayer as much as the quorum. Mr. CANNON. I would suggest that the prayer usually comes first. Mr. WHITNEY. It did to-day, but I think it is out of order. The PRESIDENT. I followed the rule of the Wyoming people in that matter. Mr. WHITNEY. My impression is
Also tagged as: People, First
Mr. EVANS (Weber). We should not reject it; that might indicate that we didn't want it. Mr. KIMBALL (Weber). I accept the amendment. Mr. LUND. Mr. President, I would like to ask if this is a matter that is left between the secretary or between the United States and the members of this Convention_if we can change it. The law says thirty cents. Mr. KIESEL. You cannot change it. Mr. EVANS (Weber). Mr. President, I move to just simply lay that part of the report on the table. Mr. HART. I unders
Also tagged as: Part, Change, United, Secretary, Law, States, Taken, People, Members, Bill, Money
Mr. EICHNOR. Mr. President, I hope that this Constitutional Convention will not ask any person to work without pay. I believe in fixing salaries. I believe in hiring people and paying them for their work. If persons employed here are not sworn in the same day why should they not receive pay for that day? Let us deal as fairly in this Constitutional Convention as in private life. Mr. SQUIRES. Will the gentleman from Salt Lake indicate what clerks there are who have worked here without being swor
Also tagged as: Convention, Lake, Pay, Day, Salt, Private, County, Receive, Person, Persons, People, Several, Paid, Days, Labor, Entitled
Proposition Article on Prohibition, Methods of Submitting Same to Vote of People [File No. 52]
Also tagged as: Time, People, Amendments, Constitution, Proposition, Vote, Second
The Proposition Article on Prohibition, Methods of Submitting Same to Vote of People [File No. 52], offered by Mr. Joseph Murdock (Wasatch), after being read a first and second time by its title, was referred to the Committee on Schedule, Future Amendments, and Miscellaneous.
Also tagged as: Amendments, Proposition, Second, People, Time, First, Vote
Proposition Article on Prohibition, Methods of Submitting Same to Vote of People [File No. 52]
Also tagged as: Vote, Proposition, People
The PRESIDENT. Gentlemen, you have heard the motion. Mr. RICHARDS. Mr. President, I desire to give my reasons for offering this amendment. I offer the amendment for the very reason assigned by the delegate from Davis, as being opposed to this motion, and in favor of meeting to-morrow. I say that instead of losing a day by adjourning until Monday we will make a day. We meet here every afternoon. We make no progress. We spent to- day, by the clock, one hour in amending our minutes_the minutes of
Also tagged as: Monday, Convention, Make, Effect, Proper, Amount, According, Member, Salt, Proposition, Members, Duty, Number, Rights, People, Reasons, Lake, Least, Dollars, Majority, Value, County, Government, Business, House, Day, Time, Utah