Chapter XIV: Section 4: "The President by and with the advice and consent of the (1)

Senate shall have power to make Treaties,--_But no treaty shall be made without the consent of two thirds of the members present_"--this last clause being before the House.

M^r Wilson thought it objectionable to require the concurrence of 2/3 which puts it into the power of a minority to controul the will of a majority.

M^r King concurred in the objection; remarking that as the Executive was here joined in the business, there was a check which did not exist in Congress where the concurrence of 2/3 was required.

M^r Madison moved to insert after the word "treaty" the words "except treaties of peace" allowing these to be made with less difficulty than other treaties--It was agreed to nem: con:

M^r Madison then moved to authorize a concurrence of two thirds of the Senate to make treaties of peace, without the concurrence of the President.--The President he said would necessarily derive so much power and importance from a state of war that he might be tempted if authorized, to impede a treaty of peace. M^r Butler 2^{ded} the motion.

M^r Gorham thought the precaution unnecessary as the means of carrying on the war would not be in the hands of the President, but of the Legislature.

M^r Gov^r Morris thought the power of the President in this case harmless; and that no peace ought to be made without the concurrence of the President, who was the general Guardian of the National interests.

M^r Butler was strenuous for the motion, as a necessary security against ambitious & corrupt Presidents. He mentioned the late perfidious policy of the Statholder in Holland; and the artifices of the Duke of Marlbro' to prolong the war of which he had the management.

M^r Gerry was of opinion that in treaties of peace a greater rather than less proportion of votes was necessary, than in other treaties. In Treaties of peace the dearest interests will be at stake, as the fisheries, territory &c. In treaties of peace also there is more danger to the extremities of the Continent of being sacrificed, than on any other occasions.

M^r Williamson thought that Treaties of peace should be guarded at least by requiring the same concurrence as in other Treaties.

On the motion of M^r Madison & M^r Butler

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.
V^a no. N. C. no. S. C. ay. Geo. ay.

On the part of the clause concerning treaties amended by the exception as to Treaties of peace,

N. H. ay. Mas. ay. C^t ay. N. J. no. P^a no. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. no.

"and may require the opinion in writing of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices," being before the House

Col: Mason[60] said that in rejecting a Council to the President we were about to try an experiment on which the most despotic Government had never ventured. The Grand Signor himself had his Divan. He moved to postpone the consideration of the clause in order to take up the following.

[60] In the printed Journal, M^r Madison is erroneously
substituted for Col: Mason.--Madison's Note.

"That it be an instruction to the Committee of the States to
prepare a clause or clauses for establishing an Executive
Council, as a Council of State for the President of the U.
States, to consist of six members, two of which from the
Eastern, two from the middle, and two from the Southern States,
with a Rotation and duration of office similar to those of the
Senate; such Council to be appointed by the Legislature or by
the Senate."

Doctor Franklin 2^{ded} the motion. We seemed he said too much to fear cabals in appointments by a number, and to have too much confidence in those of single persons. Experience shewed that caprice, the intrigues of favorites & mistresses, were nevertheless the means most prevalent in monarchies. Among instances of abuse in such modes of appointment, he mentioned the many bad Governors appointed in G. B. for the Colonies. He thought a Council would not only be a check on a bad President but be a relief to a good one.

M^r Gov^r Morris. The question of a Council was considered in the Committee, where it was judged that the Presid^t by persuading his Council to concur in his wrong measures, would acquire their protection for them.

M^r Wilson approved of a Council in preference to making the Senate a party to appointm^{ts}.

M^r Dickinson was for a Council. It w^d be a singular thing if the measures of the Executive were not to undergo some previous discussion before the President.

M^r Madison was in favor of the instruction to the Committee proposed by Col: Mason.

The motion of M^r Mason was negatived.

May^d ay. S. C. ay. Geo. ay.--N. H. no. Mas. no. C^t no.
N. J. no. P^a no. Del. no. V^a no. N. C. no.

On the question, "authorizing the President to call for the opinions of the Heads of Departments, in writing": it passed in the affirmative N. H. only being no.[61]

[61] Not so stated in the printed Journal; but conformable to
the result afterwards appearing.--Madison's Note.

The clause was then unanimously agreed to--

M^r Williamson & M^r Spaight moved "that no Treaty of peace affecting Territorial rights sh^d be made without the concurrence of two thirds of the members of the Senate present."

M^r King. It will be necessary to look out for securities for some other rights, if this principle be established; he moved to extend the motion--"to all present rights of the U. States."

Adjourned.

SATURDAY SEPTEMBER 8^{TH} IN CONVENTION

The last Report of the Committee of Eleven (see Sep^r 4) was resumed.

M^r King moved to strike out the "exception of Treaties of peace" from the general clause requiring two thirds of the Senate for making Treaties.

M^r 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 M^r Ghorum, that we were not fit for one Society.

A reconsideration of the whole clause was agreed to.

M^r Gov^r Morris was ag^{st} 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.

M^r Williamson remarked that Treaties are to be made in the branch of the Gov^t where there may be a majority of the States without a majority of the people. Eight men may be a majority of a quorum, & should not have the power to decide the conditions of peace. There would be no danger, that the exposed States, as S. Carolina or Georgia, would urge an improper war for the Western Territory.

M^r Wilson. If two thirds are necessary to make peace, the minority may perpetuate war, against the sense of the majority.

M^r Gerry enlarged on the danger of putting the essential rights of the Union in the hands of so small a number as a majority of the Senate, representing perhaps, not one fifth of the people. The Senate will be corrupted by foreign influence.

M^r Sherman was ag^{st} leaving the rights established by the Treaty of peace, to the Senate, & moved to annex a proviso that no such rights sh^d be ceded without the sanction of the Legislature.

M^r Gov^r Morris seconded the ideas of M^r Sherman.

M^r Madison observed that it had been too easy in the present Congress, to make Treaties altho' nine States were required for the purpose.

On the question for striking "except Treaties of peace"

N. H. ay. Mass. ay. C^t ay. N. J. no. P^a ay. Del. no. M^d no.
V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Wilson & M^r Dayton move to strike out the clause requiring two thirds of the Senate for making Treaties; on which,

N. H. no. Mas. no. C^t div^d. N. J. no. P^a no. Del. ay. M^d no.
V^a no. N. C. no. S. C. no. Geo. no.

M^r Rutlidge & M^r Gerry moved that "no Treaty be made without the consent of 2/3 of all the members of the Senate"--according to the example in the present Cong^s.

M^r Ghorum. There is a difference in the case, as the President's consent will also be necessary in the new Gov^t.

On the question

N. H. no. Mass. no. (M^r Gerry ay.) C^t no. N. J. no. P^a no.
Del. no. M^d no. V^a no. N. C. ay. S. C. ay. Geo. ay.

M^r Sherman mov^d that no Treaty be made without a Majority of the whole number of the Senate. M^r Gerry seconded him.

M^r Williamson. This will be less security than 2/3 as now required.

M^r Sherman. It will be less embarrassing.

On the question, it passed in the negative.

N. H. no. Mass. ay. C^t ay. N. J. no. P^a no. Del. ay. M^d no.
V^a no. N. C. no. S. C. ay. Geo. ay.

M^r Madison moved that a Quorum of the Senate consist of 2/3 of all the members.

M^r Gov^r Morris--This will put it in the power of one man to break up a Quorum.

M^r Madison. This may happen to any Quorum.

On the Question it passed in the negative.

N. H. no. Mass. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Williamson & M^r Gerry mov^d "that no Treaty sh^d be made with^t previous notice to the members, & a reasonable time for their attending."

On the Question

All the States no; except N. C. S. C. & Geo. ay.

On a question on clause of the Report of the Com^e of Eleven relating to Treaties by 2/3 of the Senate.

All the States were ay.--except P^a N. J. & Geo. no.

M^r Gerry mov^d that "no officer be app^d but to offices created by the Constitution or by law."--This was rejected as unnecessary by six no's & five ays:

The Ayes. Mass. C^t N. J. N. C. Geo.--Noes. N. H. P^a Del. M^d
V^a S. C.

The clause referring to the Senate, the trial of impeachments ag^{st} the President, for Treason & bribery, was taken up.

Col. Mason. Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined. As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend the power of impeachments. He mov^d to add, after "bribery" "or maladministration." M^r Gerry seconded him.

M^r Madison. so vague a term will be equivalent to a tenure during pleasure of the Senate.

M^r Gov^r Morris, it will not be put in force & can do no harm. An election of every four years will prevent maladministration.

Col. Mason withdrew "maladministration" & substitutes "other high crimes & misdemesnors ag^{st} the State."

On the question thus altered

N. H. ay. Mass. ay. C^t ay. N. J. no. P^a no. Del. no. M^d ay.
V^a ay. N. C. ay. S. C. ay.[62] Geo. ay.

[62] In the printed Journal, S. Carolina, no.--Madison's
Note.

M^r Madison objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circumstances was made improperly dependent. He would prefer the Supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part.

M^r Gov^r Morris thought no other tribunal than the Senate could be trusted. The supreme Court were too few in number and might be warped or corrupted. He was ag^{st} a dependence of the Executive on the Legislature, considering the Legislative tyranny the great danger to be apprehended; but there could be no danger that the Senate would say untruly on their oaths that the President was guilty of crimes or facts, especially as in four years he can be turned out.

M^r Pinkney disapproved of making the Senate the Court of impeachments, as rendering the President too dependent on the Legislature. If he opposes a favorite law, the two Houses will combine ag^{st} him, and under the influence of heat and faction throw him out of office.

M^r Williamson thought there was more danger of too much lenity than of too much rigour towards the President, considering the number of cases in which the Senate was associated with the President.

M^r Sherman regarded the Supreme Court as improper to try the President, because the Judges would be appointed by him.

On motion of M^r Madison to strike out the words--"by the Senate" after the word "conviction"

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no.
V^a ay. N. C. no. S. C. no. Geo. no.

In the amendment of Col: Mason just agreed to, the word "State" after the words "misdemeanors against," was struck out, and the words "United States," inserted unanimously, in order to remove ambiguity.

On the question to agree to clause as amended,

N. H. ay. Mas. ay. Cont. ay. N. J. ay. P^a no. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. ay.

On motion "The vice-President and other Civil officers of the U. S. shall be removed from office on impeachment and conviction as aforesaid" was added to the clause on the subject of impeachments.

The clause of the report made on the 5^{th} Sep^r & postponed was taken up to wit--"All bills for raising revenue shall originate in the House of Representatives; and shall be subject to alterations and amendments by the Senate. No money shall be drawn from the Treasury but in consequence of appropriations made by law."

It was moved to strike out the words "and shall be subject to alterations and amendments by the Senate" and insert the words used in the Constitution of Massachusetts on the same subject--"but the Senate may propose or concur with amendments as in other bills" which was agreed too nem: con:

On the question On the first part of the clause--"All bills for raising revenue shall originate in the House of Representatives"[63]

[63] This was a conciliatory vote, the effect of the compromise
formerly alluded to. See Note Wednesday Sep^r 5.--Madison's
Note.

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. no. M^d no.
V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Gov^r Morris moved to add to clause (3) of the report made on Sep^r 4. the words "and every member shall be on oath" which being agreed to, and a question taken on the clause so amended viz--"The Senate of the U. S. shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present; and every member shall be on oath"

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a no. Del.--ay. M^d ay.
V^a no. N. C. ay. S. C. ay. Geo. ay.

M^r Gerry repeated his motion above made on this day, in the form following: "The Legislature shall have the sole right of establishing offices not heretofore provided for" which was again negatived: Mas. Con^t & Geo. only being ay.

M^r M^cHenry observed that the President had not yet been any where authorized to convene the Senate, and moved to amend Art X. sect. 2. by striking out the words "he may convene them (the Legislature) on extraordinary occasions," & insert, "He may convene both or either of the Houses on extraordinary occasions." This he added would also provide for the case of the Senate being in Session, at the time of convening the Legislature.

M^r Wilson said he should vote ag^{st} the motion, because it implied that the senate might be in Session, when the Legislature was not, which he thought improper.

On the question

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay.
V^a no. N. C. ay. S. C. no. Geo. ay.

A Committee was then appointed by Ballot to revise the stile of and arrange the articles which had been agreed to by the House. The committee consisted of M^r Johnson, M^r Hamilton, M^r Gov^r Morris, M^r Madison and M^r King.

M^r Williamson moved that, previous to this work of the Committee the clause relating to the number of the House of Representatives sh^d be reconsidered for the purpose of increasing the number.

M^r Madison 2^{ded} the Motion.

M^r 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 people for their liberties. He remarked that the connection between the President & Senate would tend to perpetuate him, by corrupt influence. It was the more necessary on this account that a numerous representation in the other branch of the Legislature should be established.

On the motion of M^r Williamson to reconsider, it was negatived[64]

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. no.

[64] This motion & vote are entered on the Printed journal of the
ensuing morning.--Madison's Note.

Adj^d.

MONDAY SEP^R 10. 1787 IN CONVENTION[65]

[65] "There is said to be a disposition generally prevalent
thro' this state to comply with y^e plan of y^e convention
without much scrutiny, Hervey, who has been in Albemarle
lately, says y^t Nicholas is determined to support it
however contrary it may be to his own opinions. I am
persuaded that those who sacrifice solid and permanent
advantages in this plan, to their idea of the transitory
disposition of the people, will condemn themselves
hereafter."--James McClurg to Madison, September 10,
1787.--Mad. MSS.

M^r 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 Constitutions altogether. He asked whether this was a situation proper to be run into.

M^r Hamilton 2^{ded} the motion, but he said with a different view from M^r Gerry. He did not object to the consequences stated by M^r 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 of introducing amendments had been provided by the articles of the Confederation. It was equally desirable now that an easy mode should be established for supplying defects which will probably appear in the new System. The mode proposed was not adequate. The State Legislatures will not apply for alterations but with a view to increase their own powers. The National Legislature will be the first to perceive and will be most sensible to the necessity of amendments, and ought also to be empowered, whenever two thirds of each branch should concur to call a Convention. There could be no danger in giving this power, as the people would finally decide in the case.

M^r Madison remarked on the vagueness of the terms, "call a Convention for the purpose," as sufficient reason for reconsidering the article. How was a Convention to be formed? by what rule decide? what the force of its acts?

On the motion of M^r Gerry to reconsider

N. H. div^d. Mas. ay. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Sherman moved to add to the article "or the Legislature may propose amendments to the several States for their approbation, but no amendments shall be binding until consented to by the several States."

M^r Gerry 2^{ded} the motion.

M^r Wilson moved to insert, "two thirds of" before the words "several States"--on which amendment to the motion of M^r Sherman

N. H. ay. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay.
V^a ay. N. C. no. S. C. no. Geo. no.

M^r Wilson then moved to insert "three fourths of" before "the several Sts." which was agreed to nem: con:

M^r Madison moved to postpone the consideration of the amended proposition in order to take up the following,

"The Legislature of the U. S. 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 one or
the other mode of ratification may be proposed by the
Legislature of the U.S:"

M^r Hamilton 2^{ded} the motion.

M^r Rutlidge said he never could agree to give a power by which the articles relating to slaves might be altered by the States not interested in that property and prejudiced against it. In order to obviate this objection, these words were added to the proposition:[66] "provided that no amendments which may be made prior to the year 1808 shall in any manner affect the 4 & 5 sections of the VII article."--The postponement being agreed to,

[66] The Printed Journal makes the succeeding proviso as to
sections 4 & 5, of the art: VII moved by M^r Rutlidge, part
of the proposition of M^r Madison.--Madison's Note.

On the question on the proposition of M^r Madison & M^r Hamilton as amended

N. H. div^d. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. no. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Gerry moved to reconsider Art: XXI and XXII. from the latter of which "for the approbation of Cong^s" had been struck out. He objected to proceeding to change the Government without the approbation of Congress, as being improper and giving just umbrage to that body: He repeated his objections also to an annulment of the confederation with so little scruple or formality.

M^r Hamilton concurred with M^r Gerry as to the indecorum of not requiring the approbation of Congress. He considered this as a necessary ingredient in the transaction. He thought it wrong also to allow nine States as provided by Art XXI. to institute a new Government on the ruins of the existing one. He w^d propose as a better modification of the two articles (XXI & XXII) that the plan should be sent to Congress in order that the same if approved by them, may be communicated to the State Legislatures, to the end that they may refer it to State conventions; each Legislature declaring that if the Convention of the State should think the plan ought to take effect among nine ratifying States, the same sh^d take effect accordingly.

M^r Gorham. Some States will say that nine States shall be sufficient to establish the plan, others will require unanimity for the purpose. And the different and conditional ratifications will defeat the plan altogether.

M^r Hamilton. No Convention convinced of the necessity of the plan will refuse to give it effect on the adoption by nine States. He thought this mode less exceptionable than the one proposed in the article, while it would attain the same end.

M^r Fitzimmons remarked that the words "for their approbation" had been struck out in order to save Congress from the necessity of an Act inconsistent with the Articles of Confederation under which they held their authority.

M^r Randolph declared, if no change should be made in this part of the plan, he should be obliged to dissent from the whole of it. He had from the beginning he said been convinced that radical changes in the system of the Union were necessary. Under this conviction he had brought forward a set of republican propositions as the basis and outline of a reform. These Republican propositions had however, much to his regret, been widely, and, in his opinion, irreconcileably departed from. In this state of things it was his idea and he accordingly meant to propose, that the State Conventions sh^d be at liberty to offer amendments to the plan; and that these should be submitted to a second General Convention, with full power to settle the Constitution finally. He did not expect to succeed in this proposition, but the discharge of his duty in making the attempt, would give quiet to his own mind.

M^r Wilson was against a reconsideration for any of the purposes which had been mentioned.

M^r King thought it would be more respectful to Congress to submit the plan generally to them; than in such a form as expressly and necessarily to require their approbation or disapprobation. The assent of nine States he considered as sufficient; and that it was more proper to make this a part of the Constitution itself, than to provide for it by a supplemental or distinct recommendation.

M^r Gerry urged the indecency and pernicious tendency of dissolving in so slight a manner, the solemn obligations of the articles of confederation. If nine out of thirteen can dissolve the compact. Six out of nine will be just as able to dissolve the new one hereafter.

M^r Sherman was in favor of M^r King's idea of submitting the plan generally to Congress. He thought nine States ought to be made sufficient: but that it would be best to make it a separate act and in some such form as that intimated by Col: Hamilton, than to make it a particular article of the Constitution.

On the question for reconsidering the two articles, XXI & XXII--

N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. no. Geo. ay.

M^r Hamilton then moved to postpone art XXI in order to take up the following, containing the ideas he had above expressed, viz

Resolved that the foregoing plan of a Constitution be
transmitted to the U. S. 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 its final ratification by referring the same to the
Consideration of a Convention of Deputies in each State to be
chosen by the people thereof, and that it be recommended to the
said Legislatures in their respective acts for organizing such
convention to declare, that if the said Convention shall approve
of the said Constitution, such approbation shall be binding and
conclusive upon the State, and further that if the said
Convention should be of opinion that the same upon the assent of
any nine States thereto, ought to take effect between the States
so assenting, such opinion shall thereupon be also binding upon
such a State, and the said Constitution shall take effect
between the States assenting thereto.

M^r Gerry 2^{ded} the motion.

M^r Wilson. This motion being seconded, it is necessary now to speak freely. He expressed in strong terms his disapprobation of the expedient proposed, particularly the suspending the plan of the Convention on the approbation of Congress. He declared it to be worse than folly to rely on the concurrence of the Rhode Island members of Cong^s in the plan. Maryland has voted on this floor; for requiring the unanimous assent of the 13 States to the proposed change in the federal System. N. York has not been represented for a long time past in the Convention. Many individual deputies from other States have spoken much against the plan. Under these circumstances can it be safe to make the assent of Congress necessary. After spending four or five months in the laborious & arduous task of forming a Government for our Country, we are ourselves at the close throwing insuperable obstacles in the way of its success.

M^r Clymer thought that the mode proposed by M^r Hamilton would fetter & embarrass Cong^s as much as the original one, since it equally involved a breach of the articles of Confederation.

M^r King concurred with M^r Clymer. If Congress can accede to one mode, they can to the other. If the approbation of Congress be made necessary, and they should not approve, the State Legislatures will not propose the plan to Conventions; or if the States themselves are to provide that nine States shall suffice to establish the System, that provision will be omitted, every thing will go into confusion, and all our labor be lost.

M^r Rutlidge viewed the matter in the same light with M^r King.

On the question to postpone in order to take up Col: Hamilton's motion

N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del. no. M^d no.
V^a no. N. C. no. S. C. no. Geo. no.

A Question being then taken on the article XXI. It was agreed to unanimously.

Col: Hamilton withdrew the remainder of the motion to postpone art. XXII, observing that his purpose was defeated by the vote just given.

M^r Williamson & M^r Gerry moved to re-instate the words "for the approbation of Congress" in Art: XXII. which was disagreed to nem: con:

M^r Randolph took this opportunity to state his objections to the System. They turned on the Senate's being made the Court of Impeachment for trying the Executive--on the necessity of 3/4 instead of 2/3 of each house to overrule the negative of the President--on the smallness of the number of the Representative branch,--on the want of limitation to a standing army--on the general clause concerning necessary and proper laws--on the want of some particular restraint on navigation acts--on the power to lay duties on exports--on the authority of the General Legislature to interpose on the application of the _Executives_ of the States--on the want of a more definite boundary between the General & State Legislatures--and between the General and State Judiciaries--on the unqualified power of the President to pardon treasons--on the want of some limit to the power of the Legislature in regulating their own compensations. With these difficulties in his mind, what course he asked was he to pursue? Was he to promote the establishment of a plan which he verily believed would end in Tyranny? He was unwilling he said to impede the wishes and Judgment of the Convention, but he must keep himself free, in case he should be honored with a seat in the Convention of his State, to act according to the dictates of his judgment. The only mode in which his embarrassments could be removed, was that of submitting the plan to Cong^s to go from them to the State Legislatures, and from these to State Conventions having power to adopt reject or amend; the process to close with another General Convention with full power to adopt or reject the alterations proposed by the State Conventions, and to establish finally the Government. He accordingly proposed a Resolution to this effect.

Doc^r Franklin 2^{ded} the motion.

Col: Mason urged & obtained that the motion should lie on the table for a day or two to see what steps might be taken with regard to the parts of the system objected to by M^r Randolph.

M^r Pinkney moved "that it be an instruction to the Committee for revising the stile and arrangement of the articles agreed on, to prepare an address to the people, to accompany the present Constitution, and to be laid with the same before the U. States in Congress."

[67]The motion itself was referred to the Committee nem: con:

[67]M^r Randolph moved to refer to the Committee also a motion relating to pardons in cases of Treason--which was agreed to nem: con:

[67] These motions are not entered in the printed
Journal.--Madison's Note.

Adjourned.

TUESDAY SEP^R 11. 1787. IN CONVENTION

The Report of the Committee of stile & arrangement not being made & being waited for,

The House Adjourned.

WEDNESDAY SEP^R 12. 1787. IN CONVENTION

Doc^r Johnson from the Committee of stile &c. reported a digest of the plan, of which printed copies were ordered to be furnished to the members. He also reported a letter to accompany the plan, to Congress.[68]

[68] A note by Madison in the text says: "(here insert a
transcript of the former from the annexed sheet as _printed_
and of the latter from the draft as finally agreed to,)" and
his footnote says: "This is a literal copy of the printed
Report. The Copy in the printed Journal contains some of the
alterations subsequently made in the House." No transcript
of the report was, however, made by Madison, but the printed
copy is among his papers. It is a large folio of four pages
printed on one side of each page, and is accurately
reproduced here. Madison's copy is marked by him: "as
reported by Com^e of revision, or stile and arrangement
Sep^r 12." The report is, in fact, correctly printed in the
_Journal of the Federal Convention_, 351, _et seq._,
Madison's statement to the contrary being an error. General
Bloomfield furnished Brearley's copy to John Quincy Adams,
and he printed it without the alterations and amendments
which Brearley had made. The extent of Brearley's
alterations and amendments may be seen in the copy printed
in the _Documentary History of the Constitution_, i., 362,
_et seq._

WE, THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM a more
perfect union, to establish justice, insure domestic
tranquility, provide for the common defence, promote the general
welfare, and secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this Constitution for the
United States of America.

ARTICLE I.

_Sect._ 1. All legislative powers herein granted shall be vested
in a Congress of the United States, which shall consist of a
Senate and House of Representatives.

_Sect._ 2. The House of Representatives shall be composed of
members chosen every second year by the people of the several
states, and the electors in each state shall have the
qualifications requisite for electors of the most numerous
branch of the state legislature.

No person shall be a representative who shall not have attained
to the age of twenty-five years, and been seven years a citizen
of the United States, and who shall not, when elected, be an
inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the
several states which may be included within this Union,
according to their respective numbers, which shall be determined
by adding to the whole number of free persons, including those
bound to servitude for a term of years, and excluding Indians
not taxed, three-fifths of all other persons. The actual
enumeration shall be made within three years after the first
meeting of the Congress of the United States, and within every
subsequent term of ten years, in such manner as they shall by
law direct. The number of representatives shall not exceed one
for every forty thousand, but each state shall have at least one
representative: and until such enumeration shall be made, the
state of New-Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five, New-York, six, New-Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North-Carolina five, South-Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the
Executive authority thereof shall issue writs of election to
fill such vacancies.

The House of Representatives shall choose their Speaker and
other officers; and they shall have the sole power of
impeachment.

_Sect._ 3. The Senate of the United States shall be composed of
two senators from each state, chosen by the legislature thereof,
for six years: and each senator shall have one vote.

Immediately after they shall be assembled in consequence of the
first election, they shall be divided[69] as equally as may be
into three classes. The seats of the senators of the first class
shall be vacated at the expiration of the second year, of the
second class at the expiration of the fourth year, and of the
third class at the expiration of the sixth year, so that
one-third may be chosen every second year: and if vacancies
happen by resignation, or otherwise, during the recess of the
Legislature of any state, the Executive thereof may make
temporary appointments until the next meeting of the
Legislature.

[69] The words, "by lot," were not in the Report as printed;
but were inserted in manuscript, as a typographical
error, departing from the text of the Report referred to
the Committee of style & arrangement.--Marginal note by
Madison.

No person shall be a senator who shall not have attained to the
age of thirty years, and been nine years a citizen of the United
States, and who shall not, when elected, be an inhabitant of
that state for which he shall be chosen.

The Vice-President of the United States shall be, ex
officio,[70] President of the senate, but shall have no vote,
unless they be equally divided.

[70] Ex officio struck out in Madison's copy.

The Senate shall choose their other officers, and also a
President pro tempore, in the absence of the Vice-President, or
when he shall exercise the office of President of the United
States.

The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath. When the
President of the United States is tried, the Chief Justice shall
preside: and no person shall be convicted without the
concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than
to removal from office, and disqualification to hold and enjoy
any office of honor, trust or profit under the United States:
but the party convicted shall nevertheless be liable and subject
to indictment, trial, judgment and punishment, according to law.

_Sect._ 4. The times, places and manner of holding elections for
senators and representatives, shall be prescribed in each state
by the legislature thereof: but the Congress may at any time by
law make or alter such regulations.

The Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December, unless
they shall by law appoint a different day.

_Sect._ 5. Each house shall be the judge of the elections,
returns and qualifications of its own members, and a majority of
each shall constitute a quorum to do business: but a smaller
number may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner, and
under such penalties as each house may provide.

Each house may determine the rules of its proceedings; punish
its members for disorderly behaviour, and, with the concurrence
of two-thirds, expel a member.

Each house shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in
their judgment require secrecy; and the yeas and nays of the
members of either house on any question shall, at the desire of
one-fifth of those present, be entered on the journal.

Neither house, during the session of Congress, shall, without
the consent of the other, adjourn for more than three days, nor
to any other place than that in which the two houses shall be
sitting.

_Sect._ 6. The senators and representatives shall receive a
compensation for their services, to be ascertained by law, and
paid out of the treasury of the United States. They shall in all
cases, except treason, felony and breach of the peace, be
privileged from arrest during their attendance at the session of
their respective houses, and in going to and returning from the
same; and for any speech or debate in either house, they shall
not be questioned in any other place.

No senator or representative shall, during the time for which he
was elected, be appointed to any civil office under the
authority of the United States, which shall have been created,
or the emoluments whereof shall have been encreased during such
time; and no person holding any office under the United States,
shall be a member of either house during his continuance in
office.

_Sect._ 7. The enacting stile of the laws shall be, "Be it
enacted by the senators and representatives in Congress
assembled."

All bills for raising revenue shall originate in the house of
representatives: but the senate may propose or concur with
amendments as on other bills.

Every bill which shall have passed the house of representatives
and the senate, shall, before it become a law, be presented to
the president of the United States. If he approve he shall sign
it, but if not he shall return it, with his objections to that
house in which it shall have originated, who shall enter the
objections at large on their journal, and proceed to reconsider
it. If after such reconsideration two-thirds of that house shall
agree to pass the bill, it shall be sent, together with the
objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of that house, it
shall become a law. But in all such cases the votes of both
houses shall be determined by yeas and nays, and the names of
the persons voting for and against the bill shall be entered on
the journal of each house respectively. If any bill shall not be
returned by the President within ten days (Sundays excepted)
after it shall have been presented to him, the same shall be a
law, in like manner as if he had signed it, unless the Congress
by their adjournment prevent its return, in which case it shall
not be a law.

Every order, resolution, or vote to which the concurrence of the
Senate and House of Representatives may be necessary (except on
a question of adjournment) shall be presented to the President
of the United States; and before the same shall take effect,
shall be approved by him, or, being disapproved by him, shall be
repassed by[71] three-fourths[72] of the Senate and House of
Representatives, according to the rules and limitations
prescribed in the case of a bill.

[71] In the entry of this Report in the printed Journal
"two-thirds" are substituted for "three-fourths." This
change was made after the Report was received.--Madison's
Note. This is a mistake. The printed Journal has it
"three fourths."

[72] A marginal note says "two thirds."

_Sect._ 8. The Congress may by joint ballot appoint a treasurer.
They shall have power

To lay and collect taxes, duties, imposts and excises; to pay
the debts and provide for the common defence and general welfare
of the United States.[73]

[73] "but all duties imposts & excises shall be uniform
throughout the U. States," interlined by Madison.

To borrow money on the credit of the United States.

To regulate commerce with foreign nations, among the several
states, and with the Indian tribes.

To establish an uniform rule of naturalization, and uniform laws
on the subject of bankruptcies throughout the United States.

To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures.

To provide for the punishment of counterfeiting the securities
and current coin of the United States.

To establish post offices and post roads.

To promote the progress of science and useful arts, by securing
for limited times to authors and inventors the exclusive right
to their respective writings and discoveries.

To constitute tribunals inferior to the supreme court.

To define and punish piracies and felonies committed on the high
seas, and[74] offences against the law of nations.

[74] (punish) a typographical omission.--Madison's Note.

To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water.

To raise and support armies: but no appropriations of money to
that use shall be for a longer term than two years.

To provide and maintain a navy.

To make rules for the government and regulation of the land and
naval forces.

To provide for calling forth the militia to execute the laws of
the union, suppress insurrections and repel invasions.

To provide for organizing, arming and disciplining the militia,
and for governing such part of them as may be employed in the
service of the United States, reserving to the States
respectively, the appointment of the officers, and the authority
of training the militia according to the discipline prescribed
by Congress.

To exercise exclusive legislation in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by
cession of particular States, and the acceptance of Congress,
become the seat of the government of the United States, and to
exercise like authority over all places purchased by the consent
of the legislature of the state in which the same shall be, for
the erection of forts, magazines, arsenals, dock-yards, and
other needful buildings--And

To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other
powers vested by this constitution in the government of the
United States, or in any department or officer thereof.

_Sect._ 9. The migration or importation of such persons as the
several states now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the year one thousand
eight hundred and eight, but a tax or duty may be imposed on
such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the
public safety may require it.

No bill of attainder shall be passed, nor any ex post facto law.

No capitation tax shall be laid, unless in proportion to the
census herein before directed to be taken.[75]

[75] "No preference shall be given by any regulation of
commerce or revenue to the ports of one State over those
of another--nor shall vessels bound to or from one State
be obliged to enter, clear or pay duties in another,"
interlined by Madison.

No tax or duty shall be laid on articles exported from any
State.

No money shall be drawn from the treasury, but in consequence of
appropriations made by law.

No title of nobility shall be granted by the United States. And
no person holding any office of profit or trust under them,
shall, without the consent of the Congress, accept of any
present, emolument, office, or title, of any kind whatever, from
any king, prince, or foreign state.

_Sect._ 10. No state shall coin money, nor emit bills of credit,
nor make anything but gold or silver coin a tender in payment of
debts, nor pass any bill of attainder, nor ex post facto laws,
nor laws altering or impairing the obligation of contracts; nor
grant letters of marque and reprisal, nor enter into any treaty,
alliance, or confederation, nor grant any title of nobility.

No state shall, without the consent of Congress, lay imposts or
duties on imports or exports, nor with such consent, but to the
use of the treasury of the United States.[76][77] Nor keep
troops nor ships of war in time of peace, nor enter into any
agreement or compact with another state, nor with any foreign
power. Nor engage in any war, unless it shall be actually
invaded by enemies, or the danger of invasion be so iminent, as
not to admit of delay until the Congress can be consulted.

[76] provided that no State shall be restrained from
imposing the usual duties on produce exported from such
State for the sole purpose of defraying the charges of
inspecting packing storing & indemnifying the losses on
such produce while in the custody of public officers.
But all such regulations shall in case of abuse be
subject to the revision & controul of Congress.--Marginal
note by Madison.

[77] "No State shall without the consent of Congress,"
interlined by Madison.

II.

_Sect._ 1. The executive power shall be vested in a president of
the United States of America. He shall hold his office during
the term of four years, and, altogether with the vice-president,
chosen for the same term, be elected in the following manner:

Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors, equal to the whole
number of senators and representatives to which the state may be
entitled in Congress: but no senator or representative shall be
appointed an elector, nor any person holding an office of trust
or profit under the United States.

The electors shall meet in their respective states, and vote by
ballot for two persons, of whom one at least shall not be an
inhabitant of the same state with themselves. And they shall
make a list of all the persons voted for, and of the number of
votes for each; which list they shall sign and certify, and
transmit sealed to the seat of the general government, directed
to the president of the senate. The president of the senate
shall in the presence of the senate and house of representatives
open all the certificates, and the votes shall then be counted.
The person having the greatest number of votes shall be the
president, if such number be a majority of the whole number of
electors appointed; and if there be more than one who have such
majority, and have an equal number of votes, then the house of
representatives shall immediately chuse by ballot one of them
for president; and if no person have a majority, then from the
five highest on the list the said house shall in like manner
choose the president. But in choosing the president, the votes
shall be taken by states and not per capita,[78] the
representation from each state having one vote. A quorum for
this purpose shall consist of a member or members from
two-thirds of the states, and a majority of all the states shall
be necessary to a choice. In every case, after the choice of the
president by the representatives,[79] the person having the
greatest number of votes of the electors shall be the
vice-president. But if there should remain two or more who have
equal votes, the senate shall choose from them by ballot the
vice-president.

[78] "and not per capita" struck out by Madison.

[79] "by the representatives" struck out by Madison.

The Congress may determine the time of chusing the electors, and
the time in[80] which they shall give their votes; but the
election shall be on the same day[81] throughout the United
States.

[80] The words "day on" substituted by Madison.

[81] "but the election shall be on the same day" struck
out & "which day shall be the same" inserted by Madison.

No person except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this constitution,
shall be eligible to the office of president; neither shall any
person be eligible to that office who shall not have attained to
the age of thirty-five years, and been fourteen years a resident
within the United States.

In case of the removal of the president from office, or of his
death, resignation, or inability to discharge the powers and
duties of the said office, the same shall devolve on the
vice-president, and the Congress may by law provide for the case
of removal, death, resignation or inability, both of the
president and vice-president, declaring what officer shall then
act as president, and such officer shall act accordingly, until
the disability be removed, or the period for chusing another
president arrive.[82]

[82] "the period for chusing another president arrive" struck
out and "a president be chosen" inserted by Madison.

The president shall, at stated times, receive a fixed
compensation for his services, which shall neither be encreased
nor diminished during the period for which he shall have been
elected.

Before he enter on the execution of his office, he shall take
the following oath or affirmation: "I ----, do solemnly swear
(or affirm) that I will faithfully execute the office of
president of the United States, and will to the best of my
judgment and power, preserve, protect and defend the
constitution of the United States."