Chapter XV: Section 4: "The President by and with the advice and consent of the (2)

_Sect._ 2. The president shall be commander in chief of the army
and navy of the United States, and of the militia of the several
States: he 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, when called
into the actual service of the United States,[83] and he shall
have power to grant reprieves and pardons for offences against
the United States, except in cases of impeachment.

[83] It so appears in the printed copy, but the clause "when
called into the actual service of the United States" was
intended to follow immediately after "militia of the
several States."

He shall have power, by and with the advice and consent of the
senate, to make treaties, provided two-thirds of the senators
present concur; and he shall nominate, and by and with the
advice and consent of the senate, shall appoint ambassadors,
other public ministers and consuls, judges of the supreme court,
and all other officers of the United States, whose appointments
are not herein otherwise provided for.

The president shall have power to fill up all vacancies that may
happen during the recess of the senate, by granting commissions
which shall expire at the end of their next session.

_Sect._ 3. He shall from time to time give to the Congress
information of the state of the union, and recommend to their
consideration such measures as he shall judge necessary and
expedient: he may, on extraordinary occasions, convene both
houses, or either of them, and in case of disagreement between
them, with respect to the time of adjournment, he may adjourn
them to such time as he shall think proper: he shall receive
ambassadors and other public ministers: he shall take care that
the laws be faithfully executed, and shall commission all the
officers of the United States.

_Sect._ 4. The president, vice-president and all civil officers
of the United States, shall be removed from office on
impeachment for, and conviction of treason, bribery, or other
high crimes and misdemeanors.

III.

_Sect._ 1. The judicial power of the United States, both in law
and equity, shall be vested in one supreme court, and in such
inferior courts as the Congress may from time to time ordain and
establish. The judges, both of the supreme and inferior courts,
shall hold their offices during good behaviour, and shall, at
stated times, receive for their services, a compensation, which
shall not be diminished during their continuance in office.

_Sect._ 2. The judicial power shall extend to all cases, both in
law and equity, arising under this constitution, the laws of the
United States, and treaties made, or which shall be made, under
their authority. To all cases affecting ambassadors, other
public ministers and consuls. To all cases of admiralty and
maritime jurisdiction. To controversies to which the United
States shall be a party. To controversies between two or more
States; between a state and citizens of another state; between
citizens of different States; between citizens of the same state
claiming lands under grants of different States, and between a
state, or the citizens thereof, and foreign States, citizens or
subjects.

In cases affecting ambassadors, other public ministers and
consuls, and those in which a state shall be a party, the
supreme court shall have original jurisdiction. In all the other
cases before mentioned, the supreme court shall have appellate
jurisdiction, both as to law and fact, with such exceptions, and
under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the
said crimes shall have been committed; but when not committed
within any state, the trial shall be at such place or places as
the Congress may by law have directed.

_Sect._ 3. Treason against the United States, shall consist only
in levying war against them, or in adhering to their enemies,
giving them aid and comfort. No person shall be convicted of
treason unless on the testimony of two witnesses to the same
overt act, or on confession in open court.

The Congress shall have power to declare the punishment of
treason, but no attainder of treason shall work corruption of
blood nor forfeiture, except during the life of the person
attainted.

IV.

_Sect._ 1. Full faith and credit shall be given in each state to
the public acts, records, and judicial proceedings of every
other state. And the Congress may by general laws prescribe the
manner in which such acts, records and proceedings shall be
proved, and the effect thereof.

_Sect._ 2. The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other
crime, who shall flee from justice, and be found in another
state, shall on demand of the executive authority of the state
from which he fled be delivered up, and removed to the state
having jurisdiction of the crime.

No person legally held to service or labour in one state,
escaping into another, shall in consequence of regulations
subsisting therein be discharged from such service or labor, but
shall be delivered up on claim of the party to whom such service
or labour may be due.

_Sect._ 3. New states may be admitted by the Congress into this
union; but no new state shall be formed or erected within the
jurisdiction of any other state; nor any state be formed by the
junction of two or more states, or parts of states, without the
consent of the legislatures of the states concerned as well as
of the Congress.

The Congress shall have power to dispose of and make all needful
rules and regulations respecting the territory or other property
belonging to the United States: and nothing in this Constitution
shall be so construed as to prejudice any claims of the United
States, or of any particular state.

_Sect._ 4. The United States shall guarantee to every state in
this union a Republican form of government, and shall protect
each of them against invasion; and on application of the
legislature or executive, against domestic violence.

V.

The Congress, whenever two-thirds of both houses shall deem
necessary, or on the application of two-thirds[84] of the
legislatures[85] 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[86] the legislatures[87]
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: Provided, that no amendment which may
be made prior to the year 1808 shall in any manner affect the
----[88] and[89] ---- section[90] of[91] article.

[84] "of two thirds" struck out by Madison.

[85] "of two-thirds" inserted by Madison.

[86] "three-fourths at least of" struck out by Madison.

[87] "of three-fourths" inserted by Madison.

[88] "1 & 4 clauses in the 9" inserted by Madison.

[89] "and" struck out by Madison.

[90] Changed to "sections" by Madison.

[91] "the first" inserted by Madison.

VI.

All debts contracted and engagements entered into before the
adoption of this Constitution shall be as valid against the
United States under this Constitution as under the
confederation.

This constitution, and the laws of the United States which shall
be made in pursuance thereof; and all treaties made, or which
shall be made, under the authority of the United States, shall
be the supreme law of the land; and the judges in every state
shall be bound thereby, any thing in the constitution or laws of
any state to the contrary notwithstanding.

The senators and representatives beforementioned, and the
members of the several state legislatures, and all executive and
judicial officers, both of the United States and of the several
States, shall be bound by oath or affirmation, to support this
constitution; but no religious test shall ever be required as a
qualification to any office or public trust under the United
States.

VII.

The ratification of the conventions of nine States, shall be
sufficient for the establishment of this constitution between
the States so ratifying the same.

LETTER.[92]

[92] The draft of the letter accompanied the draft of the
Constitution, but was not printed with it. The Journal
says (Sept. 12): "The draft of a letter to Congress
being at the same time reported, was read once
throughout; and afterwards agreed to by paragraphs."
(_Const. MSS. and Journal_, p. 367.) The draft is in the
handwriting of Gouverneur Morris and was undoubtedly
prepared by him. It was turned over to Washington by
Jackson with the other papers of the convention. The
draft of the Constitution must have been among those
papers he destroyed. Probably it too was written by
Morris. The letter having been accepted September 12,
was printed with the final Constitution September 17. It
does not appear to have caused debate.

We have now the Honor to submit to the Consideration of the
United States in Congress assembled that Constitution which has
appeared to us the most advisable.

The Friends of our Country have long seen and desired that the
Power of making War Peace and Treaties, that of levying Money &
regulating Commerce and the correspondent executive and judicial
Authorities should be fully and effectually vested in the
general Government of the Union. But the Impropriety of
delegating such extensive Trust to one Body of Men is evident.
Hence results the Necessity of a different organization.

It is obviously impracticable in the foederal Government of
these States to secure all Rights of independent Sovereignty to
each and yet provide for the Interest and Safety of all.
Individuals entering into Society must give up a Share of
Liberty to preserve the Rest. The Magnitude of the Sacrifice
must depend as well on Situation and Circumstances as on the
Object to be obtained. It is at all times difficult to draw with
Precision the Line between those Rights which must be
surrendered and those which may be reserved. And on the present
Occasion this Difficulty was increased by a Difference among the
several States as to their Situation Extent Habits and
particular Interests.

In all our Deliberations on this Subject we kept steadily in our
View that which appears to us the greatest Interest of every
true American The Consolidation of our Union in which is
involved our Prosperity Felicity Safety perhaps our national
Existence. This important Consideration seriously and deeply
impressed on our Minds led each State in the Convention to be
less rigid in Points of inferior Magnitude than might have been
otherwise expected. And thus the Constitution which we now
present is the Result of a Spirit of Amity and of that mutual
Deference & Concession which the Peculiarity of our political
Situation rendered indispensable.

That it will meet the full and entire approbation of every State
is not perhaps to be expected. But each will doubtless consider
that had her Interests been alone consulted the Consequences
might have been particularly disagreable or injurious to others.
That it is liable to as few Exceptions as could reasonably have
been expected we hope and believe. That it may promote the
lasting Welfare of that Country so dear to us all and secure her
Freedom and Happiness is our most ardent Wish--

M^r Williamson moved to reconsider the clause requiring three fourths of each House to overrule the negative of the President, in order to strike out 3/4 and insert 2/3. He had he remarked himself proposed 3/4 instead of 2/3, but he had since been convinced that the latter proportion was the best. The former puts too much in the power of the President.

M^r 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.

M^r Gov^r Morris. Considering the difference between the two proportions numerically, it amounts in one House to two members only; and in the others to not more than five; according to the numbers of which the Legislature is at first to be composed. It is the interest moreover of the distant States to prefer 3/4 as they will be oftenest absent and need the interposing check of the President. The excess rather than the deficiency, of laws was to be dreaded. The example of N. York shews that 2/3 is not sufficient to answer the purpose.

M^r Hamilton added his testimony to the fact that 2/3 in N. York had been ineffectual either where a popular object, or a legislative faction operated; of which he mentioned some instances.

M^r Gerry. It is necessary to consider the danger on the other side also. 2/3 will be a considerable, perhaps a proper security. 3/4 puts too much in the power of a few men. The primary object of the revisionary check in the President is not to protect the general interest, but to defend his own department. If 3/4 be required, a few Senators having hopes from the nomination of the President to offices, will combine with him and impede proper laws. Making the vice-President Speaker increases the danger.

M^r Williamson was less afraid of too few than of too many laws. He was most of all afraid that the repeal of bad laws might be rendered too difficult by requiring 3/4 to overcome the dissent of the President.

Col: Mason had always considered this as one of the most exceptionable parts of the System. As to the numerical argument of M^r Gov^r Morris, little arithmetic was necessary to understand that 3/4 was more than 2/3, whatever the numbers of the Legislature might be. The example of New York depended on the real merits of the laws. The Gentlemen citing it, had no doubt given their own opinions. But perhaps there were others of opposite opinions who could equally paint the abuses on the other side. His leading view was to guard against too great an impediment to the repeal of laws.

M^r Gov^r Morris dwelt on the danger to the public interest from the instability of laws, as the most to be guarded against. On the other side there could be little danger. If one man in office will not consent where he ought, every fourth year another can be substituted. This term was not too long for fair experiments. Many good laws are not tried long enough to prove their merit. This is often the case with new laws opposed to old habits. The Inspection laws of Virginia & Maryland to which all are now so much attached were unpopular at first.

M^r Pinkney was warmly in opposition to 3/4 as putting a dangerous power in the hands of a few Senators headed by the President.

M^r Madison. When 3/4 was agreed to, the President was to be elected by the legislature and for seven years. He is now to be elected by the people and for four years. The object of the revisionary power is two fold. 1. to defend the Executive rights 2. to prevent popular or factious injustice. It was an important principle in this & in the State Constitutions to check legislative injustice and encroachments. The Experience of the States had demonstrated that their checks are insufficient. We must compare the danger from the weakness of 2/3 with the danger from the strength of 3/4. He thought on the whole the former was the greater. As to the difficulty of repeals it was probable that in doubtful cases the policy would soon take place of limiting the duration of laws so as to require renewal instead of repeal.

The reconsideration being agreed to. On the question to insert 2/3 in place of 3/4.

N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. no. M^d ay.
M^r McHenry no. V^a no. Gen^l Washington M^r Blair, M^r Madison
no. Col. Mason, M^r Randolph ay. N. C. ay. S. C. ay. Geo. ay.

M^r Williamson, observed to the House that no provision was yet made for juries in Civil cases and suggested the necessity of it.

M^r 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.

M^r Gerry urged the necessity of Juries to guard ag^{st} corrupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries.

Col: Mason perceived the difficulty mentioned by M^r Gorham. The jury cases cannot be specified. A general principle laid down on this and some other points would be sufficient. He wished the plan had been prefaced with a Bill of Rights, & would second a Motion if made for the purpose. It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours.

M^r Gerry concurred in the idea & moved for a Committee to prepare a Bill of Rights. Col: Mason 2^{ded} the motion.

M^r 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 Com^e to prepare a Bill of Rights

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

The Clause relating to exports being reconsidered, at the instance of Col: Mason, who urged that the restriction on the States would prevent the incidental duties necessary for the inspection & safekeeping of their produce, and be ruinous to the Staple States, as he called the five Southern States, he moved as follows--"provided nothing herein contained shall be construed to restrain any State from laying duties upon exports for the sole purpose of defraying the charges of inspecting, packing, storing and indemnifying the losses in keeping the commodities in the care of public officers, before exportation." In answer to a remark which he anticipated, to wit, that the States could provide for these expences, by a tax in some other way, he stated the inconveniency of requiring the Planters to pay a tax before the actual delivery for exportation.

M^r Madison 2^{ded} the motion. It would at least be harmless; and might have the good effect of restraining the States to bona fide duties for the purpose, as well as of authorizing explicitly such duties; tho' perhaps the best guard against an abuse of the power of the States on this subject, was the right in the Gen^l Government to regulate trade between State & State.

M^r Gov^r Morris saw no objection to the motion. He did not consider the dollar per Hhd laid on Tob^o in Virg^a as a duty on exportation, as no drawback would be allowed on Tob^o taken out of the Warehouse for internal consumption.

M^r Dayton was afraid the proviso w^d enable Pennsylv^a to tax N. Jersey under the idea of Inspection duties of which Pen^a would Judge.

M^r Gorham & M^r Langdon, thought there would be no security if the proviso sh^d be agreed to, for the States exporting thro' other States, ag^{st} these oppressions of the latter. How was redress to be obtained in case duties should be laid beyond the purpose expressed?

M^r Madison. There will be the same security as in other cases. The jurisdiction of the supreme Court must be the source of redress. So far only had provision been made by the plan ag^{st} injurious acts of the States. His own opinion was, that this was sufficient. A negative on the State laws alone could meet all the shapes which these could assume. But this had been overruled.

M^r Fitzimmons. Incidental duties on Tob^o & flour never have been & never can be considered as duties on exports.

M^r Dickinson. Nothing will save the States in the situation of N. Hampshire N. Jersey Delaware &c. from being oppressed by their neighbors, but requiring the assent of Cong^s to inspection duties. He moved that this assent sh^d accordingly be required.

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

Adjourned.

THURSDAY SEP^R 13. 1787. IN CONVENTION

Col. Mason.[93] He had moved without success for a power to make sumptuary regulations. He had not yet lost sight of his object. After descanting on the extravagance of our manners, the excessive consumption of foreign superfluities, and the necessity of restricting it, as well with oeconomical as republican views, he moved that a Committee be appointed to report articles of association for encouraging by the advice the influence and the example of the members of the Convention, oeconomy frugality and american manufactures.

[93] The dissensions among the Virginia delegates had leaked
out, for Joseph Jones, Fredericksburg, September 13, 1787,
wrote to Madison that a rumor of their disagreement was
current in Virginia.--Chicago Historical Society MSS.

Doc^r Johnson 2^{ded} the motion which was without debate agreed to, nem: con: and a Committee appointed, consisting of Col: Mason, Doc^r Franklin, M^r Dickenson, Doc^r Johnson and M^r Livingston.[94]

[94] This motion, & appointment of the Co[~m]ittee, not in the
printed Journal. No report was made by the Com^e--Madison's
Note.

Col: Mason renewed his proposition of yesterday on the subject of inspection laws, with an additional clause giving to Congress a controul over them in case of abuse--as follows:

"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, and indemnifying the losses on such produce, while in
the custody of public officers: but all such regulations shall
in case of abuse, be subject to the revision and controul of
Congress."

There was no debate & on the question

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

The Report from the committee of stile & arrangement, was taken up, in order to be compared with the articles of the plan as agreed to by the House & referred to the Committee, and to receive the final corrections and sanction of the Convention.

Art: 1, sect. 2. On motion of M^r Randolph the word "servitude" was struck out, and "service" unanimously[95] inserted, the former being thought to express the condition of slaves, & the latter the obligations of free persons.

[95] See page 372 of the printed Journal.--Madison's Note.

M^r Dickenson & M^r Wilson moved to strike out, "and direct taxes," from sect. 2, art. 1, as improperly placed in a clause relating merely to the Constitution of the House of Representatives.

M^r Gov^r Morris. The insertion here was in consequence of what had passed on this point; in order to exclude the appearance of counting the negroes in _the Representation_. The including of them may now be referred to the object of direct taxes, and incidentally only to that of Representation.

On the motion to strike out "and direct taxes" from this place

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

Art. 1, sect. 7.--"if any bill shall not be returned by the president within ten days (sundays excepted) after it shall have been presented to him &c."

M^r Madison moved to insert between "after" and "it" in sect. 7, Art. 1 the words "the day on which," in order to prevent a question whether the day on which the bill be presented ought to be counted or not as one of the ten days.

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

M^r Governe^r Morris. The amendment is unnecessary. The law knows no fractions of days.

A number of members being very impatient & calling for the question

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

Doc^r Johnson made a further report from the Committee of stile &c. of the following resolutions to be substituted for 22 & 23 articles.

"Resolved that the preceding Constitution be laid before the U.
States in Congress assembled, and that it is the opinion of this
Convention, that it should afterwards be submitted to a
Convention of Delegates chosen in each State by the people
thereof, under the recommendation of its Legislature, for their
assent & ratification; & that each Convention assenting &
ratifying the same should give notice thereof to the U. S. in
Cong^s assembled.

"Resolved that it is the opinion of this Convention that as soon
as the Conventions of nine States, shall have ratified this
Constitution, the U. S. in Cong^s assembled should fix a day on
which electors should be appointed by the States which shall
have ratified the same; and a day on which the Electors should
assemble to vote for the President; and the time and place for
commencing proceedings under this Constitution--That after such
publication the Electors should be appointed, and the Senators
and Representatives elected: That the Electors should meet on
the day fixed for the election of the President, and should
transmit their votes certified signed, sealed and directed, as
the Constitution requires, to the Secretary of the U. States in
Cong^s assembled: that the Senators and Representatives should
convene at the time & place assigned: that the Senators should
appoint a President for the sole purpose of receiving, opening,
and counting the votes for President, and that after he shall be
chosen, the Congress, together with the President should without
delay proceed to execute this Constitution."

Adjourned.

FRIDAY SEP^R 14^{TH}. 1787. IN CONVENTION

The Report of the Committee of stile & arrangement being resumed,

M^r Williamson moved to reconsider in order to increase the number of Representatives fixed for the first Legislature. His purpose was to make an addition of one half generally to the number allotted to the respective States; and to allow two to the smallest States.

On this motion

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. no. Geo. no.

Art. I. sect. 3. the words "by lot"[96] were struck out nem: con: on motion of M^r Madison, that some rule might prevail in the rotation that would prevent both the members from the same State from going out at the same time.

[96] "By lot" had been reinstated from the Report of five Aug.
6. as a correction of the printed report by the Com^e of
stile & arrangement.--Madison's Note.

"Ex officio" struck out of the same section as superfluous; nem: con; and "or affirmation" after "oath" inserted also unanimously.

M^r Rutlidge and M^r Gov^r Morris moved "that persons impeached be suspended from their office until they be tried and acquitted."

M^r Madison. The President is made too dependent already on the Legislature by the power of one branch to try him in consequence of an impeachment by the other. This intermediate suspension, will put him in the power of one branch only. They can at any moment, in order to make way for the functions of another who will be more favorable to their views, vote a temporary removal of the existing magistrate.

M^r King concurred in the opposition to the amendment.

On the question to agree to it

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. ay. Geo. ay.

Art. I. sect. 4. "except as to the places of choosing Senators" was added nem: con: to the end of the first clause, in order to exempt the seats of Gov^t in the States from the power of Congress.

Art. I. Sect. 5. "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."

Col: Mason & M^r Gerry moved to insert after the word "parts," the words "of the proceedings of the Senate" so as to require publication of all the proceedings of the House of Representatives.

It was intimated on the other side that cases might arise where secrecy might be necessary in both Houses. Measures preparatory to a declaration of war in which the House of Rep^s was to concur, were instanced.

On the question, it passed in the negative.

N. H. no. (Rh. I. abs.) Mas. no. Con: no,(N. Y. abs.) N. J. no.
Pen. ay. Del. no. Mary. ay. Virg. no. N. C. ay. S. C. div^d.
Geor. no.

M^r Baldwin observed that the clause, Art. I. Sect. 6. declaring that no member of Cong^s "during the time for which he was elected, shall be appointed to any Civil office under the authority of the U. S. which shall have been created, or the emoluments whereof shall have been increased during such time," would not extend to offices _created by the Constitution_; and the salaries of which would be created, _not increased_ by Cong^s at their first session. The members of the first Cong^s consequently might evade the disqualification in this instance.--He was neither seconded nor opposed; nor did any thing further pass on the subject.

Art. I. Sect. 8. The Congress "may by joint ballot appoint a Treasurer"

M^r Rutlidge moved to strike out this power, and let the Treasurer be appointed in the same manner with other officers.

M^r Gorham & M^r 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.

M^r Gov^r Morris remarked that if the Treasurer be not appointed by the Legislature, he will be more narrowly watched, and more readily impeached.

M^r Sherman. As the two Houses appropriate money, it is best for them to appoint the officer who is to keep it; and to appoint him as they make the appropriation, not by joint but several votes.

Gen^l Pinkney. The Treasurer is appointed by joint ballot in South Carolina. The consequence is that bad appointments are made, and the Legislature will not listen to the faults of their own officer.

On the motion to strike out

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. ay. Geo. ay.

Art I sect. 8. "but all such duties imposts & excises, shall be uniform throughout the U. S." were unanimously annexed to the power of taxation.

To define & punish piracies and felonies on the high seas, and "punish" offences against the law of nations.

M^r Gov^r Morris moved to strike out "punish" before the words "offences ag^{st} the law of nations," so as to let these be _definable_ as well as punishable, by virtue of the preceding member of the sentence.

M^r Wilson hoped the alteration would by no means be made. To pretend to _define_ the law of nations which depended on the authority of all the civilized nations of the world, would have a look of arrogance, that would make us ridiculous.

M^r Gov^r Morris. The word _define_ is proper when applied to _offences_ in this case; the law of nations being often too vague and deficient to be a rule.

On the question to strike out the word "punish" it passed in the affirmative

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

Doc^r Franklin moved[97] to add after the words "post roads" Art. I. Sect. 8. "a power to provide for cutting canals where deemed necessary."

[97] This motion by D^r Franklin not stated in the printed
Journal, as are some other motions.--Madison's Note.

Wilson 2^{ded} the motion.

M^r Sherman objected. The expence in such cases will fall on the U. States, and the benefit accrue to the places where the canals may be cut.

M^r Wilson. Instead of being an expence to the U. S. they may be made a source of revenue.

M^r Madison suggested an enlargement of the motion into a power "to grant charters of incorporation where the interest of the U. S. might require & the legislative provisions of individual States may be incompetent." His primary object was however to secure an easy communication between the States which the free intercourse now to be opened, seemed to call for. The political obstacles being removed, a removal of the natural ones as far as possible ought to follow. M^r Randolph 2^{ded} the proposition.

M^r King thought the power unnecessary.

M^r Wilson. It is necessary to prevent _a State_ from obstructing the _general_ welfare.

M^r King. The States will be prejudiced and divided into parties by it. In Philad^a & New York. It will be referred to the establishment of a Bank, which has been a subject of contention in those Cities. In other places it will be referred to mercantile monopolies.

M^r Wilson mentioned the importance of facilitating by canals, the communication with the Western settlements. As to Banks he did not think with M^r King that the power in that point of view would excite the prejudices & parties apprehended. As to mercantile monopolies they are already included in the power to regulate trade.

Col: Mason was for limiting the power to the single case of Canals. He was afraid of monopolies of every sort, which he did not think were by any means already implied by the Constitution as supposed by M^r Wilson.

The motion being so modified as to admit a distinct question specifying & limited to the case of canals,

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. ay.

The other part fell of course, as including the power rejected.

M^r Madison & M^r Pinkney then moved to insert in the list of powers vested in Congress a power--"to establish an University, in which no preferences or distinctions should be allowed on account of Religion."

M^r Wilson supported the motion.

M^r Gov^r Morris. It is not necessary. The exclusive power at the Seat of Government, will reach the object.

On the question

N. H. no. Mas. no. Con^t div^d. D^r Johnson ay. M^r Sherman no.
N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay.
Geo. no.

Col: Mason, being sensible that an absolute prohibition of standing armies in time of peace might be unsafe, and wishing at the same time to insert something pointing out and guarding against the danger of them, moved to preface the clause (Art. 1 sect. 8) "To provide for organizing, arming and disciplining the militia &c." with the words "And that the liberties of the people may be better secured against the danger of standing armies in time of peace." M^r Randolph 2^{ded} the motion.

M^r Madison was in favor of it. It did not restrain Congress from establishing a military force in time of peace if found necessary; and as armies in time of peace are allowed on all hands to be an evil, it is well to discountenance them by the Constitution, as far as will consist with the essential power of the Gov^t on that head.

M^r Gov^r Morris opposed the motion as setting a dishonorable mark of distinction on the military class of Citizens.

M^r Pinkney & M^r Bedford concurred in the opposition.

On the question

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

Col: Mason moved to strike out from the clause (art. 1 sect 9.) "no bill of attainder nor any ex post facto law shall be passed" the words "nor any ex post facto law." He thought it not sufficiently clear that the prohibition meant by this phrase was limited to cases of a criminal nature, and no Legislature ever did or can altogether avoid them in Civil cases.

M^r Gerry 2^{ded} the motion but with a view to extend the prohibition to "civil cases," which he thought ought to be done.

On the question; all the States were--no.

M^r Pinkney & M^r Gerry, moved to insert a declaration "that the liberty of the Press should be inviolably observed."

M^r Sherman. It is unnecessary. The power of Congress does not extend to the Press. On the question, it passed in the negative

N. H.[98] no. Mas. ay. C^t no. N. J. no. P^a no. Del. no.
M^d ay. V^a ay. N. C. no. S. C. ay. Geo. no.

[98] In the printed Journal N. Hampshire ay.--Madison's
Note.

Art 1. Sect. 9. "no capitation tax shall be laid, unless &c."

M^r Read moved to insert after "capitation" the words, "or other direct tax." He was afraid that some liberty might otherwise be taken to saddle the States, with a readjustment by this rule, of past requisitions of Cong^s--and that his amendment by giving another cast to the meaning would take away the pretext. M^r Williamson 2^{ded} the motion which was agreed to. On motion of Col: Mason "or enumeration" inserted after, as explanatory of "Census" Con. & S. C. only, no.[99]

[99] The words "Con. & S. C. only no" are in the handwriting of
John C. Payne, Madison's brother-in-law.

At the end of the clause "no tax or duty shall be laid on articles exported from any State" was added the following amendment conformably to a vote on the [31] of [August] viz--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.

Col. Mason moved a clause requiring "that an Account of the public expenditures should be annually published" M^r Gerry 2^{ded} the motion,

M^r Gov^r Morris urged that this w^d be impossible in many cases.

M^r King remarked, that the term expenditures went to every minute shilling. This would be impracticable. Cong^s might indeed make a monthly publication, but it would be in such general statements as would afford no satisfactory information.

M^r Madison proposed to strike out "annually" from the motion & insert "from time to time," which would enjoin the duty of frequent publications and leave enough to the discretion of the Legislature. Require too much and the difficulty will beget a habit of doing nothing. The articles of Confederation require halfyearly publications on this subject. A punctual compliance being often impossible, the practice has ceased altogether.

M^r Wilson 2^{ded}. & supported the motion. Many operations of finance cannot be properly published at certain times.

M^r Pinkney was in favor of the motion.

M^r Fitzimmons. It is absolutely impossible to publish expenditures in the full extent of the term.

M^r Sherman thought "from time to time" the best rule to be given.

"Annual" was struck out--& those words--inserted nem: con:

The motion of Col: Mason so amended was then agreed to nem: con: and added after--"appropriations by law" as follows--"And a regular statement and account of the receipts & expenditures of all public money shall be published from time to time."

The first clause of Art. 1 Sect. 10--was altered so as to read--"no State shall enter into any Treaty alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold & silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility."

M^r Gerry entered into observations inculcating the importance of public faith, and the propriety of the restraint put on the States from impairing the obligation of contracts, alledging that Congress ought to be laid under the like prohibitions, he made a motion to that effect. He was not 2^{ded}.

Adjourned.

SATURDAY SEP^R 15^{TH}. 1787. IN CONVENTION

M^r Carrol reminded the House that no address to the people had yet been prepared. He considered it of great importance that such an one should accompany the Constitution. The people had been accustomed to such on great occasions, and would expect it on this. He moved that a Committee be appointed for the special purpose of preparing an address.

M^r Rutlidge 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.

M^r Sherman concurred in the opinion that an address was both unnecessary and improper.

On the motion of M^r Carrol

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay.
V^a ay. N. C.[100] abs^t. S. C.[100] no. Geo. no.

[100] In the printed Journal N. Carolina no--S. Carol:
omitted.--Madison's Note.

M^r Langdon. Some gentlemen have been very uneasy that no increase of the number of Representatives has been admitted. It has in particular been thought that one more ought to be allowed to N. Carolina. He was of opinion that an additional one was due both to that State and to Rho: Island, & moved to reconsider for that purpose.

M^r Sherman. When the Committee of eleven reported the apportionment--five Representatives were thought the proper share of N. Carolina. Subsequent information however seemed to entitle that State to another.

On the motion to reconsider

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

M^r Langdon moved to add 1 member to each of the Representations of N. Carolina & Rho: Island.[101]

[101] The MS. official Journal says: "It was moved and seconded
to"----and here finally ends, and the minutes for September
15 are crossed out (Const. MSS.). They are given in the
printed Journal, and a note says the journal for that day
and Monday was completed from minutes furnished by Madison
(p. 379). October 22, 1818, Adams wrote to Madison asking
him to complete the Journal. He replied from Montpelier,
November 2:

"I have received your letter of 22 ult: and enclose such
extracts from my notes relating to the two last days of the
Constitution, as may fill in the chasm in the Journals,
according to the mode in which the proceedings are
recorded."--State Dept. MSS., Miscl. Letters.

Later (June 18, 1819) Adams sent him lists of yeas and nays,
and he replied (Montpelier, June 27, 1819): "I return the
list of yeas & nays in the Convention, with the blanks
filled in according to your request, as far as I could do it
by tracing the order of the yeas & nays & their coincidency
with those belonging to successive questions in my
papers."--Mad. MSS.

M^r King was ag^{st} any change whatever as opening the door for delays. There had been no official

proof that the numbers of N. C. are greater than before estimated, and he never could sign the Constitution if Rho: Island is to be allowed two members that is one fourth of the number allowed to Massts., which will be known to be unjust.

M^r Pinkney urged the propriety of increasing the number of Rep^s allotted to N. Carolina.

M^r Bedford contended for an increase in favor of Rho: Island, and of Delaware also it passed in the negative.

On the question for allowing two Rep^s to Rho: Island, it passed in the negative.

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

On the question for allowing six to N. Carolina, it passed in the negative

N. H. no. Mas. 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.

Art 1. Sect. 10. (paragraph 2) "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 U. States."

In consequence of the proviso moved by Col: Mason; and agreed to on the 13 Sep^r, this part of the section was laid aside in favor of the following substitute viz: "No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its Inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the U. S.; and all such laws shall be subject to the revision and controul of the Congress"

On a motion to strike out the last part "and all such laws shall be subject to the revision and controul of the Congress" it passed in the negative.

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

The substitute was then agreed to; Virg^a alone being in the negative.

The remainder of the paragraph being under consideration--viz--"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 imminent as not to admit of delay, until Congress can be consulted."

M^r M^cHenry & M^r Carrol moved that "no State shall be restrained from laying duties of tonnage for the purpose of clearing harbours and erecting lighthouses."

Col. Mason in support of this explained and urged the situation of the Chesapeak which peculiarly required expences of this sort.

M^r Gov^r Morris. The States are not restrained from laying tonnage as the Constitution now stands. The exception proposed will imply the contrary, and will put the States in a worse condition than the gentleman (Col. Mason) wishes.

M^r Madison. Whether the States are now restrained from laying tonnage duties, depends on the extent of the power "to regulate commerce." These terms are vague, but seem to exclude this power of the States. They may certainly be restrained by Treaty. He observed that there were other objects for tonnage Duties as the support of seamen &c. He was more & more convinced that the regulation of Commerce was in its nature indivisible and ought to be wholly under one authority.

M^r Sherman. The power of the U. States to regulate trade being supreme can controul interferences of the State regulations when such interferences happen; so that there is no danger to be apprehended from a concurrent jurisdiction.

M^r Langdon insisted that the regulation of tonnage was an essential part of the regulation of trade, and that the States ought to have nothing to do with it. On motion "that no State shall lay any duty on tonnage without the consent of Congress."

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

The remainder of the paragraph was then remoulded and passed as follows viz--"No State shall without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."

Art II. sect. 1. (paragraph 6) "or the period for chusing another president arrive" were changed into "or a President shall be elected" conformably to a vote of the ---- of ----.

M^r Rutlidge and Doc^r Franklin moved to annex to the end of paragraph 7. Sect. 1. Art II--"and he (the President) shall not receive, within that period, any other emolument from the U. S. or any of them." on which question

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

Art: II. Sect. 2. "he shall have power to grant reprieves and pardons for offences against the U. S. &c."

M^r Randolph moved to except "cases of treason." The prerogative of pardon in these cases was too great a trust. The President may himself be guilty. The Traitors may be his own instruments.

Col: Mason supported the motion.

M^r Gov^r Morris had rather there should be no pardon for treason, than let the power devolve on the Legislature.

M^r Wilson. Pardon is necessary for cases of treason, and is best placed in the hands of the Executive. If he be himself a party to the guilt he can be impeached and prosecuted.

M^r King thought it would be inconsistent with the Constitutional separation of the Executive & Legislative powers to let the prerogative be exercised by the latter. A Legislative body is utterly unfit for the purpose. They are governed too much by the passions of the moment. In Massachusetts, one assembly would have hung all the insurgents in that State: the next was equally disposed to pardon them all. He suggested the expedient of requiring the concurrence of the Senate in acts of Pardon.

M^r Madison admitted the force of objections to the Legislature, but the pardon of treasons was so peculiarly improper for the President that he should acquiesce in the transfer of it to the former, rather than leave it altogether in the hands of the latter. He would prefer to either an association of the Senate as a Council of advice, with the President.

M^r Randolph could not admit the Senate into a share of the power. The great danger to liberty lay in a combination between the President & that body.

Col: Mason. The Senate has already too much power. There can be no danger of too much lenity in legislative pardons, as the Senate must concur, & the President moreover can require 2/3 of both Houses.

On the motion of M^r Randolph

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

Art II. Sect. 2. (paragraph 2) To the end of this, M^r Govern^r Morris moved to annex "but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the Courts of law, or in the heads of Departments." M^r Sherman 2^{ded} the motion.

M^r Madison. It does not go far enough if it be necessary at all. Superior officers below Heads of Departments ought in some cases to have the appointment of the lesser offices.

M^r Gov^r Morris. There is no necessity. Blank commissions can be sent--

On the motion

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

The motion being lost by an equal division of votes. It was urged that it be put a second time some such provision being too necessary to be omitted, and on a second question it was agreed to nem: con.

Art. II. Sect. 1. The words "and not per capita" were struck out as superfluous and the words "by the Representatives" also--as improper, the choice of President being in another mode as well as eventually by the House of Rep^s.

Art II. Sect. 2. After "officers of the U. S. whose appointments are not otherwise provided for," were added the words "and which shall be established by law."

Art III. Sect. 2. parag: 3. M^r Pinkney & M^r Gerry moved to annex to the end, "And a trial by jury shall be preserved as usual in civil cases."

M^r Gorham. The constitution of Juries is different in different States and the trial itself is _usual_ in different cases in different States.

M^r King urged the same objections.

Gen^l Pinkney also. He thought such a clause in the Constitution would be pregnant with embarrassments.

The motion was disagreed to nem: con:

Art. IV. Sect. 2. parag: 3. the term "legally" was struck out, and "under the laws thereof" inserted after the word "State" in compliance with the wish of some who thought the term legal equivocal, and favoring the idea that slavery was legal in a moral view.

Art. IV. Sect 3. "New States may be admitted by the Congress into this Union: but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Cong^s."