University of Virginia Library

Wednesday Sepr. 12. 1787. In Convention

Docr. 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.[69]

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[70] 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
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.

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,[71]
President of the senate, but shall have no vote, unless they
be equally divided.

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 [72] three-fourths [73] of the
Senate and House of Representatives, according to the rules
and limitations prescribed in the case of a bill.

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.[74]

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 [75] offences against the law of nations.

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.[76]

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.[77] [78] 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.

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,[79] 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,[80]
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.

The Congress may determine the time of chusing the
electors, and the time in[81] which they shall give their votes;
but the election shall be on the same day[82] throughout the
United States.

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 ofiicer shall act accordingly, until
the disability be removed, or the period for chusing another
president arrive.[83]

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."

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,[84]
and he shall have power to grant reprieves and pardons
for offences against the United States, except in cases of
impeachment.

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 aad 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 regulatians 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[85] of the
legislatures [86] 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[87] the legislatures [88] 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
—[89] and [90] —section [91] of [92] article

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.[93]

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 fœderal 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—

Mr. Williamson moved to reconsider the clause requiring
three fourths of each House to overrule the
negative of the President, in order to strike out 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.

Mr. Sherman was of the same opinion; adding that
the States would not like to see so small a minority
and the President, prevailing over the general voice.
In making laws regard should be had to the sense of
the people, who are to be bound by them, and it was
more probable that a single man should mistake or
betray this sense than the Legislature.

Mr. Govr. Morris. Considering the difference between
the two proportions numerically, it amounts
in one House to two members only; and in the
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.

Mr. 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.

Mr. 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.

Mr. 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 Mr. Govr. 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.

Mr. Govr. 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.

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

Mr. 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. divd. Mas. no. Ct. ay. N. J. ay. Pa. no.
Del. no. Md. ay. Mr. McHenry no. Va. no. Genl.
Washington Mr. Blair, Mr. Madison no. Col. Mason,
Mr. Randolph ay. N. C. ay. S. C. ay. Geo. ay.

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

Mr. Gorham. It is not possible to discriminate
equity cases from those in which juries are proper.
The Representatives of the people may be safely
trusted in this matter.

Mr. Gerry urged the necessity of Juries to guard
agst. corrupt Judges. He proposed that the Committee
last appointed should be directed to provide
a clause for securing the trial by Juries.

Col: Mason perceived the difficulty mentioned by
Mr. 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.

Mr. Gerry concurred in the idea & moved for a
Committee to prepare a Bill of Rights. Col: Mason
2ded. the motion.

Mr. Sherman, was for securing the rights of the
people where requisite. The State Declarations of
Rights are not repealed by this Constitution; and
being in force are sufficient. There are many cases
where juries are proper which cannot be discriminated.
The Legislature may be safely trusted.

Col: Mason. The laws of the U. S. are to be paramount
to State Bills of Rights. On the question
for a Come. to prepare a Bill of Rights

N. H. no. Mas. abst. Ct. no. N. J. no. Pa. no.
Del. no. Md. no. Va. 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.

Mr. Madison 2ded. 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
Genl. Government to regulate trade between State
& State.

Mr. Govr. Morris saw no objection to the motion.
He did not consider the dollar per Hhd laid on Tob°.
in Virga. as a duty on exportation, as no drawback
would be allowed on Tob°. taken out of the Warehouse
for internal consumption.

Mr. Dayton was afraid the proviso wd. enable Pennsylva.
to tax N. Jersey, under the idea of Inspection
duties of which Pena. would Judge.

Mr. Gorham & Mr. Langdon, thought there would
be no security if the proviso shd. be agreed to, for
the States exporting thro' other States, agst. these
oppressions of the latter. How was redress to be
obtained in case duties should be laid beyond the
purpose expressed?

Mr. 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 agst. 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.

Mr. Fitzimmons. Incidental duties on Tob°. &
flour never have been & never can be considered as
duties on exports.

Mr. 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 Congs. to inspection duties.
He moved that this assent shd. accordingly
be required.

Mr. Butler 2ded. the motion.

Adjourned

Thursday Sepr. 13. 1787. In Convention

Col. Mason.[94] 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 œconomical 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, œconomy frugality
and american manufactures.

Docr. Johnson 2ded. the motion which was without
debate agreed to, nem: con: and a Committee appointed,
consisting of Col: Mason, Docr. Franklin,
Mr. Dickenson, Docr. Johnson and Mr. Livingston.[95]

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. Ct. ay. Pa. no. Del. no.
Md. ay. Va. 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 Mr. Randolph the

word "servitude" was struck out, and "service"
unanimously[96] inserted, the former being thought to
express the condition of slaves, & the latter the obligations
of free persons.

Mr. Dickenson & Mr. 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.

Mr. Govr. 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. Ct. no. N. J.
ay. Pa. no. Del. ay. Md. ay. Va. 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"

Mr. 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.

Mr. Randolph 2ded. the motion.

Mr. Governer. 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. Ct. no.
N. J. no. Pa. ay. Del. no. Md. ay. Va. ay. N.
C. no. S. C. no. Geo. no—

Docr. 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 Congs. 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 Congs.
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 Congs. 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 SepR. 14th. 1787. In Convention

The Report of the Committee of stile & arrangement
being resumed

Mr. 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. Ct. no. N. J. no. Pa. ay.
Del. ay. Md. ay. Va. ay. N. C. ay. S. C. no. Geo.
no.

Art. 1. sect. 3. the words "by lot"[97] were struck
out nem: con: on motion of Mr. 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.

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

Mr. Rutlidge and Mr. Govr. Morris moved "that
persons impeached be suspended from their office
until they be tried and acquitted"

Mr. 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.

Mr. King concurred in the opposition to the amendment

On the question to agree to it

N. H. no. Mas. no. Ct. ay. N. J. no. Pa. no.
Del. no. Md. no. Va. no. N. C. no. S. C. ay. Geo.
ay.

Art. 1. 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 Govt. in
the States from the power of Congress.

Art. 1. 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 & Mr. 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 Reps. 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. divd. Geor. no.

Mr. Baldwin observed that the clause, Art. 1. Sect.
6. declaring that no member of Congs. "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 Congs. at their first session. The
members of the first Congs. consequently might evade
the disqualification in this instance.—He was neither
seconded nor opposed; nor did any thing further
pass on the subject.

Art. 1. Sect. 8. The Congress "may by joint ballot
appoint a Treasurer"

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

Mr. Gorham & Mr. King said that the motion, if
agreed to, would have a mischievous tendency. The

people are accustomed & attached to that mode of
appointing Treasurers, and the innovation will multiply
objections to the system.

Mr. Govr. Morris remarked that if the Treasurer be
not appointed by the Legislature, he will be more
narrowly watched, and more readily impeached.

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

Genl. 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. Ct. ay. N. J. ay. Pa. no.
Del. ay. Md. ay. Va. no. N. C. ay. S. C. ay. Geo.
ay.

Art 1 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.

Mr. Govr. Morris moved to strike out "punish" before
the words "offences agst. the law of nations," so
as to let these be definable as well as punishable,
by virtue of the preceding member of the sentence.

Mr. 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.

Mr. Govr. 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.
Ct. ay. N. J. ay. Pa. no. Del. ay. Md. no. Va. no.
N. C. ay. S. C. ay. Geo. no.

Docr. Franklin moved[98] to add after the words
"post roads" Art 1. Sect. 8. "a power to provide
for cutting canals where deemed necessary"

Mr. Wilson 2ded. the motion

Mr. 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.

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

Mr. 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. Mr. Randolph 2ded. the
proposition.

Mr. King thought the power unnecessary.

Mr. Wilson. It is necessary to prevent a State from
obstructing the general welfare.

Mr. King. The States will be prejudiced and
divided into parties by it. In Philada. & 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.

Mr. Wilson mentioned the importance of facilitating
by canals, the communication with the Western
settlements. As to Banks he did not think with Mr.
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 Mr. Wilson.

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

N. H. no. Mas. no. Ct. no. N. J. no. Pa. ay.
Del. no. Md no. Va. ay. N. C. no. S. C. no. Geo.
ay.

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

Mr. Madison & Mr. 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."

Mr. Wilson supported the motion

Mr. Govr. 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. Cont. divd. Dr. Johnson ay.
Mr. Sherman no. N. J. no. Pa. ay. Del. no. Md.
no. Va. 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" Mr. Randolph 2ded. the motion

Mr. 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 Govt. on that head.

Mr. Govr. Morris opposed the motion as setting a
dishonorable mark of distinction on the military
class of Citizens

Mr. Pinkney & Mr. Bedford concurred in the opposition.

On the question

N. H. no. Mas. no. Ct. no. N. J. no. Pa. no.
Maryd. no. Va. 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.

Mr. Gerry 2ded. 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

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

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

N. H.[99] no. Mas. ay. Ct. no. N. J. no. Pa. no.
Del. no. Md. ay. Va. ay. N. C. no. S. C. ay: Geo.
no.

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

Mr. 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 Congs.—and that his amendment by
giving another cast to the meaning would take away
the pretext. Mr. Williamson 2ded. the motion which
was agreed to. On motion of Col: Mason "or enumeration"
inserted after, as explanatory of "Census"
Con. & S. C. only, no.[100]

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" Mr. Gerry 2ded. the motion

Mr. Govr. Morris urged that this wd. be impossible
in many cases.

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

Mr. 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.

Mr. Wilson 2ded. & supported the motion. Many
operations of finance cannot be properly published
at certain times.

Mr. Pinkney was in favor of the motion.

Mr. Fitzimmons. It is absolutely impossible to
publish expenditures in the full extent of the term.

Mr. 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."

Mr. 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 2ded.

Adjourned.