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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 
 
 

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Monday May 28.—
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Monday May 28.

From Massts. Nat: Gorham & Caleb Strong. From
Connecticut Oliver Elseworth. From Delaware,
Gunning Bedford. From Maryland James Mc Henry.
From Penna. B. Franklin, George Clymer, Ths. Mifflin
& Jared Ingersol, took their seats.[10]


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Mr. Wythe[11] from the Committee for preparing
rules made a report which employed the deliberations
of this day.

Mr. King[12] objected to one of the rules in the Report
authorizing any member to call for the yeas &
nays and have them entered on the minutes. He
urged that as the acts of the Convention were not
to bind the Constituents, it was unnecessary to
exhibit this evidence of the votes; and improper
as changes of opinion would be frequent in the
course of the business & would fill the minutes with
contradictions.


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Col. Mason[13] seconded the objection; adding that
such a record of the opinions of members would be
an obstacle to a change of them on conviction; and
in case of its being hereafter promulged must furnish
handles to the adversaries of the Result of the
Meeting.

The proposed rule was rejected nem. contrad
certe. The standing rules[14] agreed to were as follows:[15]

Viz.

A House to do business shall consist of the Deputies
of not less than seven States; and all questions
shall be decided by the greater number of these


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which shall be fully represented; but a less number
than seven may adjourn from day to day.

Immediately after the President shall have taken
the chair, and the members their seats, the minutes
of the preceding day shall be read by the Secretary.

Every member, rising to speak, shall address the
President; and whilst he shall be speaking, none
shall pass between them, or hold discourse with
another, or read a book, pamphlet or paper, printed
or manuscript—and of two members rising at the
same time, the President shall name him who shall
be first heard.

A member shall not speak oftener than twice, without
special leave, upon the same question; and not
the second time, before every other, who had been
silent, shall have been heard, if he choose to speak
upon the subject.

A motion made and seconded, shall be repeated,
and if written, as it shall be when any member shall
so require, read aloud by the Secretary, before it
shall be debated; and may be withdrawn at any
time, before the vote upon it shall have been declared.

Orders of the day shall be read next after the
minutes, and either discussed or postponed, before
any other business shall be introduced.

When a debate shall arise upon a question, no
motion, other than to amend the question, to commit
it, or to postpone the debate shall be received.

[16] A question which is complicated, shall, at the


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request of any member, be divided, and put separately
on the propositions of which it is compounded.

The determination of a question, altho' fully debated,
shall be postponed, if the deputies of any
State desire it until the next day.

A writing which contains any matter brought on
to be considered, shall be read once throughout for
information, then by paragraphs to be debated, and
again, with the amendments, if any, made on the
second reading; and afterwards the question shall
be put on the whole, amended, or approved in its
original form, as the case shall be.

Committees shall be appointed by ballot; and the
members who have the greatest number of ballots,
altho' not a majority of the votes present, shall be
the Committee. When two or more members have
an equal number of votes, the member standing first
on the list in the order of taking down the ballots,
shall be preferred.

A member may be called to order by any other
member, as well as by the President; and may be
allowed to explain his conduct or expressions supposed
to be reprehensible. And all questions of
order shall be decided by the President without
appeal or debate.

Upon a question to adjourn for the day, which
may be made at any time, if it be seconded, the
question shall be put without a debate.

When the House shall adjourn, every member
shall stand in his place, until the President pass him.


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A letter from sundry persons of the State of
Rho. Island addressed to the Honorable The Chairman
of the General Convention was presented to
the Chair by Mr. Govr. Morris,[17] and being read,[18] was


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ordered to lie on the table for further consideration.


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Mr. Butler[19] moved that the House provide agst
interruption of business by absence of members, and


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against licentious publications of their proceedings
—to which was added by—Mr. Spaight[20] —a motion
to provide that on the one hand the House might
not be precluded by a vote upon any question, from
revising the subject matter of it, When they see cause,
nor, on the other hand, be led too hastily to rescind a
decision, which was the result of mature discussion.
—Whereupon it was ordered that these motions be
referred for the consideration of the Committee appointed
to draw up the standing rules and that the
Committee make report thereon.

Adjj. till tomorrow 10. OClock.

 
[10]

"Entre nous. I believe the Eastern people have taken ground
they will not depart from respecting the Convention.—One legislature
composed of a lower-house triennially elected and an Executive &
Senate for a good number of years.—I shall see Gerry & Johnson, as
they pass & may perhaps give you a hint."—William Grayson to
Madison, New York, May 24, 1787, Mad. MSS.

[11]

"Mr Wythe is the famous Professor of Law at the University of
William and Mary. He is confessedly one of the most learned legal
Characters of the present age. From his close attention to the study
of general learning he has acquired a compleat knowledge of the dead
languages and all the sciences. He is remarked for his exemplary life,
and universally esteemed for his good principles. No Man it is said
understands the history of Government better than Mr. Wythe,—nor
any one who understands the fluctuating condition to which all societies
are liable better than he does, yet from his too favorable opinion
of Men, he is no great politician. He is a neat and pleasing Speaker,
and a most correct and able Writer. Mr. Wythe is about 55 years of
age."—Pierce's Notes, Am. Hist. Rev., iii., 331.

[12]

"Mr. King is a Man much distinguished for his eloquence and
great parliamentary talents. He was educated in Massachusetts, and
is said to have good classical as well as legal knowledge. He has served
for three years in the Congress of the United States with great and
deserved applause, and is at this time high in the confidence and approbation
of his Country-men. This Gentleman is about thirty three
years of age, about five feet ten inches high, well formed, an handsome
face, with a strong expressive Eye, and a sweet high toned voice. In
his public speaking there is something peculiarly strong and rich in
his expression, clear, and convincing in his arguments, rapid and
irresistible at times in his eloquence but he is not always equal. His
action is natural, swimming, and graceful, but there is a rudeness of
manner sometimes accompanying it. But take him tout en semble, he
may with propriety be ranked among the luminaries of the present
Age."—Pierce's Notes, Id., iii., 325.

[13]

"Mr. Mason is a Gentleman of remarkable strong powers, and
possesses a clear and copious understanding. He is able and convincing
in debate, steady and firm in his principles, and undoubtedly one
of the best politicians in America. Mr. Mason is about 60 years old,
with a fine strong constitution."—Pierce's Notes, Am. Hist. Rev., iii.,
331.

[14]

Previous to the arrival of a majority of the States, the rule by
which they ought to vote in the Convention had been made a subject
of conversation among the members present. It was pressed by
Governeur Morris and favored by Robert Morris and others from
Pennsylvania, that the large States should unite in firmly refusing to
the small states an equal vote, as unreasonable, and as enabling the
small States to negative every good system of Government, which
must, in the nature of things, be founded on a violation of that equality.
The members from Virginia, conceiving that such an attempt
might beget fatal altercations between the large & small States, and
that it would be easier to prevail on the latter, in the course of the
deliberations, to give up their equality for the sake of an effective
Government, than on taking the field of discussion to disarm themselves
of the right & thereby throw themselves on the mercy of the
larger States, discountenanced and stifled the project.—Madison's
Note.

[15]

In the MS. Madison adds: "[See the Journal & copy here the
printed rules]," and they were copied by him from the Journal of the
Federal Convention (1819)
. They have been compared with the MS.
journal and found to be correct.

[16]

An undecided line is drawn through the page in the MS. from here
to the end of the rules; but not, as it would appear, to strike them out,
as they were actually adopted by the Convention.

[17]

"Mr. Governeur Morris is one of those Genius's in whom every
species of talents combine to render him conspicuous and flourishing
in public debate:—He winds through all the mazes of rhetoric, and
throws around him such a glare that he charms, captivates, and leads
away the senses of all who hear him. With an infinite streach of fancy
he brings to view things when he is engaged in deep argumentation,
that render all the labor of reasoning easy and pleasing. But with all
these powers he is fickle and inconstant,—never pursuing one train of
thinking,—nor ever regular. He has gone through a very extensive
course of reading, and is acquainted with all the sciences. No Man
has more wit,—nor can any one engage the attention more than Mr.
Morris. He was bred to the Law, but I am told he disliked the profession,
and turned Merchant. He is engaged in some great mercantile
matters with his namesake, Mr. Robt. Morris. This Gentleman
is about 38 years old, he has been unfortunate in losing one of his Legs,
and getting all the flesh taken off his right arm by a scald, when a
youth."—Pierce's Notes, Am. Hist. Rev., iii., 329.

[18]

"Newport June 18th 1787

"Sir

"The inclosed address, of which I presume your Excellency has
received a duplicate, was returned to me from New York after my
arrival in this State. I flattered myself that our Legislature, which
convened on monday last, would have receded from the resolution
therein refer'd to, and have complied with the recommendation of
Congress in sending deligates to the federal convention. The upper
house, or Governor, & Council, embraced the measure, but it was
negatived in the house of Assembly by a large majority, notwithstanding
the greatest exertions were made to support it.

"Being disappointed in their expectations, the minority in the
administration and all the worthy citizens of this State, whose minds
are well informd regreting the peculiarities of their Situation place
their fullest confidence in the wisdom & moderation of the national
council, and indulge the warmest hopes of being favorably consider'd
in their deliberations. From these deliberations they anticipate a
political System which must finally be adopted & from which will
result the Safety, the honour, & the happiness of the United States.

"Permit me, Sir, to observe, that the measures of our present
Legislature do not exhibit the real character of the State. They are
equally reprobated, & abhored by Gentlemen of the learned professions,
by the whole mercantile body, & by most of the respectable
farmers and mechanicks. The majority of the administration is
composed of a licentious number of men, destitute of education, and
many of them, Void of principle. From anarchy and confusion they
derive their temporary consequence, and this they endeavor to prolong
by debauching the minds of the common people, whose attention
is wholly directed to the Abolition of debts both public & private.
With these are associated the disaffected of every description, particularly
those who were unfriendly during the war. Their paper
money System, founded in oppression & fraud, they are determined
to Support at every hazard. And rather than relinquish their favorite
pursuit they trample upon the most sacred obligations. As a
proof of this they refused to comply with a requisition of Congress for
repealing all laws repugnant to the treaty of peace with Great Britain,
and urged as their principal reason, that it would be calling in question
the propriety of their former measures.

"These evils may be attributed, partly to the extreme freedom of
our own constitution, and partly to the want of energy in the federal
Union: And it is greatly to be apprehended that they cannot Speedily
be removed but by uncommon and very serious exertions. It is fortunate
however that the wealth and resources of this State are chiefly
in possion of the well Affected, & that they are intirely devoted to the
public good."I have the honor of being Sir,

"with the greatest Veneration & esteem,
"Your excellencys very obedient &
"most humble servant—

["J. M. Varnum]

"His excellency

"Gen1. Washington."

The letter was inadvertently unsigned, but it was well known to
come from General Varnum. The enclosure was as follows:
"Providence, May 11. 1787.

"Gentlemen:

"Since the Legislature of this State have finally declined sending
Delegates to Meet you in Convention for the purposes mentioned in
the Resolve of Congress of the 21st February 1787, the Merchants
Tradesmen and others of this place, deeply affected with the evils of
the present unhappy times, have thought proper to Communicate in
writing their approbation of your Meeting, And their regret that it will
fall short of a Compleat Representation of the Federal Union.—

"The failure of this State was owing to the Nonconcurrence of the
Upper House of Assembly with a Vote passed in the Lower House, for
appointing Delegates to attend the said Convention, at thier Session
holden at Newport on the first Wednesday of the present Month.—

"It is the general Opinion here and we believe of the well informed
throughout this State, that full power for the Regulation of the Commerce
of the United States, both Foreign & Domestick ought to be
vested in the National Council.

"And that Effectual Arrangements should also be made for giving
Operation to the present powers of Congress in thier Requisitions
upon the States for National purposes.—

"As the Object of this Letter is chiefly to prevent any impressions
unfavorable to the Commercial Interest of this State, from taking
place in our Sister States from the Circumstance of our being unrepresented
in the present National Convention, we shall not presume
to enter into any detail of the objects we hope your deliberations will
embrace and provide for being convinced they will be such as have a
tendency to strengthen the Union, promote Commerce, increase the
power & Establish the Credit of the United States.

"The result of your deliberations tending to these desireable purposes
we still hope may finally be Approved and Adopted by this
State, for which we pledge our Influence and best exertions.—

"In behalf of the Merchants, Tradesmen &c

"We have the Honour to be with perfect Consideration & Respect
"Your most Obedient &
"Most Humble Servant's

               
"John Brown  Jabez Bowen 
Thos. Lloyd Halsey  Nichos. Brown 
Jos. Nightingale  John Jenckes 
Levi Hall  Welcome Arnold 
Comtee. 
Philip Allen  William Russell 
Paul Allen  Jeremiah Olmy 
William Barton 

"The Honble. the Chairman of the General Convention
"Philadelphia"
Const. MSS.

Both letters are printed in the Documentary History of the Constitution,
i., 277 and 275.

[19]

"Mr. Butler is a character much respected for the many excellent
virtues which he possesses. But as a politician or an Orator, he has
no pretensions to either. He is a Gentleman of fortune, and takes
rank among the first in South Carolina. He has been appointed to
Congress, and is now a Member of the Legislature of South Carolina.
Mr. Butler is about 40 years of age; an Irishman by birth."—Pierce's
Notes, Am. Hist. Rev., iii., 333.

[20]

"Mr. Spaight is a worthy Man, of some abilities, and fortune.
Without possessing a Genius to render him brilliant, he is able to discharge
any public trust that his Country may repose in him. He is
about 31 years of age."—Pierce's Notes, Id., iii., 332.