The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2

by United States. Constitutional Convention; James Madison

Col. Mason did not mean to press the motion at this time, nor to excite any hostile passions ag^st the system. He was content to withdraw the motion for the present.

M^r Butler was for fixing by the Constitution the place, & a central one, for the seat of the Nat^l Gov^t.

The proceedings since Monday last were referred unanimously to the Com^e of detail, and the Convention then unanimously adjourned till Monday, Aug^st 6. that the Com^e of detail might have time to prepare & report the Constitution. The whole proceedings as referred are as follow [14]:

[ [14] Madison's note says: "here copy them from the Journal p. 207." In the Journal they are given as having been "collected from the proceedings of the convention, as they are spread over the journal from June 19^th to July 26^th."—Journal of Federal Convention, 207. The dates show when the resolutions were agreed to, and are correct.

June 20. I. Resolved, That the Government of the United States ought to consist of a supreme legislative, judiciary, and executive.

June 21.II. Resolved, That the legislature consist of two branches.

June 22.III. Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several states, for the term of two years; to be paid out of the publick treasury; to receive an adequate June 23. compensation for their services; to be of the age of twenty-five years at least; to be ineligible and incapable of holding any office under the authority of the United States (except those peculiarly belonging to the functions of the first branch) during the term of service of the first branch.

June 25.IV. Resolved, That the members of the second branch of the legislature of the United States ought to be chosen by the individual legislatures; to be of June 26.the age of thirty years at least; to hold their offices for six years, one third to go out biennally; to receive a compensation for the devotion of their time to the publick service; to be ineligible to and incapable of holding any office, under the authority of the United States (except those peculiarly belonging to the functions of the second branch) during the term for which they are elected, and for one year thereafter.

V. Resolved, That each branch ought to possess the right of originating acts.

Postponed 27.
July 16. VI. Resolved, That the national legislature ought to possess the legislative rights vested in Congress by the confederation; and moreover, to legislate in all cases for the general interests July 17. of the union, and also in those to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation.

July 17VII. Resolved, That the legislative acts of the United States, made by virtue and in pursuance of the articles of union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states, as far as those acts or treaties shall relate to the said states, or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the respective laws of the individual States to the contrary, notwithstanding.

July 16.VIII. Resolved, That in the original formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members; of which number

New Hampshire shall send . three,
Massachusetts . . . . . . . eight,
Rhode Island . . . . . . . one,
Connecticut . . . . . . . . five,
New York . . . . . . . . . six,
New Jersey . . . . . . . . four,
Pennsylvania . . . . . . . eight,
Delaware . . . . . . . . . one,
Maryland . . . . . . . . . six,
Virginia . . . . . . . . . ten,
North Carolina . . . . . . five,
South Carolina . . . . . . five,
Georgia . . . . . . . . . . three.

But as the present situation of the states may probably alter in the number of their inhabitants, the legislature of the United States shall be authorized, from time to time, to apportion the number of representatives; and in case any of the states shall hereafter be divided, or enlarged by addition of territory, or any two or more states united, or any new states created within the limits of the United States, the legislature of the United States shall possess authority to regulate the number of representatives, in any of the foregoing cases, upon the principle of their number of inhabitants according to the provisions hereafter mentioned, namely–Provided always, that representation ought to be proportioned to direct taxation. And in order to ascertain the alteration in the direct taxation, which may be required from time to time by the changes in the relative circumstances of the states—

IX. Resolved, That a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner and according to the ratio recommended by Congress in their resolution of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly.

X. Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and shall not be altered or amended by the second branch; and that no money shall be drawn from the publick treasury, but in pursuance of appropriations to be originated by the first branch.

XI. Resolved, That in the second branch of the legislature of the United States, each state shall have an equal vote.

July 26. XII. Resolved, That a national executive be instituted, to consist of a single person; to be chosen by the national legislature, for the term of seven years; to be ineligible a second time; with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; to be removable on impeachment, and conviction of mal-practice or neglect of duty; to receive a fixed compensation for the devotion of his time to the publick service; to be paid out of the publick treasury.

July 21. XIII. Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed, unless by two third parts of each branch of the national legislature.

July 18.XIV. Resolved, That a national judiciary be established, to consist of one supreme tribunal, the judges of which shall be appointed by the second branch July 21. of the national legislature; to hold their offices during good July 18. behaviour; to receive punctually, at stated times, a fixed compensation for their services, in which no diminution shall be made, so as to affect the persons actually in office at the time of such diminution.

XV. Resolved, That the national legislature be empowered to appoint inferior tribunals.

XVI. Resolved, That the jurisdiction of the national judiciary shall extend to cases arising under laws passed by the general legislature; and to such other questions as involve the national peace and harmony.

XVII. Resolved, That provision ought to be made for the admission of states lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole.

XVIII. Resolved, That a republican form of government shall be guarantied to each state; and that each state shall be protected against foreign and domestick violence.

July 23. XIX. Resolved, That provision ought to be made for the amendment of the articles of union, whensoever it shall seem necessary.

XX. Resolved, That the legislative, executive, and judiciary powers within the several states, and of the national government, ought to be bound, by oath, to support the articles of union.

XXI. Resolved, That the amendments which shall be offered to the confederation by the convention ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people to consider and decide thereon.

XXII. Resolved, That the representation in the second branch of the legislature of the United States consist of two members from each state, who shall vote per capita.

July 26.

XXIII. Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of property and citizenship, in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States.

With the above resolutions were referred the propositions offered by M^r C. Pinckney on the 29^th of May, & by M^r Patterson on the 15^th of June. [15]

[ [15]"Aug 1. 1787 Williamsb.

Dear Col.

"We are here & I believe every where all Impatience to know something of your conventional Deliberations. If you cannot tell us what you are doing, you might at least give us some Information of what you are not doing. This w^d afford food for political conjecture, and perhaps be sufficient to satisfy present Impatience. I hope you have already discovered the means of preserving the American Empire united–& that the scheme of a Disunion has been found pregnant with y^e greatest Evils–But we are not at this distance able to judge with any accuracy upon subjects so truly important & interesting as those w^ch must engage you at present–We can only hope, that you will all resemble Cæsar, at least in one particular: 'nil actum reputans si quid superesset agendum';–& that your Exertions will be commensurate to y^e great Expectations w^ch have been formed....

"J. Madison." [A]