Supplement to Max Farrand's Records of the Federal Convention of 1787 9780300157949

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SUPPLEMENT TO MAX FARRAND'S

THE RECORDS OF THE FEDERAL CONVENTION OF 1787

SUPPLEMENT TO MAX FARRAND'S

THE RECORDS OF THE FEDERAL CONVENTION OF I787

JAMES H. HUTSON, editor with the assistance of LEONARD RAPPORT

YALE UNIVERSITY PRESS

NEW HAVEN AND LONDON

Introduction and annotations copyright© 1987 by Yale University. All rights reserved. This book may not be reproduced, in whole or in part, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. Set in Caslon Olde Style type by Brevis Press, Bethany, Connecticut. Printed in the United States of America by The Murray Printing Company, Westford, Massachusetts.

Library of Congress catalog card number: 86-51340 International standard book numbers: o-3oo--o3903-4 G-30Q-03904-2 (pbk.)

The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.

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CONTENTS Introduction Documents

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1787 George Washington: Diary, May I4 William Shippen to Thomas Shippen, May I4 Rhode Island Committee to James Varnum, May I4 George Washington: Diary, May I5 Erastus Wolcott to Governor and General Assembly of Connecticut, May I5 George Washington: Diary, May I6 George Washington: Diary, May 17 George Washington to George Augustine Washington, May 17 George Washington: Diary, May I8 Jared Ingersoll to Thomas Shippen, May I 8 George Washington: Diary, May 19 William Livingston to David Brearley, May 19 William Pierce to George Turner, May 19 George Washington: Diary, May 20 George Washington: Diary, May 2I Oliver Ellsworth: Receipt, May 2 I Henry Knox to John Sullivan, May 2I George Washington: Diary, May 22 William Blount to John Gray Blount, May 22 Nathaniel Gorham to Caleb Davis, May 22 George Washington: Diary, May 23 Jacob Broom to Thomas Collins, May 23 George Washington: Diary, May 24 William Pierce to John Sullivan, May 24 John Lansing: Notes on Debates, May 25 George Washington: Diary, May 25 George Read to John Dickinson, May 25 Daniel Carroll to Michael Morgan O'Brien, May 25 George Washington: Diary, May 26 George Washington: Diary, May 27 Rufus King to Henry Knox, May 27 Rufus King to Nathan Dane, May 27 v

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CONTE:\TS

John Lansing: Notes on Debates, :Y1ay 28 George Washington: Diary, May 28 John Lansing: Notes on Debates, May 29 Gunning Bedford: Notes on Debates, May 29 John Dickinson: Revision of Virginia Plan, May 29 George Washington: Diary, May 29 John Dickinson to Polly Dickinson, May 29 James McHenry to Peggy McHenry, May 29 John Lansing: Notes on Debates, May 30 Pierce Butler: Notes on Debates, May 30 John Dickinson: Draft Motions, May 30 Draft Motion, May 30 George Washington: Diary, May 30 Elbridge Gerry to Ann Gerry, May 30 William Blount to John Gray Blount, May 30 Richard Dobbs Spaight to John Gray Blount, May 30 William Samuel Johnson to Samuel William Johnson, May 30 Robert Burton to John Gray Blount, May 30 William Davie to James Iredell, May JO John Lansing: Notes on Debates, May 3 I George Mason: Notes, May 3 I George Washington: Diary, May 3 I George Washington to Henry Knox, May 3 I John Lansing: Notes on Debates, June I George Washington: Diary, June I David Brearley, William Houston, William Paterson to the Council and General Assembly of New Jersey, June I John Lansing to William Coxe, June I Robert Yates to Abraham Yates, June I John Lansing: Notes on Debates, June 2 George Washington: Diary, June 2 Pennsylvania Society for the Abolition of Slavery: Address, June 2 George Washington: Diary, June 3 George Washington to George Augustine Washington, June 3 Nathaniel Gorham to Nathan Dane, June 3 Rufus King to Henry Knox, June 3 John Lansing: Notes on Debates, June 4 George Mason: Draft Speech, June 4 George Washington: Diary, June 4 John Lansing: Notes on Debates, June 5 Robert Yates: Notes on Debates, as published by Genet, June 5 George Washington: Diary, June 5 John Lansing: Notes on Debates, June 6

CONTENTS

George Washington: Diary, June 6 John Lansing: Notes on Debates, June 7 Pierce Butler: Notes on Debates, June 7 James Wilson: Draft Resolution, June 7 George Washington: Diary, June 7 Jonathan Dayton to David Brearley, June 7 John Lansing: Notes on Debates, June 8 Pierce Butler: Notes on Debates, June 8 Gunning Bedford: Notes for a Speech, June 8 George Washington: Diary, June 8 John Lansing: Notes on Debates, June 9 David Brearley to Jonathan Dayton, June 9 Gunning Bedford: Notes on Debates, June 9 George Washington: Diary, June 9 George Washington: Diary, June IO James Madison to James Monroe, June IO Rufus King to Theodore Sedgwick, June IO John Lansing: Notes on Debates, June I I Pierce Butler: Notes on Debates, June I I George Washington: Diary, June I I William Blount to Joseph Clay, June I I John Lansing: Notes on Debates, June I 2 George Washington: Diary, June I2 John Lansing: Notes on Debates, June I3 George Washington: Diary, June I3 John Lansing: Notes on Debates, June I4 Pierce Butler: Notes on Debates, June I4 George Washington: Diary, June I4 John Lansing: Notes on Debates, June I 5 George Washington: Diary, June IS John Dickinson to Polly Dickinson, [June I 5!] William Blount to John Gray Blount, June IS John Lansing: Notes on Debates, June I 6 Pierce Butler: Notes on Debates, June I 6 George Washington: Diary, June I6 Rufus King to Nathan Dane, June I6 George Wythe to Edmund Randolph, June I6 George Washington: Diary, June I7 John Lansing: Notes on Debates, June I 8 John Dickinson: Plans of Government, June I 8 John Dickinson: Notes on Debates, June I8 Pierce Butler: Notes on Debates, June I 8 George Washington: Diary, June r8

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CONTE~TS

Nathaniel Gorham to Theophilus Parsons, June r8 John Lansing: Notes on Debates, June 19 John Dickinson: Notes on Debates, June 19 George Washington: Diary, June 19 William Shippen to Thomas Shippen, June 19 William Davie to Richard Carswell, June I9 John Lansing: Notes on Debates, June 20 [Jared Ingersoll!]: Draft Speech, June 20 George Washington: Diary, June 20 John Lansing: Notes on Debates, June 2 I George Washington: Diary, June 2I William Blount to John Gray Blount, June 2 I John Lansing: Notes on Debates, June 22 George Washington: Diary, June 22 Philadelphia Street Commissioners: Minutes, June 22 John Lansing: Notes on Debates, June 23 George Washington: Diary, June 23 George Washington: Diary, June 24 Rufus King to Alexander Hodgden, June 24 John Lansing: Notes on Debates, June 25 Charles Pinckney: Draft Speech, June 25 Pierce Butler: Notes on Debates, June 25 George Washington: Diary, June 25 John Lansing: Notes on Debates, June 26 Pierce Butler: Notes on Debates, June 26 George Washington: Diary, June 26 Oliver Ellsworth to Abigail Ellsworth, June 26 John Lansing to Philip Schuyler, June 26 Edmund Randolph to Beverley Randolph, June 26 John Lansing: Notes on Debates, June 27 George Washington: Diary, June 27 William Samuel Johnson to Anne Johnson, June 27 William Pierce to St. George Tucker, June 27 Convention Delegates to Benjamin Franklin, June 27 John Lansing: Notes on Debates, June 28 Pierce Butler: Notes on Debates, June 28 George Washington: Diary, June 28 William Blount to John Gray Blount, June 28 John Lansing: Notes on Debates, June 29 Pierce Butler: Notes on Debates, June 29 John Dickinson: Notes for a Speech, June 29 George Washington: Diary, June 29 John F. Mercer to William Smallwood, June 29

CONTENTS

John Lansing: Notes on Debates, June 30 John Dickinson: Notes on Debates, June 30 John Dickinson: Notes for Speeches, June 30 George Washington: Diary, June 30 George Mason: Memorandum [June/] Draft Motion [June/] George Washington: Diary, July I Luther Martin to Nicholas Low, July I John Lansing: Notes on Debates, July 2 George Washington: Diary, July 2 William Paterson to Euphemia Paterson, July 2 George Washington: Diary, July 3 Richard Dobbs Spaight to John Gray Blount, July 3 George Washington: Diary, July 4Mary Norris to---, July 4Mary Butler to Thomas Butler, July+ Robert Yates: Notes on Debates, as printed by Genet, July 5 Robert Yates: Notes on Debates, as copied by Lansing, July 5 John Lansing: Notes on Debates, July 5 John Rutledge: Motion, July 5 Pierce Butler: Notes on Debates, July 5 George Washington: Diary, July 5 Nathan Dane to Rufus King, July 5 John Lansing: Notes on Debates, July 6 George Washington: Diary, July 6 Abraham Baldwin to Joel Barlow, July 6 John Lansing: Notes on Debates, July 7 George Washington: Diary, July 7 William Jackson to William Rawle, July 7 George Washington: Diary, July 8 John Lansing: Notes on Debates, July 9 John Dickinson: Notes for Speeches, July 9 George Washington: Diary, July 9 Charles Cotesworth Pinckney: Notes, July IO Pierce Butler: Notes on Debates, July IO George Washington: Diary, July ro George Washington: Diary, July I I Rufus King to Henry Knox, July I r Rufus King to Nathan Dane, July I I William Paterson to Euphemia Paterson, July I I Elbridge Gerry: Draft Motion, July I2 Edmund Randolph to Beverley Randolph, July I2 George Washington: Diary, July I2

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CO:-ITENTS

George Washington: Diary, July IJ Jonathan Dayton to William Livingston, July IJ Farrand: Note on Convention Site, July I 3 George Washington: Diary, July I4 Richard Henry Lee to Francis Lightfoot Lee, July I4 George Washington: Diary, July I 5 George Washington: Diary, July I6 George Washington: Diary, July I7 William Paterson to Euphemia Paterson, July I7 George Washington: Diary, July I 8 George Washington: Diary, July I9 William Livingston to John Jay, July I9 Hugh Williamson to John Gray Blount, July I9 William Blount to John Gray Blount, July I9 George Washington: Diary, July 20 George Washington: Diary, July 2I Oliver Ellsworth to Abigail Ellsworth, July 2 I George Washington: Diary, July 22 George Washington: Diary, July 23 George Washington: Diary, July 24 George Washington: Diary, July 25 William Pierce to William Short, July 25 Edmund Randolph to David Shepherd, July 25 Edmund Randolph: Draft Sketch of Constitution, July 26 George Washington: Diary, July 26 Abraham Baldwin to Joel Barlow, July 26 Oliver Ellsworth to Samuel Huntington, July 26 George Washington: Diary, July 27 William Paterson to John Lansing, July 27 David Brearley to Jonathan Dayton, July 2 7 William Samuel Johnson to Samuel Peters, July 27 George Washington: Diary, July 28 George Washington: Diary, July 29 George Washington: Diary, July 30 Caleb Strong to Alexander Hodgden, July 30 George Washington: Diary, July 3 I George Washington: Diary, August I John Langdon to Joshua Bracket, August r George Washington: Diary, August 2 George Washington: Diary, August 3 George Washington: Diary, August 4 George Washington: Diary, August 5 James McClurg to James Madison, August 5

CONTEJ\TS Committee of Detail Report: Revisions, Marginalia, August 6 George Washington: Diary, August 6 George Washington: Diary, August 7 George Washington: Diary, August 8 George Washington: Diary, August 9 Elbridge Gerry to Ann Gerry, August 9 George Washington: Diary, August IO Elbridge Gerry to Ann Gerry, August IO George Washington: Diary, August I I George Washington: Diary, August I2 Richard Dobbs Spaight to James Iredell, August I 2 Elbridge Gerry to Samuel Gerry, August I 2 George Washington: Diary, August I3 Motion, August q. George Washington: Diary, August I4 Elbridge Gerry to Ann Gerry, August I4 George Washington: Diary, August I5 George Washington: Diary, August I6 Thomas McKean to William Atlee, August I 6 George Washington: Diary, August I7 Elbridge Gerry to Ann Gerry, August I7 George Washington: Diary, August I 8 George Washington: Anecdote, August I 8 George Washington: Diary, August I9 Roger Sherman to Henry Gibbs, August I9 Pierce Butler: Motion, August 20 George Washington: Diary, August 20 Nathaniel Gorham to Nathan Dane, August 20 Motions, August 2 I George Washington: Diary, August 2I John Fitch to William Samuel Johnson, August 2I Elbridge Gerry to Ann Gerry, August 2 I George Washington: Diary, August 22 George Washington: Diary, August 23 William Paterson to Oliver Ellsworth, August 23 James McHenry to Peggy McHenry, August 23 William Samuel Johnson to John Fitch, August 23 George Washington: Diary, August 24 Motion, August 25 George Washington: Diary, August 25 William Livingston to John Tabor Kempe, August 25 George Washington: Diary, August 26 James McHenry to Peggy McHenry, August 26

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CONTENTS

Elbridge Gerry to Ann Gerry, August 26 Abraham Lansing to Abraham Yates, August 26 [John Blair/]: Draft Resolution, August 2 7 George Washington: Diary, August 27 Motion, August 28 George Washington: Diary, August 28 James McHenry to Peggy McHenry, August 28 George Washington: Diary, August 29 Elbridge Gerry to Ann Gerry, August 29 Abraham Yates, Jr., to Jeremiah Van Rensselaer and Henry Acthandt, August 29 Objections to the Constitution, August 30 George Washington: Diary, August 30 Benjamin Rush to Timothy Pickering, August 30 John Dickinson to Polly Dickinson, August 30 George Mason: Alterations Proposed, August 3 I Pierce Butler: Notes, August 3 I George Washington: Diary, August 3 I George Washington: Diary, September I Elbridge Gerry to Ann Gerry, September I George Washington: Diary, September 2 William Samuel Johnson to Anne Johnson, September 2 Richard Dobbs Spaight to John Gray Blount, September 2 George Washington: Diary, September 3 Nicholas Gilman to John Sullivan, September 3 Pierce Butler: Notes on Debates, September 4 George Washington: Diary, September 4 William Livingston to John Jay, September 4 George Washington: Diary, September 5 George Washington: Diary, September 6 James Madison: Motion, September 7 George Washington: Diary, September 7 George Washington: Diary, September 8 Alexander Hamilton to Mr. Duche, September 8 George Washington: Diary, September 9 Jonathan Dayton to Elias Dayton, September 9 James McHenry to Peggy McHenry, September 9 Elbridge Gerry to Ann Gerry, September 9 George Washington to George Augustine Washington, September 9 George Washington: Diary, September IO Elbridge Gerry to Samuel Purviance, September IO George Washington: Diary, September I I William Livingston to John Jay, September I I

CONTENTS

Xlll

George Washington: Diary, September I 2 George Mason: Suggested Revisions of Committee of Style Report, September I3 George Washington: Diary, September I3 Motion, September I4 George Washington: Diary, September I4 George Washington: Diary, September I 5 Thomas Fitzsimons to Noah Webster, September 15 John Dickinson to George Read, September I 5 George Washington: Diary, September I6 James McHenry to Peggy McHenry, September 16 George Washington: Diary, September 17 Congress: Expenses of Convention, September 20 Charles Cotesworth Pinckney to Matthew Ridley, September 29 Nathaniel Gorham to Benjamin Franklin, October 30 Rufus King and Nathaniel Gorham: Response to Elbridge Gerry's Objections, November 3 Daniel Carroll to Benjamin Franklin, December 2 Roger Sherman to - - - , December 8 Nathaniel Gorham to Benjamin Franklin, December 15 Rufus King to Jeremiah Wadsworth, December 23

1788 [Luther Martini] Observations, June 3 Hugh Williamson to John Gray Blount, June 3 Charles Pinckney to Matthew Carey, August IO James Madison: Remarks on Jefferson's Draft of a Constitution, October

1790 James Madison to Tench Coxe, March 28

1792 James Madison to Edmund Pendleton, January

21

1802 John Dickinson to George Logan, January I6

[1804/] William Samuel Johnson to---, August

1806 Abraham Baldwin in the United States Senate, November 30

CONTENTS

XIV

1810 Thomas Jefferson to James Madison, July 26

1818 John Quincy Adams to William Jackson, October r6 William Jackson to John Quincy Adams, October 19 William Jackson to John Quincy Adams, October 2I

1821 John Lansing to Edmond C. Genet, July 6

1823 James Madison to Thomas Jefferson, June 27

1824 James Madison to Robert S. Garnett, February James Madison to Peter S. Duponceau, August

I I

1827 Timothy Pickering: Memorandum, August

I I

1828 Thomas Pickering to John Lowell, January 14 James Madison to Joseph C. Cabell, October 30

[1833] James Madison t o - - -

1835 Extract from James Madison's Will, April 19

1856 Edward Coles: History of the Ordinance of 1787, June 9

[ 18 82] George Bancroft: Anecdote [Undated] William Samuel Johnson: Memorandum Benjamin Franklin: Anecdote Appendix: The Weather during the Convention Index by Clauses of the Constitution General Index

325 339 357

INTRODUCTION

In I 9 I I the Yale University Press published, in three volumes, The Records of the Federal Convention of r787, edited by Max Farrand. The press reissued the Records in I923, I927, and I934· In I937 it reprinted them again with the addition of what Farrand called a "fourth, supplementary volume." This volume was a potpourri: it contained a list of errata discovered and corrected in volumes I-3, additional information about the location of documents appearing in these volumes, the texts of the first twenty-one amendments to the Constitution, two revised indexes, and the texts of documents related to the creation of the Constitution that had been uncovered since the first printing of the Records in I 9 I I. The organization of the supplement was eccentric. New documentary material was sandwiched between errata and amendments and was keyed to the page numbers at which it should have appeared in the earlier volumes. At the same time a double chronological scheme was used. Materials that would have appeared in volumes I and 2 were arranged chronologically and then a new chronology was established for materials that would have appeared in volume 3. Because of its peculiar arrangement and its medley of diverse material, the supplementary volume is not, in the opinion of many scholars, easy to use; its revision has been frequently suggested. As Farrand anticipated, a substantial amount of new documentary material, illuminating the creation of the Constitution, has come to light since I937· In I980 the Permanent Committee for the Oliver Wendell Holmes Devise, as its contribution to the Bicentennial of the United States Constitution, resolved to sponsor a revised supplement to Farrand's Records, which would incorporate this new material and whatever additional documentation could be discovered by a diligent search of the nation's manuscript repositories. The Yale University Press agreed to publish the new volume. The Librarian of Congress, chairman ex-officio of the Holmes Devise, warmly endorsed its initiative and encouraged the Chief of the Library's Manuscript Division to serve as editor of the supplement. The American Historical Association and Project 87 offered their assistance in raising the necessary funds. The National Endowment for the Humanities, under the auspices of its own program to celebrate the Bicentennial of the Constitution, generously granted the money requested. Leonard Rapport, long a senior staff member at the National Archives and Records Administration, who for years has collected documents on the Federal Convention, XV

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I~TRODUCTIQ:-.;

generously put his research at the editor's disposal and agreed to assist him in an intensive search for new manuscript material.

PRINCIPLES OF DOCUMENTARY SELECTION

This volume is being issued simultaneously in hardcover and paperbound. In paperbound it will be a companion to Farrand's first three volumes, which have been reissued in that format. The volume supplants Farrand's "fourth, supplementary volume" of I937, which is not being reprinted. The new supplement contains the fresh manuscript material discovered by Leonard Rapport and the editor in their search of the nation's repositories and it incorporates all of the documents in Farrand's I 93 7 supplement that were generated at Philadelphia in the summer of 1787; that is, all documents printed by Farrand in that volume which relate to the framing of the Constitution. The editor has chosen to omit those documents which are not records of the Federal Convention of 17 8 the first twenty-one amendments to the Constitution, Farrand's discussion of the merits of rival editions of Madison's notes, and information about the acquisition of constitutional documents by various repositories, principally by the Library of Congress. The editors of the Yale University Press decided that Farrand's I937 supplement, though supplanted, should not be treated as a "non-volume"; copies of it are still being sold and it is on the shelves of libraries. Therefore, in the two indexes at the end of this volume, both incorporated from Farrand's I937 supplement, that volume's existence is acknowledged by reference to it as volume 4· The present volume is identified in the indexes as volume "S" (for "Supplement"). Although index entries 4 and S will refer, in most cases, to the same documents, the duplication was considered by the editors to be a small enough price to pay to serve the convenience of scholars and libraries that still hold Farrand's I 93 7 supplement. In choosing for publication documents discovered since the appearance of the I 937 supplement, the editor has adhered to Farrand's principles of documentary selection. Though nowhere explicitly stated, they are clear enough. Farrand confined himself, as rigorously as possible, in selecting his documents to those that illustrated what occurred in Philadelphia between May I4, the day the Convention was called to meet, and September I 7, the day it adjourned. Except for the delegates' credentials and instructions he published little from the pre-Convention period. Gaillard Hunt's new multivolume edition of Madison's writings was, for example, available to Farrand but he included none of what might be called Madison's Constitution-planning letters-those of March and April to Randolph, Jefferson, and Washington-nor did he include Madison's "Vices of the Political System." It became apparent, during the preparation

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INTRODUCTION

XV!l

of this volume, that Farrand published little pre-Convention material because, aside from the familiar Madison documents, little survives that reveals the delegates' thinking about the task before them in Philadelphia. There are, to be sure, pre-Convention resolves of state legislatures relating to the appointment of delegates as well as letters written by delegates to friends and family as they traveled to Philadelphia, but these reveal nothing about the writing of the Constitution. Following Farrand's practices, they will not be included. The editor had hoped that letters written in transit as well as vouchers for reimbursement of travel and subsistence expenses, submitted to state legislatures after the delegates returned from Philadelphia, would permit the compilation of a more accurate attendance log than Farrand published (at 3:586-90). But such vouchers as exist are imprecise, reckoning attendance only by months or total days present, and do not improve Farrand's statistics. When these can be corrected, footnotes or other editorial devices are employed to do so. During the Convention various delegates copied for their own use plans of government submitted by their colleagues. To establish the most authoritative text of each of these plans, Farrand collated as many of them as he could locate. The results of his investigations of the Virginia plan, the New Jersey plan, and Hamilton's plan of June I 8 are published in appendixes in volume 3 (593-630 ). In preparing the present volume a few additional holograph copies of Convention plans and reports were discovered, that is, a copy of the Virginia plan in Lansing's notes, a copy of the Committee of the Whole House report of June I 3 in Charles Cotesworth Pinckney's papers, and one or two more. These plans and reports were compared with those published in Farrand and were discovered to contain an occasional trifling difference, what Farrand called the "inevitable slight variations in wording, spelling, and punctuation" (3: 593). Since these documents compel no revision in Farrand's conclusions about the best texts of the Convention plans, they are, following Farrand's own practices with regard to slightly variant versions of the Virginia and other plans, not printed in this volume. Farrand approached the post-Convention years with the same discrimination as he did the pre-Convention period. He was interested in documents generated by the ratification debates only insofar as a member of the Convention, participating in those exchanges, revealed something about what had occurred at Philadelphia. These revelations he published; exhortations and polemics he omitted. Farrand also published reminiscences about the Convention by delegates in private correspondence and public debate, in some cases decades after 1787, but he was careful to ascertain the credibility of these remarks before including them. This volume contains a considerable amount of retrospective material that meets Farrand's criterion for inclusion. For the post-Convention period today's student has

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INTRODUCTIOl"i

a resource unavailable to Farrand: Merrill Jensen's edition of The Documentary History of the Ratification of the Constitution (Madison, I976- ), now carried forward by Jensen's colleagues, John P. Kaminski and Gas pare J. Saladino. The Documentary His tory is a continuation of the story told in Farrand's Records and should be consulted by everyone interested in the framing of the Constitution. WHAT IS AND IS NOT INCLUDED

The new supplement contains, as mentioned above, the relevant documentary material from Farrand's I937 supplementary volume. In his preface to that supplement Farrand mentioned two recently discovered collections of Convention documents, those of John Lansing, Jr., and Charles Cotesworth Pinckney, which were unavailable to him but which he assumed would become accessible to scholars "in the course of a few years." Farrand was correct about Lansing's notes, for they were published by Joseph R. Strayer in I939 under the title The Delegate from New York. They are included in their entirety in the present volume with the permission of their publisher, Princeton University Press. Pinckney's papers were given, in due course, to the Library of Congress. They comprise, principally, working documents of the Convention such as the Committee of Detail report and some notes of proceedings in the South Carolina Ratifying Convention. Only one document met the requirements for publication in this volume. Convention papers-notes of debates, draft speeches, resolutions, and plans-of several other delegates have been discovered and are printed here. Some are copious, others consist of only a single document. Delegates represented by newly discovered documents are: John Dickinson, Pierce Butler, Gunning Bedford, George Mason, James Wilson, and Elbridge Gerry. Scores of letters, written by delegates during the Convention and touching on its business, have been found and appear for the first time in this volume. A far greater number of delegate letters written at Philadelphia were excluded because they dealt with personal business and family matters. The temptation to include some of these letters was strong and in certain cases the editor succumbed to it, thus violating in these instances Farrand's selection guidelines. Letters from Elbridge Gerry to his wife are included, for example, because they so graphically convey the flavor of the summer of I7 87 in Philadelphia and illustrate the context in which the Constitution was written. A few communications written by "outside" groups to the membership of the Convention, for example, an antislavery petition from a society of Pennsylvanians and a letter from Rhode Island merchants to an "unofficial" delegate at the Convention, have been included to illustrate the variety of interests that confronted the delegates.

INTRODUCTION

XIX

Research has disclosed a number of what appear to be relevant letters that the editor has been unable to locate, that is, Nicholas Gilman to John Gilman, July 28, 1787 (mentioned in Nicholas Gilman to Joseph Gilman, July 3 I, 1787), Connecticut delegates to Samuel Huntington, June 20, I787 (mentioned in Huntington to delegates, July 9, 1787), and others. A more regrettable omission is Robert Yates's Convention notes which Evarts B. Greene and Richard B. Morris, in A Guide to the Principal Sources of Early American History (I6oo-I8oo) in the City of New York (New York, I929), p. I87, identified at the New York Public Library. A search in that repository by Leonard Rapport did not discover these notes nor has the staff of the library been successful in finding them. The editor hoped to find Convention Secretary William Jackson's notes of debates, which he took in addition to keeping the "official" records that were published in I 8 I9 at Congress's direction, as the Journal, Acts, and Proceedings of the Convention (printed in full by Farrand). Jackson informed Timothy Pickering on August I I , I 8 27 (see below) that he took notes of the debates in a form of shorthand and was at that moment transcribing them. Although some scholars have presumed that the notes may be extant, the editor has not located them. The present supplement does not, then, include all Convention documents that may exist. Perhaps no compilation of eighteenth-century documents can be considered definitive, because even after two centuries new manuscripts continue to surface with surprising regularity. Farrand recognized that his own work might require revision; at some time in the future this supplement may need to be merged into a newer, more comprehensive volume. The editor would not regret such an event, because it would mean that new material had been discovered that would enhance our understanding of the Constitution.

EDITORIAL METHOD

Because this supplementary volume will be issued, in paperbound, as a set with the first three Farrand volumes and because it contains copious material from Farrand's fourth volume, it appeared to be self-evident that its format and editorial apparatus should conform to Farrand's style. The editor was comfortable with this decision, because Farrand, though publishing the Records in I 9 I I, was a "modern" editor in the most crucial sense: he recognized and insisted that documents be printed with fidelity to the original texts. Farrand, it has been said, was oldfashioned in his economical, even parsimonious, use of footnotes. There now appears to be a reaction against the luxuriant editorial styles of the I 9 sos and I 96os on financial as well as scholarly grounds, and Farrand's spare style of foot-

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I:-iTRODUCTIO~

noting, his preference for letting the documents speak for themselves, appears to be anything but antiquated and unenlightened. The editor has followed, as far as the requirement of being consistent with Farrand permitted, the practices that have become standard in modern documentary editions sponsored by the National Historical Publications and Records Commission. Documents are reproduced with fidelity to the originals. Eighteenthcentury spelling and grammar are retained, as is punctuation, with the exception that thorns and tildes are expanded and missing periods are added at what are obviously the ends of sentences; all new sentences begin with capital letters. Arcane or incomprehensible abbreviations are also expanded. Badly misspelled words that may be misleading are correctly spelled in brackets inserted after the word. Conjectural readings are also inserted in brackets. Obvious slips of the pen and inadvertent repetitions are silently corrected. At the bottom, left, of each document the repository in which it is found or the publication in which it appears is indicated. The state of the document is described by the following abbreviations: ALS (autograph letter signed), AD (autograph document), DS (document signed), TR (transcript). A NOTE ON THE INTEGRITY OF THE DOCUMENTARY RECORD

The two principal documentary accounts of proceedings in the Federal Convention are James Madison's and Robert Yates's notes of debates, printed by Farrand in volumes I and 2. The integrity of both sets of notes-the faithfulness with which they record what was said on the floor of the Convention-has been challenged in recent years. In preparing this volume, the editor discovered documents and pursued lines of investigation that shed additional light on the question of the reliability of Madison's and Yates's notes. Since these notes are such indispensable parts of the records of the Federal Convention, the results of this research are presented below. Madison's notes, indisputably the most important account of events at the Convention, were published posthumously in I 840. Although most readers immediately accepted them as authoritative, partisans of Alexander Hamilton challenged their veracity, and there has been an undercurrent of skepticism about their accuracy ever since. Gaillard Hunt, for example, in a preface to an edition of Madison's notes, published in I 920, commented on "the suspicious investigator, who thinks that Madison may have made alterations in his original record so as to suppress or distort the truth or give a coloring to the facts. " 1 1. Gaillard Hunt and John M. Scott, The Debates in the Federal Convention of 1787 (New York, 1920), xxi.

INTRODUCTION

XXI

Hunt, it appears, had a premonition of Crosskey-Professor William Winslow Crosskey of the University of Chicago Law School, perhaps the most suspicious investigator ever to write about Madison's notes. Crosskey's true feelings about Madison and his notes were revealed in his constitutional law classes, which he began, according to the reminiscences of a student, by slamming Farrand's Records on his desk and promising "to demonstrate to you that Madison was a forger-he tampered with the notes he kept of the debates at the federal constitutional convention in order to suit his own political advantage and that of his party." 2 Crosskey was more circumspect in his opus, Politics and the Constitution in the History of the United States, the first two volumes of which were published in I953· There he merely suggested "the possibility that his [Madison's] testimony may have been, not inadvertently, but deliberately false and misleading" as to what the various members had said, although elsewhere in the volume he became more explicit, declaring that Madison "presented falsely the sentiments of other men" and inserted "spurious dialogue" in his notes. 3 What were Madison's motives in doctoring his manuscript/ To create an appearance of political consistency, Crosskey argued; to obscure the difference between political positions he espoused in q87 and contrasting views he adopted later in his career. Crosskey's volumes aroused conflicting passions. Admirers praised them extravagantly; detractors accused the author of McCarthyism on the grounds that Crosskey made unproven charges and innuendos against Madison (Crosskey promised to present his proof in later volumes). • Mixed reviews did not discourage Professor Crosskey. He completed most of a third volume, bringing his account up to the eve of the Convention, which was published posthumously by a disciple, William Jeffery, in I980, and he finished some sections on the Convention itself, one of which on the expost-facto clause was published posthumously in I 968. 5 It characteristically charged Madison with fabricating passages in his notes and further distorting them by deliberately omitting relevant information. Crosskey's conclusions were endorsed in I970 by Paul Clarkson and Samuel Jett, biographers of Luther Martin of Maryland (Baltimore, I 970), who charged that "scores of ... serious (and often demonstrably inaccurate) 'corrections,' alterations, and additions, made over a period of fifty 2. Abe Krash, "William Winslow Crosskey," University of Chicago Law Review 35 (1968): 232. 3· Politics and the Constitution, 1: 313, 2: 1009, 1012, 1020. 4· For the charge of McCarthyism, see Henry Hart, Jr., "Professor Crosskey and Judicial Review," Harvard Law Review 67 (June 1954): 1475. 5. William W. Crosskey, "The Ex-Post-Facto and the Contracts Clause in the Federal Convention: A Note on the Editorial Ingenuity of James Madison," University of Chicago Law Review 35 (1968): 248-54.

INTRODUCTION

XXll

years . raise a serious question as to accuracy of his [Madison's] record. " 6 That Crosskey's influence persists is demonstrated by the treatment Madison's notes receive in Christopher and James Collier, Decision in Philadelphia: The Constitutional Convention of 1787 (New York, I986). The Colliers employ the work of S. Sidney Ulmer, himself a partisan of Crosskey, who in I958 charged that Madison's "objectivity" as a reporter of the Convention debates was "corrupted beyond repair,"' to assert that "Charles Pinckney of South Carolina was cheated of credit for his role in modeling the Constitution" by Madison's having "suppressed" evidence of his activities in Philadelphia. 8 And, in a passage of pure Crosskey, the Colliers charge that after I 8oo Madison became interested in "controlling as much as he could the history" of the creation of the Constitution and "altered his own speeches" to accomplish his objective. Madison, they concluded, "improved his own arguments and abbreviated those of his opponents."' That Madison made some changes in his notes after the Convention concluded has been known for decades and was discussed by Farrand in his introduction to the I 9 I I edition of the Records. When the journal of the Convention was published in I 8 I 9, Madison collated it with his notes and made changes. When Yates's notes were published two years later by Citizen Genet, Madison collated his and Yates's notes and made additional changes. In fact, as scholars discovered in I 930, and as Farrand related in his I937 supplement, Madison collated his notes with a copy of the journal shortly after the Convention adjourned. Washington, it appears, lent him Jackson's holograph version of the journal in q89; Madison copied it, collated the copy with his notes, and made at least a score of changes. Crosskey was aware of these various revisions, the great majority of which involved establishing the exact texts of motions and resolutions and ascertaining accurate vote tallies, and does not appear to have intended to make them the foundation of his conviction that Madison "forged" his notes. Rather, Crosskey's position, insofar as it is accessible, seems to be that Madison invented dialogue at the Convention exactly as a writer of fiction would have done. Thus, John Dickinson's speech on August 29, explaining Blackstone's definition of the scope of ex-post-facto laws, was "a later Madisonian fabrication"; 10 debates on August 2I on the imports 6. 95· 7. Ulmer, "Charles Pinckney: Father of the Constitution," South Carolina Lav.: Quarterly !0 (1958): 227, 245. 8. Collier, 64, 69. 9· Ibid., 66-67, 8 I 10. Crosskey, "The Ex-Post-Facto and the Contracts Clause," 252. 0

INTRODUCTION

XX!Il

and exports clause contained "certain spurious passages"; 11 a colloquy between Dickinson and Gouverneur Morris on August I 5 had "very much the appearance of a later interpolation. " 12 There is no visual evidence to support these charges; an examination of the relevant manuscript pages of Madison's notes reveals no significant alteration of the text on any of these dates. Crosskey's allegations must be based, then, on a theory that Madison completely rewrote his notes (or parts of them) at a later date using a fresh supply of paper and substituted the newly composed sheets for the ones he had prepared earlier. Does an examination of the paper used in Madison's manuscript support such a theory? Watermarks on the pages of Madison's manuscript notes reveal that he used British papers, predominantly those of the celebrated Kentish manufacturer James Whatman, whose family has been called the "most eminent British paper makers of the eighteenth century." 13 On all but seven days of the Convention Madison used Whatman paper, recognized by three watermarks: (I) "J Whatman"; ( 2) crown and post horn with a pendant cursive "W"; (3) crown and post horn with a pendant "GR." The only days Madison did not use Whatman paper were June 26, June 29, July 17, and July I 8 when he employed paper with the watermark "T French" and September 7, I 5, and 17, when he used paper marked "Budgen." All of this paper must have been manufactured before 1794, because none of it is dated, and a British law of 1794 required all paper to be dated to obtain a rebate on the excise tax on exportation. 14 A comparison of Madison's notes with letters he wrote during the Convention demonstrates that on every date on which a comparison can be made the paper used for the notes and letters was identical. For example, on July I 8 Madison wrote Jefferson a letter on paper with Whatman's crown, post horn, and cursive "W" watermark; the July I8 pages in the notes bear the same watermark. When chain lines and laid lines are compared, the letter and note sheets prove to be identical. Similar results are obtained by comparing other letters written during the summer, for example, Madison to Pendleton, May 27, to Jefferson, June 6, to Monroe, June ro, to Madison, Sr., July 28, September 4, to the notes composed on each of these days. Paper studies appear to indicate that Madison's notes were written in the summer of 17 87, not later. Also militating against the theory of a massive adulteration of Madison's notes is the recent discovery of the "Eppes copy" of those notes. In the summer of 179 I, possibly as late as 1793, Jefferson's nephew, John Wayles I 1.

Politics and the Constitution, I: 3 I 3.

I2.

Ibid.,

2: I02I.

I3. Thomas Balston, James Whatman Father & Son (London, I957), I4. Ibid.' I 57.

1.

XXIV

INTRODUCTION

Eppes, living at the time with his uncle in Philadelphia, transcribed Madison's notes.'' Eppes's transcription, minus the pages from June 2 I to July I 8, has been found in the Edward Everett papers at the Massachusetts Historical Society. Comparing it with Madison's notes on August I 5, 2 I, and 29, the dates on which Professor Crosskey claimed fabrications and interpolations, demonstrates that the two documents are identical, which means that no changes were made in Madison's notes (on these dates, at least) after Eppes executed his copy in 179 I or 1793. It appears, then, that Madison did not rewrite the story of the Constitutional Convention late in life. What of the claim of Crosskey and his followers that Madison distorted his notes by willful omissions! Did Madison, in fact, "cheat" Charles Pinckney out of his place in the Convention pantheon by "suppressing" his plan of government/ Madison's usual practice in taking notes at the Convention was to refrain from recording long motions, reports, and plans in the expectation that he could obtain copies of them later and enter them in his notes at his convenience. The ''length" of Pinckney's plan, he claimed in a memorandum written after the Convention, "prevented the taking of a copy" when it was introduced. 16 After the Convention ended had Madison (as seems likely) attempted to obtain a copy of Pinckney's plan, none would have been available, as Pinckney informed Matthew Carey on August IO, 17 88. 17 That Madison was not conducting a vendetta against Pinckney with the object of concealing his contributions at the Convention is shown by his having obtained from the South Carolinian an autograph copy of his June 25 speech, which was duly published in his notes. Crosskey's charges that Madison did not fully explain certain proceedings in the Convention, as, for example, Rutledge's motion of August 2 7 on the jurisdiction of the Supreme Court, 18 or that he failed to record the scores of unsuccessful motions made on the last days of the Convention amount to a complaint that Madison failed to provide a verbatim account of the proceedings, as a contemporary reporter, armed with electronic recording gear, might have done. No one knew the shortcomings of his notes better than Madison himself; it was to improve their accuracy and completeness that he painstakingly copied the Convention journal in 1789, collating it and later the printed copy of the journal with his notes and making additions and corrections as required. In making these changes his I 5. For a discussion of Eppes's transcription, see Julian P. Boyd, ed., The Papers of Thomas Jefferson, I9 (Princeton, I974), 549-5I, and Robert A. Rutland, eta!., eds., The Papers of James Madison, IO (Chicago, I977), 8-9.

I 6. Farrand, 3: 504. 17· Ulmer, "James Madison and the Pinckney Plan," South Carolina Law Quarterly 9 (I957): 420. I8. Politics and the Constitution, I: 62I-22.

INTRODliCTIOK

XXV

intention, insofar as the present editor can judge, was the laudable one of giving the American people as thorough a record as he could of a seminal event in their history. A heavy burden of proof rests upon those who would contend that Madison, as editor, progressively corrupted his notes after

!787. Until the last decade the integrity of Yates's notes was not challenged by scholars, although Madison himself, as soon as he examined the publication of the notes in I82I, protested its "extreme incorrectness." 19 In I 97 8, however, the present editor discovered a document in the Edmond C. Genet papers in the Library of Congress that demonstrates that Professor Crosskey's suspicions, apparently misplaced as they relate to Madison's notes, would apply with full force to Yates's notes. The original manuscript of Yates's notes, as indicated above, has disappeared, although it may be extant. Genet published Yates's notes in I 82 I from a copy made by John Lansing, Jr., who along with Yates and Alexander Hamilton represented New York at the Philadelphia Convention. 20 Yates's widow lent Lansing her husband's notes sometime after his death in I 80 I. Lansing, as he wrote Genet on July 6, I 82 I (below), made a copy with dispatch-in a month, as stipulated by Mrs. Yates. Although tempted to annotate Yates's material, Lansing "made the transcript verbatim, without the least mutilation or other alteration." The copy, Lansing stressed on this and other occasions, was literally correct. Apparently keeping the original, he returned the copy to Mrs. Yates from whom Genet obtained it by r 8o8. In I82I Genet published the Lansing copy, with such other Convention documents as he could procure, as Secret Proceedings and Debates of the Convention Assembled at Philadelphia in the year z787. One sheet of Lansing's copy of Yates's notes, dated July 5, has been discovered in Genet's papers. Comparing it to the published version of Yates's notes for that date (see below) reveals that Genet deleted half of the sheet and paraphrased much of the remainder. If Genet inflicted the same editorial depredations on the remainder of his edition, Yates's notes, as we now have them in print, cannot be considered a reliable source for documentary proceedings at the Federal Convention. Genet may have exercised a lighter editorial hand on other parts of the Lansing copy, specifically, the notes for the first week of the Convention. Lansing first attended the Convention on June 2. In his own notes of June I he asserted that he copied Yates's notes up to that point (and on June 5 as well, when he was ill). We do not know when Lansing made this copy. He could have done it on the spot in Philadelphia or years later when 19. Farrand, 3: 446. For a discussion of Genet's edition of Yates, see James H. Hutson, "Robert Yates's Notes on the Constitutional Convention of 178T Citizen Genet's Edition," Quarterly Journal of the Library of Congress 35 (July 1978): 173-82. 20.

XXVI

INTRODUCTION

Yates's widow turned her husband's notes over to him for copymg. If Lansing incorporated an accurate transcription of Yates's notes for May 25-June I into his own notes and if the copy of Yates's notes that he returned to Mrs. Yates-and that eventually came into Genet's possession-was equally accurate, then Lansing's notes for May 25-June I and his copy of those notes which Genet used for his publication should have been identical or close to it. By comparing Genet's edition of Yates's notes for May 25-June I to Lansing's notes for the same dates we should, therefore, be able to ascertain the extent of the editorial changes Genet made. This comparison has been made in this edition and readers will find footnotes in Lansing's notes showing the changes presumably made by Genet. These changes, though numerous, are far less drastic than the surgery performed by Genet on the July 5 sheet of Lansing's copy and may indicate that Genet's edition is not as corrupt as the editorial carnage of July 5 would suggest. On the other hand, so many assumptions must be made to permit inferences to be drawn about Genet's editorial practices on the May 25-June I material that the suggestions offered here are speculative, at best. What can be said with certainty is that until Yates's original manuscript notes are found readers can have far less confidence in the integrity of Genet's edition of his notes than they can in Madison's notes. ACKNOWLEDGMENTS

The following institutions generously permitted the publication in this volume of documents in their possession; their assistance is gratefully acknowledged: American Antiquarian Society, American Philosophical Society, John Carter Brown Library, Columbia University, Connecticut Historical Society, Connecticut State Library, Delaware Hall of Records, Duke University, Hagley Museum and Library, Harvard University, the Huntington Library, Independence National Historical Park, Library Company of Philadelphia, Maryland Historical Society, Massachusetts Historical Society, Morristown National Historical Park, New England Historic Genealogical Society, New Hampshire Division of Records, New Hampshire Historical Society, New Jersey Archives, New-York Historical Society, New York Public Library, North Carolina Division of Archives and Records, Northumberland County Record Office, Historical Society of Pennsylvania, Rutgers University, John Rylands Library, Virginia State Library, Wadsworth Atheneum, College of William and Mary, Yale University.

SUPPLEMENT TO MAX FARRAND'S

THE RECORDS OF THE FEDERAL CONVENTION OF 1787

MONDAY, MAY 14, q87

GEORGE WASHINGTON: DIARY 1

Monday 14th. This being the day appointed for the Convention to meet, such Members as were in town assembled at the State Ho [use]; but only two States being represented-viz.-Virginia and Pennsylvania-agreed to attend at the same place at I I 'Oclock to morrow. Dined in a family way at Mr. Morris's. WILLIAM SHIPPEN TO THOMAS SHIPPEN

... May I4. Eight members of Convention met this morning, old Franklin first on the ground tho' a bad day and he cant attend the Council of this State once in 3 Weeks. He is pushing to make Temple Franklin Secretary of the Convention. Jackson is a Candidate. 2 • • • ALS (Library of Congress) I. Farrand published only selected entries from Washington's laconic Convention diary. All entries will be published here, although many of them reveal nothing about what was happening in the Convention. Some, however, describe the social context in which the delegates moved, a subject which did not interest Farrand and which caused him to delete passages about Washington's and other delegates' recreations and amusements in Philadelphia. Washington left two sets of diary entries for the period of the Convention, his "Philadelphia journal" and his "regular Mount Vernon diaries." The "Philadelphia journal" was written on the spot at the Convention. When Washington returned home, he copied and expanded its entries in his "regular" diary. The editors of the contemporary edition of Washington's papers print both sets of entries but prefer the "second and more complete (revised) version" that Washington prepared at Mount Vernon. That version is the source of the entries printed here; Farrand published selections from both versions. See Donald Jackson and Dorothy Twohig, eds., The Diaries of George Washington, 6

vols. (Charlottesville, I976-79), P52-85, 237-46. 2. As was John Beckley, clerk of the Virginia House of Delegates, who arrived in Philadelphia with Virginia governor Edmund Randolph on May I 5. "I find," wrote Jonathan Williams, Jr., to his cousin, William Temple Franklin, from Richmond, April 9, 1787, "that Mr. Beckley the Clerk of this Assembly is gone on to the Convention with Governor Randolph with the express view of getting himself chosen secretary to that Body and he no doubt has secured the Virginia Interest" (Library Company of Philadelphia). Reporting Jackson's election on May 25, William Shippen informed his son Thomas on May 27 that "Old Dr. F. [was] much mortified that he had not Interest enough to procure the place for his Grandson" (Shippen Papers, Library of Congress).

2

SlJPPLE\lENT TO FARR-ll\'D'S RECORDS

RHODE IsLAND Co:vrMITTEE TO jA:-vms VARNV:\1

Providence May 14, q87 Sir By request of the merchants and Tradesmen of this Town we inclose to your care a letter addressed to the National Convention now convened at Philadelphia, 3 which we desire you to deliver in such way as you may think best, and if the Convention shou'd be so condescending as to permit you to take a seat with them, when the Commercial affairs of the Nation are discussed we shall think ourselves highly favor'd, to have you there to speak for us. Our Opinions are that all Goods etc. the produce or Manufacture of the United States or any of them may be Transported to any or all of them, free of any Duty or Excise, That all Goods Imported from any Foreign Nation that pays the National Impost at the first port of Entry may be Transported to any of the United States free of any further Duty or Import. That the carrying Trade shou'd be Insured to the Ships and Vessels that belong to the subjects of the United States on reasonable terms. And we hope the Consideration of a General Currency throughout the United States will not be forgot by the Convention, As it is so nearly Connected with Trade and Commerce. If you find that you can be of service to the Mercantile Interest of this State by tarrying in Philadelphia after you have finish'd your other business we shall be ready to reimburse the Extra Expense You may be at. We heartily wish a Recommendation may go from the Convention for the Comprehending of Vermont In the Number of the United States. P.S. Least you should have left the City before this reaches you we have thought expedient to transmit a duplicate to Tench Francis Esq. to be by him delivered. ALS Gohn Carter Brown Library)

J. For this letter, dated May II, 1787, see Farrand, J:I8-Ig.

TUESDAY, MAY 15, q87

GEORGE WASHINGTON: DIARY

Tuesday I sth. Repaired, at the hour appointed to the State Ho [use], but no more States being represented than were yesterday (tho' several more members had come in) we agreed to meet again to morrow. Govr. Randolph from Virginia came in to day. Dined with the Members, to the Genl. Meeting of the Society of the Cincinnati.

ERAsTus WoLcoTT TO THE GovERNOR AND GENERAL AssEMBLY oF CONNECTICUT

Hartford, May I 5 The Subscriber, impressed with a lively Sense of the Honour done him in an Appointment he has received from your Honours in your present Session as a Delegate to a general Convention of the States to be held at the City of Philadelphia on the 2d Monday of May instant, takes Liberty on this Occasion to return his grateful Acknowledgement. He has ever made it a principle to serve the public with Alacrity in every Appointment he has had the Honour to receive and in the present Instance would freely counteract his private Wishes to domestic Enjoyment natural to one in his advanced Period of Life to serve the public under his present Appointment were it consistant with his personal Safety. But having never had the Small Pox a Disorder to which he would be greatly exposed in the City to which he is appointed to repair, he cannot suppose it would be prudent for him to hazzard his Life without the most pressing Necessity and as there are many Gentlemen in the State who are at least equally capable to execute the business of such a Commission to the Satisfaction of the public as himself, that would not be exposed to the Effects of that fatal Disorder, such a Necessity cannot exist. This Consideration when duly weighed, he is confident, will be his sufficient Apology

3

4

SUPPIE\IE:-.JT TO F.-\RRA:-.JD'S RF.CORDS

to the Honorable Assembly in declining the Appointment he has had Honour to receive 1 And is with every Sentiment of Respect Your Honours most obed. and most humble Servant Erastus Wolcott ALS (Connecticut State Library)

I. Roger Sherman was appointed to replace Wolcott. \\'olcott's apprehensions about smallpox were not chimerical. In an account submitted to the officers of the Connecticut Pay Table, April 29, 1788, for reimbursement of Convention expenses, Oliver Ellsworth claimed £2 8s. for "Cash paid a Physician for my servant in the small pox-my self when sick" (Connecticut State Library). The claim was disallowed.

WEDNESDAY, MAY 16, 1787

GEORGE WASHINGTON: DIARY

Wednesday r6th. No more than two States being yet represented, agreed till a quoram of them should be formed to alter the hour of Meeting at the State house to One oclock. Dined at the President Doctr. Franklins and drank Tea, and spent the evening at Mr. Jno. Penns.

5

THURSDAY, MAY q, q87

GEORGE WASHINGTON: DIARY

Thursday qth. Mr. Rutledge from Charleston and Mr. Chs. Pinkney from Congress having arrived gave a representation to So: Carolina and Colo. Mason getting in this Evening placed all the Delegates from Virginia on the floor of Convention. Dined at Mr. Powells and drk. Tea there.

GEORGE WASHINGTON TO GEORGE AUGUSTINE WASHINGTON

Dear George Philadelphia May qth 1787 After short stages and easy driving, I reached this city on Sunday afternoon. Only 4 states, viz. Virginia, South Carolina, New York and the state we are in are as yet represented, which is highly vexatious to those who are idly and expensively spending their time here. I hope that the fine rains which have watered this part of the Country were not confined to it; or rather, that the clouds which produced them, were not unproductive as they hovered over you. All nature seems alive from the effect of them, about this City; and the Grain appears very differently from ours. As we have not commenced the business yet, it is impossible to say when it will end. I have not even a hope that it will meet with dispatch. ALS (Morristown l\ational Historical Park)

6

FRIDAY, MAY 18, 1787

GEORGE WASHINGTON: DIARY

Friday I 8th. The representation from New York appeared on the floor to day. Dined at Greys ferry, and drank Tea at Mr. Morris's-after which accompanied Mrs. [Morris] and some other Ladies to hear a Mrs. O'Connell read (a charity affair). The lady being reduced in circumstances had had recourse to this expedient to obtain a little money. Her performe. was tolerable-at the College-Hall.

jARED INGERSOLL TO THOMAS SHIPPEN

Philadelphia, May I8, I787 Dear Sir . . . . We have no news to communicate, unless that our prospects appear to become more gloomy. I look with much anxiety. I fear confusion, if

nothing worse. Our federal Government seems to be expiring. What will be the substitute, whether better or worse or how soon any other System may get established, it is impossible to predict. ALS (Library of Congress)

7

SATURDAY, MAY r9, q87

GEORGE WASHINGTON: DIARY

Saturday I 9th. No more States represented. Dined at Mr. Ingersolls. Spent the evening at my lodgings-& retird. to my room soon.

WILLIAM LIVINGSTON TO DAVID BREARLEY

Burlington r 9 May I7 8 7 Dear Sir The State has added to our Delegates in Convention, Mr. Clark and myself. I suspect that by the middle of next week at farthest we shall have a full representation by the attendance of Mr. Clark and Mr. Patterson. Mr. Houston's ill state of health which I sincerely regret will I fear prevent his going tho' he told me that he intended it. It will be more agreeable to me, and what is of more consequence more useful to the State in my opinion that I should remain here during the sitting of the Legislature which I imagine will not be protracted beyond three weeks. After the rising of the Assembly, I will upon sufficient notice prepare for the journey chearfully take the place of any one of you that shall choose to return home and if our Delegation should during the sitting be unavoidably reduced to two I will leave the Legislature and go to the Convention rather than that the State should for a single day be unrepresented in it, but in that case I should wish to have notice sufficient to enable me first to go to Elizabeth Town where I should want two or three days to arrange my own affairs and prepare for the Journey. TR (Massachusetts Historical Society)

8

SATURDAY, MAY I9, 1787

9

WILLIAM PIERCE TO GEORGE TURNER 1

New York, May I9, 1787 . I wish much to be with you, but Schemmerhorn has not yet made his appearance; and untill he arrives with my credentials, it will be in vain for me to go on. Pray are there any Members with you in my predicament/ The Convention is much talked of here, and various are the conjectures about the alterations that will probably take place in the federal government. You are, I find, for having matters highly toned. I am for powers equal to a prompt and certain execution, but tempered with a proper respect for the liberties of the People. I am for securing their happiness, not by the will of a few, but by the direction of the Law. Upon whatever principles a Government is founded, whethers rights are equally distributed among the People at large or among a few, some respect ought to be paid to the temper of the People, as produced by one or the other of these rights. To depart from the general freedom of our Governments [indecipherable phrase] and to step into a Monarchy, which will at times be despotic, would plunge the States into a tumult infinitely worse than anarchy itself: torrents of blood would follow the confusion. I maintain that it would be even dangerous too suddenly to abolish the State inquisition of Venice. Mankind may be fashioned in some measure to any kind of Government, and when changes are necessary, they should be brought about gradually, keeping in view some of the original principles to which they have been accustomed. From this you may learn, that I am not for a total change of the Commonwealth. Fortunate indeed would be that People who could live under a Government that would operate only by fixed and established Laws, and not be made liable to obey the will of a Body independent of the Government itself. It is a matter of doubt with me whether any expedient by which I would be understood to mean anything that is extraneous ought ever to be practiced by a People desirous of living under a well regulated system of Laws. The creation of power not recognized by the constitution is ever I. Major George Turner of South Carolina was secretary of the second general meeting of the Society of the Cincinnati, convened at this time in Philadelphia. On May I 2 he wrote a former comrade-in-arms that he anticipated a "Revolution" in which the Cincinnati "must, se defendendo, become active and important." George Washington, Turner reported, was expected "among us in a few Hours more," an event which Turner did not altogether relish because the general's "extreme Prudence and Circumspection (having himself much Fame to lose) may cool our laudable and necessary Ebullition with a few drops, if not a Torrent, of cold water. Let us never lose sight of the rational Liberties of the People. But let us remember that energetic Government is essential to their Security" (Turner to "my dear General," May 12, 1787, Maine Historical Society).

IO

SlJPPLEMEI\T TO FARR>\.1\D'S RECORDS

dangerous to liberty. The exercise of the dictatorial power in Rome was inconsistent with their commonwealth; the creation of Prators, of Tribunes, of the Decemvirs etc. gave such an unsettled Spirit to the People, that they were never satisfied but when they were in pursuit of expedients to suit the various situations to which they were constantly shifting. Unless we can settle down into some permanent System very shortly, our condition will be as fickle and inconstant, as that of the Romans; and our political schemes be nothing more than chimeras and disorders. Now Sir the great point-shall we be three confederate Republics or not! I leave you to examine the interrogatory. Mrs. Pierce joins me in the most respectful compliments to Mrs. Turner. I am dear Sir Yours very affectionately Wm. Pierce The Statesman and the Phylosopher have their attention turned towards us: the oppressed and wretched look to America. ALS (Connecticut State Library)

SUNDAY, MAY

20,

1787

GEORGE WASHINGTON: DIARY

Sunday 2oth. Dined with Mr. & Mrs. Morris and other Company at their farm (called the Hills). Returned in the afternoon & drank Tea at Mr. Powells.

I I

MONDAY, MAY

21,

1787

GEORGE WASHINGTON: DIARY

Monday 2 I st. Delaware State was represented. Dined, and drank Tea at Mr. Binghams in great Splender.

OLIVER ELLSWORTH: RECEIPT

Hartford, May 2I, I787 Received from the Committee of Pay Table their Order on Treasury for Two Hundred pounds payable out of the Interest of the Monies arising on the taxes of one shilling and three pence on the pound payable in April and July q82 to enable me to defray my expenses as Delegate to the Convention to be held at Philadelphia and for which I am to account with the state of Connecticut £200. 1 Oliver Ellsworth ALS (Connecticut State Library)

HENRY KNox TO JOHN SuLuvAN

Philadelphia, 21 May, 1787 (Private) To His Excellency President Sullivan: My dear sir, As an old friend, a number of Gentlemen members of the convention have pressed me to write you soliciting that you urge the departure of the delegates from New-Hampshire. Impressed most fully with the belief that 1. Virtually identical receipts for the same sums were executed on this date by Connecticut's two other delegates, William Samuel Johnson and Roger Sherman (Ellsworth signing for Sherman). Ellsworth also executed a receipt, May 16, for "Sixteen pounds lawful Money" to defray Convention expenses. On December 1, 17 87, Sherman submitted an account to the Pay Table Office, claiming reimbursement of £181 !OS. for 121 days' attendance at the Convention; on January 6, q88, Johnson claimed £220 IOS. for 147 days, May 22-0ctober 17, at the Convention and Congress; on April 29, 1788, Ellsworth claimed £159 for 106 days, May 18-August 3 1, at the Convention (Connecticut State Library).

I2

MONDAY, :V1AY

21,

q8i

IJ

we are verging fast to anarchy and that the present convention is the only means to avoid the most flagitious evils that ever afflicted three millions of freemen, I have cheerfully consented to their request and beg leave to have recourse to your kind friendship for an excuse if any is necessary. There are here a number of the most respectable characters from the several states, among whom is our illustrious friend Genl. Washington, who is extremely anxious on the subject of the New-Hampshire delegates. A number of states sufficiently for organization and to commence business will assemble this week. If the delegates come on, all the states excepting Rhode-Island will be shortly represented. Endeavour then my dear Sir to press this matter with all your powers. I am persuaded from the present complexion of opinions, that the issue will prove that you have highly served your Country in promoting the measures. I am etc. H. Knox ALS (New Hampshire Historical Society)

TUESDAY, MAY

22,

q87

GEORGE WASHINGTON: DIARY

Tuesday 22d. The Representation from No. Carolina was compleated which made a representation for five States. Dined and drank Tea at Mr. Morris's.

WILLIAM BLOUNT TO jOHN GRAY BLOUNT

New York May 22d 1787 I have before informed you that I was confined to the House with the blind piles and so I am yet but they are much mended. The Complaint is hardly called Sickness but it is undoubtedly the most painful teasing Complaint that I have ever experienced and I have had great Use for what I have none of when in pain namely Patience. I am this day informed that Williamson, Spaight and Martin are at Philadelphia or I should have sat out for that place on tomorrow or next day intolerable as traveling certainly would have proved to my Breeches. At present it is uncertain when I shall go but certainly not till I am quite well unless my Colleagues should inform me of a greater Necessity for my joining than I at present conceive. ALS (North Carolina Division of Archives and History)

NATHANIEL GORHAM TO CALEB DAVIS

N. York May 22d 1787 Upon examining our Commission for the Convention we find that three are required as the number to represent the state. And no Gentleman having come forward but Mr. King and myself he is gone to Philadelphia and I continued here in order if possible to keep a Congress. I have been daily in hope of seeing Mr. Dana or Mr. Gerry or both. However as Congress cannot be kept up at present I shall set off for Phila. tomorrow or next day in hopes that some of the other Gentm. will soon be after me. The business of the Convention is of the last importance for if the meeting or its doings should prove abortive the present phantom of a Government must soon expire. If those Gentm. have not set off do speak to them and let them know that by the Commission three are necessary. I am extreamly

TUESDAY, MA.Y

22,

1787

IS

desirous of attending the Legislature at least some part of the next Session. I have therefore to beg you to get a resolve impowering two to represent the State in the convention and if any of the Gentm. in the present Commission cannot attend to get others appointed in their room. I must beg your pardon for all this trouble and remain your Friend and Humble Servant Nathaniel Gorham ALS (Massachusetts Historical Society)

WEDNESDAY, MAY 23, 1787

GEORGE WASHINGTON: DIARY

Wednesday 23d. No more States being represented I rid to Genl. Miffl.ins to breakfast-after which in Company with him Mr. Madison, Mr. Rutledge and others I crossed the Schuylkill above the Falls. Visited Mr. Peters-Mr. Penns Seat, and Mr. Wm. Hamiltons. Dined at Mr. Chews-with the Wedding guests (Colo. Howard of Baltimore having married his daughter Peggy). Drank Tea there in a very large Circle of Ladies.

jAcoB BROOM TO THOMAS CoLLINS

Philada. 23 May 1787 Sir, I take the liberty to inform you, that Mr. Read and myself are the only Deputies who have attended from our State until Monday evening last, when Mr. Bassett arrived. Mr. Dickinson is not yet come on. The Gentlemen who have been present from the different States have daily attended at the State House, and as often have been in expectation of meeting a competent number of States to proceed to business, but as yet only six are represented by a quorum, viz. New York, Pennsylvania, Delaware, Virginia, North and South Carolina. There are Members also from Massachusetts, Georgia, Maryland, and Jersey and one Gentleman from the latter would form a quorum; he is hourly expected; when he shall arrive it is probable that the business will be entered upon. All the States have now appointed except Rhode Island and no good is to be expected from her. I have enclosed you a News Paper which will give you an account of some of their proceedings. Very little has yet been said upon the subject of the present meeting, therefore 'tis difficult to gather any thing whereon to form an opinion of their views. It is universally agreed that something ought to be done to establish the Government of the United States upon a more respectable footing than the present system. The Members of the Convention being fully impressed with a sense of this, do not talk of separating, but intend (at least) to attempt some plan. Two Legislative Branches and one Executive seems to be a prevailing sentiment; but how extensive their powers will be a weighty subject of consideration. One Plan

16

WEDNESDAY, MAY 23, 1787 has made its appearance introduced by a Mr. Pinckney of S. Carolina. It appears to me to be a Compound, abstracted from the several Constitutions and the Articles of Confederation, except in a few particulars; one of them is a proposed Consolidation of the States and Members to be sent to the Federal Councils in proportion to the Number of Inhabitants; this will by no means be agreeable to the Citizens of the lesser States, tho it will be an object with the larger ones. We have no powers given us to treat on that tender subject and tho I am convinced there is not a Member from our State who could be draged into a Measure of the kind, yet I am well pleased that the Legislature shewed their disapprobation to it in the Act appointing their Deputies. If a Quorum should be present from our State, in about a fortnight, or less, I intend to have the Honor of visiting you at Dover; by that time I expect our Legislature will be convened; and in the meantime, if opportunity should present, and any thing transpire worth communicating, I will do myself the Honor to write again to your Excellency. I am with the greatest respect and esteem your Excellencys most obedient and most Humble Servant. Jacob Broom ALS (Historical Society of Pennsylvania)

THURSDAY, MAY 24, q87

GEORGE WASHINGTON: DIARY

Thursday 24th. No more States represented. Dined and drank Tea at Mr. John Ross's. One of my Postilion boys (Paris) being sick, requested Doctr. Jones to attend him.

WILLIAM PIERCE TO jOHN SULLIVAN

My dear Sir New York, May 24th. 1787. I wrote you several Weeks ago, and informed you the reason why I did not procure for you the Epaulets you wrote to me for. At that time there

was not a good pair to be purchased, nor is there a pair yet to be had here that will suit you. Colo. Fish and myself have enquired through the City, but none that are elegant can be found. In a day or two I shall set off for Philadelphia, at which place it is probable I shall be able to accommodate you. Nothing will give me more pleasure than to serve you at any Time. The military spirit prevails here so much that all the fashionable gold Epaulets are purchased up to adorn the Shoulders of our young Bucks. I will thank you sir to have my Certificate dated at Pumpton Plains in New ] ersey, Deer. I st. I 779. It shall be preserved to be handed down from one generation to another. When I get to Philadelphia I will write you more fully. The Convention, I suppose, will proceed to business sometime next Week. Virginia, Pennsylvania, New Jersey, Maryland, New York, Delaware, Georgia, South Carolina, North Carolina and Massachusetts, will be on the floor, Monday next. Connecticut and New Hampshire will it is hoped, be on in a few Days. As for Rhode Island we shall pay no attention to her whether she sends on Deputies or not. Please to make my respectful compliments to your Lady and Family, in which Mrs. Pierce joins, altho' a perfect stranger. I am my dear sir, with great esteem and affection, Wm. Pierce ALS (New Hampshire Historical Society)

I8

FRIDAY, MAY 25, q87

jOHN LANSING: NOTES ON DEBATES

Attended the Convention of the States at the State House in Philadelphia when the following States were represented. 1 New York-by Col. Hamilton and myself. Jersey-by Judge Brearsley, Mr. Houston, and Mr. Paterson Pennsylvania-by Robert Morris, James Wilson, G. Morris, Mr. FitzSimmons. Deleware-Judge Reed, Mr. Broome, and Mr. Basset. Virginia-General Washington, Governor Randolph, Mr. Wyth, Mr. Mason, Mr. Matthewson. North CarolinaSouth Carolina-Mr. Rutledge, C. Pinkney, C. C. Pinkney, Mr. Butler. A Motion by R. Morris2 that General Washington take the Chair unanimously agreed to. When seated he 3 declared that as he never had been in a similar Situation< 1. Lansing's notes are published, as mentioned above, from the text presented by Joseph Strayer in The Delegate from New York (Princeton, 1939). Just before this volume went to press, the editor learned that the original manuscript of Lansing's notes was held by the James S. Copley Library, La Jolla, California. The relationship between Lansing's notes, his copy of Yates's notes, and Genet's edition of Yates's notes has also been discussed above (pp. xxv-xxvi). Lansing copied and incorporated Yates's notes into his own notes from May 25 to June 1, when he was absent from the Convention, on June 2, and on June 5, when he was ill. On these days the differences between his notes and Genet's edition of Yates's notes are identified to illuminate Genet's editorial practices and to suggest the extent to which he may have altered Yates's notes. In listing the delegates on this day, Genet probably consulted the printed Journal; he gave full, correctly spelled names of all delegates mentioned by Lansing, added Blair and McClurg to the Virginia delegation, and inserted the names of four North Carolina delegates. 2. Yates: "and seconded." 3· Yates: "(General Washington)." 4· Yates: "such a situation."

I9

SGPPLE:VIE:\T TO FARRASD'S RECORDS

20

he felt himself embarrassed-that he hoped his Errors as they were 5 unintentional would be excused. Mr. Hamilton in behalf of the State of New York moved that Major Jackson be appointed Secretary-The Delegates from 6 Pennsylvania moved for Temple Franklin-Carried for Jackson 7 who was 8 called in and took his Seat. After which the respective Credentials of the seven States were readN. B. That of Deleware restrained its Delegates from assenting to an Abolition of the 5th Section' of the Confederation which directed 10 that each State shall have a vote. 11 Door-keepers and Messengers being appointed the House adjourned to Monday the 28th Day of May at IO o'Clock. GEORGE WASHINGTON: DIARY

Friday 25th. Another Delegate coming in from the State of New Jersey gave it a representation and encreased the number to Seven which forming a quo ram of the r 3 the Members present resolved to organize the body; when, by a unanimous vote I was called up to the Chair as President of the body. Majr. William Jackson was appointed Secretary and a Comee. was chosen consisting of 3 Members to prepare rules & regulations for conducting the business and after [ap] pointing door keepers the Convention adjourned till Monday, to give time to the Comee. to report the matters referred to them. Returned many visits to day. Dined at Mr. Thos. Willings and sp[en]t the evening at my lodgings. 12 GEoRGE READ To JoHN DICKINSON

Philada. May 25th. 1787. Being told last Evening by Govr. Randolph of his having engaged a couple of rooms in a House at a small distance from our present lodgings 5. 6. 7· 8. 9· 10. I

Yates: Yates: Yates: Yates: Yates: Yates:

"would be." "for." "by a majority Mr. Jackson carried it." "who was" omitted. "article." "by which it is declared."

r. Yates: "one vote. Jl

On May 26 Mrs. Samuel Meredith reported to her husband that "General Washington invited himself to breakfast with me Yesterday. Tom and the 3 Girls were at Table and behaved extremely well. It is observed that the General is very grave. I do not wonder at it. A Man of his reflection must feel strongly our present unhappy situation" (Read Papers, Historical Society of Pennsylvania). 12.

FRIDAY, MAY 25, 1787

2I

and that he will move to them to morrow Evening I renewed my application on your behalf this Morning and am told that the room here which Mr. Randolph leaves you may have-it is on the first floor, up one pair of Stairs, on 5th. Street-the same which I used theretofore and you have seen me in-my present lodging room is behind it and there are doors which form a Communication between the two--As Mr. Randolph expects his lady his Situation is too Confined in this House. He is to dine at our Table-Since my Application on your behalf here on Monday last-another has been made for Mr. Gerry who is expected daily-but mine being first I now have the Offer for you-I wish you cou'd be here on the Sunday Evening. We make our Quorum today two additional So. Carolina Deputies came in Allibone's-Packet yesterday-and there is intelligence of the Arrival of two Georgia Deputies at N: York making four in the whole but one from Maryland yesterday-none as yet from Connecticut N Hampshire or Rhode Island tho the first of these three are hourly expected-You shou'd be here at the first opening of the BudgetLet me hear from you speedily 1 if any Accident prevents ~ your Coming soonJ Farrand 4:61-62

DANIEL CARROLL TO MrcHAEL MoRGAN O'BRIEN

My dear friend, Annapolis, May 25th. 1787 Yesterday the General Assembly appointed me one of the Deputies for this State to attend the foederal Convention in Phila. As this appointment was neither wished for, or expected by me, and I have been detained from home all last Winter and 6 weeks this Spring, it will be some time before I can enter on the execution of this Trust. I dare not think of residing in Philada. during the Summer months. 13 My health, thank God, is much better, than I have been for several years past. Moderate (but constant dayly) exercise, temperance and attention, have in great measure conquered my nervous complaints without the aid of Medicine. I request the favor of you to look out for a convenient and economical· situation where I can board in a small family somewhere near my former temporary residence near German Town. I would prefer the Situation from it being High, healthy, and at a suitable distance. You may perhaps think of some other Situation which may answer better under all circumstances. Make no positive agreement. Communicate to me what occurs by post to Georgetown. 13. Farrand chose not to print the remainder of this letter.

22

SLTPPLE:\1ENT TO FARRA:--;D'S RECORDS

You will receive my answer in time before I can possibly set off. I shall have a servant and two Horses. It is necessary to attend to economy in this business . . . . ALS (Historical Society of Pennsylvania)

SATURDAY, MAY 26, q87

GEORGE WASHINGTON: DIARY

Saturday 26th. Returned all my visits this forenoon. Dined with a club at the City Tavern and spent the evening at my quarters writing letters.

23

SUNDAY, MAY 27, 1787

GEORGE WASHINGTON: DIARY

Sunday 27th. Went to the Romish Church-to high Mass. Dined, drank Tea, and spent the evening at my lodgings.

RUFUS KING TO HENRY KNOX

Philadelphia 27. May 87 Seven states assembled on the 25th. and appointed Genl. Washington President & Majr. Jackson Secretary of the Convention. If Connecticut, Georgia & Massachusetts are represented tomorrow, we shall have Ten States-! hope this will be the case but the event is uncertain-no proposition has been agitated except in private conversation, and excepting the mere organization of the convention we are as when you left us. Farrand, 4:63

RuFUs KING To NATHAN DANE

Philadelphia 27 May 87 Dear Sir New York, New Jersey, Pennsylvania, Delaware Virginia North and South Carolina were represented on Friday; and the Convention proceeded to appoint Genl. Washington their President and Major Jackson their secretary. We are adjourned until Tomorrow and flatter ourselves that Massachusetts Connecticut and Georgia will be then represented. Maryland has one Delegate present, but it is uncertain when his Colleagues will arrive. Nothing has transpired in the present unopened condition of the business of this meeting which furnishes reasonable Grounds even to conjecture the Result of their Deliberations. ALS (Yale University)

MONDAY, MAY 28, 1787

joHN LANSING: NoTES oN DEBATES

Met pursuant to Adjourenment. A Committee of three Members (whose Appointment I omitted in the Entry of the Proceedings on Friday last) reported a Set of Rules for the Order of the Convention which being considered by Articles were agreed to and additional ones proposed and referred to the same Committee. The Representation was this Day encreased to nine States-Massachusetts and Connecticut became' represented. Adjourned to next Day. GEORGE WASHINGTON: DIARY

Monday 28th. Met in Convention at ro Oclock. Two States moreviz.-Massachusetts, and Connecticut were on the floor to day. Established Rules-agreeably to the plan brot. in by the Comee. for the governmt. of the Convention & adjourned. No com [ municatio Jns without doors. Dined at home, and drank Tea, in a large circle at Mr. Francis's.

1.

Yates: "becoming."

25

TUESDAY, MAY 29, 1787

jOHN LANSING: NoTES ON DEBATES

Met pursuant to Adjournm't. 1 The additional Rules agreed to. His Excellency Governor Randolph, a Member from Virginia, 2 in a long and elaborate Speech shewed the Defects in the System of the present foederal Government as totally inadequate to the Peace, Safety and Security of the Confederation and the absolute Necessity of a more energetic Government. He closed his 3 Remarks with a Set of Resolutions 4 which he proposed to the Convention for their Adoption and as leading Principles whereon to form a new Government-he candidly confessed that they were not intended for a foederal Government-he meant a strong, consolidated Union in which the Idea of States should be nearly annihilated-( Copy of these Resolutions is marked a. ) 5 He then moved that they should be taken up in a6 Committee of the whole House. Mr. C. Pinkney, a Member from South Carolina' added that he had reduced his Ideas of a new Government to a System which he read and confessed that it was grounded on Principles similar to those in the Resolutions. 8 The House then resolved that they would 9 next Day form themselves into a Committee of the whole to take into Consideration the State of the Union. Adjourned to next Day. 1.

2.

3. 4· 5. 6. 7. 8. 9·

Yates omits this phrase. Yates adds "got up, and." Yates: "these." Yates: "fifteen in number." Yates: "l have taken a copy of these resolutions, which are hereto annexed." Yates omits "a." Yates: "then." Yates: "on the same principle as of the above Resolutions." Yates: "the."

TUESDAY, MAY 29, 1787

27

GUNNING BEDFORD: NOTES ON DEBATES

r. 2. 3. 4·

5. rst

2d

J.

4·

5.

6. 7. 8.

9·

Mr. Randolph Congress unable to prevent War Not able to support war Not able to prevent internal Sedition or rebellion Cant prevent dissentions of one state with another, except as to territory No power to prevent encroachments of the several states on Confederacy Answer To prevent war Congress must possess wealth and men. Must dispose of her wealth in fortifying herself and must be able to command money and hire men to put herself at all times in a defenceable situation. Cant these objects be attained by a compulsory power in Congress to command money and men from the several States/ To support war. Money and men answer this purpose. A compulsory power in Congress will command Cant prevent sedition or insurrection and rebellion. Vest Congress with power to call for troops and to send them into the states where insurrection or rebellion exists. Who to determine which party in the right rebels or the state/ Vest Congress with power to determine this question on notice given to the parties. Cant prevent dissentions of one state with another save as to territory. Vest them with this power in all cases either immediately or thro their judiciary. Congress not able to prevent encroachments of the states. Let the boundary be ascertained with precision and let it be determined by the judiciary. Congress cant avail themselves of imposts. Let the general regulation of trade be vested in them. Congress ought to be enabled to prevent emissions of paper money. Let them be vested with such power. No power to erect great works, improve navigation promote agriculture etc. They ought not to have such powers. A state has the right to avail herself of all natural advantages. To erect great works would enable them to draw money independent of the states and would end in aristocracy oligarchy and tyranny. Congress ought to be paramount to state legislatures. Let Congress be empowered to negative all laws that interfere with confederation and if appeal by the state, let the question be determined in the judiciary.

AD (American Antiquarian Society)

28

SGPPLEME:-;T TO FARRA~D'S RECORDS

JOH!\ DICKINSON:"' REVISION OF VIRGINIA PLAK

Dickinson entered two substantive revisions on his copy of the Virginia Plan, introduced this day by Randolph. He changed the second article to read (his revisions in italics): Resolved therefore that the rights of suffrage in the first Branch of the national legislative ought to be proportioned to the Taxes and contributions

respectively collected in each state and paid into the common Treasury. To the seventh article Dickinson added (his additions in italics): Resolved that a National Executive be instituted; to be chosen by the national Legislature for the term of seven years: to receive punctually at stated times a fixed compensation for services rendered, in which no increase or diminution shall be made so as to affect the Magistracy, existing at the time of the increase or diminution; and to be ineligible a second time and that besides a general authority to execute the National Laws it ought to enjoy the executive rights vested in Congress by the Confederation with power to carry into Execution the national Laws [and] to appoint officers in

cases not otherwise provided for. AD (Historical Society of Pennsylvania)

GEORGE WASHINGTON: DIARY

Tuesday 29th. Attended Convention and dined at home-after wch. accompanied Mrs. Morris to the benifit Concert of a Mr. Juhan.

JOHK DICKINSON TO POLLY DICKINSON

Tuesday Evening My dear Polly, I had a very pleasant Journey and am very well. My hopes of something good for our Country are strong. Virtue and Wisdom must be employed. May Heaven bless our Endeavours. The tenderest Love to our precious Children. Tell them to be very good. Your truely affectionate ALS (Historical Society of Pennsylvania) 10. The Dickinson documents are published from texts established by the editor of this volume in "John Dickinson at the Federal Constitutional Convention," 3 William and Mary Quarterly 40 (April 1983): 256-82.

TUESDAY, MAY 29, 1787

29

jAMEs McHENRY TO PEGGY YlcHENRY

Philadelphia 29 May 1787 ... We are beginning to enter seriously upon the business of the convention, so that I shall have but little leisure to give my Peggy, except the reading of your letters . . . . PHOTOSTAT (Library of Congress)

WEDNESDAY, MAY 30, q87

jOHN LANSING: NOTES ON DEBATES

Met 1 pursuant to adjournm't. The Convention pursuant to order resolved itself into a Committee of the whole. Mr. Gorham (a member of 2 Massachusetts) appointed Chairman. Mr. Randolph then moved his first Resolution 3-b. Mr. G. Morris observed that it was an unnecessary Resolution as the subsequent Resolutions would not square with it. It was then withdrawn by the Proposer and in Lieu thereof the following were proposed-here Resolutions Q. In considering the Question on the first Resolve various Modifications were proposed when Mr. C. 4 Pinkney observed at last that if the Convention agreed to it it appeared to him the 5 Business was at an End for as the Powers of the House in general were to revise the present Confederation and to alter and 6 amend it as the Case might require, and 7 to determine its Inefficacy 8 or Incapability of Amendment or Improvement must End in a9 Dissolution of the Powers. This Remark had its Weight and in Consequence of it the rst and 2nd Resolve was droped and the Question agitated on the third. This last resolve had also its Difficulties-the Term Supreme required Explanation-it was asked whether it was intended to annihilate State Governments. It was answered only so far as the Powers intended to be granted I.

Yates adds "Convention met."

2. Yates: "from."

J. Lansing copied Randolph's "first Resolution," i.e., the first proposition of the Virginia plan, as well as the three substitute resolutions introduced after the "first Resolution" was withdrawn and which he called Resolutions Q, in the back of his notebook. His version of them is similar to that which appears in Madison's notes; Farrand, I :JJ. 4· Yates omits "C." 5· Yates: "that their." 6. Yates: "or." 7. Yates omits "and." 8. Yates: "insufficiency." 9· Yates: "the."

30

WEDNESDAY, MAY 30, 1787

3I

to the new Government should clash with the states, 10 the latter was to yield. The Question was then put 11for the Resolve

Against it

Massachusetts Pennsy Ivania Dele ware Virginia North Carolina South Carolina

Connecticut New York-divided The other States unrepresented 12

The next Question was on the following Resolve 13In Substance, that the Mode of the present Representation in Congress 1• was unjust-the Suffrage ought to be in Proportion ofl 5 Numbers or Property. To this Deleware objected in Consequence of the lnstructions 16 in their Credentials and moved for postponing it which was agreed to. 17 Adjourned till to Morrow. PIERCE BUTLER: NOTES ON DEBATES

May the 30th 1787 Resolved therefore that a National Government ought to be established, consisting of a supreme legislature, judiciary & executive • Resolved that the Representation in the National Legislature be not according to the present system • Not agreed to PHOTOSTAT (Library of Congress) JoHN DICKINSON: DRAFT MoTIONs 18

I. r. That an union of the States merely federal cannot accomplish the Objects of the Confederation, namely "Common Defense Security of Liberty and General Wellfare." Yates: "when." Yates omits this phrase. I2. Yates: "Jersey and." I 3. Yates: "resolution." I 4· Yates omits "in Congress." IS. Yates: "to." I 6. Yates: "restrictions." 17· Yates: "to have the consideration thereof postponed to which the house agreed." I 8. Motion I shows Dickinson tinkering with the tripartite substitute for the first resolution in the Virginia Plan, motion II with the resolution introduced by his Delaware colleague, George Read. 10.

1 I.

32

SGPPLEMEKT TO FARRAKD'S RECORDS

2. That no Treaty or Treaties between any of the states as individual Sovereigns can accomplish the Objects proposed by their Institution; namely "Common Defense Security of Liberty and General Wellfare." 3. Resolved therefore that a National Government ought to be established consisting of a supreme Legislature Judiciary and Executive instead of "accomplishing the Object, of the Confederation" say securing the Liberty and promoting the Happiness of the People of

II. Resolved, 2 -That to accomplish the Objects proposed by the Confederation, a more effective Government, consisting of a Legislative, Judiciary and Executive ought to be established Resolved 1 -That the Confederation is so defective that it cannot accomplish the Objects proposed by it, namely "Common Defense security of Liberty and general Wellfare." AD (Historical Society of Pennsylvania)

DRAFT MoTION 19

Resolved that it is the opinion of this Convention that the strictest friendship and Alliance, as well offensive as defensive should subsist between the states of America. Resolved that it is the opinion of this Convention that the Territory of the States is too extensive to consist of one Republic only Resolved therefore that it is the opinion of this Convention that the security of equal Liberty and general Welfare will be best preserved and continued by forming the States into three Republicks distinct in their Governments but United by a Common League Offensive and Defensive. PHOTOSTAT (Library of Congress)

19. Found in Pierce Butler's papers in a hand resembling Butler's but not indisputably his. A Butler holograph would not answer the question of whether Butler composed the resolutions himself or copied them from someone else. The resolutions are undated; they are assigned this date because they address a common problem and share a common vocabulary-"equal Liberty and general \Velfare"-with other resolutions introduced on May JO. They seem to relate, in some way, to Hamilton's remark of May 29, recorded by McHenry, that "it struck him as a necessary and preliminary inquiry to the propositions of Virginia whether the united States were susceptible of one government, or required a seperate existence connected only by leagues offensive and defensive and treaties of commerce" (Farrand, r: 17).

WEDNESDAY, MAY 30, 1787

33

GEORGE WASHINGTON: DIARY

Wednesday 3oth. Attended Convention. Dined with Mr. Vaughan. Drank Tea, and spent the evemng at a Wednesday evenings party at Mr. & Mrs. Lawrence's.

ELBRIDGE GERRY TO ANN GERRY

Philadelphia 3oth May 1787 I have received my dearest Life, six of your Letters, the two last of which have given me inconceivable pleasure. I am in the same Family in which I have lived, when here, since the year 1778. Doctor Jones has long resided in it, and is frequently called on by his patients in the Night. Notwithstanding this I have been alarmed, whenever awoke by persons who wanted him, and have dreaded to hear their Business, lest it should respect my dearest Girl or our lovely Babe: after your next Letter I shall feel easy on that score but my Love, I must request You to guard against the Effects of the excessive Rains we have had, by avoiding carefully the Evening Air, and indeed the early morning Air. Perhaps you will say there is no Danger of taking the latter, but I thot it best to give the Caution. These Rains have made the Earth so moist, that the uplands are like Meadows, and at this Season when the Sun has such power, they will produce such Exhalations as will make the atmosphere very damp and unhealthy. Checked perspirations, Color and Fever will I am apprehensive be the prevalent Consequence; and the frequent use of porter with Exercise when the Weather is clear and moderate, will perhaps be the best preventatives. The heavy, inelastic air of this city has given me a Head-Ache at Times, accompanyed with a Loss of appetite but I am otherwise very well. Indeed I am sometimes restless, but impute this to the Use of Tea which I propose to omit. I have not Occasion for the Care of any Females, except of my dearest love, to preserve Health; but if I had, every attention would be paid me here which I could wish or require . . . . Much inquiry has been made for you my love, but Mrs. Morris has not been amongst those who made it. I dined at her table as I informed you with an elegant Circle, but I have not called on her since, & I shall not again till you arrive. Perhaps the Curiosity of many may be of the Nature you mention, it's utmost object may be to see you on some public Occasion; for private Interviews would require Hospitality which does not flourish much in this Govt. Indeed my love there is and always has been as much difference between the Hospitality of this City and that of New York, as between the Sociability of a quaker and of a military Society. The Members of the first are like Monks and Nuns cloistered in a monastery,

34

SUPPLEMENT TO FARRA~D'S RECORDS

and the others are like Citizens of the World who have neither Attachments nor prejudices from professions or local Circumstances. Whenever you arrive then, You much not expect the attention of New York, and whether you receive many or none, it will not to me be a Matter of Consequence: to be independent, is my Determination . . . . Mrs. King is very friendly whenever I meet her, but I have lost my visiting Relish. I am happy to hear the attentions of your Friends, pray remember me in the most friendly Terms to all of them. ALS (Sang Collection, Southern Illinois University) 20

WILLIAM BLOUNT TO jOHN GRAY BLOUNT

New York May 30th q87 I have before informed that an Indisposition had detained me here. am I believe over the pain of it unless I bring it on by too much Exercise say by traveling. On the 25th seven states assembled in Convention and chose a President and Secretary and by this Time I think there are eleven States represented only New Hampshire and Rhode Island being unrepresented. I can not suppose anything definitive will be done in Convention in less than a Month and most people suppose not in less than two or three Months and I shall certainly be in Philadelphia in less than a Week. ALS (North Carolina Division of Archives and History)

RicHARD DoBBS SPAIGHT TO joHN GRAY BLOUNT

Philadelphia, 30th Ylay q87 Dear Sir: ... A Convention was not formed untill friday last, and then only by seven states; at present we have nine; Genl. \Vashington was of course unanimously elected President. The business being only just begun, it is a difficult point to say when we shall make a finish. Indeed I fear that much time will be expended in this business, much more than I expected when I came from home, and of course another supply of cash must take place to enable us to stay here. Should that article be deemed necessary and the Govt. grant warrants for a farther advance of salary would it be agreeable to you to remit mine to me? ... ALS (:'\orth Carolina Division of Archives and History) 20. Copies of the Gerry documents that appear in this edition were acquired from the Sang Collection at Southern Illinois University, but the collection has since been sold at auction and dispersed. The present ownership of the Gerry documents is impossible to ascertain.

WEDNESDAY, MAY 30, 1787

35

WILLIAM SAMUEL jOHNSON TO SAMUEL WILLIAM jOHNSON

New York, May 30 1787 My Dear Son: ... I go on tomorrow Morning to Philadelphia where Delegates are assembling from all the States in the Union, except Rhode Island, in a special convention for the purpose of reforming and strengthening our federal government. An arduous task! Gen. Washington presides and my colleagues from Connecticut are Mr. Sherman and Mr. Ellsworth. It is an affair of high and agitated expectation throughout the continent, but what will be the Issue of it no man can yet foresee. ALS (Yale University Library)

RoBERT BuRTON 21 TO joHN GRAY BLOUNT

Philadelphia May 30 q87 . the Convention sitting here are so very private that there is no telling what business they are on . . . ALS (North Carolina Division of Archives and History)

WILLIAM DAVIE TO jAMES IREDELL 22

Philadelphia, May 30, q87 Dear Sir: After a very fatiguing but rapid journey I arrived here on the 22nd. The Gentlemen of the Convention had been meeting from day to day waiting for the presence of seven States; on the 25th the members from Jersey attended, and General Washington was chosen president. Yesterday nine States were represented, and the great business of the meeting was brought forward by Virginia, with whom the proposition for a Convention had originated. As no progress can yet be expected in a business so weighty and at the same time so complicated, you will not look for anything new from this quarter. Be so good as to favor me, by the next post, with your opinion how far the introduction of judicial and executive powers derived from Congress would be politic or practicable in the States and whether absolute or limited powers for the regulation of trade both as [to] the exports and imports. I 21. 22.

Burton was a North Carolina delegate to Congress. Farrand (3:31) omitted the final paragraph of this letter.

SUPPLEMENT TO FARRAND'S RECORDS

trouble you frequently and I expect your opinion without reserve. Make my compliments to Mr. Johnston and believe me with great respect your mo. obd. W. R. Davie ALS (Duke University)

THURSDAY, MAY 31, 1787

JoHN LANSING: NoTES ON DEBATEs

Met pursuant to Adjournment. This Day the State of Georgia 1 was represented' so that there were now ten States represented. The House 3 again in• a Committee of the whole. 5 The third Resolve 6 "that the national Legislature ought to consist of two Branches" was taken into Consideration and without any Debate agreed to. 7 The 4th Resolve "that the Members of the first Branch of the national Legislature ought to be elected by the People of the several States" was opposed 8 by Massachusetts and Connecticut who supposed they ought to be elected• by the Legislature 10 and Virginia supported the Resolve, alledging that this ought to be the democratic Branch 11 and as such immediately vested in the People. The 12 Question was carried but the remaining Part of the Resolve detailing the Powers was postponed. The 5th Resolve 13-postponed. The 6th Resolved detailed-. 14 I.

Yates: "Jersey."

2. Yates: "in convention."

3· Yates: "went." 4· Yates: "into." 5· Yates: "Mr. Gorham in the chair." 6. Yates: "to wit." 7. Yates: "(N. B. As a previous resolution had already been agreed to, to have a supreme legislature, I could not see any objection to its being in two branches.)" 8. Yates: "and strange to tell." 9· Yates: "chosen." I o. Yates: "legislatures." I 1. Yates: "of government." I2. Yates: "This." I 3. Yates: "That the members of the second branch of the national legislature ought to be elected by those of the first out of a proper number of persons nominated by the individual legislatures, and the detail of the mode of election and duration of office was postponed." I4. Yates: "is taken in detail."

37

SUPPLEMENT TO FARRA:-iD'S RECORDS

That each Branch ought to possess the Right of originating Acts. Agreed. That the National Legislature ought to be empowered to enjoy the Legislative Rights vested in Congress by the Confederation. Agreed. 15 to legislate in all Cases in 16 which 17 seperate States are incompetent.

Agreed. Adjourned.' 8

GEORGE MASON: NoTES

In the Choice of the Senate, there is a material Difference between classing different Districts of the same State for the choice of Deputies or sub-electors, to appoint the Senators for their State; & classing together different States for that purpose-in the latter mode, there wou'd be Confusion, by blending together, in the choice, the Representations of different States.-The principal objection to each State's choosing separately, seems to be in the Danger of making the Senate too numerous; as the smallest State must have an Integral Vote in the Senate & the larger States in proportion.Might not this objection be obviated, by apportioning duly the Representation to each State, giving the smaller States an Integer, & confining the larger States to sending a smaller number of Senators than their proportion, to deliver their due number of votes! This method wou'd perhaps be exceptionable in the first Branch of the Legislature; but the objections do not apply, with equal Force, to the Senate. Farrand, 4:I4-I5.

GEORGE WASHINGTON: DIARY

The State of Georgia came on the Floor of the Convention to day which made a representation of ten States. Dined at Mr. Francis's and drank Tea with Mrs. Meredith.

GEORGE WASHINGTON TO HENRY KNOX

Philadelphia, May 3 r, 1787. My dear Sir: It gave me great pleasure to find by your letter of the 29th. that you were freed from all apprehension on acct. of Miss Lucys eye, and that we might flatter ourselves with the expectation of seeing Mrs. I 5. Yates: "And, moreover."

I6. Yates: "to." I

I

7. Yates: "the." 8. Yates omits.

THURSDAY, MAY 31, 1787

39

Knox and you at this place. It was not until! Friday last that Seven States Assembled in Convention. By these I was, much against my wish, unanimously placed in the Chair. Ten States are now represented, and Maryland probably will be so in the course of a few days. Should New Hampshire come forward, Rhode Island will then stand very singularly alone. As it is not even certain that this letter will get to New York before you shall have left it I will only add Compliments to Mrs. Knox and assurances of the sincerest friendship of Yr.etc. John C. Fitzpatrick, ed., The Writings of George Washington, 39 vols. (Washington, D.C., 1931-44), 29:224-25.

FRIDAY, JUNE

1,

1787

jOHN LANSING: NOTES ON DEBATES

Met pursuant to Adjournm't. 1 7th Resolve. That a national Executive be instituted. Agreed. to continue in Office> 7 Years. Agreed. a general Authority to execute the Laws. Agreed. to appoint all Officers not otherwise provided for. Agreed. Adjourned to 3 next Day. Thus far Judge Yates-1 have been prevented from attending the Convention at an earlier Day. GEORGE WASHINGTON: DIARY

Friday 1st. June. Attending in Convention and nothing being suffered to transpire no minutes of the proceedings has been, or will be inserted in this diary. Dined with Mr. John Penn, and spent the evening at a superb entertainment at Bush-hill given by Mr. Hamilton-at which were more than an hundred guests. DAVID BREARLEY, WILLIAM HoUSTON, WILLIAM PATERSON TO THE CouNCIL AND GENERAL AssEMBLY oF NEw jERSEY

That the Convention now sitting in Philadelphia, of which they are Members on the Part of New Jersey, have found it indispensibly necessary to employ a Secretary, a Messenger, and a Doorkeeper. That to defray the Wages of these Persons and the Expence of Stationary etc. some Funds will be requisite and the Convention possess none of any Kind. That as Congress have recommended the Meeting, they will no Doubt ultimately discharge the necessary Expenses attending it, but that there is little or no Prospect that they will be again in Session until sometime after the Convention rises. Yates: "The." Yates: "for." 3. Yates: "the." 1.

2.

40

FRIDAY, JUNE r, 1787

41

That the Proportion of New Jersey will be, upon a rough Estimate, about five Shillings a Day, and, to Appearances the Convention will sit about two or three Months. The Subscribers therefore pray, that the Honourable the Legislature will authorize them to draw on the Treasury, not exceeding a certain Amount, of which they, in their wisdom, will determine, for the Purpose of paying the Wages and Expenses aforesaid as far as the Proportion of the State shall require; the Account to be settled on proper Vouchers to be taken for what is paid and disbursed.• David Brearley William Paterson William Houston ALS (New Jersey Archives)

JoHN LANSING TO WILLIAM CoxE

Sir Bristol June rst 1787 I am now on my Way to Philadelphia at which place I shall probably remain for some Weeks. As it is inconvenient for me to wait on you at present I shall do myself that pleasure when I return as I wish to have some Conversation with you on the Subject of your Affairs entrusted to my Care. If [in] the meantime you should be in Philadelphia I shall be happy to see you at the City Tavern where I intend to lodge. I am sir your most obedient and very humble Servant J. Lansing Junior ALS (Historical Society of Pennsylvania)

RoBERT YATES TO ABRAHAM YATES

Philadelphia June I 1787 Sir Mr. Lansing who this day arrived here informs me that you are surprized you have not heard from me. I answered yours on the 20 ult. and sent it by the post, and I presume that you are now in possession of it. Alas sir! my forebodings there are too much realized, and to prevent any member from communicating the future proceedings of Convention 4· On June 4 the New Jersey General Assembly authorized the delegates to draw upon the Treasurer for any sum not to exceed £30 "to defray this State's Quota of the general Expenses which may accrue in the Course of the Convention" (Votes and Proceedings of the eleventh General Assembly of the State of New-Jersey, 35).

SUPPLEMENT TO FARRA!';D'S RECORDS additional Rules have since been entered into, one of which strictly prohibits the communication of its business until the final close of it. While I remain a sitting member these rules must be obligatory. How long I shall remain future events must determine. I keep in the meanwhile an exact journal of all its proceedings. This communication is in the most perfect confidence, in which only one other Person beside yourself can participate. My respectful compliments to the Governor and remain Sir Your most obedient humble Servant Robert Yates ALS (New York Public Library)

SATURDAY, JUNE

2,

1787

jOHN LANSING: NOTES ON DEBATES

Attended Convention. Present eleven States. Mr. Pinkney called for the Order of the Day-Resolved into a Committee of the whole. Mr. Wilson moved that the States should be divided into Districts consisting of one or more States and each District to elect a Number of Senators to form the second Branch of the national Legislature-the Senators to be elected and a certain Proportion to be annually dismissedavowedly on the Plan of the New York Senate. Question put-rejected. In the 7th Resolve the words to be chosen by the national Legislature agreed to. President Franklin moved that the Consideration of that Part of the 7th Resolve which had in Object the making Provision for a Commpensation for the Service of the executive be postponed for the Purpose of considering a Motion that the Executive should receive no Salary Stipend or Emolument for the Devotion of his Time to the public Services but that its Expences should be paid. Postponed Consideration. Mr. Dickenson moved that in the 7th Resolve the words and removeable on Impeachment and Conviction for malconduct or Neglect in the Execution of the Duties of the Office should be inserted after the words ineligible a second Time. Agreed. The Remainder postponed. Mr. Butler moved to fix the Number of which the Executive should consist. Ent [ere] d on Consideration. Mr. Randolph-Sentiments of the People ought to be consulted-they will not bear the Semblance of Monarchy-he prefered three Divisions of the States and one Executive to be taken from each-this Division obvious-it had been marked for other Purposes-If a single Executive Persons remote from him neglected-Local Views would be attributed to him, frequently well founded-often without Reason-this would excite Disatisfaction-he was therefore for an Executive of three. Butler-Delays, Divisions, and Dissentions arise from an Executive

43

44

SUPPLEMENT TO FARRAND'S RECORDS

consisting of many-Instance Holland distracted State occasioned by her many Councellors. Further Consideration postponed. Mr. C. Pinkney-Notice for Reconsideration of Mode of Election of the first Branch of the Legislature. Adjourned till Monday next. GEORGE WASHINGTON: DIARY

Saturday 2d. Majr. Jenifer coming in with sufficient powers for the purpose, gave a representation to Maryland; which brought all the States in Union into Convention except Rhode Island which had refused to send delegates thereto. Dined at the City Tavern with the Club & spent the evening at my own quarters. PENNSYLVANIA SOCIETY FOR THE ABOLITION OF SLAVERY: ADDRESS 1

To the honorable the Convention of the United States of America now assembled in the City of Philadelphia. The memorial of the Pennsylvania Society for promoting the Abolition of Slavery and the releif of free Negroes unlawfully held in bondage. The Pennsylvania Society for promoting the Abolition of Slavery and the releif of free Negroes unlawfully held in Bondage rejoice with their fellow Citizens in beholding a Convention of the States assembled for the purpose of amending the federal Constitution. They recollect with pleasure, that among the first Acts of the illustrious Congress of the Year r 77 4 was a resolution for prohibiting the Importation of African Slaves. It is with deep distress they are forced to observe that the peace was scarcely concluded before the African Trade was revived and American Vessels employed in transporting the Inhabitants of Africa to cultivate as Slaves the soil of America before it had drank in all the blood which had been shed in her struggle for liberty. To the revival of this trade the Society ascribe part of the Obloquy with which foreign Nations have branded our infant States. In vain will be their Pretentions to a love of liberty or a regard for national Character, while they share in the profits of a Commerce that can only be conducted upon Rivers of human tears and Blood. 1. This address was submitted to the Society's president, Benjamin Franklin, for presentation to the Convention. At a meeting on July 2, 1787, the Society was informed that Franklin had not presented the address and other documents, because he "had thought it advisable to let them lie over for the present."

SATURDAY, JUNE

2,

1787

45

By all the Attributes, therefore, of the Deity which are offended by this inhuman traffic-by the Union of our whole species in a common Ancestor and by all the Obligations which result from it-by the apprehensions and terror of the righteous Vengeance of God in national Judgements-by the certainty of the great and awful day of retribution-by the efficacy of the Prayers of good Men, which would only insult the Majesty of Heaven, if offered up in behalf of our Country while the Iniquity we deplore continues among us-by the sanctity of the Christian Name-by the Pleasures of domestic Connections and the pangs which attend there Dissolutions-by the Captivity and Sufferings of our American bretheren in Algiers which seem to be intended by divine Providence to awaken us to a Sense of the Injustice and Cruelty of dooming our African Bretheren to perpetual Slavery and Misery-by a regard to the consistency of principles and Conduct which should mark the Citizens of Republics-by the magnitude and intensity of our desires to promote the happiness of those millions of intelligent beings who will probably cover this immense Continent with rational life-and by every other consideration that religion Reason Policy and Humanity can suggest the Society implore the present Convention to make the Suppression of the African trade in the United States, a part of their important deliberations. Signed by order of the Society June the 2 1787 Jonathan Penrose Vice President AD (Historical Society of Pennsylvania)

SUNDAY, JUNE 3, q87

GEORGE WASHINGTON: DIARY

Sunday, 3d. Dined at Mr. Clymers and drank Tea there also.

GEORGE WASHINGTON TO GEORGE AUGUSTINE WASHINGTON

Philadelphia, June 3, 1787 It is painful to hear that the fine rains which are constantly watering this Country and which have given a vigour and verdure to the grain and grass about this City which is hardly to be described, should not have extended to you. The coolness of the weather is common to both, and the complaint of too much rain here, is now accompanied with apprehensions

and indeed reports of damage from frost. 1 As there is not the smallest prospect of my return before harvest and God knows how long it may be after it, I enclose you observations I made at last harvest. . . . The sentiments of the different members seem to accord more than I expected they would, as far as we have yet gone. There are now I I states represented and not much hope of another as Rhode Island refused to send and New Hampshire seems unable by some reason or another to come on . . . . ALS (Huntington Library)

NATHANIEL GORHAM TO NATHAN DANE

Philadelphia June 3 1787 We have now eleaven States-and have been every day last week in a Committee of the whole-in which to sound the sentiments of each other several propositions relative to a general Government have been submitted-the business was opened by Govr. Randolph of Virginia in an able manner-& I think there is a prospect that the Convention will agree in a pretty good plan-... I do not know that I am at liberty to mention in r. "This 9th of June is the first day of this Spring that a Fire would be disagreeable so cold and wet has been the Season" (William Shippen to Thomas Lee Shippen, June 49, 1787, Shippen Papers, Library of Congress).

SUNDAY, JL'NE 3, q8;

47

any manner what the Convention has done-but to you in confidence I can say that they have agreed I believe unanimously that there ought to be a National Legislative Executive & JudiciaryFarrand, 4:63-64

RUFUS KING TO HENRY KNOX

Philadelphia 3 June 87 Mr. Jennifer has arrived from Maryland. Mr. Dan!. Carrol, and Mr. Mercer, who was formerly in Congress from Virginia, are in the Maryland Deputation and are expected in a few days-Eleven States are represented, but we proceed slowly-I am unable to form any precise Opinion of the Results-Nothing however very important has turned up and issued unfavorably ... the weather has been, and continues, very cold for the season; we have now a Fire in our Chamber and find it extremely pleasantFarrand, 4:64

MONDAY, JUNE 4, q87

JOHN LANSING: NOTES ON DEBATES

Mr. Pinkney moved that the Blank in the 7th Resolution fixing the Number of the Executive be filled with the Word one. Mr. Wilson-It is congenial to the Feelings of the People to have a single Executive-they have been accustomed to it-Every State has a single Person as Executive-three may divide and adopt distinct Propositions. Mr. Sherman-ought to have a single Executive but a Council to aid him. Question whether Blank shall be filled with the Word one. Affirm. Neg. New York Massachusetts Connecticut Deleware Pennsylvania Maryland Virginia North Carolina 3 South Carolina Georgia

7 The 8th Clause was then considered.-Mr. Gerry moved its Postponement to take up the following "that a national Executive shall have a Right to negative every national Act which shall not be afterward past unless byPart of each Branch of the National Legislature." Mr. Wilson and Mr. King spoke in its Favor. Question carried for postponing 6 Ayes-4 Noes. Next Question on Motion by Mr. Wilson that the Executive have an uncontroulled Negative: by expunging the Words scored. Dr. FranklinMr. Maddison and Mr. Bedford against expunging. Carried unanimously against it. Motion by Mr. Butler that the Executive be vested with a Power to suspend all Act of national Legislature for Days. Unanimously carried in the Negative. 9th Resolve-that a national Judiciary be established. Agreed 8 States to 2-Connecticut and Maryland negative.

MONDAY, JUNE 4, 1787

49

Adjourned till to Morrow.

GEORGE MASON: DRAFT SPEECH'

It is not yet determined how the Executive is to be regulated whether it is to act solely from its own Judgment, or with the Advice of others whether there is, or is not to be a Council annexed to it; and if a Council, how far their Advice shall operate in controuling the Judgment of the supreme magistracy-If there is no Council of State, and the executive power be vested in a single Person; what are the Provisions for its proper Operation, upon casual Disability by sickness, or otherwise.-These are Subjects which must come under our Consideration; and perhaps some of the most important Objections would be obviated by placing the executive Power in the hands of three, instead of one Person. There is also to be a Council of Revision; invested, in a great Measure, with a Power of Negative upon the Laws; and an Idea has been suggested, either within or without doors, that this Council should be formed of the principal Officers of the State,-1 presume of the members of the Treasury Board, the Board of War, the Navy Board, and the Department for foreign Affairs: it is unnecessary, if not improper, to examine this part of the Subject now, but I will venture to hazard an Opinion, when it comes to be thoroughly investigated, that we can hardly find worse Materials out of which to create a Council of Revision; or more improper or unsafe Hands, in which to place the Power of a Negative upon our Laws.-It is proposed, I think, Sir, in the Plan upon your Table, that this Council of Revision shall be formed out of the Members of the Judiciary Departments joined with the Executive; and I am inclined to think,' when the Subject shall be taken up, it may be demonstrated, that this will be the wisest and safest mode of constituting this important Council ofRevision.-But the foederal inferior Courts of Justice must, I presume, be fixed in the several respective States, and consequently most of them at a great Distance from the Seat of the foederal Government: the almost continual Operation of the Council of Revision upon the Acts of the national Parliament, and upon their Negative of the Acts of the several State legislatures, will require that this 1. Farrand printed this draft speech in volume 4 from the holograph copy, which was not available when he prepared volumes I-3· In volume I (I IG-I4) he printed the draft from a version contained in a biography of Mason. The wording of the two versions is identical (with the exception of what are evidently typographical errors), although there are differences in punctuation and spelling, caused by Mason's biographer's efforts to "modernize" the text.

so

SUPPLEME~T

TO FARRAl\D'S RECORDS

Council should be easily and speedily convened; and consequently, that only the Judges of the Supreme foederal Court, fixed near the Seat of Government, can be Members of it; their Number will be small: by placing the Executive Power in three Persons, instead of one, we shall not only increase the Number of the Council of Revision (which I have endeavoured to show will want increasing), but by giving to each of the three a Vote in the Council of Revision, we shall increase the Strength of the Executive, in that particular Circumstance, in which it will most want Strength-in the Power of defending itself against the Encroachments of the Legislature.-These, I must acknowledge, are with me, weighty Considerations for vesting the Executive rather in three than in one Person. The chief Advantages which have been urged in favour of Unity in the Executive, are the Secrecy, the Dispatch, the Vigour and Energy, which the Government will derive from it; especially in time of war.-That these are great Advantages, I shall most readily allow-They have been strongly insisted on by all monarchical Writers-they have been acknowledged by the ablest and most candid Defenders of Republican Government; and it can not be denyed that a Monarchy possesses them in a much greater Degree than a Republic.-Yet perhaps a little Reflection may incline us to doubt whether these Advantages are not greater in Theory than in Practice-or lead us to enquire whether there is not some pervading Principle in Republican Governments which sets at Naught, and tramples upon this boasted Superiority-as hath been experienced, to their cost, by most Monarchys, which have been imprudent enough to invade or attack their republican Neighbors. This invincible Principle is to be found in the Love the Affection the Attachment of the Citizens to their Laws, to their Freedom, and to their Country-Every Husbandman will be quickly converted into a Soldier, when he knows and feels that he is to fight not in Defence of the Rights of a particular Family, or a Prince; but for his own. This is the true Construction of the pro Aris & focis which has, in all Ages, performed such Wonders-It was this which, in ancient times, enabled the little Cluster of Grecian Republics to resist, and almost constantly to defeat the Persian Monarch-It was this which supported the States of Holland against a Body of veteran Troops thro' a thirty Years War with Spain, then the greatest Monarchy in Europe, and finally rendered them victorious.-lt is this which preserves the Freedom and Independence of the Swiss Cantons in the midst of the most powerful Nations-And who that reflects seriously upon the Situation of America, in the Beginning of the late War-without Arms-without Soldiers-without Trade, Money, or Credit-in a Manner destitute of all Resources, but must ascribe our Success to this pervading, all-powerful Principle/ We have not yet been able to define the Powers of the Executive; and however moderately some Gentlemen may talk or think upon the Subject,

MONDAY, JUNE 4, 1787

5I

I believe there is a general Tendency to a strong Executive and I am inclined to think a strong Executive necessary-If strong and extensive Powers are vested in the Executive, and that Executive consists only of one Person; the Government will of course degenerate (for I will call it degeneracy) into a Monarchy-a Government so contrary to the Genius of the People that they will reject even the Appearance of it-1 consider the federal Government as in some Measure dissolved by the Meeting of this Convention-Are there no Dangers to be apprehended from procrastinating the time between the breaking up of this Assembly and the adoption of a new System of Government-I dread the Interval-If it should not be brought to an Issue in the Course of the first Year the Consequences may be fatal-Has not the different Parts of this extensive Government, the several States of which it is composed a Right to expect an equal Participation in the Executive, as the best means of securing an equal Attention to their Interests! Should an Insurrection, a Rebellion or Invasion happen in New Hampshire when the single supreme Magistrate is a Citizen of Georgia, would not the People of New Hampshire naturally ascribe any Delay in defending them to such a Circumstance and so vice versaIf the Executive is vested in three Persons, one chosen from the northern, one from the middle, and one from the Southern States, will it not contribute to quiet the Minds of the People, and convince them that there will be proper attention paid to their respective Concerns/ Will not three Men so chosen bring with them, into Office, a more perfect and extensive Knowledge of the real Interests of this great U nionl Will not such a mode of Appointment be the most effectual means of preventing Cabals and Intrigues between the Legislature and the Candidates for this Office, especially with those Candidates who from their local Situation, near the Seat of the federal Government, will have the greatest Temptations and the greatest Opportunitysl Will it not be the most effectual means of checking and counteracting the aspiring Views of dangerous and ambitious Men, and consequently the best Security for the Stability and Duration of our Government upon the invaluable Principles of Liberty! These, Sir, are some of my motives for preferring an Executive consisting of three Persons rather than of one. Farrand, 4: 15-20

GEORGE WASHINGTON: DIARY

Monday 4th.

Attended Convention. Representation as on Saturday.

52

SUPPLEMENT TO FARRAND'S RECORDS

Reviewed (at the importunity ofGenl. Mifflin and the officers) the Light Infantry-Cavalry-and part of the Artillery, of the City. 2 Dined with Genl. Mifflin & drk. Tea with Miss Cadwallader.

2. "In the Evening my wife and I went to Market Street Gate, to see the great and good Man General Washington. We had a full View of him and Major Jackson who walked with him, but the Number of People that followed him, on all Sides, was astonishing. He has been out on the Field to view Capt. S. Miles with his Troop of Horse, the Light Infantry, and Artillery" (Jacob Hiltzheimer, diary, American Philosophical Society).

TUESDAY, JUNE 5, q87

JOHN LANSING: NOTES ON DEBATES'

Met pursuant to Adjournment. Being indisposed I did not attend but Judge Yates gave me the following Account of their Proceedings. The 9th Resolve. That a national Judicial be established to consist of one Supreme Tribunal and of Inferior Tribunals-agreed to-unanimously. Mr. Wilson moved that the Judicial be appointed by the Executive instead of the national Legislature. Mr. Maddison opposed-the Judges ought to be appointed by the Senetorial Branch of the Legislature. Moves that the words the national Legislature be struck out. Carried 8 for and 2 against. Good Behaviour and fixed Salaries carried unanimously. The remainder of the Clause postponed. IO. Resolve-Read and agreed to. I r. Resolve-Read and postponed. 12. Resolve-Read and agreed to. IJ. Resolve-Read and postponed. 14. Resolve-Same. r 5. Resolve-Mr. Maddison enforced the Necessity of this Resolve for that the new Constitution ought to have the highest Source of Authorityat least paramount to the several Constitutions-points out the Mischiefs arising from the present Confederation depending on ordinary State Authorities-Instance the Effect of Treaties when contrasted with antecedent Acts of Legislature. Mr. King-the People have tacitly agreed to the Confederation and that the Legislature have a Right to confirm any Alterations in it. A Convention of the States however the most eligible to confirm new Government. Mr. Wilson-People must ratify-all will not come in soon-but as the States do they will confederate. Postponed 7 States to 3. Question on 9th Resolve to strike out Inferior Tribunals. Carried by 5 States against 4· 2 States divided-New York of that Number. I. Lansing's transcription of Yates's notes and the version of those same notes printed by Genet in I 82 I differ substantially on this day; both are presented for the reader's consideration.

53

54

SUPPLEMENT TO FARRAI\D'S RECORDS

Mr. Wilson-in Addition to this Clause-that the National Legislature shall have the Authority to appoint Inferior Tribunals. Carried 7 States against 3-New York divided. Adjourned till to Morrow.

RoBERT YATES: NoTES ON DEBATES, AS PRINTED BY GENET

Met pursuant to adjournment. The 9th resolve, That a national judicial be established to consist of one supreme tribunal, and of inferior tribunals, to hold their offices during good behaviour, and no augmentation or diminution in the stipends during the time of holding their offices. Agreed to. Mr. Wilson moved that the judicial be appointed by the executive, instead of the national legislature. Mr Madison opposed the motion, and inclined to think that the executive ought by no means to make the appointments, but rather that branch of the legislature called the senatorial; and moves that the words, of the appointment of the legislature, be expunged. Carried by 8 states-against it 2. The remaining part of the resolve postponed. The roth resolve read and agreed to. The r rth resolve agreed to be postponed. The I 2th resolve agreed to without debate. The 13th and 14th resolves postponed. The I 5th or last resolve, That the amendment which shall be offered to the confederation, 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, was taken into consideration. Mr. Madison endeavored to enforce the necessity of this resolve-because the new national constitution ought to have the highest source of authority, at least paramount to the powers of the respective constitutions of the states-points out the mischiefs that have arisen in the old confederation, which depends upon no higher authority than the confirmation of an ordinary act of a legislature-Instances the law operation of treaties, when contravened by any antecedent acts of a particular state. Mr. King supposes, that as the people have tacitly agreed to a federal government, that therefore the legislature in every state have a right to confirm any alterations or amendments in it-a convention in each state to approve of a new government he supposes however the most eligible. Mr. Wilson is of opinion, that the people by a convention are the only power that can ratify the proposed system of the new government. It is possible that not all the states, nay, that not even a majority, will

TUESDAY, JUNE 5, 1787

55

immediately come into the measure; but such as do ratify it will be immediately bound by it, and others as they may from time to time accede to it. Question put for postponement of this resolve. 7 states for postponement-3 against it. Question on the 9th resolve to strike out the words, and of inferior tribunals. Carried by 5 states against 4-2 states divided, of which last number New-York was one. Mr. Wilson then moved, that the national legislature shall have the authority to appoint inferior tribunals, be added to the resolve. Carried by 7 states against 3. New-York divided. (N. B. Mr. Lansing from New-York was prevented by sickness from attending this day.) Adjourned to to-morrow morning.

GEORGE WASHINGTON: DIARY

Tuesday 5th. Dined at Mr. Morris's with a large Company, & Spent the Evening there. Attended in Convention the usual hours.

WEDNESDAY, JUNE 6, q87

JoHN LANSING: NoTES oN DEBATES

Met according to Adjournment. 4th Resolve-C. Pinkney moves-dele People and insert Legislature. Messrs. Wilson, Gerry, Sherman spoke in Favor of Amendment. Mr. Mason, Mr. Reed, Mr. Dickinson and Mr. Maddison against it. Mr. Sherman in the Course of his Remarks observed that the general Government could only have the Regulation of Trade and some other matters of general Concern and not to all the Affairs of the Union. Wilson moved to reconsider that Part of the System which gives the Executive a Right of objecting to national Laws and to Judicial as a Council of Revision. Mr. Maddison seconded it. Neg. 8 States-Affirm. 3· New York aff. C. Pinkney gave Notice that on Friday he would move to reconsider the Clause authorizing national Legislature to negative all Laws. Adjourned till to Morrow.

GEORGE WASHINGTON: DIARY

Wednesday 6th In Convention as usual. Dined at the Presidents (Doctr. Franklins) & drank Tea there-after which returnd. to my lodgings and wrote letters for France.

s6

THURSDAY, JUNE 7, 1787

JoHN LANSING: NoTEs oN DEBATES

Met according to Adjourm't. 5th Resolution considered. C. Pinkney-the Number of which the second Branch was to consist ought previously to be fixed. If each of the smaller States is to have one will amount at least to 86. Dickenson-Supposed Legislatures ought to elect-he was for House of Peers or something similar. He moved the following ResolveResolved that the Members of the second Branch of the national Legislature ought to be elected by the Individual Legislatures. Mr. Williamson moved that after Legislature the words consisting of . . . . . . . . . . . . . . should be inserted. Supposes 100 Senators would be agreed to--he would be content to reduce them to 2 5. Mr. Wilson-As Convention have already voted a national Government foederal Principles cannot obtain. If so, we ought to try to procure different

Views and different Sentiments-Representation cannot be proportioned by Numbers-Propagation by best Calculation so rapid as to double Number of Inhabitants ever 25 Years-Of Consequence if Representation encreased in proportion to Population the older the Government the weaker and more debilitated would it be. He proposed a Division into Districts for Representation-that Division to be permanent. Mr. Janifer-Representation ought to be proportioned by Contribution. Mr. Mason-Can Gentlemen suppose that so extended an Empire can be benefited in proportion to the Burthens to which they submit to support it.-Is not for annihilating Individual States-a large Majority of the Legislature on most local Questions cannot be properly informed of those Circumstances which perhaps are indispensibly necessary to enable them to form a Judgment. Maddison-If each State retained its Sovereignty an Equality of Suffrage would be proper, but not so now. Dickenson-National Government like the Sun the Centre of the planetary System should rule attract pervade and brighten all the States-but cannot abolish State Governments. Wilson-Does not wish to extinguish State Governments-but believes they will neither warm or brighten the Sun-Rome in her most powerful

57

ss

SUPPLE:\1ENT TO FARRA!\ID'S RECORDS

Imperial State could not effectually pervade and protect every Part of its Dominion nor could the U.S. Moved by Mr. Wilson-that the second Branch be elected by the People of certain Districts to be formed for that Purpose. And that the Resolution be postponed. Mr. Maddison same Opinion. Question put. Negatived. Question on original Clause as moved by Dickenson. Carried unanimously. Adjourned till to Morrow.

PIERCE BuTLER: NoTES oN DEBATES

June the 7th 1787 Mr. Guery. No Matter That the Value of the Landed property depends on the Encouragement given the Trade. Ergo it must not be shackled. The State Government Mr. Willson says will be rivals of the National. Surely they will be more jealous of them if they have no hand in creating them. PHOTOSTAT (Library of Congress)

jAMES WILSON: DRAFT RESOLUTION 1

Resolved That the second Branch of the national Legislature shall be elected in the following Manner-that the States be divided into Districts; the first the second to comprehend the States to comprehend the States of of the third to comprehend the States of the fourth to comand etc.-that the Members shall be elected prehend the states of by the said Districts in the Proportions following, in the first District Resolved Years, and That the Members of the second Branch be elected for that immediately after the first Election they be divided by Lot into Classes; that the Seats of the Members of the first Class shall be vacated at the Expiration of the first Year, the second the second Year and so on continually; to the End that the Part of the second Branch, as nearly as possible may be annually chosen. Resolved That it shall be in the Power of the national Legislature, for the ConI. This draft appears to have been prepared in connection with Wilson's motion, June 7, "That the second branch of the national legislature be chosen by districts, to be formed for that purpose" (Farrand, I: I 57).

THURSDAY, JUNE 7, 1787

59

venience and Advantage of the good People of the United States, to divide them into such further and other Districts for the Purposes aforesaid as to the said Legislature shall appear necessary. AD (Historical Society of Pennsylvania)

GEORGE WASHINGTON: DIARY

Thursday 7th. Attended Convention as usual. Dined with a Club of Convention Members at the Indian Queen. Drank Tea & spent the evening at my lodgings.

joNATHAN DAYTON TO DAviD BREARLEY

Contrary to my wish I have been nominated in the Assembly and very contrary to my expectation, appointed in the joint-meeting to a seat in the federal convention. Believe me sir, I feel about me on this occasion all that diffidence with which the consciousness of my youth and inexperience as well as inability to discharge so important a trust, cannot but impress me. The honor which must naturally attend my being associated with such very respectable characters as colleagues; The improvement to be derived from hearing the sentiments and communications of so learned an Assembly, were, I confess the motives which influenced me, perhaps too powerfully, to accept the appointment. Were I less assured of your friendly aid and advice wherever I might need it, were the gentlemen joined with you, men of less eminent abilities than they are, I should have been utterly discouraged from entering upon the task. I can never, sir, pretend to lay claim to any merit in common with you all but that which my zeal to serve and be useful to my country may give me a title to. I shall return to Elizabeth tomorrow to visit my family where I shall continue until I am informed by a letter from you or one of the other gentlemen that my attendance in Philadelphia is necessary to keep up the representation. When this happens I shall immediately repair thither regretting the necessity which calls either of you from his station and leaves it to be occupied by one so very far his inferior. Mr. Houston has formally resigned in consequence of his ill state of health-Mr. Clark has also resigned, but in his usual way that is very informally, because he thinks there is a kind of incompatibility in the two appointments, I am therefore unfortunately the only one on the list of supernumeranes. You will oblige me much by writing to me by the return of the first post, and at such other times and as often as your leisure will permit. ALS (Harvard University)

FRIDAY, JUNE 8, q87

JoHN LANSING: NoTEs oN DEBATES

Met according to Adjournm't. Motion by Mr. C. Pinkney to reconsider 6th Resolve to substitute instead of the Words contravening in the Opinion of the national Legislature the Articles of the Union the Words which shall appear improper. Maddison, C. Pinkney and Dickenson spoke in Favor of it-Williamson, Bedford and Sherman against it. Question-Massachusetts, Virginia, and Pennsylvania for it, one divided and other 7 States against it. C. Pinkney-on the above Subject. lndispensibly necessary to vest a great controuling Power in national Legislature, which may like the Centre of the plenetary System retain all the surrounding Planets in their proper Orbits-the Individual States must submit to this Controul for the general Benefit. The Power as expressed in the Resolution must be productive of Contention and if a Difference in Sentiment arises who is to be the Arbiter? Williamson-The national Legislature ought not to have a Right to negative any Laws but such as may operate to the Prejudice of the Nation. Madison-wished the precise Line of Power could be ascertained-But totally impracticable-for if a Dispute arises the State Judiciaries are compelled to expound the Laws so as to give those of the individual State an Operation-National Government centrifugal. Gerry-Is doubtful whether it is the Intention of Gentle[men] to give this Power a retrospective Effect-wishes it explained-has no Objection [among others] to extend it to Emission of paper Money. C. Pinkney-If this acceded to it will operate to abrogate all State Laws and even Constitutions incompatible with national Government. Wilson-National Government implies the Idea of an Absorbtion of State Sovereignty. Congress in compliance with Wishes oflndividual States and from an accomodating Disposition lost those Essential Powers without which a general Government was a mere Sound-The original D [esig] n of Confederation materially different. Dickenson-repeats some Reasons already urged-for Motion. Bedford-Objects to these Powers because an undue Weight is intended to be given to some States-Pennsylvania and Virginia are intended to have one third of Representation-The smaller States will be so unconsequential

6o

FRIDAY, JUNE 8, 1787

61

in the general Scale that their Interests will be uniformly sacraficed whenever they are adverse to those of larger States, and the Voice of the solitary Member from Deleware it is not probable will be attended to. Adjourned till to Morrow.

PIERCE BuTLER: NoTES ON DEBATES

Mr. Pinckney. Antient Republicks fell by their own turbulancy. Mr. Madison. No Line can be drawn between the State Governments and the General Government. Willson. Let Us forgett Local and narrow distinctions. Partial Evil must submit to general good. Maddison. A power in the different States to ratify state Laws. What power is this to be! An individual! a Council! [indecipherable] a Bey or Bashaw. This Assembly must end in Anarchy. We must consider ourselves as One whole that may apply if our resources were common and equal. Whether the States vote equally or not there can be no danger of the state Governments. Ans. If the large States get a decisive Majority in the General Government, they may allow the small States the Name and that is all left them. The large States having got a decided Majority in the General Government they will be indifferent about the individual state Governments; besides having a decided Majority they may pass partial Laws. PHOTOSTAT (Library of Congress)

GuNNING BEDFORD: NoTES FOR A SPEECH 1

Notes etc. Embarrassments I labour under. Reliance on experience and wisdom of I. These notes seem to have been composed at the beginning of the Convention when Rutledge and others complained about the delegates' "shyness" in speaking or, in the words of this document, the "General silence of members." The "two sets of Propositions offered" were the Virginia plan and, apparently, Pinckney's plan of government, although it is possible that the reference is to the Virginia plan and the New Jersey plan, which would date the document after the presentation of the latter, June I 5. The notes represent the sentiments of a small state delegate, but they do not conform to any speech in Farrand's Records. The sentence, "Independent states to be considered as individuals with regard to superior fortune," is a strong echo of an argument made by William Paterson on June 9 (Farrand, I:J78); otherwise the notes are a digest of small states' sentiment. They may be notes for a speech Bedford intended to deliver and are dated June 8, the date on which he made at least one of the points contained in the notes (Farrand, I: qo). Equally good arguments could be made for other dates.

62

SUPPLEMENT TO FARRAND'S RECORDS

Convention. General silence of members. But two sets of Propositions offered. Danger of precipitation into question of great importance. The object for which we have convened. Defects in Confederation. Two principal ones. Want of coercive powers and power to regulate trade. Do the propositions reach the express evil we are met to remedy or does it not go much further/ The larger states want to improve the present occasion to go farther than we are authorized. They rely on their states approval because to their interest. No such approbation from smaller states. Smaller states rely on Confederation. Breach of faith is greater to ask it of them. Consequences of this breach of faith. Will smaller states be bound to pay their proportions of public engagements. Independent states to be considered as individuals with regard to superior fortune. Smaller states already deceived. The western lands held out as fund for discharge of public Debt. Republican principles prevalent in the states. No aristocracies among us. Shall we make such a division as well as raise an aristocracy! The different mode of representation opens the door to play states off against each other in elections to try which states shall preponderate. This evil increases in proportion as the different objects of men and states. The same disposition in States as in individuals to tyranny. This acknowledged by the gentlemen in opposition. The great unequality of representation in sovereign states. Modern confederated republics will not justify it, as States Genl., Switzerland, nor the states of the Empire. Neither will the ancient republics of Greece, in either each independent state has its vote without regard to size or wealth. AD (American Antiquarian Society)

GEORGE WASHINGTON: DIARY

Friday 8th. Attended the Convention. Dined, drank Tea, and spent the evening at my lodggs.

SATURDAY, JUNE 9, q87

jOHN LANSING: NOTES ON DEBATES

Met pursuant to Adjournm't. Gerry moved to reconsider Appointment of Executive-agreed to reconsider it-He then moved that the Executives of the several States should elect national Executive-and that each Executive should have the same Number of Votes in the Election as the State he represents has Members of the first Branch. Reason-Fewer Persons greater Responsibility. Randolph-Necessary to cloathe national Executive with every possible Confidence-this cannot be obtained in any Mode more effectually than by Election by national Legislature. Is it probable that all the Executives will be disposed to promote the Growth of the large Oak which is to reduce them to insignificant Shrubs? Individual Executives not qualified-they have not the Informationtheir Interests are distinct. It is not their Interest to elect the best Men to fill that Station-It must also cause a periodical Interregnum. On Question-IO Noes-Deleware divided. The I rth Resolve was then read-Upon which Mr. Brearly called for the 2nd general Proposition marked C.' Brearly-This Mode of Representation just if all considered as one Nation-but if State Distinctions still obtain-if Measures are pursued to perpetuate their seperate Interests-let the whole be divided into Districts of nearly equal Size and Numbers of Inhabitants-but in our present Situation the Interests of the Smaller States must be sacraficed. He had made a calculation of the relative Representation which had been repeatedly hinted at which need only be read to enable us to determine the probable Consequence-this was on Number of free Inhabitants. Georgia . . . . . . . . . . . . . . . . . . . . . . . Deleware ..................... Rhode Island .................. New Hampshire .............. New Jersey ................... Massachusetts

South Carolina . . . . . . . . . . . . . . . . North Carolina ................ 2 New York .................... 3 Connecticut ................... 5 Maryland ..................... . . . . . . . . . . . . . . . 14 I I

6 6 8 8 6

1. I.e., the second resolution of the Virginia plan, which Lansing marked with a "C" when he copied it at the rear of his notes on debates.

SUPPLEMENT TO FARRAND'S RECORDS

Pennsylvania . . . . . . . . . . . . . . . . I 2 Virginia . . . . . . . . . . . . . . . . . . . . I 6 He was appointed to give foederal Powers-but these too extensive. Patterson-Powers of Convention inadequate to this System. Confederation is Basis of our proceeding. Representation exemplified by two Men possessing different Shares of Property-both have a Vote-but the Man of Property has more to protect by Government and he has greater Influence. Equal Division of Territory-Hints had been thrown out by Gentleman from Pennsylvania [Wilson] that a new Confederation between some of States would be formedIf Jersey would not be inattentive to her Interest-that State never would agree to the present System. Wilson-If Confederation dissolved either Majority or Minority may Confederate. Compound Ratio of Property and Numbers would perhaps be best to determine Representation-Pennsylvania has not yet been taught to adapt itself to the Scale of Representation proposed by ] ersey-Never will-The States are now as in State of Nature-Each Individual ought to have an equal Weight in Government. He has no Authority to divide States. He will uniformly vote against every State Establishment. Postponed. Adjourned till Monday.

DAVID BREARLEY TO jONATHAN DAYTON

Philadelphia 9th June I787 Dear Sir: Your favor of the 7th was delivered to me yesterday by Mr. Elijah Clark: and I do assure you that I was made extremely happy by being informed that the Legislature had joined you to the Delegation. Your abilities and inclination are so well known to me, as to leave no room to doubt of your affording us both able and necessary assistance. I am distressed that Mr. Houstons health is so bad as to make it necessary for him to decline. He did not hint such a thing to us when he left us; altho it was pretty certain that he could not have attended very closely. We have been in a Committee of the Whole for some time, and have under consideration a number of very important propositions, none of which, however, have yet been reported. My Colleagues, as well as myself, are very desirous that you should join us immediately. The importance of the business really demands it. Besides one of the Gentlemen, as soon as the state of the business wil admit, is

SATURDAY, JUNE 9, 1787

6s

anxious to pay a visit to his family for a few days. We therefore expect the pleasure of seeing you sometime the ensuing week. I am with every sentiment of respect and esteem Dear Sir Your obedient humble servant David Brearley ALS (Historical Society of Pennsylvania)

GuNNING BEDFORD: NoTES oN DEBATES

Mr. Brearly. Against. The proposed mode of representation unfair as by calculation made on the last requisitions of Congress. I 6 Townships in one County inN. Jersey. One of them as large as any three others. The large one always sends whom she pleases. Agree it is not fair that Georgia should have the same voice as Virginia. The only way to remedy it by equalizing the states. Mr. Patterson. The powers of Convention not adequate to the present object. If we don't confine ourselves to our powers, our constituents will not assent. Our commissions contain complections of the States. Sovereignty includes equality. Confederation must be made by sovereign states. Equality obtained by equalization. No citizen will be injured by this. A large state should pay more because she has more to protect. By a calculation of the number of Members to be sent to Parliament it appeared they would have one third share. Would this save America from tyranny. The efficacy of Nations depends on the power vested in them and not the source from which the power derived. AD (American Antiquarian Society)

GEORGE WASHINGTON: DIARY

Saturday 9th. At Convention. Dined with the Club at the City Tavern. Drank Tea, & set till ro oclock at Mr. Powells.

SUNDAY, JUNE ro, q87

GEORGE WASHINGTON: DIARY

Sunday roth. Breakfasted by agreement at Mr. Powell's, and in Company with him rid to see the Botanical garden of Mr. Bartram; which, tho' Stored with many curious pits. Shrubs & trees, many of which are exotics was not laid off with much taste, nor was it large. From hence we rid to the Farm of one Jones, to see the effect of the plaister of Paris which appeared obviously great-First, on a piece of Wheat stubble, the ground bearing which, he says, had never reed. any manure; and that the Wheat from whence it was taken was so indifferent as to be scarcely worth cutting-The white clover on this grd. (without any seed being sown & the plaister spread without breaking up the soil) was full high enough to mow, and stood very thick. The line between this and the herbage around it, was most obviously drawn, for there nothing but the naked stubble, some weeds & thin grass appeared with little or no white clover. The same difference was equally obvious on a piece of mowing grd. not far distant from it for where the Plaister had been spread the White and red clover was luxuriant and but little of either beyond it and these thin. The Soil of these appeared loamy-slightly mixed with Isingglass and originally had been good; but according to Jones's account was much exhausted. He informed us of the salutary effect of this plaister on a piece of heavy stiff meadow (not liable however to be wet) where it transcended either of the two pieces just mentioned in the improvement. This manure he put on the 29th. of October in a wet or moist spot, and whilst the Moon was in its increase, which Jones says he was directed to attend to (but this must be whimsical) and at the rate of about 5 bushls. to the Acre. When it is laid on grass land or Meadow he advises harrowing, previously, to the laying it thereon in order to raise the mould for incorporation. From hence we visited Mr. Powells own farm after which I went (by appointment) to the Hills & dined with Mr. & Mrs. Morris. Returned to the City abt. dark.

66

SUNDAY, JUNE

10,

r;87

jAMES MADISON TO jAMES MoNROE

Philada. June ro. I7 8 7. Dear Sir I have been discouraged from answering sooner your favor of by the bar which opposes such communications as I should incline not less to make than you must do to receive. One of the earliest rules established by the Convention restrained the members from any disclosure whatever of its proceedings, a restraint which will not probably be removed for some time. I think the rule was a prudent one not only as it will effectually secure the requisite freedom of discussion, but as it will save both the Convention and the Community from a thousand erroneous and perhaps mischievous reports. I feel notwithstanding great mortification in the disappointment it obliges me to throw on the curiosity of my friends. The Convention is now as full as we expect it to be unless a report should be true that Rh. Island has it in contemplation to make one of the party. If her deputies should bring with them the complexion of the State, their company will not add much to our pleasure, or to the progress of the business. Eleven States are on the floor. All the deputies from Virga. remain except Mr. Wythe who was called away some days ago by information from Williamsburg concerning the increase of his lady's ill health. I had a letter by the last packet from Mr. Short, but not any from Mr. Jefferson. The latter had sett out on his tour to the South of France. Mr. Short did not expect his return for a considerable time. The last letter from him assigned as the principal motive to this ramble, the hope that some of mineral springs in that quarter might contribute to restore his injured wrist. Present me most respectfully to Mrs. Monroe. Y rs. Affecy. Js. Madison Jr. ALS (Library of Congress)

RUFUS KING TO THEODORE SEDGWICK

Philadelphia, ro June 1787. I am happy my Dear Friend that you are a member of the Legislature for the present year; and cannot but flatter myself that you will have so respectable a number of your own sentiments that you will be able to check the madness of Democracy, and hold the political ship at least where she is, if you shall not be able to manage her agreeably to your own just opinions. Moderation and firmness will be essential in your measures; I wish you may have as good a proportion of these excellent qualities as truly characterise our convention. I know you are anxious, in common with the virtuous and reflecting characters of every State, to be informed of the Disposition and projects which have shown themselves in the Convention.

68

SUPPLEMENT TO FARRAND'S RECORDS

Be a little patient; I think there is some foundation to hope for Good. am precluded from communicating, even confidentially, any particulars of the proceedings. However I shall ask your opinion by an early post on some points of consequence, which must receive a Discussion in the Convention; the Question must be made to you in confidence, and may serve to give you some Idea of what will be contended for by a respectable number of political characters. Farewel-Remember that the character, nay the most important Interest of Mass. is concerned in their sending men of consequence, and not Dunces to Congress. Probably the most important considerations may be under the deliberation of the next Congress-the public Debt, the claim of the several states, and a number of other Objects equally interesting and consequential:Once more, Farewel, R. King I am very much pleased with Mr. Strong his mind is what it should be. ALS (Massachusetts Historical Society)

MONDAy' JUNE

I I'

I

7 87

JoHN LANSING: NOTES ON DEBATES

4th Resolve e considered. Mr. Sherman-moved that Right of Suffrage be determined byNumber of free Inhabitants in each State.-This Motion not seconded. Each State ought to have one Vote-Individual States to be considered as representing House of Lords. Governor Rutlege moves that Representation be apportioned to Contribution. King-moves that Representation be not apportioned by the Rule mentioned in the Confederation-but that some other equitable Mode be adopted. Franklin-It does not follow that because States in Union are unequally represented that therefore the greater Representation will oppress the lesser. Instances Great Brita in. On Question on Mr. King's Motion-Affirmative 7 States. NegativeNew York, New Jersey and D[elaware]-Maryland divided. Mr. Rutlege's Motion then consideredDickenson-Quota of Contribution would throw too great a Share of Power in State that pays most-which Power may be directed to exempt itself from Contribution. Taxes, Contributions and Impost collected in the State ought to be Criterion. Butler-Individual States ought to retain distinguished Marks of Sovereignty-Let them levy Tax. Wilson-There are some great national Objects to be attained by Government so constituted as this is supposed-Post Office an important one. Moves that Representation of the first Branch be in Proportion to the free Inhabitants and 3 I 5 of all others. Gerry-If Negroes represented why not Horses and Cows-Slaves not to be taken in under any Idea of Representation. Question on Wilson's. ro States Affirmative, one Negative. Sherman moves that in the second Branch of Legislature each State have one Vote. 5 Ayes-6 Noes. Ayes-New York, New Jersey, Connecticut, Deleware, and Maryland. That second Branch be apportioned as the first. On Question 6 Ayes-s Noes.

SGPPLEME~T

TO

FARRA~D'S

RECORDS

I Ith Resolve that a Republican Governement and etc. Mr. Reed moved that Government be obliterated and the Constitution and Laws of each State be inserted. Mr. Madison moved that those Words be inserted after Government. Agreed to Mr. Madison's M [otion]. Agreed to strike out Words scored. IJfh Resolve agreed to. I4.th ResolveRandolph-There is no Constitution that does not contravene Confederation-Judicial Officers sworn to observe Constitution-Wherever National and State Views are opposed those of State will be prefered.

PIERCE BuTLER: NoTES ON DEBATES

Guery. Are we to enter into a Compact with Slaves. No! Are the Men of Massachusetts to put their hands in our purses. No! The Gentleman makes a Calculation of the possibility of four out voting 6. Are not the four bound by the same law. Well if you take the Blacks out of the Question in One way surely they ought in another. This Country will not pay in proportion to its wealth. The Gentleman says 3 roth pray is not that a Compact. The Gentleman says no Acct. of Blacks pray of what Acct. are the Number of White Inhabitants of Massachusetts to the southern states if they cant be brought therein to defend it. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Monday I rth. Attended in Convention. Dined, drank Tea, and spent the evening in my own room.

WILLIAM BLOUNT TO JosEPH CLAY

Newyork June I rth 1787 At present there are not States enough represented to form a Congress and I believe will not be untill the Convention rises. The Members of the Convention observe such inviolable Secrecy that it is altogether unknown out doors what they are doing. I shall leave this in a few days to take my Seat among them. Farrand, 4:64-6 5.

TUESDAY, JUNE r2, q87

joHN LANSING: NoTES oN DEBATES I sth ResolveQuestion-s Ayes, 3 Noes, and two divided. Connecticut, New York, and New Jersey No. 4th Resolve was then considered. The Words for the term of Sherman moves that Members of the first Branch be elected every Year. Rutlege-Triennial Election perhaps best, but moves that the Words two Years be inserted in Blank. Janifer-moves three Years. Madison-Instability of popular Government his Reason for wishing three Years. Distance of Extremities of Union renders it necessary. The Lessons the Representatives have to learn another Reason. Gerry-If you fix this at three Years how long must Senate be elected for. Madison-Public Opinion fluctuating-it has no Standard-is changing Rapidly. Local Attachments and temporary Opinions ought to be laid aside. Question on three Years. Aff. 7 Ayes-4 Noes. Agreed to strike out Clause limiting Age-ro Ayes-r No. Motion to insert fixed after liberal. Affirmative 8-Negative 3· Franklin-Moved to strike out liberal-carried. Pierce-moved to add to be paid out of national Treasury. Affirmative 6-Negative 5· Question on Paragraph to Word Service. 8 Ayes-3 Noes. Gerry moved after Ser'I.Jice and to insert under the national Government. Carried unanimously. In Blank after Space of agreed to insert one Year. C. Pinkney Moved to strike out to be incapable and etc. to the End of Paragraph. Struck out unanimously. Age of Members of second Branch fixed at thirty.

71

72

SUPPLE:'vlENT TO FARR-\ND'S RECORDS

7 Years moved by Governor Randolph Duration of Office of second Branch. Mr. Pierce against it-it will give too much alarm. Sherman for 5 Years. Question on 7 Years. 8 Ayes-r No and 2 divided. N.B. New York divided, Judge Yates being in Negative and I affirmative. Rutlege moved seconded by Butler that the Clause resp [ectin] g Pay of second Branch be struck out. 3 Ayes-7 Noes-r divided. Connecticut, Deleware, and South Carolina Aye, Massachusetts divided. Question on whole Clause, ro Ayes-r No. 9th Resolve resp[ectin]g Judiciary considered. Piracies and Felonies on the High Seas struck out-so Captures from Enemy. C. C. Pinkney moved to insert after Foreigners to insert or Citizens of two distinct States of the Union. Postponed. Adjourned till to Morrow. GEORGE WASHINGTON: DIARY

Tuesday 12th. Dined and drank Tea at Mr. Morris's. Went afterwards to a concert at the City Tavern.

WEDNESDAY, JUNE rJ, q87

joHN LANSING: NoTES ON DEBATES

Met according to Adjournm't.

9th ResolveMr. Randolph moved that the 9th Article shall extend to Collection of national Revenue Impeachment of any national Officers and Questions which involve the national Peace and Harmony. Agreed to. 7th Resolve-Mr. C. Pinkney moved that the Words to be chosen by the national Legislature be inserted in the Blank left for that Purpose. Madison moves second Branch to appoint. Question carried. 6th Resolve that each Branch ought to possess Right of originating Acts. Mr. Gerry moves Exception as to the upper House excepting Bills to supply to public Treasury. 8 Noes-3 Ayes. Committee reported. Copies of Report ordered-Consideration postponed. Adjourned till to Morrow.

GEORGE WASHINGTON: DIARY

Wednesday 13th. In Convention. Dined at Mr. Clymers & drank Tea there. Spent the evening at Mr. Binghams.

73

THURSDAY, JUNE 14, 1787

joHN LANSING: NoTES ON DEBATES

Met-on Motion of Mr. Patterson adjourned. PIERCE BuTLER: NoTES oN DEBATES

To postpone by Mr. Patterson GEORGE WASHINGTON: DIARY

Thursday 14th.

Dined at Major Moores (after being in Convention) and

spent the evening at my own lodgings.

74

FRIDAY, JUNE 15, 1787

JoHN LANSING: NoTES oN DEBATES

Met according to Adjournm't. Mr. Patterson moved Resolves-which I seconded. Mr. Madison supposed it would be proper to commit them to a Committee of the whole House. After some desultory Debate agreed to. Butler-Moved to go into Committee immediately. I moved for the Morning. I declared that tho I had hitherto given my Vote without joining in the Debates my Sentiments were unaltered-our sole Object ought to be foederal-that these Resolutions afforded an Opportunity of fairly contrasting the Systems, but as the one had been an Object which had engaged the Attention of the Committee a considerable Time-the other recently introduced the House was not prepared to give it that Investigation which its Importance merited. Randolph spoke in Favor of it. Madison, Wilson, Williamson and Butler against it. Question unanimously carried.-Copies ordered. Adjourned till to Morrow.

GEORGE WASHINGTON: DIARY

Friday ISth. Tea there.

In Convention as usual. Dined at Mr. Powells & drank

JOHN DICKINSON TO POLLY DICKINSON

... The Convention is very busy-of an excellent temper-and for Abilities exceeds, I believe any Assembly that ever met upon this Continent, except the first Congress. Give my Compliments to Dr. Wharton and let him know my sentiments concerning this Body. Nothing further said at present . . . . ALS (Historical Society of Pennsylvania)

75

SUPPLEME!\T TO FARRA:-.ID'S RECORDS WILLIAM BLOUNT TO jOHN GRAY BLOUNT

Newyork June rsth 1787. Major Pierce returned here last Night from the Convention of which he is a Member and says it is probable and that it is the general Opinion of the Members of that Body that it will not rise before the Middle of October. I have not learned from him what in particular is done but he says in general Terms very little is done and nothing definitive indeed I suppose he would not like to descend to particulars even to me who am a Member as I have not taken my seat for the Members are under an Injunction not [to] disclose by writing or otherwise any part of their Proceedings to any Persons but siting Members. Farrand, 4:6 5

SATURDAY, JUNE 16, q87

JoHN LANSING: NoTES oN DEBATES

Met according to Adjournment. I stated the difference between National and foederal Systems-the first subjects all to the Controul of the general Government and draws its Representation from Individuals-the foederal has its Representation from States collectively and subjects great foederal Concerns to general Government. The one involves a total Subversion of State Sovereignties-the other delegates only Part.-! urged that the Confederation ought to be the Basis of our System. This Power now contended for too great to be given by Implication. Improbable that so many individual States should adopt same Language to describe an Intention which cannot be inferred from the wording of it. It may be objected Union one of the Articles subject to Revision. But the distinct Sovergnties essential to constitute it. Two Reasons assigned-one that public Mind ripe for System. 2ndly that it must accomodate. If public Mind to be collected from public Acts instead of being fluctuating-it has been uniform a considerable Time. Impost an Instance-Most States annexed Clauses expressive of their Distrusts. What Reason to suppose Change/ If public Mind to accomodate it must either happen gradually-then useless-suddenly-then Effect of some great Commotion-it cannot be controul'd or directed. The national System proposes two Houses. All Reasoning on Systems unaided by Experience has generally been productive of false Inferences. Why go into unexplored Ground/ The new Government will be regarded with that Jealousy inseperable from new Establishments. Congress is a body respected and known. Patterson-has proposed his Plan. r. Because it accords with Powers. 2. With Sentiments of the People. If we wish to meet Approbation walk in Sphere assigned to you.

77

SLIPPLEME~T

TO

FARRA~D'S

RECORDS

Practicable Virtue preferable to finest theoretic System. Larger States have agreed that each should have one Vote. They cannot recal their Assent. Patterson-Maryland and Jersey came last into Confederation. Wilson's Principles applied to States totally wrong. If you will form national Government equalize the States and throw all your public Lands in common. Two branches of Legislature unnecessary-Congress is competent-the additional Powers ought therefore to be exerted by them. The Expence of national System another Objection. Wilson-compares Plans. Observe their relative Merits must be drawn from Experience and Reasoning. Powers he will first consider. Supposes himself authorized to propose every Thing-but can conclude Nothing. State Sovergnties not Idols of People. A Citizen of national Government will not be degraded. From every State we hear Complaints that their Governments are inadequate. Does not mean to collect Sentiments from conversing with People-let the System go to the States-and let them consider it. Would give Congress Power with great Reluctance!. Congress is not on Principles of a free Government derived from People. 2. Because only one Body. Inequality in Representation is a Poison which will contaminate every Branch of Government. Great Britain Judicial not appointed by a venal Parl't-the Judicial uncorrupt-Not so House of Commons. United States another Instance-Rhode Island one. Executive ought to be single. Triumvirate cemented by Interest-Kings of Sparta and Consuls shew necessity of single Executive. C. Pinkney-Discovers if Jersey had a single Vote would agree to national System. Our Powers only recommendatory. Grecian Confederation-Lycia League-23 Towns-Some had I others 2 and the largest 3 Votes. Governor Randolph-The Resolutions from Virginia were drawn under Conviction of reforming Confederation. If Powers not competent ought not to hesitate. This a great Occasion-Step boldly beyond prudential Rules. King of France unpaid, Creditors ruined, and Soldiers languishing.

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79

We would be Traitors to our Country if we did not embrace this parting Angel. States not Objects of Coercion. If done by distressing Trade-some not commercial-by Inroad-tardy, expensive and dangerous. Members of Congress particularly dependent on their own States. This last attempt to confederateAdjourned.

PIERCE BuTLER: NoTEs oN DEBATES

Mr. Lancey. Without regard to wealth numbers or anything else. Mr. Patterson. I came not here to sport sentiments of my own, but to speak the mind of my Constituents. Perpetual is a word of Course as in Common Treaties of peace and Alliance. Shall we alter the plans without any tollerable reason. One free man is equal to another but it is not a just deduction that one free State is equal to another. The Quantum of power will depend upon the justice of the Representation. Has Congress been composed of weak or bad Men. This is not a fair Question. Speak of Measures not Men. Willson. Inequality in representation a poison that must destroy the whole. Randolph. The Militia are incompetent to the purposes of defence. It would be very difficult to persuade the Militia of One State to march into another. This Argument was brought forward to prove the weakness of Congress. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Saturday r 6th. In Convention. Dined with the Club at the City Tavern and drank Tea at Doctr. Shippins with Mrs. Livingstons party.

RUFUS KING TO NATHAN DANE

Philadelphia r6 June 1787 I think that I informed you that by an early order of the Convention the members are restrained from communicating any thing done in convention during the time of their session. The object was the prevention of partial representations, and also the additional consideration of leaving the Report of the convention to stand or fall on its own merits. I am therefore prevented from writing to you with that freedom which otherwise I should do, as well for your information of the proceedings of the convention, as

8o

SUPPLE:.VlENT TO FARRA!\D'S RECORDS

to obtain your sentiments on points of consequence which must here receive their discussion. . We hear nothing from N. Hampshire, not even who is president. Farewell R. King ALS (Library of Congress)

GEORGE WYTHE TO EDMUND RANDOLPH

Williamsburgh, r6 of June 1787 Mrs. W. 's state of health is so low and she is so emaciated, that my apprehensions are not a little afflicting, and, if the worst should not befall, she must linger, I fear, a long time. In no other circumstances would I withdraw from the employment, to which I had the honour to be appointed but, as probably I shall not return to Philadelphia, if, sir, to appoint one in my room be judged adviseable, I hereby authorize you to consider this letter as a resignation no less valid than a solemn act for that express purpose. My best wishes attend you and the other respectable personages with whom I was thought worthy to be associated. ALS (New York Public Library)

SUNDAY, JUNE q, q87

GEORGE WASHINGTON: DIARY

Sunday. qth. Went to Church. Heard Bishop White preach, and see him ordain two Gentlemen Deacons-after wch. rid 8 Miles into the Country and dined with Mr. Jno. Ross in Chester County. Returned in the Afternoon.

8r

MONDAY, JUNE 18, 1787

jOHN LANSING: NOTES ON DEBATES

Met according to Adjournment Dickenson-wishes the terms national and foederal to be explodedMoves to strike out foederal Constitution out of Jersey Propositions and alter it so as to read so as to render the Government of the United States adequate to the Exigencies Preservation and Prosperity of the Union. Agreed. Hamilton-The Situation of the State he represents and the Diffidence he has of his own Judgment induced him to Silence tho his Ideas are dissimilar from both Plans. No Amendment of Confederation can answer the Exigencies of the States. State Sovereignties ought not to exist-Supposes we have Powers sufficient-Foederal an Association of States differently modified-Diet of Germany has Power to legislate for Individuals-In United States Confederacy legislate for States and in some Instances on Individuals-Instances Piracies. The Term sole he supposes was to impress an Idea only that we were not to govern ourselves, but to revise Government. Another Difficulty that the Legislature cannot be supposed to have delegated a Power they did not possess themselves-So far as Respects the State of New York one of the Branches of the Legislature considered itIt was said they might have Recourse to the People-this had its Influence and it was carried by one Vote. We ought not to sacrafice the public Good to narrow Scruples. All America, all Europe, the World would condemn us. The only Enquiry ought to be what can we do to save our Country.Five Essentials indispensible in foederal Government.r. A constant and active Interest. 2. Utility and Necessity. 3. A habitual Sense of Obligation. 4· Force. 5. Influence. Every Set of men who associate acquire an Esprit de Corps. This will apply forcibly to States-they will have distinct Views-their own Obligations thwart general Good. Do not we find a Jealousy subsisting/ In the State of New York we had

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MONDAY, JUNE r8, 1787

an Instance-The last Requisition was partially paid-the principal Part of their Funds applied to discharge State Obligations-the Individual States hostile to general Interest. Virginia will in 25 Years contain a Million of Inhabitants-It may then be disposed to give up an Union only burthensome. The Distribution of Justice presents itself to every Eye-this has a powerful Influence and must particular attach Individuals to the State Governments. Two Modes of Coercion-of Laws-of Military. Individuals are easily controuled-not so Society-You must carry the Force to Individuals-If only State delinquent it would cause a war-If more they would associate and make a common Cause of it. We must resort to Influence-Dispensations of Honors and Emoluments of Office necessary-these are all in the Hands of the State GovernmentsIf they exist in State Governments their Influence too great.-Our Situation is peculiar-It leaves us Room to dream as we think proper.-Groecian Confederacy lost for Want of adequate Powers-German the same. Swiss Cantons-general Diet has lost its Powers. Cannot combine States but by absorbing the Ambition and Avarice of all. Jersey Propositions-Regulating Trade-Revenue not adequate to meet our Debt-where are we to find it/ Requisitions-the several States will deliberate on them.-Requisitions founded on Quotas must always fail. There is no general Standard for Wealth in Communities-Pennsylvania and North Carolina-Connecticut and New York compared. New York derives great Wealth from Commerce-Connecticut none-Indirect Taxation must be multiplied. Equality of Suffrage ruinous to the Union. Doubts have been entertained whether the United States have a Right to build a Ship or raise a Reg[imen]t in Time of Peace-this Doubt might involve almost our Ruin. The Organization of Congress exceptionable-They are annually appointed and subject to recal.-They will of Consequence represent the Prejudices of the States not general Interests-No Power will be executed if the States think proper to obstruct it. If general Government preserves itself it must extinguish State Governments. If Congress remains Legislature the Sovereignty must ultimately vest in them. The Expence of national Government is a Consideration with him-it will probably amount to £roo,ooo per ann.-this however surmountable-It will not do to propose formal Extinction of State GovernmentsIt would shock public Opinion too much.-Some subordinate Jurisdictions-something like limited Corporations. If general Government properly modified it may extinguish State Governments gradually-Representation is another difficulty. British Government the best-Dispairs of ever

SUPPLEMENT TO FARRAND'S RECORDS

uniting [i] the great Objects of Government which have been so successfully attained by the British, public Strength and individual Safety, in any Republican System. He thinks here it would support itself-the Citizens of America may be distinguished into the wealthy well born and well educated-and the many. If Government in the hands of the latter they sacrafice the few-are as often in the wrong as right. You can only protect the few by giving them exclusive Rights-they have Nothing to hope from Change-Monarchy is essential to them. One Branch of Legislature ought to be independent to check popular Frenzyor Democraties will prevaiL-Seven Years is no Check-It is no Object for Men of first Importance-Little Daemagogues will fill AssemblyUndertakers your Senate. In Republics trifling Characters obtrude-they are easily corruptedthe most Important Individuals ought to be drawn forth for Governmentthis can only be effected by establishing upper House for good Behaviour. Congress are Objects of foreign Corruption. Executive ought to be during good Behaviour-He will part with his Power with Reluctance. You ought to interest him in the Government. This may be objected to as establishing an elective Monarchy-but he will be liable to Impeachment for mal-conduct. The Election it supposed would cause Tumults-To avoid this the People in each District should chuse Electors-those should elect a few in that [ /] State who should meet with Electors from the other States and elect the Governor. Roman Emperor-elective-by Army German Emperor-by great Electors. Polish King-great Barons who have numerous Dependents. These were tumultous from their Institutions-We may guard against it. The principal Citizens of every State are tired of Democracy-he then read his Plan and expatiated on it-See Adjourned till to Morrow.

joHN DICKINSON: PLAN or GovERNMENT

(1) 1

r. That the Articles of Confederation ought to be revised and amended,

1. There are two versions of Dickinson's plan of government, a draft printed here as plan I and a more finished composition printed immediately following as plan II. Dickinson prepared his plan of government after June 15, the date of the New Jersey plan, parts of which it incorporates. It seems likely that he wrote and revised the plan

MONDAY, JUNE I8, 1787

85

so as to render the Government of the United States adequate to the Exigencies the Preservation and the prosperity of the Union. 2. That the Government ought to consist of a Legislature Executive and Judiciary. 3. That the Legislative ought to consist of two Branches. 4· That the Members of the first Branch ought to be chosen by the Legislatures of the several States as at present or as in the Report. That immediately after the first Election they be divided by Lot into seven Classes and numbered one two three four five six and seven-that the seats of the Members of the first Class shall be vacated at the End of the first Year, of the second Class at the End of the second Year, and so on continually, to the End that the seventh part of this Branch as nearly as possible may be annually chosen-that if any Member dies the person elected in his place shall only serve for the Residue of the Term for which the deceased was elected. 5. That the Members of the second Branch ought to be elected by the People of the several states for a term of 3 Years or as in the Reportthat immediately after the second Election they be divided by Lot into three Classes and numbered one two three-that the seats of the Members of the first Class shall be vacated at the End of the first Year, of the second Class at the End of the second Year, and of the third Class at the End of the third Year, to the End that the third part of this Branch as nearly as possible may be annually chosen-that if any Member dies, the person elected in his place shall only serve for the Residue of the Term for which the deceased was elected-that the people of each state shall chuse the Members of this Branch for the first three Years in the following proportion-New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina Georgia-That after the first 3 Years the Right of Suffrage in constituting this Branch ought from time to time to be adjusted in proportion to the sums of Money collected in each state and actually paid into the common Treasury within the preceding 3 Years, except the sums arising from Imposts and provided that the Right of suffrage of the

between June I 6 and June I 8, a period that covered Sunday, when the Convention was in recess. Dickinson was evidently prepared to present the plan on June I8. On June I9 Yates quotes Dickinson as proposing to "contrast" the Virginia and Jersey plans and "consolidate such parts of them as the committee approve" into a new scheme (Farrand, 1:327), but it appears that he had already done so, for on June I8 he moved a resolution that-unknown, apparently, to the other members-was the first article of his plan (Farrand, I :282). Presumably, the entire plan would have been introduced had the first article been approved.

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SUPPLEMENT TO FARRAND'S RECORDS

state contributing most shall never exceed that of the state contributing least more than the proportion of to one or thus see Margin. 2 That every new state on admission into the Union shall have the same Right of Suffrage with the state contributing least, until the next adjustment of the Rights of Suffrage and then the Right of such state to be enlarged if entitled thereto, upon the same principle that determines the Rights of the other states, 3 that on the Establishment of part of a state as a new state, the Residue of the Representation previously possessed by the whole, to belong to the State from which the new state shall be separated. 6. That in Addition to the powers vested in Congress by the existing Articles of Confederation, the Legislature of the United States shall be authorized to pass Acts for the Observance of the Laws of Nations for raising a Revenue by levying a Duty or Impost on all Goods or Merchandize of foreign Growth or Manufacture imported into part of the United States by Land or Water-by Stamps on Paper Vellum or parchmentby Postage on all Letters and packages passing through the general Post Office-for the Regulation of Trade and Commerce as well with foreign Nations as with each other and that all punishments Fines Forfeitures and penalties to be incurred for contravening such Acts concerning Revenue and the Regulation of Trade and Commerce shall at present be adjudicated by the Common Law Judiciary of the State in which any Offence contrary to the true Intents and Meaning of such Acts shall be committed or perpetrated with Liberty for the Officers of the United States to commence in the first Instance all suits or prosecutions for that purpose in the superior Common Law Judiciary in such state subject nevertheless to an appeal for the Correction of all Error both in Law and Fact in rendering Judgment to the Judiciary of the United States, for which purpose all the Evidence in such suits and prosecutions shall be put into writing and immediately transmitted upon an Appeal, by the state Judiciary to the Judiciary of the United States, and the Appellee shall give sufficient security to the said state Judiciary, for abiding the final Determination that when hereafter 2. In the margin: "That after the first 3 Years the Right of suffrage in constituting this Branch ought from time to time to be fixed in the following Manner Each state shall for every Dwelling house within its limits be bound annually forever to pay to the United States every 3 years the Rights of Suffrage shall be adjusted for the next ensuing 3 Years in proportion to the said Contribution collected within each state without Coercion and of Quotas of other Contributions on Requisition and at the End of [word undecipherable] so collected and actually paid to the United States within the next preceding 3 years provided that the Right of suffrage of the state contributing most shall to never exceed that of the state contributing least, more than in the proportion of

one."

3. Crossed out: "provided that each state shall always have at least one Representative in this Branch."

MONDAY, JUNE 18, 1787 Circumstances shall render it necessary for the public good in the Judgment of the Legislature of the United States, they may transfer the Cognizance of such suits and prosecutions to the Inferior Tribunals of the United States. That the United States shall possess the sole and exclusive Right of emitting Money of any kind, as well as regulating the Alloy and Value of Coin. That all other Objects of the Legislative Authority of the United States ought to be accurately defined. 4 That all Laws and Resolves of any states, in any Manner opposing or contravening any Act of the United States made by Virtue and in pursuance of the powers hereby and by the Articles of Confederation vested in them or any Treaties made and ratified under the authority of the United States shall be null and void (then as in the Proposals from N.J.) Provision to be made for determining Contests likely to disturb the public Peace, within any states as well as between states. Provision to be made for the punishment of officers in the service of the United States. Provision to be made for securing the Benefits of the writ of Habeas Corpus and Trial by Juries in proper Cases, and for preventing Contests between the Authority of the United States and the Authority of Individual states. That the Legislature of the United States be authorized to elect an Executive to consist of 3 persons, one of them a Resident of the Eastern states, another of the Middle States and the third of the southern states to receive a Stipend one of the first 3 to continue in Office 2 Years, another 4 Years and the third 7 Years. Every person appointed upon such Vacancies and so on afterwards to continue in office 7 Years, but if any such officer dies, the person chosen in his place, shall serve only for the Residue of the Term for which the person deceased was elected to be removable by the Legislature of the United States, if they judge it proper, on application by a Majority of the Executives of the several states. The person appointed at the first Election for 7 Years to be President of the Body, and afterwards the person who shall have been the longest Time in the Executive. [One line undecipherable.] Everyone of them to be responsible for every Act of the Body done in his presence, unless he enters his Dissent in writing in the Books of their proceedings-provision to be made in Case of Death or Absence, especially upon Emergencies of Invasion or Insurrection and for convening the Legislature (then as in the proposals from N.J.) That the Executive shall have a Right to negative any Legislative Act 4· In the margin: "Query: Is Executive to have a Right of Legislation, but without Right of Deliberation or Suffrage in the Legislature. Same Question as to Judiciary."

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which shall not afterwards be passed unless by two third parts of each Branch of the Legislature. The Executive shall never order any Monies to be paid to other purposes than those to which they are expressly appropriated by the Legislature nor out of other Funds than are so appropriated. That the Judiciary be appointed by the first Branch as [suggested/] in the proposal to consist at present of a supreme Tribunal, the Judges of which to be appointed (as in the proposals from N.J.) except that this Judiciary should have authority to determine in the first Instance in Cases touching the Rights of Ambassadors and other foreign Ministers-That when hereafter in the Judgment of the Legislature of the United States Circumstances shall render it necessary for the public good they may appoint inferior Tribunals. Then from the 14th Resolution inclusive of the Report to the End. AD (Historical Society of Pennsylvania)

JOHN DICKINSON: PLAN OF GOVERNMENT

(II)

I. That the Articles of Confederation ought to be revised and amended, so as to render the Government of the United States adequate to the Exigencies, the preservation, and the prosperity of the Union. 2. That the Government ought to consist of a Legislative, Executive and Judiciary as in Report. 3. That the Legislative ought to be composed of two Branches as in Report. 4· That the Members of the first Branch ought to be chosen as they now are by the existing Confederation, that is, by the legislatures of the several states, each state having an equal Vote-to be of the Age of thirty Years or as in the 4th Resolution of the Report that immediately after the first Election they be divided into seven Classes, as equal as possible, and numbered I 2 3 4 5 6 7 that the seats of the Members of the first Class shall be vacated at the End of the first Year, of the second Class at the End of the second Year, and so on continually, to the End that the seventh part of this Branch, as nearly as possible, may be annually chosen that if any Member dies, the person elected in his place shall serve only for the Residue of the Term for which the deceased was elected. 5. That the Members of the second Branch ought to be elected by the People of the several states, for a Term of 3 Years or as in the 3d Resolution of the Report that the People of each state shall choose the Members of this Branch for the first 3 Years in the following proportions: New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina

MONDAY, JUNE r8, 1787

and Georgia that immediately after the second Election they be divided into 3 Classes, as equal as possible, and numbered r 2 and 3 that the seats of the members of the first Class shall be vacated at the End of the first Year of the second Class at the End of the second Year and of the third Class at the end of the third Year, to the End that the third part of this Branch, as nearly as possible, may be annually chosen that if any Member dies, the person elected in his place shall serve only for the Residue of the Term for which the deceased was elected that after the first three Years, the Right of suffrage in constituting this Branch ought from Time to Time to be adjusted, in proportion to the sum of Money collected in each state and actually paid into the Common Treasury within the preceding 3 Years, except sums arising from Imposts and such other Taxes as might produce too great an Inequality-provided, that each state shall have at least one vote in this Branch and that the Right of suffrage of the state contributing most shall never exceed that of the state contributing least, more than in to one. 5 the proportion of That every new state on admission into the Union shall have the same Right of suffrage with the state contributing least, untill the next adjustment of the Rights of Suffrage, and then the Right of such state to be enlarged, if entitled to an Enlargement, upon the same principle that determines the Rights of the other states-that on the Establishment of part of a state as a new state, if such a Case happens, the Residue of the Representation previously possessed by the whole, shall belong to the state from which the new state shall be separated-until adjustment be made in Course, as is before mentioned. 6. That in addition to the powers vested in Congress by the existing Confederation the Legislature of the United States ought to be authorized to pass Acts for enforcing an Observance of the Laws of Nations and an Obedience to their own Laws-for raising a Revenue by levying Duties or Imposts on all Goods and Merchandize of foreign Growth or Manufacture imported into any part of the United States and also a limited Duty on Exports-by stamps on Paper Vellum or parchment by postage on all Letters and packages passing thro the General post office and by such other Modes of Taxation [line undecipherable] for the prosperity of the Union for the Regulation of Trade and Commerce as well with foreign Nations as with each other But before these Acts are passed they ought to be published at least six Months for public Consideration. That all punishments Fines Forfeitures and penalties to be incurred for contravening such Acts concerning Revenue and the Regulations of Trade and Commerce ought 5. Crossed out: "or thus that after the first 3 Years the Right of suffrage in constituting this Branch ought from Time to Time to be fixed in the following Manner Each state shall."

SUPPLEMENT TO FARRAND'S RECORDS

for some Time at least to be adjudged by the Common Law Judiciary of the state in which any Offence contrary to the true Intent and Meaning of such Acts shall be committed or perpetrated, with Liberty for the Officers of the United States to commence in the first Instance all suits or prosecutions for that purpose in the superior Common Law Judiciary of such state, subject nevertheless to an appeal for the Correction of all Error both in Law and Fact in rendering Judgment to the Judiciary of the United States, for which purpose all the Evidence in such suits and prosecutions shall be put into writing and upon an Appeal be fully and immediately transmitted by the said Judiciary of the state to the Judiciary of the United States and the appellee shall give sufficient surety to the said Judiciary, for abiding the final Determination. That when hereafter, in the Judgment of the Legislature of the United States Circumstances shall render it necessary for the public Good, they may transfer the Cognizance of such suits and prosecutions in the first Instance to the inferior Tribunals of the United States That all other proper Objects of the legislative Authority of the United States, if any, ought to be accurately defined. That the Legislature of the United States ought to possess the sole and exclusive Right and power of emitting Money of any kind, as well as regulating the Value and Alloy of Coin that they ought also to possess a Negative on the Acts of the several Legislatures, as in the sixth Resolution of the Report that provision ought to be made for determining Contests within a state, which shall be judged by the United States likely to disturb the public Peace as well as those between two or more states for the punishment of Officers of the United States for securing the Benefits of the Writ of Habeas Corpus and Trial by Jury in proper Cases, and for preventing Contests concerning the Authority of the United States and the Authority of individual states. 7. That all Laws and Resolves of any state in any Manner opposing or contravening the powers now vested or hereby to be vested in the United States or any Act of the United States made by Virtue and in pursuance of such powers or any Treaties made and ratified under the authority of the United States shall be utterly null and void (this nearly as in the proposals from New Jersey). That the Legislature of the United States be authorized to elect by Ballot, two thirds concurring, an Executive to consist of 3 persons, one of them a Resident of the Eastern States, another of the Middle States and the third of the Southern States to receive a Compensation for Service One of the first 3 to continue in Office 2 Years, another 4 Years, and the third 7 Years-every person appointed upon such Vacancies and so on afterwards to continue in Office 7 years-but if any such Officer dies, the person chosen in his Place, shall serve only for the Residue of the Term for which

MONDAY, JUNE 18, 1787

9I

the person deceased was elected-to be removable by the Legislature of the United States, if they judge it proper on Application by a Majority of the Executives of the several states and to be impeachable for Malconduct or Neglect of Duty. The person appointed at the first Election for 7 Years, to be President and afterwards the person who shall have been the longest Time in the Executive-All their Acts and Appointments to be immediately entered in their Books.-Every one of them to be responsible for every Act and Appointment done or made in his presence, unless he at the Time enters his Dissent in Writing in their Book-Provision to be made in Cases of Death or Absences especially upon Emergencies of Invasion or Insurrection and for convening the Legislature (then as in the proposal from N.J.) that the Executive shall have a Right to negative any Legislative Acts which shall not afterwards be passed, unless by two third parts of each Branch of the Legislature The Executive ought never to order any Monies to be paid to other purposes than those to which they are expressly appropriated by the Legislature, nor out of other Funds than are so appropriated. That the Judiciary be appointed by the Legislature, to consist for some time at least of a supreme Tribunal, the Judges of which to be appointed (as in the proposal from N.J.) except that this Judiciary would have Authority to determine in the first Instance in all Cases touching the Rights of Ambassadors and other foreign Ministers That when hereafter in the Judgment of the Legislature of the United States, Circumstances shall render it necessary for the public Good, they may appoint Inferior Tribunals. Then from the I 4th Resolution of the Report, inclusive to the End jOHN DICKINSON: NoTES ON DEBATES 6

r. Espirit de Corps.

Love of power. 3. A constant and active Interest in support of a Government. 4· Force. 5. Influence. as to past-will names of Government Monarchy or Republic increase difficulties. No but Force will supply i.e. a standing army. The Espirit de Corps overthrows the whole Plan. Number I. No Rule for Quota, yet adopted by the Gentleman for determining Representation. 2.

6. These notes begin with a summary of major points in Hamilton's speech of June 18. The checklist of constitutional provisions, beginning with "Power to regulate Trade," is written in the left margin of the page at right angles to first section of notes. It may relate in some way to Dickinson's Plan of Government or may be the results of continuing reflection on the appropriate components of a constitution. Of course, it is possible that it was written at a different time from the notes preceding it.

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Gentleman describes Love of Power and Danger of it in an appointment of the Executive for 7 Years, yet places the Executive in a situation to urge by the most powerful Motives to become a Traytor to his Country. How the English Constitution grew up. Island No need of standing Armies. Contest between King and Barons. Commons call'd into the Aid of the latter & provided for in every Accommodation. Otherwise in France and all the Rest of Europe where similar Governments were established by barbarous nations. No Instance of a Republic being changed into a limited Monarchy. Always into a despotism and Tyranny. A Giant simple solitary slow heavy unwieldy. The States will give Play to Aristocracy. Agreed. better than hereditary Courtiers. Power to regulate Trade Imposts Excise Stamp Post Executive in 3 Office A limited Poll tax Annual Election of rst Branch Right of originating Money Bills-what are such-no Tasks Representation in House of Commons to be for the first 3 5 or 7 years according to the present Quotas of Contribution. Afterwards in proportion to the sums actually paid into the Common Treasury within every 3 5 or 7 Years. Expence a point of Detail. Not to be taken for granted, that some Taxes besides Imposts and Excises will not be necessary. 26 £rJOOO 52 - £26000 AD (Historical Society of Pennsylvania)

PIERCE BUTLER: NOTES ON DEBATES

Col Hambleton. 1'he Diet of Germany legislated on Individuals of the different Electoral Territories. Not only where they attempt to Contravene the Laws, established Laws of the Diet agreed to in the Diet. The States may be disposed to oppose the general Government and she is adequate to it. the defense the Common Militia of a State is not adequate even to state defence as in Massachusetts foreign powers [indecipherable] disaffected states. A dispensation of honors in every state. No vigorous exertion without a distribution of honors in individual states. Men collectively he says are governed by passions. The states will be rivals of the General. No! Make it their Interest by Laws of General Equity and they will support the general Government. The Amphiction Council, as to those made of raising Money and extending the Quota. Quotas would destroy the whole because there is no standard duty on Exports. Staple states take care. Large states will not agree to the small ones to dispose of their property. We must then resort to Equity. Bad principles will produce their Effects.

MONDAY, JUNE r8, 1787

93

Troops cant be brought forward in proportion to the population. Men will try to extend their power. If the General Govt. prevails the Individual must fall. In the British Constitution Individuals are best secured. What are Impressments. The Executive is above all temptation. is it proved so by the Conduct of the Kings of Britain Sweden Prussia. In Poland, he says there are great Barons who overawe. He will leave power in Individual States respecting Finance the power of carrying on War. I am against it. Witness the Stadholder. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Monday r 8th. Attended the Convention. Dined at the Quarterly meeting of the Sons of St. Patrick-held at the City Tavn. Drank Tea at Doctr. Shippins with Mrs. Livingston.

NATHANIEL GORHAM TO THEOPHILUS PARSONS

Philadelphia, June r8, 1787. My dear Sir: It was with singular pleasure I saw your name in the list of Representatives. I hope all the measures of your body will be dictated by the principles of honor and justice. Among the various subjects which will come before you, the requisition of Congress of the last year will undoubtedly be one. I hope you will excuse me for just suggesting to you, that I think it will be burdening the people to no essential purpose to comply with that requisition any further than applies to the cash part of it;-not that I have any doubt of the justice and duty of paying the domestic debt; but it is in vain for Massachusetts alone to expect to support the public credit; for six or seven States have absolutely refused to comply with the one of the year before the last, and, of those who have complied in appearance, very few will make any effectual payments; and I presume there will not be any that will comply with the one that is now to be considered by you, excepting the cash part of it, and with that numbers will comply. In short, the present Federal Government seems near its exit; and whether we shall in the Convention be able to agree upon mending it, or forming and recommending a new one, is not certain. All agree, however, that much greater powers are necessary to be given, under some form or other. But the large States think the representation ought to be more in proportion to the magnitude of the States, and consequently more like a national government, while the smaller ones are for adhering to the present mode. We have hitherto considered the subject with great calmness and temper; and there are num-

94

SUPPLEMDIT TO FARRA.KD'S RECORDS

bers of very able men in this body who all appear thoroughly alarmed with the present prospect. I do not know that I am at liberty to write anything on this subject. I shall therefore only observe further, that all agree the legislative and executive ought to be separate, and that there should be a national judiciary. I beg you not to mention having heard anything from me on the subject, except to your brother, to whom I should have written, but I am quite overcome with the heat of the weather. Please to make my compliments to him and to Mrs. Parsons, your brother William, &c. Please to remind your brother Ebenezer about my son John, and believe me to be Yours, very respectful! y, N. Gorham. TR (Parsons, Memoir ofTheophilus Parsons, 461-62)

TUESDAY, JUNE 19, 1787

jOHN LANSING: NOTES ON DEBATES

Met according to Adjournment. Madison-The Distinction between foederal and national Representation-the one from the State collectively-the other from the People is not well taken-There are two States in the Union in which Delegates are chosen by the People. Probability of adopting Plan-We must adopt such an one as will ensure Safety-Let us have a Chance. Confederation on same ground as Compact made by a Number of Persons-If one violates it all are discharged-in Treaties it is agreed that a Breach of any is a Dissolution of all-Jersey has refused to comply with Requisitions-He is anxious to perpetuate Union-but will not consent to prolong it on its present Principles.How is Confederation observed! Georgia has entered into War and made Treaties in express Violation of Union. Virginia and Maryland entered into Compact in like Violation.-Massachusetts has a regular Body of Forces without Approbation of Congress. The conciliatory Resolution of Congress resp [ectin] g Wioming Dicision evinces Weakness of general Government. The Power retained by the different States Executives of pardoning would alone defeat national Government. The Amphictionic Council had a Right of judging between Members, mulcting Aggressors-drawing out Force of States-and several other important Powers-The Confederacy was however of very short Duration. It will not be denied that the Convention has as much Power as Congress-They have exercised it in recommending a new Rule of Apportionment- I r States agreed to it. Martin-before the Confederation each State had complete Sovereignty-When confederated they met so and they must remain equal. Wilson-The Declaration of Independence declares the U.S. collectively to be vested with Power of making War and Peace-this antecedent to framing Constitutions consequently paramount. Hamilton-agrees with Wilson-this is calculated to destroy many Heresies in Politics-How is general Government to affect Interests of smaller States!-In Agriculture, Commerce and Revenue-large States are remote

95

SUPPLEME~T

TO FARRA:'-iD'S RECORDS

from each other-Commercial Interests are not the same-on what Principle can they combine to affect agriculteral Interesti Motion by Wilson to move that the Committee rise and report that it is the Opinion of the Committee that the Plan submitted by New Jersey is inexpedient-This was accordingly done and I was disposed to submit to it because the Sentiments of the Committee on the Question of Representation in the first Instance could not be pointedly taken. On the first Resolve when Question put-6 States Affirmative-4 against and Maryland divided. The first Resolution was then considered-(Ylr. Elseworth moved) after some Debate on it. Adjourned till to Morrow.

JOHN DICKINSON: NOTES ON DEBATES'

Objection to N.J. Plan One Branch of Legislation which unsafe as Counsils not enough matured and will prevent a Deposit of necessary power. 2. All new states must be admitted on the same principle which is dangerous. 3. Supplies depend on Requisitions and Coercion. 4· Quotas to be settled in an unequal Manner. The great Defect of antient and modern Confederations was and is that the necessary Legislation of the Nation did not operate with sufficient Energy. Let this be prevented and the Legislation be allowed to operate in all proper Cases. We should consider the great states have something to part with as well as the smaller. The only question is on what terms we shall agree. Objection to Report I. Representation in both Branches founded on Numbers-unreasonable and dangerous. 2. Doubtful Indefinite Expressions which give a power to legislate in I.

all Cases. 3. The Executive lodged in a single person. No Instance of its being ever done with safety. The insurmountable Difficulty of effecting a Junction of Government and Territory between two states. What becomes of the Espirit de Corpsi AD (Historical Society of Pennsylvania) r. Dated by Dickinson's proposal of this date, recorded by Yates, that the New Jersey and the Committee of the Whole House plans be compared and integrated; "Let us therefore contrast the one with the other, and consolidate such parts of them as the committee approve" (Farrand, 1:J 27).

TUESDAY, JUNE 19, 1787

97

GEORGE WASHINGTON: DIARY

Tuesday 19th. Dined (after leaving Convention) in a family way at Mr. Morris's and spent the Evening there in a very large Company. WILLIAM SHIPPEN TO THOMAS LEE SHIPPEN

... The Convention are very busy and very secret. Col. Hamilton spoke 3 hours yesterday and Jackson says well. Madison, Mason, Randolph King etc. are great according to his Idea .... They talk of sitting 2 or 3 months longer. ALS (Library of Congress)

WILLIAM

R.

DAVIE TO RicHARD CARSWELL

Philadelphia June 19, 1787 Sir: We move slowly in our business; it is indeed a work of great delicacy and difficulty, impeded at every step by jealousies and jarring interests. I have the honor to be with great respect Your mo. obt. William R. Davie ALS (North Carolina Division of Archives and History)

WEDNESDAY, JUNE

20,

q87

jOHN LANSING: NOTES ON DEBATES

Met according to Adjournment. Elseworth moved that first Resolve be amended so as to read that the Government of the United States ought to consist of a Supreme Legislative Judiciary and Executive. Agreed to. The second Resolve was then considered. Lansing-moved that it be postponed to take up the following-"Resolved that the Powers of Legislation be vested in the United States in Congress." Sherman seconded Motion. Explained Reasons why the Question on the Propositions from Jersey was not urged-It was brought forward to shew the general Principles on which we would determine. It was however found it could not discover Sentiments of Committee-this will bring it to a Point. I have urged two Reasons-!. Incompetency of Powers. 2. Public Mind not prep [ared/] The first-general Assertions have only been made that we have Powers-but most Gentlemen seem to have given it up-one Gentleman has offered the Mode of App [ointmen] t in two States as an Argument-Whatever Mode is adopted they are still Representatives of Sovereignties. Another Gentleman admits Incompetency of Powers but will step forward with a generous Confidence. To imitate him we must be convinced of Utility of System-We must be certain that it will secure important and equal Benefits to all. If destitute of these Convictions we should be Traitors to our Country. It is said to be unimportant because merely recommendatory. Let us examine some of Objections to vesting Powers in Congress. 1. Inequality of Representation-Britain has been instanced to prove Evils. So has R. Island. Neither of these applicable. The Boroughs contain few Inhabitants much impoverished-or the Property of some Man of large Estate. These easily corrupted but it is not from hence to be inferred that several Thousands can be corrupted with equal facility. Counties in England unequal in Extent Population and Wealth. No Complaints from that Source. Rhode Island acted without Confederation-She had a Right to deliberate and to dissent.

99

WEDNESDAY, JUKE 20, 1787

But Congress represent State Interests and Prejudices. However Representation modified that will be the Case. One Branch appointed in same Mode-the second is intended to be composed of Men avowedly of a less liberal TurnIt has been said there can be no Inducements for large States to oppress small-If there are no seperate Interests why so solicitous ab [ou] t Represent [atio] n. The Share of Virginia to Deleware as I 6 to r in Arithmetic Proportion-but in political as 40 to I at least. This Legislature to legislate in every Case-they cannot have the necessary Information. But Congress is more easily corrupted/ To obviate this only one Observ [ation] . One appointed annually subject to recall-the other for 7 and 3 Years absolute. As long as State Sovergnties exist each much an equal Suffrage-this is equitable-it is necessary. On the new System cannot reason from Experience. Coercion-in both Systems equal as to their Objects. Mason-Want of Power strong Objection if we could conclude. We ought to risk it-In Eventual Treaty with G. Britain our Commiss[ioners] did so-Met Approbation of their Country. No Gentleman can think Citizens of America will trust their Powers to one Set of Men-Will they trust to a Conclave, subject to Corruptioncertainly not. In r778, 79, and So Factions in Congress.-States have refused to give Congress Power because one Body, and not elected by the People. There will be no Coercion in this Government. He will not consent to Abolition of State Sovereignties. Martin-The Legislatures have refused to give Congress Powers-no Objection could exist with them that People did not appoint. IO States must be injured by App [ortionmen]t of Representation. Coercion as compleat in one System as the other. If U.S. only exercise Powers which are not Objects of Odium and leave the Residuum to the individual States they must become completely odious and the Consequence is evident. Sherman-one Body is sufficient-the great States supposed themselves benefited by Confederacy-Virginia adopted it without a dissenting VoteMassachusetts had no Objection. Would be content to have two Houses if one represented States. W [ilso] n-We go contrary to the Principles of App [ortionmen] t if we submit to limit it to one Branch. On Question 6 Negative Affirmative 4 Massachusetts Pennsylvania Virginia

Connecticut New York

roo

SlJPPLEY!ENT TO FARRA!\D'S RECORDS

Maryland divided

North Carolina New Jersey South Carolina Dele ware Georgia Upon the President's rising to put the Question on original Resolution Bedford moved an Adjournment. Question 5 for-6 against it-The State of Deleware then put off Question-Adjourned till to Morrow. UARED INGERSOLL!]: DRAFT SPEECH 1

Mr. President I have preserved a respectfull silence during the debates of the Committee of the whole house; without flattery to others or meaness of spirit 1. Farrand (4:20) ascribed this document to Luther Martin and gave it a probable date of June I 9. In a footnote he revealed that he relied on cataloging data in the Library of Congress for his attribution. He also confided that a staff member of the Library's Manuscript Division had challenged his attribution, claiming that Roger Sherman was, in fact, the author of the document. The draft cannot have been composed by Martin or Sherman. Its author states that he had preserved a "respectful silence" during the debates in the Committee of the Whole House, May Jo-June I9. Sherman, however, spoke almost daily during this period and Martin spoke at least twice. The writer, moreover, identifies his home state by its attitude toward slavery: "at the Eastward Slavery is not acknowledged, with us it exists in a certain qualified manner, at the Southward in its fullest extent." In 1787 the "Eastward," the eastern states, always meant New England, which excludes Sherman, a resident of Connecticut. Slavery was established in its full vigor in Maryland, the home of Martin, which excludes him as well. Where, in 1787, did slavery exist in a "certain qualified manner" i Having passed a law for the gradual abolition of slavery in I 7 So, Pennsylvania fits the description. The author of the draft may, then, have been a citizen of Pennsylvama. On the jacket in which the draft is enclosed in the Library of Congress, Luther Martin's name has been crossed out, Sherman's name has been appended and crossed out, and the name of Pennsylvania delegate Jared Ingersoll has been inserted below Sherman's. On what grounds the attribution of authorship to Ingersoll was made the records of the Manuscript Division do not reveal, but a comparison of the handwriting of the draft with Ingersoll's letter of May I 8, above, reveals a striking resemblance between the two that would support an attribution to Ingersoll. The tone of this drafta skepticism about the feasibility of a strong national government-is not inconsistent with what we know about Ingersoll's political ideas at this time. The reference at the close of the draft to the sentiments of the Connecticut Assembly, which suggested Sherman's authorship, can be explained by Ingersoll's upbringing in New Haven and by continuing family ties and interest in the affairs of his native state. The draft must have been composed after June I9, for it incorporates Hamilton's observation of that date (Farrand, I :323, 328) that the states, even if reduced to and considered as corporations, would be formidable entities, threatening the national government. If Ingersoll composed the draft, he never delivered the speech which it outlined. Indeed, he is not recorded as speaking in the Convention.

WEDNESDAY, JUNE

20,

1787

IOI

with respect to myself I can acknowledge my Inferiority, to the Members of this han [orab] le convention, in an acquaintance with the political history of this Country; a laborious application to the business of my profession has not afforded me much Opportunity for attendance here in order to collect Information, nor time for reflecting on the few Ideas with which my Mind was stored relative to the Object of our present meeting, these considerations operate powerfully in favor of doing no more than [casting] a silent Vote on the several questions to be determined, but other motives still more cogent, impel me, to a full & free communication of my sentiments, the situation of our Country I consider as critical & alarming, I was sent here not to devolve upon others the trouble of thinking for me but to judge & act for myself, I may err but my intentions are the best1 confess it appears to me that difficulties almost insuperable, attend every possible plan that can be suggested, to introduce a System unexceptionable in itself & relatively so, authorized & yet efficacious, is scarcely within the Sphere of PossibilityThe Attempt however must be made, & the first great Question which presents itself is, shall we delineate a Scheme of Government national or foederal/ for I cannot but think that this principle once established, a variety of consequences serious & important are necessarily connected & deducibleIn order to make our Choice between an establishment national or foederal, let us trace the Causes of the present publick Distress, thence we may be able to point out the proper Characteristicks of the new Government, its Nature & its extent.It is a very common error, to mistake a concomitant fact for a cause, perhaps it has happened in the present Instance, & that we have imputed to the want of power in Congress, difficulties inevitable for sometime yet to come, when under the best Government, the most ably administered, the dismembrement of the Empire of Great Britain, by the lndependancey of this Country, is an incident peculiarly offensive to that haughty people, those who have conquered may be expected to forgive with equal Magninimity, but a power foiled in its attempts at Dominion, feasts with a malevolent satisfaction at every humiliating circumstance in the Affairs of those whom they could not subdue & therefore wish to disappoint & vex, for this reason the Court of St. James, affects to treat us with comtempt & avoids a treaty, & France 2 our great & good Ally resents the Conduct of our Ministers in the course of the negotiations for a peace, & immediate Interest unites all the powers of Europe, in a combination to exclude from their West-India Islands, if not all our Vessels at least those of considerable burthen & enumerated Articles, comprising nearly every particular, which we can export to those Markets & while enumerating misfortunes that 2.

In the margin: "must add

40

for one-alienated Certificates-Commutation."

I02

SUPPLEMENT TO FARRA.KD'S RECORDS

admit of no immediate relief let us not forget that our domestic Debt is 28 ,ooo,ooo of Dollars our foreign, The variety of situations under which the Colonies were situated when they became States, the disproportioned Magnitude of the several independent Sovereignties, & that a very great proportion of the Inhabitants secretly wish destruction to the Polity under which they live, & we must confess, that our Patriotism must in some measure be put to the Test, under any Form of Government that may be introducedThat the United States, ought to have a Revennue to discharge the Interest of the Debt, incurred by a War undertaken in defence of the inherent rights of human Nature, & eventually the principal, is as far as I know uncontroverted, as a natural attendant & because the States individually are incompetent to the purpose that the United-States should also regulate the Commerce of the United-States foreign & internal, is I believe also a matter of general Consent, & that the United-States should also fix the Currency & determine what should be the circulating Medium, from New-Hampshire, to Georgia would meet but few or no Opponents within these Walls & those who agree to the propositions already stated would certainly as generally concur in the appointment of proper Judiciaries, to carry into execution the laws of the two former descriptions, respecting either Commerce or lmpost,lt is said, this provision is a measure inadequate that our wants require further interference & that should our Deliberations produce no other effect the World will say, that the Fable of the Mountain in labour producing a Mouse is again exemplified! will not contend that the additions of power which I have mentioned will answer the expectations of our Constituents, I do not believe that they will, the possibility of reconciling a federal Government with State inferiour Governments I will consider more particularly by & by-I do not hesitate to express my apprehensions that in the present temper of the people in some of the States at least, any power of Congress less than physical will be opposed But it is contended that the Causes of our troubles are beyond what has been recited, that something more than a federal Union is necessary, a Physical power to carry into effect the measures that the Sovereignty shall determine upon, & to attain the primary objects of Government! deny that the situation of any particular state or states is the measure by which we are to regulate our proceedings, we are not to examine whether sufficient powers are properly distributed in the several Governments, to controul the Subjects but whether as between the United-States & the Individual States, the proportion of power is properly distributedStill it is contended that this is taking the matter up in a very confined limited view that the Sovereignty of the United States should not act merely

WEDNESDAY, JUNE

20,

1787

IOJ

on the respective States but immediately on the Individual Delinquent, that in this way, the people lose no Rights altho the Sovereignty acquires Authority & that one Government comprehending the territory now subdivided among thirteen, would secure Liberty & Property & be better able to exercise a DemocracyThis suggestion gives rise to three questions or different views of the subject-First what is best on abstracted principles 2 Secondly what is practicable & Thirdly what are we authorised to do-Suppose for a moment, that the thirteen united States should be extinguished & annihilated, & that we were about to devise the best & most eligible System of Government unembarrassed by Instructions, & without any reasonable apprehensions of difficulty from the prejudices or prepossessions of the people of this Country and which would be best a national Government or a foederal Union! some Members will be surprised when I add, that I am by no means clear that a national Government would deserve the preference! I shall readily acknowledge & will state particularly by & by, the Inconveniences of a federal Union-we need not refer ourselves to Writers of antient or modern times to know that every political Institution certainly therfore the highest ought to be prepared with a reference to that C [--t] state of property & other local circumstancesthese are so different in different parts of the Continent, that no one Form will suit or apply throughout, should this difficulty be got over, still another remains the Laws must be entirely different, the Fisheries & Manufactures of New-England, The Flour Lumber Flaxseed & Ginseng of New York New Jersey Pennsylvania & Delaware The Tobacco of Maryland & Virginia the Pitch Tar, Rice&. Indigo & Cotton of North Carolina South Carolina & Georgia, can never be regulated by the same Law nor the same Legislature, nor is this diversity by any means confined to Articles of Commerce, at the Eastward Slavery is not acknowledged, with us it exists in a certain qualified manner, at the Southward in its full extent, time would fail me to enumerate the many particulars, in which such a variety of provisions will be necessary, for descent of Estates, validity of last Wills & Testaments, &c that it would indeed be a political Phenomenon to see the same Legislature enacting at the same time Laws for the abolition of Slavery, for the gradual Abolition of it & for its continuance, & the regulation of the Objects of its Jurisdiction-will it be said that the Laws should be uniform they ought not unless at the same time you can alter the Climate, 3 Produce, Soil, & even Genius of the people-and controul the operation of the common & best established principles of 3. In the margin: "immense extent. thinly settled. doubtfull-too much for a Democracy-too much for a moderate monarchy-expence of the-sit all the time or travel back and forth-what numbers of each branch."

I04

SUPPLE:\1ENT TO FARRAKD'S RECORDS

human nature-even in addition from long habits & Education there are principles so interlaced & interwoven that to wrest them would be to burst the common bands of Society-but it is said I am combating imaginary objects that no such one Government is intended, but that the State Governments are to subsist & this general Government only to regulate some few general specified matters, others not particularly needed to remain with the several States-! cannot but think that the present System is more objectionable much than a general Government,-in the first place I conceive & will endeavour to shew, that every person who would object to a general Government would find fault with this they will say as it has been expressed it is the foetus of a Monarchy, in addition to this others will say & I must be of the Number that this Government is consonant to no principle whatever, on the principle of the Union it is too much on the Idea of a general Government it is too little-that it has all the expence of a National Government without its energy-will give equal Alarm, equal opportunity to excite prejudice, without affording any dignity to Government or securing Obedience or obtaining any of the primary Objects of Government, that an eternal Contest will be excited between the several Governments & this monstrous sluggard, that the activity of the latter will be able to thwart the overgrown lubber [i], that all that can be expected from it is securing a Revennue, the whole of which will be absorbed in the collection that so much might be obtained nearly in the present system & a great part of the expence saved that it is [i]. If as has been suggested by an hon [orab] le Member from Virginia, we have prejudices to guard against & fears of a Monarchy which will be excited unless circumspection be exercized, this Scheme will most of all excite them, it will be said it is impossible that so much should be done unless more was intended, that it is impossible things should rest here, for all will concur in saying that a Contest between the National Government & the individual States must terminate either in Monarchy or an abolition of the present Systems, concurrent, independent Sovereignties, undefined Imperia in Imperio cannot subsist, none ever did any length of time, that at first the Democratick part will be found too powerful! for the Aristocratick & Executive, the same reasons that began this System must compleat it that it is a mutilated unsistematick Imitation of the british ConstitutionIf even you denominate the several States Corporations only yet as has been observed they move in such large orbits that they will be able to put themselves in competition with the United-States-if there are these reasons for doubting if the proposed plan be the best even in the minds of the most candid-how far have we reason to believe it practicable-the people of the united-States, excited to Arms by the insidious designs of the then Mother Country have become admirers of liberty warmly & passionately so---they snuff Tyranny in every tainted Gale-they are jealous of their

WEDNESDAY, JU;-iE

20,

1787

ros

liberty-they are pleased with th-eir present Governments, they think them as energetick as they ought to be framed, they are continually planning subdivisions of the present Governments, they are complaining of the expence of the present Governments-they are jealous of designs to introduce a Monarchy, under specious pretences & different names in the despotick empire of Rome, for some time every thing was transacted under the conciliating Names of the Commonwealth-Consuls-Senate&c-they are apprehensive of designs to abridge the liberties of the common peopleto make a greater difference of Ranks than the present Government admits of-even in the Assembly of Connecticutt you see these sentiments-they are prejudiced each against the neighbouring State-of no humour to coalesce. Farrand, 4:2o-28.

GEORGE WASHINGTON: DIARY

Wednesday. 2oth. drank Tea there.

Attended Convention. Dined at Mr. Meridiths &

THURSDAY, JUNE

21,

1787

JOHN LANSING: NOTES ON DEBATES

Johnson-Individuality of States ought to be preserved-you deposit Aristocratic and democratic Power in different Bodies-And we can deposit more but then let one Branch represent Sovereignties. Wilson-As States represented Individually-their Sovereignty to be preserved-Quantum of Power preserved in smaller States as comprehensive as in larger-It will be the Interest of all to represent general Government if Interest of any-of Consequence they will co-operate. Madison-Legislature of States have not shewn Disposition to deprive Corporations of Priviledges-Why should they here.-Question carried d [ivide Jd as Yesterday. C. C. Pinkney moves that 3rd Resolve be so altered as to read ought to be appointed in such Manner as the several Legislatures shall direct-he supposes this will give greater Satisfaction to the People. Hamilton-If you permit Legislatures to elect you will have State Interests represented. Govr. Rutlege-Legislatures of States ought to appoint-The Representation will be more refined-Whether the People elect themselves or appoint others to elect substantially the same. Wilson-Official State Influence will defeat the Object of national Government if Election by Legislatures. King-same Sentiment differently expressed. Question-Negative-Massachusetts, New York, Pennsylvania, North Carolina, Georgia. Affirmative-Connecticut, New Jersey, Deleware, South Carolina. Maryland divided. N.B. Judge Yates and Colo[nel) Hamilton in Negative-! was for Affirmative. Randolph moved to obliterate three Years and insert two. Sherman-for one Year-By suffering them to remain three Years they accomodate their Sentiments to those with whom they associate-they must be oblidged to return Home every Year to remind them of what they owe their Constituents. Mason-By having annual Elections remote States would generally be unrepresented in Beginning of Sessions.

ro6

THURSDAY, JUl'IE 21, 1787

Hamilton-The Opinion of the People is fluctuating-You must exercise your Judgment, convinced that the Pressure of unavoidable Circumstances will direct the public Mind. Listlessness prevails in New York on Ace [oun] t of annual ElectionConsequence is that Factions are represented in that Government. Adjourned till to Morrow.

GEORGE WASHINGTON: DIARY

Thursday 21st. Attended Convention. Dined at Mr. Pragers, and spent the evening in my Chamber.

WILLIAM BLOUNT TO jOHN GRAY BLOUNT

Philadelphia June 21st q87 Hawkins and myself arrived here on the 19th. He now purposes to leave this on Thursday on board a ship for Petersburg. I am not at Liberty to say what is doing in Convention and if I was the Business is so much in Embryo that I could say nothing that would be in the least satisfactory. All the Members agree that the Convention will sit at least six weekes and it is generally supposed 8 or ro from this Time, hence the Necessity for more Mony to be remitted to me. Farrand, 4:6 5-66; first sentence supplied from ALS in North Carolina Division of Archives and History.

FRIDAY, JUNE

22,

q87

joHN LANSING: NoTES oN DEBATES

Did not attend Convention being indisposed.

GEORGE WASHINGTON: DIARY

Friday 22d. Hopkinson.

Dined at Mr. Morris's & drank Tea with Mr. Frans.

PHILADELPHIA STREET COMMISSIONERS: MINUTES

Andrew Geyer William Richards Peter Ozeas

PRESENT Philip Pancake Samuel McLane Nathan Boys

An order drawn on the Treasurer in favour of Michael Wartman for the Sum of fifteen Pounds on Account for Work done with his Teams at the Common Sewer in Fourth Street . . . . . . £ r 5 Upon Complaint to this Board of the very great difficulty arising from the Carriages passing in front of the State House, so that the Honbl. Convention now setting there, are much interrupted by the Noise of the same-Resolved, that a Quantity of Gravell now haulling out of the Sewer in Fourth Street, be laid on Chestnut Street, in front of the State House. AD (Records of the Philadelphia Street Commissioners, Independence National Historical Park)

I08

SATURDAY, JUNE 23, 1787

JOHN LANSING: NOTES ON DEBATES

3rd Resolve-to be paid out of the public Treasury Question-five Ayes-five Noes-1 divided. "to be ineligible to any Office established by a particular State or under the Authority of the United States." C. C. Pinkney moves to strike out by a particular State or. Wilson-If you strike out these Words you confirm Attachments to particular States and give that Attachment a Direction injurious to a general Government. Sherman-If State and general Governments have separate Interests their Jealousies will be mutual and they already operate very powerfullyhence you must leave the Individual States much Power. Gorham-It is necessary to give general Government Energy-prevailing Opinions are too democratic. Ouestion-Ay 8-No 3· Madison moves after established insert or Emoluments whereof shall have been augmented by the Legislature of the United States during the Time they have been Members or within one Year thereafter-He wishes Executive to have App[ointmen]t of Officers-He thinks it necessary to hold out Inducements to Men of first Fortune to become Members. Butler-Executive may be as corrupt as Legislature-It would place too pervading an Influence in him. Rutlege-We ought not to wish to have place Hunters in LegislatureNo Incentives ought to be held out to Men of that Description-Honesty will probably predominate in lower House Ability in the upper. Mason-He has experienced in Virginia that whenever a Man of the first Character who was not a Member of the Legislature was opposed to a despicable one who was a Member-the latter uniformly succeeded. If the Restriction is continud a Seat in the Legislature will lead the Way to first Offices-this sufficient Inducement-he is against Amendment. Madison-Men of Ability are not found [1] in Virginia to step forward in Public. Persons of other Descriptions press for Admission. King-Venality may be as successfully applied in the Appointment of Relations of Members as Members themselves. Wilson-Seijish Characters will endeavor to place Men of a generous Turn

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of thinking and Men of Abilities in a Situation not to be appointed-Executive ought to have app [ointmen Jt. Question 2 Ayes 8 Noes-Maryland divided, Jersey and Connecticut ay. Sherman moves after ineligible to insert and incapable of holding. Unanimously agreed. The Question was then put on the Words for the Space of one Year after its Expiration. 4 Ayes-6 Noes-I divided. Adjourned till Monday. GEORGE WASHINGTON: DIARY

Saturday 23rd. In Convention. Dined at Doctr. Ruston's & drank Tea at Mr. Morris's.

SUNDAY, JUNE 24, q87

GEORGE WASHINGTON: DIARY

Sunday 24th. Dined at Mr. Morris's & spent the evening at Mr. Meridiths-at Tea. RuFus

KING To ALEXANDER HooGDEN

Philadelphia 24 June 1787 Sir You must be sensible from the state of my account with the Treasury that I have a much larger demand for arrears of pay than either of my colleagues. I have made it a rule to forbear my importunities on this subject as long as possible. My present situation exposes me to heavy expenses, and I cannot but think that you will unite with me in Opinion that my claims are not behind those of any person who has a Demand on the Treasury. 1 I took an order some months since, on a note of the tax Treasurer's, for roo£. I sold it for go£. I cannot think of suffering so great a loss of my wages in future. I pray you to inform me when you will authorize me to draw on you for 200£. A much larger sum is due to me but I shall be content to wait some Time for the balance. With great respect I am, Sir, your ob. and very Hble. Servant Rufus King ALS (Historical Society of Pennsylvania) 1. The straitened financial condition of various delegates is a topic that recurs in this volume and in volume 3 of Farrand. One delegate attempted to alleviate his financial distress by selling information to the British about proceedings in Congress and, presumably, in the Convention. On March 8 Peter Allair, a British agent operating in New York and reporting to secretary of war Sir George Yonge, informed his superior that a member of Congress whose "expenses exceeds his income" was indebted to him and would provide information about Congress for a "liberal" retainer. By April 5 the potential informer had learned that his state had appointed him to represent it at the Philadelphia Convention from which he was, evidently, prepared to send "samples" of information directly to London. The records do not indicate if the proposed agreement between Allair and the Congressman was ever approved in London or if any intelligence was ever sent from the Convention. The identity of the Congressman cannot be conclusively established (Allair to Yonge, March 8, 1787 [two letters], April 5, 1787; P.R.O., F.O. 4/5).

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MONDAY, JUNE 25, 1787

joHN LANSING: NoTES ON DEBATES

4th Resolve. C. Pinkney-We are peculiarly situated-We have no Distinction of Ranks-When Executive hereditary or elective for Life Peers necessary. Not above IOO Men in the United States so rich as to be dangerous-these cannot be considered as a distinct Class on a national Scale-three Classes-professional Commercial and agriculturel-there Interests now generally resolvable into the last. He is therefore for something like the Virginia System, but State Sovereignties must be retained. The United States too extensive to furnish a general Legislature competent to the Management of domestic Concerns. States ought to be divided into five Classes-to havefrom one to .five Votes. Reed-The Confederacy similar to Articles of Co-partnership-Articles insufficient-before they are revised adjust old Accounts-apply all Lands acquired and protected by common Arms to discharge public Debt-this done we may make another Agreement. Wilson-The System of Hen. IV to unite Europe as a Republic had trifling Objects to those we are now engaged in attaining-The Happiness of the Globe involved in it-he has distinct Ideas of State and general Government-has Objection to any Part of Legislature being elected by the State Legislatures-it will perpetuate local Prejudices-States are not intended as component Parts of general Government-they need not be represented-The Objects of national Government will be-CommerceWar-Treaties Coins and other great national Concerns. On those Occasions the Proportions of Representation so as to give each State a proper Weight in the Government may be preserved, in the second Branch as well as the first. If both Branches are elected from same Source they will have same Interests.-Moves that the second Branch be elected by Electors to be elected by the Citizens of the United States. Elseworth-Every Representative will have local Ideas however elected. No existing and distinct Interests to form Ballances-Republican Governments cannot exist throughout U.S. but by support of individual States. Virginia cannot give Law to Kentuckey. Massachusetts cannot extend her Government roo Miles from Capital. These are strong Instances against an Extension of Republican Government on a general Scale-but the InII2

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habitants of every State are warmly attached to their several Constitutionsthis another Reason. Johnson-Individuality of States ought to be preserved. Mason-If Self Defence necessary to general Government it will be as necessary to individual States.-this can only be done by representing the States. On Question on Wilson's Motion-lost. Question on Election by Legislature. 9 Ayes-2 Noes. Agreed to expunge sufficient to ensure their Independence. 7 Ayes-4 Noes. Duration of Senate then considered-seven Years. Gorham-wished the upper House to be formed into Classes. Randolph assents-State Governments will be perpetually tending to the Subversion of general Government-this would give general Government Consistency. Reed-good Behaviour would be more effectual-If Mr. Hamilton would make the Motion he will second him. C. C. Pinkney-thinks 4 Years sufficient-otherwise Representatives might be induced to become Inhabitants of State in which Seat of Government established. Madison-this will weaken it too much. On Question on striking out seven Years. 7 Ayes-3 Noes. Gorham moved 6 Years-5 Ayes-5 Noes-! divided. (H[amilton] and myself voted Neg. on Question.) On Question.five Years. 5 Ayes-5 Noes-! divided. Morris moved that the Senate should be elected for and continue in Office during good Behaviour. Not seconded. Adjourned till to Morrow.

CHARLES PINCKNEY: DRAFT SPEECH

Our true situation appears to me to be this.-a new, extensive country containing within itself, the materials of forming a government capable of extending to its citizens all the blessings of civil & religious liberty,capable of making them happy at home.- This is the great end of republican establishments. We mistake the object of our government, if we hope or wish that it is to make us respectable abroad.-Conquest or superiority among other powers is not or ought not ever to be the object of republican systems.-If they are sufficiently active & energetic to rescue us from contempt & preserve our domestic happiness & security, it is all

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we can expect from them.-lt is more than almost any other government ensures to its citizens. I believe this observation will be found generally true.-that no two people are so exactly alike in their situation or circumstances as to admit the exercise of the same government with equal benefit.-that a system must be suited to the habits & genius of the people it is to govern & must grow out of them. The people of the U.S. may be divided into three classes. Professional men who must from their particular pursuits always have a considerable weight in the government while it remains popular.-Commercial men, who may or may not have a weight as a wise or injudicious commercial policy is pursued.-If that commercial policy is pursued which I conceive to be the true one, the merchants of this country will not or ought not for a considerable time to have much weight in the political scale. The third is the landed interest, the owners of & cultivators of the soil who are & ought ever to be the governing principle in the system--. These three classes however distinct in their pursuits are individually equal in the political scale, & may be clearly proved to have but one interest.-The dependence of each on the other is mutuel/-the merchant depends on the planter-both must in private as well as public affairs be connected with the professional men-who in their turn must in some measure depend upon them.-Hence it is that from this manifest connection & the equality which I before stated exists, & must for the reasons then assigned continue, that after all there is one but one great & equal body of citizens, composing the inhabitants of this country among whom there are no distinctions of rank & very few of fortune. For a people thus circumstanced, are we then to form a government & the question is, what kind of system is best suited to them. Will the British government.-no!-whyi because Great Britain contains three orders of people distinct in their situation their passions & principles.-These orders combined form the great body of the nation & as in national expenses & accounts the wealth & resources of the whole community must contribute so ought each component part to be properly & duly represented.-No other combination of power could form this due representation but the one that exists.-Neither the peers or the people could represent the royalty, nor could the royalty & the people form a proper representation for the peers.-Each therefore must of necessity be represented by itself or the sign of itself & this accidental mixture certainly has formed a government admirably balanced. But the United States contain but one order that can be assimilated to the British nation--this is the order of commons.-they will not surely then attempt to form a government consisting of three branches two of which shall have nothing to represent ... they will not have an Executive

MONDAY, JUNE 25, 1787

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& Senate hostile because the King & Lords of England are so.-The same reason do not exist & therefore the same provisions are not necessary. We must as has been observed suit our government to the people it is to direct.-These are I believe as active, intelligent & susceptible of good government as any people in the world.-The confusion which has produced the present relaxed state is not owing to them.-lt is owing to the weakness & impropriety of a government incapable of combining the various interests it is intended to unite & support & destitute of energy-The people of the U.S. are perhaps the most singular of any we are acquainted with.-Among them there are fewer distinctions of fortune & less of rank; than among the inhabitants of any other nation.-Every freeman has a right to the same protection & security and a very moderate share of property entitles them to the possession of all the honors & privileges the public can bestow.-Hence arises a greater equality, than is to be found among the people of any other country, and an equality which is more likely to continue. I say this equality is likely to continue; because in a new country, possessing immense tracts of uncultivated lands-where every temptation is offered to emigration & where industry must be rewarded with competency, there will be few poor & few dependent.-Every' member of the society almost, will enjoy an equal power of arriving at the supreme offices & consequently of directing the strength & sentiments of the community.-None will be excluded by birth, & few by fortune from a power of voting for proper persons to fill the offices of governmentthe whole community will enjoy in the fullest sense that kind of political Liberty which consists in the power which the members of the state reserve to themselves of arriving at the public offices, or at least of the having votes in the nomination of those who fill them-If this state of things is true & the prospect of its continuing, probable, it is perhaps not politic to endeavour too close an imitation of a government calculated for a people whose political situation is, & whose views ought to be extremely different Much has been said of the constitution of Great Britain.-! will confess That I believe it to be the best constitution in existence, but at the same time I am confident, it is one that will not suit or cannot be introduced into this country for many centuries.-If it were proper to go here into a historical dissertation of the British constitution, it might easily be shewn that The peculiar excellence, the distinguishing feature of that government cannot possibly be introduced into our system.-that it's balance between the crown & the people cannot be made a part of our constitution.that we neither have, or can have the members to compose it.-nor the rights, privileges & properties of so distinct a class of citizens to guard.that the materials for forming this balance or check do not exist, nor is there a necessity for having so permanent a part of our legislative until the

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Executive power is so constituted as to have something fixed & dangerous in it's principle.-by this I mean a sole, hereditary, tho' limited Executive-That we cannot have a proper body for forming a legislative balance, between the inordinate power of the Executive or the people is evident from a review of the accidents & circumstances, which gave rise to the peerage of Great Britain.-! believe it is well ascertained that the parts which compose the British constitution arose immediately from the forests of Germany, but the antiquity of the establishment of nobility is by no means clearly defined.-Some authors are of opinion that the dignity denoted by the titles of dux et comes was derived from the old roman to the German Empire, while others are of opinion that they existed among the germans long before the romans were acquainted with them.-the institution however of nobility is immemorial among the nations who may properly be termed the Ancestors of Britain.-At the time they were summoned in England to become a part of the national council & the circumstances which have contributed to make them a constituent part of that constitution, must be well known to all gentlemen who have either had industry or curiosity to investigate the subject.-The nobles with their possessions [/] & dependants composed a body permanent in their nature & formidable in respect of their powers.-They had a distinct interest either from the king or people-an interest which could only be represented by themselves, & the guardianship of which could not be safely intrusted to others.-At the time they were originally called to form a part of the national counsel, necessity perhaps as much as any other cause induced the monarch to look up to them.-It was necessary to demand the aid of his subjects in personal & pecuniary services,-the power & possessions [!] of the nobility would not permit taxation from any assembly of which they were not a part & the blending the deputies of the commons with them, & thus forming, what they called their parler-ment was perhaps as much the Effect of accident as of any thing else.-The commons were at that time compleatly subordinate to the nobility whose consequences & influence seem to have been the only reason for them that superiority.-a superiority so degrading to the commons-that in the first summons, we find, the freemen called upon to consult the commons to consent-from this time the peers have composed a part of the British legislature & notwithstanding their power & influence have deminished & the commons increased yet still they have been found always, an excellent balance against either the incroachments of the crown or the people ... - I have said that such a body cannot exist in this country for ages & that until the situation of your people is exceedingly changed no necessity will exist for so permanent a part of the legislature.-To illustrate this I have remarked that the people of the U.S. are more equal in their circumstances

MONDAY, JUNE 25, 1787

rq

than the people of any other country.-that they have few very few rich men among them?-by rich men, I mean those whose riches may have a dangerous influence, or such as are esteemed rich in Europe.-perhaps there are not roo on the continent.-that it is not probable this number will be greatly increased.-.-that the genius of the people, their mediocre situation & the prospects which are afforded their industry in a country which, must be a new one for centuries are unfavorable to the rapid distinction of ranks.-The distinction of the right of primogeniture & the equal division of the property of intestates will also have an effect to preserve this mediocrity.-for laws invariably affect the manners of a people.-On the other hand that vast extent of unpeopled territory which opens to the frugal [?] & industrious a sure road to competency & independence will effectually prevent for a considerable time that increase of the poor or discontented & be the means of preserving that equality of condition which so eminently distinguishes us. If Equality is as I contend the leading feature of the U.S. where then are the riches & the wealth whose representation & protection is the peculiar province of this permanent body.-Are they in the hands of the few who may be called rich, in the possession of less than roo citizens.certainly not--they are in the great body of the people among whom there are no men of wealth & very few of real property-is it probable, that a change will, be created, & that a new order of men will arise.-If under the British Government, for a century, no such change was probable, I think it may be fairly concluded it will not take place while even the semblance of republicanism remains.-How Is this change to be effected.-Where are the sources from whence it is to fl.ow.-From the landed interest.-no-they are too unproductive & equally divided in the majority of the States.-From the monied interest if such exists at present, little is to apprehended.-Are they to spring from Commerce--! believe it will be the first Nobility that ever sprung from merchants.-Besides Sir I apprehend upon this point the policy of the U. States has been much mistaken, We have unwisely considered as the inhabitants of an old instead of a new country.-We have adopted the maxims of a state full of people & manufactures & established in credit-We have deserted our true interests & instead of applying closely to those improvements in domestic policy which would have insured the future importance of our commerce We have rashly & prematuraly engaged in schemes as extensive as they are imprudent.-This however is an error which daily corrects itself & I have no doubt that a few more severe trials will convince us, that very different commercial principles ought to govern the conduct of these States. The people of this Country are not only very different from the inhabitants of any State we are acquainted with in the modern world, but I assert that their political situation is distinct from either the people of Greece or

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Rome or of any state we are acquainted with among the Antients.-Can the orders introduced by the institution of Solon, can they be found in the U.S.-can the military habits & manners of Sparta be assimilated to our habits & manners.-Are the distinctions of patrician & plebian known among us/-Can the helvetic or belgic confederacies, or can the unwieldy, unmeaning body called the Germanic Empire can they be said to possess either the perfection or a situation like ours.-1 apprehend not--they are perfectly different, either in their distinctions of rank, their constitutions their manners & their policy. All that we have to do then is to distribute the powers of government in such manner & for such limited periods as while it gives a proper degree of permanency to the magistrate will reserve to the people the right of election they will not or ought not frequently to part withI am of opinion that this may be easily done & that with some amendments the propositions before the committee will fully answer this end No position appears to me more true than this that the general government cannot effectually exist without retaining the states in the possession of their local rights.-They are the instruments upon which the Union must frequently depend for the support & execution of their powers however immediately operating upon the people & not upon the states. Much has been said about the propriety of removing the distinction of state governments, & having but one general system, suffer me for a moment to examine this Question. Farrand, 4:28-37

PIERCE BuTLER: NoTES ON DEBATES

Mr. Willson. Because a State Government ought to elect a general Government the general Government ought as well to appoint the State Governments. He objects to the state Governments having anything to do in electing the general Governments. The general Government is not to be considered as composed from different States. Commerce, he says must be common. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Monday 25th. Attended Convention. Dined at Mr. Morris's-drank Tea there-& spent the evening in my chamber.

TUESDAY, JUNE 26, 1787

jOHN LANSING: NOTES ON DEBATES

Reed moved to insert nine Years in the Blank. Madison-The Advantages of Government cannot be extended equally to all-Those remote from Seat of Government cannot be placed in a Situation equally advantageous with such as near it-Distinctions will always exist-that of Debtor and Creditor-Property had made Distinctions in Europe before a Nobility was created-Inequality of Property will produce the same Distinctions here-The Man in affluent Circumstances has different Feelings from the man who daily toils for a Subsistence. The landed Interest has now the Supreme Power-a Century hence the commercial may prevail-The Government ought to be so organized as to give a Balance to it and protect one Order of Men from the predominating Influence of the other.-The Senate ought to represent the opulent Minority-If this is not done the System cannot be durable. Sherman-Permanency and Security appear the great Objects of pursuit-In Connecticut have had annual Elections for I 3 5 years-It has protected Property effectually and no Imputations of Instability on it. Hamilton-We are now considering the Cause of Democracy-he is attached to a free Government and would chearfully become a Martyr to it-The occasional Violence of Democracy and the uniform Tyranny of a Despot are productive of the same Consequences-to prevent them he is for tuning the Government high-In the ordinary Progress of Things we must look to a Period as not very remote when Distinctions arising from Property will be greater-You must devise a Repository of the Rights of the wealthy-At Rome after the Institution of the tribunitian Power greater Distinctions arose from the unequal Distribution of Riches and Rich and Poor were more oppressive Distinctions than patrician and plebeian. Under the Colonial Government of Connecticut its Objects were contracted-but we have taken a new Station-Its Powers ought to be enlarged in Proportion to the Magnitude of the Objects it is intended to embrace. He will therefore go beyond any of the Ideas advocated by either Party.-Is for nine Years. Wilson-Foreigners in making Treaties will naturally be inclined to wish a permanent Body to treat with-This will give their Measures Re-

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spect and Permanency-Great Britain will not make Treaty with us because Congress instable.-znd Branch have that [i] Power. On Question Delaware Georgia and Pennsylvania Aye-8 Noes. Gorham moves six Years one third to go out biennially. 7 Ayes-4 Noes-New York New Jersey South Carolina and Georgia No. C. C. Pinkney-maves that to receive fixed Stipends be struck out-It is the prevailing Idea that 2nd Branch ought to represent the Wealth of the Nation-If so they ought to serve without Compensation. Franklin-Is of the same Opinion-We will always be able to command the Attendance of a sufficient Number of Men, whose Wealth will enable them to serve Gratis-On Question 5 Ayes-6 Noes. Elseworth moves To be paid out of the State Treasurys. Madison-by making Elections six Years distant from each other we evince a Disposition to make them independent.-This can only be done by a Payment from national Treasury. Strong-If you fix the Provision it will not comport with oeconimical Ideas of the Day-It will alarm the Public-Let Legislature provide for themselves. On Question 5 Ayes-6 Noes. To be paid out of the Treasury of the United States. Mason-The second Branch is intended as a Check to the democratic Spirit-Would it not be best to insert a Qualification of Estate! On Question 5 Ayes-6 Noes. To be ineligible to any Office by any particular State. On Question 3 Ayes-8 Noes. Or United States during the Time for which they were elected and for one Year thereafter. On Question-Unanimously affirmative. 5th Resolve-carried unanimously without Debate. Adjourned till to Morrow. PIERCE BuTLER: NoTES oN DEBATES

Maddison. Each Interest ought to be represented. Property ought to be defended against the will of even the Majority. If we do not give it a just ballance or proportion of power, the Government can not last. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Tuesday 26th. Attended Convention. Partook of a family dinner with Govr. Randolph and made one of a party to drink Tea at Grays ferry.

TUESDAY, JUNE 26, Ji87

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OLIVER ELLSWORTH TO ABIGAIL ELLSWORTH

Philadelphia, June 26, 1787 Mrs. Ellsworth Our business is yet unfinished and it yet remains uncertain when I shall return home. I am sure I wish for the time for this city has no charms for me. I mix with company without enjoying it and am perfectly tired with flattery and forms. To be very fashionable we must be very trifling and make and receive a thousand professions which everybody knows there is no truth in. Give me a little domestick circle where affection is natural and friendship sincere and I do not care who takes the rest. I seldom write long letters to anybody and I am sure I need not to you to convince you that I am with the truest and tenderest affection. Yours Oliver Ellsworth Love to the little ones. Chauncey is well through the smallpox ALS (Connecticut Historical Society)

jOHN LANSING TO PHILIP SCHUYLER

Philadelphia, June 26th, 1787 ... The business of the Convention is going on very slowly and it is still in such a Stage as to render the Result very dubious. ALS (New York Public Library)

EDMUND RANDOLPH TO BEVERLEY RANDOLPH

Philadelphia, June 26th, 1787 Sir: I beg leave to enclose to your honorable board a letter from Mr. Wythe, resigning his seat in the federal convention. As it rests wholly with them to decide on the propriety of appointing a successor, I shall only assure you, that, if the vacancy should be supplied, the delegation will receive with pleasure any gentleman, whom you may think proper to associate with them . . . . ALS (Virginia State Library)

WEDNESDAY, JUNE 27, q87

jOHN LANSING: NOTES ON DEBATES

Rutlege moves that 6th Resolve be postponed to take up 7th and 8th.Agreed to. 7th Article-the Words ought not to be according to the Rule established by the Confederation first to be considered. Martin-general Government only intended to protect State Governments. National Objects for Legislative and Executive Exertion ought to be defined and much contracted. If after the greatest Caution defective, it may be revised by a future Convention. While national Government acts for general Good in the Sphere prescribed for it-no hostility to be apprehended from individual States-it will receive their Patronage and Protection. The Respect shewn to a general Government weak to Excess evinces the amicable Disposition of the Individual States to it. Virginia and Maryland made Convention for settling Navigation in Chesepeak and Potowmack-this is no Breach of Confederation. The Troops of Massachusetts were drawn out to quell Rebellion-Neither of those Instances prove a Disrespect to Articles of Union. In every Confederation Equality of Suffrage indispensible. The larger States have more to protect and their superior Wealth and Strength give them a proportionate Influence. The three larger States can carry the most injurious Points to the other States-unless the others miraculously combine. The Executive and Judicial will be from them. The Executive has a Right to subject Laws to a Revision-this will protect them effectually. But what is to prevent them from making decided Arrangements to assume all the Power of general Government! Athens-Sparta and Thebes pursued same Line of Conduct. From the Journals of Congress it appears that Virginia was sole for apportioning Representation by Numbers or Contribution-She has gained many Proselytes since. The smaller States gave up their Share to the common Territory acquired by their joint Exertions-this was an important Sacrafice. Jersey Maryland and several other States have contributed as essentially 122

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to repel the Enemy as the large States who now suppose themselves entitled to Preeminence-he would not trust a Legislature so constituted to legislate for Carolinian Slaves or Massachusetts oxen.-the one was to form Part of Rule for Representation-He cannot give his Assent to subject the Rights of Freemen to them. It has been observed that great States have great Objects, which they will not permit the small States to thwart-If those Objects are directed to general Good they will be pursued by all-if not, it would be right to defeat them. Adjourned till to Morrow.

GEORGE WASHINGTON: DIARY

Wednesday 27th. In Convention. Dined at Mr. Morris's. Drank Tea there also and spent the evening in my chamber.

WILLIAM SAMUEL jOHNSON TO ANNE jOHNSON

. . . My time has been so much taken up with company from which I could not excuse myself, that I have but a very few Moments left to acknowledge the rect. of your dear favor of the 22d instant. ALS (Connecticut Historical Society)

WILLIAM PIERCE TO ST. GEORGE TUCKER

Philadelphia, June 27, 1787 My dear Sir: ... I wish it was in my power to give you some information respecting the proceedings of the Convention, but we are enjoined to secrecy. I dare not say any thing. You may suppose that where there are a variety of interests, there will be a variety of projects. Nothing can conquer the force of local habit. Some are for one thing, and some for another, but I believe we shall ultimately agree on some sort of Government. Burlemaqui relates a circumstance which he has borrowed from Herodotus that is a good deal in the style of our various sentiments. On the death of Cambyses of Persia there was an attempt made to re-establish the Government and to effect the punishment of the Magus who had usurped the Throne as a descendant from Cyrus. A question was proposed in the Council of the seven Chiefs, of this sort-what is the best kind of Government for the present state of Persia! One was of opinion that Persia ought to be a Republic; another was of opinion that it ought to be a strong

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Aristocracy, and a third (who I think was Darius) was convinced that no other Government would suit it but a .Ylonarchy. I pray you not from this story to conclude that we 1re to have a Monarchy. I related it merely to give you some idea of the various opinions which we have sometimes started. ALS (College of William and Mary)

CONVENTION DELEGATES TO BENJAMIN FRANKLIN

The Gentm. of the Convention at the Indian Queen present their compliments to his Excellency the President of the State of Pennsylvania and request the honor of his company to dinner at their Quarters on Monday next at half after three o'clock. Wednesday June 27th The favour of an answer is requested. Farrand, 4: 66.

THURSDAY, JUNE 28, 1787

jOHN LANSING: NOTES ON DEBATES

Martin-It is in State Capacities we are taxed-The Majority of States ought to tax. In arguing it has been said that Protection ought to be extended to rich and poor-they ought only to protect States. Daily Experience shews the Genius of People is in Favor of small Governments-they are for seperating whenever they are remote from its Seat. In Amphictionic Council each State had two Votes. Sparta attempted to exclude three Cities. Destruction of Confederacy owing to large States. In the Dutch and Swiss Confederacies each has one. Berne and Zurich are equal to all the Rest-each has one Vote. Happiness is preferable to the Splendors of a national Government. Admission of large States into the Confederation dangerous to the others if they are admitted on Principles of perfect Equality-but more so if they have a constitutional Predominance. There is no Danger of not having another Convention unless the Conduct of the present prevents it. The greater States as now circumstanced are not Objects of Terror. Massachusetts convulsed-Pennsylvania Commerce in the Power of Jersey and Deleware-Virginia weak and divided. It is as much their Interest to confederate as any of the smaller States-If they will not do it on the Footing of Equality let them take their own Course. Madison-Fallacy of Argument owing to a Connection of Legislative Ideas with Right of making Treaties. Are the larger States congenial to each other by Proximity common Interests or Similarity of Pursuits/-They are not-they are so situated as to perpetuate Diversity of Interests. The Staple of Massachusetts is Fish and she has carrying Trade-that of Pennsylvania Wheat and Virginia Tobacco. Equality will uniformly excite Jealousy-Did Rome and Carthage combine to destroy their Neighbours/ This Question will determine whether we shall confederate at all or partial Confederations shall be formed. 125

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Williamson-Mathematically Demonstrable that Representation ought to be proportioned to Individuals. If the Taxes are laid by smaller States what would prevent them from surcharging the greater! Wilson-Is it not unjust that old Sarum should send two Members and London only four! If this admitted it applies forcibly to the present Case. Lansing-moved that Word not be struck out. Madison-Efficient Government can only be formed by apportioning Representation. The States may be equalized by general Government. The State of New Jersey being unrepresented by the Indisposition of Governor Livingston the Question was put off by New York. Previous to which L . . . . Adjourned till to Morrow.

PIERCE BuTLER: NoTES oN DEBATES

Williamson. States Cannot be taxed according to Numbers. Sherman. It will not be reasonable that the Interior States should pay as much as the Commercial States. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Thursday 28th. Attended Convention. Dined at Mr. Morris's in a large Company-(the news of his Bills being protested, arriving last night a little mal-apropos). Drank Tea there, & spent the evening in my chamber.

WILLIAM BLOUNT TO jOHN GRAY BLOUNT

Philadelphia June 28th I787 ... I am not at Liberty to say what is done or doing in Convention but I can say things are so much in Embryo that I could give you no satisfactory account if I were so much at Liberty. It is generally supposed that the Convention will continue to sit for 2 Months at least. Yours William Blount ALS (North Carolina Division of Archives and History)

FRIDAY, JUNE 29, 1787

JoHN LANSING: NoTEs oN DEBATES

Johnson-Must unite Ideas of States with Districts of Country containing a certain Number of Inhabitants. Gorham-three Members of Massachusetts are Descendants of Persons who resided in three different Provinces now united in Massachusettsthis Circumstance does not influence their Measures. If all the States go off excepting one-Massachusetts will stay with that one and recommend System. Reed-Has no Doubt resp[ectin]g it-will agree to Report so far as respects this Point. Hamilton-In the Course of his Experience he has found it difficult to convince Persons who have been in certain Habits of thinking. Some desultory Remarks may not be improper. We can modify Representation as we think proper. The Question simply is, what is general Interest. Larger States may submit to an Inequality of Representation to their Prejudice for a short Time-but it cannot be durable. This is a Contest for Power-the People of all the States have an Inequality of Representation. So long as State Governments prevail State Influence will be perpetuated. There may be a Distinction of Interests but it arises merely from the carrying and noncarrying States. Those Persons who have had frequent Opportunities of conversing with the Representatives of European Sovereignties know they are very anxious to perpetuate our Democracies. This is easily accounted for-Our weakness will make us more manageable. Unless your Government is respectable abroad your Tranquility cannot be preserved. This is a critical Moment of American Liberty-We are still too weak to exist without Union. It is a Miracle that we have met-they seldom occur. We must devise a System on the Spot-It ought to be strong and nervous, hoping that the good Sense and principally the Necessity of our Affairs will reconcile the People to it. Pierce-The Difficulty of carrying on Business in Congress is owing to local Prejudices and Interests. Must sacrafice States Distinctions. Madison-Examine Journals of Congress-see whether States have been 127

r28

SGPPLEMEKT TO FARRA,:'\D'S RECORDS

influenced by Magnitude. Small States have embarrassed us-Embargo agreed to by twelve States during the War-Deleware declined it. On Question whether not should be struck out. Massachusetts Pennsylvania Virginia North Carolina South Carolina and Georgia-Noes. New York-New Jersey. Connecticut and Deleware-Ayes. Maryland divided. Question put on Resolve carried-6 Ayes-4 Noes-1 divided. Elseworth-moves to postpone Remainder of 7th Resolve to take up the 8th. Question 9 Ayes-2 Noes. Elseworth-In first Branch you draw Representation from Numbersthe Individuals will have their Rights protected here. He will move that each State have an equal Vote in second Branch. This will preserve State SovereigntiesIn any Community select a fifth, a tenth, or any other Proportion from all the different Classes of Citizens-give them an exclusive Right of governing-they will become a distinct Order and oppress the Rest. So it will be with the States. It will be much easier for the three States to confederate than the others to join to defend themselves. Baldwin-wishes Powers to be modified-but Property ought to be represented in one BranchMadison-If there was any Difference of Interests would agree to equal Representation. Let Gentleman recollect the Experiments that have been made to amend Confederation-they always miscarried. The Dutch Republics made four several Experiments all ineffectual. Adjourned till to Morrow.

PIERCE BuTLER: NoTES ON DEBATES

Ellsworth. The second Branch to be a Check on the first. To Establish a National Legislature that shall reach property. If We do not go upon a system that shall establish bad habits. PHOTOSTAT (Library of Congress)

JOHN DICKINSON: NOTES FOR A SPEECH'

But the Majority of the larger states in Congress and the local situation of the smaller are not the only two sureties for the Interest of the former I. So dated because the remark about the "Candor by an Honorable Gentleman from Virginia yesterday" in acknowledging the primacy of large states in a confederacy is apparently a reference to James Madison's speech of June 28 (Farrand I :448-49).

FRIDAY, JUNE 29, 1787

I29

against the latter. There are two more. rst The national Influence of the larger states from a Variety of Causes of the larger, in the National Councils. This acknowledged with Candor by an Honorable Gentleman from Virginia Yesterday. 2d The Representation in the first Branch of Legislature which will most probably take place with the future consent of the smaller states in Proportion to numbers or actual Contribution to the national Uses. Our situation from Delaware. Let the Property of the larger states be secured. Let the Property and Liberty of the lesser be also secured. Let Neither dictate to the other. What will be the Condition of the larger in this Case? Their Property cannot be disposed of without their Consent. 2 What will be the situation of the smaller, if in both branches, the Representation is in the Proportion mentioned? They will [be] delivered up into the absolute power of the larger. 3 They may injure them in a Variety of Ways. I will mention but two. They may destroy their Trade and draw it wholly to themselves. 4 They may tax them to relieve themselves. Is this too monstrous a supposition? Athens did it. Britain attempted it. What did Athens. She with rash Hands tore Taxes from the Allies that were confederated with her in the most solemn Manner. For Prosperity of the Confederation. No. To exhibit with Asiatic Magnificence the Tragedies of Sophocles and Euripides. Signal Vengeance at length overtook the luxurious Tyrant. What has been may be. There is not a great State in the Union but is as eminent in every public and private Virtue as the Smaller, but power Grandeur and Prosperity mingle an intoxicating Draught. too generally too strong for the limited Understanding and fallible Virtue of Mortality. We are not forming plans for a Day Month Year or Age, but for Eternity. 5 Let us endeavour with united Councils to establish a Government that not only may render our Nation great respectable free and happy but also VIRTUOUS. Let us try to combine political Establishments with moral Virtue that if possible the first may be equal with the Duration of this World and an aid or at least not a Hindrance to the Enjoyment of another. AD (Historical Society of Pennsylvania) 2. In the margin: "Jersey proposal impracticable inadmissible. What others. Mine. of the different Representation. The smaller states will be swallowed up if every new State is established an equal Vote, which they must have. Proportion of Taxes will secure Us. Nothing else can." 3· In the margin: "if perhaps legislation is in proportion to Numbers or Quotas of Contribution-only in one Branch. If Numbers or Quotas are assumed-The new States to be created may rule the present states as Vassals, under the form of Laws. They will do it. The Fate." 4· A phrase, undecipherable, was added by Dickinson with a caret here. 5. Here Dickinson wrote an undecipherable Latin phrase, ending with "Eternitati."

SUPPLEMENT TO FARR-\ND'S RECORDS

IJO

GEORGE WASHINGTON: DIARY

Friday 29th. there.

jOHN

F.

In Convention. Dined at Mr. Morris and spent the evening

MERCER TO WILLIAM SMALLWOOD

Annapolis. June 29. 8 7. Having been apprized by yr. Excellency, that difficulty had or would occur, to prevent the advance of money to those Gentlemen who have been appointed by the Legislature to attend the Convention now sitting in Philadelphia, no money having been appropriated to this purpose-! woud beg leave on this to remark to yr. Excellency, that such advances are, I am authorized to say usual in other States on this occasion & as far as it respects myself woud be now convenient-but as I fear that a cause of this nature may still have its future operation, I am led to be explicit with your Excellency on my part, that private circumstances do not permit my sparing any part of my own resources for any length of time, & that unless I coud receive assurance of a speedy restitution of my expences to the amount of the allowance the State has affixed, it will be wholly out of my power to attend-In making this communication, I hope your Excellency will remain persuaded, that I strongly regret the necessity, which obliges me on an occasion of this moment to suggest any difficulty of this nature. Farrand, 4:66-67

SATURDAY, JUNE 30, 1787

joHN LANSING: NoTES ON DEBATEs

Mr. Hamilton left Town this Morning. Brearly-moves that President write to Executive of New Hampshire to send Delegation. Question. New York and New Jersey Ayes-5 Noes I divided. Each State shall have equal Vote.-Wilson-Gentlemen have declared the Reluctance of Eastern States to acceed to national Government.-If a Minority are inclined to separate it never can be on stronger or better Principles. State of Votes now as 2 2 to 9o-Shall the one fourth controul the Remainder. Can we forget for whom we form Governments-for Men not imaginary Beings called States. Elseworth-On this Occasion each State has only a preventive Votethe Minority is not to govern but to prevent its own Destruction-this is not novel-it is useful. It is said the Equality of Suffrage has embarrassed us-Can Gentleman Instance salutary Measure being lost by not having a Majority of States in its Favor. Rhode Island did not defeat Impost under Confederation. If Security be the principal Object of the great States they have it here. All the Reason in favor of national Go-vernment founded on Ideas of State Interests having too powerful Operation-as they are permitted to exist they must still influence. Madison-Equality of Representation was dictated by the Necessity of the Times. The larger States cannot be safe unless they have a greater Share in Government. Connecticut has shewn a Disregard to her foederal Compact-She has declined complying with Requisition. Elseworth-That Connecticut has not complied with Requisition is owing to her superior Exertions during the War-to keep her Regiments compleat she incurred an enormous Expence-She was exhausted-that was Reason of Delinquency. Sherman-That Legislature of Connecticut did not comply with Requisition is no Impeachment of Congress. If the Argument is to have any Weight shew that the State frustrated it in Congress. Davie-90 Members are proposed for Senate-As States accede the

13 I

IJ2

SUPPLE:\1ENT TO FARRA.:-.JD'S RECORDS

Numbers will be much increased-this will embarrass-they ought to be less. The Preservation of the State Governments is the only Object of Confederation. but if each State has a single Vote it will defeat the whole System. Wilson-he subscribes to Justice of Davies Remark-the Senate ought to consist of a few. In apportioning Representation he will agree that every roo,ooo Persons shall be represented by one Member and that every State having less should have one. Franklin-We must do like a Joiner in making a Table-take off the Protuberances-pare the different Opinions to a common Standard. He has prepared a Proposition with that Intention-Each State ought to have a certain Number of Votes in Senate. On some Occasions an Equality of Suffrage to be admitted in States, in others to be apportioned. but thinks Equality is inequitable. In the last War the U. States and King of France had not an equal Vote in the Disposition of the Money expended for common Defence! King-Every Vice of the present System will be perpetuated by adopting Amendment-We subject our minds to imaginary Evils-Is much affected-has heard no Arguments in Favor of it. Dayton-If Gentlemen will substitute Declamation for Argument it is not surprising that they are unattended t(f-A Number of Reasons forcible in their Nature have been assigned in Favor of Amendment-they have not been answered. He is convinced this can never receive Approbation of the People. Bedford-Will rather agree to consolidate Government than apportion Representation unequally. Ambition and Avarice influences us-We represent the different Interests of our States-the larger States wish to aggrandize themselves at the Expence of the others. The Language of the greater States is give us Power we will exert it for your Benefit. If a Combination does not destroy us a Rivalship of the large States will. The smaller States are entrapped-you get a Representation under one View you give into another. Is a Breach of the Union so trifling as to be told with a Smile-that a few States will confederate-they dare not-It is only calculated to intimidate. The People expect an Amendment of the Confederation-they will be surprised at our System-they are not ripe for it. King-When Scotland and England united the same Arguments were adduced-Their Rights however still exist. If there is a Power which from its Prevalence may absorb all others, it will have that Effect whether you confederate or not. Adjourned till Monday next.

SATURDAY, JUNE 30, 1787

IJJ

jOHN DICKINSON: NOTES ON DEBATES 1

The Line drawn for Alteration General Powers cannot be particularized. Map of America. Mr. Wilson-Waters of Bitterness have flowed from unequal Representation Men or States cant confederate wont participate with same Rights True-but they may-what they will part with-a party in [one word undecipherable] under Sanction of Compact. Mr. Wilson-Smaller states cant be injured, but protected by Executive-doubtful-Is there no other Mode of Injury. On this Proposal, every Man may give his Vote, and therefore may be equally representedanswer-Here is a substantiation of every Reason on which our objection is founded, i.e., the Representatives chosen in Virginia will carry into the public councils that Momentum of Attention to Virginia which animated their Electors. This can only be counteracted by a supposition that the Citizens of Virginia are as ardently attached to the Interests of New Hampshire or Delaware as to those of Virginia a supposition which the Honorable Gentleman will not make especially as two Interests may sometimes be opposite. Resolved, that a national Executive be chosen in the Manner following, that is to say-the Freeholders of each state respectively shall every two Years at the Election of the Members of the first Branch nominate person Resident within the same out of whom the national Legislature shall chuse the said Executive. 1. So dated because a list of states, their quotas of taxes, and their delegate strength proportioned thereupon-identical to that printed by Farrand at June 9 (I:I90)-appears at the head of the document with the addition of the assignment of one to four senators to each state, the basis of apportionment being one senator per IOO,OOO inhabitants, as James Wilson proposed on June 30 (I:488). Also, Dickinson's brief notes on Wilson's speech appear to fit Wilson's remarks of June 30, especially those in which he argued that an executive chosen from one of the large states could provoke the opposition of the other large states and that the ensuing tension would protect the small states (I :483). A case can be made for dating this document June 9, the date of the appearance in the Convention of the list of states and their quotas. On that day Brearley of New Jersey argued that the only way to solve the problem of representation was "that a map of the U.S. be spread out, that all the existing boundaries be erased, and that a new partition of the whole be made" (I: I 77 ). Wilson followed Brearley with a defense of proportional representation. This sequence may be indicated in this document, with its reference to "Map of America" followed by Wilson's statements on representation. Militating against a June 9 dating, however, is the requirement, in the first of Dickinson's resolves, of biennial election of members of the first branch. Dickinson favored triennial elections, but on June 2 I the Convention established biennial elections (I :36o-62). Dickinson's specifying the latter would, therefore, indicate a post-June 2 I date and corroborate the June 30 dating.

134

SUPPLEMENT TO FARRAND'S RECORDS

Rates of Representation in the first Branch to be founded on Taxes actually collected and paid every Year. A Negative by the national Legislature on the Legislative Acts of Individual States to be retained. Equal Laws as to persons and places. Rotation in 2d Branch. Exclusive Right of emitting Money of every kind. Also of terminating Contests within a State. So of punishing their officers-Habeas Corpus and Trial by Jury. AD (Historical Society of Pennsylvania)

JoHN DICKINSON: NOTES FOR A SPEECH

(1)2

The sense of all Confederations r. Policy in allowing an equal Vote 2. Justice In a Confederation no Danger from small states Their Interest is peace prosperity Ballance Their Condition teaches them political Virtues and suppresses political Vices. This Reason teaches Experience confirms Instances in several Republics The amphyctionic League Athens and Sparta Archaia 2. The following Dickinson documents form a unit. Document I is an outline of a speech; the other three contain phrases and ideas sketched in it. The speech for which these documents were the raw material was never delivered. Dickinson seems to have been moved to attempt a major speech by Madison's speech of June 28, for it is to that effort that he alludes in Document II by mentioning the "Distinctiaon made by Virginia," that is, the distinction made by Madison between the force of a compact and a treaty (Farrand, 1:446-47). In his June 28 speech Madison also surveyed ancient and modern confederacies from the Amphictyonic League to Austria; Dickinson treats the same topics. A more precise date for the preparation of Dickinson's notes can be derived from his use of the word "Lamb" in Document I, which he amplified in Document III to "Lessons in the Language of Fable," concerning a "Lamb." The only reference to a lamb in Farrand's Records is in William Paterson's notes of June 30, which indicate that he intended to examine the claim that "The Lesser States will destroy the larger-Lamb and Lyon" (1:506). June 30, then, would appear to be an approximate date for Dickinson's notes, a surmise strengthened by their subject matter-a plea for equal representation of the smaller states, the issue that was monopolizing the Convention's attention at that time.

SATURDAY, JUNE 30, 1787

IJ5

Germany Call for opposite Instances What Experience in Congress What are the Causes of our Distress Not the Voice of smaller states but the Want of greater powers What Instances of Injury by the Interests of the smaller states being different from the rest None A Majority of States are large Others of competent size to be formed by them-as they a real Majority Little Being Enemy passed [two words undecipherable] neither great states to dictate to smaller ones nor smaller ones to great ones Large states may [undecipherable phrase] A large Commercial State ought to patronize the smaller ones in her Neighborhood that depend on her no harm I was of same opinion at the Beginning when representing Pennsylvania We are settling general Principles. The Eyes of Europe of the World upon Us. Great sentiments have settled often general principles that obtained the universal pleasing Homage of Mankind because approved by the understanding and dear to the uncorrupted Heart. Liberty Benevolence Justice Lamb The equal Vote allowed in allmost every Confederation Compact. Distrust between State and Individuals unfounded. An Experiment more cruel than curious like opening a living Animal to examine the palpitations of its dying Heart. The World will know the Force. The Reasons urged against it. What will they say/ The Highest Authority declaring that Justice and Compact must give way to Convenience-to Necessity. The Plea of Tyrant. A Necessity in words not in facts. Is this a foundation for Empire/ What an Example Talk no more of Tender Laws and violations of Treaties. They were convenient. Let not the large states dictate to the smaller nor the smaller to the larger. AD (Historical Society of Pennsylvania) jOHN DICKINSON: NOTES FOR A SPEECH

(II)

I pass to the second point. The Justice Compact Distinction made by Virginia inadmissible between states and Individ-

136

SUPPLEMENT TO FARRAND'S RECORDS

uals. What are Treaties! Compacts between states to be violated. No. Answer Reservation dreadful! that this Compact was temporary tho declared perpetual. A Despot may hereafter use the same Language. What Degradation of Character have we suffered on that Account! What Treaties what Compacts more solemn more sacred than those made by States Neighbours Brethren of the same Blood Family i In a [one word undecipherable] are imminent a dreadful Danger! Did not our Hearts dictate our Words. Our Hands confirm the stipulation by subscription for perpetual Remembrance. Did we not call the Nations of the Earth and Heaven itself to witness our agreement with each otheri All to be dissolved in the short period of I I Years. Is American fidelity only to be retained in Clouds and Storms, like the Travelers Cloak, and to be thrown away, as soon as the bright and warm sun breaks thro them. Did our fellow Citizens shed their Blood, lose their Limbs, and encounter every difficulty Distress and Danger upon this Compact that an opportunity might be purchased by their suffering for violating it! Is this the Return as above. Under the auspices of Heaven we are where we are and what we are. Let us recollect the Pythagorean maxim and "revere ourselves." What is the pretence for this Violation? No Injury in the public Councils no perfidy in the public Cause. Not so well acquainted with Particulars as to the other smaller states. What has N.J. done or neglected to do to merit this treatment. Overwhelmed with hostile Armies. her people plundered her towns burnt her Matrons and Virgins butchered. Did New Jersey falter. No. A mournful Monument of human Virtues assailed yet faithful. Thro the little State of Delaware, the Army of the Enemy passed, while her whole seaboard was exposed to the continual Hostilities of her naval forces darting upon her whereever they pleased and not to be protected because the points of attack were unknown, till the Injuries were committed. Weak as her arm was yet did her Mind ever waver! No. All succor cut off. Held by the Throat. swords incontinantly pointed. She was ready and willing to be sacrificed rather than renounce the Fate of her Country. What pretence then for this Conduct to the smaller states. Is it necessary. I hope what has been said on the first Head demonstrates that it is not. Is Necessity a proper plea in the Mouths of those who are to gain by that Plea. What did the Patriots of England think and say of such a Plea in the Days of Charles the II. I will not repeat what they said. What did the patriots of America say of this Plea in the Days of George the 3d. I need not repeat what they said. But it is perhaps convenient. Convenient for whom. for those who are to profit by it! So are Tender Laws to Debtors and the Violation of Treaties to some Individuals. But does this Convenience outweigh the Considerations for an adherence to sacred Obligations! AD (Historical Society of Pennsylvania)

SATURDAY, JUNE 30, 1787 JOHN DICKINSON: NOTES FOR A SPEECH

1 37

(III)

Is the most august Assembly upon Earth to declare to Mankind that Justice and Compact must give Way to partial Convenience, a pretended Necessity. To my poor judgment it appears, that this blending too much of Metaphysics with Politics. The inspired Apostle "All Things to thee are lawful but not convenient." He meant lawful things for the sake of others, but he must be a bold Metaphysician who reverse his rule and say that all things are lawful that are convenient. I think myself at least at liberty to conclude that they who reverse it cannot be inspired by the same spirit that he was. The lesser states will never resign their Dignity. It must be wrested from them by violence. Nor will they then be silent. They will appeal to the awful Tribunal of Mankind plead their Cause urge their Reasons. Impartial Mankind will decide upon the Question. Is this a Foundation for Empire. It is a copy of Caesar's favorite adage "si violandre" and worse than Caesar's for then every Thing tended to a Monarchy at Rome. worse than Romulus' fractricide for he was in a passion. What an Example to other Nations to our own Posterity. Punica fide. This will be an indelible stigma to our national Character. No individual in this Room no Example within these walls will be able to justify it. What a precedent. What a Doctrine for future Ambition to follow. We shall only be pioneers for succeeding Tyrants. If they follow our steps, they must obtain the summit of their Wishes. This Convenience or Necessity or whatever other Name is in fact but a Plan for the Aggrandizement of some states at the Expence of others. There is no other Convenience no other Necessity. Test of this. Throw all Governments and Territories into Common Stock and divide de novo. Then we shall have the Equity and Equality talked of not otherwise. Let not gentlemen think so meanly of the smaller states as to believe they will be contented while a beautiful sign of Equality is held out with one Hand but the substance taken away with the other. This is a mere Novelty an Experiment in Government. Humbly submit if not too costly too curious too useless too cruel. And how far it resembles those I have read of, where living Creatures have been cut up overnicely to examine the palpitation of their dying Hearts. Great Theatre Eyes of Europe and the World upon us Caution. We are settling General Principles. Let them be well founded. Great sentiments sagacious sages have in different Countries and Ages been employed also in forming other sets of General Principles. Have succeeded because they have established general Principles to which Mankind has paid an universal pleasing Homage because approved by the Understanding and dear to the Heart. Inculcating Liberty Benevolence Justice. These wise admired Instructors of the World have modestly cloathed their

SuPPLEMENT TO FARR>\.1'-iD'S RECORDS

138

Lessons in the Language of Fable. I beg leave to recite one of them. A Lamb AD (Historical Society of Pennsylvania)

jOHN DICKINSON: NOTES FOR A SPEECH (IV)

r. Policy What Guilt/ Justice Benefit of Union Passed & signed Policy Throw all into common stock & divide de novo. If old Things are to be done away let all Things be new. My Opinion allways the same and advocated the Cause of the small states when I had the Honor of representing Pennsylvania in the first Congress. I speak in a public Character. The general Sense of Mankind in forming Confederations between independent and sovereign states of the Justice of allowing equal Votes to each. In a Confederation no Danger from smaller states. Their interest is peace Protection Ballance. Their Condition teaches them the political Virtues of a Confederation suppresses the political Vices of a Confederation. It is situation in Individuals and Societies that prompts and inflames Passions pernicious to Mankind. A Sulla and a Cromwell had virtue enough to serve their Country till Ambition convinced and urged them to enslave it. Athens was regarded as a tutelary Angel by her Allies, till she found she could plunder them with Impunity. And even Britain was the Idol of these states till in the Dream of Insolence she flattered herself she could make them Drawers of Wood. These Truths therefore Reason teaches History confirms. States of Greece ruined by Contests between the powerful states of Sparta and Athens. The same Dissensions ruined the Achaian League. Germany and Danger from the House of Austria. Prussia raised up as a Ballance. Call for opposite Doctrine of Mr. M. I recollect not any Confederation destroyed by smaller states unless irritated by greater. Macedon called in to oppose Sparta. Denmark. What are the Causes of our Distress. Not the Votes of the smaller states. Mention Cases if any. No. The Want of greater powers in Congress and a better organized Government. What single Instance of the Interests of the greater States being injured by the interests or votes of the smaller states/ None. A Majority of states are large. They therefore may erect others of competent size to protect them from the dangerous Desires or daring Enterprises of their weaker Associates. The smaller states must of Necessity decrease in their Importance. They are content to dye a natural Death, for states as well as Men must dye. All they ask-and when I survey this Assembly I may say they ask with Confidence with utmost 2.

SATURDAY, JUNE 30, 1787

IJ9

affection-that they may not be put to death by their Brethren. One Empire was founded in [word undecipherable] by Romulus, but his Brother had provoked him by Insults. This a changeful World. This Consideration reminds me of some words I have read in a little Book: "And they said one to another, we are verily guilty concerning your Brother, in that we saw the Anguish of his soul, when he besought Us; and we would not hear: therefore is this Distress come upon Us. And Reuben answered them saying, spake I not unto You, saying, Do not sin against that Child; and you would not hear! therefore, behold also, his Blood is required." I look for better Things. Yesterday's Vote proves that instead of a Giant unwieldy slow heavy. A Father surrounded by a Family of hearty, affectionate strong sons [undecipherable phrase] attached to him and each other not by fear or servile dependance but by a generous tender participation of Blessings and a Reciprocity of Kindnesses and Advantages. If in every small state should arise a Caesar as brave as Alexander as artful as Hannibal and as infamous as Borgia he could not injure the greater. What is their Situation one at each Extremity Two others separated by a very powerful a very commercial State closely connected with her by Blood by Marriage by Friendship by every kind of Interest and almost wholly dependent upon her in Commerce. The supplyers of her Exports The Consumers of her Imports. From the first Moment of their Existence they have been thus connected to, I had almost said, devoted to her, constantly and cheerfully contributing to extend her fleets and to spread her sails upon the ocean. Unsuspecting and affectionate they rejoice in the Connections. The deare Ties not to be dissolved but by an imprudent and unneighbourly Attempt on her side to stab them to the Heart. She will then be esteemed by them as selfish in her politics, as she is just liberal and magnanimous in every other point of View. AD (Historical Society of Pennsylvania)

GEORGE WASHINGTON: DIARY

Saturday 30th Attended Convention. Dined with a Club at Springsbury-consisting of several associated families of the City-the Gentlemen of which meet every Saturday accompanied by the females of the families every other Saturday. This was the ladies day.

[JUNE?] GEORGE MASON: MEMORANDUM 1

At a time when our Government is approaching to Dissolution, when some of its Principals have been found utterly inadequate to the Purposes for which it was establish'd, & it is evident that without some material Alterations it can not much longer subsist, it must give real concern to every man who has his Country's Interest at Heart to find such a Difference of Sentiment & Opinion in an Assembly of the most respectable and confidential characters in America, appointed for the special purposes of revising and amending the federal Constitution, so as to obtain and preserve the important objects for which it was instituted-the protection Safety & Happiness of the people. The T reatys & Leagues & Confederacies between different sovereign independent powers have been urged as proofs in support of the propriety and Justice of the single & equal representation of each individual State in the American Union; & thence conclusions have been drawn that the People of these United States would refuse to adopt a Government founded more on an equal representation of the People themselves, than on the distinct representation of each separate individual State . . . . If the different States in our Union always had been as now run substantially & in reallity distinct sovereign & independent nations, this kind of reasoning would have great Force; but if the premises on which it is founded on mere Assumptions not ground on Facts or at best upon Facts to be found only upon a paper of yesterday, & even then contradictory to each other; no satisfactory conclusions can be drawn from them. DRAFT MonoN 2

The rst to be chosen by Numbers as per the reported resolution 2d by the Legislatures of the respective states not exceeding 3 persons from each State each attending member to have one voice 3d viz. Executive by the Members of both branches by way of Ballot AD (Dickinson Papers, Historical Society of Pennsylvania) 1. Not dated by Farrand but placed chronologically at the end of August (Farrand, 4:7 5-76). The memorandum must have been composed in June or early July, however, when representation in the legislature-the topic it addresses-was being actively debated. 2. In an unidentified hand.

SUNDAY, JULY r, q87

GEORGE WASHINGTON: DIARY

July. rst.

Dined and spent the evening at home.

LuTHER MARTIN TO NICHOLAS Low

Philadelphia July rst 1787 Sir: I procured a Judgment to be ordered up in your Suit on the Terms proposed at our last Court. The Gentleman who on your behalf employed me in the Suit informed me on a Judgment being obtained I should receive twenty Guineas as a fee for my Services. I have as yet received nothing, on the contrary have in the first Instance to answer to the Different Officers the Costs of prosecuting the Suit as you live out of the State of Maryland. I am at present attending the Convention in this City and shall be for a considerable Time. A Remittance to me in this City or a Draught on some your Correspondent here for the above Sum would be particularly acceptable as I never wanted it more. Your very humble Servant Luther Martin PHOTOSTAT (Maryland Historical Society)

MONDAY, JULY

2,

1787

JOHN LANSING: NOTES ON DEBATES

On Question for Equality of Suffrage-Massachusetts Pennsylvania Virginia North Carolina-South Carolina for Affirmative and Connecticut New York New Jersey Deleware and Maryland Negative. Georgia divided. C. Pinkney-He is one of those who believes that if Proportion is adjusted in both Branches as in first it will operate in the Mode stated by Minority. North Carolina South Carolina and Georgia have Interests different from great States-their Staples are Indigo and Rice.-Must make a Compromise so as to preserve all. Proposes 4 Classes-States to have from one to four Votes. G. Morris-2nd Branch is Check on the first-to correct Precipitancy, Changeableness and Excess-all these have marked Acts of Congress-2nd Branch must be Men of great Property-composed of those Men who are disposed to lord it over the Rest.-We ought to contrive that Men of established Property should fill it-they must be chosen for Life-Aristocracy should keep down Democracy.-It is objected they will immediately do wrong-he believes so-he hopes so-that will form Ballance.they ought not to be paid they will pay themselves. The Executive should fill second Branch. If our Establishments are good they must be supported and will take a proper Direction-If the State Governments have Distribution of Loaves and Fishes the general Government cannot prevail-You must give them Disposition of Offices and Baubles- The Senatorship will operate as a Lure. Governor Randolph-Warmth has formed a Barrier to Conviction-A Security may be offered to smaller States-Executive may correct it by giving him additional Powers-Give second Branch an Equality of Vote in his Election-in Distribution of Offices and in determining on Impeachments-the Executive will be oblidged to interpose in Favor of 2d Branch. If however every Attempt to make a general Confederation is inefficient it would influence him to seek elsewhere. Some desultory Conversation then took Place the Result of which was the Appointment of a Committee of a Member from each State to try to

MONDAY, JULY

2,

1787

I43

settle Representation-the Committee balloted for consisted of Gerry, Elseworth, Yates, Patterson, Franklin, Martin, Bedford, Mason, Davie, Rutlege and Baldwin. Adjourned till Thursday 5th July. GEORGE WASHINGTON: DIARY

Monday. 2d. Attended Convention. Dined with some of the Members of Convention at the Indian Queen. Drank Tea at Mr. Binghams, and walked afterwards in the state house yard. Set this Morning for Mr. Pine who wanted to correct his portrt. of me. WILLIAM PATERSON TO EUPHEMIA PATERSON

Philada., 2d July, 1787 The Burlington court did not continue as long as I expected. I arrived here on Friday last, about ro o'clock at night. This letter will be handed to you by the Gov'r [Livingston], who will set out tomorrow. It is impossible to say when the Convention will rise; much remains to be done, and the work is full of labour and difficulty. ALS (Rutgers University)

TUESDAY, JULY 3, 1787

GEORGE WASHINGTON: DIARY

Tuesday. 3d. Sat before the meeting of the Convention for Mr. Peale who wanted my picture to make a print or Metzotinto by. Dined at Mr. Morris's and drank Tea at Mr. Powells-after which, in Company with him, I attended the Agricultural Society at Carpenters Hall.

RICHARD DOBBS SPAIGHT TO JOHN GRAY BLOUNT

Philadelphia 3 July 1787 Dear Sir, I have twice wrote to you on the subject of receiving for me and remitting to me two months salary which the deputies have wrote to the Governor to advance to them, but have not had the pleasure of receiving any answer to them: I shall however rely upon your friendship in this instance, and depend upon the remittance being made by you. Indeed if you do not undertake it I know not to Whom to apply. The time which I expected to stay here is already elapsed and as I did not provide for a longer stay, my cash is already expended. Judge then my situation should I receive no further supplies. Your Brother left this yesterday morning for New-York, from whence he will return in eight or nine days. It is still uncertain when the Convention will rise. You will much oblige me by forwarding the inclosed to Jacob Johnston. I am with Regard Yours Sincerely Richd. Dobbs Spaight. ALS (North Carolina Division of Archives and History)

144

WEDNESDAY, JULY 4, q87

GEORGE WASHINGTON: DIARY

Wednesday 4th. Visited Doctr. Shovats Anatomical figures and (the Convention having adjourned for the purpose) went to hear an Oration on the anniversary of Independance delivered by a Mr. Mitchell, a student of Law 1-After which I dined with the State Society of the Cincinnati at Epplees Tavern and drank Tea at Mr. Powells. MARY

NoRRis T O - - -

Philada. July 4th. 1787 I am very Sorry to hear Cousin Dickinson continues so very poorly, such constant daily attendance at the Convention was too fatueging for his Constitution at this Season of the Year, but Rest & quiet I hope will soon restore his health. Farrand, 4:67

MARY BUTLER TO THOMAS BUTLER

New York July 4th 1787 . Your Papa I left ten days since at Philadelphia. My health was so bad that I could not support the excessive heat of that Climate, and was obliged to come to a more temperate one . . . . Your Papa being a Member of the Federal Convention, that have met at Philadelphia, obliges him to remain there; although He has suffer'd in his health extremely .. PHOTOCOPY (British Library, Additional Manuscripts, 16603)

1. "Wednesday next being the Anniversary of Independence, Race Street Church has been procur'd for the Delivery of an annual Oration. I am desired to open the Performance by Prayer, the whole will be rendered agreeable by frequent Flights of Music, vocal and Instrumental. We go in Procession from the State House, honor'd by the Company of the Convention and Executive Council" (William Rogers to Enos Hitchcock, June 27, 1787, Rhode Island Historical Society).

145

THURSDAY, JULY 5, 1787

RoBERT YATES: NoTES ON DEBATES, AS PRINTED BY GENET'

Met pursuant to adjournment. The report of the committee was read. Mr. Gorham. I call for an explanation of the principles on which it is grounded. Mr. Gerry, the chairman, explained the principles. Mr. Martin. The one representation is proposed as an expedient for the adoption of the other. Mr. Wilson. The committee has exceeded their powers. Mr. Martin proposed to take the question on the whole of the report. Mr. Wilson. I do not chuse to take a leap in the dark. I have a right to call for a division of the question on each distinct proposition. Mr. Madison. I restrain myself from animadverting on the report, from the respect I bear to the members of the committee. But I must confess I see nothing of concession in it. The originating money bills is no concession on the part of the smaller states, for if seven states in the second branch should want such a bill, their interest in the first branch will prevail to bring it forward-it is nothing more than a nominal privilege. The second branch, small in number, and well connected, will ever prevail. The power of regulating trade, imposts, treaties, &c. are more essential to the community than raising money, and no provision is made for those in the report-We are driven to an unhappy dilemma. Two thirds of the inhabitants of the union are to please the remaining one third by sacrificing their essential rights. When we satisfy the majority of the people in securing their rights, we have nothing to fear; in any other way, every thing. The smaller states, I hope will at last see their true and real interest-And I hope that the warmth of the gentleman from Delaware will never induce him to yield to his own suggestion of seeking for foreign aid. 1. For the significance of this and the following document, see the introduction to this volume.

THURSDAY, JULY 5, 1787

147

RoBERT YATES: NoTES oN DEBATES, AS CoPIED BY LANSING

Thursday July 5. Mr. Gorham. Mr. Gerry. Mr. Martin. Mr. Wilson. Mr. Martin Mr. Wilson.

Madison.

Mr. Butler.

G. Morris.

Met pursuant to adjournment. Report of the Committee Read. Calls for an Explanation. Explains the principle of it. But they want their powers, in determining the original money bills. The one Expedient is on Condition of an adoption of the 2d. The Committee gone beyond their powers. proposes to take the question on the whole. A Leap in the dark. Right to call for a division of the question, hopes we shall take the Senti [ ment] s on each dist[inct] prop[osal]. Restrained from animadverting on them from the Respect of the Committee. Made from a view to an accommodation. He sees nothing of concession in it, the orig [inating] Bills. If seven States in the second, want a bill-cant they prevail on the other of originating such a Bill. Exp [erience] in Vi [rginia] and S [outh] C[arolina]. it has no effect. no more than a nominal priviledge. 2 Branch small in number connected with each other, and will prevail. power of regulating Trade impost Treaties etc. no provisions made, and greater powers, than raising money. Drove to the dilemma to please I/3 to the detriment of the 2/ 3 of the people-with the Majority we have nothing to fear, the other way everything. The small states may at last see the true interest. The warmth of Delaware will ever yield to his suggestion of foreign Connections. And Jersey will upon reflection will also yield. Rather a report or plan of 3 or 4 States or even an anonymous[/] production than the present [1]. The op [inion] of the Com [ mittee] will be regulated by the wisdom of the plan. To take up the whole in toto. It will be hard tasklose time. Moves whether we shall agree to it as wrote. Respect for the Committee. Extraordinary that propositions without amendment. We come here as Rep [resentatives] of America, nay even human

148

SUPPLEMENT TO FARRAND'S RECORDS

Mr. Bedford.

Judge Elsworth. Rutlegde. Mr. Paterson.

Race. ought to extend our Views beyond the Moment of the day. Appears as Ambas[sador] to make a sort of bargain or truck. Opinion of the people rather a figure of Rethoric than a serious assertion. The small and greater states rather imaginary. suppose the smaller states do not accede. make all the Int[erest] in their states as much as they could. Example of N. Jersey would be disposed to follow Penn and N. York. [one word indecipherable J they persist. It must be united. If persuasion wont-the sword must. Look on it with horror. What is here a difference of opinion may end in Contrav [ersy] and even blood. Foreign interference he thinks probable. What the horrors of it in[?] a patriotic bosom. Returns to the report. 2d. Branch cannot answer the End proposed. Will in Event[?] in war and an annihilation of the G[eneral] G[overnment]. Congress can recommend but cant enforce obedience. The Senate thus organized would take part with the state. Germany. Aulic Council. Suppose R[hode] I [island] and Vir [ginia] cast one vote-Source of dispute. vote different. The great State will say you have the Con [rest of word indecipherable] for Children Childrens to form our nation? to overturn the inequality of the states is impractical but we may allay the sting. Why persist in the distinct [ion] of states. May add to a [one word indecipherable J everything the rst branch to controul everything. Nothing can be made right to the conviction being right. To explain himself-Did not mean a wish to call foreign assistance. But if the larger states dissolved the Contract. Breach of faith. Those powers would take us by the hand. not wished by the smaller. professional habits and his own feelings. Plan are Accomodation [ i]. The small states like the preservation of the G[eneral] G[overnment] was to be preserved.

Warmth tends not to recom[mend] conviction-nor

THURSDAY, JULY 5, 1787

Mr. Mason.

Mr. Butler.

G. Morris

Mr. Butler. G. Morris.

Mr. Gorham

149

will the sword or Bayonet do it. The manner of the Gentlemen [I] of Pennsylvania and Virginia have given cause of the Alarm. The report recommending[?] no more, in order to see whether it could not be the basis of our accomodation. shews how the question of Representation was agitated in Convention. Some Gent[lemen) will appeal to the world at larger rather agree. If an agreement could be made, he would stay till he was burryed here. Against both propositions as they stand-property not represented Taxation and representation ought to go together-if otherwise suppose they tax away my property and wander like a Tartar, with Liberty indeed, but a baggor. Rather would not have a second Branch. Thinks property ought to have weight-Liberty most enjoyed by the savages-Numbers will amuse the Logycian and Matephysician but not reducable to practice. Holland grumbling, because she has only one vote and pays one half of the Expence. Is for defining the number of votes for each state in perpetuity. It is better for small States. R.I. now one of 7 5. would she not agree to this rather than have 7 57 votes against it. Has no obj [ection] to the Motion of SC provided the property could be ascertained. It cannot be done by any way. In past. partial.

jOHN LANSING: NOTES ON DEBATES

Mr. Gerry reports from Committee that each State shall have a Vote in zd Branch, provided it is generally agreed that every 40,000 shall send one Member in the first. Money Bills to originate exclusively in lower House. Sherman-as we are pretty equally divided, it is best to put Question on the whole. Wilson-We are not to be misled by Sounds-there is no equal Division-More than zlyis of one Sentiment. Madison-Altho' the House was equally divided on the 2nd Branchon the first there was a considerable Majority for departing from Equal-

I

50

SUPPLEMENT TO FARRAND'S RECORDS

ity-All the Concessions are on one Side-We are reduced to the Alternative of displeasing Minority or Majority-by deciding for the latter we have Nothing to fear-the former every Thing.-He would rather have a System received by three or four States than none. G. Morris-If the smaller States persist, if Argument is unavailing, the Sword will determine it.-To overturn the States is impracticablebut you may extract the Teeth of the Serpents.-We have been too warm. Bedford-He has been warm-that not owing to a Want of Respectbut while he acknowledges that he was apparently warm, he cannot help remarking that he has Reason to be so--The Language of Intemperance is by no Means peculiar to himself-Gentlemen have threatened in Terms very indelicate, tho' they have generally moderated their Voices when they did so. One Gentleman has declared the smaller States must agree another that two-thirds ought to give the Law and a third has pointedly declared that Force must be used-Do those Gentlemen suppose that Sentiments of that Kind can produce any other Effect than a Smile-they are mistaken if they do; we know their Language is calculated to make Impressions in favor of their System-but it cannot have that Effect-We know the States who have Recourse to it are impotent. Patterson-same Sentiments differently expressed. Rutlege moves that Representation in the first Branch be in proportion to Contribution. Butler seconds it-You may either take this Rule or whole Number of Whites and Slaves. Adjourned till to Morrow. JoHN RuTLEDGE: MoTION

Proposition by Mr. Rutledge That the Sufrages of the several States be regulated and proportioned according to the sums to be payd towards Revenue, by the Inhabitants of each state respectively. That an apportionment of suffrages according to the ratio aforesaid shall be made and regulated at the End o f - - Years from the first meeting of the Legislature of the U.S. and so from time to time at the end of every - - Years thereafter but that for the present and untill the end r st above mentioned Delaware shall have one suffrage. PHOTOSTAT' (Library of Congress)

PIERCE BuTLER: NoTEs ON DEBATEs

Maddison. By giving Negative to the 2d Branch they will finally govern the Republick. 2.

In the Pierce Butler papers in Pierce Butler's hand.

THURSDAY, JULY 5, 1787

I

5I

GEORGE WASHINGTON: DIARY

Thursday 5th. Attended Convention. Dined at Mr. Morris's and drank Tea there. Spent the evening also. NATHAN DANE To

RuFUs

KING

NewYorkJuly 51787

... It seems to be agreed here that the Virginia plan was admitted to come upon the floor of investigation, by way of experiment, and with a few yieldings on this point and that keeps its ground at present. The contents of this plan was known to some, I believe, before the convention met .. ALS (New-York Historical Society)

FRIDAY, JULY 6, 1787

JOHN LANSING: NOTES ON DEBATES

After a Repetition of Sentiments frequently urged before by several Gentlemen it was agreed on Motion of Mr. G. Morris to refer the first Proposition in Report of Committee to a Committee of five-The Motion was carried 9 States against 2. Committee appointed consisting of Mr. Gorham, Mr. Randolph, G. Morris, Rutlege and King. Adjourned till to Morrow. N.B. Before the Appointment of the Committee Question was put on Part of Report which had in Object confering the exclusive Right of originating Money Bills in first Branch. On which Question there were five Ayes, three Noes-and 3 States divided-New York Massachusetts and Georgia divided. A Dispute arose whether it was carried in Affirmative-Some Debate on Subject-postponed.

GEORGE WASHINGTON: DIARY

Friday 6th. Sat for Mr. Peale in the Morning. Attended Convention. Dined at the City Tavern with some members of Convention and spent the evening at my lodgings.

ABRAHAM BALDWIN TO JoEL BARLOW

July 6, I787 Dear Sir ... The conjectures of people on the great political subjects now before the convention are very various and not a little amusing. So many forms of government I believe never were contrived before. They are floating about here in all directions like Spectators worlds some half-finished some a quarter the great part but just begun-meer political tadpoles. I am now sitting in the big room. Your old acquaintance Governeur Morris is now speaking. They call off my attention so often I know not what I have written. Anything to the purpose I am not permitted to tell you, and therefore it is I have been talking so long to no purpose. The I

52

FRIDAY, JULY 6, q87

I

53

connection is of not so much importance when one is talking nonsense, as you probably know by experience. I send you enclosed the newspaper of the day to let you see that every body has as barren a paper today as yourself. Lean fare we have had for some time. Some of our cooks are for making rich sauces and I think if they had their way we should have a plenty of red goose. ALS (Yale University)

SATURDAY, JULY 7, 1787

joHN LANSING: NoTES oN DEBATES

Question whether the last Question was carried in Affirmative. 9 Ayes2 Noes. Equality of Suffrage.-After some Debate in which Nothing new was offered the Question was put and carried-6 Ayes-3 Noes-2 divided. Ayes-Connecticut-New York-New Jersey-Delaware-Maryland and North Carolina. Noes-Pennsylvania-Virginia and South CarolinaDivided-Massachusetts and Georgia. Adjourned till Monday next.

GEORGE WASHINGTON: DIARY

Saturday 7th. Attended Convention. Dined with the Club at Springsbury and drank Tea at Mr. Meridiths.

WILLIAM jACKSON TO WILLIAM RAWLE

Philadelphia July 7 1787 Sir In obedience to a vote of the Convention, I do myself the honour to request that you will be pleased to communicate the thanks of that honourable Body to the Directors of the Library Company of Philadelphia for their polite attention, expressed in the resolve, which your letter enclosed to His Excellency the President. 1 1. Rawle wrote Washington, July 6, 1787, enclosing a resolve of the directors of the Library Company of Philadelphia, July 5, 1787, offering members of the Convention borrowing privileges (Farrand, 1:548). Some members abused the privileges. On October 2, q88, the directors noted that Luther Martin had not returned "Jones' Asiatic Poems"; as late as March 5, 1789, Rufus King had not returned "Grosse's Voyages, 2 vols. and Andrews' letters on France." Both delegates blamed their servants for neglecting to return the books and offered restitution (Library Company, minutes, October 2, q88; March 5, 1789).

I

54

SATURDAY, JULY 7, 1787

155

I have the honor to be, very respectfully, Sir, your obedient humble Servant W. Jackson Secretary ALS (Library Company of Philadelphia)

SUNDAY, JULY 8, 1787

GEORGE WASHINGTON: DIARY

Sunday 8th. About r 2 Oclock rid to Doctr. Logans near German town where I dined. 1 Returned in the evening and drank Tea at Mr. Morris's.

1. "He came with his friend Daniel Jennifer Esq. of Maryland and passed a day at Stenton in the most social and friendly manner imaginable, delighted with the fine Grassland and beautiful experiments with Gypsum and other subjects of rural economy which Dr. Logan had then to shew" (biographical memoir of Dr. George Logan, Historical Society of Pennsylvania).

MONDAY, JULY 9, 1787

jOHN LANSING: NOTES ON DEBATES

The Committee of five reported the following Apportionment of Representation in first Branch of Legislature for first Meeting consisting of 56 Viz. New Hampshire .......... 2 Deleware .................... I Massachusetts ............. 7 Maryland ................... 4 Rhode Island . . . . . . . . . . . . . . I Pennsylvania ................ 8 Connecticut . . . . . . . . . . . . . . . 4 Virginia ..................... 9 North Carolina .............. 5 New York ................ 5 New Jersey ............... 3 South Carolina . . . . . . . . . . . . . . 5 Georgia ..................... 2 The Rule of Adjustment was required to be explained-It was answered it was a combined Ratio of Numbers and Property. This was postponed to take up the subsequent Part of Report in these Words"But as the present Situation of the States may probably alter as well in point of Wealth as in the Number of Inhabitants that the Legislature be authorized from Time to Time to augment the Number of Representatives and in Case any of the States shall hereafter be divided or any two or more States united or any new States created within the Limits of the United States the Legislature shall possess authority to regulate the Number of Representatives in any of the foregoing Cases upon the Principles of their Wealth and Number of Inhabitants." Question-9 Ayes-2 Noes-New York No. It was then moved to refer the Apportionment of Representation to a Committee of I I .-a Member from each State. Agreed to and Committee appointed accordingly. Adjourned till to Morrow. joHN DICKINSON: NoTES FOR A SPEECH

(I) 1

Contemplate the Increase of the Empire Proportion from Numbers is allmost universally the best Rule but our peculiar Circumstances render it imperfect if not unsafe. 1. This and the following document were apparently portions of a speech (or speeches) Dickinson intended to deliver during the period July 9-14, when the representation of the west and of slaves in the House of Representatives was under consideration.

I

57

158

SUPPLEMENT TO FARRAND'S RECORDS

I 6 or I7 new States will arise if We have not introduced all the southern states. Pennsylvania New York Massachusetts will most probably be subdivided. The old parts of these states will contribute greatly more to public uses. Is each new state instantly to start into an Equality of power by its Numbers only! The Inhabitants will undoubtedly be very numerous but poor in Comparison with the others. They will contribute little or Nothing. The Laws will be slighted. They will be broken and yet they will have and exercise a Right of legislating for the older states. The best Philosophy is drawn from Experiments The best Policy from Experience. I know of late where the utmost Frugality was practiced while the Members of Assembly were chosen in some proportion to the Taxes of each County. When Numbers were admitted as the principle the very Reverse took Place. The Members from Counties that paid little or Nothing disposed of the whole Property of the State. No State ever to exceed the proportion of 20 to I to the smallest. The present proportion to be established. Every new state to be put on the same footing with the smallest then Contributions to determine provided.

jOHN DICKINSON: NoTES FOR A SPEECH

(II)

Acting before the World What will be said of this new principle of founding a Right to govern Freemen on a power derived from Slaves in preference to other property themselves incapable of governing yet giving to others what they have not. The omitting the Word will be regarded as an Endeavour to conceal a principle of which we are ashamed. Every Importation of Slaves will increase the power of the state over others. This principle I wish to avoid. A Calculation of the Value of Property I acknowledge to be impractical. Why not admit actual Contribution as the Rule. Objection from Massachusetts. Is it to be taken for granted that no other Imposition is to be laid by the national Legislature. It is next to impossible. England and Holland with their vast Commerce and their Imposts and Excises have land taxes. Tis true their Laws extend to the Affairs and Expenses of the whole Nation. Here divided with the particular Legislatures but this national Legislature will certainly comprehend especially in Time allmost the whole Expenses of the Nation. The rest will be but a Drop in the Bucket. National Debt and arrears of Expenses committees Proposition Objection from Massachusetts holds not in that Case if even Imposts and Excises were to be computed, yet the Inconvenience apprehended might be totally removed by a provision that the Representation of no state should rise beyond a certain proportion to its Neighbors.

MONDAY, JULY 9, 1787

I

59

Emotion shall submit Half a Slave if adopted Ruinous to the whole system. Former jointments the same. 3 arguments only used. I. Equality of Representation 2. England and Holland. 3. Resolution of Sept. I 77 4· As to the first. It subtracts the only Reason on which our Objection is founded. Attention to Interests of particular states. Dependencies not parts. Government of Republics over their Dependencies. As to second they are selected by the same King equal to all his subjects. Despotism will be thought better than such a Dominion of fellow Citizens. As to the 3 absolutely perpetually confirmed afterwards by the Confederation. Having endeavoured to remove these Objections I now pass to the Consideration of the System on Policy and Justice.

GEORGE WASHINGTON: DIARY

Monday 9th. Sat in the Morning for Mr. Peale. Attended Convention. Dined at Mr. Morris's & accompanied Mrs. Morris to Doctr. Redmans 3 Miles in the Country where we drank Tea and returned.

TUESDAY, JULY ro, r787 1 CHARLES CoTESWORTH PINCKNEY: NoTES

The Numbers in the United States being supposed to be 2,soo,ooo, the proportions or numbers from the States are supposed to be as follows-

The Numbers in the United States. Those marked with an Asterisk are from actual Numeration, the others from Calculation, including three fifths of the Negroes

Number of Representatives alotted to the states New Hampshire ....................... 97,847 Massachusetts ......................... 374,045 Rhode Island ........................... 53,863 Connecticutt .......................... 220, r 52 New York ............................ 213,739 New Jersey ........................... I38,930 Pennsylvania .......................... 341,983 Delaware .............................. 37,405 Maryland ............................. 23 5, 864 Virginia .............................. 427,474 North Carolina . . . . . . . . . . . . . . . . . . . . . . . . I 8 I, 6 55 South Carolina ......................... 93,643 Georgia ................................ 27,060

New Hampshire" ............ 102,000 3 8 Massachusetts" ............... 360,000 Rhode Island" ................ 58,ooo 5 Connecticutt" ................ 202,000 6 New York" .................. 238,000 4 New Jersey" ................. I38,ooo 8 Pennsylvania" ................ 360,000 Delaware" . . . . . . . . . . . . . . . . . . . . 3 7,000 6 Maryland" ................... 2r8,ooo IO Virginia .................... 420,000 5 North Carolina ............... 200,000 South Carolina . . . . . . . . . . . . . . . I 50,000 ...... 5 Georgia ....................... 90,000 ...... 3

2,573,000 Endorsed: An Account of the Numbers in the United States

Negroes 80,000 280,000 6o,ooo 8o,ooo 20,000

65 Three fifths of these are included in the first Numbers

AD (Library of Congress) I. This and the following document were generated by the debates of early July on the apportionment of representation in the "first

branch" of the legislature. July IO, I :572-74.

Farrand prints similar documents at

TUESDAY, JULY PIERCE BuTLER:

10,

1787

NoTES

New Hampshire . . . . . . . . . . . . Massachusetts . . . . . . . . . . . . . . . R. Island . . . . . . . . . . . . . . . . . . . Connecticut . . . . . . . . . . . . . . . . . New York . . . . . . . . . . . . . . . . . . New Jersey . . . . . . . . . . . . . . . . . Pensylvania . . . . . . . . . . . . . . . . . Delaware . . . . . . . . . . . . . . . . . . . Maryland . . . . . . . . . . . . . . . . . . . Virginia .................... North Carolina .............. So. Carolina . . . . . . . . . . . . . . . . Georgia .....................

2 7 I 4

5 3 8 I 4 9

............ 3 ............ 8 ........... . ............ 5 ............ 6 ............ 4 ............ 8 ............ I ............ 6 ............ 10.

5 ............ 5

5 ............ 5 2 . . . . . . . . . . . . 3•

•This principle is grounded, I am told on the followingThe number of white Inhabitants in the U.S. supposed to be 2,5oo,ooo-the proportions alloted to Each State will be as follows New Hampshire . . . . . . 97,847 Massachusets .......... 374,045 Rhode Island . . . . . . . . . . 53,863 Connecticut . . . . . . . . . . . 220, 1 52 New York ............ 213,739 New Jersey ........... 138,930 Pensylvania ........... 34I ,983 Maryland ............. 235 864 Virginia ............... 427 474 N. Carolina ........... 181 655 Georgia............... 27,060

Returnd from Actual Numeration Vidzt. N. Hampshire ........ I02 000 Massachusets .......... 353,000 Connecticut ........... 202,000 New York ............ 238,000 New Jersey . . . . . . . . . . . 140,000 Pensylvania .......... . Delaware . . . . . . . . . . . . . 40,000 Maryland ............. 218,000 Virginia Supposd . . . . . . 400,000 No. Carolina .......... 250,000 So. Carolina .......... 170,oo0 I suppose Negroes are included in the last 3 states

Representation as fixd by the Convention in the proportion of one Member in the House of Representatives to 35 ,ooo-the Blacks reckend at the rate of 3/5ths.

r62

SUPPLEMENT TO FARRAND'S RECORDS

New Hampshire 102 000 Massachusetts ... 352 000 R. Island ................. . Connecticut . . . . . . . . . . . . . . . . N. York ................... Jersey . . . . . . . . . . . . . . . . . . . . . . Pennsylvania . . . . . . . . . . . . . . .

3 8

5 6 4 8 35.

Delaware ..... . Maryland . . . . . 6 Virginia . . . . . . . ro No. Carolina . . 5 So. Carolina . . . 5 Georgia . . . . . . . 3

30 total

65.

PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Tuesday. roth. Attended Convention. Dined at Mr. Morris's. Drank Tea at Mr. Binghams & went to the Play.

WEDNESDAY, JULY

I I,

1787

GEORGE WASHINGTON: DIARY

Wednesday I Ith Attended Convention. Dined at Mr. Morris's and spent the evening there. RUFUS KING TO HENRY KNOX

Philadelphia I I July 1787 I wish it was in my power to inform you that we had progressed a single step since you left us-I say progressed; this expression must be defined by my own political Creed, which you are very well acquainted with-I can form no conjecture of the Report, or separation, of the conventionIf I had returned to N-Yk with you or with our very able and segacious Friend Hamilton, I should have escaped much Vexation, enjoyed much pleasure and have gratified the earnest wishes & desires of Mrs. KingFarrand, 4:6S. RuFus KING To NATHAN DANE

Philadelphia I r July 1787 Dear Sir I Thank you for your letter by Monday's post. The period of the Convention is as uncertain as when they first assembled. I hope they will agree in some just and reasonable reform of the Articles of Union. But you are too well acquainted with the situation of our Country not to be sensible that there are a variety of considerations which will operate against an unanimity in the Opinions of the Delegates of the several states. Perhaps however they may unite in their Judgments. ALS (New England Historic Genealogical Society) WILLIAM PATERSON TO EuPHEMIA PATERSON

Philada. II July, 1787 My dear Affa. The Heat here is and has been intense. Philada. is, I think, the warmest Place I have been in .. ALS (Rutgers University)

THURSDAY, JULY r2, q87

ELBRIDGE GERRY: DRAFT MoTION 1

That in the original Formation of the Legislature of the U.S. the first branch thereof shall consist of 65 Members-of which Number

NH shall have M

3 8

R Con N York

NJ Penn D

5 6 4 8

M

6

V

IO

sc

NC

5 5

G

3

But as the present Situation of the States may probably alter as well in point of Wealth as in the Number of their Inhabitants that the Legislature be authorized from Time to Time to augment the Number of Representatives and in Case any of the States shall hereafter be divided or any two or more States united, or any new State created within the Limits of the U.S. the Legislature shall possess authority to regulate the Number of Representatives in any of the foregoing Cases upon the princi pie of Wealth and Number of Inhabitants. Provided always that Representation ought to be proportioned according 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 Resolved that a Census be taken with [indecipherable word] six years from the first 1. This document must have been prepared by Gerry in his capacity as chairman of the "grand committee," appointed on July 2, to consider the problem of representation in the legislature. It is a combination of portions of committee reports of July 9 and ro and of James Wilson's motion of July 12, as amended on that date. The document cannot have been written after July 13, because it contains phrases-apportionment based on "wealth"-which the Convention deleted on that day (Farrand, I :557, 563, 590, 599.

603, 6o6).

r6s

THURSDAY, JULY 12, 1787

Meeting of the Legislature of the U. States, and once within the term of every r o years afterward of all the Inhabitants of the U. States in the Manner and according to the ratio recommended by Congress in their Resolution of Ap. r8 1783 and that the Legislature of the U.S. proportion the direct Taxation accordingly. AD (Sang Collection, Southern Illinois University)

EDMUND RANDOLPH TO BEVERLEY RANDOLPH

July 12 1787 Sir The deputation here have desired me to obtain a further sum of money. I have accordingly drawn for an hundred pounds; which the executive will oblige us by paying. I beg leave to enclose my own account. It contains an article charge without authority, but arising from circumstances, which I could not avoid. A Cherokee chief came hither under the conduct of an interpreter, who urged me to send a talk and a present. I could not refuse the one the other and conceived that a silver pipe with some symbols of Virginia and Cherokee friendship, would be an ornament to the townhouse of the Indians, and a small medal would conciliate the chief, who visited me. I do not, however, wish that the entertainment should be paid for by the public, unless the fullest propriety should dictate the measure. If it should not appear to be perfectly allowable, I hope that there will not be the least hesitation in rejecting it; as I consider myself wholly unauthorized to make such a present. Mr. Wythe left fifty pounds with us, of which an account will be rendered by us. I have the honor sir to be with great respect yr. mo. ob. serv. Edm. Randolph Dr. Edm. Randolph !787 May to cash June to cash to Mrs. R

To the commonwealth of Virginia

£roo

so £rso

Cr. By attendance on the convention, together with travelling expenses from the 6th of May inclusive to 19th July inclusive, being 74 days at 6 dollars per day, which are equal to 144 dollars which are equal to . . . . £133. 4

r66

SUPPLEMENT TO FARRAND'S RECORDS

By cash paid for a silver medal and a silver pipe for the Cherokees £II. 6. 6. Penna. Cy.

£9. 9· 3 £142. 13. 3 ALS (Virginia State Library)

GEORGE WASHINGTON: DIARY

Thursday r2th. In Convention. Dined at Mr. Morris's & drank Tea with Mrs. Livingston.

FRIDAY, JULY 13, 1787

GEORGE WASHINGTON: DIARY

Friday 13th. Morris's.

In Convention, drank Tea, & Spent the Evening at Mr.

jONATHAN DAYTON TO WILLIAM LIVINGSTON

Philadelphia July 13th 1787 Sir I have the mortification to inform your Excellency that, altho' we have been daily in Convention, we have not made the least progress in the business since you left us. It is unnecessary and would perhaps be improper, to relate here the causes of this delay. They will very readily occur to your Excellency from your knowledge of them heretofore. I must request that your excellency will be pleased agreably to the arrangement made at parting, to return to this place on Tuesday or Wednesday next at the farthest. Mr. Paterson must leave this town the first day of August, and I must consequently be here to relieve him the last day of this month, let my stay at home be ever so short. I shall therefore at best have ten days. I have the honor to be Your Excellency's most obedient very humble servant Jonathan Dayton ALS (Massachusetts Historical Society)

FARRAND: NoTE ON CoNVENTION SITE

Robert P. Reeder, in a footnote to a paper "The First Homes of the Supreme Court of the United States" published in the Proceedings of the American Philosophical Society, LXXVI, 567-68 (n. I36), commented upon this quotation from Watson's Annals. 1 "The passage was 1. The passage, quoted by Farrand (3:59 n.), reads: "The Convention which met to form the Constitution of the United States, met up stairs, and at the same time the street pavement along Chestnut Street was coverd with earth to silence the rattling of wheels."

I68

SUPPLEMENT TO FARRAND'S RECORDS

in the I843 edition of Watson, I, 402, but not in the I830 edition. The statement of an unnamed person so long after the event carries but limited weight." Mr. Reeder then adds the following important information: "On the other hand, the Columbian Magazine for July, 1787, said that the sessions were held 'in the same hall which enclosed the patriots who framed the Declaration of Independence.' The Diary of Jacob Hiltzheimer, a member of the General Assembly, for September 5, said the Convention had been meeting downstairs and that the Assembly, which had been in recess, would meet upstairs. 2 The Minutes of the Assembly for that date appear to make the same statement. Madison's Debates for September I 7 quotes a remark by Franklin about looking often at a carving on the President's chair which appears to show that from time to time through the Convention he had been looking at the chair in which Washington sat on September I7. Mease, A Picture of Philadelphia (I 8 I I), 3 r 9, says that the Convention sat in the east room on the first floor. It thus seems probable that the Convention met downstairs usually if not always, although it is possible that when the Assembly was not in session the choice of the Convention as to its meetingplace depended upon whether it gave more weight to the accessibility of the lower room and the associations connected with it or to the desire for the utmost secrecy at some stages of its proceedings. Secrecy may have been more desirable in June and July than it was later on. Yet we must remember that during the war, when there was some need for secrecy, the Congress sat downstairs and the Assembly upstairs. It is also possible that the use of the courtroom in July, 1787, when Cutler was in Philadelphia, made it desirable for the Convention to sit upstairs while the court was in session." Farrand, 4:68-69

2. "Met the Assembly at the State House in the Lower room, and adjourned to meet tomorrow half past 9 oClock in the upper room, Leaving the Lower room as before to the Gentlemen of the Convention" Gacob Hiltzheimer, diary, American Philosophical Society; September 5, 1787).

SATURDAY, JULY 14, 1787

GEORGE WASHINGTON: DIARY

Saturday. 14th. In Convention. Dined at Springsbury with the Club and went to the play in the Afternoon. RicHARD HENRY LEE To FRANcrs LIGHTFOOT LEE

NewYorkJuly 14th, 1787. I found the Convention at Phila. very busy and very secret. it would seem however, from variety of circumstances that we shall hear of a Government not unlike the B. Constitution, that is, an Executive with 2 branches composing a federal Legislature and possessing adequate Tone. Farrand, 4:70

SUNDAY, JULY IS, 1787

GEORGE WASHINGTON: DIARY

Sunday I sth.

Dined at Mr. Morris's & remaind. at home all day.

qo

MONDAY, JULY r6, q87

GEORGE WASHINGTON: DIARY

Monday 16th. In Convention. Dined at Mr. Morris's and drank Tea with Mrs. Powell.

TUESDAY, JULY q, q87

GEORGE WASHINGTON: DIARY

Tuesday 17th. In Convention. Dined at Mrs. Houses, and made an excursion with a party for Tea to Grays Ferry. 1

WILLIAM PATERSON TO EUPHEMIA PATERSON

Phila. July 17th 1787 I expect to be with you on or about the first of next month and hope that I shall not be under the necessity of returning. The business is difficult and unavoidably takes up much time, but I think we shall eventually agree upon and adopt a system that will give strength and harmony to the Union and render us a great and happy people. This is the wish of every good, and the interest of every wise man.

1. Jacob Hiltzheimer reported that on this day he went "in the afternoon . . . to Mr. Gray's ferry, where we saw the great improvements made in the garden, summer houses, and walks in the woods. General Washington and a number of other gentlemen of the present Convention came down to spend the afternoon" Qackson and Twohig, eds., Diaries of Washington, 5:176).

WEDNESDAY , JULY r8, q87

GEORGE WASHINGTON: DIARY

Wednesday r 8th. In Convention. Dined at Mr. Milligans and drank Tea at Mr. Meridiths.

THURSDAY, JULY 19, 1787

GEORGE WASHINGTON: DIARY

Thursday 19th. Dined (after coming out of Convention) at Mr. John Penn the youngers. Drank Tea & spent the evening at my lodgings.

WILLIAM LIVINGSTON TO JOHN JAY

July 19, 1787 ... By notification I received yesterday from Philadelphia that one of my colleagues is obliged to return home I am obliged to set out for that cool city and excellent fish market tomorrow. ALS (Columbia University)

HuGH WILLIAMSON To JoHN GRAY BLOUNT

Philadelphia 19th July 1787 Dear Sir The several members of Convention from our State, some Weeks ago wrote to the Governor that their Continuance here would certainly be longer than had at first been expected. For this reason they submitted to his Excellencies Consideration the granting them a farther allowance of 2 Months in Draughts on the Treasury. By a separate Letter to the Governor, I requested him, if he should issue a Certificate in my favour, to forward it to your care. If you have received any such Draught I wish you to try to get mony on the same & to vest it in some thing for my Account. Though I wish that some thing may be bought I do not at this Instant know any thing that can be purchased at a moderate loss. I know that Tobacco is not to be had nor are Corn or Pork. Naval Stores are too subject to waste, else Tar might do some thing. The Value of Pitch and Tar must ever go Hand in Hand; If Pitch is to be had I think it would be preferable to any other Article of Produce. It is now worth-in this Place. You doubtless know the Inclination of some People to make Mony by selling soft or tarey Pitch or by scooping up a good deal of Sand or Clay along with the Pitch, but if Pitch is to be had from People of reputation for a

THURSDAY, JULY 19, 1787

175

moderate Share of Honesty I would greatly prefer it to any other Article that is like to be had. If the Governor has not sent you the Certificates I wish you would be so good as to write him a Line. If the Mony is not to be had at Washington or Tarborough perhaps it may be had at Edenton. Col. Davie alledges that it will be necessary for him to return Home on or about the Beginning of next Month-He must attend the Circuits of the Superiour Courts. Col. Martin proposes returning with him, for he says that he will be out of Cash. Perhaps you may wonder at my saying that I would rather lose the assistance of the last than the first of those Gentlemen, but things of this sort will often happen. When your brother came here some Time ago from N. York he suspected that where there were 4 there might be a 5th Person required to prevent a divided Vote but was soon convinced that he might return to N. York & serve the State there, whose Service had been deserted by all its Delegates in Congress except Hawkins. There has not in a single important Question been a Division in our Representation nor so much as one dissenting Voice. I am Your obed'. Serv'. Hugh Williamson ALS (North Carolina Division of Archives and History)

WILLIAM BLOUNT TO joHN GRAY BLouNT

Newyork July 19th 1787. I had yesterday a letter from Davie in which he says "since you left us We have progressed obliquely and retrogaded directly so that we stand on the same Spot you left us" and when I left them much Progress was not made. My Colleagues were very unanimous. H. W. are there Head and were in Sentiment with Virginia who seemed to take the lead Madison at their Head tho Randolph and Mason are also great. The general outlines were to have a National Assembly composed of three Branches the first to be elected by the People at large and to consist of about 70 Members, the second Branch of a less Number to be chosen by the respective Legislatures for a longer Duration and the third an Executive of a single Man for a still longer Time. I must confess not withstanding all I heard in favour of this System I am not in sentiment with my Colleagues for as I have before said I still think we shall ultimately end not many Years just be seperate and distinct Governments perfectly independent of each other. The little States were much opposed to the Politicks of the larger they insisted that each State ought to have an equal vote as in the present Confederation.

FRIDAY, JULY

20,

1787

GEORGE WASHINGTON: DIARY

Friday 20th. Clymers.

In Convention. Dined at home and drank Tea at Mr.

SATURDAY, JULY 2r, q87

GEORGE WASHINGTON: DIARY

Saturday 2 r st. In Convention. Dined at Springsbury with the Club of Gentn. & Ladies. Went to the Play afterwards.

OLIVER ELLSWORTH TO ABIGAIL ELLSWORTH

Philadelphia July 2rst 1787 Dear Mrs. Ellsworth I believe the older men grow the more uneasy they are from their wives. Mr. Sherman and Doctor Johnson are both run home for a short family visit. As I am a third younger than they are I calculate to hold out a third longer, which will carry me to about the last of August. My health holds better than I feared. To preserve I walk a good deal in the cool of the afternoons and frequently stop in and take a little chat and tea sipping with good Connecticut women who are dispersed about in different parts of the city. They are all very agreeable, but as Mrs. Lockwood I think is the most like yourself you will allow me to like her a little the best. I can add however, if it will be any satisfaction to you that my friend Mr. Lockwood is a home man and generally makes one of the party. I yesterday dined with Mrs. Gibbs and Nancy Ferry whose company was the more acceptable because they inquired so particularly about you, and your little ones. I go to Mr. Gibbs's the oftener for the sake of conversing with Billy, who since his return from Europe where he's spent five years travelling through different nations and examining everything curious, is to me a pleasing and profitable companion. Curiosity and the love of information you know has no bounds. My curiosity was highly gratified the other day by clasping the hand of a woman who died many hundred years ago. The ancient Egyptians had an art, which is now lost out of the world, of embalming their dead so as to preserve the bodies from putrification many of which remain to this day. From one of those an arm has lately been cut off and brought to this city. The hand is intire. The nails remain upon the fingers and the wrapping cloth upon the arm. The flesh which I tried with my knife, cuts and looks much like smoked beef kept till it grows hard. This will be a good story to tell Dr. Stiles, which is all the use I shall probably make of it. His avidity for food of

I77

I78

SUPPLEMENT TO FARRAND'S RECORDS

this kind you know is strong enough to swallow the arm and body whole. This letter is so much lighter than what I commonly send you that I will not pursue it any further lest you should imagine I am growing light headed and which may for ought I know be the case before we get through the business of the Convention. Love to Nabby and the little boys and a smack to Fanny. Oliver Ellsworth TR (Connecticut Historical Society)

SUNDAY, JULY

22,

1787

GEORGE WASHINGTON: DIARY

Sunday 22d. Left Town by 5 oclock A.M. Breakfasted at Genl. Mifflins. Rode up with him & others to the Spring Mills and returned to Genl. Mifflins by Dinner after which proceeded to the City. 1

1. "This day Gen. Washington, Gen. Mifflin and four others of the Convention did us the honor of paying us a visit in order to see our vineyard and bee houses. In this they found great delight, asked a number of questions, and testified their highest approbation with my manner of managing bees" (Peter Legaux, diary, American Philosophical Society).

179

MONDAY, JULY 23, q87

GEORGE WASHINGTON: DIARY

Monday 23d. In Convention as usual. Dined at Mr. Morris's and drank Tea at Lansdown (the Seat of Mr. Penn).

180

TUESDAY, JULY 24, 1787

GEORGE WASHINGTON: DIARY

Tuesday 24th. In Convention. Dined at Mr. Morris's and drank Tea, by appointment & partr. Invitation at Doctr. Rush's.

WEDNESDAY, JULY 25, q87

GEORGE WASHINGTON: DIARY

Wednesday 25th. In Convention. Dined at Mr. Morris's, drank Tea, & spent the evening there.

WILLIAM PIERCE TO WILLIAM SHORT

New York, July 25th 1787 Dear Sir . . . In January last I took my seat in Congress and continued untill May, when I met the Delegates from the different States, in Convention, at Philadelphia. After continuing in that Council untill all the first principles of the new Government were established, I came on again to New York, and am now in Congress. The business of the Convention is now going on with some degree of harmony. I dare not communicate any of its proceedings . . . . ALS (Library of Congress)

EDMUND RANDOLPH TO DAVID SHEPHERD

. . . I presume that your part of the world, like this city [is] anxious to be informed of the proceedings of the Convention. It would give me pleasure to contribute to the gratification of the friends of the united states. But we are not yet discharged from the obligation of secrecy. This much I can only tell you that we have been employed in settling general principles of government and yesterday a committee was appointed to prepare a constitution conformable to those principles. Our western friends, beyond the Allegheny, may be assured that we shall not be unmindful of their interests in our regulations. TR (Independence National Historical Park)

182

THURSDAY, JULY 26, 1787

1 EDMUND RANDOLPH: DRAFT SKETCH OF CONSTITUTION

In the draught of a fundamental constitution, two things deserve attention: r. To insert essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events: and 2. To use simple and precise language, and general propositions, according to the example of the (several) constitutions of the several states. (For the construction of a constitution necessarily differs from that of law) r. A preamble seems proper. Not for the purpose of designating the ends of government and human polities-This (business, if not fitter for the schools, is at least sufficiently executed) display of theory, howsoever proper in the first formation of state governments, (seems) is unfit here; since we are not working on the natural rights of men not yet gathered into society, but upon those rights, modified by society, and (supporting) interwoven with what we call (states) the rights of states-Nor yet is it proper for the purpose of mutually pledging the faith of the parties for the observance of the articles-This may be done more solemnly at the close of the draught, as in the confederation-But the object of our preamble ought to be briefly to (represent) declare, that the present foederal government is insufficient to the general happiness; that the conviction of this fact gave birth to this convention; and that the only effectual (means) (mode) which they (could) (can) devise, for curing this insufficiency, is the establishment of a supreme legislative executive and judiciary-(ln this manner we may discharge the first resolution. We may then proceed to establish) 2 Let it be next declared, that the following are the constitution 1. This sketch with emendations in the hand of John Rutledge was a working document used by the Committee of Detail. Farrand printed it from the original in the Mason Papers, Library of Congress. His rendering of the document is used here. Parts of the text in parentheses were "crossed out in the original, italics represent changes made in Randolph's handwriting, and the emendations in Rutledge's handwriting are enclosed in angle brackets" (Farrand, 4:37). 2. Marginal note crossed out: "1st resolution."

183

I

84

SUPPLE:.V1ENT TO FARRAND'S RECORDS

and fundamentals of government for the United States 3-After this introduction, let us proceed to the 2. First resolution-This resolution involves three particulars: I. the style of the United States; which may continue as it now is. 2. a declaration that (an) (a) supreme (execu) legislative executive and judiciary shall be established; and 3. a declaration that these departments shall be distinct, (except) and independent of each other, except in specified cases. In the next place, treat of the legislative, judiciary and executive in their order, and afterwards, of the miscellaneous subjects, as they occur; bringing together all the resolutions, belonging to the same point, howsoever they may be scattered about and leaving to the last the steps necessary to introduce the government.-(Tak) The following plan is therefore submitted I The Legislative I. shall consist of two branches: viz: a) a house of delegates; and b) a senate; 2. which together shall be called "the legislature of the United States of America." 3 a) The house of delegates I. (shall never be greater in number than To effect this, pursue a rule, similar to that prescribed in the I 6th. article of the New-York constitution.) 2. Each state shall send delegates, according to the ratio, recommended by congress. 3. to ascertain this point, let a census be taken in due time as the national legislature shall direct; within six years from the first meeting of the legislature; and once in every term of ten years thereafter. 4· the census being taken and returned, the legislature shall apportion the representation: 5. The qualifications of (a) delegates shall be the age of twenty five years at least: and citizenship:• (and any person possessing these qualifications may be elected except) 6. Their duration in office shall be for two years. 7. The elections shall be biennially held on the same day through the same state(s): except in case of accidents, and where an adjournment to the succeeding day may be necessary. 3. Marginal note crossed out: "zd resolution." 4· Marginal note crossed out: "qu: if a certain term of residence and a certain quantity of landed property ought not to be made by the convention further qualifications."

THURSDAY, JULY 26, 1787

r8s

8. The place shall be fixed by the (national) legislatures from time to time; or on their default by the national legislature. 9. So shall the presiding officer. IO. (Votes shall be given by ballot, unless o/3 of the national legislature shall choose to vary the mode.) I I. The qualification of electors shall be the same (throughout the states; viz.) with that in the particular states, unless the leg-

islature shall hereafter direct some uniform qualification to prevail through the states. (citizenship: manhood sanity of mind previous residence for one year, or possession of real property within the state for the whole of one year, or inraiment in the militia for the whole of a years. ) 5 (I 2. All persons who are may be elected;) I 2. A majority shall be a quorum for business; but a smaller number may be authorized by the house to call for and punish non-attending members, and to adjourn for any time not exceeding one week. I 3. (quaere. how far the right of expulsion may be proper.) The house of delegates shall have power over its own members. 14. The delegates shall be privileged from arrest 6 (or assault) personal restraint during their attendance, for so long a time before and after, as may be necessary, for travelling to and from the legislature (and they shall have no other privilege whatsoever.) (I 5. Their wages shall be) I6. They shall be ineligible to and incapable of holding offices under the authority of the united states, during the term of service of the house of delegates. I7. Vacancies by death disability or resignation shall be supplied by a writ from the (speaker or any other person, appointed by the house.) 7 governor of the state, wherein they shall happen. I 8. The house shall have power to make rules for its own government. I 9 The house shall not adjourn without the concurrence of the senate for more than one week, nor without such concur5. Marginal note crossed out: "These qualifications are not justified by the resolutions." 6. "Arrest" underscored in the original. 7. Underscored in the original before being crossed out.

I

86

SUPPLEMENT TO FARRAND'S RECORDS

renee to any other place, than the one at which they are sitting. 4 b) The Senate( r. shall consist of members; each possessing a vote) 2. the legislature of Each state shall (send) appoint two (members) senators using their discretion as to the time and manner of choosing them. 3. the qualification of (a) senators shall be the age of 2 5 years at least: citizenship in the united states: and property in the amount of 4· (Their duration in office shall) They shall be elected for six years and immediately after the first election they shall be divided by lot as near as may be into (four) three classes, (six in each class,) and numbered r, 2, 3: and the seats of the members of the first class shall be vacated at the expiration of the (first) second year, of the second class at the expiration of the fourth and of the third class at the end of the sixth year, and so on continually, that a third part of the senate may be biennially chosen. 5. A majority shall be a quorum for business: but a smaller number may be authorized to call for and punish non attending members and to adjourn (for any time not exceeding one week) (from day to day).

6. Each senator shall have one vote (6) 7· The senate shall have power over its own members. (7) 8. The senators shall be privileged from arrest 8 personal restraint during their attendance, and for so long a time before and so long after, as may be necessary for travelling to and from the legislature (and they shall have no other privileges whatsoever.) (8) 9· The senators shall be ineligible to and incapable of holding any office under the authority of the united states, during the term for which they are elected, and for one year thereafter, (except in the instance of those offices, which may be instituted for the better conducting of the business of the senate, while in session.) ( ro. Vacancies) ( ro. The wages of the senators shall be paid out of the (nat) treasury of the united states.: those wages for the first six years shall be dollars per diemS. "Arrest" underscored in the original.

THURSDAY, JULY 26, 1787

at the beginning of (the) every sixth year after the first, the supreme judiciary shall cause a special jury of the most respectable merchants and farmers to be summoned to declare what shall have been the averaged value of wheat during the last six years, in the state, where the legislature may be sitting: And for the six subsequent years, the senators bushels of shall receive per diem the averaged value of wheat.) I r. The (house) Senate shall have power to make rules for its own government I 2. The Senate shall not adjourn without the concurrence of the house of delegates for more than (one week) (3 days), nor without such concurrence to any place other than that at which they are sitting. The following are (I) the legislative powers; with certain exceptions; and un-

der certain restrictions (2 with certain exceptions and) agrd.

I.

(3 under certain restrictions.) To raise money by taxation, unlimited as to sum, for the

(future) past (or) (&)future debts and necessities of the union and to establish rules for collection. Exception( s) agrd. No Taxes on exports.-Restrictons I. direct taxation proportioned to representation 2. No (headpost) capitation-tax which does not apply to all inhabitants under the above limitation-3. no (other) indirect tax which is not common to all. (4. Delinquency shall be by distress and sale, and officers of state bound to conform) 2. To regulate commerce (both foreign & domestic & no State to lay a duty on imports-) Exceptions I. no Duty on exports. 2. no prohibition on (such) (the) importations of (such) inhabitants (or People as the sevl. States think proper to admit) 3. no duties by way of such prohibition. Restrictions. I. A navigation act shall not be passed, but with the consent of (eleven states in) (¥3 ds. of the Members present of) the senate and (IO in) (the like No. of) the house of representatives.

188

SUPPLEMENT TO FARRAND'S RECORDS (2. Nor shall any other regulation-and this rule shall prevail, whensoever the subject shall occur in any act.) (3. The lawful territory To make treaties of commerce Under the foregoing restrictions) (qu: as to senate) 4· (To make treaties of peace or alliance) (qu: as to senate) under the foregoing restrictions, and without the surrender of territory for an equivalent, and in no case, unless a superior title.) 5. To make war(:(and)) raise armies. (& equip Fleets.) 6. To provide tribunals and punishment for mere offences against the law of nations. (Indian Affairs) 9 7. To declare the law of piracy, felonies and captures on the high seas, and captures on land. (to regulate Weights & Measures) 10 8. To appoint tribunals, inferior to the supreme judiciary. 9· To adjust upon the plan heretofore used ail disputes between the States (respecting Territory & Jurisdn) IO. To (regulate) (The exclusive right of) coining (money (Paper prohibit) no State to be perd. in future to emit Paper Bills of Credit witht. the App: of the Nat!. Legisle. nor to make any (Article) Thing but Specie a Tender in paymt. of debts)" I I. To regulate naturalization I 2. (To draw forth the) (make Laws for calling forth the Aid of the) militia, (or any part, or to authorize the Executive to embody them) (to execute the Laws of the Union to inforce Treaties to repel Invasion and suppress internal Comns.) IJ. To establish post-offices 14. To subdue a rebellion in any particular state, on the application of the legislature thereof. (of declaring the Crime & Punishmt. of Counterfeitg it.) 12 I 5. To enact articles of war. r6. To regulate the force permitted to be kept in each state. ( I7. To send embassadors) (Power to borrow MoneyTo appoint a Treasurer by (joint) ballot.) 13

9· Marginal note. 10. Marginal note. II.

12. IJ.

Marginal note. Marginal note. Marginal note.

THURSDAY, JULY 26, 1787

I8. To declare it to be treason to levy war against or adhere to the enemies of the U.S. I9. (To organize the government in those things, which) (Insert the I I Article) (All laws of a particular state, repugnant hereto, shall be void: and in the decision thereon, which shall be vested in the supreme judiciary, all incidents without which the general principles cannot be satisfied, shall be considered, as involved in the general principle.) (That Trials for Crimi. Offences be in the State where the Offe was comd-by Jury-and a right to make all Laws necessary to carry the foregoing Powers into Execu-) 2. The powers belonging peculiarly to the representatives are those concerning money-bills 3. The powers destined for the senate peculiarly, are I . To make treaties of commerce 2. to make (Treaties of) peace. (&Alliance.) 3. to appoint the judiciary 4· (to send Embassadors) 4· The executive (Governor of the united People & States of America.)" I. shall consist of a single person; 2. who shall (hold) be elected by the Legislature (by Uoint) Ballot (& in) each Ho. havg a Negative on the other) 3. and shall hold his office for the term of (six) seven years 4· and shall be ineligible thereafter. 5. His powers shall be I. to carry into execution the national laws. 2. to (command and superintend the militia,) (to be Commander in Chief of the Land & Naval Forces of the Union & of the Militia of the sevl. states.)' 5 (3. to direct their discipline) (4. to direct the executives of the states to call them or any part for the support of the national government.) 5. to appoint to offices, not otherwise provided for. (by the constitution) (shall propose to the Legisle. from Time to Time by Speech or Messg such Meas as concern this Union)' 6 6. to be removeable on impeachment, made by the house of representatives and (on) conviction (of malpractice or neglect of duty,) before the supreme judiciary 14. Marginal note. I 5. Marginal note. 16. Marginal note.

I90

SUPPLEMENT TO FARRAND'S RECORDS (of Treason Bribery or Corruption.) 7. to receive a fixed compensation for the devotion of his time to public service the quantum of which shall be settled by the national legislature: to be paid out of the national treasury. (no Increase or decrease during the Term of Service of the Executive) 17 8. (and) to have a qualified negative on legislative acts so as to require repassing by 7"3 • 9· and shall swear fidelity to the union, (as the legislature shall direct.) (by taking an oath of office) I

o. receiving embassadors I I. commissioning officers. I 2. convene legislature (The Presidt. of the Senate to suc-

ceed to the Executive in Case of (death) Vacancy untill the Meeting of the Legisle The power of pardoning vested in the Executive (which) his pardon shall not however, be pleadable to an Impeachmt.) 18 5. The Judiciary I. shall consist of one supreme tribunal: 2: the judges whereof shall be appointed by the senate: 3. and of such inferior tribunals, as the legislature may (appoint:) (establish) (4. the judges of which shall be also appointed by the senate-) 5. all the judges shall hold their offices during good behaviour; 6. and shall receive punctually, at stated times a (fixed) compensation for their services, to be settled by the legislature; in which no diminution shall be made, so as to affect the persons actually in office at the time of such diminution. and shall swear fidelity to the union. 7. The jurisdiction of the supreme tribunal shall extend I. to all cases, arising under laws passed by the general; (Legislature:) 2. to impeachments of officers: and 3. to such other cases, as the national legislature may assign, as involving the national peace and harmony; in the collection of the revenue in disputes between citizens of different states (in disputes between a State & a Citizen or Citizens of another State) 19 in disputes between different states; and in disputes, in which subjects or citizens of other countries are concerned (& in Cases of Admiralty Jurisdn.) I7. Marginal note. Marginal note. 19. Marginal note. 1 8.

THURSDAY, JULY 26, 1787

But this supreme jurisdiction shall be appellate only, except in (Cases of lmpeachmt. & (in)) those instances, in which the legislature shall make it original: and the legislature shall organize it 8. The whole or a part of the jurisdiction aforesaid, according to the discretion of the legislature, may be assigned to the inferior tribunals, as original tribunals. Miscellaneous provisions I New states soliciting admission into the Union (I. must be within the present limits of the united states:) 2. must lawfully arise; that is (a-in the territory of the united states, with the assent of the legislature.) (b---within the limits of a particular state, by the consent of a major part of the people of that state:) (States lawfully arising & if within the Limits of any of the prest. States by Consent of the Legisle. of those States.) 20 3. shall be admitted only on the suffrage of ( o/3ds.) in the house of representatives and (the like No. in the) Senate 4· & shall be admitted on the same terms with the original states (but the number of states or votes required on particular measures shall be readjusted-) 5. provided always, that the legislature may use their discretion in (refusing) admitting or rejecting, and may make any condition concerning the (old) debt of the union (at that Time.) (6. provided also, that the western states are entitled to admission on the terms specified in the act of congress of) 2. The guarantee is I. to prevent the establishment of any government, not republican: (2) (3.) to protect each state against internal commotion; and (3) (2.) against external invasion. 4· But this guarantee shall not operate (in the last Case) without an application from the legislature of a state.

5· 3. The legislative executive and judiciaries of the states shall swear fidelity to the union, as the national legislature shall direct. 4· The ratification of the reform is-After the approbation of congress-to be made by a special convention (in each State) recommended by the assembly to be chosen for the express purpose of considering and approving or rejecting it in toto: and this recommendation may be used from time to time 5. (An alteration may be effected in the articles of union, on the appli20.

Marginal note.

SUPPLEMENT TO FARRAND'S RECORDS

192

cation of two thirds nine ( V3 d) of the state legislatures (by a Convn.)) (on appln. of Y:Jds of the State Legislatures to the Nat!. Leg. they call a Convn. to revise or alter the Articles of Union.) (6. The plighting offaith ought to be in solemn terms.) Addenda I. The assent of the (major part of the people) (Conventions) of states shall give (birth) operation to this constitution 2. Each assenting state shall notify its assent to congress: who shall publish a day for its commencement, not exceeding After such publication, or (on) with the (failure thereof) assent of the major part of the assenting states, after the expiration of days from the

giving of the assent of the ninth state, each legislature shall direct the choice of representatives, according to the seventh article and provide for their support: 2. each legislature shall also choose senators; and provide for their support. 3. they shall meet at (the Place &) on the day assigned by congress, (or as the major part of the assenting states shall agree, on any other day.) 4 They shall as soon as may be after meeting elect the executive: and proceed to execute this constitution. The object of an address is to satisfy the people of the propriety of the proposed reform. To this end the following plan seems worthy of adoption I. To state the general objects of a confederation. 2 To shew by general, but pointed observations, in what (particulars) respects, our confederation has fallen short of those objects. 3. The powers, necessary to be given, will then follow as a consequence of the defects 4· A question next arises, whether these powers can with propriety be vested in congress. The answer is, that they cannot. 5. But As some states may possibly meditate partial confederations, it would be fit now to refute this opinion briefly. 6. It follows then, that a government of the whole on national principles, with respect to taxation &c is most eligible. 7. This would lead to a short exposition of the leading particulars in the constitution. 8. This done, conclude in a suitable manner. This is the shortest scheme, which can be adopted. For it would be strange to ask (for) new powers, without assigning some reason-it matters not how general so ever-which may apply to all of them. Besides we ought to furnish the advocates of the plan in the country with some general I.

THURSDAY, JULY 26, 1787

I9J

topics. Now I conceive, that these heads do not more, than comprehend the necessary points.

GEORGE WASHINGTON: DIARY

Thursday 26th. In Convention. Dined at Mr. Morris's, drank Tea there, and stayed within all the Afternoon.

ABRAHAM BALDWIN TO JOEL BARLOW

Philadelphia, July 26, 1787 We are still at work at this great building so much talked of. I fear we are not of the true craft, by the slowness of our progress, and I shall not hesitate to call you a lazy fellow for not furnishing even one stone in the building. I am in hopes we shall have a resting spell of a few days before long, but I fear not long enough to avail myself of the pleasure of visiting old friends. Messers. Johnson and Sherman have left us for a few weeks. I had determined to get with them but dared not leave the state unrepresented. I believe that they expected we should adjourn immediately. I trust we have got the greater part of the materials together. And shall soon appoint the workmen to put it together, but there is so much to be said about foundations, cornerstones and all the rest of the stones, that I expect we shall not have the raising for several days. If we should have a leisure of two or three weeks I will come and see you. I hear our poor Georgians are again using the old play of Indian war and am sure it will be attended with very bad consequences. That is one great source from which I expect the troubles of my life. The New Hampshire Deputies Langdon and Gilman are here. It gives me pleasure to see that all the states have sent their Representatives except Rhode Island that she may be left alone and unsupported in her disgrace. I fear my colleagues will leave here in a few days. I shall stay as long as my money or credit lasts till the business is finished. Tell the girl I am getting some miniatures for her here, but as I prefer young workmen it will be some time before they will be done. Adieu. ALS (Yale University)

194

SUPPLEMENT TO FARRAND'S RECORDS

OLIVER ELLSWORTH TO SAMUEL HUNTINGTON

Philadelphia, July 26 1787 Sir I received your Excellency's letter of the 9th instant, in the absence of Doctor Johnson and Mr. Sherman, who are on a short visit to their families; and am happy to be informed that the troubles in Massachusetts, which wore so threatening an aspect, not only in the government of that but of the adjoining states, have so far subsided. The business of the Convention, Sir, is yet progressing, and will, I hope, in a few weeks more, come to a close. A report from a committee of the whole, containing principles of a reform of the federal government, has after a very long discussion and a variety of amendments been agreed to. And is referred to a smaller committee to throw into form and detail after which it will undergo one revision more. The convention may perhaps incur censure for being too long about its work, but I apprehend it will not for not having done or attempted enough. Your Excellency's letter of the 22d of June was duly received and would have been immediately answered by my colleagues and myself but we had just done ourselves the honor of addressing a letter to you with all the little information in our power. I have the honor to be, Sir, with very great respect Your Excellency's humble Servant Oliver Ellsworth ALS (Connecticut Historical Society)

FRIDAY, JULY 27, 1787

GEORGE WASHINGTON: DIARY

Friday 27th. In Convention, which adjourned this day, 1 to meet again on Monday the 6th. of August that a Comee. which had been appointed (consisting of 5 Members) might have time to arrange, and draw into method & form the several matters which had been agreed to by the Convention as a Constitution for the United States. Dined at Mr. Morris's, and drank Tea at Mr. Powells. WILLIAM PATERSON TO jOHN LANSING

Philadelphia 27 July 1787 Dear Sir: The Convention adjourned yesterday to meet on Monday the 6th of next Month, by which Time, it is expected, the Business will be detailed. It is of Moment, that the Representation should be complete, and I hope, that Mr. Yates and yourself will not fail to attend on the very Day. The Commissioners from New Hampshire arrived a few Days ago: so that with a Representative from your State, all the States, except Rhode Island, will be on the Floor. I hope to see you and Mr. Yates at New Brunswick on your Way to Philadelphia. My best respects await the Judge. Yr. Ob. hb. Serv. William Paterson Honorable Mr. Lansing ALS (New-York Historical Society)

DAVID BREARLEY TO JONATHAN DAYTON

Philadelphia 27 July 1787 Yesterday we completed the great Principles, which we have been so long considering, and Committed them to five Gentlemen to put into proper form and detaiL-The Committee are, Mr. Gorham, Mr. Ells1.

An obvious slip of the pen; the Convention adjourned the preceding day.

I95

196

SUPPLEMENT TO FARRAND'S RECORDS

worth, Mr. Wilson, Mr. Randolph and Mr. Rutledge. We have adjourned to monday the sixth day of August, at which time it is expected that the Committee will be ready to report. The most exact punctuality has been enjoined the members in meeting at the day and hour to which they are adjourned; and every one appeared so sensible of the propriety of this measure, that there is not a doubt of its being strictly complied with. Mr. Paterson expects that you will attend at the time, as he is under the necessity of being absent. We (the members of Jersey) purpose returning to this place on the Saturday previous to the day of meeting, in order to prevent any delay on our part. If you come on in the Stage on Saturday, I shall join you at Witts and take a seat with you to Philadelphia.

WILLIAM SAMUEL JOHNSON TO SAMUEL PETERS

Stratford, 27th July 1787. I have been all Summer at Philadelphia attending the Convention of the States, assembled by Recommendation of Congress, for the purpose of strengthening and consolidating our Union, and vesting more ample powers in our General Government than they at present possess. Whether we shall be able to agree upon any Plan which will be acceptable to the People I cannot determine, but there appear at present many circumstances in our favor . . . . Farrand, 4:72-73

SATURDAY, JULY 28, 1787

GEORGE WASHINGTON: DIARY

Saturday 28th. Dined with the Club at Springsbury. Drank Tea there and spent the Evening at my lodgings.

197

SUNDAY, JULY 29, q87

GEORGE WASHINGTON: DIARY

Sunday 29th. Dined and spent the whole day at Mr. Morris's principally in writing letters.

MONDAY, JULY 30, q87

GEORGE WASHINGTON: DIARY

Monday. 30th. In company with Mr. Govr. Morris, and in his Phaeton with my horses; went up to one Jane Moores in the vicinity of Valleyforge to get Trout.

CALEB STRONG TO ALEXANDER HODGDEN

Philadelphia July JO I 787 Sir When I came forward to this Place as one of the Deputys in the Convention I had no Expectation of staying more than five or six Weeks. I have already been here nearly double that Time and it is now very uncertain when I shall be able to return. The Situation of Affairs renderd it extremely difficult to obtain Money in the Part of the Country where I live and a Variety of Disappointments prevented my procuring so much as I wished. Indeed untill within a few days before I left Northampton I expected Judge Dana would have been able to come forward in which Case I should have been excused from the Service. I wrote to Mr. Lyman while in Boston inclosing an Order for the Sum for which a Warrant might be drawn in my Favour. He informs me that a Warrant was drawn and that you gave him Encouragement that part at least of the Money might be procured. You will easily conceive that it will be very convenient and even necessary for me that the Order should be answered at least a considerable part of it and I have the fullest Reliance on your Endeavors for that Purpose and that they will not be unsuccessful. I am Sir with Esteem and Respect your most obedt. and hble. Servt. Caleb Strong ALS (New York Public Library)

199

TUESDAY, JULY 31, 1787

GEORGE WASHINGTON: DIARY

Tuesday 3 I st. Whilst Mr. Morris was fishing I rid over the old Cantonment of the American [army] of the Winter I 777, & 8. Visited all the Works, wch. were in Ruins; and the Incampments in woods where the ground had not been cultivated. On my return back to Mrs. Moores, observing some Farmers at Work, and entering into Conversation with them, I received the following information with respect to the mode of cultivating Buck Wheat, and the application of the grain. Viz.-The usual time of sowing, is from the roth. to the 2oth. of July-on two plowings and as many harrowings at leastThe grain to be harrowed in. That it is considered as an uncertain Crop being subject to injury by a hot sun whilst it is in blossom and quickly destroyed by frost, in Autumn-and that 25 bushls. is estimated as an average Crop to the Acre. That it is considered as an excellent food for horses, to puff and give them their first fat-Milch cattle, Sheep, and Hogs and also for fatting Beeves. To do which, 2 quarts of Buck Wheat Meal, & half a peck of Irish Potatoes at the commencemt. (to be reduced as the appetite of the beasts decrease or in other words as they encrease in flesh) mixed and givn. 3 times a day is fully competent. That Buck wheat meal made into a wash is most excellent to lay on fat upon hogs but it must be hardened by feeding them sometime afterwards with Corn. And that this meal & Potatoes mixed is very good for Colts that are weaning. About 3 pecks of Seed is the usuall allowance for an Acre. On my return to Mrs. Moores I found Mr. Robt. Morris & his lady there.

200

WEDNESDAY, AUGUST r, 1787

GEORGE WASHINGTON: DIARY

Wednesday I st. About I I oclock, after it had ceased raining, we all set out for the City and dined at Mr. Morris's.

joHN LANGDON To JosHUA BRACKET

Philadelphia, August I, 1787 My Dear Sir: Shall I forget my old Friend Bracket. No surely my whole Soul forbids it; I arrived at this place, twelve days after I left home having made some tarry at New Haven and New York. If it was not for the Importance of the Errand which I came upon, should most heartily wish myself at home; notwithstanding the Riches and Splendor of this City the fatiguing sameness makes me sick. The Convention, well now see the Convention; Figure to yourself the Great Washington, with a Dignity peculiar to himself, taking the Chair. The Notables are seated, in a Moment and after a short Silence the Business of the day is open'd with great Solemnity and good Order. The Importance of the Business, the Dignified Character of Many, who Compose the Convention, the Eloquence of Some and the Regularity of the whole gives a Ton to the proceedings which is extreamly pleasing. Your old Friend takes his Seat. Conscious of his upright Intentions, and as far as his poor Abilities will go keep his eye single to what is righteous and of good Report. The Convention has adjourned for a few days, to give time to a Committee to detail the Business. Give my kind Respects to Sister Bracket, Mr. and Mrs. Lowell, and all Friends. Please deliver Mrs. Langdon the inclosed. I am your Friend John Langdon ALS (Harvard University)

201

THURSDAY, AUGUST

2,

1787

GEORGE WASHINGTON: DIARY

Thursday 2d.

Dined, Drank Tea, & Spent the Evening at Mr. Morris's.

202

FRIDAY, AUGUST J, 1787

GEORGE WASHINGTON: DIARY

Friday 3d. In company with Mr. Robt. Morris and his Lady and Mr. Gouvr. Morris I went up to Trenton on another Fishing party. Lodged at Colo. Sam Ogdens at the Trenton Works. In the Evening fished, not very successfully.

203

SATURDAY, AUGUST 4, 1787

GEORGE WASHINGTON: DIARY

Saturday 4th. In the morning, and between breakfast & dinner, fished again with more success (for perch) than yesterday. Dined at Genl. Dickenson's on the East side of the River a little above Trenton & returned in the evening to Colo. Ogden's.

204

SUNDAY, AUGUST 5, 1787

GEORGE WASHINGTON: DIARY

Sunday 5th. Dined at Colo. Ogdens, early; after which in the company with which I came, I returned to Philadelphia at which we arrived abt. 9 Oclk. JAMES McCLURG TO JAMES MADISON

Richmond Augt. 5· 87. Dear Sir, I am much obliged to you for your communication of the proceedings of the Convention, since I left them; for I feel that anxiety about the result, which it's Importance must give to every honest citizen. If I thought that my return could contribute in the smallest degree to it's Improvement, nothing should keep me away. But as I know that the talents, knowledge, & well-establish'd character, of our present delegates, have justly inspired this country with the most entire confidence in their determinations; & that my vote could only operate to produce a division, & so destroy the vote of the State, I think that my attendance now would certainly be useless, perhaps injurious. 1 I am credibly inform'd that Mr. Henry has openly express'd his disapprobation of the circular letter of Congress, respecting the payment of British debts; & that he has declared his opinion that the Interests of this state cannot safely be trusted with that body. The doctrine of three Confederacies, or great Republics, has it's advocates here. I have heard Hervie support it, along with the extinction of State Legislatures within each great department. The necessity of some independent power to controul the Assembly by a negative, seems now to be admitted by the most Zealous Republicans-they only differ about the mode of constituting such a power. B. Randolph seems to think that a Magistrate annually elected by the people might exercise such a controul as independently as the King of G.B. I hope that our representative, Marshall, will be a powerful aid to Mason in the 1. Farrand omitted the remainder of this letter, although it contains suggestive comments about two issues which were important in the Convention: the national legislature's negative of state laws and the possibility of partial confederacies.

205

206

SUPPLEMENT TO FARRAND'S RECORDS

next Assembly. He has observ'd the continual depravation of Mens manners, under the corrupting Influence of our Legislature; & is convinc'd that nothing but the adoption of some efficient plan from the Convention can prevent Anarchy first, & civil Convulsions afterwards. Mr. H--y has certainly converted a Majority of Prince Edward, formerly the most averse to paper-money, to the patronage of it. The opposers of this Scheme are generally favourers of Installments, together with a total prohibition of foreign Luxuries; that people having no temptation to spend their money, may devote it to Justice. The Importance of the next Assembly, with respect to so many objects of great public Interest, makes me wish most sincerely that Congress was deprived of you, at least for this Session. Mr. Jones has left town, on a pilgrimage to the Temple of health, somewhere about the Mountains. He had been very sick, but seem'd well enough recover'd before he left us. You will please to present my Compts. to your Colleagues, & my Acquaintance in your house, & believe me, with perfect esteem & regard, Dear Sir, Your friend, & humble Servt. James McClurg ALS (Library of Congress)

MONDAY, AUGUST 6, 1787

COMMITTEE OF DETAIL REPORT: REVISIONS, MARGINALIA

On July 24 the Convention appointed a committee-John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson-"to report a Constitution conformable to the Resolutions" that it had passed. On July 26 the Convention adjourned until August 6 to give the committee (soon called the Committee of Detail) an opportunity to work in peace. The Committee finished its assignment in time to present a printed copy of its report to the Convention when it reconvened on August 6. Of the approximately sixty copies printed, eighteen are known to have survived: the proof sheets, corrected by Edmund Randolph, at the Historical Society of Pennsylvania; five copies at the Library of Congress-William Samuel Johnson's, William Jackson's, James Madison's, Charles Cotesworth Pinckney's, and Hugh Williamson's; two copies at the National Archives-George Washington's and David Brearley's; two copies at the Huntington Library-George Mason's and an unidentified owner's; two copies at the Massachusetts Historical Society-Elbridge Gerry's and Nathaniel Gorham's; a copy at the Pierpont Morgan Library-Abraham Baldwin's; a copy at the University of Indiana-owner unidentified; a copy at the Library Company of Philadelphia-John Dickinson's; a copy at the New Hampshire Society of the Cincinnati-Rufus King's; and two copies in private hands-Pierce Butler's and James Wilson's. The Committee reports were printed with unusually wide left hand margins, to permit the delegates to record substitute motions, revisions, and other alterations in constitutional language. In addition, all copies contain cancellations and interlineations, some in profusion. In most cases the additions, revisions, and marginalia contain the changes in the Committee report made as the Convention inched forward clause by clause. The annotated reports served, then, as legislative diaries, permitting individual delegates to record the evolution of the Constitution. A few delegates, however, used the Committee report to enter independent observations on proceedings in the Convention. The more 207

208

SUPPLEMENT TO FARRAND'S RECORDS

substantial of these marginal reflections, suggestions, and queries are printed below. In identifying marginalia as original material, caution must be used on several counts. Many delegates, either capriciously or from a desire to rearrange the report, made marginal entries which transposed actions taken late in the Convention to an earlier period and thus gave a false impression of prescience and inventiveness. For example, next to article VII, section 1, first clause, approved August 16, George Mason made the following marginal entry: "Sec. 1st. The Legislature shall fulfill the Engagements and discharge the Debts of the united States." Mason was here merely copying the motion adopted by the Convention on August 23 (Farrand, 2:392), not anticipating his colleagues by a week. Care has been taken to print only those marginal entries which are both substantive and original, although different selections would be possible in some cases. ARTICLE III In a marginal note, keyed to the phrase "the Legislature shall meet on the first Monday in December every year," Williamson wrote: "It was proposed to strike out this Provision, on the allegation that frequent Meetings of the Legislature may occasion changes of Measures etc. I no." ARTICLE IV, SECTION I Across from this section Williamson wrote: "It was proposed to confine the Election to freeholders. I no." ARTICLE IV, SECTION III In the margin Williamson wrote: "Sept. 8th motion made by HW to reconsider sect. Jrd so as to increase the number of representatives to 100. Question lost. pro. 7. 8. 9· 11. 1 con. the other six states." ARTICLE IV, SECTION IV Last phrase revised by Dickinson to read: "according to the Rule hereinafter for direct Taxation not exceeding the rate of one for every forty thousand, provided that every state have at least one Representative and that the Representation of the most populous state shall not 1. In entering his marginalia Williamson numbered the states I to the coast from New Hampshire (number I) to Georgia (number IJ).

I

3, descending

MONDAY, AUGUST 6, 1787

209

exceed that of the least populous more than on the proportion of twenty to one." ARTICLE VII, SECTION I Opposite to "regulate commerce with foreign nations" Dickinson wrote: "no Preference or Advantage to be given to any persons or place-Laws to be equal." Mason wrote: "See the provision in Section 6, & the Note upon the 8th Article." Opposite to "regulate the value of foreign coin" Dickinson wrote: "no money to be drawn out of the National Treasury, unless by an appropriation thereof by Law." Opposite to "appoint a Treasurer" Dickinson wrote: Q [ uery] Board." Mason wrote: "Amend by inserting--or Treasurers by joint ballot." Opposite to "declare the law and punishment of piracies" Dickinson wrote: "and offenses by persons in the service of the United States." Mason wrote: "Why not also foreign Current Coin, the Bills of Credit, and the Public Securitys of the United States?" Opposite to "raise armies" Dickinson wrote: "to erect forts." Opposite to "call forth the aid of the militia" Dickinson wrote: "to create Offices to fix the Salaries." ARTICLE VII, SECTION III Opposite this section Dickinson wrote: "Q [uery] Meaning of Direct Taxation." ARTICLE VII, SECTION IV Opposite Section IV Dickinson wrote: "on the Exportation of Livestock Wheat or other Grains, Flour, Rice, Fish, Lumber, Iron, Tobacco, Indigo or the Manufactures of any state." 2 Mason wrote: "Report of the Committee upon Entrys and Duties to be inserted here." ARTICLE IX, SECTION I Opposite Section I Mason wrote: "As Treaties are to be the Laws of the Land and commercial Treaties may be so framed as to be partially injurious, there seems to be some necessity for the same Security upon the Subject as in the 6th Section of the 6th Article." 2. Directly above this entry Dickinson copied the full faith and credit clause from Article IV of the Articles of Confederation.

2IO

SUPPLEMENT TO FARRAND'S RECORDS

ARTICLE IX, SECTION II Opposite Section II Dickinson wrote: "A Power to terminate all Discensions with a state, likely to disturb the public peace." ARTICLE X, SECTION I After "elected by" Mason added: "by the joint Ballot of" ARTICLE X, SECTION II Dickinson entered the following series of observations in the margin: "To lay Embargos. The offices should be established by the Legislature. Proroguing. Convening at some other place than that adjourned to. Independance of Salary. and shall appoint to all offices established by this Constitution, except in Cases herein otherwise provided for and to all offices that shall be created by Law." Mason noted at "Ambassadors": "this was not the Idea of the Convention"; before "Commander in Chief": "Q [uery]. Whether the President ought to command the Army personally"; before "execute the Office": "He ought also to swear, to the best of his Power and Knowledge to preserve the Constitution." ARTICLE XI, SECTION II Opposite Section II Dickinson queried: "Should they not be removable on Application by the two Branches of the Legislature." ARTICLE XI, SECTION III Opposite "such as shall regard Territory or Jurisdiction" Dickinson wrote: "Q[uery] Appeals in Cases relating to Territory Jurisdiction or Disputes with foreign Powers." After "such regulations as the Legislature shall make" Mason commented: "a more explicit Definition seems necessary here." ARTICLE XI, SECTION IV Opposite Section IV Dickinson wrote: "Q [uery] Offences committed out of the United States." ARTICLE XI, SECTION V Opposite Section V Mason wrote: "No Mode of impeaching the Judges is established; and the Mode of Indictment and Punishment for all the great Officers of the Government should be designated."

MONDAY, AUGUST 6, 1787

2II

ARTICLE XII Opposite this article Dickinson wrote: "nor to lay Duties or Imposts on the postage of Letters or the Carriages employed therein nor on Exports unless they be the produce or Manufacture of the state exporting the same nor to lay embargos." ARTICLE XIII Dickinson keyed the following marginal note to "specie": "coined or regulated by the Legislature of the United and at the Rate or Value by them established." At the end of the article he added: "and then to continue no longer than Congress shall otherwise determine." ARTICLE XIV At the end of the article Dickinson added: "except the priveledge of electing and being elected to office." ARTICLE XXII Opposite the article Dickinson wrote: "the Union to be perpetual." Williamson wrote on the back of page six of his copy of the report: "Art:22. Question first put for filling up the Blank with ro, the number 7 had been proposed. Question lost. The question was then put for 9 and carry'd. ro. I I. I2. IJ. HW ay." 3 ARTICLE XXIII At the end of the article Dickinson added: "If within Months after the Government ordained declared and established by this Constitution shall be agreed to in Congress, the same shall not be confirmed by the Legislature of every State, then, to introduce this Constitution, it is the Opinion of this Convention, that Delegates should be appointed by Conventions to be called by the Legislatures of such states as shall assent to this Constitution to meet in Convention at on the Day of in the Year and that the said States should have Convention consisting of Delegates from at least full power to appoint and publish a Day as early as may be and appoint a Place for commencing proceedings under this Constitution; that after such appointment and publication, the Legislatures of the several states should elect Members of the Senate and direct the Election of Members 3. Both Farrand and Madison reported this vote as 8 in favor, 3 against, Georgia being listed in favor in both accounts.

2I2

SUPPLEMENT TO FARRAND'S RECORDS

of the House of Representatives: and that the Members of the Legislature should meet at the Time and place assigned by the said Convention, and should as soon as may be after their Meeting choose the president of the United States and proceed to execute this Constitution." GEORGE WASHINGTON: DIARY

Monday 6th. Met, according to adjournment in Convention, & received the rept. of the Committee. Dined at Mr. Morris's and drank Tea at Mr. Meridiths.

TUESDAY, AUGUST 7, q87

GEORGE WASHINGTON: DIARY

Tuesday 7th. In convention. Dined at Mr. Morris's and spent the evening there also.

213

WEDNESDAY, AUGUST 8, 1787

GEORGE WASHINGTON: DIARY

Wednesday 8th. In convention. Dined at the City Tavern and remained there till near ten oclock.

214

THURSDAY, AUGUST 9, 1787

GEORGE WASHINGTON: DIARY

Thursday 9th. In Convention. Dined at Mr. Swanwicks and spent the Afternn. in my own room-reading letters and accts. from home. ELBRIDGE GERRY TO ANN GERRY

Philadela. Thursday Eveng. 9 oClock 9th Aug. 1787 I arrived here, my dearest Life, about an hour ago with Colo. Hamilton, whom I met at the Hook. We escaped a heavy thunder gust, which gave us Chase, about an hour before we reached the City. We had a cool ride, free from Dust, and I am not fatigued-How is my dearest Girl, her little pet, and family Friends/ An answer to such questions as these, is more interesting to me than all the delusive prospects of pleasure or Happiness from other quarters. When I went to Bed last Evening, I began to reproach myself and have continued to do so ever since, for leaving behind my little Comforter, in the Absence of my lively Friends. I mean her portrait. How happened it to escape your Memory as well as mine! I think such another Accident will not soon happen to me. Miss Dally informs me she has some very good Hyson at ro/3 this Currency which is a Dollar and a half by the half Dozen-inclosed is a Sample and if it suits inform me in your next of what quantity to take. Miss Dally thinks it more difficult to preserve the Flavour of Hyson than of the black Tea. How shall it be preserved/ I have had some Conversation with Col. Hamilton, respecting the last bill drawn by Mr. Harrison, and as We are both at Miss Dally's, I shall have a good Opportunity to perfect it soon. He expects to return in a Week to New York and I hope to send it by him. I likewise entered into the Merits of the other Bill, but found as your pappa has always said and as Colo. Hamilton himself acknowledged, tho he knew little or nothing of the Matter, he depends on Mr. Harrison for Information, but there must be other Dependance. I shall think upon the state of this Matter & write your pappa thereon. Adieu my only Source of Happiness, kiss our lovely little Girl for me whenever you kiss her for yourself and with my sincerest Regards to pappa Mamma and the Family believe me to be your ever affectionate E. Gerry ALS (Sang Collection, Southern Illinois University) 215

FRIDAY, AUGUST ro, 1787

GEORGE WASHINGTON: DIARY

Friday roth. Dined (after coming out of Convention) at Mr. Binghams and drank Tea there. Spent the evening at my lodings. ELBRIDGE GERRY TO ANN GERRY

Philadelphia roth August 1787 I called, my lovely Girl, on Mrs. Carney after Dinner for the Articles left in her closet, and she made a particular Enquiry for yourself and the baby. She was glad to hear you were both well and wished to see you but said you had acted judiciously in not returning this Month, for it has been very sickly since We left the City with Young Children, a great Number of whom had dyed. There was scarcely a Day she said passed without her seeing some carried by her Door-I then went to Mrs. Bond, who was very particular in her Enquiries about Yourself and Miss Gerry, as well as her young Ladies and Mr. Bond. She had heard from them of the Attentions paid them in New York, and inquired whether they had called often on you. I told her, not, and that you had complained of it. She was very friendly and desired me to call frequently and in a familiar Manner, as We had done before. Fanny is in the Country, and Mrs. Cadwallader is well, but I did not see her. She is preparing to exchange her House for her Mamma's and they are to remove soon. The president, Major Butler, Colo. Langdon, Governor Rutledge and a number of others made very particular Enquiry for You and send their Compliments-inclosed are three Letters which I found here for You-Mr. Warren's was under Cover to me, which was the Cause of it's being opened. I had forgot to mention that Mrs. Bond was pleased to hear You had remained in New York, saying, the City was very unfavorable at present for Children. Thus my dearest Life, what We have adopted with Respect to your remaining in New York, appears to be fortunate as it relates to our darling Infant. I have not had Time to call on any of the high orders as yet, and I think I shall not be able to devote much Time to unnecessary and unprofitable Etiquette. Adieu my dearest Life, may the best of Heaven's Blessings ever attend you and yours the valuable pledge of your Affection, and with my usual 2I6

FRIDAY, AUGUST

10,

1787

regards to our Friends of the Family and be assured affectionate E. Gerry Aug 'rr

217 am ever your

I am favoured my Love with yours of the 9th to which I shall reply in my next-You make no Mention of Miss Bonds, have they called on you since I left New York. I fancy when they return, I shall make myself scarce.

ALS (Sang Collection, Southern Illinois University)

SATURDAY, AUGUST

II,

1787

GEORGE WASHINGTON: DIARY

Saturday I Ith. In Convention. Dined at the Club at Springsbury and after Ten returnd. home.

218

SUNDAY, AUGUST

12,

q87

GEORGE WASHINGTON: DIARY

Sundary 12th. Dined at Bush hill with Mr. William Hamilton. Spent the evening at home writing letters.

RICHARD DOBBS SPAIGHT TO jAMES IREDELL'

Philadelphia, August 12th, 1787. Dear Sir: -The Convention having agreed upon the outlines of a plan of government for the United States, referred it to a small committee to detail: that committee have reported, and the plan is now under consideration. I am in hopes we shall be able to get through it by the I st or I sth of September. It is not probable that the United States will in future be so ideal as to risk their happiness upon the unanimity of the whole; and thereby put it in the power of one or two States to defeat the most salutary propositions, and prevent the Union from rising out of that contemptible situation to which it is at present reduced. There is no man of reflection, who has maturely considered what must and will result from the weakness of our present Federal Government, and the tyrannical and unjust proceedings of most of the State governments, if longer persevered in, but must sincerely wish for a strong and efficient National Government. We may naturally suppose that all those persons who are possessed of popularity in the different States, and which they make use of, not for the public benefit, but for their private emolument, will oppose any system of this kind.

ELBRIDGE GERRY TO SAMUEL GERRY

Philadelphia 12 Aug 1787 Dear I am favoured with yours of July 8th and since the Receipt of it have been to New York to accompany Mrs. Gerry and her baby, with whom 1. Farrand (3:68) omitted the final two sentences, which are printed from Griffith J. McRee, The Life and Correspondence of James Iredell, 2 vols. (New York, 1857-58), 2:168.

219

220

SUPPLEMENT TO FARRAND'S RECORDS

this City did not very well agree. Indeed the Convention adjourned for about ten Days and We improved the Opportunity to take an airing. I have left them there by the Advice of all her Friends, as the Heat of Philadelphia in the Month of August might prove injurious to our Infant. ... The Convention will probably agree in a Constitution which will have some Force, but I am not at Liberty yet to make any Communications. My Regards to Mrs. Gerry, your Family and all our Friends and be assured I am ever yours sincerely E. Gerry. ALS (Massachusetts Historical Society)

MONDAY, AUGUST 13, 1787

GEORGE WASHINGTON: DIARY

Monday 13th. In Convention. Dined at Mr. Morris's, and drank Tea with Mrs. Bache, at the Presidents.

221

TUESDAY, AUGUST 14, 1787

The Members of the Legislature shall be inelligible to any Office to which pay is annexed except in the Army Navy or foreign Ambassies; and in case of such appointment and during the time of Service they shall Vacate their Seats. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Tuesday 14th. at home.

In Convention. Dined, drank Tea, and spent the evening

ELBRIDGE GERRY TO ANN GERRY

Tuesday Evening Phila. 14th Augt. I am very anxious for the Health of my dearest Girl and her lovely Infant in consequence of your letter of the r 2 th reed this Day. Let me in treat You, upon the Receipt hereof, to ride every Day with the Baby, until You are both recovered. The Morning before the Heat comes on, is the best Time: but your Arrangement must be such as to reduce it to a Certainty You will be in before the Heat rises [/]. Should you neglect it in the Morning be Sure to ride in the Evening, for nothing will serve either of you so much as Exercise: and if You find the least Difficulty about a Carriage, hire a Hackney. What a question You have proposed respecting your little Imagewhether I should not have thot you vain in proposing that I should take it/ Should I at this period think you vain for supposing You have my sincerest Affection/ For supposing that I am never happy without You! For supposing when you are with me, my Joys are doubled and Sorrows divided/ Would you entertain then a Doubt that in your absence your I. The eligibility of legislators for offices in other branches of government was extensively debated on this date as well as on September I and 3 (Farrand, 2:283-90, 484, 489-92). The present motion, from the Pierce Butler papers, appears to be in Butler's hand.

222

TUESDAY, AUGUST 14, 1787

223

Miniature would be the best Relief next to that of reading your letters and knowing this, knowing that my Happiness would be promoted by seeing it, how could You be supposed vain in rendering me such an act of Kindness! I know and revere You my life for your Delicacy, but have you not in this extended it a little too far! Mr. Martin I saw at Convention: he rode from Trenton in the forenoon and had nearly fainted when he dismounted, on account of the Heat. I called on Mrs. Martin this Evening but did not find her at her Lodgings. This City is now and has been for several Days excessive hot. Your Bill shall be honored for the Bodricks[i]. The Tea I shall not take, but shall comply with your Wishes, if I should find any better. I think you conducted perfectly right with respect to your Uncle. Would it not be best lest Child Should not be accurate in delivering your Message, to send him a line informing him of your Reasons for not accepting a partial payment, and that You had thus communicated them to prevent Mistakes or any misconstructions! I was writing to you on Sunday Morning, but I should have Spent the Day in Festivity, had I known it had been your Birth Day. God Grant my lovely Nancy, You may Live to see birth Days repeated, until Satiated with the Happiness of this Life. You ardently pant for that which is more compleat and permanent. Colonel Hamilton returns to New York tomorrow Morning. I have with him gone thro the Bill for settling the residuary Estate of Mary Walters, having made some material Alteration. Others proposed, he thinks it best to communicate on principles of Delicacy to Mr. Harrison before he adopts them; and having taken the Bill with your pappa's Notes and the Will to New York, he has promised me to see your pappa and Mrs. Harrison on arriving there and to make the necessary Alterations. I have sent by him a pamphlet on female Education. I should write your pappa had you not mentioned his Absence but you will communicate this on his Return. I was on Sunday Evening at Mrs. Cadwalladers with Major Butler and General Wayne. Mrs. Bond was also there and the Ladies made very particular enquiry about you and the Baby. They desired me to be frequent in my Visits and to give their Regards to you. Wayne says he saw Mrs. Reed in South Carolina; that she has lost her Colour entirely and has a sallow Appearance; and that Reed having frequently boasted there of his powers in Gallantry is chagrined exceedingly at having no prospects favourable to their Wishes. The Miss Bonds have wrote to their Mamma desiring her to give Information to their Brother that the Weather is too hot for him to return here at present: but their Sister observed on it, that they could not expect a Continuance of such Attention and did not view them in the proper light.

224

SUPPLEMENT TO FARRAND'S RECORDS

I was last Evening at Mrs. Morris: who was very particular and so was Mr. Morris about you and the Baby. General Mifflin inquired this Morning whether you was in Town, as he heard different Stories about it and Mrs. Mifflin wished to call on you. I informed him you was not and altho I have a great Respect for Mrs. Mifflin I certainly shall not call on her, because this is too much like Philadelphia Hospitality. I am very sure it is his Maneuvre not hers. Adieu my dearest Life, my Regards as usual to the Family, kiss little poppet heartily for both of us & be assured I am ever yours affectionately E. Gerry ALS (Sang Collection, Southern Illinois University)

WEDNESDAY, AUGUST 15, 1787

GEORGE WASHINGTON: DIARY

Wednesday I sth.

The same-as yesterday.

225

THURSDAY, AUGUST 16, 1787

GEORGE WASHINGTON: DIARY

Thursday I 6th. In Convention. Dined at Mr. Pollocks & spent the evening in my chamber. THOMAS McKEAN TO WILLIAM ATLEE

... The Convention is still sitting; nothing transpires. I am tired feasting with them. Some say, they will continue together about two more weeks, others say two months. . . ALS (Library of Congress)

226

FRIDAY, AUGUST q, q87

GEORGE WASHINGTON: DIARY

Friday 17th.

In Convention. Dined and drank Tea at Mr. Powells.

ELBRIDGE GERRY TO ANN GERRY

Fryday Philada. 17th Aug. 87 My dearest Girl I was at the City Tavern the last Evening, at the Time of Mr. King's arrival & read your letter with the four inclosed. I am with You very much greived at the Accounts Mr. Warren gives of Mrs. Russell and wish You would write her on every Opportunity. Inclosed is a line to the postmaster respecting the postage, which being either a Mistake or Imposition, must be refunded. I am extremely pleased with the Letter from our lovely Friend in Dublin and shall inclose my answer to you by the earliest opportunity. I feel very much for Mrs. Knox, and the affection which we mutually feel for our Infant must produce Sympathy for the Loss of hers. I anticipated your Intentions of riding, or rather the necessity of the measure, in my last and I think it will be necessary to guard against the Coolness and dampness of Mornings and Evenings, and also of the house when washed, which is very apt to injure adult persons, much more Infants. The baby should not be carried in a Room the day it is washed. I have a Servant recommended to me, but he does not suit. He cannot Drive, and seems to be fearful of doing too much. Some Members of the convention are very impatient, but I do not think it will rise before three Weeks. I am done thinking of the Miss Bonds; they are quite giddy and will require Time to recover their senses. Inclosed is a letter from your Brother Robert, whose Accounts of the hurricane are very distressing. I have called four times on Mrs. Martin, without finding her at home. Mr. Hazzelhurst inquired for you a day or two since and apologized for not knowing You was in Town. He and Mrs. and Miss Hazzlehurst called at your lodgings as soon as they heard of it, but you was gone. He is an englishman, and whether this is philadelphia economy or not, I will not undertake to determine but by his frankness am disposed to think otherwise. One of the letters you inclosed was from Mr. Fayerweather, who says, Mr. Prentice has put into the Barn roo bushells at least of good rye, 227

228

SUPPLEMENT TO FARRAND'S RECORDS

and that the hay, corn, buckwheat and apple trees are very promising. Mrs. Miss and Mr. Jack Fayerweather, with all the neighbours desired their best respects to yourself and Miss Thompson. Adieu my dearest Life, take Care of yourself, our lovely infant I know will be faithfully attended. Kiss her always for me and yourself and with my sincere Regards to all your Family be assured I am ever your most affectionate E. Gerry Was the cover of the letter stamped with the Word "Boston"; if not it was put on in New York. Desire your Brother to deliver the Letter to the postmaster and receive his answer: and if it should be in the negative, to inform him I shall consider this a gross Imposition and inform of it to proper Authority. ALS (Sang Collection, Southern Illinois University)

SATURDAY, AUGUST r8, q87

GEORGE WASHINGTON: DIARY

Saturday I 8th. In Convention. Dined at Chief Justice McKeans. Spent the afternoon & evening at my lodgings. GEORGE WASHINGTON: ANECDOTE

In response to Gerry's motion of this day that no standing army exceed 3,000 men (Farrand, II, 329), Washington is alleged to have suggested a counter-motion that "no foreign enemy should invade the United States at any time, with more than three thousand troops." (Paul Wilstach, Patriots of/Their Pedestals [reprinted., Freeport, N.Y., 1970], 29)

229

SUNDAY, AUGUST 19, q87

GEORGE WASHINGTON: DIARY

Sunday 19th. In company with Mr. Powell rode up to the white Marsh. Traversed my old Incampment, and contemplated on the dangers which threatned the American Army at that place. Dined at German town. Visited Mr. Blair McClenegan. Drank Tea at Mr. Peters's and returned to Philadelphia in the evening.

RoGER SHERMAN To HENRY GIBBS

Philadelphia Aug. 19th 1787 . . . I hope the Convention will rise by the last of this month, but it is uncertain . . . . ALS (Yale University Library)

2JO

MONDAY, AUGUST

20,

1787

PIERCE BuTLER: MoTION 1

And to make all Laws, not repugnant to this Constitution that may be necessary for carrying into execution the foregoing powers and such other powers as may be vested by this Constitution in the Legislature of the United States. P. Butler PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Monday 2oth. In Convention. Dined, drank tea and spent the evening at Mr. Morris. NATHANIEL GORHAM TO NATHAN DANE

Philadelphia Aug. 20 I787 Dear Sir . . . The Proprietors of a large library in this place have complimented us with the use of it. We sometimes saunter there for amusement. Among other books are large treatises on Heraldry. Mr. King and I have sometimes diverted ourselves in looking for the coats of Arms of most of our Acquaintances. 2 Among others we found the name of Dane, as per the inclosed Sheet. Believe me to be very sincerely Yours. N. Gorham ALS (New England Historic Genealogical Society)

1. Madison indicated that the "necessary and proper" clause, contained in the Committee of Detail report of August 6, was considered and approved on this day. The present motion, written and signed by Butler, but not introduced, was apparently prepared as a substitute for the Committee of Detail language (Farrand, 2:344-45). 2. As noted above Ouly 7), King also diverted himself by borrowing from the Library Company of Philadelphia "Grosse's Voyages 2 vols. and Andrews' letters on France." Luther Martin borrowed "Jones' Asiatic Poems."

2J I

TUESDAY, AUGUST 2r, q87

MoTIONS 1

I.

The Legislature shall fulfill the Engagements 2 of the United States and consider themselves equaly bound as Congress now are to the Creditors of the same.

II. All demands either of States or Individuals against the United States shall be as good and valid under this present Government as the former and all the duties and authority of Congress in this behalf shall devolve upon this Legislature. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Tuesday 2 r st.

Did the like this day also.

jOHN FITCH TO WILLIAM SAMUEL jOHNSON

Philadelphia 21 August 1787 Honored Sir: Gratitude compells me to return you my sincere thanks for the honor you did me yesterday in calling to see my works, as the Countenance of such exalted Characters must give energy to any undertaking. I humbly beg leave thro' yourself to return my thanks to the Honourable Gentlemen that accompanied you and pray the further countenance and patronage of I. The extent of the new government's obligations to pay its debts and those contracted by the states and Congress during the Confederation period was debated between August I 8 and 25. The two motions printed here-the first in Butler's hand, the second in a hand unidentified-were apparently prepared during this period, probably between August 2 I and August 25 (Farrand, 2:325-26, 355ff.). They are among the Butler Papers in the Library of Congress. 2. The superscription "foreign" was added before this word, apparently at a different time.

232

TUESDAY, AUGUST 2r, 1787

233

yourself and those Worthy Gentlemen in bringing to perfection so great an undertaking as I now have on hand. Pardon me Sir for saying no more than that I am. Your most Devoted and very Humble Servant John Fitch ALS (Connecticut Historical Society)

ELBRIDGE GERRY TO ANN GERRY

Philadelphia 2 r st August 78 I made the same Mistake my dearest Girl respecting the post that You did, and went myself to the Stage House, but could not find an Opportunity to transmit a letter. I am happy to hear that you & our dear infant are well, God grant that You may continue so: I was really uneasy at not hearing from You on friday or Saturday. I was at Mrs. Bonds on Sunday evening where I found Mrs. Cadwallader. They interrogated me on my not calling oftener on them and were very kind in every respect particularly in their inquiries about you and the baby. I perfectly agree with you in your observations on the conduct of certain persons. I think their friends, was it known would be much displeased with them: I mentioned in my last that I had received my little friend and Companion, who presents herself to my view every morning and evening regularly for a kiss. We cannot fortell or forsee the Decrees of Omnipotence respecting our existence, that is a matter which he wisely conceals from mortals: but I do not expect a long life, my constitution appears not to be formed for it, and such as it is, constant attention of one kind or another pray on it: but if anything makes life in the least desirable it is you, my dearest girl and our lovely offspring. Detached from your comforts, life to me Would be a source of evils. When troubles occur now, I reflect that they are of no consequence, compared with the happiness resulting from my little family. This opens a prospect which satisfies every Desire. Your pappa is in the Instance you mention too sudden; he desired me to see H ami/ton and Doctor Johnson and I saw them both. Hamilton was disposed to all the alterations proposed and made several: but as some required an alteration of the State of Facts in consequence of your pappa's minutes, Hamilton said he would have that done in New York as soon as he arrived, first consulting your pappa and seeing him with Harrison. He thot that as Harrison drew the Bill, delicacy required such a mode of proceeding, and indeed I should have conducted in the same manner had the case been my own. I think it would be best for your pappa to meet them, and after they have made the alteration, I will consult Doctor Johnson, if he will send the Bill and Will. I see their design of procrastination, but these things have their course,

234

SUPPLEMENT TO FARRAND'S RECORDS

and cannot be too much hastened. Who married Miss Sukey Van horn! Do I know him/ I am as sick of being here as You can conceive. Most of the Time I am at Home or in convention. I do not think in a Week I am ten hours any where else. We meet now at ten and sit till four: but entre nous, I do not expect to give my voice to the measures. Tell your mamma and the young ladies I am surprized to hear such Accounts of them: what is the matter with your brother. Kellus appears to be very industrious. He lived with Stevenson, his wife's Mother was named Fischer, but is now married to John Cuyler who as well as Stevenson live in the Bowery. Is Mr. Osgood's Man really sick/ I desired your pappa to request You to take care of him. I would have you hire a coach when you want one. Major Butler informs me of Mrs. Butlers arrival at Newport in 48 hours: she desired particularly her compliments and mentioned our letters as acts of friendship and politeness. Inclosed is the letter from our lovely Friend at Dublin and the answer which you will seal and send to her: also your brother Roberts Letter. Adieu my dearest Life, kiss heartily our dear little poppet for me, and with my regards to your mamma and all the family be assured I am ever your sincere and affectionate E. Gerry ALS (Sang Collection, Southern Illinois University)

WEDNESDAY, AUGUST

22,

1787

GEORGE WASHINGTON: DIARY

Wednesday 22d. In Convention. Dined at Mr. Morris's farm at the Hills. Visited at Mr. Powells in the Afternoon.

235

THURSDAY, AUGUST 23, q87

GEORGE WASHINGTON: DIARY

Thursday 23d. In Convention. Dined, drank Tea & spent the evening at Mr. Morris's.

WILLIAM PATERSON TO OLIVER ELLSWORTH

New Brunswick, 23d. August, 1787. What are the Convention about/ When will they rise! Will they agree upon a System energetick and effectual, or will they break up without doing any Thing to the Purpose/ Full of Disputation and noisy as the Wind, it is said, that you are afraid of the very Windows, and have a Man planted under them to prevent the Secrets and Doings from flying out. The Business, however, is detailed, I hope you will not have as much Altercation upon the Detail, as there was in getting the Principles of the System, if you should, Patridge himself, if Patridge was alive, would not be able to foretell the Time of your rising. I wish you much Speed, and that you may be full of good Works, the first mainly for my own Sake, for I dread going down again to Philada.My Compliments to all your Fellow-Labourers under the Same RoofFarrand, 4:73

]AMES McHENRY To PEGGY McHENRY

Philadelphia 23 August q87 My dear Peggy It is altogether uncertain when the Convention will rise; but it is likely to be about three weeks hence .... Your uncle has at length assigned his effects to his creditors; but I understand he does not intend to avail himself of the bankrupt act which I think he ought to do .... PHOTOSTAT (Library of Congress)

THURSDAY, AUGUST 23, 1787

237

WILLIAM SAMUEL jOHNSON TO jOHN FITCH

Thursday Afternoon 23d August Dr. Johnson presents his Compliments to Mr. Fitch and assures him that the Exhibition yesterday 1 gave the Gentlemen present much satisfaction. He himself, and he doubts not the other Gentlemen, will always be happy to give him every Countenance and encouragement in their Power, which his Ingenuity and Industry entitles him to. ALS (Library of Congress)

1. At least two members of the Convention-James Wilson and Robert Morris-were financial backers of Fitch. He demonstrated his steamboat on the Delaware River on August 22 before (by his account) almost all of the Convention members. On September 5 Fitch wrote Edmund Randolph, inviting the "Honorable Members of the Convention to make a short Voyage in the Boat," which would "be ready the beginning of next week." Apparently, no collective cruise occurred, but Oliver Ellsworth had gone aboard Fitch's boat before he departed the Convention on August 23 (Fitch to Randolph, September 5, 1787, Library of Congress; Franklin B. Dexter, ed., The Literary Diary of Ezra Stiles, 3 vols. [New York, 1901], 3:279).

FRIDAY, AUGUST 24, q87

GEORGE WASHINGTON: DIARY

Friday 24th.

Did the same this day.

SATURDAY, AUGUST 25, 1787

No Regulation of Commerce or Revenue shall extend to giving the Ports of One State any preference to those of another State. Nor to oblige Vessels bound to or from one State, to pay any Toll or Duty in any other but the State they may have cleared out for. Neither shall they meet with any Stopage Molestation or Hindrance from the Ports or Batteries of any other State. The Legislature of the different States shall have full power to Establish such ports of Entry and Clearance in their Individual States as they may think proper. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Saturday 25th. In Convention. Dined with the Club at Springsbury & spent the afternoon at my lodgings.

WILLIAM LIVINGSTON TO jOHN TABOR KEMPE

Philadelphia 25 August 1787 Sir I received your letter of the r rth of April a few days before I set out the second time for this place as a member of the federal convention of the United States. Having left that Body for a week to adjust my private affairs which were rather deranged when I joined it as I had been previously a 1. On this day motions were introduced prohibiting preferential commercial regulations and governing the establishment of ports of entry. These "several propositions" were referred, the same day, to a committee which reported, August 28, a resolution resembling the first part of the motion printed here. This motion must, therefore, have been submitted to or generated by the committee, of which Butler was a member, on or shortly after August 2 5. The motion appears to be in Butler's hand; another draft motion, almost identical but in another hand, is in the Butler papers (Farrand, 2:417-

18, 437).

239

240

SUPPLEMENT TO FARRAND'S RECORDS

month at Burlington with our Legislature and went from thence to the Convention without returning home it was impossible for me to enter upon the agreeable task of serving you. TR (Massachusetts Historical Society)

SUNDAY, AUGUST 26, q87

GEORGE WASHINGTON: DIARY

Sunday 26th. Rode into the Country for exercise 8 or 10 miles. Dined at the Hills and spent the evening in my chamber writing letters. ]AMES McHENRY TO PEGGY McHENRY

Philadelphia 26 August 1787 My dear Peggy. . . . I am now going to drink tea at your aunts after which I propose to spend half an hour in the state house walks, and then return home to finish the evening with the poetic and ingenious Haley. I am very much pleased with this writer and wish that I could send you all that he has published, but I do not believe that his works are to be had in town .... PHOTOSTAT (Library of Congress)

ELBRIDGE GERRY TO ANN GERRY

Phila. 26 August In consequence my dearest Life of your Letter of the 22d I have paid off Kellus and he goes this day for New York. He behaved very well while with me, but is totally unqualified for a house Servant. He proposes to wait on you with recommendations, but I am doubtful whether he understands anything of coachmanship. If he does, I would risque his drinking unless you think it is hazardous: indeed a driver never should be subject to a failing of this kind: and I suspect he is too much in this way, because one of his recommendations says, "he is generally sober"-you can therefore direct him to call when I return to N. York. I fear my dearest Girl, You do not exercise eno. This Season never agrees with You, I very well know, but was you to ride, bath in the Evening and leave off tea, I think you would find yourself better. You mistook my meaning with respect to my Lodgings: I meant my situation as a delegate was uneasy: I am exceedingly distrest at the proceedings of the Convention being apprehensive, and almost sure they will if not altered materially lay the foundation of a civil War. This entre nous. I hope you will meet with a (indecipherable] to

242

SUPPLEMENT TO FARRAND'S RECORDS

your liking: the Stays I have and propose to send them by Vans whom you will notice. I sent a letter every post Day last week, those dated the r 7th were sent on Monday: and yet you seemed to think I did not write as often as usual. Have the letters miscarried? I am unhappy that any low Spiritedness of mine should have so distressed my dearest nancy. On Monday & tuesday I was fatigued and rather unwell, but am recruited since. I never was more sick of any thing than I am of conventioneering: had I known what would have happened, nothing would have induced me to come here. I am and must be patient a little longer. Inclosed is another letter to our dublin friend, and an account of a hurricane which begun in Marlboro in Massachusetts and extended to weston, about 6 or 8 Miles from our House. Mr. Codman is here and says there are no hopes of Mrs. Russel and Miss Lever is in the same Way: he says she is very much emaciated and appears to be in a deep decline. I am very much afraid that She has been imprudent and if it is the case I shall pity her exceedingly. Mr. Vance says Mr. Tracy is still out, and that a Widow Lady of Newburyport Mrs. Amory put all her property into his hands amounting to about £ro,ooo our Currency, and is obliged to take her [three indecipherable words] from the want of property. But these are such delicate Subjects they will not bear mentioning unless between ourselves. [Name indecipherable] is returned and made a good Voyage: he accidentally put into some port where his cargo was wanted & made an expeditious and good sale. I dined at Mr. Morris' on Thursday, and he and Mrs. Morris made particular Enquiry. The Attentions to the convention ladies seems nearly at an End. I do not know but what it will be a pleasing reflection that we have not fatigued our philadelphia friends. I am very much concerned for your mamma. What is her complaint? Engage her to return with us to Massachusetts if possible. I think the Air will be a service to her. I long to see you my dearest Life & our little charmer as you justly call her [indecipherable phrase]. Kiss her for me so long as you can make it agreeable to her and be assured I am at all Times and on every occasion. Yours affectionately E. Gerry ALS (Sang Collection, Southern Illinois University)

ABRAHAM LANSING TO ABRAHAM YATES

August 26 1787 Dear Sir The Judge and my Brother have attended the Circuit in Montgomery County, from which place the former returned but two Days and will in the Morning go to Washington County to hold a Court. I find but little Inclination in either of them to repair again to Philadelphia and from their

SUNDAY, AUGUST 26, 1787

243

General Observations I believe they will not go. Early in the Commencement of the Business at Philadelphia, my Brother informed me that he was in sentiment with a respectable Minority of that Body, but that they had no prospect of succeeding in the Measures proposed and that he was at a stand whether it would not be proper for him to leave them. This Circumstance convinces me the more that they will not again attend. Mr. Hamilton will consequently be disappointed and chagrined. We have reports here that Mr. Paine (Common Sense) is employed to write in favor of the British form of Government and that the system which will be recommended to the States will be similar to that Constitution the Kingly part excepted. Your Intercourse with the high prerogative Gentlemen will enable you to learn at Least the outlines of the Government which we are in their Ideas to adopt or sink into Oblivion. The situation of our Country is critical and truly alarming. If we once get fairly in Confusion it is hard to say where we will stop . . . . ALS (New York Public Library)

MONDAY, AUGUST 27, q87

UoHN BLAIR I] 1: DRAFT REsoLUTioN

The Judicial power of the United States, shall be vested in one (or more) Supreme Court(s of Law, Equity or Admiralty and one Court to be established and sit at the place where Congress shall sit) (and in such Courts of Admiralty as Congress shall establish in any of the States)-and also (one) (in) Court(s) of Admiralty to be established (in each State-the Judges of which 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-and no such Judge shall be capable of holding or exercising by himself or others, any other office under the United States or any of them-Nor have during-nor shall be appointed to any other such office whose emoluments are of greater valuewithin three years after a resignation of his office as Judge) (in such of the States as Congress shall direct)The Jurisdiction of the Supreme Courts shall extend to all Cases in Law & Equity (and admiralty and maritime Jurisdiction) 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 Citizens of the Same State (Persons) claiming Lands under Grants of different States, and between a State and the Citizens thereof and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls-and those in which a state shall be a party (and Suits between persons claiming Lands under Grants of different States) the Supreme Court shall have original jurisdiction-And in all the other Cases before mentioned the Supreme Courts shall have appellate Jurisdiction as to Law onlyexcept in Cases of Equity and Admiralty and Maritime Jurisdiction in 1. The attribution to Blair, on the basis of what evidence is unknown, was made by an unidentified hand in Mason's papers in the Library of Congress. Farrand was evidently unwilling to accept the attribution. Parts crossed out in the original are indicated by parentheses; Mason's emendations are enclosed in angle brackets.

244

MONDAY, AUGUST 27, 1787

245

which last mentioned Cases the Supreme Court shall have appellate Jurisdiction, both as to Law and FactIn all Cases of Admiralty and Maritime Jurisdiction, the Admiralty Courts appointed by (the) Congress shall have original Jurisdiction, and an Appeal may be made to the Supreme Court of Congress for any Sum and in such manner as Congress may by law direct. In all other Cases not otherwise provided for the Superior State Courts shall have original Jurisdiction, and an Appeal may be made to the Supreme (Federal) Court (of Congress) in all Cases where the Subject in Controversy-or the Decree or Judgment of the State Court shall be of the value of one thousand Dollars and in Cases of less value the Appeal shall be to the High Court of Appeals, Court of Errors or other Supreme Court of the State where the Suit shall be tryedThe Trial of all Crimes, except in the Case of impeachment shall be in the Superior [Court] of that State where the offence shall have [been] committed in such manner as the Congress shall by Law direct, except that the Trial shall be by a Jury-But when the Crime shall not have been committed within any one of the United States the trial shall be at such place and in such Manner as Congress shall by law direct, except that such Trial shall also be a Jury. Farrand, 4:54-56

GEORGE WASHINGTON: DIARY

Monday 27th. Mr. Powells.

In Convention. Dined at Mr. Morris's and drank Tea at

TUESDAY, AUGUST 28, q87

Wheresoever any person bound to service or labour in any state, shall flee into another state (it shall be lawful for the person entitled to such service or labour to reclaim and recover him) he shall not be thereby discharged from such service or labour: but the legislatures of the several states shall make provision for the recovery of such person. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Tuesday 28th. In Convention. Dined, drank Tea, and spent the evening at Mr. Morris's.

jAMEs McHENRY TO PEGGY McHENRY

Philadelphia, 28 Augt. 1787 My dear Peggy It is extremely distressing to me to be under the necessity to remain a day longer in this place, where I find no enjoyments whatever and am even without the satisfaction of knowing that what I am assisting in will meet the approbation of those who sent me hither. The only consolation which arises to me is from a hope that my stay will be of shorter duration than I have suggested, when I look to home to repay me for the sacrifice I am making of my happiness. . . . PHOTOSTAT (Library of Congress)

1. This motion, in the Pierce Butler papers though not in Butler's hand, was related to his and Charles Pinckney's effort, August 2 8, "to require fugitive slaves and servants to be delivered up like criminals." Butler withdrew the proposal "in order that some particular provision might be made apart from this article." The next day he successfully moved the adoption of a fugitive slave clause, which with some alteration was included in article 4, section 2, of the Constitution (Farrand, 2:443, 453-54).

WEDNESDAY, AUGUST 29, q87

GEORGE WASHINGTON: DIARY

Wednesday 29th.

Did the same as yesterday.

ELBRIDGE GERRY TO ANN GERRY

Wednesday Aug. 29 What is the Cause my Dearest Love that you are of late so liable to fainting? I am quite distressed about it. If you do not find relief soon, I shall quit the convention, and let their proceedings take their chance. Indeed I have been a Spectator for some time; for I am very different in political principles from my colleagues. I am very well but sick of being here; indeed I ardently long to meet my dear nancy. I think we shall not be here longer than a fortnight, and if it was possible I would leave this place immediately. I wrote three or four letters last week, and this is the fourth this Week, including one that accompanies the Stays. I am very sure I did not send a letter without franking it, and think the cover must have been taken off. There are a se~ of beings here capable of any kind of villainy to answer their purposes and I think they need not open this letter, to know my opinion of them: but if that measure is necessary, they have my permission. I think they have intercepted some before, and that a person who is a notorious turn-coat knows the contents. If he should open this he will know who I mean, by his interrogating me whether I had heard from a particular friend. I will seal with my Cypher in future. Adieu my dearest Girl, let me hear that you are happy and I may bid defiance to any injuries from politics. Kiss our little darling, give my regards to all Friends and be assured I am your most affectionate E. Gerry • If you conclud to take the silk or as much of it as is wanted I will not look farther. ALS (Sang Collection, Southern lllinois University)

247

248

SUPPLEMENT TO FARRAND'S RECORDS

ABRAHAM YATES, jR., TO jEREMIAH VAN RENSSELAER AND HENRY AcTHANDT

New York 29 August 1787 Mr. King was here the beginning of the Week before last told me the Convention would he supposed Report by the first of September, last Week it was reported (in the Congress Room) that a Misunderstanding had happe'd In this Convention, that they were now so far from agreeing that it would be a doubt whether they would agree in time so as that this Congress can take up the Matter-Since I have been informed that there is an additional Difficulty Ariseing from the Massachusetts Members, all along four have attended, one of the four (I Suppose a high flier) is gone home, the Others Refusing to agree to what was Intended to be reportd. These are Information I have Picked up from the Members of Congress and I begin to Suspect that the Secrecy has a Stronger operation upon me (my Sentiments being so well known) as upon others that Differ. Upon the whole I belive You had better not make this public as coming from me but to keep it among the frnds it may be good information to Yates and Lansing. Farrand, 4:74

THURSDAY, AUGUST 30, 1787

OBJECTIONS TO THE CONSTITUTION'

August the 3oth Objections to the Constitution as far as it has Advanced rst. No privilige is given to the House of Representatives, which by the way are too few, in disposition of money; by way of counter ballance to the permenent condition of the Senate, in the circumstances of duration, power, & smallness of Number. 2d. The expulsion of members of the Legislature is not sufficiently Checked. 3d. The inequality of Voices in the Senate is too great. 4th. The power of Raising Armies is too unlimited. 5th. The sweeping Clause absorbs every thing almost by Construction. 6th. No Restriction is made on a Navigation Act and certain Regulations of Commerce. 7th. The Executive is One. 8th. The power of pardon is Unlimited. 9th. The appointment to Office will produce too great influence in the Executive. IOth. The Jurisdiction of the Judiciary will swallow up the Judiciaries of the States. I Ith. Duties on Exports are forbiden but with the assent of the General Legislature of the U.S. PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Thursday 30th.

Again the same.

1. From the Pierce Butler papers and in Butler's hand, but evidently copied from a document prepared by another delegate, for the objections contain remonstrances against provisions--a single executive-which Butler strongly favored. Many of the objections appear with amplification in George Mason's statement of September 15, leading to the assumption that they were formulated by the Virginia delegate (Farrand, 1:88-89, 2:637-40).

249

250

SUPPLEMENT TO FARRAND'S RECORDS

BENJAMIN RusH To TIMOTHY PICKERING

August 30, 1787. The new federal government like a new Continental waggon will overset our State dung cart, with all its dirty contents (reverend, and irreverent) and thereby restore order and happiness to Pennsylvania. From the conversations of the Members of the Convention, there is reason to believe the foederal Constitution will be wise-vigorous-safe-free-& full of dignity.-General Washington it is said will be placed at the head of the new Government, or in the stile of my simile, will drive the new waggon. Farrand, 4:7 5

JOHN DICKINSON TO POLLY DICKINSON

August 30, 1787 September, when of middle the about finish shall we ... It is expected, 1 hope, the sight of you and our dear dear Children in Health will give inexpressable Delight to Your truly affectionate John Dickinson ALS (Historical Society of Pennsylvania)

FRIDAY, AUGUST 31, q87

GEORGE MASON: ALTERATIONS PROPOSED'

The Council of State, instead of being formed out of the Officers of the great Departments-to consist of not less than five, nor more than seven Members, to be constituted and appointed by Law; or by 2/3ds. of the Senate, 2 with a duration & Rotation of Office, similar to that of the Senate. The Objects of the National Government to be expressly defined, instead of indefinite powers, under an arbitrary Constructions of general Clauses. Laws disapproved by the Executive, not to be reinacted, but by a Majority of 2/3ds. instead of 3/4ths. of the Legislature. No Laws, in the Nature of a Navigation Act, to be passed, but by a Majority of 2/3ds. of the Legislature. The Duties imposed upon Imports, by the National Government, to be the same in all the States. 3 The Legislature to be restrained from establishing perpetual Revenue. Laws for raising or appropriating Revenue, or fixing the Salleries of Officers, to originate in the House of Representatives. I. From the Pierce Butler papers. A briefer version of this document-the last two articles missing, the order different-in James Madison's hand, dated at the bottom edge of the page, August 3 I, 1787, is in the Madison Papers, Library of Congress. See Farrand, 4:56-57. On the back of the document Madison wrote: "The within paper communicated to Js. Madison Jr. by Doer. McHenry March I6 I788 with a note subjoined that it was given by Mr. Mason to one of the Maryland deputation for their consideration-with information that if the alterations could be obtained the system wou:d be unexceptionable. Their concurrence and assistance to carry them was requested." A longer version of this document, missing the last article but in other respects virtually identical to the one printed here, has been found in the Dickinson Papers at the Historical Society of Pennsylvania. Since Dickinson and Butler were both members of the so-called Committee on Postponed Parts, appointed on August 3 I, Mason apparently prepared this document for distribution to members of that committee. 2. Dickinson draft: "or to consist of six Members, to be appointed by 2/3 of the Senate." 3. Marginal note: "since adopted."

252

SUPPLEMENT TO FARRAND'S RECORDS

The Members of both Houses to be ineligible to Offices under the National Government; except to Commands in the Army or Navy; thei: Sots to be vacated by accepting such Commands, and to be ineligibk JHring their continuance. The President of the united States to be ineligible a second Time. The power of making Treaties, appointing Ambassadors &c. to be in the Senate, with the Concurrence of the Council of State-or vice versa. The Appointment of all Offices, established by the Legislature, to be in the Executive, with the Concurrence of the Senate, or vice versa. The power of granting pardons in the Executive not to extend to Impeachments, or to Treason-nor to preventing or staying process before Conviction & to be so expressly defined, as not, by any Construction to apply to persons convicted under the Laws & Authority of the Respective States. The following is the Substance of a Clause, which was offered & miscarried in the Convention; it will come in very properly in the 5th. Section of the IV Article referred for reconsideration after the word except-"Bills for raising Money for the purposes of Revenue, or for appropriating the same, or for fixing the Salleries of the Officers of Government, shall originate in the House of Representatives, & shall not be so altered or amended by the Senate as to encrease or diminish the Sum to be raised, or change the Mode of raising, or to Object of its' Appropriation." PHOTOSTAT (Library of Congress)

PIERCE BuTLER: NoTEs•

Money Bills Add. r Clause Art. 7

The Clause restraining the origination of Money Bills-rejected. To pay the Debts and provide for the Common Defense and General Welfare. The Clause in the Report of the Committee of five limiting the duration of Tax Acts and money appropriations-rejected.

4· These notes appear to have been produced in the Committee on Postponed Parts, appointed on August 31, of which Butler was a member. They are in his hand.

FRIDAY, AUGUST 31, 1787

Trade. Art. 7th Sect rst

253

To regulate with foreign Nations, among the several States and with Indian Tribes. No Person shall be eligible to the Office of President who shall not have arrived at the Age of 30 Years neither shall any person be so eligible who shall not be a natural born Citizen of the United States, excepting those who now are or at the time of the Adoption of this Constitution shall be a Citizen of the said States any one of whom may be President, provided that at the time of his Election He shall have been an Inhabitant for fourteen Years.

PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Friday 3 rst. In Convention. Dined at Mr. Morris's and with a Party went to Lansdale & drank Tea with Mr. & Mrs. Penn.

SATURDAY, SEPTEMBER r, 1787

GEORGE WASHINGTON: DIARY

Saturday rst. Dined at Mr. Morris after coming out of Convention and drank Tea there.

ELBRIDGE GERRY TO ANN GERRY

Saturday r Sep. I am distressed my dearest Girl exceedingly, at the information in yours of the 29th and the notice of your indisposition, and shall prepare myself to leave this city on the arrival of the next post unless you are better: indeed I would not remain here two hours was I not under a necessity of staying to prevent my colleagues from saying that I broke up the representation, and that they were averse to an arbitrary System of Government, for such it is at present, and such they must give their voice to unless it meets with considerable alterations. I think it probable that the Convention will rise in ten days, but in case of my absence my dearest Life I think it will be proper and indeed necessary for you to take Rhubarb two or three evenings successively, and drink gruel morning and evening with cold camomile tea when thirsty, to remove that Sickness & pain in your Stomach. Likewise have a chicken boiled every day and drink the broth without fat on it or much thickenning, taking care that it is not weak and that it is seasoned with such herbs as you like. I am glad you have quitted tea, but milk is not good for the Bile, which afflicts you at present. I am very happy to hear our little darling is so thriving and wish most ardently to have the same good tidings respecting yourself. It has been very warm here, but I have not Suffered much. As to Kellus I am done thinking of him: I have had two others offering their Service Since he went away, but Servants in general are a pack of such idle fellows, that without the best recommendations I am not disposed to take any of them. I sent you two letters for Miss Stanford and you mention the receipt of only one. The silk is not a good bargain by any means. I will desire Miss Dally to look out for some here and will shop myself. What quantity is sufficient for a suit. Sunday Yesterday I dined with General Pinckney and Mrs. Pinckney made particular inquiry for you and the baby. There was considerable company,

254

SATURDAY, SEPTEMBER

1,

1787

255

and she was very agreable and attentive. The General is as we always thot the cleverest being alive. I love him better every time I meet him. Mrs. Pinckney says Mrs. Butler proposes to return to New York from Newport, having been there some time without being introduced to a person. I am sorry for this, but she should not have gone or remained there without letters to some of the citizens. Mrs. Rimbaugh landed at New York; did you hear of it or was her stay too short for you to know it or for her to know you was there/ She had an infant about the age of ours, which died on the passage. It was ill when they left Charleston and she had hopes by the voyage of saving it. I have not seen her, but had this from Mrs. Pinckney. Don't omit what I have recommended for restoring your health, as I am persuaded there is no necessity for you taking nauseous draughts of physicians, and they generally make their patients invalids. Give my warmest Regards to your mamma, sisters brother & pappa if he has returned; kiss our delightful little darling plentifully for me and be assured I am ever Yours most affectionately E. Gerry ALS (Sang Collection, Southern Illinois University)

SUNDAY, SEPTEMBER

2,

1787

GEORGE WASHINGTON: DIARY

Sunday 2d. Rode to Mr. Bartrams and other places in the Country, dined & drank Tea at Grays ferry and returned to the City in the evening.

WILLIAM SAMUEL joHNSON TO ANNE JoHNSON

Philadelphia Sunday Evening 2d. September 1787 My Dearest I am much obliged to you for your kind offer to meet me at N. York and I wish very heartily I could now tell you with any certainty when I may probably be so happy as to arrive there, but we meet with so many unforseen delays that I can yet fix no time with any degree of precision, tho I still hope it may be in about a fortnight. ALS (Connecticut Historical Society)

RICHARD DOBBS SPAIGHT TO jOHN GRAY BLOUNT

Philadelphia 2 September 1787 Dear Sir I have for a long time past flattered myself that every post would bring me a letter from you in answer to those I have wrote you but have not as yet been favored with a single line. My situation here is extremely distressing as I expected when I came away only to stay six weeks or two months at farthest. I made a money provision merely for that term, and out of that, forty one dollars still remain in the hands of Mr. Blackledge who was to send them after me, but I have not heard from him since I left No. Carolina. I have now overstayed this term. I counted upon two months and shall be here till tomorrow week when I hope to get away provided I can get money to pay off my accounts here and bear my expences home. While I have no other means of doing than by borrowing and no other way of doing that, than to get some friend to lend me his name to a note for thirty days and get it discounted at the bank and depend for the payment of it on the remittance I expect you will make for me. You will therefore do me an essential service by remitting on the best terms you can

SUNDAY, SEPTEMBER

2,

1787

257

such monies as you have received upon my account as speedily as possible. I suppose you will send the remittance to Stuart and Bars. I will then leave directions with them to whom to pay it. The Convention will I imagine finish their business by next saturday in that case if I can be supplied with cash I shall leave this the monday following. I am with regard & esteem Your most Oot. Ser'. Richd. Dobbs Spaight ALS (North Carolina Division of Archives and History)

MONDAY, SEPTEMBER J, 1787

GEORGE WASHINGTON: DIARY

Monday 3d. In Convention. Visited a Machine at Doctr. Franklins (called a mangle) for pressing, in place of Ironing, clothes from the wash. Which Machine from the facility with which it dispatches business is well calculated for Table cloths & such Articles as have not pleats & irregular foldings and would be very useful in all large families. Dined, drank Tea, & spent the evening at Mr. Morris's.

NICHOLAS GILMAN TO jOHN SULLIVAN

Philadelphia September 3 1787 . . . It is respecting the domestic debt. I find many of the States are making provisions to buy in their Quotas of the final Settlements and I most ardently wish that the Towns in New Hampshire may be so far awake to a sense of their Interest as to part with their property freely in order to purchase their several Quotas of the public Securities now in circulation while they are to be had at the present low rate; which is in this place, at two shillings and six pence in the pound. If they suffer the present opportunity to pass and we should be so fortunate as to have an efficient Government, they will be obliged to buy them of Brokers, Hawkers, Speculators and Jockeys, at six or perhaps at eight times their present value. I know your Excellency is well aware of the danger the people are in of suffering through their unwillingness to pay taxes, but perhaps if they were fully sensible of the measures that are pursuing in other States, it might operate as a new incentive to an immediate exertion. ALS (New Hampshire Division of Records)

TUESDAY, SEPTEMBER 4, 1787

PIERCE BuTLER: NoTES oN DEBATES

Pinckney. To be acquainted with the talents of the person elected. He would not vote for a good Man unless He thought He would be elected but he would vote for any Man that would be likely to turn out the President. No Sir 1 GEORGE WASHINGTON: DIARY

Tuesday. 4th.

In Convention. Dined &ca. at Mr. Morris's.

WILLIAM LIVINGSTON TO jOHN jAY

September 4, 1787 ... The mountains will bring forth before long, but as they will go longer than any the best man and wisest upon earth would have calculated, it is less to be feared that the birth will be such a fetus as a ridiculous mouse, than a monstrum horrendum ingens. ALS (Columbia University Library)

1. Pinckney expressed doubts on both September 4 and 5 about the abilities of presidential electors to acquire sufficient knowledge of the candidates; thus his remarks, recorded by Butler, could have been made on either day (Farrand, 2:501, SII).

259

WEDNESD AY, SEPTEMB ER 5, 17 8 7

GEORGE WASHINGTON: DIARY

Wednesday 5th. Mr. Binghams.

In Convention. Dined at Mrs. Houses & drank Tea at

260

THURSDAY, SEPTEMBER 6, 1787

GEORGE WASHINGTON: DIARY

Thursday 6th. In Convention. Dined at Doctr. Hutchinson's and spent the afternoon and evening at Mr. Morris's.

261

FRIDAY, SEPTEMBER 7, r 7 8 7

]AMES MADISON: MOTION

But no Treaty (of peace) 1 shall be made without the concurrence of the House of Representatives, by which the territorial boundaries of the U.S. may be contracted, or by which the common rights of navigation or .fishery recognized to the U. States by the late treaty of peace, or accruing to them by virtue of the laws of nations may be abridged 2 Farrand, 4:58

GEORGE WASHINGTON: DIARY

Friday 7th. In Convention. Dined and spent the afternoon at home (except when riding a few Miles).

Words in parentheses crossed out. Note added in John C. Payne's hand: "The subject was then debated, but the motion does not appear to have been made." 1.

2.

262

SATURDAY, SEPTEMBER 8, 1787

GEORGE WASHINGTON: DIARY

Saturday 8th. In Convention. Dined at Springsbury with the Club and spent the evening at my lodgings. ALEXANDER HAMILTON TO MR. DucHE

Philadelphia, Sept. 8, q87 I am very sorry that the situation of affairs here will not permit me to tell you what I want. I can not without indiscretion add anything to what I have already said. According to all appearances the Convention will conclude toward the middle of the week. Up to now nothing has been communicated to the public about its operations. You can tell the Marquis de la Fayette something which will bring him the greatest pleasure, that is, there is every reason to believe that if the new Constitution is adopted his friend General Washington will be the Chief. I am etc. MICROFILM COPY (Archives of the French Foreign Ministry, Consular Correspondence, 909)

SUNDAY, SEPTEMBER 9, 1787

GEORGE WASHINGTON: DIARY

Sunday 9th. Dined at Mr. Morris's after making a visit to Mr. Gardoqui who as he says came from New York on a visit to me. JONATHAN DAYTON TO ELIAS DAYTON

Philadelphia, September 9, 1787 ... We have happily so far finished our business, as to be employed in giving it its last polish and preparing it for the public information. This, I conclude, may be done in three or four days, at which time the public curiosity and our desire of returning to our respective homes will equally be gratified. Give this information to Mr. Boudinot who is very desirous, I suppose from his letter, of hearing. ALS (Harvard University)

]AMES McHENRY To PEGGY McHENRY

Philadelphia, Sunday, 9 Sept. 1787 ... It is likely the convention will finish their business in about eight days .... PHOTOSTAT (Library of Congress)

ELBRIDGE GERRY TO ANN GERRY

Philadelphia 9th September Sunday Evening I have received, my dearest Girl, your letter of the 5th and it is impossible to say what time we shall rise this week, some say not 'till the latter end, others about the middle. I am myself of opinion that Thursday will finish the Business to which I have every prospect at present of giving my negative. I am very happy indeed that you are better and hope you will not be troubled with a return of your complaints, which have very much distressed me. I am clearly of your opinion respecting the taste for dress in this City and your choice my dearest love is always conclusive with me.

SUNDAY, SEPTEMBER 9, 1787

I only give you this information, which never can injure before we form our determination. I have not seen any silks here yet that I like and unless I find one we will take that which you mention. I called on Mr. Gardoqui who arrived here yesterday, this evening but found him not at home. Miss Ross daughter of Mr. Ross who dined with us at Mr. Bonds and sister to Miss Ross whom Mr. Vaughan wants to address, a young lady about r8 was buried this evening. She came to town this day week with Miss Nixon and Miss West who had spent several days at Mr. Ross's, and returned home in the evening. The next day she was seized with a violent fever and delirium which continued till yesterday morning, when she expired. She was remarkably gay the day week before she died and was a fine sprightly Girl, as I am informed, a serious momento this, not to be too solicitous about events of any kind. I intended this evening to call on Miss Bonds but I am growing more and more indifferent about an acquaintance that seems to have very little friendship for its foundation. I have found only one piece to pattern your curtains: it may do to make a counter of this and to take yours for repairing the curtain unless you think the black streak will be much seen. Oh how I long to be with you, our little frolicksome pet and friends at New York: when will the time arrive. Adieu my dearest Love, kiss the little child and give my sincere regards to all the family and believe me ever your most affectionate E. Gerry I think your answer to this will find me here. ALS (Massachusetts Historical Society)

GEORGE WASHINGTON TO GEORGE AUGUSTINE WASHINGTON

Philadelphia, Septr. 9th 1787 Dear George, This acknowledgment of your letter of the 2d of this Month is probably the last letter that I shall write you from this place, as the probability is that the Convention will have compleated the business which brought the delegates together in the course of this Week. God grant I may not be disappointed in this expectation, as I am quite homesick. ALS Qohn Rylands Library)

MONDAY, SEPTEMBER ro, q87

GEORGE WASHINGTON: DIARY

Monday. 1oth. there.

In Convention. Dined at Mr. Morris's & drank Tea

ELBRIDGE GERRY TO SAMUEL PURVIANCE

Philadelphia 10th September 1787 My dear Sir . . . The Convention will probably rise in a day or two, but the Injunction to Secrecy still remains. . . . ALS (Huntington Library)

266

TUESDAY, SEPTEMBER

I I, I

7 87

GEORGE WASHINGTON: DIARY

Tuesday I rth. In Convention. Dined at home in a large Company with Mr. Gardoqui. Drank Tea and spent the evening there.

WILLIAM LIVINGSTON TO jOHN jAY

September I I, I7 87 . . . But my hopes of returning by the time expected are a little clouded by reason of there being certain creatures in this world that are more pleased with their own speeches than they can prevail upon any body else to be. . . . ALS (Columbia University Library)

WEDNESDAY, SEPTEMBER r2, q87

GEORGE WASHINGTON: DIARY

Wednesday 12th. at Mr. Pines.

In Convention. Dined at the Presidents and drank Tea

268

THURSDAY, SEPTEMBER r 3, q 8 7 1

GEORGE MAsoN: SuGGESTED REVISIONs OF CoMMITTEE oF STYLE REPORT

refused

refused agreed to

refused

refused agreed refused

In the beginning of the 4th. Clause of the 3d. Section of the rst. Article-Strike out the words-the Vice president of the united States and instead of them insert-a vice-president of the United States shall be chosen in the manner hereinafter directed who In the 3d. Clause of the sth. Section of the rst. Article, after the words such parts add-of the Journals of the Senate.At the end of the same Clause add-and a regular Statement & Account of the Receipts & Expenditure of all public money shall be published from time to time 2 In the 8th. Section of the rst. Article to the Beginning of the Clause, before the words To provide for organizing arming & disciplining the Militia-add- That the Liberties of the People may be the better secured against the Danger of regular Troops or standing Armys in time of Peace In the Jrd. Clause of the 9th. Section of the rst. Article strike out the words-nor any ex post facto Law In the 4th. Clause of the same Article after the words Censusadd-or Enumeration.In the I st. Clause of the roth. Section of the same Article strike out ex post facto Laws.-& after the words obligation of insert-previous In the latter End of the 3d. Clause of the 2d. Article-Enquire of the Committee about the Senate chusing the vice president In the 7th. Clause of the 1st. Section of the 2d. Article-strike out the words-during the period for which he shall have been elected-and instead of them insert-so as in any manner to affect the person in office at the time of such Encrease or Diminution-

1. The dating follows that in Robert Rutland, ed., The Papers of George Mason, 3 vols. (Chapel Hill, I970), 3:983-85, rather than Farrand, who placed this document at September I 5. The document could, in fact, have been composed any time between September I 3 and I 5. 2. "From time to time" is in Washington's hand.

270

SuPPLEMENT TO FARRA:-ID'S RECORDS

At the end of the rst. Clause of the 2d. Section of the 2d. Articleadd the words-or Treason; but he may grant Reprieves in Cases of Treason, until the End of the next ensuing Session of Congress d At the End of the 2d. Clause of the 2d. Sec: of the 2d. Article agree add-and which shall be established by Law *but the Congress may by Law vest the Appointment of such inferior officers as they think proper in the president alonein the Courts of Law, or the Heads of Departments Section 4th. of the same Article-Inconsistency between this & the 7th. Clause of the 3d. Section of the r st. Article-Amend by inserting after the word Office, the words-and disqualified from holding or enjoying-any office of HonourTrust or Profit under the United States.Article 3d. Sec: r. before the word diminished-insert-encreased orIn the 2d. Clause of the 2d. Sec: of the 3d. Article-strike out the word Fact-and insert-EquityIn the 3d. Sec: of the 3d. Article-Corruption of Blood inaccurately expressed; and no Exception or Provision for the wife-who may be innocent, & ought not to be involv'd in Ruin from the Guilt of the HusbandSec: 2. Article 4th. The Citizens of one State having an Estate in another, have not secured to them the right of removing their property as in the 4th.-Article of the Confederation• Article 5th. By this Article Congress only have the Power of proposing Amendments at any future time to this Constitution, & shou'd it prove ever so oppressive, the whole people of America can't make, or even propose Alterations to it; a Doctrine utterly subversive of the fundamental Principles of the Rights & Liberties of the people In the 9th. Sec: of the rst. Article after the Clause no Tax or Duty shall be laid on Articles exported from any State disagreed Insert No Law in the Nature of a Navigation Act shall be passed before the year r 808 without the Assent of two thirds of the members present in each House not proposed • Amend by adding the following Clause

THURSDAY, SEPTEMBER 13, 1787 and any Citizen having an Estate in two or more States shall have a Right to remove his property from one State to the other Farrand, 4:59-61

GEORGE WASHINGTON: DIARY

Thursday 13th. Attended Convention. Dined at the Vice Presidents Chas. Biddies. Drank Tea at Mr. Powells.

FRIDAY, SEPTEMBER 14, 17 8 7

MoTION'

provd that no Monopoly be granted or trading Co. established PHOTOSTAT (Library of Congress)

GEORGE WASHINGTON: DIARY

Friday 14th. Attended Convention. Dined at the City Tavern, at an entertainmt. given on my acct. by the City light Horse. Spent the evening at Mr. Meridiths.

1. This motion, in an unidentified hand in the Pierce Butler Papers, may have been prepared on September 14 or 15, when both George Mason and Elbridge Gerry expressed apprehensions that the power to regulate trade could be construed to permit the creation of "mercantile monopolies" (Farrand, 2:616, 633).

SATURDAY, SEPTEMBER

I

5,

I

7 87

GEORGE WASHINGTON: DIARY

Saturday I sth. Concluded the business of Convention, all to signing the proceedings; to effect which the House sat till 6 Oclock; and adjourned till Monday that the Constitution which it was proposed to offer to the People might be engrossed and a number of printed copies struck off. Dined at Mr. Morris's & spent the evening there. Mr. Gardoqui set off for his return to New York this forenoon.

THOMAS FITZSIMONS TO NOAH WEBSTER

Philadelphia, September IS, 1787 Dear Sir: I shall make you no apology, for addressing myself to you upon the present occasion, because you must be especially interested with me in the event, and having contributed my mite to the service of our common country, I have some right to call upon others for assistance. I consider the present moment as the crisis that will determine whether we are to benefit by the revolution we have obtained, or whether we shall become a prey to foreign influence and domestic violence. The business of the convention is nearly at an end and a few days will bring before the people of America the constitution prepared for their future government. That it is the best which human wisdom could devise, I mean not to assert; but I trust it will be found consistent with the principles of liberty and calculated to unite and bind together the members of a great country. It is already too evident that there are people prepared to oppose it, even before they are acquainted with the outline, and it is easy to see that if unreasonable jealousies are disseminated, its Adoption may be at least protracted. In my mind, to delay is to destroy. There are so many interests, foreign and domestic, opposed to order and good government in America, as to warrant an apprehension of their interfering, if time is given for cabal and intrigue . . . . TR (Yale University)

273

274

SUPPLEMENT TO FARRAND'S RECORDS

JOHN DICKINSON TO GEORGE READ

September I 5 Dear Sir, Yesterday I was prevented by a severe Headache from attending in Convention, and I am now setting off for Wilmington. Some person mentioned to Me, that the Members were to give an Entertainment to the Gentlemen of the Town, from whom we have received Civilities. I therefore beg that You will apply the enclosed Bank bill for Me to that Use. I am Sir Your sincere Friend John Dickinson ALS (Delaware Hall of Records)

SUNDAY, SEPTEMBER 16, 1787

GEORGE WASHINGTON: DIARY

Sunday I6th. Wrote many letters in the forenoon. Dined with Mr. & Mrs. Morris at the Hills & returned to town in the Eveng. }AMEs McHENRY TO PEGGY McHENRY

Philadelphia r6 September 1787 My dear Peggy. Yesterday evening the plan of government passed by an unanimous vote, and tomorrow we shall determine the mode to promulgate it and then put an end to the existence of the convention . . . . . PHOTOSTAT (Library of Congress)

275

MONDAY, SEPTEMBER q, 1787

GEORGE WASHINGTON: DIARY

Monday I 7th. Met in Convention when the Constitution received the Unanimous assent of I I States and Colo. Hamilton's from New York (the only delegate from thence in Convention) and was subscribed to by every Member present except Govr. Randolph and Colo. Mason from Virginia & Mr. Gerry from Massachusetts. The business being thus closed, the Members adjourned to the City Tavern, dined together and took a cordial leave of each other-after which I returned to my lodgings-did some business with, and received the papers from the secretary of the Convention, and retired to meditate on the momentous wk. which had been executed, after not less than five, for a large part of the time Six, and sometimes 7 hours sitting every day, sundays & the ten days adjournment to give a Comee. opportunity & time to arrange the business for more than four Months.

THURSDAY, SEPTEMBER

20,

q87

CONGRESS: EXPENSES OF CONVENTION

September 20, q87 Congress assembled. . . "In Convention Wedy. Sept. 5th. q87 Resolved, That the United States in Congress be requested to allow and cause to be paid to the Secretary and other Officers of this Convention such sums in proportion to their respective times of service as are allowed to the Secretary and similar Officers of Congress. Ordered that the Secretary make out and transmit to the treasury Office of the United States an account for the said services and for the incidental expenses of this Convention. G. Washington, Presidt." Board of Treasury to take Order to settle with and pay the Officers and incidental charges mentioned in the resolution of the Convention, conformable to the recommendation therein contained. 1

1.

At this point Farrand published the following footnote:

In a statement of Expenditures of the Civil List from 1st July to the 30th September 1787, signed by Joseph Nourse, Register, there are the following entries for the expenses of the Convention as paid by Congress. CONGRESS Sept. 21 William Jackson, esqr. late Secretary to the Foederal Convention for his Salary during the sitting thereof agreably to an Act of Congress of 20th September 17 87 4 months at 2600 dollars per annum is . . . . . . . . . . . . . . . . . . . . . . . . . Septemr. 21 To William Jackson esqr. Secretary to the Foederal Convention for the allowance made by Act of Congress of 20th Septr. 1787 to the door keeper 4 months at 400 dollars per annum . . . . . . . . . . . . . to the Messenger 4 months at 300 dollars per annum . . . . . . . . . . . . . . to the Clerks employed to transcribe and engross . . . . . . . . . . . . . . . . . . Sept. 2 1 Stationary purchased for the use of the F oederal Convention paid therefor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

277

866.60

133.30 100.00 30.00 36.00

SEPTEMBER 29, 1787

CHARLES COTESWORTH PINCKNEY TO MATTHEW RIDLEY

New York Sepr. 29. 1787 Dear Sir Matthew: Yesterday Congress passed the Constitution agreed on by the Federal Convention, and resolved to transmitt it to the several states for the assent and ratification of State Conventions to be chosen in each state. This is done that it may be paramount to all state Constitutions and that all laws made in pursuance thereof may be the supreme Law of the Land. A Gentleman who is going to London has promised to take charge of this Letter, and to put it into the post there; as I understand you pay no inland postage I shall enclose an authentic Copy of the Constitution, which both as a Philosopher and a Politician you may wish to peruse. I do not suppose it will meet your entire approbation, but when you consider the different Interests and Habits of the several states and that this plan of government was the result of mutual concession and Amity, it will account for the introduction of some clauses that may appear to you exceptionable. You should read the Letter from the Convention to Congress before you read the Constitution, as we have there briefly stated our reasons for having made it such as it is. I make no doubt that it will be very soon adopted by a large Majority of the states; and I shall set out for Carolina tomorrow that I may be present when it is considered by our state. ALS (Northumberland County Record Office)

OCTOBER JO, q87

NATHANIEL GORHAM TO BENJAMIN FRANKLIN

Boston Oct. 30th, 1787 The speech you made in Convention just before the close of the business & I think the last day of our siting, was in the opinion of every one who heard you--exceedingly well calculated to correct that possitive attachment which men are too apt to have for their own ideas.-I am sure that it is a temper such as that speach inculcates which prevents war & blood shedthe one I allude to is that where you observe on the French Lady who thought herself always in the right. The request I would therefore with all respectful deference make you is that you would be so kind as to furnish me with a copy of it for the purpose of publishing it, provided you do not think it improper .... I will take care to do it in such manner as not to wound your delivery of sentiments. On the whole I submit the matter to your superior judgment-being anxious & desirous that you may be of the same mind with me on this subject-

279

NOVEMBER J, 1787

Rurus KING AND NATHANIEL GoRHAM: REsPONSE TO ELBRIDGE GERRY'S OBJECTIONS'

The provision in the report of the Convention authorises one Rep. for every 30,000 Inhab. (taken comformably to the Census) ascertained as is there proposed-from the best materials that have been collected the united States at this Time contain 3 mils. of Inhab. comprehending all the Free Inhabitants & 3/5 only of the Slaves-this number wd. give roo Repit is true that the first house will consist of only 6 5 Members, but the Congress must cause the Numbers of Inhab. to be taken within 3 yrs, and may do it within one-If the present Numbers will give roo Reps. and the Opinion is well founded which we take to be the Case, that the people of america double in 25 years, then in 25 years the Number of Reps may be 200, in 50 years 400, in 7 5 years 800, and in One Century r 6oo---it is true that the (Compact) Rept. does not make it necessary that the Members shall be thus increased, in a direct proportion with the increase of the Inhab. but only declares that they shall not exceed one for every thirty thousand; they may be less, they may be in that proportion, but they cannot be more numerous-this indeed appears to us a sufficient provision to produce such a Repn. of the people in the house of Reps as will completely and safely accomplish the objects of their Appointment. The 2d objection (made by Mr. G.) "that the people have no security for the right of Election" is in our Judgment as destitute of foundation as the first-Mr. Gerry admits the right of Election to be well deposited. He agrees that only the Electors of Representatives to the most numerous Br. of the state Legislature ought to be Electors of Representatives to the federal Govt. and then asserts that the exercise of this Right vested by the Rept. in the Electors is not secured-we are at a loss to know how Mr. Gerry would support this assertion or where the Report is defective on this point-the Time place & manner of electing Representatives must in the first instance be prescribed by the state Legislatures, but the Congress may make or alter the regulations on this Subject, possibly Mr. G. may ground 1. Farrand printed an extract of this document under the date January 24, 17 8 8 (2:368). In the document printed here, we have followed Farrand's style of enclosing in parentheses parts of the text that were crossed out in the original.

280

NOVEMBER 3, 1787

281

his Objection upon this authority's being vested in Congress-we wish to submit our remarks on this clause to your candid consideration-we agree and have always contended that the people ought to enjoy the exclusive right of appointing their Rep. but we also hold it an important principle that as it is of consequence to the Freedom of the people that they should possess the right of Election so it is essential to the preservation & Existence of the Government that the people should be bound to exercise it for this reason in the Constitution of Massachusetts not only the persons are clearly designated and their Qualifications ascertained, who may vote for Representatives, but the Genl. Court have a right to compel the Electors to exercise their rights of elections, and thereby to preserve the Government from DissolutionIf the Time place and manner of electing Representatives to the General Court was left entirely to the several Towns in the Commonwealth and if the constitution gave no power to the Genl. Court to require and compel the Towns to Elect Representatives, there wd. be a manifest defect in the Constitution, (and an omission in the Instrument of Government,) which agreeably to the Course of human Affairs (would) might in a short period subvert the Government-Town after Town from disaffection or other motives might refuse to elect Representatives, Counties & larger districts might combine against sending members to the General Court, (they might be disposed to divide the state, set up for separate states, and the Government might be in this silent manner be totally overthrown) and in this silent manner the Govt might be wholly destroyed-If these remarks are just as applying to this State and prove the propriety of vesting as the Constitution has done a power in the Genl. Court to compel the Electors to exercise their right of Election, they are equally just in Relation to Congress, and equally prove the propriety of vesting in that assembly a power to compel the Electors of the federal Representatives to exercise their rights and for that purpose if necessary to make Regulations concerning the Time place & manner of electing members of the H. of RepsIt may be said that the State Legislatures are more capable of regulating this subject than the Congress; that Congress may fix improper places, inconvenient Times, and a manner of electing contrary to the usual practice of the several States, it is not a very probable supposition that a law of this Nature shd. be enacted by the Congress but let the supposition be ever so probable as applied to cong. it is thirteen Times more probable that some one of the States may make these inconvenient Regulations than that Congress should enact them Congress will be interested to preserve the United States entire and to prevent a dismemberment-the individual States may some of them grow rich & powerful; and as the great members of the antient Confederacies have heretofore done, they may be desirous of becoming wholly independent of the Union and therefore may either omit

282

SUPPLEMENT TO FARRAND'S RECORDS

to form any Regulations or Laws, concerning the Time place & manner of electing federal Rep. or they may fix on improper places, inconvenient Times, & a manner of Electing wholly disagreeable to the people. Should either of these cases take place, and no power be vested in Congress to revise their Laws or to provide other Regulations, the Union might be dismembered and dissolved, without a constitutional power to prevent it. But this revisionary power being vested in Congress, the States will make wise & prudent regulations on the Subject of Elections, they will do all that is necessary to keep up a Representation of the People; because they know that in case of omission the Congress will make the necessary provision for this Object- 2 "Some of the powers of the Legis. are ambiguous & others indefinite & dangerous"-this clause contains an imputation so very general that no reply in detail can be attempted without commenting on every sentence wh. forms the Grant of powers to Congress-Most of the sentences are transcribed from the present confederation, and we can only observe that it was the intention and honest desire of the Convention to use those expressions that were most easy to be understood and lest equivocal in their meaning; and we flatter ourselves they have not been intirely disappointed-we believe that the powers are closely defined, the expressions as free from ambiguity as the convention could form them, and we never could have assented to the Report had We supposed the Danger Mr. G. predictsThe Executive is blended with & will have an undue influence over the Legislature-The same objection might be made agt. the constitution of this State, the executive & legislative powers are connected in the same manner by our constitution as they are said by Mr. G. to be blended in the Rept. of the Convention-when the Govr. objects to a Bill, it cannot become a law unless 2/3 of both branches afterwards concur in enacting it, the same must be done by the Congress provided the president objectsbut as experience has not proved that our Executive has an undue influence over the Legislature-we cannot think the objection well founded. "The judicial Department will be oppressive" a concise examination of the Report on this Subject may refute this unsupported Objection-The president with consent of the Senate will appoint the Judges-the Govr. with advice of Council appoints the Judges of this State-the Senate are in this instance in the nature of a Council to the President and if we have no reason to complain of the manner in wh. the Judges in this Commonwealth are appointed, from the great similarity in the two cases there seems to be no Ground of complaint agt. the manner of appointing the federal Judges-the Judicial Department is divided in to a supreme and inferior 2.

Marginal note: "R. Island required by Cong. & refused to send Delegates."

NOVEMBER 3, 1787

Courts-in a few enumerated instances the supreme Court have original & final Jurisdiction-in all the other cases which fall within the federal Judicial, the supreme court may or may not have appellate Jurisdiction as congress shall direct-for the appellate Jurisdiction of the supreme court is subject to such exceptions and regulations as Congress may think proper to establish or in other words Congress may determine what causes shall be finally tried in the inferior Courts, and in what causes appeals shall be allowed to the Supreme Court-But it may be said that in a triffling controversy between a Citizen of M. & N.H. or between the U.S. & a Citizen of any individual state, or in any of the cases where the Supreme Court have not original Jurisdiction, that either of the parties may carry the case by appeal from the inferior Court before the Supreme Court, and that the place of their Sessions may be at one extreme of the Union, and thereby the Department may become highly oppressive-The same Objection may be raised against the Judicial Department as established in our Constitution-Because the General Court may erect a supreme Court, Courts of common pleas, & Justices Courts it may be objected, that in a small cause cognizable by a Justice of the peace of the County of Lincoln between an inhabitant of Cumberland and an inhabitant of Lincoln, or in an excise or impost Cause between an Inhabitant of Lincoln & the Commonwealth, that either of the parties may appeal from the Court of Justice to the S.C. and that their Sessions may be fixed by the G. Court in Berkshire another extreme of the State; & thus the State Judicial may become oppressive-We again refute a remark made on a former occasion that as experience has not shewn this Oppression of the Judicial under the Constitution of this State, and as the General Court have from Time to Time made such laws as have prevented such oppression, we cannot but suppose that the Members of the federal Government will be actuated by motives equally pure, and that they will enact laws in like manner tending to the ease & happiness of the People. Distinction between the Power to make a law & the law When made (It is proper on this Subject to observe, that there is a distinction between the power to make a law & the law itself the report of the convention in this instance partakes of both in some instances it is a law, and in others merely an authority in pursuance of which Congress may enact Laws) Treaties of &c may be formed by the President wt. advice of 2/3 of a Quorum of senate (It is not improbable upon mature reflection that you will be of Opinion that) the clause as it stands in the report is two 3d. of the senators present-The Senate have power over their own members and can compel their attendance-if the senators are all present, then no Treaty can be formed without the Consent of Nine States or Eighteen Senators, and of the President-Under the present Confedn. Treaties of the highest importance can be formed by the Delegates of Nine States without the

284

SUPPLEMENT TO FARRAND'S RECORDS

concurrence of any other person, so that if the Senators attend the Duties of their Office, and they may be compelled, instead of its being more easy as Mr. G. suggests to form Treaties it in Fact may be much more difficult than under the present Confederation, and in our Judgment the public Security will not only be increased, but the Objects of Treaties will far more probably be obtained by the powers of forming them being vested in the Prest. & 2/3 of the present Senators than by (their) remaining as is provided in the present Confedn. The Report requires the joint consent of both branches of Congress together with the Concurrence of the Presidt. to declare war-this is preferable to vesting that power in the President & Senate-and as war is not to be desired and always a great calamity, by increasing the Checks, the measure will be difficult-but as peace is forever to be desired, and can be alone obtained by Treaty it seemed preferable to trust it with the President & SenateWhen the constitution vests in the Legislature "full power & authority to make and ordain all manner of wholesome & reasonable Orders, laws Statues, ordinances, directions & instructions" as is the case with the Consn. of this State (Cap. r, Ar. r. Sect. 4· ), a Declaration or Bill of Rights seems proper, But when the powers vested are explicitly defined both as to quantity & the manner of their Exercise a Dec [larati] on or Bill of Rights is certainly unnecessary & improperJohn Kaminski and Gaspare Saladino, eds., The Documentary History of the Ratification of the Constitution (Madison, 1981), IJ:sso-ss.

DECEMBER

2,

1787

DANIEL CARROLL TO BENJAMIN FRANKLIN

Annapolis Dec. 2d. 1787 I am afraid you will think that I have transgressed on your act of kindness, when I inform you that I have been compelled to make use of your observations delivered in the Committee of Convention on the subject of Representation, & those delivered on the 17th of Sept.-the House of Delegates having pass'd a Resolve requesting the attendance of their Deputies to give them information of the proceedings in Convention, Messrs. McHenry, Jenifer, Martin & myself attended . . . . Altho' Mr. McHenry distinguis'd himself on this occasion, beyond the most sanguine hopes of his friends, and the expectations of the adverse party, such motives were imputed to many of the Members, to Gl. Washington and yourself by name, and such a misrepresentation made, that I found myself compelled to let Mr. McHenry read your first speech already mention'd, and to read myself that delivered on the 17th of Sept. after having giving a just relation in what manner they were receiv'd by me, & that I did it at the risk of your displeasure, for the public Good. I have not communicated these speeches to any but Messrs. Th. Johnson Mr. Carroll of Carrollton and my Brother untill this occasion, nor have I suffered any copy to be taken nor will not without your permission to persons I can depend on to be used occasionally for the same purpose I have done it, or will do any thing else with them you may require. Farrand, 4:79

285

DECEMBER 8, 1787

RoGER SHERMAN T O - - -

New Haven, December 8th, 1787 Dear Sir I am informed that you wish to know my opinion with respect to the new Constitution lately formed by the federal Convention, and the objections made against it. I suppose it is the general opinion that the present government of the United States is not sufficient to give them credit and respectability abroad or security at home. But little Faith or confidence can be placed in a government that has only power to enter into engagements, but no power to fulfil them. To form a just opinion of the new constitution it should be considered, whether the powers to be thereby vested in the federal government are sufficient, and only such as are necessary to secure the common interests of the States; and whether the exercise of those powers is placed in safe hands. In every government there is a trust, which may be abused; but the greatest security against abuse is, that the interest of those in whom the powers of government are vested is the same as that of the people they govern, and that they are dependent on the suffrage of the people for their appointment to, and continuance in office. This is a much greater security than a declaration of rights, or restraining clauses upon paper. The rights of the people under the new constitution will be secured by a representation in proportion to their numbers in one branch of the legislature, and the rights of the particular State governments by their equal representation in the other branch. The President, Vice President and Senators, tho' chosen for fixed periods, are re eligible as often as the electors shall think proper, which will be a very great security for their fidelity in office, and will likewise give much greater stability and energy to government than an exclusion by rotation . . . . The greatest possible security that a people can have for their civil rights and liberties, is, that no laws can be made to bind them, nor any taxes be imposed upon them without their consent by representatives chosen by themselves. This was the great point contended for in our contest with Great Britain; and will not this be fully secured to us under the new constitution!

286

DECEMBER 8, 1787

Declarations of rights in England were charters granted by Princes, or acts of Parliament made to limit the prerogatives of the crown, but not abridge the powers of the legislature. These observations duly considered will obviate most of the objections that have been made against the constitution. The powers vested in the federal government are only such as respect the common interests of the Union, and are particularly defined, so that each State retains its sovereignty in what respects its own internal government, and a right to exercise every power of a sovereign State not delegated to the United States. And tho' the general government in matters within its jurisdiction is paramount to the constitutions and laws of the particular States, yet all acts of the Congress not warranted by the constitution would be void. Nor could they be enforced contrary to the sense of a majority of the States. One excellency of the constitution is that when the government of the United States acts within its proper bounds it will be the interest of the legislatures of the particular States to support it, but when it overleaps those bounds and interferes with the rights of the State governments, they will be powerful enough to check it; but distinction between their jurisdictions will be so obvious, that there will be no great danger of interference. The unanimity of the convention is a remarkable circumstance in favour of the constitution, that all the States present concurred in it, and all the members but three out of forty two signed it, and Governor Randolph, declared, that tho' he did not think fit to sign it, he had no fixed determination to oppose it, nor have I heard that he has since made any opposition to it. The other two Honorable Gentlemen whom I esteem for their patriotism and good sense have published their objections, which deserve some notice; and I think the foregoing observations on the principles of the constitution must evince that their fears are groundless. The peoples right of election is doubly secured, the legislatures of the particular States have right to regulate it, and if they should fail to do it properly, it may be done by Congress, and what possible motive can either have to injure the people in the exercise of that right. The qualifications of the electors are to remain as fixed by the State constitutions. It is objected that the number of representatives will be too small, but it is my opinion that it will be quite large enough if extended as far as the constitution will admit. The present number in both branches will consist of ninety one members which is the same number that the States have a right to elect under the confederation, and I have heard no complaint that the number is not sufficient to give information, of the circumstances of the States and to transact the general affairs of the Union; nor have any of the States thought fit to keep up the full representation that they are entitled to nor will the additional powers of Congress make it necessary to increase the number of members. They will have the additional powers of regulating commerce,

288

SUPPLEMENT TO FARRAND'S RECORDS

establishing a uniform rule of naturalization, and laws on the subject of bankruptcies, and to provide for the punishment of counterfeiting coins and securities of the united States, and to prescribe a uniform mode of organizing, arming and training the militia under the authority of the several States, and to promote the progress of science by securing to persons for a limited time the benefit of their writings and inventions. The other powers are the same as Congress have under the articles of Confederation with this difference, that they will have authority to carry into effect, what they have now a right to require to be done by the States. It was thought necessary in order to carry into effect the laws of the Union, and to preserve justice and harmony among the States, to extend the judicial powers of the confederacy. They cannot be extended beyond the enumerated cases, but may be limited by Congress, and doubtless will be restricted to such cases of importance and magnitude as cannot safely be trusted to the final decision of the courts of the particular States. The Supreme court may have a circuit through all the States to make the trials as convenient, and as little expensive to the parties as may be; and the trial by jury will doubtless be allowed in Cases proper for that mode of trial, nor will the people in general be at all affected by the judiciary of the United States, perhaps not one to an hundred of the citizens will ever have a cause that can come within its jurisdiction, for all causes between citizens of the same States, except where they claim lands under grants of different States, must be finally decided by the Courts of the State to which they belong. The power of making war and raising and supporting armies is now vested in Congress who are not restrained from keeping up armies in time of peace, but by the new constitution no appropriation of money for that purpose can be in force longer than two years. But the security is that the power is in the legislature who are the representatives of the people and can have no motive to keep up armies unnecessarily. In order to [be] a well regulated government, the legislature should be dependant on the people, and be vested with a plenitude of power, for all the purposes for which it is instituted, to be exercised for the public good, as occasion may require. Powers are dangerous only when trusted in officers not under the control of the laws; but by the new constitution, Congress are vested with power to make all laws which shall be necessary and proper for carrying into execution, all the powers vested in the government of the United States, or in any department or officer thereof. TR (Yale University Library)

DECEMBER

I

5,

I

7 87

NATHANIEL GORHAM TO BENJAMIN FRANKLIN

Charles Town Dec. IS, 1787 Your esteemed favour covering your observations I duly reed. . . . and had them (excepting a few lines) published; some very good Friends to our common Country supposed they might without injury to the performance be omitted-and as you was so obliging as to submit it in some to my disposition I ventured to do itFarrand, 4:80

DECEMBER 23, 1787

RUFUS KING TO JEREMIAH WADSWORTH

... [Mason] is now united with Patrick Henry in an attempt to prejudice the system, by suggesting to the proposed Convention a mode of effecting amendments. I understand that the Speaker of their Senate and the Speaker of the Representatives are to be authorized to open a Correspondence with the several States on the subject of the Constitution; to propose to them that their Conventions should suggest amendments and that a second Convention should be assembled at Philadelphia for the purpose of reconsidering the system, examining the proposed amendments, and reporting a revised Plan to be submitted for ratification to the State Conventions. This was the Plan of Governor Randolph in the federal Convention, but the idea met with an almost unanimous Disapprobation in that Assembly. ALS (Wadsworth Atheneum)

JUNEJ, q88

[LUTHER MARTIN/]

1

,

OBSERVATIONS

Constitution as agreed to by the Convent ion at Philadelphia, until within a few days of their rising. I. WE, the people, of the States of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, N. York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, NorthCarolina, South-Carolina and Georgia, do ordain, declare and establish the following Constitution for ourselves and posterity.

Constitution as altered a few days before the Convention rose, and as now offered to the United States. We, the people, of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare and secure the blessings of liberty to ourselves and posterity, do ordain and establish this Constitution for the United States of America.

ART. I, The style of this Government shall be the United States of America.

Struck out.

REMARKS. As the Constitution was first agreed to, it exhibits the people as already associated in politic capacities, as the people of New-Hampshire, Massachusetts Bay, &c. and, of course maintaining those governments; and although they in that corporate capacity establish the following Constitution for themselves and their posterity, yet still it is done with respect to the governments then existing, and not by any means throwing off the existing 1. Martin published his Genuine Information in the December 28, 1787-February 8, 17 88 issue of Hayes's Maryland Gazette and continued to publish Convention documents in that paper during the first half of 1788 (he evidently placed the New Jersey plan in the February 15, q88 issue). The observations in the June 3 issue of the Gazette can be attributed to Martin because the commentaries on the contrasting sections of the Committee of Detail report and the Constitution as adopted repeat several of his characteristic objections to the Constitution, especially his alarm at its apparent supersession of the state bills of rights.

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compacts, and acting as unassociated individuals.-As altered, every appearance of the existing governments, under their respective Constitutions, is relinquished, the very names struck out, general purposes and powers given extending to every purpose of the social compact, and then this Constitution including all these purposes, is made the Constitution of the United States, without any reserve of the several States and their Constitutions then existing; and then this Constitution enacted for these unlimited purposes, we afterwards find is expressly declared paramount to all Constitutions, and laws existing in the States.-lt is said the alterations of nine States being sufficient to render it binding required this. It is nonsense, for if only nine States agree they are no more the people of the United States, than they are the people of the disagreeing States by name; but why put in those general and unlimited purposes and powers, and why strike out the first article containing the style of the government, which is that of a confederacy, and could only operate to resist the idea of one great consolidated government? ART. V. The times, places, and manner of The times, places, and manner of holding elections for senators and holding elections of the members of representatives shall be prescribed each house, shall be prescribed by in each State by the legislature the legislature of each State, but thereof; but the Congress may at any their provisions, concerning them, time by law, make, or alter such regmay at any time be altered by the ulations, except as to the places of legislature of the United States. chusing senators.

REMARKS. The insertion of the word make, gives Congress an original power in this business, which could only be necessary in case the States are at some period to lose all existence; for the word altering as it at first stood, would extend to every necessary purpose, supposing the States continued in their existence. The Congress shall have power to ARTV. Sect. The legislature of the lay and collect taxes, duties, imposts United States, shall have power to and exises, to pay the debts, and prolay and collect taxes, duties, imposts vide for the common defence and general welfare of the United States. and exises.

REMARKS. The original Constitution was very clear and express, cautiously avoiding the conferring of general powers, or powers in general terms, which amounts to the same thing-If these last powers are construed to extend to explain purposes to which money is to be applied, they are unnecessary; for the clause declaring and defining the manner of appropriation is sufficient-but the grammatical construction is a general grant of power-

JUNE J, 1788

293

and in every view supposing it was intended to give a general and undefined power, I know of no manner so effectual as this giving them money for this general and undefined purpose. To call forth the aid of the militia To provide for calling forth the to execute the laws of the union, en- militia to execute the laws of the force treaties, suppress insurrections, union, suppress insurrections and and repel invasions. repel invasions-To provide for organizing, arming and disciplining the militia, and 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. REMARKS. As the Constitution stood at first, to call forth the aid, &c. it was in the style of requisition, in which all original power remained with the State.The word PROVIDE gives an original power; lest the providing which must mean making provisions or laws for organizing, arming, disciplining and governing the militia, gives a compleat power, and subjects the yeomanry of this country, at any, and all times, to martial law, which is not restrained in this Constitution, as it is in Great-Britain.-The infering treatise2 is indeed struck out-but treaties being by a subsequent clause made laws of the land it became unnecessary, as they may be called to execute treaties as laws-and the compleat power over militia being given Congress, the States can have no defence left to support their rights, if they have any. No navigation act shall be passed Struck out entirely, and it ought without the consent of two-thirds of to be a sine qua non with the southern the members present in each house. States. ART. X. The ineligibility struck out. The Executive power, &c. but shall not be elected a second time. ART. XI. The Judicial power of the United The Judicial power of the United States, shall be vested in one Su- States, shall be vested in one Supreme Court, and in such inferior preme Court, and in such inferior Courts as shall, when necessary, from Courts as Congress may from time time to time, be constituted by the to time ordain and establish. legislature of the U. States. 2. Obviously a printer's error; "inserting treaties" were probably the words as Martin originally wrote them.

294

SUPPLEMENT TO FARRAND'S RECORDS

Sect. 3. The jurisdiction of the Supreme Court, &c.

The Judicial power shall extend, &c.

REMARKS. The manifest idea of the first Constitution was to confine the jurisdiction of the United States to one general supreme court, with an appeal from the State courts in particular cases-although, if necessary (which was then only explained to extend to revenue cases) they might establish some inferior courts, but no jurisdiction was assigned them by the Constitution, but by the alteration all the powers of jurisdiction are extended to all inferior federal courts, which will render them very numerous of course, and lay the foundation of swallowing up the State jurisdictions. ART. VII. The acts of the legislature of the This Constitution and the laws of United States, made in pursuance of the United States, which shall be this Constitution, and all treaties made in pursuance thereof, and all made under the authority of the treaties made, or which shall be United States, shall be the supreme made, under the authority of the law of the several States, and the United States, shall be the supreme judges of the several States shall be law of the land, and the judges in bound thereby in their decisions; every State shall be bound thereby; any thing in the Constitutions or any thing in the Constitution or laws laws of the several States to the con- of any State to the contrary notwithtrary notwithstanding. standing.

REMARKS. A careful attention to the change in this clause will serve as a clue to all the other changes-in the clause as it first stood, only the acts of the legislature in pursuance of defined Constitution, which admitted of no general expression, were to be construed paramount to the Constitution and laws-As it is altered-an undefined Constitution with full general powers is declared to supercede all the State Constitutions and whether in part, or in what part, or whether in toto, no man can presume to saysecondly, by inserting after treaties made these words and shall be made the Constitution has an expost facto force, which is contrary to those very principles it seems anxious to establish-but thirdly, the original clause, clearly demonstrated that it was the intention of the Convention to execute this new Constitution by means, and thro' the intervention of the States, as it says-they shall be the supreme law of the several States, and the judges of the several States, but the alteration into supreme law of the land, and the judges in the several States, discover plainly the design of erecting one consolidating government universally pervading the land, and to be executed independant of the States and of course from necessity and on

JUNE 3, q88

295

purpose abolishing them gradually, if it is not absolutely done by the very first alteration.Besides this, an appeal was then given both as to law and fact, at that late stage of the business, which effectually destroys the trial by jury in civil cases and may elude it in criminal cases-the establishment of the trial by jury in criminal cases only was not so important whilst it was intended to execute the Constitution thro' the medium of the State courtsnor would a bill of rights have been so essential as the bills of rights of the several States and rights incorporated in the Constitutions of the several States, would have been binding on the State courts, where not expressly done away by the new Constitution, but the executing the laws of Congress by national courts, who cannot be bound by these bills of rights totally reverses the subject. Almost all the objections to the proposed Constitution are grounded on these alterations, effected contrary to the sense of the Convention until within a few days of the end of their session. The Maryland Gazette; or, The Baltimore Advertiser, June 3, 1788

HUGH WILLIAMSON TO JOHN GRAY BLOUNT

New York 3rd June 1788 ... We all admire the beautiful Trope of Col. Mason at the Court House in the County where he was elected. You may have been taught said he to respect the Characters of the Members of the late Convention. You may have supposed that they were an assemblage of great Men. There is nothing less true. From the Eastern States there were Knaves and Fools from the States Southward of Virginia They were a parcel of Coxcombs and from the middle States Office Hunters not a few. ALS (North Carolina Division of Archives and History)

AUGUST

10,

q88

CHARLES PINCKNEY TO MATTHEW CAREY

Charleston August ro, r 7 88. I would with pleasure send you a copy of my system on which those Observations are founded-( or rather it was a speech at opening the system & erroneously termed Observations) but I have not one.-the original being laid before the convention, & the copy I gave to a gentleman at the northward.-If you think the copy of the system is indispensable to the publication, I am sorry it is not in my power to procure it for you.-The System was very like the one afterwards adopted with this important addition-that it proposed to give to the federal government an absolute Negative on all the laws of the States. Farrand, 4:80

OCTOBER 17 8 8

]AMES MADISON: REMARKS oN }EFFERSON's DRAFT OF A CoNSTITUTION

A revisionary power is meant as a check to precipitate, to unjust, and to unconstitutional laws. These important ends would it is conceded be more effectually secured, without disarming the Legislature of its requisite authority, by requiring bills to be separately communicated to the Exec: & Judicy depts. If either of these object, let 2/3 , if both :V4 of each House be necessary to overrule the objection; and if either or both protest agst. a bill as violating the Constitution, let it moreover be suspended notwithstanding the overruling proportion of the Assembly, until there shall have been a subsequent election of the H. of Ds and a re-passage of the bill by 2/3 or :V4 of both Houses, as the case may be. It sd not be allowed the Judges or the Executive to pronounce a law thus enacted unconstitul & invalid. In the State Constitutions & indeed in the Fed!. one also, no provision is made for the case of a disagreement in expounding them; and as the

Courts are generally the last in making their decision, it results to them, by refusing or not refusing to execute a law, to stamp it with its final character. This makes the Judiciary Dept. paramount in fact to the Legislature, which was never intended, and can never be proper. 1 Farrand, 4:81

1. This paragraph, omitted by Farrand, is printed from Robert Rutland, ed., The Papers of James Madison, 15 vols. (Charlottesville, 1962- ), 11:293.

297

MARCH 28, 1790

jAMES MADISON TO TENCH CoxE

Your idea of appropriating a district of territory to the encouragement of important inventions is new and worthy of consideration. I can not but apprehend however that the clause in the constitution which forbids patents for that purpose will lie equally in the way of your expedient. Congress seem to be tied down to the single mode of encouraging inventions by granting the exclusive benefit of them for a limited time, and therefore to have no more power to give a further encouragement out of a fund of land than a fund of money. This fetter on the National Legislature tho' an unfortunate one, was a deliberate one. The Latitude of authority now wished for was strongly urged and expressly rejected. ALS (Library of Congress)

JANUARY 2 I, I792

jAMES MADISON TO EDMUND PENDLETON

If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions. It is to be remarked that the phrase out of which this doctrine is elaborated, is copied from the old articles of Confederation, where it was always understood as nothing more than a general caption to the specified powers, and it is a fact that it was preferred in the new instrument for that very reason as less liable than any other to misconstruction. Remaining always & most Affecly yours ALS (Library of Congress)

299

JANUARY

I6, 1802

jOHN DICKINSON TO GEORGE LOGAN Wilmington the I 6th of the I st Month I 802 ... In the first section of the second Article it is said-"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 the Congress" etc. After the word "Electors" should be inserted these words-"to be chosen by the people," which will be agreeable to the true Meaning of the Constitution. This is manifest from a fair Interpretation of the whole Instrument by comparing the different parts and from the most reputable contemporary Exposition of it. As I was one of the Convention who framed the Constitution, I can affirm, that the Intention of that Assembly was that the Electors should be chosen by the People and not appointed by the Legislatures of the States. There was a Committee of one delegate from each state appointed by the Convention, to consider of and report the most adviseable Mode of chusing the President. I do not pretend to be exact as to words, as I write from Recollection. I was the Member from Delaware. One Morning the Committee met in the Library Room of the State House, and went upon the Business. I was much indisposed during the whole Time of the Convention. I did not come into the Committee till late, and found the members upon their Feet. When I came in, they were pleased to read to Me their Minutes, containing a Report to this purpose, if I remember rightly-that the President should be chosen by the Legislature. The particulars I forget. I observed, that the Powers which we had agreed to vest in the President, were so many and so great, that I did not think, the people would be willing to deposit them with him, unless they themselves would be more immediately concerned in his Election-that from what had passed in Convention respecting the Magnitude and accumulation of those powers, We might easily judge what Impressions might be made on the Public Mind, unfavorable to the Constitution We were framing-that if this single Article should be rejected, the whole would be lost, and the States would have to work to go over again under vast Disadvantages-that the

300

JANUARY 16, 1802

30I

only true and safe Principle on which these powers could be committed to an Individual, was-that he should be in a strict sense of the Expression, the Man of the People-besides, that an Election by the Legislature, would form an improper Dependence and Connection. Having thus expressed my sentiments, Governieur Morris immediately said-"Come, Gentlemen, let us sit down again, and converse further on this subject." We then all sat down, and after some conference, James Maddison took a Pen and Paper, and sketched out a Mode for Electing the President agreeable to the present provision. To this we assented and reported accordingly. These two Gentlemen, I dare say, recollect these Circumstances. The full Exercise of this momentous Right being positively secured to the People, by Terms that will admit of no Controvercy, it should be further provided, that the Electors of the President, should be chosen by those of the people in each State, who shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Perhaps, it may also be adviseable, to provide for the Case of two or more persons voted for as Electors of the President having an Equality of Votes. I have a heartfelt Pleasure in trusting, that the practice of appointing the Electors of the President by the Legislature of any States, will be for ever abolished. Whatever advantages we Republicans derive at present from such a practise, which tho devised by our Opponents has, like all the rest of their Contrivances, turned against them, Yet-we ought with a Magnanimous Integrity to cast them away from us, and putting our Trust in Divine protection, with singleness of Heart, make Truth, Justice, and the Happiness of our Country, the only Objects of our political Attentions . . . . By the Constitution it was designed, that the President should entirely owe his Elevation to the will of the people directly declared through their Organs the Electors. This was a broad and solid Base for him to stand upon. There was no Cloud interposed between him and the people, to Obscure Objects. The electors having performed their ephemeral Duty, melt at once into the common Mass. No standing Body or Bodies whatever, can consider the President as their Creature, and an unbecoming Connection between him and the Legislatures of the several states is utterly prevented. The Constitution evidently contemplates a Repartition of Legislative, Executive, and Judicial Powers: But, what a strange Departure from this simple Principle appears, when we see the Legislatures of the several states creating the President of the Union-which they as absolutely do, by appointing his Electors, as if they themselves elected him-and also creat-

302

SUPPLEMENT TO FARRAND'S RECORDS

ing the Senate vested with such large legislative, executive, and judicial Authority. They not specifying who is Voted for a President, and who is Vice President may cause Confusion. ALS (Historical Society of Pennsylvania)

AUGUST [r8o4?]

WILLIAM SAMUEL joHNSON T O - - -

Stratford August Dear Sir As I have no correspondent at Boston I presume the honor you did me last autumn to call upon me on your return from New York will be a sufficient apology for my acquainting you with a fact which my friends think I ought to communicate to some gentleman of the Mass. Legislature In their excellant remonstrance to Congress on the surprising introduction of Louisiana into the union they observe that on enquiry they could not discover that the subject had ever been contemplated by the convention. That it was not actually mentioned in the convention is true, but the subject occurred to me in my comparing the government we were about to form with existing & antient republic's. & particularly that of Holland, which I observed had acquired territory but did not admit it into their union but governed it as a subordinate territory. And this as far as I can discover was the case with all the antient republic's, and Rome we know in this manner governed almost the whole of the then known world, by her proconsuls; though indeed she had the indiscretion to admit all Italy to the priviledges of the city & thereby sowed the seeds of her ruin. I then thought to mention the subject in the convention, but first, as was usual in every case committed the matter to my colleagues & stated the question to them in this manner viz. suppose G.B. should make war upon us & in the course of such war we should conquer Nova Scotia & retain it at a peace could this territory be admitted into the union? They both answered without hesitation, by no means it might be held & governed as a subordinate territory. Shall we make it a question before the convention as a subject for their deliberation? They both agreed it was a matter so obvious that it was not worth the while to trouble the convention with it. However I made it a subject of conversation among all the little parties of the members I was conversant with for some time after and I believe mentioned it on several committees but in no instance did I find any Gentleman who thought there would be any grounds for such an admission; or occasion for any provision of the convention with regard to it. For as is remarked in your remonstrance, it was the universal sense that our greatest danger of failure was from the great extent of the union so that I cannot doubt but had the

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SUPPLEMENT TO FARRA.ND'S RECORDS

subject been stated to the convention there would have been an unanimous vote against such an admission into the union, so that I was very much surprised when I saw the measure proposed in Congress & astonished when it was adopted. And give me leave to submit to your consideration whether the tenure in its very nature does not forbid it. Louisiana was held by France an absolute government as a subordinate territory in full & absolute dominion at the will of the sovereign, it was conveyed by that sovereign to the sovereign of the United States of America & vested in the sovereignty of the union in the same manner. Congress is not that sovereign (though some of its members at times act & speak as if they were so) but the agent of sovereignty with special limitations. Louisiana is not a free & independant state it is the property of the union the people are not citizens but subjects of the U.S. but the subject of the U.S. the objects & materials of our union were sovereign, free & independant states. Is it possible then that such a subordinate territory so holden could be united to a body so consisting of sovereign and independant States. (Would it not be more a juncture a union of the dead with the living) or had Congress power to take this property from the sovereigns & first to declare it a free and independant state & thus bring it into the union! I think not. Tis true there is a provision of the constitution that Congress may make new States-but out of what are they to make them! The subject before the convention & about which the provision was made was only free & independant states; it therefore amounted only to a power to divide the largest states & so modify parts of the union in point of government as should be most convenient & beneficial to the people. I am not sure this idea is not too metyphisical to be of any use but if ever the part I have stated or the idea relative to the tenure of Louisiana has any solidity in it you & your Friends (Blessed be God) a strong corps of intellect & wisdom united under a chief magistrate (whom I have the honor to know to be a Gentleman) of tried wisdom, integrity, & firmness will know how to apply them. TR (Connecticut Historical Society)

NOVEMBER 30,

I

8o6

ABRAHAM BALDWIN IN THE UNITED STATES SENATE

In a conversation this day with Abraham Baldwin a senator from Georgia& a member of the Convention who formed the Constitution of the United States-he said that, Genl. Washington at that time, in a morning's walk, told him he did not expect the constitution would exist more than 20 years. He said, That the convention was more than once upon the point of dissolving without agreeing upon any system. Many believed they had no authority to report a new system, but only propose amendments to the old articles of Confederation. Some were for a government of energy embracing many objects of legislation-but others to have a more limited authority & to extend to fewer objects. All were better pleased with it when the propositions were reduced to form & connected together than they expected. All the members present, except three signed it-these were Elbridge Gerry of Massachusetts, George Mason & Edmund Randolph of Virginia. Mr. Baldwin observed That after the instrument was engrossed & ready to be signed, Genl. Washington then President of the convention rose, with his pen in his hand-& observed, That his duty as presiding officer, & his inclination had united in preventing him from taking an active part in the interesting debates of that body-That doubts might exist whether he approved of the instrument, or only signed it by order of the Convention-he tho't it his duty to remove these doubts by explicitly declaring That tho' he did not consider it a perfect system-yet he approved of it as a man, & as a delegate from Virginia.-There was however one feature in it he wished, even at this late hour, might be changed-It was the only favor he had, or would ask of the Convention-That was the representation of the States-40,000 souls he tho't too high a number for a representative.-A state, who has from 70 to IOO representatives in its Legislature, will if this principle is retained have not more than 2, 3, or 4 representatives in the House of Representatives in Congress. This principle, to him, appeared antirepublican-He wished the convention would strike out 40, & insert JO,ooo--To this the Convention unanimously agreed. (EverettS. Brown, ed., William Plumer's Memorandum of Proceedings in the United States Senate I8o3-I8o7 [New York, 1923], 518-19)

305

JULY

26, 1810

THOMAS }EFFERSON TO JAMES MADISON

Dear Sir Monticello July 26. ro Your's of the I 7th and that by the last mail are received. I have carefully searched among my papers for that of Hamilton which is the subject of your letter, but certainly have it not. If I ever had it (which I should doubt) I must have returned it. I say I doubt having had it because I find it in your Conventional debates under the date of June I 8 where it is copied at full length, being so entered I presume in your original manuscript. Having it in that, I do not suppose I should have wanted his original. I presume you have your MS. of the debates with you. If you have not, drop me a line and I will copy it from my copy. ALS (Library of Congress)

306

OCTOBER 16, 1818

JoHN QUINCY ADAMS TO WILLIAM jAcKSoN

October r6, r8r8 Sir, By a Resolution of Congress at their last Session, the Journals of the Convention which formed the Constitution of the United States, have been directed to be published, together with such documents relating to their proceedings as are in possession of the Government. In the month of March I 796 the volume containing the Journal of the Convention, and that containing their proceedings while in Committee of the Whole, with another containing statements of the yeas and nays taken, on various questions, and nine separate papers of little consequence, were deposited in the Department of State, by President Washington, and these are all the documents possessed by the Government coming within the scope of the Resolution directing the publication. The Volume containing the Journal closes with the proceedings of Friday 14th September r8q [i.e., 1787]. The Journal of Saturday, the 15th and of Monday the qth of September, are therefore not included in it, and if published without further addition, it will leave the proceedings of the Convention incomplete. I have thought it therefore advisable, to apply to you as the Secretary of that Convention to enquire, whether you have in your possession, or can direct me to any other source from which could be obtained any papers by which the journal of the two deficient days can be completed. And also, whether you have copies of any other papers, relating to the proceedings of the Convention, which you would have the goodness to communicate to be added to the publication. Governor Bloomfield, some months since transmitted to me several papers, which came to his possession as Executor to Mr. Brearly, one of the Members of the Convention. Among them are Copies of sundry Resolutions offered to the Convention on the rsth of June I 787 by Mr. Patterson. And of a plan of a Constitution of the United States proposed by Colonel Hamilton. The Resolutions offered by Mr. Patterson, are referred to in the Journal of I 5th June 1787, but no Copy of them was among the papers deposited by President Washington in the Department of State. There is no reference

307

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SUPPLEMENT TO FARRAND'S RECORDS

in the Journal to the plan proposed by Colonel Hamilton; but the Journal notices a plan for a constitution proposed by Mr. Charles Pinckney, no Copy of which is among any of the papers which we possess. As it is desirable that the publication should be made as soon as possible, your answer at as early a moment, as may suit your convenience, will confer an obligation. I am with much Respect, Sir, your very humble Servt. John Quincy Adams ALS (Yale University Library)

OCTOBER 19, 1818

WILLIAM jACKSON TO jOHN QUINCY ADAMS

Philadelphia, October r 9th, r 8 r 8 I had the honor of receiving your letter of the r 6th instant, this morning; and I regret that the means of complying with your request, as it regards any documents connected with the proceedings of the Convention, which formed the Constitution of the United States, are not within my powerEvery Document, relative thereto, having been delivered to President Washington on the day when I left Philadelphia for New York, to present the Constitution to Congress. It is almost impossible, in the lapse of thirty years, to state occurrences with accuracy; but I am inclined to believe that the Convention adjourned from friday, the 14th of September 1787 to Monday the 17th, and on that day no other transaction passed in Convention, than to sign the Constitution and the letter to Congress. There is no Person so capable of giving correct answers to your several enquiries as President Madison, who was certainly among the most efficient Members of the Convention. I expect to have the honor of paying my respects to you before the Meeting of Congress, and should anything occur to improve my recollection of the facts, to which you refer, it shall be faithfully communicated. Farrand, 4:81-82

OCTOBER

2 I) I

8I 8

WILLIAM jAcKSoN TO joHN QuiNCY ADAMS

Philadelphia, October 2Ist., I8I8. Being desirous to render the reply, which I had the honor of making to your letter of the I 6th instant, as satisfactory as the remote period and circumstances, to which it refers, will admit, I have conversed with Messrs. Butler and Ingersoll, who were Members of the Convention, and are now resident in this city.-They corroborate my recollection of the adjournment from friday the I 4th of September 1787 to Monday the qth, for the purpose of preparing the Constitution for signature-and Mr. Ingersoll adds that Dr. Franklin, Mr. G. Morris and himself were the Committee appointed on the I 7th to draught the letter to Congress, and that no other business, besides signing the Constitution and that Letter, was transacted on that day. That the Constitution of the United States, as agreed on by the Convention, was the result of numerous concessions to what was deemed the nearest approach to the general interest, is manifested by many of its provisions, and the brief notice of other Plans, that were not acted on, was a necessary consequence of the same conciliatory disposition. It was, indeed, cause of felicitation to the best men in that respectable Assembly, that its proceedings were conducted and closed in a spirit of unanimity and accommodation, honorable to individuals and highly beneficial to the Public. Farrand, 4:82-83

JIO

JULY 6,

JoHN LANSING TO EDMOND

C.

1821

GENET

July 6, 1821 Sir In compliance with your wishes, which you did me the honor to communicate yesterday, I have made the necessary examinations to ascertain whether any of the documents referred to in the original book of notes made by the late Chief Justice Yates, of the proceedings of the General Convention of the U.S. had been received with the book, and I am firmly persuaded I received none. When I obtained the book from Mrs. Yates, the widow of the Chief Justice, I expressly stipulated to transcribe it, and furnish her with a copy in a month, which was accordingly done, and from the shortness of the intervening time, I am perfectly satisfied a copy of all I received, was delivered to her-as to furnish a copy of every part was in the spirit, if not in the express terms, of the stipulation; and it could not possibly have escaped the recollection of that lady, her family, and myself, if any had been omitted. At the time I became possessed of the notes, it was of some personal interest to me to have them in my power, though to acquire the copyright never was my intention, and it was reserved to Mrs. Yates. While copying the notes I was tempted to add marginal notes, explanatory or corrective to the text, the matter of which might have been extracted from my own notes, made on the same occasion, but I refrained from doing so, and made the transcript verbatim, without the least mutilation or other alteration. After the copy had been completed it was carefully compared with the original, and, as I have no doubt of its correctness, I think I may venture to vouch for its accuracy. I am, Sir, respectfully, your obedient servant, John Lansing, Jr. Albany Argus, August

24, 1821

JI I

JUNE 27, r823

jAMES MADISON TO THOMAS jEFFERSON

Montpellier, June 27, r823 Believing as I do that the General Convention regarded a provision within the Constitution for deciding in a peaceable & regular mode all cases arising in the course of its operation, as essential to an adequate System of Govt. that it intended the Authority vested in the Judicial Department as a final resort in relation to the States, for cases resulting to it in the exercise of its functions, (the concurrence of the Senate chosen by the State Legislatures, in appointing the Judges, and the oaths & official tenures of these, with the surveillance of public Opinion, being relied on as guarantying their impartiality); and that this intention is expressed by the articles declaring that the federal Constitution & laws shall be the supreme law of the land, and that the Judicial Power of the U.S. shall extend to all cases arising under them: ... thus believing I have never yielded my original opinion indicated in the "Federalist" No. 39 to the ingenious reasonings of Col: Taylor agst. this construction of the Constitution. Farrand, 4:8 3-84

JI2

FEBRUARY

II, I824

]AMES MADISON To RoBERTS. GARNETT

Montpellier, Feb. I I, I 824. The general terms or phrases used in the introductory propositions, and now a source of so much constructive ingenuity, were never meant to be inserted in their loose form in the text of the Constitution. Like resolutions preliminary to legal enactments it was understood by all, that they were to be reduced by proper limitations and specifications, into the form in which they were to be final and operative; as was actually done in the progress of the session. Farrand, 4:84

AUGUST 1824

jAMES MADISON TO PETERS. DUPONCEAU

Montpellier Aug. r824. A characteristic peculiarity of the Govt. of the U. States is, that its powers consist of special grants taken from the general mass of power, whereas other Govts. possess the general mass with special exceptions only. Such being the plan of the Constitution, it cannot well be supposed that the Body which framed it with so much deliberation, and with so manifest a purpose of specifying its objects, and defining its boundaries, would, if intending that the Common Law shd. be a part of the national code, have omitted to express or distinctly indicate the intention; when so many far inferior provisions are so carefully inserted, and such appears to have been the public view taken of the Instrument, whether we recur to the period of its ratification by the States, or to the federal practice under it. Farrand, 4:85

314

AUGUST

I I' I

827

TIMOTHY PICKERING: MEMORANDUM

Major William Jackson Philadelphia, Aug. I I, I 827 A letter of the 7th instant from Wm. Coleman stated to me the request of Mrs. Hamilton, that I would call on Major Jackson (who was Secretary of the Convention that formed the Constitution of the United States) who could "import some interesting and important intelligence respecting the agency of Hamilton in forming the Constitution, etc. etc. Mrs. Hamilton went to him a few years ago for the purpose of obtaining it, but was told by the Major that he was still under an injunction of secrecy; as he had promised General Hamilton in his life time, not to breach the seal which contained the deposit left with him, till twenty years should have elapsed; the time has now expired; and Major Jackson, at her request, will doubtless deliver them to you." Having called twice at Major Jackson's house, without finding him at home, he this morning called on me. I read to him that part of Coleman's letter above quoted: when he answered, that Mrs. Hamilton was entirely mistaken, as to the confidential intelligence he was supposed to possess: and then stated to me. That after, by mutual concessions, the Constitution had been adopted in the Convention, General Washington (who had been its President) spoke to him to this effect: "Major Jackson, you have been observed to be constantly taking notes of what passed in the Convention, during the discussions of the numerous propositions presented for consideration; but it would be wholly improper to publish them: and I must therefore desire you not to suffer them to be made public while you live." Upon which, Jackson says he pledged himself to Washington, this his request should be sacredly observed. I asked Jackson, of what those notes consisted/ He answered-of the speeches of members of the Convention: that altho' he did not write any usual short-hand yet, by putting a single letter for short words, and a syllable for long ones, he was able to keep pace with speakers who uttered their words with the deliberation usual in debate. I then asked him if from these abreviations he had written out the speeches at full length, as it could be done only by himself! He answered-"That he was doing it." You will at once reflect, that the fortieth year smce the Convention finished its

316

SUPPLEMENT TO FARRAND'S RECORDS

labours, is nearly elapsed: whence it is to be apprehended that those speeches may remain locked up forever, in the Major's abreviations. Some years have passed away since his Political Register (i.e., newspaper) became defunct; and subsequently Major Jackson has had no business or employment, public or private. At any rate, you see, that no information concerning Hamilton can be derived from him. AD (Massachusetts Historical Society)

JANUARY 14, r828

TIMOTHY PICKERING TO JOHN LOWELL

... James Wilson (afterwards Judge Wilson) was a member of the National Convention by whom the Constitution was formed. In conversation with him, above thirty years ago, he told me, that after the entire instrument had been agreed on, in its existing form, the final revision of it was committed to him in regard to grammatical accuracy or correctness of style (such is the impression in my memory); certainly not to introduce a single idea. This philological office comprehended, of course, what related to punctuation: but whether in the instance in question, Wilson found a semicolon after excises, or substituted it in place of a comma, or found it without any marked pause can never be known. Whether punctuation ought ever to govern the construction of any writing, it does not belong to me to decide; but it certainly gives facility to an understanding of its meaning. . . . 1 ALS (Massachusetts Historical Society)

I. In a draft of this letter, dated January 9, I 828, Pickering wrote that Wilson "once told me, that after all the articles and parts of it had been agreed on, arranged, and in its present form adopted and fixed, its final revision, in regard to correctness of style, was committed to him" (Pickering Papers, Massachusetts Historical Society). In a letter to John Marshall, March 10, I828, Pickering stated that Wilson "once told me, that after the Constitution had been finally settled, it was committed to him to be critically examined respecting its style in order that the instrument might appear with the most perfect precision and accuracy of language" (ibid.).

OCTOBERJo, r828

]AMES MADISON TO JOSEPH

c.

CABELL

October 30, I 828 A history of that clause, as traced in the printed journal of the Federal Convention, will throw light on the subject. It appears that the clause, as it originally stood, simply expressed "a power to lay taxes, duties, imposts, and excises," without pointing out the objects; and, of course, leaving them applicable in carrying into effect the other specified powers. It appears, farther, that a solicitude to prevent any constructive danger to the validity of public debts contracted under the superseded form of government, led to the addition of the words "to pay the debts." This phraseology having the appearance of an appropriation limited to the payment of debts, an express appropriation was added "for the expenses of the Government," &c. But even this was considered as short of the object for which taxes, duties, imposts, and excise might be required; and the more comprehensive provision was made by substituting "for expenses of Government" the terms of the old Confederation, viz.: and provide for the common defence and general welfare, making duties and imposts, as well as taxes and excises, applicable not only to payment of debts, but to the common defence and general welfare. 2.

Farrand, 4:85-86

JI8

jAMES MADISON TO - - -

It seems to be forgotten, that the abuses committed within the individual States previous to the present Constitution, by interested or misguided majorities, were among the prominent causes of its adoption, and particularly led to the provision contained in it which prohibits paper emissions and the violations of contracts, and which gives an appellate supremacy to the judicial department of the U.S. Those who framed and ratified the Constitution believed that as power was less likely to be abused by majorities in representative Govts. than in democracies, where the people assembled in mass, and less likely in the larger than in the smaller communities, under a representative Govt. inferred also, that by dividing the powers of Govt. and thereby enlarging the practicable sphere of government, unjust majorities would be formed with still more difficulty, and be therefore the less to be dreaded, . Farrand, 4:86-87

APRIL I9, I835

EXTRACT FROM jAMES MADISON'S WILL

April I9, r835. Considering the peculiarity and magnitude of the occasion which produced the convention at Philadelphia in 1787, the Characters who composed it, the Constitution which resulted from their deliberation, it's effects during a trial of so many years on the prosperity of the people living under it, and the interest it has inspired among the friends of free Government, it is not an unreasonable inference that a careful and extended report of the proceedings and discussions of that body, which were with closed doors, by a member who was constant in his attendance, will be particularly gratifying to the people of the United States, and to all who take an interest in the progress of political science and the cause of true liberty. It is my desire that the report as made by me should be published . Farrand, 4:87

320

jUNE9, 1856

EDWARD

COLES: HISTORY OF THE ORDINANCE OF I787

... This brings to my recollection what I was told by Mr. Madison, and which I do not remember ever to have seen in print. The Old Congress held its sessions in I 7 87 in New York while at the same time the convention which made the constitution of the United States held its sessions at Philadelphia. Many individuals were members of both bodies, and thus were enabled to know what was passing in each, each setting with closed doors and in secret sessions. The distracting question of slavery was agitating and retarding the labours of both, and led to conferences and inter-communications of the members, which resulted in a compromise by which the northern or anti-slavery portion of the country agreed to incorporate into the Ordinance and Constitution the provision to restore fugitive slaves; and this mutual and concurrent action was the cause of the similarity of the provision contained in both, and had its influence in creating the great unanimity by which the Ordinance passed, and also making the constitution the more acceptable to slaveholders. Among the first passed by the first Congress and approved by President Washington, August 7, 1789, was one to adopt the Ordinance to the new constitution of the United States. It thus received the sanction of Congress under the present constitution, as it had previously done of the Old Congress under the Articles of Confederation . . . . AD (Historical Society of Pennsylvania)

321

GEORGE BANCROFT: ANECDOTE

When, on the seventeenth, Gouverneur Morris proposed a reconsideration of the resolution of the former day, no one would second his motion. A few days later Uuly 23] the number of senators for each state was fixed at two, and each of these, as had been proposed by Gerry and seconded by Sherman, was personally to have one vote. From the day when every doubt of the right of the smaller states to an equal vote in the senate was quieted, they-so I received it from the lips of Madison, and so it appears from the records-exceeded all others in zeal for granting powers to the general government. Ellsworth became one of its strongest pillars. Paterson of New Jersey was for the rest of his life a federalist of federalists. Farrand, 4:88-89

J22

UNDATED

WILLIAM SAMUEL jOHNSON: MEMORANDUM

The result of whose deliberations was that it was advisable and perhaps necessy to call a convention of the States in order to form a new Constitution, & this was appointed to meet at Philadelphia In the year ) wh. accordingly met in a very full convention, and of this ( convention I was appointed a member by the State. The debates at the convention were very long. & for a long time it remained in doubt whether we shd. be able to effect any thing. But knowing the necessy of doing something we finaly by mutual concession agreed upon the present constitution of the U.S. Farrand, 4:88

323

UNDATED

BENJAMIN FRANKLIN: ANECDOTE

In conversing with Dr. Franklin on the subject of the constitution, after it was published, the Doctor said to N. W. that he had agreed to the form of the constitution, although it had always been his opinion that the legislative body should consist of one house only. But said the Doctor, "I have all my life been changing my opinions on many subjects and in this case I have yielded my opinions to those of other men." TR (Yale University Library)

324

Appendix: The Weather during the Convention

"It turned out to be a very hot summer in Philadelphia." 1 So claim the authors of a recent monograph on the Convention. Writers have always watched Philadelphia's weather during the summer of 1787 and have, with few exceptions, described it as hot and oppressive, apparently because the heroic stature of the framers seems to require them to have conquered the elements as well as the political crisis in the nation. Farrand did not publish meteorological records for the summer of 1787; the closest approximation is an edition of William Samuel Johnson's laconic journal (III, 552-54). Research for the present supplement uncovered three detailed accounts of Philadelphia's summer weather which, because of the interest in the subject, are published in tabular form below. The entries under Morris are from a diary at the Hagley Museum and Library kept by the Philadelphia brewer Thomas Morris. Jacob Hiltzheimer, owner of a livery stable and other businesses in Philadelphia, was a member of the Pennsylvania Assembly; his diary is at the American Philosophical Society. Peter Legaux was a French immigrant who owned a farm and practiced viticulture at Spring Mill, thirteen miles northwest of Philadelphia. A student of Jean Andre DeLuc, the Swiss-born geologist and meteorologist, Legaux kept detailed meteorological records from I 7 86 to I 82 7. His observations for I787 were published at the end of each month's issue of the Universal Arylum and Columbian Magazine, a Philadelphia literary magazine, from which they are printed here. Only selected items from Legaux's records are used. His full records, published in the Universal Arylum, contain each day's mean temperature in Fahrenheit and Reaumur, barometric readings, wind directions, amounts of precipitation, and even the frequency of appearances of the aurora borealis. In using Legaux's readings it should be remembered that he gives mean temperature and that all his information was recorded at his farm, not in downtown 1. James and Christopher Collier, Decision in Philadelphia: The Constitutional Convention of 1787 (New York, 1986), 74-75.

325

326

SUPPLEMENT TO FARRAND'S RECORDS

Philadelphia. Each month Legaux noted the highest and lowest temperature readings; these are included at the appropriate dates. Using Legaux's and other records, David M. Ludlum of the American Weather History Center compiled the following statistics on Philadelphia's weather during the summer of 1787:

May June July Aug. Sept.

Average temp.

Depart. normal

Maximum

Minimum

Rainfall

Depart. normal

62.0 70·7 72·4 74·5 64·7

+o.7 + 1.0 -4.1 -0.4 - !.7

80.1 93·8 96.0 95·0 93·9

34· I 45·0 45·7 50.0 36.5

4·96 I. 88 3·09 5· 18 2.62

+0.92 -2.11 -0.97 +0.95 -1.02

Ludlum calculated "normal" temperature and rainfall by using the Pennsylvania Hospital Records, I 82 s-7 I. He concluded that "in general terms Philadelphia enjoyed a cool summer in I7 87. " 2 It is, perhaps, not without interest to compare these findings with a recent discovery that, despite the heat in which the imaginations of generations of writers have enveloped Philadelphia on July 4, I 776, Independence Day was also cool. 3

2. Unpublished paper in author's possession. It is obvious, however, from letters in the new supplement that the impact of temperature was subjective; what to one person was hot was to another pleasant. 3· Paul H. Smith, "Time and Temperature: Philadelphia, July 4, 1776," Quarterly Journal of the Library of Congress 33 (October 1976): 297-98.

H iltzheimer May 14

Some Rain in the Morning

May 15

Some Rain in the Morning

May 16

Clear & Pleasant

May 17

May 20

Cloudy in forenoon, Clear in the Afternoon Clear in forenoon, in the afternoon .. a gust coming on fast, . . . [later] it began to rain Clear Last Night, had a Smart Shower of Rain with Some Thunder a Gust in the Afternoon

May 21 May 22

Clear & Pleasant Rain, in the Afternoon

May 23 May 24

Cloudy, forenoon . . . afternoon had Several Showers of Rain Cloudy, a little Rain

May 25

rain All Day

May 18

May 19

Morris Cloudy and dull with driz'ling Rain at times Wind N.E. yet it cleared away at Night it was mild clear & serene Morning & so continued through the day 'tho the wind continued N. East foggy Morning, clear afterwards & pleasant, & in Evening a small Shower some Rain afternoon, & a Gust a little before Noon

Legaux

63.2°; Overcast, fair 61°; Fog, very fair

66°; Fog, fair, thunder, ram 67.2°; Overcast, rain, thunder, storm

pleasant Weather gusty & uncertain weather, with Thunder about Noon Wind N.W. & cool Wind N. & Rain, & in the Evening clear & cool Wind southerly & pleasant it look'd very likely to rain in the Morning but clear'd away rain (& pretty much of it) fell nearly all day

67.2°; Very fair, rain, storm 60°; Very fair 60°; Overcast, rainy, changeable 60.2°; Fair, rainy 64. 8°; Overcast, wet, cloudy, fair 59°; Overcast, rain

H iltzheimer

May 26 May 27 May May May May

28 29 30 31

Clear Cloudy, after Drops of Rain in the Morning Clear but not warme Clear forenoon The Wind South east, Rain All Day Cloudy and Cool enough to sit by the Fire

June 1 June 2

Cloudy & Cool Cloudy . . . Rain toward evening, and Still Cold enough to Sit by the Fire

June 3

Cloudy, with some rain

June 4

Clear Cool enough to Sit by the Fire

June 5

Clear & Pleasant in the forenoon

Morris

cool & Wind N.W. pleasant 'tho cool for the Season & rather windy weather ditto pleasant weather much Rain, wind S.East there was a smart Shower in the Morning, the weather soon after clear'd up & the rest of the day was fine pleasant but rather cool cool Morning, & I think there must be frost. Fire seems necessary, & we have kept one in the Parlour Morng. & Eveng. & sometimes throughout the day for the most part of the Spring cool Wind from N.E. with flying Clouds & Rain in the Morning; in the Evening it clear'd at N. W. & was (I had almost said) cold clear & cool wind pretty high (Westerly) pleasant . . . . In the Evening it rained

Legaux

57-Jo; Fair 54-5°; Overcast, cloudy, cold 54·7oi Fair 59°; Fog, very fair 58.8°; Overcast, rain 69. 7°; Thunder, rain

69°; Overcast, cold, fair 53 .J 0 ; lowest temp. of June, 45°; Overcast, cold, fair

54.8°; Rain, after fair, cold

57°; Fair, cold, windy 63. 2°; Fair, overcast, rain

June 6

Rain Most All day

June 7 June 8

Rain Cloudy

June June June June June

9 IO II I2 I3

June I4 June IS

Clear Clear Clear Clear

& Pleasant & warme & warme and Pleasant

Clear & Pleasant Pleasant

easterly wind & cooler, Thermometer 76

June I6 June I7

dull Morning Wind N .E. & about I I o'clock it began to rain & continued throughout the Day variable Weather, Showers frequent Clear & fine weather, wind N. W. in the Morng. clouded over before Noon & so continued most of the day. Very fine Haymaking weather warmer than of late very pleasant fine Hay weather warm weather, the Thermometer at Noon So degrees Warm & dusty, Therm. 84 Ditto . . . 86

Cloudy and a Very little rain

59· 2°; Fog, overcast, wet, ram

64°; Idem. 63.2°; Fair, cloudy

72.4°; Fair, warm 72.4°; Fog, sun, fair 76°; Fair 7 I 0 ; Fog, after fair 73-5°; Fog, fair 77°; Fair 8 1.3°; highest temp. of June, 93°; Fair 76. 7°; Overcast, fair 68°; Rain, clouds, fair

H iltzheimer

June 18

In the afternoon . . . Shower of rain

June 19 June 20 June 21

Clear & warme Clear two Small Showers of rain

June 22

much Thunder & Lightning, last Night with Heavy rain Clear & warme little rain Rain in the Morning, as well as last Night. Pleasant in the afternoon

June 23 June 24 June 25

June June June June

26 27 28 29

June 30

Clear & Pleasant Clear & warme Clear and Pleasant forenoon Cloudy, and a Very little rain in the Morning Clear & warme

Morris

pleasant Weather very pleasant, Wind Easterly Weather sultry with a smart Shower afternoon a heavy thundergust in last Night with Rain. This Day cool & pleasant The weather was pleasant a Shower afternoon 3 o'clock A good deal of Lightning & Thunder in last Night with Rain. It also rained smartly this Morning pleasant Weather pleasant ditto wind N.E. Weather warm

Legaux

77°; Rain fog, clouds and storm 73·5o; Fair 76°; Fog, fair and clouds 72.4°; Fog, clouds, rain, storm

76°; Fair 75°; Fair, small rain 77.3°; Fair, windy

72°; Idem. 78°; Rain, then fair 70.8°; Very fair 70. 7°; Overcast, fair

July

I

July 2 July 3

Cloudy. Rain several times, but Very little Cloudy Close & Very warme

July 4

Clear & warme

July July July July

Clear & warme forenoon Very warme Very warme Very warme, a Small Springle of rain in the afternoon Warme . . . after Night had Much Thunder, but Little rain Very warme Cloudy Clear & warme Clear and Cool, but Very Dusty Windy & Very Dusty

pleasant for the Season

73·7°; Overcast

Foggy Morng. hot Sun afterwards Very warm weather. Thermometer 90 degrees Wind N.West & pleasant for the

79.2°; Fog, cloudy, warm 85.8°; highest temp. of July, 96°; Very fair 77·4°; Idem.

Season

5

6 7 8

July 9 July 10 July I I July I2 July I3 July I4

74.8°; Fair, clouds 76°; Very fair 74·5°; Idem. 79.2°; Idem, warm

76°; Idem. 7 5°; Overcast, then fair 77°; Cloudy, fair 7 I. I 0 ; Very fair, aur. bor. 61.5°; lowest temp. of July, 45. 7°; Idem.

H iltzheimer July r 5 July r6

July 20

had a Smart Shower of rain Last Night, and an other to day at Noon Clear & Pleasant Clear & Pleasant In the Afternoon had a Small Shower of ram Clear

July 21 July 22 July 23

Clear & Pleasant Warme Very warme

July 24

Very warme

July 25

had Several Showers of rain fore & afternoon

July 26

Had a Smart Shower of rain in the Morning

July q July r8 July 19

Legaux

Morris

A small Shower after dinner Wind N.East and cloudy in the Morning, afterward clear & pleasant Weather weather the same Therm. So: rather warmer than lately warm Weather; Therm. 83. In the Evening threat'ned Rain but went over Wind N.East in the Morning, but soon changed to S.West & clear'd away some Rain about Noon, Wind S.E., & a very fine refreshing Rain after Dinner, which continued most of the Afternoon Cloudy most of the Day & some Rain

64°; Fair, overcast, rain 74· 2°; Overcast, thunder, rain, fair 66. 8°; Very fair 0 6J.J ; Idem. 66. 8°; Overcast 68.5°; Clouds, rainy

0

7J ; Fair 72°; Overcast, fair 75·4°; Fair 77°; Overcast, wet, fair 74.6°; Overcast, thunder, rain

64°; Rainy

July 27 July 28

Clear, Cool & Very Pleasant Cloudy

July 29

August I

Rain Last Night, and some this Morning Cloudy and uncommonly Cool Cloudy & Some rain, and Quite Cool at the time Cloudy, Cool, & some Rain

August 2

Clear, and Much Warmer

August 3

Clear warme & Pleasant

Clear & very pleasant Weather cool for the Season, Rain in Evening ... Wind N.East Wind N.E. & cool. Cloudy without Rain wind N.E. & [ditto?] Wind N .E. & more like Fall than Midsummer Wind yet N .East with some Rain in the Morning & cloudy all day Wind veering around to S.West the Weather for the greater part of the day was clear & in the Sun warm. The Eveng. pleasant Hot Sun

August 4 August 5 August 6

Clear & warme Very warme Rain in the Morning, afternoon Very warme

Summer Weather, Therm. 82 Wind S.E. and rainy in the Morng. after IO o'Clock clear & warm

July 30 July 3 I

7I 0 ; Cloudy 70. 2°; Overcast 67. 8°; Idem. 67.2°; Idem. 66.5°; Idem. 65.7°; Rain 74-7°; Fair, cloudy

?7°; highest temperature of August, 95°; Very fair and warm 82.8°; Idem. 79· 8°; Idem. 73.8°; Rain, then fair

H iltzheimer

August I I August I2 August I3 August I4 August 15

Very Close & warme with a few Drops of rain at times Very Foggy and Close in the Morning. afterward, exceeding war me Very close & warme, Several Showers of rain Much lightning last Night and heavy Rain, to Day Cloudy and Close with Several Showers of rain in the evemng Clear & warme Clear & Pleasant Clear & warme Very warme Warme forenoon

August 16 August 17

Clear Cool & Pleasant Cloudy & Some rain

August 7 August 8

August 9 August

10

Morris

Legaux

Foggy Morning, afterwards clear & warm The same

77°; Overcast, fair

Rain afternoon with much Lightning & Thunder at Night Rain in last Night, & several Showers this day

79°; Overcast, rain, thunder

clear & pleasant Weather for Summer Ditto, but hot in the Sun the same very warm. Therm. 8 5 more Air & pleasanter than yesterday. Rain in Evening with Lightning & Thunder pleasant out of the Sun Pleasant Morning; cloudy Afternoon & some Rain

73.8°; Fair 79.2°; Idem. 78.4°; Idem. 82°;. Idem. 84.8°; Idem, windy, storm, thunder

80°; Fog, fair, warm

76.6°; Cloudy, rainy

74-3°; Fair 63°; Dew, overcast, ram

Clear and Pleasant

cool, airy & pleasant

August I9

Clear & Pleasant

weather moderate

August 20

Rain . . . Very hard Shower of rain at Night

August

August 22 August 23

Cloudy Close & warme . . . a Smart Shower of rain at Night Clear & Pleasant Clear & warme

Wind S.E. & cloudy, about 10 o'Clock it began to rain & continued violently through the day & Evening cloudy at times with some Rain

August August August August

Clear and Very Warme Clear & Very warme Cool & Pleasant Rain

August

I

8

2I

24 25 26

27

August 28 August 29

Rain Clear

seasonable weather Wind N. W. & reasonably pleasant weather weather hot hot weather. Therm. 85 moderate weather, Wind N. W. Wind N .E. cloudy & cool with Rain in the Morning wind easterly with small Rain remarkably damp, close & unwholesome weather, some Rain with Lightning in the afternoon

74· 8°; Cloudy, high wind, fair 68°; lowest temperature of August, 50°; Fair 67.8°; Rain

79· 2°; Fair, rain, thunder 74°; Fair 74.8°; Idem. 75°; Idem. 8 I .3°; Very fair and warm 73.I 0 ; Cloudy, windy 60°; Overcast, rain 65.6°; Idem. 80.2°; Very fair, thunder, and rain

H iltzheimer August 30

Little rain early in the Morning

August 3 I

Clear & Pleasant

September

I

Rain Most all Day

September

2

Clear & Pleasant

September 3 September 4 September 5 September September September September September

6 7 8 9

September

I I

10

Clear & Pleasant Clear Clear in the Afternoon

Clear & Pleasant Clear & Pleasant Clear & Pleasant in the afternoon . it was exceeding warme at the Same time, the wind being from the West, which was no Benefit to the room up Stairs Exceeding warme

Morris rain in the Morng. very pleasant Evening pleasant Weather, Wind N.W. & N.E. Wind easterly with constant Rain from 2 o'Clock P.M. until Evening dull till near Noon, when the Weather clear'd & was pleasant pleasant Weather Ditto

wind N.W. & cool, out of the Sun cool Morning & pleasant throughout Ditto warm Sun Therm. 82 degrees

Weather oppressively hot, Therm. 85 [?J

Legaux 72.8°; Overcast

64. 7°; Overcast, rain 68°; Overcast, windy 65.3°; Fair 64.9°; Fair, then clouds 73-5°; Fog, fair, clouds, overcast 72. 2°; Very fair 6I 0 ; Cloudy, then fair 64°; Overcast 72.5°; Very fair, and warm 74.2°; Overcast, windy, fair

80.9°; highest temperature of September, 93·9°; Very fair

September 1 2 September I 3

September I 4

Very warme Exceeding close & warme Last Night-this Morning had alittle ratn Rain Last Night, Close & Very warme today at Night had Some thunder, with Much Lightning, and heavy rain

hot weather Therm. 87\1'2 Rain in the Morning, & rather cooler all day than the three last

0 Bo. I ; Idem. 77°; Overcast, rain

75·3°; Thick, rain, thunder storm

September I 5

Cool and Pleasant

September I 6

Cool & Pleasant

Rain in last Night, the day at Times clear & Sun powerful. In the Evening the wind to eastward of South, very heavy clouds to the North & N.West with much Lightning, the wind suddenly veer'd about to N.W. when the atmosphere for an Hour or more was almost a continued Blaze of Light but no very heavy Thunder, for a considerable Time it rained heavilly; & blew violently from N.W. about IO minutes Wind N.W. & Weather cool & pleasant pleasant weather

September I 7

Clear & Quite Cool

cool

64. 7°; Overcast, windy 51. 8°; Clouds, fair, but cold 48. 8°; lowest temperature of September, 36.5°; Fair, cold, overcast

INDEX BY CLAUSES OF THE CONSTITUTION The references attached to the various clauses of the Constitution are intended to include every item in the preceding volumes explanatory of the development of those clauses and their embodiment in the Constitution. Owing to the character of the work many of the items are merely copies or repetitions of others. All such repetitions, together with items of slight importance or only indirectly bearing on the clause in question, have been enclosed in parentheses. Some clauses were in early drafts but were dropped out of the final draft of the Constitution; these may be traced through the General Index. As indicated in the introduction to this volume, references to its contents are entered after the letter "S."

[PREAMBLE] WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defen~e, 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.

I. I8, 20, (27), 30, (33, 35, 38, 39, 40, 4I, 225), 228, (235), 242, (247), 322, (328, 334), 335, (344). II. (I29), I34, I37, I50, I52, I63, I77, (I93), I96, (209), 56s, 590, 65I. III. (I46). IV. 5, 38, 39, 84. S. I83, I84, 3I3. ARTICLE. I. Section. I. All legislative Powers ... vested in a Congress ... which shall consist of a Senate and House of Representatives.

I. 20, (27, 45), 48, (54, 55, 57, 6o, 225), 228, (235, 29I, 334), 336, (344, 349, 350, 353), 355, (362, 366). II. I29, (I35, I38, I50), I52, (IS8), I63, I77, (I93, I96), 200, 565, 590, 6sr. III. 23, 25, 26, 40, rro, (I55, I69), I9I, 297, (340), 359, 4I9, 5!7· IV. 39· s. I84. Section. 2. [Clause I]. 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.

339

340

INDEX BY CLAUSES OF THE CONSTITUTION

I. 20, (27, 46), 48, (54, ss, s6, 6o, I I8), I24, (I30), I32, (I40, I42, I45, I47, 209), 2I4, (220, 225), 228, (235, 29I, 300, 353), 358, (364, 367, 368). II. I29, (I39), ISI, IS3, I63, q8, (I94), 201, 206, 209, (2I3), 2I5, (225), 565, 590, 651. III. I28, I46, 247, 355· IV. 4, 40. s. I84. [Clause 2]. 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.

I. 20, (210), 2I5, (22I, 370), 375, (379). II. (II6), I2I, I29, I34, (I39), I53> I64, q8, J79, (2I3), 2I6, (225, 226), 230, (245), 25I, (265), 267, (28I), 565, 590, 651. III. I47, 255. IV. 4, 39· S. I84. [Clause 3]. Representatives and direct Taxes shall be apportioned among the several States ... according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons ... 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 thirty Thousand, ... and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse, three, Massachusetts eight, ... and Georgia three.

I. (3I), 35, (39, 40, I63, I69), q6, (I8I, I84, I92), I96, (204, 207, 227), 229, (236), 243. (247), 436, (438, 442, 444), 445, (455, 458,459. 460), 46I, 470, (476, 479), 486, (523, 524), 526, (535-538), 540, (557), 559, (563), s66, 572, 573, (575), 578, 589, 591, (597, 598), 6oo, 603. II. 2, (I2), I3, (IS), I06, I30, I35, (I38, I39), I53, I64, I68, q8, I82, (2I3), 2I9, (339), 350, (35I, 352), 356, (365), 511, (547), 553. 563, s66, 57I, 590, (6os, 607, 6ro, 612, 62I), 623, 633, 635, (636), 638, 644, (649), 651. III. 83, 99, I43, (I46, I47, I52, ISS), IS9, (I69, 174), I8I, I97, (249), 253, 255, (260, 264, 333, 336), 342, 352, (358, 364), 365,366, 399,404, (4I6), 428,440. IV. 4, 6, 39, 59. 75. 98. s. I84, 269. [Clause 4]. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

II. (I40), I54, I64, 179, (227), 23I, (243), 566, 59I, 652. IV. 41. S.

I

85.

[Clause 5]. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

II. I36, (I45), I54, I58, I59, I64, I65, q8, (227), 23I, (243), 566, 59I, 652. IV. 46. S. I89. Section. 3. [Clause I]. The Senate ... composed of two Senators from

ARTICLE I, SECTION 3, CLAUSE 6

341

each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. I. 20, (28, 31), 35, (39, 40, 46), 51, (55), 58, (6r, 148), 150, (156, 158, r60, 193), 201, (206, 21 r), 218, (221, 225, 227), 228, 230, (235, 236, 289, 291, 300, 309, 395), 404, 408, 412, (416, 418), 421, 430, (435, 460), 468, 474, (477, 480), 482, 494, (502, 503, 507, 509), sro, (5r6, 523, 524), 526, (535), 549, (553, 555). II. (r), 3, s, (r2), 14, (r6), J7, 19, (85), 94, 129, 131, 133, (135, 141), 154, 165, J79, (228), 231, (243), 291, s66, 591, 652. III. (99, ror, I33), 135, (rsr, 154, 155, 169, 177), 188, (194, 243, 249), 252, (264, 270), 304, 337, 355, 359, (400, 4I4, 416), 483, 498, 538, 554, 575· IV. 14, rs, 4I, 42, 88, roo. S. 38, r86, r87, 322. [Clause 2]. [Rotation in Term] 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, which shall then fill such Vacancies. I. 309, (396), 408, 415, (418), 421, (430, 435, 5II, 516), 520. II. 129, (135, I4I), 154, r6s, 179, (227, 228), 23I, 235, (242, 243), s66, 591, 6ro, 6r2, 6s2. III. I47, 337· IV. 6, 41, 42, sr, roo. S. r86, 322. [Clause 3]. 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. I. 20, (2r r), 217, (221, 228), 235, 395, (408, 415), 428, (433, 435). II. (r r6), I2I, I29, (I34, I4I), I 55, r6s, J79, (228), 235, (242, 243, 245), 248, (256, 266), 272, (28r), 567, 591, 652. III. 147, 255. IV. 4r. S. r86. [Clause 4]. The Vice President ... shall be President of the Senate, but shall have no Vote, unless they be equally divided. II. (495), 498, (532), 536, 574, 592, (6ro), 6r2, 652. III. 147, 343, 400. IV. 59· S. 269. [Clause 5]. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, ... II. rss, r58, r65, 179, (229), 239, (244, 495), 498, (532), 538, s67, 574, 592, 653. [Clause 6]. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. 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. I. 22, 224, 231, (232, 237, 238), 244, (247, 292). II. (39, 46, I36,

342

INDEX BY CLAUSES OF THE CONSTITUTION

I45, I47, IS?), I59, q2, I86, (367, 423, 430, 493, 495), 497, 498, 499, (532, 547), 552, 563, 572, 574, 592, (6ro), 6I2, 653. III. I48, I62, (250), 406, 528. IV. 46, 48. S. I89, I90. [Clause 7]. 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.

II. !73, I87, (435), 438, 576, 592, 6I2, 653· III. 407. IV.

s6. S.

2!0.

Section. 4· [Clause I]. 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, except as to the Places of chusing Senators. II. I35, (I39, J4I), I53, ISS, I6S, I79, (229), 239, (244), 567,

592, 6I3, 653. III. I48, (I95), 267, 3II, (3I9), 344, (359). IV. 40, 4r. S. I85. [Clause 2]. 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.

II. I35, I63, I77, (I93), I97, (206, 209), s6s, 592, 653· III. I48. IV. IOI. Section. 5. [Clause I]. 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.

II. (I40, I4I), rss, r6s, r66, I80, (245), 25I, (256), 300, 305, 567, 592, 6I I, 653. III. 252. IV. 40, 42. S. r85, I86. [Clause 2]. 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. II. (I40, I4I, I42), IS6, IS8, I66, I80, (246), 254, (256), 567,

592, 653. III. n2. IV. 40, 4I, 42, 43· S. I85, I86, I87. [Clause 3]. 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.

II. I56, I66, I8o, (246), 254, (257), 259, (264), 568, 592, 6I3, 635, 653. 111. 3II, 326, 345· IV. 6, 59· s. 269. [Clause 4]. Neither House ... shall ... adjourn for more than

ARTICLE I, SECTION 7, CLAUSE

2

343

three days, nor to any other Place than that in which the two Houses shall be sitting.

II. (r4o, 142), rs6, rs8, r66, r8o, (258), 26o, (293), 568, 593, 654. III. 3 r2. IV. 41, 43· S. r85, r86, r87. Section. 6. [Clause r]. 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.

I. 20, (210, 2II), 215,219, (221, 222), 228,229, (235, 369), 371, (383), 385, 39I, (4!8), 426, (433). II. !29, 135, (140, I4I, 142), rs6, r66, r8o, (246), 254, (256, 282), 290, (293), 334, (341, 502), 564, 567, 568, 593, 633, (635), 654. III. r27, r48, (rss), 194, 312, 384. IV. 40, 42, 43· S. r85, r86, r87. [Clause 2]. 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. I. 20, 2I, (2IO, 2II), 2I7, (2I9, 22I, 222), 228, 229, (235, 370),

375,379, (383), 386, 39r, (419), 428, (434, 435), sr3, (sr8). II. r29, 130, (140, 141), 155, 166, 180, (282), 283, (293), 483, (484, 486), 489, 568, 593, 6r3, 654. Ill. (148, 155), 200, 313, 354· IV. 4, 41, 42, 57· S. r8s, r86, 252. Section. 7. [Clause r]. 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.

I. (224), 233, (238, 523, 524), 526, (535, 538), 543· II. 3, (r2), 14, (16), 131, (144), 154, 164, !78, 191, 2!0, (214), 223, (226), 230, 232, (243, 258), 262, (264, 266), 273, (294), 297, (353), 357> 358, (sos), so8, 509, 514, (545), 552, 568, 593, 638, 654. III. r48, (rs6), 20r, 265,317, (356, 416). IV. 5, 23, 45, 57· S. ro2, r89, 252. [Clause 2]. Every Bill ... shall [be subject to Veto of President and reconsideration by Congress] . . . . If after such Reconsideration two thirds ... shall agree to pass the Bill ... it shall become a Law . . . . 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.

I. 2r, (28, 94), 97, (ros, ro7, ro9), rro, (r3r), 138, (r4r, 144,

344

INDEX BY CLAUSES OF THE CONSTITUTION

226), 230, (236, 292). II. (71), 73, IJ2, (IJ5, I46), 160, I67, 18I, 200, 294, 298, (302), 563, 568, (582), 585, (589), 593, 6o8, 654. Ill. (IJJ, I48), 202, (385), 424, 494· IV. 3, 7, 16, 47, 57, 8r. S. 49, I90, 251, 297· [Clause 3]. Every Order, Resolution, or Vote ... shall [be subject to Veto of President] according to the Rules and Limitations prescribed in the Case of a Bill. 11. (295), 301, (303), 304, 569, 594, 655. IV. 5· Section. 8. The Congress shall have Power I. 21, (47), 53, (56, 6I, 225), 229, (236), 243, (247), 291. II. (I4), I6, (2I), 25, IJ1, (151), 321, (325). III. 99, 268, 526, 612, 615. [Clause I]. 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; but all Duties, Imposts and Excises shall be uniform throughout the United States; I. 243, (247). II. IJ5, (I42), I57, (I58), I67, 18I, 2I1, (303), 305, 308, (322), 326, (352), 355, J66, 378, (382), 392, (408, 4IO), 4I2, 414, 4I8, 434, (437), 470, (473), 48I, 493.495, (497, 499, 503), 529, 569, 57I, 594, (6Io), 614, 655. III. 84, 99, I49, (I56, r69), 203, 2IJ, 309, 365, 379, 456, 477, 48J, 5I8, 547· IV. 5, 7> 43, 57, 85, 86. S. I87, 25I, 318. [Clause 2]. To borrow Money on the credit of the United States; II. (I44), I68, I82, (303, 304), 308, (JI1), 569,594, 6ss. III. 205. IV. 45· S. 188. [Clause 3]. To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; I. IJJ, (I42), 243, (247). II. IJ5, (I4J), I57, (I58, I59), I67, I69, 18I, 183, I9I, 2II, (304), 308, (32I), 324, (366), 367, 374, (396), 400, (409), 417, (446), 449, 493, 495, (497, 499, 503), 504, 529, 563, 569, 595, (6ro), 625, 6JI, 633, (634, 635, 636), 639, 655. III. 128, I64, I68, 2IO, 303, 333, 367, 477, 478, 5I8, 547, 6I5. IV. 23, 35, 43, 44, 52, 57, 6I, roo, 102, IOJ. S. I02, 117, I87, I88, 209, 25I, 270. [Clause 4]. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; I. 245, (247). II. (I44), 158, I67, I82, (304), 308, (445), 447,483, (484, 486), 489, 569, 570, 595, 655. Ill. I2o, 359, 380, 548. IV. 45· S. I88. [Clause 5]. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; II. IJ6, (I43, 144), I 59, I67, I82, (304), 308, (3 I I), 569, 595, 655. IV. 44· S. I88.

ARTICLE I, SECTION 8, CLAUSE r6

345

[Clause 6]. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; II. (144), I68, I82, (3I2), 3I5, 3I6, (320), 570, 595, 655· IV. 45, 52. S. I88, 209. [Clause 7]. To establish Post Offices and post Roads; I. 243, (247). II. I35, (I44), I 59, I68, I82, (303), 304, 308, (3I I), (322), 326, 328, 569, 595, 6I5, (62o), 655. IV. 45· S. I88. [Clause 8]. 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; II. (32I, 322), 325, (505), 509, 570, 595, 6ss. III. (I22). [Clause 9]. To constitute Tribunals inferior to the supreme Court; I. (II8), I25, (I27, 226), 23I, (237, 292). II. (38), 45, I33, (I44),· I68, I82, (3I3), 3I5, (320), 570,595,655. III. 206. IV. 44· S. I88. [Clause ro]. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; II. (I43), I68, I82, (3I2), 3I5, (320), 570,595, 6I4, 655· III. 332. IV. 44· S. I88. [Clause I I]. To declare War, grant Letters of Marque andReprisal, and make Rules concerning Captures on Land and Water; I. I8, 244, (247), 292. II. (I43, I44), I68, I82, (3I3), 3I5, 3I8, (320, 322), 326, 328, (333), 505, (so8), 570, 595, 6ss. III. 250, 405. IV. 44· S. I88. [Clause I2]. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; II. (I43), I58, I68, I82, (323), 329, (333), 334, (34I, 505), 508, 509, 563, 570, 595, 6I6, (633), 635, 640, 656. Ill. 207, 3I9. IV. 44, 59· S. I88, 269. [Clause I3]. To provide and maintain a Navy; II. (I43), I58, I68, I82, (323), 330, (333), 570, 595, 656. IV. 44· S. I 88. [Clause I4]. To make Rules for the Government and Regulation of the land and naval Forces; II. (323), 330, (333), 570, 595, 656. IV. 94· [Clause I 5]. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions; I. 2I, 47, 54, 6I, 245, (247). II. I35, (I44, I59), I68, I82, (337), 344, (382), 389, 570, 595, 656. III. I48, (I 57), 207, 285, 3 I8, 527, 6I6. IV. 45· S. I88. [Clause I6]. 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,

346

INDEX BY CLAuSES OF THE CONSTITUTIO~

the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; I. (292). II. (135), 136, 159, r68, (323), 330, (352), 356, (368), 377, (38o), 384, (394), 570, 595, (6r6), 656. III. II8, (r57), 208, 259, (3!9), 370, 420. [Clause q]. To exercise exclusive Legislation ... over ... the Seat of the Government . . . 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; II. (rq), 127, 26r, (32r), 325, (505, 506), 509, 510, 570, 595, 656. III. r22, 408. IV. 5· [Clause r8]. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, ... II. (144), r68, r82, (337), 344, 563, 570, 596, 633, (636), 640, 656. 111. 239, 362. IV. 45, 56, 57· s. r89, 25r. Section. 9· [Clause r]. The Migration or Importation of such Persons ... 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. II. (95, 143), r69, r83, 220, (354), 364, (366), 369, (378, 396), 400, (408), 414, (446), 449, 571, 596, 6ro, 640, 656. III. 135, (149), r6o, (r65), 2ro, 253, 324, 334, 346, 355, 360, 36r, 367, 376, 436, 438, 439, 442. IV. 5, 44· S. r87. [Clause 2]. 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. II. (334), 341, (435), 438,576, 596, 656. Ill. 122, (149, 157), 213, (290). [Clause 3]. No Bill of Attainder or ex post facto Law shall be passed. II. (368), 375, (378), 448, 571, 596, 6ro, (6q), 640, 656. Ill. (r65). IV. 59· S. 269. [Clause 4]. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census . . . II. (143), r69, r83, 366, (374, 378, 396), 400, (409), 417, 572, 596, (6ro), 6r8, 656. Ill. 83, 149, 325, 360. IV. 43, 59, roo. S. r87, 269. [Clause 5]. No Tax or Duty shall be laid on Articles exported from any State. I. 286, 592. II. 95, (142, 143), r68, r83, (303), 305, (354), 359, (365), 374, 571, 596, 657. III. 135, 149, 365. IV. 5, 43· s. r87. [Clause 6]. No Preference shall be given by any Regulation of

ARTICLE I, SECTION ro, CLAUSE 3

347

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. II. 378, (4ro), 417, 420, (434), 437, (468), 470, (473), 480, 482, 571, 596, (6ro), 6r8, 657. III. r36, 149, (157), 213, 365. [Clause 7]. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. I. (523), 524, (526), 538. II. (12), 14, (16), 154, 164, q8, 280, (sos), 509, 545, (552), 568, 596, (6ro), 6r8, 657. III. (r49), 3rr, 326. IV. 59· S. 269. [Clause 8]. 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. II. I69, I83, (38I), 389, (394, 435), 442, 572, 596, 657· III. rso, 327. Section. ro. [Clause r]. 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 and 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. I. 26. II. 135, (144), I69, I87, (435, 437), 439, (444), 448, 577, 596, (6ro), 6I9, 636, 640, 657· III. roo, 150, 214, 328, 349, 495, 547, 548, 6r6. IV. 45, 59· S. r88, 269. [Clause 2]. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. II. 135, (143, 159), r69, r87, (435, 437), 441, 442, (444), 577, (583), 588, 597, (6os), 6o7, 624, 64o, 657. III. 2r5, 268, 328, 519, 547· IV. 43· S. 187. [Clause 3]. 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. II. 135, r69, r87, (437), 442, 504, 577, 597, 625, 633, 634, 657. III. 548.

348

I~DEX

BY CLAUSES OF THE CO:\'STITCTIOl'\ ARTICLE.

II.

Section. I. [Clause I J. 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, . . .

I. 2I, (28, 63), 64, (70, 72, 73, 78, 79), 88, (90, 92, 93), 96, (IOS, I06, I09, 225), 230, (236), 244, (247), 254, (26I, 266, 272, 292). II. 22, (23, 29), 33, (so), SI, sz, s8, (97), roo, I02, (I07), II2, (II6), II8, I32, I34, (I35, I45, I58, I60, I6I), I]I, I85, (396), 40I, 404,407, (493), 497, soo, (507), SII, (sq), 525,527,572,597, 657· III. (I ro), I27, IJ2, I69, 2I6, 255, (298), 329, (338), 346, (354). IV. 4, q, 46, 57, IOI. s. so, I89, 252. [Clauses I-4J. 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 the Congress; but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. 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 . . . . 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 no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; ... In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President . . . . J. 2I, (28, 64), 68, (77), 80, (89, 9I, I49), I56, (I63), I68, (174),

175, (I8o, 226), 230, (236), 244, (247, 292). II. (22), 29, (so), 57, (6o), 63, 69, (7I), 73, (85), 95, (97), 98, 99, I05, (Io7), ro8, II3, (II6), II8, I34, (I35, I45), J7I, I85, I96, (397), 40I, (406, 493), 497, 499, (503, 507), SI I, Csq), 52 I, (530, 532), 535, 572, 597, (62I), 626, 6s8. III. I32, ISO, (I58), I66, 2J7, 329, 33I, 364, 382, 394, 399, 400, 40I, 402, 405, 422, 458, 459, 460, 46I, 462, 464. IV. 3, s, 46, 58, 6o, 96, I02. S. 269. [Clause 5]. 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.

II. rr6, (I2I, I34), (337), 344, 367, (494), 498, (532), 536, 574, 598, 659·

ARTICLE II, SECTION

2,

CLAUSE

2

349

[Clause 6]. In Case of the Removal of the President from 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 ... I. (292). II. (146), 172, I86, 402,427, (495), 499, (532), 535, 573, 575, 598, 626, 659. IV. 47, 102. S. I9o. [Clause 7]. The President shall ... receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. I. 2I, (63, 77), 8I, (89, 9I), 230, (236), 244, (247). II. 6I, (69), 116, (I2I), IJ2, (IJ4, I46), I72, I85, (335), J4I, 575, 599, 62I, 626, (636), 659. III. III, 332. IV. 46, 47, 6o. S. I90, 269. [Clause 8). Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: ... II. (I46), 172, I85, (422), 427, (432), 575, 599, 62I, 659. IV. 47· s. I90. Section. 2. [Clause I). The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United 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, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. I. (66, 70, 74, I II), 244, (247, 292). II. IJ5, (I45, I46), I 57, I 58, I7I, I85, 329, (335), 342, 367, (4I I), 4I9, (422), 426, (495), 499, (533), 54I, (54J), 564, 575, 599, 62I, 626, (636), 6J9, 659· III. III, I27, (I58), 2I8, 302. IV. I6, 46, 47, 53, 6o. S. 49, I89, 2Io, 270. [Clause 2]. 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, and which shall be established by Law: 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. I. 2I, (63), 67, (70, 116), II9, (I26, I27), I28, (224, 226), 2JO, 232, (236, 238), 244, (247, 292, 300). II. 23, (33, 37), 4I, (7I), So, 116, (I2I), IJ2, (IJ4, IJ6, I4J, I44, I45, I46), IS5, I69, I7I, (172), I8J, I85, 297, (JIJ), JI9, (382), 389, 392, (395, 398), 405, (407, 4I I), 4I8, 420, (495), 498, (532), 538, 540, (544), 547, 550, 574,

350

INDEX BY CLAUSES OF THE CONSTITUTION

599, (621), 627, 628, 639, 659. III. I27, I33, I50, (I58, I62), I66, 2I8, (249, 25I), 302, 306, (342), 347,356, (357, 358), 370, 37I, 373, 375, 385, 42I, 424, 427. IV. 44, 45, 46, 47, 52, 53, 57, 58, 6o. S. I88, I89, I90, 2!0, 252, 262, 270. [Clause 3]. 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. II. (533), 540, 574, 6oo, 66o. III. 42r. Section. 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. I. 2I, (63, 66), 67, (70, 226), 230, (236), 244, (247, 292). II. 23, (32), II6, (I2I), I32, (134, I45, 146), 158, !7!, 185, (398), 404, (4II), 4I9, 420, (547), 553, 574, 6oo, 660. III. 3I2, 6I6. IV. 46, 47, 53· S. I89, I9o, 2Io. Section. 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. I. (78), 85, 90, (9I, 92, 226), 230, (236), 244, (247, 292). II. 53, (6I), 64, n6, (I2I), I32, (I34, I45), 172, I86, (337, 344, 367, 422), 427, (495), 499, (545), 550, 575, 6oo, (6I2), (637), 66o. III. I I I, 2I9, 406. IV. 3, 46, 56, 6o. s. I89, 2IO, 270. ARTICLE

III.

Section. I. The judicial Power of the United States, 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. I. 2I, (28), 95, (ro4), n6, (II8, II9), I24, (I26, I27, 226), 230, (236), 238, 244, (247> 292). II. (37), 4I, 44, (I q), I22, I32, I36, (I46), 172, I86, (3I2), 3I4, 3I5, (320), 335, (34I, 422), 428, (432, 532), 538, 575, 6oo, 62I, (637, 638), 66o. Ill (I69), 220, 332, 37I, 39I, 6I6. IV. 23, 47, 54, 6o. S. ro2, I90, 244, 270. Section. 2. [Clause I]. The judicial Power shall extend to all Cases,

ARTICLE IV, SECTION

1

35 1

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. I. 22, (28), 2II, (220), 223, 231, (232, 237), 238, 243, 244, (247, 292), 3!7, (326, 333). II. (39), 46, I32, !35, (!36, 144, !46), !57, (159), r6o, 162, qo, 172, 183, r86, (335), 342, 367, (396), 400, (406, 422, 423, 425), 428, 430, (432), 576, 6oo, 62r, 66o. III. rq, 127, (r56, r69), 220, (240), 299, 310, 330, 349, 407, 420, 6r6. IV. 44, 47, 48, 54, 55, 56, 6r, 85, 96. S. r88, 190, 244, 245, 270. [Clause 2]. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases ... appellate Jurisdiction, both as to Law and Fact, ... I. 22, (28), 244, (247, 292). II. (I4.J), 157, 173, r86, (424), 431, 432, (434), 437, (458, 459), 466, 576, 6or, (637), 66r. III. (156), 220, (273, 287, 299). IV. 48, 53, 6r. S. 190, 2ro, 270. [Clause 3]. The Trial of all Crimes, ... shall be by Jury; ... II. (144), 173, 187, (433, 434), 438, (444), 576, 587, 6or, 628, 635, 640, 66!. III. IOI, !50, I63, (!67), 22!, (250, 298), 309, 332, (349), 352, 6r6. IV. 45, 55, 94. 95· S. r89, 245. Section. 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, or Forfeiture except during the Life of the Person attainted. I. 292, (300). II. 136, (144), r68, 182, (337), 345, 351, 564, 571, (580), 6or, 626, 633, (636, 637), 639, 66r. III. 127, (r58), r63, 218, 223. IV. 5, 45, 6o, 6r. S. r89, 270.

ARTICLE.

IV.

Section. I. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And

352

l!\DEX BY CLAUSES OF THE

CO!\STITUTIO~

the Congress may by general Laws prescribe the :Vlanner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. I. 245, (247). II. I35, I74, I88, (445), 447, (456), 483, (485, 486), 488, 577, 6oi, 66r. III. II2. Section. 2. [Clause I]. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. II. I35, I73, I87, (437), 443, (456), 577, 6oi, (637), 662. III. I I2, 445· IV. 6I, 98. S. 270[Clause 2]. 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, to be removed to the State having Jurisdiction of the Crime. II. I35, I74, I87, (437), 443, (456), 577, 6oi, 62I, 662. III. II2. [Clause 3]. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. II. 443, (446), 453, 577, 6oi, 62I, 628, 662. III. 84, 254, 325. Section. 3. [Clause I]. 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. I. 22, (28), II7, (I2I, I26, 226), 23I, (237), 245. II. 39, (46), I33, (I36, I47, I5I, I59), I73, I88, (446), 454, (457), 46I, (470), 578, 602, (628), 662. III. I I9, 223, 399> 404, 438. IV. 48, 49· s. I9!. [Clause 2]. 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. I. 22, (28, I93), 202, (206). II. (32I), 324, (458), 46I, 466, 470, 578, 6o2, 662. III. 40I, 404. Section. 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 of the Executive (when the Legislature cannot be convened) against domestic Violence. I. 22, (28, II?), I2I, (I26, I93), 202, 206, (227), 23I, (237). II. (39), 47, I33, (I37, I44, I48, I5I), I59, I68, I74, I82, I88, 220, 222, (3I3), 3I6, (320, 459), 466, (470), 563, 578, 602, 62I, (628), 662. III. 56, 256, 548. IV. 45, 49· S. I88, I9r.

ARTICLE VI, CLAUSE 3 ARTICLE.

353

V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, . . . Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of it's equal Suffrage in the Senate.

I. 22, (28, I q), I2I, (I26, I94), 202, (206, 227), 23 I, (237). II. 84, (87), I33, (I36, I48, I52), I59, I74, r88, (46r), 467, (555), 557, 578, 6o2, 629, (634), 662. III. r2o, r26, 367,400, 575· IV. 49, 6r. S. 191, 192, 270. ARTICLE.

VI.

[Clause r]. 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.

I. 22, (28), rq, (r2r, r26, 227), 231, (237). II. 6, (39), 46, (322), 326, (352), 355, (368), 377, (382), 392, (394, 396), 400, (408), 412, 571, 603, 663. III. qr, 239, 259, 275, 297, 299,308,327,360, 36r, 366, 484, 493. [Clause 2]. 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.

I. 2!, (28), 47> (54, 6r, I3I), 140, rso, (r62), !64, (!69, I7I, I73> !79, 225), 229, (236), 243, 245, (247), 250, 256, (293), 3!8, 438, 447· II. (2r), 22, 27, 132, (r36, I44, 157), 169, 183, (381), 389, 390, (394, 409), 417, 440, 572, 589, 6o3, 639, 663. III. s6, 73, n9, rn I33, (241), 273> 286, 347> sr6, 523, 527, 538, 549· IV. 3> 4> s, 45, 83. S. r89, 312. [Clause 3]. The Senators and Representatives before mentioned, 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

354

INDEX BY CLAUSES OF THE COKSTITUTION

shall ever be required as a Qualification to any Office or public Trust under the United States. I. 22, (28, 117), 122, (126, 194), 203, (207, 227), 231, (237). II. (84), 87, 133, (146, 148, 151), 159, 174, 188, (335), 342, (461), 468, 579,603,663. III. 227,293, 297,310. IV. 47, 49· S. 190, 191. ARTICLE.

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. I. 22, (28, n8), 122, (126), 179, (183, 209), 214, (220, 227), 232, (237), 250, (258, 264, 274), 314, (335). II. (84), 88, (96), 133, (136, 148, 149, 151), 160, 174, 189,211,468, (471), 475,482, (556), 559, 579, 603, 631, (634), 663. Ill. 14, (66), 68, 72, 125, 137, (159), 227, 242, (257, 273, 288), 299, 308, (351). IV. 49, s. 192.

so.

GENERAL INDEX

Everything embodied in the final draft of the Constitution is to be traced through the Index by Clauses of the Constitution; but this General Index also analyzes the material by topics, independent of that index. References to items which are duplicative of other items are in parentheses; usually the reference not in parentheses is to Madison's Notes. References to the fourth volume which correct material in the earlier volumes are in square brackets immediately after the references to the corrected items. As explained in the introduction, references to this volume follow the letter "S." Abolition of states. See Division of powers. Accounts. See Expenditures; Receipts. Achaean League, references, 1. 143, 3 17, 319, (326, 330), 343, (348, 350). Adams, John, influence of Defence, 3· 33· letters: from Jefferson (1787) on secrecy of Convention, 3· 76; ( 181 5) on Madison's notes, 3· 421; from Sherman (1789) on appointing power, 3· 358. Adams, John Quincy, edition of Journal, 1. xii, S. 307, 308. Memoirs: on condition of Journal and printing (1818), 3· 426, 43o-434; on Smyth's charge of falsifying Constitution (1 823), 3· 456; on Pinckney plan as published, 3· 481. letters: from Pinckney ( 18 18) on plan, 3· 427, [4. 7]; from Madison (1812-20) on Journal, 3· 426, 434, 435, 445; from Jackson ( 181 8) on Journal, 4· 81, 82, s. 309. Address to the people, considered in committee of detail (2. 149, 150), 4· so, 51, s. 192. committee of style to prepare, 2. (556), 564, (579). resulting letter to Congress, reported and adopted, 2. 582, (585). texts of letter, 2. 583, (666).

355

new motion for popular address, rejected, 2. 621-623. committee, 4· 83, S. 310. Adjournment of Congress, President and, in Pinckney plan, 2. 158, (3. 6o6). in notes of committee of detail, a. 17 I. in its report (X.§ 2), 2. 185. as referred to committee of style, 2. 574· in its report, 2. 600. in Constitution, 2. 660. Madison and Randolph on (1788), 3·

3 I 2. See also next titles. Adjournment of separate Houses, limitation on time, in Pinckney plan 2. 158. in notes of committee of detail, 2. (140, 142), 156, 158, 166, 4· 41, 43, s. 185, !86, 187. in its report (VI.§ 8), 2. 180. discussed, amended, and voted, 2. (258), 26o-262, (293). as referred to committee of style, 2. s68. in its report, 2. 593· in Constitution, 2. 654. Madison on (1788), 3· 312. See also next title.

GENERAL l.'\DEX Adjournment of separate Houses from day to day by less than quorum, in notes of committee of detail, 2. (140, I4I), ISS, IS6, I6S, 4· 40, 42, s. I8S, I 86. in its report (VI. § 3), 2. I 80. voted, 2. (246), 2S4· as referred to committee of style, 2.

s67. in its report, 2. S92. motion to reconsider, rejected, 2. 6 II, (6IJn.). in Constitution, 2. 6S3· Adjournments of Convention. See Organization. Admiralty, department of. See Marine. Admiralty, regulation of criminal, in notes of committee of detail, 2. (I43), I68, 4· 44, S. 244, 24S· in its report (VII.§ I), 2. I82. discussed, amended, and voted, 2. (3I2), 3IS, JI6, (320). as referred to committee of style, ll.

S70. in its report, 2. S9S. in Constitution, 2. 6ss. Madison on (1788), 3· 332. See also next title; Captures. Admiralty and maritime jurisdiction, in Virginia plan, 1. 22. in Pinckney plan, 2. IJ6, IS9, (3. 6o8). dropped in committee of the whole, 1. 2II,(220). in New Jersey plan, 1. 244, (2. I 57). in notes of committee of detail, 2. (I47), I72, 4· 48, s. I90. in its report (XI. § J), 2. I 86. proposed courts, 2. (432, 433), 4· 54, 55, s. 244, 245· as referred to committee of style, 2. 576. in its report, 2. 600. in Constitution, 2. 66 r. See also preceding titles. Admission of new states, in Virginia plan, 1. 22, (28). in Pinckney plan, 2. I36, 3· I 19, (6o8). voted in committee of the whole, 1. IJ7, (I2I, I26).

in report of Virginia plan, 1. (226), 2JI, (23~). in ~ew Jersey plan, 1. 24S· provision for representation of new states, 1. (558), 559, 560, (599), 60J, 606, 2. I78, 566, S. I29n., I 57, I 58. voted in convention, 2. 39, (46). as referred to committee of detail, 2. IJ3· in its notes, 2. (I47, I48), I5I, I 59, I7J, 4· 48, 49, S. I9I. in its report (XVII), 2. I 88. and existing public debt, 2. (148), I 59, J7J, I88, (446), 454, 4· 49, s. I

9 I.

provision on equality of new states, dropped, 2. (446), 454· general amendment substituted eliminating two-thirds vote, 2. (446), 45 5. division of state with consent, discussed and voted, 2. 455, 456, (4S7, 458), 46I-464, (470). by willing junction of states, added, 2. (458), 465. as referred to committee of style, 2.

578. in its report, 2. 602. alteration of phrasing, rejected, 2. 628. in Constitution, 2. 662. in Hamilton's unpresented plan, 3· 629. L. Martin (Nov.) on division of states without consent, 3· 223-227. King and G. Morris (I80J) on states out of Louisiana Purchase, 3· 399, 404, s. 303, 304. Madison (I 819) on limiting representation, 3· 438. See also West. Affirmation. See Oath. Age of President, thirty-five years, reported, 2. 367, (494), 498. voted, 2. (532), 536. as referred to committee of style, 2. 574· in its report, 2. 598. in Constitution, 2. 659. See also Qualifications. Age of representatives, in Virginia plan, 1. 20. dropped, 1. (2IO), 2I5, (22I).

357

GENERAL INDEX discussed and twenty-five years voted, 1. (370), 375, [4. 4], 1. (379)· as referred to committee of detail, 2. I29. in its notes, 2. (I39), I 53, I64, 4· 39, s. I84. in its report (IV. § 2), 2. 178. as referred to committee of style, 2. 565. in its report, 2. 590. in Constitution, 2. 651. McHenry on (1787), 3· I47· See also Qualifications. Age of senators, in Virginia plan, 1. 20. thirty years voted, 1. (2I I), 2I7, 2I8, (22I), 395, 408, (4I5). as referred to committee of detail, 2. I29. in its notes, 2. I4I, I55, I65. in its report (V. § 3), 2. '79· as referred to committee of style, 2. 567. in its report, 2. 591. in Constitution, 2. 652. See also Qualifications. Agreements, prohibition of interstate, in notes of committee of detail, 2. I69. in its report (XIII), 2. 187. as referred to committee of style, 2.

577in its report, 2. 597· in Constitution, 2. 657. See also Prohibitions. Agriculture, power of Congress to promote, proposed and committed, 2. (322), 325. duties of proposed secretary of domestic affairs, 2. 336, (343). See also Landed interests. Albany Congress, 3· 540. Albert, Scott and Co., edition of Madison's Notes, 1. xv n. Alfred the Great, mention, 1. 3 2 3, (3 2 8, 330). Aliens. See Foreigners. Allair, Peter, S. I I In. Allen, Andrew H., acknowledgment to, 1. Vlll.

Allen, Paul, letter to Convention, 3· I 9· Allen, Philip, letter to Convention, 3· I9. Alliances and confederations, prohibition on states, in notes of committee of detail, 2. (I45), I69, 4· 46, S. I89. in its report (XII), 2. I87.

as referred to committee of style, 2.

577in its report 2. 597. in Constitution, 2. 657. See also Prohibitions; Treaties. Allibone, - - , Charleston packet, 4· 62, s. 21. Ambassadors and ministers, appointment, by Senate in notes of committee of detail, 2. (144, 145), I55, I69, 4· 45, 46, s. I88, !89. in its report (IX.§ 1), 2. 183. considered, recommitted, 2. (383), 389, 394· by President with consent of Senate, reported, 2. (495), 498. discussed and voted, 2. (533), 53 8, 539· as referred to committee of style, 2. 574· in its report, 2. 599· in Constitution, 2. 660. See also next titles; Law of nations. Ambassadors and ministers, reception, in notes of committee of detail, 2. (146), 171, 4· 47, 190. in its report (X.§ 2), 2. I85. discussed, ministers added, 2. (411), 419, 4· 53. s. 210. as referred to committee of style, 2.

s.

57 5· in its report, 2. 600. in Constitution, 2. 660. Ambassadors, ministers, and consuls, jurisdiction in New Jersey plan, 1. 244, (2. 157). original jurisdiction of Supreme Court, in notes of committee of detail, 2. 172, 173· in its report (XI. § 3), 2. 186. amended, 2. 424. Mason note, 2. (432), 4· 54, S. 244· as referred to committee of style, 2. 576. in its report, 2. 600, 601. in Constitution, a. 661. L. Martin (Nov.) on consular cases, 3· 220. Amendment of Constitution, in Virginia plan, 1. 22, (28). in Pinckney plan, 2. 136, 3· 120, 121, (609)·

GENERALI:\DEX Amendment of Constitution (continued) discussed in committee of the whole, postponed, 1. (II7), I2I, I22, (I26). assent of Congress, 1. (I94), 202, 203. principle adopted, 1. (I94), 202, 203, (206), 2. (84), 87. in report of Virginia plan, 1. (227), 2JI, (237). Madison on difficulties, l. 476, (478). as referred to committee of detail, 2. IJJ. in its notes, 2. (148), 152, 159, 174, 4· 49, S. 191, I92. in its report (XIX), 2. I 88. voted, 2. (461), 467, 468. reconsidered, initiation by Congress, state ratification, and slave-trade protection added, 2. (555, ss6), 557-

559· as referred to committee of style, 2. 578. in its report, 2. 602. discussed, framing convention and protection of vote in Senate added, 2. 629-631, (634). Mason's objection, 4· 6 I, S. 2 70. in Constitution, 2. 662. in Hamilton's unpresented plan, 3· 630. Randolph (Oct.) on probable inefficiency, 3· 126. Madison and Sherman ( 17 89) on proposed amendments, 3· 357· Mason (1792) on construction of article, 3· 367. Butler (I 803) on Vice President's vote,

3· 400. text of amendments, 4· 93-IOJ. limit on period of ratification, 4· !0 I -

!OJ. American Revolution, resistance to Parliament, 1. 71. reasons for success, 1. (102), I 12. peace negotiations, 1. 338, (346, 349). Continental Congress and success, 1. 343, (348), 3· 540. New Jersey in, l. 441. Connecticut in, 1. 487, (497, 507). loyalty of seamen, 2. 205, (208, 210). attitude of foreigners, 2. 236, 269. trade regulations and taxes in causes, 2. 276, 3· !7·

proposed basis for settlement of accounts, 2. (353), 357. British debts, 2. 3 77. effect on New England trade, 2. 449, 3· JOJ. treaty of peace and western claims, 2. 462, 465. and sentiment of Union, 3· 42. See also Assumption; Colonies. Amphictyonic League, references, 1. 143, 285, (296, 307), JI7, 320, (J26, JJO), 343, (348, 350), 441, 448, 454, (456, 458), 478, 3· 184, s. IJ4· Anecdotes, on Convention, 3· 84-87. on Washington and bicameral Congress,

3· 359· Annapolis Convention, origin and work, 3· 544, 545, 559· Anne of England, dissolves Parliament, 1. 546. Annexation, power in Pinckney plan, 2. IJ6, 3· 120, (6o8). Morris on (I80J), 3· 401. Appeal. See Court of Appeal; Judiciary. Appointment to office, Congress to appoint judges, in Virginia plan, 1. 21. general appointing power of Congress, in Pinckney plan, 2. 136, (3. 6o8). general appointing power of executive, in committee of the whole, 1. (63), 67' (70). appointment of judges by Congress, discussed and rejected, 1. (I I 6), I I 9, I20, (I26-I28). Hamilton suggests executive, with consent of Senate, in his plan, 1. 128, 292. justices appointed by Senate, voted, 1. (224), 2J2, 2JJ, (238). power in Virginia plan as reported, 1. (226), 2JO, (236, 237). power of executive, in New Jersey plan, l. 244· reported plan, voted in convention, 2. (2J), 33· appointment of justices, discussed, amendments rejected, report voted, 2. (37, 38), 41-44, (71, 72), 8-83. power as referred to committee of detail, 2. (116, !2!), IJ2, (I34).

GENERALI~DEX

in its notes, 2. (144-I46), 155, I69, J7I, I72, 4· 46, 47, S. 189. of justices and ambassadors by Senate, in its report (IX.§ I), 2. I83. general power of executive, in its report (X. § 2), 2. I8j. of justices and ambassadors, postponed, 2.

(383), 389, 394·

general executive power, amended, 2.

(398, 399), 405, 406, 418, 4I9, (420), 4· 6o, S. 270. of justices, ambassadors, and other officers by President with consent of Senate, reported by special committee, 2.

(495), 498. report discussed and voted, 2. (533),

537-540, 4· 57;

s.

272.

recess appointments, proposed and voted, 2. (533), 540. requirement of law-created offices, rejected, later voted, 2. (545), 550,

(621), 628. power as referred to committee of style, 2. S74, S7S· in its report, 2. S99, 6oo. provision on inferior offices added, 2. 627, 4· 6o, S. 270. Mason's objections, 2. 639. in Constitution, 2. 659. in Hamilton's unpresented plan, 3· 622, 62s. Randolph's objections (Oct.), 3· 127. Madison on problem (Oct.), 3· 133. McHenry's explanation (Nov.), 3· ISO. L. Martin's objections (Nov.), 3·

(IS8), 2!8. Wilson (Dec.) on power, 3· I62. Davie (1788) on power, 3· 348. Sherman (1789) on power, 3· 357,

3s8. Baldwin ( 17 89) on opposition to power of Senate, 3· 3S8. Findley (1798) on power, 3· 37S· C. Pinckney (I800) on appointment of judges, 3· 38s. See also Election; Removal; Vacancies in office. Apportionment of presidential electors, proposed and rejected, 2. (so),

s6-

s8. See also Election of executive.

359

Apportionment of representatives, one to 40,000, in report of compromise committee, 1. (S23, S24), S26. report discussed, reference to special committee, 1. 538, 54o-542. its report of detailed original, with plan for change, 1. (557), 559· original, discussed and recommitted, 1. (558), 559, s6o, 562. report on change, discussed and voted, later amended, 1. (558), s6o-s62,

(599), 603, 6o6. second report on original, discussed and voted, 1. (563, 564), 566-570, (a.

12). periodic census as basis for change, 1.

(564), 570, 57 I, (57 5' 576), 578588, (S89-S9I), S94-597data used in allotting original, 1. 572574· efforts to change original, 1. 6oi, 2. (2I3), 219, 3S8, 5II, (S47), 553, 554, 563, (6IOn.), 612, (62I), 623, 624, 633· general plan, voted, 2. I3, (IS). as referred to committee of detail, 2.

I30, I3I. in its notes, a. (138, IJ9), 153, 164, 4· 39, s. 184. in its report (IV. § 4), 2. I78. report on original, voted, 2. (214),

2I9. one to 40,000 made maximum, 2.

(214), 221. one state representative at least, added, 2.

(2I4), 223.

as referred to committee of style, 2. s66. in its report, 2. 590. one to 30,000 made maximum, 2. 643, 644, [4· 6], 2. (649). in Constitution, 2. 652. in Hamilton's unpresented plan, 3· 620. Wilson (Nov.) on ratio, 3· IS9· L. Martin (Nov.) on original, as blind,

3· I98. and on ratio, 3· I99· Massachusetts delegates (1788) on original, 3· 26o-262. Spaight (1788) on original, 3· 343· Sherman (1789) on ratio, 3· 358. Williamson (1792) on ratio, 3· 365.

GENERAL 1:-..'DEX Apportionment of representatives (continued) Washington and bill (I792), 3· 366. fourteenth amendment, 4· 98. See also Representation. Apportionment of senators, plan rejected, 2. (I), 5-II, (I2). L. Martin (Nov.) on plan, 3· I77. See also Representation. Appropriations, origin of bills in House, report by special committee, 1. (523, 524), j26, (2. I2). voted, 1. (538), 547, 2. I4, (I6). as referred to committee of detail, 2.

IJ I. in its notes, 2. I 54, I64. in its report (IV. § 5), 2. q8. dropped, 2. (2 I4), 224, (266), 280. prohibition of perpetual revenues, committed, 2. (322), 326, 327, 330. reported, 2. 367. time limit on army, committed, 2. (334), 341.

reported and voted, 2. (505, 506), 508, 509. requirement of legal, for payments, reported and voted, 2. (505, 506), 509, 510, 545, (552). as referred to committee of style, 2. 568, 570. in its report, 2. 595, 596. in Constitution, lli. 656, 657. McHenry (Nov.) on requirements for payments, 3· I49· See also Finance; Money bills. Aragon, development of justiciary, 2. 299· Aristocracy, proportional representation, 1. 483, (494), 544, 545· property qualification, 2. 202, 207, (209), 250. slave representation, 2. 2 2 2, 37 8. control of money bills, 2. 224, 278. aspect of Constitution, 2. 284, 286, 5I2, 5I3, 5I5, 522, 524, (530, 6]2), 640, 3· IOI. See also Nobility. Aristotle, reference, 1. 308. Arms, right to bear, 4· 93· Army, control and command in Pinckney plan, 2. I35, I 58, 3· I I I, 116, (6o6, 607).

standing, in :\lassachusetts, 1. 2 85, 3I6, (326, 330), 406, 437, 3· 548. standing, as result of disunion, 1. 465, S. 229 provisions, in notes of committee of detail, 2. (I43, I45), I68, I69, 172, 4· 44, 46, S. I88, I89. power to raise, in its report (VII. § I), 2. I 82. conditional prohibition on states, in its report (XIII), 2. I87. congressmen and office in, 2. 286, 289, 290, 4· 57, S. 252. fear of perpetual appropriation, 2. 322, 326, 327, 330. peace standing, discussed and rejected, 2. (323), 329, 330, (333), 563, 6I6, 6q, 640, 4· 59, S. 269. power of Congress, amended and voted, 2. (323), 329, (333). power of Congress to regulate, proposed and voted, 2. (323), 330, (333). proposals on appropriations, standing, and quartering, committed, 2. (334, 335), 34I. prohibition on states, voted, 2. 43 7. time limit on appropriations, reported and voted, 2. (505, 506), 508, 509. provisions as referred to committee of style, 2. 570, 575, 577· in its report, 2. 595, 597, 599· in Constitution, 2. 656, 657, 659. in Hamilton's unpresented plan, 3· 620, 624. L. Martin's objections (Nov.), 3· (I57), 207, 2I8. Randolph (1788) on standing, 3· 3I9. quartering, 4· 94· See also Commander in chief; Militia; War. Arnold, Welcome, letter to Convention, 3· I9. Arrest. See Privileges of congressmen. Arsenals. See Federal sites. Articles of Confederation. See Confederation. Articles of war, in committee of detail notes, 2. (I44), 4· 45, S. I88. Arts and sciences, power to promote, committed, 2. (322), 325. See also Copyright. Assembly, right, 4· 90.

GE:-.IERALI~DEX

Assumption of Confederate debts and engagements, in Virginia plan, 1. 22, (28). voted in committee of the whole, 1. (I I7), I 2 I, (I 26). as reported to convention, 1. (227), 23I, (237). discussed and rejected, 2. (39), 46, 47· renewed and committed, 2. (322), 326. report giving power to Congress, 2. (352), 355· discussed, made obligatory, and voted, 2. 356, (368), 377requirement as amendment to power to tax, voted, 2. (382), 392, (394). reconsidered, discussed, equal-validity amendment, 2. (396), 400, (408), 412-414. as referred to committee of style, 2. 57 I. in its report, 2. 603. in Constitution, 2. 663. in Hamilton's unpresented plan, 3· 628, 6]0. Gerry's attitude and interest (1787), 3· J7I, 239, 259, 274, 275, 299· Madison on (1788), 3· 297, 327. Randolph on (1788), 3· 308. Madison (I 830) on development of provision, 3· 484-486, 493 · See also next title. Assumption of state debts, suggested, 2. 6. proposed, discussed, and committed, 2. 322, 327, 328. reported, 2. (352), 355· dropped, 2. (368), 377Gerry, Madison, and Sherman on (I790), 3· 360-362. Hamilton on (1792), 3· 366. See also preceding title. Athens, references, 1. 74, 135, 307, 448, (456, 458), 2. 235· Attainder, prohibition of bill of, by Congress, proposed, discussed, and voted, 2. (368), 37 5, J76, (378). by states, proposed and voted, 2. (435), 440. as referred to committee of style, 2. 571,577in its report, 2. 596, 597· phrasing altered, 2. 610 n. in Constitution, 2. 656, 657.

Attendance in Congress, compulsion, in Pinckney plan, 3· 605. in notes of committee of detail, 2. I40, I 41. proposed and voted, 2. (246), 254· as referred to committee of style, 2.

s6;. in its report, 2. 592. in Constitution, 2. 653. C. C. Pinckney on (q88), 3· 252. Attendance in Convention. See Delegates. Augustus, and Triumvirate, 1. 254, (26I, 267). Auldjo, - - , letter from Hamilton (July) on Pierce challenge, 3· 64. Aulic Council, reference, 1. 553, (555). Austin, James T., letter from Madison (I 832) on Gerry, 3· 5 I 8. Austria, cause of wars, 1. 308. France, 1. 448, (456, 458). See also Holy Roman Empire. Authors. See Copyright. Ayes and noes. See Votes; Yeas and nays. Bail, eighth amendment, 4· 95· Baldwin, Abraham, delegate from Georgia, 3· 559· credentials, 3· 576. Pierce on, 3· 97. French character sketch, 3· 238. attendance, 1. I92, (I96), 3· 587. on property representation in Senate, 1. 469, (47 sJ. committees: representation, 1. 509, (SI6, 520); assumption of state debts, 2. 322, (328); slave trade, 2. 366 (375); remaining matters, 2. 473, (481). votes for compromise, 1. 510. on citizenship of representatives, 2. 272. on slave trade, 2. 372. on slave impost, 2. 4I6. on claims to western lands, 2. 46 5. on ineligibility of congressmen to office, 2. 491, 6I3. on electoral plan, 2. 501. signs Constitution, 2. 66 5. account (Dec.) to Stiles of main ideas of Convention, 3· I68-qo.

GENER-\.L I!\'DEX Baldwin, Abraham (continued) in House: (1789) on special powers of Senate, 3· 358; (1790, 1798) on slave trade, 3· 360, 376, 378; (I 79 I) on basis of representation, 3. 364; (I793) on Hamilton and monarchy, 3· 369; (I796) on intentional ambiguities, 3· 369; (1798) on power to charter banks, 3· 375, [4. 7]; (I799) on divergent opinions, 3· 380; (I799) on bankruptcy as concurrent power, 3· 380. in Senate ( I800) on election of President, 3· 382-384. Baldwin, Simeon E., acknowledgment to, 4· viii. Ballot. See Joint ballot. Bancroft, George, letter from Wood, 3· 396. on Pinckney plan, 3· 602. on Sherman's plan, 3· 6I5. on compromise, 4· 88, S. 322. Bank, proposed power to charter, 2. 6I6. Baldwin (I798) on rejection of power, 3· J75, [4· 73· See also next titles; Corporations. Bank of North America, Madison (I830) on incorporation, 3· 487. Bank of United States, Madison (I79I) on power to incorporate, 3· 362. Gerry on, 3· 362. Jefferson on, 3· 363. Hamilton on, 3· 363. Bankruptcy, power of Congress, proposed and committed, 2. (445), 447, 448. reported, 2. (483), 484. voted, 2. (486), 489. as referred to committee of style, 2. 570. in its report, 2. 595· in Constitution, 2. 655. Baldwin (1799) on, as concurrent power, 3· 380. Madison ( I836) on lack of earlier uniformity, 3· 548. Barton, William, letter to Convention, 3· I9.

Bassett, Richard, delegate from Delaware, 3· 558. credentials, 3· 574, [4. 7]. Pierce on, 3· 93. arrives, 3. 2 5. attendance, 1. I, (3, 5), 3· 587. opposes veto of state laws, 1. 168. signs Constitution, 2. 664. Bates, Albert C., acknowledgment to, 4· IX.

Beck, Mrs. James M., acknowledgment to, 4· ix. Beckley, John, S. In. Bedford, Gunning, jr., delegate from Delaware, 3· 558. credentials, 3· 574· Pierce on, 3· 92. attendance, 1. 7, (10), 3· 587. on Virginia plan, S. 2 7. on term of executive, 1. 68, (73, 74). on removal of executive, 1. (78), 85. opposes veto, 1. IOO, (106, 109). opposes veto of state laws, 1. I 67, I 68, (170, I73). defiant for equal state representation, 1. 49o--492, (5oo--5o2, 505), s. 6I, 62. on foreign ally, rebuked, explains, 1. 492, 493, (50I, 502), 5I4, 528, 530, 53 I' (535)· committee on representation, 1. 509, (SI6, 520). upholds compromise, 1. 53 I. on general powers of Congress, 2. 2I n., 26, 27. on appointment of justices, 2. 43· on standing army, 2. 617. on original apportionment, 2. 624. signs Constitution, 2. 664. Belgian Confederacy. See Netherlands. Benton, Thomas H., on King's comment on Hamilton plan, 3· 466. Bicameral Congress, in Virginia plan, 1. 20, (27). in Pinckney plan, 2. (I35), I 58, 3· I 10, (6os). voted in committee of the whole, 1. (45, 46), 48, (54, 55, 57, 6o). in report of Virginia plan, 1. (225), 228, (235). unicameral, implied in New Jersey plan, 1. 243·

GENERAL INDEX in Hamilton plan, 1. 29I, (300), 3· 6I9. bicameral, discussed and voted in convention, 1. (334), 336-344, (344353), 354-358, (362-364, 366, 367). as referred to committee of detail, lll. I29. in its notes, a. (I38), ISO, I 52, I63, 4· 39· in its report (III), a. I77. report voted, a. (I93), I96, (200). as referred to committee of style, a.

s6s. in its report, a. 590. in Constitution, a. 651. preconvention project, 3· 23, 25. supposed attitude of eastern delegates, 3· 26. Otto on plan (June), 3· 40. L. Martin's objections (Nov.), 3· (I 5S), I 9 I-I 97. Baldwin on (Dec.), 3· I69. Franklin's opposition, 3· 297. Davie on (q88), 3· 340. anecdote of Washington's advocacy, 3· 359· Morris on ( 18 II), 3· 41 9· Bill of rights, in Pinckney plan, 3· I22, 609. in Sherman's proposals, 3· 6I6, S. 287. propositions proposed and committed, a. (334, 335), 341. proposal rejected, a. (582), 587, 588. Gerry on lack, a. 633, 3· I28, S. 284. Mason on lack, a. 637, 640, 3· I36. Wilson (1787) on omission, 3· I43, I6I, I62. C. C. Pinckney (q88) on omission, 3· 2j6. L. Martin's attitude (q88), 3· 273, 288-29I, s. 295· in first ten amendments, 4· 93-95. general reservation of rights, 4· 9 5. against states, 4· 98. See also Arrest; Habeas corpus; Jury; Press; Speech. Bills. See Legislation; Money bills. Bills of attainder. See Attainder. Bills of credit, in Pinckney plan, 3· I 17, 607. in Sherman's proposals, 3· 6 I 6.

avoidance of state, desired by Randolph, 1. 26. prohibition of state, in notes of committee of detail, a. (I44), I69, 4· 44, s. I88. power of Congress, in its notes, a. I68. power and prohibition in its report (VII. § I, XIII), ll. I 82, I 87. power discussed and dropped, a. (303), 308-3I0, (3II). prohibition on states, made absolute, a. (435), 439, (444). prohibition as referred to committee of style, a. 577in its report, a. 597. in Constitution, ll. 657. McHenry's explanation (Nov.), 3· IjO. L. Martin (Nov.) on attempt to preserve power, 3. 20 5. his objections to prohibition on states, 3· 2I4. Davie (q88) on prohibition, 3· 349, 350. See also Counterfeiting; Legal tender; Paper money. Bills of exchange, power over protest of foreign, proposed and committed, a. (445), 447, 448. Blackstone, Sir William, cited, 1. 472. Blair, John, delegate from Virginia, 3·

ss8. credentials, 3· 559-562. Pierce on, 3· 9 5. arrives, 3· 20. attendance, 1. I, (3, 5), 3· 587. opposes single executive, 1. 97. approves veto of state laws, 1. I 68. approves general plan for executive, a. I 2 I.

opposes House control of money bills, a. 280. opposes export duties, a. 363. opposes weakening veto, a. 58 7. plan for judiciary, S. 244, 245. signs Constitution, a. 664. Bleeker, Leonard, charges against Hamilton, 3· 369. Bloomfield, Joseph, Brearley's papers, 1. xii, 3· 431. Blount, William, delegate from North Carolina, 3· 5 59· credentials, 3· 569, 570.

GENERAL INDEX Blount, William (co~tinued) Pierce on, 3· 95. attendance, 1. 334, (335), 3· 587. on signing Constitution, 11. 645 n., 646. signs it, 11. 665. letters: to Caswell (May) on attending,

3· 29; (July) on leaving for Congress, 3· 57; (Aug.) on return and hopes, 3· 7I; (Sept.) report on Constitution, 3· 83; to Clay (June) on attending, 4· 64, S. 70; to brother (June) on conditions, 4· 6 5 (2), S. 76; (July) on progress and task, violates secrecy, 4· 7I, S. I74, !75· Bolingbroke, Henry St. John, viscount, early rise in office, 1. 375· Bond, Phineas, letter (July) to Carmarthen on rumors, 3· 52. Bonded servants. See White servants. Bonds. See Securities. Borrow money, power of Congress. See Debt. Boston, elections, 11. 216. Boundaries. See Territory. Bounties, Williamson (1792) on sectionalism, 3· 365. See also Protection. Bourne, Edward G., acknowledgment to, 1. ix. Boutell, Lewis H., on Sherman's proposals, 3· 615. Bowdoin, James, defeated for reelection, ll. 57. Bowen, Jabez, letter to Convention, 3· I 9. Boyd, Julian P., acknowledgment to, 4· IX.

Brearley, David, delegate from New Jersey, 3· 557· papers and notes, 1. xii, I6n., 443n., 573n., ll. I8In., 6JOn., 62In., 633 n., 3· 431. credentials, 3· s6J. Pierce on, 3· 90. arrives, 3. 2 2. attendance, 1. 1, (J, 5), 3· 587. opposes proportional representation, 1. I75> I76, (181, 184, 191). moves request for attendance of New Hampshire delegates, 1. 481, (494).

committees: original apportionment, 1. ss8, (562); remaining matters, 11. 473, (481). on election of President, 11. 402, 403. presents reports, 11. 483, (484), 493, (496), [4. s], 11. sos, (soB). on amendment, 11. 630. signs Constitution, 11. 664. letters: to Dayton (] une) urging attendance, 3· 37; (July) on progress, committee of detail, 4· 72, s. 195, 196; to Paterson (Aug.) on progress and urging return, 3· 73· Brent, Daniel, Smyth's charge against Adams, 3· 456-458. Broom, Jacob, delegate from Delaware, 3.

558. credentials, 3· 574· Pierce on, 3· 93. arrives, 3· 22. attendance, 1. I, (3, 5), 3· 587. on term of senators, 1. 421. on basis of representation, 1. 570. finality of compromise, 11. 19. on election of executive, 11. 32, 57, 63, !OJ, 404. on term of executive, 11. 33· on ineligibility of congressmen to office, ll. 290. on payment of congressmen, 11. 291, 293· on punishment for treason, a. 348. favors veto of state laws, 11. 390. on correspondence of President with governors, 11. 419. signs Constitution, 11. 664. Brown, John, letter to Convention, 3· I 9· Brown, Nicholas, letter to Convention, 3· 19. Brown, William, North Carolina naval officer, 3· I4. Bureau of Rolls and Library, Documentary History of the Constitution, 1. xii n., xvn., 4· x, 11. Journal, 1. xii, 4· II. Burnett, Edmund C., acknowledgments to, 3· I 8 n., 4· ix. Butler, Pierce, delegate from South Carolina, 3· 559· credentials, 3· 583. Pierce on, 3· 96.

GENERAL INDEX arrives, 4· 62, S. 21. attendance, 1. 2, (3, s), 3· 587. motion on attendance and secrecy, 1. 9, ( 13). and "national" government, 1. (30), 33, 4 1, s. JI, 58. favors separation of powers, 1. 34· opposes popular election of representatives, 1. 50, (58). fears weakening of states, 1. 5 I, 53, (58). on number of senators, 1. 51, 58, 59· favors single executive, 1. 88, (90, 92). on veto, 1. 94, 100, (103, 106, 107, 109). opposes inferior courts, 1. 12 5, Z. 4 5. on ratification, 1. 128, 2. 469. on "perpetual union," 1. 129. on basis of representation, property, slaves, 1. 144, 151, 193, 196, 200, [4· 7], 1. (204), 407, 529, (537), 541, 562, s8o, 592, 6os. opposes veto of state laws, 1. 168, (173)· favors state control of taxes, 1. 205, (207). on payment of congressmen, 1. 2 I I , 219, (222), 374, 2. 290. on control of money bills, 1. 233, (238), 2. 224. on ineligibility of congressmen to office, I. (376), 379, (386, 389), 391, 394, 428, 2. 290. on state control of senators, 1. 434· on original apportionment, 1. 568. on basis of direct tax, 1. 594· on vagueness of powers of Congress, 2.

17· on term of executive, 2. 59· on election of executive, z. 112, 115, 50!. on location of capital, 2. 128. on qualification of electors of representatives, 2. 202. on qualifications of congressmen, z. 218, 236, 26g. opposes bills of credit, 2. 309, 310. on war powers, 2. 318. on peace power, z. 319, 540, 541. on regulation of militia, z. 331. on direct tax before first census, 11. 358. on export duties, z. 360, 374·

on assumption of Confederate engagements, 2. 392, 400, 413. committees: commercial regulations, 2. 410, (41 8); remaining matters, 2. 473, (481). moves rendition of fugitive slaves, 2. 443, 453· opposes two-thirds vote on trade laws, 2. 451. on admission, 2. 455· on state inspection charges, 2. s8g. on signing the Constitution, z. 64 7 n. signs it, z. 665. letters to W. Butler: (Aug.) on Convention, 3· 67; (Oct.) on Constitution, 3· 102; (1788) on Constitution and British government, divergent interests in Convention, 3· 301. (1788) on war and treaty-making powers, 3· 250. in Senate ( 1803): on vote by Vice President, 3· 400; on presidential election amendment, 3· 403; uses Hamilton's "pork still" phrase, 3· 404. Butler, Weedon, letters from Pierce Butler, 3· 67, 102, 301. Cabell, Joseph C., letters from Madison, 3· 477. 4· ss, s. 318. Cabinet, in Pinckney plan, z. 135, 136, 158, 3· I I I , 606,608. opinions of heads of departments, reported, 2. (495), 499· discussed and voted, 2. (533), 541543, (543)· as referred to committee of style, z. 575· in its report, z. 599· Mason on probable development, 2. 638. in Constitution, z. 659. See also Council; Departments. Caesar, and Triumvirate, 1. 254, (261, 267). Canals, power to cut or incorporate, proposed and rejected, 2. 611, 615, 6J6, (620). Jefferson and Hamilton (1791) on action, 3· 363.

GEJ\ERALINDEX Canals (continued) Madison: (I824) on refusal of power, 3· 463; (I83I) on possible grant, 3· 494· T. W. Cobb (I825) on refusal of power, 3· 464. See also Internal improvements. Capital of United States, in Pinckney plan and pamphlet, 3· I22, 609. separation from a state capital, discussed, 2. (I q), I27, !28. stability and locality, discussed, 2. 26 I,

[4. 5]. separate district, proposed, 2. (3 2 I), 325. reported and voted, ll. (505, 506), 509, 5IO. as referred to committee of style, 2. 570. in its report, 2. 595. in Constitution, 2. 656. provision for temporary, 2. 66 5. Dayton on (1804), 3· 408. Capitation tax, apportionment, in notes of committee of detail, 2. (I43), I69, 4· 43, S. I 87. in its report (VII. § 5), 2. I 83. recommitted, 2. 366, (374, 378). reported unchanged, 2. (396), 400. voted, 2. (409), 4!7. temporary provision against amendment, proposed and voted, 2. (55 5, 556), 559· as referred to committee of style, 2. 572, 578. in its report, 2. 596, 602. amended to include other direct tax, 2. (610n.), 6I8. in Constitution, 2. 656, 663. report of North Carolina delegates (Sept.), 3· 8J. McHenry's explanation (Nov.), 3· I49· Madison (q88) on limitation on slaves,

3· 32 5· Baldwin (I790) on same, 3· 360. See also Direct taxation. Captures on land and sea, jurisdiction over, in Virginia plan, 1. 22. dropped, 1. (2I I), 220. power to make rules, in notes of committee of detail, 2. (I43), I68, 4· 44, S. I88.

in its report (VII.§ I), 2. I82. power voted, 2. (JIJ), JI5. as referred to committee of style, 2. 570. in its report, 2. 595· in Constitution, 2. 655. Carmarthen, Francis Osborne, marquis of, letter from Bond on Convention, 3· 52. Carnegie Endowment for International Peace, edition of Madison's Notes, 4· X, I I.

Carrington, Edward, on franking mail of delegates, 3· I 7. letters: (June) to Jefferson on prospects and probable plan, 3· 37; (Sept.) to Madison on attitude of Virginia delegates in Congress, 3· 98; from Hamilton, 3· 366. Carroll, Charles, of Carrollton, elected delegate, 3· 22, 35, 558. why he declined, 3· 339· Carroll, Daniel, delegate from Maryland, 3· 558, 4· 64, s. 47· credentials, 3· 586. Pierce on, 3· 93. attendance, 1. 557, (559), 3· 587. committees: original apportionment, 1. 5 58, (562); commercial regulations, 2. 410, (4I8); remaining matters, 2. 473, (48I). on slave representation, 1. 58 8 n. on protection of states, 2. 48. on per capita vote in Senate, 2. 9 5. on election of executive, 2. I05, 402, 404. on direct tax before census, 2. 106, 350. on qualifications of congressmen, 2. I25, 226, 272. meetings of Maryland delegates, 2. I90, 210. opposes mere amendment of Confederation, 2. I 90. on control of money bills, 2. 210, 280. on taxation and commercial powers, navigation acts, 2. 2 I 1. on ratification, 2. 2I2, 357, 469, 475,

477on quorum in Congress, 2. 253, 305. on expulsion of congressmen, lli. 254. on entering dissent in Senate, 2. 255·

GENERAL INDEX on capital, 2. 262. on payment of congressmen, 2. 292. on veto, 2. 300. opposes export duties, 2. 308. on ex post facto laws, 2. 376. on prohibiting commercial discriminations, 2. 417, 468, 475, 481. opposes associating governors in appointing power, 2. 420. on admission and western claims, 2. 46I' 465. on address to the people, 2. 622. on state tonnage duties and harbor improvements, 2. 625, (633, 634). on change in ratio of representation, 2. 644· signs Constitution, 2. 664. letter (May) on attendance, 4· 62, S. 61. letter (1788) to Madison on Maryland Anti federalist statements, 3· 305. correspondence (1788) on Mercer's list of monarchical delegates, 3· 306, 3 I'}-324. before legislature, 4· 79, S. 28 5. Carroll, Rro. John, letters to, 3· 322324. Carthage, and provinces, 1. 13 5. commercial cause of wars, 1. 307. Rome, 1. 448, (456). Caswell, Gov. Richard, circular (March) calling for trade statistics, 3· I4. correspondence with delegates on allowance, 3· J7, 46, 52. to Spaight on adequate powers and separation of powers, 3· 63. reports from delegates, 3· 29, 46, 57, 64, 68, 70, 7I, 72, 74, 83. and delegateship, 3· 559, 567' 570. Caucus, King (I824) on presidential nomination, 3· 462. Census, provision proposed and discussed, 1. 20I, (205, 208, 564), 570, 57I, (575, 576), 578-588. time of first and periodicity, proposals and votes, 1. (576), 588, (589, 590), 594. 596. provision voted, 1. (59I), 597, 2. I4. as referred to committee of detail, 2. I3 I. in its notes, 2. (I39), I 53, I 54, I68, 4· 39> s. I84.

in its report (VII. § 3), 2. I83. first, within three years, 2. (339), 350. amended report, voted, 2. 352, (357). as referred to committee of style, 2. 57 I. in its report, 2. 590. correction, 4· 59, S. 269. in Constitution, 2. 6 51. Chapman, Reynolds, letter from Madison,

3· 494· Charlemagne, authority, 1. 285, (307). Charles II of England, Louis XIV, 2. 69, 25 I. Charters. See Corporations. Chase, Samuel, and Maryland delegation, 3· 339· Chatham, William Pitt, earl of, reference, 2. 104. Chesterfield, Philip Dormer Stanhope, earl of, cited, 1. 254, (26I, 270). Chief Justice of the United States, and proposed executive council, a. 335, (342), 367. succession to presidency, 2. 42 7. to preside over presidential impeachment trials: reported, a. (495), 498; voted, 2. (532), 538; as referred to committee of style, 2. 574; in its report, 2. 592; in Constitution, 2. 653. Childs, Francis, Lansing-Hamilton controversy, 3· 353· Cicero, reference, 1. 308. Cincinnati, Order of the, political control feared, 2. I I4, I I9. attitude toward Union, 3· J7, 43· meeting(1787), 3· 23, S. 9n. Citizen of New Haven (Roger Sherman), extract, 3· 354· Citizenship. See next titles; Naturalization; Privileges. Citizenship, in fourteenth amendment, 4·

95· See also next titles. Citizenship as qualification for President, instructions to committee of detail, 2. (IJ7), I2I, I24. report by special committee, 2. 367. native or at adoption of Constitution, reported, 2. 498. voted, 2. (532), 536.

GENERALIKDEX Citizenship as qualification for President

(continued) as referred to committee of style, 2. 574· in its report, 2. 598. in Constitution, 2. 659. in Hamilton's unpresented plan, 3· 629. Citizenship as qualification for representatives, instructions to committee of detail, 2. (II6, IJ7), I2I-I25. in its notes, 2. (I39), I 53, I64, 4· 39, s. I84. three years, in its report (IV. § 2), st. q8. discussed, seven years voted, st. (2I3), 2I6, (226). reconsidered, seven years revoted, st. 230, (245), 25 I, (265, 266), 268272, (28I). as referred to committee of style, st. 567. in its report, st. 590. in Constitution, 11. 651. in Hamilton's unpresented plan, 3· 629. Citizenship as qualification for senators, instructions to committee of detail, st. (II6, IJ7), I2I-I25. in its notes, st. (I4I), I55, I65, 4· 4I, s. I86. four years, in its report (V. § 3), st. 179· discussed, nine years voted, st. (228), 235-239, (242-244). reaffirmed, st. (266), 272, 273, (28I). as referred to committee of style, st. 567. in its report, st. 591. in Constitution, st. 652. in Hamilton's unpresented plan, 3· 629. City Tavern, delegates dine, 3· 8 I. Civil cases. See Jury trial. Civil power, subordination of military power, proposed and committed, 11. 334, (34I). Civil rights. See Bill of rights. Civil service. See Officers. Civil war, exemption of state from penalties of treason, 3· I 58, 223. See also next title; Domestic violence. Civil War, constitutional amendments following, 4· 97-99. validity of debt, 4· 99·

Clark, Abraham, and delegateship, 1. II5, 3· 35, 557, 563, S. 8. Classes, C. Pinckney's division, 4· 29, S. II4. See also Aristocracy; Commercial interest; Landed interest; Nobility; People; Professions. Clay, Charles, inquiry on militia, 3· 3 I8. Clay, Joseph, letter from Blount, 4· 64, S. 70. Clearance. See Ports. Clinton, Gov. George, opposition to strengthening Union, st. 329, 3· 63. report of Yates and Lansing, 3· 244· Clymer, George, delegate from Pennsylvania, 3· 558. credentials, 3· 565, 566. Pierce on, 3· 91. attendance, l. 7, (10), 3· 587. committees: assumption of state debts, st. 322, (328); slave trade, 11. 366, (375). on export duties, st. 363. on avoidance of term "slave," 11. 4 I 5. fears western development, 2. 442. on commercial regulations, 2. 450. on ratification, 2. 475, 477, 562. on Senate's appointing power, 2. 524. signs Constitution, 2. 664. Cobb, Thomas W., in Senate (I825), on lack of power to construct canals, 3· 464. Coercion of states, in Virginia plan, 1. 2 I, (28). in Pinckney plan, st. I36, 3· I I9, (6o8). in Sherman's proposals, 3· 6 I 6. in New Jersey plan, 1. 243, 245, (247), 256, (2. I57). discussion, 1. (47), 54, (6I), I64, I67, (I69, 171), J79, 284, (296, 302), 306, 320, (327), 339, 341, (346, 347, 349, 35I, 352), 506, 2. 9· consideration postponed, l. 4 7, (54, 6I). Otto (June) on Pinckney plan, 3· 41. Madison (Oct.) on problem, 3· IJI. McHenry on (Nov.), 3· I48. Ellsworth (q88) on, by law, 3· 241, 242. L. Martin's attitude, 3· 272, 284.

GENERALI~DEX

See also Constitutionality of laws; Governors; Supreme law; Union; Veto on state laws. Cogswell, William, letter from Madison,

3· 533· Coin. See Money. Coles, Edward, letter from Madison, 3· 534· s. 32 I. College of New Jersey. See Princeton Collins, John, letter to St. Clair (Sept.) on Rhode Island delegation, 3· 76. Colonies, English-American, and English interests, 1. I 3 5. royal veto, 1. I68, 3· IIJ. proposal of parliamentary representation, 1. J79, (I82, I84, I87, I9I). English requisitions, 1. 200, 3· 539· power of Parliament, 1. 472. attempt to check growth, 1. 6os, 3· 539> 540. English trade and revenue regulations, a. 276. Columbian Magazine, on meeting place of Convention, 4· 68, S. 168. Comity. See Interstate comity; Privileges and immunities. Commander in chief, President as, of army and navy, in Pinckney plan, a. 158, 3· III, (606). executive not to command personally, in New Jersey plan, 1. 244, ( 24 7, 2. 157). query on military powers of executive, a. 69, 70. President as, army, navy, militia: in notes of committee of detail, 2. (145), I72, 4· 46, s. I89. in its report (X.§ 2), 2. I85; discussed, militia limited to active service, 2. (422), 426, 4· 53; as referred to committee of style, 2.

57 5; in its report, militia limitation omitted, 2. 599; restored, 2. 621; in Constitution, 2. 659; in Hamilton's unpresented plan, 3. 624; L. Martin's objections (Nov.), 3· 2I8. See also Executive.

Commerce, power of Congress, in Pinckney plan, 2. IJ5, I 58, 3· I I6, (607)· in Sherman's proposals, 1. 133, (142), 3· 615. in New Jersey plan, 1. 243, (247). in notes of committee of detail, 2. (14J), 157, !67, 4· 43, s. 187. interstate and foreign, in its report (VII. § I), a. 18 I. discussed, Maryland delegates and power, 2. 211, 212, 4· 23, 25, 35, 52, S. !OJ. report voted, a. (304), 308. power to establish institutions to promote, proposed and committed, 11. (32 I), 324. McHenry's query as to extent of power, a. 504, 529· as referred to committee of style, 2. 569. in its report, a. 59 5. verbal amendment, a. 610n. concurrency of power discussed, a. 62 5. Gerry's objections, 2. 633, (635, 636). in Constitution, a. 6 55. circular on North Carolina statistics (March), 3· I4. Rhode Island merchants on (May), 3· I9, s. 2. report of North Carolina delegates (!787), 3· 84. Randolph (Oct.) on regulation by majority vote, 3· I27. McHenry's explanation (Nov.), 3· 149. sectionalism in Convention, 3· 303, 3J2. Randolph, Mason, and Madison (1788) on power, 3· 334, 335· C. Pinckney ( 18 19) on extent of interstate power, 3· 444· Madison: (1828) on power and protection policy, 3· 477; (1829) on extent of interstate power, 3· 478. liquor prohibition, 4· IOO, 102. interstate liquor, 4· 103. See also next titles; Bankruptcy; Canals; Corporations; Embargo; Export duties; Harbor improvements; Immigration; Import duties; Indians;

370

GENERAL INDEX

Commerce, power of Congress (continued) Navigation acts; Ports; Post offices; Post roads; Slave trade; Tonnage. Commerce, jurisdiction over cases of national, in Pinckney plan, 2. I36, (3. 6oS). in report of Virginia plan, 1. 23 7 n. in New Jersey plan, 1. 243, 244, (2. I57l· Commerce and finance, duties of proposed secretary, 2. 336, (343). Commerce under the Confederation, I. I9, (25), I97. (207), 256, 2S6, (297), 426, (433), 462, (479), 5 I3, 2. 7, 90, 306-30S, 360, 362, 449, 496, 5S3, 3· 30, 32S, 5I9, 542, 544, 547. 54S. Commercial interest, oppression by landed interest, 1. I35, I54, 604. and election of senators, 1. I 52, I 54, (I 57). class, 1. 402, (4II), 2. I24, 4· 29, S. 114. and slave representation, 1. 604. Commissions, President to issue, in Pinckney plan, 2. ISS, (3. 6o6). in notes of committee of detail, 2. (I46), I?I, 4· 47. s. 190. in its report (X. § 2), 2. 1S5. proposed form, 2. (335), 342. as referred to committee of style, 2. 574· in its report, 2. 6oo. in Constitution, 2. 660. See also Powers of executive. Committee of compromise on representation, discussed, voted, and appointed, 1. 509, 5II-5I6, (517-520). proceedings, 1. 522, 523, 526 n. report, 1. 524, (526). Committee of detail, papers, 1. xxii, xxiii. voted and appointed, 2. S5, S7, 95-97, (106), 3· 6I, 6s, 4· 72, s. I95, I96. given copy of proceedings, a. 107, 1 I 5. instructed on qualifications, 2. I I6. resolution on executive committed, a. I I7. text of committed resolutions, a. I2 76, 78, 92, 93, I44, 298JOO, 3· s6, 240, 24I, 424, 4· 45. Madison (I823) on state laws, 4· 83. See also Supreme law; Veto of state laws. Constitutions, state, Confederation not paramount, 1. (I9), 26. compromises in, 1. 5 I 5. and ratification of Federal Constitution by legislatures, 11. 92. See also Confederation; Federal Constitution. Construction. See Federal Constitution. Consuls, provisions as to appointment, 11. SJ3, 539, 574, 599, 66o. See also Ambassadors, ministers, and consuls. Contested elections, judging, I. 358, 367, (368), 2. ISS, I66, I80, 246, (254, 2S6), S67, S92, 611, 653· Continental Congress, and success of Revolution, I. 343, (348). origin, 3· 540. See also Confederation. Contracts, prohibition of state laws impairing obligation, proposed and discussed, 2. 439, 440, 449· in report of committee of style, 2. 597.

GENERAL INDEX phrasing, 11. 619, 636, 4· 59, S. 269. extension of prohibition to Congress, moved, 11. 619. in Constitution, 11. 657. L. Martin's objections (Nov.), 3· 214, 215. Davie (1788) on clause and state securities, 3· 350. impairment under Confederation, 3. 548. See also Ex post facto. Control over congressmen. See Punishment. Conventions. See Amendment; Federal Convention; Ratification. Cooper, Thomas, letter from Madison, 3· 474· Coor, James, North Carolina naval officer, 3· 14. Copyright, power of Congress to grant, in Pinckney plan, 3· I22, (609). proposed and committed, 11. (32I, 322), 325. reported and voted, 11. (505, 506), 509,

sw.

as referred to committee of style, 2. 570. in its report, 2. 595. in Constitution, 11. 6 55. Corbin, Francis, and delegateship, 3· 50. Corporations, power of Congress to grant charters, proposed, discussed, and rejected, 11. (32I, 322), 325, 6I5, 6I6. proposal to consider United States as corporation, committed, 11. 335, (342). Madison and Gerry (I79I) on power, 3· 362. Jefferson and Hamilton ( 179 I) on power, 3· 363. Baldwin ( 1798) on rejection of power,

3· 375· Correspondence of federal and state executives. See Governors. Corruption of blood. See Treason. Council, executive, in Pinckney plan, 11. I35, 3· I I I, (606). discussed, 1. (66), 70, (74), 97, I 10, z8s, 328, 329, 427, 4· 11. detailed proposal, committed, i. 33533 7' (342-344). as reported, 11. 367.

373

sectional, proposed, discussed, and rejected, 11. (533), 537, 539, 541, 542, (543). Mason on lack, 11. 638, 4· 56, S. 251. King (1788) on omission, 3· 269. See also next title. Council of revision. See Veto. Counsel, right of accused, 4· 9 5. Counterfeiting, power of Congress to provide for punishment, in notes of committee of detail, 2. (I44), I68, 4· 45,S. I88. in its report (VII.§ I), 11. I82. amended to include securities, and voted, 2. (3I2), 3I5, 3I6, (320), 4· 52, s. 209. as referred to committee of style, 2. 570. in its report, 2. 595· in Constitution, 2. 6 55. Court of Appeal in Cases of Capture, jurisdiction, 2. 43 1. Courts. See Judiciary. Coxe, Tench, letter to Madison (I790) on slave-trade memorial, 3· 361. Credentials of delegates, read, 1. 2, (4, 6), 45, 62, 76, I I5, 334, 353, 2. 84. limitation in Delaware, 1. 4, (6), 37, (40), 3· 574, 57 5 n. Massachusetts, cited, 1. I89. limitation in original Massachusetts, i. 285. texts, 3· 559-586, [4. 7]. See also Federal Convention; Powers of Convention. Crime, locality of federal trial, in Sherman's proposals, 3· 6I6. in notes of committee of detail, 11. (IH), 173, 4· 45. s. I89. in its report (XI. § 4), 11. I87. amended, 11. (434), 438, 4· 55, S. 245· as referred to committee of style, 11. 576. in its report, 11. 601. in Constitution, 11. 661. protection in trial, 4· 94, 9 5. See also Admiralty; Attainder; Counterfeiting; Domestic violence; Ex post facto; Extradition; Impeachment; Jury; Law of nations; Pardons; Privileges and immunities; Treason.

GENERALII"DEX

374

Crissey, Merrill H., acknowledgment to, 4· ix. Cromwell, Oliver, arming of slave, 2. 370. Crosskey, William W., S. JO{i-](](V. Crown lands. See Territory. Cutler, Manasseh, journal on Convention (July), 1. 6o6 n., 3· 5S, 4· 69, S. I6S. Cutting, John B. , letter to Jefferson (17SS) on Maryland conditions, 3· 339· Dana, Francis, and delegateship, 3· 22, (557), 5S4. Dane, Nathan, letters to King: (June) on secrecy, 3· 4S; (July) on necessity of action, 3· 54· letter from Gorham, 4· 63, 23 I. from King, S. 24, 79, So. Davie, William Richardson, delegate from North Carolina, 3· 22, 559· credentials, 3· 568. Williamson on, 3· 55· Pierce on, 3· 95· attendance, I. I, (3, 5), 3· 55, 70, 7 I, 5S7, S. '75· favors impeachment of executive, 1. 7 S, (SS), 2. 64. on representation in Senate, 1. 487, (49S, 505). committee on representation, 1. 509, (516, 520, 2. 12). on basis of representation, 1. 542. insists on slave representation, 1. 59 3. on term and reeligibility of executive, 2. I02, I20. letters: (May) on organizing of Convention, 3· 3I; (June) on salary, 3· 46, 52; (Aug.) on leaving, 3· 74· on prospects (July), 4· 7I, S. I75· in North Carolina convention: on basis of action of Convention, 3· 340-342, 344; on slave representation, 3· 342; on Vice President, 3· 343; on congressional elections, 3· 344; on journals, 3· 345; on reeligibility of President, 3· 346; on single executive, 3· 347;

on treaty-making and appointing powers, 3· 347-349; on bills of credit and legal tender, 3· 349; on obligation of contracts and state securities, 3· 350. and signing of Constitution, 3· 476. Davis, John A. G., letter from Madison, 3· 5IS. Day, George P., acknowledgment to, 1. X.

Dayton, Elias, letter from J. Dayton, 3· So. Dayton, Jonathan, delegate from New Jersey, 3· 557· credentials, 3· 564. Pierce on, 3· 90. French character sketch, 3· 235· attendance, I. 353, (354), 3· 5S7, S. 59, 64, 65, I96. on state payment of senators, 1. 42 S, (433)· on proportional representation, 1. 445, (456), 490, (499), 2. 5. on original apportionment, 1. 567. on slave representation, 2. 2 2 3. on standing army, 11. 330. on control of militia, 2. 3S5, 3S6. on Senate trial of controversies between states, 2. 401. on election of executive, 2. 402-404. committee on commercial discriminations, 2. 410, (4I S). on suppression of domestic violence, 2. 467. on ratification, 2. 4 77. on treaty-making power, 2. 549· on state inspection charges, 2. 5S9. signs Constitution, 2. 664. letters: from Brearley (June) urging attendance, 3· 37, 4· 72, S. 195, 196. to E. Dayton (Sept.) on probable adjournment, 3· So. in House: (I 7 9 I) on election of President, 3· 364; (I79S) on slave trade, 3· 377, 379· in Senate: (I So3) on Vice President, 3· 399; on large and small states, 3· 400-403; (1S04) on federal district, 3· 40S.

GENERAL INDEX report ( 1825) of recollections ( 18 15) on Franklin and representation crisis, 3· 467-473·, Madison (1831-34) on error of recollections, 3· 499, 531. Debt, payment as purpose of power to tax, in notes of committee of detail, 2. (142), 4· 43, s. !87. power to borrow money, in notes of committee, 2. (144), 168, 4· 45, S. I 88. in its report (VII. § 1), 2. 182. power voted, 2. (304), 310, (311). existing, and admission of new states, 2. 148, 159, J73, 188, 446, 454· proposals to insure payment, pledge public faith, and protect sinking funds, committed, 2. 322, (325, 326). first report on payment as purpose of power to tax, 2. (352), 355· further report and proposal, voted, 2. 366, (382), 392, s. 232, 258. more direct expression, rejected, 2. 414. later reported and voted, 2. 493, 49 5, (497, 499, 503), [4. 5]. purpose and power clauses as referred to committee of style, 2. 569. in its report, 2. 594· in Constitution, 2. 655. purpose clause as no grant of power, 3. 99, 379, 456--458, 483-494. 4· 85, 86, S. 318. validity of Civil War, 4· 99· See also Assumption. Declaration of Independence, and state sovereignty, 1. 324, (329), 340. enactment, 3· 540. Delaware, delegates attend Convention, 1. I, (J, 5), 7, (10), 16, (17), 3· 20, 26, 55 8. credentials, instructions for equal state representation, 1. 4, (6), 37, (40), 242n., 3· 28, 173, 574, 575, [4.

7l· comparison with large states, 1. 167, (qo, 172, 173), 2. 9, 3· 198, 405. action in Continental Congress, 1. 3 19, 476, (478). boundaries regulated by Pennsylvania, 1. 326.

375

position in case of disunion, 1. 462, 463, 528. original number of representatives, 1. 557, (559), 563, (566), 573, 2. (12), IJ, 624. hope for enlargement, 1. 606. proposed apportionment of senators, 2. I, (5, I 2). proposed number of executive electors, 2. 58, (6o, 63). commercial relations under Confederation, 2. 306, 362, 3· 328, 4· 25, S. IOJ. See also Bassett, Richard; Bedford, Gunning, jr.; Broom, Jacob; Dickinson, John; Middle States; Read, George; States. Delegates to Convention, first attendance, 1. I, 2, (3, 5), 7, (10), 16, (J7), 29, (33), 45, (47), 62, (64), 76, (79), 174, (!75), 192, (196), 334, (335), 353, (354), 557, (559), 2. 84, (87), q6, (177), 3· 2o-22, 2528, 31-JJ, 4· 62, s. 21. reluctance to discuss question, 1. 65. motion to request attendance of New Hampshire, rejected, 1. 480, 48 I, (494). dine together, (2. 650), 3· 81, 4· 66, s. 124. allowances, 3· J7, 35, 36, 46, 52, 57, 74, 568n., 572n., 586n., 4· 66, 67, S. IJO. mail franked, 3· 17. contemporary list (May), 3· 22. lodgings, at Indian Queen, 3· 24, 58, 59, 4· 62. liberal conduct of southern, 3· 66. earnestness, 3· 75· Pierce's character sketches, 3· 87-97. conduct, 3· 105. French character sketches, 3· 232-238. surviving (1827), 3· 475· list of appointed, 3· 5 57-559. record of attendance, 3· 586-590. average attendance, 3· 586 n. See also Credentials; Federal Convention; delegates by name. Democracy, excesses feared, 1. 26, 48, 49, 51, (58), 123, IJ2. See also People. Demosthenes, mention, 1. 307.

GENERAL INDEX Departments, executive. See Cabinet; Domestic affairs; Foreign relations; Marine; State; Treasury; War. Detail, committee of. See Committee. Deye, Thomas C., letter from L. Martin, 3· 269. Dickinson, John, delegate from Delaware,

3· 558. credentials, 3· 57 4· Pierce on, 3· 92. French character sketch, 3· 237. attendance, l. 16, (17), 3· 587, 4· 67, s. 145· draft motions (May 30) S. 30, 3 I. favors necessary powers, 1. 42. defining power of executive, 1. 74· on removal and character of executive, 1. 78, 85-87, (9o, 92), [4. 3]. on representation, 1. 87, 196, (205, 207), 242n., 2. 223, 356, S. 128, 129, 133-39. favors impeachment of executive, 1. 89. opposes judiciary veto power, 1. 108, (I 10), I40, (I44). on inferior courts, 1. I25, (I28). on election of congressmen, 1. I3 6, (I4I, 143> I48), I50, I52, (I56I6o). on preserving state governments and agency, 1. I52, (I59). favor veto of state laws, 1. I67, I68,

(!72). amendment of New Jersey plan, l. 28I, (282). plans of government, S. 84-9 I. suggests union of parts of both plans, 1. 327. on term of representatives, 1. 360, (365, 367). on election of executive, 2. II4, 5I3, 5I5. opposes recital of qualifications, 2. I23. freehold qualification for presidential electors, 2. 202, (207, 209). on residence qualification for representatives, 2. 2I8. on control of money bills, 2. 2 7 8. on payment of congressmen, 2. 292, 293· on declaring acts void, 2. 299. on power to define felonies, 2. JI6.

on domestic violences, 2. 3I8, 466, 46;. committees: assumption of state debts, 2. 322, (]28); slave trade, 2. 366, (37 5); remaining matters, 2. 473, (48I). on appointing power, 2. 329, 405, 406. on regulation of militia, 2. 33 I. on definition of treason, 2. 346. on treason against a state, 2. 349· on export duties, 2. 3 6 I. on slave trade, 2. 372, 4I6, [4· 5J. on treaty-making power, 2. 393· on presidential succession, 2. 427. on removal of judges, 2. 428, 429. on federal jurisdiction, 2. 43 I. on retroactive laws, 2. 448. on admission and western claims, 2. 456, 465. on ratification, 2. 469. on council, 2. 542. on state inspection duties, 2. 589. on place of direct-tax clause, 2. 607. signs Constitution by proxy, 2. 664, 3·

8!. letters from Read: (Jan.) on wording of credentials, 3· 57 5 n.; (May) on assemblage and plan, 3· 24; on lodgings, 4· 6I, S. 2 I. tells Rush of unity (June), 3· 33· requests Read to sign for him, 3· 8 I. and equal state suffrage in Senate, 3· 304, 554· framing of Articles of Confederation, 3·

54!. Diplomatic agents. See Ambassadors. Direct taxation, associating representation and contributions, 1. 20, 36, (I93), I96, I97, 20I, (204, 205, 525), 534, (536), 542, 562. association of apportionment of direct tax and representation, moved, discussed, and voted, 1. 589-597, (597), 11. I4, (I6). apportionment before first census, 1. 598, 6oo-60J, 2. I06, I3I, I68, 339, 350, 353, 357· G. Morris on impracticability of apportionment, 2. 106, 223. Madison on association, 2. 106 n. as referred to committee of detail, a. 13 I.

GENERAL INDEX in its notes, 2. (I43), I 53, I 54, I68, 4· 43> s. I87. in its report (VII. § 3), 2. I82. report amended and voted, 2. (339), 350, (35I, 352), 357, (365). G. Morris asks meaning of "direct," a. 350. use after failure of requisition only, moved and rejected, 2. 354, 359· as referred to committee of style, 2. 580. in its report, 2. 590. place and phrasing of clause, 2. 607, 6o8. in Constitution, 2. 65I. in Hamilton's unpresented plan, 3· 628. report of North Carolina delegates (Sept.), 3· 83. L. Martin (Nov.) on inequality of apportionment, 3· 200. and on attempt to combine with requisition, 3· 205. King (1788) on basis, 3· 255. Madison (1788) on tax on slaves, 3· 325. fourteenth amendment, 4· 98. income tax, 4· 100. See also Capitation tax; Taxation. Division of powers, incidental reference, 1. 24, 51, 59, 8o, 85, 86, (90), I 19. principle upheld, 1. 34, 39· Sherman's basis, 1. I33, (I42). Madison's basis, 1. I34-I36, (I4I). discussion of abolition of states and their agency in federal government, 1. I36, I37, (I4I, I43), I44, (I45), I53, 155, (157, I59), 202, (206), 337, (345), 463, (47I). Paterson and Wilson on Union and state sovereignty, 1. 178, I80, (I82, I83, I 86). Virginia plan and consolidation of states, 1. 249, (257, 263). Hamilton's attitude, 1. 284-286, (295297, 30I-303, 305-308, 3II), 323, (328), 329, 3· 338. necessity of preserving the states, 1. 322, (328, 330), 340, (346, 349, 35I), 357, 404, 406, 407, (4I2, 4I4, 4I5, 4I7), 439, 492, (502), 3· 340, 344, 4· 24, 37.

377

dangers of federal and state encroachment, 1. 355-359, (363, 366). King suggests bill of state rights, 1. 492, (502). G. Morris doubts possibility, 1. 552,

(s ss, ss6). and control of militia, 2. 3 84. Randolph on lack of precision, 2. 564, 3· I27. use of "consolidate" in letter to Congress, a. (584), 667, 3· 464. Mason's preconvention attitude, 3· 23. supposed attitude of eastern delegates and states, 3· 30. Madison (Oct.) on problem, 3· I33· Wilson (Nov.) on problem, 3· I39I4I, I44· Baldwin (Dec.) on ideas in Convention, 3· 168. Hamilton (I 7 88) on implied powers and state encroachments, 3· 239· Yates and Lansing (1788) on impracticability of consolidated government, 3· 246. Morris (I 8 11) on problem and results under Constitution, 3· .p8, 4I9, 42 I. Madison (1 824) on federal limitations, 4· 85, S. 3I4. his denial (I83I, I833) of advocating consolidation, 3· 516-518, 521-531. state reserved powers, tenth amendment, 4· 95· See also Coercion; Constitutionality; Monarchy; Powers of Congress; Prohibitions; States; Supreme law; Union; Veto of state laws. Division of states. See Partition. Dock yards. See Federal sites. Documentary History of the Constitution, Journal in, 1. xii n., 4· x, I I. editions, 1. xiii n. Madison's Notes in, 1. xvn., 4· x. Documents illustrative of the Formation of the Union, texts in, 4· xii, I 1. Domestic affairs, proposed secretary, 2. 329, 335, (342), 367. Domestic tranquillity, as purpose of federal power, 1. I 8. lack in Confederation, 1. 19, 25. weakness in New Jersey plan, 1. 3 I 8.

GENERAL INDEX Domestic tranquillity (continued) in preamble as reported by committee of style, 2. 590. in Constitution, 1. 6 51. See also next title. Domestic violence, protection of states, in Pinckney plan, 2. 137, (3. 609). proposed, discussed, and voted, 2. (39), 47-49· as referred to committee of detail, 2. 133· in its notes, 2. (144, 148), 159, 168, 174, 4· 45, 49, S. 188, 191. power of Congress, in its report (VU. § 1), 2. 182. federal protection, of states on application of legislature, in its report (XVIII), 2. 188. protection and slave representation, 2. 220, 222. power, discussed and dropped, 2. (313), 316-318, (320). federal protection, discussed and voted, on application of executive added, 2. (459), 466, 467. Randolph's objection to executive application, 2. 563. as referred to committee of style, 2. 578. in its report, 2. 602. amended to limit executive application, 2. (621), 628. in Constitution, 2. 662. in Hamilton's unpresented plan, 3· 630. See also Shays Rebellion. Doorkeeper of Convention, appointed, 1. 2, (6). salary, 4· 77 n., S. 277. Dorchester, Guy Carleton, earl of, correspondence with Sydney: (Sept.) on rumors of monarchy, 3. So; (1789) on plans of Convention, 3· 353· Due process of law, fifth amendment, 4·

94· fourteenth amendment, 4· 98. Duer, William A., letter from Madison,

3· 534· Dunlap, John, prints report of committee of detail, 2. 17 5. Duties, stamp, in New Jersey plan, 1. 243, (247).

power of Congress, in notes of committee of detail, 2. (143), 157, 167, 4· 43, S. 187. in its report (VII.§ 1), 2. 181. power voted, 2. (304), 308. term explained, 2. 30 5. uniformity, proposed and committed, 2. (410), 418. reported, 2. (434), 437· voted, 2. (473), 481. as referred to committee of style, 2. 569, 571. in its report, uniformity omitted, 2.

594· uniformity replaced, 2. ( 610 n. ), 6 q .. in Constitution, 2. 6 55. L. Martin on (Nov.), as meaning stamp duties, 3· (156), 203, 205. See also Common defense; Import; Export. Duvall, Gabriel, and delegateship, 3· 558. Eastern states. See New England. Eckard, Susan, anecdote, 3· 86 n. Economy. See Frugality; Sumptuary. Education, power of Congress to promote institutions, proposed and committed, 2. 322, (325)· Edward III of England, statute on treason, 2. 345· Eighteenth amendment, text, 4· 100. repeal, 4· 102. Eighth amendment, text, 4· 95· Election of congressmen, regulations, as to time in Pinckney plan, 2. 135, (3.

6os). as to time, place, and manner in notes of committee of detail, 2. 155, 165. in its report (VI. § 1), 2. 179· discussed, amended, and voted, 2. (229), 239-242, (244). as referred to committee of style, 2. 567. in its report, 2. 592. place of senatorial, exempted, 2. 613. in Constitution, 2. 653. McHenry's explanation (Nov.), 3· 148. L. Martin's objections (Nov.), 3· 155, 195· other delegates on (1787), S. 281, 282. other delegates on (1788), 3· 267, 311, 319, 344, 359·

GENERAL INDEX

See also Contested; Election of representatives; Election of senators. Election of executive, by Congress, in Virginia plan, 1. 2 I, (28). by Congress, in Pinckney plan, lt. I 3 5, (3. 6o6). discussed in committee of the whole, popular, advocated, 1. (64), 68, 69. by popularly elected electors, proposed and rejected, 1. (77), So, 8I, (89, 9I). by Congress, voted, 1. (77), 8I, (89). reconsidered, by proportional vote of state executives, rejected, 1. (I 49 ), IS6, (I63), I68, (I74), 175, [4·3L 1. q6, (ISO, I8I). by Congress, in report of Virginia plan, 1. (226), 230, (236). in New Jersey plan, 1. 244, (247). by electors, in Hamilton plan, 1. 292, 3· 6q. popular, rejected, lt. (22), 32. by electors appointed by state legislatures, rejected, lt. (22), 32. by Congress, voted in convention, lt. (22), 32. discussion in convention, 2. 29-32, s6s8, 99-106, [4. sl, 2. 108-115, u8-I20. reconsideration, by electors appointed by state legislatures, voted, lt. (50), 57,

ss.

apportionment of such electors, 2. 56, 57, (6o, 6I), 63, 64. qualifications of electors, lt. ( 6 I), 69, (517), 521. payment of them, 2. (7I), 73· by electors, reconsidered, by Congress, restored, 2. (85), 95, (97), 99, IOI, (I I6), I21. by electors chosen by lot from Congress, proposed, lt. 97, (99, 105). mixed legislative and congressional, proposed and rejected, lt. 98, IOI. special provision in case of reeligibility, rejected, lt. 107, (III), 522. first suggestion of vote for two of different states, 2. IIJ. as ref~rred to committee of detail, lt. IJ4. in its notes, lt. (I45), J7I, 4· 46, S.

I89.

379

by Congress, in its report (X. §I), 2. I 85. by joint ballot, considered and voted, lt. I96, I97, (397), 40I-40J, (406). popular, again rejected, lt. (397), 402, (407). equal state vote, rejected, lt. (397), 403, 406. by majority of votes of congressmen present, adopted, lt. (397), 403. casting vote by president of Senate, rejected, lt. (397), 403. by popularly elected electors, again rejected, lt. (397), 403, 404, (406). by popularly elected electors, with contingent vote by Senate, reported, 2. (493, 494), 497, 498, 4· s8. report discussed, lt. 499, (503, 504), 511-SIS, (SI6), 522-528, (530, 53 I), 535, 536. attempt to restore election by Congress, rejected, lt. (507 ), 5 I 1. various amendments to vote by Senate, rejected, lt. (507 ), 5I 2-5 I 5. ineligibility of congressmen and officers as electors, voted, lt. (5I7), 521. provision for electors, voted, lt. (5 q), 525, S. 300, JOI. presence of House at counting of votes, added, 2. (5I8), 526. immediacy of vote by Senate, added, 2. (5 I 8), 526. quorum of Senate, lt. (5I8), 526. electors voting at federal capital, rejected, 2. (5I8), 525· voting by all electors on same day, added, 2. (5I8), 526. vote by House as states, substituted for Senate, 2. (5I8), 527, (53I). quorum and majority of House, 2. (5 I9), 527, 528, [4. 5], 2. (532), 535, 536. as referred to committee of style, 2. 572, 573in its report, 2. 597, 598. phrasing altered, 2. (62I), 626, 628, 633 n. in Constitution, 2. 658. in Hamilton's unpresented plan, 3· 622-624. Madison (1787-88) on problem, 3· I32, 329, 33 I.

J80

GE~ERALINDEX

Election of executive (continued) McHenry's explanation (Nov.), 3· rso. L. Martin (Nov.) on contest and objections, 3· (I58), 2I7. Wilson (r788) on problem, 3· I66, I67. Dayton on (I79I), 3· 364. C. Pinckney and Baldwin on (I8oo), 3· 382-384, 388-390. Morris (I802) on, in light of JeffersonBurr contest, 3· 393-395. Dayton and Morris (I 803) on mode and small state interests, 3. 399-403, 405. Pickering and Butler (I 803) on proposed amendment, 3· 403. King (I 8 I 6, I 824) on unexpected developments, 3· 422, 462. Madison (I823) on vote by House and district election of electors, 3· 458, 464. King (I 82 3) on state legislatures and electors, 3· 459. Madison (I824) on second ballot by electors, 3· 460. King (I 824) on compromise, 3· 461. twelfth amendment, 4· 96. See also Executive; Introduction; Reeligibility; Presidential succession. Election of representatives, popular, in Virginia plan, 1. 20, (27). in Pinckney plan, 3. 6o 5. popular, discussed and voted in committee of the whole, 1. (46), 48-50, (54-58, 6o). reconsidered and affirmed, by legislatures, rejected, 1. (I I8), I24, (I30), I32-I38, (I4o-I47). in report of Virginia plan, 1. (225), 228, (235). in Hamilton plan, 1. 29I, (300). according to state preference, discussed and rejected, 1. (353), 358-360, (364, 365, 367, j68). popular, voted in convention, 1. (353), 360, (365). as referred to committee of detail, z. I29. in its notes, provisions for vacancies and judging, z. (I39, I40), I5I, IS3ISS, I63-I66, 4· 40, 4I, s. I84, I8S.

in its report (1\'. §§ r, ~. n. § 4), 2. r;8-I8o. report voted, 2. (:I') 1 '·'' lib, (225, 227), 231, (243, :•4),, 254, (256). as referred to committee of style, 2. s6s-s6;. in its report, 2. 59o-592. attempt to reconsider judging, 2. 61I. in Constitution, 2. 65 I-653· in Hamilton's unpresented plan, 3· 6I9,

6zo. Gerry (Oct.) on insecurity of popular, 3· I28. C. Pinckney (1789) on popular and legislative, 3· 355· See also Election of congressmen; House; Qualifications of electors; Reeligibility; Term; Vacancies. Election of senators, in Virginia plan, by House on nomination by state legislatures, 1. 20, (28). in Pinckney plan, 2. I35, 3· I 10, (6os). discussion in committee of the whole, by House and popular rejected, by legislatures voted, 1. (46), 5 I, 52, (55, ss, 59, 6I, I48, 149), ISo-Is6, (r56-I6r), 4· I4, IS. in report of Virginia plan, 1. (225), 228, (235). Wilson's plan, S. 58, 59· in Hamilton plan, 1. 29I, (300). report discussed and voted, 1. (395), 405-408, (4I3-4I7). Madison on election by legislatures and proportional representation, 1. 408 n. appointment by executive, proposed, 1. 513. as referred to committee of detail, 2. I29. in its notes, 2. (I4I), I54, ISS, I65, I66, 4· 41, s. 184, ISs. in its report, including vacancies and judging (V. § 1, VI. § 4), 2. 179, I80. report discussed, amended, and voted, 2. (227, 228), 2JI, 232, (242, 243, 246), 254, (256). as referred to committee of style, 2. s66, s67. in its report, 2. 59I, 592. attempt to reconsider judging, 2. 6I 1.

GE:\'ERALI~DEX

in Constitution, 2. 652, 653. in Hamilton's unpresented plan, 3· 621. Madison on (1787-88), 3· IJJ, 270. popular, seventeenth amendment, 4· 100. See also Election of congressmen; Senate; Term; Vacancies. Electors. See Election of executive; Suffrage. Eleventh amendment, text, 4· 96. Elliot, Jonathan, editions of Journal, 1. XII n. of Yates' notes, 1. xiv n. of Madison's notes, 1. xvn. Elliot, WilliamS., on Pinckney plan, 3· 603 n. Ellsworth, Oliver, delegate from Connecticut, 3· 557. credentials, 3· 585. Pierce on, 3· 89. French character sketch, 3· 233. attendance, 1. 7, (10), 3· 75, 587. votes for general powers of Congress, 1.

54· supports equal state vote in Senate, 1. I93, 201. on term of representatives, 1. 214, 361, (368). and New Jersey plan, 1. 255, [4. 4], 1. (262). moves excision of term "national," 1. (334), 335. (344). on ratification, 1. 335, 2. 88, 90, (96). on payment of congressmen, 1. 3 7 I, 374, C3n 379), 427, (433), 11. 290, 292, 293· favors legislative election of senators, 1. 406, (414, 4I7). on necessity of preserving states, 1. 406, (4I4, 4J7), 492, (502). optimistic, 1. 463, (4 7 I). presents and upholds Connecticut compromise, 1. 468, (474, 475, 477), 484, (495, 496, 504), s. 128. defends Connecticut, 1. 487, (497, 504). and committee on representation, 1. 509, (516, 520), 526n., (2. 12). supports compromise report, 1. 532, 11. II.

objects to piecemeal vote on it, on size of House, 1. 569.

1.

553.

on slave and property representation, 1. 594> 595· on representation and taxation, 1. 597. on direct tax before census, 1. 602, 2. 3 58. on election of executive, 11. 57, 58, 63, 108, I I I. on term of executive, 2. 59· favors associating justices in veto, 2. 73. opposes executive appointment of justices, 2. 8 1. favors per capita vote in Senate, 2. 94· committee of detail, 2. 97, (106), 4· 72, S. I95, I96. favors reeligibility of executive, 2. I OJ. on qualifications of congressmen, 2. I26, 2J7, 2I8, 235, 249, 250. on meeting of Congress, 2. I98, 200. on qualifications of electors of representatives, 11. 20I, 202, (207). on ratio of representation and future amendment, 2. 221. opposes House control of money bills, 2. 224, 233· on filling vacancies in Senate, 2. 23 I, 232. on quorum, 2. 253· opposes yea and nay vote, 11. 255· on journals, 2. 260. on ineligibility of congressmen to office, II. 288. objects to postponements, 2. 301. on export duties, 2. 307, 359, 361. opposes bills of credit, II. 309. on defining crimes, 2. 3I6. on suppressing rebellion in states, 11. 3 I7. on war and peace powers, 2. 3I9, 3I9n. on assumption of debts, 11. 327, 356, 357, 377proposes a council, 11. 329. on control of militia, 2. 330, 332, 385, 386. on sumptuary laws, 11. 344· on wording of implied powers, 11. 345· on defining treason, 2. 346, 347, 349· on treason against a state, 11. 349· on time of first census, II. 3 so. on slave trade, 11. 364, 370, 3· I65. on need of mutual concessions, II. 3 7 5. on ex post facto laws, 11. 376, 3· I65.

GENERAL INDEX Ellsworth, Oliver (continued) on veto of state laws, 2. 391, [4. 5]. letter from Paterson (Aug.), 4· 73, S. 236. report to governor (Sept.), 3· 99· Landholder letters (1787-88): on ratification by conventions, 3· 137; on ratio of representation, 3· 143; on navigation acts, 3· 1 64; on Mason's objections, 3. 16 5; on spirit of Convention, 3· 168; on Gerry's objections and his interest in continental paper money, 3· qoJ72;

Gerry's replies, 3· 239, 298; reply to Martin's defense of Gerry, and on Martin's attitude, 3· 271-275; Martin's rejoinder, 3· 276-295. in Connecticut convention: on taxation power, 3· 240; on coercion by law, 3· 240, 241. (1800) on Washington's influence and real framers, 3· 396. Genet's edition of Yates' notes ( 1808) on, and compromise, 3· 414, 415. and signing of Constitution, 3· 476. Madison (1836) on, in Convention, 3· 53 8. compromise and federalism, 4· 89, S. 322. Embargo, state right, in Pinckney plan, 2. 135, (3. 607). and prohibition of export duties, 2. j60, 36 I. prohibition of state, rejected, 2. (435), 440, 441. Eminent domain, 4· 94· Emoluments. See Salary. Enacting style of laws. See Style. Entry. See Ports. Eppes, John W., copies Madison's Notes, 1. 354n., [4. 4), S. xxiii, xxiv. letter to Madison ( 1 8 10) on Hamilton's unpresented plan, 3· 417. Equality, in America, 1. 398, 400, (410), 422, 424, (43 I, 432). C. Pinckney on actuality, 4· 29, 31, 32, 34, S. I 14, I 15. See also Aristocracy; Democracy. Equality of states. See Large and small states; Representation; Social compact; State sovereignty.

Equity, jurisdiction given to federal courts, 2. (422), 425, 428, 432, 4· 54, 61, S. 244,270. phrasing of committee of style altered, 2. 62 I. Everett, Alexander H., mistake on Washington, 3· 4 7 5. Everett, Edward, letter from Madison, 3· 475· Excise, power of Congress, in notes of committee of detail, 2. ( 143), 167,

4· 5· in its report (VII.§ 1), 2. 181. power voted, 2. (304), 308. uniformity, proposed and committed, 2. (410), 418. reported, 2. (434), 437· voted, 2. (473), 481. as referred to committee of style, 2. 569, 571. in its report, uniformity omitted, 2. 594· uniformity restored, 2. (610n.), 614. in Constitution, 2. 6 55. L. Martin (Nov.) on power and probable lack of uniformity, 2. 204, 20 5. See also Duties; Taxation. Execution of federal laws, duty of executive, in Virginia plan, 1. 21. in Pinckney plan, 2. 158, 3· I I I , (6o6). amended in committee of the whole, 1. 63, 67, (70). in report of Virginia plan, 1. (226), 230, (236). by state officials, in Sherman's proposals, 3· 616. in New Jersey plan, 1. 244· in Hamilton plan, 1. 292. report voted in convention, 2. (23), 32, (116), 121. as referred to committee of detail, 1. (132), 134· in its notes, 1. (145), 171, 4· 46, S. I 89. in its report (X.§ 2), 2. 185. as referred to committee of style, 11. 574· in its report, II. 6oo. in Constitution, 2. 660. See also Executive.

GE:t-;ERALINDEX Executive, federal, in Virginia plan, 1. zi, (28), S. 28, 43, 44, 48. in Pinckney plan, ll. IJ5, !58, 3· I IO, (6o6). a "national," voted in committee of the whole, 1. (62, 63), 64, 66, (70). Hamilton on dangers in periodic changes, 1. I45· in report of Virginia plan, 1. (225), 230, (236). in New Jersey plan, 1. 244, (247), 3·

6 I I. provision against plurality of office or emoluments, 1. 244, ll. 335, (341), 626. in Hamilton's speech and plan, 1. 289, 292, (299, 300, 309, 3 10), 3· 622625. as referred to committee of detail, 2. (II6, I20, 132), 134. in its notes, 2. (145, 146), 151, 171, 4· 46, 47, s. 189, 190. in its report (X), 2. 185. correspondence with governors, 2. 15 8, 171, 185, (411), 419, 4· 53, S. 210. and great seal, ll. 158, 335, (3. 6o6). and power to declare war, 2. 318, 319. qualifications of, S. 253· question of privileges, 2. 503, 3· 385. as referred to committee of style, 2. 572-57 5· in its report, 2. 597-600. in Constitution, 2. 657-660. preconvention projects, 3· 23, 25. supposed attitude of eastern delegates, 3· 26. Otto on plan Oune), 3· 40. Madison (Oct.) on problems, 3· 132. Baldwin (Dec.) on main ideas in Convention, 3· I69. C. Pinckney (q88) on principles, 3· 249· C. Pinckney ( 1818) on hasty increase of powers, 3· 427. Madison's criticism of this, 3· 502. See also Adjournment of Congress; Ambassadors, reception; Appointment to office; Cabinet; Commander in chief; Commissions; Council; Election; Execution of federal laws; Impeachment; Messages; Monarchy; Number; Oath;

Pardons and reprieves; Powers; Presidential succession; Qualifications; Reeligibility; Removal; Salary; Separation of powers; Sessions of Congress, extra; Style; Term; Title; Treaty-making power; Veto; Vice President. Executives of states. See Governors. Expenditures, requirement of publication, proposed and voted, 2. (610n.), 618, 619, 4· 59, S. 269. in Constitution, 2. 6 57. Madison and Mason (q88) on publication, 3· 311, 326, 327. See also Appropriations; Finance; Money bills; Salary. Expenses of Convention, payment of contingent, ll. (496), 502, (so6), 510, [4. 5], 2. 511, 4· 76, 40, 41. state allowances to delegates, 3· q, 35, 36, 46, 52, 57, 74, s68 n., 572n., s86 n. mail of delegates franked, 3· 17. Ex post facto laws, prohibition on Congress, proposed, discussed, and voted, ll. (368), J75, 376, (378). prohibition on states, proposed and voted, a. (435), 439, 440. confined to criminal cases, a. 448, 6 17. as referred to committee of style, a. 571, in its report, lll. 596, 597. phrasing altered, a. 610n. motion to strike out prohibitions rejected, a. (611), 6q, 636. Mason's objections, a. 640, 4· 59, S. 269. in Constitution, a. 656, 657. Ellsworth on (Dec.), 3· 165. Randolph ( 17 8 8) on limitation to criminallaws, 3· 328. See also Contracts. Export duties, Hamilton on, 1. 286. opposed, 1. 592, a. 95· prohibition on Congress: in notes of committee of detail, a. (142, 143), 168, 4· 43, S. 187. in its report (VII. § 4), ll. 183; discussed, a. 220, 222, (303), 305308, 359-363; permission for regulations on two-thirds vote, rejected, a. (354), 363, [4. 5];

n s.

sn

GENERAL!,\;DEX Export duties (continued) voted, 2. (354), 363, (365). prohibition on states: in Pinckney plan, 2. 159, (3. 607); added to conditional prohibitions, 2. (435), 442; revenue to federal treasury, 2. (437), 442, 443), (444); Randolph's objection, 2. 563. clauses as referred to committee of style, 2. 571, 577in its report, 2. 596, 597. permission to state to cover inspection charges, discussed and voted, 2. (583), 588, 589, (6os), 6o7, 624. Mason's objection to prohibition on states, 2. 640. clauses in Constitution, 2. 657. Madison (1787-88) on problem, 3· 135, 328. L. Martin's objections (Nov.) to prohibition on states, 3· 2 I 5. King (q88) on inspection exception, 3· 268. Williamson (1792) on prohibition, 3· 365. Expulsion of congressmen, in notes of committee of detail, 2. (140), 156, 166, 4· 40, S. 185. in its report (VI. § 6), 2. 1 So. requirement of two-thirds vote added, 2. (246), 254· as referred to committee of style, 2.

s6s. in its report, 2. 592. in Constitution, 2. 653. Extra sessions of Congress. See Sessions. Extradition, in Pinckney plan and pamphlet, 2. 135, 3· 112, (607). in notes of committee of detail, 2. 174· in its report (XV), 2. 187. amended and voted, 2. (437), 443, (456). as referred to the committee of style, 2. 577in its report, 2. 6o 1. phrasing altered, 2. 621. in Constitution, 2. 662. in Hamilton's unpresented plan, 3· 629. See also Fugitive slaves. Fabius, letters of, extract, 3· 304.

Faith and credit, interstate. See Interstate comity. Federal Constitution, notes of committee of detail on essentials and style, 2. (137), 4· J7, J8, S. I8J, 184. jurisdiction over cases under, 2. 430, 576, 6oo, 661. objections, S. 249· Randolph's objections, 2. 6 3!. Mason's objections, 2. 632, 637-640, S. 251, 252. Gerry's objections, 2. 632, 635, 636. voted, 2. 633. Franklin's speech on completed, 2. 64I-64J, 4· 78, S. 279· discussion of form of signing, 2. 643649, [4. 6). signing, 2. 648, 649, 3· 81, 100, 104, q6. Jackson to carry to Congress, 2. 650, 3· 82. printing, 2. 6 50. engrossed text, 2. 651-663, [4. 6]. signatures, 2. 664, 66 5, [4· 6). letter to Congress accompanying, 2. 666 (see also Address). report of North Carolina delegates, 3· 8J. of Connecticut delegates, 3· 99· Wilson's address (Oct.), 3· 101. Butler (1787-88) on comparison with British government, 3· 102, JOI. Washington (1787-88) on achievement, 3· !OJ, 137, 270, 339· Randolph (1787-88) on not signing yet supporting, 3· I2J-I27, 135, 307, 337· Gerry (1787-88) on attitude, inconsistency, 3· 128, qo-q2, 180, 239, 259, 27 I, 274, 278-282, 298-300. reasons for Mason's antagonism, 3. I 2 s. 28j. Morris on (q88), 3· 242. Madison (1788) on achievement, 3· 244·

GENER-\L Il'\DEX Strong (Jj88) on perspicuity, 3· 248.

L. Martin and signing, 3· 274, 275, 293-295· Martin (1788) on state differences and faults, 3. 29 5. C. Pinckney (Jj88) on Providence in, 3· 30!. Madison (1788) on phraseology, 3· 33 I. Madison (1788) on supporting, 3· 353· influence of proceedings in Convention on interpretation, 3· 362-364, 37 I375, 420, 474· Madison (1792, !819-30) on construction, 3· 366, 435, 464, 482. Baldwin ( 1796) on intentional ambiguities, 3· 369. G. Morris ( 18 15) on writing and perspicuity, 3· 420, 499· Jackson (1818) on compromise, 4· 83, S. JIO. Madison (1821-35) on influence of ratifying conventions on construction, 3· 450, 474, 518, 534· Madison ( 1821) on restraining influence on states, 3· 455· Madison (1834) on authorship, 3· 533· See also Amendment; Introduction; Congress; Executive; Judiciary; Oath to support; Ratification; States; Supreme law; and also the Index by Clauses. Federal Convention, recommendation of Annapolis Convention, 3· 545· response, 3· 545, 546. earlier suggestions, 3· 546. conditions of Confederation on its assemblage, 3· 547-549 (see also Confederation). resolution of Congress calling, 1. xi, 3· 13, 15, (579n.). meeting place, 1. xi, 1, (5), 3· 20, 58, S9n., 4· 68, s. 167, !68. attitude of Rhode Island, 1. 9, ( 12, IJ), 3· 15, 18, 28, 29, JO, 35, 37, 47> 51, 53, 76, 546. lack of regularity in proceedings, 1. 58, 6o. probable effect of failure, 1. 467, (474), 490, 511, 515, 530, 532, 54, 123. 533, a. 7, 3· Mercer and monarchical interests, 11. 192, 3· 305' 306, J2o-324.

so,

dispatch urged, 2. 301, 328, 370. Otto 0 une) on prospects, 3. 15. delegates on character and importance, 3· 31, 32, 36, 45, 49· outsiders on prospects and probable plan, 3· 37-45, 52, 61, 65, 69, 73, 353, 4· 70, 74, 75, s. 173> 248, 250. delegates on prospects ar d task, 3· 51, 54-57, 6o, 61, 64-1>6, 68, 69, 7176, so, 98, 4· 63-65, 68, 7o-73, 75, S. 46, 47, !63, 173, 175, 195, 196, 236, 248, 250. reported unanimity, 3. 6o. notices of termination, 3· 81, 82. concord, 3· 132. C. C. Pinckney on, S. 278. Wilson (Nov.) on problems, 3· 138140. Ellsworth (Dec.) on spirit, 3· 168. Baldwin (Dec.) on progress, main ideas, and method, 3· 168-170. Madison ( 17 8 8) on divergent interests, 3· 243> 244· Butler (1788) on same, 3· 303. Hamilton (1788) on same, 3· 332, 333· Baldwin (1799) on same, 3· 380. L. Martin (q88) on last days' haste, 3· 29 I. Mason (1788) on same, 3· 305. C. Pinckney (1818) on same, 3· 427. Madison (1831) in dissent of this, 3· 502. Madison (1788) on mutual concessions, 3· 335· Davie (1788) on same, 3· 341. Baldwin (1799) on same, 3· 380. Few (1816) on same, 3· 423. proceedings as influencing interpretation of Constitution, 3· 362-364, 371375, 420, 474· Morris (1802) on opportuneness, 3· 390. Ellsworth (1800) on Washington's lack of influence, 3· 396. Madison (1821, 1836) on character and results, 3· 455, 551. See also Address; Committees; Credentials; Delegates; Expenses; Federal Constitution; Journal; Organization; Powers of Convention; Prayers; Records; Secrecy; delegates by name.

J86

GENERAL INDEX

Federal district. See Capital. Federal government, definitions,

Fitch, John, steamboat, 3· 553, S. 232,

34, (4J), 28J, (295), JOI, JI4, JJI, 3· 47J, 5I7.

See also Union. Federal sites, authority to procure, committed, ll. J2I, (325). control by Congress, reported and voted, 2. 505, 506, (509, 5 10). as referred to committee of style, 2.

570. in its report, 2. 596. in Constitution, 2. 656. Federalist, extracts, 3· 239, 243, 257,

270. Felony, reason for defining, 2. JI6, 3·

332. Few, William, delegate from Georgia, 3·

559· credentials, 3· 576--578. Pierce on, 3· 97. French character sketch, 3· 238. attendance, 1. 2, (3), 3· 587. committee on commercial regulations, ll.

410, (4I 8).

signs Constitution, 2. 66 5. autobiography (I 8 I 6) on compromise,

3· 42J. surviving member of Convention

(I827), 3· 475· Fifteenth amendment, text, 4· 99· Fifth amendment, text, 4· 94· Finance, proposed department and secretary, 1. III, ll. 53, IJ5, 136, I58,

329, 335, 336, (J4I, 343), 367, 3· III, (606, 608). certain disqualifications of congressmen, rejected, 2. (I 17), I2I-I26. proposed basis for settlement of Revolutionary accounts, 2. (353), 357· See also Appropriations; Assumption; Bankruptcy; Debt; Expenditures; Money bills; Receipts; Requisitions; Revenue; Taxation; Treasurer. Findley, William, on appointing power

(I798), 3· 375· First amendment, text, 4· 93· Fisheries, protection as object of Union, 1.

J08, 604,

ll.

2J7.

1.

449, 548, 3· 335·

effect of Revolution, 3· 303. New England, 4· 25, S. 103. right in treaties, 4· 58, S. 262.

FitzSimons, Thomas, delegate from Pennsylvania, 3· 558. credentials, 3· 56 5. Pierce on, 3· 91. of foreign birth, 2. 269. attendance, 1. I, (J, 5), 3· 588. on suffrage, 2. 20 1. on export duties, ll. 362. committee on commercial regulations, ll.

4IO, (4I 8).

restriction of ports of entry, ll. 480. harbor improvements, ll. 529. treaty-making power, 2. 538. ratification, ll. 560. state export duties for inspection charges, 2. 589. on publication of expenditures, 2. 619. signs Constitution, 2. 664, [4· 6]. Flaxseed, production, 4· 25. Flour, production, 4· 25. Forbes, Allyn B., acknowledgment to, 4· on on on on on

!X,

Force. See Coercion. Ford, Worthington C., acknowledgment to, 1. ix. Foreign relations, proposed department and secretary, 1. I I I, IJ9, ll. 53,

IJ5, IJ6, I58, 329, JJ5, JJ6, (343), 367, 3· I I I, (606, 608), 4· I6, s. 49· state interference under Confederation, 1.

316, 3· I IJ, 548.

foreign intrigue with states feared, 1.

JI9, (327). as function of Senate, 1. 426, (433). dangers in disunion, 1. 466, (473),

492, (50!). and failure of Convention, 1. 53o-532. influence of foreigners feared, ll. 268272, 3· 61. C. Pinckney on, 4· 29, S. I IJ, I I4. See also Alliances; Ambassadors; Commerce; Foreign titles; Foreigners; Immigration; Invasion; Law of nations; Naturalization; Treaties; War power. Foreign titles and gifts, prohibition, proposed and voted, ll. (38 I), 389. as referred to committee of style, ll.

572. in its report, ll. 596.

GENERAL INDEX in Constitution, 2. 6 57. in Hamilton's unpresented plan, 3· 629. Randolph on (1788), 3· 327. Foreigners, federal jurisdiction over cases, in Virginia plan, 1. 22. dropped in committee of the whole, 1. (223, 232), 238. in New Jersey plan, 1. 244, (247, 2. I 57). in Hamilton plan, 1. 292, 3· 626. in notes of committee of detail, 2. (I47), 173> 4· 48, s. I90. in its report (XI. § 3), 2. I 86. as referred to committee of style, 2. 576. in its report, 2. 601. in Constitution, 2. 661. See also Immigration; Naturalization. Forts. See Federal sites. Foster, Roger, acknowledgment to, 1. ix. Fourteenth amendment, text, 4· 99· Fourth amendment, text, 4· 94· France, references to government and foreign relations, 1. 84, 448, (456, 458), 2. 274, 289, 307. United States debt, 1. 262. tobacco contract, 2. 306. slavery, a. 371. rumor of interest in Convention, 3· 305. state violation of treaty, 3· 548. attitude, 4· 22, S. IOI. See also Otto, Louis G. Franklin, Benjamin, delegate from Pennsylvania, 3· 558. credentials, 3· 566. Pierce on, 3· 91. French character sketch, 3· 235. attendance, 1. 7, (10), 3· 33, 98, 270, 588. and presidency of Convention, 1. 4, [4. 3l· on veto of state laws contrary to treaties, 1. 47, (54, 6I), [4· 3l· opposes bicameral Congress, 1. 48. on importance of discussions, 1. 6 5. opposes payment of executive, 1. ( 77 ), 8I-85, (89, 9I), 2. 626. favors plural executive, 1. 85, I02n., !OJ, (108). on veto, 1. 94, 98, (I03, 106, 107, I09)·

on appointment of judges, 1. I I 9, (128). counsels harmony, plan for representation and contributions, 1. I 97-200, [4. 3], 1. (205). on payment of congressmen, 1. 2 I 6, 427. proposes prayers, 1. 45o-452, (457). compromise proposals on representation, 1. 488, (498, 505), 507. committee on representation, proposal in, 1. 509, (5 I6, 520), 523, (526 n., 2. I2). objects to piecemeal vote on report, 1. 543· on importance of control of money bills, 1. 546, 2. 233· and secrecy, 1. 6o6 n., 3· 59· on judges' salary, 2. 44· on impeachment of executive, 2. 6 5, 67. on reeligibility of executive, 2. I 20. on suffrage, 2. 204, (208, 2IO). on qualification of congressmen, 2. 236, 239, (243), 249· on treason, 2. 348. favors a council, 2. 542. favors a second convention for amendments proposed by states, 2. 564. committee on economy, 2. 607. on canals, 2. 6Ij, (620). on finished Constitution, plan for signing, 2. 64I-643, 646, 647, (649), 4· 78-8o, S. 279, 285, 289. "rising sun" remark, 2. 648. signs Constitution, 2. 664. dines delegates, 3· 20, 21. letters: on assembling of Convention, 3· 2 I(2); Ouly) on hopes, 3· 6I; (Sept.) on attendance and results, 3· 98. remark Oune) on character of Convention, 3· 33· anecdote, 3· 85. and results, 3. 9 8. comment on final speech, garbled versions, 3· 104, I68. letters: (1787-88) on achievement, 3· I3I, 270, 296; (q88) on bicameral Congress, 3· 297; (q88) on reeligibility of executive, 3· 354·

GENER-\L INDEX

J88

Franklin, Benjamin (continued) Martin (Nov.) on attitude on representation, 3· I52, I54, I78, I90. Baldwin (Dec.) on his general idea, 3· J70. Martin's insinuations (I788), 3· 294, 300· Louis XVI's gift, 3· 327 n. and memorial on slave trade, 3· 361. Genet's edition (I 8oS) of Yates' notes on, and compromise, 3· 4I 5. Dayton and Madison on prayer incident,

3· 47 288, 289, (299, 300, 308' 310), 345' 398403, (410, 41 I), 472, 484, (495, 504), 545, 584, a. 3 I, IOI, 104, 122, !26, 203-205, (208, 210), 236, 250, 25I, 297, 300, 393, (395), 542, sso, 3· 40, 102, IIO, I30, 203, 310, 327, 357, 362, 385, 522, 549, 4· 30, 32, s. Il4, 115. high sheriff, 1. 84. crown veto, 1. 98-100, (107, 109), 139, (I44), 164, I68, 337. 2. 28, 3· 549· elections and corruption, 1. 102, 132, 2I4, 2I8, (222), 254, 337, 362, (375, 376), 379-381, 387, 450, (457), 491, a. I99, 203-205, (208, 210), 216, 218, (225), 405.

392

GENERALll\'DEX

Great Britain (continued) money bills, 1. 233, 234, (238), 2. 274· 275, 278, 279· 428. judiciary, 1. 254, 2. 73, 75, commercial cause of wars, 1. 308. relations with United States, 1. 426, (433), 5I3, 2. 2I6, 236, 27I, 442, 3· 547, 548, 4· 22, s. IOI. and France, 1. 448, (456, 458). military strength, 1. 465, 582. slave trade and slavery, 2. 370, 37 I. bankruptcy in, 2. 489. jury trial, 3· 332. See also American Revolution; Colonies. Great Lakes, navigation, 1. 308. Great seal, custody, in Pinckney plan, 2. I58, (3. 6o6). proposal for, committed, 2. 335, (342). Greece, references, 1. I I2, I35, 553, 4· ]6, s. II7, Il8. slavery, 2. 37o-372. See also Achaean; Amphictyonic; Athens; Sparta; Thebes. Grimke, Thomas S., errors, letter to, 3· 53 I. Grison League, 3· I I 5. Guarantee to states. See Domestic violence; Invasion; Republican government; Territory.

n,

Habeas corpus, privilege of writ, in Pinckney pamphlet and plan, 3· I22, 609. proposal committed, 2. (334), 341, 342. regulation of suspension discussed and voted, 2. (435), 438. as referred to committee of style, 2. 576. in its report, 2. 596. in Constitution, 2. 656. McHenry (Nov.) on clause, 3· I49· L. Martin (Nov.) on clause, 3· (I 57), 2I3, (290). Hall, Levi, letter to Convention, 3· I9. Halsey, Thomas L., letter to Convention, 3· I9. Hamilton, Alexander, delegate from New York, 3· 557· credentials, 3· 579-58 I. Pierce on, 3· 89. French character sketch, 3· 234·

arrives, 3· 22. attendance, 1. I, (3, 5), 465n., 2. 268, 3· s88, 4· 68, s. I63. character of notes, 1. xxi. text of notes, 1. 72, 145, I60, 173, 267, 304, 333, 350, 368, 434· committees: on rules, 1. 2, (4); of style, 2. 547, (553, 554). nominates Jackson for secretary, 1. 4,

(6). on preliminary inquiry into capacity of Union, 1. 27. favors proportional representation, 1. (J I), 36, I9J, (202), 286, (297), 465, (472, 477. 479)· votes for a national government, 1. 3 5. on executive in general, 1. 73, 28929I, (299, JOO, 304). on attendance of congressmen, 1. 7 3. on payment of executive, 1. 85. favors absolute veto, 1. (94), 98, I07, (ro8), 2. 585. point of order, 1. 95, (104). on appointment of judges, 1. I 28. on advantage of free government, 1. I45· on factions, 1. I46, I47· on state agency in federal government, 1. I60. on recommitting Virginia plan, 1. 24I, 246. speech and plan of government, 1. 28282, 83, 84, 91, 293, (294-304), 92, 93, 97. outline of speech, 1. 304-3 I I. outline of plan, 1. 29 I-293, (300, JOI), 3· 6q-6I9. Madison's report of speech, 1. 293 n. Lansing on plan, 1. 337n., 351. text of unpresented plan, 3· 6I9-630. on powers of Convention, 1. 283, (295, JOI). on federal government, 1. 283, (295, 30I). on expectation of ratification, 1. 283, 29I, (JOI). on antagonism of state and central governments, 1. 284-286, (295-297, 30I-30J, 305-308, 3II), 323, (328), 329. on revenue under New Jersey plan, 1. 286, (297).

s.

393

GENERAL INDEX on expect duties, 1. 286. on war powers of Confederation, 1. 287, (298). on difficulties of a general government, 1. 287, (298, 303, 305). attitude toward monarchy, British government as model, 1. 288, (299, 303, 308), 424. on need of aristocratic phase, 1. 288, (299, 308, 309)· "pork still" remark, 1. 293 n., 301, 3· 404, 4I3. on Confederation and social compact, 1. 324, (329). on security of small states, 1. 3 2 5. on control of election of representatives, 1. 358, (364). on their term, 1. 362, (366, 368). on their payment, 1. 373, (374), 378. on their eligibility to office, 1. (376), J8I, (390), 394· on purpose of Senate, 1. 424, (432, 434, 435). opposes prayers, 1. 452. on results of disunion or failure of Convention, 1. 466, (473). on citizenship of representatives, ll. 265 n., 268. on plan of presidential electors, 2. 524, (530). on original apportionment, 2. 55 3. on amendment, 2. 558, 559· on method of ratification, 2. s6o, s6z,

s63. on signing Constitution, ll. 645. signs it, 2. 664. letters: Ouly) on public sentiment for strong government, 3· 53; on Pierce's challenge, 3· 64; (Aug.) on return to Convention, 3· 70,

75. Washington's letter Ouly) on small-state delegates, 3· s6. L. Martin (Nov.) on, and presidential election, 3· rs8. in Federalist, on implied powers, 3· 239· in New York convention: on divergent interests and compromises, 3· 323; on ratio of representation, 3· 336; on basis of Senate, 3· 337;

Lansing's retort on consolidated government, 3· 338; Lansing's letter on this, 3· 352. Dorchester (1788) on monarchical plan,

3· 354· ( 17 9 I) on power to charter corporations, 3· 363. letter (1792) on assumption, 3· 366. Mason (I792) on New York delegates, 3· 367. controversy (I792-I803) over plan and favoring monarchy, 3· 368, 369, 395, 397-399, 409. Ellsworth (I800) on position, 3· 397· Madison (I8ro-35) on plan, 3· 4I6, 426, 48o, 3 7. Eppes (I8Io) on unpresented plan, 3· 4I7· J. Q. Adams (1819) on plan, 3· 432. on growth of presidential politics, 3· 410. Genet's edition (I 8o8) of Yales' notes on attitude, 3· 4I2, 413, 4I5. Morris (I8I I) on position, 3· 4I8. Dayton's recollections on prayer incident, 3· 4 71. Madison: (1834) on report of speech, 3· 533, 534; on later political differences, 3· 534; on Annapolis Convention, 3· 545· Hamilton, John C., on publication of Yates' notes, 1. xiv. on father's speech, 1. 293 n., 304n., 3· 533· Hanseatic League, commercial wars, 1.

sao, s

307· Harbor improvements, power to Congress, 2. 504, 529· state tonnage duties for, 2. 625, (633, 634l· See also Internal improvements. Harden, William, acknowledgment to, 1. !X.

Harrison, Robert H., and delegateship, 3· 22, 558. Hay, George, letter from Madison, 3· 458. Hayne, Robert Y., Madison on errors, 3· 5I6. Hazard, Ebenezer, letter from Belknap,

3·

262.

394

GENERAL INDEX

Hemp, encouragement of manufacture, 2. 44l· Henry IV of France, reference, 1. 405, (413). Henry, Patrick, and delegateship, 3· (ss8), 558 n., 56 I, 562. on congressional salaries and ineligibility clauses, 3· 312. Henry E. Huntington Library, acknowledgment to, 4· ix. Mason's notes, 4· 14. Hillhouse, James, letter from Madison, 3· 48J. Hiltzheimer, Jacob, on meeting place of Convention, 4· 69, S. 167, 168, 325-337· Historical Society of Pennsylvania, acknowledgments to, 1. viii, 4· ix. Holland. See Netherlands. Holroyd, John. See Sheffield. Holt, Sir John, independence, 2. 429. Holy Roman Empire (Germany), government, 1. 283, 285, 290, (294, 296, 303, 307), 317, (326, 330), 485, (504), 552, 553, (555, 556), 2. 109, 3· 41, 4· 36, S. 118. foreign intrigue, 1. 319, 530. preserved by Austria, 1. 343, (348, 350). contentions of Austria and Prussia, 1. 448, (456, 458). lesser states, l. 449· Hours of meeting of Convention. See Organization. House of Representatives, election of senators by, discussed and rejected, 1. 20, (28, 46), 51, 52, (55, 58, 59, 6!). recall of representatives, rejected, 1. 20, (210), 217, (221). association in treaty-making power, rejected, 2. (532), 538, 4· 58, S. 262. discussion ( 1796) of relation to treatymaking power, 3· 371-375. See also Adjournment of separate Houses; Apportionment; Attendance; Congress; Election of executive; Election of representatives; Impeachment; Journals; Legislation; Oath to support Constitution; Office, ineligibility; Officers of Congress; Privileges of congressmen; Punishment; Qualifications of representatives; Quorum; Reeli-

giblity; Representation; Rules; Salary of congressmen; Sessions, extra; Style of national legislature; Term; Vacancies; Yea and nay vote. Houston, William Churchill, delegate from New Jersey, 3· 557, S. 8. credentials, 3· 563. attendance, l. I, (J, 5), 3· 588. Houstoun, William, delegate from Georgia, 3· 559· credentials, 3· 576-578. Pierce on, 3· 97. attendance, 1. 62, (64), 3· 32, 588. votes against equal state suffrage in Senate, 1. 510. committee on apportionment of representatives, 1. 558, (562). on original apportionment, 1. 568. moves postponement, 2. 3 2. favors reeligibility of executive, 2. 33· on guarantee to states, 2. 48. on election of executive, 2. 64, 9 5, 99. Hudson, Mrs. S. E. Johnson, acknowledgment to, 3· 552 n. Hull, Charles H., acknowledgment to, 1. lX.

Hume, David, cited, 1. (376), 381. Humphreys, David, letter from Washington, 3· !OJ. Humphries, John, North Carolina naval officer, 3· 14. Hunt, Gaillard, acknowledgment to, 1. ix. editions of Madison's Notes, 1. xvn., 4· x-xii, 11, 58 n. Huntington, Benjamin, French character sketch, 3· 233 n. Huntington, Samuel, governor of Connecticut, report to, 3· 99· Hurlbut, Martin L., letter from Madison, 3· 482. Immigration, encouragement and qualifications of congressmen, 2. 216, 235239, 268-272, 3· 61. and slavery, 2. 370. and provision on slave trade, 3· 376379, 436, 438, 443. 444· See also Citizenship; Naturalization. Immunities of citizens. See Privileges. Impeachment, general, trial by judiciary in Virginia plan, 1. 22.

GENERAL INDEX arraignment and trial in Pinckney plan, a. IJ6, I59, (3. 6oS). trial by judiciary voted in committee, 1. (224), 2J2, (238). in report of Virginia plan, 1. 23 I, (237). trial in New Jersey plan, 1. 244, (247). in Hamilton plan, 1. 292, 3· 6I8. trial by judiciary rejected in convention, a. 39, (46). in notes of committee of detail, a. (I45), I54, I64, 172, I?J, 4· 4648, s. I89, I90. arraignment by House in its report (IV. § 6), a. 179· and pardoning power in report (X. § 2), a. I85. trial by Supreme Court in report (XI. § 3), a. I 86. punishment in report (XI. § 5), a. I 87. arraignment by House voted, a. 227, (23 I). of proposed council, a. 337, (344). provision for, of judges committed and reported, a. 337, (344), 367. exception from pardons voted, a. (4I I), 4I9. trial by Supreme Court postponed, a. 423, (43I). punishment voted, a. (435), 438, (444). trial by Senate and two-thirds vote for conviction reported, a. 493, (497). discussed, a. sao, 50!. statement of impeachable offenses added, a. (545), 552. oath of senators added, a. (547), 552. amended trial by Senate voted, a. (547), 552. as referred to committee of style, a. s66, 572, 575, 576. in its report, a. 59I, 592, 599· affirmation of senators added, a. 610n. suspension during, rejected, a. 6Iz. in Constitution, a. 652, 653, 659. in Hamilton's unpresented plan, 3· 620, 626. McHenry (Nov.) on provisions, 3· I48. Wilson (Dec.) on trial, 3· I62. L. Martin (I 804) on provisions, 3· 406, 407.

395

Madison (I833) on Virginia plan, 3· 528. See also next title; Recall; Removal. Impeachment of executive, in Pinckney plan and pamphlet, 3· I I I, 6o6. voted in committee of the whole, 1. 7 8, (88). in report of Virginia plan, 1. (226, 230), 2J6. in New Jersey plan, 3· 611, 6I4. in Hamilton plan, 1. 292. discussed and voted in convention, a. 53, (6I), 64-69. as referred to committee of detail, a. (116, I2I, I32), I34· in its notes, a. (I45), 172, 4· 46, S. I89. in its report (X. § 2), a. I 86. report discussed and postponed, a. (422), 427. report of special committee, chief justice to preside, a. 495, (498, 499). report discussed, statement of offences amended, provision voted, a. 532, (545), sso--552. Randolph's objection, a. 563. as referred to committee of style, a. 574> 575· in its report, a. 592, 600. Madison's criticism, a. 6I2. Mason on inconsistency, (a. 637), 4· 6o, S. 270. in Constitution, a. 6 53, 66o. in Hamilton's unpresented plan, 3· 625, 626. L. Martin (Nov.) on inefficiency of provision, 3· (I58), 2I9. See also preceding title. Implied powers, in notes of committee of detail, a. (I44), I68, 4· 45, S. I89. in its report (VII.§ I), a. I82. report voted, a. (337), 344, 345· Randolph's objection, a. 563. as referred to committee of style, a.

570. in its report, a. 596. Gerry's objection, a. 633, (635). Mason's objection, a. 640, 4· 56, 57, s. 25 I. in Constitution, a. 656. Hamilton on (1788), 3· 239· Sherman on (1790), 3· 362.

GE!\ERALI!\DEX Implied powers (continued) Butler's motion on, S. 23 r. See also Common defense. Import duties, exclusive power of Congress, in Pinckney plan, 2. 135, 158, 3· rr6, (607). and export duties under Confederation, 1. 19, (25), 197, 249, 254, (257, 264), 342, 462, (479), 496, 2. 7, 90, 307, 342, 360, 3· 30, 328, 519, 542, 544, 547, 548. to be chief source of federal revenue, 1. 133, (143), I97, 286, (297), 2. 277in New Jersey plan, 1. 243, (247). in notes of committee of detail, 2. (143), 167, 169, 4· 43, S. 187. power of Congress in its report (VII. § r), 2. r8r. conditional prohibition on states in report (XIII), 2. r 87. power of Congress voted, 2. (304), 308. difference between imposts and duties explained, ll. 30 5. uniformity proposed and committed, 2. (410), 418. reported, 2. (434), 437· and voted, 2. (473), 481, 4· 57, S. 25 I. absolute prohibition on states rejected, 2. (435), 441. revenue from state, to federal treasury, 2. (437), 442, 443, (444). conditional prohibition on states voted, 2. (437), 443· provisions as referred to committee of style, 2. 569, 571, 577. in its report with uniformity omitted, 2. 594. 597. uniformity added, 2. (6ron.), 614. to cover state inspection charges added, 2. 624. provisions in Constitution, 2. 655, 657. L. Martin (Nov.) on probable lack of uniformity, 3· 205. Williamson (1792) on uniformity, 3· 365. Madison (1828, 1832), on protection, 3· 477> 5I8-j2I. See also Common defense; Duties; Taxation. Income tax, uniformity, sixteenth amendment, 4· roo.

Independence. See Declaration. Independence Hall, meeting place of Convention, 1. xi, r, (5), 3· 20, 58, 59n., 4· 68, S. 167, r68. Cutler on, 3· 58. Indian Queen Tavern, delegates lodge, 3· 24, 58, 59· delegates dine, 3· 53, 4· 66, S. 124. Indiana Company, claim, 3· 297· Indians, exclusion from basis of apportionment, 1. (193), 201, (227), 229, (236), 2. 183, 352, (357), 571, 590, 65 r. under Confederation, 1. 3 r 6, (3 2 6, 330), 3· 548. control in notes of committee of detail, 2. (143), 4· 44, S. r88. regulative power of Congress committed, 2. 321, (324). reported, 2. 367, (493), 497· voted, 2. (495), 499, (503). as referred to committee of style, 2. 569. in its report, 2. 595· in Constitution, 2. 655. Indigo, as staple, 1. 510, 2. 449, 4· 25,

s.

!OJ.

and export duties, 2. 360, 3· 365. Indirect taxation, chief source of federal revenue, 1. IJJ, (143), 197, 286, (297), 2. 277uniformity in notes of committee of detail, 2. (143), 4· 43, S. 187. See also Duties; Excise; Export duties; Import duties. Ineligibility of executive to reelection. See Reeligibility. Ineligibility to office. See Office, ineligibility of congressmen. Inferior tribunals, in Virginia plan, 1. 2 I, (28). in committee of the whole, power of Congress substituted for requirement, 1. 95, (104), II6, (IrS, 119), I24, 125, (127, 128). in report of Virginia plan, 1. (226), 2J I, (237). in Sherman's proposals, 3· 6I6. in Hamilton plan, 1. 292, (301). power discussed and voted in convention, 2. (38), 45, 46.

GENERA.L IKDEX as referred to committee of detail, 2. I33· in its notes, 2. (I44, I47), I68, I72, 173, 4· 44, 47, 48, S. I88, I9o. in its report (VII. § I, XI. § I), 2. I 82, I 86. right of Congress to assign jurisdiction to, in report of committee (XI. § 3), a. I86. report on establishment voted, a. (3 IJ), 3I5. jurisdiction provisions, dropped, a. (425), 4JI, 4· 53· establishment as referred to committee of style, a. 570, 575· in its report, a. 595, 6oo. vote on reconsideration, a. 611. in Constitution, a. 6 55, 660. L. Martin (Nov.) on opposition, 3· 206. G. Morris (I802) on requirement, 3· 39 I. See also Judiciary. Ingersoll, Charles J., letter from Madison,

3· 495· Ingersoll, Jared, delegate from Pennsylvania, 3· 558, S. 7· credentials, 3· 565. Pierce on, 3· 91. attendance, 1. 7, (10), 3· 588. on signing of the Constitution, a. 647. signs it, a. 664. letter (April) on secretaryship, 3· I8. committee on Address, 4· 83, S. 3 10. speech, S. IOQ-105. Inhabitance in the state, as qualification of congressmen, in notes of committee of detail, a. (I39n.), ISJ, ISS, I64, I65, 4· 39n., S. I84n. residence required in its report (IV. § 2,

v.

§ 3), a. q8, '79·

"resident" changed to "inhabitant" and voted, term of inhabitance rejected, a. (2IJ), 2I6-2I9, (225, 226, 228, 229), 239, (243). as referred to committee of style, a. s6s, 567. in its report, a. 590, 591. in Constitution, 2. 65I, 652. in Hamilton's unpresented plan, 3· 629. McHenry's explanation (Nov.), 3· I47· See also Qualifications; Residence.

397

Inspection charges, permitted state export charges, discussed and voted, a. (58J), s88, 589, 597 n., (6os), 607, 624. import duties added, a. 624. in Constitution, a. 6 57. King (1788) on clause, 3· 268. Institutions, power of Congress to establish proposed, a. 322, (325). Insurrection. See Domestic violence. Interior, department of. See Domestic affairs. Internal improvements, Randolph on, as needed power of Congress, 1. 26. See also Canals; Harbor; Post roads. International law. See Law of nations. Interstate agreements. See Agreements. Interstate cases and state as party, jurisdiction in cases of citizens of different states, in Virginia plan, 1. 22, (28). Congress to decide disputes between states, in Pinckney plan, a. I35, 3· I '7, (607). Virginia plan amended in committee of the whole, 1. 211, (220). general statement of jurisdiction substituted, 1. 223, (232), 238. territorial cases between state and federal government, in New Jersey plan, 3· 611. jurisdiction in notes of committee of detail, a. (I47), 173, 4· 48, s. I90. and in its report (XI. § 3), a. I 86. trial by Senate of interstate land cases in its notes, a. I6o-I6J, 170, 171. and in its report (IX.§§ 2, 3), a. I8JI 85. original jurisdiction of Supreme Court where state is party, in notes of committee, a. '73· and in its report (XI. § 3), a. I 86. Senate trial dropped, a. (396), 400, 40I' (406). land cases added to court jurisdiction, a. (425), 43 I· Mason papers on, a. (432), 4· 54, S. 244· as to cases involving western· claims, a. (458, 459). 466, 3· 627. provisions as referred to committee of style, a. 576. in its report, a. 6oo, 601. in Constitution, a. 661.

GENER:\.L Il\DEX Interstate cases and state as party (continued) in Hamilton's unpresented plan, 3· 626, 627. Caswell's wishes Ouly), 3· 64. Baldwin on (Dec.), 3· I69. L. Martin's criticism (Nov.), 3· 220. Mason's uncertain criticism (1788), 3· 33 I. limitation by eleventh amendment, 4· 96. See also Jurisdiction. Interstate comity, in Pinckney plan, 2. I35, 3· II2, (607). in New Jersey plan, 1. 245, (247). in notes of committee of detail, 2. I74· in its report (XVI), 2. I88. recommitted with proposed amendment, 2. (445), 447. 448, (456). reported with regulation by Congress, 2. (483), 485. amended and adopted, 2. (486), 488, 489, 4· 6I, s. 270. as referred to committee of style, 2.

sn in its report, 2. 6oi. in Constitution, 2. 661. in Hamilton's unpresented plan, 3· 629. See also Bankruptcy; Extradition; Fugitive slaves; Privileges and immunities. Interstate commerce. See Commerce. Introduction of new government, provision for continuing Old' Congress, in Virginia plan, 1. 22, (28). Mason on interregnum, l. (I I3), 4· I9, s. 51. voted in committee of the whole, 1. (II?), I2I, (126, 227), 23I, (237). dropped in convention, 2. (3 9), 46, 4 7. plan in notes of committee of detail, 2. (I49), I60, 174. 4· so, s. I92. in its report (XXIII), 2. I 89. report amended and voted, 2. (472, 473), 479. 480, (482). as referred to committee of style, 2. 579· reported as separate resolution, 2. (604), 6o8. as sent to Congress, 2. 66 5. Invasion, protection of states against, in Pinckney plan, 2. I37, (3. 609).

proposed and voted, 2. (39), 48, 49· as referrerd to committee of detail, 2. 133· in its notes, 2. (I44, I48), I 59, 174, 4· 45. 49· s. 188, I9I. in its report (XVIII), 2. I 88. report amended and voted, 2. (459, 461), 466, (470). as referred to committee of style, 2. 578. in its report, 2. 602. in Constitution, 2. 662. Inventions. See Patents. Iredell, James, convention letters to, 3· 31, 54, 55, 6o, 61, 67, 68. Jackson, Edward B., Smyth's charges against Adams, 3· 456-458. Jackson, John G., letter from Madison, 3· 448. Jackson, William, secretary of Convention, character of Journal, 1. xii, xiii. and publication of it, 1. xii, 3· 426, 4· 81-83, S. 309, 310. fitness for position, 1. xii n. notes of debates, 1. xiin., xxiii, 3· 426, 476, S. xix, 3I5, 3I6. candidacy for position, 3· I 8, 24. election, 1. 2, (4, 6, 32), 3· 27, 28, 4· 63, s. 20. motion to superintend his minutes, rejected, 1. 17. record of votes, 1. 32 n. pay, 2. 510, 4· [s], 77. nn., s. 277to carry Constitution to Congress, 2. 6so, 3· 82. attestation on Constitution, 2. 664. letters: to Washington (Sept.) on disposal of papers, 3· 82; to Adams ( 1818) on Journal, 4· 81, 82, s. 309, 310. James II of England, disobedience of officers, 2. 405. Jameson, J. Franklin, acknowledgments to, 1. ix, 4· viii. text of Pinckney plan, 1. xxii n., 3. 604. on New Jersey plan, 3· 614. Jay, John, letters from Washington Ouly) on foreigners and offices, 3. 61 , 7 6. Lansing-Hamilton controversy, 3· 353·

GENERAL INDEX Jay treaty, discussion of treaty-making power, 3· 371-375. Jefferson, Thomas, letters: from Madison (May-July) on meeting and progress of Convention, 3· 20, 34, 64; from Washington (May) on importance, 3· 3 1; from Carrington Oune) on prospects and scheme, 3· 37; from Monroe Ouly) on veto of state laws, 3· 65; toJ. Adams (Aug.) on secrecy, 3· 76; from Madison (Sept. , Oct.) on outline and results, 3· 77, 131; from unknown (Oct.) on close and results, 3· I3I; from Mason (q88) on objections, 3· 304; from Cutting (q88) on Maryland conditions, 3· 339· anecdote of bicameral Congress, 3· 359. comments: (I 79 I) on strict construction as to bank, 3· 363; (I792) on Washington and apportionment bill, 3· 366; (1798) on Baldwin's account of rejection of power to charter banks, 3· 375. letters from Madison: ( 1796) on treatymaking power, 3· 372; (1799) on publishing his notes, 3· 38I; (I 8 10) on Hamilton's unpresented plan, 3· 4I6; (I823) on declaring state acts void, 4· 83, s. 312; (I824) on election of President, 3· 460. letter to Adams (I 8 I 5) on Madison's notes, 3· 421. draft of a constitution, 4· So. Jenckes, John, letter to Convention, 3· I9. Jenifer, Daniel of St. Thomas, delegate from Maryland, 3· 558, S. I56n. credentials, 3· 586. Pierce on, 3· 93· attendance, l. 76, (79), 3· 33, 588, 4· 64, s. 47· on term of representatives, 1. 2I4, (220). on ineligibility of representatives to office, l. (389), 394· and equal vote in Senate, 1. 510, 3· I88 n. and piecemeal vote on compromise, 1. 543·

399

conferences of Maryland delegates, a. I90, 209, 2I2. opposes mere amendment of Confederation, 2. I90, I9I. on residence of representatives, 2. 226. on governors and appointing power, 2. 420. vote on ratification, 2. 4 77. on restriction of ports of entry, 2. 48 1. signs Constitution, 2. 664. anecdote of Martin's opposition, 3· 85. before legislature, 4· 79, S. 28 5. Jeopardy, twice in, protection, 4· 94· Jews, letter to Convention on religious freedom, 3· 78. Johnson, Thomas, and delegateship, 3· 3 5, 339· Johnson, William Samuel, delegate from Connecticut, 3· 557. credentials, 3. 58 5. Pierce on, 3· 88. attendance, 1. 76, (79), 3· 588. diary, 3· 552-554. proposes representation compromise, 1. 354, (362, 366, 407), 4I5, (4I7), 46I, 468, (470, 476, 479). on slave representation, 1. 593, 596. on treason, 2. 346, 347· committees: slave trade, 2. 366, (37 5); interstate comity, 2. 445, (448); style, a. 547, (553, 554); promotion of frugality, 2. 607. on ex post facto laws, lll. 376, (378). on treaty-making power, lll. 393· on interstate cases, lll. 401. on assumption of Confederate obligations, a. 4I4. on federal jurisdiction, a. 428, 430. on admission, a. 456, 463. on interstate comity, a. 447, 488. presents reports of committee of style, a. 582, (585), 604, (6o8). on association to promote frugality, a. 6o6. signs Constitution, a. 664. on franking mail (April), 3· I7. letters: from Ingersoll (April) on secretaryship, 3· 18; to son Oune) on conditions, 3· 49; to Peters Ouly) on prospects, 4· 72, S. I96.

GE~ER-\L

400

Johnson, William Samuel (continued) Genet's edition (I 8o8) of Yates' notes on compromise, 3· 4IJ-4I5; on task and accomplishment, 4· 88, S. J2J. Joint ballot, in proposed congressional election of executive, 2. IJ5, I45, I96, I97> (397), 40I-40J, (406). oftreasurer, 2. (JI2), JI4, Ji5, (320), 4· 52, S. 209. Joint resolutions. See Resolutions. Jones, John Paul, letter from Franklin, 3· 6!. Jones, Joseph, letter to Madison (Sept.) on rumors of discord, 3. So. Jones, Willie, and delegateship, 3· 559, 570, 57 I. Jordan, DavidS., acknowledgment to, 1. X.

Jordan, John W., acknowledgment to, 1. ix, xxii n. Jordan, Thomas, letter from Franklin, 3· 21.

Journal of the Convention, disposal, 1. xi, 2. 648, 3· 82, 370, 4· I I. publication ordered, 1. xi, 3· 425. J. Q. Adams' edition, condition and preparation for publication, 1. xii, 3· 426-428, 4JG-4J4, 445, 4· 8I-8J, S. 309, 3 IO. later editions, 1. xii n. plan in present edition, 1. xiii. confusion in record of votes, 1. xiii, 32 n. reliability, 1. xiii. supervision of minutes rejected, 1. I 7. Madison (I 8 Ij) on publication, 3· 423. charges against Adams of falsification, 3· 456-458. Madison's copy, \Vashington's emendations, 4· I2, 57, 58. See also Federal Convention; Jackson, William; Votes. Journals, congressional, in notes of committee of detail, 2. I 56, I66. in its report (VI. § 7), 2. I8o. discussed, amended on secret proceedings, and voted, 2. (246, 247), 254256, (257), 259, 260, (264), 4· 59, S. 289. as referred to committee of style, 2. 568.

!0iDEX in its report, 2. 592. required publication of all House proceedings rejected, 2. 6 I 3, [4· 6]. Gerry's objections, 4· 635. in Constitution, 4· 653. Madison and Mason (I788) on publication, 3· JII, 326. Davie (I788) on publication, 3· 345· Judging elections. See Contested elections. Judiciary, federal, establishment, in Virginia plan, 1. 2I (28), S. 27. in Pinckney plan, 2. IJ6, 3· I I7, (6oS). French judiciary, 1. 84. establishment, Supreme and inferior, voted in committee of the whole, 1. 95, (I04), I I6, I26. inferior, made optional with Congress, 1. (II8, II9), I24, I25, (I27, 128). in report of Virginia plan, 1. (226), 230, (236), S. 53 in New Jersey plan and Sherman's proposals, 1. 244, (247), 3· 6I6. judges ineligible to office, in New Jersey plan, 1. 244. in Hamilton plan, 1. 292, (JOI), 3· 6I8. state jealousy, 1. J4I, (352). Supreme Court voted in convention, 2. (37), 41. qualifications of judges, instructions to committee of detail, 2. I I7, I2II 25. establishment, as referred to committee of detail, 2. IJ2. in its notes, 2. (I46), I/2, 4· 46, 47, s. I90, I9!. in its report (XI.§ I), 2. I86. and salary of senators, 2. (I42), 4· 43, s. I87. requirement of opinions from Supreme Court committed, 2. 334, (J4I ). prohibition of pluralism, committed, 2. 335, (34I). chief justice and proposed council, 11. 335, (342), 367. special provision for impeachment, 2. (337), 344, 367, 4· 56, s. 2Io. report on establishment amended and voted, 2. (422, 423), 428, (432), 4· 23, 54-56, s. Io2, 244, 245.

GEJ\ERALINDEX as referred to committee of style, 2. 57 5· in its report, 2. 600. phrasing altered, 2. 621. Mason's objections, 2. 63S. in Constitution, 2. 660. in Hamilton's unpresented plan, 3· 619. Morris (1S14) on intentional ambiguity, 3· 420. See also next title; Appointment to office; Attainder; Crime; Habeas corpus; Impeachments; Inferior tribunals; J urisdiction; Jury trial; Oath to support Constitution; Salary; Separation of powers; Term; Treason; Veto. Judiciary of states, original jurisdiction in federal cases, in Pinckney plan, 2. 136, (3. 6oS). discussion, 1. 124, 125, (12S), 2. 45, 46. in New Jersey plan, 1. 243, 317, (326, 333). and impeachment of federal officers, in Hamilton plan, 1. 292, 3· 61S, 626. motion for original jurisdiction in federal cases, 2. 424, 4· 55, S. 245· L. Martin (Nov.) on original jurisdiction, 3· (156), 204, 22o-222, 287. Sherman on, S. 2SS. Spaight (qSS) on distinction of federal and state jurisdiction, 3· 349· See also Interstate comity; Supreme law. Junction of states, voluntary, in Virginia plan, 1. 22. in Pinckney plan, 2. 136, 3· 120, (6oS). Virginia plan voted in committee of the whole, 1. 1 q, (121). suggested, of small states, 1. 1 SS, (1S9), 321, (327), 449, 6o6. in report of plan, 1. (226), 231, (237). and apportionment of representation, 1. (55S), 559, 560, (599), 60J, 6o6, 2. qs, 566. report of plan voted in convention, 2. 39, (46). as referred to committee of detail, 2. 133· with consent of state legislatures, voted, 2. (45S), 465' as referred to committee of style, 2. 578.

401

in its report, 2. 602. amendment rejected, 2. 62S. in Constitution, 2. 662. in Hamilton's unpresented plan, 3· 629. See also Admission. Jurisdiction of federal courts, in Virginia plan, 1. 22, (2S). in Pinckney plan, 2. 136, (159), 3· 117, (6oS). general statement substituted in committee of the whole, 1. (211), 220, (22J), 2]2, (2JS). in report of plan, 1. 231, (237), 237n. in New Jersey plan, 1. 243, 244, (247, 2. 157). in Hamilton plan, 1. 292, (301). effect of appellate, under New Jersey plan, 1. 317, (326, 333). amended general statement voted in convention, 2. (39), 46. as referred to committee of detail, 2. IJ2. in its notes, 2. (146, 147), 157, J72, 4· 47, 4S, 53, s. 190, 191. original and appellate, of Supreme Court, in its report (XI. § 3), 2. I S6. power of Congress to assign to inferior courts, in its report (XI. § 3), 2. I S6. addition as to parties committed, 2. 335, (342). and reported, 2. 367. equity added, 2. (422), 425, 42S. report of committee of detail discussed and amended, special cases added, 2. (423-425), 43o-4J2, (432-434), 437, 4· 54-56, s. 244, 245· law and fact in appellate, 2. (424), 431. provision on jurisdiction of inferior courts dropped, 2. (425), 43 I. Mason papers on, (2. 432), 4· 54, 61, s. 244, 270. proposed, as to western claims, 2. (45S, 459), 466, 3· 627, as referred to committee of style, 3· 576. in its report, 3· 600, 601. in Constitution, 3· 660, 661. in Hamilton's unpresented plan, 3· 626, 627· Caswell's wishes Ouly), 3· 64. Randolph's desire to limit (17S7-SS), 3· 127, JIO.

402

GENERAL INDEX

Jurisdiction of federal courts (continued) L. Martin's objections to extent (I78788), 3· I52, (I56), 204, 220-222, 273, 287. Baldwin (Dec.) on main ideas, 3· I69. L. Martin ( 1787, 1804) on appellate, as to fact, 3· 287, 408. Gerry's objections (q88), 3· 299· Mason ( 17 88) on, as favoring consolidation, 3· 330, 331. Spaight (q88) on distinction of federal and state, 3· 349· common law and federal code, 4· 85, S. 314. limited by eleventh amendment, 4· 96. See also Constitutionality of laws; Impeachments; Judiciary; and for details Admiralty jurisdiction; Ambassadors, jurisdiction; Commerce, jurisdiction; Foreigners; Interstate cases; Law of nations, jurisdiction; Legislation, jurisdiction; Revenue; Treaties, jurisdiction; United States. Jury trial, in Pinckney plan and pamphlet, 3· 122, 609. in notes of committee of detail, 2. (144), rn 4· 45, S. r89. in criminal cases in its report (XI. § 4), 2. I87. Mason notes on substitute, (2. 433), 4· s6, s. 245. report amended and adopted, 2. (434), 438, (444). as referred to committee of style, 2. 576. in civil cases discussed and rejected, 2. 587, 628. in criminal cases in report of committee of style, 2. 6o r. Gerry's and Mason's objection to lack in civil cases, 2. 635, 640. in Constitution, 2. 661. Wilson (Oct., Dec.) on lack in civil cases, 3· IOI, I6J, I64, I67. McHenry's explanation (Nov.), 3· IjO. L. Martin (1787-I804) on insecurity in criminal cases and on right of appeal as to fact, 3· (I57), 22I, 273, 287, 407, 408. C. Pinckney (q88) on clause, 3· 250. Washington (q88) on lack in civil cases, 3· 298.

Randolph (q88) on this, 3· 309. Madison (q88) on clause, 3· 332. Spaight (I788) on clause, 3· 349, 352. criminal cases, in sixth amendment, 4· 95· civil cases, in seventh amendment, 4· 95· Kelby, Robert H., acknowledgments to, 1. viii, xixn. Keller, Charles R., on Madison's copy of Journal, 4· I 2 n. on Washington's emendations, 4· 57· Kent, Moss, letter from Morris, 3· 420. Kentucky, and statehood, 1. I88, (I89), 406, (4!7), 2. 94. 462, 463, 3· 226, 5 I9. Antifederalism, 3· 306. government, 3· 455. King, Charles, letters from R. King, 3· 459, 462. King, Charles R., edition of R. King's notes, 1. xx. King, Edward, acknowledgments to, 1.

viii, xixn. King, Rufus, delegate from Massachusetts,

3· 557· credentials, 3· 584. Pierce on, 3· 87. attendance, 1. I, (3), 3· 588. character of notes, 1. xix. Madison's knowledge of notes, 1. xix n. changes in them, 1. xx. publication, 1. xx. plan of notes in present edition, 1. xx. text of notes, 1. 56, 70, 90, I06, I 27, I42, I58, J7I, I84, 247, 263, 30I, 329, 349> 366, 4I6, 442, 458, 476, 502, 536, 553, 597> 2. I2, 206, 225, 242, 635· motion on aye and nay vote in Convention, 1. IO. on basis and ratio of proportional representation, 1. 36, I97, (207), 54I, 562, 566, 582, 586, 595, 597, 2. 220, 644· on "national" government, 1. 43, (323), 33 I. favors proportional representation in both Houses, opposes compromise, 1. ji, (I92, I96), 204, 359, (365),

GE~ERALINDEX

459, 489, 492, (499, 502, sosso;), 2. 6, II, I2, IS, I9, 3· I88n. on establishing general principles first, 1. s8-6o. on term of executive, 1. 72, 2. 59, 102. on judiciary and veto, 1. 98, (105, I07, I09), I39· favors absolute veto, 1. I o8. on ratification, 1. I23, (I27, I28), 2. 92, 469, 475, 476, s6I, s63. on inferior courts, 1. I 2 5. on election and reeligibility of executive, 1. I63, (I68), 2. 55, IOI, 102, IOS, 5I4, 52I, 522, 527. on terms of congressman, 1. 2 I 5, 2 I 9. on control of money bills, 1. 234, 2. 5I4. moves rejection of New Jersey plan, 1. (322), 327. denies state sovereignty under Confederation, 1. 323, (328), 331. on power of Convention, 1. 332. on payment of representatives, 1. 372. on ineligibility of congressmen to office, 1. 376, (379), 387, (392), 2. 490,

492. on attendance of New Hampshire delegates, 1. 48 1. committees: number of representatives, 1. 538, (542), 558, (562); assumption of debts, 2. 322, (328); slave trade, 2. 366, (375); remaining matters, 2. 473, (48I); style, 2. 547, (553, 554). on new western states and representation, 1. 54I, 2. 3· on original apportionment, 1. 563, (566), 60I n., 2. 623. opposes slave representation, 1. 56 2, s86, 2. no. fears sectional division, 1. s66. favors assumption of state debts, 2. 6, 327, J28. on separation of powers and impeachment of executive, 2. 66, 68. on duty of committee of detail, 2. 70. on per capita vote in Senate, 2. 94· on qualifications of congressmen, 2. I23. on meetings of Congress, 2. I98. on slave trade and impost, 2. 220, 373, 4I6. on export duties, 2. 220, 442.

on regulation of congressional elections, 2. 241. on quorum, 2. 252, 253· on stability of seat of government, 2. 26 I. on war power of Congress, 2. 3 I 9 n. on treason against a state, 2. 347-349. asks meaning of "direct taxation," 2. 350. on taxation before first census, 2. 358. on control of militia, 2. 3 85. on prevention of trade discriminations, 2. 420. on impairing obligation of contracts, 2. 439· on state-impost funds, 2. 442. on control of federal sites, 2. 5 I o. on appointing power and a council, 2. 539· on treaty-making power, 2. 540, 543, 547· on suspension during impeachment, 2.

6!2. on appointment of treasurer, 2. 6 I 4· on power to charter corporations, 2. 6rs, 6r6. on publication of expenditures, 2. 6 I 8. on pardon for treason, 2. 626. on jury trial in civil cases, 2. 628. on custody of Journal of Convention, 2. 648. signs Constitution, 2. 664. letters: to Wadsworth (May) on assembling of Convention, 3· 26; to Knox (May) on same, 4· 63, S. 24; Oune, July) on prospects, 4· 64, 68, S. 47, 163; from Wadsworth Oune) on Sherman, 3· 33; from Dane Oune) on secrecy, 3· 48; Ouly) on necessity of results, 3· 54; from Hamilton (Aug.) on return, 3· 70, 75· in Massachusetts convention: on failure of property qualification, 3· 255; on slave representation, 3· 255; on original apportionment, 3· 26I, 262; on regulation of elections, 3· 267; on perspicuity of powers of Congress, 3· 268; on inspection charge duties, 3· 268; on lack of a council, 3· 269.

GE:\ERALINDEX King, Rufus (continued) letter from C. Pinckney ( 17 89) on election of representatives, 3· 355· Mason (1792) on King and article on amendment, 3· 367. letter to Pickering (I 803) on Louisiana Purchase and slave representation, 3· 399· Genet's edition (I 8oS) of Yates' notes on altitude, 3· 4-II, 4-13,4-15. in Senate: (18I6, 1824-), election of president, 3· 4-22, 4-61; (1818) on Senate's treaty-making power,

3· 4-24-; (I 8 I 9)

on slave representation as a concession and in new states (Missouri debate), 3· 4-28-4-30; C. Pinckney's reply, 3· 4-39-4-4-2. letters to C. King: (I823) on choice of electors, 3· 4-59; (I 824-) on caucus and convention nominations, 3· 4-62. Benton on King's comment on Hamilton plan, 3· 4-66. surviving member of Convention

(I827), 3· 4-75· comment on Pinckney plan, 3· 4-8I,

(4-82). letter to Dane, S. 24-. Klotz, Edith L., acknowledgment to, 4· IX.

Knox, Henry, letters: to Washington (May) on assembling of Convention,

3· 30; to Sullivan, S. I2, I3; from Washington, 3· 70; from King, 4· 63, 64-, 68, S. 24-, 4-7,

I6j. at Philadelphia, 4· 68, S. I6J. Lafayette, Marquis de, letters from Washington, 3· 34-, 69, 270, 297· Land grants, interstate grant cases, trial in Senate, in notes of committee of detail, a. I62, I7I. in its report (IX. § 3), a. I84. report discussed and rejected, 2. (396),

400, 40I, (406). federal court jurisdiction voted, a.

(425), 4-3 I. as referred to committee of style, a.

576.

in its report, 2. 6oo. in Constitution, 11. 661. See also Terri tory. Landed interest, oppression of mercantile interest, 1. I35, I54, 604. and election of senators, 1. I 52. class, (1. 402, 411), 2. I24, 4· 29, S.

"4· See also Agriculture. "Landholder." See Ellsworth, Oliver. Langdon, John, delegate from New Hampshire, 3· 557. credentials, 3· 57 I-573· Pierce on, 3· 87. French character sketch, 3· 232. pays own and Gilman's expenses, 3· 572 n. attendance, 2. 84, (87), 3· 588. on election of executive, 2. I I 5, 402. on qualifications of congressmen, 2. I 25. on location of capital, 2. I 2 7. on payment of congressmen, a. 290. opposes power to emit bills of credit, a. 310· on subduing rebellion in state, 2. 3 I 7. committees: assumption of state debts, 2. 322, (328); slave trade, 2. 366, (37 s); commercial discriminations, 2. 410, (4I8). on standing army, 2. 330, 33 I. on taxation before first census, 2. 3 50. on original apportionment, 2. 358, 623. on export duties, 2. 359, 361. on slave trade and impost, 2. 373, 4-I6. on navigation acts, 2. 374· on control of militia, 2. 386. on veto of state laws, 2. 39I. on assumption of Confederate obligations, 2. 4I3. on admission, 2. 454-456. on restriction of ports of entry, 2. 480. on inspection charge duties, a. 589. on state tonnage duties, 2. 62 5. signs Constitution, 2. 664-. Lansing, John, delegate from New York, 3· 557· credentials, 3· 579-58 I. Pierce on, 3· 90. arrives, 3· 22.

GEKERALINDEX attendance, 1. 76, (79), I27, 536, 2. 22, I90, 588. and Yates' notes, 1. xiv, 536, S. xxv, xxvi, I9, 3I1. own notes, 4· viii, I3, S. I9-I57 passim. framing of New Jersey plan, 1. 242 n., 3· 6I3. contrasts the plans, favors Old Congress, 1. 242, 246, 249, (257, 263, 267, 270, 334), 336, (344, 345, 78, 79, 98, 350), 445, (455), s. 99· on powers of Convention, 1. 336, (345). on veto of state laws, 1. 337, (345, 35 I). on Hamilton plan, 1. 337 n., 35 I. on committee on compromise, 1. 5 I 5, (5 I9). reason for leaving, 3· I90, 247, 269. report to governor, 3. 244. in New York convention: on representation struggle, 3· 335; on ratio of representation, 3. 336; on basis of Senate, 3· 337; on Hamilton and consolidation, 3· 33 8. letter to Yates (1788) on Hamilton controversy, 3· 352. and Hamilton in Convention, 3· 367. Madison (I 82 I-33) on attitude, 3· 44 7, 448, 48I, 530. Large states v. small states, incidental references, 1. II n., 37, SI, 52, 86, 87, I23, Ij2n., ISS, IS9, I67, I68, (qo, 172, 173), I77, 254, 34I-343, (348, 350), 405, 408n., (4I2), 424, 2. III, Il3, 3I4, 464, 3· 25, 39, 243· size and factions, 1. I33, I34, I37· effect of New Jersey plan on small states, 1. 3I9-322, (327). security of small states under national government, 1. 325, 337, 356. condition of small states outside Union, 1. 445, 448, (455, 459), 462, 464, 466, (472, 473). possible combinations of large states, 1. 447, (455, 458), 466, 476, 483, 484, 486, 49I, (494, 496, sao), SIO, 5I4. small states and consolidation, 1. 463, (47I). and plan for presidential electors, 1. 5I4n., 522.

n

Randolph's suggestion (July) for conciliating small states, 3. 55. Washington (July) on conduct of smallstate delegates, 3· 56. Blount (July) on conflict, 4· 7I, S. '75· L. Martin's denial (1788) that differences caused faults of Constitution, 3· 295· Davie (1788) on small states and treatymaking power, 3· 348. Madison (I 836) on post-compromise small-state attitude, 3· 538. Bancroft on this, 4· 88, S. 322. See also Representation; States. La Rochefoucauld, Due de, letter from Franklin, 3· 354· Laurens, Henry, and delegateship, 3· 22, 35> 559· Law and order. See Domestic tranquillity; Domestic violence. Law of nations, jurisdiction in Pinckney plan, 2. I36, 3· I q, 6o8. in New Jersey plan, 2. I 57· power of Congress to punish offenses, in notes of committee of detail, 2. (I43), I68, 4· 44> s. I88. in its report (VII. § 1), 2. I82. report amended and voted, 2. (3I2), 3I5, 3I6, (320). as referred to committee of style, 2. 570. in its report, 2. 595· phrasing altered to include defining offenses, 2. 6I4, 615. in Constitution, 2. 655. Madison (1788) on clause, 2. 332. See also Admiralty; Foreign relations. Laws. See Constitutionality; Execution; Legislation; Supreme law. Learned, Henry B., acknowledgment to, 4· viii. on Pinckney's honorary degree, 4· 78. Learned societies, power of Congress to institute, proposed, 3· (322), 325. Lee, Arthur, letters: from Washington, 3· 22; from Mason, 3· 24. Lee, Francis Lightfoot, letter from brother, 4· 70, S. I69. Lee, Henry [1], and Jackson, 3· 18.

GENERAL INDEX Lee, Henry (I J (continued) favors Constitution, 3· 99· Lee, Henry [2], letters from Madison, 3· 464. Lee, Richard Henry, and delegateship, 3· 22, sss. opposes Constitution, 3· 99· on general welfare clause (Oct.), 3· 490. letter to brother Ouly) on conditions in Convention, 4· 70, S. 169. Lee, Thomas Sim, and delegateship, 3·

ss8. Legal tender, prohibition on states, in Sherman's proposals, 3· 616. in notes of committee of detail, 11. (I44), 4· 45, s. I88. conditional, in its report (XIII), 11. !87. made absolute, ll. (435), 439, (444). as referred to committee of style, 11.

sn in its report, ll. 597· in Constitution, 11. 657. L. Martin's objection (Nov.), 3· 214. Davie (1788) on clause, 3· 350. Madison (I831) on clause, 3· 495· See also Bills of credit; Contracts. Legaux, Peter, S. 179n., 325-337. Legislation, federal, origination of bills in general by either House, in Virginia plan, 1. 21. mutual negative, in Pinckney plan, 11. 158, 3· 6os. origination voted in committee of the whole, 1. (46), 53, (55, 61). in report of Virginia plan, l. (225), 229, (236). report voted in convention, 1. 4I9, (429, 434). as referred to committee of detail, 11. I30; in its notes, ll. 155, 165, 167; in its report (VI.§ 12), 11. 181. postponed, 11. (294), 298, (302). dropped, 11. 545· See also next titles; Appropriations; Constitutionality; Laws; Majority; Money bills; Negative; Powers of Congress; Prohibitions on Congress; Resolutions; Rules; Style of enacting laws; Veto.

Legislation, jurisdiction over cases under federal statutes, in Pinckney plan, 11. 136, 3· I J7, 608. in New Jersey plan, 1. 244· report of Virginia plan amended to confer, on federal judiciary, 11. (39), 46. as referred to committee of detail, 11. IJ2. in its notes, 11. (146), J72, 4· 48, S. 190. in its report (XI. § 3), 11. 186. phrasing amended, 11. (423), 43 I. as referred to committee of style, 11.

576. in its report, 11. 600. in Constitution, 11. 661. Legislation, state. See State legislatures. Legislatures. See Congress; State legislatures. Lenoir, William, on legislative power of President, 3· 342. Letter to Continental Congress. See Address. Letters of marque. See Marque. Le Veillard, Louis G., letters from Franklin, 3· 2 70, 297. Lewis, Morgan, on Hamilton plan, 3· 409. Liberty, security as purpose of Union, in Virginia plan, 1. 20, 30 (33, 39, 40, 41). "secure the blessings of," in preamble of report of committee of style, 11. 590. in Constitution, 11. 651. C. Pinckney on security, 4· 28, S. I IJ. See also Bill of rights. Liberty of the press. See Press. Library Company of Philadelphia, courtesy to Convention, 1. 548, S. I 54, 23 I. Library of Congress, Journal, 4· I I. Madison's and other papers on Convention, 4· I3, 14, 37n. Lighthouses, suggested power to construct, ll. 504. state tonnage duties to construct proposed, 11. 625, (633, 634). Limitations on Congress. See Prohibitions. Lincoln, Benjamin, letter to Washington on Massachusetts convention, 3· 263. Lippincott Company, acknowledgment to, 11. 137 n.

GENERAL INDEX Liquor, prohibition, 4· IOO, 102. interstate trade, 4· 103. Literature, power of Congress to promote, proposed and committed, 2. 322, (325). See also Copyright. Livestock, as export, 2. 360. Livingston, Edward, letter from Madison, 3· 46J. Livingston, Henry W., letters from G. Morris, 3· 40I, 404. Livingston, William, delegate from New Jersey, 3· 557. credentials, 3· s6J. Pierce on, 3· 90. French character sketch, 3· 235· attendance, 1. 115, (119), 445, 3· 588. New Jersey plan, 3· 354· committees: assumption of state debts, 2. 322, (328); slave trade, 2. 366, (37 s); frugality, 2. 607. presents reports, 2. 352, (355), 396, (400). signs Constitution, 2. 664. Madison (1831) on, in Convention, 3· 496, [4· 7l· Locke, John, cited, 1. 437, 438, (440, 442). Long, Pierce, and delegateship, 3· 22. Louis IX of France, references, 2. 69, 3· 25 I. Louis XVI of France, gift to Franklin, 3· 327. Louisiana Purchase, King on, and slave representation, 3· 399, 400. G. Morris on annexation and states, 3· 40I, 404. Lowell, A. Lawrence, acknowledgment to, 1. ix. Lowrie, Walter, in Senate (I82o) on slave-trade provision, 3· 438. Lumber, as export, 2. 360, 4· 25, S. !OJ. Lycian Confederacy, 1. 485, (497, 504). Macaulay Graham, Catharine, letter from Washington, 3· I37· McClurg, James, delegate from Virginia,

3· 558. credentials, 3· 559-563. Pierce on, 3· 95·

arrives, 3· 20. attendance, 1. I, (3, 5), 3· 589. votes for single executive, 1. 97. favors veto of state laws, 1. I 68. on term of executive, 2. 33, 36. on guarantee to states, 2. 48. on powers of executive, 2. 69. letters (Aug.): on not returning, 3· 67; on veto of state laws, 3· 73· McCreary, George W., acknowledgment to, 3· I72 n. McCulloch v. Maryland, Madison on, 3· 435· McHenry, James, delegate from Maryland, 3· 558. credentials, 3· s86. Pierce on, 3· 93. attendance, 1. 7, (10), 75, 175, 3· 589. character of notes, 1. xx. text of notes, 1. I4, 40, 6o, 75, 2. I 75-6 50 passim. conferences of Maryland delegates, 2. I90, 209, 2IO. desires united action of delegation, 2. I90. considers amendment of Confederation sufficient, 2. 1 9 1. on commercial regulations, 2. I 9 I , 2IO, 211, 2I2, 362, 4I8, (420), 48I, 504, 529, 625, 6JJ, 6J4. on control of money bills, 2. I9I, 2IO, 280. Mercer's list of delegates favoring monarchy, 2. I92, 3· 306, 320-324. on qualifications of electors of representatives, 2. 210. on ratification, 2. 2 I I, 4 76. on residence of representatives, 2. 226. committee on assumption of state debts, 2. 322, (328). favors use of requisitions, 2. 359· on bills of attainder and ex post facto laws, 2. 375· on governors and appointive power, 2. 420. on salary of judges, 2. 429. on special sessions of Senate, 2. 55 3. on vote to overrule veto, 2. 587. on Mason's proposals, 4· 56 n., S. 251 n.

408

GENERAL INDEX

McHenry, James (continued) reasons for signing Constitution,

2.

649· signs it, 2. 664. anecdotes on Convention, 3· 8 5. address (Nov.) before Maryland House, 1. xxvn., 3· 144-150, 4· 79, S. 285. on Randolph's presentation of Virginia plan, 3· 145. on membership and organization of Congress, 3· 146-I48. on powers of Congress, 3· I49· on prohibitions on Congress and states, 3· I49, 150. on executive, 3· I 50. on judiciary, 3· I 50. McKean, Thomas, pluralist, 1. 320n. McLaughlin, Andrew C., acknowledgment to, 1. ix. McNeir, William, acknowledgment to, 1. Vlll.

Madison, James, delegate from Virginia,

3· sss. credentials, 3· 559-562. Pierce on, 3· 94· French character sketch, 3. 2 3 7. lodgings, 3· 58. attendance, 1. I, (J, 5), 3· 589. on proportional representation in both Houses, opposes compromise, 1. (JI), 35, (36), 37, 206, (208), J2I, (407), 4I5, 446, (455), 457. (458, 459), 463, (47I), 475, (477-479), 485, 490, (496, 504, so5), SIS, (519), 527, (535. 537), 543, 55I, 554. (555), s6z, 2. s, 8. on "national" government or mere amendment, 1. 44, 134, (I4I, I46, I47), 219, 241, 246, 3I4, (325, 329, 333), 356, (363, 367), 499· on election of congressmen, 1. 49, 52, (s6, 57, 59), 134, (143, I46), 151, 154, rs8, 364, (36?), 416. on enumeration of powers of Congress, 1. 53, (6o). on coercion of states, 1. 54· on preliminary establishment of general principles, 1. 6o. on powers of executive, 1. (63), 66, 67, (70, 72).

on single executive and council, 1. ;o, 74, 97, II. 542 .. on term of executive, 1. 71, 74, 2. 34, 35· on removal and impeachment of executive, 1. 86, (92), 2. 65, sso, 551, 6I 2. on justices and veto, 1. 94, (104), I08, I 10, (IJI), I38, (I44), 2. 73, 74, 298, (4. 8I). on provisional veto, 1. 99, (106, I07, 109), 2. JOI, [4. 5], 2. 586, 587, 6o8. on appointment of justices, 1. I 20, (I26, !28), 2J2, (238), 2. 42, 44, 8o, 82. on ratification, 1. I22, (126), 2. 92, (96), 469, 475· 476. on need of inferior courts, 1. I 24, I 25, (I 28). on veto of state laws, 1. (I62), I64, I68, 169, (170), J7I, 3I8, 319, 2. 27' 390, 440, 589. on guarantee to states, 1. (202), 206, JI8, 2. 47-49· on term of representatives, 1. 2 I4, (220), ]6I, [4· 4]. on public opinion and action of Convention, 1. 215, (220). on payment of congressmen, 1. 2 I 5, 37J, (378), 427, (434), 2. 291. on term of senators and purpose of Senate, 1. 218, (222), 421, (430). on New Jersey plan, S. 95. on federal jurisdiction, 1. 223, (232), 2. 46, 430, 43!. on control of money bills, 1. 2 3 3, 52 7, (535), 2. 224, 2JJ, 276, 280. on powers of Convention, 1. 3 I4, (325)on compact, 1. JI4, (326), 2. 93· on violations of Confederation, 1. 3 I 5JI7, (326). on interstate comiry, 1. JJ7, (327), 2. 448, 489. on ineligibiliry of congressman to office, 1. }80, (38]), 386, ]88, (391-393), 429, 434· on leaving matters for future amendment, 1. 475, (478). fears sectional (slavery) division, 1. 476, 486, 2. 10, 8!.

n

GENERAL INDEX committees: apportionment of representatives, 1. 588, (562); slave trade, 2. 366, (37 5); remaining matters, 2. 473, (481); style, lt. 547, (553, 554). on apportionment, original, basis, ratio, 1. 568, 585, 6o1, z. 221, 553· on equality of new states, 1. 5 84, lt. 454· period of census, 1. 58 8. separation of powers, 2. 34· salary of judges, lt. 45, 429, 430. continuance of Confederation, 2. 47· election of executive, lt. 56, 63, 109, 114, 121,403,427,500,513515, j26, 527, 535, 536, s. 30!. on qualifications of congressmen, lt. I22, I23, 217, 235, (243), 249, 250, 268, 270. on mutual negative of Houses of Congress, lt. I97, (206). on meeting of Congress, lt. I97-199, (206). on qualifications of electors of representatives, lt. 203, 204n., (208, 2IO). on filling Senate vacancies, lt. 2 3 2. on regulation of congressional elections, lt. 239, 240. on compelling attendance in Congress, lt. 253· on expulsion of congressmen, lt. 2 54· on journals, lt. (257), 259. on location and stability of capital, lt. 261, [4. 5]. on new Constitution and state pledges (naturalization), 2. 270. on export duties, 2. 306, 36I, 363. on bills of credit, 2. 309, 310n. on definition and punishment of crimes, lt. 3I5, 3I6. on power to subdue rebellion in state, 2. on on on on on

3 I 8. on war power, 2. 3 I 8. proposes additional powers as to public lands, territorial government, Indians, federal district and sites, incorporations, copyright, university, encouraging knowledge, 2. 3 24, [4· 52], ll. 325, 615, 6I6, (620). on control of militia, lt. 332, 385, 386, 388. on wording of implied powers, 2. 345.

on definition of treason, 2. 345-347, 349· on taxation before first census, 2. 3 58. on assumption of Confederate obligations, 2. 377· on treaty-making power, lt. 392, 394, (395), 540, 548, 549, 4· 58, s. 262. on appointive power, lt. 40 5, 62 7. on slave trade, lt. 4I 5, 417. on treaties as supreme law, 2. 417· on oath of executive, lt. 42 7. on presidential succession, lt. 42 7, 53 5. on obligation of contracts, lt. 440. on state embargo, lt. 440. on state imposts and protection of manufactures, lt. 441. on revenue from state duties, 2. 442. on vote for commercial laws, 2. 451. on western claims, lt. 46 5. on restriction of ports of entry, 2. 480. on judging privileges of congressmen, 2. 503. on amendment, lt. 558, 559, 629, 630. on state inspection-charge duties, 2. 588, 589. on Senate rotation by lot, 2. 612. on suspension during impeachment, 2. 612. on standing army, 2. 6 17. on publication of expenditures, lt. 6 I 8. on exclusive control over commerce, lt. 625. on pardon for treason, 2. 627. signs Constitution, 2. 664. letters: to Jefferson (May) on assembling, 3· 20; from Grayson (May) on attitude of eastern delegates, 3· 26, 30; to Pendleton, father, and Jefferson (May, June) on organization, 3· 27, 34; to Short 0 une) on character and importance, 3· 36; to Jefferson and father Guly, Aug.) on progress and notes, 3· 6o, 65, 69; from McClurg (Aug.) on not returning, and on veto of state laws, 3· 67, 73; to father (Sept.) on probable adjournment, 3· 76; to Jefferson (Sept.) on outline, probable reception, and efficiency, 3· 77; from Jones (Sept.) on rumored discord,

3· So;

410

GE!\ERALINDEX

Madison, James (continued) to Pendleton (Sept.) on framing plan, 3· 98; from Carrington (Sept.) on return to Congress, 3· 98; with Washington (1788) on Pinckney's pamphlet, 3· 123, 131; to Washington (1788) on Mason's objections, 3· 129; and on Antifederalist tricks, 3· 168; to Jefferson and Short (1788), observations on Constitution, veto of state laws, 3· 131, 136; to Pendleton ( 17 88) on regulation of commerce, 3· 136. in Federalist: on liberty and energetic government, 3· 243; on divergent interests on Convention, 3· 243, 244: on Constitution as achievement, 3. 244; on ratification, 3. 2 57; on powers and action of Convention, 3· 257-259: on election of senators, 3· 270. letters: from Nicholas (1788) on Mason's antagonism, 3· 296; to Randolph (1788) on assumption and religious tests, 3· 297; from Carroll (1788) on Antifederalist stories, 3· 305; from Williamson (1788) on Mississippi navigation, 3· 306. in Virginia convention: on publicity of proceedings and accounts, 3· 311, 326, 327; on regulation of elections, 3· 3 I 1, 3 I9; on adjournment of separate Houses, 3· 312; on congressional salaries and ineligibility to office, 3· 313-317; on control of revenue bills, 3· 3 I7; on militia, 3· 318; on slave trade, taxation, fugitives, 3· 324-326; on assumption, 3· 327; on state export duties, 3· 328; on election of President, 3· 329, 331; Mason's insinuations on consolidation, 3· 330; on phraseology, 3. 33 I ; on salary of judges, 3· 332; on jury trial, 3· 332;

on mutual concessions, 3· 335; on regulation of commerce, 3· 335. letters: to Mazzei (1788) on supporting Constitution, 3· 353; to Turberville (1788) on second convention, 3· 354; from C. Pinckney (1789) on election of representatives, 3· 355· in House: (1789) on impost on slaves,

3· 355: on origin of money bills, 3· 356; on power of removal, 3· 356, 357: on bill of rights, 3· 357; (1790) on assumption of state debts, 3· 361, 366; (1791) on bank charters, 3· 362; (I792) on strict construction, 3· 366; (1796) on proceedings of Convention and interpretation (House and Jay treaty), 3· 371 n., 372-375. letters: to Randolph (1789) on Virginia plan speech, 3· 358; from Coxe (1790) on slave-trade memorial, 3· 36 I; to Jefferson (1799), Ritchie and Jackson (I82I), Smith (I827), Robertson (I 83 1) on publication of notes, 3. 38I, 447, 448, 475, 497: toN. Webster (1809) and Grimke (1834) on origin of Virginia plan, 3· 409, 532. Federalists (I 803) on his views in Convention, 3· 396, 398, 399· Ellsworth on, as real framer, 3· 397. Genet's edition ( 1808) of Yates' notes on same, 3· 4Io-416. and report of Hamilton's speech and plan, 3· 4I6-418, 426, 434, 480, 500, 533, 534· aid in publication of Journal, correspondence with Adams (I817-20), 1. xii, 3· 423, 426, 43I, 434. 435, 445· letters: to Monroe (I 8 17) on judiciary and veto, 3· 424; to Roane (I8I9), Lee (I824), Hurlbut (I830) on broad (Marshall's) construction, 3· 435, 464, 482; to Walsh and Monroe (18I 498. Madison (I834) on reporting Morris' speech, 3· 534· Morris, Lewis R., letter from G. Morris, 3· 404. Morris, Robert, delegate from Pennsylvania, 3· 557· credentials, 3· 565. Pierce on, 3· 91. French character sketch, 3· 236. attendance, 1. I (3, 5), 3· 589. nominates Washington, 1. (2), 3, 4,

(5l· conducts him to chair,

1.

(2), J, [4.

3l· on vote by states in Convention,

1.

I In.

on life term for senators, 1. 409. of foreign birth, 2. 269. and French tobacco tax, 2. 306. signs Constitution, 2. 664. letter to sons Oune) on Convention, 3· 49, 4· 66. Washington his guest, 3· 49· letter (1788) on Constitution, 3· 242. and French junto, 3· 305. desires power to charter bank, 3· 375· Morris, Thomas, S. 325-337. Mosloy, Louis Guillaume Otto, comte de. See Otto. Mugridge, Donald H., acknowledgment to, 4· viii. on doubtful speech, 4· 20 n. Myers, Albert C., acknowledgment to, 3·

554n. Nation, cited, 4· 56 n. "National," use of term in Virginia plan, 1. 20, (30), 33-35' (39-44, 225),

42!

228, (235), 322-325, (328-330), 3JI, 332. "national" government voted in committee of the whole, 1. (30), 35, (39, 40). "United States" substituted in convention, 1. (334), 335, 336, (344), 395, (404). Madison (I 826-33) on use of term, 3· 473-475, 517, 529. Nativity as qualification of executive, reported, 2. (494), 498. voted, 2. (532), 536. as referred to committee of style, 2. 574· in its rfport, 2. 598. in Constitution, 2. 659. Jay Ouly) suggests, to Washington, 3·

6!. Naturalization, power of Congress, in Pinckney plan, 3· 120, 609. uniform, in New Jersey plan, 1. 245, (247> 2. I58). power, in notes of committee of detail, 2. (I44), I67, 4· 45, s. I88. in its report (VII. § I), 2. I82. power voted, 2. 304. as referred to committee of style, 2. 569. in its report, 2. 595· in Constitution, 2. 655. Sherman (1790) on power, 3· 359· Madison (I8J6) on lack of uniformity under Confederation, 3· 548. See also Citizenship; Residence. Naval stores, 4· 25, S. 103. Navigation, right in treaties, 4· 58, S. 262. See also next title; Captures; Ports; Lighthouses; Tonnage. Navigation acts, restriction on, in notes of committee of detail, 2. (I4J), I69, 4· 44, s. I87. two-thirds vote for, in its report (VII. § 6), 2. I8J. Maryland delegates on inadequacy of restriction, 2. I9I, 2I 1. discussed, recommitted, 2. (366), 374, 37 5. restriction cut out by committee, 2. (396), 400. excision discussed and voted, 2. (409), 417' (446), 449-453·

422

GENERAL INDEX

Navigation acts (continued) excision as compromise with slave trade, 2. 449n. Randolph on lack of restriction, 2. 563. attempt to restore it defeated, 2. 631, (634). C. Pinckney's objections, 2. 632. Mason's objections, 2. 639, 4· 57, 61, s. 2jl, 270. Washington (Oct.) on Mason's objections, 3· 128. Ellsworth (Dec.) on rejection of restriction, 3· 164. Mason's opposition omitted from northern edition of his objections, 3· I6jn., 168. L. Martin (Nov.) on compromise, 3· 210. Butler (1788) on attitude of South, 3· 303. Hamilton (q88) on problem, 3· 333· Mason (1792) on compromise, 3· 367. See also Commerce; Ports. Navy, control and command, in Pinckney plan, 2. IJj, Ij8, 3· III, (606, 607). in notes of committee of detail, 2. (143, 145), 168, !69, 172, 4· 44, 46, s. I 88, I 89. power of Congress to build and equip, in its report (VIII.§ 1), 2. 182. conditional prohibition on states, in its report (XIII), 2. 1 87. congressmen and office in, 2. 286, 289, 290, 4· 57. s. 2j2. power of Congress, amended and voted, 2. (323), 330, (33J). power of Congress to regulate, voted, 2. (3 23), 330, (333). prohibition on states, voted, 2. (437), 443· provisions as referred to committee of style, 2. 570, 577· in its report, 2. 595, 597· in Constitution, 2. 656, 657. in Hamilton's unpresented plan, 3· 620, 624. Morris (I 8 I 5) on hopes of Convention concerning, 3· 421. See also Commander in chief. Navy, department of. See Marine.

Necessary and proper laws. See Implied powers. Necker, Jacques, references, 1. 288, (308), J21. Negative, mutual, of Houses of Congress, in Pinckney plan, 2. 158, (3. 605). in notes of committee of detail, 2. 151, 152, 163. in its report (III), 2. 177. discussed and dropped, 2. (193), 196, 197. (206). Negative on state laws. See Veto on state laws. Negro suffrage, 4· 98, 99· Negroes, C. Pinckney (1821) on citizenship, 3· 445. See also Slavery. Neilson, John, and delegateship, 3· 22, 557. 563. Nelson, Thomas, and delegateship, 3·

sss. Netherlands, executive, 1. 89, (90, 92, I02n.), 103, 2. 67, 541. effects of republicanism, 1. 1 12. federation, 1. 254, (261, 266, 272), JJ7, 319, (327, 330), 343. (348, 350), 449, 454, (456-458), 469, (475), 476, (478), 553. 2. 9, 3· I Ij, 184. power of senates, 2. 31, 202. slavery, 2. 371. treaty with, violated, 3· 548. New England, radical popular opinions, I. I 2J. annual elections, 1. 214. and original apportionment, I. 566, 573· and slave representation, 1. 581, 604. and public debt, 2. 91. meeting of legislatures, 2. 198. effect of lack of slavery, 2. 2 2 1. militia, 2. 332. Revolution and commercial interests, 2. 449, 3· 303, 343· proposed sectional council, 2. (533), 537. 539. 541, 542, (54J), 639· supposed attitude of delegates, 3· 23, 26. industry, 4· 25, S. IOJ. See also Fisheries; Navigation acts; North; States; states by name.

GENERAL INDEX Newenham, Sir Edward, letter from Washington, 3· 339· New Hampshire, delegates appointed, 3· 22, 557. their delay, 3· 28, 31, 35, 51, 53, 572n., S. 12, 13. motion to request attendance defeated, 1. 480, 48 I, (494). delegates attend, 2. 84, (87). credentials, 3· 571-573· original number of representatives, 1. 557, (559), 563, (566), 572-574, 587, 601, 2. (12), 13, 358. proposed apportionment of senators, 2. I (5, I 2). government, 2. 57, 402. proposed number of electors, 2. 58, (6o), 63, 64. commercial relations, 2. 306, 481. failure to pay requisitions, 3· 30, 261. ratification, 3· 82, [4. 6]. See also Gilman, Nicholas; Langdon, John; New England; North; States. New Jersey, delegates appointed, 3· 557. arrive, 3· 20, 22, 27. attend, 1. I, (3, 5), 55, 115, (119), 353. (354). credentials, 3· 563-565. supposed attitude toward strong government, 3· 30. Madison (1831) on delegates, 3· 496. government, 1. 177, 462. commercial relations, 1. 197, (207), 286, 462, (470, 479), 2. 306, 307, 360, 362, 449· 452, 481, 3· 328, 542, 548. and ratification of Confederation, 1. 25 I. refusal to pay requisitions, 1. 3 15, 3 16, (326, 330), 437. 3· 547· other violations of Confederation, 1. 316, (326), 3· 548. position in case of disunion, 1. 327, 528, 530, (537). in Revolution, 1. 441. original number of representatives, 1. 557, (559), 563, (566), 572-574, 2. (I 2), 13. proposed apportionment of senators, 2. I. (5, I 2). proposed number of electors, 2. 58, (6o), 63.

slavery, 2. 221. delegates and election of executive, 2. (398), 404. at Annapolis Convention, 3· 545. products, 4· 25, S. 103. See also next title; Brearley, David; Dayton, Jonathan; Houston, William Churchill; Livingston, William; Middle states; North; Paterson, William; States. New Jersey plan, foreshadowed in Paterson's speech, 1. 177-179· announced, 1. 240. origin, 1. 242n., 3· 613. submitted and referred to committee of the whole, 1. (241), 242, 246, S. 75· text, variations, 1. 242-245, (247), (2. 157), 3· 613-615. preliminary sketches, 3· 611-613. Sherman's proposals, 3. 615. discussed in committee of the whole, 1. 249-333, [4. 4L s. 78, 79· substitute for first resolution rejected, 1. 28 I, (282), 3 I 2, (3 13). plan rejected, 1. 312, 313, (322, 327), s. 95. 96. discussion of principle in convention, 1. 336-344. (344-352). referred to committee of detail, 2. 98, (106, 128). L. Martin (Nov.) on preparation and rejection, 3· (152), 174, q8, 179· New York, delegates arrive, 3· 21. attend, 1. I, (3, 5), 76, 79, 3· 557· credentials, 1. 283, 3· 579-581. delegates move postponement of representation in Senate, 3· 444, (500). delegates leave, 3· 465 n., 536, 2. 562, 3· 69, 190, 247· government, 1. 27, 52, 68, 299, 366, 466, 473, 2. 29, 30, 139, 2J7, 291, 585, 586. in Confederation, 1. 295, 330, 462, 2. 7, 92, 3· J4, 30, 548. original number of representatives, 1. 557, (559), 563, (566), 572-574, 587, 2. (12), 13. proposed apportionment of senators, 2. I, (5, I 2). proposed number of electors, 2. 58, (6o), 63.

n

GENERAL INDEX New York (continued) commercial relations, 2. 90, 362, 449, 481, 3· 519, 548. effect of slavery, 2. 2 2 1 . expected opposition to ratification, 2. 329, 562. report of Yates and Lansing to governor, 3· 244. extracts from ratification convention debates, 3· 332, 335-339· products, 4· 25, S. 103. See also Hamilton, Alexander; Lansing, John; Middle states; North; States; Yates, Robert. New York City, and seat of federal government, 2. 127, 261. elections, 2. 216. New York Daily Advertiser, rumor on Convention proceedings, 2. 333 n. New York Historical Society, acknowledgments to, 1. viii, 4· ix. Nicholas, George, letter to Madison (1788) on Mason's attitude, 3· 296. in Virginia convention, on judiciary, 3· 33 I. Nicholson, James, charges against Hamilton, 3· 369. Nightingale, Joseph, letter to Convention,

3· 1 9· Nineteenth amendment, text, 4· 101. Ninth amendment, text, 4· 95. Nobility, prohibition in notes of committee of detail, 2. 169. federal prohibition in its report (VIII. §]), 2. 183. state prohibition in its report (XII), 2. I 87. prohibitions voted, 2. (381), 389, (394, 435), 442. as referred to committee of style, 2. 572, in its report, 2. 596, 597· in Constitution, 2. 6 57. in Hamilton's unpresented plan, 3· 628. McHenry's explanation (Nov.), 3· 150. Randolph on, 3· 327. origin and position of British, 4· 33, S. 114. not possible in United States, 4· 34-36, s. 115, 116. See also Aristocracy; Foreign titles. Norfolk, as port, 2. 417, (420).

sn

Norris, Mary, letter (July) on Dickinson's attendance, 4· 67, S. 145. North, sectional interests and division, 1. 42I, 476, 486, (5IO), 516, lli. 9, 10, 8 I, IOO, 362, 3· 42. and original apportionment, 1. s66570. See also Middle states; New England; States; states by name. North Carolina, delegates appointed, 3· 22, 559· arrive, 3· 20, 26. attend, 1. I, (J, 5), 334, (335), S. 17 5· credentials, 3· 567-57 I. allowance, 3· q, 46, 52. commercial relations, 1. 286, 510, 2. 306, 360, 449, 3· 542. as "large" state, 1. 49I, (500), 3· 200. original number of representatives, 1. 557, (559), s63, (s66), 572-574, 60I n., 2. (12), 13, 623, 624. and slave representation, 1. 593. western claim and growth, 1. 604, 2. 462, 463. proposed apportionment of senators, 2. 2, (5, 12). proposed number of electors, 2. 58, (6o), 63. government, 2. 287, 376. slave trade, 2. 370, 373, 415. call of governor (March) for trade statistics, 3· 14. delegates (Aug.) on need of representation in Old Congress, 3· 68, 72. report of delegates (Sept.) to governor, 3· 83. extracts from debates in ratification convention, 3. 34o-3 52. products, 4· 2 5, S. I 03. See also Blount, William; Davie, William Richardson; Martin, Alexander; South; Spaight, Richard Dobbs; States; Williamson, Hugh. Northwest Ordinance. See Ordinance of !787. Nova Scotia, West Indies trade, 2. 360. Nullification, Madison on, 3· 537· Number of executive, single, in Pinckney plan, 2. 135, I 58, 3· I 10, (6o6). discussed in committee of the whole, single voted, 1. (63), 65, 66, (70,

GENERAL INDEX 71, 79), 88, 89, (90, 92, 93), 96, 97, (105, 106, 109), I 1o-1 14, 4· 1. 17-20, s. Franklin on multiple, 1. 85. in report of Virginia plan, 1. (226), 230, (236). multiple, in New Jersey plan, 1. 244, (247). Wilson on single, 1. 254, (261, 266, 272)· single, in Hamilton plan, 1. 292. single voted in convention, a. (22), 29. Williamson on multiple, a. 100. as referred to committee of detail, a. (116, 121, 132), 134· in its notes, a. (145), 171, 4· 46, S. I 89. single, in its report (X. § 1), a. 185. report voted, a. (3 96), 40 I. as referred to committee of style, a. 572. in its report, a. 597· in Constitution, a. 657. in Hamilton's unpresented plan, 3· 619. Davie (1788) on single, 3· 347· See also Council; Executive. Number of representatives. See Apportionment. Number of senators, discussed in committee of the whole, 1. 51, 52, 15o155, (158), 163, (169), proposed apportionment, :1. (1), 5, 11, (I 2). three for each state rejected, two voted, z. (Ss), 94, 95· as referred to committee of detail, a.

so-s

133· in its notes, a. (141), 154, 165, 4· 41, s. 186. two, in its report (V. § 1), a. 179· report voted, 11. (228), 233, (243). as referred to committee of style, a. 566. in its report, 11. 591. in Constitution, 11. 652. in Hamilton's unpresented plan, 11. 621. C. Pinckney on (1789), a. 355· See also Senate. Oath of senators in impeachment trials, requirement voted, :1. (547), 552.

affirmation as alternative added, a.

610n. See also next titles. Oath or affirmation of executive, in notes of committee of detail, a. (146), 172, 4· 47, S. 190. in its report (X.§ 2), a. 185. report amended and voted, a. (422), 427, (432). as referred to committee of style, a. 57 5· in its report, 11. 599· amended further, 11. 621, 633 n. in Constitution, a. 659. See also next titles. Oath to support the Constitution, by state legislators and officials, in Virginia plan, 1. 22, (28). postponed in committee of the whole, 1. (1 J7), 122. discussed and voted in committee, 1. (194), 203, (207). in report of Virginia plan, 1. (227), 23 I> (237). discussed in convention, federal addition, 11. (84), 87, 88. as referred to committee of detail, 11. 133· in its notes, a. (146, 148), 151, 160, 174> 4· 47> 49, s. 190, 191. in its report (XX), a. I 88. prohibition of religious test committed, a. (335), 342. affirmation added and oath voted, ll. (461), 468. prohibition of religious test voted, a. (461), 468. as referred to committee of style, a. 579· in its report, a. 603. in Constitution, a. 663. in Hamilton's unpresented plan, 3· 630. L. Martin on (Nov.), 3· 227, 293. Madison (1788) on interpretation of prohibition, 3· 297. Randolph (1788) on prohibition, 3· 310. See also preceding titles. Obligation of contracts. See Contracts. O'Brien, Michael M., letter from Carroll, 4· 62, S. 21.

GENERAL INDEX Office, suspension of officers, in Pinckney plan, ll. I 58, (3. 606). prohibition of pluralism, in New Jersey plan, 1. 244· proposal on pluralism committed, ll. 335, (341). sole right of Congress to establish rejected, ll. (337), 345, (547), 553· disqualification for rebellion, 4· 98. See also next titles; Appointment; Commissions; Elections; Foreign titles; Impeachment; Oath; Removal. Office, ineligibility of congressmen, original instructions to Massachusetts delegates, ll. 285. in Virginia plan, 1. 20, 21. during service and one year after, voted in committee of the whole, 1. (2 10, 211), 217, 219, (221, 222). in report of Virginia plan, 1. 228, 229, (235). for representatives discussed in convention, federal offices and during term, 1. (370), 375-377> (379-384), ]86390, [4. 4], 1. (391-394). for senators, federal offices, term and one year, 1. (419), 428, 429, (434, 435), 513, (518). as referred to committee of detail, ll. 129, 130. in its notes, ll. (140, 141), I 55, I66, 4· 41, 42, S. I85, 186. in its report (VI. § 9), 2. I So. report discussed and postponed, ll. (282), 283-290, (29]). congressmen and military office, ll. 286, 289, 290, 4· 57, s. 222. mutual ineligibility of congressmen and federal officers, reported, ll. (483), 484. discussed, limited, and voted, lil. (486, 487), 489-492, 4· 54, 57· as referred to committee of style, ll. 568. in its report, ll. 593· phraseology questioned, ll. 6 I 3. in Constitution, ll. 654. in Hamilton's unpresented plan, 3· 620, 629. McHenry on (Nov.), lil. I48. L. Martin (Nov.) on inefficiency, ll. (I55), 200, 201.

Henry and :\ladison on (q88), 2. JI3-JI7. Sherman on (1788), lil. 354· See also next titles. Officers of Congress, right of separate Houses to choose, in Pinckney plan, 2. I58, (3. 6os). in notes of committee of detail, ll. I 54, I 55, 165. in its report (IV. §6, V. § 4), ll. 179· report voted, ll. (227, 229), 23I, 239, (243, 244). as referred to committee of style, lli.

s66, s67. in its report, ll. 59I, 592. in Constitution, ll. 652, 653. See also Vice President. Olney, Jeremiah, Jetter to Convention, 3· I9, [4. 6]. Omnibus committee. See Committee on unfinished matters. Orders of Congress. See Resolutions. Ordinance of 17 84, and new states, 1. 541. Ordinance of 17 87, and new states, ll. I48, and obligation of contracts, a. 439, s. 321. Organization of Congress. See Sessions; cross references under House, Senate. Organization of Convention, assembling of delegates, 1. xi, I, 3, 3. 20-26, 4· 62, S. 21. first meeting, 1. I, (3, 5), 4· 62, 63, S. 2 I, 24, 46. election of officers, 1. 2-4, [4. J], 1. (5, 6, 14). rules, 1. 7-10, (ID-J4), Ij, I6, (q, 23). hours of meeting and adjournment, 1. 2n., ll. 322, (328), 368, 375, (399), 406, 6os, 3· 69, 75, 8I, IJ8. adjournment over Fourth of July, 1. (509), 5 !6, (520). adjournment sine die discussed after adoption of compromise, ll. I8, I9. adjournment during meetings of committees, ll. (II8), 128, 3· 276. adjournment over day refused, lil. (176), I 89. adjournment sine die, 3· 649, (650). letters on organizing, 3· 27-31. See also Convention.

GENERAL UWEX Organization of new government. See Introduction. Origination of acts. See Legislation; Money bills. Osnaburgh, Bishop of, rumor of offer of crown, 2. 333 n., 3· 73, 74, 80. Otto, Louis Guillaume, letters to Montmarin: (April) on call of Convention, 3· I5; Uune, July) on plan, schemes, probable results, 3· 39, 61. Paca, William, Antifederalist, 3· 339· Paper money, craze, 1. I34, I37, (I42, 143), I46, I54, ISS, I65, 288, 289, 2. 52, 76, 252, 299· state, and interstate comity, 1. 317, (327), 2. 26. Gerry and assumption of Continental, 2. 326, 328, 377, 4I3, 3· qo-I72, I80, 239, 259, 27I, 272, 274, 278282, 298-300. Rhode Island, 3· 48. controversy in Maryland, 3· 339· See also Assumption; Bills of credit; Legal tender. Pardons and reprieves, power of executive, in Hamilton plan, 1. 292, (300). in notes of committee of detail, 2. (I46), J7I, 4· 47, S. 190. in its report (X. § 2), 2. I85. report amended and voted, impeachment cases excluded, other changes rejected, 2. (4I I), 4I9, 420, (422), 426. exemption of treason discussed and rejected, 2. 564, 626, 627, (636), 639, 4· 6o, S. 290. as referred to committee of style, 2. 575, 580. in its report, 2. 599· in Constitution, 2. 659. Randolph (Oct.) on treason cases, 3· I27. L. Martin (Nov.) on same, 3· (I 58), 2 I8. Parliament. See Great Britain. Partition of states, in Pinckney plan, 2. I36, 3· I20, (6o8). equal division of states suggested, 1. I77, q8, I8o, (I82-I84, r86, I9I), I99, 251, 275> 321, (327), 446.

equal division in notes of New Jersey plan, 3· 613. expected partition of large states, 1. 449, (459), 540, 2. 94· and apportionment of representation, 1. (558), 559, 560, (599), 603, 6o6, 2. q8, 566. division of state with its consent, in notes of committee of detail, 2. (147), I7J, 4· 48, s. 191. in its report (XVII), 2. I88. report discussed, amended, and voted, 2. (446), 455, 456, (457, 458), 461-464. as referred to committee of style, 2, 578. in its report, 2. 602. in Constitution, 2. 662. in Hamilton's unpresented plan, 3· 629. Otto Uuly) on plan of equal division, 3· 62. L. Martin (Nov.) on no division without consent, 3· 223-22 7. Patents, power of Congress to grant, in Pinckney plan, 3· 122, (609). proposed and committed, 2. (321, 322), 325. reported and voted, 2. (505, 506), 509, 5IO. as referred to committee of style, 2. 570. in its report, 2. 59 5. in Constitution, 2. 655, S. 298. Paterson, William, delegate from New Jersey, 3· 557· credentials, 3· 563. Pierce on, 3· 90. attendance, 1. I, (3, 5), 3· 589, 4· 72, s. I95, I96. character of notes, depository, 1. xxi, 4·

IJ. text of notes, 1. 27, I85, 207, 270, 443, 459, 479, 503, 537, 555. 562, 572, 2. 96. on proportional representation, supports compromise, 1. 27, I2I, 175-177, r8o, (I8I, r82, I84), I85, 505, 532, 5SI, (554), 56I, 2. r8. announces New Jersey plan, 1. 240. papers associated with plan, 3· 6 I I 6r3. submits plan, 1. (241), 242, (246).

GE~ERALINDEX

Paterson, William (continued) speech in support of it, 1. 250, (258, 264, 267), 274, S. 78, 79· on attendance of New Hampshire delegates, 1. 48I. committee on representation, 1. 509, (SI6, 520, 2. I2). on slave representation, 1. s6 I. favors adjournment, 2. I8. on presidential electors, 2. s6. on ratification, 2. 88. signs Constitution, 2. 664. letters: to his wife (July) on task, 4· 70, S. 172; from Brearley (Aug.) on progress and return, 3· 73; to Ellsworth (Aug.), query on progress, 4· 7J, s. 2J6. compromise and Federalism, 4· 89. Paterson plan. See New Jersey plan. Paulding, James K., letters from Madison, 3· 500-503. Payments. See Appropriations; Expenditures. Payne, John C., and Madison's Notes, 1. xixn., 2. 649. notes by, 4· IS n., 56 n.-58 n. Payne, Michael, North Carolina naval officer, 3· I4. Peace, treaties of, in notes of committee of detail, 2. (I43, I45), 4· 44, 46, S. I 88, I 89. power of Congress rejected, 2. (3 IJ), 3 I9. majority vote of Senate voted, 2. (533), 540. two-thirds vote of Senate on ceding territory or rights proposed, 2. (534), 543· two-thirds vote of Senate without President's concurrence rejected, 2. 540, 541, [4· 3l· majority vote of Senate reconsidered and rejected, 4· 544, 547-549. See also Treaties. Pendleton, Edmund, letters from Madison, 3· 27, 98, I36. Pendleton, Nathaniel, and delegateship, 3· 22, 35' 559, 576. Pennsylvania, delegates appointed, 3· 557· arrive, 3· 20. attend, 1. I, (3, 5), 7, (10), Sll n.

credentials, 3· s6s-s67. supposed attitude toward stronger government, 3· 30. delegates nominate Washington to preside, 1. 3, 4· delegates on vote in Convention, 1. I

In.

government 1. 99, IOO, (107, I09), JJ9, 584, 2. 75, I I3, 272, 288, 299· as "large" state, 1. I67, (170, I72, I?J), 327, 407, (4I4, 4!7), 447> 463, (470), 49I, 587, 2. 9, 2J4, 3· I98. violation of Confederation, 1. J I 6, (326, 330), 437, 3· 548. and Connecticut, 1. 317, (326). commercial relations, 1. 447, (456), 2. 360, 362, 449, 3· 328, 5I9, 548. original number of representatives, 1. 557, (559), s63, (s66), 572-574, 2. (12), IJ. proposed apportionment of senators, 2. I,

(5,

I 2).

proposed number of electors, 2. 58, (6o), 63. slavery, 2. 221. immigration, 2. 269, 272. Wilson's address to citizens (Oct.), 3· IOI.

Wilson in ratification convention, 3· I37-I44, I59-I68. products, 4· 25, S. !OJ. See also Clymer, George; FitzSimons, Thomas; Franklin, Benjamin; Ingersoll, Jared; Middle states; Mifflin, Thomas; Morris, Gouverneur; Morris, Robert; North; States; Wilson, James. Pennsylvania Herald, on Convention rumor (Aug.), 3· 69. on its conclusion (Sept.), 3· 82. Pennsylvania Journal, on assembling of Convention (May), 3· 21. on rumor of monarchy (Aug.), 3· 73· Pennsylvania Packet, on unanimity of Convention (July), 3· 6o. on earnestness of delegates (Aug.), 3.

75· Pennsylvania Society for the Abolition of Slavery, S. 44, 45·

GENERAL INDEX Pensioners, disqualification for Congress, rejected, 11. (I 17), I25. People, direct action on, of federal government, 1. 34, 43, I41, 406, 437, (439), 447> (453, 459), 464, 479, !1. 6, 9, I I. attachment to state and federal governments, 1. I33, I37, (I4I, I42), 215, 253, (4. 4], 1. (266, 269), 284, (30I), 342, 344, (352), 373> (374), 379> 405, (413, 4I6). direct action on, under Confederation, 1. I33, 314, 447, (455). sovereignty, 11. I 20. term, in notes of committee of detail, 2. I52, 163. "we, the people of the states," in its report, 1. 177. report adopted, 2. (193), 196, (209). "we, the people of the United States," in report of committee of style and Constitution, 1. 590, 65 r. Wilson (Nov.) on vesting power in, 3· I42. Baldwin (Dec.) on same, 3· 168. L. Martin's opposition (Nov.) to preamble and direct action on, 3· (1 59), 192, 229, 284. C. Pinckney (1788) on foundation of government and direct action, 3· 248. Davie (1788) on same, 3· 340, 341. reserved rights and powers, 4· 9 5. See also Address; Aristocracy; Bill of rights; Classes; Democracy; Election; Equality; Jury trial; Nobility; Privileges and immunities of citizens; Ratification; Representation; Republican government; States; Suffrage; Union. Per capita vote in Senate, suggested, 2. 5. voted, 1. (85), 94, 95· as referred to committee of detail, 1. I33· in its notes, 1. (14I), 154, 165, 4· 41, 42, s. 186. in its report (V. § 1), 1. 179. report discussed and voted, relation to money bills, 2. (228), 232-234, (243). as referred to committee of style, 2. 566. in its report, 1. 591.

in Constitution, 2. 652. C. C. Pinckney on (1788), 3· 252. Perpetual revenue. See Revenue. Persia, reference to government, 1. 323, (328, 330). Peters, Samuel, letter from Johnson, 4· 72, s. 196. Petition, right, in first amendment, 4· 90. Philadelphia, and seat of government, 1. 127. elections, 1. 2 I6. social life in, S. 33, 34, 224, 227. Philip of Macedon, reference, 1. 285, (307). Phillips, Jonas, letter to Convention on religious liberty, 3· 78. Phocians, reference, 1. 285, (307). Pickering, John, and delegateship, 3· 557,

573Pickering, Timothy, certificate of deposit of Convention papers, 3· 370. letters: from Rush, 4· 7 5, S. 250; with Hamilton (1803) on plan, 3· 397399; from King, 3· 399· in Senate (1803), on election of executive, 3· 403. letters: from Morris, 3· 4 I 9; to Jackson (1827) on publishing his notes, 3· 476, S. 315, 316. Pierce, William, delegate from Georgia, 3· 559· credentials, 3· 576--578. attendance, 1. 45, (47, 54), 3· 32, 589, 4· 65, s. 76. Madison's knowledge of his notes, 1. XIXn.

character of notes, 1. xxi. text of notes, 1. 57, 73, 91, 109, I28, 147· on election of congressmen, 1. 59, I37· on qualities of government, 1. 74· on payment of congressmen, 1. 216. on term of senators, 1. 218, (221). on representation, 1. (467), 474, (479). on conditions in Convention, and secrecy, 3· 48, 4· 65, S. 70. challenge of Auldjo Guly), 3· 64. anecdote of Washington and secrecy, 3. 86. character sketches of delegates, 3· 8797·

GENERAL INDEX

430

Pierce, William (continued) on himself, 3· 97. letter to Tucker (Sept.) on not signing, 3· 100. Pierson, George W., on Madison's copy of Journal, 4· 12 n. on emendations by Washington, 4· 57· Pinckney, Charles, delegate from South Carolina, 3· 559· credentials, 3· 582. Pierce on, 3· 96. arrives, 3· 20. lodges at Indian Queen, 3· 58. attendance, 1. 2, (3, s), 3· 589. lost notes, 1. xxiii, 3· 427. moves committee on rules, 1 .. 2, (4). of committee on rules, 1. 2, (4). moves superintendence of minutes, 1.

17. fears abolition of state governments,

1.

33, (41), 4I2. on proportional representation in both Houses, election by legislatures, 1.

(52), 59, 90, 118, (124), IJO, 132, (140, 142, 145), I47, ISO, ISS, 163, (169), 510, (5I6), 520, I. (2n.), 5, (12). on enumeration of powers, 1. 53· on single executive, 1. 63, (65, 70, 79), 88, 91, 93, (96, 105). on powers of executive, 1. 64, 67. on term of executive, 1. 68. on appointment of judges and other officers, 1. (116), I2I, 224, 232, 233,

on character of Union,

4· 28-37,

s.

1.

(397-404),

112-1!8.

on combination of large states, 1. 458. on sectional division, 1. (510), SI6, 1.

449, 450. on election of executive, 1. 30, 403, 500, 501, 51 I, 526. on impeachment of executive, 1. 64,

66, 68, 551. on consecutive terms of executive, 1. I I I.

on qualifications of congressmen, 1.

I2I, I26, 235, 248, 271. on qualifications of executive and judiciary, 1. I22. on location of capital, 1. 127, 325. and privileges and immunities clause, 1. 174"·· 3· 445, 446. moves committee of the whole on detail report, 1. I96. on meeting of Congress, 1. 198. on original apportionment, 1. 2I9, 624. on regulation of congressional elections, I.

240.

on congressmen and office, 1. 283, 287,

290, 489, 49 I. on election of treasurer, 1. 3 I 4. on rebellion in states, 1. 3 17. on war power, 1. 318, 319. proposes additional powers of Congress, I. 325, 326, 34o-342, [4. 52). on assumption of state debts, 1. 3 2 7. on regulation of militia, 1. 332. on judging privileges of Congress, 1.

341, 502.

I. 8I, 539·

on amendment, 1. 1 2 1. on ratification, 1. I23, 1. 476, 478. on veto of state laws, 1. IJI, (140),

on habeas corpus, 1. 34I, 438. on liberty of the press, 1. 34I, 6 I 7. on prohibition of religious test, 1. 342,

ISO, (162), I64, (169), 170, (I7I, 173), I. 28, 39o-392. on council, 1. IJ9, 1. 329, 342. on justices and veto, 1. 139, (144), 1. 298.

on wording of implied powers, 1. 345· on slave trade, 1. 364, 37 I. on two-thirds vote for navigation acts,

on basis of representation and slave representation, 1. 147, 193, (201), 542,

on foreign gifts, 1. 389. on federal appointment of governors, 1.

468.

I. 374, 420, 449, 450.

596, I. 223.

391.

on reeligibility of representatives,

1.

2I7, (221). on control of money bills, 1. 224, 234,

545, I. 224, 263, 510. on powers of Convention,

272).

1.

255, (261,

on on on on on

rendition of fugitive slaves, 1. 443· bankruptcy laws, 1. 447· address to the people, 1. 564. vote to overcome veto, 1. 586. power to establish university, 1.

6I6.

GENERAL INDEX on standing army, 2. 617. on publication of expenditures, 2. 6I9. on jury trial in civil cases, 2. 628. opposes second convention, objections to Constitution, 2. 632. signs it, 2. 665. pamphlet of speech on presenting plan (Oct.), 3· 106-I23. editions of it, 4· 77. on weakness of Confederation, 3. 106, I07. on separation of powers, 3· I08. on state sovereignty, 3· I I 2. on importance of action of Convention, 3· I23. Madison and Washington on the pamphlet, 3· I23, I3I, SOI, 503. speech in legislature on Constitution (1788), 3· 248, [4. 7l· letter (1788) on L. Martin's conduct, 3· 300. on hand of Providence, 3· 30I. letters to King and Madison ( 17 89) on election of representatives, 3· 355· in House ( 1798), on separation of powers, 3· 376. in Senate (I 8oo): on election of executive, 3· 382, 385-390; on privileges of congressmen, 3· 3 84; on appointment of judges, 3· 385. letter to Adams (I 8 I 8) on undeliberated excessive powers to executive, 3· 42 7. Madison's criticism of this statement, 3· 502. in House: (I 820) on partial slave representation as concession to South, 3· 439-442; on slave-trade provision, and migration of whites, 3· 442-444; on understood compact of protection of slave property, 3· 443; on interstate commerce, 3· 444; (I82I) on privileges of citizens and negro citizenship, 3· 445; honorary degree, 4· 78. See also Pinckney plan. Pinckney, Charles Cotesworth, delegate from South Carolina, 3· 559· credentials, 3· 582. Pierce on, 3· 96. attendance, l. 2, (3, s), 3· 590, 4· 62,

s.

21.

43 I

papers, 4· viii, I4, S. xviii. on a "more effective" government, 1. 30, (35, 43). on powers of Convention, 1. 34, (39, 4I), 255, (26I, 272). on executive powers, 1. 67. on mode of election of representatives, state control, 1. I37, (I43, I45, I47, 354), 358, 360, (364, 365, 367, 368). on control of money bills, 1. 234, 546. on eligibility of congressmen to state offices, 1. 386, (39I), 429, (434). on term of senators, 1. 409, (4I5), 42I, (430). on payment of senators, 1. 426, (433). supports compromise on representation, l. SII, (517). on original apportionment, l. s66-s68, 2. 2I9. on slave and wealth representation, 1. s8o, 593· on representation and direct taxation, 1. 592. on export duties, 1. 592, 2. 95· on time of first census, 1. 596. opposes adjournment of Convention, 2. IS.

on provision against emancipation, 2. 95· on qualifications for executive and judiciary, 2. I22. on mutual negative, 2. I97· on citizenship of senators, 2. 239. committees: assumption of state debts, 2. 322, (328); slave trade, 2. 366, (37 s). on control of militia, 2. 330, 33 I, 386. on standing army, 2. 330. on slave trade and navigation acts compromise, 2. 37I, 373, 4I5, 4I6, 449· on assumption of Confederate obligations, 2. 400. on posts and uniform duties, 2. 418. on salary of judges, 2. 429. on interstate protection of slave property, 2. 443· on religious test, 2. 468. on election of treasurer, 2. 6 I 4· on jury trial in civil cases, 2. 628.

432

GENERAL l:\DEX

Pinckney, Charles Cotesworth (continued) on form of signing Constitution, ~. 647· signs it, ~. 665. in state legislature (I788): on treatymaking power, 3· 25o-252; on per capita vote in Senate, 3· 252; on powers of Convention, 3· 252; on basis of representation, 3· 253; on slave trade, 3· 253-255; on executive, 3· 255; on liberty of the press, 3· 256; on lack of bill of rights, 3· 256; on guarantee to states, 3· 256. remark (I 803) on Hamilton's and Madison's views on strong government,

3· 399· Pinckney plan, presented, 1. I6, (23, 24). original text, 1. xxii, 4· [I3], ~. I34I37, I57n., I58, I59, 3· 446, 604609, [4. 7], s. 17· referred to committee of the whole, 1. 16, (2J). referred to committee of detail, ~. 98, ( 106, I 28). Read's and Otto's knowledge of, 3· 25, 39· Pamphlet purporting to be Pinckney's speech on presenting, editions, 3· 106-I23, 4· 77· Madison and Washington on pamphlet, 3· I23, I3I, SOI, 503. Pinckney's letter (1788) on plan, 4· 80. Genet's edition (I 8o8) of Yates' notes on, 3· 4I I, 4I4. Pinckney's letter to Adams (I 8 I 8) enclosing purported text, 3· 427, [4. 7], 3· 431. Madison's crit;cism of purported text, 3· 50I-5I5, 53I, 534-537· purported text as published, 3· 595601. evidences against its credibility, 3· 6oi6o4. Piracy, power of Congress, in notes of committee of detail, ~. (I43), I68, 4· 44, S. I 8 8. in its report (VII.§ I),~. 182. report discussed, amended verbally, and voted,~. (3I2), 3I5, 3I6, (320). as referred to committee of style, ~. 570.

in its report, ~. 595. in Constitution,~. 655. Madison on (1788), 3· 332. See also Admiralty. Pitkin, Timothy, on signing of Constitution, 3· 476. Pitt, William [I]. See Chatham. Pitt, William [ 2], reference, 1. 3 7 5. Plutarch, cited, 1. 449. Poland, government, 1. 290,459, ll. 30, 3 I, I09, 3· 4I, 390, 394· Police powers of the states, protection of, against Congress, rejected, ll. (21), 25, 26. safeguarding, reported, ll. 367. protection against amendment defeated, ll. 630. reservation in tenth amendment, 4· 95· See also Power of Congress. Poll tax. See Capitation tax. Population, statistics used in Convention, 1.

572,

sn

See also Census; People; Representation. Ports of entry and clearance, limitations on power of Congress committed, 2. 378, (410), 4I7, 4I8, (420, 42I). prohibition of preference and restriction on regulation reported, ll. (434), 437, s. 239· discussed and voted, ll. (468), 470, (473), 480, 481, (482). as referred to committee of style, 2. 57 I. added to its report, ll. (596, 610n.), 6I 8. in Constitution, ll. 657. Madison (Oct.) on regulation, ll. I36. McHenry on (Nov.), 3· I49· L. Martin (Nov.) on inefficiency of restriction, 3· (157), 2I3. Williamson on (I792), 3· 365. See also Commerce. Post offices, power of Congress, in Pinckney plan, ll. I35, 159, 3· I J7, (607). in New Jersey plan, 1. 243, (247). in notes of committee of detail, 2. (I44), !68, 4· 45· in its report (VII.§ I), 2. I82. power voted, ll. 304, (3I I). as referred to committee of style, ll. 569.

GENERALI:'>iDEX in its report, 2. 595· in Constitution, 2. 655. mail of delegates franked, 3· I7. Post roads, power of Congress to establish, voted, 2. (303), 308. regulation of stages on, committed, 2. (322), 326, 328. as referred to committee of style, 2. 569. in its report, 2. 595. in Constitution, 2. 655. Powell, John H., acknowledgment to, 4· IX.

Powers. See next titles; Division of powers; Separation of powers. Powers and duties of executive, in Virginia plan, 1. 21. inPinckneyplan, 2. 135, 158,3. III, (6o6). discussion and vote in committee of the whole, 1. (63, 64), 66, 67, 70, (73). in report of Virginia plan, 1. ( 226), 230, (236). in New Jersey plan, 1. 244, (247). in Hamilton plan, 1. 292, (300). report voted, 2. (23), 32, (II6, 121). as referred to committee of detail, 2. (IJ2), IJ4· in its notes, 2. (I45, 146), 171, 4· 46, 47, s. I89, I90. in its report (X.§ 2), 2. 185. council and cabinet, 2. 285, 328, 329, 335-337, (342-344), 367, 427, (495), 499, (533), 537, 539> 541543, (543). authority to require opinion of Supreme Court committed, 2. 334, (34I). report of committee of detail discussed and amended, 2. (398), 404, (4I 1), 419, 420, (422), 426, (547), 553· as referred to committee of style, 2. 574· in its report, 2. 599, 600. amendment of report, 2. 62 I. exclusion of treason from pardoning power, rejected, 2. 626, 627. C. Pinckney on weakness, 2. 632. Mason's objections, 2. 638, 639. in Constitution, 2. 659, 66o. in Hamilton's unpresented plan, 3· 624. Randolph and L. Martin (Oct.) on pardon for treason, 3· I27, (158), 218.

433

Butler on (1788), 3· 302. C. Pinckney (I8I8) on hasty increase at end of Convention, 3. 42 7. Madison's criticism of this statement (I83I), 3· 502. See also Appointment; Executive; Treaty-making; Veto; and, for details, other subjects by name. Powers of Congress, general expression in Virginia plan, 1. 21, (28). exclusive, in Pinckney plan, 2. I 35, I36, 158, I59, 3· II6-I20, (607609). discussion and vote of general powers in committee of the whole, 1. (47), 5254, (ss, 56, 59-6I). desire for enumeration, 1. 53, (6o), 2. 17· proposals on power to remove executive, 1. (78), 85-87, (92), 244, (247). to constitute inferior tribunals, 1. (II 8), 125, (I27), 2. (38), 45, 46, 133, I44, I46, 168, 182, (3IJ), JI5, (320). in report of Virginia plan, 1. (225), 229, 236. in New Jersey plan, 1. 243, (247). in sketches of the plan and in Sherman's proposals, 3· 6I2, 6I5. in Hamilton plan, 1. 29I, 292, (300). to change apportionment of representatives, 1. (558), 559, 560, (599), 603, 606, 2. 130, J78, (2I4), 22J, 59I, 644, 652. report of Virginia plan considered, all legislative powers of Confederation voted, 2. (I4), 16, 17· and basis of representation, 2. 17, 2 5. in matters of "general interests" discussed and voted, 2. (21), 25-27. general expression, as referred to committee of detail, 2. IJI. in its notes, 2. (142-I45), I5I, I67, I68, 4· 43-45· enumeration, in its report (VII. §§ I, 2), 2. I8I, I82. regulation of jurisdiction of federal courts, 2. I47, 173, I86, 424, 425, (431), 433, 576, 60I, 66!. to establish property qualifications for congressmen, reported, discussed, and

GENERALI:\IDEX

434

Powers of Congress (continued) dropped, 2. I6S, I79, (24S), 2482s I, (2s6). to change date of meeting of Congress, 2. (I94), I97-2oo, (206, 209), s6s,

S92, 6S3· to establish post roads added, 2. (303), 308. emission of bills of credit discussed and dropped, 2. (303), 308-310, (3 I I). power over taxation, commerce, naturalization, money, weights and measures, post offices and debt, voted, 2. (304), 308. to appoint a treasurer, discussed and dropped, 2. (3I2), 3I4, 3IS, (320), 6I4. criminal laws, amended and voted, 2. (3I2), 3IS, 3I6, (320). rules concerning captures, voted, 2. (3I3), 3IS. to subdue rebellion in state [see Domestic violence], discussed and dropped, 2. (3I3), 3IS-3I8, 320. war power, amended and voted, 2. (3I3), 3I8, 3I9, (320). to make peace, proposed and rejected, 2. (3I3), 3I9. to dispose of, and regulate territory (lands), committed, later renewed and voted, 2. 32I, (324, 4S8, 4S9), 466, 578, 602, 662. to regulate Indian trade, proposed, reported, and voted, 2. 32 I, (324), 367, (493. 49S), 497. 499, (S03). to control federal district and sites, grant copyrights and patents, letters of marque, proposed, reported, and voted, 2. 32I, 322, (32S, 326, sos, so6), sas-s Io. to establish a university, grant incorporations, proposed, committed, renewed, and rejected, 2. 32I, 322, (32S), 6IS, 6I6, 620. to regulate stages on post roads, proposed and committed, 2. 322, (326). to encourage industry and art, proposed and committed, 2. 322, (32S). army and navy, amended and voted, regulation and time limit on appropriations added, 2. (323), 329, 330,

(333), 334,

sos, sag.

33s,

(34I,

sos, so6),

calling forth militia, regulation added, discussed and voted, 2. (323), 326, 33tr-333. (337), 344, (3S2), 356, (368), 377. (38tr-382), 384-390, (394). sumptuary laws rejected, 2. (337), 344, (3S I). implied powers voted, 2. (337), 344,

345· great seal, proposed and committed, 2. 335, (342). to establish all offices, proposed and rejected, 2. (337), 345, 547, 553· to declare punishment of treason, voted, 2. (339), 348, 3SO, 57 I, 6oi, 661. payment of debt and general welfare clause, 2. 366, (382), 392, 4I4, 493. 495, (497, 499, S03)· to permit receiving of foreign gifts, 2. (38I), 389, 572, 596, 657. 3· 629. to apply for removal of judges, rejected, 2. (423), 428, 429. as to presidential succession, 2. 427, Cs32), sJs, 573. 598, 6s9. to establish bankruptcy laws, proposed, reported, and voted, 2. (44S), 447, 448, (483), 484, (486), 489. to regulate interstate comity, proposed, reported, and voted, 2. (445), 448, (483), 485, (486), 488, 489, to build lighthouses and improve harbors suggested, 2. 504, 529, 634. powers as referred to committee of style, 2. 569-57!. in its report, 2. 594-596. to cut or incorporate canals proposed and rejected, 2. (6I I), 6I5, 6I6, (620). to regulate duties of state inspection laws, proposed and voted, 2. 624. concurrency of commercial powers discussed, 2. 625. and pardon for treason, 2. 626, 627. Randolph's objections, 2. 631. Gerry's objections, 2. 632, 633, (635, 636). Mason's objections, 2. 639, 640. powers in Constitution, 2. 655, 656. in Hamilton's unpresented plan, 3· 627. Otto on Oune), 3· 42.

sn

GENERAL INDEX report of Connecticut delegates (Sept.),

3· 99· Gerry's report of objections (Oct.), 3· !28, 259· McHenry's explanation (Nov.), 3· I49· L. Martin's criticism (Nov.), 3· (I 56), 203-209. Baldwin (Dec.) on principle, 3· I69. Hamilton (1788) on implied, 3· 239· Ellsworth (1788) on taxation, 3· 240. King (1788) on perspicuity, 3· 268. Sherman (I790): on naturalization, 3· 359; on rejection of power to establish a university, 3· 362; on implied powers, 3· 362. Madison, Gerry, Jefferson, Hamilton (179I) on bank charter, 3· 362-364. Baldwin (I798) on same, 3· 375· Madison ( 1792-I 833) on construction, 3· 366, 435, 464, 482, 526. Baldwin ( 1799) on bankrupcty as concurrent power, 3· 380. G. Morris (I 802) on requirement of inferior tribunals, 3. 3 9 I-3 93. Dayton (I 804) on federal district, 3· 408. Morris (I 8 I 5) on militia, 3· 420. Madison (I824, I8JI) and Cobb ( 1 8 2 5) on lack of power to construct canals, 3· 463-466, 494· Pincknr.y (1820) on interstate commerce, 3· 444· Madison: (I829) (I828, 1832) on protective duties, 3· 477, ji8. on interstate commerce, 3· 478. (I8JO) on general welfare clause, 3· 484-494· See also Admission; Amendment; Appointment; Assumption; Coercion; Division of powers; Election of congressmen; Election of executive; House; Legislation; Prohibitions on Congress; Prohibitions on states, conditional; Salary; Senate; Separation of powers; Supreme law; Veto of state laws; and, for details, subjects of powers by name. Powers of Convention, text of resolution of Congress calling Convention, 3· I 3. discussion, 1. (34, 37, 39, 40), 4I-44, (IIJ), I77, (I82, I84, I8j, I88),

435

249, 2j0, 2jJ, 2jj, (257> 26I, 262, 266, 267, 27o-272, 274), 28J, (294, J01), 314, 324, (J2j, 328), 33 I, JJ2, 336, JJ8, (345, 346, 349), 4· I9, s. 51. C. Pinckney on (Oct.), 3· I08. Gerry on (Oct.), 3· 129. Wilson (Nov.) on disregard of instructions, 3· I43· L. Martin on (Nov.), 3· 173· Yates and Lansing on (1788), 3· 245· C. C. Pinckney and Madison ( 17 8 8) on, and action, 3· 252, 257-259. Randolph on same, 3· 308. Spaight on same, 3· 35 I. See also Credentials; Federal Convention. Poynings' law, 2. 274, 275. Prayers in Convention, Franklin's motion, 1. 45o-4j2, (457). Dayton's erroneous recollections, 3· 467-473· Madison (I 829-34) on Dayton's error, 3· 479> 499, 53 I. Preamble, in Virginia plan, 1. 20, (27). in Pinckney plan, 2. 134, (3. 604). Virginia plan in committee of the whole, "national supreme" government substituted, 1. (30), 33-35, (38-44). in report of Virginia plan, 1. (225), 228, (235). in New Jersey plan, 1. 242, (247). report discussed in convention, "national" changed to "United States," 1. 322-325, (J28, 334), 335, 336, (344). as referred to committee of detail, 2. I29. in its notes, 2. IJ4, (I37), ISO, Ij2, I6J, 4· J8, S. I8J. newly framed, in its report, 2. I 77. report voted, 2. (I9J), I96, (209). as referred to committee of style, 2.

s6s. in its report, 2. 590. in Constitution, 2. 6 51. in Hamilton's unpresented plan, 3· 6I9. McHenry on (Nov.), 3· I46. Madison (I 8 24) on substantive power, 4· 84, S. J IJ.

GENERALI~DEX

Preamble (continued) Madison (1826-33) on "national" in Virginia plan, 3· 4 73-4 7S, S I 7, S29· President of the Senate, speaker of Senate, in Pinckney plan, 2. IS8, (3· 6os). in notes of committee of detail, 2. (146), ISS, I6S, Ip, 4· 47> s. 190· Senate's right to choose, in its report (V. § 4), 2. I79· to succeed to presidency, in its report (X. § 2), 2. I 86. right of Senate to choose voted, 2. (229), 239, (244). as member of proposed council, 2. 367. objection to succession to presidency, 2. 427. and count of electoral vote, 2. (494), 497> (S2I), S28. Vice President ex officio president of Senate, reported and voted, 2. (49S), 498, (S32), S36-S38. right of Senate to choose president pro tempore, reported and voted, 2. (49S), 498, (S32), S38. as referred to committee of style, 2. s67, sn S74· in its report, 2. S92, S98. verbal amendment, 2. (6IOn.), 6I2. Gerry's objection, 2. 633, (63s, 636). in Constitution, 2. 6s2, 6s3, 6s8. See also Vice President. President of the United States, style, in Pinckney plan, 2. I3S, I s8, (3. 6o6). style, in notes of committee of detail, 2. I6o, 171. in its report (X.§ 1), 2. I8S. voted, 2. (396), 401. as referred to committee of style, 2. S72· in its report, 2. S97. in Constitution, 2. 6S7. See also Executive. Presidential electors. See Election of executive. Presidential succession, in Hamilton plan, 1. 292, (300, 3· 6zs). in notes of committee of detail, 2. (146), 172, 4· 47, S. 190.

in its report, president of Senate to succeed (X. § 2), 2. I 86. objections to this, 2. 402, 427. power of Congress to provide for occasional, voted, 2. 427, (S32), S3S· as referred to committee of style, 2.

sn in the report, 2. S98. verbal amendment, 2. 626. in Constitution, 2. 6S9· twentieth amendment, 4· 102. See also Vice President. Press, liberty of, in Pinckney plan, 3· I 22, (609). preservation, proposed and committed, 2. 334, (34I). again proposed and rejected, 2. (61 I), 617, 6I8, (620). Mason's objections to omission, 2. 640. C. C. Pinckney (1788) on omission, 3· 2S6. in first amendment, 4· 93· See also Bill of rights. Price, Richard, references, 1. 441, 3· 197· letters from Franklin and Rush, 3· 21, 33· Priestley, Joseph, cited, 1. 437, (440). Princeton University, Pinckney's honorary degree, 4· 78. Privateering. See Marque. Privileges and immunities of citizens in other states, in Pinckney plan, 2. I3S, 3· I I2, (6o6, 607). as to criminal actions, in New Jersey plan, I. 24S, (247). weakness in New Jersey plan, 1. 317, (327). in notes of committee of detail, 2. 173· in its report (XIV), 2. 187. report voted, 2. (437), 443, (4S6). as referred to committee of style, 2.

sn in its report, 2. 6o r. in Constitution, 2. 662. in Hamilton's unpresented plan, 3· 629. C. Pinckney (I82I) on, and negro citizenship, 3· 44S, 446. in fourteenth amendment, 4· 98. See also Interstate comity. Privileges of congressmen, in Pinckney plan, 3· 6os.

GENERALIJ\'DEX in notes of committee of detail, 2. (I40, I4I), Ij6, I66, 4· 40, 42, S. I85, I86. in its report (VI. § s), 2. I 8o. voted, 2. (246), 254, (256). right of each House to judge its privileges, committed, 2. 334, (34I). again proposed, 2. 502, 503. as referred to committee of style, 2. 567. in its report, 2. 593. in Constitution, 2. 654. C. Pinckney on (I8oo), 3· 384. Privileges of executive, suggested, 11. 503. why none, 3· 385. Prize law. See Captures. Procedure in Congress. See cross references under Congress; House; Senate. Professions, class, 1. 402, (4I I), 4· 29, s. II4. Prohibition of liquor, amendment, 4· IOO. repeal, 4· I02. Prohibitions and requirements on Congress, in Pinckney plan, 3· I 22, (609). in notes of committee of detail, 11. (142, I43), Iji, I68, I69, 4· 43, 44, S. I

87,

I

88.

in its report (VII. §§ 2-7), 11. I82, I 83. additional limitations proposed and committed, 2. 334, 335, (34I, 342). requirement of uniformity of duties, 11. (410), 418, (434), 437, (473), 48I, 571, (6wn.), 614, 655. sections on, as referred to committee of style, 11. 57 I, 572. in its report, 11. 596. motion to include laws impairing obligation of contracts, 11. 6I9. in Constitution, 11. 656, 657. in Hamilton's unpresented plan, 3· 62 7. McHenry's explanation (Nov.), 3· I49, IjO. L. Martin (Nov.) on inefficiency, 3. (I57), 2Io-2I4. Madison, Mason, and Randolph on (q88), 3· 324-327. Williamson (I792) on uniformity of duties, 3· 365. See also Appropriations; Attainder; Bill of rights; Direct taxation; Division of

437

powers; Ex post facto; Export duties; Habeas corpus; Journals; Jury; Money bills; Navigation acts; Nobility; Ports; Powers; Press; Religious test; Revenue; Slave trade; Treason; Veto. Prohibitions on states, in Pinckney plan, II. I35, I36, Ij8, Ij9, 3· Il2, IJ7, (607-609). in Sherman's proposals, 3. 6 I 6. in Hamilton plan, 1. 293. in notes of committee of detail, 11. (I43, I44), I69, 4· 44, s. I88. absolute, in its report (XII), 2. I87. conditional, in its report (XIII), 11. I87. prohibition of bills of credit and paper legal tender made absolute, 11. (435), 439, (444). absolute, of bills of attainder and ex post facto laws added, 11. (435), 440, 4· 59, s. 269. addition of embargoes rejected, 11. (435), 440, 441. absolute, of imposts rejected, 2. (435), 44!. absolute, as amended, voted, 11. (435), 442. export duties added to conditional, 11. (435), 442. revenue to federal treasury, conditional, as amended, voted, 11. (437), 442, 443, (456). of laws impairing the obligation of contracts, 2. 439, 440, 449, 597, 4· 59, S. 269. as referred to committee of style, 11.

sn in its report, 11. 596, 597· permission of duties to cover inspection charges added, 11. (583), 588, 589, (6os), 6o7. phrasing of sections amended, 11. (610n.), 6I9, 624, 626. conditional, of tonnage duties added, 11. 625, (633, 634). Mason's attempt to amend, (11. 636), 4· 59, s. 269. Mason's objections, 11. 640. in Constitution, 11. 657. in Hamilton's unpresented plan, 3· 630.

GENERALI~DEX

438

Prohibitions on states (continued) report (Sept.) of Connecticut delegates,

3·

IOO.

McHenry's explanation (Nov.), 3· ISO. L. Martin's objections (Nov.), 3· 2I42I6. King (1788) on inspection laws, 3· 268. Randolph and Madison (I788) on section, 3· 328. Davie on (1788), 3· 349· Madison (I 83 I) on legal tender, 3. 495· (I832) on import and export duties, 3· 5I9. See also Division of powers; Interstate comity; Privileges and immunities; States; and, for details, subjects by name. Property, representation in Congress discussed, 1. I44, 469, (475), 529, 533, 534, (536), 54 I, 542, 558562, 564, 570, 57 582-586, 589, 603-606. qualification for senators suggested, 1. 428, (433). committee of detail to consider qualification for officers and congressmen, 11. (116, Il7), I2I-I24, (I34). qualification in its notes, 11. (I40), ISI, I56, I65, 4· 39n., 4I, S. I84n., I 85. power of Congress to establish qualification for congressmen, in its report (VI. § 2), 2. 179· freehold, for electors of representatives, discussed and rejected, 2. (I94), 20I-206, (206-2IO), 2I5, (225). report on power of Congress discussed and rejected, 11. (245), 248-25I, (256). Mason on right of interstate movement, (2. 637), 4· 6I, S. 270. freehold qualification in Hamilton's unpresented plan, 3. 62 r. C. Pinckney (Oct.) on Senate as representing, 3· I 10. McHenry (Nov.) on omission of qualification for senators, 3· I47· King ( 17 88) on lack of qualification for representatives, 3. 2 55. Madison's note (I 8 2 I) to his speech on representation, 3· 45o-45 5 ·

s,

eminent domain, 4· 94· See also Public property; Slave representation; Taxation. Prorogation. See Adjournment of Congress. Protection in tariff, of domestic manufacturer, 2. 36I. and state imposts, 11. 44I, 442. Williamson (1792) on sectional oppression, 3· 365. Madison (I 82 8, I 83 2) on constitutionality, 3· 4/7, 5I8-52I. Protection of states. See Domestic violence; Invasion. Prussia. See Holy Roman Empire. Public buildings. See Federal sites. Public debt. See Debt. Public lands. See Land grants; Territory. Public property, right of Congress to regulate and dispose of federal, voted, 2. (458, 459), 466. as referred to committee of style, 2. 578. in its report, 2. 602. in Constitution, 2. 662. See also Federal sites; Territory. Publication. See Expenditures; Journals·. Punishment, power of each House over its members, in notes of committee of detail, 2. (I40, I4I), I56, I66, 4· 40, 42, S. I85, I86. in its report (VI. § 6), 2. I So. report voted, 2. (246), 254, (256). as referred to committee of style, 2.

56s. in its report, 2. 592. in Constitution, 11. 653. in Hamilton's unpresented plan, 3· 620, 62 I. See also Crime; Impeachment; Treason. Punishments, eighth amendment, 4· 9 5. Purse and sword, separation, 1. IJ9, (I44, I46), 339· See also Finance; Separation of powers; War. Putnam, Herbert, acknowledgment to, 1. IX.

Quakers, settlement of disputes, slave trade, 2. 372, 374·

1.

84.

GENERALIJ\'DEX Qualifications of electors of representatives, in notes of committee of detail, ll. (I39), I5I, I63, 4· 40, S. I85. control by states, in its report (IV. § I), 2. J78. report discussed and voted, freehold requirement proposed and rejected, 2. 20I-206, (206-2I0, 2I3), 2I5, 2I6, (225)· as referred to committee of style, ll.

s6s. in its report, 2. 590. in Constitution, 2. 6 51. in Hamilton's unpresented plan, 3· 6I9. McHenry's explanation (Nov.), 3· I46. Qualification of executive, residence, in Pinckney plan, 2. I 58, (3. 6oo). committee of detail to consider property and citizenship, to consider freehold rejected, ll. (116, IJ7), I2I-I25, (I34l· on religious test, 2. (335), 342, (46I), 468, 579, 603, 663. committee to consider, 2. (337), 344· 35 years, citizenship, and 2I years residence reported, 2. 367. nativity, or citizenship at adoption of Constitution, 14 years residence, and

3 5 years age reported and voted, 2. (494), 498, (532), 536. as referred to committee of style, 2.

574· in its report, 2. 598. in Constitution, 2. 659. Jay's suggestion (July) of native citizenship, 3· 61. Qualifications of presidential electors, ineligibility of congressmen or federal officers, 2. 6I, (5I7), 52I, 572, 597,

6ss.

Qualifications of representatives, age in Virginia plan, 1. 20. age dropped in committee of the whole, 1. (2IO), 2I5, (22I). 25 years voted in convention, 1. (370), 375, [4. 4L 1. (379). committee of detail to consider property and citizenship, to consider freehold and certain financial disqualifications rejected, ll. (116, 117), I2I-I26. as referred to that committee, ll. I29, I34·

439

in its notes, 2. (I39), I53, I55, I 56, I64-I66, 4· 39, s. I84. 25 years, 3 years citizenship, and residence in state, in its report (IV. § 2), 2. J78. power of Congress to establish property, in its report (VI, § 2), ll. I79· right of House to judge, in its report (VI. § 4), 2. I So. reported discussed and voted with 7 years citizenship and "inhabitant," 2. (2I3), 2I6-2I9, (225, 226). attempt to alter period of citizenship rejected, 2. 230, (245), 25 I, (265, 266), 267-272, (28I). report as to property, discussed and rejected, ll. (245), 248-25I, (256). report on judging, voted, 2. (246), 254. (256). prohibition of religious test, ll. (335), 342, (46I), 468, 579. 603, 663, 3· 227, 297, 3IO. as referred to committee of style, 2. s6s, 567. in its report, 2. 590, 592. in Constitution, 2. 65I, 653. in Hamilton's unpresented plan, 3· 629. McHenry's explanation (Nov.), 3· 147· King (1788) on lack of property, 3· 255. Qualifications of senators, age in Virginia plan, 1. 20. 30 years, in committee of the whole, 1. (2II), 217, 218, (221, 228, 235). affirmed in convention, 1. (395), 408, (415, 435). property, suggested, 1. 428, (433). committee of detail to consider property and citizenship, to consider freehold and certain financial disqualifications rejected, 1. (116, 117), I2I-I26. as referred to that committee, 1. 129, 134· in its notes, 1. (141), 155, 156, 165, 166, 4· 41, s. 186. 30 years, 4 years citizenship and residence in state, in its report (V. § 3), 2.

'79·

power of Congress to establish property, in its report (VI. § 2), 2. I79· right of Senate to judge, in its report (VI. § 4), 11. 180.

440

GEKERALINDEX

Qualifications of senators (continued) report discussed and voted with 9 years citizenship and "inhabitant," 2. (228, 229), 235-239, (242-244). report as to property, discussed and rejected, 2. (245), 248-25 I, (256). report on judging, voted, 2. (246), 254, (256). 9 years citizenship affirmed, 2. (266), 272, (28I). prohibition of religious test, 2. (335), 342, (46I), 468, 579, 603, 663, 3· 227, 297, 3IO. as referred to committee of style, 3· 567. in its report, 3· 59I, 592. in Constitution, 3· 652, 653. in Hamilton's unpresented plan, 3· 629. McHenry (Nov.) on lack of property,

3· I47· King (I788) on same, 3· 255· Quartering of troops, proposition on, committed, 2. 335, (34I). restriction, in third amendment, 4· 94· Quorum, compelling attendance, in Pinckney plan, 3· 6os. in notes of committee of detail, 2. (I40, I4I), Ijj, Ij6, I65, 4· 40, 42. majority, in its report (VI. § 3), 2. ISO. report discussed and voted, power to compel attendance added, 2. (245, 246), 251-254, (256), 300, 305. as referred to committee of style, 2. 567. in its report, 2. 592. motion to reconsider rejected, 2. 611. in Constitution, 2. 653. in plans for election of executive, 2. (518, 519), 526-528, 573, 598,

65s.

for legislation in Hamilton's unpresented plan, 3· 620, 621. Randolph, Beverley, letters: from E. Randolph, 3· 29, 36, 49, 57, 74, 76, 83; from Mason, 3· 50. Randolph, Edmund, delegate from Virginia, 3· 558. credentials, 3· 559-562. Pierce on, 3· 95.

French character sketch, 3· 23 7. arrives, 3· 20. lodgings, 4· 61, S. 2 I. attendance, 1. I, (3, 5), 3· 590. speech introducing Virginia plan, 1. (I6), 18-23, (23-28, 3· 145, 146), S. 26, 27. motions and remarks on "national" government, 1. (30), 33, 34, (38, 40, 41), 42, (57), 255, (262, 270), 3J6. on proportional representation and compromise, 1. (31), 36, 514, (519), 543, 561, 594, 60J, 2. q-19, 3· 55. on size and conservative purpose of Senate, 1. 51, (58). on enumeration and too loose definition of powers of Congress, l. 53, (6o), 2. 26, 488, 563, 631. on plural executive, 1. 66, (7I, 72, 74), 88, (91, 92), 97· on powers of executive, 1. 67. on veto of state laws, 1. 168. on election of executive, 1. q6, ( 181 ), 519, 2. 12I, 500, 502, 5IJ. on amendment, 1. 203. on oath by state officials, 1. 203, (207). on guarantee to states, 1. 206, 2. 4749· on term of senators, 1. 218. on federal jurisdiction, 1. 2 23, (23 2), 2]8, 2. 564. and time to prepare New Jersey plan, 1. 22], 240. on powers of Convention, 1. 255, 262, (270, 272). on ratification and second convention, 1. 336, 2. 89, (96 n.), 469, 479, 561, 564, 6]1, (634). on term of representatives, 1. 360, (365). on payment of representatives, 1. 372, (377), 2. 564. on rotation in Senate, 1. 408, (415). on prayers in Convention, 1. 452. on equal rights of new states, 1. 534,

sso. committees: apportionment, 1. 53 8, (542); detail, 2. 97, (106), 4· 72, S. 195, 196. interstate comity, 2. 445, (448).

GENERAL INDEX on apportionment, 1. 56 I, 567, 570, 579 , 6o3, 2. 563. on slave representation, 1. 594· on appointments, 2. 43, 8 I, 40 5, 406 on inferior courts, 2. 46. on reeligibility of executive, 2. 54· on his impeachment, 2. 67, 563. draft for basis of detail, (2. I37-I50), 4· 37-51, S. I83-I93· on meeting of Congress, 2. I99, 200. on control of money bills, 2. 230, 232234, (243), 262, 273, 278, 280. on filling Senate vacancies, 2. 23 I, (242). on citizenship of congressmen, 2. 237, 239, 268. on compelling attendance in Congress, 2. 253· on expulsion of congressmen, 2. 254· on yea and nay vote, 2. 255. on "entering dissent," 2. 255. on congressmen and office, 2. 290, 491. on veto, 2. 304, 563, 587, 6o8. on bills of credit, 2. 3 IO. on wording clause on crimes, 2. 3 I 5, 3I6. on domestic violences, 2. 3 17' s63. on definition of treason, a. 345, 347· on export duties, 2. 363, 563. on slave trade, 2. 374· on assumption of Confederate and state obligations, 2. 377, 400, 4I4. on control of militia, 2. 387. on treaty-making power, 2. 393· on removal of judges, 2. 429. on their payment, 2. 430. on interstate comity, 2. 448, 488. on two-thirds vote for commercial laws, 2. 452, 563. objections to Constitution, refusal to sign, 2. 452, 489, 560, 563, 63I, (634), 644, 645, 647, 649· on judging privileges of congressmen, 2. 503. fears monarchy and aristocracy, 2. 5I 3. on presidential succession, 2. 53 5. on Vice President and Senate, 11. 537. on standing army, 11. 563, 617. on pardon for treason, a. 564, (580), 626, 627. on phrasing of representation clause, 2. 607.

44I

on charters of incorporation, 2. 6 I 5. letters to B. Randolph: (May) on organization, 3· 29; (June-Aug.) on funds and prospects, 3· 36, 57> 74; (June) on successor of Wythe, 3· 49; (Sept.) on probable adjournment, 3· 76; on not signing, 3· 83. favors a second convention, S. 290. Jefferson's correspondent (Oct.) on Randolph's attitude, 3. 104. letter (Oct.) to speaker of Virginia House on not signing, 3· I23. Madison (Oct.) on objections, 3· I35· letters: from Washington (1788) against second convention, 3· 242; from Madison (1788) on assumption, 3· 297· in Virginia convention: on refusal to sign and later support, 3· 307, 337; on powers and actions of Convention, 3. 308; on assumption of Confederate obligations, 3· 308; on ratification, 3· 308; on jury trial, 3· 309; on character of objections to Constitution, 3· 309; on taxation, 3· 309; on security of religious freedom, 3· 310; on appellate jurisdiction, 3· 3 IO; on President's power to adjourn Congress, 3· 3I2; on militia, 3. 3 I 9; on nobility and foreign gifts, 3· 327; on ex post facto laws, 3· 328; on reeligibility of President, 3· 329; on no power to abolish slavery, 3· 334; on regulation of commerce, 3· 334· letter from Madison ( 17 88) on notes of speech on Virginia plan, 3· 358. Genet's edition (I8o8) of Yates' notes on presenting Virginia plan, 3. 410, 4II. Madison (I826, I833), on intention as to "national" government, 3. 4 73, 475, 524, 530. at Annapolis Convention, 3· 545· Randolph resolutions. See Virginia plan. Ratification, resolution of Continental Congress, 3· I4.

442

GE:-JERALINDEX

Ratification (continued) by Congress and conventions, in Virginia plan, 1. 22, (28). discussed in committee of the whole, 1. (118), I22, I23, (I26-I29). sufficiency of, by portion of states suggested, 1. I23, (I27), 179, (I83). plan voted in committee, 1. (209), 2I4, (220). in report of Virginia plan, 1. (227), 232, (237). expectation, 1. 249, 253, (264, 267), 283, 29I, (30I), 336, 338, (345, 349), 374> (379), 432, 445, (453), 492, (SOI), 528, 529. right of, by portion of states discussed, 1. 250, (258, 264, 274), 3I4, 455, 2. 9G-92. effect, under New Jersey plan, 1. 317, (326). effect of excising "national" from draft, 1. 335, 336. by conventions or legislatures discussed, report voted in convention, 1. 379, 437, 2. (84, 85), 88-94, (96). by one general convention suggested, 2. 93, [4. 4J. as referred to committee of detail, 2. I33· in its notes, 2. I36, (I48, I49), ISI, I60, 174, 4· 49, so, s. I9I, I92. sufficiency, by portion of states, in its report (XXI), 2. I89. by Congress and conventions, in its report (XXII), 2. I 89. attitude of Maryland delegates, 2. 2 I I, 2 I2. number of states necessary, discussed and 9 voted, 2. 468, 469, (47I, 472), 475-477> (482). operation only on ratifying states added, 2. (47I), 475· method discussed, approval by Congress excised, and by conventions voted, 2. (472), 475-479, (482). amendments by state conventions and second convention rejected, 2. 479, 56 I, 564, 63 I-633, (634). reconsidered, elimination of Congress affirmed, contingency in sufficiency of 9 states rejected, 2. (556), 559-563.

as referred to committee of style, 2. 579· sufficiency of 9 state conventions reported as part of Constitution, 2. 603. method reported in separate resolve, 2. (6o4), 6o8, (665). in Constitution, 2. 663. in Hamilton's unpresented plan, 3· 630. Otto (June, July) on plan for ratification by IO state conventions, 3· 4I, 63. Gilman (July) on plan, 3· 66. North Carolina delegates (Aug.) on action by Congress, 3· 68, 72. Spaight's hint (Aug.) of plan without unanimity, 3· 68. Madison (Sept.) on probability, 3· 78. Gilman (Sept.) on hopes, 3· 82, [4. 6]. Washington (Oct.) on hopes, 3· I04. Randolph's stand (Oct.) for amendment and second convention, 3· 125-I27. Ellsworth (Nov.) on conventions, 3· IJ7. L. Martin's objections, 3· (I 59), 227230, 273, 288. Washington's opposition (1788) to amendment before ratification, 3· 242. Madison ( 17 88) on sufficiency of 9 states, 3· 257. Gerry (1788) on same, 3· 299. Randolph (1788) on same, 3· 308. Spaight (1788) on same, 3· 351. Madison (I82I-34) on influence of conventions on interpretation of Constitution, 3· 450, 474, 5I8, 534· using Franklin's convention addresses, 4· 78-80, s. 279, 285, 289. See also next title: Address; Introduction. Ratifying conventions, extracts from debates: Pennsylvania, 3· I37-I44, I5 479). Hamilton's speech, 1. 465, (472, 477, 479). Virginia plan report for House, voted, 1. (460), 468, (474, 477).

445

Ellsworth's motion and speech for equal vote in Senate, 1. (460), 468, (474, 477), 484, (495). debate on basis in Senate, 1. 468-470, (474-476, 478), 482-493, (494so8), S. 131-140, 146--150. property basis, 1. 469, (475), 529, 533, 534, (536), 541, 542, (558), 559-562, (564), 570, 575, 582-586, 589, 603-606. Wilson's speech, 1. 482, (494, 503). Madison suggests full slave, in Senate, 1. 486, 562. Wilson's proposal on Senate, 1. 48 8, (499, sos). Franklin's compromise, financial bills, 1. 488, (498, sos), 507. Bedford's speech, 1. 490, (500). equal state vote in Senate, rejected, 1. (509), 510, (516). Pinckney's plan for classification of states and apportionment of Senate, rejected, 1. 511, (520). grand committee to consider, discussed and appointed, 1. (509), 511-516, (5 17)· Randolph on equal state vote on executive as check on proportional, 1. (514), 519. meeting and compromise report of committee, 1. 522-524, (526). basing on contributions, rejected, 1. (525), 534· debate on compromise, 1. 526--534, (535-537), 542-553, (553-556). Sherman's suggestion of mixed vote in Senate, 1. 526 n. money-bill feature of compromise, voted, 1. (538), 547· equal state vote in Senate, voted, as part of compromise, 1. (549), 550, 551. report on, in House referred to special committee, 1. (538), 54o-542. report on original apportionment and basis of change, population and wealth, 1. (557), 559· original apportionment, discussed and recommitted, 1. (558), 559, 560, 562. report on basis of change, discussed and voted, later amended, 1. (558), 56o562, (599), 603, 6o6.

GEKERALINDEX Representation in Congress (continued) second report on original apportionment, discussed and voted, 1. (563, 564), s66-s7o, 572-574. periodic census, with three-fifths of slaves, as basis, discussed and rejected, 1. (564), 570, 57 I, (57 5, 576), 578-588. apportionment and direct taxation on basis of census, with three-fifths of slaves, proposed, discussed, and voted, 1. (589-59I), 59I-597, 6036o6. equal vote in Senate, reconsidered, apportionment discussed and rejected, 2. (I), 5-II, (I2). compromise as amended, voted, 2. I 3, I4, (IS), I9. Randolph's unpresented compromise suggestions, 2. 17, 3· 55. finality of compromise, 2. 17-20, 25. compromise and powers of Congress, 2. J7, 25. two senators from each state, per capita vote, proposed and voted, 2. 5, (85), 94, 95· proposal to remove association of, and direct taxation, 2. I06, (605), 607, 6o8. plan as referred to committee of detail, 2. I30, I3 I. in its notes, 2. (I39, J4I, I43), I53, I54, I64, I65, I68, 4· 39, 4I, 43, S. I84, I86. in its report (IV. §§ 3, 4, V. § I, VII. § 3), 2. q8, J79, I82. report as to House, amended and voted, basis on free inhabitants only, rejected, 2. (2I3, 2I4), 2IC)-223. report as to Senate, voted, 2. (228), 232-234· report as to direct taxation amended and voted, 2. (339), 350, (35I, 352), 357, (365). suggested limiting large state share in House, 2. 356. increase in House rejected, 2. (547), 553, 554, 612, 623, 624. as referred to committee of style, 2. s66, 57I. in its report, 2. 590, 591. verbal amendment, 2. (605), 607.

equal state, in Senate protected from amendment, 2. 630, 63 I, (634). Mason's objections, 2. 63 8. maximum ratio made one in 30,000, 2. 644. (649), s. 305. in Constitution, 2. 65I, 652, 663. in Hamilton's unpresented plan, 3· 620, 621. Washington Quly) on small-state demands, 3· s6. report (Sept.) of North Carolina delegates, 3· 83. and of Connecticut delegates, 3· 99· Randolph's opposition (Oct.) to equal, in Senate, 3· I27. Madison (Oct.) on problem, 3· I35· Ellsworth (Nov.) on ratio, 3· I43· McHenry's explanation, compromise (Nov.), 3· I46, I47· L. Martin (Nov.) on struggle andresult, 3· (I5I-I56), I74-I9I, I97200.

Wilson (Nov.) on ratio, 3· I 59· Baldwin (Dec.) on main idea, 3· I69, J70. C. Pinckney (1788) on struggle, 3· 249· C. C. Pinckney (1788) on basis, 3· 253· King (1788) on basis, 3· 255. Strong (I788) on basis and ratio, 3· 260. Massachusetts delegates (1788) on original apportionment, 3· 26I-263. Gerry (1788) on money bills in compromise, 3· 263-267. Dickinson (1788) on reason for Senate provision, 3· 304. Hamilton (1788) on compromise, slave, and ratio, 3· 333, 336. Lansing (1788) on struggle, 3· 335· Davie (1788) on compromise and slave, 3· 340, 342, 343· Spaight (1788) on apportionment and basis, 3· 343, 352. Sherman (I789) on ratio, 3· 358. Baldwin (I79I) on basis, 3· 364. Gerry (I 79 I) on compromise, 3· 364. Williamson (1792) on ratio, 3· 365. Washington and apportionment bill (I792), 3· 366. King (I803) on slave, 3· 399, 400.

GENERAL INDEX Dayton and Morris (I 803) on compromise, 3· 400, 404. Genet's edition (I 8o8) of Yates' notes on struggle, 3· 4IG-4I6. Few (I8I6) on struggle, 3· 423. King and C. Pinckney (I 8 I 9) on slave, 3· 428-430, 439-442. Madison: (I 8 I 9) on attempt to limit western, 3· 438; (I 8 2 I) note on his speech on personal and property, 3· 45G-455; (I828) on contest, 3· 477· report (I 825) of Dayton's recollections of crisis, 3· 467-473. Dickinson's claim to originating compromise, 3· 554· Bancroft on small states and compromise, 4· 88, S. 322. See also Apportionment; Direct Taxation; Election; Money bills; Slave representation; West. Reprieves. See Pardons. Republican government, guarantee to states, in Virginia plan, 1. 22, (28). considered in committee of the whole, amended, and voted, 1. (I 17 ), I 2 I, (I26, I93, I94), 202, 206. in report of Virginia plan, 1. (227), 23 I, (237). amended and voted in convention, a. (39), 47-49· as referred to committee of detail, a. I33· in its notes, a. (I48), I5I, 174, 4· 49, s. I9!. in its report (XVIII), a. I 88. report voted, a. 459, 46I, (470). as referred to committee of style, a. 578. in its report, a. 602. in Constitution, a. 662. in Hamilton's unpresented plan, 3· 630. in Randolph's suggestions for conciliating small states, 3· 56. place in Constitution, 3· 256. Madison (I836) on need of clause, 3· 548. and majority rule, 4· 49, S. 191. Requisitions, inefficiency and defaults, 1. I8, 3I5, 3I6, (326, 330), 437, 485, 487, (497), 498, (504), 3· 30, 26I, 542, 547, 548.

447

collection in Pinckney plan, a. I36, 3· I I9, (6o8). quota, 1. I90, a. 358. basis and collection in New Jersey plan, 1. 243> (247), 286, (297, 303)· and taxation in Sherman's proposals, 3· 6I6. expected use under new government, 1. 34I, (352), a. I I, 26. statistics of quotas, 1. 574· proposed basis for settling past, a. 353, (357). proposal to continue use, rejected, a. (354), 359· attitude of Rhode Island merchants, 3· I9. L. Martin (Nov.) on attempt to preserve, 3· 205, 284. See also Taxation. Reserved powers of states, in Pinckney plan, a. I35, (3. 607). in Randolph's suggestions for small-state conciliation, 3· 56. doctrines, 3· 254· tenth amendment, 4· 95· See also Division of powers; Police powers; Powers of Congress; Prohibitions on Congress; States. Reserved rights of people. See People. Residence, executive to reside where Congress meets, in Pinckney plan, a. I58, (3. 6o6). 2 I years an inhabitant as qualification of executive, reported, a. 367. I4 years a resident, reported, a. (494), 498. and voted, a. (532), 536. separate state residence in electoral vote, reported, a. (494), 498. and voted, a. (5 I9), 528. clauses on residence as referred to committee of style, a. 573, 574· in its report, a. 597, 598. in Constitution, a. 658, 659. See also Inhabitance. Resignations. See Vacancies. Resolutions of Congress, subjection to veto, proposed and rejected, a. (295), 3oi, [4. 5]. proposed and voted, a. (303), 304, 305.

GENERALI!\DEX Resolutions of Congress (continued) as referred to committee of style, 2. 569. in its report, 2. 594· in Constitution, 2. 655. Retrospective laws. See Ex post facto. Revenue, federal, jurisdiction over cases, in Pinckney plan, 2. 136, (3. 6o8). chiefly from indirect taxation, 1. 133, (143), 197, 286, (297), 2. 277federal jurisdiction over cases: in committee of the whole, 1. (223), 232, (238); in report of Virginia plan, 1. 23 1, (237); in New Jersey plan, 1. 244, (247, 2. I 57); absorbed in general provisions, 2. (3 9), 46. prohibition on perpetual, proposed and committed, 2. 322, (326), 327, [4. 57]. prohibition on preference in regulation, proposed and committed, 2. (410), 417, 418. reported and voted, 2. (434), 437, (473), 480. from state duties to go to federal treasury, proposed and voted, 2. (437), 442, (444). preference and state duties clauses, as referred to committee of style, 2. 571,

sn in its report, 2. 596, 597· in Constitution, 2. 657. See also Finance; Money bills; Receipts; Taxation. Revolution. See American Revolution. Rhode Island, attitude toward Convention, 1. 9, (12, 13), 3· IS, !8, [4. 6], 3· 28-30, 35, 37, 47, [4. 6], 3· 51, 53, 76, 546. conditions, 1. 133, 2. 467, 3· 15. popular election of delegates to Old Congress, 1. 314. condition in case of disunion, 1. 3 2 7. in Confederation, 1. 479, 496, (504). original number of representatives, 1. 557, (559), 563, (s66), 2. (12), 13, (15), 511, 623, 624. proposed apportionment of senators, 2. I (5, I 2).

government, 2. 28, 42, 47· proposed number of executive electors, 2. 58, (6o), 63. influence on plan of ratification, 2. 90, 562, 3· 308. expected to ratify, 3· 105. commercial relations, 3· 328, 519. See also New England; North; States. Rice, as staple, 1. 510, 2. 360, 363, 449, 3· 365, 4· 25, S. 103. Riders in money bills, 2. 273, 275, 276. Rights. See Bill of rights. Ritchie, Thomas, letter from Madison, 3· 447· Rives, William C., letter from Madison, 3· 52 I. Roane, Spencer, letter from Madison, 3· 435· Robertson, James, letter from Madison, 3· 497· Rodney, RichardS., acknowledgment to, 4·

X.

Rollin, Charles, Ancient History cited, 1. 459· Rome, tyrannies, 1. 74, IJS, 465, (472), 2. JOO. tribunes, 1. 15I, ISJ, (158, 159), 424, (432). imperial government, 1. 157, 290, 323, (328), 329, (330), 4· 36, s. I I 8. triumvirates, 1. 254, (261, 272). commercial cause of wars, 1. 307, 448, (456). slavery, 2. 37 I, 372. Rosenbach, AbrahamS. W., acknowledgments to, 4· ix, 75 n. Rotation in Senate, one-fourth annually, in Pinckney plan, 2. IJS, 3· 25, 110,(6os). in Hamilton plan, 1. 309. various periods, proposed, discussed, and one-third biennially voted, 1. (396), 408, (4I5, 416, 4I8), 42I426, (430-433, 435). one-fourth annually again proposed, 1. (SII, 516), 520. as referred to committee of detail, 2. I29. in its notes, 2. (141), 154, 165, 4· 4I, S. 186.

GENERAL INDEX on-third biennially, started by lot, in its report (V. § 2), 2. 179· report amended verbally and voted, 2. (228), 235' (24J). as referred to committee of style, 2. 567. in its report, 2. 591, [4. 6]. "by lot" struck out, 2. 612. in Constitution, 2. 652. McHenry's explanation (Nov.), 3· 147. Lansing on (1788), 3· 337· Rowland, Kate M., acknowledgment to, 1. ix. Rules of Convention, committee to report, 1. 2, (4, 14). reported and adopted, text, 1. 7-9, (1o-14). additional, proposed, reported, and voted, 1. 10, (13), 15, 16, (17). Rules of procedure in Congress, each House to determine, in Pinckney plan, 2. rs8, (3. 6os). in notes of committee of detail, 2. (140, 142), 156, r66, 4· 41, 43, S. 185, I 87. in its report (VI. § 6), 2. 1 So. report voted, 2. (246), 254, (256). as referred to committee of style, 2. s67. ain its report, 2. 592. in Constitution, 2. 653. C. Pinckney on (Oct.), 3· 112. Rush, Benjamin, letters on Convention, 3· 33.4·75· Russell, William, letter to Convention, 3· 19. Rutherford, Samuel, cited, 1. 438, (440). Rutledge, John, delegate from South Carolina, 3· 559· credentials, 3· 58 I. Pierce on, 3· 96. French character sketch, 3· 238. arrives, 3· 20. lodgers at Indian Queen, 3. 58. attendance, 1. r, (3, 5), 3· 590. seconds Washington for President, 1. 3. conducts him to chair, 1. (2), 3· and chairmanship of committee of the whole, 1. 29 n. on enumeration of powers, 1. 53, 2. 17·

449

on single executive, 1. 65, (70), 79, (88). aon election of executive, 1. 69, 2. 57, 401, 51 I, 515. on election of representatives, 1. 118, (124), IJO, (132), 359, (364). on appointment of judges, no inferior courts, 1. (118), 119, 124, 127, (1 28). on election of senators, 1. 156. favors proportional representation, accepts compromise, 1. 163, (169), 192, 2. J, 19. on basis of representation, 1. 193, 196, (200, [4. 4]' 1. 204, 207), 436, 534. (536), s6o, (572 n.), 582. on payment of senators, 1. 2 11, ( 2 19). on term of representatives, 1. 214, (220). moves recommitment of Virginia plan, 1. 241. on payment of representatives, 1. 378. on their ineligibility to office, 1. 386, (390), 392, (394). on New Hampshire delegates, 1. 48 1. committees: representation, 1. 509, (5 r6, 520); apportionment, 1. 538, (542), 558, 562, (2. 12); detail, 2. 97, ro6, 4· 72, S. 195, 196. bankruptcy, interstate comity, ll. 445, (448), 483, (484). on original apportionment, 1. s66. on size of House, 1. 570. and new states, 1. 582. on control of money bills, 2. 3, 279, 297· on republican guarantee, 2. 48. on justices and veto, 2. 80. notes of committee of detail, 11. 137 n., 163n., 4· 37n., S. 183n. presents its reports, 2. 176, (177, 190), 366, (37 s). on meeting of Congress, 2. 200. on qualifications of electors of representati·;es, 2. 205. on qualifications of congressmen, 2. 217, 218, (225), 239. 249. 251, 270. on regulation of congressional elections, 2. 240. on journals, 2. 259·

450

GENERAL INDEX

Rutledge, John (continued) objects to postponements and delays, a. 30I, 328. on export duties, 2. 306. on slave trade, 2. 306, 364, 373, SS9· on sinking funds, 2. 326. on assumption of state debts, 2. 32 7. on wording of implied powers and establishment of offices, 2. 34S. on bills of attainder and ex post facto laws, 2. 376, 440. on supreme law, 2. 389. on veto of state laws, 2. 39 I. on Senate and controversies between states, 2. 400. on removal of judges, 2. 428. on wording of federal jurisdiction, 2. 43 I. on habeas corpus, 2. 43 8. on vote on commercial laws, 2. 4S2. on western claims, 2. 462, 46s. on treaty-making power, 2. S49· on ratification, 2. 56J. on suspension pending impeachment, 2. 6I2. on appointment of treasurer, 2. 6 I 4· on address to the people, 2. 62 3. on presidential emoluments, a. 626. signs Constitution, 2. 66 S. Ellsworth (I80I) on, as real framer, 3· 397· Ryden, George H., acknowledgment to, 4· ix. St. Clair, Arthur, letter from Collins, 3. 76. Salary of congressmen, liberal stipend, in Virginia plan, 1. 20. paid out of common treasury, in Pinckney plan, 2. I3S, (3. 6os). "liberal" struck out in committee of the whole, "fixed" and payment out of national treasury added, 1. (2IO, 2II), 2I5, 2I6, 219, (221, 222). proposal of no salaries for senators rejected, 1. (21 1), 2I9, (222). in report of Virginia plan, 1. 228, 229, (235). of representatives discussed, payment by states and out of national treasury and power of Congress to fix amount rejected, "adequate" substituted for

"fixed," 1. (369, 370), 371-374, (377-379, 383), 38S, (39I), s. 109, IIO. of senators discussed, no salary, payment by states, and out of national treasury rejected, "to receive compensation" voted, 1. (418), 426-428, (433, 434), S. I 20. as referred to committee of detail, 2. I 29. in its notes, wheat basis suggested, 2. (I40, I42), IS6, I66, 4· 4I, 42. in its report, ascertained and paid by states (VI.§ 10), 2. I80. discussed, national payment and power of Congress to fix substituted, attempt to fix rejected, 2. (282), 29o--293, (293). Randolph and Gerry's objections to power of Congress, 2. s64, 633, (63s). as referred to committee of style, 2. 568. in its report, a. 593· in Constitution, 2. 6 S4· Randolph's criticism (Oct.), 3· I27. McHenry's explanation (Nov.), 3· 148. L. Martin's objections (Nov.), 3· (I 55), I94· Henry's objections and Madison's reply (q88), 3· 3I2-3I6. See also Appropriations; Money bills. Salary of executive, fixed, without change during term, in Virginia plan, 1. 2 I, (63). "on permanent principles," in Pinckney plan, 3· III, (606). Franklin on no salary, 1. (77, 78), 8 ISs, (89, 9I). "fixed stipend," in report of Virginia plan, 1. 230. fixed, without change during service, payment out of federal treasury, in New Jersey plan, 1. 244, (247). fixed, out of public treasury, voted in convention, a. (6I), 69. as referred to committee of detail, a. (I I6, I2I, I32), I34· in its notes, a. (I46), 172, 4· 46, 47, s. I90. compensation without change during term, in its report (X.§ 2), a. I8S.

GENERAL INDEX exclusion of other emoluments, proposed and committed, 2. 335, (34I). as referred to committee of style, 2. 57 5· without change during term in its report, 2. 599· verbal change, 2. 621. no other emolument, again proposed and voted, 2. 626. Mason's proposal to substitute "person" for "period," (2. 636), 4· 6o, S. 269. in Constitution, 2. 659. Madison (1788) on prohibition of increase, 3· 332. See also Appropriations; Money bills. Salary of judges, fixed, without change to person, in Virginia plan, 1. 22. voted in committee of the whole, 1. (116), I2I, (I26). in report of Virginia plan, 1. (226), 230, (237). national payment, voted, 1. 238. in New Jersey plan, 1. 244· permanent salaries, in Hamilton plan, l. 292. fixed, without diminution to person, voted, increase allowed, 2. (38), 44, 45· as referred to committee of detail, 2. I32· in its notes, (2. I46), I72, 4· 47, S. I90· in its report (XI. § 2), 2. I86. prohibition of other emolument, proposed and committed, 2. 335, 341. report voted, prohibition of increase rejected, 2. (423), 429, 430, 4· 47, 54, s. I90. as referred to committee of style, 2. 57 5· in its report, 2. 6oo. Mason's objections to increase, 2. 637, 4· 6o, S. 270. in Constitution, 2. 660. Madison (1788) on increase, 3· 332. See also Appropriations; Money bills. Salary of presidential electors, proposed, 2. (7I), 73· Savannah Georgian, Pierce's notes, 3· 494,

[4·

7l·

45I

Scotland, choosing of judges, 1. I 20, (128). representation, 1. I98, (205). union with England, 1. 493, (502, 507). See also Great Britain. Scott, James Brown, edition of Madison's Notes, 4· x, I I. Seal. See Great seal. Search warrants, fourth amendment, 4·

sos,

94· Seat of government. See Capital. Secession, and ratification by state legislatures, 2. 88, 91. and violation of articles of union, 2. 93· See also Union. Second amendment, text, 4· 93. Second convention, proposal, rejected, 2. 479, 56I, 564, 63I-633, (634). Randolph (Oct.) on proposal, 3· I25. Washington's opposition (q88), 3· 242, 270. Madison's opposition (1788), 3· 354· Secrecy of Convention proceedings, motion for, 1. 9, IOn., (I3). in rules, 1. IS, (q), S. 4I, 42. Franklin's forgetfulness, 1. (6o6n.), 3· 59· delegates not allowed copies of adopted resolutions, 2. 107, (IIS). appointment of committee of detail made public, 2. I28 n. lifted, 2. 6 Mason (June) on reason, 3· 33· Dane (June) on importance, 3· 48. violated by delegates, 3· 48, 66, 4· 64, 6s, 7I, 73, s. 46, 47, 175, 236. A. Martin (July) on necessity, 3· 64. Jefferson (Sept.) disapproves, 3· 76. anecdote of dropped paper, 3. 8 6. L. Martin (Nov.) on rule, 3· I5I, J73, I9I. Hamilton (1792) on continuing, 3· 368. Madison (1796) on Washington's message as violating, 3· 372. Madison (I830) on reason, 3· 479· later use of Franklin's speeches, 4· 7 88o, S. 279, 285, 289. See also Records. Secrecy of journals of Congress. See Journals.

so.

GE:'\ERALI~DEX

452

Secretaries. See Cabinet; Council. Secretary of Convention. See Jackson, William; Journal; Votes. Secretary of the executive, duties of proposed, 2. 336, (343). Sectionalism, economic differences, 4· 25, s. !OJ. See also Middle states; New England; North; Slavery; South. Securities of government, power to punish counterfeiting, proposed and voted, 2. (JI2), JI5, JI6, 4· j2, S. 209. as referred to committee of style, 2. 570. in its report, 2. 595. in Constitution, 2. 655. See also Debt. Sedgwick, Theodore, jr., letter from Madison, 3· 496, [4. 7). Seminaries, power to establish, proposed and committed, 2. 322, (325). Senate, war power in Hamilton plan, 1. 292, (300), 3· 622. C. Pinckney on basis, 1. 397-404, (4IG-4I 2), 3· I IO. Madison and Hamilton on purpose, 1. 42I-424, 427, (430, 432, 434, 435). and foreign relations, 1. 426, (433). trial by, of cases between states and on land grants of different states: in notes of committee of detail, 2. I6o-I6J, qo, I7I; in its report (IX. §§ 2, 3), 2. I8J-I85; struck out, 2. (396), 400, 40I, (406). right of senators to enter dissent, proposed and rejected, 2. (246), 255. as aristocracy, 2. 286, 522, (530), 3· I OJ.

importance, objection to separate powers, 2. 290, 293, 297, 638, 3· I62, I66, 358. Gerry's objection to reeligibility, 2. 635· Lansing and Hamilton (q88) on basis, 3· 337· Wilson, on representation in, S. 57, 58, 59· Madison (I830, I834) on contest over, 3· 483, 534· See also Adjournment of separate Houses; Appointment to office; Atten-

dance; Bicameral Congress; Congress; Election of executive; Election of senators; Impeachment; Journals; Legislation; Number of senators; Oath; Office, ineligibility; Officers of Congress; Per capita vote; Privileges of congressmen; Punishment; Qualifications; Quorum; Representation; Rotation; Rules; Salary of congressmen; Sessions, extra; Style of federal legislature; Term; Treaty-making power; Vacancies; Vice President; Yea and nay vote. Separation of powers, implied, in Virginia plan, 1. 20, 2I, (27, 28). motions and discussions in committee of the whole, principle voted, 1. (30), 33-35' (39-4I' 57). independence of executive, 1. 65, 66. advocated, 1. 86, 4· 36, S. II8. and association of judiciary in veto, 1. 95. 97. 98, 104, (105, 106, I08), I IO, I39· and election of executive by Congress, 1. 68, so, 175, 2. 29, 30, 56, 57, 102-105. separation of purse and sword, 1. I 39, (I44, I46). principle in report of Virginia plan, 1. (225, 228), 235· in New Jersey plan and notes, 1. 244, 3· 6I2, (6I3). in Old Congress, 1. 256, (262, 273). implied in Hamilton plan, 1. 29I, 292, (300). principle voted in convention, 1. (334), 335' 336. and impeachment of executive, 2. 66. fear of congressional usurpation, 2. 74, 299, JOO, 407, 428, 429, 551. principle, as referred to committee of detail, 2. I 29. in its notes, 2. (I38), I52, I6J, 4· 38, 39. S. I 84. in its report (II), 2. I77. report voted, 2. (I9J), I96, (209). and Vice President as president of Senate, 2. 537· principle, as referred to committee of style, 2. 565. in Hamilton's unpresented plan, 3· 6I9. Caswell's desire for Quly), 3· 63.

GENERAL INDEX

C. Pinckney on, 3· 10S, 249, 376, 3Ss. Gerry (Oct.) on lack, 3· 12S. Davie on (17SS), 3· 340, 341. Madison on (1S33), 4· S6, S. 319. See also Congress; Executive; Impeachment; Judiciary; Veto. Servants. See White servants. Sessions of Congress, extra, right of executive to call, in Pinckney plan, 2. 15S, (3. 6o6). in notes of committee of detail, 2. (146), J7I, 4· 47, S. 189. in its report (X. § 2), 2. 1S5. report amended to permit calling either House, 2. (547), 555· as referred to committee of style, 2. 574· in its report, 2. 600. in Constitution, 2. 66o. See also next title. Sessions of Congress, regular, in notes of committee of detail, 2. 135, 163. annual, with fixed date, in its report

(III), 2. 177· report discussed, amended to permit change in date, and voted, 2. (193, 194), 197-200, (2o6, 209). as referred to committee of style, 2. 565. in its report, 2. 592. in Constitution, 2. 653. in Hamilton's unpresented plan, 3· 62S. McHenry on (Nov.), 3· 14S. twentieth amendment, 4· 101. See also preceding title; Adjournment. Seventeenth amendment, text, 4· 100. Seventh amendment, text, 4· 95· Shays Rebellion, references, 1. IS, 4S, 31S, 406,423, 2. 317, 332n. influence, 3· 547· Sheffield, John Holroyd, earl of, pamphlets mentioned, 2. 360. Sheriff, in England, 1. S4. Sherman, Roger, delegate from Connecticut, 3· 557, S. 4 n. credentials, 3· 5S5. Wadsworth's opinion, 3· 33· Pierce on, 3· 88. French character sketch, 3· 234· attendance, 1. 29, (33, 3S), 3· 553, 590.

453

favors amendment of Confederation, 1. 34, (334), 341, (347, 350, 352), 4S7, (49S, 505). on election of representatives, 1. 4S, (57), 133, (142), 359, (364). on election of senators, 1. 52, 59, (!4S), 150, 154, (157). favors equal state vote in Senate, supports compromise, 1. 52, (193), 196, 201, (204), 234, 343, 450, [4. 4·), 1. (457), 5II, (517), 526n., 550, 553, (555), 2. 4, 5, 220, 223, 356, 510. on general powers of Congress, 1. 54, 59, 2. 21 n., 25, s. 56. on character of executive, 1. 65, (70). on election and reeligibility of executive, 1. 6S, 2. 29, 33, 401, 499, 512, 514, 522, 527. on term of executive, 1. 6S, 2. 33· on removal and impeachment of executive, 1. 85, 2. 551. on single executive and council, 1. 97, (105). on veto, 1. 99, 2. 300, 305, 5S5. on inferior courts, 1. IIS, (124), 125, 2. 46. on ratification, 1. 122, 2. 46S, 475, 477> 56!. on veto of state laws, 1. 166, a. 27, 2S' 390. on oath of state officers, 1. 203. on term of representatives, 1. 2 I 4, (220), 362, (365)· on term of senators, 1. 21S, (222), 409, 423, (431). on appointing power, 1. 224, 23 2, 2. 41, 43, 44, 405, 406, 627. on control of money bills, 1. 2 34, 2. 510. proposals associated with New Jersey plan, 3· 615, 616. seconds commitment of that plan, 1. 241. possible speech, 4· zon., S. lOOn. on payment of congressmen, 1. 373, (377), 2. 29!. on congressmen and office, 1. 3S6, 3S7, 390, (391, 393), a. 287, 490. seconds motion for prayers, 1. 452. committees: representation, 526 n.;

454

GENERAL INDEX

Sherman, Roger (continued) apportionment of representation, 1. 558, (562); assumption of state debts, 2. 322, (328); commercial discriminations, presents report, 2. 410, (4I8), 434, (437); remaining matters, 2. (473), 481. on original basis, ratio, and change of apportionment, l. 559, s6o, s69, 578, 582, s86, 2. 22I, 553, 623. on direct tax before first census, 1. 602. on representation of new states, 2. 3, 454· on per capital vote in Senate, 2. 5, 4· 88, s. 322. on continued use of requisitions, 2. I I, 26. on mutual negative of houses of Congress, 2. I96. on meeting of Congress, 2. I99· on qualifications of representatives, 2. 2I6, 270. on slave representation, 2. 220, 223. on regulation of congressional elections, 2. 241. on yea and nay vote, 2. 255. on journals of Congress, 2. 260. on export duties, 2. 306, 308, 36I, 374· on appointment of treasurer, 2. 3 I 4, 6I4. on war power, 11. 3 I 8. on assumption of state debts, 2. 327, 356. on regulation and control of militia, 11. 33I, 332, 385, 386, 388, 426. on treason, 11. 349· on basis of settlement of Revolutionary accounts, 11. 357· on slave trade and impost, 11. 369, 374, 4I6, 4'7· on Senate trial of state controversies, 2. 401. on purpose of tax power, 2. 4I4. on avoidance of term "slaves," 2. 4 I 5. on pardoning power, 2. 4I9. on removal of judges, 2. 428. on jurisdiction over land-grant cases, 11. 43 I. on prohibition of state paper money, 11.

439·

and of laws impairing obligation of contracts, 2. 440. on state embargoes, 2. 440. on state duties, payment into federal treasury, 2. 44I, 442. on fugitive-slave clause, 11. 443. on two-thirds vote for commercial regulations, 11. 450. on admission, 2. 454, 455, 462. on western claims, 2. 46 5. on religious test, 2. 468. on power to regulate bankruptcy, 2. 489. on standing army and permanent appropriations, 2. 509. on Vice President, 2. 53 7. on treaty-making power, 2. 538, 548, 549· on amendment, 2. 558. on bill of rights and trial by jury, 2.

s88. on on on on on

power to cut canals, 2. 6 I 5. freedom of press, 2. 6 I 8. publication of accounts, 11. 6I9. address to the people, 2. 623. concurrent commercial control, 2. 625. on protection of police power and Senate representation from amendment, 2. 629, 630. signs Constitution, 2. 664. report to governor (Sept.), 3· 99· (I788) on congressmen and office, 3· 354· in House: (1789) on amendments, 3· 357: on appointing power, 3· 357, 358; on ratio of representation, 3· 358; on regulation of elections, 3· 359; (I790) on naturalization, 3· 359; on establishment of university, 3· 362; on assumption as implied power, 3· 362; and general welfare clause, 3· 379, [4.

7l· Shipping. See Commerce; Ports. Short, William, letters from Madison, 3· 36, I36. Sicily, slave insurrections, 11. 3 70. Signing of the Constitution. See Federal Constitution.

GENERAL INDEX Sinking funds, provisions for safeguarding, proposed and committed, 2. 322, (325). Sioussat, St. George L., acknowledgment to, 4· viii. Sites. See Federal sites. Sixteenth amendment, text, 4· 100. Sixth amendment, text, 4· 94· Size of executive. See Number of executive. Size of House of Representatives. See Apportionment. Size of Senate. See Number of senators. Slave representation, three-fifths, in Pinckney plan, 2. 135, (3. 6os). three-fifths, proposed and voted in committee of the whole, 1. (193), 201, (205, 206, 208), s. 69, 70. in report of Virginia plan, 1. (227), 229, (236). three-fifths in basis of requisitions in New Jersey plan, 1. 243, (247). Madison on full, in Senate only, 1. 486. discussion in convention, 1. 542, 561, s8o-583, 586-588, [4. 4], 1. 592, 604, s. 150, 158, 159· full rejected, 1. (575), 581, (590), 596. three-fifths rejected, 1. (576), s88. three-fifths in basis of direct tax voted, 1. (591), 597, 2. (13), 15. as referred to committee of detail, 2. 131. in its notes, 2. 154, 169. in its report (IV. § 4, VII. § 3), 2. q8, 183. report discussed and voted, 2. (214), 219-223, (352), 356, 357· as referred to committee of style, 2. s66, 571. in its report, 11. 590. phrasing explained, 2. 607. Gerry's objections, 2. 635, (636). in Constitution, 11. 651. in Hamilton's unpresented plan, 3· 620, 628. report of North Carolina delegates (Sept.), 3· 83. L. Martin's objections (Nov.), 3· (155), 197· C. C. Pinckney on (q88), 3· 253·

455

King on (q88), 3· 255· Hamilton on (q88), 3· 333· Davie on (1788), 3· 342. King ( 1803) on Louisiana Purchase and, 3· 399· King ( 18 19) on, as concession of North, 3· 428-430. C. Pinckney's denial of this, 3· 439442. Slave trade, foreign, slave representation as encouragement, 1. 588, 11. 220, 222. abolition of, proposed, S. 44, 45. protection, in notes of committee of detail, 2. (143), 169, 4· 44, S. 187. prohibition or duty forbidden, in its report (VII. § 4), 11. 183. report discussed and recommitted, a. 220, 222, (354), 364, (366), 369374), (378). compromise report, duty, prohibition after 1800, 11. (3 96), 400. discussion, 1808, limited duty, voted, a. (408, 409), 414-417, (446). avoidance of term, II. 415, 416, (4. 5]. compromise with navigation laws, 11. 449n. provision against amendment before 1808 voted, 2. (555), 559· as referred to committee of style, 11. 571, 578. in its report, 11. 596, 602. phrasing amended, a. 610n. Mason's objection to protection, a. 640. in Constitution, 11. 656, 663. Madison (1787-88) on problem, 3· 135. 324-326. McHenry's explanation (Nov.), 3· 149· Wilson (Dec.) on phrasing and meaning, 3· 160. Ellsworth on (Dec.), 3· 165. L. Martin (Nov.) on objections and compromise in committee, 3· 21o213. C. C. Pinckney (1788) on compromise, 3· 253. 254· Mason (1788) on compromise, 3· 334, 367. Spaight on (q88), 3· 346. Madison (1789) on duty, 3· 355· Baldwin (1790) on controversy, 3· 360. Coxe (1790) on proposed memorial to Convention, 3· 361.

GENERALI~DEX

Slave trade (continued) Baldwin and Dayton ( 1798) on clause and regulation of immigration, 3· J76-J79· discussion ( 18 19) on clause as limited to foreign trade, 3· 436-4J9, 442-444. See also Navigation acts. Slavery, L. Martin on, 4· 25, S. IOJ. sectional division due to, feared, 1. 486, 2. !0. provision against emancipation demanded, 1. 592, 6os, 2. 95· G. Morris on economic effects, 2. 2 21. avoidance of term "slaves," 2. 415. interstate protection desired, 2. 44J. Mason on interstate transportation, 2.

6J7· C. C. Pinckney and Randolph (1788) on safety, 3· 254, JJ4· Pinckney (q88) on bill of rights and, 3· 256. C. Pinckney (1821) on understood compact of protection, 3· 443· prohibition, thirteenth amendment, 4· 97· See also Capitation tax; Fugitive slaves; Negroes; Slave representation; Slave trade. Small states. See Large states. Smallwood, William, letter from Mercer, 4· 66, S. IJO. Smith, John B., Henry altercation, 3· 558 n. Smith, Melancton, on President, 3· JJ8. on Lansing-Hamilton controversy, 3· J52. Smith, Samuel H., letter from Madison, 3· 475· Smyth, Alexander, charges against J. Q. Adams, 3· 456-458. Social compact, and coercion of state, 1. 54· Confederation as compact, equal state representation, 1. 250, (258, 274), JI4, 324, (326, 329, J3J), 3J5, 437· (440), 446, 450, (455. 457), 485, (497). and violation of Constitution, 2. 93. Wilson's denial of compact (Dec.), 3· 166. L. Martin (Nov.) on theory, 3· I8II84.

Solon, as law maker,

1.

125,491, 4· J6,

S. 118. Somers, John, baron, cited, 1. 437, (440). South, sectional interests, and disunion, 1. 421, 476, 486, (5!0), 516, 604, 2. !0, 8!, 100, 362, 3· 42, 34J, J46. and original apportionment, I. 566570, 57J· and popular election of executive, 2. 57, I I I.

proposed sectional council, 2. (5JJ), 537, 5J9, 541, 542, (54J), 639· supposed attitude of delegates, 3· 23. their liberal conduct, 3· 66. Williamson (1792) on intended protection against unequal burdens, 3· J65. products, 4· 25, S. IOJ. See also Export duties; Navigation laws; Slave representation; Slave trade; Slavery; States; states by name. South Carolina, delegates appointed, 3· 22, 559· delegates arrive, 3· 20. attend, 1. 2, (J, s). credentials, 3· 581-584. scattered population, 1. 137, (143, 147). and paper money, 1. 137, (143). government, 1. 234, 360, J62, 2. 279, 287, 614, 3· JI7. motion by delegates, 1. J70, (375). peculiar interests, 1. 421. refusal to pay requisition, 1. 4JO. as "large state," 1. 491, (500). commercial relations, 1. 510, 3· 548. original number of representatives, 1. 557, (559), 563, 564, (566, s68), 572-574, 586, 601 n., 2. (12), 13, (15, 213), 219. and export duties, 1. 592, 2. 95· western claim and growth, 1. 604. proposed apportionment of senators, 2. 2, (5, 12). proposed number of executive electors, 2. 58, (6o), 63. distance from seat of government, 2.

59· and slave trade, 2. 222, 364, 370, 371, J7J, 415, 3· 2!0, J25, 346, 4J6. staples, 2. 449· extracts from debates in legislature, 3. 248-257, [4. 7l·

457

GENERAL INDEX and bill of rights, 3· 256. products, 4· 25, S. 103. See also Butler, Pierce; Pinckney, Charles; Pinckney, Charles Cotesworth; Rutledge, john; South; States. Spaight, Richard Dobbs, delegate from North Carolina, 3· 559· credentials, 3· 569. Pierce on, 3· 95· attendance, 1. I, (J, 5), 3· 590. motion on rules, 1. 9, (13). on basis of representation, 1. (31), 36. on election of senators, 1. 51, 52, (58). on term of senators, 1. 21 8. on ineligibility to office, 1. 390. opposes compromise, 2. 15. on election of executive, 2. 95, 99, SIS, 526. on seat of government, 2. 261. on navigation laws, 2. 451. on term of executive, 2. 525. on recess appointments, 2. 540. on treaty-making power, 2. 543· signs Constitution, 2. 66 5. letters: with Caswell (April-July) on allowance, 3· I7, 46, 52; to Iredell Ouly-Aug.) on progress, 3· 54, 68; from Caswell Quly) on federal powers,

3· 6J. report (Sept.) on Constitution, 3· 83. in North Carolina convention: on treatymaking power, 3· 342; on original apportionment, 3· 343; on taxation power, 3· 345, 352; on slave trade, 3· 346; on federal jurisdiction, 3· 349; on trial by jury, 3· 349, 352; on powers and action of Convention, 3· 35 I. Spain. See Mississippi River. Sparhawk, John, and delegateship, 3· 22. Sparks, Jared, journal (1830) on Madion's comments on Convention, 3· 478481. correspondence with Madison ( 183031): on Pinckney plan, 3· 482, 502, 514; on G. Morris in Convention, 3· 497, 498. Sparta, government, 1. 254, (261, 272), 307, 2. 299·

in Amphictyonic League, 1. 448, (456, 458). Speaker of the House, choice, in Pinckney plan, 111. 158, (3. 6os). in notes of committee of detail, 11. I 54, I65. in its report (IV. § 6), 2. 179· report voted, 11. (227), 23 I, (243). as member of proposed council, 11. 367. clause as referred to committee of style, 11.

s66.

in its report, 11. 591. in Constitution, 11. 652. Speech, freedom of, first amendment, 4· 93· See also next title. Speech, freedom of, in Congress, in Pinckney plan, 3· 6os. in notes of committee of detail, 2. I 66. in its report (VI. § 5), 11. I80. report voted, 11. (246), 254, (256). as referred to committee of style, 2. 567. in its report, 11. 593· in Constitution, 11. 654. Stages, regulation of, on post roads, proposed and committed, 11. (322), 326, 328. Stamp duties. See Duties. State, secretary of, duties of proposed, 11. 336, (343). See also Foreign relations. State legislatures, and election of representatives, 1. 48-so, (ss-s8, I3o), I32-I38, (I40-I47, 353), 358-360, (364, 365, 367, 368), 3· 355, 6os. and removal of federal executive, 1. (78), 85-87, (92). and payment of congressmen, 1. 2 I 6, 37I-374, (377-379, 4I8), 427, 428, (433), 2. I56, I66, I80, (282), 290-292, (293), 3· (ISS), I94, 3I3, 3I4. and term of senators, 1. 2 I 9· control of money bills in, 1. 234, 52 7, 544, II. 275, 278, 279· annual elections and meetings, 1. 3 6o, 11. I99, 231. and election of federal executive, 11. (22), 32, (so), 57, 58, (97, 98), 99IOI, (I07), I08-Il2, (493), 497, (sq), 525, 572, 597, 6ss, 3· 459·

GE;>.;ERALINDEX State legislatures (continued) enchroachments on other departments, ~. 74· and division and union of states, ~. 147> 173, !88, (446), 4SS, 4S6, (4S7, 4S8), 461-46s, s78, 602, 628, 662, 3· 629. See a/so Amendment; Constitutionality of laws; Domestic violence; Election of congressmen; Election of senators; Interstate comity; Oath to support Constitution; Prohibitions on states; Ratification; States; Veto of state laws. State sovereignty, under Confederation, 1. 19, 129, (323, 328), 331, 464, 467, 468, (471, 474, 477). and new government, 1. I4S, I78, !80, (!82, !83, 186), 3SS· and Declaration of Independence, 1. 324, (329), 340. treason against a separate state, ~. 346349· in Convention's Jetter to Congress, ~. (S84), 666. Washington Guly) on dangers, 3· sI. Mason's questioning, 4· 76, S. I40. C. Pinckney (Oct.) on false ideas and dangers, 3· 1 I2-I IS. Madison (Oct.) on problem, 3· I 31. L. Martin's exposition (Nov.), 3· (IS3, IS9), I83-I8S, I92, 284. See a/so Division of powers; Social compact; States; Union. States, voting by, in Convention, 1. 8, ( IJ ).

antagonism of governments to federal government, 1. 133, I37, (141, 142), 166, (170), 2s3, (2s6, 269), 284, (29S, 301, 30S, 323), 328, 342, 344, (3S2), 3SS, 3S9· (363), 373· (374), 378, 379· statistics of population and quotas, 1. I90, S72-S74· electoral qualifications, 1. 46s, (472, 477), 2. 57, III, 20I, 20J, 2I6. use of term in preamble, 2. I 34, I so, 1s2, I63, In, s6s, (3. 6o4). new federal government and a state's pledges as to citizenship, 2. 270-272. Madison ( 1821) on influence of Constitution, 3· 455·

Sherman's proposal of execution of federallaws by, 3· 6I6. See also Admission; Assumption; Coercion; Confederation; Constitutions; Division of powers; Division of states; Governors; Guarantee; Interstate cases; Interstate comity; Judiciary of states; Junction of states; Large states; Middle states; Militia; New England; North; Oath to support; Partition of states; Prohibitions on states; Ratification; Representation; Reserved powers; South; State legislatures; State sovereignty; Supreme law; Territory; Union; states by name. Statutes. See Legislation. Steele, Jonathan D., letter from father, 3· 467. Steele, William, letter (I82S) on Dayton's recollections, 3· 467. Stevenson, Andrew, letters from Madison, 3· 473, 48J. Stiles, Ezra, on duration of Convention (Aug.), 3· 7S· on Baldwin's account, 3· I68. Stone, Thomas, and delegateship, 3· JS,

sss.

Strayer, Joseph R., Lansing's notes, 4· 13, S. xviii. Strong, Caleb, delegate from Massachusetts, 3· S77, S. 68, I99· credentials, 3· S84. Pierce on, 3· 88. lodges at Indian Queen, 3· s8. attendance, 1. 7, (10), 3· S90, 4· 74, s. 248. on election of representatives, 1. 8, 36!, (368). and term of executive, 1. 72. and term of senators, 1. 219. and compromise, 1. SIS, (SI9), 2. 7,

s

IS. on judiciary and veto, a. 7S· on election of executive, 2. IOO. on control of money bills, 2. 232, 297· on payment of congressmen, a. 293. letter from Gorham (Aug.) on progress,

3· 7S· in Massachusetts convention: on biennial elections, 3· 247; on perspicuity of Constitution, 3· 248;

GENERAL INDEX on basis and ratio of representation, 3.

260; on compromise, 3· 261-263; and signing of Constitution, 3· 476. Stuart, David, letters from Washington,

459

in its report, 2. 6oo. in Constitution, 2. 660. in Hamilton's unpresented plan, 3· 61 9· Style of the Union, in Pinckney plan, 3·

6os. inserted in Virginia plan, 3· (334),

3· 51, 128. Style, committee of. See Committee. Style of commissions and writs, proposed and committed, 2. 335, (342). Style of enacting laws, in notes of committeeofdetail, 2. 155,166. in its report (VI.§ 11), 2. 180. report voted, 2. (294), 296, (302). as referred to committee of style, 2.

335' 336, (344). in notes of committee of detail, 2.

(138), 150, 152, 163, 4· 38, 39, S. 184. United States of America, in its report

(I),

2.

177. [4.

sJ.

report voted, 2. (193), 196, (209). as referred to committee of style, 2.

s6s.

s68. in its report, 2. 593· dropped, 2. 633 n. in Hamilton's unpresented plan, 3· 627. Style of the executive, President, in Pinckney plan, 2. 135, 158, (3. 6o6). governor, in Hamilton plan, 1. 292. in notes of committee of detail, 2.

in its report, 2. 590. in Constitution, 2. 651. in Hamilton's unpresented plan, 3· 619. Succession to executive. See Presidential succession. Suffrage, interstate distinctions, 1. 46 5,

(145), 160, 161, J7I, 4· 46, S. 189.

Madison's note ( 1821) to his speech on, of persons and property, 3· 450. negro, 4· 98, 99· woman, 4· 101. See also Property; Qualifications of electors of representatives. Suits against states. See Interstate cases. Sullivan, John, defeated for reelection, 2.

President, in its report (X. §

1 ),

2.

185. report voted, 2. (396), 401. as referred to committee of style, 2.

572. in its report, 2. 597· in Constitution, 2. 657. in Hamilton's unpresented plan, 3· 619. Style of the national legislature and houses, in Pinckney plan, 2. 135, 158, (3.

6os). in Hamilton plan, 1. 291. in notes of committee of detail, 2.

(138), 184.

IjO,

152, 163, 4· 39, S.

in its report (III), 2. 177. report voted, 2. 200. as referred to committee of style, 2.

s6s. in its report, 2. 590. in Constitution, 2. 651. in Hamilton's unpresented plan, 3· 619. Style of the supreme court, in notes of committee of detail, 2. 172. in its report (XI. § 1), 2. 186. report voted, 2. (423), 428, (432). as referred to committee of style, 2.

575·

(472), 2. 57,

I I I.

57· letter from Gilman, 3· 82. and Langdon, 3· 232. letter from Knox, S. 12, 13. letter from Pierce, S. 1 8. Sumptuary laws, power of Congress rejected, 2. (337), 344, (351). Mason desires, 2. 6o6. See also Frugality. Supreme Court. See Judiciary; Jurisdiction. Supreme law, in New Jersey plan, 1. 245,

(247). federal laws and treaties, proposed and voted, 2. (22), 28, [4. 4). Randolph on coercion, 1. 256. and mode of ratification, 2. 88-93. as referred to committee of detail, 2. IJ2.

in its notes, 2. (144), 169, 4· 45, S.

!89. in its report (VIII), 2. 183.

GENERAL INDEX Supreme law (continued) Constitution added and report voted, 2. (38I), 389, (394). preexisting treaties included, 2. (409), 417· as referred to committee of style, 2. 572. in its report, 2. 603. Mason's objection to treaties, 2. 639. in Constitution, 2. 663. in Hamilton's unpresented plan, 3· 628. Randolph's objection (Oct.) to treaties, 3· I27. L. Martin and origin of section, 3. 273, 286. Davie (1788) on treaties, 3· 347· Washington and Madison on treaties (I796), 3· 37I-375· Supreme powers. See Union. Sweden, foreign interference, 1. 289. Switzerland, government, 1. I I2, 285, (296, 303), 307, 317, 3I9, (326, 330), 343, (348, 350), 454, 3· II5, I53, I84. Grison League, 3· I I5. Sydney, Thomas Townshend, viscount, letters from Dorchester on Convention, 3· 8o, 353· Tansill, Charles C., Documents Illustrative of the Formation of the Union, texts in, 4· xii, I 1. Taxation, power of Congress, in Pinckney plan, 2. I58, 3· II6, (607). Martin on, 4· 23, S. I02. power in notes of committee of detail, 2. (I42, I43), I67, 4· 43, s. I87. in its report (VII.§ I), 2. I8I. attitude of Maryland delegates, 2. 2 I I, 2I2.

power voted, 2. (304), 308. as referred to committee of style, 2. 569. in its report, 2. 594· in Constitution, 2. 6 55. McHenry's explanation (Nov.), 3· I49· L. Martin's objection (Nov.) to extent of power, 3· (I 56), 203-205, 284. Randolph on (1788), 3· 309. Spaight on (1788), 3· 345, 352. See also Common defense; Direct taxation; Duties; Excise; Export duties;

Import duties; Requisitions; Revenue; Tonnage. Taylor, John, Madison on errors, 3· 517, 4· 84, S. 312. Tefft, Israel K., letter from Madison, 3· 494, [4. 7l· Tennessee. See Franklin, State of. Tenth amendment, text, 4· 95· Term of executive, in Virginia plan, 1. 21.

in Pinckney plan, 2. I35, 3· IIO, (6o6). discussed in committee of the whole, 7 years voted, 1. (64), 68, 69, (7o--72, 74). in report of Virginia plan, 1. (226), 230, (236). blank, in New Jersey plan, 1. 244, (247). life, in Hamilton plan, 1. 289, 292, (300, 304). discussed in convention, good behavior, 7 years, 6 years voted, 2. (23), 3236, [4. 4], 2. (so, 51), 58, 59· reconsidered, 7 years and no reelection voted, 2. (97), 102, (r r6), I20. as referred to committee of detail, 2.

IJ4. in its notes, 2. (145), I7J, 4· 46, S. I 89. 7 years in its report (X.§ r), 2. I85. considered and postponed, 2. (397), 404. 4 years reported, 2. (493), 497· report considered, 7 and 6 years rejected, 4 years voted, 2. (517), 525· as referred to committee of style, 2. 572. in its report, 2. 597. in Constitution, 2. 657. in Hamilton's unpresented plan, 3· 624. Madison (Oct.) on problem, 3· 132. L. Martin on (Nov.), 3· 216. M. Smith's resolution in New York convention, 3. 338. twentieth amendment, 4· 101. See also Election; Executive; Impeachment; Reeligibility; Removal. Term of judges, good behavior, in Virginia plan, 1. 21. in Pinckney plan, 2. 136, (3. 6o8).

GENERAL INDEX voted in committee of the whole, 1. (116), I2I, (126). in report of Virginia plan, 1. (226), 230, (237). in New Jersey plan, 1. 244, (247). voted in convention, a. (38), 44· as referred to committee of detail, a. I32. in its notes, a. (I46), I72, 4· 47, S. I90. in its report (XI. § 2), a. I 86. report voted, removal on application of Congress rejected, a. (423), 428, 429. as referred to committee of style, It. 57 5· in its report, 11. 600. in Constitution, !1. 660. in Hamilton's unpresented plan, 3· 625. See also Impeachment; Judiciary. Term of representatives, blank, in Virginia plan, 1. 20. discussed in committee of the whole, 3 years voted, 1. (209), 2I4, 2I5, (220, 22I). in report of Virginia plan, 1. 228, (235). 3 years, in Hamilton plan, 1. 29 I, (300). discussed in convention, 2 years voted, 1. (354), 1. 36o-362, [4. 4}, 1. (365-368). as referred to committee of detail, !1. I29. in its notes, 11. (I39), ISI, I53, I63, 4· 40, S. I 84. 2 years, in its report (IV. § I), It. q 8. report voted, a. (2I3), 2I6. as referred to committee of style, !1.

s6s. in its report, !1. 590. in Constitution, 11. 651. in Hamilton's unpresented plan, 3· 620. Strong (q88) on 2 years, 3· 247. See also Election; Expulsion; House of Representatives; Vacancies. Term of senators, indefinite, in Virginia plan, 1. 20. 4 years, in Pinckney plan, !1. I35, 3· I w, (6os).

discussed in committee of the whole, 7 years voted, 3· (2I I), 2I8, (22I, 222). in report of Virginia plan, 3· 228, (235). good behavior, in Hamilton plan, 3· (289), 291, (300), 309. discussed in convention, 6 years voted, 3· (396), 408, 409, (415, 418), 42I-426, (43o-433), S. I 13, I I9, I20. life, proposed, 3· 5I2, (517). as referred to committee of detail, a. I29. in its notes, 11. (141), 154, 165, 4· 41, s. !86. 6 years, in its report (V. § 2), 11. 179· report voted, 11. (228), 235. as referred to committee of style, !1.

s66. in its report, a. 591. in Constitution, a. 652. in Hamilton's unpresented plan, 3· 621. Madison (Oct.) on problem, 3· I33· See also Election; Expulsion; Rotation; Senate; Vacancies. Territory, guarantee of state, in Virginia plan, 1. 22, (28). trial of interstate cases, in Pinckney plan, !1. 135, 3· 1 q, (607). partitions of states, in Pinckney plan, a. 136, 3· 120, (6o8). guarantee of state, dropped in committee of the whole, 1. (193, 194), 202, (206). cases between federal government and states, in New Jersey plan, 3· 611. small states and common interest in western, equal division of western, in notesofplan, 3· 613. discussion of small states and common interest in western, 1. 405, (412), 441, 463, (47I). sale of western, and disqualification of congressmen, a. 126. as to treaties of peace ceding, a. (143, 534), 543, 4· 44, s. !88. Senate trial of interstate disputes, in notes of committee of detail, a. (I44), I6o-I62, J70, 4· 44, S. 188. and in its report (IX. § 2), !1. 183.

GENERAL INDEX Territory (continued) power to sell public land and institute temporary governments, proposed and committed, 2. (321), 324. Senate trial dropped, 2. (3 96), 400, 401, (406). state claims and no division of a state without its consent, discussed, 2. 455, 456, (457, 458), 461-465. power to dispose and regulate without prejudice of claims, voted, 2. (458, 459), 465, 466, (470). treaties of peace ceding, 2. (534), 543· power to regulate, as referred to committee of style, 2. 578. in its report, 2. 602. in Constitution, 2. 662. interstate cases in Hamilton's unpresented plan, 3· 627. L. Martin (Nov.) on state claims, 3· 223-227. G. Morris (I80J) on right of annexation, 3· 401. western claims and ratification of Articles of Confederation, 3· 542. See also Admission; Capital; Federal sites; Land grants; Partition of states; West. Thebes, government, I. 307, 448, (456). Third amendment, text, 4· 94· Thirteenth amendment, text, 4· 97. Title of executive, in notes of committee of detail, 2. 171. in its report (X. § 1), 2. 185. report voted, 2. (396), 401. as referred to committee of style, 2. 572. omitted in its report, 2. 592. Titles. See Foreign titles; Nobility. Tobacco, Morris' agreement with France on export, 2. 306. and tax on exports, 2. 360, 363, 3· 365. as staple, 2. 449, 4· 25, S. !OJ. state inspection charges, 2. 589, 3· 268. Tonnage duties, uniformity, reported, 2. (434), 43 7. rejected, 2. (473), 481. state, conditional prohibition, discussed and voted, 2. 625, (633, 634). in Constitution, 2. 657.

Tonner, John A., acknowledgment to,

1.

VIII.

Townshend, Thomas. See Sydney. Trade. See Commerce. Treason, exclusive power to define, in Pinckney plan, 2. 136, (3. 6o8). call for definition, in New Jersey plan, 3· 6!4. no pardon for, in Hamilton plan, 1. 292, (300). definition and power to regulate punishment, in notes of committee of detail, 2. (144), 168, 4· 45, s. 189. in its report (VII.§ 2), 2. 182, [4. 5]. report discussed, amended, voted, 2. (337-339), 345-350, (351), 4· 61, s. 270. motion on pardon referred, 2. 564, (580), 4· 6o, S. 270. definition and punishment as referred to committee of style, 2. 57 I. in its report, 2. 601. exclusion from pardon, discussed and rejected, 2. 626, 627, 636. verbal amendment on punishment, 2. 633 n. Mason's objections, 2. 637, 639. in Constitution, 2. 661. Randolph's opposition (Oct.) to pardon, 3· 127. L. Martin's objection (Nov.) to pardon, 3· I58, (2I8). Martin on attempt to exempt war by state from penalties, 3· (I 58), 223. Wilson (Dec.) on reason for defining, 3· 163. Treasurer, appointment by Congress, in notes of committee of detail, 2. (144), 168, 4· 45, s. 188. in its report (VII.§ 1), 2. 182. report discussed, amended to require joint ballot, voted, 2. (312), 314, 315, (J20), 4· 52, S. 209. as referred to committee of style, 2. 570.

in its report, 2. 594· struck out, 2. 614. Treasury. See Expenditures. Treasury, or Commerce and Finance, proposed department and secretary, 1. III, 2. 53, 135, 136, 158, 329,

GENERAL INDEX 335, 336, (34I, 343), 367, 3· I I I, (6o6, 6o8), 4· I6, S. 49· Treaties, veto of state laws contrary to, 1. 47' (54, 6I), [4. 3]. infringement by states under Confederation, 1. I64, I7I, 3I6, 3· II3, 548. as laws, ll. I97· See also next titles; Supreme law. Treaties, jurisdiction over cases under, in Pinckney plan, 2. I36, 3· I J7, (608). in New Jersey plan, 1. 244, (247, ll. I 57). federal courts to have, voted, ll. 424, (43 I). as referred to committee of style, a. 576. in its report, a. 6oo. in Constitution, ll. 661. See also adjacent titles. Treaties, prohibition on states, in Pinckney plan, 2. IJ5, (3. 607). in notes of committee of detail, 2. I 69. absolute, in its report (XII), 2. I87. report voted, ll. (435), 442. as referred to committee of style, a.

577in its report, ll. 597. in Constitution, a. 657. in Hamilton's unpresented plan, 3· 630. See also adjacent titles. Treaty-making power, in executive with approval of Senate, in Hamilton plan, l. 292, (300). in notes of committee of detail, a. (I43, I45), IS5, I69, 4· 44-46, S. I88. in Senate, in its report (IX. § I), a. I8J. objection to Senate, a. 297. discussed, ratification by Congress proposed, recommitted, a. (382, 383), 392-394, (395), 4· 53, s. 209. in President, two-thirds of Senate approving, reported, a. (495), 498, 499· considered, association of House rejected, President's power voted, 2. (532), 538, 4· 58, s. 262. majority of Senate for treaties of peace, a. (533), 540. treaties of peace by two-thirds of Senate without President, rejected, a. (533), 540, 54 I.

amended Senate association, voted, 2. (533), 541. special provision respecting territorial cessions proposed, ll. (534), 543· special provision as to treaties of peace, dropped, proposed amendments on Senate majority, rejected, power revoted, a. (544), 547-550. as referred to committee of style, a.

574· in its report, a. 599· Mason's objection, 2. 639, 4· 57, S. 252. in Constitution, a. 659. in Hamilton's unpresented plan, 3· 622, 624. Gerry's objections (Oct.), 3· 128. Wilson (Dec.) on Senate's share, 3· !62, I66. Butler and C. C. Pinckney (1788) on problem, 3· 250. and Mississippi navigation, 3· 306. Spaight on (1788), 3· 342. Davie on (1788), 3· 348, 349· Baldwin (1789) on opposition to Senate's share, 3· 358. Baldwin (I796) on intentional ambiguity, 3· 369. Washington and Madison (1796) on, apropos Jay treaty, 3· 37I-375· King (I8I8) on Senate's share, 3· 424. Treaty of 1783, envoys' disregard of instructions, 1. 338, (346, 349). and western claims, a. 462, 465. Trist, Nicholas P., letter from Madison, 3· 5I6. memorandum (I834) on Madison and Hamilton's plan and speeches, 3·

533·

Tucker, St. George, letter from Pierce, 3· IOO.

Annapolis Convention, 3· 545. Turberville, George L., letter from Madison, 3· 354· Turkey, imperial government, 1. 328. Turner, Frederick]., acknowledgment to, 1. ix. Turner, George, S. 9· Twelfth amendment, text, 4· 96. Twentieth amendment, text, 4· IOI. Twenty-first amendment, text, 4· I02. Two-thirds majority. See Majority. Tyler, John, letter from Madison, 3· 524.

GENERAL INDEX Unconstitutional law. See Constitutionality of laws. Uniformity of indirect taxation. See Import duties. Union, objects and Virginia plan, 1. I8, 20, 24, IJJ, JI5, (326). Hamilton on preliminary inquiry into possible character, 1. 2 7. supreme power, 1. (30), 33-35, (39, 40, 225, 228), 235, (334), 335, 336, 2. I29, IJ8, I52, I6J, I7?, (I9J), I96, (209), s6s, 4· (38, 39), S. I8J, I84. question of partition, 1. I 23, 179, (I8J, I87), J20, (327), 445, (455), 465, 466, (473), 604, 2. 4, 6, 7> 22I, 453, 3· 42, IJI. meaning of "perpetual," 1. I 2 9, 2. IJ6. Martin on character, 4· 23-28, S. 102105. Pinckney on basis, 4· 28-37, S. I IJI I

8.

and failure of Convention, 1. 467, (474), 490, SII, 530, 532, 2. 7, 3· so, 54, I2J. as a corporation, 2. 335, (342). Otto (April) on antagonistic conditions, 3· I6. supposed sectional attitude of delegates (May), 3· 23, 26, JO. Carrington Gune) on possible plans, 3· J8. Hamilton Guly) on public opinion, 3· 53· Blount's pessimism Guly), 4· 7 I, S. I75· Madison (Oct.) on problem of character, 3· IJI, IJ2. Wilson (Nov.) on problem and action of Convention, 3· IJ8-I43· L. Martin (Nov.) on three parties in Convention, 3· (I52), 179-I8I. Martin on "national" character and unfitness, 3· I92-I97· Madison's apology (I 82 I) for advocacy of strong, 3· 449· Madison (I835) on nullification, 3· 537· Albany Congress, 3· 540. Continental Congress, 3· 540. Annapolis Convention, 3· 544, 545·

See also Coercion; Confederation; Division of powers; Federal Constitution; Federal Convention; "National"; People; Powers of Congress; Powers of Convention; Preamble; Prohibitions; Ratification; Social compact; States; Style of Union; Supreme law. United States, as party in cases, in Pinckney plan, 2. IJ6, (3. 6o8). cases proposed and committed, 2. 335, (342). reported, 2. 367. voted, 2. (423), 430, (432), 4· 55, S. 244, 245· Supreme Court and original jurisdiction, 2. 424. as referred to committee of style, 2.

576. in its report, 2. 600. in Constitution, 2. 66I. in Hamilton's unpresented plan, 3· 626. See also Style of Union; Union. University, power to establish, in Pinckney plan, 3· I 22, (609). proposed and committed, 2. J2I, (325). again proposed, rejected, 2. 6I6, (620). Sherman (I790) on rejection, 3· 362. Vacancies in executive. See Presidential succession; Vice President. Vacancies in House of Representatives, in notes of committee of detail, 2. (I40), I54, I64, 4· 4I, s. I85. in its report (IV. § 7), 2. I79· report voted, 2. (227), 2JI, (243). as referred to committee of style, 2.

s66. in its report, 2. 591. in Constitution, 2. 652. Vacancies in office, recess appointments voted, 2. (533), 540. as referred to committee of style, 2.

574· in its report, 2. 600. in Constitution, 2. 66o. Morris (I8IS) on abuse, 3· 421. Vacancies in Senate, in notes of committee of detail, 2. (I42), 4· 42, S. I86. in its report (V. § I), 2. 179· report discussed, amended, and voted, 2. (227), 2JI-2JJ, (242, 24J, 4· 5 I).

GENERAL INDEX as referred to committee of style, a.

s66. in its report, a. 591. phrasing altered, a. 610 n. in Constitution, a. 652. seventeenth amendment, 4· IOO. Van Buren, Martin, letter from Madison,

3· 477Varnum, James Mitchel, letter to Washington 0 une) on attitude of Rhode Island, 3· 47, [4. 6], S. 2. Vattel, Emerich de, cited, 1. 437, 438, (440, 442). Venice, commercial causes of wars, 1. 307. age of doges, 2. 102. Vermont, and statehood, 1. I88, (I89), 2. % 455, 456, 462, 463, 3· 226, s. 2.

Veto, executive, with judicial association, in Virginia plan, 1. 2I (28). executive with association of department heads, in Pinckney plan, 2. I35, 3· I IO, (6o6). Virginia plan in committee of whole, association rejected, conditional executive voted, 1. (94), 97-104, [4. 3], 1. (IOj-IIO), III, (I3I), 138-I40, (I41, 144, 145), 4· I6, s. 49, in report of Virginia plan, 1. (226), 230, (236). in Hamilton plan, 1. 292, (300). discussed in convention, judicial association again rejected, two-thirds vote to overcome, voted, 2. (7I), 73-80. as referred to committee of detail, 2. I32. in its notes, 2. (I46), 16o-162, I67, 4· 47, s. 190. provision, seven days' time, two-thirds vote, pocket, in its report (VI. § 13),

so.

!1. I 8I.

absolute, rejected, 2. 200. report discussed, judicial association again rejected, ten days' time, threefourths vote, voted, 2. (294-296), 298-302, 4· 57, 8I, s. 2ji, 297· of joint resolutions, voted, 2. (295), 30I, [4. 5], ll. 302, (303), 304, JOj. Randolph's objections, 2. 563.

as referred to committee of style, 2. s68, s69. reconsidered, two-thirds vote to overcome substituted, ll. (582), s8s-s87, (589)· in report of committee of style, 2. 593, 594· amendment of phrasing rejected, 2. 6o8. in Constitution, 2. 654, 655. in Hamilton's unpresented plan, 3· 624, 627. Otto Oune) on Pinckney plan, 3· 40. Madison (Oct.) on problem, 3· I33· McHenry's explanation (Nov.), 3· I48. L. Martin's objections (Nov.), 3· 202. C. Pinckney (1800) on rejection of judicial association, 3. 38 5. Madison (I8J7) on same, 3· 424. Madison (1830) on his views and later actions, 3· 494, [4. 7]. Veto on state laws, congressional, of laws contrary to Constitution, in Virginia plan, 1. 21, (28), S. 6o, 61. revision by executive and council, 1. 21,11I,3·399· general, in Pinckney plan, 2. I35, 3· I I2-II6, (607). Virginia plan voted in committee of the whole, laws contrary to treaties added, 1. (47), 54, [4· 3l· reconsidered, general power rejected, 1. (131), I40, IjO, (I62), I64-I68, (169-I7J). in report of Virginia plan, 1. (225), 229, (236). Lansing's condemnation, 1. 250, 337, (345, 35I). Hamilton's substitute, 1. 293, (30I), 3· 399. 628. Madison on need, 1. 318, 319, 447, 2. 440, 589. L. Martin on opposition of small states, 1. 438. report of Virginia plan discussed and rejected, a. (2 I), 27, 28. again rejected, 2. (382), 39o-392, [4.

sJ. Mason (May) on proposal, 3· 24. Otto Oune) on Pinckney plan, 3. 4 I . Randolph's plan for right of appeal to federal judiciary, 3· s6.

GENERAL INDEX Veto (continued) Monroe Guly) on plan, 3· 65. McClurg's advocacy, 3· 73, S. 205. Madison's advocacy, 3· 134, 399, 516,

523, 527. 549· See a!Jo Coercion; Constitutionality of laws; Supreme law. Vice President, president of Senate to succeed to executive, in Hamilton plan, 1.

292.

first suggestion of plural vote for executive, 2. 113. president of Senate to succeed, in notes of committee of detail, 2. (I46), I72,

4· 47,

s.

I90.

in its report (X. § 2), 2. I 86. report by special committee for office, election, presidency of Senate, and succession, 2. (493-495), 497-499. discussed, 2. 499, 500. office and election, voted, 2. 517, (5I9,

52I, 525), 528, 529· presidency of Senate and succession, discussed and voted, 2. (532), 536-538, 586, 4· 99· liability to impeachment, voted, 2.

(545), 552. provisions as referred to committee of style, 2. 572-57 5. in its report, 2. 592, 597-600. phrasing on presidency of Senate altered, 2. (610n.), 612. Mason's objections, his further amendment rejected, 2. (636), 639, 4· 59,

6o, S. 269.

' Gerry's objection, 2. 635, (636). provisions in Constitution, 2. 652, 658-66o. in Hamilton's unpresented plan, 3· 625. McHenry's explanation (Nov.) of presidency of Senate, 3· I47. L. Martin's objection (Nov.) to election, 3· (I58), 2I7. Davie (1788) on principle, 3· 343· G. Morris (1802) on election, 3· 394· Dayton (I 803) on principle, 3· 399· Butler (I 803) on vote in Senate, 3·

400· changes made by amendments, 4· 96,

97, IOI, 102. Virginia, and call of Convention, 3· 545. delegates: elected, 3. 55 8;

credentials, 3· 559-563; arrive, 3· 20; preliminary conference, 3· 23; allowance, 3· 36; attend, 1. I, (3, 5); disapprove of equal state vote in Convention, 1. I I n. government, 1. 27, 52, 362, (387),

388, 389, 392, 457, 476, 584, 2. 89, 205, 217, 252, 276, 362, 3· 3I7, 3I8, 528. sectionalism, 1. 49· as "large" state, 1. I67, (170, 172), 295, 325, 406, (4I4, 417), 447, 49I, 554, 2. 4, 234, 3· I98-200, 405. violation of Articles of Confederation, 1. 316, 317, (326, 330), 437, (439), 3· 548. ratification of Articles, 1. 342, (348). commercial relations, 1. 447, (456), 2. 307, 308, 360, 363, 44I, 449, 452,

586, 3· 268, 328, 519, 548. original number of representatives,

1.

557, (559), 563, (566), 572-574, 6oi n., 2. (I2), I3, (I5). proposed apportionment of senators, 2. I,

(5,

I 2).

proposed number of presidential electors, 2. 58, (6o), 63. effects of slavery, 2. 221. Bacon Rebellion, 2. 347· and slave trade, 2. 370, 37I, 378, 3·

254· rumor of disagreement in delegation, 3·

So. Randolph's report to governor, 3· I23. and state equality under Confederation,

3· 174, I86. extracts from debates in ratifying convention, 3· 307-3 I9, 324-332, 334,

337. and Annapolis Convention, 3· 544· tobacco, 4· 25, S. 103. See also Blair, John; Kentucky; McClurg, James; Madison, James; Mason, George; Randolph, Edmund; South; States; Virginia plan; Washington, George; Wythe, George. Virginia plan, origin, 3· 23, 55, 409,

525, 532, 536, S. '5!. Mason's letter foreshadowing, 3· 23.

GENERAL INDEX Randolph's speech introducing, 1. (16), !8, (2J), 24, 3· (145, I46), 358, s. 26, 27, 28. text of resolutions, 1. 2o--22. Paterson's abstract, I. 27, 28. extant copies of text, 3. 59 3. variations, 3· 593, 594· referred to committee of the whole, 1. I6, (2J). consideration there, 1. 3o--224, 232235, 2J8. reported, 1. 223, 224, (234, 238). text as reported, 1. (224-228), 228232, (235-237). recommitted, 1. 24I, (242, 246). contrasted with New Jersey plan, 1. 249-256, (4. 4), I. (257-280). Hamilton's opinion, 1. 283, (294, 30I,

3 10). again reported, 1. JI2, 3IJ, (322, 327, 328). report considered in convention, 1. 3 I 2, 322-325, 328, 329, 334-606, 2. II28. text as referred to committee of detail, 2. I2CJ-I34· L. Martin (Nov.) on text as reported, 3· I74-J76. Madison (I833) on federal character, 3· 525-529. Vote in Senate. See Per capita. Votes in Convention, confusion in secretary's record, 1. xiii, 32n., 3· 433, 435· plan of recording, in present edition, 1. Xlll.

in Madison's Notes, 1. xvii. equal state vote, 1. 8, (I I). movement for proportional state vote checked, 1. 10 n. rule for yeas and nays rejected, 1. 10. facsimile of first page of secretary's record, 1. 32. See also Yeas and nays. Wadsworth, Jeremiah, letters: from King, 3· 26; to King Qune) on Sherman, 3· 33· Wait, Thomas B., and publishing of Journal, 3· 4JI. Walker, John, North Carolina naval officer, 3· I4.

Wall, Alexander]., acknowledgment to, 4· ix. Walsh, Robert, letters: from Morris, 3· 4I8; from Madison, 3· 436, 438. Walton, George, and delegateship, 3· 22, 35, 559, 576. War, proposed department and secretary of, I. III, IJ9, 2. 53, IJj, IJ6, I58, 329, 335, 336, (34I, 343), 367, 3· III, (606, 608), 4· I6, S. 49· War power, Randolph on need of federal, I. I8. lack in Confederation, 1. (I9), 24, 25, JI6, (326, 330). executive, feared, 1. 65, (73). separation from financial power, 1. I 3 9, (I44> I46). in New Jersey plan, 1. 244, (247), 287. in Hamilton plan, 1. 292, (300). congressional power and prohibition on states, in notes of committee of detail, 2. (I4J, I44), I68, I69, 4· 44, s. I 88. power, in its report (VII. § I), 2. I 82. conditional state prohibition, in its report (XIII), 2. I87. power discussed, "declare" substituted for "make," voted, 2. (3IJ), JIB, 3I9,(320). conditional prohibition voted, 2. 43 7, (443)· clauses as referred to committee of style, 2.

570, 577-

in its report, 2. 595, 597· in Constitution, 2. 655, 657. power in Hamilton's unpresented plan, 3· 622. Butler (1788) on problem, 3· 250. Morris on (I 803), 3· 405. See also Army; Captures; Coercion; Domestic violence; Invasion; Marque; Militia; Navy; Peace. Warren, James, letter from Gerry, 3· 69. Washington, George, delegate from Virginia, 3· 558. credentials, 3· 559-562. Pierce on, 3· 94· arrives, 3· 20. attendance, 1. I, (3, 5), 3· 590.

GENERAL INDEX Washington, George (continued) president, 3· (2), J, 4, [4. J], 1. (4, 5, I4), 3· 27, 28, 4· 6], s. 201. remarks on taking chair, 1. J, (5). army service wihout salary, accounts, 1. 84, 2. I22. votes for single executive, 1. 97. and vote on veto of state laws, 1. I68. votes against plan for executive, 2. I2I. vote on origin of money bills, 2. 280. votes for export duties, 2. 363, 364. and forcible division of states, 2. 456 n. favors seven states for ratification, 2. 482. emendations of Journal, 4· 57, 58, 59 n., S. 269 n. votes against weakening veto, 2. 58 7. favors increase in ratio of representation, speech, 2. 644, (4. 6], 3· 337, 358. custody of Convention papers, 1. xi, 2. 648, 3· 82, 370. signs Constitution, 2. 664. letters from Jackson: (April) on secretaryship, 3· I 8; (Sept.) on papers, 3· 82. extracts from diary during Convention, 3· 20, 2I, 26, 27, 29, 32-34, 53, 65, 67, 81. letters: to A. Lee (May) on assemblage, 3· 22; from Knox on same, 3· 30; to Jefferson on prospects and importance, 3· 3I; to Lafayette Oune) on being a delegate,

3·

]4;

(Aug.) on progress, 3· 69; (1788) on Constitution as achievement, 3· 270, 297· influence of his attendance, 3· 36, ]8, 45· attitude toward monarchy, 3· 43. letter from Varnum 0 une) on Rhode Island attitude, 3· 4 7. guest of R. Morris, 3· 49· letters: to Stuart Ouly) on progress and state sovereignty, 3. 5I; from Hamilton on public opinion, 3· 53; to Hamilton on small-state delegations, 3· 56; with Jay Ouly-Sept.) on qualifications for office, 3· 6I, 76;

to Knox (Aug.) on progress and hopes,

3· 70Rush (Aug.) on heading new government, 4· 75, S. 250. anecdote on resentment of familiarity, 3· 85. and on secrecy, 3· 86. letters: from Mason (Oct.) on objections, 3· I02; to Humphreys on hopes of ratification,

3· !OJ. to be first President, 3· 105. letters: with Madison (Oct.) on Pinckney's pamphlet, 3· I 23, I 3 I; from Madison on Mason's objections, 3· I29; (Dec.) on Antifederalist tricks, 3· I68; to Stuart (Oct.) on Mason's objections, 3· 128; to Mrs. Graham (Nov.) on achievement, 3· I37· L. Martin's insinuations, 3· (I52, I54), q8, I90, 294, 300. letters: to Randolph (q88) opposing amendments, 3· 242; from Lincoln on Massachusetts convention, 3· 263. influence on powers given President, 3· ]02. letter to Newenham (q88) on achievement, 3· 339· anecdote on bicameral Congress, 3· 359· anecdote on standing army, S. 229. and apportionment bill (1792), 3· 366. message (I796) on treaty-making power, reference to Convention, 3· 37 I. Madison's criticism of this, 3· 372. Morris (I 800) on speech in Convention,

3· 38I. Ellsworth on lack of influence, 3· 396. Dayton's recollections of prayer incident, 3· 469, 47I, 472. Madison (I827) on attitude, 3· 476. Watson, John F., Annals on meeting place of Convention, 3· 59n., 4· 68, S. I67, I68. Wealth. See Property. Weather during the Convention, S. 325337. Weaver, Nicholas, messenger, 1. 2.

GENERAL INDEX Webster, Noah, letter from Madison, 3· 409. and plan for Convention, 3. 546. Webster, Peletiah, and plan for Convention, 3· 546. Weights and measures, power to regulate, in Pinckney plan, ll. I36, (I 59, 3· 607). in notes of committee of detail, ll. (I43), I67, 4· 44· in its report (VII.§ I), ll. I82. report voted, ll. (304), 308, (3II). as referred to committee of style, ll.

s69. in its report, ll. 595· in Constitution, ll. 655. Wells, William H., letter from Morris,

3· 42!. West, Benjamin, and delegateship, 3· 557, 573· West, divergent views from old states, 1. I66, I72, (I73), s. I82. influence feared, limiting representation, 1. 322, 446, (457), 533> 534, (536), 54 I, 542, s6o, (562), 569, 570, 57 I, 578, s8o, 582-584, 6o4, 6os, ll. (I), 2, J, 442, 454, S. I29n., I 57' I 58. and payment of congressmen, 1. 372, 373, ll. 94· and free navigation of the Mississippi, 1. s8s, 604, ll. 442, 548, 3· 306. motion to restrict representation rejected, ll. (I), 2, 3· admission of states and ordinance of J787, ll. I48. and business of Congress, ll. I99· and qualification of residence for congressmen, ll. 217. desires slaves, ll. 370. and state duties, ll. 442. and navigation acts, ll. 452. Madison ( I8I9) on attempt to limit representation, 3· 438. See also Admission; Kentucky; Ordinance; Tennessee; Territory. West Indies, cession of British, 2. 297. commerce, ll. 307, 360, 449, 452, 4· 22, s. IOI' I02. Western claims. See Territory. Whatman, James, S. xxiii.

\\'heat, price as measure of salaries, 1. 2I6, 2. 45, I42, 292. as staple, 2. 363, 449· White servants, in basis of direct taxation, 1. (I93), 20I, (227), 229, (236), 523, (524), 2. I68, I83, 57I, 590, (6os), 607, 651. and slave-trade clause, 3· 436, 438, 443, 444· See also Fugitive slaves. Wilkinson, James, Antifederalist, 3· 306. Williamson, Hugh, delegate from North Carolina, 3· 559· credentials, 3· 570. Pierce on, 3· 95· French character sketch, 3· 237. lodges at Indian Queen, 3. 58. attendance, 1. I, (3, 5), 3· 590. on multiple executive, 1. 7I, 97, 2. IOO.

on impeachment, 1. 78, (88), a. 551. on election of executive, 1. 8I, (9I), ll. 32, 58, 64, 73, II3, 427, 50I, 5I2, 5I4, SIS, 522, 524> 526, 527· on two-thirds vote for legislation and veto, 1. I40, ll. 30I, 585, 586. on number of senators, 1. 150, 407, a. 94· on veto of state laws, 1. I65, (I69, J7I), ll. 39!. on proportional representation, basis, opposes compromise, 1. I8o, (I9I), 207, 445, (456, 459), SIS, 532. on oath of officers, 1. 207, a. 8 7. on control of money bills, 1. 234, 544, a. 230, 233, 263, 287, 297. on state payment of representatives, 1. 372. on term of senators, 1. 409, (4I5). on payment of senators, 1. 42 7. on ineligibility of congressmen to office, 1. 428, 429, ll. 287, 490, 492. on prayers in Convention, 1. 452. committees: apportionment, 1. 558, (562); assumption of state debts, ll. 322, (328); slave trade, ll. 366, (37 5); commercial regulations, 2. 4IO, (4I8); remaining matters, !1. 473, (48I).

GENERAL INDEX

470

Williamson, Hugh (continued) on basis of apportionment and original apportionment, 1. 560, 567, 57 5, 579, 581, 2. 511, 553, 6!2. on direct tax before first census, 1. 6o 1, 2. 358. on ter!ll and reeligibility of executive, 2. 58, 59, roo, 525. on ratification, 2. 91, 563. on capital, 2. 127, 262. on mutual negative of Houses, 2. 196. on suffrage qualifications, a. 201. on qualifications of congressmen, 2. 218, 239, 268. on direct taxation and representation, 2. 219. on vacancies in Senate, 2. 231, 232. on judging congressional qualifications, 2. 250. on export duties, 2. 307, 360. on standing army, 2. 330. on settlement of war accounts, 2. 357. on slave trade, 2. 373, 415. on ex post facto laws, 2. 376. on cases between states, 2. 401. on executive succession, 2. 42 7. on prohibition of state imposts, 2. 441. on interstate comity, 2. 44 7. on vote for navigation acts, 2. 450. on admission, a. 454. on western claims, 2. 462. on treaty-making power, 2. 541, 543, 548, 549· on Vice President, 2. 537. on jury trial in civil cases, 2. 58 7. on capitation tax clause, 2. 618. on signing Constitution, a. 645, [4.

6]. signs it, 2. 665. letters: with Caswell (june) on allowance, 3· 46, 52; to Iredell (july) on progress, Martin, 3· 55, 6r; to Caswell (Aug.) on diminishing delegation and task, 3· 70. Blount on leadership, 4· 71, S. I 7 5. report (Sept.) on Constitution, 3. 83. remarks (q881) on North Carolina and Constitution, 3· 238. letter to Madison (1788) on navigation of the Mississippi, 3· 306.

in House (1792): on basis of representation, 3· 36 5; on uniformity of duties and commercial regulations, 3· 365. Wilson, James, delegate from Pennsylvania, 3· 558. credentials, 3· 56 5. Pierce on, 3· 91. French character sketch, 3· 236. attendance, 1. I, (3, 5), 3· 590. notes and papers of proceedings, 1. xxii, l90n., 276, 520, a. 129-137· I5oI7 5 · nominates secretary, 1. 4· on popular annual election of representatives, 1. 49, (56, 57), 132, (141, 142, 147), 359, 361, (365, 367, 368). on election of senators, 1. 52, (58), 148, 151, 153, (r56-159), 405, (413, 416), S. 57, 58, 59· on enumeration of powers, 1. 6o. on single executive and no council, 1. (63), 65, 66, (7o, 71, 74, 93), 96, 97, (105, 109), 254, (26!, 266, 272). on powers of executive, 1. 63, (67), 73, 2. 70. on election of executive, 1. 68, 69, (77), 8o, (89, 91), 2. 29, 31, 56, 99, !02, 103, 105, 106, 115, 197, 402, 50I, 5I3, 513 n., 522, (530). on term and reeligibility of executive, 1. 68, (71, 73), 2. I02. reads Franklin's speeches, 1. 8I, (9I), 197, (205), 2. 64I, (649). on impeachment, 1. 86, 2. 64, 68. on absolute veto, 1. (94), 98, [4. 3], 1. roo, (105, I07, 108), a. 300, 301. on judiciary and veto, l. (94), 104, (106, I08, I3I), 138, 140, (141, 144), 2. 73, 78, 79, 298. on inferior courts, 1. (I I 6), 120, 124, 125, (127, I28). on appointments, 1. 1 I9, (126, I27), 2. 4I, 389, 406, 538, 542. on ratification, 1. I23, (127), 2. 468, 469, 477, 561, 562. on division of powers, 1. 137, (143), 322, (328, 330), 355, (363, 366).

GENERAL INDEX on veto of state laws, 1. I 66, ( qo, J72, 173), II. 391. on proportional representation, opposes compromise, 1. I79, (I83, I8S, I9I), I93, I96, 20I, (202), 20S, (206), 208, 2S3, [4. 3], 1. (26I, 266), 269, 449, (4S7), 482, 488, (494. 498, so3, sos), SIS, (SI9, S27), S3S, S42, S44, S46, sso, (55S), S87, S92, II. 4, S, IO, 223. on basis of representation, slaves, 1. (I93), 20I, (2os), s87, 59s, 6os. on Virginia and New Jersey plans, 1. 2S2, (260, 26S, 269, 270), 322, 324, (328-330). outline of main speech, 1. 2 76. on bicameral Congress, 1. 2S4, (26I, 266, 272), 343, (348, 3SO). on independence and social compact, 1. 324, (329)· on safety of small states, 1. 356. on payment of congressmen, 1. 3 7 3, (377-379, 428), 434· on qualifications of congressmen, 1. 375, 11. I25, 217, 2I8, 230, 237, (243), 25I, 268, 269, 272. on ineligibility of congressmen to office, II. 376, (379), 387, (39I, 393), II. 287, 289, 49 I. on senators' term and rotation, 1. 42 I, 425, (432). on attendance of New Hampshire delegates, 1. 48 1. on apportionment of representatives, 1. 540, 542, 583. on control of money bills, 1. S42, S44, S46, 11. 4, 224, 233, 234, 274. on direct tax before census, 1. 602. on new western states, 1. 605. on general powers of Congress, 11. 26. on guarantee to states, 11. 47, 48. on oaths, 11. 87. committees: detail, 11. 97, (106), 4· 72, s. I95, I96. interstate comity, II. 445, (448). on joint ballot in elections by Congress, II. I97, 402. on meeting of Congress, 11. I98, 200. on suffrage qualifications, 11. 201. on vacancies in Senate, 11. 23 I, (242).

471

on quorum, 11. 253· on "dissent" in Senate, II. 255. on journals of Congress, II. 260. on congressional usurpation, 2. 300. on meaning of "duties," !1. 305. on export duties, !1. 307, 362, 363. on federal bills of credit, II. 3 10. on penal laws, 11. 3I5, 3I6. on wording of implied powers, !1. 345· on defining treason, 11. 346. on treason trials, !1. 348. on treason against a state, !1. 348, 349· on slave trade, !1. 372. on vote on navigation acts, !1. 375, 451. on ex post facto laws, !1. 376, (378). on treaty-making power, !1. 393, (395), 538, S40, 547-549· on Senate trial of cases between states, II. 401. on pardoning power, 11. 426. on oath of executive, 2. 42 7. on removal of judges, 11. 429. on federal jurisdiction, !1. 43 I. on suspension of habeas corpus, 2. 43 8. on prohibition of state bills of credit, a.

439· on state impairment of obligation of contracts, II. 440. on fugitive slaves, 2. 443. on interstate comity, 2. 447, 488. on admission, 11. 456. on western claims, 2. 462, 465. on judging the privileges of congressmen, 11. S03. on danger in powers of Senate, 2. S22, (S30). on separate sessions of Senate, 2. SS3. on amendment, 11. 558, 5S9· on placing direct-taxation clause, !1. 607. on definition of offenses against law of nations, 2. 6IS. on power to cut canals and charter corporations, 2. 6IS, 6I6, (620). on power to establish university, 2. 6I6. on publication of accounts, 2. 6I9. on pardoning treason, 2. 626. on deposit of Convention's papers, 2. 648. signs Constitution, 11. 664.

GENERAL INDEX

472

Wilson, James (continued) address in Philadelphia (Oct.) on jury trial, Senate, 3· IOI. in Pennsylvania convention (Nov.Dec.): on rule of adjournment, 3·

I37i on character of Union, 3· I38-I42; on division of powers, 3· I39, I44i on powers and actions of Convention, 3·

I43, I65; on lack of bill of rights, 3· I43, I 6I,

I62; on ratio of representation, 3· I 59; on phrasing and meaning of slave-trade clause, 3· I6o, 437 n.; on special powers of Senate, 3· I62,

so,

59, 78, 590.

committee on rules, 1. 2, (4). reports rules, 1. 7, (IO, I3), IS, (q). on "national" government, 1. 41. on preliminary general principles, 1.

6o. on single executive, 1. 97. resigns, S. 8o, I 2 I.

Yale University Library, copy of Journal,

4· I2. Yates, Abraham, letters: from Lansing, 3·

I66; on character of congressmen, 3· I 63; on criminal trials and jury in civil cases,

3· I63, I64, I67; on compact theory, 3· I66; on election of President, 3· I66, I67. Baldwin on (Dec.), as framer, 3· J70. and rejecting of power to charter banks,

3· 375, 376, [4·

7l·

Ellsworth on, as real framer, 3· 398. Genet's edition (I8o8) of Yates' notes on attitude, 3· 4I I-4I3. on incorporation of Bank of North America, 3· 487. revises Constitution, S. 317. Witnesses, in criminal cases, fifth and sixth amendments, 4· 94, 96. Wolcott, Erastus, and delegateship, 3·

557,

Pierce on, 3· 94· arrives, 3· 20. attendance, 1. I, (3, 5), 3· 35, 36, 49,

s.

3> 4·

Woman suffrage, nineteenth amendment,

4· IOI. Wood, Joseph, letter from Madison, 3·

53 8. Wood, Oliver E., letter to Bancroft (I88o) on Washington in Convention, 3· 396. Writs, proposed form, 2. 172, 335,

(342). Writs of assistance, prohibition, 4· 94· Wythe, George, delegate from Virginia,

3· 558. credentials, 3· 559-562.

352; to Van Rensselaer (Aug.) on conditions in Convention, 4· 74, S. 248. Yates, Robert, delegate from New York,

3· 557· credentials, 3· 579-58 I. Pierce on, 3· 90. arrives, 3· 20. attendance, 1. I, (3, 5), 536, 3· I90,

590. opposes "national" government, 1. 3 5. on bicameral Congress, 1. 55. on proportional representation, 1. 183. committees: representation, l. 509,

(5I6, 520, a. I2); apportionment of representatives, a.

558, (562). reasons for leaving Convention, 3.

I

90,

247· 269; report to governor, 3· 244; and Hamilton, 3· 367. See also next title. Yates' notes, publication, 1. xiv, S. xxv,

XXVi, I9n., 53, 54, 55, 146-I49, 3I!. character, 1. xiv. editions, 1. xiv n. original manuscript lost, 1. xv, S. xix. Madison's use, 1. xviii, S. xxii. text, 1. 5-536 passim.

GENERAL INDEX extracts as published by Genet ( 1 8o8), 3· 410-416. Madison (r821-35) on notes and Yates' attitude, 3· 446-449, 474, 477, 481, 497, 516, 521, 530, 537· Yea and nay vote in Congress, in notes of committee of detail, a. 156, 166. in its report (VI. § 7), 2. r So.

473

discussed and voted, 2. (246), 255, (257), 260. as referred to committee of style, a.

s6s.

in its report, !1. 593· in Constitution, !1. 654. York, Frederick Augustus, duke of. See Osnaburgh.