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Monday, From the Journal of the House

Philadelphia, PA

13

The Order of the day being read

The House resolved itself into a Committee of the whole House to consider of the State of the American Union

Mr. President left the Chair

Mr. Gorham took the chair of the Committee

Mr. President resumed the Chair

Mr. Gorham reported from the Committee that the Committee had made a further progress in the matter to them reffered; and had directed him to move that they  may have leave to sit again.

Resolved that this House will tomorrow again resolve itself into a Committee of the whole House to consider of the state of the American Union

And then the House adjourned till tomorrow at 11 o’clock A.M.

Monday, From the Journal of the Committee of the Whole House

Philadelphia, PA

11
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In a Committee of the whole House Monday June 4, 1787

Mr. Gorham in the Chair

It was moved and seconded to proceed to the farther consideration of the propositions submitted to the Committee by Mr. Randolph – when

On motion of Mr. C Pinckney seconded by Mr. Wilson to fill up the blank after the words “that a national executive by instituted to consist of” with the words “a single person”

On the question to fill up the blank with the words “a single person”

It passed in the affirmative

It was then moved and seconded to take into consideration the first clause of the eighth resolution submitted by Mr. Randolph, namely

“Resolved that the national executive and a convenient number of the national judiciary ought to compose a Council of revision”

It was then moved and seconded to postpone the consideration of the said clause in order to introduce the following resolution submitted by Mr. Gerry namely

“Resolved that the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by ___ parts of each branch of the national legislature”

And on the question to postpone

It passed in the affirmative

It was then moved by Mr. Wilson seconded by Mr. Hamilton to strike out the words

"shall not be afterward passed but by ____ parts of each branch of the national legislature"

And on the question to strike out the words

It passed unan. In the negative

It was then moved by Mr. Butler seconded by Dr. Franklin that the resolution be altered so as to read

“Resolved that the national executive have a power to suspend any legislative act for

And on the question to agree to the alteration

It passed unan. in the negative

A question was then taken on the resolution submitted by Mr. Gerry namely

“Resolved that the national executive shall have a right to negative any legislative act which shall not be afterwards passed unless by two third parts of each branch of the national legislature”

And on the question to agree to the same

It passed in the affirmative

It was then moved by Mr. Wilson seconded by Mr. Madison that the following amendment be made to the last resolution after the words “national executive” to add the words “a convenient number of the national judiciary”—

An objection of order being taken by Mr. Hamilton to the introduction of the last amendment at this time.  Notice was given by Mr. Wilson seconded by Mr. Madison that the same would be moved to morrow – Wednesday assigned to reconsider

It was then moved and seconded to proceed to the consideration of the 9th resolution submitted by Mr. Randolph

When on motion to agree to the first clause namely

“Resolved that a national judiciary be established”

It passed in the affirmative

It was then moved and seconded to add these words to the first clause of the ninth resolution namely

“to consist of one supreme tribunal, and of one or more inferior tribunals.

And on the question to agree to the same

It passed in the affirmative

It was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again

The Committee then rose

Tuesday, From the Journal of the House

:Philadelphia, PA

14

The Order of the day being read

The House resolved itself into a Committee of the whole House to consider of the State of the American Union

His Excellency William Livingston Esquire, a Deputy of the State of New Jersey, attended and took his seat.

Mr. President left the chair

Mr. Gorham took the chair of the Committee

Mr. President resumed the chair

Mr. Gorham reported from the Committee that the Committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again

Resolved that this House will tomorrow again resolve itself into a Committee of the whole House to consider of the State of the American Union.

The following credentials were then produced and read.  (here insert the credentials of His Excellency William Livingston Esquire, and the honorable Abraham Clark Esquire)

And then the House adjourned till tomorrow at 11 o’clock A.M.

Tuesday, From the Journal of the Committee of the Whole House

Philadelphia, PA

13
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In a Committee of the whole House Tuesday June 5, 1787

Mr. Gorham in the Chair

It was moved and seconded to proceed to the further consider[ation] of the 9th resolution, submitted by Mr. Randolph.

It was then moved and seconded to amend the last clause by striking out the words “one or more” so as to read “and of inferior to tribunals”

And on the question to strike out

It passed in the affirmative

It was then moved and seconded to strike out the words “the national legislature” so as to read

“to be appointed by

On the question to strike out

It passed in the affirmative

Notice was given by Mr. Wilson that he should at a future day move for a reconsideration of that clause which respects “inferior tribunals”

Mr. C Pinckney gave notice that when the clause which respects the appointment of the Judiciary came before the Committee he should move to restore the words

“the national legislature”

It was then moved and seconded to agree to the following part of the 9th resolution namely

“To hold their offices during good behaviour and to receive punctually, at slated times, a fixed compensation for their services, in which no encrease or diminution shall be made, so as to affect the persons actually in office at the time of such encrease or diminution”

And on the question to agree to the same

It passed in the affirmative

It was then moved and seconded to postpone the remaining clause of the 9th resolution

And on the question to postpone

It passed in the affirmative

On the question to agree to the 10th resolution, as submitted by Mr. Randolph namely

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

It passed in the affirmative

It was moved and seconded to postpone the consideration of the 11th resolution submitted by Mr. Randolph.

And on the question to postpone

It passed in the affirmative

On the question to agree to the 12th resolution submitted by Mr. Randolph, namely

“resolved that provision ought to be made for the continuance of a Congress and their authorities and privileges until a given day, after the reform of the articles of union shall be adopted, and for the compilation of all their engagements”

It passed in the affirmative

It was then moved and seconded to postpone the consideration of the 13th resolution submitted by Mr. Randolph

And on the question to postpone

It passed in the affirmative

It was moved and seconded to postpone the consid[eratio]n of the 14th resolution submitted by Mr. Randolph

And on the question to postpone

It passed in the affirmative

It was moved and seconded to postpone the consid[eratio]n of the 15th resolution submitted by Mr. Randolph

And on the question to postpone

It passed in the affirmative

It was moved by Mr. C Pinckney seconded by Mr. Rutledge that to-morrow be assigned to reconsider that clause of the 4th resolution which respects the election of the first branch of the national legislature

And on the question to reconsider the same to-morrow

It passed in the affirmative

It was moved by Mr. Rutledge seconded by Mr. Sherman to strike out the following words in the 9th resolution submitted by Mr. Randolph namely

“and of inferior tribunals”

And on the question to strike out

It passed in the affirmative

It was then moved and seconded that the following clause be added to the 9th resolution namely

“That the national legislature be empowered to appoint inferior Tribunals”

And on the question to agree to the same

It passed in the affirmative

It was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again.

The Committee then rose

Wednesday, From the Journal of the House

Philadelphia, PA

15

Journal of the federal convention Wednesday June 6. 1787.

The order of the day being read.

The House resolved itself into a Committee of the whole house to consider the state of the American union.

Mr. President left the Chair

Mr. Gorham took the chair of the Committee

Mr. President resumed the chair

Mr. Gorham reported from the Committee that the committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again.

Resolved that this House will to-morrow again resolve itself into a Committee of the whole House to consider of the state of the American union.

And then the House adjourned till to-morrow at 11 o’clock A.M.

Wednesday, From the Journal of the Committee of the Whole House

Philadelphia, PA

17

In a Committee of the whole House Wednesday June 6, 1787

Mr. Gorham in the Chair

It was moved by Mr. C Pinckney seconded by Mr. Rutledge to strike the word “people” out of the 4th resolution submitted by Mr. Randolph, and to insert in its place the word “Legislatures” so as to read

“resolved that the members of the first branch of the national legislature ought to be elected by the Legislatures of the several states”

And on the question to strike out

It passed in the negative

On motion of Mr. Wilson seconded by Mr. Madison ti amend the [blank] resolution, which respects the negative to be vested in the national executive by adding after the words “national Executive” the words

“With a convenient number of the national Judiciary”

On the question to agree to the addition of these words

It passed in the negative

Mr. C Pinckney gave notice that to-morrow he should move for the reconsideration of that clause in the [blank] resolution, adopted by the Committee, which vests a negative in the national legislature on the laws of the several states.  Friday assigned to reconsider

It was then moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again.

The Committee then rose.

Thursday, From the Journal of the House

Philadelphia, PA

16

Journal of the federal Convention Thursday June 7, 1787

The order of the day being read

The House resolved itself into a Committee of the whole House to consider of the state of the American union.

Mr. President left the chair

Mr. Gorham took the chair of the Committee

Mr. President resumed the Chair

Mr. Gorham reported from the Committee that the Committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again.

Resolved that this House will to-morrow again resolve itself into a Committee of the whole House to consider the state of the American union

And then the House adjourned till to-morrow at 11 o’clock A.M.

Thursday, From the Journal of the Committee of the Whole House

Philadelphia, PA

18

In a Committee of the whole House Thursday June 7. 1787

Mr. Gorham in the Chair

The following resolution was submitted by Mr. Dickinson seconded by Mr. Sherman, namely

Resolved that the members of the second branch of the national legislature ought to be chosen of the individual Legislatures

It was then moved and seconded to postpone the last resolution, in order to introduce the following – submitted by Mr. Wilson seconded by Mr. Morris, namely

Resolves that the second Branch of the national legislature by elected by the people in Districts to be formed for that purpose.

And on the question to postpone

It passed in the negative

A question was then taken on the resolution submitted by Mr. Dickinson namely

“Resolved that the members of the second branch of the national legislature ought to be chosen by the individual legislatures”

And on the question to agree to the same

It passed unanimously in the affirmative

Mr. Gerry gave notice that he would to-morrow move for the reconsideration of the resolution which respects the appointment of the national executive – when he should offer to substitute the following mode of appointing the national executive namely by the Executives of the several States

The Committee then rose.

Friday, From the Journal of the House

Philadelphia, PA

17

Journal of the federal Convention Friday June 8, 1787

The order of the day being read

The House resolved itself into a Committee of the whole House to consider of the State of the American union

Mr. President left the Chair

Mr. Gorham took the chair of the Committee

Mr. President resumed the Chair

Mr. Gorham reported from the Committee that the committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again.

Resolved that this House will to-morrow again resolve itself into a Committee of the whole House to consider of the state of the American union.

And then the House adjourned till tomorrow at 11 o’clock A.M.

Friday, From the Journal of the Committee of the whole House

Philadelphia, PA

19
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Friday June 8 1787 In a Committee of the whole House

Mr. Gorham in the Chair

It was moved by Mr. C Pinckney seconded by Mr. Madison to strike out the following words in the 6th resolution adopted by the Committee namely

“to negative all laws passed by the several states contravening in the opinion of the national legislature, the artciles of union; or any treaties subsisting under the authority of the union”

And to insert the following words in their place namely

“to negative all laws which to them shall appear improper”

And on the question to strike out

It passed in the negative

It was moved by Mr. Gerry seconded by Mr. King to reconsider that clause of the seventh resolution, adopted by the Committee, which respects the appointment of the national executive

On the question to reconsider

It passed in the affirmative

And to-morrow was assigned for the reconsideration

It was then moved by Mr. C Pinckney seconded by Mr. Rutledge that the following resolution be added after the 4th resolution adopted by the Committee namely

Reesolved that the States be divided into three Classes – the first class to have three members, the second two, and the third one member each – that an estimate be taken of the comparative importance of each State, at fixed periods, so as to ascertain the number of members they may from time to time be entitled to.

Before any debate was had, or determination taken on Mr. Pinckney’s proposition – it was moved and seconded that the Committee do now rise, report a further progress, and request leave to sit again.

The Committee then rose

Saturday, From the Journal of the House

Philadelphia, PA

18

Journal of the federal Convention Saturday June 9, 1787

The honorable Luther Martin Esquire One of the Deputies of the State of Maryland attended and took his seat.

The order of the day being read

The House resolved itself into a Committee of the whole House to consider of the state of the American union.

Mr. President left the chair

Mr. Gorham took the Chair of the Committee

Mr. President resumed the chair

Mr. Gorham reported from the Committee that the Committee had made a further progress in the matter to them referred; and had directed him to move that they may have leave to sit again

Resolved that this House will on Monday next again resolve itself into a Committee of the whole House to consider of the state of the American union

And then the House adjourned till Monday next at 11 o’clock A.M.

Saturday, From the Journal of the Committee of the whole House

Philadelphia, PA

20

In a Committee of the whole House Saturday June 9, 1787

Mr. Gorham in the Chair

It was moved by Mr. Patterson seconded by Mr. Brearly to enter on the consideration of the [blank] resolution submitted by Mr. Randolph

After some time passed in the debate

It was moved and seconded that the Committee do now rise; report a further progress, and request leave to sit again.

The Committee then rose.

* A question being taken, on Mr. Gerry’s motionto strike out the following words in that clause of the 7th resolution, adopted by the Committee, which respects the appointment of the national Executive

Namely “to be chosen by the national legislature” and to insert “to be chosen by the Executives of the individual states”

It passed in the negative.

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