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Constitutional Convention, Week of 16 July 1787

Transcripts and notes from the constitutional convention between 16 July and 21 July 1787

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Monday

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Journal of the federal convention Monday July 16, 1787

The question being taking in the whole of the report form the grand committee as amended

It passed in the affirmative

And is as follows, namely

Resolved that in the original formation of the legislature of the united states the first branch thereof shall consist of sixty five members of which number

New Hampshire shall send – three

Massachusetts – eight

Rhode Island – one

Connecticut – five

New York – six

New Jersey – four

Pennsylvania – eight

Delaware – one

Maryland – six

Virginia – ten

North Carolina – five

South Carolina – five

Georgia – three

But as the present situation of the states may probably alter in the number of their inhabitants the legislature of the United States shall be authorized from time to time to apportion the number of representatives: and in case any of the states shall hereafter be divided, or enlarged by addition of territory, or any two or more states united, or any new states created within the limits of the United States the legislature of the United States shall possess authority to regulate the number of representatives: in any of the foregoing cases upon the principle of their number of inhabitants, according to the provisions hereafter mentioned, namely

Provided always that representation ought to be proportioned according to direct taxation; and in order to ascertain the alteration in the direct taxation, which may be required form time to time by the changes in the relative circumstances of the states, resolved that a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards of all the inhabitants of the United States in the manner and according to the ratio recommended by congress in their resolution of April 18, 1783 – and that the legislature of the United States shall proportion the direct taxation accordingly.  Resolved that all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States shall originate in the first branch of the legislature of the Unites States, and shall not be altered or amended by the second branch – and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch.

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

It was moved and seconded to agree to the first clause of the sixth resolution reported from the committee of the whole house, namely

“That the national legislature ought to possess the legislative rights vested in congress by the confederation”

Which passed unanimously in the affirmative

It was moved and seconded to commit the second clause of the sixth resolution reported from the committee of the whole house

Which passed in the negative

And then the house adjourned till to-morrow at 11 o'clock a.m. 

Tuesday

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Journal of the federal convention Tuesday July 17, 1787

It was moved and seconded to postpone the consideration of the second clause of the sixth resolution reported form the committee of the whole house in order to take up the following

“To make laws binding on the  people of the United States in all cases which may concern the common interests of the union: but not to interfere with the government of the individual states in any matters of internal police which respect the government of such state, only, and wherein the general welfare of the United States is not concerned”

Which passed in the negative

It was moved and seconded to alter the second clause of the 6th resolution so as to read as follows, namely

“and moreover to legislate in all cases for the general interests of the union, and also in thost to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation

Which passed in the affirmative

On the question to agree to the following clause of the sixth resolution reported form the committee of the whole house, namely

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

It passed in the negative

It was moved and seconded to agree to the following resolution namely

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

Which passed unanimously in the affirmative

[side note] It was moved and seconded to agree to the following clause namely

[side note] “To be chosen by the national legislature

[side note] Which passed in the affirmative

It was moved and seconded to strike the words “national legislature” out of the second clause of the 9th resolution, reported from the committee of the whole house and to insert the words “the citizens of the united states”

Which passed in the negative

It was moved and seconded to alter the second clause of the 9th resolution reported form the committee of the whole house so as to read
“To be chosen by electors to be appointed by the several legislatures of the individual states”

Which passed in the negative

[side note] On the question to agree to the first clause of the 9th resolution reported from the committee of the whole house namely “That a national executive be instituted to consist of a single person”

[side note] It passed unanimously in the affirmative

It was moved and seconded to postpone the consideration of the following clause

“For the term of seven years”

Which was unanimously agreed to

On the question to agree to the following clause namely “with power to carry into effect the national laws”

It passed unanimously in the affirmative

On the question to agree to the following clause namely “to appoint to offices in cases not otherwise provided for”

It passed unanimously in the affirmative

It was moved and seconded to strike out the following words namely “to be ineligible a second time”

which passed in the affirmative

It was moved and seconded to strike out the words “seven years” and to insert the words “good behaviour”

Which passed in the negative

It was moved and seconded to strike out the words “seven years”

Which passed in the negative

And then the house adjourned till to-morrow at 11 o'clock a.m.

Wednesday

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Journal of the federal convention Wednesday July 18, 1787

It was moved and seconded to postpone the consideration of the following clause in the 9th resolution reported from the committee of the whole house namely

“for the term of seven years”

Which passed unanimously in the affirmative

It was moved and seconded to postpone the consideration of the remaining clause of the 9th and the 10th resolution in order to take up the 11th resolution

Which passed in the affirmative

On the question to agree to the following clause of the 11th resolution namely

“that a national judiciary be established”

It passed unanimously in the affirmative

On the question to agree to the following clause of the 11th resolution namely

“To consist of one supreme tribunal

It passed unanimously in the affirmative

It was moved and seconded to strike out the words

“second branch of the national legislature” and to insert the words “national executive” in the 11th resolution

Which passed in the negative

It was moved and seconded to alter the 3rd clause of the 11th resolution so as to read as follows, namely,

The Judges of which shall be nominated and appointed by the second branch of the legislature of the United States – and every such nomination shall be made at least [blank] days prior to such appointment

Which passed in the negative

It was moved and seconded to alter the 3rd clause of the 11th resolution so as to read as follows namely

That the Judges shall be nominated by the executive and such nomination shall become an appointment if not disagreed to within [blank] days by two thirds of the second branch of the legislatures

It was moved and seconded to postpone the consideration of the last amendment

Which was unanimously agreed to

On the question to agree to the following clause of the 11th resolution namely “to hold their offices during good behaviour”

It passed unanimously in the affirmative

On the question to agree to the following clause of the eleventh resolution namely

“to receive punctually, at stated times a fixed compensation for their services”

It passed unanimously in the affirmative

It was moved and seconded to strike the words

“Encrease or” out of the eleventh resolution

Which passed in the affirmative

On the question to agree to the clause as amended namely “to receive, punctually, at stated times a fixed compensation for their services in which no diminution shall be made so as to affect the persons actually in office at the time of such diminution”

It passed unanimously in the affirmative

On the question to agree to the 12th resolution namely

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

It passed unanimously in the affirmative

It was moved and seconded to strike the words “impeachment of national offices” out of the 13th resolution which passed unanimously in the affirmative

It was moved and seconded to alter the 13th resolution so as to read as follows namely

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

Which passed unanimously in the affirmative

On the question to agree to the 14 resolution namely

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

It passed unanimously in the affirmative

On the question to agree to the first clause of the 15th resolution reported from the committee of the whole house

It passed in the negative

On the question to agree to the last clause of the 15th resolution

It passed unanimously in the negative

It was moved and seconded to alter the sixteenth resolution so as to read as follows namely

That a republication form of government shall be guaranteed to each state – and that each state shall be protected against foreign and domestic violence

Which passed in the affirmative

And then the House adjourned till to-morrow at 11 o'clock a.m.

Thursday

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Thursday July 19, 1787

It was moved and seconded to reconsider the several clauses of the 9th resolution which respect the appointment, duration, and eligibility of the national exectuve.

And unanimously agreed to reconsider immediately

It was moved and seconded to agree to the following proposition, namely,

“To be chosen by electors appointed for that purpose by the legislatures of the states, in the following proportion

One person from each state whose numbers, according to the ratio fixed in the resolution, shall not exceed 100,000 – Two from each of the others, whose numbres shall not exceed 300,000 – and three from each of the rest.

On the question to agree to the following clause namely

“To be chosen by electors appointed for that purpose by the legislatures of the states”

It passed in the affirmative

It was agreed to postpone the consideration of the remainder of the proposition

It was moved and seconded to agree to the following clause, namely,

“for the term of seven years”

which passed in the negative

On the question to agree to the following clause namely “for the term of six years”

It passed in the affirmative

On the question to restore the words

“To be ineligible a second time”

It passed in the negative

And then the house adjourned till to-morrow at 11 o'clock a.m.

Friday

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Journal of the federal convention Friday July 20, 1787

It was moved and seconded to postpone the consideration of the clause, respecting the number of electors, entered on the journal yesterday in order to take up the following namely,

Resolved that for the first election of the supreme executive the proportion of electors shall be as follows, namely

New Hampshire – 1

Massachusetts – 3

Rhode Island – 1

Connecticut – 2

New York – 2

New Jersey – 2

Pennsylvania – 3

Delaware – 1

Maryland – 2

Virginia – 3

North Carolina – 2

South Carolina – 2

Georgia – 1

in all 25 electors

On the question to postpone

It passed in the affirmative

It was moved and seconded to refer the last motion to a committee

Which passed in the negative

It was moved and seconded to add one elector to the states of New Hampshire and Georgia

Which passed in the affirmative

The last motion having been misunderstood, it was moved and seconded that it be put again – and on the question to given additional elector to each of the states of New Hampshire and Georgia

It passed in the negative

On the question to agree to the above resolution respecting the first election of the supreme executive

It passed in the affirmative

It was moved and seconded to agree to the following resolution

Resolved that the electors respectively shall not be members of the national legislature, or officers of the union, or eligible to the office supreme magistrate

Which passed in the affirmative

It was moved and seconded to agree to the following clause of the 9th resolution reported from the committee of the whole house namely

“To be removable on impeachment and conviction of malpractice on neglect of duty”

It was moved and seconded to postpone the consideration of the last motion

Which passed in the negative

It was moved and seconded to agree to the clause

Which passed in the affirmative

It was moved and seconded to agree to the following clause namely

“To receive a fixed compensation for the devotion of his time to public service”

Which passed unanimously in the affirmative

It was moved and seconded to agree to the following clause, namely

“To be paid out of the national treasury”

Which passed unan. In the affirmative

And then the house adjourned till to-morrow at 11 o'clock a.m.

Saturday

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Journal of the federal convention Saturday July 21, 1787

It was moved and seconded to add the following clause to the resolution respecting the electors of the supreme executive, namely

“who shall be paid out of the national treasury for the devotion of their time to the public service”

Which passed unanimously in the affirmative

It was moved and seconded to add after the words “national executive” in the 10th resolution the words “together with the supreme national judiciary”

Which passed in the negative

It was moved and seconded to agree to the 10th resolution, as reported form the committee of the whole house, namely

Resolved that the national executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two-thirds parts of each branch of the national legislatures

Which passed unanimously in the affirmative

On the question to agree to the following amendment of the 3rd clause of the 11th resolution, namely

“That the Judges shall be nominated by the executive, and such nomination shall become an appointment if not disagreed to by the second branch of the legislature”

It passed in the negative

On the question to agree to the following clause of the 11th resolution, as reported from the committee of the whole house, namely

“The Judges of which shall be appointed by the second branch of the national legislature”

It passed in the affirmative

And then the house adjourned till Monday next at 11 o'clock a.m.

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