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Constitutional Convention, Week of 6 August 1787

Transcripts and notes from the constitutional convention between 6 August and 11 August 1787

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Monday

Philadelphia, PA

71

Journal of the federal convention Monday August 6, 1787

The house met agreeably to adjournment

The honorable John Francis Mercer Esq, one of the deputies from the state of Maryland, attended and took his seat.

The honorable Mr. Rutledge from the committee to whom were referred the proceedings of the convention for the purpose of reporting a constitution for the establishment of a national government conformable to these proceedings, informed the house that the committee were prepared to report – the report was then delivered in at the secretary's table, and being read once throughout and copies thereof given to the members – it was moved and seconded to adjourn till Wednesday morning which passed in the negative.

The house then adjourned till to-morrow morning at 11 o'clock a.m.

Tuesday

Philadelphia, PA

72

Journal of the federal convention Tuesday August 7, 1787

[side-note] On the question to agree to the preamble to the constitution as reported from the committee to whom were referred the proceedings of the convention – it passed unan. In the affirmative

[side-note] On the question to agree to the first article, as reported, it passed in the affirmative

[side-note] On the question to agree to the second article, as reported, it passed in the affirmative

It was moved and seconded to alter the second clause of the third article so as to read

“each of which shall in all cases have a negative on the legislative acts of the other”

Which passed in the negative

On the question to strike the following clause out of the third article namely

“each of which shall, in all cases, have a negative on the other”

It passed in the affirmative

It was moved and seconded to add the following words to the last clause of the third article

“unless a different day shall be appointed by law”

Which passed in the affirmative

It was moved and seconded to strike out the word “December” and to insert the word “May” in the third article

Which passed in the negative

It was moved and seconded to insert after the word “senate” in the third article, the following words, namely “subject to the negative hereafter mentioned”

Which passed in the negative

It was moved and seconded to amend the last clause of the third article so as to read as follows namely

“The legislature shall meet at least once in every year, and such meeting shall be on the first Monday in December unless a different day shall be appointed by law”

which passed in the affirmative

It was moved and seconded to strike out the last clause in the first section of the fourth article

which passed in the negative

It was moved and seconded to adjourn till to-morrow morning at 10 o'clock

Which passed in the negative

The house then adjourned till to-morrow morning at 11 o'clock

Wednesday

Philadelphia, PA

73
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Journal of the federal convention Wednesday August 8, 1787

On the question to agree to the first section of the fourth article as reported

In passed unanimously in the affirmative

It was moved and seconded to strike out the word “three” and to insert the word “seven” in the second section of the fourth article

Which passed in the affirmative

It was moved and seconded to amend the second section of the fourth article by inserting the word “of” instad of “in” after the word “citizen” and the words “an inhabitant” instead of the words “a resident”

which passed in the affirmative

On the question to agree to the second section of the fourth article as amended

It passed in the affirmative

It was moved and seconded to strike out the word “five” and insert the word “six” before the words “in South Carolina” in the third section of the fourth article

Which passed in the negative

On the question to agree to the third section of the fourth article as reported

It passed in the affirmative

It was moved and seconded to later the latter clause of the fourth section of the fourth article so as to read as follows namely

“according to the rule herein after made for direct taxation not exceeding the rate of one for every forty thousand”

Which passed in the affirmative

It was moved and seconded to add the following clause to the fourth section of the fourth article namely “Provided that every state shall have at least one representative”

Which passed in the affirmative

It was moved and seconded to insert the word “free” before the word “inhabitants” in the fourth section of the fourth article

Which passed in the negative

On the question to agree to the fourth section of the fourth article as amended

It passed in the affirmative

It was moved and seconded to strike out the fifth section of the fourth article

Which passed in the affirmative

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

Thursday

Philadelphia, PA

74
3 images

Thursday August 9, 1787

On the question to agree to the 6 section of the 4 article as reported

It passed in the affirmative

On the question to agree to the 7 section of the 4 article as reported

It passed in the affirmative

It was moved and seconded to insert the following words in the third clause of the 5 article after the word “executive”

“of the state, in the representation of which the vacancy shall happen”

Which passed in the affirmative

It was moved and seconded to strike out the 4th clause of the 1st section of the 5 article

Which passed in the affirmative

It was moved and seconded to add the following words to the 3rd clause of the 1st section of the 5 article, namely “unless other provision shall be made by the legislature”

Which passed in the negative

It was moved and seconded to alter the 3rd clause in the 1st section of the 5 article so as to read as follows, namely

“Vacancies happening by refusals to accept resignations or otherwise may be supplied by the legislature of the state in the representation of which such vacancies shall happen or by the executive thereof until the next meeting of the legislature”

Which passed in the affirmative

On the motion to agree to the three first clauses of the 1st section of the 5th article

It passed in the affirmative

It was moved and seconded to postpone the consideration of the last clause in the first section of the 5. article

Which passed in the negative

On the question to agree to the last clause in the 1st section of the 5. article

It passed in the affirmative

It was moved and seconded to insert the following words after the word “after” in the 2nd section of the 5 article namely

“they shall be assembled in consequence of”

Which passed in the affirmative

On the question to agree to the 2nd section of the 5. article as amended.

It passed in the affirmative

It was moved and seconded to strike out the word “four” and to insert the word “fourteen” in the 3 section of the 5 article

Which passed in the negative

It was moved and seconded to strike out the word “four” and to insert the word “ten” in the 3 section of the 5 article

Which passed in the negative

It was moved and seconded to strike out the word “four” and to insert the word “nine” in the 3rd section of the 5 articleWhich passed in the affirmative

It was moved and seconded to amend the 3rd section of the 5 article by inserting the word “of” after the word “citizen” and the words “an inhabitant” instead of the words “a resident”

Which passed in the affirmative

On the question to agree to the 3rd section of the 5 article as amended

It passed in the affirmative

On the question to agree to the 4th section of the 5. article as reported

It passed in the affirmative

It was moved and seconded to strike out the words “each house” and to insert the words “the house of representatives” in the 1st section of the 6th article

Which passed in the negative

It was moved and seconded to insert the word “respectively” after the word “state” in the 1st section of the 6 article

Which passed in the affirmative

It was moved and seconded to alter the second clause in the first section of the 6th article so as to read as follows namely

“but regulations in each of the foregoing cases may, at any time, be made or altered by the legislature of the United States”

Which passed in the affirmative

On the question to agree to the 4th section of the 6th article as amended

It passed in the affirmative

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

Friday

Philadelphia, PA

77
2 images

Journal of the federal convention Friday August 10, 1787

It was moved and seconded to strike out 2nd sect of the 6. article in order to introduce the following namely

“That the qualifications of the members of the legislature by as follows

“The members of the house of representatives shall possess a clear and unincumbered property of the members of the senate”

Which passed in the negative

It was moved and seconded to strike the following words out of the 2nd sect of the 6. article, namely

“with regard to property”

Which passed in the negative

On the question to agree to the 2nd sect. of the 6. article as reported

It passed in the negative

It was moved and seconded to reconsider the 2nd sect. of the 4th article which passed in the affirmative

And Monday next was assigned for the reconsideration

It was moved and seconded to amend the 3rd sect. of the 6. article to read as follows, namely

“Not less than 33 members of the house of representatives, nor less than 14 members of the senate, shall constitute a quorum to do business; a smaller number in either house may adjourn from day to day, but the number necessary to form such quorum may be encreased by an act of the legislature on the addition of members in either branch”

Which passed in the negative

It was moved and seconded to add the following amendment to the 3rd sect. of the 6. article

“And may be authorised to compel the attenace of absent members in such manner and under such penalties as each house may provide”

Which passed in the affirmative

On the question to agree to the 3rd sect. of the 6. article as amended

It passed in the affirmative

On the question to agree to the 4 sect of the 6 article as reported

It passed in the affirmative

On the question to agree to the 5 sect. of the 6 article as reported

It passed in the affirmative

It was moved and seconded to amend the last clause in the 6 sect of the 6. article by adding the following words

“with the concurrence of two thirds”

Which passed in the affirmative

on the question to agree to the 6 sect. of the 6 article as amended

It passed in the affirmative

It was moved and seconded to strike out the words “one fifth part” and to insert the words “of every one member present” in the latter clause of the 7. sect. of the 6 article

Which passed in the negative

It was moved and seconded to strike out the words “each house” and to insert the words “the house of representatives” in the second clause of the 7 sect of the 6 article – and to add the following words to the section, namely

“and any member of the senate shall be at liberty to enter his dissent”

Which passed in the negative

It was moved and seconded to strike the following words out of the 7 sect of the 6 article, namely “when it shall be acting in a legislative capacity” and to add the following words to the section “except such parts thereof as in their judgement require secrecy”

Which passed in the affirmative

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

Saturday

Philadelphia, PA

79

Journal of the federal convention Saturday August 11, 1787

It was moved and seconded to amend the first clause of the 7 sect of the 6 article to read as follows namely

“each house shall keep a journal of its' proceedings, and shall form time to time publish the same; except such part of the proceedings of the senate when active not in its' legislative capacity as may be judged by that house to require secrecy”

Which passed in the negative

It was moved and seconded to insert in the first clause of the 7 sect of the 6 article after the word “thereof” the following words

“relative to Treaties and military operations”

Which passed in the negative

On the question to agree to the 7 sect of the 6 article as amended

It passed in the affirmative

It was moved and seconded to alter the 8th sect of the 6 article to read as follows, namely

“The legislature shall at their first assembling determine on a place at which their future sessions shall be held: neither house shall afterwards, during the session of the house of representatives, without the consent of the others, adjour for more than three days, nor shall they adjourn to any other place than such as shall have been fixed by law”

Which passed in the negative

It was moved and seconded to prefix the following words to the 8 sect of the 6 article, namely

“During the session of the legislature” and to strike out the last clause of the section

Which passed in the affirmative

On the questions to agree to the 8 sect of the 6 article as amended

It passed in the affirmative

It was moved and seconded to reconsider the 5. sect. of the 4. article

Which passed in the affirmative and Monday next was assigned to for the reconsideration

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

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