The latter parts of the clause relating to the jurisdiction of the Nat^l
tribunals, was struck out nem. con in order to leave full room for their
organization.
M^r Randolph & M^r Madison, then moved the following resolution
respecting a National Judiciary,viz "that the jurisdiction of the
National Judiciary shall extend to cases, which respect the collection
of the national revenue, impeachments of any national officers, and
questions which involve the national peace and harmony" which was agreed
to.
M^r Pinkney & M^r Sherman moved to insert after the words "one supreme
tribunal" the words "the Judges of which to be appointed by the National
Legislature."
M^r Madison, objected to an app^t by the whole Legislature. Many of them
were incompetent Judges of the requisite qualifications. They were too
much influenced by their partialities. The candidate who was present,
who had displayed a talent for business in the legislative field, who
had perhaps assisted ignorant members in business of their own, or of
their Constituents, or used other winning means, would without any of
the essential qualifications for an expositor of the laws prevail over a
competitor not having these recommendations, but possessed of every
necessary accomplishment. He proposed that the appointment should be
made by the Senate, which as a less numerous & more select body, would
be more competent judges, and which was sufficiently numerous to justify
such a confidence in them.
M^r Sherman & M^r Pinkney withdrew their motion, and the app^t by the
Senate was ag^d to nem. con.
M^r Gerry moved to restrain the Senatorial branch from originating
money bills. The other branch was more immediately the representatives
of the people, and it was a maxim that the people ought to hold the
Purse-strings. If the Senate should be allowed to originate such bills,
they w^d repeat the experiment, till chance should furnish a sett of
representatives in the other branch who will fall into their snares.
M^r Butler saw no reason for such a discrimination. We were always
following the British Constitution when the reason of it did not
apply. There was no analogy between the H. of Lords and the body
proposed to be established. If the Senate should be degraded by any
such discriminations, the best men would be apt to decline serving in it
in favor of the other branch. And it will lead the latter into the
practice of tacking other clauses to money bills.
M^r Madison observed that the Comentators on the Brit: Const: had not
yet agreed on the reason of the restriction on the H. of L. in money
bills. Certain it was there could be no similar reason in the case
before us. The Senate would be the representatives of the people as
well as the 1^{st} branch. If they s^d have any dangerous influence
over it, they would easily prevail on some member of the latter to
originate the bill they wished to be passed. As the Senate would be
generally a more capable sett of men, it w^d be wrong to disable them
from any preparation of the business, especially of that which was most
important, and in our republics, worse prepared than any other. The
Gentleman in pursuance of his principle ought to carry the restraint to
the _amendment_, as well as the originating of money bills, since, an
addition of a given sum w^d be equivalent to a distinct proposition of
it.
M^r King differed from M^r Gerry, and concurred in the objections to the
proposition.
M^r Read favored the proposition, but would not extend the restraint to
the case of amendments.
M^r Pinkney thinks the question premature. If the Senate sh^d be formed
on the _same_ proportional representation as it stands at present, they
s^d have equal power, otherwise if a different principle s^d be
introduced.
M^r Sherman. As both branches must concur, there can be no danger
whichever way the Senate be formed. We establish two branches in order
to get more wisdom, which is particularly needed in the finance
business--The Senate bear their share of the taxes, and are also the
representatives of the people. What a man does by another, he does by
himself is a maxim. In Con^t both branches can originate in all cases,
and it has been found safe & convenient. Whatever might have been the
reason of the rule as to The H. of Lords, it is clear that no good
arises from it now even there.
Gen^l Pinkney. This distinction prevails in S. C. and has been a source
of pernicious disputes between y^e 2 branches. The Constitution is now
evaded, by informal schedules of amendments handed from y^e Senate to
the other House.
M^r Williamson wishes for a question chiefly to prevent re-discussion.
The restriction will have one advantage, it will oblige some member in
the lower branch to move, & people can then mark him.
On the question for excepting money bills, as prop^d by M^r
Gerry, Mass. no. Con^t no. N. Y. ay. N. J. no. Del. ay. M^d no.
V^a ay. N. C. no. S. C. no. Geo. no.[83]
[83] According to the Journal (121) Pennsylvania was
among the noes.
Committee rose & M^r Ghorum made report, which was postponed till
tomorrow, to give an opportunity for other plans to be proposed. The
report was in the words following:
Report of the Committee of Whole on M^r Randolph's propositions.
1. Res^d that it is the opinion of this Committee that a
National Governm^t ought to be established, consisting of a
supreme Legislative, Executive & Judiciary.
2. Resol^d that the National Legislature ought to consist of two
branches.
3. Res^d that the members of the first branch of the National
Legislature ought to be elected by the people of the several
States for the term of three years, to receive fixed Stipends by
which they may be compensated for the devotion of their time to
public service, to be paid out of the National Treasury: to be
ineligible to any office established by a particular State, or
under the authority of the U. States, (except those peculiarly
belonging to the functions of the first branch), during the term
of service, and under the national Government for the Space of
one year after its expiration.
4. Res^d that the members of the second branch of the Nat^l
Legislature ought to be chosen by the individual Legislatures,
to be of the age of 30 years at least, to hold their offices for
a term sufficient to ensure their independency, namely, seven
years, to receive fixed stipends by which they may be
compensated for the devotion of their time to public service to
be paid out of the National Treasury; to be ineligible to any
office established by a particular State, or under the authority
of the U. States, (except those peculiarly belonging to the
functions of the second branch) during the term of service, and
under the Nat^l Gov^t for the space of one year after its
expiration.
5. Res^d that each branch ought to possess the right of
originating Acts.
6. Res^d that the Nat^l Legislature ought to be empowered to
enjoy the Legislative rights vested in Cong^s by the
Confederation, and moreover to legislate in all cases to which
the separate States are incompetent; or in which the harmony of
the U. S. may be interrupted by the exercise of individual
legislation; 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.
7. Res^d that the rights of suffrage in the 1^{st} branch of the
National Legislature, ought not to be according to the rule
established in the articles of confederation but according to
some equitable ratio of representation, namely, in proportion to
the whole number of white & other free citizens & inhabitants,
of every age sex and condition, including those bound to
servitude for a term of years, & three fifths of all other
persons, not comprehended in the foregoing description, except
Indians not paying taxes in each State.
8. Resolved that the right of suffrage in the 2^d branch of the
National Legislature ought to be according to the rule
established for the first.
9. Resolved that a National Executive be instituted to consist
of a single person, to be chosen by the Nat^l Legislature for
the term of seven years, with power to carry into execution the
national laws, to appoint to offices in cases not otherwise
provided for--to be ineligible a second time, & to be removeable
on impeachment and conviction of malpractices or neglect of
duty--to receive a fixed stipend by which he may be compensated
for the devotion of his time to public service to be paid out of
the national Treasury.
10. Resol^d that the Nat^l Executive shall have a right to
negative any Legislative Act, which shall not be afterwards
passed unless by two thirds of each branch of the National
Legislature.
11. Resol^d that a Nat^l Judiciary be established, to consist of
one supreme tribunal, the Judges of which to be appointed by the
2^d branch of the Nat^l Legislature, to hold their offices
during good behaviour, & to receive punctually at stated times a
fixed compensation for their services, in which no increase or
diminution shall be made, so as to affect the persons actually
in office at the time of such increase or diminution.
12. Resol^d that the Nat^l Legislature be empowered to appoint
inferior Tribunals.
13. Res^d that the jurisdiction of the Nat^l Judiciary shall
extend to all cases which respect the collection of the Nat^l
revenue, impeachments of any Nat^l Officers, and questions which
involve the national peace & harmony.
14. Res^d that provision ought to be made for the admission of
States lawfully arising within the limits of the U. States,
whether from a voluntary junction of Government & territory or
otherwise, with the consent of a number of voices in the Nat^l
Legislature less than the whole.
15. Res^d that provision ought to be made for the continuance of
Congress and their authorities and privileges untill a given day
after the reform of the articles of Union shall be adopted and
for the completion of all their engagements.
16. Res^d that a Republican Constitution & its existing laws
ought to be guaranteed to each State by the U. States.
17. Res^d that provision ought to be made for the amendment of
the Articles of Union whensoever it shall seem necessary.
18. Res^d that the Legislative, Executive & Judiciary powers
within the several States ought to be bound by oath to support
the articles of Union.
19. Res^d that the amendments which shall be offered to the
confederation by the Convention ought at a proper time or times
after the approbation of Cong^s to be submitted to an Assembly
or Assemblies recommended by the several Legislatures to be
expressly chosen by the people to consider and decide thereon.