Resol: 9 being resumed

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.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 47 / 114 题