Confederation; grant Letters of Marque and Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and silver Coin a Tender in
Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of ^{the} Congress, lay any Imposts
or Duties on Imports or Exports, except what may be absolutely necessary
for executing it's inspection Laws: and the net Produce of all Duties
and Imposts, laid by any State on Imports or Exports, shall be for the
Use of the Treasury of the United States; and all such Laws shall be
subject to the Revision and Controul of ^{the} Congress.
No State shall, without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any
Agreement or Compact with another State, or with a foreign Power, or
engage in War, unless actually invaded, or in such imminent Danger as
will not admit of delay.
Article. II.
Section. 1. The executive Power shall be vested in a President of the
United States of America. He shall hold his Office during the Term of
four Years, and, together with the Vice President, chosen for the same
Term, be elected, as follows.
Each State shall appoint, in such Manner as the Legislature thereof may
direct, a Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the Congress: but
no Senator or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot
for two Persons, of whom one at least shall not be an Inhabitant of the
same State with themselves. And they shall make a List of all the
Persons voted for, and of the Number of Votes for each; which List they
shall sign and certify, and transmit sealed to the Seat of the
Government of the United States, directed to the President of the
Senate. The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certificates, and the Votes
shall then be counted. The Person having the greatest Number of Votes
shall be the President, if such Number be a Majority of the whole Number
of Electors appointed; and if there be more than one who have such
Majority, and have an equal Number of Votes, then the House of
Representatives shall immediately chuse by Ballot one of them for
President; and if no Person have a Majority, then from the five highest
on the List the said House shall in like manner chuse the President. But
in chusing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; a quorum for this
Purpose shall consist of a Member or Members from two thirds of the
States, and a Majority of all the States shall be necessary to a Choice.
In every Case, after the Choice of the President, the Person having the
greatest Number of Votes of the Electors shall be the Vice President.
But if there should remain two or more who have equal votes, the Senate
shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day
on which they shall give their Votes; which Day shall be the same
throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United
States, at the time of the adoption of this Constitution, shall be
eligible to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to the Age of thirty
five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death,
Resignation, or Inability to discharge the Powers and Duties of the said
Office, the Same shall devolve on the Vice President, and the Congress
may by Law provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President, declaring what
Officer shall then act as President, and such Officer shall act
accordingly, until the Disability be removed, or a President shall be
elected.
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be encreased nor diminished during the
Period for which he shall have been elected, and he shall not receive
within that Period any other Emolument from the United States, or any of
them.
Before he enter on the Execution of his Office, he shall take the
following Oath or Affirmation:--"I do solemnly swear (or affirm) that I
will faithfully execute the Office of President of the United States,
and will to the best of my Ability, preserve, protect and defend the
Constitution of the United States."
Section. 2. The President shall be Commander in Chief of the Army and
Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any Subject relating to the Duties of their
respective Offices, and he shall have Power to grant Reprieves and
Pardons for Offences against the United States, except in Cases of
Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of the Senators present concur;
and he shall nominate, and by and with the Advice and Consent of the
Senate, shall appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law vest the
Appointment of such inferior Officers, as they think proper, in the
President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen
during the Recess of the Senate, by granting Commissions which shall
expire at the End of their next Session.
Section. 3. He shall from time to time give to the Congress Information
of the State of the Union, and recommend to their Consideration such
Measures as he shall judge necessary and expedient; he may, on
extraordinary Occasions, convene both Houses, or either of them, and in
Case of Disagreement between them, with Respect to the Time of
Adjournment, he may adjourn them to such Time as he shall think proper;
he shall receive Ambassadors and other public Ministers; he shall take
Care that the Laws be faithfully executed, and shall Commission all the
Officers of the United States.
Section. 4. The President, Vice President and all civil Officers of the
United States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article. III.
Section. 1. The judicial Power of the United States, shall be vested in
one supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish. The Judges, both of the supreme and
inferior Courts, shall hold their Offices during good Behaviour, and
shall, at stated Times, receive for their Services, a Compensation,
which shall not be diminished during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;--to
all Cases affecting Ambassadors, other public Ministers and Consuls;--to
all Cases of admiralty and maritime Jurisdiction;--to Controversies to
which the United States shall be a Party;--to Controversies between two
or more States;--between a State and Citizens of another State;--between
Citizens of different States,--between Citizens of the same State
claiming Lands under Grants of different States, and between a State, or
the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls,
and those in which a State shall be Party, the supreme Court shall have
original Jurisdiction. In all the other Cases before mentioned, the
Supreme Court shall have appellate Jurisdiction, both as to Law and
Fact, with such Exceptions, and under such regulations as the Congress
shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by
Jury; and such Trial shall be held in the State where the said Crimes
shall have been committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress may by Law have
directed.
Section. 3. Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies, giving them
Aid and Comfort. No Person shall be convicted of Treason unless on the
Testimony of two Witnesses to the same overt Act, or on Confession in
open Court.
The Congress shall have Power to declare the Punishment of Treason, but
no Attainder of Treason shall work Corruption of Blood, or Forfeiture
except during the Life of the Person attainted.
Article. IV.
Section. 1. Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every other State. And
the Congress may by general Laws prescribe the Manner in which such
Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who
shall flee from Justice, and be found in another State, shall on Demand
of the executive Authority of the State from which he fled, be delivered
up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in Consequence of any Law or
Regulation therein, be discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be due.
Section. 3. New States may be admitted by the Congress into this Union;
but no new State shall be formed or erected within the Jurisdiction of
any other State; nor any State be formed by the Junction of two or more
States, or Parts of States, without the Consent of the Legislatures of
the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules
and Regulations respecting the Territory or other Property belonging to
the United States; and nothing in this Constitution shall be so
construed as to prejudice any Claims of the United States, or of any
particular State.
Section. 4. The United States shall guarantee to every State in this
Union a Republican Form of Government, and shall protect each of them
against Invasion; and on Application of the Legislature, or of the
Executive (when the Legislature cannot be convened) against domestic
Violence.
Article. V.
The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or, on the
Application of the Legislatures of two thirds of the several States,
shall call a Convention for proposing Amendments, which, in either Case,
shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three fourths of the
several States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the Congress;
Provided that no Amendment which may be made prior to the Year One
thousand eight hundred and eight shall in any Manner affect the first
and fourth Clauses in the Ninth Section of the first Article; and that
no State, without its Consent, shall be deprived of it's equal Suffrage
in the Senate.
Article. VI.
All Debts contracted and Engagements entered into, before the Adoption
of this Constitution, shall be as valid against the United States under
this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made
in Pursuance thereof; and all Treaties made, or which shall be made,
under the Authority of the United States, shall be the supreme Law of
the Land; and the Judges in every State shall be bound thereby, any
Thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
The Senators and Representatives before mentioned, and the Members of
the several State Legislatures, and all executive and judicial Officers,
both of the United States and of the several States, shall be bound by
Oath or Affirmation, to support this Constitution; but no religious Test
shall ever be required as a Qualification to any Office or public Trust
under the United States.
Article. VII.
The Ratification of the Conventions of nine States, shall be sufficient
for the Establishment of this Constitution between the States so
ratifying the Same.
The Word, "the," being interlined done in Convention by the
between the seventh and eighth Unanimous Consent of the
Lines of the first Page, The Word States present the Seventeenth
"Thirty" being partly written on an Day of September in the Year
Erazure in the fifteenth Line of of our Lord one thousand seven
the first Page, The Words "is hundred and Eighty seven and
tried" being interlined between the of the Independence of the
thirty second and thirty third United States of America the
Lines of the first Page and the Twelfth In witness whereof We
Word "the" being interlined between have hereunto subscribed our
the forty third and forty fourth Names,
Lines of the second Page.
Attest WILLIAM JACKSON Secretary
G^o WASHINGTON--Presid^t
and deputy from Virginia
New Hampshire {JOHN LANGDON }
{NICHOLAS GILMAN}
Massachusetts { NATHANIEL GORHAM
{ RUFUS KING
Connecticut { W^M: SAM^L JOHNSON
{ ROGER SHERMAN
New York ALEXANDER HAMILTON
New Jersey { WIL: LIVINGSTON
{ DAVID BREARLEY
{ W^M PATERSON
{ JONA: DAYTON
Pennsylvania { B FRANKLIN
{ THOMAS MIFFLIN
{ ROB^T MORRIS
{ GEO. CLYMER
{ THO^S FITZSIMONS
{ JARED INGERSOLL
{ JAMES WILSON
{ GOUV MORRIS
Delaware { GEO: READ
{ GUNNING BEDFORD jun
{ JOHN DICKINSON
{ RICHARD BASSETT
{ JACO: BROOM
Maryland { JAMES M^CHENRY
{ DAN OF S^T THO^S JENIFER
{ DAN^L CARROLL
Virginia { JOHN BLAIR--
{ JAMES MADISON Jr.
North Carolina { W^M BLOUNT
{ RICH^D DOBBS SPAIGHT
{ HU WILLIAMSON
South Carolina { J. RUTLEDGE
{ CHARLES COTESWORTH PINCKNEY
{ CHARLES PINCKNEY
{ PIERCE BUTLER
Georgia { WILLIAM FEW
{ ABR BALDWIN
[Illustration: First Page of the Constitution (reduced)]
IN CONVENTION Monday September 17^{th}. 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, M^r Hamilton from New York,
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in
Congress assembled, and that it is the Opinion of this Convention, that
it should afterwards be submitted to a Convention of Delegates, chosen
in each State by the People thereof, under the Recommendation of its
Legislature, for their Assent and Ratification; and that each Convention
assenting to, and ratifying the Same, should give Notice thereof to the
United States in Congress assembled.
Resolved, That it is the Opinion of this Convention, that as soon as the
Conventions of nine States shall have ratified this Constitution, the
United States in Congress assembled should fix a Day on which Electors
should be appointed by the States which shall have ratified the same,
and a Day on which the Electors should assemble to vote for the
President, and the Time and Place for commencing Proceedings under this
Constitution. That after such Publication the Electors should be
appointed, and the Senators and Representatives elected: That the
Electors should meet on the Day fixed for the Election of the President,
and should transmit their Votes certified, signed, sealed and directed,
as the Constitution requires, to the Secretary of the United States in
Congress assembled, that the Senators and Representatives should convene
at the Time and Place assigned; that the Senators should appoint a
President of the Senate, for the sole Purpose of receiving, opening and
counting the Votes for President; and, that after he shall be chosen,
the Congress, together with the President, should, without Delay,
proceed to execute this Constitution.
By the Unanimous Order of the Convention
G^O: WASHINGTON Presid^t.
W. JACKSON Secretary.
INDEX
A
Accounts of expenditures.
_See_ Expenditures of government.
Acts, originating of.
_See_ Legislature, national, acts of.
Address to accompany constitution, moved, ii., 347;
considered, 377.
Adjournment of legislature.
_See_ Legislature, national, power of.
Age, of executive.
_See_ Executive, national, age of.
Of Representatives.
_See_ Legislature, national, House of Representatives.
Of Senators.
_See_ Legislature, national, Senate.
Allen, Paul, signs address from Rhode Island, i., 11, n.
Amendments to constitution, provision for, debated, i., 79, 122, ii.,
384;
postponed, i., 79;
debated, 122, 287;
agreed to, 137, ii., 30;
motion to reconsider clause, 339;
moved that states agree to, 340.
Appointment, power of.
_See_ Executive, national, power of;
Judiciary, national, supreme;
Legislature, national. Senate.
Appropriations, originating of, _see_ Legislature, national, money
bills;
accounts of, _see_ Expenditures of government.
Aristocracy, fear of, expressed by Mason, i., 310;
defended by G. Morris, 310, ii., 98;
probability of, 159.
Armies, power to raise and support.
_See_ Legislature, national, power of.
Arnold, Welcome, signs address from Rhode Island, i., 11, n.
Arsenals, Forts, etc.
_See_ Forts, Arsenals, etc.
Articles of Confederation, amendments to, proposed by Dickinson, i.,
166.
B
Baldwin, Abraham, Ga., attends convention, i., 114;
favors representation in Senate by wealth of states, 271;
Pierce's sketch of, 271, n.;
on compromise committee on representation, 292;
thinks foreigners should be excluded from government, ii., 145;
thinks provisions on citizenship should not extend to those already
citizens, 148;
appointed on grand committee, 193;
thinks slave trade not a national question, 222;
on committee on navigation acts, 225;
moves that duty on slaves be uniform, 251;
thinks public lands should be guaranteed to states, 281;
on committee of August 31, 292;
thinks members of legislature should be ineligible to other offices,
296;
approves plan of electing executive by electors, 302;
moves to exclude from new offices members of first legislature, 371.
Bankruptcy, uniform law of.
_See_ Legislature, national, power of;
House of Representatives.
Barton, William, signs address from Rhode Island, i., 11, n.
Bassett, Richard, Del., attends convention, i., 1;
Pierce's sketch of, 1, n.
Bedford, Gunning, Del., attends convention, i., 5;
favors short term for executive, 54;
Pierce's sketch of, 54, n.;
opposes absolute veto in executive, 72;
opposes negative of state laws by legislature, 105;
threatens foreign alliance of small states, 283;
on compromise committee on representation, 292;
explains threat of foreign alliance, 300;
moves that national legislature make laws when harmony would be
interrupted by state legislation, 372;
prefers appointment of judges by Senate, 386;
opposes provision against standing army, ii., 374;
favors increase in representation of Rhode Island and Delaware, 379.
Bill of Rights, inclusion of, debated, ii., 364.
Bills of attainder.
_See_ Legislature, national, power of.
Bills of credit, power to emit.
_See_ Legislature, national, power of.
Blair, John, Va., attends convention, i., 1;
Pierce's sketch of, 1, n.
Blount, William, N. C., attends convention, i., 189;
announces he will sign constitution, ii., 394;
Pierce's sketch of, 394, n.
Bowen, Jabez, signs address from Rhode Island, i., 11, n.
Brearley, David, N. J., attends convention, i., 1;
favors equal vote of states in national legislature, 109;
Pierce's sketch of, 109, n.;
moves that New Hampshire delegates be sent for, 272;
opposes election of executive by joint ballot, ii., 243;
seconds motion to elect executive by states, 244;
on committee of August 31, 292;
reports from committee, 292, 296, 304;
seconds motion against amendments, 386.
Broome, Jacob, Del., attends convention, i., 1;
favors nine years' term for Senators, 238;
insists upon equal representation for New Jersey in Senate, 327;
opposes adjournment on question of representation, 368;
opposes seven years' term for executive, 379;
Pierce's sketch of, ii., 8, n.;
seconds motion to postpone clause fixing term of executive, 44;
seconds motion to except army and navy from disqualification from
legislature, 166;
thinks legislature can fix their own compensation, 168;
favors same compensation for both houses of legislature, 170;
thinks national government should punish for treason, 206;
seconds motion in favor of national negative of state laws, 236;
moves reference of question of term of executive, 245.
Brown, John, signs address from Rhode Island, i., 11, n.
Brown, Nicholas, signs address from Rhode Island, i., 11, n.
Butler, Pierce, S. C., attends convention, i., 2;
moves secrecy of proceedings, 10;
Pierce's sketch of, 11, n.;
moves debate on national government, 33;
wants explanation of personnel of Senate, 43;
fears deprivation of state powers, 46;
favors single executive, 66;
opposes absolute negative in executive, 72;
proposes power of suspending legislation for executive, 75;
opposed to institution of inferior judiciary, 83, 388;
opposes indefinite negative of state laws by legislature, 106;
favors wealth as basis of representation, 115, 120, 307, 321;
thinks Senators should have no compensation, 129;
thinks Senate should have power to originate money bills, 132;
moves vote on compensation of legislature, 213;
favors ineligibility to all other offices of Representatives, 214;
opposes ineligibility of Representatives to offices created during
their term, 218;
thinks candidates for office will not be wanting, 222;
moves question of representation in Senate, 235;
opposes ineligibility of Senators to state offices, 246;
opposes report of compromise committee on representation, 298;
moves increase in representation of South Carolina, 325;
insists upon inclusion of blacks in representation, 331;
thinks slave labor as productive as free labor, 331;
favors representation by population, 341;
demands security for slavery, 352;
thinks powers of legislature loosely defined, 366;
opposes frequent elections of executive, ii., 9;
favors election of executive by electors chosen by state
legislatures, 52;
opposes re-eligibility of executive, 52;
moves to refer question of executive to committee of detail, 56;
favors fixing plan for national capital, 67;
thinks question of suffrage should be left to states, 97;
moves three years' inhabitancy for Representatives, 110;
thinks money bills should originate in House, 115;
favors long inhabitancy for Senators, 122;
urges postponement of clause concerning eligibility of members of
legislature to other offices, 166;
favors state compensation for members of legislature, 167;
opposes power to emit bills of credit, 181, 183;
thinks President should have power to declare war, 188;
moves that legislature have power to declare peace, 189;
thinks militia should be under national control, 196;
favors adjustment of taxation to representation, 212;
opposes federal power over exports, 214, 224;
moves discrimination in paying creditors, 238;
moves reconsideration of question of discharging debts, 241;
thinks creditors should stand where they are, 249;
on committee of August 25, 254;
moves that fugitive slaves and servants be surrendered, 267, 274;
favors commercial regulations to be made by two-thirds vote, 271;
thinks new states should not be made without consent of old states,
276;
thinks nine states may ratify constitution, 285;
on committee of August 31, 292;
thinks election of executive by electors objectionable, 302;
favors making treaties of peace without President, 330;
thinks Congress must sanction state export duties, 366;
dislikes form of signing, 396, n.
C
Canals, provision for, proposed.
_See_ Legislature, national, power of.
Capital, national.
_See_ Seat of government.
Capitation tax.
_See_ Taxation, capitation.
Captures.
_See_ Legislature, national, power of.
Carrington, Edward, to Jefferson, on progress of convention, i., 107,
n.;
to Madison, 130, n.;
to Monroe, ii., 90, n.;
to Madison, 142, n.
Carroll, Daniel, Md., attends convention, i., 318;
favors national power to suppress insurrection, 392;
Pierce's sketch of, ii., 38, n.;
doubts propriety of per capita voting in Senate, 38;
favors election of executive by electors chosen by lot from national
legislature, 47;
thinks direct taxation should depend on census, 47;
opposes disqualification from legislature of persons having
unsettled government accounts, 63;
thinks number for quorum cannot be fixed, 135;
thinks right of expulsion should be with two-thirds of legislature,
136;
moves Senators be permitted to enter dissent to measures, 136;
fears New York will be capital, 140;
moves five years' citizenship for Representatives, 148;
explains provision as to money bills in Maryland, 157;
favors national compensation for members of legislature, 168, 169;
thinks greater checks to bad laws necessary, 174;
thinks a quorum should be more than a majority, 177;
thinks exports should not be taxed, 181;
opposes taxation by congressional representation, 209;
thinks prohibition of _ex post facto_ laws necessary, 228;
moves election of executive by the people, 243, 245;
moves provision to prevent favoring ports of entry, 252;
on committee of August 25, 254;
objects to requiring consent of states to dismemberment, 277;
moves that right of U. S. to public lands be confirmed, 280;
moves that land question go to Supreme Court, 281;
moves to postpone question of ratification, 284, 286;
thinks all the states must ratify, 286;
thinks Maryland must ratify as required by Maryland law, 286;
thinks vessels should enter and clear in their own states, 291;
on committee of August 31, 292;
proposes an address to the people, 377;
moves states have power to lay tonnage taxes, 380;
urges larger representation, 392.
Census, taking of, debated, i., 327, 340;
every fifteen years, vote on, 340;
two years after meeting of legislature, 344;
ordered within six years after meeting of legislature, 346;
every ten years, 347;
every twenty years, 346;
first to be in three years, ii., 208.
Charters, power to grant, proposed.
_See_ Legislature, national, power of.
Citizenship, of Representatives, _see_ Legislature, national, House of
Representatives, Senate;
uniformity of, in the several states, agreed to, ii., 266.
Clymer, George, Pa., attends convention, i., 5;
appointed on grand committee, ii., 193;
thinks power to tax exports should exist for revenue only, 217;
Pierce's sketch of, 217, n.;
on committee on navigation acts, 225;
disapproves slave-trade arrangement, 251;
thinks states should regulate their own manufactures, 266;
favors commercial regulations, 270;
moves to postpone ratification question, 286;
favors ratification by a majority of the people and the states, 287;
objects to Senate's power, 315;
thinks old Congress need not sanction constitution, 345.
Commercial regulations.
_See_ Navigation acts.
Committee, grand, appointed, ii., 193.
Committee of the whole, convention goes into, i., 32;
reports, 134;
last session, 165.
Committee on detail, resolutions referred to, ii., 67;
report of, 76;
debated, 90.
Committee on plan of compromise, appointed, i., 292;
reports, 293.
Committee on rules, appointed, i., 5;
reports, 7.
Committee on style and arrangement, appointed, ii., 338;
report of, 347, 369;
debated, 367, 368.
Committee on sumptuary legislation, appointed, ii., 366.
Compensation of executive.
_See_ Executive, national, compensation of.
Compensation of judiciary.
_See_ Judiciary, national, compensation of.
Compensation of legislature.
_See_ Legislature, national, compensation of.
Compromise on representation, debate on, i., 287;
report of committee on, 294.
Confederation, articles of.
_See_ Articles of Confederation.
Congress.
_See_ Legislature, national.
Constitution, engrossed, read, ii., 389;
text of, 398.
Continental Congress, continuance of, till constitution goes into
effect, proposed, i., 79;
agreed to, 137;
debate on, 390.
Contracts, impairment of, prohibited, ii., 377.
Copyright law.
_See_ Legislature, national, power of.
Council, executive.
_See_ Executive council.
Council of revision of laws, debate on, i., 69; ii., 17.
Counterfeiting, power to punish, debated, ii., 185.
Courts.
_See_ Judiciary.
Credentials of delegates read, i., 4.
D
Davie, William Richardson, N. C., attends convention, i., 2;
Pierce's sketch of, 65, n.;
opposes unequal representation in Senate, 279;
on committee on compromise on representation, 292;
insists that blacks be included in basis of representation, 342;
favors impeachability of executive, ii., 11;
proposes eight years' term for executive, 43.
Dayton, Jonathan, N. J., attends convention, i., 200;
opposes compensation of Senators by state legislatures, 245;
Pierce's sketch of, 245, n.;
favors voting in House by states, 252;
favors equal representation in Senate, 282;
insists on equality of small states, 356;
favors representation by free inhabitants, ii., 114;
thinks a standing army necessary, 195;
proposes mixed control of militia, 231, 232;
thinks judiciary will decide controversies between states, 241;
opposes election of executive by joint ballot, 243;
moves election of executive by states, 244;
on committee of August 25, 254;
thinks tranquillity of states should be guaranteed, 282;
moves ratification by ten states, 287;
moves that treaties be made without two-thirds of Senate, 334;
objects to state export duties, 365.
Debt, national, report on, ii., 209;
debate on, 210;
proposition for settling, 210;
provision for payment of, 226, 238;
reconsideration of, proposed, 241;
motion to make payment obligatory, debated, 249.
_See_ Legislature, national, power of.
Delaware, increase in representation of, moved, ii., 379.
Detail, committee on.
_See_ Committee on detail.
Dickinson, John, Del., attends convention, i., 12;
moves removability of executive by state legislatures, 62;
Pierce's sketch of, 62, n.;
favors separation of branches of government, 63;
favors institution of inferior judiciary, 83;
favors election of Representatives by people, 89;
favors negative over laws by executive, 93;
moves that Senators be elected by legislatures, 94;
thinks Senate should resemble House of Lords, 95;
thinks preservation of states necessary, 97;
favors negative by legislature over state laws, 105;
favors representation by wealth, 115;
proposes postponement of Jersey plan, 151;
proposes amendment of articles of confederation, 152;
favors three years' term for Representatives, 207;
favors election of executive by the people, ii., 55;
opposes property qualification for legislature, 61;
favors restriction of suffrage to freeholders, 97;
proposes ---- years' residency for Representatives, 108;
thinks provision as to money bills should stand, 154;
proposes fixed payment for members of legislature every twelve
years, 169;
moves both branches of legislature receive the same pay, 170;
thinks judiciary should not have power to set a law aside, 173;
moves that rebellion against government be suppressed, 187;
appointed on grand committee, 193;
thinks great appointments should be made by legislature, 194;
thinks treason should be defined, 204;
thinks war against one state the same as against all, 207;
moves that representation of large states be limited, 210;
favors power over exports, 214;
on committee on navigation acts, 225;
thinks President should share in treaty-making power, 239;
moves executive have power to appoint to future offices, 246;
moves executive appoint officers not to be appointed by states,
247;
moves to permit slave trade in states permitting it, 251;
favors postponement of question of executive succession, 256;
thinks legislature will not improperly ask removal of judges, 257;
moves that judiciary have equity power, 260;
explains meaning of _ex post facto_ laws, 268;
thinks small states should not secure claims of large states, 276;
moves that legislatures consent to formation of new states, 280;
thinks tranquillity of states should be guaranteed, 282, 283;
asks if Congress is to concur in constitution, 284;
on committee of August 31, 292;
thinks eventual election of President should be with whole
legislature, 310;
moves that vote of presidential electors be from all who are
appointed, 312;
favors an executive council, 332;
objects to state export duties, 366;
on committee on sumptuary legislation, 366;
moves to strike out "direct taxes," 367.
Duties on exports.
_See_ Exports.
Imports.
_See_ Imports.
E
Election, of executive.
_See_ Executive, national, election of.
Of Representatives.
_See_ Legislature, national, House of Representatives, election
of.
Of Senators.
_See_ Legislature, national, Senate, election of.
Electors.
_See_ Executive, national, election of.
Ellsworth, Oliver, Conn., attends convention, i., 5;
Pierce's sketch of, 120, n.;
opposes ratification by conventions, 189;
favors one-year term for Representatives, 207;
favors payment of Representatives by states, 209;
favors payment of Senators by states, 245;
favors election of Senators by legislatures, 234;
favors equal state representation in Senate, 269, 275, 285;
on committee on compromise on representation, 292;
favors compromise on representation, 301;
opposes increase in representation, 325;
favors free inhabitants and three-fifths of slaves as basis of
taxation, 343;
favors representation by free inhabitants and three-fifths slaves,
344;
opposes adjustment of taxation and representation after census, 349;
insists upon state equality in Senate, 363;
moves election of executive by electors appointed by legislatures,
ii., 7;
favors six years' term for executive, 9;
moves increase in electors of New Hampshire and Georgia, 10;
favors inclusion of judiciary in revisionary power, 18;
favors appointment of judges by Senate with power negative of
appointment by executive, 27;
favors ratification of constitution by state legislatures, 31, 34;
favors voting per capita in Senate, 37;
favors re-eligibility of executive, 42;
on committee to report constitution, 48;
moves election of executive by legislature and re-election by
electors named by state legislatures, 48;
opposes election of executive by the people, 51;
opposes disqualification of public debtors from legislature, 65;
thinks time of meeting of legislature ought to be fixed, 93;
thinks legislature ought to meet in winter, 95;
thinks question of suffrage should be left to states, 96;
thinks suffrage should be liberal, 97;
thinks Representatives should reside in their states, 108;
moves that Representatives be residents of their states for a year,
109;
thinks ratio of Representatives to inhabitants may change, 112;
thinks originating money bills in House unimportant, 116, 118;
thinks state executives should fill vacancies in Senate, 117;
opposes fourteen years' citizenship for Senators, 121;
thinks property qualification for members of government should not
be fixed, 130, 131;
thinks number for quorum should not be small, 134;
thinks no provision necessary for yeas and nays, 136;
thinks provision for journal unnecessary, 138;
favors ineligibility of members of legislature to other offices,
165;
favors national compensation for members of legislature, 166;
thinks members of legislature may fix their pay, 169;
moves $5 per day as payment for legislature, 169;
urges necessity of reaching a decision, 175;
thinks exports should not be taxed, 179;
opposes power to emit bills of credit, 182;
moves to enlarge power over piracies, felonies, etc., 186;
thinks executive should have power to suppress rebellion in a state,
186;
defines power of making war and peace, 188;
thinks state debts may be assumed by nation, 192;
urges consideration of President's council, 193;
thinks states should have partial control over militia, 195, 197;
thinks power of taxation includes sumptuary power, 202;
thinks treason sufficiently defined, 203, 205, 207;
moves census in three years, 208;
moves report on state debts lie on table, 210;
thinks adjustment of debts necessary, 211;
thinks taxation by representation unjust, 211;
thinks states may tax exports, 213;
thinks an embargo permissible, 215;
thinks slave trade a question for the states, 218, 220;
favors accepting constitution as it stands, 225;
thinks prohibition of _ex post facto_ laws unnecessary, 227;
thinks requirement of fulfilment of old government's engagements
unnecessary, 229;
favors national power to train militia, 230;
proposes mixed control of militia, 231;
opposes national negative of state laws, 237.
Emancipation.
_See_ Slavery.
Embargo, power to lay, debated, ii., 214, 215;
by states, debated, 264.
Executive council, proposed, i., 68;
debated, ii., 193, 331, 332.
Executive, national, debate on, i., 49;
provisions reconsidered, ii., 7;
referred to committee on detail, 56;
vote on, 59.
Age, nativity, and residence of, agreed to, ii., 336.
Compensation of, Franklin proposes no salary, i., 57, ii., 381;
mode of payment, 16.
Correspondence of, with states, debated, ii., 248.
Election of, proposed by district electors, i., 55, 56;
by national legislature for seven years, proposed, 57;
mode of, reconsidered, 53, 101, 107, 108, ii., 44, 46, 47, 48,
52, 53;
by state conventions, proposed, i., 109;
by national legislature, 374, 378, 379, ii., 40, 42, 55, 242;
by electors chosen by state legislatures, i., 377, ii., 8;
ratio of electors considered, 10;
electors not to be officials, 16;
by electors, debated, 38, 39, 297, 301, 307, 310, 322;
term of electors debated, 47;
re-election of electors considered, 52;
regulations as to age and residence debated, 226;
by states, proposed, 244;
by electors, defeated, 245;
when to take place, proposed, 290;
to be at seat of government, proposed, 317;
how vote is to be counted, debated, 317;
to fill vacancy, considered, 381;
verbal amendment of clause, 383.
Eligibility of, to re-election, debated, i., 67, 378, 383, ii., 1,
8, 40, 42.
Exclusion from, of those indebted to government, considered, ii.,
61.
Foreign ambassadors to be received by, ii., 254.
Impeachability of, agreed to, i., 65;
method of, debated, 385, 386, ii., 11, 15, 16, 335, 337;
moved to postpone question, 15;
House to have power of, 116.
Militia to be commanded by, when in active service, ii., 255.
Native citizens only to be eligible, ii., 299.
Negative of, on national legislation, debated, i., 54, 69, 74,
385, ii., 174, 175, 361;
qualified, agreed to, i., 75, ii., 25;
inclusion of judiciary in, proposed, i., 75;
absolute, debated, ii., 12;
ten days allowed for, 176;
agreed to, 176;
moved to extend to resolutions, 176.
Oath of, prescribed, ii., 256.
Power of, debated, i., 52, 53, 58, 91, 378, ii., 17, 46, 254, 299;
to make appointments, i., 379, ii., 246, 328, 329, 334, 383;
to revise legislation, 17, 25, 246;
to pardon criminals, 254, 381;
to make treaties, 327, 329;
to demand opinions of heads of departments, 330;
to convene either house of legislature, 338.
Removability of, on request of state legislatures, debated, i.,
62, 65;
question postponed, ii., 256, 299;
debated, 299.
Single, proposed, i., 51, 65, 69;
agreed to, 374, ii., 242;
debate on, 41.
Succession in, debated and postponed, ii., 256.
Term of, debated, i., 54, 155, 379, ii., 9, 42, 58, 59, 80;
seven years', proposed, i., 54, 378, 383, ii., 9, 316;
during good behavior, proposed, i., 382;
six years', proposed, ii., 9, 316;
six years in twelve, proposed, 56.
Expenditures of government, moved that an account of be published,
ii., 376, 377.
Expenses of convention, provision for, ii., 303, 306.
Exports, tax on, debated, ii., 177, 213, 254;
state power to tax, debated, 266, 364.
_Ex post facto_ laws.
_See_ Legislature, national, power of.
Expulsion from legislature.
_See_ Legislature, national, expulsion from.
F
Federal or national government, debate on, i., 32.
Felonies.
_See_ Piracies and felonies.
Few, William, Ga., attends convention, i., 2;
Pierce's sketch of, 2, n.;
on committee of August 25, ii., 254.
Fitzsimmons, Thomas, Pa., attends convention, i., 1;
favors restriction of suffrage to freeholders, ii., 96;
opposes power to tax exports, 216;
on committee of August 25, 254;
admits inconvenience to require vessels to enter and clear in their
own state, 291;
seconds motion to include House of Representatives in treaty-making
power, 327;
thinks old Congress need not sanction constitution, 343;
favors incidental state export duties, 365;
thinks publication expenditures impossible, 376.
Forts, arsenals, etc., provision for acquisition of, ii., 306.
Franklin, Benj., Pa., attends convention, i., 5;
Pierce's sketch of, 49, n.;
moves that executive receive no salary, 57;
opposes negative in executive, 70;
favors executive council, 71;
opposes single executive, 74;
suggests method for choosing judges, 77;
appeals for harmony in convention, 115;
favors proportional representation, 115;
objects to liberal compensation for legislature, 126;
favors no salary for Senators, 244;
thinks voting in Senate not a separate question, 259;
proposes prayers in convention, 260;
favors compromise on representation, 280;
on committee on compromise on representation, 292;
thinks money bills should originate in House, 311;
favors power to increase judges' salaries, 387;
favors impeachability of executive, ii., 12, 14;
thinks executive returning to private life no degradation, 68;
favors general suffrage, 100;
thinks compromise on representation should stand, 118;
opposes long residence in the states for Senators, 122;
thinks new citizens will not be elected to Senate, 125;
opposes property qualification for officers of government, 130;
thinks two witnesses necessary in treason cases, 206;
favors executive council, 331;
seconds motion for second convention, 347;
on committee on sumptuary legislation, 366;
moves legislature have power to cut canals, 372;
moves to limit President's emoluments, 381;
proposes plan for signing constitution, 389;
disclaims personal reflections on non-signatories, 394;
thinks members cannot pledge themselves, 396;
remarks on signing, 397.
Franklin, William Temple, nominated for secretary of convention, i.,
4.
G
General-welfare clause.
_See_ Legislature, national, power of.
Georgia, increase in representation of, moved, i., 324.
Gerry, Elbridge, Mass., attends convention, i., 12;
doubts if convention can form national government, 34;
Pierce's sketch of, 34, n.;
opposes election of Representatives by the people, 40, 42, 84;
favors an executive council, 51;
opposes election of executive by national legislature, 56;
opposes inclusion of judiciary in council of revision, 69, 92;
favors single executive, 69;
favors qualified negative on legislation by executive, 70;
favors provision for amendments, 79;
opposes ratification of constitution by the people, 80;
favors election of Senators by state legislatures, 97, 99;
moves reconsideration of question of choosing executive, 101;
moves indefinite negative on state laws by national legislature,
103;
moves election of executive by state executives, 107, ii., 49;
favors representation based on free population, i., 120;
opposes requiring oath to national government from state officers,
123;
favors one-year term for Representatives, 124;
proposes that Senate shall not originate money bills, 132;
thinks maximum and minimum for quorum should be fixed, 134;
favors ineligibility of Representatives to other offices, 220, 223;
opposed to monarchy, 242;
favors four or five years' term for Senators, 243;
opposes equal state representation, 268;
favors committee to compromise representation, 292;
on committee to arrange compromise on representation, 292;
offers report of committee of compromise on representation, 293;
favors compromise on representation, 302;
favors representation on basis of population and wealth, 305;
thinks originating money bills in House a concession, 310;
moves to postpone question of voting in Senate, 313;
favors increase in representation, 326;
thinks three-fifths of blacks sufficient proportion as basis of
representation, 331;
thinks taxation and representation cannot be arranged, 347;
favors direct taxation according to representation, 347, 350;
favors originating money bills in House, 356;
favors compromise on representation in Senate, 357;
opposes adjournment on question of representation, 368;
opposes re-eligibility of executive, ii., 7, 42, 43;
favors election of executive by electors appointed by state
legislatures, 8;
moves ratio for electors for executive, 10;
favors impeachability of executive, 13;
moves that electors for executive be not officials, 16;
opposes inclusion of judiciary in revisionary power, 19, 24;
favors appointment of judges by Senate, 28;
moves that officers take oath of allegiance, 30;
thinks constitution should be ratified by legislatures, 32;
moves appointment of committee to report constitution, 39;
moves election of executive by legislatures, 42;
suggests fifteen years' term for executive, 43;
proposes referring term of executive to committee, 44, 46;
opposes election of executive by electors chosen by lot from
national legislatures, 47;
favors election of executive for not more than six years in twelve,
53;
opposes popular election of executive, 54;
favors exclusion from office of those indebted to government, 61,
64;
favors exclusion from legislature of pensioners, 64;
favors prohibiting state and national capital at same place, 66;
thinks quorum should be fixed, 134;
moves to permit Senate to publish journal, 137, 138;
thinks executive should not influence place of meeting of
legislature, 140;
thinks none but natives should be Representatives, 143;
declares his state opposes members of legislature holding any other
offices, 161;
points out objections to both national and state legislatures, 202;
thinks exports should not be taxed, 179;
moves to include post roads in power of legislature, 181;
thinks rebellion should be suppressed on state application, 186;
moves legislature have power to declare war, 188;
favors giving legislature power to make peace, 189;
thinks letters of marque should be considered, 191;
thinks executive should not interfere in legislation, 194;
favors provision against large army in time of peace, 194, 195, 198;
moves committee be instructed to report on qualifications
for executive and impeachment of judges, 202;
opposes power to make sumptuary laws, 202;
moves that taxation be by congressional representation, 208, 211;
thinks states should pay their debts, 209;
opposes power to tax exports, 216;
thinks slave trade should not be sanctioned, 222;
moves prohibition of _ex post facto_ laws and bills of attainder,
227;
thinks government should have power to fulfil engagements of old
government, 229;
thinks national government should not control militia, 230;
thinks liberty will not be as safe in national as state government,
232;
warns convention against depriving states of their powers, 233;
thinks actual debts should be paid, 248;
seconds motion to remove judges on application of legislature, 257;
moves to postpone question of ratification, 289;
thinks members of legislature should not hold other offices, 295;
objects to appropriations for army for more than one year, 305;
objects to power to buy forts, etc., 305;
moves to reconsider four articles, 306;
objects to powers given President, 307;
objects to less than majority electing President, 310;
suggests eventual election of President by six Senators and seven
Representatives, 310;
seconds motion to permit Senate to choose President from three
candidates, 311;
moves that electors be not office-holders, 312;
moves change of clause for re-electing President, 312;
moves that states vote for President in legislature with at least
three members, 325;
withdraws motion, 325;
objects to Vice-President being President of Senate, 326;
thinks President will not be responsible for his appointments, 328;
thinks treaties of peace must be carefully guarded, 330;
thinks it dangerous to put too much power in Senate, 333;
moves two-thirds vote of Senate for treaties, 333;
seconds motion for majority for treaties of whole number of
Senators, 334;
proposes that notice of treaties to Senators be required, 334;
moves no appointments be allowed except as authorized by law, 335;
thinks impeachability of President should be extended, 335;
moves legislature have sole right to create offices, 338;
moves reconsideration of provision for amendments, 339;
seconds motion for states' consent to amendments, 341;
moves sanction of old Congress to constitution be asked, 342;
thinks ratification should be made difficult, 344, 346;
seconds a plan of ratification, 345;
favors two-thirds vote to override President's negative, 362;
urges clause requiring jury trials, 363;
moves bill of rights be prepared, 364;
moves that all proceedings of House be published, 370;
approves prohibition of _ex post facto_ laws, 375;
moves liberty of press be guaranteed, 375;
seconds motion for annual publication of accounts, 376;
moves prohibition of violation of contracts, 377;
moves jury trial be preserved in civil cases, 384;
moves verbal amendment relative to admission of states, 384;
moves convention be required to make amendments, 385;
favors a second constitutional convention, 388;
defends action in not signing constitution, 395;
refuses to sign, 398.
Gilman, Nicholas, N. H., attends convention, ii., 29;
Pierce's sketch of, 29, n.
Gorham, Nathaniel, Mass., attends convention, i., 5;
elected chairman of committee of the whole, 32;
favors national payment of Representatives, 210;
Pierce's sketch of, 210, n.;
opposed to ineligibility of Representatives to other offices, 214;
favors compromise on representation, 232;
opposes readjustment of land cession, 233;
favors four years' term for Senators, 236;
moves six years' term and rotation for Senators, 237;
thinks small states equally interested with large states in union,
262;
favors representation by population, 305;
on committee to arrange representation, 307;
defends report on representation, 319;
thinks standard of representation should be fixed, 334;
favors population as basis of representation, 339;
opposes defining legislature's powers, 366;
favors appointment of judges by Senate, 384;
favors appointment of judges by the people, 385;
favors appointment of judges by executive, 386;
moves appointment of judges by executive with consent of Senate,
387;
favors institution of inferior judicial tribunals, 389;
favors power to suppress insurrections, 391;
opposes inclusion of judiciary in revisionary power, ii., 18, 24;
thinks oath of allegiance no bar to amendments to constitution, 30;
opposed to ratification of constitution by legislatures, 33;
favors two Senators from each state, 37;
on committee to report constitution, 48;
favors prohibition of national capital at state capital, 66;
thinks constitution should fix time of meeting of legislature, 93;
favors voting by non-freeholders, 106;
thinks the new government will not last, 112;
thinks Senate should not originate money bills, 115;
thinks mode of electing Representatives should not be left to state
legislatures, 126;
thinks less than a majority may be a quorum of legislature, 132;
thinks yeas and nays need not be required, 136;
thinks provision concerning citizenship need not be retroactive,
146;
thinks Senate should be paid more than House, 170;
insists that money bills originate in House, 171;
urges necessity for action, 211;
opposes power to emit bills of credit, 181, 182;
moves appointment of treasurer by joint ballot of legislature, 183;
favors national support of army, 194;
thinks adjustment of debts may be left to national legislature, 210;
thinks union only of commercial advantage, 225;
suggests difficulties of ratifying treaties by legislature, 239;
thinks treaties should be negotiated in this country, 241;
doubts if judiciary can impartially decide controversies between
states, 242;
favors election of executive by joint ballot of legislature, 242;
seconds motion to extend period of slave trade, 250;
thinks duty on slaves may discourage importation, 252;
thinks precaution against discrimination in ports of entry
unnecessary, 253;
on committee of August 25, 254;
thinks prohibition of paper money dangerous, 262;
favors article providing for validity of state acts, 267;
on committee on interstate acts, 268;
thinks New England's motive for union dependent on commercial
arrangements, 273;
favors convention for ratification, 287;
thinks vessels should not be obliged to enter and clear in their own
states, 291;
thinks members of legislature may be eligible to other offices, 295;
thinks majority of Senate may elect President, 318;
thinks separate provision for treaties of peace unnecessary, 330;
thinks treaties need not require two-thirds of Senate, 334;
opposes conditional ratification, 343;
thinks jury question need not be included, 363;
objects to state export duties, 365;
thinks legislature should choose treasurer, 371;
thinks provision as to jury trials unnecessary, 384;
urges additional representation, 392.
Grand committee.
_See_ Committee, grand.
Grayson, William, to Madison, i., 5, n.;
to Monroe, 32, n.
H
Habeas corpus, necessity for preserving right of, debated, ii., 261.
Hall, Levi, signs address from Rhode Island, i., 11, n.
Halsey, Thomas Lloyd, signs address from Rhode Island, i., 11, n.
Hamilton, Alexander, N. Y., attends convention, i., 1;
nominates William Jackson for secretary of the convention, 4;
Pierce's sketch of, 4, n.;
on committee on rules, 4;
moves representation by free inhabitants, 37;
favors absolute negative of executive on legislation, 70;
moves proportional voting in Senate, 121;
presents his plan of government, 152;
explains views on powers of the states, 185, 189;
opposes election of Representatives by state legislatures, 205;
favors three years' term for Representatives, 209;
opposes fixing compensation for Representatives, 211;
opposes ineligibility of Representatives to other offices, 215, 223;
favors centralized government, 241;
opposes prayers in convention, 260;
writes to Washington about public sentiment, 293, n.;
thinks citizenship and inhabitancy alone necessary for
Representatives, iv., 144;
thinks President may be elected by a plurality of electors, 315;
appointed on committee on style and arrangement, 338;
favors increase in representation, 339;
favors easily made amendments, 340, 341;
thinks old Congress should sanction constitution, 342;
thinks constitution will be effective if ratified by nine states,
343;
moves a plan for ratification, 344;
withdraws it, 346;
favors two-thirds vote to override President's negative, 361;
urges members to sign constitution, 394.
Hamilton plan, presented, i., 152;
provisions of, 162;
text of, 164, n.
House of Representatives.
_See_ Legislature, national, House of Representatives.
Houston, William, Ga., attends convention, i., 49;
moves increase in representation of Georgia, 325;
opposes continuance of existing state constitutions, 391;
favors additional representation of electors for New Hampshire and
Georgia, ii., 10;
moves consideration of appointment of executive by electors, 39;
Pierce's sketch of, 39, n.;
moves election of executive by national legislature, 40.
Houstoun, William Churchill, N.J., attends convention, i., 1.
I
Impeachment, of executive.
_See_ Executive, national, impeachability of;
Legislature, national, Senate.
Of judiciary.
_See_ Judiciary, national, impeachment of.
Of national officers, provision for, struck out, i., 389;
to be suspended during trial, ii., 270.
Trials of, debated, i., 384, 385, ii., 259, 260, 297, 338.
Imports, power of states to tax, debated, ii., 264, 330;
duties on, uniformity of, agreed to, 291, 372.
Indians, power to legislate for, proposed, ii., 226.
Ingersoll, Jared, Pa., attends convention, i., 5;
considers signing to be recommending constitution, ii., 396;
Pierce's sketch of, 396, n.
Insurrections, power to suppress.
_See_ Republican government, guaranty of.
J
Jackson, William, nominated for secretary of convention, i., 3;
elected, 4.
Jay, John, writes Washington against foreigners, ii., 48, n.
Jefferson, Thomas, Monroe to, ii., 56, n.;
Madison to, 126, n., 320, n.
Jenckes, John, signs address from Rhode Island, i., 2, n.
Jenifer, Daniel, of St. Thomas, Md., attends convention, i., 55;
favors three years' term for Representatives, 124;
Pierce's sketch of, 124, n.;
favors ineligibility of Representatives to other offices, 223;
moves postponement of question of voting in Senate, 225;
favors requirement that vessels must enter and clear in their own
states, 295.
Jersey plan, the, submitted, i., 138;
text of, 139;
vote on, 185.
Jews, letter of, i., 323, n.
Johnson, William Samuel, Conn., attends convention, i., 55;
suggests compromise between Virginia and Jersey plans, 200;
Pierce's sketch of, 200, n.;
favors elections to Senate by state legislatures, 234;
favors representation by states in Senate, 261;
favors inclusion of blacks in basis of representation, 342;
thinks treason should be defined, ii., 204;
thinks there can be no treason against a state, 205;
on committee on navigation acts, 225;
thinks prohibition of _ex post facto_ laws unnecessary, 228;
thinks double control of treaties difficult, 239;
thinks judiciary will decide controversies between states, 241;
thinks obligations of old government binding on new, 249;
suggests judiciary have power over equity cases, 256;
moves extension of judicial power to cases arising under the
constitution, 259;
thinks acts of one state valid in courts of another state, 267;
on committee on interstate acts, 268;
thinks states cannot be dismembered, 276;
moves admission of states hereafter formed, 278;
thinks legislature may declare effect of state acts in states, 293;
appointed on committee on style and arrangement, 338;
submits report, 347;
favors provision for sumptuary legislation, 366;
on committee on sumptuary legislation, 366;
offers further report of committee on style and arrangement, 368.
Jones, Joseph, writes to Madison, ii., 366, n.
Journal of legislature's proceedings.
_See_ Legislature, national, journal of, House of Representatives,
Senate.
Journals of convention, disposition of, ii., 396, 397.
Judiciary, national, supreme, agreed to, i., 75;
consideration of, postponed, 130;
debated, 384.
Appointment to, debated, i., 76, 130, 136, 384, ii., 25;
by legislature, vote on, i., 78;
by Senate, agreed to, 132;
by executive, vote on, 386, ii., 29;
by executive with consent of Senate, debate on, i., 385;
exclusion from, of those indebted to government, ii., 61, 235.
Compensation of, fixed, agreed to, i., 375;
power to increase, vote on, 387;
debated, ii., 258.
Impeachment of, trial by Senate proposed, ii., 227.
Impeachment, power of, struck out, i., 388;
debated, ii., 260.
Inferior tribunals, debate on instituting, i., 81, 83, 84, 387,
388, ii., 184;
power of legislature to refer cases to, struck out, 260.
Jurisdiction of, debated, i., 129, 130, 136, 388, ii., 227;
over controversies between states, debated, 241;
to cases in equity proposed, 256;
over controversies in which United States is a party, debated,
259;
to cases arising under the constitution, debated, 259;
appellate, debated, 259, 260;
to be directed by legislature, proposed, 260;
extension of, to land grants proposed, 261;
to land claims, 281, 282;
to impeachment trials proposed, 335, 336.
Negative of, inclusion with executive proposed, i., 69, 75, 91,
93;
over state laws, debated, 374;
debated, ii., 174, 256.
Revisionary power of, debated, i., 69, ii., 17, 175.
State, power of, over national laws, debate on, 372;
will be bound by national laws, 374.
Tenure of, i., 76, 385, ii., 256.
Jury trial, right of, provided for, ii., 261;
in civil cases debated, 363;
motion to preserve, 367.
K
King, Rufus, Mass., attends convention, i., 1;
objects to report of committee on rules, 5;
Pierce's sketch of, 5, n.;
opposes representation by quotas of contributions, 36, 115;
notes of proceedings of convention, 39, n.;
opposes election of Senators by state legislatures, 44;
opposes inclusion of judiciary in council of revision, 69;
favors ratification of constitution by conventions, 81;
moves question of proportional representation, 115;
thinks Senate should have power to originate money bills, 133;
opposes sovereignty of the states, 186, 285;
insists upon election of Representatives by the people, 206;
favors national compensation for Representatives, 211;
opposes ineligibility of Representatives to other offices, 214, 219;
thinks New Hampshire deputies will attend, 272;
favors proportional representation in Senate, 281, 357;
thinks representation cannot be permanently fixed, 360;
on committee on question of representation, 307;
thinks slaves should count in representation, 322;
brings in report of committee on representation, 323;
thinks representation of the south too large, 323;
defends report on representation, 323;
opposes inclusion of three-fifths of blacks in representation, 338;
opposes representation by population, 345;
opposes ineligibility of executive to re-election, ii., 5, 42;
opposes short term for executive, 9;
opposes impeachability of executive, 13, 15;
favors ratification of constitution by legislatures, 35;
moves voting in Senate per capita, 37;
favors election of executive by state legislatures, 42;
proposes term of twenty years for executive, 43;
opposes election of executive by electors chosen by lot from
legislature, 47;
opposes freehold qualification for electors, 61;
thinks legislature need not meet annually, 93;
thinks representation should exclude slaves, 110;
opposes leaving time and mode of election of Representatives to
state legislatures, 128;
thinks less than a majority should be a quorum of legislature, 133;
thinks lowest number for a quorum may be fixed, 134, 135;
thinks legislature should not have power to change place of meeting,
139;
thinks state debts should be assumed by nation, 192, 193;
thinks state lands ought to be given up, 193;
appointed on grand committee, 193;
thinks states may punish treason under a different name, 205;
thinks national government should punish for treason, 206;
thinks treason against a state same as against nation, 207;
thinks slaves should be taxed, 223;
on committee on navigation acts, 225;
explains provisions as to militia, 230;
admits duty on slaves part of compromise agreement, 251;
moves to prohibit states from violating private contracts, 263;
moves to prohibit states from taxing exports, 266;
thinks states should regulate their own manufactures, 265;
thinks all the states must ratify constitution, 285;
moves that only states ratifying be operated on by constitution,
285;
thinks constitution must be ratified by conventions, 286;
thinks state constitution no bar to ratification, 287;
on committee of August 31, 292;
moves ineligibility of members of legislature to offices created
during their term, 295, 296;
moves to obtain consent of state legislatures to purchases of lands
for national purposes, 306;
thinks eventual election of President will be with Senate, 311;
moves that electors be not office-holders, 312;
favors change of clause relative to re-election of President, 313;
moves increase of number necessary to elect President, 319;
thinks Senate may share in appointments, 328;
objects to participation of two-thirds of Senate in treaties, 329;
opposes special provision for treaties of peace, 332;
moves special provision for treaties affecting national rights, 332;
thinks old Congress should consider constitution, 336;
on committee of style and arrangement, 338;
thinks old Congress need not sanction constitution, 345;
thinks President ought not to be suspended if impeached, 370;
thinks legislature should choose treasurer, 371;
thinks power to grant charters unnecessary, 373;
thinks publication of public expenditures impossible, 376;
opposes change in representation, 378;
thinks executive may pardon for treason, 382;
thinks guaranty of jury trials not necessary, 384;
urges additional representation, 392;
proposes journals of convention be disposed of, 396.
Knox, General Henry, writes to Washington on prospects of convention,
ii., 158, n.
L
Land cession, question of, i., 232.
Lands, public.
_See_ Legislature, national, power of.
Langdon, John, N. H., attends convention, ii., 29;
opposes disqualification from legislature of persons having
unsettled accounts, 64;
Pierce's sketch of, 64, n.;
opposes prohibition against placing national capital at state
capital, 66;
favors national compensation of legislature, 167;
opposes power to emit bills of credit, 183;
favors suppression of rebellion without state's consent, 187;
appointed on grand committee, 193;
thinks Representatives must be trusted, 195;
thinks national control of militia necessary, 196;
opposes taxation by congressional representation, 208;
asks only fair representation for New Hampshire, 212;
objects to state power to tax exports, 213, 214;
opposes leaving slave trade to states, 223;
moves to commit question of navigation acts, 225;
on committee on navigation acts, 225;
thinks state and national governments need not be jealous, 231;
favors national power of negative on state laws, 237;
thinks executive should be elected by joint ballot of legislature,
243;
thinks creditors of government should not be disturbed, 248;
admits duty on slaves is part of compromise agreement, 251;
on committee of August 25, 254;
doubts if new states should be admitted on an equality with old,
275;
thinks new states may be created, 276;
thinks Vermont should be brought into the Union, 276;
thinks vessels should not be made to enter and clear in their state,
291;
objects to export duties by states, 365;
moves increase in representation of North Carolina and Rhode Island,
378;
thinks commercial regulations should be national, 381.
Lansing, John, N. Y., attends convention, i., 55;
Pierce's sketch of, 138, n.;
supports Jersey plan, 143;
opposes Virginia plan, 194;
opposes legislature of two branches, 190;
favors voting in House by states, 252;
leaves convention, 298, n.
Legislature, national, acts of, may originate in both houses, i.,
248, ii., 170;
enacting style, 170.
Compensation of members, considered, i., 125, 209, 244, 245;
to be fixed, 126;
and eligibility to re-election, debated, 130;
to be ascertained by members, 212;
by state legislatures, 213;
vote on, 217;
agreed to, 336;
debated, ii., 166, 169.
Constitution of, considered, ii., 8;
agreed to, 96.
Disqualification of debtors from, debated, ii., 63, 65, 66;
of pensioners from, 65;
of persons having unsettled accounts with, 65;
of members from other offices, 158, 294, 297, 371.
Elections to, by popular vote, debated, i., 53;
mode of, debated, 81, 134;
eligibility to re-election, debated, 127;
eligibility of state officers to, 127.
Expulsion from, debated, ii., 135, 136.
Journal of proceedings, debate on, ii., 136, 137, 370.
Money bills in, originating of, debated, i., 309, 312, ii., 149,
153, 157, 210, 212.
Negative of, on state laws, considered, i., 47, 101, 107, 372,
374;
on acts of executive, vote on, ii., 95;
debated, 361;
verbal amendment offered, 367.
Place of meeting, debated, ii., 139.
Power of, debated, i., 45, 135, 366, ii., 177;
coercion on delinquent states, i., 47;
to legislate where states not competent, i., 47, 371, 372;
over state police, 370, 371;
over state judiciary, 374, 375;
members of, in debate, ii., 135;
expulsion of members of, ii., 135;
to compel attendance of members, ii., 135;
to judge of elections of members, ii., 135;
to adjourn, 138;
limits of, debated, 172, 173;
to regulate captures, debated, 184;
over Indians, debated, 226;
over general welfare, proposed, 226;
to pass _ex post facto_laws and bills of attainder,
prohibited, 227, 375;
to fulfil engagements of old Congress, debated, 229, 237;
over militia, debated, 230, 235;
to enforce treaties, debated, 235;
negative on state laws, debated, 236;
to pass tax laws, debated, 241, 371;
to pay public debts, debated, 247, 297;
to regulate ports of entry, 252;
to refer appointments to state legislatures, 254;
to pay debts with anything but coin, debated, 262;
report of committee of eleven taken up, 269;
over public lands, proposed, 280, 282;
to make national bankruptcy law, debated, 293;
to judge privileges of members, 304;
to grant letters of marque and reprisal, 304;
to govern seat of government, 305;
to grant copyrights, 305;
to create offices, proposed, 338;
to appoint treasurer, debated, 371;
to punish piracies, etc., debated, 372;
to make canals, proposed, 373;
to grant charters, proposed, 373;
to establish a university, proposed, 374;
to be limited in providing for standing army, 375.
Property qualifications for members of, debated, ii., 59, 63,
128, 132, 147.
Qualifications for members of, debated, i., 42, ii., 131.
Quorum in, debated, ii., 132, 135, 177.
Representation in,
debated, i., 36, 109, 114, 120, 134, 232, 302, 327, 331, 338,
341, 342, ii., 110, 114;
compromise proposed, i., 114;
enumeration of blacks and whites, debated, 258, 338, 340, 344,
346, 347, 350;
question postponed, 318;
referred to committee, 322;
report of committee, 322;
motion to increase, debated, 325;
census for, debated, 328, 338, 340, 341;
taxation as basis of, debated, 342, 347, 348, 371;
moved that, of large states be limited, 378;
increase of, debated, ii., 318, 323, 393.
Rules to be regulated by each house, ii., 170.
Term of members of, debated, i., 126.
Time of meeting, debated, ii., 93, 94, 95.
Two branches of, agreed to, i., 39, 134;
debate on, 190, 199, 204.
House of Representatives, mode of election to, debated, i., 39,
40, 42, 84, 91, 204, 224;
classification of states to determine representation in,
proposed, 106;
term of members, debated, 124, 126;
age for members, debated, 125, 213, 214;
elections to, by state legislatures, proposed, 206, 247;
three years' term in, proposed, 207, 209;
eligibility of members to other offices debated, 214, 217, 218,
223, 224, ii., 292;
committee report on representation in, i., 318, 319;
constitution of, debated, ii., 96, 301;
who may vote for members of, debated, 106;
seven years' citizenship for members of, proposed, 107, 131,
132;
qualifications for members of, debated, 107;
clause relative to, agreed to, 110;
money bills to originate in, debate on, 115, 305, 337;
power of impeachment of, agreed to, 116;
time and mode of election to, debate on, 126, 128;
power of, over elections in states, debated, 128;
citizenship and residence for members, debated, 144, 145;
four years' citizenship for members of, proposed, 145;
nine years' citizenship for members of, proposed, 145;
citizenship requirements not to apply to those already
citizens, 145, 148;
five years' citizenship for members of, proposed, 148;
clause for citizenship and age of members agreed to, 148;
representation by direct taxation, debate on, 151;
power to make bankruptcy laws, proposed, 292;
power of, to make treaties, proposed, 327;
increase in representation in, proposed, 339;
moved to strike out apportionment by "direct taxes," 367;
proposed that all journals of, be printed, 371.
Senate, mode of election to, debated, i., 43, 233, ii., 116;
to be a check on democracy, i., 44;
election to, by state legislatures, debated, i., 44, 94, 101,
236;
elections to, by the people, debated, 100;
mode of voting in, debated, 121, 234, 248, 309, 313, 347;
age for members of, debated, 127, 236;
term of members of, debated, 128, 130, 236, 237, 243;
compensation of members of, debated, 130, 244, 246, 247;
originating money bills in, debated, 132, 134, 355;
representation in, debated, 235, 236, 356, 364, 367, 368, 369,
ii., 37, 304;
property qualification for members of, debated, i., 246;
eligibility of members of, to state offices, considered, 246;
eligibility of members of, to any offices, considered, 297;
voting in, by states, debated, 314;
citizenship for members of, debated, ii., 124, 125;
age and citizenship for members of, debated, 126, 148;
moved that members of, be permitted to enter dissent to
measures, 136;
moved that journal of, be published, 136;
choosing officers of, agreed to, 180;
power of appointment by, 235, 238;
treaty-making power of, debated, 238, 240;
power of, to appoint ambassadors, etc., considered, 240;
power of, in controversies between states, considered, 241;
power to try impeachments, proposed, 298;
power of, objected to, 315;
to vote on President, 318;
power of, in treaty making, debated, 327, 329;
in appointments, 328;
quorum of, debated, 335;
power of, in impeachment of President, debated, 335, 336;
power of, to amend money bills, 337;
to be under oath in impeachment trials, 338.
Letters of marque, power to issue, debated, ii., 191.
Liberty of the press, guaranty of, proposed, ii., 375.
Livingston, William, N. J., attends convention, i., 96;
appointed on grand committee, ii., 193;
Pierce's sketch of, 209, n.;
delivers report on state debts and militia, 209;
on committee on navigation acts, 225;
submits report on slave importation and navigation acts, 240;
on committee on sumptuary legislation, 366.
M