Founding America_ Documents From the Revolution to the Bill of Rights Part 13

Mr. Rutlidge[image]could see no need of an adjournt. because he could see no chance of a compromise. The little States were fixt. They had repeatedly & solemnly declared themselves to be so. All that the large States then had to do, was to decide whether they would yield or not. For his part he conceived that altho' we could not do what we thought best, in itself, we ought to do something. Had we not better keep the Govt. up a little longer, hoping that another Convention will supply our omissions, than abandon every thing to hazard. Our Const.i.tuents will be very little satisfied with us if we take the latter course.

Mr. Randolph & Mr. King54 renewed the motion to adjourn till tomorrow. renewed the motion to adjourn till tomorrow.

On the question Mas. ay. Cont. no. N. J. ay. Pa. ay. Del. no. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. divd. [Ayes-7; noes-2; divided-1.]

Adjourned

On the morning following before the hour of the Convention a number of the members from the larger States, by common agreement met for the purpose of consulting on the proper steps to be taken in consequence of the vote in favor of an equal Representation in the 2d. branch, and the apparent inflexibility of the smaller States on that point-Several members from the latter States also attended. The time was wasted in vague conversation on the subject, without any specific proposition or agreement. It appeared indeed that the opinions of the members who disliked the equality of votes differed so much as to the importance of that point, and as to the policy of risking [a failure of] a[ny] general act of the Convention by inflexibly opposing it. Several of them supposing that no good Governnt could or would be built on that foundation, and that as a division of the Convention into two opinions was unavoidable it would be better that the side comprising the princ.i.p.al States, and a majority of the people of America, should propose a scheme of Govt. to the States, than that a scheme should be proposed on the other side, would have concurred in a firm opposition to the smaller States, and in a separate recommendation, if eventually necessary. Others seemed inclined to yield to the smaller States, and to concur in such an Act however imperfect & exceptionable, as might be agreed on by the Convention as a body, tho' decided by a bare majority of States and by a minority of the people of the U. States. It is probable that the result of this consultation satisfied the smaller States that they had nothing to apprehend from a Union of the larger, in any plan whatever agst. the equality of votes in the 2d. branch.

GETTING DOWN TO DETAILS.

Resolutions Adopted by Convention (July 26, 1787) PAGE 371.

Draft Const.i.tution (August 6, 1787) PAGE 374.

Debate on War Power (August 17, 1787) PAGE 386.

Debate on Treaty Power (August 23, 1787) PAGE 387.

Objections of Edmund Randolph, George Mason, and Elbridge Gerry (September 15, 1787) PAGE 390.

Benjamin Franklin: Concluding Appeal for Unanimity (September 17, 1787) PAGE 392.

ONCE THE KEY ISSUE of representation was solved on July 16, the delegates turned their attention to the second branch of government : the executive. They spent much of the next ten days wrestling with an array of questions relating to the election and tenure of the executive (eventually called the president). Then, after two months of deliberations, the convention recessed, instructing a committee of detail to convert the resolutions it had adopted thus far into a working const.i.tution. Their report, delivered on August 6, set the framework for the remaining six weeks of debate.

The most significant development during this final phase was the gradual enlargement of executive power. Into early August, the future presidency remained largely a cipher. It was the Senate, for example, that was expected to make treaties and appointments to other major executive and judicial offices. But once the convention took up the report of the committee of detail, it began to augment executive power. Two debates of August 17 and 23-the first concerned with the power to initiate war, the second with the negotiation of treaties-ill.u.s.trate this development.

By early September, the exhausted delegates were prepared to complete their work. Forty-two members from twelve states were still in attendance. Three of these-George Mason and Edmund Randolph of Virginia, and Elbridge Gerry of Ma.s.sachusetts-had indicated they were unwilling to sign the completed Const.i.tution. Their objections soon provided significant inspiration for the Const.i.tution's opponents, the Anti-Federalists. It was to overcome their scruples that the convention's and the country's great sage, Benjamin Franklin, made a characteristically witty but politically futile appeal for unanimity.

RESOLUTION ADOPTED BY CONVENTION.

JULY 26, 1787.

1. RESOLVEDThat the Government of the United States ought to con sist of a Supreme Legislative, Judiciary and Executive.

2. RESOLVEDThat the Legislature of the United States ought to consist of two Branches.

3. RESOLVEDThat the Members of the first Branch of the Legislature of the United States ought to be elected by the People of the several States for the Term of two Years to be of the Age of twenty five Years at least to be ineligible to and incapable of holding any Office under the Authority of the United States (except those peculiarly belonging to the Functions of the first Branch) during the Time of Service of the first Branch.

4. RESOLVEDThat the Members of the second Branch of the Legislature of the United States ought to be chosen by the Individual Legislatures to be of the Age of thirty Years at least to hold their Offices for the Term of six Years; one third to go out biennially to receive a Compensation for the Devo tion of their Time to the public Service to be ineligible to and incapable of holding any Office under the Author ity of the United States (except those peculiarly belonging to the Functions of the second Branch) during the Term for which they are elected, and for one Year thereafter.

5. RESOLVEDThat each Branch ought to possess the Right of originat ing Acts.

6. RESOLVEDThat the Right of Suffrage in the first Branch of the Legis lature of the United States ought not to be according to the Rules established in the Articles of Confederation but according to some equitable Ratio of Representation.

7. RESOLVEDThat in the original Formation of the Legislature of the United States the first Branch thereof shall consist of sixty five Members of which Number New Hamps.h.i.+re shall send three Ma.s.sachusetts eight Rhode Island one Connecticut five New. York six New- Jersey four Pennsylvania eight Delaware one Maryland six Virginia ten North. Carolina five South Carolina five Georgia three.

But as the present Situation of the States may probably alter in the Number of their Inhabitants, the Legislature of the United States shall be authorised from Time to Time to apportion the Number of Representatives; and in Case any of the States shall hereafter be divided, or enlarged by Ad dition of Territory, or any two or more States united, or any new States created within the Limits of the United States, the Legislature of the United States shall possess Authority to regulate the Number of Representatives in any of the foregoing Cases, upon the Principle of the Number of their Inhabitants, according to the Provisions herein after men tioned namely Provided always that Representation ought to be proportioned according to direct Taxation: And in order to ascertain the Alteration in the direct Taxa tion, which may be required from Time to Time, by the Changes in the relative Circ.u.mstances of the States

Resolved that a Census be taken, within six years from the first Meeting of the Legislature of the United States, and once within the Term of every ten Years afterwards, of all the Inhabitants of the United States in the Manner and according to the Ratio recommended by Congress in their Resolution of April 18th. 1783 And that the Legislature of the United States shall proportion the direct Taxation accordingly.

Resolved - that all Bills for raising or Appropriating Money, and for fixing the Salaries of the Officers of the Government of the United States shall originate in the first Branch of the Legislature of the United States, and shall not be altered or amended by the second Branch; and that no money shall be drawn from the public Treasury but in Pursuance of Appropriations to be originated by the first Branch.

RESOLVEDthat from the first Meeting of the Legislature of the United States until a Census shall be taken, all Monies for supply ing the public Treasury by direct Taxation shall be raised from the several States according to the Number of their Representatives respectively in the first Branch.

8. RESOLVEDThat in the second Branch of the Legislature of the United States each State shall have an equal Vote.

RESOLVEDThat the Legislature of the United States ought to possess the legislative Rights vested in Congress by the Confeder ation; and moreover to legislate in all Cases for the general Interests of the Union, and also in those Cases to which the States are separately incompetent, or in which the Harmony of the United States may be interrupted by the Exercise of individual Legislation.

RESOLVEDThat the legislative Acts of the United States made by Virtue and in Pursuance of the Articles of Union, and all Treaties made and ratified under the Authority of the United States shall be the supreme Law of the respective States so far as those Acts or Treaties shall relate to the said States, or their Citizens and Inhabitants; and that the Ju dicatures of the several States shall be bound thereby in their Decisions, any thing in the respective Laws of the in dividual States to the contrary notwithstanding.

RESOLVEDThat a national Executive be inst.i.tuted to consist of a sin gle Person to be chosen for the Term of six Years with Power to carry into Execution the national Laws to ap point to Offices in Cases not otherwise provided for to be removeable on Impeachment and Conviction of mal Practice or Neglect of Duty to receive a fixed Compen sation for the Devotion of his Time to public Service to be paid out of the public Treasury.

RESOLVEDThat the national Executive shall have a Right to negative any legislative Act, which shall not be afterwards pa.s.sed, unless by two third Parts of each Branch of the national Legislative.

RESOLVEDThat a national Judiciary be established to consist of one Supreme Tribunal the Judges of which shall be appointed by the second Branch of the national Legislature to hold their Offices during good Behaviour to receive punctu ally at stated Times a fixed Compensation for their Ser vices, in which no Diminution shall be made so as to affect the Persons actually in Office at the Time of such Diminution.

RESOLVEDThat the Jurisdiction of the national Judiciary shall extend to Cases arising under the Laws pa.s.sed by the general Legislature, and to such other Questions as involve the na tional Peace and Harmony.

RESOLVEDThat the national Legislature be empowered to appoint inferior Tribunals.

RESOLVEDThat Provision ought to be made for the Admission of States lawfully arising within the Limits of the United States, whether from a voluntary Junction of Government and Territory, or otherwise, with the Consent of a number of Voices in the national Legislature less than the whole RESOLVEDThat a Republican Form of Government shall be guar antied to each State; and that each State shall be protected against foreign and domestic Violence.

RESOLVEDThat the legislative, executive and judiciary Powers, within the several States, and of the national Government, ought to be bound by Oath to support the Articles of Union.

RESOLVEDThat the Amendments which shall be offered to the Con federation by the Convention ought at a proper Time or Times, after the Approbation of Congress, to be submited to an a.s.sembly or a.s.semblies of Representatives, recom mended by the several Legislatures, to be expressly chosen by the People to consider and decide thereon.

RESOLVEDThat the Representation in the second Branch of the Leg islature of the United States consist of two Members from each State, who shall vote per capita

DRAFT CONSt.i.tUTION.

AUGUST 6,1787.

MR. RUTLIDGE [DELIVERED IN] the Report of the Committee of detail as follows; [a printed copy being at the same time furnished to each member.]

We the people of the States of New Hamps.h.i.+re, Ma.s.sachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare, and establish the following Const.i.tution for the Government of Ourselves and our Posterity.

ARTICLE I.

The stile of the [this] Government shall be. "The United States of America."

II.

The Government shall consist of supreme legislative, executive, and judicial powers.

III.

The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate; each of which shall [,] in all cases [,] have a negative on the other. The Legislature shall meet on the first Monday in December [in] every year.

IV.

Sect. 1. The members of the House of Representatives shall be chosen every second year, by the people of the several States comprehended within this Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several States, of the most numerous branch of their own legislatures.

Sect. 2. Every member of the House of Representatives shall be of the age of twenty five years at least; shall have been a citizen of [in] the United States for at least three years before his election; and shall be, at the time of his election, a resident of the State in which he shall be chosen.

Sect. 3. The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner herein after described, consist of sixty five Members, of whom three shall be chosen in New Hamps.h.i.+re, eight in Ma.s.sachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina, and three in Georgia.

Sect. 4. As the proportions of numbers in [the] different States will alter from time to time; as some of the States may hereafter be divided; as others may be enlarged by addition of territory; as two or more States may be united; as new States will be erected within the limits of the United States, the Legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions herein after made, at the rate of one for every forty thousand.

Sect. 5. All bills for raising or appropriating money, and for fixing the salaries of the officers of the Government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public Treasury, but in pursuance of appropriations that shall originate in the House of Representatives.

Sect. 6. The House of Representatives shall have the sole power of impeachment. It shall choose its Speaker and other officers.

Sect. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the State, in the representation from which it shall happen.

V.

Sect. 1. The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall chuse two members. Vacancies may be supplied by the Executive until the next meeting of the Legislature. Each member shall have one vote.

Sect. 2. The Senators shall be chosen for six years; but immediately after the first election they shall be divided, by lot, into three cla.s.ses, as nearly as may be, numbered one, two and three. The seats of the members of the first cla.s.s shall be vacated at the expiration of the second year, of the second cla.s.s at the expiration of the fourth year, of the third cla.s.s at the expiration of the sixth year, so that a third part of the members may be chosen every second year.

Sect. 3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen in the United States for at least four years before his election; and shall be, at the time of his election, a resident of the State for which he shall be chosen.

Sect. 4. The Senate shall chuse its own President and other officers.

VI.

Sect. 1. The times and places and [the] manner of holding the elections of the members of each House shall be prescribed by the Legislature of each State; but their provisions concerning them may, at any time, be altered by the Legislature of the United States.

Sect. 2. The Legislature of the United States shall have authority to establish such uniform qualifications of the members of each House, with regard to property, as to the said Legislature shall seem expedient.

Sect. 3. In each House a majority of the members shall const.i.tute a quorum to do business; but a smaller number may adjourn from day to day Sect. 4. Each House shall be the judge of the elections, returns and qualifications of its own members.

Sect. 5. Freedom of speech and debate in the Legislature shall not be impeached or questioned in any Court or place out of the Legislature ; and the members of each House shall, in all cases, except treason [,] felony and breach of the peace, be privileged from arrest during their attendance at Congress, and in going to and returning from it. , Sect. 6. Each House may determine the rules of its proceedings; may punish its members for disorderly behaviour; and may expel a member.

Sect. 7. The House of Representatives, and the Senate, when it shall be acting in a legislative capacity, shall keep a Journal of their proceedings, and shall, from time to time, publish them: and the yeas and nays of the members of each House, on any question, shall [,] at the desire of one-fifth part of the members present, be entered on the journal.

Sect. 8. Neither House, without the consent of the other, shall adjourn for more than three days, nor to any other place than that at which the two Houses are sitting. But this regulation shall not extend to the Senate, when it shall exercise the powers mentioned in the __ article.

Sect. 9. The members of each House shall be ineligible to, and incapable of holding any office under the authority of the United States, during the time for which they shall respectively be elected: and the members of the Senate shall be ineligible to, and incapable of holding any such office for one year afterwards.

Sect. 10. The members of each House shall receive a compensation for their services, to be ascertained and paid by the State, in which they shall be chosen, Sect. 11. The enacting stile of the laws of the United States shall be, "Be it enacted by the Senate and Representatives in Congress a.s.sembled".

Sect. 12. Each House shall possess the right of originating bills, except in the cases beforementioned.

Sect. 13. Every bill, which shall have pa.s.sed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States for his revision: if, upon such revision, he approve of it, he shall signify his approbation by signing it: But if, upon such revision, it shall appear to him improper for being pa.s.sed into a law, he shall return it, together with his objections against it, to that House in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider the bill. But if after such reconsideration, two thirds of that House shall, notwithstanding the objections of the President, agree to pa.s.s it, it shall together with his objections, be sent to the other House, by which it shall likewise be reconsidered, and [,] if approved by two thirds of the other House also, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for or against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within seven days after it shall have been presented to him, it shall be a law, unless the legislature by their adjournment, prevent its return; in which case it shall not be a law.

VII [VI] 55 55.

Sect. 1. The Legislature of the United States shall have the power to lay and collect taxes, duties, imposts and excises; To regulate commerce with foreign nations, and among the several States; To regulate commerce with foreign nations, and among the several States;To establish an uniform rule of naturalization throughout the United States;To coin money;To regulate the value of foreign coin;To fix the standard of weights and measures;To establish Post-offices;To borrow money, and emit bills on the credit of the United States;To appoint a Treasurer by ballot;To const.i.tute tribunals inferior to the Supreme Court;To make rules concerning captures on land and water;To declare the law and punishment of piracies and felonies committed on the high seas, and the punishment of counterfeiting the coin of the United States, and of offences against the law of nations;To subdue a rebellion in any State, on the application of its legislature;To make war;To raise armies;To build and equip fleets; To call forth the aid of the militia, in order to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions ; And to make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Const.i.tution, in the government of the United States, or in any department or officer thereof; Sect. 2. Treason against the United States shall consist only in levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them. The Legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of bloods nor forfeiture, except during the life of the person attainted.

Sect. 3. The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every age, s.e.x and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes) which number shall, within six years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such manner as the said Legislature shall direct.

Sect. 4. No tax or duty shall be laid by the Legislature on articles exported from any State; nor on the migration or importation of such persons as the several States shall think proper to admit; nor shall such migration or importation be prohibited.

Sect. 5. No capitation tax shall be laid, unless in proportion to the Census hereinbefore directed to be taken.

Sect. 6. No navigation act shall be pa.s.sed without the a.s.sent of two thirds of the members present in each House.

Sect. 7. The United States shall not grant any t.i.tle of n.o.bility.

VIII [VII].

The Acts of the Legislature of the United States made in pursuance of this Const.i.tution, and all treaties made under the authority of the United States shall be the supreme law of the several States, and of their citizens and inhabitants; and the judges in the several States shall be bound thereby in their decisions; anything in the Const.i.tutions or laws of the several States to the contrary notwithstanding.

IX [VIII].

Sect. 1. The Senate of the United States shall have power to make treaties, and to appoint Amba.s.sadors, and Judges of the supreme Court.

Sect. 2. In all disputes and controversies now subsisting, or that may hereafter subsist between two or more States, respecting jurisdiction or territory, the Senate shall possess the following powers. Whenever the Legislature, or the Executive authority, or lawful Agent of any State, in controversy with another, shall by memorial to the Senate, state the matter in question, and apply for a hearing; notice of such memorial and application shall be given by order of the Senate, to the Legislature or the Executive authority of the other State in Controversy. The Senate shall also a.s.sign a day for the appearance of the parties, by their agents, before the House. The Agents shall be directed to appoint, by joint consent, commissioners or judges to const.i.tute a Court for hearing and determining the matter in question. But if the Agents cannot agree, the Senate shall name three persons out of each of the several States; and from the list of such persons each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as the Senate shall direct, shall in their presence, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them shall be commissioners or Judges to hear and finally determine the controversy; provided a majority of the Judges, who shall hear the cause, agree in the determination. If either party shall neglect to attend at the day a.s.signed, without shewing sufficient reasons for not attending, or being present shall refuse to strike, the Senate shall proceed to nominate three persons out of each State, and the Clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such Court; or shall not appear to prosecute or defend their claim or cause, the Court shall nevertheless proceed to p.r.o.nounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records, for the security of the parties concerned. Every Commissioner shall, before he sit in judgment, take an oath, to be administred by one of the Judges of the Supreme or Superior Court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question according to the best of his judgment, without favor, affection, or hope of reward."

Sect. 3. All controversies concerning lands claimed under different grants of two or more States, whose jurisdictions, as they respect such lands shall have been decided or adjusted subsequent to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different States.

X [IX].

Sect. 1. The Executive Power of the United States shall be vested in a single person. His stile shall be "The President of the United States of America;" and his t.i.tle shall be, "His Excellency". He shall be elected by ballot by the Legislature. He shall hold his office during the term of seven years; but shall not be elected a second time.

Sect. 2. He shall, from time to time, give information to the Legislature, of the state of the Union: he may recommend to their consideration such measures as he shall judge necessary, and expedient: he may convene them on extraordinary occasions. In case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he thinks proper: he shall take care that the laws of the United States be duly and faithfully executed: he shall commission all the officers of the United States; and shall appoint officers in all cases not otherwise provided for by this Const.i.tution. He shall receive Amba.s.sadors, and may correspond with the supreme Executives of the several States. He shall have power to grant reprieves and pardons; but his pardon shall not be pleadable in bar of an impeachment. He shall be commander in chief of the Army and Navy of the United States, and of the Militia of the Several States. He shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following oath or affirmation, "I solemnly swear, (or affirm) that I will faithfully execute the office of President of the United States of America." He shall be removed from his office on impeachment by the House of Representatives, and conviction in the supreme Court, of treason, bribery, or corruption. In case of his removal as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the President of the Senate shall exercise those powers and duties, until another President of the United States be chosen, or until the disability of the President be removed.

XI [X].

Sect. 1. The Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as shall, when necessary, from time to time, be const.i.tuted by the Legislature of the United States.