YATES
Monday, May 28, 1787↩
Met pursuant to adjournment.
A committee of
three members, (whose appointment I omitted in the entry of the
proceedings of Friday last,) reported a set of rules for the order of
the convention; which being considered by articles, were agreed to, and
additional ones proposed and referred to the same committee. The
representation was this day increased to nine states — Massachusetts and
Connecticut becoming represented. Adjourned to next day.McHENRY↩
Convention.
On the 25th
seven states being represented viz. New-York New Jersey, Pennsylvania,
Delaware, Virginia, North Carolina and South Carolina George Washington
was elected (unanimously) president of the convention.
The convention
appoint a committee to prepare and report rules for conducting business
which were reported, debated, and in general agreed to on the 28th.
TUESDAY, MAY 29, 1787.↩
JOURNAL
Tuesday May 29, 1787.↩
Mr Wythe reported, from
the Committee to whom the motions made by Mr Butler and Mr Spaight were
referred, that the Committee had examined the matters of the said
motions, and had come to the following resolution thereupon,
resolved that it
is the opinion of this Committee that provision be made for the
purposes mentioned in the said motions — and to that end.
The Committee beg leave to propose that the rules written under their resolution be added to the standing orders of the House.
And the said rules were once read throughout
and then a second time, one by one; and, on the question severally put
thereupon, were, with amendments to some of them, agreed to by the House
which rules so agreed to are as follow.
rules.
That no member be absent from the House so as to interrupt the representation of the State without leave.
That Committees do not sit whilst the House shall be, or ought to be, sitting.
That no copy be taken of any entry on the journal during the sitting of the House without the leave of the House.1
That members only be permitted to inspect the journal.
That nothing spoken in the House be printed, or otherwise published, or communicated without leave.2
[16]
That a motion to reconsider a matter, which
had been determined by a majority, may be made, with leave unanimously
given,-on-the same day in which the vote passed, but otherwise, not
without one days previous notice; in which last case, if the House agree
to the reconsideration some future day shall be assigned for that
purpose.
Resolved that the said rules be added to the standing orders of the House.
The honorable John Dickinson Esq a Deputy of
the State of Delaware — and the honorable Elbridge Gerry Esquire, a
Deputy from the State of Massachusetts, attended and took their seats.
Mr Randolph, one of the Deputies of
Virginia, laid before the House, for their consideration, sundry
propositions, in writing, concerning the american confederation, and the
establishment of a national government3
Resolved that the House will to-morrow
resolve itself into a Committee of the whole House to consider of the
state of the American Union.
Ordered that the propositions this day laid
before the House, for their consideration, by Mr Randolph be referred to
the said Committee.
Mr Charles Pinckney, one of the Deputies of
South Carolina, laid before the House for their consideration, the
draught of a fœderal government to be agreed upon between the free and
independent States of America.4
Ordered that the said draught be referred to
the Committee of the whole House appointed to consider of the state of
the american Union
And then the House adjourned till to-morrow morning at 10 o’clock
MADISON
Tuesday May 29↩
〈John Dickenson, and Elbridge Gerry, the former from Delaware, the latter from Massts. took their seats,5
The following rules were added, on the report of Mr. Wythe, from the Committee
Additional rules.5
That no member be absent from the House, so as to interrupt the representation of the State, without leave.
That Committees do not sit whilst the House shall be or ought to be, sitting.
That no copy be taken of any entry on the journal during the sitting of the House without leave of the House.
That members only be permitted to inspect the journal.
That nothing spoken in the House be printed, or otherwise published or communicated without leave.
That a motion to
reconsider a matter which had been determined by a majority, may be
made, with leave unanimously given, on the same day on which the vote
passed, but otherwise not without one day’s previous notice: in which
last case, if the House agree to the reconsideration, some future day
shall be assigned for the purpose.〉
Mr. C. Pinckney moved that a Committee be appointed to superintend the minutes.
Mr. Govr. Morris objected to it. The entry
of the proceedings of the Convention belonged to the Secretary as their
impartial officer. A committee might have an interest & bias in
moulding the entry according to their opinions and wishes
The motion was negatived 5 noes 4 ays.6
[18]
Mr. Randolph 〈then〉 opened the main business7
He expressed his regret,
that it should fall to him, rather than those, who were of longer
standing in life and political experience, to open the great subject of
their mission. But, as the convention had originated from Virginia, and
his colleagues supposed, that some proposition was expected from them,
they had imposed this task on him.8
He then
commented on the difficulty of the crisis, and the necessity of
preventing the fulfilment of the prophecies of the American downfal.
He observed that in revising the fœderal
system we ought to inquire 1. into the properties, which such a
government ought to possess, 2. the defects of the confederation, 3. the
danger of our situation &. 4. the remedy.
1. The
character of such a governme[nt] ought to secure 1. against foreign
invasion: 2. against dissentions between members of the Union, or
seditions in particular states: 3. to p[ro]cure to the several States
various blessings, of which an isolated situation was i[n]capable: 4. to
be able to defend itself against incroachment: & 5. to be paramount
to the state constitutions.
2. In
speaking of the defects of the confederation he professed a high respect
for its authors, and considered, them as having done all that patriots
could do, in the then infancy of the science, of constitutions, & of
confederacies, — when the inefficiency of requisitions was unknown — no
commercial discord had arisen among any states — no rebellion had
appeared as in Massts. — foreign debts had not become urgent — the havoc
of paper money had not been foreseen — treaties [19]
had not been violated — and perhaps nothing better could be obtained
from the jealousy of the states with regard to their sovereignty.
He then proceeded to enumerate the defects:
1. that the confederation produced no security agai[nst] foreign
invasion; congress not being permitted to prevent a war nor to support
it by th[eir] own authority — Of this he cited many examples; most of
whi[ch] tended to shew, that they could not cause infractions of
treaties or of the law of nations, to be punished: that particular
states might by their conduct provoke war without controul; and that
neither militia nor draughts being fit for defence on such occasions,
enlistments only could be successful, and these could not be executed
without money.
2.
that the fœderal government could not check the quarrals between states,
nor a rebellion in any not having constitutional power Nor means to
interpose according to the exigency:
3.
that there were many advantages, which the U. S. might acquire, which
were not attainable under the confederation — such as a productive
impost — counteraction of the commercial regulations of other nations —
pushing of commerce ad libitum — &c &c.
4. that the fœderal government could not defend itself against the incroachments from the states:
5. that it was not even paramount to the state constitutions, ratified as it was in may of the states.
3. He
next reviewed the danger of our situation appealed to the sense of the
best friends of the U. S. — the prospect of anarchy from the laxity of
government every where; and to other considerations.
4. He then proceeded to the remedy; the basis of which he said, must be the republican principle
He proposed as conformable to his ideas the following resolutions,9 which he explained one by one.
[20]
The Virginia Plan↩
Resolutions10 proposed by Mr Randolph in Convention.↩
May 29. 1787.↩
1.
Resolved that the articles of Confederation ought to be so corrected
& enlarged as to accomplish the objects proposed by their
institution; namely. “common defence, security of liberty and general
welfare.”11
2. Resd. therefore that the rights of suffrage in the National12
Legislature ought to be proportioned to the Quotas of contribution, or
to the number of free inhabitants, as the one or the other rule may seem
best in different cases.
3. Resd. that the National Legislature ought to consist of two branches.
4.
Resd. that the members of the first branch of the National Legislature
ought to be elected by the people of the several States everyfor the term of; to be of the age ofyears
at least, to receive liberal stipends by which they may be compensated
for the devotion of their time to public service; to be ineligible to
any office established by a particular State, or under the authority of
the United States, except those beculiarly belonging to the functions of
the first branch, during the term of service, and for the space ofafter its expiration; to be incapable of re-election for the space ofafter the expiration of their term of service, and to be subject to recall.
5.
Resold. that the members of the second branch of the National
Legislature ought to be elected by those of the first, out of a proper
number of persons nominated by the individual Legislatures, to be of the
age ofyears at least; to hold their
offices for a term sufficient to ensure their independency, to receive
liberal stipends, by which they may be compensated for the devotion of
their time to public service; [21]
and to be ineligible to any office established by a particular State,
or under the authority of the United States, except those peculiarly
belonging to the functions of the second branch, during the term of
service, and for the space ofafter the expiration thereof.
6.
Resolved that each branch ought to possess the right of originating
Acts; that the National Legislature ought to be impowered to enjoy the
Legislative Rights vested in Congress by the Confederation &
moreover to legislate in all cases to which the separate States are
incompetent, or in which the harmony of the United States may be
interrupted by the exercise of individual Legislation; to negative all
laws passed by the several States, contravening in the opinion of the
National Legislature the articles of Union; and to call forth the force
of the Union agst. any member of the Union failing to fulfill its duty
under the articles thereof.
7. Resd. that a National Executive be instituted; to be chosen by the National Legislature for the term ofyears,
to receive punctually at stated times, a fixed compensation for the
services rendered, in which no increase or diminution shall be made so
as to affect the Magistracy, existing at the time of increase or
diminution, and to be ineligible a second time; and that besides a
general authority to execute the National laws, it ought to enjoy the
Executive rights vested in Congress by the Confederation.
8.
Resd. that the Executive and a convenient number of the National
Judiciary, ought to compose a council of revision with authority to
examine every act of the National Legislature before it shall operate,
& every act of a particular Legislature before a Negative thereon
shall be final; and that the dissent of the said Council shall amount to
a rejection, unless the Act of the National Legislature be again
passed, or that of a particular Legislature be again negatived byof the members of each branch.
9.
Resd. that a National Judiciary be established to consist of one or more
supreme tribunals, and of inferior tribunals to be chosen by the
National Legislature, to hold their offices during good behaviour; and
to receive punctually at stated [22]
times fixed compensation for their services, in which no increase or
diminution shall be made so as to affect the persons actually in office
at the time of such increase or diminution. that the jurisdiction of the
inferior tribunals shall be to hear & determine in the first
instance, and of the supreme tribunal to hear and determine in the
dernier resort, all piracies & felonies on the high seas, captures
from an enemy; cases in which foreigners or citizens of other States
applying to such jurisdictions may be interested, or which respect the
collection of the National revenue; impeachments of any National
officers, and questions which may involve the national peace and
harmony.
10.
Resolvd. that 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 & Territory or otherwise, with the
consent of a number of voices in the National legislature less than the
whole.
11.
Resd. that a Republican Government & the territory of each State,
except in the instance of a voluntary junction of Government &
territory, ought to be guaranteed by the United States to each State
12.
Resd. that provision ought to be made for the continuance of Congress
and their authorities and privileges, until a given day after the reform
of the articles of Union shall be adopted, and for the completion of
all their engagements.
13.
Resd. that provision ought to be made for the amendment of the Articles
of Union whensoever it shall seem necessary, and that the assent of the
National Legislature ought not to be required thereto.
14.
Resd. that the Legislative Executive & Judiciary powers within the
several States ought to be bound by oath to support the articles of
Union⚓✪
15.
Resd. that the amendments which shall be offered to the Confederation,
by the Convention ought at a proper time, or times, after the
approbation of Congress to be submitted to an assembly or assemblies of
Representatives, recommended by the several Legislatures to be expressly
chosen by the people, to consider & decide thereon.
[23]
He concluded
with an exhortation, not to suffer the present opportunity of
establishing general peace, harmony, happiness and liberty in the U. S.
to pass away unimproved.*
〈It13
was then Resolved &c — &c — That the House will to-morrow
resolve itself into a Committee of the whole House to consider of the
State of the American Union, — and that the propositions moved by Mr.
Randolph be referred to the said Committee.
Mr. Charles
Pinkney laid before the house the draught of a federal Government which
he had prepared to be agreed upon between the free and independent
States of America.14—Mr.
P. plan ordered that the same be referred to the Committee of the whole
appointed to consider the State of the American Union.
adjourned.〉15
[May]17
29. — (pages 10 to 38.) two additional members take their seats — other
rules added on report of Mr W. Mr Randolph on the part of the Virginia
delegation opened the main business, enumerating defects of the
confederation & proposed his resolutions which were referred to a
Comee of the whole—copy of C. Pinkneys resolutions (journal) & note
&co on them by J. M. — resolutions referred to same Comee
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