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Mr. WILLIAMSON moved to reconsider, in order to increase the number of Representatives fixed for the first Legislature. His purpose was to make an addition of one-half generally to the number allotted to the respective States; and to allow two to the smallest States.
On this motion, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye—5; New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, no—6.
Article 1, Section 3, the words “by lot,"* struck out, nem. ión., on motion of Mr. MADISON, that some rule might prevail in the rotation that would prevent both the members from the same State, from going out at the same time.
“Ex officio," struck out of the same section, as superfluous, nem. con.; and, " or affirmation," after " oath,” inserted, -also unanimously.
Mr. RUTLEDGE and Mr. GOUVERNEUR MORRIS moved, “ that persons impeached be suspended from their offices, until they be tried and acquitted.”
Mr. Madison. The President is made too dependent already on the Legislature by the power of one branch to try him in consequence of an impeachment by the other. This intermediate suspension will put him in the power of one branch only. They can at any moment, in order to make way for the functions of another who will be more favorable to their views, vote a temporary removal of the existing magistrate.
By lot,” had been reinstated from the Report of the Committee of five made on the sixth of August, as a correction of the printed Report by the Committee of style, &c. See pages 1229, and 1545.
Mr. King concurred in the opposition to the amendment.
On the question to agree to it,
Connecticut, South Carolina, Georgia, aye-3; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, no–8.
Article 1, Section 4, “except as to the places of choosing Senators,” was added, nem. con. to the end of the first clause, in order to exempt the seats of government in the States from the power of Congress.
Article 1, Section 5. “Each House shall keep a journal of its proceedings, and from time to time, publish the same, excepting such parts as may in their judgment require secrecy.”
Col. Mason and Mr. GERRY moved to insert, after the word "parts,” the words, "of the proceedings of the Senate,” so as to require publication of all the proceedings of the House of Representatives.
It was intimated, on the other side, that cases might arise where secrecy might be necessary in both Houses. Measures preparatory to a declaration of war, in which the House of Representatives was to concur, were instanced.
On the question, it passed in the negative,
Pennsylvania, Maryland, North Carolina, aye—3; New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, Georgia, no—7; South Carolina, divided.
Mr. Baldwin observed, that the clause, Article 1, Section 6, declaring that no member of Congress, “ during the time for which he was elected, shall be
appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time,” would not extend to offices created by the Constitution ; and the salaries of which would be created, not increased, by Congress at their first session. The members of the first Congress consequently might evade the disqualification in this instance. He was neither seconded nor opposed, nor did any thing further pass on the subject.
Article 1, Sect. 8. The Congress "may by joint ballot appoint a Treasurer,"
Mr. RUTLEDGE moved to strike out this power, and let the Treasurer be appointed in the same manner with other officers..
Mr. Gorham and Mr. King said that the motion, if agreed to, would have a mischievous tendency. The people are accustomed and attached to that mode of appointing Treasurers, and the innovation will multiply objections to the system.
Mr. GOUVERNEUR MORRIS remarked, that if the Treasurer be not appointed by the Legislature, he will be more narrowly watched, and more readily impeached.
Mr. SHERMAN. As the two Houses appropriate money, it is best for them to appoint the officer who is to keep it; and to appoint him as they make the appropriation, not by joint, but several votes.
General PINCKNEY. The Treasurer is appointed by joint ballot in South Carolina. The consequence is, that bad appointments are made, and the Legislature will not listen to the faults of their own officer.
On the motion to strike out,
New Hampshire, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, aye-8; Massachusetts, Pennsylvania, Virginia, no—3.
Article 1, Sect. 8,—the words “but all such duties, imposts and excises, shall be uniform throughout the United States,” were unanimously annexed to the power of taxation.
On the clause, “ to define and punish piracies and felonies on the high seas, and punish offences against the law of nations," — Mr. GOUVERNEUR MORRIS moved to strike out"
punish," before the words, “offences against the law of nations," so as to let these be definable, as well as punishable, by virtue of the preceding member of the sentence.
Mr. Wilson hoped the alteration would by no means be made. To pretend to define the law of nations, which depended on the authority of all the civilized nations of the world, would have a look of arrogance, that would make us ridiculous.
Mr. GOUVERNEUR MORRIS. The word define is proper when applied to offences in this case; the law of nations being often too vague and deficient to be a rule.
On the question to strike out the word “punish,” it passed in the affirmative,
New Hampshire, Connecticut, New Jersey, Delaware, North Carolina, South Carolina, aye—6; Massachusetts, Pennsylvania, Maryland, Virginia, Georgia, no-5.
" to pro
Doctor FRANKLIN* moved to add, after the words, post roads,” Article 1, Sect. 8, a power vide for cutting canals where deemed necessary.”
Mr. Wilson seconded the motion.
Mr. SHERMAN objected. The expense in such cases will fall on the United States, and the benefit accrue to the places where the canals may be cut.
Mr. Wilson. Instead of being an expense to the United States, they may be made a source of rev
Mr. MADISON suggested an enlargement of the motion, into a power" to grant charters of incorporation where the interest of the United States might require, and the legislative provisions of individual States may be incompetent." His primary object was, however, to secure an easy communication between the States, which the free intercourse now to be opened seemed to call for. The political obstacles being removed, a removal of the natural ones as far as possible ought to follow.
Mr. RANDOLPH seconded the proposition
Mr. Wilson. It is necessary to prevent a State from obstructing the general welfare.
Mr. King. The States will be prejudiced and divided into parties by it. In Philadelphia and New York, it will be referred to the establishment of a bank, which has been a subject of contention in those cities. In other places it will be referred to mercantile monopolies.
* This motion by Doctor Franklin not stated in the printed Journal, as are some other motions.