dent, and the two branches should be each attached to a

contention

favorite, great delay, & confusion may ensue.

These incon

veniences have been felt in Masts in the election of officers of little importance compared with the Executive of the U. States. The only objection agst a joint ballot is that it may deprive the Senate of their due weight; but this ought not to prevail over the respect due to the public tranquillity & welfare.

["M: Gov! Morris" stricken out] M Wilson was for a joint ballot in several cases at least; particularly in the choice of a President, and was therefore for the amendment. Disputes between the two Houses, concerns the vacancy of the Executive, might have dangerous consequences.

during &
A

Col. Mason thought the amendment of M Gov! Morris extended too far. Treaties are in declared to be laws, they

a subsequent part

A

will be therefore subjected to a negative; altho' they are to

be

Λ

made as proposed by the Senate alone. He proposed that the mutual negative should be restrained to "cases requiring the distinct assent" of the two Houses.

Mr Gov! Morris thought this but a repetition of the same thing; the mutual negative and distinct assent, being equavalent expressions. Treaties he thought were not laws.

["M Pinkney" stricken out] M Madison moved to strike out the words "each of which shall in all cases, have a negative on the other; the idea being sufficiently expressed in the ["the" stricken out] preceding member of the Article; vesting the "legislative power" in "distinct bodies". especially as the respective powers and mode of exercising them were ["more" stricken out] fully delineated in a subsequent article.

Gen! Pinkney 2ded the motion

On question for agreeing to'M' M's motion to strike out &c

N. H. ay. Mas. ay. C no. Pa ay. Del. ay. Ma no. Va ay. N-C- no. S. C. ay. Geo. ay.

by ye. Constitution

Λ

M Madison wished to know the reasons of the Come for fixing the time of Meeting for the Legislature; and suggested, that it be required only that one meeting at least should be held every year leaving the time to be fixed or varied by law.

It was

Mr Gov Mor moved to strike out the sentence. improper to tie down the Legislature to a particular time, or even to require a meeting every year. The public business might not require it.

Mr Pinckney concurred with M1 Madison

annual

Mr Ghorum. If the time be not fixed by the Constitution, disputes will arise in the Legislature; and the States will be at a loss to adjust thereto, the times of their elections. In the N. England States, the time of meeting had been long fixed by their Charters and Constitutions, and no inconveniency had resulted. He thought it necessary that there should be one meeting at least every year as a check on the Executive department.

M: Elseworth was agst striking out the words. The Legislature will not know till they are met whether the public interest required their meeting or not. He could see no impropriety in ["the" stricken out] fixing the day, as the Convention could judge as well ["of it" stricken out] as the Legislature.

of it

Mr Wilson thought on the whole it would be best to fix

the day.

Mr King could not think there would be a necessity for a meeting every year. A great vice in our system was that of legislating too much. The most numerous objects of legislation belong to the States. Those of the Nat! Legislature were but few. The chief of them were commerce & revenue.

settled

When these should be once, ["forced" stricken out], altera

Λ

tions would be rarely necessary & easily made.

M' Madison thought if the time of meeting should be fixed

it wd, be sufficiently fixed &

Λ

then

by a law there would be no difficulty as had been suggested, on the part of the States in adjusting their elections to it. One consideration appeared to him to militate strongly agst fixing a time by the Constitution. It might happen that the Legislature might be called together by the public exigencies & finish their Session but a short time before the annual period. In this case it would be extremely inconvenient to reassemble so quickly & without the least necessity. He thought one annual meeting ought to be required; but did not wish to make two unavoidable.

Col. Mason thought the objections against fixing the time insuperable; but that an annual meeting ought to be required as essential to the preservation of the Constitution. The extent of the Country will ["also" stricken out] supply business. And if it should not, the Legislature, besides legislative, is to have inquisitorial powers, which can not safely be long kept in a State of suspension.

Mr Sherman was decided for fixing the time, as well as for frequent meetings of the Legislative body. Disputes and difficulties will arise between the two Houses, & between both & the States, if the time be changeable-frequent

of Parliament were

meetings required at the Revolution in England as an

Λ

safeguard
Λ

are annual meetings A

essential ["article" stricken out] of liberty. So also in most of the American charters and constitutions. There will be business eno' to require it. The Western Country, and the great extent and varying state of our affairs in general will supply objects.

["M! Pinkney was opposed to" stricken out]

no provision made

Λ

Mr Randolph was agst fixing any day irrevocably; but as there was ["power given" stricken out] any where in the Constitution ["to fix it on" stricken out] for regulating the periods of meeting, and some precise time must be fixed, until the Legislature shall make provision, he could not agree to strike out the words altogether. Instead of which he moved ["that the time named should remain 'until altered by law"" stricken out]

to add the words following-"unless a different day shall be appointed by law."

M Madison 2ded the motion, & on the question

N. H. no. Mas. ay. C no. Pa

ay. Del. Md
ay.

ay.

Va ay.

N. C. ay. S. C. ay. Geo. ay.

Mr Gov! Morris moved to strike out Dec! & insert May. It might frequently happen that our measures ought to be influenced by those in Europe, which were generally planned during the Winter and of which intelligence would arrive in the Spring.

M Madison 2ded the motion. he preferred May to Dec! because the latter would require the travelling to & from the Seat of Govt in the most inconvenient seasons of the year.

Mr Wilson. The Winter is the most convenient season for business.

M: Elseworth. The summer will interfere too much with private business, that of almost all the probable members of the Legislature being more or less connected with agriculture.

Mr Randolph. The time is of no great moment now, as the Legislature can vary it. On looking into the Constitutions of the States, he found that the times of their elections with which the elections of the Nat! Representatives would no doubt be made to co-incide, ["and" stricken out] would suit better with Dec' than May. And it was advisable to render our innovations as little incommodious as possible. On question for "May" instead of "Dec!"

N- H. no. Mas. no. Ct no. Pa no. Del. no. Ma no. Va no. N. C. no. S. C. ay. Geo. ay.

after the word "Senate" the words "subject

Λ

M: Read moved to insert ["words 'subjecting to the legislative power" stricken out] to the Negative to be hereafter provided". His object was to give an absolute negative to the Executive He considered this as so essential to the Constitution, to the preservation of liberty, & to the public welfare, that his duty compelled him to make the motion.

Mr Gov! Morris 2ded him. And on the question

N. H. no. Mas. no. C no. Pa no. Del. ay. Ma no. Va no. N. C. no. S. C. no. Geo, no.

Mr Rutlidge. Altho' it is agreed on all hands that an annual meeting of the Legislature should be made necessary, yet that point seems not to be freed from doubt as the clause stands. On this suggestion. "Once at least in every year." were inserted, nem. con.

Art. III with the fore

going alterations was agd

["the article" effaced]

to nem. con.

and is as follows

The Legislative power shall be vested in a Congress to consist of 2 separate & distinct bodies of men; ["a Senate" stricken out] a House of Reps. & a Senate ["each of which" stricken out] The Legislature shall meet at least once in every year, and such meeting shall be on the 1st, monday in Decr. unless a different day shall be appointed by law".

"Art IV. Sect. 1. taken up."

Mr Gov! Morris moved to strike out the last member of the beginning with the words

section ["relating to" stricken out] "qualifications" of Elect