National Legislature be again passed, or that of a particular Legislature be again negatived by of the members of each branch. 9. Res 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 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. Resolv 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. Res 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. Res that provision ought to be made for the ["amendment of the Articles of Union, whenever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto" stricken out] 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. Res 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. Res that the Legislative Executive & Judiciary powers within the several States ought to be bound by oath to support the articles of Union 15. Res 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. Wednesday May 30. Roger Sherman (from Connecticut) took his seat. The House went into Committee of the Whole on the State Gorham of the Union. M ["Ghorum" stricken out] was elected to to" stricken out] the Chair by Ballot. Randolph which The propositions of Mr. ["R and Mr. Pinkney which" stricken out] had been referred to the being ["it was agreed on his motion seconded by M' Gov'. Morris secCommittee ["were" stricken out] taken up. onded by MG Morris" stricken out] He moved on the suggestion of Mr G. Morris ["He M Randolph moved" stricken out]* that the first of his propositions to wit "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 & general welfare: .. consider the 3 following. the .should be postponed in order to will not accomplish the objects proposed by 1. that a Union of States merely federal ["was insuf A Λ the articles of Confederation, namely common defence, security of liberty, & gen'. welfare. ficient for the purpose of securing the liberty and happi ness &c." stricken out] 2. that no treaty or treaties among the whole or part of the States, as individual sovereignties, would be sufficient. ought to be established A 3 that a national Government consisting of a supreme Legislative, Executive & Judiciary. ["ought to be established." stricken out] The motion for postponing was seconded by M Gov Morris and unanimously agreed to. Some verbal criticisms were raised agst the first proposition, on motion of Mr Butler seconded by Mr. Randolph, and it was agreed to pass on to the third, which underwent lessɅ particular general Λ a discussion. ["more" stricken out] however on its merits than on the force and extent of the terms national & supreme. Λ M Charles Pinkney wished to know of Mr Randolph whether he meant to abolish the State Govern's altogether. M R. replied that he meant by these general propositions, merely to introduce ["d" stricken out] the particular ones which explained the outlines of the system he had in view. Mr Butler said he had not made up his mind on the subject, and was open to the light which discussion might throw After some general observations ["of a guarded character" stricken out] he concluded with saying that he had A the whole power was ["denoting a cautious temper" stricken out] on it. ["He seemed however to be rather cautious. He had he said" stricken out] opposed the grant of powers to Cong heretofore, because ["all power was" stricken out] vested in one body. The proposed distribution of the powers into different bodies changed the case, and would induce him to go great lengths. Л Λ Gen! Pinkney expressed a doubt whether the act of Cong recomending the Convention, or the Commissions of the deputies to it, could authorize a discussion of a System founded on different principles from the federal Constitution. M: ["Gherry" stricken out] seemed to entertain the same doubt. having Gerry M: Gov! Morris explained the distinction between a federal and national, supreme, Gov; the former being a mere compact resting on the good faith of the parties; the latter ["being" stricken out] a compleat and compulsive operation. He contended that in all communities there must be one supreme power, and one only. not Mr Mason observed that the present confederation was not only deficient in providing for coercion & punishment agst delinquent States; but argued very cogently that punish Λ in the nature of things be executed on ment could not ["be exerted agst " stricken out] the States Λ collectively, and therefore that such a Gov! was necessary as could directly operate on individuals, and would punish only ["only" stricken out] those whose guilt required it. Mr Sherman who took his seat to day, admitted that the Confederation had not given sufficient power to Congs. and that additional powers were necessary; particularly that of raising money which he said would involve many other powers. He admitted also that the General & particular jurisdictions ought in no case to be concurrent. He seemed however not be disposed to Make too great inroads on the existing system; intimating as one reason, that it would be wrong to lose every amendment, by inserting such as would not be agreed to by the States T ["[insert here Note D]" stricken out] It was moved by Mr. Read 2ded, by Mr. Chas. Cotesworth Pinkney, to postpone the 3d. proposition last offered by Mr. Randolph viz that a national Government ought to be established consisting of a supreme legislative Executive and Judiciary," in order to take up the following-viz. "Resolved that in order to carry into execution the Design of the States in forming this Convention, and to accomplish the objects proposed by the Confederation a more effective Government consisting of a Legislative, Executive and Judiciary ought to be established." The motion to postpone for this lost: purpose was ["disagreed to." stricken out] Yeas Massachusetts, Connecticut. Delaware S. Carolina—4 Nays ["." stricken out] N. Y. Pennsylvania, Virginia, North Carolina-4 ["as moved by" stricken out] Mr. [“ Butler Randolph Butler" stricken out] as moved by Mr. Butler on the third proposition On the question it was resolved in Committee of the whole that a national Govern ought to be established consisting of a supreme Legislative Executive & Judiciary." Mass's being ay-Connect. no. N. York divided [Col. Hamilton ay M Yates no] Pen ay. Delaware ay. Delaware ay. Virg ay. N. C. ay. S. C. ay. [Note E.] Resol: 2. of Mr. R's proposition, towit-see May 29. ["["The paragraph meaning proposing' stricken out] that the right of suffrage should be proportioned to the quotas of contribution or the number of free inhabitants, as in different cases might be judged expedient, came next into consideration." stricken out] ["by Mr. Randolph" stricken out] The following Resolution being the 24, of those proposed ["may 29." stricken out] by Mr. Randolph was taken up. viz-"that the rights of suffrage in the National 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." Madison A 'or to the number of M: ["M" stricken out] observing that the words free inhabitants." might occasion debates which would divert the principle of Committee from the general question whether the ["equality representation of votes" stricken out] should be changed, moved that they be might struck out. M: King observed that the quotas of contribution which [The passage beginning, "It was noved", and ending with the words, "North Carolina-4", was written upon a slip of paper attached and pasted over the words: “[insert here Note D]", immediately preceding, which were first stricken out.] [The words beginning, "The following Resolution", and ending "in different cases.", were written upon a slip of paper which was pasted over the words beginning "[Note E.] The para graph", and ending, "next into consideration.", after these words had been stricken out.] |