Page images
PDF
EPUB
[blocks in formation]

supersede the Laws of particular States, 155. Pine-barren Acts, Paper
money; Debts; executing the Laws, 157. Cognizance of Contro-
versies, 159. Federal Laws conflicting with those of the States; Legisla-
tion on Individuals instead of States; Treaties; Ends of the Constitution
accomplished by a paramount Judiciary,

Page

.... 160

Powers granted, &c., 182. Operation on Paper Money; its great Deprecia-
tion; legal Tender, &c.,..

Securities, no Power to interfere with them,..

Opposed to the previous Question; conditional Ratification alarming,
Against standing out, and for Adoption,

Mr. GOUDY- for certain Rules to govern the Proceedings,

Powers of Congress; Tendency to destroy the State Governments,

Mr. JAMES GALLOWAY

itself,

[ocr errors]

183

191

218

236

10

93

Congress; Apprehension that it may perpetuate

70

73

101

190

99

Yeas and Nays; one fifth required,..

Slavery; Manumission apprehended,..

Laws supreme; Obligation of Contracts; Redemption of Securities,

Mr. HARDIMAN-Defence, where to apply,

Mr WHITMILL HILL-Requisition; Taxes, to be paid in Money Loans,... 83

MI IREDELL- Full and fair Discussion necessary,,

Nature of Government; People may model it as they please,.

Further Remarks on the Necessity of fully debating the proposed Con-
stitution,.

[blocks in formation]

Senatorial Term; Powers of the Senate; Reference to British Government,

[blocks in formation]

Elections; Control by general Government; executive, legislative, and

judicial, separate, an Iimprovement,

Taxation; approves the Power by Congress,

Powers ought to be competent to the public Safety,
Slavery, no Power in Congress to abolish it,..
Election; approves the Clause,..

110

Presidential Election; Objections answered, 107. President's Power over
the Military; his Council, their Opinion to be given in Writing; Ex-
ample of England, 108. Responsibility; Pardon; Impeachment,...
Sovereignty of the States; Inequality of Suffrage in making Treaties, 125.
Bribes; Impeachment, not proper to render the Senate liable to it; Usage
of discussing Treaties in the British Parliament, 126. Surrender of Terri-
tory without an Act of Parliament; relative Influence of the two Houses
of Parliament, 123. Rulers should be watched; Amendments proposed by
the four States,.
130

No Danger from the Apprehension of Aristocracy; Commons an Overmatch
for King and Lords,..

132

Senate's Power ought to counteract that of the House, to preserve State
Sovereignty, 133. Choice of President and Senators; Mode of nominat-
ing; Approval of the Senate; Influence of the House preponderating, 134
Trial by Jury; the best; its Omission owing to the Difficulty of establishing
a uniform Mode, 144. Old Confederation; Quotas; Debts; Supreme
Court; Stamp Act; Bill of Rights, absurd and dangerous,

[blocks in formation]

Juries may be either in superior or inferior Courts,..
Trial by Jury; omitted from the Difficulty of the Case, in the Convention,
arising from the different Modes that obtain in the States,.
Jury Trial further noticed; Constitution should define Authority, so as to
leave no Doubt; Congress claiming Power not given, a Usurpation,...... 170
Slaves, emancipated in some of the Northern States; "Persons," escaping,
shall be delivered up to those entitled to Service; Reasons why the
Northern Delegates objected to the word "Slave" being mentioned in the
Constitution,

176

Amendments may be made; Suffrage in the Senate; Compromise on
Slavery, &c.,....

177

Three Fourths may call a Convention to amend,.

173

Laws consistent with the Constitution binding on the People; Powers

Mr. IREDELL, continued-

Page

usurped; Powers intended to be given, legal without new Authority, &c., 179
Paper Money not affected, 185. Relative Importance of the Northern and
Southern States,

Replies to general Objections,

Exclusive Legislation; States will stipulate; Insult to Congress in 1783;
Powers enumerated, excluded from all others; Abuse of Power; Non-
Adoption out of the Union; State of the Union in 1776; anticipates the
Interest of the First Congress; Importance of framing the first Code of
Laws,..

.....

186

218

218, 223
228

"Nine," sufficient to establish the Constitution; Disadvantages in not
joining the Union under the Constitution,.
His Resolution for Yeas and Nays,....
Religion; Tests; Persecutions; its Toleration in America; Sacrament in
Great Britain; Office open to all Religions; Guaranty explained; Presi
dent must be a Native; Form of an Oath; governed by the Religion of
the Person taking it; Case of an East Indian, a Gentoo, in Charles II.'s
Time,

Moves for Ratification and subsequent Amendments,
Gor. JOHNSTON-Vice-President's Vote defended,
Representative accountable only to his Constituents,
Impeachment; Removal; Disqualification,
State Officers amenable to the Courts of Law,.
Amendments; no Danger apprehended,

Powers; no Parallel between Congress and Parliament,

Taxation, in Kind,

Treaties; Difference between Confederation and Constitution,

241

197

248

26

33

35

50

56

64

77

Replies to Objections,

88

115

[blocks in formation]

Fallacy of the Opinion that the Pope, or a Foreigner, may be chosen
President; Religion,

198

Mr. WILLIE JONES- for putting the Question upon the Constitution im-
mediately,

4

Reasons for this Proposition,.

7

Ratification; wished to be out of the Union,..

245

Though no Share in the new Appointments, common Interest with Virginia;
Jefferson, he stated, wished Ratification only to preserve the Union;
Office Expectants, their Bias, &c.,.

[blocks in formation]

Against Adoption; moved the previous Question; refuses to withdraw his
Motion,..
Mr. LANCASTER- his Apprehensions for Constitutional Amendments, 212.
Elections; President's conditional Negative; Two Thirds very rarely will
agree to a Law; Appeals; Armies; Religion; Papists or Mahometans
may occupy the Chair; Disqualification in the States; would oppose
Adoption,

Mr. LOCKE-Constitution grants unlimited Powers, 163. Necessity of Pine-
barren Acts; expedient to make Paper Money a legal Tender,.
Opposes the Adoption,..

215

169

239

Mr. LENOIR - President's Treaty-inaking Power, a legislative Act,
Convention exceeded its Powers; Reasons for opposing,.

27

201

Constitution a Blank till adopted,.

Impeachment not extended to Representatives,

Impeachment, not to reach petty Officers,.

Mr. MACLAINE-Distinction between a Monarchy and Republic,.
"We, the People," proper,

Vice-President's casting Vote,.

Biennial Elections defended,

Vice-President's Powers,...

Misdemeanors, by great State Officers, how redressed?
Parliamentary Power; Blackstone; Militia Power,..
Elections; Time, Manner, Place, &c.,

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]
[blocks in formation]

States, their Interests connected; Trial by Jury,

151

Power in the People, not in the States; Distinction between Law and Fact;

Federal Jurisdiction limited,.

160

State and Federal Courts,..

164 to 172

Money Bills; Paper Money; Depreciation, though ultimately good,
Trial by Jury; further Explanations, .

172

175

State Sovereignty not in Danger from Congress,.

180

Taxes will be inconsiderable; Congress will have Credit abroad; Adoption

will bring out Specie,....

188

Trade, its Resources; Loans,

189

Mr. M'DOWALL-Elections; Control over Taxation, opposed to its Surrender
to the general Government,..

[blocks in formation]

Taxes; Consequence of Ambiguity,.

Bill of Rights essential; Elections,..

Mr. MILLER-Presidential Powers, a Defect in the Constitution,.

Mr. PERSON - for previous Question,...

139

210

114

217

Mr. PORTER-Money Clause, whence does the Power originate?.
Treaty-making Power in the President and Senate,....

94

115

Treaties; House of Representatives ought to have a Vote in making them,.. 118

Mr. SHEPHERD-for full Discussion,.

217

Mr. SPAIGHT (a Member of the Federal Convention) - Taxes, whether paid to
State or Federal Government, no Difference,.

[blocks in formation]

Judiciary; Federal Convention unanimous in keeping separate the Federal
and State Governments,

139

Trial by Jury; in the Federal Convention, considerable Time taken to
investigate the Subject,

144

Convention, denies that it exceeded its Powers,.

206

Senate responsible to State Legislatures; Federal Constitution favorable to
Trial by Jury; Religion, no Power over it; an Infidel will never be chosen
for Office; Amendments; exclusive Legislation; Liberty of the Press;
Census; Requisitions done away,.............

206, 210

Mr. SPENCER-Governors, Servants of the People,.
Objections to the new Form of Government,
Refractory States; Elections, .

12

50

65

Taxes, Interference between the States and the Federal Government;
Objections,....

75

Taxes; laid by the State preferred,.

80

But in War by the general Government,

82

Executive Power; standing Council of one Member from each of the
States, &c.,..

116

Treaties should have the Sanction of all the Senate; Aristocracy should be
guarded against,

131

Judiciary, Objections to the System,..

136

Preamble, "We, the People; " Oath, 153. Trial by Jury,

154

Contends for a Bill of Rights; Power, Jurisdiction, and Right, not given up,

remain in the States; objects to a Revision of Facts by Federal Court, and

[blocks in formation]

Amendments, 227. For Union,

Mr. STEELE-Elections; no Check in the old Confederation,.

Journal, its Publication,....

Taxation, in Favor of the Clause,

239

71

72

Page

Mr. JOSEPH TAYLOR- Wording, "We, the People," an assumed Power,.. 23

Appointments; Rights parted with,

36

Impeachment, does it reach Collectors?.

45

Elections, their Control in vague Terms,.
Electors, Objections to the Power,.

70

104, 105

Mr. WILSON - wished Exclusion of Popish Priests from Office,..

212

BILL OF RIGHTS, .

243

......

250

251

YEAS AND NAYS, at large, on Amendment,

CLOSING PROCEEDINGS—"neither to ratify nor reject the Constitution,”
adopted by a large Majority,..

SOUTH CAROLINA.

ROBERT BARNWELL- for a limited Discussion, 263. Defence of the Con-
stitution, 291. President's Responsibility; Treaties; Congressional Pay;
Paper Medium; Trial by Jury; Preferences; Importation of Negroes;
Carrying Trade; pleased with the Clause relative to Slaves,.....
PIERCE BUTLER (one of the Members of the Federal Convention) — Im-
peachment; Senate; Peace and War,.....

-

293

263

Mr. PATRICK CALHOUN — Religion; too great a Latitude allowed,.....
PATRICK DOLLARD (in Convention) - his Constituents, to a Man, opposed
to the Constitution for Want of a Bill of Rights,
Com. GILLON-satisfied with the Doings of the Convention; in Favor of
American Bottoms,....

[blocks in formation]

Hon. RALPH IZARD — Right of Kings to make Treaties, .
Mr. RAWLINS LOWNDES-Senate and the old Confederation; Constitution
and Laws paramount; Presidential Powers,...
Treaties contrary to Law not valid; Eulogium on the Confederation, 271.
New Government an Experiment; no adequate Advantage; Slavery,.... 272
Importation of Negroes, 272. Evils apprehended from the Laws of Congress;
local Legislature; Fears for the Fate of the Southern States,..
Defence of the Confederation; Powers of the President; Representation;
Senators; Commercial Advantages enjoyed by the Eastern States; Taxes;
Congressional Pay; recommends another Convention,
Explains his Argument on Treaties; Checks; limiting the Importation of
Negroes an Evil; Navy to come from the East; Taxes; Expense of the
Government; Presidential Powers; the "Well-born;" preparatory Plan
for a Monarchy; Constitution ruinous to the Liberty of America,.
Mr. JAMES LINCOLN-opposes the Constitution, as an aristocratic Govern-
ment; President may hold his Office for Life; Liberty of the Press
forgotten; Bill of Rights essential,

287, 291

308

..... 312

Col. MASON—thanks Mr. Lowndes for his Opposition to the Constitution,... 316
Mr. JOHN MATTHEWS-denies the Efficiency of the Confederation, ... 298
JUDGE PENDLETON - Impeachment,..

-

......

Only three States sanctioned the Importation of Negroes,
CHARLES PINCKNEY (a Member of the Federal Convention) — Motives as
a Member of the Federal Convention; Condition of the Country at the
Close of the War; Defects of the Confederation, &c., 253. Necessity
of a Government to operate on the People; Compromise; rapid Glance
at different Parts of the System,..
President's Power; Responsibility,

Observations on the System (before the Convention May 12.) But one
Government in Europe that provides for civil Rights, 318. People
Servants; Rulers supreme; Ireland; the Netherlands; America taught
the Rights of Man, 319. Primogeniture, 320. Peopled classed; commercial
foreign Trade, Root of public Distress; mechanical; agricultural, 321.
Merchants; Mediocrity a leading Feature; Division into States; East-
ern, 322. Middle; Maryland and the Southern States; Outline of the
Legislation of Pennsylvania; Georgia; Maryland, 323.
New York,
Massachusetts, 325. Foreign Governments; Evils of a Republic, 326

263

272

257

236

Constitution represents States as well as Governments; three principal
Forms of Government considered,...
CHARLES COTESWORTH PINCKNEY (a Member of the Federal Conven-
tion) - Treaties, where to be lodged; President, the Power of proposing
Treaties,

Objections answered; Treaties not repugnant to Laws; Mode of voting in
Senate, &c.,..

Treaty of Peace, on its Promulgation; Recognizances discharged; Case of
Love for Murder,

....

Explanations on Treaties; paramount under the Confederation, 277. Vattel
and Burlamaqui quoted; South Carolina interested in the Sacredness of
Treaties; properly lodged in the Senate and President,..
Abuse of Power; Impeachment; Things under the Confederation pictured;
The "three fifths," 230. Representation, 283. Sufferings of the Eastern
States in the Cause of Independence; Negroes necessary in Cultivation
for South Carolina; Compromise; Security against Emancipation; Fugi-
tives recoverable,

Independent before the Treaty of Peace; replies to Mr. Lowndes's Objec-
tions; Powers voted for the general Good; Elections; Representatives;
Senate; Presidential Elections; Foreign Influence to be guarded against;
commercial Preferences; Judiciary,..

Page

327

263

266

270

278

284

...300 to 308

Replies to Mr. Lincoln's Objections; Policy of the Reeligibility of the
President; General Government, no Powers but what are expressly
granted; Reasons why a Bill of Rights was not inserted,..
(In Convention) - 10th Sec. Art. 1.

315

On the Restrictive Clauses; Paper

Money; Credit with Foreigners,..

333

Mr. PRINGLE (Speaker) — Treaty-making belongs to the executive Depart-
ment; President and Senate do not possess legislative Power,.
DAVID RAMSAY- Treaties superior to local Laws,..
Continental Debt; old Confederation dissolved,.

268

270

286

Hon. JACOB READ - Confederation; Congress; its Efficiency farcical;
Instances,..

[blocks in formation]

Hon. JOHN RUTLEDGE (a Member of the Federal Convention) - Treaties
paramount; their Mode of Ratification in England, and Óperation in
America, 267. Difficulties in '82 because nine States did not attend,..... 268
Treaties, the paramount Law; Eulogium on the Constitution,....
Hon. EDWARD RUTLEDGE-Weakness of the Confederation; defends the
Constitution, 274. Taxes, in Favor of the South; $10 a head on Negroes
equivalent to per cent. on Importations; all Free taxed; only two
fifths of the Slaves taxed,

277

Federal Convention did not exceed its Powers; Navigation; Exclusion from
West India Trade, &c.,..

298

338

Gen. SUMPTER (in Convention) - moved an Adjournment, to give further
Time for Consideration; rejected, yeas, 89; nays, 135,
ALEXANDER TWEED (in Convention) - denies the Restrictions of his Con-
stituents; open to Conviction; Reform needed; Importance of the Con-
stitution,.

-

QUESTION To assemble at Charleston the 12th of May; ayes, 76;
nays, 75,..

RATIFICATION, (in Convention;) yeas, 149; nays, 73,

322

316, 317

338, 340

341

CONGRESS of 1765. Note- List of Delegates and Extract from the Jour-
nal, 341. Extract from Ramsay on Ratification,

OPINIONS.

ABOLITION. Right of Petition. H. R. January, 1836. — Cushing,
ALIEN AND SEDITION LAWS. June, 1798.

[blocks in formation]

440. Report, 1799, ...
VIRGINIA RESOLUTIONS of 1798, pronouncing the Sedition Laws to be un-
constitutional, and defining the Rights of the States, drawn by Mr. Madison, 50%
VOL. IV.

B

« PreviousContinue »