taxes," from sect. 2. art. 1. as improperly placed in a clause relating merely to the Constitution of the House of Representatives.

Mr Gov! Morris. The insertion here was in consequence of what had passed ["o" written upon "i"]n this point; in order to exclude the appearance of counting the Negroes in the Representation- ["The insertion may now be applied to" stricken out] The including of them may now be referred to the object of direct taxes, and incidentally only to ["relate" stricken out] that of Representation

On the motion to strike out "and direct taxes" from this place

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

Art. 1. sect. ["1" stricken out] 7."-" if any bill shall not be returned by the president within ten days (sundays excepted) after it shall have been presented to him &c"

in sect. 7. art. I

M: Madison, & ["M Randolph" stricken out] moved to insert between "after" and "it", the words "the day on which" in order to prevent ["a question" written upon "doubts"] whether the day on which the bill be presented, ought to be counted or not as one of the ten days

M: Randolph 2ded the Motion.

Mr Governu Morris. The amendment is unnecessary. The law knows no fractions of days

["A number" written upon "The Members"] of members being very impatient & calling for the question

N. H. no. Mas. no. C no. N J. no. Pa ay. Del. no- Ma ay

Va ay. N- C. no. S- C. no. Geo. no—

Doc Johnson made a further report from the Committee of

stile &c of the following resolutions to be substituted for 22 & 23 articles

Resolved that the preceding Constitution be laid before the U States in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent & ratification; & that each Convention assenting & ratifying the same should give notice thereof to the US in Congs assembled–

"Resolved that it is the opinion of this Convention that as soon as the Conventions of nine States, shall have ratified this Constitution, the U-S- in Congs assembled should fix a day on which electors should be appointed by the States which shall have ratified the same; and a day on which the Electors should assemble to vote for the President; and the time and place for commencing proceedings under this Constitution That after such publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the day fixed for the election of the President, and should transmit their votes certified signed, sealed and directed, as the Constitution requires, to the Secretary of the U- States in Cong assembled: that the Senators and Representatives should convene at the time & place assigned; that the Senators should appoint a President for the sole purpose of receiving, opening, and counting the votes for President, and that after he shall be chosen, the Congress, together with the President should without delay proceed to execute this Constitution."

Adjourned

Friday Sep 14th 1787 In Convention

The Report of the Committee of stile ["&" written upon "of"] arrangement being resumed,

generally

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 ["in general" stricken out] to the number allotted to the respective States; and to allow two to the ["States" stricken out, "smallest" written upon "States"] States.

On this motion

N. H. no- Mas. no. C no. N. J- no. Pa ay- Del. ay. Md ay. V ay. N C. ay. S- C. no. Geo, no

Art. 1. sect. 3.—the words "by lot"

nem con:

lot" were struck out on motion of M 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;

and "or affirmation". ["inserted" stricken out] after "oath" inserted also unanimouslynem: con:

Mr Rutlidge and M Gov! Morris moved "that persons impeached be suspended from their office until they be tried and acquitted"

made

Mr Madison- The President is too dependent already on

A

try him in consequence of an impeachment by the other.

Λ

the Legislature, by the power of one branch to ["impeach & of the other to try him" stricken out] This intermediate suspension, will put him in the power of one branch onlyThey 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

concurred

Mr King in the opposition to the amendment

On the question to agree to it

from the Report of five made Aug. 6.

'By lot" had been reinstated as a correction of the printed report by the Come of stile & arrangement.

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

in order to exempt

Art. 1. sect. 4. "except as to the places of choosing Senators" added nem: con: to the end of the first clause, ["to", illegible word stricken out] the seats of Gov in the States from the power of Congress

Art. 1. Sect. 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[“s” effaced] require secrecy."

Col: Mason & M 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" effaced]

It was intimated on the other side that cases might arise where secrecy might be necessary in both HousesMeasures preparatory to a declaration of war in which the House of Rep was to concur, were instanced.

On the question, it passed in the negative

X

["Seven States were in the Negative: three in the affirm

Con: no

XN. H. no. (Rh. Isd :) Mas, no. (N. Y. abs) N. J. no. Pen, ay, Del- no. Mary, ay. Virg. no. N. C. ay. S. C. divd. Geor. no

ative: one divided." stricken out]

Mr Baldwin observed that the clause. art. 1. sect 6. [“dis

declaring that

Λ

qualifying" stricken out] no member of Cong, “during the time for which he was elected; shall be appointed to any Civil office under the authority of the U. S. 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 Cong at their first session The members of Cong consequently might

the first

evade the disqualification in this instance.-He was neither seconded nor opposed; nor ["did" written upon "was"] any further ["pass" written upon "said"] on the subject.

thing

Λ

Art. 1. Sect. 8." The Congress "may by joint ballot appointed a Treasurer"

ed

M: Rutlidge moved to strike out this power, and let the Treasurer be appoint ["ment" stricken out] in the same manner with other officers.

Λ

said

Mr Gorham & M King that the motion, if agreed, to would have a mischievous tendency. The people are accustomed & attached to that mode of appointing Treasurers, and the innovation will ["be" stricken out] multiply objections to the System.

M Gov Morris remarked that if the Treasurer be not appointed by the Legislature, he will be more narrowly watched, and more readily impeached

M: 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:

is

Λ

Gen' Pinkney. The Treasurer is appointed by joint ballot in South Carolina. The consequence that bad appointments are made, and the Legislature will not listen to the faults of their own officer.

On the motion to strike out

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

"but all such duties imposts & excises, shall be uniform throughout the

'Art I. sect. 8: To define & punish piracies and felonies

U-S-" was unanimously annexed to the power of taxation.

on the high seas, and "punish" offences against the law of

nations.

Mr Gov! Morris moved to strike out "punish" before the