A number of members being very impatient & calling for the question N. H. no. Mas. no. Ct no. N. J. no. Pa ay. Del. no. Md. 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 U. S. in Cong 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 Cong 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 & arrangement being resumed, M. 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 N. H. no. Mas. no. Ct no. N. J. no. Pa ay. Del. ay. May. Veay. N.C. ay. S. C. no. Geo. no. Art. 1. sect. 3. the words "by lot" were struck out nem: con: 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. "By lot" had been reinstated from the Report of five Aug. 6. as a correction of the printed report by the Come of stile & arrangement. Madison's note. "Ex officio" struck out of the same section as superfluous; nem: con; and "or affirmation" after "oath" inserted also unanimously. M Rutlidge and M. Gov Morris moved "that persons impeached be suspended from their office until they be tried and acquitted" M: 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. M: King concurred in the opposition to the amend ment On the question to agree to it N. H. no. Mas. no. Cay. N. J. no. Pa no. Del. no. Md no. Vano. N. C. no. S. C. ay. Geo. ay. Art. 1. sect. 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 Govt 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 require secrecy." Col: Mason & M Gerry moved to insert after the word "parts," the words "of the proceedings of the VOL. IV.-29, 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 Reps was to concur, were instanced. On the question, it passed in the negative N. H. no. (Rh. I abs) Mas. no. Con: no (N. Y. abs) N. J. no. Pen. ay. Del. no. Mary. ay. Virg. no. N. C. ay. S. C. divd Geor. no. M. Baldwin observed that the clause, Art. 1. Sect. 6. declaring that 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 Constitu tion; and the salaries of which would be created, not increased by Cong at their first session. The members of the first Cong consequently might evade the disqualification in this instance.-He was neither seconded nor opposed; nor did any thing further pass on the subject. Art. 1. Sect. 8. The Congress "may by joint ballot appoint a Treasurer" M Rutlidge moved to strike out this power, and let the Treasurer be appointed in the same manner with other officers. M: Gorham & M King said 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 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. Gen! Pinkney. 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 Mas. no. Cay. N. J. ay. Pa no. N. H. ay. Del. ay. May. Va no. ay. Art 1 sect. 8. "but all such duties imposts & excises, shall be uniform throughout the U. S." were unanimously annexed to the power of taxation. To define & punish piracies and felonies on the high seas, and "punish" offences against the law of nations. M. Gov Morris moved to strike out "punish" before the words "offences agst the law of nations," so as to let these be definable as well as punishable, by virtue of the preceding member of the sentence. M 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 |