thought it would be a greater inconvenience, to require vessels bound to Philadelphia to enter below the jurisdiction of the state.

Mr. GORHAM and Mr. LANGDON contended, that the government would be so fettered by this clause as to defeat the good purpose of the plan. They mentioned the situation of the trade of Massachusetts and New Hampshire, the case of Sandy Hook, which is in the state of New Jersey, but where precautions against smuggling into New York ought to be established by the general government.

Mr. M'HENRY said, the clause would not screen a vessel from being obliged to take an officer on board, as a security for due entry, &c.

Mr. CARROLL was anxious that the clause should be agreed to. He assured the House that this was a tender point in Maryland. Mr. JENIFER urged the necessity of the clause in the same point of view.

On the question for agreeing to it,

Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, ay, 8; New Hampshire, South Carolina, no, 2.

The word "tonnage " was struck out, nem. con., as comprehended

in "duties."

On the question on the clause of the report,

"and all duties, imposts, and excises, laid by the legislature, shall be uniform throughout the United States,"

it was agreed to, nem. con.*

On motion of Mr. SHERMAN, it was agreed to refer such parts of the Constitution as have been postponed, and such parts of reports as have not been acted on, to a committee of a member from each state; the committee, appointed by ballot, being, Mr. Gilman, Mr. King, Mr. Sherman, Mr. Brearly, Mr. Gouverneur Morris, Mr. Dickinson, Mr. Carroll, Mr. Madison, Mr. Williamson, Mr. Butler, and Mr. Baldwin.

Adjourned.

-

SATURDAY, September 1.

In Convention. Mr. BREARLY, from the committee of eleven, to which were referred, yesterday, the postponed part of the Constitution, and parts of reports not acted upon, made the following partial report :

"That, in lieu of article 6, sect. 9, the words following be inserted, viz., 'The members of each House shall be ineligible to any civil office under the authority of the United States, during the time for which they shall respectively be elected; and no person holding an office under the United States shall be a member of either House during his continuance in office.""

Mr. RUTLEDGE, from the committee to whom were referred sundry propositions, (see 29th of August,) together with article 16, reported that the following additions be made to the report, viz.,

"After the word 'states,' in the last line on the margin of the third page, (see the printed report,) add 'to establish uniform laws on the subject of bankruptcies;'

In the printed Journal, New Hampshire and South Carolina entered in the negative.

"And insert the following as article 16, viz., Full faith and credit ought to be given in each state to the public acts, records, and judicial proceedings, of every other state; and the legislature shall, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect which judgments, obtained in one state, shall have in another.'"

After receiving these reports, the House adjourned.

MONDAY, September 3.

In Convention. - Mr. GOUVERNEUR MORRIS moved to amend the report concerning the respect to be paid to acts, records, &c., of one state in other states, (see the 1st of September,) by striking out "judgments obtained in one state shall have in another," and to insert the word "thereof," after the word "effect."

Col. MASON favored the motion, particularly if the "effect" was to be restrained to judgments and judicial proceedings.

Mr. WILSON remarked, that, if the legislature were not allowed to declare the effect, the provision would amount to nothing more than what now takes place among all independent nations.

Dr. JOHNSON thought the amendment, as worded, would authorize the general legislature to declare the effect of legislative acts of one state in another state.

Mr. RANDOLPH considered it as strengthening the general objection against the plan, that its definition of the powers of the gov ernment was so loose as to give it opportunities of usurping all the state powers. He was for not going farther than the report, which enables the legislature to provide for the effect of judgments.

On the amendment, as moved by Mr. Gouverneur Morris, Massachusetts. Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, ay, 6; Maryland, Virginia, Georgia, no, 3.

On motion of Mr. MADISON, the words "ought to' were struck out, and "shall" inserted; and "shall," between "legislature" and "by general laws," struck out, and "may" inserted, nem. con.

On the question to agree to the report, as amended, viz.,

"Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings, of every other state; and the legislature may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof,"

it was agreed to without a count of the states.250

The clause in the report, "To establish uniform laws on the subject of bankruptcies," being taken up,—

Mr. SHERMAN observed, that bankruptcies were, in some cases, punishable with death by the laws of England, and he did not choose to grant a power by which that might be done here.

Mr. GOUVERNEUR MORRIS said, this was an extensive and delicate subject. He would agree to it, because he saw no danger of abuse of the power by the legislature of the United States.

On the question to agree to the clause, Connecticut alone was in the negative.

Mr. PINCKNEY moved to postpone the report of the committee

of eleven, (see the 1st of September,) in order to take up the following:

"The members of each House shall be incapable of holding any office under the United States for which they, or any other for their benefit, receive any salary, fees, or emoluments, of any kind, and the acceptance of such office shall vacate their seats respectively."

He was strenuously opposed to an ineligibility of members to office, and, therefore, wished to restrain the proposition to a mere incompatibility. He considered the eligibility of members of the legislature to the honorable offices of government as resembling the policy of the Romans, in making the temple of Virtue the road to the temple of Fame.

On this question,

Pennsylvania, North Carolina, ay, 2; New Hampshire, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, South Carolina, Georgia, no, 8.

Mr. KING moved to insert the word "created" before the word "during," in the report of the committee. This, he said, would exclude the members of the first legislature under the Constitution, as most of the offices would then be created.

Mr. WILLIAMSON seconded the motion. He did not see why members of the legislature should be ineligible to vacancies happening during the term of their election.

Mr. SHERMAN was for entirely incapacitating members of the legislature. He thought their eligibility to offices would give too much influence to the executive. He said the incapacity ought, at least, to be extended to cases where salaries should be increased, as well as created, during the term of the member. He mentioned, also, the expedient by which the restriction could be evaded; to wit, an existing officer might be translated to an office created, and a member of the legislature be then put into the office vacated.

Mr. GOUVERNEUR MORRIS contended that the eligibility of members to office would lessen the influence of the executive. If they cannot be appointed themselves, the executive will appoint their relations and friends, retaining the service and votes of the members for his purpose, in the legislature; whereas the appointment of the members deprives him of such an advantage.

Mr. GERRY thought the eligibility of members would have the effect of opening batteries against good officers, in order to drive them out and make way for members of the legislature.

Mr. GORHAM was in favor of the amendment. Without it, we go farther than has been done in any of the states, or, indeed, any other country. The experience of the state governments, where there was no such ineligibility, proved that it was not necessary; on the contrary, that the eligibility was among the inducements for fit men to enter into the legislative service.

Mr. RANDOLPH was inflexibly fixed against inviting men into the legislature by the prospect of being appointed to offices.

Mr. BALDWIN remarked, that the example of the states was not

applicable. The legislatures there are so numerous, that an exclusion of their members would not leave proper men for offices. The case would be otherwise in the general government.

Col. MASON. Instead of excluding merit, the ineligibility will keep out corruption, by excluding office-hunters.

Mr. WILSON considered the exclusion of members of the legislature as increasing the influence of the executive, as observed by Mr. Gouverneur Morris; at the same time that it would diminish the general energy of the government. He said that the legal disqualification for office would be odious to those who did not wish for office, but did not wish either to be marked by so degrading a distinction.

Mr. PINCKNEY. The first legislature will be composed of the ablest men to be found. The states will select such to put the government into operation. Should the report of the committee, or even the amendment, be agreed to, the great offices, even those of the judiciary department, which are to continue for life, must be filled, while those most capable of filling them will be under a disqualification.

On the question on Mr. King's motion,

New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, ay, 5; Connecticut, New Jersey, Maryland, South Carolina, Georgia, no, 5.

The amendment being thus lost, by the equal division of the states, Mr. WILLIAMSON moved to insert the words "created, or the emoluments whereof shall have been increased," before the word "during," in the report of the committee.

Mr. KING seconded the motion, and on the question,

New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, ay, 5: Connecticut, New Jersey, Maryland, South Carolina, no, 4; Georgia, divided.

The last clause, rendering a seat in the legislature, and an office, incompatible, was agreed to, nem. con.

The report, as amended and agreed to, is as follows:

"The members of each House shall be ineligible to any civil office under the authority of the United States, created, or the emoluments whereof shall have been increased, during the time for which they shall respectively be elected. And no person, holding any office under the United States, shall be a member of either House during his continuance in office.251

Adjourned.

TUESDAY, September 4.

In Convention. - Mr. BREARLY, from the committee of eleven, made a further partial report, as follows: --

"The committee of eleven, to whom sundry resolutions, &c., were referred on the 31st of August, report that, in their opinion, the following additions and alterations should be made to the report before the Convention, viz.:

*

"1. The first clause of article 7, sect. 1, to read as follows: 'the legislature shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States.'

This is an exact copy.

The variations in that in the printed Journal are occasioned by its incorporation of subsequent amendments. This remark is applicable to other cases.

"2. At the end of the second clause of article 7, sect. 1, add, and with the Indian tribes.'

"3. In the place of the 9th article, sect. 1, to be inserted: The Senate of the United States shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present.'

"4. After the word 'excellency,' in sect. 1, article 10, to be inserted: 'He shall hold his office during the term of four years, and, together with the Vice-President chosen for the same term, be elected in the following manner, viz.: Each state shall appoint, in such manner as its legislature may direct, a number of electors equal to the whole number of senators and members of the House of Representatives to which the state may be entitled in the legislature. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves; and they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign, and certify, and transmit, sealed, to the seat of the general government, directed to the president of the Senate. The president of the Senate shall, in that house, open all the certificates, and the votes shall be then and there counted. The person having the greatest number of votes shall be the President, if such number be a majority of that of the electors; and if there be more than one who have such a majority, and have an equal number of votes, then the Senate shall immediately choose, by ballot, one of them for President; but if no person have a majority, then, from the five highest on the list, the Senate shall choose, by ballot, the President; and in every case, after the choice of the President, the person having the greatest number of votes shall be Vice-President; but if there should remain two or more who have equal votes, the Senate shall choose from them the Vice-President. The legislature may determine the time of choosing and assembling the electors, and the manner of certifying and transmitting their votes.'

·

"5. Sect. 2. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; nor shall any person be elected to that office who shall be under the age of thirty-five years, and who has not been, in the whole, at least fourteen years a resident within the United States.'

"6. Sect. 3. The Vice-President shall be er officio president of the Senate; except when they sit to try the impeachment of the President; in which case the chief justice shall preside, and excepting, also, when he shall exercise the powers and duties of President; in which case, and in case of his absence, the Senate shall choose a president pro tempore. The Vice-President, when acting as president of the Senate, shall not have a vote unless the House be equally divided.'

"7. Sect. 4. The President, by and with the advice and consent of the Senate, shall have power to make treaties; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, and other public ministers, judges of the Supreme Court, and all other officers of the United States, whose appointinents are not otherwise herein provided for. But no treaty shall be made without the consent of two thirds of the members present.'

"8. After the words into the service of the United States,' in sect. 2, article 10, add and may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices.'

"9. The latter part of sect. 2, article 10, to read as follows: He shall be removed from his office on impeachment by the House of Representatives, and conviction by the Senate, for treason or bribery; and in case of his removal as aforesaid, death, absence, resignation, or inability to discharge the powers or duties of his office, the Vice-President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.'"

The first clause of the report was agreed to, nem, con.

The second clause was also agreed to, nem. con.

The third clause was postponed, in order to decide previously on the mode of electing the President.

The fourth clause was accordingly taken up.

Mr. GORHAM disapproved of making the next highest after the