DEBATES IN THE FEDERAL CONVENTION OF 1787, HELD AT PHILADELPHIA. MONDAY, May 14, 1787, Was the day fixed for the meeting of the deputies, in Convention, for revising the federal system of government. On that day a small number only had assembled. Seven states were not convened till When the following members appeared: from New York-Robert Yates and Alexander Hamilton; FRIDAY, May 25, New Jersey - David Brearly, William Churchill Houston, and William Patter son; Pennsylvania - Robert Morris, Thomas Fitzsimons, James Wilson, and Gouverneur Morris ; Delaware -- George Reed, Richard Basset, and Jacob Broom; Virginia — George Washington, Edmund Randolph, John Blair, James Madison, George Mason, George Wythe, and James M'Clurg; North Carolina Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Hugh Williamson; South Carolina — John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, and Pierce Butler; Georgia-William Few. Mr. ROBERT MORRIS informed the members assembled that, by the instruction and in. behalf of the deputation of Pennsylvania, he proposed GEORGE WASHINGTON, Esq., late commander-in-chief, for president of the Convention.* Mr. JOHN RUTLEDGE sec onded the motion, expressing his confidence that the choice would be unanimous; and observing, that the presence of General WASHINGTON forbade any observations on the occasion, which might otherwise be proper. Gen. WASHINGTON was accordingly unanimously elected by ballot, and conducted to the chair by Mr. R. Morris and Mr. Rutledge, from which, in a very emphatic manner, he thanked the Convention for the honor they had conferred on him, reminded them of the nov The nomination came with particular grace from Pennsylvania, as Dr. Frank lin alone could have been thought of as a competitor. The doctor was himself to have made the nomination of General Washington, but the state of the weather and of his health confined him to his house. elty of the scene of business in which he was to act, lamented his want of better qualifications, and claimed the indulgence of the house towards the involuntary errors which his inexperience might occasion. Mr. WILSON moved that a secretary be appointed, and nominated Mr. Temple Franklin. Col. HAMILTON nominated Major Jackson. On the ballot, Major Jackson had five votes, and Mr. Franklin two votes. On reading the credentials of the deputies, it was noticed that those from Delaware were prohibited from changing the article in the Confederation establishing an equality of votes among the states.79 The appointment of a committee, on the motion of Mr. C. PINCKNEY, consisting of Messrs. Wythe, Hamilton, and C. Pinckney, to prepare standing rules and orders, was the only remaining step taken on this day. MONDAY, May 28. In Convention. - From Massachusetts, Nathaniel Gorham and Caleb Strong; from Connecticut, Oliver Ellsworth; from Delaware, Gunning Bedford; from Maryland, James M'Henry; from Pennsylvania, Benjamin Franklin, George Clymer, Thomas Mifflin, and Jared Ingersoll, took their seats. Mr. WYTHE, from the committee for preparing rules, made a report, which employed the deliberations of this day. Mr. KING objected to one of the rules in the report authorizing any member to call for the yeas and nays, and have them entered on the minutes. He urged that, as the acts of the Convention were not to bind the constituents, it was unnecessary to exhibit this evidence of the votes; and improper, as changes of opinion would be frequent in the course of the business, and would fill the minutes with contradictions. Col. MASON seconded the objection, adding, that such a record of the opinions of members would be an obstacle to a change of them on conviction; and in case of its being hereafter promulged, must furnish handles to the adversaries of the result of the meeting. The proposed rule was rejected, nem. con. The standing rules agreed to were as follows: RULES. "A House to do business shall consist of the deputies of not less than seven states; and all questions shall be decided by the greater number of these which shall be fully represented. But a less number than seven may adjourn from day to day. 66 Immediately after the president shall have taken the chair, and the members their seats, the minutes of the preceding day shall be read by the secretary. "Every member, rising to speak, shall address the president; and, whilst he shall be speaking, none shall pass between them, or hold discourse with another, or read a book, pamphlet, or paper, printed or manuscript. And of two members rising to speak at the same time, the president shall name him who shall be first heard. "A member shall not speak oftener than twice, without special leave, upon the same question; and not the second time, before every other who had been silent shall have been heard, if he choose to speak upon the subject. "A motion, made and seconded, shall be repeated, and, if written, as it shall be when any member shall so require, read aloud, by the secretary, before it shall be debated; and may be withdrawn at any time before the vote upon it shall have been declared. "Orders of the day shall be read next after the minutes; and either discussed or postponed, before any other business shall be introduced. "When a debate shall arise upon a question, no motion, other than to amend the question, to commit it, or to postpone the debate, shall be received. 64 A question which is complicated shall, at the request of any member, be divided, and put separately upon the propositions of which it is compounded. "The determination of a question, although fully debated, shall be postponed, if the deputies of any state desire it, until the next day. "A writing, which contains any matter brought on to be considered, shall be read once throughout, for information; then by paragraphs, to be debated; and again, with the amendments, if any, made on the second reading; and afterwards the question shall be put upon the whole, amended, or approved in its original form, as the case shall be. "Committees shall be appointed by ballot; and the members who have the greatest number of ballots, although not a majority of the votes present, shall be the committee. When two or more members have an equal number of votes, the member standing first on the list, in the order of taking down the ballots, shall be preferred. "A member may be called to order by any other member, as well as by the president, and may be allowed to explain his conduct, or expressions, supposed to be reprehensible. And all questions of order shall be decided by the president, without appeal or debate. "Upon a question to adjourn, for the day, which may be made at any time, if it be seconded, the question shall be put without a debate. "When the House shall adjourn, every member shall stand in his place until the president pass him.” * A letter from sundry persons of the state of Rhode Island, addressed to the chairman of the General Convention, was presented to the chair by Mr. GOUVERNEUR MORRIS, and, being read, was ordered to lie on the table for further consideration.† Mr. BUTLER moved, that the House provide against interruption of business by absence of members, and against licentious publications of their proceedings. To which was added, by Mr. SPAIGHT, a motion to provide that, on the one hand, the House might not be precluded by a vote upon any question from revising the subjectmatter of it, when they see cause, nor; on the other hand, be led too hastily to rescind a decision which was the result of mature discussion. Whereupon it was ordered, that these motions be referred for * Previous to the arrival of a majority of the states, the rule by which they ought to vote in the Convention had been made a subject of conversation among the members present. It was pressed by Gouverneur Morris, and favored by Robert Morris and others from Pennsylvania, that the large states should unite in firmly refusing to the small states an equal vote, as unreasonable, and as enabling the small states to negative every good system of government, which must, in the nature of things, be founded on a violation of that equality. The members from Virginia, conceiving that such an attempt might beget fatal altercations between the large and small states, and that it would be easier to prevail on the latter, in the course of the deliberations, to give up their equality for the sake of an effective government, than, on taking the field of discussion, to disarm themselves of the right, and thereby throw themselves on the mercy of the larger states, discountenanced and stifled the project For the letter, see Appendix, No. 1. the consideration of the committee appointed to draw up the standing rules, and that the committee make report thereon. Adjourned till to-morrow, at ten o'clock. TUESDAY, May 29. In Convention.-John Dickinson and Elbridge Gerry, the former from Delaware, the latter from Massachusetts, took their seats. The following rules were added, on the report of Mr. Wythe, from the committee: "That no member be absent from the House, so as to interrupt the representation of the state, without leave. "That committees do not sit whilst the House shall be, or ought to be, sitting. "That no copy be taken of any entry on the Journal, during the sitting of the House, without leave of the House. "That members only be permitted to inspect the Journal. "That nothing spoken in the House be printed, or otherwise published, or communicated, without leave. "That a motion to reconsider a matter which has been determined by a majority may be made, with leave unanimously given, on the same day on which the vote passed; but otherwise, not without one day's previous notice; in which last case, if the House agree to the reconsideration, some future day shall be assigned for that purpose." Mr. C. PINCKNEY moved, that a committee be appointed to superintend the minutes. Mr. G. MORRIS objected to it. The entry of the proceedings of the Convention belonged to the secretary as their impartial officer. A committee might have an interest and bias in moulding the entry according to their opinions and wishes. The motion was negatived-five noes, four ayes. Mr. RANDOLPH then opened the main business : He expressed his regret that it should fall to him, rather than those who were of longer standing in life and political experience, to open the great subject of their mission. But as the Convention had originated from Virginia, and his colleagues supposed that some propo sition was expected from them, they had imposed this task on him. He then commented on the difficulty of the crisis, and the necessity of preventing the fulfilment of the prophecies of the American downfall. He observed, that, in revising the federal system, we ought to inquire, first, into the properties which such a government ought to possess; secondly, the defects of the Confederation; thirdly, the danger of our situation; and, fourthly, the remedy. 1. The character of such a government ought to secure, first, against foreign invasion; secondly, against dissensions between members of the Union, or seditions in particular states; thirdly, to procure to the several states various blessings, of which an isolated situation was incapable; fourthly, it should be able to defend itself against encroachment; and, fifthly, to be paramount to the state constitutions. 2. In speaking of the defects of the Confederation, he professed a high respect for its authors, and considered them as having done all that patriots could do, in the then infancy of the science of constitutions and of confederacies; when the inefficiency of requisitions was unknown-no commercial di-cord had arisen among any states no rebellion had appeared, as in Massachusetts -- foreign debts had not become urgent the havoc of paper money had not been foreseen treaties had not beer. violated; and perhaps nothing better could be obtained, from the jealousy of the states with regard to their sovereignty. He then proceeded to enumerate the defects:— First, that the Confederation produced no security against foreign invasion; Con gress not being permitted to prevent a war, nor to support it by their own authority Of this he cited many examples; most of which tended to show that they could no. cause infractions of treaties, or of the law of nations, to be punished; that particular states might, by their conduct, provoke war without control; and that, neither militia nor drafts being fit for defence on such occasions, enlistments only could be successful, and these could not be executed without money. Secondly, that the federal government could not check the quarrel between states, nor a rebellion in any, not having constitutional power, nor means, to interpose ac cording to the exigency. Thirdly, that there were many advantages which the United States might acquire, which were not attainable under the Confederation; such as a productive impost, counteraction of the commercial regulations of other nations, pushing of commerce ad libitum, &c., &c. Fourthly, that the federal government could not defend itself against encroachments from the states. Fifthly, that it was not even paramount to the state constitutions, ratified as it was in many of the states. 3. He next reviewed the danger of our situation; and appealed to the sense of the best friends of the United States to the prospect of anarchy from the laxity of government every where and to other considerations. 4. He then proceeded to the remedy; the basis of which, he said, must be the republican principle. He proposed, as conformable to his ideas, the following resolutions, which he explained one by one. 1. Resolved, that the Articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, common defence, security of liberty, and general welfare.' "2. Resolved, therefore, 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. of "3. Resolved, that the national legislature ought to consist of two branches "4. Resolved, that the members of the first branch of the national legislature ought to be elected by the people of the several states every for the term ; to be of the age of years at least, to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service to be ineligible to any office established by a particular state, or under the authority of the United States, except those peculiarly belonging to the functions of the first branch, during the term of service, and for the space of after its expiration; to be incapable of reclection for the space of after the expiration of their term of service, and to be subject to recall "5. Resolved, that the members of the second branch of the national legislature ought to be elected, by those of the first, out of a proper number of persons nominated by the individual legislatures; to be of the age of years at least; to hold their offices for a term sufficient to insure their independency; to receive liberal. stipends, by which they may be compensated for the devotion of their time to the public service; and to be ineligible to any office established by a part cul ir state; of under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service, and for the spice of after the expiration thereof. 6. Resolved, that each branch ought to possess the right of originating acts; that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and mor over to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several states contravening, in the opinion of the national legis. lature, the Articles of Union, or any treaty subsisting under the authority of the |