ryland, Virginia, North Carolina, South Carolina,* Georgia, aye-8; New Jersey, Pennsylvania, Delaware, no-3. Mr. MADISON objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature; and for any act which might be called a misdemeanour. The President under these circumstances was made improperly dependent. He would prefer the Supreme Court for the trial of impeachments; or, rather, a tribunal of which that should form a part. Mr. GOUVERNEUR MORRIS thought no other tribunal than the Senate could be trusted. The Supreme Court were too few in number, and might be warped or corrupted. He was against a dependence of the Executive on the Legislature, considering the Legislative tyranny the great danger to be apprehended; but there could be no danger that the Senate would say untruly, on their oaths, that the President was guilty of crimes or facts, especially as in four years he can be turned out. Mr. PINCKNEY disapproved of making the Senate the court of impeachments, as rendering the President too dependent on the Legislature. If he opposes a favorite law, the two Houses will combine against him, and under the influence of heat and faction throw him out of office. Mr. WILLIAMSON thought there was more danger of too much lenity, than of too much rigor, towards the President, considering the number of cases in which the Senate was associated with the President. * In the printed Journal, South Carolina, no. Mr. SHERMAN regarded the Supreme Court as improper to try the President, because the Judges would be appointed by him. On motion by Mr. MADISON, to strike out the words, "by the Senate," after the word "conviction," Pennsylvania, Virginia, aye-2; New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, no-9. In the amendment of Col. MASON just agreed to, the word "State," after the words, "misdemeanours against," was struck out; and the words, "United States," unanimously inserted, in order to remove ambiguity. On the question to agree to the clause, as amended, New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye-10; Pennsylvania, no-1. On motion, the following: "The Vice President, and other civil officers of the United States, shall be removed from office on impeachment and conviction, as aforesaid," was added to the clause on the subject of impeachments. The clause of the Report made on the fifth of September, and postponed, was taken up, to wit: "All bills for raising revenue shall originate in the House of Representatives; and shall be subject to alterations and amendments by the Senate. No money shall be drawn from the Treasury but in consequence of appropriations made by law." It was moved to strike out the words, “and shalt be subject to alterations and amendments by the Senate;" and insert the words used in the Constitution of Massachusetts on the same subject, viz: "but the Senate may propose or concur with amendments, as in other bills;" which was agreed to, nem. con. On the question on the first part of the clause, "all bills for raising revenue shall originate in the House of Representatives,"*_ New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, aye-9; Delaware, Maryland, no-2. Mr. GOUVERNEUR MORRIS moved to add to the third clause of the Report made on the fourth of September, the words, "and every member shall be on oath;" which being agreed to, and a question taken on the clause, so amended, viz: "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; and every member shall be on oath," - New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, aye-9; Pennsylvania, Virginia, no-2. Mr. GERRY repeated his motion above made, on this day, in the form following: "The Legislature shall have the sole right of establishing offices not heretofore provided for;" which was again negatived,— to. * This was a conciliatory vote, the effect of the compromise formerly alluded See note, page 1501. Massachusetts, Connecticut and Georgia, only, being aye. Mr. MCHENRY observed, that the President had not yet been any where authorized to convene the Senate, and moved to amend Article 10, Section 2, by striking out the words, "He may convene them [the Legislature] on extraordinary occasions;" and inserting, "He may convene both, or either of the Houses, on extraordinary occasions." This he added would also provide for the case of the Senate being in session, at the time of convening the Legislature. Mr. WILSON said, he should vote against the motion, because it implied that the Senate might be in sesssion when the Legislature was not, which he thought improper. On the question,-New Hampshire, Connecticut, New Jersey, Delaware, Maryland, North Carolina, Georgia, aye—7; Massachusetts, Pennsylvania, Virginia, South Carolina, no-4. A committee was then appointed by ballot, to revise the style of, and arrange, the articles which had been agreed to by the House. The Committee consisted of Mr. JOHNSON, Mr. HAMILTON, Mr. GouvERNEUR MORRIS, Mr. MADISON, and Mr. KING. Mr. WILLIAMSON moved, that, previous to this work of the Committee, the clause relating to the number of the House of Representatives should be reconsidered, for the purpose of increasing the number. Mr. MADISON seconded the motion. Mr. SHERMAN opposed it. He thought the provision on that subject amply sufficient. Col. HAMILTON expressed himself with great earnestness and anxiety in favor of the motion. He avowed himself a friend to a vigorous government, but would declare, at the same time, he held it essential that the popular branch of it should be on a broad foundation. He was seriously of opinion, that the House of Representatives was on so narrow a scale, as to be really dangerous, and to warrant a jealousy in the people, for their liberties. He remarked, that the connection between the President and Senate would tend to perpetuate him, by corrupt influence. It was the more necessary on this account that a numerous representation in the other branch of the Legislature should be established. On the motion of Mr. WILLIAMSON to reconsider, it was negatived,*— Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye-5; New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, no-6. Adjourned. MONDAY SEPTEMBER 10TH. In Convention,-Mr. GERRY moved to reconsider Article 19, viz: "On the application of the Legislatures of two-thirds of the States in the Union, for an amendment of this Constitution, the Legislature of the United States shall call a Convention for that purpose," (see the sixth of August,- page 1241.) This Constitution, he said, is to be paramount to This motion and vote are entered on the printed Journal of the ensuing morning. |