On the question for reconsidering the two articles, 21 and 22,

Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, aye-7; Massachusetts, Pennsylvania, South Carolina, no-3; New Hampshire, divided.

Mr. HAMILTON then moved to postpone Article 21, in order to take up the following, containing the ideas he had above expressed, viz:

"Resolved, that the foregoing plan of a Constitution be transmitted to the United States in Congress assembled, in order that if the same shall be agreed to by them, it may be communicated to the Legislatures of the several States, to the end that they may provide for its final ratification, by referring the same to the consideration of a Convention of Deputies in each State, to be chosen by the people thereof; and that it be recommended to the said Legislatures, in their respective acts for organizing such Convention, to declare, that if the said Convention shall approve of the said Constitution, such approbation shall be binding and conclusive upon the State; and further, that if the said Convention shall be of opinion that the same, upon the assent of any nine States thereto, ought to take effect between the States so assenting, such opinion shall thereupon be also binding upon such a State, and the said Constitution shall take effect between the States assenting thereto."

Mr. GERRY seconded the motion.

Mr. WILSON. This motion being seconded, it is necessary now to speak freely. He expressed in strong terms his disapprobation of the expedient

proposed, particularly the suspending the plan of the Convention, on the approbation of Congress. He declared it to be worse than folly, to rely on the concurrence of the Rhode Island members of Congress in the plan. Maryland had voted, on this floor, for requiring the unanimous assent of the thirteen States to the proposed change in the Federal system. New York has not been represented for a long time past in the Convention. Many individual deputies from other States, have spoken much against the plan. Under these circumstances, can it be safe to make the assent of Congress necessary? After spending four or five months in the laborious and arduous task of forming a Government for our country, we are ourselves, at the close, throwing insuperable obstacles in the way of its success.

Mr. CLYMER thought that the mode proposed by Mr. HAMILTON Would fetter and embarrass Congress as much as the original one, since it equally involved a breach of the Articles of Confederation.

If Con

Mr. KING Concurred with Mr. CLYMER. gress can accede to one mode, they can to the other. If the approbation of Congress be made necessary, and they should not approve, the State Legislatures will not propose the plan to Conventions; or if the States themselves are to provide that nine States shall suffice to establish the system, that provision will be omitted, every thing will go into confusion, and all our labor be lost.

Mr. RUTLEDGE viewed the matter in the same light with Mr. KING.

On the question to postpone, in order to take up Colonel HAMILTON's motion,

Connecticut, aye-1; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, no-10.

A question being then taken on the Article 21, was agreed to unanimously.

it

Colonel HAMILTON withdrew the remainder of the motion to postpone Article 22; observing that his purpose was defeated by the vote just given.

Mr. WILLIAMSON and Mr. GERRY moved to reinstate the words, "for the approbation of Congress," in Article 22; which was disagreed to, nem. con.3

360

Mr. RANDOLPH took this opportunity to state his objections to the system. They turned on the Senate's being made the court of impeachment for trying the Executive on the necessity of three-fourths instead of two-thirds of each House to overrule the negative of the President-on the smallness of the number of the Representative branch-on the want of limitation to a standing army-on the general clause concerning necessary and proper laws-on the want of some particular restraint on navigation acts on the power to lay duties on exports-on the authority of the General Legislature to interpose on the application of the Executives of the States-on the want of a more definite boundary between the General and State Legislatures-and between the General and State Judiciaries-on the unqualified power of the President to pardon treasons-on the want of some limit to the power of the Legislature in regulating their own compensations. With these difficulties in his mind, what course, he asked, was he to pursue? Was he to promote the establish

ment of a plan, which he verily believed would end in tyranny? He was unwilling, he said, to impede the wishes and judgment of the Convention, but he must keep himself free, in case he should be honored with a seat in the Convention of his State, to act according to the dictates of his judgment. The only mode in which his embarrassment could be removed was that of submitting the plan to Congress, to go from them to the State Legislatures, and from these to State Conventions, having power to adopt, reject, or amend; the process to close with another General Convention, with full power to adopt or reject the alterations proposed by the State Conventions, and to establish finally the Government. He accordingly proposed a resolution to this effect.361

Doctor FRANKLIN seconded the motion.

Colonel MASON urged, and obtained that the motion should lie on the table for a day or two, to see what steps might be taken with regard to the parts of the system objected to by Mr. RANDOLPH.

Mr. PINCKNEY moved, "that it be an instruction to the Committee for revising the style and arrangement of the articles agreed on, to prepare an address to the people, to accompany the present Constitution, and to be laid, with the same, before the United States in Congress."

*The motion itself was referred to the Committee, nem. con.

* Mr. RANDOLPH moved to refer to the Committee, also, a motion relating to pardons in cases of treason; which was agreed to, nem. con.

Adjourned.

* These motions are not entered in the printed Journal.

TUESDAY, SEPTEMBER 11TH.

In Convention, The Report of the Committee of style and arrangement not being made, and being waited for,

The House adjourned.

WEDNESDAY, SEPTEMBER 12TH.

In Convention,-Doct. JOHNSON, from the Committee of style, &c., reported a digest of the plan, of which printed copies were ordered to be furnished to the members. He also reported a letter to accompany the plan to Congress.

REPORT.*

We the people of the United States, in order to form a more perfect union, to establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain an establish this Constitution for the United States of America:

ARTICLE I.

Sect. 1. All Legislative powers herein granted shall be vested in a Congress of the United States,

This is a literal copy of the printed Report. The copy in the printed Journals contains some of the alterations subsequently made in the House.