Col. MASON seconded the motion, declaring that he would sooner chop off his right hand than put it to the Constitution as it now stands He wished to see some points, not yet decided, brought to a decision, before being compelled to give a final opinion on this article. Should these points be improperly settled, his wish would then be to bring the whole subject before another General Convention.

Mr. GOUVERNEUR MORRIS was ready for a postponement. He had long wished for another Convention, that will have the firmness to provide a vigorous government, which we are afraid to do.

Mr. RANDOLPH stated his idea to be, in case the final form of the Constitution should not permit him to accede to it, that the state conventions should be at liberty to propose amendments, to be submitted to another General Convention, which may reject or incorporate them, as may be judged proper.

On the question for postponing,

New Jersey, Maryland, North Carolina, ay, 3; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, no, 8.

On the question on article 22, ten states, ay; Maryland, no.

Article 23 being taken up, as far as the words "assigned by Congress," inclusive, was agreed to, nem. con., the blank having been first filled with the word "nine," as of course.

On a motion for postponing the residue of the clause, concerning the choice of the President, &c., —

Massachusetts, Delaware, Virginia, North Carolina, ay, 4; New Hampshire, Connecticut, New Jersey, Pennsylvania, Maryland, South Carolina, Georgia, no, 7.

Mr. GOUVERNEUR MORRIS then moved to strike out the words "choose the President of the United States, and," this point, of choosing the President, not being yet finally determined; and, on this question,

Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, (in the printed Journal, South Carolina, no,) Georgia, ay, 9; New Hampshire, no, 1; Maryland, divided.

Article 23, as amended, was then agreed to, nem. con.

The report of the grand committee of eleven, made by Mr. Sherman, was then taken up. (See the 28th of August.)

On the question to agree to the following clause, to be inserted after article 7, sect. 4,

"nor shall any regulation of commerce or revenue give preference to the ports of one state over those of another,"

"or oblige vessels bound to or from any state to enter, clear, or pay duties, in another,"

Mr. MADISON thought the restriction would be inconvenient, as in the River Delaware, if a vessel cannot be required to make entry below the jurisdiction of Pennsylvania.

Mr. FITZSIMONS admitted that it might be inconvenient, but

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 pur pose 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 neg. ative.

"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 government 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.

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.