The Journal of the

Debates in the Convention

Which Framed

The Constitution of the

United States

May-September, 1787

As Recorded by

James Madison

Edited by

Gaillard Hunt

In Two Volumes

Volume II.

G. P. Putnam's Sons

New York and London

The Knickerbocker Press

1908

The Knickerbocker Press, New York

CONTENTS OF VOLUME II.

PAGE

Chronology vii

Journal of the Constitutional Convention 1

Index 417

FAC-SIMILE.

FACING
PAGE

First Page of the Constitution, reduced 414

CHRONOLOGY OF JAMES MADISON.

1787.

1787

July 19. Advocates election of the Executive by the people.

July 20. Speaks in favor of making the Executive impeachable.

July 21. Seconds proposition to include the Judiciary with the Executive in power to revise laws.

Moves that judges be appointed by the Executive with concurrence of two-thirds of Senate.

July 25. Shows the difficulty of devising satisfactory mode of selecting Executive.

August 7. Advocates liberal suffrage.

August 8. Moves that basis of representation in House of Representatives be one to not more than 40,000 inhabitants.

Opposes proposition that money bills originate only in House of Representatives.

August 9. Opposes incorporation in constitution of provision against persons of foreign birth holding office.

August 10. Moves that legislature have power to compel attendance of members.

August 11. Moves that Congress publish its journals, except such parts of Senate proceedings as may be ordered kept secret.

Advocates a centrally located capital.

August 13. Seconds motion in favor of liberal treatment of foreigners.

Speaks in favor of participation of Senate in making appropriations.

August 15. Moves that all bills be passed upon by the Executive and Judiciary before becoming laws.

August 16. Advocates national power to tax exports.

August 17. Moves that legislature have power to declare war.

August 18. Submits propositions for national power over public lands, to form governments for new States, over Indian affairs, over seat of government, to grant charters of incorporation, copyrights, to establish a university, grant patents, acquire forts, magazines, etc.

Speaks in favor of national control of militia.

August 22. Appointed on committee to consider navigation acts.

Moves that States have power to appoint militia officers under rank of general officers.

Moves to commit question of negative of State laws.

Moves to include the Executive in treaty-making power.

August 25. Declares it is wrong to admit the idea of property in men in constitution.

August 27. Suggests that in case of death of President his council may act.

Moves form of oath for President.

Moves that judges' salaries be fixed.

Expresses doubt whether Judiciary should have power over cases arising under constitution.

August 28. Moves that States be forbidden to lay embargoes, export and import duties.

August 29. Speaks in favor of navigation acts.

August 31. Moves that ratification of constitution be by a majority of States and people.

Advocates ratification by State conventions.

Appointed on committee to consider parts of constitution and propositions not yet acted upon.

Sept 3. Thinks eventual election of President by legislature should be made difficult.

Sept 7. Moves that Senate have power to make treaties of peace without President.

Sept 8. Moves that quorum of Senate be two-thirds of all the members.

Seconds motion to increase representation.

Sept 14. Suggests that legislature should have power to grant charters of incorporation.

Sept 17. Signs constitution.

JOURNAL OF THE CONSTITUTIONAL
CONVENTION OF 1787.

Thursday July 19. in Convention.

On reconsideration of the vote rendering the Executive re-eligible a 2^d time, M^r Martin moved to re-instate the words, "to be ineligible a 2^d time."

M^r Governeur Morris. It is necessary to take into one view all that relates to the establishment of the Executive; on the due formation of which must depend the efficacy & utility of the Union among the present and future States. It has been a maxim in Political Science that Republican Government is not adapted to a large extent of Country, because the energy of the Executive Magistracy can not reach the extreme parts of it. Our Country is an extensive one. We must either then renounce the blessings of the Union, or provide an Executive with sufficient vigor to pervade every part of it. This subject was of so much importance that he hoped to be indulged in an extensive view of it. One great object of the Executive is to controul the Legislature. The Legislature will continually seek to aggrandize & perpetuate themselves; and will seize those critical moments produced by war, invasion or convulsion for that purpose. It is necessary then that the Executive Magistrate should be the guardian of the people, even of the lower classes, ag^st Legislative tyranny, against the Great & the wealthy who in the course of things will necessarily compose the Legislative body. Wealth tends to corrupt the mind to nourish its love of power, and to stimulate it to oppression. History proves this to be the spirit of the opulent. The check provided in the 2^d branch was not meant as a check on Legislative usurpations of power, but on the abuse of lawful powers, on the propensity in the 1^st branch to legislate too much to run into projects of paper money & similar expedients. It is no check on Legislative tyranny. On