Hon Robert Yates - Notes of the Secret Debates of the Federal Convention of 1787 (Week 1) lyrics

WEDNESDAY, MAY 30TH, 1787. Convention met pursuant to adjournment. The convention, pursuant to order, resolved itself into a committee of the whole-Mr. Gorham (a member from Ma**achusetts) appointed chairman. Mr. Randolph then moved his first resolve, to wit: "Resolved, that the articles of the 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." Mr. G. Morris observed, that it was an unnecessary resolution, as the subsequent resolutions would not agree with it. It was then withdrawn by the proposer, and in lieu thereof the following were proposed, to wit: 1. Resolved, That a union of the States merely federal, will not accomplish the objects proposed by the articles of the confederation, namely, common defence, security of liberty, and general welfare. 2. Resolved, That no treaty or treaties among any of the States as sovereign, will accomplish or secure their common defence, liberty, or welfare. 3. Resolved, That a national government ought to be established, consisting of a supreme judicial, legislative, and executive. In considering the question on the first resolve, various modifications were proposed, when Mr. Pinkney observed, at last, that if the convention agreed to it, it appeared to him that their business was at an end; for as the powers of the house in general were to revise the present confederation, and to alter or amend it as the case might require; to determine its insufficiency or incapability of amendment or improvement, must end in the dissolution of the powers. This remark had its weight, and in consequence of it, the 1st and 2d resolve was dropt, and the question agitated on the third. This last resolve had also its difficulties; the term supreme required explanation. It was asked whether it was intended to annihilate State governments? It was answered, only so far as the powers intended to be granted to the new government should clash with the States, when the latter was to yield. For the resolution-Ma**achusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina. Against it-Connecticut, New York divided, Jersey, and the other States unrepresented. The next question was on the following resolve: In substance that the mode of the present representation was unjust-the suffrage ought to be in proportion to number or property. To this Delaware objected, in consequence of the restrictions in their credentials, and moved to have the consideration thereof postponed, to which the house agreed. Adjourned to to-morrow. THURSDAY, MAY 31ST, 1787. Met pursuant to adjournment. This day the State of Jersey was represented, so that there were now ten States in convention. The house went again into committee of the whole, Mr. Gorham in the chair. The 3d resolve, to wit, "That the national legislature ought to consist of two branches," was taken into consideration, and without any debate agreed to. [N. B. As a previous resolution had already been agreed to, to have a supreme legislature, I could not see any objection to its being in two branches.] The 4th resolve, "That the members of the first branch of the national legislature ought to be elected by the people of the several States," was opposed; and strange to tell, by Ma**achusetts and Connecticut, who supposed they ought to be chosen by the legislatures; and Virginia supported the resolve, alleging that this ought to be the democratic branch of government, and as such, immediately vested in the people. This question was carried, but the remaining part of the resolve detailing the powers, was postponed. The 5th resolve, 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, and the detail of the mode of election and duration of office, was postponed. The 6th resolve is taken in detail: "That each branch ought to possess the right of originating acts." Agreed to. "That the national legislature ought to be empowered to enjoy the legislative rights vested in congress by the confederation." -Agreed to. "And, moreover, to legislate in all cases to which the separate States are incompetent." -Agreed to. FRIDAY, JUNE 1ST, 1787. Met pursuant to adjournment. The 7th resolve, that a national executive be instituted. Agreed to. To continue in office for seven years. Agreed to. A general authority to execute the laws. Agreed to. To appoint all officers not otherwise provided for. Agreed to. Adjourned to the next day. SATURDAY, JUNE 2ND, 1787. Met pursuant to adjournment. Present 11 States. Mr. Pinkney called for the order of the day. The convention went into committee of the whole. Mr. Wilson moved that the States should be divided into districts, consisting of one or more States, and each district to elect a number of senators to form the second branch of the national legislature-The senators to be elected, and a certain proportion to be annually dismissed-avowedly on the plan of the New York senate. Question put-rejected. In the 7th resolve, the words to be chosen by the national legislature, were agreed to. President Franklin moved, that the consideration of that part of the 7th resolve, which had in object the making provision for a compensation for the service of the executive, be postponed for the purpose of considering a motion, that the executive should receive no salary, stipend, or emolument for the devotion of his time to the public services, but that his expenses should be paid. Postponed. Mr. Dickinson moved that in the seventh resolution, the words, and removable on impeachment and conviction for mal conduct or neglect in the execution of his office, should be inserted after the words ineligible a second time. Agreed to. The remainder postponed. Mr. Butler moved to fill the number of which the executive should consist. Mr. RANDOLPH. -The sentiments of the people ought to be consulted-they will not hear of the semblance of monarchy-He preferred three divisions of the States, and an executive to be taken from each. If a single executive, those remote from him would be neglected-local views would be attributed to him, frequently well founded, often without reason. This would excite disaffection. He was therefore for an executive of three. Mr. BUTLER. -Delays, divisions, and dissensions arise from an executive consisting of many. Instanced Holland's distracted state, occasioned by her many counsellor's. Further consideration postponed. Mr. C. Pinkney gave notice for the re-consideration of the mode of election of the first branch. Adjourned till Monday next. MONDAY, JUNE 4TH, 1787. Met pursuant to adjournment. Mr. Pinkney moved that the blank in the 7th resolve consisting of ----- be filled up with an individual. Mr. Wilson, in support of the motion, a**erted, that it would not be obnoxious to the minds of the people, as they in their State governments were accustomed and reconciled to a single executive. Three executives might divide, so that two could not agree in one proposition-the consequence would be anarchy and confusion. Mr. Sherman thought there ought to be one executive, but that he ought to have a council. Even the king of Great Britain has his privy council. Mr. Gerry was for one executive-if otherwise, it would be absurd to have it consist of three. Numbers equally in rank would oddly apply to a general or admiral. Question put-7 States for, and 3 against. New York against it. The 8th resolve, That the executive and a number of the judicial officers ought to compose a council of revision. Mr. Gerry objects to the clause-moves its postponement in order to let in a motion-that the right of revision should be in the executive only. Mr. Wilson contends that the executive and judicial ought to have a joint and full negative-they cannot otherwise preserve their importance against the legislature. Mr. King was against the interference of the judicial-they may be biased in the interpretation-He is therefore to give the executive a complete negative. Carried to be postponed, 6 States against 4-New York for it. The next question, that the executive have a complete negative; and it was therefore moved to expunge the remaining part of the clause. Dr. Franklin against the motion-The power dangerous, and would be abused so as to get money for pa**ing bills. Mr. Madison against it-because of the difficulty of an executive venturing on the exercise of this negative, and is therefore of opinion that the revisional authority is better. Mr. Bedford is against the whole, either negative or revisional-the two branches are sufficient checks on each other-no danger of subverting the executive, because his powers may by the convention be so well defined that the legislature cannot overleap the bounds. Mr. Mason against the negative power in the executive, because it will not accord with the genius of the people. On this the question was put and carried, nem. con. against expunging part of the clause so as to establish a complete negative. Mr. Butler then moved that all acts pa**ed by the legislature be suspended for the space of ----- days by the executive. Unanimously in the negative. It was resolved and agreed, that the blank be filled up with the words two thirds of the legislature. Agreed to. The question was then put on the whole of the resolve as amended and filled up. Carried, 8 states for-2 against. New York for it. Mr. Wilson then moved for the addition of a convenient number of the national judicial to the executive as a council of revision. Ordered to be taken into consideration to-morrow. Adjourned until to-morrow. TUESDAY, JUNE 5TH, 1787. Met pursuant to adjournment. The 9th resolve, That a national judicial be established, to consist of one supreme tribunal, and of inferior tribunals, to hold their offices during good behavior, and no augmentation or diminution in the stipends during the time of holding their offices. Agreed to. Mr. Wilson moved that the judicial be appointed by the executive, instead of the national legislature. Mr. Madison opposed the motion, and inclined to think that the executive ought by no means to make the appointments, but rather that branch of the legislature called the senatorial; and moves that the words, of the appointment of the legislature, be expunged. Carried by 8 states-against it 2. The remaining part of the resolve postponed. The 10th resolve read and agreed to The 11th resolve agreed to be postponed. The 12th resolve agreed to without debate. The 13th and 14th resolves postponed. The 15th or last resolve, That the amendment which shall be offered to the confederation, ought at a proper time or times, after the approbation of Congress, to be submitted to an a**embly or a**emblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon, was taken into consideration. Mr. Madison endeavored to enforce the necessity of this resolve-because the new national constitution ought to have the highest source of authority, at least paramount to the powers of the respective constitutions of the States- points out the mischiefs that have arisen in the old confederation, which depends upon no higher authority than the confirmation of an ordinary act of a legislature-instances the law operation of treaties, when contravened by any antecedent acts of a particular State. Mr. King supposes, that as the people have tacitly agreed to a federal government, that therefore the legislature in every State have a right to confirm any alterations or amendments in it-a convention in each State to approve of a new government he supposes however the most eligible. Mr. Wilson is of opinion that the people by a conventions are the only power that can ratify the proposed system of the new government. It is possible that not all the States, nay, that not even a majority, will immediately come into the measure; but such as do ratify it will be immediately bound by it, and others as they may from time to time accede to it. Question put for postponement of this resolve. 7 States for postponement-3 against it. Question on the 9th resolve to strike out the words, and of inferior tribunals. Carried by 5 States against 4-2 States divided, of which last number New York was one. Mr. Wilson then moved, that the national legislature shall have the authority to appoint inferior tribunals, be added to the resolve. Carried by 7 States against 3. New York divided. [N. B Mr. Lansing from New York was prevented by sickness from attending this day.] Adjourned to to-morrow morning.