Day-by-Day Summary of the Convention

2. Randolph submitted and defended a set of Fifteen Resolutions, known as The Virginia Plan.

The Constitutional Convention, June 1787

2. Heard Madison’s 8 Arguments against New Jersey Plan.

2. L. Martin continued his speech from the previous day, “contending that the General Government ought to be formed for the States, not individuals.”

3. Madison and Wilson oppose Martin’s argument.

2. Discussed Revised Virginia Plan:
Revised Resolution 8: Madison claims the great divide in American politics is “having or not having slaves” rather than large and small states.

The Constitutional Convention, July 1787

2. Discussed Revised Virginia Plan
Revised Resolution 17, 18: Agreed unanimously on requiring oaths by both national and state officials to support the Articles of Union.
Revised Resolution 19: Began discussion of ratification. Discussed Resolution 19 of June 13: “The amendments which shall be offered to the Confederation by the Convention ought at a proper time or times, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the People to consider and decide thereon.”
— Defeated (7 – 3) motion by Ellsworth and Paterson to amend it to have new Constitution referred to State Legislatures for ratification.
— Agreed (9 – 1) to referral to conventions of the people.
Revised Resolution 9: Agreed (7 – 3) to reconsider election of Executive.

2. James Wilson reminds participants “We are providing a constitution for future generations, and not merely for the peculiar circumstances of the moment.”

The Constitutional Convention, August 1787

2. G. Morris proposes the foundations for a presidential cabinet: Council of State, Domestic Affairs, Commerce and Finance, Foreign Affairs, War, and Marine. These are referred to the Committee of Detail.

2. Discussed Committee of Detail Report:
Article VII, Section 3: Continued from previous day,
— Agreed to it (10 – 1).
Article VI, Section 12 (origination of Bills): Defeated (8 – 2 – 1) motion to apportion direct taxes to the number of representatives pending the first census.
Article VII, Section 4 (no export taxes by States): “The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every age, sex and condition … and three-fifths of all other persons.”
— Defeated (7 – 3) move to allow export taxes for revenue only.
— Defeated (6 – 5) motion to permit export taxes with 2/3 majority vote.
— Approved Section 4 (7 – 4).
Article VII, Section 4 (no interference with the slave trade): L. Martin, supported by George Mason, suggests that the slave trade be prohibited or at least taxed. He argued that the importation of slaves “was inconsistent with the principles of the revolution.” Rutledge rejoined, “Interest alone is the sovereign principle with Nations.” Ellsworth: “The morality or wisdom of slavery are considerations belonging to the states themselves.”

2. The report of the Committee of 5 was postponed (6 – 5).

2. Discussed Committee of Detail Report:
Article VII, Section 1: Agreed to reconsider debt provisions and interstate commerce clause.
Article IX, Sections 2 and 3 (controversies among states, controversies arising from conflicting land grants): Agreed (8 – 2) to strike both sections.
Article X, Section 1 (Executive): Agreed on one Executive.
— Defeated four different methods of electing the President, including by the people (9 – 2) and by electors (6 – 5).
Article X, Section 2 (Executive powers and duties): Discussed

2. Discussed Committee of Detail Report:
Article XI, Section 3 (appellate jurisdiction): Approved (9 – 1).
Article XI, Section 4 (local trial by jury and writ of habeas corpus): Amended to provide for crimes committed outside any state.
— Agreed (7 – 3) to add that “the privilege of the writ of Habeas Corpus shall not be suspended, unless where, in cases of Rebellion or invasion, the public safety may require it.”
— Agreed to Section 4.
Article XI, Section 5 (limit punishment under impeachment): Discussed
Article XII (limits on State powers): Agreed (8 – 1 – 1) to add prohibition on emitting bills of credit, or making anything but gold or silver legal tender.
— Agreed (7 – 3) that no State could pass bills of attainder or ex post facto laws. Defeated (8 – 3) prohibiting laying of embargoes.
— Agreed to Article XII as amended.
Article XIII (additional prohibition on States): Agreed (6 – 5) to prohibit States from taxing exports as well as imports without consent of Congress.
— Agreed (9 – 2) that net receipts of State taxation of imports and exports go into Federal Treasury.
— Agreed to Article XIII.
Article XIV (mutual privileges and immunities): Approved it (9 – 1 – 1).
Article XV (extradition): “Any person charged with treason, felony, or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.” “High misdemeanors” replaced by “other crimes.”
— Butler and Pinckney suggest that the extradition clause be extended to include run away slaves. They argue that “fugitive slaves (should) be delivered up like criminals.”
— Agreed to Article XV, nem. con.

2. Took up recommendation by the Livingston Committee on Slave Trade to strike out Article VII, Section 6 (2/3 vote needed to approve Congressional regulation of international and interstate commerce)
— Committee report approved (7 – 4).

2. Took up Committee of 11 Report of Article VII, Section 4 (Export taxes and duties):
— Agreed to provision not to give preference to one state over another.
— Agreed (8 – 2) to proposal to prohibit requiring ships bound for one state to enter, clear, or pay duties in another.
— Agreed on uniformity clause.

3. Conclusion of discussion on Committee of Detail Report.

The Constitutional Convention, September 1787

2. Received the report of the August 29th Committee, the Rutledge Committee.
— Recommended alteration in Article XVI, concerning bankruptcies.
— Appearance of “Full Faith and Credit clause.”

2. Took up Article XVI, uniform bankruptcy laws and agreed (9 – 1).

3. Defeated (6 – 4) motion to adjourn.

2. Considered proposals #10, 11, 13, & 14, to amend Article VII, Section 1:
Proposal #10: Added “and grant letters of marquee and reprisal” to the war powers clause, nem con.
Proposal #11: Limited military appropriations to two years, nem con.
Proposal #13: Granted exclusive jurisdiction over Federal land to Congress, nem con.
Proposal #14 Provided limited patents to promote science and arts, nem con.
-Agreed (9 – 2) to postpone proposal

3. Considered proposal #12 concerning Article IV: A reconsideration of the Connecticut Compromise, namely, to now permit the Senate to amend money bills that originate in the House.

4. Gerry gave notice that he wanted to reconsider Articles XIX (amending), XX (oath), XXI (ratification), and XXII (blessing of Confederation Congress).

5. Discussed Brearly Committee Report:
Extensive discussion of proposal #4 to amend Article X, Section 1 (Election of Executive). Defeated several motions concerning the election of the Executive:
— Defeated (7 – 3 – 1) motion to overcome non-majoritarian outcomes in the Electoral College in the whole Congress instead of just the Senate. Randolph: “We have in some revolutions of this plan made a bold stroke for monarchy. We are now doing the same for an aristocracy.” Mason agreed.
— Defeated (9 – 2) motion to limit choice in the Senate to the top 3 candidates instead of the top 5 candidates.
— Wilson: “This subject…is in truth the most difficult of all of which we have had to decide.”

2. Discussed Brearly Committee Report: Took up Proposal #5 regarding qualifications of the President.
— Agreed (nem. con.) that the President should be a natural-born citizen, resident for 14 years and be 35 years of age.

3. Discussed Brearly Committee Report: Took up Proposal #6, Vice-President as President of Senate.
— Agreed (8 – 2) that the Vice-President would serve as President of the Senate (North Carolina not voting).

2. Discussed Brearly Committee Report: Agreed (8 – 3) to Proposal #8 (President can request opinions of government officials in writing).

3. Discussed Brearly Committee Report: Took up Proposal #9 regarding impeachment of the President.
— Mason wanted to add “maladministration” to “treason and bribery.” Agreed (8 – 3) to replace “maladministration” with “other high crimes and misdemeanors against the State.”
— Defeated (9 – 2) motion to strike Senate as body to judge on impeachment.
— Agreed (11 – 0) to addition of Vice-President and other Civil Officers as subject to impeachment.

4. Discussed Brearly Committee Report: Returned to Proposal #12 considering Money Bills.
— Agreed (9 – 2) to Proposal #12: Origination of money bills in the House, subject to Senate amendment (This vote removes that feature of the Connecticut Compromise deemed vital by Mason, Gerry, and Randolph).

5. Balloted for a Committee of Style (Johnson, Hamilton, G. Morris, Madison, and King) “to revise the style of, and arrange, the articles which had been agreed to.”

2. Agreed (7 – 3 – 1) to reconsider Article XXII of the Committee of Detail Report.

3. Approved (11 – 0) Article XXI: This Constitution becomes effective on the approbation of 9 state ratifying conventions and “binding and conclusive” on those states “assenting thereto.”

4. Took up Article XXII: Randolph and Gerry explain their reservations about signing the Constitution if “approbation by Congress” is not required. ” Mr. Randolph took this opportunity to state his objection to the system.”
— Rejected nem. con. a motion to require the approval of the Constitution by the Confederation Congress.

2. Took up Article I, Section 7: Agreed (6 – 4 – 1) to amend section to include 2/3 instead of 3/4 for Congress to override an Executive veto.

2. Took up Article I, Section 8 (Powers of Congress): Agreed (8 – 3) to strike election of Treasurer by Legislature.
— Agreed (11 – 0) to add uniformity requirement to taxing power.
— Madison, Randolph, Wilson, G. Morris, and Mason debate meaning of “necessary and proper clause.”
— Defeated (6 – 4 – 1) motion to give Congress power to establish a university.
— Pinckney, Gerry, and Sherman debate whether Congress has the power to interfere with freedom of the press. Defeated (6 – 5) motion to insert “The Liberty of the Press shall be inviolably preserved.”

3. Took up Article I, Section 9 (Restraints on Congressional powers): Defeated Mason’s motion “that an account of the public expenditures should be annually published.”
— Adopted Madison’s suggestion nem. con. to change “annual” publications to “from time to time.”
— Agreed to the Section with minimal debate.

2. Defeated (6 – 5) an attempt to add another member for Rhode Island in the House. King threatened to withhold his signature to the Constitution if this proposition passed.

3. Passed (10 – 1) an attempt to add another member for North Carolina in the House.

4. Took up Article I, Section 10 (Restraints on the powers of the States): McHenry, Carroll, Langdon, Mason, G. Morris, Madison, and Sherman debate the meaning of the Interstate Commerce clause. Does the regulatory power of Congress restrain state commerce authority?
-Agreed (6 – 4 – 1) that “no state shall lay any duty on tonnage with out the consent of Congress.”

5. Took up Article II, Section 1 (General structure of Executive Office): Agreed (7 – 4) that the President shall not receive “any other emolument from the United States or any of them” during his term of office.

6. Took up Article II, Section 2 (Powers of the President): Defeated (8 – 2 – 1) motion to extend the power “to grant reprieves and pardons for offenses against the United States, except in cases of impeachment” to include “cases of treason.”
— Agreed (after debate, nem. con.) to G. Morris’s “Inferior Officers” clause (Allows Congress to bypass the “advice and consent of the Senate” and vest/delegate the appointment of “inferior officers” to the President alone, the Courts of Law alone or the Heads of Departments alone). This motion was initially defeated (5 – 5 – 1).

7. Took up Article III, Section 2 (Trial by jury): Defeated (nem. con.) an attempt to extend the “trial by jury” clause covering criminal cases to include civil cases.

8. Took up Article IV, Section 2 (Fugitive Slave clause): Struck out “no person legally held to service or labor in one state escaping into another” and replaced it with “no person held to service or labor in one state, under the laws thereof, escaping into another” (emphasis added). Addition of “under the laws thereof” removes the idea “that slavery was legal in a moral view.”

9. Agreed to Article IV, Section 3 (Admittance of new states).

10. Agreed to Article IV, Section 4 (Republican guarantee).

11. Took up Article V (Amending the Constitution). Agreed (nem. con.) that Congress shall call a convention on the application for amendments by 2/3 of the State Legislatures.
— Agreed (8 – 3) that a state cannot be deprived of its equal suffrage in the Senate without its own consent.

2. Changed the base of representation in the House of Representatives from 1:40,000 to 1:30,000 with the support of Washington.

3. Voted (10 – 1) to deposit the Journals (Secretary Jackson’s notes) with the President, subject to the orders of Congress.

4. Heard Franklin’s “Rising Sun” speech.

5. Signed the Constitution and adjourned
— Mason, Randolph and Gerry refused to sign;
— Read signed Dickinson’s name in his absence.