«Журнал дебатов в Конвенте, выработавшем Конституцию Соединенных Штатов, май-сентябрь 1787 г. Том 2»

favors compromise on representation, 232;

opposes readjustment of land cession, 233;

favors four years' term for Senators, 236;

moves six years' term and rotation for Senators, 237;

thinks small states equally interested with large states in union, 262;

favors representation by population, 305;

on committee to arrange representation, 307;

defends report on representation, 319;

thinks standard of representation should be fixed, 334;

favors population as basis of representation, 339;

opposes defining legislature's powers, 366;

favors appointment of judges by Senate, 384;

favors appointment of judges by the people, 385;

favors appointment of judges by executive, 386;

moves appointment of judges by executive with consent of Senate, 387;

favors institution of inferior judicial tribunals, 389;

favors power to suppress insurrections, 391;

opposes inclusion of judiciary in revisionary power, ii., 18, 24;

thinks oath of allegiance no bar to amendments to constitution, 30;

opposed to ratification of constitution by legislatures, 33;

favors two Senators from each state, 37;

on committee to report constitution, 48;

favors prohibition of national capital at state capital, 66;

thinks constitution should fix time of meeting of legislature, 93;

favors voting by non-freeholders, 106;

thinks the new government will not last, 112;

thinks Senate should not originate money bills, 115;

thinks mode of electing Representatives should not be left to state legislatures, 126;

thinks less than a majority may be a quorum of legislature, 132;

thinks yeas and nays need not be required, 136;

thinks provision concerning citizenship need not be retroactive, 146;

thinks Senate should be paid more than House, 170;

insists that money bills originate in House, 171;

urges necessity for action, 211;

opposes power to emit bills of credit, 181, 182;

moves appointment of treasurer by joint ballot of legislature, 183;

favors national support of army, 194;

thinks adjustment of debts may be left to national legislature, 210;

thinks union only of commercial advantage, 225;

suggests difficulties of ratifying treaties by legislature, 239;

thinks treaties should be negotiated in this country, 241;

doubts if judiciary can impartially decide controversies between states, 242;

favors election of executive by joint ballot of legislature, 242;

seconds motion to extend period of slave trade, 250;

thinks duty on slaves may discourage importation, 252;

thinks precaution against discrimination in ports of entry unnecessary, 253;

on committee of August 25, 254;

thinks prohibition of paper money dangerous, 262;

favors article providing for validity of state acts, 267;

on committee on interstate acts, 268;

thinks New England's motive for union dependent on commercial arrangements, 273;

favors convention for ratification, 287;

thinks vessels should not be obliged to enter and clear in their own states, 291;

thinks members of legislature may be eligible to other offices, 295;

thinks majority of Senate may elect President, 318;

thinks separate provision for treaties of peace unnecessary, 330;

thinks treaties need not require two-thirds of Senate, 334;

opposes conditional ratification, 343;

thinks jury question need not be included, 363;

objects to state export duties, 365;

thinks legislature should choose treasurer, 371;

thinks provision as to jury trials unnecessary, 384;

urges additional representation, 392.

Grand committee.

See Committee, grand.

Grayson, William, to Madison, i., 5, n.;

to Monroe, 32, n.

H

Habeas corpus, necessity for preserving right of, debated, ii., 261.

Hall, Levi, signs address from Rhode Island, i., 11, n.

Halsey, Thomas Lloyd, signs address from Rhode Island, i., 11, n.

Hamilton, Alexander, N. Y., attends convention, i., 1;

nominates William Jackson for secretary of the convention, 4;

Pierce's sketch of, 4, n.;

on committee on rules, 4;

moves representation by free inhabitants, 37;

favors absolute negative of executive on legislation, 70;

moves proportional voting in Senate, 121;

presents his plan of government, 152;

explains views on powers of the states, 185, 189;

opposes election of Representatives by state legislatures, 205;

favors three years' term for Representatives, 209;

opposes fixing compensation for Representatives, 211;

opposes ineligibility of Representatives to other offices, 215, 223;

favors centralized government, 241;

opposes prayers in convention, 260;

writes to Washington about public sentiment, 293, n.;

thinks citizenship and inhabitancy alone necessary for Representatives, iv., 144;

thinks President may be elected by a plurality of electors, 315;

appointed on committee on style and arrangement, 338;

favors increase in representation, 339;

favors easily made amendments, 340, 341;

thinks old Congress should sanction constitution, 342;

thinks constitution will be effective if ratified by nine states, 343;

moves a plan for ratification, 344;

withdraws it, 346;

favors two-thirds vote to override President's negative, 361;

urges members to sign constitution, 394.

Hamilton plan, presented, i., 152;

provisions of, 162;

text of, 164, n.

House of Representatives.

See Legislature, national, House of Representatives.

Houston, William, Ga., attends convention, i., 49;

moves increase in representation of Georgia, 325;

opposes continuance of existing state constitutions, 391;

favors additional representation of electors for New Hampshire and Georgia, ii., 10;

moves consideration of appointment of executive by electors, 39;

Pierce's sketch of, 39, n.;

moves election of executive by national legislature, 40.

Houstoun, William Churchill, N.J., attends convention, i., 1.

I

Impeachment, of executive.

See Executive, national, impeachability of;

Legislature, national, Senate.

Of judiciary.

See Judiciary, national, impeachment of.

Of national officers, provision for, struck out, i., 389;

to be suspended during trial, ii., 270.

Trials of, debated, i., 384, 385, ii., 259, 260, 297, 338.

Imports, power of states to tax, debated, ii., 264, 330;

duties on, uniformity of, agreed to, 291, 372.

Indians, power to legislate for, proposed, ii., 226.

Ingersoll, Jared, Pa., attends convention, i., 5;

considers signing to be recommending constitution, ii., 396;

Piezrce's sketch of, 396, n.

Insurrections, power to suppress.

See Republican government, guaranty of.

J

Jackson, William, nominated for secretary of convention, i., 3;

elected, 4.

Jay, John, writes Washington against foreigners, ii., 48, n.

Jefferson, Thomas, Monroe to, ii., 56, n.;

Madison to, 126, n., 320, n.

Jenckes, John, signs address from Rhode Island, i., 2, n.

Jenifer, Daniel, of St. Thomas, Md., attends convention, i., 55;

favors three years' term for Representatives, 124;

Pierce's sketch of, 124, n.;

favors ineligibility of Representatives to other offices, 223;

moves postponement of question of voting in Senate, 225;

favors requirement that vessels must enter and clear in their own states, 295.

Jersey plan, the, submitted, i., 138;

text of, 139;

vote on, 185.

Jews, letter of, i., 323, n.

Johnson, William Samuel, Conn., attends convention, i., 55;

suggests compromise between Virginia and Jersey plans, 200;

Pierce's sketch of, 200, n.;

favors elections to Senate by state legislatures, 234;

favors representation by states in Senate, 261;

favors inclusion of blacks in basis of representation, 342;

thinks treason should be defined, ii., 204;

thinks there can be no treason against a state, 205;

on committee on navigation acts, 225;

thinks prohibition of ex post facto laws unnecessary, 228;

thinks double control of treaties difficult, 239;

thinks judiciary will decide controversies between states, 241;

thinks obligations of old government binding on new, 249;

suggests judiciary have power over equity cases, 256;

moves extension of judicial power to cases arising under the constitution, 259;

thinks acts of one state valid in courts of another state, 267;

on committee on interstate acts, 268;

thinks states cannot be dismembered, 276;

moves admission of states hereafter formed, 278;

thinks legislature may declare effect of state acts in states, 293;

appointed on committee on style and arrangement, 338;

submits report, 347;

favors provision for sumptuary legislation, 366;

on committee on sumptuary legislation, 366;

offers further report of committee on style and arrangement, 368.

Jones, Joseph, writes to Madison, ii., 366, n.

Journal of legislature's proceedings.

See Legislature, national, journal of, House of Representatives, Senate.

Journals of convention, disposition of, ii., 396, 397.

Judiciary, national, supreme, agreed to, i., 75;

consideration of, postponed, 130;

debated, 384.

Appointment to, debated, i., 76, 130, 136, 384, ii., 25;

by legislature, vote on, i., 78;

by Senate, agreed to, 132;

by executive, vote on, 386, ii., 29;

by executive with consent of Senate, debate on, i., 385;

exclusion from, of those indebted to government, ii., 61, 235.

Compensation of, fixed, agreed to, i., 375;

power to increase, vote on, 387;

debated, ii., 258.

Impeachment of, trial by Senate proposed, ii., 227.

Impeachment, power of, struck out, i., 388;

debated, ii., 260.

Inferior tribunals, debate on instituting, i., 81, 83, 84, 387, 388, ii., 184;

power of legislature to refer cases to, struck out, 260.

Jurisdiction of, debated, i., 129, 130, 136, 388, ii., 227;

over controversies between states, debated, 241;

to cases in equity proposed, 256;

over controversies in which United States is a party, debated, 259;

to cases arising under the constitution, debated, 259;

appellate, debated, 259, 260;

to be directed by legislature, proposed, 260;

extension of, to land grants proposed, 261;

to land claims, 281, 282;

to impeachment trials proposed, 335, 336.

Negative of, inclusion with executive proposed, i., 69, 75, 91, 93;

over state laws, debated, 374;

debated, ii., 174, 256.

Revisionary power of, debated, i., 69, ii., 17, 175.

State, power of, over national laws, debate on, 372;

will be bound by national laws, 374.

Tenure of, i., 76, 385, ii., 256.

Jury trial, right of, provided for, ii., 261;

in civil cases debated, 363;

motion to preserve, 367.

K

King, Rufus, Mass., attends convention, i., 1;

objects to report of committee on rules, 5;

Pierce's sketch of, 5, n.;

opposes representation by quotas of contributions, 36, 115;

notes of proceedings of convention, 39, n.;

opposes election of Senators by state legislatures, 44;

opposes inclusion of judiciary in council of revision, 69;

favors ratification of constitution by conventions, 81;

moves question of proportional representation, 115;

thinks Senate should have power to originate money bills, 133;

opposes sovereignty of the states, 186, 285;

insists upon election of Representatives by the people, 206;

favors national compensation for Representatives, 211;

opposes ineligibility of Representatives to other offices, 214, 219;

thinks New Hampshire deputies will attend, 272;

favors proportional representation in Senate, 281, 357;

thinks representation cannot be permanently fixed, 360;

on committee on question of representation, 307;

thinks slaves should count in representation, 322;

brings in report of committee on representation, 323;

thinks representation of the south too large, 323;

defends report on representation, 323;

opposes inclusion of three-fifths of blacks in representation, 338;

opposes representation by population, 345;

opposes ineligibility of executive to re-election, ii., 5, 42;

opposes short term for executive, 9;

opposes impeachability of executive, 13, 15;

favors ratification of constitution by legislatures, 35;

moves voting in Senate per capita, 37;

favors election of executive by state legislatures, 42;

proposes term of twenty years for executive, 43;

opposes election of executive by electors chosen by lot from legislature, 47;

opposes freehold qualification for electors, 61;

thinks legislature need not meet annually, 93;

thinks representation should exclude slaves, 110;

opposes leaving time and mode of election of Representatives to state legislatures, 128;

thinks less than a majority should be a quorum of legislature, 133;

thinks lowest number for a quorum may be fixed, 134, 135;

thinks legislature should not have power to change place of meeting, 139;

thinks state debts should be assumed by nation, 192, 193;

thinks state lands ought to be given up, 193;

appointed on grand committee, 193;

thinks states may punish treason under a different name, 205;

thinks national government should punish for treason, 206;

thinks treason against a state same as against nation, 207;

thinks slaves should be taxed, 223;

on committee on navigation acts, 225;

explains provisions as to militia, 230;

admits duty on slaves part of compromise agreement, 251;

moves to prohibit states from violating private contracts, 263;

moves to prohibit states from taxing exports, 266;

thinks states should regulate their own manufactures, 265;

thinks all the states must ratify constitution, 285;

moves that only states ratifying be operated on by constitution, 285;

thinks constitution must be ratified by conventions, 286;

thinks state constitution no bar to ratification, 287;

on committee of August 31, 292;

moves ineligibility of members of legislature to offices created during their term, 295, 296;

moves to obtain consent of state legislatures to purchases of lands for national purposes, 306;

thinks eventual election of President will be with Senate, 311;

moves that electors be not office-holders, 312;

favors change of clause relative to re-election of President, 313;

moves increase of number necessary to elect President, 319;

thinks Senate may share in appointments, 328;

objects to participation of two-thirds of Senate in treaties, 329;

opposes special provision for treaties of peace, 332;

moves special provision for treaties affecting national rights, 332;

thinks old Congress should consider constitution, 336;

on committee of style and arrangement, 338;

thinks old Congress need not sanction constitution, 345;

thinks President ought not to be suspended if impeached, 370;

thinks legislature should choose treasurer, 371;

thinks power to grant charters unnecessary, 373;

thinks publication of public expenditures impossible, 376;

opposes change in representation, 378;

thinks executive may pardon for treason, 382;

thinks guaranty of jury trials not necessary, 384;

urges additional representation, 392;

proposes journals of convention be disposed of, 396.

Knox, General Henry, writes to Washington on prospects of convention, ii., 158, n.

L

Land cession, question of, i., 232.

Lands, public.

See Legislature, national, power of.

Langdon, John, N. H., attends convention, ii., 29;

opposes disqualification from legislature of persons having unsettled accounts, 64;

Pierce's sketch of, 64, n.;

opposes prohibition against placing national capital at state capital, 66;

favors national compensation of legislature, 167;

opposes power to emit bills of credit, 183;

favors suppression of rebellion without state's consent, 187;

appointed on grand committee, 193;

thinks Representatives must be trusted, 195;

thinks national control of militia necessary, 196;

opposes taxation by congressional representation, 208;

asks only fair representation for New Hampshire, 212;

objects to state power to tax exports, 213, 214;

opposes leaving slave trade to states, 223;

moves to commit question of navigation acts, 225;

on committee on navigation acts, 225;

thinks state and national governments need not be jealous, 231;

favors national power of negative on state laws, 237;

thinks executive should be elected by joint ballot of legislature, 243;

thinks creditors of government should not be disturbed, 248;

admits duty on slaves is part of compromise agreement, 251;

on committee of August 25, 254;

doubts if new states should be admitted on an equality with old, 275;

thinks new states may be created, 276;

thinks Vermont should be brought into the Union, 276;

thinks vessels should not be made to enter and clear in their state, 291;

objects to export duties by states, 365;

moves increase in representation of North Carolina and Rhode Island, 378;

thinks commercial regulations should be national, 381.

Lansing, John, N. Y., attends convention, i., 55;

Pierce's sketch of, 138, n.;

supports Jersey plan, 143;

opposes Virginia plan, 194;

opposes legislature of two branches, 190;

favors voting in House by states, 252;

leaves convention, 298, n.

Legislature, national,

acts of, may originate in both houses, i., 248, ii., 170;

enacting style, 170.

Compensation of members, considered, i., 125, 209, 244, 245;

to be fixed, 126;

and eligibility to re-election, debated, 130;

to be ascertained by members, 212;

by state legislatures, 213;

vote on, 217;

agreed to, 336;

debated, ii., 166, 169.

Constitution of, considered, ii., 8;

agreed to, 96.

Disqualification of debtors from, debated, ii., 63, 65, 66;

of pensioners from, 65;

of persons having unsettled accounts with, 65;

of members from other offices, 158, 294, 297, 371.

Elections to, by popular vote, debated, i., 53;

mode of, debated, 81, 134;

eligibility to re-election, debated, 127;

eligibility of state officers to, 127.

Expulsion from, debated, ii., 135, 136.

Journal of proceedings, debate on, ii., 136, 137, 370.

Money bills in, originating of, debated, i., 309, 312, ii., 149, 153, 157, 210, 212.

Negative of, on state laws, considered, i., 47, 101, 107, 372, 374;

on acts of executive, vote on, ii., 95;

debated, 361;

verbal amendment offered, 367.

Place of meeting, debated, ii., 139.

Power of, debated, i., 45, 135, 366, ii., 177;

coercion on delinquent states, i., 47;

to legislate where states not competent, i., 47, 371, 372;

over state police, 370, 371;

over state judiciary, 374, 375;

members of, in debate, ii., 135;

expulsion of members of, ii., 135;

to compel attendance of members, ii., 135;

to judge of elections of members, ii., 135;

to adjourn, 138;

limits of, debated, 172, 173;

to regulate captures, debated, 184;

over Indians, debated, 226;

over general welfare, proposed, 226;

to pass ex post factolaws and bills of attainder, prohibited, 227, 375;

to fulfil engagements of old Congress, debated, 229, 237;

over militia, debated, 230, 235;

to enforce treaties, debated, 235;

negative on state laws, debated, 236;

to pass tax laws, debated, 241, 371;

to pay public debts, debated, 247, 297;

to regulate ports of entry, 252;

to refer appointments to state legislatures, 254;

to pay debts with anything but coin, debated, 262;

report of committee of eleven taken up, 269;

over public lands, proposed, 280, 282;

to make national bankruptcy law, debated, 293;

to judge privileges of members, 304;

to grant letters of marque and reprisal, 304;

to govern seat of government, 305;

to grant copyrights, 305;

to create offices, proposed, 338;

to appoint treasurer, debated, 371;

to punish piracies, etc., debated, 372;

to make canals, proposed, 373;

to grant charters, proposed, 373;

to establish a university, proposed, 374;

to be limited in providing for standing army, 375.

Property qualifications for members of, debated, ii., 59, 63, 128, 132, 147.

Qualifications for members of, debated, i., 42, ii., 131.

Quorum in, debated, ii., 132, 135, 177.

Representation in, debated, i., 36, 109, 114, 120, 134, 232, 302, 327, 331, 338, 341, 342, ii., 110, 114;

compromise proposed, i., 114;

enumeration of blacks and whites, debated, 258, 338, 340, 344, 346, 347, 350;

question postponed, 318;

referred to committee, 322;

report of committee, 322;

motion to increase, debated, 325;

census for, debated, 328, 338, 340, 341;

taxation as basis of, debated, 342, 347, 348, 371;

moved that, of large states be limited, 378;

increase of, debated, ii., 318, 323, 393.

Rules to be regulated by each house, ii., 170.

Term of members of, debated, i., 126.

Time of meeting, debated, ii., 93, 94, 95.

Two branches of, agreed to, i., 39, 134;

debate on, 190, 199, 204.

House of Representatives,

mode of election to, debated, i., 39, 40, 42, 84, 91, 204, 224;

classification of states to determine representation in, proposed, 106;

term of members, debated, 124, 126;

age for members, debated, 125, 213, 214;

elections to, by state legislatures, proposed, 206, 247;

three years' term in, proposed, 207, 209;

eligibility of members to other offices debated, 214, 217, 218, 223, 224, ii., 292;

committee report on representation in, i., 318, 319;

constitution of, debated, ii., 96, 301;

who may vote for members of, debated, 106;

seven years' citizenship for members of, proposed, 107, 131, 132;

qualifications for members of, debated, 107;

clause relative to, agreed to, 110;

money bills to originate in, debate on, 115, 305, 337;

power of impeachment of, agreed to, 116;

time and mode of election to, debate on, 126, 128;

power of, over elections in states, debated, 128;

citizenship and residence for members, debated, 144, 145;

four years' citizenship for members of, proposed, 145;

nine years' citizenship for members of, proposed, 145;

citizenship requirements not to apply to those already citizens, 145, 148;

five years' citizenship for members of, proposed, 148;

clause for citizenship and age of members agreed to, 148;

representation by direct taxation, debate on, 151;

power to make bankruptcy laws, proposed, 292;

power of, to make treaties, proposed, 327;

increase in representation in, proposed, 339;

moved to strike out apportionment by "direct taxes," 367;

proposed that all journals of, be printed, 371.

Senate

mode of election to, debated, i., 43, 233, ii., 116;

to be a check on democracy, i., 44;

election to, by state legislatures, debated, i., 44, 94, 101, 236;

elections to, by the people, debated, 100;

mode of voting in, debated, 121, 234, 248, 309, 313, 347;

age for members of, debated, 127, 236;

term of members of, debated, 128, 130, 236, 237, 243;

compensation of members of, debated, 130, 244, 246, 247;

originating money bills in, debated, 132, 134, 355;

representation in, debated, 235, 236, 356, 364, 367, 368, 369, ii., 37, 304;

property qualification for members of, debated, i., 246;

eligibility of members of, to state offices, considered, 246;

eligibility of members of, to any offices, considered, 297;

voting in, by states, debated, 314;

citizenship for members of, debated, ii., 124, 125;

age and citizenship for members of, debated, 126, 148;

moved that members of, be permitted to enter dissent to measures, 136;

moved that journal of, be published, 136;

choosing officers of, agreed to, 180;

power of appointment by, 235, 238;

treaty-making power of, debated, 238, 240;

power of, to appoint ambassadors, etc., considered, 240;

power of, in controversies between states, considered, 241;

power to try impeachments, proposed, 298;

power of, objected to, 315;

to vote on President, 318;

power of, in treaty making, debated, 327, 329;

in appointments, 328;

quorum of, debated, 335;

power of, in impeachment of President, debated, 335, 336;

power of, to amend money bills, 337;

to be under oath in impeachment trials, 338.

Letters of marque, power to issue, debated, ii., 191.

Liberty of the press, guaranty of, proposed, ii., 375.

Livingston, William, N. J., attends convention, i., 96;

appointed on grand committee, ii., 193;

Pierce's sketch of, 209, n.;

delivers report on state debts and militia, 209;

on committee on navigation acts, 225;

submits report on slave importation and navigation acts, 240;

on committee on sumptuary legislation, 366.

M

Madison, James, Va., attends convention, i., 2;

moves question of representation in legislature, 36;

Pierce's sketch of, 36, n.;

favors proportional representation, 36, 38, 253;

favors election to House by popular vote, 41, 86;

opposes district elections to Senate, 44;

opposes defining powers of national legislature, 47;

opposes use of force against recalcitrant states, 47;

moves consideration of powers of executive, 52;

opposes removability of executive on motion of state legislatures, 63;

favors qualified negative of executive on legislation, 71;

favors inclusion of judiciary with executive in negative on legislation, 75, 91;

opposes appointment

of judges by legislature, 77, 131;

favors ratification of constitution by popular vote, 80, ii., 36;

favors creation of inferior judicial tribunals, i., 83;

opposes elections to Senate by state legislatures, 99;

favors a small Senate elected by the people, 96;

favors negative by national legislature of state laws, 102, 106, 373;

favors three years' term for Representatives, 124;

favors national compensation of members of national legislature, 125, 212;

favors seven years' term for Senators, 128;

moves to define jurisdiction of judiciary, 130;

thinks Senate should have power to originate money bills, 133;

opposes Jersey plan, 167;

thinks national government in danger from state governments, 202;

opposes annual elections of Representatives, 208;

favors compensation of Representatives by fixed standard, 211;

favors ineligibility of Representatives to other offices, 218;

favors partial ineligibility of Representatives to other offices, 221;

moves debate on mode of voting in Senate, 235;

sets forth objects of Senate, 238;

opposes compensation of Senators by state legislatures, 345;

opposes equal state representation, 264, 276, 357, 363;

would preserve state rights, 282;

opposes compromise committee on representation in Senate, 292, 296;

thinks question of representation vital, 315;

suggests representation by free population in House and by free and slaves in Senate, 321;

moves increase in representation of all states, 325;

thinks basis of representation should be fixed, 335;

favors census at least every fifteen years, 340;

favors adjustment of taxation to representation, 348;

favors independence of executive, 380;

thinks tendency is to give executive too little power, 382;

favors appointment of judges by executive and one-third of Senate, 385;

moves appointment of judges by executive and two-thirds of Senate, 387;

objects to power to increase judges' salaries, 388;

favors continuance of old Congress to prevent interregnum, 390;

favors national guaranty against domestic violence, 391;

favors election of executive by the people, ii., 6;

favors varying ratio for electors to choose executive, 10;

favors impeachability of executive, 12;

seconds motion to include judiciary in revisionary power, 18, 22;

moves appointment of judges by executive and Senate, 26;

is willing to allow a majority of Senate to reject appointment of judges, 28;

speaks on mode of election of executive, 49;

thinks each voter may vote for two persons for executive, 54;

thinks persons indebted to government should be excluded from legislature, 60;

moves that property qualification be not confined to landed property, 62;

opposes mutual negative of each branch of legislature over acts of the other, 92;

suggests that time of meeting of legislature be not fixed in constitution, 92, 93;

favors fixing time of meeting of legislature provisionally, 94;

favors changing time of meeting of legislature from December to May, 95;

favors power of suffrage by freeholders, 99;

views on suffrage, 100, n.;

favors requiring Representatives to be inhabitants of their states, 107;

opposes proposition that Representatives be required to reside seven years in their states, 108;

objects to fixed ratio of Representatives to inhabitants, 111;

moves representation of not more than 1 to 40,000 inhabitants, 136;

opposed to originating money bills in House, 116;

moves that vacancies in Senate must happen by refusals, resignations, etc., 117;

thinks provision as to money bills valueless to large states, 118;

opposes fourteen years' citizenship as necessary for Senators, 121;

opposes leaving time and mode of electing Representatives wholly to state legislatures, 126;

writes to Jefferson on progress of the convention, 126, n.;

thinks property qualification for members of government should be fixed in constitution, 130, 131;

moves that expulsion from legislature be by two-thirds vote, 135;

moves legislature have power to compel attendance, 135;

moves that Senate shall publish its legislative journal, 137;

insists upon central location for capital, 139;

thinks legislature should not have power to change place of meeting, 138;

writes to his father, 142, n.;

thinks citizenship and inhabitancy alone necessary for Representatives, 144;

thinks government responsible for what states have done, 146;

thinks Senate may decrease money bills, 152;

thinks constitution should regulate compensation of legislature, 167;

moves that laws be revised by executive and judiciary, 172;

thinks power to tax exports desirable, 176;

opposes power to emit bills of credit, 181;

thinks punishment of piracies, etc., ought not to be fixed by legislature, 184;

moves that legislature define piracies, etc., 185;

moves that rebellion to be suppressed be against government, 187;

moves to give legislature power to declare war, 188;

submits power over public lands, Indians, seat of government, charters, copyrights, university, forts, 189;

favors national control of militia, 197;

moves power to create offices in legislature, 203;

thinks treason should be broadly defined, 203, 204;

thinks treason may be against nation and a state, 205;

thinks treason should not be twice punishable, 207;

thinks present representation temporary, 211;

favors power to tax exports, 215;

favors taxation of exports by two-thirds legislature, 217;

on committee on navigation acts, 226;

thinks new government should have power to fulfil engagements of old government, 229;

explains provisions as to militia, 230;

favors national control of militia, 232;

proposes states appoint militia officers under rank of general, 233;

thinks disunion the greatest danger, 234;

moves to commit question of negative of state laws, 236;

moves to include President in treaty-making power, 238;

suggests inconvenience of legal ratification of treaties, 238;

suggests varying participation of legislature in different treaties, 240;

thinks larger states should have larger vote in election of executive, 244;

moves extension of appointing power of executive, 246;

opposes slave-trade extension, 250;

opposes admitting property in men in constitution, 252;

moves that treaties be supreme law, 252;

thinks president of Senate should not be in executive succession, 256;

moves amendment to oath of executive, 256;

favors fixed salaries for judges, 258;

proposes salaries of judges be not changed for three years, 258;

moves judiciary have jurisdiction over cases in which U. S. is a party, 259;

thinks judicial power should not extend to all cases under constitution, 259;

moves verbal change in judiciary clause, 260;

thinks states should not have power to interfere in private contracts, 263;

thinks retrospective laws are prohibited, 263;

moves states be forbidden to pass embargoes, 264;

moves to forbid states to lay imposts, 264, 265;

objects to imposts by states, 266;

favors committing clause on state acts, 267;

thinks commercial regulations not injurious to south, 272;

thinks western states entitled to an equality with others, 274;

opposes guaranty of public lands, 281;

thinks constitution may go into operation without a majority in favor, 284;

moves ratification by seven states and thirty-three Representatives, 285;

thinks ratification conventions necessary, 286;

thinks it inconvenient if vessels must enter and clear at their own ports, 291;

on committee of August 31, 292;

offers amendment strengthening interstate validity of state acts, 293;

fears election of President will be thrown on Senate, 300;

doubts if legislature should judge of privileges of its members, 304;

thinks legislature should not participate in electing President, 309;

proposes that election of President may be by one-third of whole number of electors, 310;

moves that electors not voting be not counted, 311;

moves that two-thirds Senate be present when voting for President, 318;

shows President may be elected by two states, 319;

moves that election of President by legislature when Vice-president also dies be temporary, 323;

seconds motion that no state vote for President in legislature by less than three Representatives, 325;

thinks some cure required to prevent minority in legislature electing President, 325;

proposes treaties of peace be by majority of Senate, 330;

proposes two-thirds Senate make treaties of peace without President, 330;

favors executive council, 332;

thinks treaties have been too easily made in past, 334;

moves quorum of Senate be two-thirds, 406;

thinks impeachment of President should not be on vague grounds, 335;

moves supreme court try President, 335;

seconds motion to increase representation, 339;

thinks clause relative to amendments should be reconsidered, 340, 341;

favors three-quarter vote to override President's negative, 363;

favors state export duties, 365;

thinks supreme court can negative state laws, 365;

moves verbal amendment to clause relative to negative of bills, 368;

moves words "by lot" be struck out for classifying Senators, 369;

thinks President ought not to be suspended when impeached, 370;

favors national charters where states are incompetent, 372;

moves power to establish university, 374;

favors limiting standing army, 374;

moves public accounts be published from time to time, 376;

writes to J. Q. Adams, 378, n.;

favors national control of commercial regulations, 380;

thinks Senate may participate in pardons for treason, 382;

thinks superior officers may make appointments, 383;

thinks legislature may propose amendments, 385;

opposes special provisos in constitution, 386.

Madison, Rev. James, of William and Mary, writes to James Madison on prospects of convention, ii., 75, n.

Manufactures, encouragement of, by imposts, debate on. ii., 264, 265;

regulation of, debated, 265.

Marque and reprisal, letters of, power to grant, proposed, iv., 366.

Martin, Alexander, N. C., attends convention, i., 2;

insists upon equal power of states, 188;

favors elections of Representatives regulated by state legislatures, 204;

favors ineligibility of Representatives to other offices, 218;

Pierce's sketch of, 218, n.;

on compromise committee on representation, 292;

moves increase in representation of North Carolina, 325;

opposes fixing national capital at same place with a state capital, ii., 66;

seconds motion for commercial regulations, 269.

Martin, Luther, Md., attends convention, i., 107;

opposes oath from state officers to national government, 123;

Pierce's sketch of, 189;

opposes legislature of two branches, 195;

wishes to preserve state governments, 248, 250;

insists on state sovereignty, 268, 287;

favors two confederacies if states cannot have equal vote in Senate, 356;

opposes national negative on state laws, 373;

moves that national laws be binding on state judiciary, 374;

favors election of executive by electors chosen by state legislatures, 378;

moves to consider question of re-eligibility of executive, 383;

favors appointment of judges by Senate, 384;

opposes creation of inferior judicial tribunals, 384;

opposes power in national government to suppress rebellion in states, 391;

moves ineligibility of executive to re-election, 8, 42;

opposes inclusion of judiciary in revisionary power, 21;

opposes voting in Senate per capita, 38;

favors disqualification from legislature of debtors to government, 64;

moves eleven years' term for executive, 43;

favors state compensation of Senate, 169;

asks definition of "duties" and "imposts," 176;

opposes power to subdue rebellion in a state without its consent, 186;

favors provision against large army in time of peace, 195;

moves treason be punishable on confession, 208;

proposes direct taxation by quotas from states, 212;

moves that states be permitted to tax migration of slaves, 218;

on committee on navigation acts, 225;

favors state control of militia, 232;

moves clause to prevent discrimination in ports of entry, 252;

moves to restrict executive power of pardoning, 255;

withdraws motion, 255;

opposes requiring large states to consent to forming new states, 275;

opposes admission of new states by two-thirds vote, 275;

favors committing motion to require consent of states to dismemberment, 277;

thinks new states should be formed without consent of old states, 279;

moves that land claims be examined by supreme court, 282;

moves guaranty of domestic tranquillity on state executive's application, 283;

insists upon ratification by state legislatures, 289;

thinks the people will not vote for constitution, 289.

Mason, George, Va., attends convention, i., 2;

objects to report of committee on rules, 6;

Pierce's sketch of, 6, n.;

thinks government should operate on individuals, 34;

favors seven years' term for executive, 54;

favors election of executive by the people, 55;

opposes subordinating executive to legislature, 63;

opposes single executive, 72;

favors election of Representatives by the people, 86, 205;

favors separation of purse from sword, 93;

favors election of Senators by state legislatures, 100;

favors provision for amendments to constitution, 122;

favors national compensation of Representatives, 126;

favors two branches of legislature, 192;

favors biennial elections of Representatives, 208;

moves that Representatives be at least twenty-five years of age, 213;

favors ineligibility of Representatives to other offices, 215, 222;

opposes ineligibility of Representatives to other offices, 218;

favors representation in Senate by states, 235;

favors property qualification for Senate, 246;

on compromise committee on representation, 292;

supports report of compromise committee on representation, 302;

moves to refer question of voting in Senate to committee, 308;

thinks money bills should originate in House, 309, ii., 115, 118;

favors an increase in representation, i., 326;

favors representation based on population, 329;

thinks slaves should have proportion in representation, 332;

thinks legislature ought not to fix representation, 334;

thinks constitution ought to fix representation, 338;

thinks taxation should be according to representation, 344;

opposed to direct taxation proportioned to number of Representatives, 349;

opposes election of executive by the people, 377;

opposes election of executive to serve during good behavior, 381;

opposes appointment of judges by executive, 384, ii., 28;

favors institution of inferior judicial tribunals, i., 389;

favors guaranty of republican government to the states, 391;

favors impeachability of executive, ii., 11;

favors inclusion of judiciary in revisionary power, 19, 23;

thinks constitution should be ratified by the people, 31;

opposes three Senators from each State, 38;

favors election by legislature of executive for not more than six years in twelve, 52;

moves seven years' term and ineligibility for executive, 59;

proposes property qualification for legislature, 59;

moves to exclude from legislature debtors to United States, 59;

moves that national capital be not at a state capital, 66;

withdraws the motion, 67;

doubts propriety of mutual negative of each branch of legislature on the other, 91, 92;

thinks time of meeting of legislature should not be fixed by constitution, 94;

thinks suffrage question should be left to the states, 97;

favors free general suffrage, 98;

thinks seven years' citizenship should be required of Representatives, 107;

moves that Representatives be required to be inhabitants of their states for one year, 109;

favors postponing question of voting in Senate, 118;

favors postponing question of originating money bills, 120;

thinks aliens should not be in legislature, 121;

thinks quorum in legislature should be a majority, 133;

approves expulsion from legislature by two-thirds vote, 135;

thinks yeas and nays should be required, 136;

thinks publication of journal of legislature necessary, 138;

thinks government not bound by state laws on naturalization, 149;

thinks first money bills should originate in House, 149;

moves to allow members of legislature to hold any office, 159;

thinks Representatives should be independent of state legislatures, 168;

thinks revenue bills should originate in House, 170;

thinks Senate may alienate territory, 171;

moves that no tax be laid on exports, 179;

favors power to emit bills of credit, 181, 183;

favors appointment of treasurer by legislature, 184;

thinks punishment may be fixed in cases of piracy, etc., 184;

opposes giving power of war to executive, 188;

thinks general government should regulate militia, 190;

thinks funds may be diverted in time of war, 191;

appointed on grand committee, 193;

favors partial national control of militia, 195, 196;

favors power to make sumptuary laws, 202;

thinks treason may be against a state, 205;

thinks treason should be defined, 208;

calls up amendment as to money bills, 211;

thinks states should retain power over exports, 216;

denounces slavery and slave trade, 219;

asks how legislature can negative state laws, 231;

objects to compelling settlement of old debts, 347;

opposes naming slave-importing states, 250;

thinks tax on importation of men necessary, 252;

on committee of August 25, 254;

moves amendment to executive's oath, 256;

thinks judges' salaries should be fixed, 258;

thinks states may interfere in private contracts, 263;

thinks states may lay embargoes, 264;

thinks states may wish to encourage industries by imposts, 265;

thinks two-thirds vote necessary for commercial regulations, 271;

thinks western people should be treated with equality, 274;

thinks nine states may ratify constitution, 288;

declares he will not sign constitution, 289;

approves amendment relative to interstate validity of state acts, 293;

thinks members of legislature should not hold other offices, 296;

thinks President will usually be chosen by Senate, 301;

thinks election of President by electors objectionable, 308;

thinks President may be elected by minority, 309;

moves that Senate choose President from three highest candidates, 311;

thinks system of electors autocratic, 312;

prefers eventual election of President by House of Representatives, 318;

approves increasing number for quorum to elect President, 319;

thinks Vice-President will encroach on Senate's rights, 326;

favors an executive council, 331;

moves to extend reasons for impeaching President, 335;

moves to postpone motion for second convention, 347;

thinks two-thirds vote may override President's negative, 362;

thinks bill of rights necessary, 364;

moves states may levy export duties, 364;

moves clause for sumptuary laws, 366;

on committee on sumptuary legislation, 366;

favors state tax on exports, 367;

moves publication of all proceedings of House, 370;

favors power to cut canals, 373;

opposed to standing armies, 374;

moves to strike out prohibition of ex post facto laws, 375;

moves verbal amendment to capitation tax clause, 375;

moves annual publication of expenditures, 376;

thinks states may lay tonnage dues, 380;

thinks President should not have power to pardon for treason, 382;

thinks legislature should have pardoning power for treason, 382;

disapproves provision for amendments, 385;

objects to navigation acts by majority, 387;

announces he cannot sign constitution, 387;

refuses to sign, 398.

McClurg, James, Va., attends convention, i., 2;

moves that term of executive be for good behavior, 379;

insists upon necessity for independence of executive, 382;

Pierce's sketch of, ii., 16, n.;

suggests ascertaining how executive is to act, 16;

writes to Madison, 75, n., 91, n., 236, n., 340. n.

McHenry, James, Md., attends convention, i., 5;

Pierce's sketch of, ii., 167, n.;

appointed on grand committee, 193;

thinks direct taxation should be by quotas from states, 213;

thinks embargo power embraced in war power, 215;

moves prohibition of ex post facto laws or bills of attainder, 227;

proposes plan for choosing ports of entry, 253;

moves judges receive fixed salaries, 258;

thinks Maryland must ratify according to her law, 287;

thinks vessels will take officers as security of entry dues, 291;

moves President have power to convene either house of legislature, 338;

moves states may lay tonnage dues, 380.

Mercer, John Francis, Md., attends convention, ii., 75;

opposes election of Representatives by the people, 105;

opposes whole plan of constitution, 106;

thinks the people ought to be guided in their voting, 107;

suggests that candidates for Representatives be nominated by state legislatures, 107;

opposes requirement of seven years' residence of Representatives in their states, 108, 109;

thinks Senate should have power to originate money bills, 115;

thinks less than a majority should be quorum of legislature, 132;

seconds motion to fix quorum at few, 134;

thinks Senate should have only legislative power, 137;

thinks two houses will not agree on place of meeting, 140;

thinks provisions as to citizenship should not apply to those now citizens, 145;

thinks government bound by state laws on naturalization, 148;

thinks aristocracies will arise, 160;

fears good men will not serve in legislature, 165;

thinks Senate ought not to make treaties, 171;

thinks judiciary should not be included in revisionary power, 172;

opposes taxing exports, 182;

declares himself friendly to paper money, 182;

favors appointment of treasurer by executive, 184;

favors defining of piracies, felonies, etc., 185;

opposes power to subdue rebellion without request of state legislature, 186.

Mifflin, Thomas, Pa., attends convention, i., 5;

seconds motion that acceptance of other office shall vacate seat in legislature, ii., 159;

Pierce's sketch of, 159, n.

Militia, power of regulating, debated, ii., 191, 195;

report on, command of, debated, 255.

See Legislature, national, power of.

Money bills, originating of.

See Legislature, national, money bills, House of Representatives, Senate.

Monroe, James, to Jefferson, on prospects of the convention, ii., 56. n.

Morris, Gouverneur, Pa., attends convention, i., 1;

offers address from citizens of Rhode Island, 8;

Pierce's sketch of, 8, n.;

objects to committee on minutes, 13;

moves question of federal or national government, 32;

explains difference between federal and national government, 34;

favors compromise committee on question of representation, 287;

favors election of Senators for life, 287;

opposes report of compromise committee on representation, 298;

thinks representation should be according to wealth, 303, 319;

thinks representation should not be definitely fixed, 304, 334;

on committee on representation question, 307;

favors originating money bills in both houses, 309, 310;

opposes equal representation of small states, 316;

submits report on representation in House, 318;

favors referring question of representation to committee, 320;

moves consideration of question of fixing representation, 320;

favors property and population as basis of representation, 324;

thinks southern states sufficiently represented, 324;

objects to requiring legislature to take census, 328;

fears preponderance of western states, 328;

opposes inclusion of slaves in basis of representation, 332, 340, 350;

moves that taxation be according to representation, 341, 342, 348;

thinks legislature should adjust basis of representation, 343;

moves reconsideration of question of representation in Senate, 370;

opposes taxation by quotas, 371;

opposes forbidding national government to interfere with state police, 371;

favors power in legislature where harmony would be disturbed by state legislation, 372;

opposes negative of state laws by legislature, 372, 374;

thinks judiciary will have power to set aside laws, 374;

favors election of executive by the people, 375, 376;

opposes ineligibility of executive, 379;

favors election of executive during good behavior, 379;

disclaims friendliness to monarchy, 382;

favors appointment of judges by executive, 384;

thinks impeachment trials should not be before the judges, 385;

favors appointment of judges by executive with consent of Senate, 387;

favors power to increase judges' salaries, 387, 389;

favors institution of inferior judicial tribunals, 389;

opposes continuance of old Congress, 390;

opposes guaranteeing existing laws to the states, 390;

favors a vigorous executive, ii., 1;

favors re-eligibility of executive, 3, 58;

favors short term for executive, 9;

thinks executive ought not to be impeachable, 11;

admits executive ought to be impeachable in some cases, 12, 15;

moves that electors for executive be not officials, 15;

thinks revisionary power requires more than the executive, 20;

thinks judiciary and executive may exercise revisionary power jointly, 24;

favors appointment of judges by executive, 27;

favors ratification of constitution by the people, 35;

moves that voting in Senate be per capita, 37;

moves ratification of constitution by a general convention, 37;

moves that there be three Senators from each state, 37;

opposes election of executive by members of national legislature chosen by lot, 44;

opposes election of executive by national legislature, 45;

opposes apportionment of direct taxation by representation, 47;

favors election of executive by the people, 53;

thinks each voter for executive may vote for two persons, 54;

opposes property qualification for members of legislature, 60;

thinks debtors of government need not be excluded from legislature, 60, 65;

seconds motion to strike out "landed" property as requirement in executive, 63;

opposes prohibiting national capital at state capital, 66;

moves to restrict mutual negative of each branch of legislature on the other to legislative acts, 91;

thinks treaties are not laws, 92;

moves to strike out provision for time of meeting of legislature, 93;

moves to change time of meeting of legislature from December to May, 94;

favors absolute negative in executive on legislature, 95;

moves restriction of suffrage to freeholders, 96;

thinks suffrage should be fixed by legislature, 96;

thinks general suffrage will produce aristocracy, 98;

favors seven years' citizenship for representatives, 127;

opposes requirement that Representatives

be residents of their states, 108;

moves that representation be by free population, 112;

opposes slavery and the slave trade, 112;

thinks Senate should have right to originate money bills, 115, 152;

agrees that vacancies in Senate must be by refusals, resignations, etc., 117;

favors equal vote in Senate, 119;

moves fourteen years' citizenship for Senators, 120;

opposes admission of aliens into government, 123;

moves that state legislatures fix time and mode of electing Representatives, 126;

opposes leaving time and mode of electing Representatives exclusively to state legislatures, 128;

moves to strike out property qualification, 131;

moves to fix quorum at few, 133;

thinks any member may call for yeas and nays, 135;

thinks majority may expel from legislature, 135;

thinks citizenship requirements ought not to apply to those already citizens, 145, 147;

thinks members of legislature may hold some other offices, 162, 166;

thinks members of legislature may serve in army and navy, 166;

favors national compensation of legislature, 167;

thinks revenue bills need not be confined to House, 171;

thinks some check on legislative acts necessary, 173;

moves that executive power of negative extend to resolutions, 176;

thinks exports may be taxed, 178, 179;

opposes power to emit bills of credit, 181;

thinks legislature should punish counterfeiting, 184;

moves that legislature punish piracies, etc., 185;

thinks legislature should designate piracies, etc., 186;

thinks legislature should have power to subdue rebellions, 186;

opposes inclusion of executive in power to subdue rebellions in states, 186;

thinks power to subdue rebellions necessary, 187;

submits propositions for committee of the whole, 200;

opposes power to make sumptuary laws, 202;

thinks treason should be defined, 203, 204;

moves British statute for treason, 205;

thinks treason should not be twice punishable, 207;

thinks debts should be adjusted with taxation, 210;

favors power to tax exports, 214;

moves slave-trade question be committed, 224;

thinks prohibition of ex post facto laws unnecessary, 227;

favors prohibiting bills of attainder, 227;

moves new government discharge engagements of old government, 229;

moves that Senate shall not have power of appointment, 235;

moves that power to enforce treaties be not specified, 285;

moves clause giving power over militia, 235;

thinks national appointment of state executives should be committed, 237;

doubts if treaties should be referred to Senate, 238;

suggests that treaties will be negotiated in this country, 239;

opposes election of executive by legislature, 244;

moves election of executive by electors, 245;

moves executive be required to make recommendations to legislature, 246;

objects to state power to appoint federal officers, 247;

thinks debts of old government should be paid by new government, 249;

moves that slave-importing states be named, 250;

withdraws motion, 251;

thinks freemen may be taxed, 252;

seconds motion to make treaties supreme law, 252;

moves that executive have power to correspond with states, 254;

moves chief justice succeed as executive, 255;

objects to removability of judges upon legislature's application, 257;

moves judicial power extend to cases in which U. S. is party, 259;

asks what is appellate power of judiciary, 259;

moves verbal change in judiciary clause, 259;

opposes power to suspend habeas corpus except in emergency, 261;

opposed to forbidding states to interfere in private contracts, 263;

thinks prohibiting embargoes by states unnecessary, 264;

thinks states should not tax exports, 266;

favors commercial regulations, 270;

moves interstate validity of acts of states, 268;

opposes admission of western states on an equality, 275;

does not wish power to pass to western states, 275;

proposes method of admitting new states, 275;

opposes admission of new states by two-thirds vote, 275;

thinks states must consent to division, 277;

thinks question of new states is one of jurisdiction rather than limits, 279;

moves that legislature control public lands, 282;

thinks supreme court has jurisdiction in land cases, 282;

thinks legislatures may call convention to amend constitution, 283;

approves motion prohibiting religious test for office, 283;

thinks contiguous states must ratify, 284;

thinks states may choose method of ratification, 286;

moves Congress be not required to approve constitution, 288;

favors a second convention, 351;

on committee of August 31, 292;

moves amendment on the subject of interstate validity of state acts, 293;

favors national bankruptcy laws, 294;

thinks members of legislature may hold other offices, 295;

fears election of President will devolve on Senate, 301;

defends system of electors, 301, 314;

thinks election of President should be free from cabal, 302;

prefers eventual election of President by Senate to whole legislature, 303;

thinks each House should be judge of privileges of its own members, 304;

moves postponement of clause relative to revenue bills, 306;

seconds motion to require state legislature's consent to national purchase of forts, etc., 306;

does not think Senate will elect President, 309;