A grand committee was appointed, consisting of Mr. Langdon, Mr. King, Mr. Sherman, Mr. Livingston, Mr. Clymer, Mr. Dickinson, Mr. M'Henry, Mr. Mason, Mr. Williamson, Mr. C. C. Pinckney, and Mr. Baldwin.

Mr. RUTLEDGE remarked on the length of the session, the probable impatience of the public, and the extreme anxiety of many members of the Convention to bring the business to an end; concluding with a motion, that the Convention meet henceforward precisely at ten o'clock, A. M.; and that, precisely at four o'clock, P. M., the president adjourn the House without motion for the purpose; and that no motion to adjourn sooner be allowed.

On this question,

New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Pennsylvania, Maryland, no, 2.

Mr. ELLSWORTH observed, that a council had not yet been provided for the President. He conceived there ought to be one. His proposition was, that it should be composed of the president of the Senate, the chief justice, and the ministers as they might be established for the departments of foreign and domestic affairs, war, finance, and marine; who should advise but not conclude the President.

Mr. PINCKNEY wished the proposition to lie over, as notice had been given for a like purpose by Mr. Gouverneur Morris, who was not then on the floor. His own idea was, that the President should be authorized to call for advice, or not, as he might choose. Give him an able council, and it will thwart him; a weak one, and he will shelter himself under their sanction.

Mr. GERRY was against letting the heads of the departments, particularly of finance, have any thing to do in business connected with legislation. He mentioned the chief justice, also, as particularly exceptionable. These men will also be so taken up with other matters, as to neglect their own proper duties.

Mr. DICKINSON urged, that the great appointments should be made by the legislature, in which case they might properly be consulted by the executive, but not if made by the executive himself.217 This subject, by general consent, lay over, and the House proceeded to the clause, "to raise armies."

Mr. GORHAM moved to add, "and support," after "raise." Agreed to, nem. con.; and then the clause was agreed to, nem. con., as amended.

Mr. GERRY took notice that there was no check here against standing armies in time of peace. The existing Congress is so constructed, that it cannot of itself maintain an army. This would not be the case under the new system. The people were jealous on this head, and great opposition to the plan would spring from such an omission. He suspected that preparations of force were now making against it. [He seemed to allude to the activity of the governor of New York, at this crisis, in disciplining the militia of that state.] He thought an army dangerous in time of peace, and could never con

sent to a power to keep up an indefinite number. He proposed that there should not be kept up in time of peace more than thousand troops. His idea was, that the blank should be filled with two or three thousand.

Instead of "to build and equip fleets," "to provide and maintain a navy," was agreed to, nem. con., as a more convenient definition of the power.

A clause, "to make rules for the government and regulation of the land and naval forces," was added from the existing Articles of Confederation.

Mr. L. MARTIN and Mr. GERRY now regularly moved,"Provided, that, in time of peace, the army shall not consist of more than thousand men."

Gen. PINCKNEY asked, whether no troops were ever to be raised until an attack should be made on us.

Mr. GERRY. If there be no restriction, a few states may establish a military government.

Mr. WILLIAMSON reminded him of Mr. Mason's motion for limiting the appropriation of revenue as the best guard in this case. Mr. LANGDON saw no room for Mr. Gerry's distrust of the rep resentatives of the people.

Mr. DAYTON. Preparations for war are generally made in time of peace; and a standing force of some sort may, for aught we know, become unavoidable. He should object to no restrictions consistent with these ideas.

The motion of Mr. Martin and Mr. Gerry was disagreed to, nem.

con.218

Mr. MASON moved, as an additional power,

"to make laws for the regulation and discipline of the militia of the several states, reserving to the states the appointment of the officers."

He considered uniformity as necessary in the regulation of the militia, throughout the Union.

Gen. PINCKNEY mentioned a case, during the war, in which a dissimilarity in the militia of different states had produced the most serious mischiefs. Uniformity was essential. The states would never keep up a proper discipline of the militia.

Mr. ELLSWORTH was for going as far, in submitting the militia to the general government, as might be necessary; but thought the motion of Mr. Mason went too far. He moved,

"that the militia should have the same arms and exercise, and be under rules established by the general government when in actual service of the United States; and when states neglect to provide regulations for militia, it should be regulated and established by the legislature of the United States."

The whole authority over the militia ought by no means to be taken away from the states, whose consequence would pine away to nothing after such a sacrifice of power. He thought the general authority could not sufficiently pervade the Union for such a purpose, nor could it accommodate itself to the local genius of the people. It must be vain to ask the states to give the militia out of their hands.

Mr. SHERMAN seconds the motion.

Mr. DICKINSON. We are come now to a most important matter that of the sword. His opinion was, that the states never would, nor ought to, give up all authority over the militia. He proposed to restrain the general power to one fourth part at a time, which, by rotation, would discipline the whole militia.

Mr. BUTLER urged the necessity of submitting the whole militia to the general authority, which had the care of the general defence. Mr. MASON had suggested the idea of a select militia. He was led to think that would be, in fact, as much as the general government could advantageously be charged with. He was afraid of creating insuperable objections to the plan. He withdrew his original motion, and moved a power

"to make laws for regulating and disciplining the militia, not exceeding one tenth part in any one year, and reserving the appointment of officers to the states."

Gen. PINCKNEY renewed Mr. Mason's original motion. For a part to be under the general and a part under the state governments, would be an incurable evil. He saw no room for such distrust of the general government.

Mr. LANGDON seconds Gen. Pinckney's renewal. He saw no more reason to be afraid of the general government than of the state governments. He was more apprehensive of the confusion of the different authorities on this subject, than of either.

Mr. MADISON thought the regulation of the militia naturally appertaining to the authority charged with the public defence. It did not seem, in its nature, to be divisible between two distinct authorities. If the states would trust the general government with a power over the public treasure, they would, from the same consideration of necessity, grant it the direction of the public force. Those who had a full view of the public situation would, from a sense of the danger, guard against it. The states would not be separately impressed with the general situation, nor have the due confidence in the concurrent exertions of each other.

Mr. ELLSWORTH considered the idea of a select militia as impracticable; and if it were not, it would be followed by a ruinous declension of the great body of the militia. The states would never submit to the same militia laws. Three or four shillings, as a penalty, will enforce obedience better in New England, than forty lashes in some other places.

Mr. PINCKNEY thought the power such a one as could not be abused, and that the states would see the necessity of surrendering it. He had, however, but a scanty faith in militia. There must be also a real military force. This alone can effectually answer the purpose. The United States had been making an experiment without it, and we see the consequence in their rapid approaches toward an archy.*

*This had reference to the disorders, particularly, that had occurred in Massacou Retts, which had called for the interposition of the federal troops.

Mr. SHERMAN took notice that the states might want their militia for defence against invasions and ipsurrections, and for enforcing obedience to their laws. They will not give up this point. In giving up that of taxation, they retain a concurrent power of raising money for their own use.

Mr. GERRY thought this the last point remaining to be surrendered. If it be agreed to by the Convention, the plan will have as black a mark as was set on Cain. He had no such confidence in the general government as some gentlemen possessed, and believed it would be found that the states have not.

Col. MASON thought there was great weight in the remarks of Mr. Sherman, and moved an exception to his motion, "of such part of the militia as might be required by the states for their own use."

Mr. READ doubted the propriety of leaving the appointment of the militia officers to the states. In some states they are elected by the legislatures; in others, by the people themselves. He thought at least an appointment by the state executives ought to be insisted on.

On the question for committing to the grand committee, last appointed, the latter motion of Col. Mason, and the original one revived by Gen. Pinckney,

New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 8; Connecticut, New Jersey, no, 2; Maryland, divided.219

Adjourned.

MONDAY, August 20.

In Convention. - Mr. PINCKNEY submitted to the House, in order to be referred to the committee of detail, the following propositions :

"Each House shall be the judge of its own privileges, and shall have authority to punish by imprisonment every person violating the same, or who, in the place where the legislature may be sitting, and during the time of its session, shall threaten any of its members for any thing said or done in the House; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend either of the Houses, in his way going or returning; or who shall rescue any person arrested by their order.

"Each branch of the legislature, as well as the supreme executive, shall have authority to require the opinions of the Supreme Judicial Court upon important questions of law, and upon solemn occasions

"The privileges and benefit of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding months.

"The liberty of the press shall be inviolably preserved.

"No troops shall be kept up in time of peace, but by consent of the legislature. "The military shall always be subordinate to the civil power; and no grants of money shall be made by the legislature, for supporting military land forces, for more than one year at a time.

"No soldier shall be quartered in any house, in time of peace, without consent of the owner.

"No person holding the office of President of the United States, a judge of their Supreme Court, secretary for the department of foreign affairs, of finance, of marine, of var, or of shall be capable of holding, at the same time, any other office of trust or emolument, under the United States, or an individual state.

"No religious test or qualification shall ever be annexed to any oath of office, under the authority of the United States.

"The United States shall be forever considered as one body corporate and politic in law, and entitled to all the rights, privileges, and immunities, which to bodies corporate do or ought to appertain.

"The legislature of the United States shall have the power of making the great seal, which shall be kept by the President of the United States, or, in his absence, by the president of the Senate, to be used by them as the occasion may require. It shall be called the Great Seal of the United States, and shall be affixed to all laws. "All commissions and writs shall run in the name of the United States.

"The jurisdiction of the Supreme Court shall be extended to all controversies between the United States and an individual state, or the United States and the citizens of an individual state."

These propositions were referred to the committee of detail, without debate or consideration of them by the House.

Mr. GOUVERNEUR MORRIS, seconded by Mr. PINCKNEY, submitted the following propositions, which were, in like manner, referred to the committee of detail:

"To assist the President in conducting the public affairs, there shall be a council of state composed of the following officers:

"1. The chief justice of the Supreme Court, who shall from time to time recommend such alterations of, and additions to, the laws of the United States, as may, in his opinion, be necessary to the due administration of justice; and such as may promote useful learning, and inculcate sound morality throughout the Union. He shall be president of the council, in the absence of the President.

"2. The secretary of domestic affairs, who shall be appointed by the President, and hold his office during pleasure. It shall be his duty to attend to matters of general police, the state of agriculture and manufactures, the opening of roads and navigations, and the facilitating communications through the United States; and he shall from time to time recommend such measures and establishments as may tend 'o promote those objects.

3. The secretary of commerce and finance, who shall also be appointed by the President during pleasure. It shall be his duty to superintend all matters relating to the public finances; to prepare and report plans of revenue, and for the regulation of expenditures; and also to recommend such things as may, in his judgment, promote the commercial interests of the United States.

"4. The secretary of foreign affairs, who shall also be appointed by the President during pleasure. It shall be his duty to correspond with all foreign ministers, prepare plans of treaties, and consider such as may be transmitted from abroad; and, generally, to attend to the interests of the United States in their connections with foreign powers.

"5. The secretary of war, who shall also be appointed by the President during pleasure. It shall be his duty to superintend every thing relating to the war department, such as the raising and equipping of troops, the care of military stores, public fortifications, arsenals, and the like; also, in time of war, to prepare and recommend plans of offence and defence.

"6. The secretary of the marine, who shall also be appointed during pleasure It shall be his duty to superintend every thing relating to the marine department, the public ships, dock-yards, naval stores, and arsenals; also, in the time of war, to prepare and recommend plans of offence and defence.

"The President shall also appoint a secretary of state, to hold his office during pleasure; who shall be secretary to the council of state, and also public secretary to the President. It shall be his duty to prepare all public despatches froin the President, which he shall countersign. The President may from time to time submit any matter to the discussion of the council of state, and he may require the written opin ions of any one or more of the members. But he shall in all cases exercise his own judgment, and either conform to such opinions, or not, as he may think proper; and every officer above mentioned shall be responsible for his opinion on the affairs relating to his particular department.

"Each of the officers above mentioned shall be liable to impeachment and removal from office, for neglect of duty. malversation, or corruption.”