M1. GOUVERNEUR MORRIS moved to postpone this, in order to take up the following:

"The legislature shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States, and nothing in this Constitution contained shall be so construed as to prejudice any claims, either of the United States or of any particular state."

The postponement agreed to, nem. con.

Mr. L. MARTIN moved to amend the proposition of Mr. Gouverneur Morris, by adding,

"But all such claims may be examined into, and decided upon, by the Supreme Court of the United States."

Mr. GOUVERNEUR MORRIS. This is unnecessary, as all suits to which the United States are parties are already to be decided by the Supreme Court.

Mr. L. MARTIN. It is proper, in order to remove all doubts on this point.

On the question on Mr. L. Martin's amendatory motion,

New Jersey, Maryland, ay, 2; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, no, 6.

.States not further called, the negatives being sufficient, and the point being given up.2

245

The motion of Mr. Gouverneur Morris was then agreed to, Mary. land alone dissenting.

Article 18 being taken up, the word "foreign" was struck out, nem. con., as superfluous, being implied in the term "invasion."

Mr. DICKINSON moved to strike out "on the application of its legislature, against." He thought it of essential importance to the tranquillity of the United States, that they should in all cases suppress domestic violence, which may proceed from the state legislature itself, or from disputes between the two branches, where such exist.

Mr. DAYTON mentioned the conduct of Rhode Island, as showing the necessity of giving latitude to the power of the United States on this subject.

On the question,

New Jersey, Pennsylvania, Delaware, ay, 3; New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 8.

On a question for striking out "domestic violence," and inserting "insurrections," it passed in the negative.

New Jersey, Virginia, North Carolina, South Carolina, Georgia, ay, 5; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, no, 6. Mr. DICKINSON moved to insert the words, "or executive," after the words, "application of its legislature." The occasion itself, he remarked, might hinder the legislature from meeting.

On this question,

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

Mr. L. MARTIN moved to subjoin to the last amendment the words, "in the recess of the legislature." On which question, Maryand only, ay.

VOL. V

63

On the question on the last clause, as amended,

New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia North Carolina, South Carolina, Georgia, ay, 9; Delaware, Maryland, no, 2.-46 Article 19 was then taken up.

Mr. GOUVERNEUR MORRIS suggested, that the legislature should be left at liberty to call a convention whenever they pleased. The article was agreed to, nem. con.

Article 20 was then taken up. The words " or affirmation," were added, after "oath."

Mr. PINCKNEY moved to add to the article,

"but no religious test shall ever be required as a qualification to any office or public trust under the authority of the United States."

Mr. SHERMAN thought it unnecessary, the prevailing liberality being a sufficient security against such tests.

Mr. GOUVERNEUR MORRIS and Gen. PINCKNEY approved the motion.

The motion was agreed to, nem. con., and then the whole article. North Carolina only, no; and Maryland, divided.

Article 21 being then taken up,

"The ratifications of the conventions of this Constitution; "

states shall be sufficient for organizing

Mr. WILSON proposed to fill the blank with "seven," that being a majority of the whole number, and sufficient for the commencement of the plan.

Mr. CARROLL moved to postpone the article, in order to take up the report of the committee of eleven (see the 28th of August); and on the question,

New Jersey, Delaware, Maryland, ay, 3; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no, 8.

Mr. GOUVERNEUR MORRIS thought the blank ought to be filled in a twofold way, so as to provide for the event of the ratifying states being contiguous, which would render a smaller number sufficient; and the event of their being dispersed, which would require a greater number for the introduction of the government.

Mr. SHERMAN observed that, the states being now confederated by articles which require unanimity in changes, he thought the ratification, in this case, of ten states, at least, ought to be made necessary.

Mr. RANDOLPH was for filling the blank with "nine," that being a respectable majority of the whole, and being a number made familiar by the constitution of the existing Congress.

Mr. WILSON mentioned "eight," as preferable.

Mr. DICKINSON asked, whether the concurrence of Congress is to be essential to the establishment of the system whether the refusing states in the Confederacy could be deserted—and whether Congress could concur in contravening the system under which they acted.

Mr. MADISON remarked, that if the blank should be filled with "seven," "eight," or "nine," the Constitution, as it stands, might be

put in force over the whole body of the people, though less than a majority of them should ratify it.

Mr. WILSON. As the Constitution stands, the states only which ratify can be bound. We must, he said, in this case, go to the original powers of society. The house on fire must be extinguished, without a scrupulous regard to ordinary rights.

Mr. BUTLER was in favor of "nine." He revolted at the idea that one or two states should restrain the rest from consulting their safety.

Mr. CARROLL moved to fill the blank with "the thirteen;" unanimity being necessary to dissolve the existing Confederacy, which had been unanimously established.

Mr. KING thought this amendment necessary; otherwise, as the Constitution now stands, it will operate on the whole, though ratified by a part only.

Adjourned.

FRIDAY, August 31.

In Convention. Mr. KING moved to add to the end of article 21 the words, "between the said states;" so as to confine the operation of the government to the states ratifying it.

On the question,

Nine states voted in the affirmative; Maryland, no; Delaware, absent.

Mr. MADISON proposed to fill the blank in the article with, "any seven or more states entitled to thirty-three members at least in the House of Representatives according to the allotment made in the 3d section of article 4." This, he said, would require the concurrence of a majority of both the states and the people.

Mr. SHERMAN doubted the propriety of authorizing less than all the states to execute the Constitution, considering the nature of the existing Confederation. Perhaps all the states may concur, and on that supposition it is needless to hold out a breach of faith.

Mr. CLYMER and Mr. CARROLL moved to postpone the consideration of article 21, in order to take up the reports of committees not yet acted on. On this question, the states were equally divided.

New Hampshire, Pennsylvania, Delaware, Maryland, Georgia, ay, 5; Massachusetts, New Jersey, Virginia, North Carolina, South Carolina, no, 5; Connecticut, divided.

Mr. GOUVERNEUR MORRIS moved to strike out, "conventions of the," after "ratifications;" leaving the states to pursue their own modes of ratification.

Mr. CARROLL mentioned the mode of altering the constitution of Maryland pointed out therein, and that no other mode could be pursued in that state.

Mr. KING thought that striking out "conventions," as the requisite mode, was equivalent to giving up the business altogether. Conventions alone, which will avoid all the obstacles from the complicated formation of the legislatures, will succeed; and if not positively required by the plan, its enemies will oppose that mode.

Mr. GOUVERNEUR MORRIS said, he meant to facilitate the adoption of the plan, by leaving the modes approved by the several state constitutions to be followed.

Mr. MADISON considered it best to require conventions; among other reasons for this, that the powers given to the general government, being taken from the state governments, the legislatures would be more disinclined than conventions composed in part, at least, of other men; and if disinclined, they could devise modes apparently promoting, but really thwarting, the ratification. The difficulty in Maryland was no greater than in other states, where no mode of change was pointed out by the constitution, and all officers were under oath to support it. The people were, in fact, the fountain of all power, and by resorting to them all difficulties were got over They could alter constitutions as they pleased. It was a principle in the bills of rights, that first principles might be resorted to.

Mr. M'HENRY said, that the officers of government in Maryland were under oath to support the mode of alteration prescribed by the constitution.

Mr. GORHAM urged the expediency of "conventions;" also Mr. PINCKNEY, for reasons formerly urged on a discussion of this question.

Mr. L. MARTIN insisted on a reference to the state legislatures. He urged the danger of commotions from a resort to the people and to first principles; in which the government might be on one side, and the people on the other. He was apprehensive of no such consequences, however, in Maryland, whether the legislature or the people should be appealed to. Both of them would be generally against the constitution. He repeated also the peculiarity in the Maryland constitution.

Mr. KING observed, that the constitution of Massachusetts was made unalterable till the year 1790; yet this was no difficulty with him. The state must have contemplated a recurrence to first principles, before they sent deputies to this Convention.

Mr. SHERMAN moved to postpone article 21, and to take up article 22; on which question,

Connecticut, Pennsylvania, Delaware, Maryland, Virginia, ay, 5; New Hampshire, Massachusetts, New Jersey, North Carolina, South Carolina, Georgia, no, 6.

On Mr. Gouverneur Morris's motion, to strike out "conventions of the," it was negatived.

Connecticut, Pennsylvania, Maryland, Georgia, ay, 4; New Hampshire, Massachusetts, New Jersey, Delaware, Virginia, South Carolina, no, 6.

On the question for filling the blank, in article 21, with "thirteen," moved by Mr. CARROLL and Mr. L. MARTIN,—

All the states were no, except Maryland.

Mr. SHERMAN and Mr. DAYTON moved to fill the blank with "ten."

Mr. WILSON supported the motion of Mr. Madison, requiring a majority both of the people and of states.

Mr. CLYMER was also in favor of it.

Col. MASON was for preserving ideas familiar to the people Nine states had been required in all great cases under the Confedera tion, and that number was on that account preferable.

On the question for "ten,"

Connecticut, New Jersey, Maryland, Georgia, ay, 4; New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, no, 7.

On the question for "nine,"

New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Georgia, ay, 8; Virginia, North Carolina, South Carolina, no, 3. Article 21, as amended, was then agreed to by all the states, Maryland excepted, and Mr. Jenifer being, ay.247

Article 22 was then taken up, to wit:

"This Constitution shall be laid before the United States, in Congress assembled, for their approbation; and it is the opinion of this Convention that it should be afterwards submitted to a convention chosen in each state, under the recommendation of its legislature, in order to receive the ratification of such convention."

Mr. GOUVERNEUR MORRIS and Mr. PINCKNEY moved to strike out the words, "for their approbation."

On this question,

New Hampshire, Connecticut, New Jersey, (In the printed Journal, New Jersey, no,) Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, ay, 8; Massachusetts, Maryland, Georgia, no, 3.

Mr. GOUVERNEUR MORRIS and Mr. PINCKNEY then moved to amend the article so as to read,

"This Constitution shall be laid before the United States, in Congress assembled; and it is the opinion of this Convention, that it should afterwards be submitted to a convention chosen in each state, in order to receive the ratification of such conven tion; to which end the several legislatures ought to provide for the calling conventions within their respective states as speedily as circumstances will permit."

Mr. GOUVERNEUR MORRIS said his object was to impress in stronger terms the necessity of calling conventions, in order to prevent enemies to the plan from giving it the go-by. When it first appears, with the sanction of this Convention, the people will be favorable to it. By degrees the state officers, and those interested in the state governments, will intrigue, and turn the popular current against it.

Mr. L. MARTIN believed Mr. Morris to be right, that, after a while, the people would be against it, but for a different reason from that alleged. He believed they would not ratify it, unless hurried into it by surprise.

Mr. GERRY enlarged on the idea of Mr. L. Martin, in which he concurred; represented the system as full of vices, and dwelt on the impropriety of destroying the existing Confederation, without the unanimous consent of the parties to it.

On the question on Mr. Gouverneur Morris's and Mr. Pinckney's "notion,

New Hampshire, Massachusetts, Pennsylvania, Delaware, ay, 4; Connecticut. New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 7 Mr. GERRY moved to postpone article 22.