Governor Edmund Randolph and James Madison (VA) proposed to amend Resolution #9 to read, "that the jurisdiction of the National Judiciary shall extend to cases, which respect the collection of the national revenue, impeachments of any national officers, and questions which involve the national peace and harmony." It passed without objection.
(Robert Yates (NY) wrote that Resolution #9 was to establish a principle; a subcommittee would later provide details.)
Charles Pinckney (SC) and Roger Sherman (CN) motioned for National Legislative appointment of judges.
James Madison (VA) objected. Congress was not competent to appoint qualified men. (I think he meant the rabble in the House) They would offer men of business who helped members of Congress, their own members, and unqualified others. He submitted for consideration, appointment by the Senatorial branch.
Charles Pinckney (SC) and Roger Sherman (CN) withdrew their motion. Madison’s was accepted.
Elbridge Gerry (MA) wandered off topic to prevent the Senate from originating money bills. (Believe it or not, the issue of which branch could originate money bills would figure large in the upcoming battle over how many Senators would be allowed to each State.)
Pierce Butler (SC) stayed with Gerry to comment that it would be degrading if the Senate could not originate money bills. He predicted correctly, that the proposed rule would lead to the practice of amending money bills. He softly ridiculed the convention for following the British example when the example did not apply.
(See, it wasn’t only Hamilton who respected the monarchal British System. In fact, Mr. Yates quoted Mr. Gerry, “If we dislike the British government for the oppressive measures by them carried on against us, yet he hoped we would not be so far prejudiced as to make ours in every thing opposite to theirs.” Still, Monarchy would not do for Americans, it never had a chance.)
James Madison (VA) saw no reason to prevent the Senate from proposing money bills, as they would generally be a more capable set of men and still connected to the people.
Rufus King (MA) disagreed with his fellow MA delegate, Mr. Gerry.
Judge George Read (DE) did not object to amendments on money bills in the Senate.
Roger Sherman (CN) did not see why both houses could not produce money bills. He disputes any reason to emulate the practice of Parliament in the British House of Lords.
By 7-3, the Committee of the Whole voted against Elbridge Gerry (MA)’s proposal to prevent money bill origination in the Senate.
Nathaniel Gorham (MA) made report, postponed until tomorrow of Governor Randolph’s Resolutions
(What followed was the Randolph/Virginia plan as amended by the Committee of the Whole. Nathaniel Gorham, who chaired the Committee of the Whole was apparently charged to keep track of these amendments. What he submitted was called a “report,” a term that will be used throughout the convention.)
So, the report was submitted today but not debated. This was to give delegates time to digest them and consider other amendments, or new plans of government.
(Copies were given to the delegates. Remember the secrecy rule? No one violated their oaths and leaked the report to Philly newspapers. Probably thirty copies were now out and about. These were men of honor.)
(At this point I imagine Mr. Madison and the Large State supporters felt confident. Despite their losses on the Council of Revision and the election of Senators moved from the House of Representatives to the State Legislatures, the term of office of the Executive, the rest of the votes (not including the 6-5 vote on proportional representation in the Senate) were 7-3 or 7-4 and the vote was unanimous to send the Constitution for approval by new representatives “of the people.”)
(The Convention had come a long way in a short time. There was near consensus for a national government with a popularly elected House of Reps, a large injection of popular sovereignty.)
1. A government to consist of supreme legislative, executive and judiciary.
2. The legislature to consist of two branches.
3. House of Reps elected by the people for three year terms. They may hold no other offices during their service, nor for one year after.
4. Senators to be chosen by state legislatures to a term of seven years. Must be at least 30 years old. As in the House, they may not hold other offices during service, nor for one year after.
5. Each branch of the legislature may originate acts.
6. (Here is a bigee) The original: “That the Natl. Legislature ought to be empowered to enjoy the Legislative rights vested in Congs. by the Confederation, and moreover to legislate in all cases to which the separate States are incompetent; or in which the harmony of the U. S. may be interrupted by the exercise of individual legislation; to negative all laws passed by the several States contravening in the opinion of the National Legislature the articles of Union, or any treaties subsisting under the authority of the Union.”
(The paper powers of the Confederacy were to be transferred to a new government with power to enforce laws. To the powers of the Confederacy were added as yet un-enumerated powers, which would be elaborated in a subcommittee. Also, the new Congress could veto state laws, including those that contradicted treaties)
7. & 8. Representation in both houses of Congress will be by an equitable ratio of free persons, including indentured servants, 3/5 of slaves, not including Indians not paying taxes.
(Large State delegates must have been confident that having defeated equality of State representation in the Senate this time, it would pass again when presented to the Convention. The Small State revolt would begin tomorrow.
9. There will be one Executive elected by Congress for a term of seven years. He will execute the laws, appoint officers not otherwise provided. He can be impeached and removed for malpractice and neglect of duty.
The national treasury will pay salaries of Congressmen, Senators and Executive.
10. The Executive may veto Congressional bills. Two thirds of Congress to override required.
11. A National Judiciary will be composed of one Supreme Court to be appointed by the Senate.
12. Congress may, at its discretion, establish inferior courts.
13. Jurisdiction of the National Judiciary will be to cases regarding the national revenue, impeachments, and questions involving the national peace and harmony.
14. Provision shall be made for new states. Established states cannot avoid this by denying a quorum as they did so often under the Articles.
15. There shall be a smooth transition between the Articles and new government.
16. A republican constitution is guaranteed to all states.
17. Provision shall be made for amendments.
18. Member of state government, officers of the several states shall be bound by oath to the United States.
19. Assemblies chosen by the people of the states are to approve/reject the new Constitution.
Adjourned