"Why not?" Here's why not...
John Jay to George Washington.
New York 25 July 1787
Permit me to hint, whether it would not be wise & seasonable to provide a a strong check to the admission of Foreigners into the administration of our national Government; and to declare expresly that the Command in chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen.
The Records of the Federal Convention of 1787 Thursday July 26. 1787.
On the question to agree to the whole resolution respecting the supreme Executive namely.
Resolved That a national Executive be instituted
to consist of a Single Person
to be chosen by the national Legislature
for the term of seven years
to be ineligible a second time
with power to carry into execution the national Laws
to appoint to Offices in cases not otherwise provided for.
to be removable on impeachment and conviction of malpractice or neglect of duty.
to receive a fixed compensation for the devotion of his time to public service
to be paid out of the public Treasury.
it passed in the affirmative. [Ayes--6; noes--3; divided--1.]
It was moved and seconded to agree to the following Resolution namely.
Resolved That it be an instruction to the Committee to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of landed property and citizenship in the United States for the Executive, the Judiciary, and the Members of both branches of the Legislature of the United States; and for disqualifying all such persons as are indebted to, or have unsettled accounts with the United States from being Members of either Branch of the national Legislature.
It was moved and seconded to strike out the word "landed"
it passed in the affirmative [Ayes--10; noes--1.]
On the question to agree to the clause respecting the qualification as amended
it passed in the affirmative [Ayes--8; noes--3.]
It was moved and seconded to add the words "and Pensioners of the Government of the United States" to the clause of disqualification
which passed in the negative. [Ayes--3; noes--7; divided--1.]
It was moved and seconded to strike out the following words, namely
"or have unsettled accounts with"
which passed in the affirmative. [Ayes--9; noes--2.]
On the question to agree to the clause of disqualification as amended
it passed in the negative [Ayes--2; noes--9.]
It was moved and seconded to refer such proceedings of the Convention, as have been agreed on since Monday last, to the Committee of detail
which passed unanimously in ye affirmative
and then the House adjourned till monday Augt 6th
MADISON Thursday July. 2< 6 > in Convention
< On the question on the whole resolution as amended in the words following--"that a National Executive be instituted--to consist of a single person--to be chosen by the Natl. legislature--for the term of seven years--to be ineligible a 2d. time--with power to carry into execution the natl. laws--to appoint to offices in cases not otherwise provided for--to be removeable on impeachment & conviction of mal-practice or neglect of duty--to receive a fixt compensation for the devotion of his time to the public service, to be paid out of the Natl. Treasury"--it passed in the affirmative > N. H. ay. Mas. not on floor. Ct. ay. N.J. ay. Pa. no. Del. no. Md. no. Va. divd. Mr. B. < Blair > & Col. M. < Mason > ay. Genl. W. < Washington > & Mr M--< Madison > no. Mr. Randolph happened to be out of the House. N-- C-- ay. S. C. ay. Geo. ay. [Ayes--6; noes--3; divided--1; absent--1.]
Mr Mason moved "that the Committee of detail be instructed to receive a clause requiring certain qualifications of landed property & citizenship < of the U. States > in members of the Legislature, and disqualifying persons having unsettled Accts. with or being indebted to the U. S. < from being members of the Natl. Legislature" > He observed that persons of the latter descriptions had frequently got into the State Legislatures, in order to promote laws that might shelter their delinquencies; and that this evil had crept into Congs. if Report was to be regarded.
Mr Pinckney seconded the motion
Mr Govr. Morris. If qualifications are proper, he wd. prefer them in the electors rather than the elected. As to debtors of the U. S. they are but few. As to persons having unsettled accounts he believed them to be pretty many. He thought however that such a discrimination would be both odious & useless. and in many instances unjust & cruel. The delay of settlemt. had been more the fault of the public than of the individuals. What will be done with those patriotic Citizens who have lent money, or services or property to their Country, without having been yet able to obtain a liquidation of their claims? Are they to be excluded?
Mr. Ghorum was for leaving to the Legislature, the providing agst such abuses as had been mentioned.
Col. Mason mentioned the parliamentary qualifications adopted in the Reign of Queen Anne, which he said had met with universal approbation
Mr. < Madison > had witnessed the zeal of men having accts. with the public, to get into the Legislatures for sinister purposes. He thought however that if any precaution were to be taken for excluding them, the one proposed by Col. M< ason > ought to be new modelled. It might be well to limit the exclusion to persons who had recd money from the public, and had not accounted for it.
Mr Govr. Morris--It was a precept of great antiquity as well as of high authority that we should not be righteous overmuch. He thought we ought to be equally on our guard agst. being wise over much. The proposed regulation would enable the Govent. to exclude particular persons from office as long as they pleased He mentioned the case of the Commander in chief's presenting his account for secret services, which he said was so moderate that every one was astonished at it; and so simple that no doubt could arise on it. Yet had the Auditor been disposed to delay the settlement, how easily might he have affected it, and how cruel wd. it be in such a case to keep a distinguished & meritorious Citizen under a temporary disability & disfranchisement. He mentioned this case merely to illustrate the objectionable nature of the proposition. He was opposed to such minutious regulations in a Constitution. The parliamentary qualifications quoted by Col. Mason, had been disregarded in practice; and was but a scheme of the landed agst the monied interest.
Mr Pinckney & Genl. Pinckney moved to insert by way of amendmt. the words Judiciary & Executive so as to extend the qualifications to those departments which was agreed to nem con
Mr. Gerry thought the inconveniency of excluding a few worthy individuals who might be public debtors or have unsettled accts ought not to be put in the Scale agst the public advantages of the regulation, and that the motion did not go far enough.
Mr. King observed that there might be great danger in requiring landed property as a qualification since it would exclude the monied interest, whose aids may be essential in particular emergencies to the public safety.
Mr. Dickenson. was agst. any recital of qualifications in the Constitution. It was impossible to make a compleat one, and a partial one would by implication tie up the hands of the Legislature from supplying the omissions, The best defence lay in the freeholders who were to elect the Legislature. Whilst this Source should remain pure, the public interest would be safe. If it ever should be corrupt, no little expedients would repel the danger. He doubted the policy of interweaving into a Republican constitution a veneration for wealth. He had always understood that a veneration for poverty & virtue, were the objects of republican encouragement. It seemed improper that any man of merit should be subjected to disabilities in a Republic where merit was understood to form the great title to public trust, honors & rewards.
Mr Gerry if property be one object of Government, provisions for securing it can not be improper.
Mr. < Madison > moved to strike out the word landed, before the word, "qualifications". If the proposition sd. be agreed to be wished the Committee to be at liberty to report the best criterion they could devise. Landed possessions were no certain evidence of real wealth. Many enjoyed them to a great extent who were more in debt than they were worth. The unjust laws of the States had proceeded more from this class of men, than any others. It had often happened that men who had acquired landed property on credit, got into the Legislatures with a view of promoting an unjust protection agst. their Creditors. In the next place, if a small quantity of land should be made the standard. it would be no security.--if a large one, it would exclude the proper representatives of those classes of Citizens who were not landholders. It was politic as well as just that the interests & rights of every class should be duty represented & understood in the public Councils. It was a provision every where established that the Country should be divided into districts & representatives taken from each, in order that the Legislative Assembly might equally understand & sympathise, with the rights of the people in every part of the Community. It was not less proper that every class of Citizens should have an opportunity of making their rights be felt & understood in the public Councils. The three principle classes into which our citizens were divisible, were the landed the commercial, & the manufacturing. The 2d. & 3rd. class, bear as yet a small proportion to the first. The proportion however will daily increase. We see in the populous Countries in Europe now, what we shall be hereafter. These classes understand much less of each others interests & affairs, than men of the same class inhabiting different districts. It is particularly requisite therefore that the interests of one or two of them should not be left entirely to the care, or the impartiality of the third. This must be the case if landed qualifications should be required; few of the mercantile, and scarcely any of the manufacturing class, chusing whilst they continue in business to turn any part of their Stock into landed property. For these reasons he wished if it were possible that some other criterion than the mere possession of land should be devised. He concurred with Mr. Govr. Morris in thinking that qualifications in the Electors would be much more effectual than in the elected. The former would discriminate between real & ostensible property in the latter; But he was aware of < the difficulty of > forming any uniform standard that would suit the different circumstances & opinions prevailing in the different States.
Mr. Govr Morris 2ded. the motion.
On the Question for striking out "landed"
N. H. ay. Mas. ay. Ct. ay N. J. ay. Pa. ay. Del. ay. Md. no Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes--10; noes--1.]
On Question on 1st. part of Col. Masons proposition as to qualification of property & citizenship" < as so amended >
N. H. ay. Masts. ay. Ct. no. N. J. ay. Pa. no. Del. no. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes--8; noes--3.]
"The 2d. part, for disqualifying debtors, and persons having unsettled accounts", being under consideration
Mr. Carrol moved to strike out "having unsettled accounts"
Mr. Ghorum seconded the motion; observing that it would put the commercial & manufacturing part of the people on a worse footing than others as they would be most likely to have dealings with the public.
Mr. L-- Martin. if these words should be struck out, and the remaining words concerning debtors retained, it will be the interest of the latter class to keep their accounts unsettled as long as possible.
Mr. Wilson was for striking them out. They put too much power in the hands of the Auditors, who might combine with rivals in delaying settlements in order to prolong the disqualifications of particular men. We should consider that we are providing a Constitution for future generations, and not merely for the peculiar circumstances of the moment. The time has been, and will again be when the public safety may depend on the voluntary aids of individuals which will necessarily open accts. with the public, and when such accts. will be a characteristic of patriotism. Besides a partial enumeration of cases will disable the Legislature from disqualifying odious & dangerous characters.
Mr. Langdon was for striking out the whole clause for the reasons given by Mr Wilson. So many Exclusions he thought too would render the system unacceptable to the people.
Mr. Gerry. If the argumts. used to day were to prevail, we might have a Legislature composed of public debtors, pensioners, placemen & contractors. He thought the proposed qualifications would be pleasing to the people. They will be considered as a security agst unnecessary or undue burdens being imposed on them < He moved to add "pensioners" to the disqualified characters which was negatived.
N. H. no Mas. ay. Con. no. N.J. no. Pa. no. Del no Maryd. ay. Va. no. N. C. divided. S. C. no. Geo. ay.> [Ayes--3; noes--7; divided--1.]
Mr. Govr. Morris The last clause, relating to public debtors will exclude every importing merchant. Revenue will be drawn it is foreseen as much as possible, from trade. Duties of course will be bonded. and the Merchts. will remain debtors to the public. He repeated that it had not been so much the fault of individuals as of the public that transactions between them had not been more generally liquidated & adjusted. At all events to draw from our short & scanty experience rules that are to operate through succeeding ages, does not savour much of real wisdom.
On question for striking out "persons having unsettled accounts with the U. States."
N. H. ay. Mas. ay. Ct. ay. N. J. no. Pa. ay. Del. ay. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. no. [Ayes--9; noes--2.]
Mr. Elseworth was for disagreeing to the remainder of the clause disqualifying public debtors; and for leaving to the wisdom of the Legislature and the virtue of the Citizens, the task of providing agst. such evils. Is the smallest as well largest debtor to be excluded? Then every arrear of taxes will disqualify. Besides how is it to be known to the people when they elect who are or are not public debtors. The exclusion of pensioners & placemen in Engd is founded on a consideration not existing here. As persons of that sort are dependent on the Crown, they tend to increase its influence.
Mr. Pinkney sd. he was at first a friend to the proposition, for the sake of the clause relating to qualifications of property; but he disliked the exclusion of public debtors; it went too far. It wd. exclude persons who had purchased confiscated property or should purchase Western territory of the public, and might be some obstacle to the sale of the latter.
On the question for agreeing to the clause disqualifying public debtors
N. H. no. Mas-no. Ct. no. N-J. no. Pa. no. Del. no. Md. no. Va. no. N. C. ay. S. C. no. Geo. ay. [Ayes--2; noes--9.]
The < proceedings since monday last were referred unanimously to the > Come. of detail, < and the Convention then unamously > Adjourned till Monday. Augst. 6. that < the > Come. of detail < might > have time to prepare & report the Constitution:
JOURNAL Monday August 20th. 1787.
It was moved and seconded to refer the following propositions to the Committee of five.
That the Committee be directed to report qualifications for the President of the United-States -- and a mode for trying the supreme Judges in cases of impeachment.
MADISON Monday August 20 -- in Convention.
Mr. Pinkney submitted to the House, in order to be referred to the Committee of detail, the following propositions --
Mr Gerry moved "that the Committee be instructed to report proper qualifications for the President, and a mode of trying < the Supreme > Judges < in cases of > impeachment.
JOURNAL Wednesday August 22nd 1787.
The honorable Mr Rutledge, from the Committee to whom sundry propositions were referred on the 18 and 20th instant, informed the House that the Committee were prepared to report -- he then read the report in his place -- and the same, being delivered in at the Secretary's table, was again read throughout, and is as follows
The Committee report that in their opinion the following additions should be made to the report now before the Convention vizt
at the end of the 1st section 10 article add
"he shall be of the age of thirty five years, and a Citizen "of the United States, and shall have been an Inhabitant "thereof for Twenty one years"
George Washington to John Jay, September 2, 1787
Philadelphia, September 2, 1787.
I thank you for the hints contained in your letter, and with best wishes for Mrs. Jay, and great Affection for yourself I am, etc.
JOURNAL Tuesday September 4th
The honorable Mr Brearley from the Committee of eleven informed the House that the Committee were prepared to report partially-- He then read the report in his place; it was afterwards delivered in at the Secretary's table -- and was again read: and is as follows.
"The Committee of Eleven to whom sundry resolutions &c were referred on the 31st. of August, report that in their opinion the following additions and alterations should be made to the Report before the Convention, viz
Sect. 2. No Person except a natural born Citizen, or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and who has not been in the whole, at least 14 years a resident within the U. S.
MADISON Friday Sepr. 7. 1787. In Convention
The < section 2 .>(see Sepr. 4)
requiring that the President should be a natural-born Citizen, &c & have been resident for fourteen years, & be thirty five years of age, was agreed to nem: con:
Proceedings of Convention Referred to the Committee of Style and Arrangement
ARTICLE X
Sect. 2. No Person except a natural born Citizen, or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and who has not been in the whole, at least 14 years a resident within the U. S.
Report of Committee of Style
ARTICLE II.
Sect. 1
lang;(d)rang; No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
THE CONSTITUTION OF THE UNITED STATES
Article. II.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
