Volume II Part 33 (1/2)

Governour Livingston, from the Committee of Eleven, to whom were referred the two remaining clauses of the 4^{th} Sect & the 5 & 6 Sect: of the 7^{th}. Art: delivered in the following Report:

”Strike out so much of the 4^{th} Sect: as was referred to the Committee and insert--'The migration or importation of such persons as the several States now existing shall think proper to admit, shall not be prohibited by the Legislature prior to the year 1800, but a tax or duty may be imposed on such migration or importation at a rate not exceeding the average of the duties laid on imports.'”

”The 5 Sect: to remain as in the Report.”

”The 6 Sect, to be stricken out.”

M^r Butler, according to notice, moved that clause 1^{st} sect. 1. of art VII, as to the discharge of debts, be reconsidered tomorrow. He dwelt on the division of opinion concerning the domestic debts, and the different pretensions of the different cla.s.ses of holders. Gen^l Pinkney 2^{ded} him.

M^r Randolph wished for a reconsideration in order to better the expression, and to provide for the case of the State debts as is done by Congress.

On the question for reconsidering

N. H. no. Ma.s.s. ay. Con^t ay. N. J. ay. Pen^a absent. Del. ay.

M^d no. V^a ay. N. C. absent. S. C. ay. Geo. ay.--and tomorrow a.s.signed for the reconsideration.

Sect: 2 & 3 of art: IX being taken up,

M^r Rutlidge said this provision for deciding controversies between the States was necessary under the Confederation, but will be rendered unnecessary by the National Judiciary now to be established, and moved to strike it out.

Doc^r Johnson 2^{ded} the motion.

M^r Sherman concurred: so did M^r Dayton.

M^r Williamson was for postponing instead of striking out, in order to consider whether this might not be a good provision, in cases where the Judiciary were interested or too closely connected with the parties.

M^r Ghorum had doubts as to striking out. The Judges might be connected with the States being parties--He was inclined to think the mode proposed in the clause would be more satisfactory than to refer such cases to the Judiciary.

On the Question for postponing the 2^d & 3^d Section it pa.s.sed in the negative.

N. H. ay. Ma.s.s^{ts} no. Con^t no. N. J. no. Pen^a abs^t.

Del. no. M^d no. V^a no. N. C. ay. S. C. no. Geo. ay.

M^r Wilson urged the striking out, the Judiciary being a better provision.

On Question for striking out 2 & 3 Sections Art: IX

N. H. ay. Ma.s.s. ay. C^t ay. N. J. ay. P^a abs^t. Del. ay.

M^d ay. V^a ay. N. C. no. S. C. ay. Geo. no.

Art X. Sect. 1. ”The Executive power of the U. S. shall be vested in a single person. His stile shall be ”The President of the U. S. of America” and his t.i.tle shall be ”His Excellency.” He shall be elected by ballot by the Legislature. He shall hold his office during the term of seven years; but shall not be elected a second time.”

On the question for vesting the power in a _single person_--It was agreed to nem: con: So also on the _stile_ and _t.i.tle_.

M^r Rutlidge moved to insert ”joint” before the word ”ballot,” as the most convenient mode of electing.

M^r Sherman objected to it as depriving the _States_ represented in the _Senate_ of the negative intended them in that house.

M^r Ghorum said it was wrong to be considering at every turn whom the Senate would represent. The public good was the true object to be kept in view. Great delay and confusion would ensue if the two Houses sh^d vote separately, each having a negative on the choice of the other.

M^r Dayton. It might be well for those not to consider how the Senate was const.i.tuted, whose interest it was to keep it out of sight.--If the amendment should be agreed to, a _joint_ ballot would in fact give the appointment to one House. He could never agree to the clause with such an amendment. There could be no doubt of the two Houses separately concurring in the same person for President. The importance & necessity of the case would ensure a concurrence.