QOLLECTED AND REVISED FROM CONTEMPORARY PUBLICATIONS,

BY JONATHAN ELLIOT.

PUBLISHED UNDER THE SANCTION OF CONGRESS.

PHILADELPHIA:
J. B. LIPPINCOTT & CO.

WASHINGTON: TAYLOR & MAURY.

Entered according to Act of Congress, in the year one thousand eight hundred

and thirty-six,

By Jonathan Elliot, In the Clerk's Office of the District Court of the District of Columbia.

.

List of Delegates to the Congress of 1765, .

. 341
Opinions, from 1789 to 1836, involving Constitutional Princi-

ples, from Congressional Debates, &c., 343 to 524 and 599

Virginia Resolutions of 1798, by Mr. Madison,

. 528

Answers of the States,

532

Kentucky Resolutions, by Mr. Jefferson, .

540

Report on the Virginia Resolutions, by Mr. Madison, 546

President Jackson's Proclamation on the Ordinance of South

Carolina, .

582

Mr. Madison's Letter on the Tariff, and Banks,

. 600

Mr. Jefferson on Banks,

609

Mr. Madison to Mr. Stevenson, on Debts, &c.,

612

Gen. Alexander Hamilton on Banks,

617

Various Papers on the Veto Power,

525, 620

Digest of Decisions in the Courts of the Union, involving

Constitutional Principles, .

626

.

.

.

INDEX.

BY SPEAKERS' NAMES.

.. 142

.... 168

NORTH CAROLINA.

Page.

ORGANIZATION of the Convention,.....

1

RULES for the Government of the Convention, Electors, &c,.....

2
HENRY ABBOTT - Religion; opposed to an exclusive Establishment; no

religious Test ; Pagan or Deist may obtain Office; Oath ; by whom are
we to swear? Jupiter, &c.,.....

... 191
Mr. BLOODWORTH - opposed to Congressional Control over Elections,. 67

Jurisdiction; no Provision for Juries in civil Causes,..
Trial by Jury; not on a satisfactory Footing,...

151
Defence of its Omission not satisfactory; Precaution in granting Powers,

167. Mississippi Case,....
Sovereignty of the Federal Government annihilates the States,.

179
Powers of Congress dangerous to State Laws,

180
Amendments, for previous ones, 184. Southern and Northern Interests
divide at Susquehannah,

186
Adverts to the Annapolis Convention, &c.,..

235
Mr. NATHAN BRYAN - defends the Majority,...

248
Mr. CABARRUS — Prohibitions against Paper Emissions; ex post facto Laws,.. 184
Mr. CALDWELL- Maxims, fundamental Principles,.

9
Convention not authorized to use the Expression “We, the People,

15
Legislative Power controlled by Vice-President's Vote,.

26
Elections liable to Abuse,

62
Abuse of Parliamentary Power,...
Sweeping Clause, not plain ; “Pursuance" equivocal and ambiguous,. 187
Religion; conceived that Jews, Mahometans, and Pagans, are invited to the
United States,..

199

Mr. WILLIAM R. DAVIE (a Member of the Federal Convention) - for in-

vestigating the Subject, and discussing Clause by Clause,.

8

System extensive, involving the Principles Federal Government,

12

Powers of the Federal Convention; states some of the Events, and the

Defects of the Confederation, which gave Birth to the Convention,... 16

Negro Representation ; Jealousies of the East; one Kind of Property entitled
to Representation as well as any other, &c.,.....

30

42-Vice-President, Reasons why introduced; Consolidation not intended ;

Representatives,

Confederacies ; Amphictyonic; European,

Rhode Island, her Conduct; Elections; true Construction of the Clause,. 60

Rhode Island; Party Influence, &c.; Elections, &c.,....

65

Journal; Publication; necessary to conceal it during the Confederation,.... 72

Principle on which the Constitution was formed,

102

Treaty-making Power, in all Countries, placed in the Executive Depart-

ment, 119. States would not confederate without an equal Voice in the

Formation of Treaties; Separation of Powers, 120. President's Election

on fair Principles ; his Nominations,..

122

Senatorial Term of Service; thirteen Councillors would destroy Presidential

Responsibility, 122. State Sovereignty represented in the Senate; Treaty;
Laws, their Execution; Judiciary; prohibitory Provisions ought to

58

59

Page

73

Mr. DAVIE, continued

supersede the Laws of particular States, 155. Pine-barren Acts, Paper
money; Debts; executing the Laws, 157. Cognizance of Contro-
versies, 159. Federal Laws conflicting with those of the States; Legisla-
tion on Individuals instead of States ; Treaties; Ends of the Constitution
accomplished by a paramount Judiciary, .

160
Powers granted, &c., 182. Operation on Paper Money; its great Deprecia-
tion; legal Tender, &c.,....

183
Securities, no Power to interfere with them,..

191
Opposed to the previous Question; conditional Ratification alarming, 218
Against standing out, and for Adoption, ....

236
Mr. GOUDY — for certain Rules to govern the Proceedings,

10
Powers of Congress; Tendency to destroy the State Governments,

93
Mr. JAMES GALLOWAY – Congress; Apprehension that it may perpetuate
itself, ...

70
Yeas and Nays; one fifth required,.

73
Slavery ; Manumission apprehended,..

101
Laws supreme; Obligation of Contracts; Redemption of Securities,

190
Mr. HARDIMAN — Defence, where to apply,

99
Mr WHITMILL HILL - Requisition; Taxes, to be paid in Money Loans,... 83
M IREDELL-Full and fair Discussion necessary,: ....

4
Nature of Government; People may model it as they please,.

9
Constitution not a Compact, &c.,..

10
Further Remarks on the Necessity of fully debating the proposed Con-
stitution, ....

13
President's Objections to Bills,

27
Impeachment, a Security for good Behavior in Office, ..

32
Obedience to two Governments,..

35
Senatorial Term; Powers of the Senate; Reference to British Government, 38
Elections; Control by general Government; executive, legislative, and

judicial, separate, an Improvement,
Veto by the President,

74
Taxation; approves the Power by Congress,

91
Powers ought to be competent to the public Safety,

95
Slavery, no Power in Congress to abolish it,..

102
Election; approves the Clause,..

105
Presidential Election; Objections answered, 107. President's Power over
the Military; his Council, their Opinion to be given in Writing ; Ex-

ample of England, 108. Responsibility; Pardon ; Impeachment,.... 110
Sovereignty of the States; Inequality of Suffrage in making Treaties, 125.

Bribes; Impeachment, not proper to render the Senate liable to it; Usage
of discussing Treaties in the British Parliament, 126. Surrender of Terri-
tory without an Act of Parliament; relative Influence of the two Houses
of Parliament, 128. Rulers should be watched; Amendments proposed by
the four States, .

130
No Danger from the Apprehension of Aristocracy; Commons an Overmatch
for King and Lords,...

132
Senate's Power ought to counteract that of the House, to preserve State

Sovereignty, 133. Choice of President and Senators; Mode of nominat-
ing; Approval of the Senate; Influence of the House preponderating, 134
Trial by Jury; the best ; its Omission owing to the Difficulty of establishing

a uniform Mode, 144. Old Confederation ; Quotas; Debts; Supreme
Court; Stamp Act; Bill of Rights, absurd and dangerous,

147
Juries may be either in superior or inferior Courts,..

152
Trial by Jury; omitted from the Difficulty of the Case, in the Convention,
arising from the different Modes that obtain in the States,.;

... 164
Jury Trial further noticed; Constitution should define Authority, so as to

leave no Doubt; Congress claiming Power not given, a Usurpation,..... 170
Slaves, emancipated in some of the Northern States; “Persons,” escaping,

shall be delivered up to those entitled to Service; Reasons why the
Northern Delegates objected to the word “Slave" being mentioned in the
Constitution, ..

... 176
Amendments may be made ; Suffrage in the Senate; Compromise on
Slavery, &c.,,...

1779
Three Fourths may call a Convention to amend,,

178
Laws consistent with the Constitution binding on the People ; Powers