Carolina, Georgia, 6. Nays: New Jersey, South Carolina, 2. Divided: Connecticut, Delaware, 2.

It was then moved and seconded to postpone the consideration of the remaining clauses in the said 4th resolution. And on the question to postpone the remaining clauses of the said 4th resolution, it passed in the affirmative.

It was then moved and seconded to proceed to the consideration of the following resolution, being the 5th submitted by Mr. Randolph:

Resolved, That the members of the second branch of the national legislature ought to be elected by those of the first, out of," &c.

And on the question to agree to the said 5th resolution, it passed in the negative.

Yeas: None. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Delaware, 1.

It was then moved and seconded to proceed to the consideration of the following resolution, being the 6th submitted by Mr. Randolph:

"Resolved, That each branch ought to possess the right of originating acts that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation; and moreover, to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States 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 the Union."

The following words were added to this clause on motion of Mr. Franklin: "or any treaties subsisting under the authority of the Union."

Questions being taken separately on the foregoing clauses of the 6th resolution, they were agreed to.

It was then moved and seconded to postpone the consideration of the last clause of the 6th resolution, namely,

"To call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof."

On the question to postpone the consideration of said clause, it passed in the affirmative.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them

refered, and had directed him to move that they may have leave to sit again.

"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union." And then the house adjourned till to-morrow, at 10 o'clock, A. M.

FRIDAY, June 1, 1787.

The Hon. William Houstoun, Esq., a deputy of the state of Georgia, attended and took his seat.

The following credential was produced and read. [See Georgia Credentials.]

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President in the chair.

In the Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded to proceed to the consideration of the 7th resolution submitted by Mr. Randolph, namely,

"Resolved, That a national executive be instituted; to be chosen by the national legislature, for the term of years; to receive punctually, at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made, so as to affect the magistracy existing at the time of such increase or diminution; and to be ineligible a second time; and that, besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation."

On motion of Mr. Wilson, seconded by Mr. C. Pinckney, to amend the 1st clause of the resolution, by adding, after the word "instituted," the words "to consist of a single person," so as to read,

"Resolved, That a national executive, to consist of a single person, be instituted,"

it was moved and seconded to postpone the consideration of the amendment.

And on the question to postpone, it passed in the affirmative.

It was then moved and seconded to agree to the 1st clause of the resolution, namely,

"" Resolved, That a national executive be instituted."

And on the question to agree to the said clause, it passed in the affirmative.

It was then moved by Mr. Madison, seconded by Mr Wilson, after the word "instituted," to add the words. "with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; and to execute such other powers, not legislative or judiciary in their nature, as may from time to time be delegated by the national legislature."

And on a division of the amendment, the following clauses were agreed to, namely,

"With power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for."

Yeas: Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Connecticut, 1.

On the motion to continue the last clause of the amendment, namely,

"And to execute such other powers, not legislative or judiciary in their nature, as may from time to time be delegated by the national legislature,”— it passed in the negative.

Yeas: Massachusetts, Virginia, South Carolina, 3. Nays: Connecticut, New York, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, 7.

It was then moved and seconded to fill up the blank with the word "seven," so as to read, "for the term of seven years."

And on the question to fill up the blank with the word "seven," it passed in the affirmative.

Yeas: New York, New Jersey, Pennsylvania, Delaware, Virginia, 5. Nays: Connecticut, North Carolina, South Carolina, Georgia, 4. Divided: Masschusetts, 1.

It was then moved and seconded to postpone the consideration of the following words, namely, "to be chosen by the national legislature."

And on the question to postpone, it passed in the affirmative.

It was then moved and seconded, that the committee do now rise, and report a further progress. The committee

then rose.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to them referred, and had directed him to move that they mav have leave to sit again.

"Resolved, That this house will to-morrow again resolve itself into a committee of the whole house, to consider of the state of the American Union."

And then the house adjourned till to-morrow, at 10 o'clock, A. M.

SATURDAY, June 2, 1787

The Hon. William Samuel Johnson, Esq., a deputy of the state of Connecticut, and the Hon. Daniel of St. Thomas Jenifer, a deputy of the state of Maryland, and the Hon. John Lansing, Jun., a deputy from the state of New York, attended and took their seats.

The following credentials were produced and read. [See Credentials.]

The order of the day being read, the house resolved itself into a committee of the whole house, to consider of the state of the American Union. Mr. President left the chair.

In Committee of the whole House.

Mr. Gorham in the chair.

It was moved and seconded to postpone the further con sideration of the resolution submitted by Mr. Randolph, which respects the executive, in order to take up the consideration of the resolution respecting the second branch of the legislature.

And on the question to postpone, it passed in the negative. Yeas: New York, Pennsylvania, Maryland, 3. Nays: Massachusetts, Connecticut, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7.

It was then moved and seconded to postpone the consideration of these words, namely, "to be chosen by the national legislature," in order to take up the following resolution submitted by Mr. Wilson, namely,

"Resolved, That the executive magistracy shall be elected in manner following:

"That the states be divided into

districts, and that the per

members for their re

sons qualified to vote in each district elect spective districts to be electors of the executive magistracy. "That the electors of the executive magistracy ineet, and they or any of them shall elect by ballot, but not out of their own body, whom the executive authority of the national government shall be vested."

person in

And on the question to postpone, it passed in the negative. Yeas: Pennsylvania, Maryland, 2. Nays: Massachusetts, Connecticut, Delaware, Virginia, North Carolina, South Carolina, Georgia, 7. Divided: New York, 1.

It was then moved and seconded to agree to the words in the resolution submitted by Mr. Randolph, so as to read, "to be chosen by the national legislature for the term of seven years."

On the question to agree to these words, it passed in the affirmative.

Yeas: Massachusetts, Connecticut, New York, Delaware, Virginia, North Carolina, South Carolina, Georgia, 8. Nays: Pennsylvania, Maryland, 2.

It was then moved and seconded to postpone the consid eration of that part of the resolution, as submitted by Mr. Randolph, which respects the stipend of the executive, in order to introduce the following motion made by Dr. Franklin, namely,

"Whose necessary expenses shall be defrayed, but who shall receive no salary, stipend, fee, or reward whatsoever, for their services."

And on the question to postpone, it passed in the affirmative.

It was then moved and seconded to postpone the consideration of the said motion offered by Dr. Franklin.

And on the question to postpone, it passed in the affirmative.

It was then moved by Mr. Dickinson, and seconded by Mr. Bedford, to amend the resolution before the committee, by adding, after the words "to be chosen by the national legislature for the term of seven years," the following words: "to be removable by the national legislature upon request by a majority of the legislatures of the individual states."

It was moved and seconded to strike out the words "upon request by a majority of the legislatures of the individual states."

On the question to strike out, it passed in the negative. Yeas: Connecticut, South Carolina, Georgia, 3. Nays: Massachusetts, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 7.

The question being taken to agree to the amendment offered by Mr. Dickinson, it passed in the negative.

Yea: Delaware, 1. Nays: Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, 9.

The question being then taken on the words contained in the resolution submitted by Mr. Randolph, namely, "to pe ineligible a second time," it passed in the affirmative.