Friday MCHENRY August 10 be acting in its legislative capacity" in order to extend the provision to the Senate when exercising its peculiar authorities (and to insert "except such parts thereof as in their judgment require secrecy" after the words "publish them”). -(It was thought by others that provision should be made with respect to these when that part came under consideration which proposed to vest those (additional) authorities in the Senate.) On this question for striking out the words "when acting in its Legislative capacity" N. H. divd. Mas ay. Ct. no. N. J. no. Pa. no. Del. ay. Md. Va. ay- N. C. ay. S. C- ay. Geo. ay- [Ayes-7; noes-3; divided — 1.] ay. Adjourned MCHENRY August 10. Sect. 2. dissented to. Sects. 3. 4 5 and 6 agreed to.18 18 See Appendix A, CXLVIa. SATURDAY, AUGUST 11, 1787. JOURNAL Saturday August 11. 1787. It was moved and seconded to amend the first clause of the 7 sect. of the 6 article to read as follows namely "Each House shall keep a Journal of it's proceedings, and "shall from time to time publish the same; except such part "of the proceedings of the Senate when acting not in it's "Legislative capacity as may be judged by that House to "require secrecy" --- which passed in the negative. [Ayes I; noes - 10.]1 It was moved and seconded to insert in the first clause of the 7 sect of the 6 article after the word "thereof" the following words "relative to Treaties and military operations" which passed in the negative. [Ayes - 2; noes — 9.]2 [On the 1st clause of the 7 sect. of the 6 article as reported Ayes II; noes O. except such parts thereof as in their judgment require secrecy. To agree to the last clause of the 7 sect of the 6 art. . -II; noes—o.]3 On the question to agree to the 7. sect. of the 6 article as amended it passed in the affirmative [To commit the 2nd clause of the 7 sect. 6 art. Ayes 1 Vote 273, Detail of Ayes and Noes, which notes that it was "Mr. Madison's amendmt". 2 Vote 274, Detail of Ayes and Noes, which states the question more correctly. Saturday JOURNAL August II Ayes nor to any other place than that at which the two Houses are sitting" 8 sect. 6 article Io; noes 1.]♦ It was moved and seconded to alter the 8th sect. of the 6. article to read as follows, namely, "The Legislature shall at their first assembling determine "on a place at which their future Sessions shall be held: "neither House shall afterwards, during the Session of the "House of Representatives, without the consent of the other, 'adjourn for more than three days, nor shall they adjourn to "any other place than such as shall have been fixed by law" which passed in the negative It was moved and seconded to prefix the following words to the 8 sect. of the 6 article, namely "During the session of the Legislature' and to strike out the last clause of the section which passed in the affirmative 995 On the question to agree to the 8 sect. of the 6 article as amended. it passed in the affirmative It was moved and seconded to reconsider the 5. sect. of the 4. article which passed in the affirmative [Ayes-8; noes-2; divided - 1.] and monday next was assigned for the reconsideration And then the House adjourned till Monday next at II o'Clock A. M. Votes 278-279. Detail of Ayes and Noes. The former probably refers to Section 8 rather than Section 7, see Madison's record. 'McHenry reports this on August 14. [273] no no no [274] no aye aye [275] aye aye aye [276] dd aye aye no no no no aye no no no To agree to Mr Madi- 110 no no no no no no no no except such parts there- 2 9 aye aye aye aye aye aye aye aye On the 1st clause of the 11 aye no no no aye aye no aye except such parts there- 6 4 [277] aye aye aye aye aye aye aye aye aye aye aye To agree to the last clause of the 7 sect of aye aye no no aye no no no To commit the 2nd 4 7 clause of the 7 sect. 6 [280] aye aye aye no aye aye no aye aye dd aye To reconsider 5 sect 4 8 2 1 article Monday assigned MADISON Saturday Augst. II. in Convention Mr (Madison) & Mr. Rutlidge moved "that each House shall keep a journal of its proceeding, & (shall) publish the same from time to time; except such (part) of the proceedings of the Senate, when acting not in its Legislative capacity as may (be judged by) that House (to) require secrecy." Mr. Mercer. This implies that other powers than legislative will be given to the Senate which he hoped would not be given. Saturday MADISON August II Mr. Madison) & Mr. R's motion. was disagd. to by all the States except Virga. Mr. Gerry & Mr. Sharman moved to insert after the words "publish them" the following "except such as relate to treaties & military operations." Their object was to give each House a discretion in such cases. - On this question N. H- no. Mas- ay. Ct. ay. N- J. no. Pa. no. Del- no. Va. no. N. C. no. S. C. no. Geo. no. [Ayes 2; noes - 8.] Mr. Elseworth. As the clause is objectionable in so many shapes, it may as well be struck out altogether.' The Legislature will not fail to publish their proceedings from time to time The (people) will call for it if it should be improperly omitted. Mr. Wilson thought the expunging of the clause would be very improper. The people have a right to know what their Agents are doing or have done, and it should not be in the option of the Legislature to conceal their proceedings. Besides as this is a clause in the existing confederation, the not retaining it would furnish the adversaries of the reform with a pretext by which weak & suspicious minds may be easily misled. Mr. Mason thought it would give a just alarm to the people, to make a conclave of their Legislature. Mr. Sherman thought the Legislature might be trusted in this case if in any. Question on Ist. part of the Section, down to "publish them" inclusive: Agreed to nem. con. Question on the words to follow, to wit except such parts thereof as may in their Judgment require secrecy." N. H. divd. Mas. ay. Ct. ay. N. J- ay. Pa. no. Del– no. Md. no. Va. ay- N. C. ay. S. C. no. Geo. ay-[Ayes-6; noes-4; divided - 1.] con. The remaining part as to yeas and nays. agreed to nem. Art VI. sect. 8. taken up.9 Vote 274, Detail of Ayes and Noes, includes Maryland in the negative. "On the debate which follows, see Appendix A, CCXII, CCXXVII. See Appendix A, CCIX. Article VI, Sect. 8. "Neither House, without the consent of the other, shall |