THURSDAY, AUGUST 23, 1787. JOURNAL Thursday August 23rd 1787. It was moved and seconded to postpone the consideration of the second clause of the report of the Committee of eleven in order to take up the following "To establish an uniform and general system of discipline "for the militia of these States, and to make laws for organ"izing, arming, disciplining and governing such part of them as may be employed in the service of the United States, re"serving to the States respectively the appointment of the "Officers and all authority over the militia not herein given "to the general Government' On the question to postpone it passed in the negative [Ayes-3; noesnoes-8.] It was moved and seconded to postpone the consideration of the second clause of the report of the Committee of eleven in order to take up the following "To establish an uniformity of arms, exercise, and organ"ization for the militia- and to provide for the government "of them when called into the service of the United States" On the question to postpone it passed in the affirmative [Ayes I; noes 10.] 1 It was moved and seconded to recommit the 2nd clause of the report of the Committee of eleven which passed in the negative. 1 Vote 344, Detail of Ayes and Noes, which notes that the motion to postpone was in order "to take up Mr Elsworths amendt". The Journal states that the question "passed in the affirmative", but the Detail of Ayes and Noes records a negative vote, which is confirmed by Madison, and the subsequent action of the Convention makes an affirmative vote impossible. Thursday JOURNAL August 23 On the question to agree to the first part of the 2nd clause of the report, namely "To make laws for organizing, arming, and disciplining "the militia, and for governing such part of them as may be "employed in the service of the United States" it passed in the affirmative [Ayes-9; noes- 2.] It was moved and seconded to amend the next part of the 2nd clause of the report to read 66 'reserving to the States, respectively, the appointment "of the Officers under the rank of general Officers it passed in the negative. [Ayes-2; noes- 9.] On the question to agree to the following part of the 2nd clause of the report, namely, "reserving to the States, respectively, the appointment of "the Officers" it passed in the affirmative On the question to agree to the following part of the 2nd clause of the report, namely, "and the authority of training the militia according to the "discipline prescribed by the United States" it passed in the affirmative [Ayes-7; noes- 4.] 2 It was moved and seconded to agree to the 7 section of the 7 article, as reported, which passed in the affirmative [Ayes 11; noes-o.] It was moved and seconded to insert the following clause after the 7 section of the 7 article. "No person holding any office of profit or trust under the "United States, shall without the consent of the Legislature accept of any present, emolument, office, or title of any kind "whatever, from any king, prince, or foreign State" which passed in the affirmative It was moved and seconded to amend the 8th article to read as follows "This Constitution and the Laws of the United States "made in pursuance thereof, and all treaties made under the authority of the United-States, shall be the supreme law of 2 Vote 347, Detail of Ayes and Noes, which makes an evident mistake in giving the total. Thursday JOURNAL August 23 "the several States, and of their Citizens and inhabitants; "and the Judges in the several States shall be bound thereby "in their decisions; any thing in the constitutions or laws of "the several States to the contrary notwithstanding" which passed in the affirmative On the question to agree to the 8 article as amended it passed in the affirmative It was moved and seconded to strike the following words out of the 18 clause of the 1st section 7 article "enforce treaties" which passed in the affirmative It was moved and seconded to alter the first part of the 18 clause of the 1st section, 7 article to read "To provide for calling forth the militia to execute the laws "of the Union, suppress insurrections, and repel invasions" which passed in the affirmative On the question to agree to the 18th clause of the 1st section, 7 article, as amended it passed in the affirmative. It was moved and seconded to agree to the following proposition, as an additional power to be vested in the Legislature of the United States. "To negative all laws passed by the several States inter"fering, in the opinion of the Legislature, with the general "interests and harmony of the Union - provided that two "thirds of the Members of each House assent to the same." It was moved and seconded to commit the proposition which passed in the negative. [Ayes The Proposition was then withdrawn. 5; noes – 6.] It was moved and seconded to amend the 1st section of the 7. article to read "The Legislature shall fulfil the engagements and dis'charge the debts of the United-States, and shall have the 'power to lay and collect taxes, duties, imposts, and excises.” which passed in the affirmative It was moved and seconded to amend the first clause of the first section 9. article to read "The Senate shall have power to treat with foreign na Thursday JOURNAL August 23 "tions, but no Treaty shall be binding on the United States "which is not ratified by a Law." It was moved and seconded to postpone the consideration of the amendment. which passed in the negative. [Ayes 5; noes- -5.] 3 On the question to agree to the amendment. it passed in the negative [Ayes - 1; noes-8; divided — 1]. It was moved and seconded to postpone the considn of the first clause of the 1st sect. 9 article which passed in the affirmative It was moved and seconded to insert the words “and other public ministers" after the word "ambassadors" in the first section 9 article which passed in the affirmative Separate questions being taken on postponing the several clauses of the first sect. 9 article they passed in the affirmative. It was moved and seconded to take up the 1st section of the 9 article, in order to it's being committed which passed in the affirmative. and it was referred to the Committee of five. and then the House adjourned 'Vote 350, Detail of Ayes and Noes, which notes that it was "Mr Morris's amendment". the Comme no To postpone ye 2 clause 110 of the report to take up Mr Elsworths amendt aye aye aye no aye aye aye aye To agree to the 1st part 9 2 of ye 2d clause of the no no no no no no aye no To agree to the appoint- 2 9 ment of the Genl Officers of the militia by the no To agree to the last 8 3 aye aye aye aye aye aye aye aye "The United States shall [347] aye aye aye aye aye no aye no aye no no aye aye aye aye no no not grant titles of no- no To commit the motion 5 6 for giving a negative to the Legislature of the U. S. over the State laws. [350] no no aye aye aye aye aye no no no To postpone Mr Morris's 5 5 amendment to the 1st clause 1st sect. 9 article no aye no no no dd no no To agree to the amend- 18 I ment MADISON In Convention Thursday Aug: 23. 1787 The Report of the Committee of Eleven made Aug: 21. being taken up, and the following clause being under consideration to wit "To make laws for organizing, arming & disciplining the Militia, and for governing such parts of them noes | divided August 23 |