Thursday MCHENRY August 23 lature of the U. S. and of this constitution, so as that the constitution and laws made in pursuance thereof etc should be the supreme laws of the several States The IX article being taken up, It was motioned that no treaty should be binding till it received the sanction of the legislature. It was said" that a minister could not then be instructed by the Senate who were to appoint him, or if instructed there could be no certainty that the house of representatives would agree to confirm what he might agree to under these instructions. To this it was answered 18 that all treaties which contravene a law of England or require a law to give them operation or effect are inconclusive till agreed to by the legislature of Great Britain. Except in such cases the power of the King without the concurrence of the parliament conclusive. Mr. Maddison. the Kings power over treaties final and original except in granting subsidies or dismembering the empire. These required parliamentary acts. Commiteed. Adjourned. 17 By Gorham. 18 By Wilson. FRIDAY, AUGUST 24, 1787. JOURNAL Friday August 24. 1787. The honorable Mr Livingston, from the Committee of eleven to whom were referred the two remaining clauses of the 4th section, and the 5th and 6th sections of the 7 article, informed the House that the Committee were prepared to report. The report was then delivered in at the Secretary's table, was once read, and is as follows. "Strike out so much of the 4th section of the 7th article 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 5th section to remain as in the report" "The 6th section to be stricken out" It was moved and seconded to reconsider the 1st clause Ist Sect. 7 article which passed in the affirmative and to-morrow was assigned for the reconsideration [Ayes 7; noes 2.] It was moved and seconded to postpone the consideration of the 2nd and 3rd sections 9 article. which passed in the negative. [Ayes 3; noes 7.1 It was moved and seconded to strike out the 2nd and 3rd sections of the 9th article which passed in the affirmative [Ayes-8; noes- 2.] Separate questions being taken on the 1st 2nd and 3rd clauses of the 1st section 10th article, as reported, they passed in the affirmative. Friday JOURNAL August 24 It was moved and seconded to strike out the word "Legislature" and to insert the word "People" in the 1st section 10th article. which passed in the negative [Ayes-2; noes- 9.1 It was moved and seconded to insert the word "joint" before the word "ballot" in the 1st section of the 10th article which passed in the affirmative [Ayes -7; noes 4.] It was moved and seconded to add after the word "Legislature" in the 1st section 10th article the words "each State having one vote” -6.] which passed in the negative. [Ayes-5; noes— It was moved and seconded to insert after the word "Legislature" in the Ist sect. of the 10 article the words "to which election a majority of the votes of the Members present shall be required" which passed in the affirmative [Ayes 10; noes On the question to agree to the following clause I.] "and in case the numbers for the two highest in votes "should be equal, then the President of the Senate shall have "an additional casting voice" it passed in the negative. It was moved and seconded to agree to the following amendment to the first sect. of the 10th article "shall be chosen by electors to be chosen by the People of the several States" which passed in the negative. [Ayes -5; noes- 6.] It was moved and seconded to postpone the consideration of the two last clauses of the Ist sect. IO article which passed in the negative It was moved and seconded to refer the two last clauses of the Ist sect. Io article. to a committee of a Member from each State. which passed in the negative. [Ayes — 5; noes — 5; 1.] divided On the question to agree to the following clause "shall be chosen by electors" it passed in the negative [Ayes 4; noes 4; divided — 2.] The consideration of the remaining clauses of the 1st section Friday JOURNAL August 24 Io article was postponed till to-morrow on the request of the Deputies of the State of New Jersey. On the question to transpose the word "information" and to insert it after the word "Legislature" in the first clause of the 2 sect. IO article it passed in the affirmative It was moved and seconded to strike out the words "he may' and to insert the word "and" before the word "recommend" in the second clause of the 2 sect. 10 article which passed in the affirmative It was moved and seconded to insert the word "and" after the word "occasions" in the 2 sect. Io article; which passed in the affirmative It was moved and seconded to insert the word "shall" before the words "think proper" 2 sect. 10 article. which passed in the affirmative It was moved and seconded to strike out the words "officers" and to insert the words "to offices" after the word "appoint" in the 2 sect. of the 10 article which passed in the affirmative It was moved and seconded to insert the words "or by law" after the word "constitution" in the 2nd section of the 10th article which passed in the negative. [Ayes I; noes - 9.] It was moved and seconded to strike out the words "and shall 'appoint to offices in all cases not otherwise provided for by "this Constitution" and to insert the following "and shall appoint to all offices established by this Con'stitution, except in cases herein otherwise provided for, and "to all offices which may here after be created by law.” which passed in the affirmative [Ayes-6; noes — 4.] 1 It was moved and seconded to add the following clause to the last amendment "except where by Law the appointment shall be vested in "the 2 Executives of the several States" 1 Vote 363, Detail of Ayes and Noes, which notes that it was "Mr. Dickinson's amendment". 2 Crossed out "legislatures or", this striking out was an amendment. See Madison's record below. Friday JOURNAL August 24 which passed in the negative It was moved and seconded to agree to the following order "That the order respecting the adjournment at four be repealed, and that in future the House assemble at ten and adjourn at three which passed in the affirmative [Ayes 10; noes The House adjourned DETAIL OF AYES AND NOES -o.] aye aye no aye no no [353] aye no aye aye aye To reconsider the 1st 72 sec. 7 article to-morrow no no no aye no aye To postpone ye 2 sect. 37 9 article aye aye aye no aye no To strike out the 2 & 3 8 2 no aye aye no no no no no To strike out the word 29 no aye aye no aye aye aye no To insert the word joint 74 before the word ballot. no aye "each State having One 56 vote" no aye aye aye aye aye aye ayela majority of the votes 10 I of Members present required aye no aye aye no no aye aye aye no aye no no no To be elected by the 56 Electors. aye aye aye aye aye no no no To commit ye 2 last 5 51 clauses I sect. 10 art. aye aye aye dd aye no no no To be elected by Elec- 4 4 2 |