Saturday MCHENRY August 25 N. H. ay- Mas- no. Ct. no- Pa. no- Del. no. Md. ay. Va. no. N― C-ay- S. C. ay- Geo. no. [Ayes — 4; noes - 6.] Adjourned MCHENRY Augt. 25. The clause in the 2 sect. X article, "he shall commission all the officers of the U. S. and shall appoint officers in all cases not otherwise provided for by this constitution, was moved to be amended by adding, except where by law the Executive of the several States shall have the power Amendment negatives. Maryland divided - D. C. and J. against Martin and myself affirm. 19 Moved several propositions to restrict the legislature from giving any preference in duties, or from obliging duties to be collected in a manner injurious to any State, and from establishing new ports of entrance and clerance, unless neglected to be established by the States after application Opposed by Massachusetts - Mr. Gorahm said it might be very proper to oblige vessels, for example, to stop at Norfolk on account of the better collection of the revenue. - Mr. King thought it improper to deliberate long on such propositions but to take the sense of the house immediately upon them. I moved to have them committed to a committee consisting of a member from each State. Committed. Proceeded a little further in the 2 sect. Mr. C. Pinkney gave notice that he would move that the consent of of the whole legislature be necessary to the enacting a law respecting the regulation of trade or the formation of a navigation act. Adjourned to monday. 19 See above note 15. Saturday MCHENRY August 25 The Legislature 20 of the United States shall not oblige Vessels belonging to Citizens thereof, or to foreigners to enter or pay duties or imposts in any other State than in that to which they may be bound, or to clear out in any other than the State in which their Cargoes may be laden on board; Nor shall any priviledge, or immunity be granted to any Vessels on entering clearing out or paying duties or imposts in one State in preference to another-Nor shall vessels owned by Citizens of one State have any preference of vessels owned by Citizens of another State. 20 Found among the McHenry MSS., but not in his handwriting. MONDAY, AUGUST 27, 1787. V JOURNAL Monday August 27. 1787. It was moved and seconded to insert the words "after conviction" after the words "reprieves and pardons" 2 sect. 10 article. (Motion withdrawn). It was moved and seconded to amend the clause giving the command of the militia to the executive to read "and of the militia of the several States when called into the actual service of the United States" 2.] which passed in the affirmative. [Ayes-6; noesIt was moved and seconded to postpone the consideration of the following clause. 2 section. 10 article "He shall be removed from his office on impeachment by "the House of representatives, and conviction in the supreme "Court, of treason, bribery, or corruption" which passed in the affirmative It was moved and seconded to postpone the last clause of the 2 section, 10 article. which passed in the affirmative It was moved and seconded to add the following clause to the oath of office to be taken by the supreme Executive "and will to the best of my judgment and power, preserve, protect and defend the Constitution of the United "States" - 1.] which passed in the affirmative [Ayes-7; noes — It was moved and seconded to insert the words "both in Law and Equity" after the words "United States" I line, I sect, IIth article 2.]1 which passed in the affirmative [Ayes-6; noes-2. 1 Detail of Ayes and Noes ascribes the same question to Votes 376 and 377, and Monday JOURNAL August 27 On the question to agree to the 1st sect. II article as amended. it passed in the affirmative. [Ayes-6; noes — 2.] 1 It was moved and seconded to add the following clause after the word "behaviour" 2 section. II article "Provided that they may be removed by the Executive on "the application by the Senate and House of representatives" which passed in the negative [Ayes 1; noes- -7.] On the question to agree to the 2nd section of the II article as reported it passed in the affirmative 2 It was moved and seconded to insert the words "encreased or" before the word "diminished" in the 2nd section 11th article. which passed in the negative. [Ayes divided 1.] I; noes 5; It was moved and seconded to add the following words to the 2nd section II article "nor encreased by any act of the Legislature, which shall "operate before the expiration of three years after the pass"ing thereof." which passed in the negative [Ayes-2; noes — 5.1 It was moved and seconded to postpone the following clause 3 section II article "to the trial of impeachments of officers of the United "States" which passed in the affirmative. It was moved and seconded to add the following words after the word "controversies" 3 sect. II article "to which the United States shall be a Party" which passed in the affirmative It was moved and seconded to insert the words "this constitution the" before the word "laws" 2 line 3 sect, II article. which passed in the affirmative It was moved and seconded to strike out the words "passed is evidently in error in reading "2 Sect.", instead of "I Sect." Madison gives these same votes at this point in the day's proceedings, and they are assigned to the two questions in the Journal on Section 1 of Article XI. 2 * Journal (p. 297) ascribes Vote 376, Detail of Ayes and Noes, to this question. Monday JOURNAL August 27 by the Legislature" and to insert after the words "United States" the words "and treaties made or which shall be made under their authority" which passed in the affirmative It was moved and seconded to insert the word "controversies" before the words "between two" or which passed in the affirmative It was moved and seconded to postpone the following clause "in cases of impeachment" which passed in the affirmative It was moved and seconded to insert the words "the United States or" before the words "a State shall be a party" which passed in the affirmative It was moved and seconded to agree to the following amend ment. In all the other cases beforementioned original jurisdiction shall be in the Courts of the several States but with appeal both as to Law and fact to the courts of the United States, with such exceptions and under such regulations, as the Legislatures shall make. The last motion being withdrawn, It was moved and seconded to amend the clause to read "In cases of impeachment, cases affecting Ambassadors, "other public Ministers and Consuls, and those in which a "State shall be Party, this jurisdiction shall be original In "all the other cases before mentioned it shall be appellate "both as to law and fact with such exceptions and under such "regulations as the Legislature shall make" which passed in the affirmative It was moved and seconded to add the following clause to the last amendment. "But in cases in which the United States shall be a Party "the jurisdiction shall be original or appellate as the Legisla"ture may direct" [To strike out the words "original or" Ayes -6; noes-2 2.] 3 Vote 381, Detail of Ayes and Noes, but this is inserted here merely because it is the only place that it seems to fit in with the proceedings. |