Senate;" and insert the words used in the Constitution of Massachusetts on the same subject, viz: "but the Senate may propose or concur with amendments, as in other bills;" which was agreed to, nem.

con.

On the question on the first part of the clause, "all bills for raising revenue shall originate in the House of Representatives,"

New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, aye,-9; Delaware, Maryland,

no,- 2.

Mr. GOUVERNEUR MORRIS moved to add to the third clause of the Report made on the fourth of September, the words, "and every member shall be on oath;" which being agreed to, and a question taken on the clause, so amended, viz: "The Senate of the United States shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present; and every member shall be on oath,"

New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, aye,-9; Pennsylvania, Virginia, no,- 2.

Mr. GERRY repeated his motion above made, on this day, in the form following: "The Legislature shall have the sole right of establishing offices not heretofore provided for;" which was again nega

* This was a conciliatory vote, the effect of the compromise formerly alluded to. See note, page 1501.

tived, -Massachusetts, Connecticut, and Georgia,

only, being aye.

Mr. MCHENRY observed, that the President had not yet been anywhere authorized to convene the Senate, and moved to amend Article 10, Section 2, by striking out the words, "He may convene them [the Legislature] on extraordinary occasions;" and inserting, "He may convene both, or either of the Houses, on extraordinary occasions." This, he added, would also provide for the case of the Senate being in session at the time of convening the Legislature.

Mr. WILSON said he should vote against the motion, because it implied that the Senate might be in session when the Legislature was not, which he thought improper.

On the question, - New Hampshire, Connecticut, New Jersey, Delaware, Maryland, North Carolina, Georgia, aye,-7; Massachusetts, Pennsylvania, Virginia, South Carolina, no, — 4.

A committee was then appointed by ballot, to revise the style of, and arrange, the articles which had been agreed to by the House. The Committee consisted of Mr. JOHNSON, Mr. HAMILTON, Mr. GouvERNEUR MORRIS, Mr. MADISON, and Mr. KING.

Mr. WILLIAMSON moved, that, previous to this work of the Committee, the clause relating to the number of the House of Representatives should be reconsidered, for the purpose of increasing the number.

Mr. MADISON seconded the motion.

Mr. SHERMAN opposed it. He thought the provision on that subject amply sufficient.

Colonel HAMILTON expressed himself with great earnestness and anxiety in favor of the motion. He

avowed himself a friend to a vigorous government, but would declare at the same time, he held it essential that the popular branch of it should be on a broad foundation. He was seriously of opinion, that the House of Representatives was on so narrow a scale, as to be really dangerous, and to warrant a jealousy in the people, for their liberties. He remarked, that the connexion between the President and Senate would tend to perpetuate him, by corrupt influence. It was the more necessary on this account that a numerous representation in the other branch of the Legislature should be established.

On the motion of Mr. WILLIAMSON to reconsider, it was negatived,*

Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye, -5; New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, no,-6.

Adjourned.

MONDAY, SEPTEMBER 10TH.

In Convention. -Mr. GERRY moved to reconsider Article 19, viz: "On the application of the Legislatures of two thirds of the States in the Union, for an amendment of this Constitution, the Legislature of the United States shall call a Convention for that purpose," (see the sixth of August, - page 1241.)

This Constitution, he said, is to be paramount to

This motion and vote are entered on the printed Journal of the ensuing morning.

the State Constitutions. It follows, hence, from this article, that two thirds of the States may obtain a Convention, a majority of which can bind the Union to innovations that may subvert the State Constitutions altogether. He asked whether this was a situation proper to be run into.

Mr. HAMILTON seconded the motion; but, he said, with a different view from Mr. GERRY. He did not object to the consequences stated by Mr. GERRY. There was no greater evil in subjecting the people of the United States to the major voice, than the people of a particular State. It had been wished by many, and was much to have been desired, that an easier mode of introducing amendments had been provided by the Articies of the Confederation. It was equally desirable now, that an easy mode should be established for supplying defects which will probably appear in the new system. The mode proposed was not adequate. The State Legislatures will not apply for alterations, but with a view to increase their own powers. The National Legislature will be the first to perceive, and will be most sensible to, the necessity of amendments; and ought also to be empowered, whenever two thirds of each branch should concur, to call a Convention. There could be no danger in giving this power, as the people would finally decide in the case.

Mr. MADISON remarked on the vagueness of the terms, "call a Convention for the purpose," as sufficient reason for reconsidering the article. How was a Convention to be formed?-- by what rule decide? what the force of its acts?

On the motion of Mr. GERRY to reconsider,

Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye,-9; New Jersey, no,- 1; New Hampshire, divided.

Mr. SHERMAN moved to add to the article: "or the Legislature may propose amendments to the several States for their approbation; but no amendments shall be binding until consented to by the several States."

Mr. GERRY seconded the motion.

Mr. WILSON moved to insert, "two thirds of," before the words, "several States;" on which amendment to the motion of Mr. SHERMAN,

New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, aye, 5; Massachusetts, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, no, — 6.

Mr. WILSON then moved to insert, "three fourths of," before "the several States"; which was agreed to, nem. con.

Mr. MADISON Moved to postpone the consideration of the amended proposition, in order to take up the following:

"The Legislature of the United States, whenever two thirds of both houses shall deem necessary, or on the application of two thirds of the Legislatures of the several States, shall propose amendments to this Constitution, which shall be valid to all intents and purposes as part thereof, when the same shall have been ratified by three fourths, at least, of the Legislatures of the several States, or by conventions in three fourths thereof, as one or the other mode of ratification may be proposed by the Legislature of the United States."