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federal senators and representatives; these electors to CHAPTER meet in their respective states, and vote by ballot for two persons, one of them, at least, not a citizen of the same 1787. state with themselves. The candidate having the greatest number of votes was to be president; the one having the next highest number to be vice-president; but a majority of all the votes given was required in both cases. If there were two having the same majority, the House of Representatives, voting by states, was to determine. who should be president. If no one had a majority, the House of Representatives, voting also by states, was to choose a president from among the five highest candidates; the one not chosen president who had the highest number of votes to be vice-president, or, in case of a tie, the Senate to choose between the two. The vote by states, when no one had a majority of the electoral votes, was a concession to the State Rights party. In case the election devolved on Congress, two thirds of the states must be present to constitute a quorum.

The President was required to be thirty-five years of age, and native born, or a citizen at the adoption of the Constitution. The nomination of federal judges, and of all other federal officers, civil and military, except a federal treasurer, to be elected by Congress in joint ballot of the two houses, was given to the President, subject, however, to the consent and approbation of the Senate. The ratification of treaties was vested in the President, with the advice and consent of two thirds of the Senate. The Senate was also made a court for the trial of impeachments; if the President were tried, the chief justice to preside. An attempt was made by Madison and Wilson to reinstate, from Randolph's first draft, a Council of Revision, to be composed of the President and the judges of the Supreme Court, with a modified negative

CHAPTER on all laws. C. C. Pinckney objected to involving the

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An attempt 1787. to establish a privy council for the President failed also; but he was authorized to call for the opinions, in writing, of the principal executive officers.

When the article came up providing for the mutual delivery of fugitives from justice, a motion was made by Butler, seconded by C. Pinckney, that fugitive slaves and servants be included. Wilson objected that this would require a delivery at the public expense. Sherman saw no more propriety in the public seizing and surrendering a Aug. 29. servant than a horse. Butler withdrew his motion; but the next day he introduced a clause substantially the same with that now found in the Constitution, which provides that "no person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." Evidently copied from one of the provisions of the old New England Confederation, framed probably with the aid of some New England member, this article was agreed to without remark.

Sept. 10.

Provision was made, with little objection, for amending the Constitution on the proposition of two thirds of both houses of Congress, and with the consent of three fourths of the states. The new government was required to fulfill the engagements and pay the debts of the old When ratified by nine states, the largest majority required by the Articles of Confederation, the new system was to go into operation as to those nine states, without waiting for the others a wise provision, the necessity for which past experience had taught.

one.

By the time the draft had been gone through with,

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most of the provisions of the Constitution had received CHAPTER their final shape, pending which process a new modification of parties had appeared. Several members, very de- 1787. cided against a mere confederation and the equality of Sept. 10. the states in the Legislature, began now to be afraid of the very national government they had helped to create; while, on the other hand, several who had struggled hard in the earlier debates for state equality, had contributed, by their recent votes, to strengthen the executive, as something of a counterbalance to the legislative weight of the larger states. Others still, whose mark had not been reached, and who complained of the proposed system as much too feeble, avowed, however, their intention to support it, as the best that could be got. Of this class was Hamilton, who had lately returned and resumed his seat in the Convention. He was one of a committee, along with Johnson, Gouverneur Morris, Madison, and King, to whom the draft was referred for revision of its style and arrangement. From this committee the Constitution

came back nearly in its present form.

It had been formerly agreed, and it so stood in this new draft, that, to pass laws against the President's veto, a vote of three fourths should be required-a provision very offensive to some members, and now altered by substituting two thirds for three fourths. Gerry and Mason moved a committee to prepare a bill of rights. Sherman thought the state bills of rights sufficient, and the motion was lost by a tie vote, Massachusetts divided, New York not voting, five northern states for it, five southern states against it. Some difficulty, perhaps, was apprehended by the South in drawing up a bill of rights to square with the existence of slavery. A clause, moved by Mason, was adopted, allowing the states to enact inspection laws, subject to the control of Congress.

CHAPTER
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The Constitution, as reported, was then taken up, clause by clause, to receive its final corrections and the 1787. sanction of the Convention. Besides some verbal alterations, the reservation to Congress of the appointment of the treasurer was struck out, against the vote of the three larger states; Congress was empowered to vest in the President alone, the courts of law, or the heads of departments, the appointment of inferior officers; and was required, on the application of two thirds of the states, to call a convention for revising the Constitution, provided, however, that all amendments should be approved by three fourths of the states, and that no state, without its own consent, should be deprived of its equal vote in the Senate. Sherman wished to couple with this latter proviso a like security to the internal police of the states. In this form the proposition failed, only Connecticut, New Jersey, and Delaware voting for it. To appease the circulating murmurs of the small states, the clause respecting equal suffrage in the Senate was moved separately, and unanimously adopted.

Several other amendments were offered: one by Franklin, to authorize Congress to cut canals; another by Madison, conferring a general power to establish corporations, in cases for which the power of the states was insufficient; a third by Madison and Pinckney, for the establishment of a national university; a fourth by Gerry, extending to Congress the prohibition laid on the states to pass laws violating the obligation of contracts. But, at this stage of the proceedings, a great disinclination was exhibited to entertain new propositions of any sort, and all these amendments fell to the ground.

The revised draft being gone through with, Randolph moved to provide for the calling of a second convention, to consider such amendments as might be proposed by the

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states. In seconding this motion, Mason declared his CHAPTER belief that the proposed Constitution would result in a monarchy or a tyrannical aristocracy, and signified his 1787. intention not to sign it. Gerry expressed a similar determination. Besides certain minor objections peculiar to each, Randolph, Mason, and Gerry all agreed in special dissatisfaction at the extended and indefinite powers conferred on Congress and the executive.

On the other hand, Charles Pinckney objected "to the contemptible weakness and dependence of the executive." He objected, also, as did other southern members, to the power of a bare majority of Congress over commerce. But, from Randolph's proposal, he thought nothing would ensue but confusion. "Apprehending danger of general disorder, and ultimate decision by the sword, he should give the proposed Constitution his support." Randolph's proposition was unanimously rejected; and the Constitution, as amended, being agreed to by all the states pres- Sept. 15. ent, was ordered to be engrossed.

When the engrossed copy was brought in for signa- Sept. 17. ture, Franklin rose with a written speech in his hand, which Wilson read, a genial attempt to smooth the ruffled tempers of some of the delegates, and to gain for the Constitution unanimous signature. It proposed a form, suggested by Gouverneur Morris, one which might be signed without implying personal approval of the Constitution: "Done by consent of the states present. In testimony whereof, we have subscribed," &c.

As one step toward conciliation, Gorham proposed to reduce the minimum ratio of representation in the Lower House from 40,000 to 30,000. In rising to put this question, Washington addressed the Convention, urging compliance, and the motion was carried unanimously.

Morris suggested that the proposed form of signature