The First Clause, which added letters of marque and reprisal to the existing power to declare war, (Article VII) was approved without opposition.
The Second Clause: “To add to the clause "to raise and support armies," (Article VII) the words "but no appropriation of money to that use shall be for a longer term than two years."
Elbridge Gerry was all over this one. (Previous debate nixed standing armies) Why two year appropriations? Did this not imply standing forces? The people would not allow this.
Roger Sherman also supported limitations on peacetime armies, but saw no danger. Congress lasted for two years, would not always be in session and was not required, but only allowed to make two year appropriations.
The Second Clause passed without opposition.
Governeur Morris motioned and Charles Pinckney seconded to postpone the Third Clause, “Instead of Article VI, Section 12, say-"All bills for raising revenue shall originate in the House of Representatives, and shall be subject to alterations and amendments by the Senate: no money shall be drawn from the Treasury, but in consequence of appropriations made by law." Mr. Morris wished to see how other clauses were voted on prior.
Mr. Morris’ motion to postpone passed 9-2.
(Roger Sherman made reference to, I believe, the compromise over equal State representation in the Senate. In so many words, he told the Small States to not screw up the origination of money bills in the House.)
The Fourth Clause; Immediately before the last clause of Article VII Section 1, insert "To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may by Cession of particular States and the acceptance of the Legislature become the seat of the Government of the U. S. and to exercise like authority over all places purchased for the erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful buildings"
The first portion relating to the seat of government was agreed to without opposition.
On the remainder of the clause regarding forts . . .
Elbridge Gerry worried of abuse. Unlimited power to buy property could be used to enslave any State. What of the intimidation factor of federal forts?
Rufus King motioned, and Governeur Morris seconded to require State Legislature consent to buy the property to build forts, magazines . . . this would render the clause safe.
The amended clause passed without opposition.
The Fifth Clause, "To promote the progress of Science and [FN2] useful arts by securing for limited times to authors & inventors, the exclusive right to their respective writings and discoveries," passed without opposition.
Elbridge Gerry gave notice he will motion to reconsider Articles XIX to XXII.
Hugh Williamson also gave notice to revisit the apportionment clause of the first Constitutional Congress, including the addition of another rep to RI, so as to squelch any suspicions attributable to her absence.
Election of the President, as per the report submitted yesterday by the Committee of Eleven was renewed.
(In short, State Legislatures would vote by the sum of their Congressional delegation. Absent a majority victor, the Senate would elect the President from the five highest vote getters. The number two man would become Vice President.)
Charles Pinckney renewed his opposition to the mode of election, which would surely end up in the Senate almost every time. Thus, the President would be but a tool of that body. Together they would conspire against the House and ensure his repeated reelection.
Elbridge Gerry would reserve judgment as this mode of election until Executive powers were determined.
John Rutlidge opposed both Senatorial election and re-eligibility. He motioned to reconsider Executive election as recommended by the Committee of Detail in early August and postpone debate on the current clause. "He shall be elected by joint ballot by the Legislature to which election a majority of the votes of the members present shall be required: He shall hold his office during the term of seven years; but shall not be elected a second time."
The motion failed 8-2-1.
George Mason mostly repeated the warnings of Mr. Pinckney. The election would end up in the Senate; a sitting President would almost certainly be reelected and given the resulting closeness of the Senate & President, together they could subvert the Constitution. His fears would be largely relieved if, "if such number be a majority of that of the electors" was struck. This would keep Presidential elections out of the Senate. He motioned, and Hugh Williamson seconded.
Hugh Williamson also forecast corruption if left to the Senate.
Governeur Morris, a member of the reporting committee did some math to sort of show how the Senate would likely be kept out.
George Mason said if there was no danger of no majority in the first case, why not give the point to those who think otherwise?
Roger Sherman brought up the Large/Small State divide. While the Small would have the advantage in a Senate Election, the Large had the advantage in nominee selection.
Mr. Mason’s motion to strike, "if such number be a majority of that of the electors,” failed 10-1.
James Wilson motioned to replace “Senate” with “Legislature.”
James Madison preferred to remove Presidential elections from the Congress entirely.
Governor Edmund Randolph feared, as the plan was developing, an eventual monarchy and effective and dangerous aristocracy in the Senate.
John Dickinson favored Congressional election over Senatorial election.
Mr. Wilson’s motion failed 7-3-1.
James Madison and Hugh Williamson motioned to replace “majority” with “one third.” It would keep nearly all elections out of the Senate.
Elbridge Gerry noted it would allow just three or four States to determine the election.
The motion of Mr. Madison and Mr. Williamson failed 9-2.
Elbridge Gerry motioned six Senators and seven Congressmen be selected by joint ballot to elect the President.
Rufus King said the obvious; Large States had the upper hand in candidate selection while Small States could dominate the election.
George Mason motioned and Elbridge Gerry seconded, the list of candidates be limited to the highest three rather than five.
Roger Sherman (Probably reflected frustration with the slow and wandering process) threatened to walk or give up the plan. He preferred seven to thirteen candidates.
Mr. Mason’s motion failed 9-2.
Richard Spaight (NC) and John Rutlidge motioned thirteen candidates.
Likewise, the motion of Mr. Spaight failed 9-2 as well.
George Mason let lose a blast. He “would prefer the Government of Prussia,” as opposed to the Aristocratic one developing.
(This may be the moment George Mason turned to opposing the Constitution. He would be second only to Patrick Henry in bluster against it at the Virginia Ratifying Convention.)
Adjourned.
Constitutional Convention Ping!