The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 26

The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 26

"No soldier shall be quartered in any house in time of peace without consent of the owner."

"No person holding the office of President of the U. S. a Judge of their supreme Court, Secretary for the department of Foreign Affairs, of Finance, of Marine, of War, or of ----, shall be capable of holding at the same time any other office of Trust or emolument under the U. S. or an individual State."

"No religious test or qualification shall ever be annexed to any oath of office under the authority of the U. S."

"The U. S. shall be forever considered as one Body corporate and politic in law, and ent.i.tled to all the rights privileges and immunities, which to Bodies corporate ought to or do appertain."

"The Legislature of the U. S. shall have the power of making the Great Seal which shall be kept by the President of the U. S. or in his absence by the President of the Senate, to be used by them as the occasion may require.--It shall be called the Great Seal of the U. S. and shall be affixed to all laws."

"All commissions and writs shall run in the name of the U.S."

"The Jurisdiction of the Supreme Court shall be extended to all controversies between the U. S. and an individual State, or the U. S.

and the Citizens of an individual State."

These propositions were referred to the Committee of detail without debate or consideration of them by the House.

M^r Gov^r Morris 2^{ded} by M^r Pinkney, submitted the following propositions which were in like manner referred to the Committee of Detail.

"To a.s.sist the President in conducting the Public affairs there shall be a Council of State composed of the following officers--1. The Chief Justice of the Supreme Court, who shall from time to time recommend such alterations of and additions to the laws of the U. S. as may in his opinion be necessary to the due administration of Justice, and such as may promote useful learning and inculcate sound morality throughout the Union: He shall be President of the Council in the absence of the President.

2. The Secretary of Domestic affairs who shall be appointed by the President and hold his office during pleasure. It shall be his duty to attend to matters of general police, the State of Agriculture and manufactures, the opening of roads and navigations, and the facilitating communications thro' the U.

States; and he shall from time to time recommend such measures and establishments as may tend to promote those objects.

3. The Secretary of Commerce and Finance who shall also be appointed by the President during pleasure. It shall be his duty to superintend all matters relating to the public finances, to prepare & report plans of revenue and for the regulation of expenditures, and also to recommend such things as may in his Judgment promote the commercial interests of the U. S.

4. The Secretary of foreign affairs who shall also be appointed by the President during pleasure. It shall be his duty to correspond with all foreign Ministers, prepare plans of Treaties, & consider such as may be transmitted from abroad, and generally to attend to the interests of the U. S. in their connections with foreign powers.

5. The Secretary of War who shall also be appointed by the President during pleasure. It shall be his duty to superintend every thing relating to the war Department, such as the raising and equipping of troops, the care of military stores, public fortifications, a.r.s.enals & the like--also in time of war to prepare & recommend plans of offence and Defence.

6. The Secretary of the Marine who shall also be appointed during pleasure--It shall be his duty to superintend every thing relating to the Marine Department, the public ships, Dock Yards, naval Stores & a.r.s.enals--also in the time of war to prepare and recommend plans of offence and defence.

The President shall also appoint a Secretary of State to hold his office during pleasure; who shall be Secretary to the Council of State, and also public Secretary to the President. It shall be his duty to prepare all Public dispatches from the President which he shall countersign.

The President may from time to time submit any matter to the discussion of the Council of State, and he may require the written opinions of any one or more of the members: But he shall in all cases exercise his own judgment, and either Conform to such opinions or not as he may think proper; and every officer above mentioned shall be responsible for his opinion on the affairs relating to his particular Department.

Each of the officers above mentioned shall be liable to impeachment & removal from office for neglect of duty malversation or corruption."

M^r Gerry moved "that the Committee be instructed to report proper qualifications for the President, and a mode of trying the Supreme Judges in cases of impeachment."

The clause "to call forth the aid of the Militia &c. was postponed till report should be made as to the power over the Militia referred yesterday to the Grand Committee of eleven.

M^r Mason moved to enable Congress "to enact sumptuary laws." No Government can be maintained unless the manners be made consonant to it.

Such a discretionary power may do good and can do no harm. A proper regulation of excises & of trade may do a great deal but it is best to have an express provision. It was objected to sumptuary laws that they were contrary to nature. This was a vulgar error. The love of distinction it is true is natural; but the object of sumptuary laws is not to extinguish this principle but to give it a proper direction.

M^r Elseworth. The best remedy is to enforce taxes & debts. As far as the regulation of eating & drinking can be reasonable, it is provided for in the power of taxation.

M^r Gov^r Morris argued that sumptuary laws tended to create a landed n.o.bility, by fixing in the great-landholders and their posterity their present possessions.

M^r Gerry, the law of necessity is the best sumptuary law.

On Motion of M^r Mason "as to sumptuary laws"

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. ay. M^d ay.

V^a no. N. C. no. S. C. no. Geo. ay.

"And to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Const.i.tution, in the Government of the U. S. or any department or officer thereof."

M^r Madison and M^r Pinkney moved to insert between "laws" and "necessary" "and establish all offices," it appearing to them liable to cavil that the latter was not included in the former.

M^r Gov^r Morris, M^r Wilson, M^r Rutlidge and M^r Elseworth urged that the amendment could not be necessary.

On the motion for inserting "and establish all offices"

N. H. no. Ma.s.s. ay. C^t no. N. J. no. P^a no. Del. no. M^d ay.

V^a no. N. C. no. S. C. no. Geo. no.

The clause as reported was then agreed to nem. con.

Art: VII Sect. 2. concerning Treason which see.

M^r Madison, thought the definition too narrow. It did not appear to go as far as the Stat. of Edw^d III. He did not see why more lat.i.tude might not be left to the Legislature. It w^d be as safe as in the hands of State legislatures. And it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused.

M^r Mason was for pursuing the Stat: of Edw^d III.

M^r Gov^r Morris was for giving to the Union an exclusive right to declare what sh^d be treason. In case of a contest between the U. S. and a particular State, the people of the latter must under the disjunctive terms of the clause, be traitors to one or other authority.

M^r Randolph thought the clause defective in adopting the words, "in adhering" only. The British Stat: adds, "giving them aid and comfort"

which had a more extensive meaning.

M^r Elseworth considered the definition as the same in fact with that of the Statute.

M^r Gov^r Morris "adhering" does not go so far as "giving aid and comfort" or the latter words may be restrictive of "adhering," in either case the Statute is not pursued.

M^r Wilson held "giving aid and comfort" to be explanatory, not operative words; and that it was better to omit them.

M^r d.i.c.kenson, thought the addition of "giving aid and comfort"

unnecessary & improper; being too vague and extending too far. He wished to know what was meant by the "testimony of two witnesses" whether they were to be witnesses to the same overt act or to different overt acts.

He thought also that proof of an overt act ought to be expressed as essential in the case.

Doc^r Johnson considered "giving aid & comfort" as explanatory of "adhering" & that something should be inserted in the definition concerning overt acts. He contended that Treason could not be both ag^{st} the U. States--and individual States; being an offence ag^{st} the Sovereignty which can be but one in the same community.

M^r Madison remarked that "and" before "in adhering" should be changed into "or" otherwise both offences viz. of "levying war," & of adhering to the Enemy might be necessary to const.i.tute Treason. He added that, as the definition here was of treason against _the U. S._ it would seem that the individual States w^d be left in possession of a concurrent power so far as to define & punish treason particularly ag^{st} themselves; which might involve double punishm^t.

It was moved that the whole clause be recommitted which was lost, the votes being equally divided.

N. H. no. Mas. no. C^t no. N. J. ay. P^a ay. Del. no. M^d ay.

V^a ay. N. C. div^d. S. C. no. Geo. ay.