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ing to some equitable ratio of representation, namely, in proportion to the whole number of white and other free citizens and inhabitants of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes, in each state.39 vision was inserted with very little opposition at the time, but was brought up again in the convention during the discussion over the Connecticut compromise. After a motion to rate slaves equally with free persons in the apportionment of representatives had been twice defeated the three-fifths compromise was finally adopted. 41

$ 74. Changes Made by the Convention in the Report of the Committee of the Whole.-- From June 20th to July 26th, inclusive, the convention was engaged in the consideration of the report of the Committee of the Whole. Among the important changes made in the report during this period, exclusive of those contained in the Connecticut Compromise, were the following:

The first Resolution was by unanimous agreement changed to read:

"Resolved, That the Government of the United States ought to consist of a supreme Legislative, Executive and Judiciary," instead of, “Resolved, That it is the opinion of this committee that a national government ought to be established, consisting of a supreme Legislative, Executive and Judiciary.” This change was made in order that it should not appear to the public that the Convention considered the Articles of Confederation as not existing

The term of office of members of the lower house of Congress was reduced from three to two years. An age qualification of

41

** See Appendix H.

*" On July 11. Delaware, South (arolina, Georgią, aye-3; Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, no—7.

On July 12. South Carolina, Georgia, aye-2; Massachusetts, Connecticut, New Jersey, Pennsyl

vania, Delaware, Maryland, Virginia, North Carolina, no—8.

Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, Georgia, aye-6; New Jersey, Delaware, no—2; Massachusetts, South Carolina, divided.

*2 On the question for striking out three years : Massachusetts,

twenty-five years was next inserted for members of this body,43 and the provision rendering them ineligible to offices established by a particular State was stricken out. 44

A strong effort on the part of the States of Virginia and Pennsylvania to do away with the election of the United States Senators through the instrumentality of the State Legislatures was defeated, but the term of office of Senators was changed from seven to six years, the provision being inserted that onethird should go out of office every two years. The provision rendering Senators ineligible to office under the State Governments was stricken out.47

Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, aye—7; New York, Delaware, Maryland, no--3; New Jersey, divided. It was then unanimously agreed to make the term of office two years.

43 Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, aye—7; Massachusetts, Pennsylvania, Georgia, no-3; New York, divided.

* Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye-8; Massachusetts, Pennsylvania, Delaware, no—3.

** On the question that they should be elected by the State Legislatures: Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, aye --9; Pennsylvania, Virginia, no 2. On the question to strike out years'':

Massachusetts, Connecticut, New York, New Jersey, North Carolina, South Carolina, Georgia, aye-7; Pennsylvania, Delaware, Virginia, no-3; Maryland, divided. The motion

co insert “six years''. was at first defeated : Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, aye—5; Massachusetts, New York, New Jersey, South Carolina, Georgia, no—5; Maryland, divided. A motion to insert “five years' as- also defeated, each State voting as on the previous question.

On the question for "nine years," one-third to go out every three years: Pennsylvania, Delaware, Virginia, aye—3; Massachusetts, Connecticut, New York, New Jersey, Maryland, North Carolina, South Carolina, Georgia, no--8.

It was finally voted to insert "six years” and provide that onethird should go out of office every two years:

Massachusetts, Connecticut, Virginia, North Carolina, necticut, Pennsylvania, Delaware, Maryland, Virginia, North ('arolina, aye-7; New York, New Jersey, South Carolina, Georgia, no— 4.

“? On question of retaining this provision: Massachusetts, Pennt sylvania, Virginia, aye-3; Connecticut, New York, New Jersey, Delaware, Maryland, North Caro

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48

The sixth resolution relative to the powers of Congress was amended so as to read : “Resolved, That the National Legislature ought to possess the legislative rights rested in Congress by the Articles of Confederation and, moreover, to legislate in all cases for the general interests of the Union, and also in those to which the States are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation.

The clause in the Resolutions giving Congress the power to negative State Laws was defeated upon its consideration in the Convention.'' The prohibition against any increase in the salaries of the judges so as to affect those in office was stricken out,50 as was also the whole of the fifteenth Resolution relative to the temporary continuance of the Congress sitting under the Articles of Confederation. Many proposals were made to change the method of electing the Executive, but no change was made at this time in the plan of electing the Executive set forth in the resolutions of the Committee of the Whole.51

An additional resolution was adopted as follows:

"Resolved, That it be an instruction to the Committee to whom were referred the proceedings of the Convention for the establishment of a National Government, to receive a clause, or clauses, requiring certain qualifications of property and citizenship in the United States, for the Executive, the Judiciary and the members of both branches of the Legislature of the United States."

The First Draft of the Constitution. The resolutions adopted by the Committee of the Whole, as amended by the ('onvention, together with a set of propositions offered by Mr. C. Pickney, on May 29th, and Mr. Patterson's “New Jersey

$ 75.

New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, no—7.

lina, South Carolina, Georgia, no -8.

Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, aye_6; Connecti. cut, Virginia, South Carolina, Georgia, no—4.

** Massachusetts, Virginia, North Carolina, aye-3;

Connecticut,

60 Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, aye--6; Virginia, North Carolina, no--..

51 See Chapter IX.

Plan,” were referred to a Committee of Detail on July 26th. On August 6th this Committee reported back to the Convention the first draft of the Constitution, consisting of twenty-three articles.52 From August 6th to September 10th this draft of the Constitution' was debated and amended by the Convention. Among the changes made in this draft were the following:

The required length of citizenship for members of the lower house was raised from three years to seven, and for the upper house from four years to nine, and it was provided that each Senator or Representative must be an inhabitant of the State which he represented.53

Article VI, Section II, giving power to Congress to prescribe property qualifications for its members, was defeated 54 and dropped out of the Constitution. It was provided that it should require a two-thirds vote of either House of Congress to expel a member. Instead of members of Congress being paid by the State which they represented, it was voted that they should be paid out of the national treasury."

The power to emit bills of credit was taken out of the powers granted to Congress, 56 and the power of Congress to “make war" was changed to one to “declare war.” Several additional powers were also given to Congress. 57

It was provided that the two witnesses required to convict of treason must be to the same overt act.

The power of the President over the militia of the several States was limited to cases when they were “called into the actual service of the United States."

55

58

52 See Appendix H.

The first draft read "resi

dent."

* New Hampshire,

Massachusetts, Georgia, aye—3; Connecti. cut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, no—7.

chusetts, South Carolina, no—2.

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

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

* Compare first draft of the Constitution with its final form.

58 New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, Georgia, aye-6; Delaware, South Carolina, no--2.

The requirement for a two-thirds vote of Congress to admit new States was omitted and a provision against requiring any religious test for holding office was inserted.

Freedom and equality of trade between the States were further protected by inserting the clause, “Nor shall any regulation of commerce or revenue give preference to the ports of one state over those of another, or oblige vessels bound to or from any State to enter, clear or pay duties in another."

The election of the President was taken away from Congress and given to an especially chosen body of electors, the President's term of office being reduced to four years. Provision was also made for the first time for creating the office of a Vice-President.

$ 76. The Third Great Compromise.—The most important changes made by the Convention in the first draft of the Constitution were those relative to the election of the President and those which constituted the third and last of the three great Compromises of the Convention. This Compromise, like the second one, was concerned with the slavery question. The first draft of the Constitution contained the following provisions:

“Article VII, Section IV. No tax or duty shall be laid by the Legislature on articles exported from any State, nor on the migration or importation of such persons as the several States shall think proper to admit, nor shall such migration or importation be prohibited."

“Section V. No capitation tax shall be laid unless in proportion to the census hereinbefore directed to be taken."

“Section VI. No Navigation Act shall be passed without the assent of two-thirds of the members present in each house.”

Each of these sections was the occasion of a sharp contest; each had strong supporters and bitter opponents. The Southern States favored these sections, which, on the other hand, found opposition in the North. The welfare of New England depended largely upon its shipping, and the requirement of a two-thirds vote to pass a navigation law was considered a blow at her prosperity. The anti-slavery sentiment of the North was offended by the prohibition to Congress of the power to either prohibit or tax the importation of slaves.

64 See Chapter IX.

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