Category: JFC2017

September 1, 1787 (Click here to read Madison’s notes)
Today’s session was so brief, I am reproducing Madison’s entire entry:

In Convention, — Mr. BREARLY, from the Committee of eleven to which were referred yesterday the postponed part of the Constitution, and parts of Reports not acted upon, made the following partial report:

“That in lieu of Article 6, Sect. 9, the words following be inserted, viz: ‘The members of each House shall be ineligible to any civil office under the authority of the United States, during the time for which they shall respectively be elected; and no person holding an office under the United States shall be a member of either House during his continuance in office.’”

Mr. RUTLEDGE, from the Committee to whom were referred sundry propositions, (see twenty-ninth of August) together with Article 16, reported that the following additions be made to the Report, viz:

“After the word ‘States,’ in the last line on the margin of the third page, (see the printed Report,) add ‘to establish uniform laws on the subject of bankruptcies.’

“And insert the following as Article 16, viz: ‘Full faith and credit ought to be given in each State to the public acts, records, and judicial proceedings of every other State; and the Legislature shall, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect which judgments obtained in one State, shall have in another.’”

After receiving these Reports, the House

 Adjourned.

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)
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August 31, 1787 (Click to read Madison’s notes on the day)

Summary

Delegates decided to require nine states to ratify the Constitution. The debate on the Committee of Detail ended today with a new committee formed to report on all other proposals.

Influences on the Delegates

The discussion and debate on the report of the Committee of Detail ended today. All remaining proposals were referred to the Brearly Committee which consisted of one representative from each state.
Even as the delegates closed in on the last articles for debate, some key delegates were expressing doubt about their work.

Mr. GERRY moved to postpone Article 22.
Colonel MASON seconded the motion, declaring that he would sooner chop off his right hand, than put it to the Constitution as it now stands. He wished to see some points, not yet decided, brought to a decision, before being compelled to give a final opinion on this Article. Should these points be improperly settled, his wish would then be to bring the whole subject before another General Convention.
Mr. GOUVERNEUR MORRIS was ready for a postponement. He had long wished for another Convention, that will have the firmness to provide a vigorous government, which we are afraid to do.
Mr. RANDOLPH stated his idea to be, in case the final form of the Constitution should not permit him to accede to it, that the State Conventions should be at liberty to propose amendments, to be submitted to another General Convention, which may reject or incorporate them as may be judged proper.

It is remarkable that at that late date, some delegates wanted to scrap the whole thing and start over. To the point of the so-called “biblical Constitution,” Christian delegate didn’t feel the work had achieved a “vigorous government.” Morris believed the delegates were “afraid” to do so. How do these statements compare to the picture often painted by Christian nationalists of Christian delegates self-consciously creating a Christian republic? Not well, in my view.

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)
To follow on social media, click the following links:
Facebook (blog posts and news)
Facebook (Getting Jefferson Right – history news)
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August 29, 1787 (Click to read Madison’s notes)

Summary

A committee was formed to consider Article 16. A fugitive slave clause was passed to be added to the end of Article 15.

Influences on the Delegates

Although not an example of an influence, I think the following passage from Virginia’s Edmund Randolph regarding trade puts the lie to the claim that Ben Franklin’s call to prayer had some immediate impact to bring the delegates together. Here we are in late August and Randolph says the Constitution has “odious” elements and he is on the fence about his support.

Mr. RANDOLPH said that there were features so odious in the Constitution, as it now stands, that he doubted whether he should be able to agree to it. A rejection of the motion would complete the deformity of the system. He took notice of the argument in favor of giving the power over trade to a majority, drawn from the opportunity foreign powers would have of obstructing retaliatory measures, if two thirds were made requisite. He did not think there was weight in that consideration. The difference between a majority and two thirds, did not afford room for such an opportunity. Foreign influence would also be more likely to be exerted on the President, who could require three fourths by his negative. He did not mean, however, to enter into the merits. What he had in view was merely to pave the way for a declaration, which he might be hereafter obliged to make; if an accumulation of obnoxious ingredients should take place, that he could not give his assent to the plan.

On the slave trade, the delegates considered a report and had the following discussion about Article 15 (see below):

ARTICLE XV.
Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.

The delegates unanimously added a strict fugitive slave clause.

Mr. BUTLER moved to insert after Article 15, “If any person bound to service or labor in any of the United States, shall escape into another State, he or she shall not be discharged from such service or labor, in consequence of any regulations subsisting in the State to which they escape, but shall be delivered up to the person justly claiming their service or labor,” — which was agreed to, nem. con.

David Barton has been lately claiming that most of the founding fathers were anti-slavery. However, the only numbers that matter on that subject are the vote tallies in favor of making slavery acceptable in the new nation. In this case, fugitive slaves lost 11-0. It didn’t help slaves to have declarations against slavery when the delegates voted to keep it legal.

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)
To follow on social media, click the following links:
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August 28, 1787 (Click to read Madison’s notes)

Summary

The delegates continued tweaking the judiciary and spent much time on details of state powers.

Influences on the Delegates

The delegates did not refer to other nations or refer to specific influences today.
I want to point out one exchange initiated by the delegates from South Carolina. On the discussion of extradition between states, Colonel Pinckney wanted to include runaway slaves. Article XV reads:

ARTICLE XV.
Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.
General PINCKNEY was not satisfied with it. He seemed to wish some provision should be included in favor of property in slaves.
On the question on Article 14, —
New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye, — 9; South Carolina, no, — 1; Georgia, divided.
Article 15 being then taken up, the words, “high misdemeanor,” were struck out, and the words, “other crime,” inserted, in order to comprehend all proper cases; it being doubtful whether “high misdemeanor” had not a technical meaning too limited.
Mr. BUTLER and Mr. PINCKNEY moved to require “fugitive slaves and servants to be delivered up like criminals.”
Mr. WILSON. This would oblige the Executive of the State to do it at the public expense.
Mr. SHERMAN saw no more propriety in the public seizing and surrendering a slave or servant than a horse.
Mr. BUTLER withdrew his proposition, in order that some particular provision might be made, apart from this article.
Article 15, as amended, was then agreed to, nem. con.

After Pinckney couldn’t get a motion attached to Article XIV, he and Butler moved to add their fugitive slave clause. However, it was not added but Butler saved it for later.

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)
To follow on social media, click the following links:
Facebook (blog posts and news)
Facebook (Getting Jefferson Right – history news)
Twitter