The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Gerry moved to strike out the words "when it shall be acting in its
legislative capacity" in order to extend the provision to the Senate
when exercising its peculiar authorities and to insert "except such
parts thereof as in their judgment require secrecy" after the words
"publish them."--(It was thought by others that provision should be made
with respect to these when that part came under consideration which
proposed to vest those additional authorities in the Senate.)
On this question for striking out the words "when acting in its
legislative capacity"
N. H. div^d. Mass. ay. C^t no. N. J. no. P^a no. Del. ay.
M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.
Adjourned.
SATURDAY AUG^{ST} 11 IN CONVENTION
M^r Madison & M^r Rutlidge moved "that each House shall keep a journal
of its proceedings, & shall publish the same from time to time; except
such part of the proceedings of the Senate, when acting not in its
Legislative capacity as may be judged by that House to require secrecy."
M^r Mercer. This implies that other powers than legislative will be
given to the Senate which he hoped would not be given.
M^r Madison & M^r R's motion was disag^d to by all the States except
Virg^a.
M^r Gerry & M^r Sherman moved to insert after the words "publish them"
the following "except such as relate to treaties & military operations."
Their object was to give each House a discretion in such cases.--On this
question
N. H. no. Mass. ay. C^t ay. N. J. no. P^a no. Del. no. V^a no.
N. C. no. S. C. no. Geo. no.
M^r Elseworth. As the clause is objectionable in so many shapes, it may
as well be struck out altogether. The Legislature will not fail to
publish their proceedings from time to time. The people will call for it
if it should be improperly omitted.
M^r Wilson thought the expunging of the clause would be very improper.
The people have a right to know what their Agents are doing or have
done, and it should not be in the option of the Legislature to conceal
their proceedings. Besides as this is a clause in the existing
confederation, the not retaining it would furnish the adversaries of the
reform with a pretext by which weak & suspicious minds may be easily
misled.
M^r Mason thought it would give a just alarm to the people, to make a
conclave of their Legislature.
M^r Sherman thought the Legislature might be trusted in this case if in
any.
Question on 1^{st} part of the section down to "_publish them_"
inclusive: Agreed to nem. con.
Question on the words to follow, to wit "except such parts thereof as
may in their Judgment require secrecy."
N. H. div^d. Mass. ay. C^t ay. N. J. ay. P^a no. Del. no.
M^d no. V^a ay. N. C. ay. S. C. no. Geo. ay.
The remaining part as to yeas & nays,--agreed to nem. con.
Art VI. Sect. 8. taken up.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account