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 Randolph & M^r Madison moved to add to the end of Art. VI. Sect. 3,
"and may be authorized to compel the attendance of absent members in
such manner & under such penalties as each House may provide." Agreed to
by all except Pen^a which was divided.
Art. VI. Sect. 3. agreed to as amended nem. con.
Sect. 4. } Agreed to nem. con.
Sect. 5. }
M^r Madison observed that the right of expulsion (Art. VI. Sect. 6.) was
too important to be exercised by a bare majority of a quorum: and in
emergencies of faction might be dangerously abused. He moved that, "with
the concurrence of 2/3," might be inserted between may & expel.
M^r Randolph & M^r Mason approved the idea.
M^r Gov^r Morris. This power may be safely trusted to a majority. To
require more may produce abuses on the side of the minority. A few men
from factious motives may keep in a member who ought to be expelled.
M^r Carrol thought that the concurrence of 2/3 at least ought to be
required.
On the question requiring 2/3 in cases of expelling a member.
N. H. ay. Mass. ay. C^t ay. N. J. ay. P^a div^d. Del. ay.
M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.
Art. VI. Sect. 6. as thus amended agreed to nem. con.
Art: VI. Sect. 7. taken up.
M^r Gov^r Morris urged that if the yeas & nays were proper at all any
individual ought to be authorized to call for them; and moved an
amendment to that effect.--The small States may otherwise be under a
disadvantage, and find it difficult to get a concurrence of 1/5.
M^r Randolph 2^{ded} y^e motion.
M^r Sherman had rather strike out the yeas & nays altogether. They never
have done any good, and have done much mischief. They are not proper as
the reasons governing the voter never appear along with them.
M^r Elseworth was of the same opinion.
Col. Mason liked the Section as it stood, it was a middle way between
two extremes.
M^r Ghorum was opposed to the motion for allowing a single member to
call the yeas & nays, and recited the abuses of it in Mass^{ts}. 1 in
stuffing the journals with them on frivolous occasions. 2 in misleading
the people who never know the reasons determing the votes.
The motion for allowing a single member to call the yeas & nays was
disag^d to nem. con.
M^r Carrol. & M^r Randolph moved to strike out the words, "each House"
and to insert the words, "the House of Representatives" in Sect. 7. Art.
6. and to add to the section the words "and any member of the Senate
shall be at liberty to enter his dissent."
M^r Gov^r Morris & M^r Wilson observed that if the minority were to have
a right to enter their votes & reasons, the other side would have a
right to complain, if it were not extended to them: & to allow it to
both, would fill the Journals, like the records of a Court, with
replications, rejoinders &c.
Question on M^r Carrol's motion to allow a member to enter his dissent
N. H. no. Mass. no. Con^t no. N. J. no. P^a no. Del. no. M^d ay.
V^a ay. N. C. no. S. C. ay. Geo. ay.
Public-domain text, read in full here on John Shaqi.
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