YATES
Friday, May 25, 1787.↩
Attended the convention of the states, at the state house in Philadelphia, when the following states were represented:
A motion by R. Morris, and seconded, that General Washington take the chair — unanimously agreed to.
When seated, he (Gen. Washington) declared, that as he never had been in such a situation, he felt himself embarrassed; [6] that he hoped his errors, as they would be unintentional, would be excused.
Mr. Hamilton, in behalf of the state of
New-York, moved that Major Jackson be appointed secretary; the delegates
for Pennsylvania, moved for Temple Franklin: by a majority Mr. Jackson
carried it — called in and took his seat.
After which, the respective credentials of
the seven states were read. N. B. That of Delaware restrained its
delegates from assenting to an abolition of the fifth article of the
confederation, by which it is declared that each state shall have one
vote.
Door keeper and messengers being appointed, the house adjourned to Monday the 28th day of May, at ten o’clock.
MONDAY, MAY 28, 1787.↩
JOURNAL
Monday May 28. 1787.↩
The Convention met agreeably to adjournment —The
honorable Nathaniel Gorham, and Caleb Strong Esquires, Deputies from
the State of Massachusetts, The honorable Oliver Elsworth Esq, a deputy
from the State of Connecticut — The honble Gunning Bedford Esq. a Deputy
from the State of Delaware and The honorable James McHenry Esquire, a
Deputy from the State of Maryland, attended and took their seats.
The following Credentials were produced and read.
(here insert the
credentials of the Deputies from the States of Massachusetts, and
Connecticut, and the credentials of James McHenry Esquire from the State
of Maryland)1
His Excellency Benjamin Franklin Esquire, and of The honorable George
Clymer, Thomas Mifflin and Jared Ingersol Esquires four of the Deputies
of the State of Pennsylvania attended and took their seats
Mr Wythe reported
from the Committee, (to whom the drawing up rules, proper in their
opinion, to be observed by the Convention in their proceedings, as
standing Orders, was referred) that the Committee had drawn up the rules
accordingly, and had directed him to report them to the House — and he
read the report in his place, and afterwards delivered it in at the
Secretary’s table; where the said rules were once read throughout, and
then a second time one by one; and upon the question severally put
thereupon two of them were disagreed to; and the rest with amendments to
some of them were [8] agreed to by the House, which rules, so agreed to, are as follow:
Rules to be observed as the standing Orders of the Convention.
A House, to do business, shall consist of the
Deputies of not less than seven States; and all questions shall be
decided by the greater number of these which shall be fully represented;
but a less number than seven may adjourn from day to day.
Immediately after the President shall have
taken the Chair, and the members their seats, the minutes of the
preceding day shall be read by the Secretary.
Every member,
rising to speak, shall address the President; and, whilst he shall be
speaking, none shall pass between them, or hold discourse with another,
or read a book, pamphlet, or paper, printed or manuscript — and of two
members, rising at the same time, the President shall name him who shall
be first heard.
A member shall not speak oftner than twice,
without special leave, upon the same question; and not the second time,
before every other, who had been silent, shall have been heard, if he
choose to speak, upon the subject.
A motion made and seconded, shall be repeated
and, if written, as it shall be when any member shall so require, read
aloud, by the Secretary, before it shall be debated; and may be
withdrawn at any time before the vote upon it shall have been declared.
Orders of the day shall be
read next after the minutes, and either discussed or postponed before
any other business shall be introduced.
When a debate shall arise upon a question, no
motion, other than to amend the question, to commit it, or to postpone
the debate shall be received.
A question, which is complicated, shall, at
the request of any member, be divided, and put separately upon the
propositions, of which it is compounded.
The determination of a question, although
fully debated, shall be postponed, if the Deputies of any State desire
it, until the next day.
[9]
A Writing, which contains any matter brought
on to be considered, shall be read once throughout, for information,
then by paragraphs, to be debated, and again, with the amendments, if
any, made on the second reading; and afterwards the question shall be
put upon the whole, amended, or approved in it’s original form, as the
case shall be.
That Committees shall be appointed by ballot;
and that the members who have the greatest number of ballots, although
not a majority of the votes present, be the Committee. When two or more
Members have an equal number of votes, the Member standing first on the
list in the order of taking down the ballots shall be preferred.
A member may be called to order by any other
Member, as well as by the President, and may be allowed to explain his
conduct or expressions, supposed to be reprehensible — And all questions
of order shall be decided by the President without appeal or debate.
Upon a question to
adjourn, for the day, which may be made at any time, if it be seconded,
the question shall be put without a debate.
When the House shall adjourn every Member shall stand in his place until the President pass him.
Resolved that the said rules be observed as standing Orders of the House.
a letter from sundry Persons of the State of
Rhode Island addressed to the honorable the Chairman of the General
Convention was presented to the Chair by Mr G. Morris2 — and, being read, ordered that the said letter do lye upon the table for farther consideration.
A motion was made by Mr
Butler, one of the Deputies of South Carolina, that the House provide
against interruption of business by absence of members, and against
licentious publication of their proceedings: also
A motion was made by Mr Spaight, one of the
Deputies of North-Carolina, to provide, that, on the one hand, the
house, may not be precluded, by a vote upon any question, [10]
from revising the subject matter of it, when they see cause, nor, on
the other hand, be led too hastily to rescind a decision, which was the
result of mature discussion.
Ordered that the said motions be referred to
the consideration of the Committee appointed on friday last, to draw up
rules to be observed as the standing orders of the Convention; and that
they do examine the matters thereof, and report thereupon to the House.
adjourned till to-morrow at 10 o’clock A. M
MADISON
Monday May 28. —↩
〈From Masst’s Nat: Gorham & Caleb
Strong. From Connecticut Oliver Elseworth. From Delaware Gunning
Bedford. From Maryland James McHenry. From Penna. B. Franklin, George
Clymer, Ths. Mifflin & Jared Ingersol took their seats.〉3
Mr. Wythe from the Committee for preparing rules made a report which employed the deliberations of this day.
Mr. King objected to one of the rules in the
Report authorising any member to call for the yeas & nays and have
them entered on the minutes. He urged that as the acts of the Convention
were not to bind the Constituents it was unnecessary to exhibit this
evidence of the votes; and improper as changes of opinion would be
frequent in the course of the business & would fill the minutes with
contradictions.
Col. Mason seconded the objection; adding
that such a record of the opinions of members would be an obstacle to a
change of them on conviction; and in case of its being hereafter
promulged must furnish handles to the adversaries of the Result of the
Meeting.
The proposed rule was rejected nem. contradicente.
[11]
viz, A House to do business shall consist of
the Deputies of not less than seven States; and all questions shall be
decided by the greater number of these which shall be fully represented:
but a less number than seven may adjourn from day to day.
Immediately after the President shall have
taken the chair, and the members their seats, the minutes of the
preceding day shall be read by the Secretary.
Every member, rising to speak, shall address
the President; and whilst he shall be speaking, none shall pass between
them, or hold discourse with another, or read a book, pamphlet or
paper, printed or manuscript — and of two members rising at the same
time, the President shall name him who shall be first heard.
A member shall not speak oftener than twice,
without special leave, upon the same question; and not the second time,
before every other, who had been silent, shall have been heard, if he
choose to speak upon the subject.
A motion made and seconded, shall be
repeated, and if written, as it shall be when any member shall so
require, read aloud by the Secretary, before it shall be debated; and
may be withdrawn at any time, before the vote upon it shall have been
declared.
Orders of the day shall be read next after the minutes, [12] and either discussed or postponed, before any other business shall be introduced.
When a debate shall arise upon a question,
no motion, other than to amend the question, to commit it, or to
postpone the debate shall be received.
A question5
which is complicated, shall, at the request of any member, be divided,
and put separately on the propositions. of which it is compounded.
The determination of a question, altho’
fully debated, shall be postponed, if the deputies of any State desire
it until the next day.
A writing which contains any matter brought
on to be considered, shall be read once throughout for information, then
by paragraphs to be debated, and again, with the amendments if any,
made on the second reading; and afterwards, the question shall be put on
the whole, amended, or approved in its original form, as the case shall
be.
Committees shall be appointed by ballot; and
the members who have the greatest number of ballots, altho’ not a
majority of the votes present, shall be the Committee — When two or more
members have an equal number of votes, the member standing first on the
list in the order of taking down the ballots, shall be preferred.
A member may be called to order by any other
member, as well as by the President; and may be allowed to explain his
conduct or expressions supposed to be reprehensible. — and all questions
of order shall be decided by the President without appeal or debate.
Upon a question to adjourn for the day,
which may be made at any time, if it be seconded, the question shall be
put without a debate.
When the House shall adjourn, every member shall stand in his place, until the President pass him.〉
〈A letter6 from sundry persons of the State of Rho. Island [13]
addressed to the Honorable The Chairman of the General Convention was
presented to the chair by Mr. Govr. Morris, and being read, was ordered
to lie on the table for further consideration. (For the letter see Note
in the appendix).7⚓✪
Mr Butler moved
that the house provide agst. interruption of business by absence of
members, and against licentious publications of their procedings — to
which was added by — Mr. Spaight — a motion to provide that on the one
hand the House might not be precluded by a vote upon any question, from
revising the subject matter of it, When they see cause, nor, on the
other hand, be led too hastily to rescind a decision, which was the
result of mature discussion. — Whereupon it was ordered that these
motions be referred to the consideration of the Committee appointed to
draw up the standing rules and that the Committee make report thereon.
Adjd till to morrow 10. OClock〉8
[May] 28.9
(pa. 4 to 10). Other members attended — Mr. Wythe from Commee reports
rules — one of them rejected others adopted — note of J. M. on rule of
voting. a letter from R. I. presented by G. Morris.
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