The Debates in the several State Conventions on the Adoption of the Federal Constitution, Vol. 4 – Jonathan Elliot
The five volumes furnish a collection of the Debates and Proceedings which took place in the different states, on the adoption of the Federal Constitution, as submitted by the General Convention, on the 17th of September, 1787. In the compilation, care has been taken to search into contemporary publications, in order to make the work as perfect as possible. Still, however, the sentiments they contain may, in some instances, have been inaccurately taken down, and, in others, probably, too faintly sketched, fully to gratify the inquisitive politician; but they nevertheless disclose the opinions of many of the most distinguished revolutionary patriots and statesmen, in relation to the powers intended to be granted to the Congress of the United States under the Constitution, and certainly may form an excellent guide in expounding many doubtful points in that instrument. In forming a History of the Constitution, the materials they furnish must be also considered of the greatest importance. The lights, too, which they throw on the character and the men of those extraordinary times, will always give them a sufficient interest, in the eyes of an intelligent community, to confer a peculiar value on their publication, rescued from the ephemeral prints of that day.
The Debates in the several State Conventions on the Adoption of the Federal Constitution, Vol. 4.
Format: eBook.
The Debates in the several State Conventions on the Adoption of the Federal Constitution, Vol. 4.
ISBN: 9783849653514
Excerpt from volume 4:
At a Convention, begun and held at Hillsborough, the 21st day of July, in the year of our Lord one thousand seven hundred and eighty-eight, and of the Independence of America the 13th, in pursuance of a resolution of the last General Assembly, for the purpose of deliberating and determining on the proposed Plan of Federal Government, —
A majority of those who were duly elected as members of this Convention being met at the church, they proceeded to the election of a president, when his excellency, Samuel Johnston, Esq., was unanimously chosen, and conducted to the chair accordingly.
The house then elected Mr. John Hunt and Mr. James Taylor clerks to the Convention, and also appointed door-keepers, &c.
The house then appointed a select committee to prepare and propose certain rules and regulations for the government of the Convention in the discussion of the Constitution.
The committee consisted of Messrs. Davie, Person, Iredell, I. M’Donald, Battle, Spaight, and the Hon. Samuel Spencer, Esq.
The Convention then appointed a committee of three members from each district, as a committee of privileges and elections, consisting of Messrs. Spencer, Irwin, Caldwell, Person, A. Mebane, Joseph Taylor, M’Dowall, J. Brown, J. Johnston, Davie, Peebles, E. Gray, Gregory, Iredell, Cabarrus, I. G. Blount, Keais, B. Williams, T. Brown, Maclaine, Foster, Clinton, J. Willis, Grove, J. Stewart, Martin, and Tipton.
The Convention then adjourned till to-morrow morning.
Tuesday, July 22, 1788
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The Convention met according to adjournment.
The committee appointed for that purpose reported certain rules and regulations for the government of the Convention, which were twice read, and, with the exception of one article, were agreed to, and are as follows, viz: —
“1. When the president assumes the chair, the members shall take their seats.
“2. At the opening of the Convention, each day, the minutes of the preceding day shall be read, and be in the power of the Convention to be corrected, after which any business addressed to the chair may be proceeded upon.
“3. No member shall be allowed to speak but in his place, and, after rising and addressing himself to the president, shall not proceed until permitted by the president.
“4. No member speaking shall be interrupted but by a call to order by the president, or by a member through the president.
“5. No person shall pass between the president and the person speaking.
“6. No person shall be called upon for any words of heat, but on the day on which they were spoken.
“7. No member to be referred to in debate by name.
“8. The president shall be heard without interruption, and when he rises, the member up shall sit down.
“9. The president himself, or by request, may call to order any member who shall transgress the rules; if a second time, the president may refer to him by name; the Convention may then examine and censure the member’s conduct, he being allowed to extenuate or justify.
“10. When two or more members are up together, the president shall determine who rose first.
“11. A motion made and seconded shall be repeated by the president. A motion shall be reduced to writing if the president requires it. A motion may be withdrawn by the member making it, before any decision is had upon it.
“12. The name of him who makes, and the name of him who seconds, the motion, shall be entered upon the minutes.
“13. No member shall depart the service of the house without leave.
“14. Whenever the house shall be divided upon any question, two or more tellers shall be appointed by the president, to number the members on each side.
“15. No member shall come into the house, or remove from one place to another, with his hat on, except those of the Quaker profession.
“16. Every member of a committee shall attend at the call of his chairman.
“17. The yeas and nays may be called and entered on the minutes, when any two members require it.
“18. Every member actually attending the Convention shall be in his place at the time to which the Convention stands adjourned, or within half an hour thereof.”
Mr. Lenoir moved, and was seconded by Mr. Person, that the return for Dobbs county should be read, which was accordingly read; whereupon Mr. Lenoir presented the petition of sundry of the inhabitants of Dobbs county, complaining of an illegal election in the said county, and praying relief; which being also read, on motion of Mr. Lenoir, seconded by Mr. Davie, Resolved,That the said petition be referred to the committee of elections.
Mr. Spaight presented the deposition of Benjamin Caswell, sheriff of Dobbs county, and a copy of the poll of an election held in the said county, for members to this Convention, and the depositions of William Croom, Neil Hopkins, Robert White, John Hartsfield, Job Smith, and Frederick Baker, which, being severally read, were referred to the committee of elections.
Mr. Cabarrus presented the depositions of Charles Markland, Jun., and Luther Spalding, relative to the election of Dobbs county; which, being read, were referred to the committee of elections.
The Convention then adjourned to 10 o’clock to-morrow morning.
Wednesday, July 23, 1788
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The house met according to adjournment.
Mr. Gregory, from the committee of elections, to whom were referred the returns from Dobbs county, and sundry other papers, and the petition of sundry of the inhabitants of Dobbs county relative to the election of the said county, delivered in a report; which, being read, was agreed to in the following words, viz: —
“Resolved, That it is the opinion of this committee, that the sitting members returned from the county of Dobbs vacate their seats, as it does not appear that a majority of the county approved of a new election under the recommendation of his excellency, the governor; but the contrary is more probable.
“That it appears to this committee, that there was a disturbance and riot at the first election, (which was held on the days appointed by the resolve of the General Assembly,) before all the tickets could be taken out of the box, and the box was then taken away by violence; at which time it appears there were a sufficient number of tickets remaining in the box to have given a majority of the whole poll to five others of the candidates, besides those who had a majority of the votes at the time when the disturbance and riot happened. It is, therefore, the opinion of this committee, that the sheriff could have made no return of any five members elected; nor was there any evidence before the committee by which they could determine, with certainty, which candidates had a majority of votes of the other electors.
“The committee are therefore of opinion that the first election is void, as well as the latter.”
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