U.S. Constitutional Convention 1787 (2021 Edition)

Grand Convention at Philadelphia, May to September, 1787, Quill Project 2021 Edition.

Committee on Postponed Matters

Committee consisting of a deputy from each state, charged with resolving postponed questions on debt, security, presidential powers and elections, and legislative rights and privileges.

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Session 6319: 1787-09-03 15:00:00

Second Report of the Committee on Postponed Matters created.

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Second Report of the Committee on Postponed Matters

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[Second Report of the Committee on Postponed Matters]

The Committee of eleven to whom sundry resolutions &ca were referred on the 31st ultimo, report that in their opinion the following additions and alterations should be made to the report before the Convention — viz

The first clause of the first Sect. of the 7th article to read as follows. “The Legislature shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States.”

At the end of 2nd clause of the 1st sect. 7 art. add “and with the Indian tribes.”

In the place of the 9 article 1st sect. to be inserted

“The Senate of the United States shall have power to try all impeachments; but no person shall be convicted without the concurrence of two thirds of the Members present.”

after the word Excellency in the 1st sect 10 article to be inserted “He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected in the following manner.

Each State shall appoint in such manner as it's Legislature may direct, a number of Electors equal to the whole number of Senators, and Members of the House of Representatives to which the State may be entitled in the Legislature.

The Electors shall meet in their respective States, and vote by ballot for two Persons, of whom one at least shall not be an inhabitant of the same State with themselves. — and they shall make a list of all the Persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the general Government, directed to the President of the Senate.

The President of the Senate shall in that House open all the certificates, and the votes shall be then and there counted — The Person having the greatest number of votes shall be the President, if such number be a majority of that of the Electors and if there be more than One, who have such majority, and have an equal number of votes, then the Senate shall choose by ballot one of them for President: but if no Person have a majority, then from the five highest on the list, the Senate shall choose by ballot the President — and in every case after the choice of the President, the Person having the greatest number of votes shall be Vice President: but if there should remain two or more, who have equal votes, the Senate shall choose from them the Vice President.

The Legislature may determine the time of choosing and assembling the Electors, and the manner of certifying and transmitting their votes.

Sect. 2. No Person except a natural born Citizen, or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and who has not been in the whole, at least 14 years a resident within the U. S.

Sect. 3. The Vice President shall be ex officio, President of the Senate, except when they sit to try the impeachment of the President, in which case the Chief Justice shall preside, and excepting also when he shall exercise the powers and duties of President, in which case, and in case of his absence, the Senate shall chuse a President pro tempore — The Vice President when acting as President of the Senate shall not have a vote unless the House be equally divided.

Sect. 4. The President by and with the advice and consent of the Senate, shall have power to make treaties: and he shall nominate and by and with the advice and consent of the Senate shall appoint Ambassadors and other public Ministers, Judges of the supreme Court, and all other officers of the U. S. whose appointments are not otherwise herein provided for. But no Treaty shall be made without the consent of two thirds of the Members present.”

after the words “into the service of the U. S.” in the 2 sect. 10 art. add “and may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices.”

The latter part of the 2 sect 10 art to read as follows.

“He shall be removed from his office on impeachment by the House of Representatives, and conviction by the Senate, for treason or bribery, and in case of his removal as aforesaid, death, absence, resignation or inability to discharge the powers or duties of his office the Vice President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.”

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