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- FDR's Third Inaugural Address
FDR's Third Inaugural Address January 20, 1941 On each national day of Inauguration since 1789, the people have renewed their sense of dedication to the United States. In Washington's day the task of the people was to create and weld together a Nation. In Lincoln's day the task of the people was to preserve that Nation from disruption from within. In this day the task of the people is to save that Nation and its institutions from disruption from without. To us there has come a time, in the midst of swift happenings, to pause for a moment and take stock—to recall what our place in history has been, and to rediscover what we are and what we may be. If we do not, we risk the real peril of isolation, the real peril of inaction. Lives of Nations are determined not by the count of years, but by the lifetime of the human spirit. The life of a man is threescore years and ten: a little more, a little less. The life of a Nation is the fullness of the measure of its will to live. There are men who doubt this. There are men who believe that democracy, as a form of government and a frame of life, is limited or measured by a kind of mystical and artificial fate that, for some unexplained reason, tyranny and slavery have become the surging wave of the future—and that freedom is an ebbing tide. But we Americans know that this is not true. Eight years ago, when the life of this Republic seemed frozen by a fatalistic terror, we proved that this is not true. We were in the midst of shock—but we acted. We acted quickly, boldly, decisively. These later years have been living years—fruitful years for the people of this democracy. For they have brought to us greater security and, I hope, a better understanding that life's ideals are to be measured in other than material things. Most vital to our present and to our future is this experience of a democracy which successfully survived crisis at home; put away many evil things; built new structures on enduring lines; and, through it all, maintained the fact of its democracy. For action has been taken within the three-way framework of the Constitution of the United States. The coordinate branches of the Government continue freely to function. The Bill of Rights remains inviolate. The freedom of elections is wholly maintained. Prophets of the downfall of American democracy have seen their dire predictions come to naught. No, democracy is not dying. We know it because we have seen it revive—and grow. This document appears in the Compendium: Chapter 20 FDR at his Third Inaugural Address Annotation: FDR warned that the greatest threat facing the United States was the destruction of democracy by foreign tyranny. He contrasted the tasks of Washington, Lincoln, and his own generation, arguing that while Washington had created the nation and Lincoln had preserved it from internal division, his generation was charged with preserving it from “disruption from without.” Roosevelt defended the resilience of American democracy, emphasizing that the Constitution, separation of powers, Bill of Rights, and free elections had survived the domestic crisis of the Great Depression. Drawing upon the nation's founding tradition, he described America's “spirit” and “faith” as rooted in the pursuit of liberty and connected the preservation of democracy with the nation's obligation to prepare for national defense. He concluded by declaring that, despite the growing international peril, Americans would “go forward” in defense of their country and democratic institutions. Author: Transcript Source: https://millercenter.org/the-presidency/presidential-speeches/january-20-1941-third-inaugural-address We know it cannot die—because it is built on the unhamperedinitiative of individual men and women joined together in a commonenterprise—an enterprise undertaken and carried through by the free expression of a free majority. We know it because democracy alone, of all forms of government, enlists the full force of men's enlightened will. We know it because democracy alone has constructed an unlimited civilization capable of infinite progress in the improvement of human life. We know it because, if we look below the surface, we sense it still spreading on every continent—for it is the most humane, the most advanced, and in the end the most unconquerable of all forms of human society. A Nation, like a person, has a body—a body that must be fed and clothed and housed, invigorated and rested, in a manner that measures up to the standards of our time. A Nation, like a person, has a mind—a mind that must be kept informed and alert, that must know itself, that understands the hopes and the needs of its neighbors—all the other Nations that live within the narrowing circle of the world. A Nation, like a person, has something deeper, something more permanent, something larger than the sum of all its parts. It is that something which matters most to its future—which calls forth the most sacred guarding of its present. It is a thing for which we find it difficult—even impossible to hit upon a single, simple word. And yet, we all understand what it is—the spirit-the faith of America. It is the product of centuries. It was born in the multitudes of those who came from many lands-some of high degree, but mostly plain people—who sought here, early and late, to find freedom more freely. The democratic aspiration is no mere recent phase in human history. It is human history. It permeated the ancient life of early peoples. It blazed anew in the Middle Ages. It was written in Magna Charta. In the Americas its impact has been irresistible. America has been the New World in all tongues, and to all peoples, not because this continent was a new-found land, but because all those who came here believed they could create upon this continent a new life—a life that should be new in freedom. Its vitality was written into our own Mayflower Compact, into the Declaration of Independence, into the Constitution of the United States, into the Gettysburg Address. Those who first came here to carry out the longings of their spirit, and the millions who followed, and the stock that sprang from them—all have moved forward constantly and consistently toward an ideal which in itself has gained stature and clarity with each generation. The hopes of the Republic cannot forever tolerate either undeserved poverty or self-serving wealth. We know that we still have far to go; that we must more greatly build the security and the opportunity and the knowledge of every citizen, in the measure justified by the resources and the capacity of the land. But it is not enough to achieve these purposes alone. It is not enough to clothe and feed the body of this Nation, to instruct, and inform its mind. For there is also the spirit. And of the three, the greatest is the spirit. Without the body and the mind, as all men know, the Nation could not live. But if the spirit of America were killed, even though the Nation's body and mind, constricted in an alien world, lived on, the America we know would have perished. That spirit—that faith—speaks to us in our daily lives in ways often unnoticed, because they seem so obvious. It speaks to us here in the Capital of the Nation. It speaks to us through the processes of governing in the sovereignties of 48 States. It speaks to us in our counties, in our cities, in our towns, and in our villages. It speaks to us from the other Nations of the hemisphere, and from those across the seas—the enslaved, as well as the free. Sometimes we fail to hear or heed these voices of freedom because to us the privilege of our freedom is such an old, old story. The destiny of America was proclaimed in words of prophecy spoken by our first President in his first Inaugural in 1789—words almost directed, it would seem, to this year of 1941: "The preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered. . . deeply, . . . finally, staked on the experiment intrusted to the hands of the American people." If you and I in this later day lose that sacred fire—if we let it be smothered with doubt and fear—then we shall reject the destiny which Washington strove so valiantly and so triumphantly to establish. The preservation of the spirit and faith of the Nation does, and will, furnish the highest justification for every sacrifice that we may make in the cause of national defense. In the face of great perils never before encountered, our strong purpose is to protect and to perpetuate the integrity of democracy. For this we muster the spirit of America, and the faith of America. We do not retreat. We are not content to stand still. As Americans, we go forward, in the service of our country, by the will of God.
- Massachusetts Bay Charter
The Charter of Massachusetts Bay March 18, 1628 CHARLES, BY THE, GRACE, OF GOD, Kinge of England, Scotland, Fraunce, and Ireland, Defendor of the Fayth, &c. To all to whome theis Presents shall come Greeting. WHEREAS, our most Deare and Royall Father, Kinge James, of blessed Memory, by his Highnes Letters-patents bearing Date at Westminster the third Day of November, in the eighteenth Yeare of His Raigne, HATH given and graunted vnto the Councell established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of Newe England in America, and to their Successors and Assignes for ever all that Parte of America, lyeing and being in Bredth, from Forty Degrees of Northerly Latitude from the Equinoctiall Lyne, to forty eight Degrees Of the saide Northerly Latitude inclusively, and in Length, of and within all the Breadth aforesaid, throughout the Maine Landes from Sea to Sea; together also with all the Firme Landes, Soyles, Groundes, Havens, Portes, Rivers, Waters, Fishing, Mynes, and Myneralls, as well Royall Mynes of Gould and Silver, as other Mynes ind Mvneralls, precious Stones, Quarries, and all and singular other Comodities, Jurisdiccons, Royalties, Priviledges, Franchesies, and Prehemynences, both within the said Tract of Land vpon the Mayne, and also within the Islandes and Seas adjoining: PROVIDED alwayes, That the saide Islandes, or any the Premisses by the said Letters-patents intended and meant to be graunted, were not then actuallie possessed or inhabited, by any other Christian Prince or State, nor within the Boundes, Lymitts, or Territories of the Southerne Colony, then before graunted by our saide Deare Father, to be planted by divers of his loveing Subjects in the South Partes. TO HAVE and to houlde, possess, and enjoy all and singular the aforesaid Continent, Landes Territories, Islandes, Hereditaments, and Precincts, Seas, Waters, Fishings, with all, and all manner their Comodities, Royalties, Liberties, Prehemynences, and Proffits that should from thenceforth arise from thence, with all and singuler their Appurtenances, and every Parte and Parcell thereof, vnto the saide Councell and their Successors and Assignes for ever, to the sole and proper Vse, Benefitt, and Behoofe of them the saide Councell, and their Successors and Asignes for ever: To be houlden of our saide most Deare and Royall Father, his Heires and Successors, as of his Mannor of East Greenewich in the County of Kent, in free and comon Soccage, and not in Capite nor by Knight's Service: YEILDINGE and paying therefore to the saide late Kinge, his heires and Successors, the fifte Parte of the Oare of Gould and Silver, which should from tyme to tyme, and at all Tymes then after happen to be found, gotten, had, and obteyned in, att, or within any of the saide Landes, Lymitts, Territories, and Precincts, or This document appears in the Compendium: Chapter 2 Annotation: Granted by Charles I of England to the Massachusetts Bay Company, giving it authority to establish settlements, govern its territory, and conduct trade in what is now eastern Massachusetts. Unlike earlier colonial charters, this one allowed the company’s shareholders to govern the colony from New England itself, rather than from England, effectively giving the colonists significant self-governing powers. The charter provided for the creation of a colonial government with a governor, assistants, and a general court, while also guaranteeing liberties such as property rights and religious practice within the colony. Its purpose was to encourage Puritan settlement, secure English claims in New England, and create a stable, self-sufficient community under corporate and Crown oversight. Author: Charles I Stuart — Van Dyck 1636 Text Source: https://avalon.law.yale.edu/17th_century/mass03.asp in or within any Parte or Parcell thereof, for or in Respect of all and all Manner of Duties, Demaunds and Services whatsoever, to be don, made, or paide to our saide Dear Father the late Kinge his Heires and Successors, as in and by the saide Letters-patents (amongst sundrie and other Clauses, Powers, Priviledges, and Grauntes therein conteyned), more at large appeareth: AND WHEREAS, the saide Councell established at Plymouth, in the County of Devon, for the plantinge, ruling, ordering, and governing of Newe England in America, have by their Deede, indented vnder their Comon Seale, bearing Date the nyneteenth Day of March last past, in the third Yeare of our Raigne, given, graunted, bargained, soulde, enfeofled, aliened, and confirmed to Sir Henry Rosewell, Sir John Young, Knightes, Thomas Southcott, John Humphrey, John Endecott, and Symon Whetcombe, their Heires and Assignes, and their Associats for ever, all that Parte of Newe England in America aforesaid, which lyes and extendes betweene a greate River there comonlie called Monomack alias Merriemack, and a certen other River there, called Charles River, being in the Bottome of a certayne Bay there, comonlie called Massachusetts, alias Mattachusetts, alias Massatusetts Bay, and also all and singuler those Landes and Hereditaments whatsoever, lyeing within the Space of three English Myles on the South Parte of the said Charles River, or of any, or everie Parte thereof; and also, all and singuler the Landes and Hereditaments whatsoever, lyeing and being within the Space of three English Myles to the Southward of the Southermost Parte of the saide Bay called Massachusetts, alias Mattachusetts, alias Massatusets Bay; and also, all those Landes and Hereditaments whatsoever, which lye, and be within the space of three English Myles to the Northward of the said River called Monomack, alias Merrymack, or to the Northward of any and every Parte thereof, and all Landes and Hereditaments whatsoever, lyeing within the Lymitts aforesaide, North and South in Latitude and breath, and in Length and Longitude, of and within all the Bredth aforesaide, throughout the Mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte; and all Landes and Groundes, Place and Places, Soyles, Woodes and Wood Groundes, Havens, Portes, Rivers, Waters, Fishings, and Hereditaments whatsoever, lyeing within the said Boundes and Lymitts, and everie Parte and Parcell thereof; and also, all Islandes lyeing in America aforesaide, in the saide Seas or either of them on the Westerne or Eastern Coastes or Partes of the said Tractes of Lande, by the saide Indenture mencoed to be given, graunted, bargained, sould, enfeofled, aliened, and confirmed, or any of them; and also, all Mynes and Myneralls, as well Royall Mynes of Gould and Silver, as other Mynes and Myneralls whatsoeuer, in the saide Lands and Premisses, or any Parte thereof; and all Jurisdiccons, Rights, Royalties, Liberties, Freedomes, Ymmunities, Priviledges, Franchises, Preheminences, and Comodities whatsoever, which they, the said Councell established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of Newe England in America, then had, or might vse, exercise, or enjoy, in or within the saide Landes and Premisses by the saide Indenture mencoed to be given, graunted, bargained, sould, enfeoffed, and confirmed, or in or within any Parte or Parcell thereof: To HAVE and to hould, the saide Parte of Newe England in America, which lyes and extendes and is abutted as aforesaide, and every Parte and Parcell thereof; and all the saide Islandes, Rivers, Portes, Havens, Waters, Fishings, Mynes, and Myneralls, Jurisdiccons, Franchises, Royalties, Liberties, Priviledges, Comodities, Hereditaments, and Premisses whatsoever, with the Appurtenances vnto the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, their Heires and Assignes, and their Associatts, to the onlie proper and absolute vse and Behoofe of the said Sir Henry Rosawell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whettcombe, their Heires and Assignes, and their Associatts forevermore; TO BE HOULDEN of Vs. our Heires and Successors, as of our Mannor of Eastgreenwich, in the County of Kent, in free and comon Soccage, and not in Capite, nor by Knightes Service; YEILDING and payeing therefore vnto Vs. our Heires and Successors, the fifte Parte of the Oare of Goulde and Silver, which shall from Tyme to Tyme, and at all Tymes hereafter, happen to be founde, gotten, had, and obteyned in any of the saide Landes, within the saide Lymitts, or in or witllin any Parte thereof, for, and in Satisfaccon of all manner Duties, Demaundes, and Services whatsoever to be done, made, or paid to Vs. our Heires or Successors, as in and by the said recited Indenture more at large maie appeare. NOWE Knowe Yee, that Wee, at the humble Suite and Peticon of the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and of others whome they have associated vnto them, HAVE, for divers good Causes and consideracons, vs moveing, graunted and confirmed, and by theis Presents of our especiall Grace, certen Knowledge, and meere mocon, doe graunt and confirme vnto the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and to their Associatts hereafter named; (videlicet) Sir Richard Saltonstall, Knight, Isaack Johnson, Samuel Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes, all the saide Parte of Newe England in America, lyeing and extending betweene the Boundes and Lvmytts in the said recited Indenture expressed, and all Landes and Groundes, Place and Places, Soyles, Woods and Wood Groundes, Havens, Portes, Rivers, Waters, Mynes, Mineralls, Jurisdiccons, Rightes, Royalties, Liberties, Freedomes, Immunities, Priviledges, Franchises, Preheminences, Hereditaments, and Comodities whatsoever, to them the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, theire Heires and Assignes, and to their Associatts, by the saide recited Indenture, given, graunted, bargayned, solde, enfeoffed, aliened, and confirmed, or mencoed or intended thereby to be given, graunted, bargayned, sold, enfeoffed, aliened, and confirmed: To HAVE, and to hould, the saide Parte of Newe England in America, and other the Premisses hereby mencoed to be graunted and confirmed, and every Parte and Parcell thereof with the Appurtenuces, to the saide Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Gode, Thomas Adams, John Browne, Samuel Bromine, Thomas Hutchins, Samuel Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes forever, to their onlie proper and absolute Vse and Behoofe for evermore; To be holden of Vs. our Heires and Successors, as of our Mannor of Eastgreenewich aforesaid, in free and comon Socage, and not in Capite, nor by Knights Service; AND ALSO YEILDING and paying therefore to Vs. our Heires and Successors, the fifte parte onlie of all Oare of Gould and Silver, which from tyme to tyme, and aft all tymes hereafter shalbe there gotten, had, or obteyned for all Services, Exaccons and Demaundes whatsoever, according to the Tenure and Reservacon in the said recited Indenture expressed. AND FURTHER, knowe yee, that of our more especiall Grace, certen Knowledg, and meere mocon, Wee have given and graunted, and by theis Presents, doe for Vs. our Heires and Successors, give and graunte onto the saide Sir Henry Rosewell, Sir John Younge. Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Gode, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes, all that Parte of Newe England in America, which lyes and extendes betweene a great River there, comonlie called Monomack River, alias Merrimack River, and a certen other River there, called Charles River, being in the Bottome of a certen Bay there, comonlie called Massachusetts, alias Mattachusetts, alias Massatusetts Bay; and also all and singuler those Landes and Hereditaments whatsoever, lying within the Space of Three Englishe Myles on the South Parte of the said River, called Charles River, or of any or every Parte thereof; and also all and singuler the Landes and Hereditaments whatsoever, lying and being within the Space of Three Englishe Miles to the southward of the southermost Parte of the said Baye, called Massachusetts, alias Mattachusetts, alias Massatusets Bay: And also all those Landes and Hereditaments whatsoever, which lye and be within the Space of Three English Myles to the Northward of the saide River, called Monomack, alias Merrymack, or to the Norward of any and every Parte thereof, and all Landes and Hereditaments whatsoever, lyeing within the Lymitts aforesaide, North and South, in Latitude and Bredth, and in Length and Longitude, of and within all the Bredth aforesaide, throughout the mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte; and all Landes and Groundes, Place and Places, Soyles, Woodes, and Wood Groundes, Havens, Portes, Rivers, Waters, and Hereditaments whatsoever, lyeing within the said Boundes and Lymytts, and every Parte and Parcell thereof; and also all Islandes in America aforesaide, in the saide Seas, or either of them, on the Westerne or Easterne Coastes, or Partes of the saide Tracts of Landes hereby mencoed to be given and graunted, or any of them; and all Mynes and Mynerals as well Royal mynes of Gold and Silver and other mynes and mynerals, whatsoever, in the said Landes and Premisses, or any parte thereof, and free Libertie of fishing in or within any the Rivers or Waters within the Boundes and Lymytts aforesaid, and the Seas therevnto adjoining; and all Fishes, Royal Fishes, Whales, Balan, Sturgions, and other Fishes of what Kinde or Nature soever, that shall at any time hereafter be taken in or within the saide Seas or Waters, or any of them, by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, Greorge Harwood, Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassell, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browner, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes, or by any other person or persons whatsoever there inhabiting, by them, or any of them, to be appointed to fishe therein. PROVIDED alwayes, That yf the said Landes, Islandes, or any other the Prernisses herein before menconed, and by theis presents, intended and meant to be graunted, were at the tyme of the graunting of the saide former Letters patents, dated the Third Day of November, in the Eighteenth Yeare of our said deare Fathers Raigne aforesaide, actuallie possessed or inhabited by any other Christian Prince or State, or were within the Boundes, Lymytts or Territories of that Southerne Colony, then before graunted by our said late Father, to be planted by divers of his loveing Subiects in the south partes of America, That then this present Graunt shall not extend to any such partes or parcells thereof, soe formerly inhabited, or lyeing within the Boundes of the Southerne Plantacon as aforesaide, but as to those partes or parcells soe possessed or inhabited by such Christian Prince or State, or being within the Bounders aforesaide shal be vtterlie voyd, theis presents or any Thinge therein conteyned to the contrarie notwithstanding. To HAVE and hould, possesse and enioye the saide partes of New England in America, which lye, extend, and are abutted as aforesaide,and every parse and parcell thereof; and all the Islandes, Rivers, Portes, Havens, Waters, Fishings, Fishes, Mynes, Myneralls, Jurisdiccons, Franchises, Royalties, Liberties, Priviledges, Comodities, and Premisses whatsoever, with the Appurtenances, vnto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Yen, Mathewe Cradock, George Harwood, Increase Noweil, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Gofle, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxeroft, their Heires and Assignes forever, to the onlie proper and absolute Vse and Behoufe of the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaac Johnson, Samuell Aldersey, John Ven, Mathewe Cradocke, George Harwood, Increase Noweil, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcroft, their Heires and Assignes forevermore: To BE HOLDEN of Vs. our Heires and Successors, as of our Manor of Eastgreenwich in our Countie of Kent, within our Realme of England, in free and comon Soccage, and not in Capite, nor by Knights Service; and also yeilding and paying therefore, to Vs. our Heires and Sucessors, the fifte Parte onlie of all Oare of Gould and Silver, which from tyme to tyme, and at all tymes hereafter, shal be there gotten, had, or obteyned, for all Services, Exaccons, and Demaundes whatsoever; PROVIDED alwaies, and our expresse Will and Meaninge is, that onlie one fifte Parte of the Gould and Silver Oare above mencoed, in the whole, and noe more be reserved or payeable vnto Vs. our Heires and Successors, by Collour or Vertue of theis Presents, the double Reservacons or rentals aforesaid or any Thing herein conteyned notwithstanding. AND FORASMUCH, as the good and prosperous Successe of the Plantacon of the saide Partes of Newe-England aforesaide intended by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey John Ven, Mathew Cradock, George Harwood, Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, to be speedily sett vpon, cannot but cheifly depend, next vnder the Blessing of Almightie God, and the support of our Royall Authoritie vpon the good Government of the same, To the Ende that the Affaires and Buyssinesses which from tyme to tyme shall happen and arise concerning the saide Landes, and the Plantation of the same maie be the better mannaged and ordered, WEE HAVE FURTHER hereby of our especial Grace, certain Knowledge and mere Mocon, Given, graunted and confirmed, and for Vs. our Heires and Successors, doe give, graunt, and confirme vnto our said trustie and welbeloved subjects Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endicott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Yen, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte: AND for Vs. our Heires and Successors, Wee will and ordeyne, That the saide Sir Henry Rosewell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endicott, Svmon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, and all such others as shall hereafter be admitted and made free of the Company and Society hereafter mencoed, shall from tyme to tyme, and att all tymes forever hereafter be, by Vertue of theis presents, one Body corporate and politique in Fact and Name, by the Name of the Governor and Company of the Mattachusetts Bay in Newe-England, and them by the Name of the Governour and Company of the Mattachusetts Bay in Newe-England, one Bodie politique and corporate, in Deede, Fact, and Name; Wee doe for vs. our Heires and Successors, make, ordoyne, constitute, and confirme by theis Presents, and that by that name they shall have perpetuall Succession, and that by the same Name they and their Successors shall and maie be capeable and enabled aswell to implead, and to be impleaded, and to prosecute, demaund, and aunswere, and be aunsweared veto, in all and singuler Suites, Causes, Quarrells, and Accons, of what kinde or nature soever. And also to have, take, possesse, acquire, and purchase any Landes, Tenements, or Hereditaments, or any Goodes or Chattells, and the same to lease, graunte, demise, alien, bargaine, sell, and dispose of, as other our liege People of this our Realme of England, or any other corporacon or Body politique of the same may lawfully doe. AND FURTHER, That the said Governour and Companye, and their Successors, maie have forever one comon Seale, to be vsed in all Causes and Occasions of the said Company, and the same Seale may alter, chaunge, breake, and newe make, from tyme to tyme, at their pleasures. And our Will and Pleasure is, and Wee doe hereby for Vs. our Heires and Successors, ordeyne and graunte, That from henceforth for ever, there shalbe one Governor, one Deputy Governor, and eighteene Assistants of the same Company, to be from tyme to tyme constituted, elected and chosen out of the Freemen of the saide Company, for the tyme being, in such Manner and Forme as hereafter in theis Presents is expressed, which said Officers shall applie themselves to take Care for the best disposeing and ordering of the generall buysines and Affaires of, for, and concerning the said Landes and Premisses hereby mencoed, to be graunted, and the Plantacion thereof, and the Government of the People there. AND FOR the better Execucon of our Royall Pleasure and Graunte in this Behalf, WEE doe, by theis presents, for Vs. our Heires and Successors, nominate, ordeyne, make, & constitute; our welbeloved the saide Mathewe Cradocke, to be the first and present Governor of the said Company, and the saide Thomas Goffe, to be Deputy Governor of the saide Company, and the saide Sir Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Nowell, Richard Pery, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion, to be the present Assistants of the saide Company, to continue in the saide several Offices respectivelie for such tyme, and in such manner, as in and by theis Presents is hereafter declared and appointed. AND FURTHER, Wee will, and by theis Presents, for Vs. our Heires and Successors, doe ordoyne and graunte, That the Governor of the saide Company for the tyme being, or in his Absence by Occasion of Sicknes or otherwise, the Deputie Governor for the tyme being, shall have Authoritie from tyme to tyme vpon all Occasions, to give order for the assembling of the saide Company, and calling them together to consult and advise of the Bussinesses and Affaires of the saide Company, and that the said Governor, Deputie Governor, and Assistants of the saide Company, for the tyme being, shall or maie once every Moneth, or oftener at their Pleasures, assemble and houlde and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their Affaires, and that any seaven or more persons of the Assistants, togither with the Governor, or Deputie Governor soe assembled, shalbe saide, taken, held, and reputed to be, and shalbe a full and sufficient Courte or Assemblie of the said Company, for the handling, ordering, and dispatching of all such Buysinesses and Occurrents as shall from tyme to tyme happen, touching or concerning the said Company or Plantacon; and that there shall or maie be held and kept by the Governor, or Deputie Governor of the said Company, and seaven or more of the said Assistants for the tyme being, vpon every last Wednesday in Hillary, Easter, Trinity, and Michas Termes respectivelie forever, one grease generall and solempe assemblie, which foure generall assemblies shalbe stiled and called the foure grease and generall Courts of the saide Company; IN all and every, or any of which saide grease and generall Courts soe assembled, WEE DOE for Vs. our Heires and Successors, give and graunte to the said Governor and Company, and their Successors, That the Governor, or in his absence, the Deputie Governor of the saide Company for the tyme being, and such of the Assistants and Freeman of the saide Company as shalbe present, or the greater nomber of them so assembled, whereof the Governor or Deputie Governor and six of the Assistants at the least to be seaven shall have full Power and authoritie to choose, nominate, and appointe, such and soe many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body, and them into the same to admits; and to elect and constitute such Officers as they shall thinke fitt and requisite, for the ordering, mannaging, and dispatching of the Affaires of the saide Govenor and Company, and their Successors; And to make Lawes and Ordinnces for the Good and Welfare of the saide Company, and for the Government and ordering of the saide Landes and Plantacon, and the People inhabiting and to inhabite the same, as to them from tyme to tyme shalbe thought meete, soe as such Lawes and Ordinances be not contrarie or repugnant to the Lawes and Statuts of this our Reaime of England. AND, our Will and Pleasure is, and Wee doe hereby for Vs, our Heires and Successors, establish and ordeyne, That yearely once in the yeare, for ever hereafter, namely, the last Wednesdav in Easter Tearme, yearely, the Governor, Deputy-Governor, and Assistants of the saide Company and all other officers of the saide Company shalbe in the Generall Court or Assembly to be held for that Day or Tyme, newly chosen for the Yeare ensueing by such greater parse of the said Company, for the Tyme being, then and there present, as is aforesaide. AND, yf it shall happen the present governor, Deputy Governor, and assistants, by theis presents appointed, or such as shall hereafter be newly chosen into their Roomes, or any of them, or any other of the officers to be appointed for the said Companv, to dye, or to be removed from his or their severall Offices or Places before the saide generall Day of Eleccon (whome Wee doe hereby declare for any Misdemeanor or Defect to be removeable by the Governor, Deputie Governor, Assistants, and Company, or such greater Parte of them in any of the publique Courts to be assembled as is aforesaid) That then, and in every such Case, it shall and maie be lawfull, to and for the Governor, Deputie Governor, Assistants, and Company aforesaide, or such greater Parte of them soe to be assembled as is aforesaide, in any of their Assemblies, to proceade to a new Eleccon of one or more others of their Company in the Roome or Place, Roomes or Places of such Officer or Officers soe dyeing or removed according to their Discrecons, And, Mediately vpon and after such Eleccon and Eleccons made of such Governor, Deputie Governor, Assistant or Assistants, or any other officer of the saide Company, in Manner and Forme aforesaid, the Authoritie, Office, and Power, before given to the former Governor, Deputie Governor, or other Officer and Officers soe removed, in whose Steade and Place newe shabe soe chosen, shall as to him and them, and everie of them, cease and determine PROVIDED alsoe, and our Will and Pleasure is, That aswell such as are by theis Presents appointed to be the present Governor, Deputie Governor, and Assistants of the said Company, as those that shall Succeed them, and all other Officers to be appointed and chosen as aforesaid, shall, before they undertake the Execucon of their saide Offices and Places respectivelie, take their Corporal Oathes for the due and faithfull Performance of their Duties in their severall Offices and Places, before such Person or Persons as are by theis Presents hereunder appointed to take and receive the same; That is to saie, the saide Mathewe Cradock, whoe is hereby nominated and appointed the present Governor of the saide Company, shall take the saide Oathes before one or more of the Masters of our Courte of Chauncery for the Tyme being, vnto which Master or Masters of the Chauncery, Wee doe by theis Presents give full Power and Authoritie to take and administer the said Oathe to the said Governor accordinglie: And after the saide Governor shalbe soe sworne, then the said Deputy Governor and Assistants, before by theis Presents nominated and appointed, shall take the said severall Oathes to their Offices and Places respectivelie belonging, before the said Mathew Cradock, the present Governor, soe formerlie sworne as aforesaide. And every such person as shall be at the Tyme of the annuall Eleccon, or otherwise, vpon Death or Removeall, be appointed to be the newe Governor of the said Company, shall take the Oathes to that Place belonging, before the Deputy Governor, or two of the Assistants of the said Company at the least, for the Tyme being: And the newe elected Deputie Governor and Assistants, and all other officers to be hereafter chosen as aforesaide from Tyme to Tyme, to take the Oathes to their places respectivelie belonging, before the Governor of the said Company for the Tyme being, vnto which said Governor, Deputie Governor, and assistants, Wee doe by theis Presents Give full Power and Authoritie to give and administer the said Oathes respectively, according to our true Meaning herein before declared, without any Comission or further Warrant to be had and obteyned of our Vs. our Heires or Successors, in that Behalf. AND, Wee doe further, of our especial Grace, certen Knowledge, and meere mocon, for Vs. our Heires and Successors, give and graunte to the said Governor and Company, and their Successors for ever by theis Presents, That it shalbe lawfull and free for them and their Assignes, at all and every Tyme and Tymes hereafter, out of any our Realmes or Domynions whatsoever, to take, leade, carry, and transport, for in and into their Voyages, and for and towardes the said Plantacon in Newe England, all such and soe many of our loving Subjects, or any other strangers that will become our loving Subjects, and live under our Allegiance, as shall willinglie accompany them in the same Voyages and Plantacon; and also Shippmg, Armour, Weapons, Ordinance, Municon, Powder, Shott, Come, Victualls, and all Manner of clothing, Implements, Furniture, Beastes, Cattle, Horses, Mares, Merchandizes, and all other Thinges necessarie for the saide Plantacon, and for their Vse and Defence, and for Trade with the People there, and in passing and returning to and fro, any Lawe or Statute to the contrarie hereof in any wise notwithstanding; and without payeing or yeilding any Custome or Subsidie, either inward or outward, to Vs. our Heires or Successors, for the same, by the Space of seaven Yeares from the Day of the Date of theis Presents. PROVIDED, that none of the saide Persons be such as shalbe hereafter by especiall Name restrayned by Vs. our Heires or Successors. AND, for their further Encouragement, of our especiall Grace and Favor, Wee doe by theis Presents, for Vs. our Heires and Successors, yeild and graunt to the saide Governor and Company, and their Successors, and every of them, their Factors and Assignes, That they and every of them shalbe free and quits from all Taxes, Subsidies, and Customes, in Newe England, for the like Space of seaven Yeares, and from all Taxes and Imposicons for the Space of twenty and one Yeares, vpon all Goodes and Merchandizes at any Tyme or Tymes hereafter, either vpon Importacon thither, or Exportacon from thence into our Realme of England, or into any other our Domynions by the said Governor and Company, and their Successors, their Deputies, Factors, and Assignes, or any of them; EXCEPT onlie the five Pounds per Centum due for Custome vpon all such Goodes and Merchandizes as after the saide seaven Yeares shalbe expired, shalbe brought or imported into our Realme of England, or any other of our Dominions, according to the auncient Trade of Merchants, which five Poundes per Centum onlie being paide, it shall be thenceforth lawfull and free for the said Adventurers, the same Goodes and Merchandizes to export and carry out of our said Domynions into forraine Partes, without any Custome, Tax or other Dutie to be paid to Vs. our Heires or Successors, or to any other Officers or Ministers of Vs. our Heires and Successors. PROVIDED, that the said Goodes and Merchandizes be shipped out within thirteene Monethes, after their first Landing within any Parte of the saide Domynions. AND, Wee doe for Vs. our Heires and Successors, give and graunte vnto the saide Governor and Company, and their Successors, That whensoever, or soe often as any Custome or Subsedie shall growe due or payeable vnto Vs our Heires, or Successors, according to the Lymittacon and Appointment aforesaide, by Reason of any Goodes, Wares, or Merchandizes to be shipped out, or any Retorne to be made of any Goodes, Wares, or Merchandize vnto or from the said Partes of Newe England hereby moncoed to be graunted as aforesaid, or any the Landes or Territories aforesaide, That then, and soe often, and in such Case, the Farmors, Customers, and Officers of our Customes of England and Ireland, and everie of them for the Tyme being, vpon Request made to them by the saide Governor and Company, or their Successors, Factors or Assignes, and vpon convenient Security to be given in that Behalf, shall give and allowe vnto the said Governor and Company, and their Successors, and to all and everie Person and Persons free of that Company, as aforesaide, six Monethes Tyme for the Payement of the one halfe of all such Custome and Subsidy as shalbe due and payeable unto Vs. our Heires and Successors, for the same; for which theis our Letters patent, or the Duplicate, or the inrollemt thereof, shalbe vnto our saide Officers a sufficient Warrant and Discharge. NEVERTHELESS, our Will and Pleasure is, That yf any of the saide Goodes, Wares, and Merchandize, which be, or shalbe at any Tyme hereafter landed or exported out of any of our Realmes aforesaide, and shalbe shipped with a Purpose not to be carried to the Partes of Newe England aforesaide, but to some other place, That then such Payment, Dutie, Custome, Imposicon, or Forfeyfure, shalbe paid, or belonge to Vs. our Heires and Successors, for the said Goodes, Wares, and Merchandize, soe fraudulently sought to be transported, as yf this our Graunte had not been made nor graunted. AND, Wee doe further will, and by theis Presents, for Vs. our Heires and Successors, firmlie enioine and comaunde, as well the Treasorer, Chauncellor and Barons of the Exchequer, of Vs. our Heires and Successors, as also all and singuler the Customers, Farmors, and Collectors of the Customes, Subsidies, and Imposts and other the Officers and Ministers of Vs our Heires and Successors whatsoever, for the Tyme Being, That they and every of them, vpon the strewing forth vnto them of theis Letters patents, or the Duplicate or exemplificacon of the same, without any other Writt or Warrant whatsoever from Vs. our Heires or Successors, to be obteyned or sued forth, doe and shall make full, whole, entire, and due Allowance, and cleare Discharge vnto the saide Governor and Company, and their Successors, of all Customes, Subsidies, Imposicons, Taxes and Duties whatsoever, that shall or maie be claymed by Vs. our Heires and Successors, of or from the said Governor and Company, and their Successors, for or by Reason of the said Goodes, Chattels, Wares, Merchandizes, and Premises to be exported out of our saide Domynions, or any of them, into any Parte of the saide Landes or Premises hereby mencoed, to be given, graunted, and confirmed, or for, or by Reason of any of the saide Goodes, Chattells, Wares, or Merchandizes to be imported from the said Landes and Premises hereby mencoed, to be given, graunted, and confirmed into any of our saide Dominions, or any Parte thereof as aforesaide, excepting onlie the saide five Poundes per Centum hereby reserved and payeable after the Expiracon of the saide Terme of seaven Yeares as aforesaid, and not before: And theis our Letters-patents, or the Inrollment, Duplicate, or Exemplificacon of the same shalbe for ever hereafter, from time to tyme, as well to the Treasorer, Chauncellor and Barons of the Exchequer of Vs. our Heires and Successors, as to all and singuler the Customers, Farmors, and Collectors of the Customes, Subsidies, and Imposts of Vs. our Heires and Successors, and all Searchers, and other the Officers and Ministers whatsoever of Vs. our Heires and Successors, for the Time being, a sufficient Warrant and Discharge in this Behalf. AND, further our Will and Pleasure is, and Wee doe hereby for Vs. our Heires and Successors, ordeyne and declare, and graunte to the saide Governor and Company, and their Successors, That all and every the Subiects of Vs. our Heires or Successors, which shall goe to and inhabite within the saide Landes and Premisses hereby mencoed to be graunted, and every of their Children which shall happen to be borne there, or on the Seas in goeing thither, or returning from thence, shall have and enjoy all liberties and Immunities of free and naturall Subiects within any of the Domynions of Vs. our Heires or Successors, to all Intents, Construccons, and Purposes whatsoever, as yf they and everie of them were borne within the Realme of England. And that the Governor and Deputie Governor of the said Company for the Tyme being, or either of them, and any two or more of such of the saide Assistants as shalbe therevnto appointed by the saide Governor and Companv at any of their Courts or Assemblies to be held as aforesaide, shall and maie at all Tymes, and from tyme to tyme hereafter, have full Power and Authoritie to minister and give the Oathe and Oathes of Supremacie and Allegiance, or either of them, to all and everie Person and Persons, which shall at any Tyme or Tymes hereafter goe or passe to the Landes and Premisses hereby mencoed to be graunted to inhabite in the same. AND, Wee doe of our further Grace, certen Knowledg and meere Mocon, give and graunte to the saide Governor and Companv, and their Successors, That it shall and male be lawfull, to and for the Governor or Deputie Governor, and such of the Assistants and Freemen of the said Company for the Tyme being as shalbe assembled in any of their generall Courts aforesaide, or in any other Courtes to be specially sumoned and assembled for that Purpose, or the greater Parte of them (whereof the Governor or Deputie Governor, and six of the Assistants to be alwaies seaven) from tyme to tyme, to make, ordeine, and establishe all Manner of wholesome and reasonable Orders, Lawes, Statutes, and Ordilmces, Direccons, and Instruccons, not contrairie to the Lawes of this our Realme of England, aswell for selling of the Formes and Ceremonies of Governmt and Magistracy fitt and necessary for the said Plantacon, and the Inhabitants there, and for nameing and setting of all sorts of Officers, both superior and inferior, which they shall finde needefull for that Governement and Plantacon, and the distinguishing and setting forth of the severall duties, Powers, and Lymytts of every such Office and Place, and the Formes of such Oathes warrantable by the Lawes and Statutes of this our Realme of England, as shalbe respectivelie ministred vnto them for the Execucon of the said severall Offices and Places; as also, for the disposing and ordering of the Eleccons of such of the said Officers as shalbe annuall, and of such others as shalbe to succeede in Case of Death or Remove all and ministering the said Oathes to the newe elected Officers, and for Imposicons of lawfull Fynes, Mulcts, Imprisonment, or other lawfull Correccon, according to the Course of other Corporacons in this our Realme of England, and for the directing, ruling, and disposeing of all other Matters and Thinges, whereby our said People, Inhabitants there, may be soe religiously, peaceablie, and civilly governed, as their good Life and orderlie Conversacon, maie wynn and incite the Natives of Country, to the KnowIedg and Obedience of the onlie true God and Saulor of Mankinde, and the Christian Fayth, which in our Royall Intencon, and the Adventurers free Profession, is the principall Ende of this Plantacion. WILLING, comaunding, and requiring, and by theis Presents for Vs. our Heiress Successors, ordoyning and appointing, that all such Orders, Lawes, Statuts and Ordinnces, Instruccons and Direccons, as shalbe soe made by the Governor, or Deputie Governor of the said Company, and such of the Assistants and Freemen as aforesaide, and published in Writing, under their comon Seale, shalbe carefullie and duly observed, kept, performed, and putt in Execucon, according to the true Intent and Meaning of the same; and theis our Letters-patents, or the Duplicate or exemplificacon thereof, shalbe to all and everie such Officers,-superior and inferior, from Tyme to Tyme, for the putting of the same Orders, Lawes, Statutes, and Ordinuces, Instruccons, and Direccons, in due Execucon against Vs. our Heires and Successors, a sufficient Warrant and Discharge. AND WEE DOE further, for Vs. our Heires and Successors, give and graunt to the said Governor and Company, and their Successors bv theis Presents, that all and everie such Chiefe Comaunders, Captaines, Governors, and other Officers and Ministers, as by the said Orders, Lawes, Statuts, Ordinnces, Instruccons, or Direccons of the said Governor and Company for the Tyme being, shalbe from Tyme to Tyme hereafter vmploied either in the Government of the saide Inhabitants and Plantacon, or in the Waye by Sea thither, or from thence, according to the Natures and Lymitts of their Offices and Places respectively, shall from Tyme to Tyme hereafter for ever, within the Precincts and Partes of Newe England hereby mencoed to be graunted and confirmed, or in the Waye by Sea thither, or from thence, have full and Absolute Power and Authoritie to correct, punishe, pardon, governe, and rule all such the Subiects of Vs. our Heires and Successors, as shall from Tyme to Tyme adventure themselves in any Voyadge thither or from thence, or that shall at any Tyme hereafter, inhabite within the Precincts and Partes of Newe England aforesaid, according to the Orders, Lawes, Ordinnces, Instruccons, and Direccons aforesaid, not being repugnant to the Lawes and Statutes of our Realme of England as aforesaid. AND WEE DOE further, for Vs. our Heires and Successors, give and graunte to the said Governor and Company, and their Successors, by theis Presents, that it shall and maie be lawfull, to and for the Chiefe Comaunders, Governors, and officers of the said Company for the Time being, who shalbe resident in the said Parte of Newe England in America, by theis presents graunted, and others there inhabiting by their Appointment and Direccon, from Tyme to Tyme, and at all Tymes hereafter for their speciall Defence and Safety, to incounter, expulse, repell, and resist by Force of Armes, aswell by Sea as by Lande, and by all fitting Waies and Meanes whatsoever, all such Person and Persons, as shall at any Tyme hereafter, attempt or enterprise the Destruccon, Invasion, Detriment, or Annoyaunce to the said Plantation or Inhabitants, and to take and surprise by all Waies and Meanes whatsoever, all and every such Person and Persons, with their Shippes, Armour, Municons and other Goodes, as shall in hostile manner invade or attempt the defeating of the said Plantacon, or the Hurt of the said Company and Inhabitants: NEVERTHELESS, our Will and Pleasure is, and Wee doe hereby declare to all Christian Kinges, Princes and States, that yf any Person or Persons which shall hereafter be of the said Company or Plantacon or any other by Lycense or Appointment of the said Governor and Company for the Tyme being, shall at any Tyme or Tymes hereafter, robb or spoyle, by Sea or by Land, or doe any Hurt, Violence, or vnlawful Hostilitie to any of the Subjects of Vs. our Heires or Successors, or any of the Subjects of any Prince or State, being then in League and Amytie with Vs. our Heires and Successors, and that upon such injury don and vpon iust Complaint of such Prince or State or their Subjects, WEE, our Heires and Successors shall make open Proclamacon within any of the Partes within our Realme of England, comodious for that purpose, that the Person or Persons haveing comitted any such Roberie or Spoyle, shall within the Terme lymytted by such a Proclamacon, make full Restitucon or Satisfaccon of all such Iniureis don, soe as the said Princes or others so complayning, maie hould themselves fullie satisfied and contented; and that yf the said Person or Persons, haveing comitted such Robbery or Spoile, shall not make, or cause to be made Satisfaccon accordinglie, within such Tyme soe to be lymytted, that then it shalbe lawfull for Vs. our Heires and Successors, to putt the said Person or Persons out of our Allegiance and Proteccon, and that it shalbe lawfull and free for all Princes to prosecute with Hostilitie, the said Offendors, and every of them, their and every of their Procurers, Ayders, Abettors, and Comforters in that Behalf: PROVIDED also, and our expresse Will and Pleasure is, And Wee doe by theis Presents for Vs. our Heires and Successors ordeyne and appoint That theis Presents shall not in any manner envre, or be taken to abridge, barr, or hinder any of our loving subjects whatsoever, to vse and exercise the Trade of Fishing vpon that Coast of New England in America, by theis Presents mencoed to be graunted. But that they, and every, or any of them shall have full and free Power and Liberty to continue and vse their said Trade of Fishing vpon the said Coast, in any the Seas therevnto adioyning, or any Armes of the Seas or Saltwater Rivers where they have byn wont to fishe, and to build and sett vp vpon the Landes by theis Presents graunted, such Wharfes, Stages, and Workehouses as shalbe necessarie for the salting, drying, keeping, and packing vp of their Fish, to be taken or gotten vpon that Coast; and to cutt down, and take such Trees and other Materialls there groweing, or being, or shalbe needefull for that Purpose, and for all other necessarie Easements, Helpes, and Advantage concerning their said Trade of Fishing there, in such Manner and Forme as they have byn heretofore at any tyme accustomed to doe, without making any wilfull Waste or Spoyle, any Thing in theis Presents conteyned to the contrarie notwithstanding. AND WEE DOE further, for Vs. our Heires and Successors, ordeyne and graunte to the said Governor and Company, and their Successors by theis Presents that theis our Letters-patents shalbe firme, good, effectuall, and availeable in all Thinges, and to all Intents and Construccons of Lawe, according to our true Meaning herein before declared, and shalbe construed, reputed, and adjudged in all Cases most favourablie on the Behalf, and for the Benefist and Behoofe of the saide Governor and Company and their Successors: ALTHOUGH expresse mencon of the true yearely Value or certenty of the Premisses or any of them; or of any other Guiftes or Grauntes, by Vs. or any of our Progenitors or Predecessors to the foresaid Governor or Company before this tyme made, in theis-Presents is not made; or any Statute, Acte, Ordinnce, Provision, Proclamacon, or Restrainte to the contrarie thereof, heretofore had, made, published, ordeyned, or provided, or any other Matter, Cause, or Thinge whatsoever to the contrarie thereof in any wise notwithstanding. IN WITNES whereof, Wee have caused theis our Letters to be made Patents. WITNES ourself, at Westminster, the fourth day of March, in the fourth Yeare of our Raigne. Per Breve de Privato Sigillo, Wolseley. Praedictus Matthaeus Cradocke Juratus est de Fide et Obedientia Regi et Successoribus suis, et de Debita Executione Officii Guberatoris Juxta Tenorem Praesentium, 18° Martii, 1628. Coram me Carolo Casare Milite in Cancellaria Mro. CHAR.CAESAR.
- Grant of Maine 1622
A Grant of the Province of Maine August 10, 1622 A Grant of the Province of Maine to Sir Ferdinando Gorges and John Mason, esq., This indenture, made the 10th day of August, Anno Dom. 1622, and in the 20th yeare of the reigne of our Sovereigne Lord James, by the grace of God King of England, Scotland, France and Ireland, Defender of the Faith, &c. Between the President and councill of New-England on the one part, and Sir Ferdinando Gorges, of London, Knight, and Captain John Mason, of London, Esquire, on ye other part: Witnesseth, that whereas our said Sovereigne Lord King James, for the making of a plantation and establishing a colony or colonies in ye country called or knowne by ye names of New-England in America, hath, by his Highness Letters Patents, under the Great Seale of England, bearing date at Westmr. the 3d day of November, in the l8th yeare of his reigne, given, granted and confirmed unto the Right Honorable Lodowick, Duke of Lenox; George, Marquis of Buckingham; James, Marquis Hamilton; Thomas, Earl of Arundell; Robert, Earl of Warwick; Sir Ferdinando Gorges, Knt., and divers others whose names are expressed in ye said Letters Patents, and their successors and assignee, that they shall be one Body Politique and Corporate perpetuall, and that they should have perpetual succession, &c., and one comon scale or scales, to serve for the said Body, and that they and their successors shall be known, called and incorporated by the name of the President and Councill established at Plymouth in the county of Devon, for the planting, ruling and governing of New-England in America; and also hash, of his especiall grace, certaine knowledge and meer motion, for him, his heyres and successors; and given, granted and confirmed unto the said President and councill, and their succesors, under the reservacons, limitacons and declaracons in the said Letters Patents expressed, all that part or porcon of that country now commonly called New-England web is situate, lying and being between the latitude of forty and fortyeight degrees northerly latitude, together with the seas and islands lying within one hundred miles of any part of the said coasts of the country This document appears in the Compendium: Chapter 2 Annotation: James I of England issued the Grant of Maine, transferring large tracts of land in northern New England to Sir Ferdinando Gorges as part of England’s broader effort to expand and organize colonial settlement in North America following the early Virginia experiments. The grant aimed to expand permanent English colonization, establish proprietary governance, and counter French influence in the region, laying legal foundations for what would later become the Province of Maine. Author: James I Text Source: https://avalon.law.yale.edu/17th_century/me01.asp aforesaid; and also all the lands, soyle, grounds, havens, ports, rivers, mines, as well royal mines of gold and silver, as other mines, minerals, pearls and pretious stones, woods, queries, marshes waters, fishings, hunting, hawking, fowling, commodities and hereditaments whatsoever, together with all prerogatives, jurisdictions, royaltys, privileges, franchises and preliminaries within any of the said territories and precincts thereof whatsoever. To have, hold, possess and enjoy, all and singular, the said lands and premises, in the said Letters Patent granted and menconed to be granted, unto the said President and councill, their successors and assignee for ever; to be holden of his Majesty, his heyers and successors, as of his Highness Manor of East Greenwich, in the county of Kent, in free and common soccage and not in capite or by Knts. service-yielding and paying to the Kings Majestie, his heyers and successors, the one fifth part of all gold and silver care that from time to time, and at all times from the date of the said Letters Patents, shall be there gotten, had or obtayned for all services, dutyes and demands as in and his highness said Letters Patents amongst other divers things therein contayned, more fully and at large it doth appeare. And whereas the said President and Councill have, upon mature deliberacon, thought fitt, for the better furnishing and furtherance of the plantation in those parts to appropriate and allots to several and particular persons divers parcels of lands within the precincts of the aforesaid granted premises by his Majesty's said Letters Patents. Now this indenture witnesseth, that ye said President and council, of their full, free and mutual consent, as well to the end that all the lands, woods, lakes, rivers, waters, islands and fishings, with all other the traffics, profits and commodities whatever to them or any of them belonging, and hereafter in these presents menconed may be wholly and entirely invested, appropriated, severed and settled in and upon ye said Ferdinando Gorges and Capt. John Mason, their heyers and assignee forever, as for divers speciall services for the advancement of the sd plantacons and other good and sufficient causes and consideracons, them especially thereunto moving, have given granted bargained sould assigned aliened set over enfeofed and confirmed and by these presents doe give grant bargain sell assigne alien set over and confirm unto ye said Ferdinando Gorges and Capt. John Mason, their heirs and assignee, all that part of the main land in New-England lying upon the sea-coast betwixt ve rivers of Merrimack and Sagadahock and to the furthest heads of the said rivers, and soe forwards up into the land westward until three-score miles be finished from ye first entrance of the aforesaid rivers, and halfway over; that is to say, to the midst of the said two rivers web bounds and limitts the lands aforesaid together wit all the islands and isletts within five leagues distance of ye premises and abutting upon ye same or any part or parcell thereof. As also all the lands, soyle, grounds, harbors, ports, rivers, mines, mineralls, pearls, pretious stones, woods, quarries, marshes, waters, fishings, hunting, hawking, fowling, and other commodities and hereditaments whatsoever; with all and singular their appurtenances, together with all prerogatives, rights, royalties, jurisdictions, privileges, franchises, liberties, preheminences, marine power, in and upon ye said seas and rivers; as also all escheats and casualties thereof, as flotson, jetson, lagon, with anchorage, and other such duties, immunities, sects, isletts and appurtenances whatsoever, with all the estate, right title, interest, and claim and demands whatsoever wch ye said President and councill, and their successors, of right ought to have or claim in or to the said porcons of lands, rivers, and other ye said premises, as is aforesaid by reason or force of his highness' said Letters Patents, in as free, large, ample and beneficial manner, to all intents, constructions and purposes whatsoever, as in and by the said Letters Patents ye same are among other things granted to the said President and councill aforesaid, except two fifths of the care of gold and silver in these parts hereafter expressed, wth said porcons of lands, wth ye appurtenances, the said Sr. Ferdinando Gorges and Capt. John Mason, with the consent of ye President and Councill, intend to name to name The Province of Maine. To have and to hould all the said porcons of land, islands, rivers and premises as aforesaid, and all and singular other ye commodytyes and hereditaments hereby given, granted, aliened, enfeoded and confirmed, or menconed or intended by these presents to be given, granted, aliened, enfeofled and confirmed, with all and singular ye appurtenances and every part and parcell thereof, unto the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignee for ever, to be holden of his said Majesty, his heirs and successors, as of his Highness Manor of East-Greenwich, in the county of Kent, in free and common socage, and not in capite or by Knight's service. Nevertheless, with such exceptions reservacons, limatacons and declaracons as in the said Letters Patents are at large expressed; yielding and paying unto our Sovereign Lord the King, his heyres and successors, the fifth part of all ye care of gold and silver that from time to time, and aft all times hereafter, shall be there gotten, had and obtayned, for all services, duties, and demands. And also yielding and paying unto the said President and councill, and their successors, verely the sum of tenn shillings English money, if it be demanded. And the said President and councill, for them and their successors, doe covenant and grant to and with the said Sr. Ferdinando Gorges and Capt. John Mason, their heirs arid assigns. from and after the ensealing and delivery of these patents, according to the purport, true intent and meaning of these presents, that they shall from henceforth, from time to time for ever, peaceably and quietly have, hold, possess and enjoy, all ye aforesaid lands, islands, rivers and premises, with ye appurtenances hereby before given and granted, or menconed or intended to be hereby before given and granted, and every part and parcell thereof, without any lift, disturbance, denyal, trouble, interrupcon or evacon of or by the said President and councill, or any person or persons whatsoever, claiming by, from, or under them, or their successors, or by or under their estate, right, title or interest. And ye said President and councill, for them and their successors, doe further covenant and grant, to and with ye said Sr. Ferdinando Gorges and Capt. Mason, their heyres and assignee, by these presents, that they, ye said President and Councill, at all times hereafter, upon reasonable request, at ye only proper costs and charges in the law of ye said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignee, doe make, perform, suffer, execute, and willingly consent unto any further act or acts, conveyance or conveyances, assurance or assurances whatsoever, for the good and perfect investing, assuring and conveying, and sure making, of all the aforesaid porcons of lands, islands, rivers and all and singular their appurtenances, to ye said Sr. Ferdinando Gorges and caps. John Mason, their heyres and assigns, as by them, their heires and assignee, or by his or their, or any of their councill, learned in the law shall be devised, advised or required. And further, it is agreed by and between the said parties to these presents, and ye said Sr. Ferdinando Gorges and Capt. John Mason, for them, their heyres, executors, administrators and assignee, doe covenant to and with the said president and council, and their successors, by these presents that if at any time hereafter there shall be found any oare of gold and silver within the ground in any part of the said premises, that then they, the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignee, shall yield and pay unto the said President and councill, their successors and assignee, one fifth part of all such gold and silver oare as shall be found within and upon ye premises, and digged and brought above ground to be delivered above ground, and that always within reasonable and convenient time, if it be demanded after the finding, getting, and digging up of such care as aforesaid, without fraud or covin, and according to the true intent and meaning of these presents. And the said Sr. Ferdinando Gorges and Capt. John Mason doe further covenant for them, their heyres and assignee, that they will establish such government in the said porcons of lands and islands granted unto them, and the same will from time to time continue, as shall be agreeable, as neere as may be to the laws and customs of the realme of England; and if they shall be charged at any time to have neglected their duty therein, that thus they well conforme the same according to the direct-the President and councill; or in default thereof it shall be lawful for any of the aggrieved inhabitants and planters, being teen's upon ye said lands, to appeal to ye chief courts of justices of the President and councill. And ye sd Sr. Ferdinando Gorges and Capt. John Mason doe covenant and grant, to and with ye said President and councill, their successors and assigns, by these presents, that they, the said Sr. Ferdinando Gorges and Capt. John Mason, shall and will, before the expiracon of three years, to be accompted from the day of the date hereof, have in or upon the said porcons of lands, or some part thereof; one parse with a competent guard, and ten families at least of his Majestie's subjects resident and being in and upon ye same premises; or in default thereof shall and will forfeit and loose to the said President and councill the sum of one hundred pounds sterling money; and further, that if the said Sr.Ferdinando Gorges and Capt. John Mason, their heires or assignee, shall at any time hereafter alien these premises, or any part thereof, to any foraiglle nations, or to any person or persons of any foraigne nation? without the special license, consent, and agreement of the said President and councill, their successors and assignee, that then the part or parts of the said lands so alienated, shall immediately return back to the use of the said President and Councill. And further Know ye, that ye said President and Councill have made, constituted, deputed, authorized and appointed, and in their place and stead do put Capt. Robert Gorges, or, in his absence, to any other person that shall be their governor or other officer, to be their true and lawfull attorney, and in their name and stead to enter the said porcons of lands, and other the premises wth eclair appurtenances, or into some part thereof in name of the whole, for them and in their name to have and take possession and siezin thereof, or some part thereof in the name of the whole, so had and taken, there for them, and in their names to deliver the full and peaceable possession and siezin of all and singular the said granted premises unto the said Sr. Ferdinando Gorges and Capt. John Mason, or to their certaine attorney or attorneys in that behalf, according to the true intent and meaning of these presents, ratifying and confirming and allowing all and whatsoever their said attorney shall doe in or about the premises by these presents. In witness whereof to one part of these presents indentures, remaining in the hands of Sir Ferdinando Gorges and Capt. John Mason, the said President and councill have caused their common seal to be affixed, and to the other of these present indentures, remaining in the custody of the said President and councill, the said Sir Ferdinando Gorges and Capt. John Mason have put to their hands and seals. Given the day and year first above written.
- Ordinances for Virginia
Ordinances for Virginia July 24, 1621 An Ordinance and Constitution of the Treasurer, Council, and Company in England, for a Council of State and General Assembly. TO all People, to whom these Presents shall come, be seen, or heard, The Treasurer, Council, and Company of Adventurers and Planters for the City of London for the first Colony of Virginia, send Greeting. KNOW YE, that we, the said Treasurer, Council, and Company, taking into our careful Consideration the present State of the said Colony of Virginia., and intending, by the Divine Assistance, to settle such a Form of Government there, as may be to the greatest Benefit and Comfort of the People, and whereby all Injustice, Grievances, and Oppression may be prevented and kept of as much as possible from the said Colony, have thought fit to make our Entrance, by ordering and establishing such Supreme Councils, as may not only be assisting to the Governor for the time being, in the Administration of Justice, and the executing of other Duties to this office belonging, but also, by their vigilant care and Prudence, may provide, as well for a Remedy of all Inconveniences, growing from time to time, as also for advancing of Increase, Strength, Stabllity, and Prosperity of the said Colony: II. WE therefore, the said Treasurer, Council, and Company, by Authority directed to us from his Majesty under the Great Seal, upon mature Deliberation, do hereby order and declare, that, from hence forward, there shall be TWO SUPREME COUNCILS in Virginia, for the better Government of the said Colony aforesaid. III. THE one of which Councils, to be called THE COUNCIL OF STATE (and whose Office shall chiefly be assisting, with their Care, Advise, and Circumspection, to the said Governor) shall be chosen, nominated, placed and displaced, from time to time, by Us, the said Treasurer, Council, and Company, and our Successors: Which Council of State shall consist, for the present, only of these Persons, as are here inserted, viz. Sir Francis Wyat, Governor of Virginia, Captain Francis West, Sir George Yeardley, Knight, Sir William Neuce, This document appears in the Compendium: Chapter 2 Annotation: The Virginia Company issued the Ordinances for Virginia, a sweeping constitutional framework designed to formalize governance in the colony following years of instability, conflict, and administrative experimentation. The ordinances established a more structured system of local self-government in Virginia, refining the role of the governor and council while expanding mechanisms for colonial participation in lawmaking and marking a key step in the evolution of representative institutions in English America. Author: James I Text Source: https://avalon.law.yale.edu/17th_century/va04.asp Knight Marshal of Virginia, Mr. George Sandys, Treasurer, Mr. George Thorpe, Deputy of the College, Captain Thomas Nence, Deputy for the Company, Mr. Pawlet, Mr. leech, Captain Nathaniel Powel, Mr. Christopher Davison, Secretary, Doctor Pots, Physician to the Company, Mr. Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Harrier, Mr. John Potuntis, Mr. Michael lapworth, Mr. Harwood, Mr. Sarrvuel Macock. Which said Counsellors and Council we earnestly pray and desire, and in his Majesty's Name strictly charge and command, that (all Factions, Partialities, and sinister Respect laid aside) they bend their Care and Endeavours to assist the said Governor; first and principally, in the Advancement of the Honour and Service of God, and the Enlargement of his Kingdom amongst the Heathen People; and next, in erecting of the said Colony in due obedience to his Majesty, and all lawful Authority from his Majesty's Directions; and lastly, in maintaining the said People in Justice and Christian Conversation amongst themselves, and in Strength and Ability to withstand their Enemies. And this Council, to be always, or for the most Part, residing about or near the Governor IV. The other Council, more generally to be called by the Governor, once yearly, and no oftener, but for very extraordinary and important occasions, shall consist, for the present, of the said Council of State, and of two Burgesses out of every Town, Hundred, or other particular Plantation, to be respectively chosen by the Inhabitants: Which Council shall be called THE GENERAL ASSEMBLY, wherein (as also in the said Council of State) all Matters shall be decided, determined, and ordered, by the greater Part of the Voices then present; reserving to the Governor always a Negative Voice. And this General Assembly shall have free Power to treat, consult, and conclude, as well of all emergent Occasions concerning the Publick Weal of the said Colony and every Part thereof, as also to make, ordain, and enact such general Laws and Orders, for the Behoof of the said Colony, and the good Government thereof, as shall, from time to time, appear necessary or requisite; V. WHEREAS in all other Things, ire require the said General Assembly, as also the said Council of State, to imitate and follow the Policy of the Form of Government, Laws, Customs, and Manner of Trial, and other Administration of Justice, used in the Realm of England, as near as may be, even as ourselves, by his Majesty's Letters Patent, are required. VI. PROVIDED, that no Law or Ordinance, made in the said General Assembly, shall be or continue in Force or Validity, unless the same shall be solemnly ratified and confirmed, in a General Quarter Court of the said Company here in England and so ratified, be returned to them under our Seal; It being our Intent to afford the like Measure also unto the said Colony, that after the Government of the said Colony shall once have been well framed, and settled accordingly, which is to be done by Us, as by Authority derived from his Majesty, and the same shall have been so by us declared, no Orders of Court afterwards shall bind the said Colony, unless they be ratified in like Manner in the General Assemblies. IN WITNESS wherof wee have hereunto sett our Comon seale the 24th day of [July] 1621, and in the yeare of the raigne of our governoure Lord James by the [Grace] of God of England Scotland ffrance and Ireland King defendor of the [faith] vizt of England ffrance and Scotland the Nyneteenth and of Scotland the fower and ffiftieth.
- Dutch Purchase of Manhattan
Notification of the Purchase of Manhattan by the Dutch November 5, 1626 Notification of the Purchase of Manhattan by the Dutch High and Mighty Lords: Yesterday arrived here the ship the Arms of Amsterdam, which sailed from New Netherland, out of the river Mauritius, on the 23rd September. They report that our people are in good heart and live in peace there; the women also have borne some children there. They have purchased the island Manhattes from the Indians for the value of 60 guilders; 'tis 11,000 morgens in size. They had all their grain sowed by the middle of May and reaped by the middle of August. They send thence samples of summer grain such as wheat, rye, barley, oats, buckwheat, canary seed, beans, and flax. The cargo of the aforesaid ship is: 7246 beaver skins, 178 1/2 otter skins, 675 otter skins, 48 mink skins, 36 wildcat skins, 33 minks, 34 rat skins, considerable oak, timber and hickory. Herewith, high and mighty Lords, be commended to the mercy of the Almighty. In Amsterdam, the 5th November, A. D. 1626. Your High Mighty's obedient, P. J. Schagen. This document appears in the Compendium: Chapter 2 Schagen Letter - Courtesy of the Nationaal Archief, The Hague Annotation: Letter of November 5, 1626, from Peter Schagen in Amsterdam to the States-General in The Hague, reporting the arrival the previous day of the West India Company ship Arms of Amsterdam with news of the purchase of Manhattan. Source: https://avalon.law.yale.edu/17th_century/charter_015.asp
- Day 5: Of the Constitutional Convention
Day 5: Constitutional Convention May 30, 1787 JOURNAL Wednesday May 30. 1787. The honorable Roger Sherman Esquire a Deputy of the State of Connecticut attended and took his seat. The order of the day being read The House resolved itself into a Committee of the whole House to consider of the state of the American union Mr President left the chair. Mr Gorham, chosen by ballot, took the chair of the Committee. Mr President resumed the chair Mr Gorham reported from the Committee, that the Committee had made a progress in the matter to them referred; and had directed him to move that they may have leave to sit again Resolved that this House will to-morrow again resolve itself into a Committee of the whole House to consider of the state of the American union And then the House adjourned till to-morrow at 10 o’clock A.M. In a Committee of the Whole House. Wednesday May 30. 1787. Agreeably to the order of the day the House resolved itself into a Committee of the whole House to consider of the State of the American union. — Mr Gorham in the Chair: The propositions offered yesterday to the consideration of the House by Mr Randolph were read — and on motion of Mr Randolph, seconded by Mr G. Morris That the consideration of the first resolution contained in the said propositions be postponed. it passed in the affirmative. It was then moved by Mr Randolph and seconded by Mr G Morris to substitute the following resolution in the place of the first resolution Resolved that an union of the States, merely fœderal, will not accomplish the objects proposed by the articles of confederation, namely “common defence, security of liberty, and general welfare. It was moved by Mr Butler seconded by Mr Randolph to postpone the consideration of the said resolution in order to take up the following resolution submitted by Mr Randolph namely Resolved that a national government ought to be established consisting of a supreme legislative, judiciary and executive. It was moved by Mr Read seconded by Mr C. C. Pinckney to postpone the consideration of the last resolution in order to take up the following Resolved That in order to carry into execution the design of the States in forming this convention and to accomplish the objects proposed by the confederation “a more effective government consisting of a Legislative, Judiciary, and Executive ought to be established” On the question to postpone, in order to take up the last resolution, the question was lost. On motion to agree to the said resolution moved by Mr Butler it passed in the affirmative [ayes — 6; noes — 1; divided — 1.] — and the resolution, as agreed to, is as follows. Resolved that it is the opinion of this Committee that a national government ought to be established consisting of a supreme Legislative, Judiciary, and Executive The following resolution was then moved by Mr Randolph, Resolved that the rights of suffrage in the national legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases. the Compendium: Chapter VI 1819 Publication of the Journal of the Constitutional Convention Annotation: The Convention went into the Committee of the Whole with Gorham as Chair taking the place of Washington. First debate and approval of a tripartite government with a Legislature, Executive, and Judiciary. Authors: Scene at the Signing of the Constitution of the United States — Howard Chandler Christy 1940 James Madison — Gilbert Stuart 1804 Robert Yates James McHenry Sections: Journal of the Constitutional Convention Madison's Notes Yate's Notes McHenry's Notes Source: https://oll.libertyfund.org/titles/farrand-the-records-of-the-federal-convention-of-1787-vol-1#lf0544-01_head_038 It was moved by Mr Hamilton seconded by Mr Spaight that the resolution be altered so as to read Resolved that the rights of suffrage in the national legislature ought to be proportioned to the number of free inhabitants It was moved and seconded that the resolution be postponed — and on the question to postpone it passed in the affirmative The following resolution was moved by Mr Randolph seconded by Mr Madison Resolved that the rights of suffrage in the national legislature ought to be proportioned — it was moved and seconded to add the words “and not according to the present system” — On the question to agree to the amendment it passed in the affirmative. [Ayes — 7; noes — 0.] It was then moved and seconded so to alter the resolution that it should read Resolved that the rights of suffrage in the national legislature ought not to be according It was then moved and seconded to postpone the consideration of the last resolution — And, on the question to postpone, it passed in the affirmative The following resolution was then moved by Mr Madison seconded by Mr G. Morris. Resolved that the equality of suffrage established by the articles of confederation ought not to prevail in the national legislature and that an equitable ratio of representation ought to be substituted It was moved and seconded to postpone the consideration of the last resolution And on the question to postpone it passed in the affirmative. [Ayes — 7; noes — 1.] It was moved and seconded that the Committee do now rise. James Madison — Gilbert Stuart 1804 MADISON's Notes Wednesday May 30. 〈Roger Sherman (from Connecticut) took his seat.〉 The House went into Committee of the Whole on the State of the Union. Mr. Gorham was elected to the Chair by Ballot. The propositions of Mr. Randolph which had been referred to the Committee being taken up. He moved on the suggestion of Mr G. Morris that the first of his propositions to wit 〈“Resolved that the articles of Confederation ought to be so corrected & enlarged, as to accomplish the objects proposed by their institution; namely, common defence, security of liberty & general welfare〉 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .should be postponed in order to consider the 3 following. 1. that a Union of the States merely federal 〈will not accomplish the objects proposed by the articles of Condeferation, namely common defence, security of liberty, & genl. welfare.〉 2. that no treaty or treaties among the whole or part of the States, as individual sovereignties, would be sufficient. 3 that a national Government 〈ought to be established〉 consisting of a supreme Legislative, Executive & Judiciary. The motion for postponing was seconded by Mr. Govr. Morris and unanimously agreed to. Some verbal criticisms were raised agst. the first proposition, and it was agreed 〈on motion of Mr Butler seconded by Mr. Randolph,〉7 to pass on to the third, which underwent a discussion. less however on its general merits than on the force and extent of the particular terms national10 & supreme. Mr. Charles Pinkney wished to know of Mr. Randolph whether he meant to abolish the State Governts. altogether. Mr. R. replied that he meant by these general propositions merely to introduce the particular ones which explained the outlines of the system he had in view. Mr. Butler said he had not made up his mind on the subject, and was open to the light which discussion might throw on it. 〈After some general observations he concluded with saying that he had〉 opposed the grant of powers to Congs. heretofore, because the whole power was vested in one body. The proposed distribution of the powers into different bodies changed the case, and would induce him to go great lengths. Genl. Pinkney expressed a doubt whether the act of Congs. recommending the Convention, or the Commissions of the deputies to it, could authorize a discussion of a System founded on different principles from the federal Constitution. Mr. Gerry seemed to entertain the same doubt. Mr. Govr. Morris explained the distinction between a federal and national, supreme, Govt.; the former being a mere compact resting on the good faith of the parties; the latter having a compleat and compulsive operation. He contended that in all communities there must be one supreme power, and one only. Mr. Mason observed that the present confederation was not only deficient in not providing for coercion & punishment agst. delinquent States; but argued very cogently that punishment could not 〈in the nature of things be executed on〉 the States collectively, and therefore that such a Govt. was necessary as could directly operate on individuals, and would punish those only whose guilt required it. Mr. Sherman who took his seat to day, admitted that the Confederation had not given sufficient power to Congs. and that additional powers were necessary; particularly that of raising money which he said would involve many other powers. He admitted also that the General & particular jurisdictions ought in no case to be concurrent. He seemed however not be disposed to Make too great inroads on the existing system; intimating as one reason, that it would be wrong to lose every amendment, by inserting such as would not be agreed to by the States 〈It was moved by Mr. Read 2ded by Mr. Chas. Cotesworth Pinkney, to postpone the 3d. proposition last offered by Mr. Randolph viz that a national Government ought to be established consisting of a supreme legislative Executive and Judiciary,” in order to take up the following — viz. “Resolved that in order to carry into execution the Design of the States in forming this Convention, and to accomplish the objects proposed by the Confederation a more effective Government consisting of a Legislative, Executive and Judiciary ought to be established.” The motion to postpone for this purpose was lost: Yeas Massachusetts, Connecticut. Delaware S. Carolina — 4 Nays N. Y. Pennsylvania, Virginia, North Carolina — 4〉 On the question 〈as moved by Mr. Butler on the third proposition〉 it was resolved in Committee of the whole that a national Governt. ought to be established consisting of a supreme Legislative Executive & Judiciary.” Massts. being ay — Connect. no. N. York divided (Col. Hamilton ay Mr. Yates no) Pena. ay. Delaware ay. Virga. ay. N. C. ay. S. C. ay. [Ayes — 6; noes — 1; divided — 1.] 〈The following Resolution being the 2d. of those proposed by Mr. Randolph was taken up. viz — “that the rights of suffrage in the National Legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases.”〉 Mr. M〈adison〉 observing that the words 〈“or to the number of〉 free inhabitants.” might occasion debates which would divert the Committee from the general question whether the principle of representation should be changed, moved that they might be struck out. Mr. King observed that the quotas of contribution which would alone remain as the measure of representation, would not answer; because waving every other view of the matter, the revenue might hereafter be so collected by the general Govt. that the sums respectively drawn from the States would 〈not〉 appear; and would besides be continually varying. 〈Mr. Madison admitted the propriety of the observation, and that some better rule ought to be found. Col. Hamilton moved to alter the resolution so as to read “that the rights of suffrage in the national Legislature ought to be proportioned to the number of free inhabitants. Mr. Spaight 2ded. the motion. It was then moved that the Resolution be postponed, which was agreed to. Mr. Randolph and Mr. Madison then moved the following resolution — “that the rights of suffrage in the national Legislature ought to be proportioned” It was moved and 2ded. to amend it by adding “and not according to the present system” — which was agreed to. It was then moved and 2ded. to alter the resolution so as to read “that the rights of suffrage in the national Legislature ought not to be according to the present system.” It was then moved & 2ded. to postpone the Resolution moved by Mr. Randolph & Mr. Madison, which being agreed to; Mr. Madison, moved, in order to get over the difficulties, the following resolution — “that the equality of suffrage established by the articles of Confederation ought not to prevail in the national Legislature, and that an equitable ratio of representation ought to be substituted” This was 2ded. by Mr. Govr. Morris, and being generally relished, would have been agreed to; when,〉 Mr. Reed moved that the whole clause relating to the point of Representation be postponed; reminding the Come. that the deputies from Delaware were restrained by their commission from assenting to any change of the rule of suffrage, and in case such a change should be fixed on, it might become their duty to retire from the Convention. Mr. Govr. Morris observed that the valuable assistance of those members could not be lost without real concern, and that so early a proof of discord in the convention as a secession of a State, would add much to the regret; that the change proposed was however so fundamental an article in a national Govt. that it could not be dispensed with. Mr. M〈adison〉 observed that whatever reason might have existed for the equality of suffrage when the Union was a federal one among sovereign States, it must cease when a national Governt. should be put into the place. In the former case, the acts of Congs. depended so much for their efficacy on the cooperation of the States, that these had a weight both within & without Congress, nearly in proportion to their extent and importance. In the latter case, as the acts of the Genl. Govt. would take effect without the intervention of the State legislatures, a vote from a small State wd. have the same efficacy & importance as 〈a vote〉 from a large one, and there was the same reason for 〈different numbers〉 of representatives from different States, as from Counties of different extents within particular States. He suggested as an expedient for at once taking the sense of the members on this point and saving the Delaware deputies from embarrassment, that the question should be taken in Committee, and the clause on report to the House 〈be postponed without a question there〉. This however did not appear to satisfy Mr. Read. By several it was observed that no just construction of the Act of Delaware, could require or justify a secession of her deputies, even if the resolution were to be carried thro’ the House as well as the Committee. It was finally agreed however that the clause should be postponed: it being understood that in the event the proposed change of representation would certainly be agreed to, no objection or difficulty being started from any other quarter 〈than from Delaware. The motion of Mr. Read to postpone being agreed to The Committee then rose. The Chairman reported progress, and the House having resolved to resume the subject in Committee tomorrow, Adjourned to 10 OClock〉 [May] 30. — (pa. 38 to 47) Mr Sherman attended. In Comee of the whole — Mr Rs 1. res. was on his motion postponed. to consider three others introduced by him — the two first asserting the inefficiency of the federal & the 3d the necessity for a national & supreme govt. The latter after some discussion was resolved after debating the 2. res. on the right of suffrage it was postponed — Robert Yates YATES' Notes Wednesday, May 30th, 1787. Convention met pursuant to adjournment. The convention, pursuant to order, resolved itself into a committee of the whole — Mr. Gorham (a member from Massachusetts) appointed chairman. Mr. Randolph then moved his first resolve, to wit: “Resolved, that the articles of the confederation ought to be so corrected and enlarged, as to accomplish the objects proposed by their institution, namely, common defence, security of liberty, and general welfare.” Mr. G. Morris observed, that it was an unnecesaary resolution, as the subsequent resolutions would not agree with it. It was then withdrawn by the proposer, and in lieu thereof the following were proposed, to wit: 1. Resolved, That a union of the states, merely federal, will not accomplish the objects proposed by the articles of the confederation, namely, common defence, security of liberty, and general welfare. 2. Resolved, That no treaty or treaties among any of the states as sovereign, will accomplish or secure their common defence, liberty or welfare. 3. Resolved, That a national government ought to be established, consisting of a supreme judicial, legislative and executive. In considering the question on the first resolve, various modifications were proposed, when Mr. Pinkney observed, at last, that if the convention agreed to it, it appeared to him that their business was at an end; for as the powers of the house in general were to revise the present confederation, and to alter or amend it as the case might require; to determine its insufficiency or incapability of amendment or improvement, must end in the dissolution of the powers. This remark had its weight, and in consequence of it, the 1st and 2d resolve was dropt, and the question agitated on the third. This last resolve had also its difficulties; the term supreme required explanation — It was asked whether it was intended to annihilate state governments? It was answered, only so far as the powers intended to be granted to the new government should clash with the states, when the latter was to yield. For the resolution — Massachusetts, Pennsylvania, Delaware, Virginia, North-Carolina, South-Corolina. Against it — Connecticut, New-York divided, Jersey and the other states unrepresented. The next question was on the following resolve: In substance that the mode of the present representation was unjust — the suffrage ought to be in proportion to number or property. To this Delaware objected, in consequence of the restrictions in their credentials, and moved to have the consideration thereof postponed, to which the house agreed. Adjourned to to-morrow. James McHenry McHENRY's Notes May 30. Mr. Randolph wished the house to dissent from the first proposition on the paper delivered in to the convention in order to take up the following 1st. That a union of the States merely federal will not accomplish the object proposed by the articles of confederation, namely “common defence, security of liberty, and general welfare.” 2. That no treaty or treaties between the whole or a less number of the States in their sovereign capacities will accomplish their common defence, liberty, or welfare. 3. That therefore a national government ought to be established consisting of a supreme legislature, judi[c]iary and executive. On a question taken on the last proposition after various attempts to amend it, the same was agreed to. For it, Massachusets Pennsylv. Delaware, Virginia, N. Carolina, and S. Carolina — against it Connecticut. New York divided. The Committee then proceeded to consider the 2 Resolution in Mr. Randolphs paper viz That the rights of suffrage in the national legislature ought to be proportioned to the quotas of contribution or to the number of free inhabitants as the one or the other rule may seem best in different cases. As this gave the large States the most absolute controul over the lesser ones it met with opposition which produced an adjournment without any determination. The Committee of the whole to sit to-morrow. May 30th 1st resolution from Mr. Randol. Mr. R. wishes to have that resol. dissented to. The resol. postponed to take up the following: 1st. That a union of the States merely fœderal will not accomplish the object proposed by the articles of confederation, namely, “common defence, security of liberty, and general welfare”. Mr. C. Pinkney wishes to know whether the establishment of this Resolution is intended as a ground for a consolidation of the several States into one. Mr. Randol has nothing further in contemplation than what the propositions he has submitted yesterday has expressed. 2. Resolved that no treaty or treaties between the whole or a less number of the States in their sovereign capacities will accomplish their common defence, liberty or welfare. 3. Resolved therefore that a national governmen ought to be established consisting of a supreme legislature, judiciary and executive. Mr. Whythe presumes from the silence of the house that they gentn. are prepared to pass on the resolution and proposes its being put. Mr. Butler — does not think the house prepared, that he is not. Wishes Mr. Randolph to shew that the existence of the States cannot be preserved by any other mode than a national government. Gen. Pinkney — Thinks agreeing to the resolve is declaring that the convention does not act under the authority of the recommendation of Congress. The first resolution postponed to take up the 3d. viz — Resolved that a national government ought to be established consisting of a supreme legislature, judiciary and executive. 1787, 21 Febry. Resolution of Congress. Resolved that in the opinion of Congress it is expedient that on the 2d Monday of May next a convention of delegates who shall have been appointed by the several States to be held at Philada. for the sole and expres purpose of revising the articles of confederation, and reporting to Congress and the several legislatures, such alterations and provisions therein as shall when agreeed to in Congress, and confirmed by the States, render the fœderal constitution, adequate to the exigencies of government and the preservation of the union.” Mr. Randolph explains the intention of the 3d Resolution. Repeats the substance of his yesterdays observations. It is only meant to give the national government a power to defend and protect itself. To take therefore from the respective legislatures or States, no more soverignty than is competent to this end. Mr. Dickinson. Under obligations to the gentlemen who brought forward the systems laid before the house yesterday. Yet differs from the mode of proceeding to which the resolutions or propositions before the Committee lead. Would propose a more simple mode. All agree that the confederation is defective all agree that it ought to be amended. We are a nation altho’ consisting of parts or States — we are also confederated, and he hopes we shall always remain confederated. The enquiry should be — 1. What are the legislative powers which we should vest in Congress. 2. What judiciary powers. 3 What executive powers. We may resolve therefore, in order to let us into the business. That the confederation is defective; and then proceed to the definition of such powers as may be thought adequate to the objects for which it was instituted. Mr. E. Gerry. Does not rise to speak to the merits of the question before the Committee but to the mode. A distinction has been made between a federal and national government. We ought not to determine that there is this distinction for if we do, it is questionable not only whether this convention can propose an government totally different or whether Congress itself would have a right to pass such a resolution as that before the house. The commission from Massachusetts empowers the deputies to proceed agreeably to the recommendation of Congress. This the foundation of the convention. If we have a right to pass this resolution we have a right to annihilate the confederation. Proposes — In the opinion of this convention, provision should be made for the establishment of a fœderal legislative, judiciary, and executive. Governeur Morris. Not yet ripe for a decision, because men seem to have affixed different explanations to the terms before the house. 1. We are not now under a fœderal government. 2. There is no such thing. A fœderal government is that which has a right to compel every part to do its duty. The fœderal gov. has no such compelling capacities, whether considered in their legislative, judicial or Executive qualities. The States in their appointments Congress in their recommendations point directly to the establishment of a supreme government capable of “the common defence, security of liberty and general welfare. Cannot conceive of a government in which there can exist two supremes. A federal agreement which each party may violate at pleasure cannot answer the purpose. One government better calculated to prevent wars or render them less expensive or bloody than many. We had better take a supreme government now, than a despot twenty years hence — for come he must. Mr. Reed, Genl. Pky [Pinckney] 2dng. proposes — In order to carry into execution the design of the States inthis meeting and to accomplish the objects proposed by the confederation resolved that A more effective government consisting of a legislative judiciary and executive ought to be established. In order to carry into execution Mr. R. King — The object of the motion from Virginia, an establishment of a government that is to act upon the whole people of the U. S. The object of the motion from Delaware seems to have application merely to the strenghtening the confederation by some additional powers — Mr. Maddison — The motion does go to bring out the sense of the house — whether the States shall be governed by one power. If agreed to it will decide nothing. The meaning of the States that the confed. is defect. and ought to be amended. In agreeing to the . . .
- Day 4: Constitutional Convention
Day 4: Constitutional Convention May 29, 1787 JOURNAL Tuesday May 29, 1787. Mr Wythe reported, from the Committee to whom the motions made by Mr Butler and Mr Spaight were referred, that the Committee had examined the matters of the said motions, and had come to the following resolution thereupon, resolved that it is the opinion of this Committee that provision be made for the purposes mentioned in the said motions — and to that end. The Committee beg leave to propose that the rules written under their resolution be added to the standing orders of the House. And the said rules were once read throughout and then a second time, one by one; and, on the question severally put thereupon, were, with amendments to some of them, agreed to by the House which rules so agreed to are as follow. rules. That no member be absent from the House so as to interrupt the representation of the State without leave. That Committees do not sit whilst the House shall be, or ought to be, sitting. That no copy be taken of any entry on the journal during the sitting of the House without the leave of the House. That members only be permitted to inspect the journal. That nothing spoken in the House be printed, or otherwise published, or communicated without leave. That a motion to reconsider a matter, which had been determined by a majority, may be made, with leave unanimously given,-on-the same day in which the vote passed, but otherwise, not without one days previous notice; in which last case, if the House agree to the reconsideration some future day shall be assigned for that purpose. Resolved that the said rules be added to the standing orders of the House. The honorable John Dickinson Esq a Deputy of the State of Delaware — and the honorable Elbridge Gerry Esquire, a Deputy from the State of Massachusetts, attended and took their seats. Mr Randolph, one of the Deputies of Virginia, laid before the House, for their consideration, sundry propositions, in writing, concerning the american confederation, and the establishment of a national government Resolved that the House will to-morrow resolve itself into a Committee of the whole House to consider of the state of the American Union. Ordered that the propositions this day laid before the House, for their consideration, by Mr Randolph be referred to the said Committee. Mr Charles Pinckney, one of the Deputies of South Carolina, laid before the House for their consideration, the draught of a fœderal government to be agreed upon between the free and independent States of America. Ordered that the said draught be referred to the Committee of the whole House appointed to consider of the state of the american Union And then the House adjourned till to-morrow morning at 10 o’clock MADISON's Notes Tuesday May 29 〈John Dickenson, and Elbridge Gerry, the former from Delaware, the latter from Massts. took their seats, The following rules were added, on the report of Mr. Wythe, from the Committee Additional rules. That no member be absent from the House, so as to interrupt the representation of the State, without leave. That Committees do not sit whilst the House shall be or ought to be, sitting. That no copy be taken of any entry on the journal during the sitting of the House without leave of the House. That members only be permitted to inspect the journal. That nothing spoken in the House be printed, or otherwise published or communicated without leave. That a motion to reconsider a matter which had been determined by a majority, may be made, with leave unanimously given, on the same day on which the vote passed, but otherwise not without one day’s previous notice: in which last case, if the House agree to the reconsideration, some future day shall be assigned for the purpose.〉 Mr. C. Pinckney moved that a Committee be appointed to superintend the minutes. the Compendium: Chapter VI 1819 Publication of the Journal of the Constitutional Convention Annotation: Secrecy rule is adopted. Edmund Randolph proposes the Virginia Plan, this is the framework from which the convention will structure the Constitution. Charles Pinckney of South Carolina also proposes a plan which was referred to the Committee of the Whole for consideration. Both plans committed the Convention to creating a new plan of government rather than simply amending the Articles of Confederation. Authors: Scene at the Signing of the Constitution of the United States — Howard Chandler Christy 1940 James Madison — Gilbert Stuart 1804 Robert Yates James McHenry William Paterson — James Sharples 1794 Sections: Journal of the Constitutional Convention Madison's Notes Yate's Notes McHenry's Notes Patterson's Notes Source: https://oll.libertyfund.org/titles/farrand-the-records-of-the-federal-convention-of-1787-vol-1#lf0544-01_head_029 Mr. Govr. Morris objected to it. The entry of the proceedings of the Convention belonged to the Secretary as their impartial officer. A committee might have an interest & bias in moulding the entry according to their opinions and wishes The motion was negatived 5 noes 4 ays. Mr. Randolph 〈then〉 opened the main business He expressed his regret, that it should fall to him, rather than those, who were of longer standing in life and political experience, to open the great subject of their mission. But, as the convention had originated from Virginia, and his colleagues supposed, that some proposition was expected from them, they had imposed this task on him. He then commented on the difficulty of the crisis, and the necessity of preventing the fulfilment of the prophecies of the American downfal. He observed that in revising the fœderal system we ought to inquire 1. into the properties, which such a government ought to possess, 2. the defects of the confederation, 3. the danger of our situation &. 4. the remedy. 1. The character of such a governme[nt] ought to secure 1. against foreign invasion: 2. against dissentions between members of the Union, or seditions in particular states: 3. to p[ro]cure to the several States various blessings, of which an isolated situation was i[n]capable: 4. to be able to defend itself against incroachment: & 5. to be paramount to the state constitutions. 2. In speaking of the defects of the confederation he professed a high respect for its authors, and considered, them as having done all that patriots could do, in the then infancy of the science, of constitutions, & of confederacies, — when the inefficiency of requisitions was unknown — no commercial discord had arisen among any states — no rebellion had appeared as in Massts. — foreign debts had not become urgent — the havoc of paper money had not been foreseen — treaties had not been violated — and perhaps nothing better could be obtained from the jealousy of the states with regard to their sovereignty. He then proceeded to enumerate the defects: 1. that the confederation produced no security agai[nst] foreign invasion; congress not being permitted to prevent a war nor to support it by th[eir] own authority — Of this he cited many examples; most of whi[ch] tended to shew, that they could not cause infractions of treaties or of the law of nations, to be punished: that particular states might by their conduct provoke war without controul; and that neither militia nor draughts being fit for defence on such occasions, enlistments only could be successful, and these could not be executed without money. 2. that the fœderal government could not check the quarrals between states, nor a rebellion in any not having constitutional power Nor means to interpose according to the exigency: 3. that there were many advantages, which the U. S. might acquire, which were not attainable under the confederation — such as a productive impost — counteraction of the commercial regulations of other nations — pushing of commerce ad libitum — &c &c. 4. that the fœderal government could not defend itself against the incroachments from the states: 5. that it was not even paramount to the state constitutions, ratified as it was in may of the states. 3. He next reviewed the danger of our situation appealed to the sense of the best friends of the U. S. — the prospect of anarchy from the laxity of government every where; and to other considerations. 4. He then proceeded to the remedy; the basis of which he said, must be the republican principle He proposed as conformable to his ideas the following resolutions,9 which he explained one by one. The Virginia Plan Resolutions proposed by Mr Randolph in Convention. May 29. 1787. 1. Resolved that the articles of Confederation ought to be so corrected & enlarged as to accomplish the objects proposed by their institution; namely. “common defence, security of liberty and general welfare.”11 2. Resd. therefore that the rights of suffrage in the National12 Legislature ought to be proportioned to the Quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases. 3. Resd. that the National Legislature ought to consist of two branches. 4. Resd. that the members of the first branch of the National Legislature ought to be elected by the people of the several States everyfor the term of; to be of the age ofyears at least, to receive liberal stipends by which they may be compensated for the devotion of their time to public service; to be ineligible to any office established by a particular State, or under the authority of the United States, except those beculiarly belonging to the functions of the first branch, during the term of service, and for the space ofafter its expiration; to be incapable of re-election for the space ofafter the expiration of their term of service, and to be subject to recall. 5. Resold. that the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures, to be of the age ofyears at least; to hold their offices for a term sufficient to ensure their independency, to receive liberal stipends, by which they may be compensated for the devotion of their time to public service; and to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service, and for the space ofafter the expiration thereof. 6. Resolved that each branch ought to possess the right of originating Acts; that the National Legislature ought to be impowered to enjoy the Legislative Rights vested in Congress by the Confederation & moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual Legislation; to negative all laws passed by the several States, contravening in the opinion of the National Legislature the articles of Union; and to call forth the force of the Union agst. any member of the Union failing to fulfill its duty under the articles thereof. 7. Resd. that a National Executive be instituted; to be chosen by the National Legislature for the term ofyears, to receive punctually at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the Magistracy, existing at the time of increase or diminution, and to be ineligible a second time; and that besides a general authority to execute the National laws, it ought to enjoy the Executive rights vested in Congress by the Confederation. 8. Resd. that the Executive and a convenient number of the National Judiciary, ought to compose a council of revision with authority to examine every act of the National Legislature before it shall operate, & every act of a particular Legislature before a Negative thereon shall be final; and that the dissent of the said Council shall amount to a rejection, unless the Act of the National Legislature be again passed, or that of a particular Legislature be again negatived byof the members of each branch. 9. Resd. that a National Judiciary be established to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature, to hold their offices during good behaviour; and to receive punctually at stated times fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office at the time of such increase or diminution. that the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all piracies & felonies on the high seas, captures from an enemy; cases in which foreigners or citizens of other States applying to such jurisdictions may be interested, or which respect the collection of the National revenue; impeachments of any National officers, and questions which may involve the national peace and harmony. 10. Resolvd. that provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of Government & Territory or otherwise, with the consent of a number of voices in the National legislature less than the whole. 11. Resd. that a Republican Government & the territory of each State, except in the instance of a voluntary junction of Government & territory, ought to be guaranteed by the United States to each State 12. Resd. that provision ought to be made for the continuance of Congress and their authorities and privileges, until a given day after the reform of the articles of Union shall be adopted, and for the completion of all their engagements. 13. Resd. that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto. 14. Resd. that the Legislative Executive & Judiciary powers within the several States ought to be bound by oath to support the articles of Union 15. Resd. that the amendments which shall be offered to the Confederation, by the Convention ought at a proper time, or times, after the approbation of Congress to be submitted to an assembly or assemblies of Representatives, recommended by the several Legislatures to be expressly chosen by the people, to consider & decide thereon. He concluded with an exhortation, not to suffer the present opportunity of establishing general peace, harmony, happiness and liberty in the U. S. to pass away unimproved.* 〈It13 was then Resolved &c — &c — That the House will to-morrow resolve itself into a Committee of the whole House to consider of the State of the American Union, — and that the propositions moved by Mr. Randolph be referred to the said Committee. Mr. Charles Pinkney laid before the house the draught of a federal Government which he had prepared to be agreed upon between the free and independent States of America.—Mr. P. plan ordered that the same be referred to the Committee of the whole appointed to consider the State of the American Union. adjourned.〉 [May] 29. — (pages 10 to 38.) two additional members take their seats — other rules added on report of Mr W. Mr Randolph on the part of the Virginia delegation opened the main business, enumerating defects of the confederation & proposed his resolutions which were referred to a Comee of the whole—copy of C. Pinkneys resolutions (journal) & note &co on them by J. M. — resolutions referred to same Comee Robert Yates YATES' Notes Tuesday, May 29th, 1787. The additional rules agreed to. His excellency Governor Randolph, a member from Virginia, got up, and in a long and elaborate speech, shewed the defects in the system of the present federal government as totally inadequate to the peace, safety and security of the confederation, and the absolute necessity of a more energetic government. He closed these remarks with a set of resolutions, fifteen in number, which he proposed to the convention for their adoption, and as leading principles whereon to form a new government — He candidly confessed that they were not intended for a federal government — he meant a strong consolidated union, in which the idea of states should be nearly annihilated. (I have taken a copy of these resolutions, which are hereunto annexed.) He then moved that they should be taken up in committee of the whole house. Mr. C. Pinkney, a member from South-Carolina, then added, that he had reduced his ideas of a new government to a system, which he read, and confessed that it was grounded on the same principle as of the above resolutions. The house then resolved, that they would the next day form themselves into a committee of the whole, to take into consideration the state of the union. Adjourned to next day. James McHenry McHENRY's Notes 29. Governor Randolph opened the business of the convention.18a He observed that the confederation fulfilled none of the objects for which it was framed. 1st. It does not provide against foreign invasions. 2dly. It does not secure harmony to the States. 3d. It is incapable of producing certain blessings to the States. 4 It cannot defend itself against encroachments. 5th. It is not superior to State constitutions. 1st It does not provide against foreign invasion. If a State acts against a foreign power contrary to the laws of nations or violates a treaty, it cannot punish that State, or compel its obedience to the treaty. It can only leave the offending State to the operations of the offended power. It therefore cannot prevent a war. If the rights of an ambassador be invaded by any citizen it is only in a few States that any laws exist to punish the offender. A State may encroach on foreign possessions in its neighbourhood and Congress cannot prevent it. Disputes that respect naturalization cannot be adjusted. None of the judges in the several States under the obligation of an oath to support the confederation, in which view this writing will be made to yield to State constitutions. Imbecility of the Confederation equally conspicuous when called upon to support a war. The journals of Congress a history of expedients. The States in arrears to the federal treasury from theto the What reason to expect that the treasury will be better filled in future, or that money can be obtained under the present powers of Congress to support a war. Volunteers not to be depended on for such a purpose. Militia difficult to be collected and almost impossible to be kept in the field. Draughts stretch the strings of government too violently to be adopted. Nothing short of a regular military force will answer the end of war, and this only to be created and supported by money. 2. It does not secure harmony to the States. It cannot preserve the particular States against seditions within themselves or combinations against each other. What laws in the confederation authorise Congress to intrude troops into a State. What authority to determine which of the citizens of a State is in the right, The supporters or the opposers of the government, Those who wish to change it, or they who wish to preserve it. No provision to prevent the States breaking out into war. One State may as it were underbid another by duties, and thus keep up a State of war. 3 Incapable to produce certain blessings. The benefits of which we are singly incapable cannot be produced by the union. The 5 per cent impost not agreed; a blessing congress ought to be enabled to obtain. Congress ought to possess a power to prevent emissions of bills of credit. Under this head may be considered the establishment of great national works — the improvement of inland navigation — agriculture — manufactures — a freer intercourse among the citizens. 4 It cannot defend itself against incroachments. Not an animated existence which has not the powers of defence. Not a political existence which ought not to possess it. In every Congress there has been a party opposed to federal measures? In every State assembly there has been a party opposed to federal measures. The States have been therefore delinquent. To What expedient can congress resort, to compel delinquent States to do what is right. If force, this force must be drawn from the States, and the States may or may not furnish it. 5 Inferior to State constitutions. State constitutions formed at an early period of the war, and by persons elected by the people for that purpose. These in general with one or two exceptions established about 1786. The confederation was formed long after this, and had its ratification not by any special appointment from the people, but from the several assemblies. No judge will say that the confederation is paramount to a State constition. Thus we see that the confederation is incompetent to any one object for which it was instituted. The framers of it wise and great men; but human rights were the chief knowlege of the times when it was framed so far as they applied to oppose Great Britain. Requisitions for men and money had never offered their form to our assemblies. None of those vices that have since discovered themselves were apprehended. Its defects therefore no reflextion on its contrivers. Having pointed out its defects, let us not be affraid to view with a steady eye the perils with which we are surrounded. Look at the public countenance from New Hampshire to Georgia. Are we not on the eve of war, which is only prevented by the hopes from this convention. Our chief danger arises from the democratic parts of our constitutions. It is a maxim which I hold incontrovertible, that the powers of government exercised by the people swallows up the other branches. None of the constitutions have provided sufficient checks against the democracy. The feeble Senate of Virginia is a phantom. Maryland has a more powerful senate, but the late distractions in that State, have discovered that it is not powerful enough. The check established in the constitution of New York and Massachusetts is yet a stronger barrier against democracy, but they all seem insufficient. He then submitted the following propositions which he read and commented upon seriatim. . . . The convention resolved that on to-morrow, the convention resolve itself into a committee of the whole. to take into consideration the state of the american union. It was observed by Mr. Hamilton before adjourning that it struck him as a necessary and preliminary inquiry to the propositions from Virginia whether the united States were susceptible of one government, or required a separate existence connected only by leagues offensive and defensive and treaties of commerce. William Paterson — James Sharples 1794 PATERSON's Notes Govr. Randolph — Propositions founded upon republican Principles. 1. The Articles of the Confdn. should be so enlarged and corrected as to answer the Purposes of the Instn. 2. That the Rights of Suffrage shall be ascertained by the Quantum of Property or Number of Souls — This the Basis upon which the larger States can assent to any Reform. Objn. — Sovereignty is an integral Thing — We ought to be one Nation — 3. That the national Legr. should consist of two Branches— 4. That the Members of the first Branch should be elected by the People, etc. This the democratick Branch — Perhaps, if inconvenient, may be elected by the several Legrs. — 5. Members of the 2d. Branch to be elected out of the first — to continue for a certain Length of Time, etc. To be elected by Electors appointed for that Purpose — 6. The Powers to be vested in the national Legr. — A negative upon particular acts, etc. contravening the Articles of the Union — Force — 7. A national Executive to be elected by the national Legr. Checks upon the Legv. and Ex. Powers— 1. A Council of Revision to be selected out of the ex. and judy. Departments, etc. 2. A natl Judiciary to be elected by the natl. Legr. — To consist of an inferior and superior Tribunal — To determine Piracies, Captures, Disputes between Foreigners and Citizens, and the Citizen of one State and that of another, Revenue-matters, national Officers — 1. Provision for future States — 2. A Guary. by the United States to each State of its Territory, etc. 3. Continuation of Congress till a given Day. 4. Provision, that the Articles of national Union should be amended — 5. That the leg. ex. and judy. Officers should be bound by Oath to observe the Union. 6. That Members be elected by the People of the several States to ratify the Articles of national Union —
- Day 2: Constitutional Convention
Day 2: Constitutional Convention May 25th, 1787 JOURNAL In fœderal-Convention. On Monday the 14th of May. ad 1787. and in the eleventh year of the independence of the United States of America, at the State-House in the city of Philadelphia — in virtue of appointments from their respective States, sundry Deputies to the fœderal-Convention appeared — but, a majority of the States not being represented, the Members present adjourned from day to day until friday the 25th of the said month, when, in virtue of the said appointments appeared from the States of Massachusetts The honorable Rufus King Esquire. New-York The honorable Robert Yates, and Alexander Hamilton Esquires. New-Jersey The honorable David Brearly, William Churchill Houston, and William Patterson Esquires. Pennsylvania The honorable Robert Morris, Thomas Fitz Simmons, James Wilson, and Gouverneur Morris Esquires. Delaware The honorable George Read, Richard Basset, and Jacob Broom Esquires. Virginia His Excellency George Washington, Esquire, His Excellency Edmund Randolph Esquire The honorable John Blair, James Madison, George Mason, George Wythe, and James McClurg Esquires. North-Carolina The honorable Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Hugh Williamson Esquires. South-Carolina The honorable John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, and Pierce Butler Esquires. Georgia The honorable Few Esquire. In fœderal-Convention Friday May 25. 1787. It was moved by the honorable Robert Morris Esquire, One of the Deputies from Pennsylvania, that a President be elected by ballot, which was agreed to — and thereupon he nominated, on the part of the said State, His Excellency George Washington Esquire. The Members then proceeded to ballot on behalf of their respective States — and, the ballots being taken, it appeared that the said George Washington was unanimously elected — and he was conducted to the chair by The honorable Robert Morris, and John Rutledge Esquires. The President then proposed to the House that they should proceed to the election of a Secretary — and, the ballots being taken, it appeared that William Jackson Esquire was elected. The following credentials were produced and read — (here insert the Credentials). The House then appointed Nicholas Weaver Messenger, and Joseph Fry Door-Keeper. On motion of Mr C. Pinckney — ordered that a Committee be appointed to draw up rules to be observed as the standing Orders of the Convention — and to report the same to the House. — a Committee by ballot was appointed of This document appears in the Compendium: Chapter VI 1819 Publication of the Journal of the Constitutional Convention Annotation: Quorum is reached; Washington elected president of the convention; William Jackson is elected secretary; rules committee est. Author: Scene at the Signing of the Constitution of the United States — Howard Chandler Christy 1940 James Madison — Gilbert Stuart 1804 Robert Yates Sections: Journal of the Constitutional Convention Madison's Notes Yate's Notes Source: https://oll.libertyfund.org/titles/farrand-the-records-of-the-federal-convention-of-1787-vol-1#lf0544-01_head_018 Mr Wythe, Mr Hamilton, and Mr C. Pinckney. And then the House adjourned ’till monday next at 10 o’clock A.M. James Madison — Gilbert Stuart 1804 MADISON's Notes Friday 25 of May, 〈when the following members appeared to wit: viz. From Massachusetts Rufus King. N. York Robert Yates, Alexr. Hamilton. N. Jersey, David Brearley, William Churchill Houston, William Patterson. Pennsylvania, Robert Morris, Thomas Fitzsimmons, James Wilson, Gouverneur Morris. Delaware, George Read, Richard Basset, Jacob Broom. Virginia, George Washington, Edmund Randolph, John Blair, James Madison, George Mason, George Wythe, James McClurg. N. Carolina, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, Hugh Williamson. S. Carolina, John Rutlidge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia, William Few.〉 Mr Robert Morris informed the members assembled that by the instruction & in behalf, of the deputation of Pena. he proposed George Washington Esqr. late Commander in chief for president of the Convention. Mr. Jno. Rutlidge seconded the motion; expressing his confidence that the choice would be unanimous, and observing that the presence of Genl Washington forbade any observations on the occasion which might otherwise be proper. General 〈Washington〉 was accordingly unanimously elected by ballot, and conducted to the chair by Mr. R. Morris and Mr. Rutlidge; from which in a very emphatic manner he thanked the Convention for the honor they had conferred on him, reminded them of the novelty of the scene of business in which he was to act, lamented his want of 〈better qualifications〉, and claimed the indulgence of the House towards the involuntary errors which his inexperience might occasion. (The nomination came with particular grace from Penna, as Docr. Franklin alone could have been thought of 〈as a competitor〉. The Docr. was himself to have made the nomination 〈of General Washington, but the state of the weather and of his health confined him to his house.〉 Mr. Wilson moved that a Secretary be appointed, and nominated Mr. Temple Franklin. Col. Hamilton nominated Major Jackson. On the ballot Majr. Jackson had 5 votes & Mr. Franklin 2 votes. On11 reading the Credentials of the deputies it was noticed that those from Delaware were prohibited from changing the Article in the Confederation establishing an equality of votes among the States. The appointment of a Committee, consisting of Messrs. Wythe, Hamilton & C. Pinckney, on the motion of Mr. C. Pinckney, to prepare standing rules & orders was the only remaining step taken on this day May 14, 1787 — appointed for the meeting of ye Convention on the 7 States met May 25. — (page 1 to 4) list of members assembled — G. Washington unanimously elected prest. notes of J. M. Major Jackson elected Secy — credentials of deputies read. Commee appd to prepare rules. Robert Yates YATES' Notes Friday, May 25, 1787. Attended the convention of the states, at the state house in Philadelphia, when the following states were represented: NEW-YORK, Alexander Hamilton, Robert Yates. NEW-JERSEY, David Brearly, William Churchill Houston, William Patterson. PENNSYLVANIA, Robert Morris, Thomas Fitzsimons, James Wilson, Gouverneur Morris. DELAWARE, George Read, Richard Bassett, Jacob Broom. VIRGINIA, George Washington, Edmund Randolph, George Wythe, George Mason, James Madison, John Blair, James M’Clurg. NORTH-CAROLINA, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, Hugh Williamson. SOUTH-CAROLINA, John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. 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; 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.
- Day 1: Constitutional Convention
Day 1: Constitutional Convention May 14, 1787 Madison's Notes Monday May 14th 1787 was the day fixed for the meeting of the deputies in Convention for revising the federal system of Government. On that day a small number only had assembled. Seven States were not convened till, This document appears in the Compendium: Chapter VI Annotation: First day of the convention not enough of the delegates showed up for a quorum so no business was conducted. Author: James Madison — Gilbert Stuart 1804 Source: https://oll.libertyfund.org/titles/farrand-the-records-of-the-federal-convention-of-1787-vol-1#lf0544-01_head_021
- Day 3: Of the Constitutional Convention
Day 3: Constitutional Convention May 28, 1787 JOURNAL In fœderal-Convention. 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) 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 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. This document appears in the Compendium: Chapter VI 1819 Publication of the Journal of the Constitutional Convention Annotation: Day 3: Rules of Order This will be the first session Franklin is attending. Weak and ill, he does not play a very active role, but his presence confers importance to this gathering. Rules of the convention were approved. Authors: Scene at the Signing of the Constitution of the United States — Howard Chandler Christy 1940 James Madison — Gilbert Stuart 1804 Robert Yates Sections: Journal of the Constitutional Convention Madison's Notes Yate's Notes Source: https://oll.libertyfund.org/titles/farrand-the-records-of-the-federal-convention-of-1787-vol-1#lf0544-01_head_024 The determination of a question, although 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 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. Morris — 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, 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 James Madison — Gilbert Stuart 1804 MADISON's Notes 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.〉 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. 〈The standing rules* agreed to were as follow: 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, 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 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 letter from sundry persons of the State of Rho. Island 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). 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〉 [May] 28. (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. Robert Yates YATES' Notes Monday, May 28, 1787 Met pursuant to adjournment. A committee of three members, (whose appointment I omitted in the entry of the proceedings of Friday last,) reported a set of rules for the order of the convention; which being considered by articles, were agreed to, and additional ones proposed and referred to the same committee. The representation was this day increased to nine states — Massachusetts and Connecticut becoming represented. Adjourned to next day.
- James I Proclamation Prohibiting Disorderly Trading to New England
James I Proclamation Prohibiting Disorderly Trading to New England November 6, 1622 A Proclamation prohibiting interloping and disorderly trading to New England in America. As it hath ever beene held a principall Office of Christian Kings, to seeke by all pious meanes the advancement of Christian Religion; so the consideration thereof, hath beene a speciall motive unto Us, from time to time, as often as cause hath required, to further, by Our Royall authority, the good disposition of any of Our well affected Subjects, that have a will to attempt the discovering and planting in any parts of the World, as yet savage and unpossessed by the Subjects of any Christian Prince or State. And now for that, by Gods sacred favour, there is likely to ensue great advancement of his glory, Our Crown, and State, by reason of Our grant heeretofore made to the Counsell for the managing of the affaires of New England in America, being in breadth from forty degrees of Northerly latitude from the Equinoctiall line to forty eight degrees of the sayd Northerly latitude, and in length by all the breadth aforesayd, thorowout the maine land from Sea to Sea; We cannot but continue Our speciall respect and favour unto them in their endevours, and exercise Our Royall authority against the hinderers thereof. Wherefore, having received certaine information of many and intolerable abuses offered by sundry interlopers, irregular and disobedient persons, that seeking principally their present and private profits, have not only impeached some of the Planters there, of their lawfull possessions, but also taken from them their Timber without giving any satisfaction, as in justice they ought to have done: and not therewith contented, have rined whole woods to the utter ruine of the same for ever after; as also, by casting of their ballast in the harbors of some of their Ilands, have almost made them unserviceable: And yet not so contented, by their promiscuous trading, as well Mariners as Masters with the Savages, have overthrowne the trade and commerce that before was had, to the great profit of the Planters, and which were indeed their principall hopes for the advancement of that plantation, next unto the commodities that coast affords of Fishing: Neither This document appears in the Compendium: Chapter 2 Annotation: James I of England issued a royal proclamation aimed at regulating and restricting unauthorized commercial activity in New England, prohibiting “disorderly trading” by private merchants and unlicensed vessels operating outside the authority of the Crown and its approved colonial enterprises. The order reflected growing English efforts to impose tighter imperial control over Atlantic trade, ensure that colonial ventures like Virginia and New England remained under sanctioned governance, and prevent economic disorder that could undermine royal revenue and colonial stability. Author: James I Transcript Source: https://www.gutenberg.org/files/46167/46167-h/46167-h.htm#x1622_November_6 heerwith satisfied, but as if they resolved to omit nothing that might be impious and intolerable, they did not forbeare to barter away to the Savages, Swords, Pikes, Muskets, Fowling peeces, Match, Powder, Shot, and other warlike weapons, and teach them the use thereof; not only to their owne present punishment (divers of them being shortly after slain by the same Savages, whom they had so taught, and with the same weapons which they had furnished them withall) but also to the hazard of the lives of Our good subjects already planted there, and (asmuch as in them lay) to the making of the whole attempt it selfe (how pious and hopefull soever) frustrate, or so much the more difficult. We, for reformation and prevention of these or the like evils heerafter, and for the more cleare declaration of Our Kingly resolution and just intents, both to maintayne Our Royall grant already made, and to uphold and encourage by all wayes and meanes the worthy dispositions of the undertakers of those designes, have thought fit, and doe heerby straitly charge and command, That none of Our Subjects whatsoever, (not Adventurers, Inhabitors or Planters in New England) presume from hencefoorth to frequent those Coasts, to trade or traffique with those people, or to intermedle in the woodes or freehold of any the Planters or Inhabitants (otherwise then by the licence of the sayd Counsell, or according to the orders established by Our Privy Counsell for the releese or ease of the transportation of the Colony in Virginia) upon paine of Our high indignation, and the confiscation, penalties and forfeitures in Our sayd Royall grant expressed: Leaving it neverthelesse, in the meane time, to the discretion of the sayd Counsel for New England, to proceed against the foresayd offenders according to the same, especially, seeing We finde the armes of the sayd Counsell to bee open to receive into that plantation any of Our loving Subjects, who are willing to joyne with them in the charge, and participate in the profits thereof. Given at Our Court at Theobalds, the sixt day of November, in the yeere of Our Reigne of England, France, and Ireland, the twentieth, and of Scotland the sixe and fiftieth. God save the King. Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestie. M.DC.XXII.







