On Saturday, the Convention began its session by reading several propositions recommended by the Committee on Postponed Parts, but no action was taken on any of them. This morning, the Committee presented several more, setting the pace for the days to come. The Committee will not issue a final report, but instead, a series of propositions emanating from its on-going meetings.
Today, the Convention plunged deeply into the morass of detail and minutiae of words and phrases. Gouverneur Morris spoke first, concerning “the respect to be paid to the Acts, Records, etc., of one State, in other States.” He proposed to “strike out ‘judgments obtained in one State shall have in another’ and to insert the word ‘thereof’ after the word ‘effect.’” George Mason agreed, “particularly if the ‘effect’ was to be restrained to judgments and judicial proceedings.” James Wilson elaborated, “if the legislature were not allowed to declare the effect the provision would amount to nothing more than what now takes place among all independent nations.” Confusing or boring? Or both?
This sort of bickering over what may seem trite and trivial, is actually extremely important. Words have meaning and, in this case, they impact the balance of power between the new national government and the States as well as the overall form and structure of the new government. For our purposes, however, we will generally avoid the back-and-forth wrangling on such minute details and focus on end results. In this case, the end result is that “full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State, and the Legislature may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.” The proposition passed with an overwhelming vote.
Like Morris, Roger Sherman is a member of the Committee and raised the next point, that of bankruptcies. He had observed that “bankruptcies were in some cases punishable by death by the laws of England.” He strongly opposes that happening here. After assurances by Morris that “he saw no danger of abuse by the Legislature of the United States,” the power of Congress to “establish uniform laws on the subject of bankruptcies” passed 9 – 1.
Weeks ago, delegates engaged in a spirited debate as to whether members of the national Congress should be able to hold other positions simultaneously. They had temporarily applied the prohibition only to offices for which members might benefit by receiving a “salary, fee, or emolument of any kind.” If the member accepted such an office, he must immediately vacate his legislative seat. The delegates are still divided over this issue.
Rufus King suggested the proposal be amended to exclude members of the first legislature. After that, most of the national offices would have been created and filled, diminishing the problem considerably. Sherman disagreed, strongly in favor of “entirely incapacitating members of the legislature” from the beginning. Allowing them to hold an office in addition to their legislative role “would give too much power to the Executive,” he insisted. Essentially, it could lead to a parliamentary cabinet similar to that in Britain. It is best, he believed, to keep the executive and legislative branches separate.
The debate offered no new arguments on either side. The final vote provided that “the members of each House shall be ineligible to any civil office under the authority of the United States, created, or the emoluments whereof shall have been increased, during the time for which they shall respectively be elected. And no person holding any office under the U. S. shall be a member of either House during his continuance in office.”
With no further recommendations from the Committee, the Convention adjourned early to prepare for tomorrow’s session. In the meantime, the Committee is focusing its attention on the many unresolved questions about the executive, already referred to as “the President.”
On August 2, The New Haven Gazette printed a brief summary of a letter promoting a monarchy and the potential of inviting the second son of George III to establish a monarchy in the United States. The summary was printed in at least twenty-eight newspapers and prompted a response from members of the Convention disavowing any consideration of a monarchy. Published in the Pennsylvania Herald on August 18, the delegates’ brief statement concluded by declaring “we never once thought of a king.”
Although the controversy has subsided, there remain in some quarters fears of an “energetic executive” that could evolve into a monarchy. Alexander Hamilton’s support for a strong executive has caused some to suspect him of “monarchical tendencies.” After the New Haven Gazette article appeared, Hamilton had written to his friend in Connecticut, Jeremiah Wadsworth, asking him to investigate the source of the original letter. Hamilton had a “suspicion that it had been fabricated to excite jealously against the Convention with a view to an opposition to its recommendations.” Wadsworth had forwarded Hamilton’s letter to David Humphreys, a wartime aide to George Washington now living in Connecticut.
Humphrey’s response to Hamilton has just been received. After making inquiries, Humphreys has concluded the letter was either “for the amusement of its author with some view” to ascertaining public opinion, or an attempt to “excite the apprehensions of the Anti-Federalists.” However, he continued, “the friends of an efficient government are discouraged with the present system” and apprehensive that the measures proposed by the Convention will not be adequate. They fear “our political ship will be left afloat on a sea of chance, without a rudder as well as without a pilot.”
On a lighter note, this evening George Washington “visited a Machine at Dr, Franklin’s called a ‘mangle,’ for pressing, in place of ironing, clothes from the wash.” It is particularly well-suited, he noted, for “tablecloths and such articles as have not pleats and irregular foldings and would be very useful in large families.” It seems there are pressing matters even outside the Convention!