John Jay Papers
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Extract from the Journal of the New York Ratifying Convention, 25 July 1788

Extract from the Journal of the New York Ratifying Convention

[Poughkeepsie, Wednesday, 25 July 1788]

[JJ proposes an amendment making the president, vice president, and members of both Houses ineligible for election to their respective offices unless they are natural-born citizens and freeholders. The amendment is adopted after Lansing’s motion to delete “freeholders” was voted down. JJ indicates a willingness to have the Bill of Rights “expressly” reserve “all the rights not granted in the Constitution.” Lansing’s motion reserving the right to secede is defeated 31 to 28. The preliminary vote on ratification carries 30 to 25. JJ is appointed to a committee to prepare a circular letter to the states urging a convention to propose amendments to the Constitution.]

[Convention proceedings] The said report having been heard and considered, Mr. President put the question, whether the Convention did agree with the Committee in the said report, (and the yeas and nays being taken) it was carried in the affirmative in the manner following, viz.

For the Affirmative.
Mr. Jay, Mr. Low, Mr. Bancker, Mr. Sarlis,
Mr. R. Morris, Mr. Havens, Mr. Ryerss, Mr. Woodhull,
Mr. Hobart, Mr. Jones, Mr. L. Morris, Mr. Wisner,
Mr. Hamilton, Mr. Schenck, Mr. P. Livingston, Mr. Platt,
Mr. R. Livingston, Mr. Lawrence, Mr. Hatfield, Mr. M. Smith,
Mr. Roosevelt, Mr. Carman, Mr. Van Cortlandt, Mr. G. Livingston,
Mr. Duane, Mr. Lefferts, Mr. Crane, Mr. D’Witt,
Mr. Harison, Mr. Vandervoort,
For the Negative.
Mr. R. Yates, Mr. Clark, Mr. C. Yates, Mr. Williams,
Mr. Lansing, Mr. J. Clinton, Mr. Frey, Mr. Baker,
Mr. Oothoudt, Mr. Wynkoop, Mr. Winn, Mr. Hopkins,
Mr. I. Thompson, Mr. Wood, Mr. Veeder, Mr. Van Ness,
Mr. Ten Eyck, Mr. Swartwout, Mr. Staring, Mr. Bay,
Mr. Tredwell, Mr. Harper, Mr. Parker, Mr. Adgate,
Mr. Schoonmaker,

Thereupon Ordered, That Duplicates of the said Draft of Ratification, as reported by the Committee, be engrossed.

Ordered, That the Said Committee have leave to sit again,

On motion of Mr. Duane,

Resolved unanimously, That a circular Letter be prepared to be laid before the different Legislatures of the United States, pressing in the most earnest manner, the necessity of a general Convention to take into consideration the amendments to the Constitution, proposed by the several State Conventions.

Ordered, That a Committee of three members be appointed by ballot, to prepare and report the draft of a Letter accordingly.1

The ballots being taken and told, it appeared that Mr. Jay, Mr. Lansing and Mr. M. Smith were elected.

Ordered, That those three gentlemen be a Committee for that purpose.

Then the Convention adjourned until five of the clock in the afternoon.

5 o’Clock, P.M.

The Convention met pursuant to adjournment, and resolved itself into a Committee of the whole on the report of the Convention of the States lately assembled in Philadelphia, and the resolution and letter accompanying the same to Congress, and the resolution of Congress thereon; after some time spent therein, Mr. President reassumed the chair, and Mr. Oothoudt from the said Committee, reported, that the Committee had proceeded farther to consider the Recommendatory Amendments proposed to the said Constitution, and that in proceeding therein, Mr. Jay made a motion for an amendment in the words following, viz.

“That no person, except natural born citizens, or such as were citizens on or before the fourth day of July, one thousand seven hundred and seventy-six, or such as held commissions under the United States during the war, and have at any time since the fourth of July, one thousand seven hundred and seventy six, become citizens of one or other of the United States, and who shall be freeholders, shall be eligible to the places of President, Vice-President or members of either House of the Congress of the United States.”

That Mr. Lansing then made a motion, that the words and who shall be freeholders, should be obliterated.

That debates arose on the said motion, and that the question having been put thereon, it passed in the negative in the manner following, viz.

For the Negative.
Mr. Jay, Mr. Schoonmaker, Mr. Bancker, Mr. Wisner,
Mr. R. Morris, Mr. Clark, Mr. Ryerss, Mr. Wood,
Mr. Hobart, Mr. J. Clinton, Mr. P. Livingston, Mr. Platt,
Mr. R. Livingston, Mr. Wynkoop, Mr. Hatfield, Mr. M. Smith,
Mr. Roosevelt, Mr. Jones, Mr. Van Cortlandt, Mr. Akins,
Mr. Harison, Mr. Schenck, Mr. Crane, Mr. G. Livingston,
Mr. R. Yates, Mr. Lawrence, Mr. Sarlis Mr. Parker,
Mr. Havens, Mr. Lefferts, Mr. Woodhull, Mr. Baker,
Mr. President, Mr. Vandervoort.
For the Affirmative.
Mr. Hamilton, Mr. Tredwell, Mr. Harper, Mr. Hopkins,
Mr. Low, Mr. Carman, Mr. Frey, Mr. Van Ness,
Mr. Lansing, Mr. Haring, Mr. Winn, Mr. Bay,
Mr. I. Thom[p]son, Mr. Swartwout, Mr. Williams, Mr. Adgate,
Mr. Scudder, Mr. D’Witt,

That the question having been put, whether the Committee did agree to the amendment proposed by Mr. Jay, it was carried in the affirmative. …2

D, Convention Journal description begins Journal of the Convention of the State of New-York Held at Poughkeepsie, in Dutchess County, the 17th of June, 1788 (Poughkeepsie, 1788; Early Am. Imprints, series 1, no. 21313) description ends , 76–78; DHRC description begins John P. Kaminski, Gaspare J. Saladino, Richard Leffler, Charles H. Schoenleber, and Margaret A. Hogan, eds. Documentary History of the Ratification of the Constitution (28 vols. to date; Madison, Wis., 1976–) description ends , 23: 2310–11, 2312–13.

1For the draft circular letter of 26 July, see below.

2The convention then considered and approved the recommendations for amendments to the Constitution. For the complete convention proceedings for 25 July, see DHRC description begins John P. Kaminski, Gaspare J. Saladino, Richard Leffler, Charles H. Schoenleber, and Margaret A. Hogan, eds. Documentary History of the Ratification of the Constitution (28 vols. to date; Madison, Wis., 1976–) description ends , 23: 2300–2321.

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