On the question on the last clause, as amended,—
New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Delaware, Maryland, no, 2.246
Article 19 was then taken up.
Mr. GOUVERNEUR MORRIS suggested, that the legislature should be left at liberty to call a convention whenever they pleased.
The article was agreed to, nem. con.
Article 20 was then taken up. The words "or affirmation," were added, after "oath."
Mr. PINCKNEY moved to add to the article,—
"but no religious test shall ever be required as a qualification to any office or public trust under the authority of the United States."
Mr. SHERMAN thought it unnecessary, the prevailing liberality being a sufficient security against such tests.
Mr. GOUVERNEUR MORRIS and Gen. PINCKNEY approved the motion.
The motion was agreed to, nem. con., and then the whole article.
North Carolina only, no; and Maryland, divided.
Article 21 being then taken up,—
"The ratifications of the conventions of ——— states shall be sufficient for organizing this Constitution;"—
Mr. WILSON proposed to fill the blank with "seven," that being a majority of the whole number, and sufficient for the commencement of the plan.
Mr. CARROLL moved to postpone the article, in order to take up the report of the committee of eleven (see the 28th of August); and on the question,—
New Jersey, Delaware, Maryland, ay, 3; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no, 8.
Mr. GOUVERNEUR MORRIS thought the blank ought to be filled in a twofold way, so as to provide for the event of the ratifying states being contiguous, which would render a smaller number sufficient; and the event of their being dispersed, which would require a greater number for the introduction of the government.
Mr. SHERMAN observed that, the states being now confederated by articles which require unanimity in changes, he thought the ratification, in this case, of ten states, at least, ought to be made necessary.
Mr. RANDOLPH was for filling the blank with "nine," that being a respectable majority of the whole, and being a number made familiar by the constitution of the existing Congress.
Mr. WILSON mentioned "eight," as preferable.
Mr. DICKINSON asked, whether the concurrence of Congress is to be essential to the establishment of the system—whether the refusing states in the Confederacy could be deserted—and whether Congress could concur in contravening the system under which they acted.
Mr. MADISON remarked, that if the blank should be filled with "seven," "eight," or "nine," the Constitution, as it stands, might be
