The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Pinkney & M^r Rutledge[48] objected to the vagueness of the term
_incompetent_, and said they could not well decide how to vote until
they should see an exact enumeration of the powers comprehended by this
definition.[49]
[48] "Mr. Rutledge is one of those characters who was highly
mounted at the commencement of the late revolution;--his
reputation in the first Congress gave him a distinguished
rank among the American Worthies. He was bred to the Law,
and now acts as one of the Chancellors of South Carolina.
This Gentleman is much famed in his own State as an Orator,
but in my opinion he is too rapid in his public speaking to
be denominated an agreeable Orator. He is undobotedly a man
of abilities, and a Gentleman of distinction and fortune.
Mr. Rutledge was once Governor of South Carolina. He is
about 48 years of age."--Pierce's Notes, _Amer. Hist. Rev._,
iii., 333.
[49] According to Pierce: "M^r Sherman was of opinion that
it would be too indefinitely expressed,--and yet it would be
hard to define all the powers by detail. It appeared to him
that it would be improper for the national Legislature to
negative all the Laws that were connected with the States
themselves.
"M^r Madison said it was necessary to adopt some general
principles on which we should act,--that we were wandering
from one thing to another without seeming to be settled in
any one principle.
"M^r Wythe observed that it would be right to establish
general principles before we go into detail, or very shortly
Gentlemen would find themselves in confusion, and would be
obliged to have recurrence to the point from whence they sat
out.
"M^r King was of opinion that the principles ought first to
be established before we proceed to the framing of the Act.
He apprehends that the principles only go so far as to
embrace all the power that is given up by the people to the
Legislature, and to the federal Government, but no farther.
"M^r Randolph was of opinion that it would be impossible to
define the powers and the length to which the federal
Legislature ought to extend just at this time.
"M^r Wilson observed that it would be impossible to
enumerate the powers which the federal Legislature ought to
have."--Pierce's Notes, _Id._, iii., 319, 320.
M^r Butler repeated his fears that we were running into an extreme in
taking away the powers of the States, and called on Mr. Randolph for the
extent of his meaning.
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