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 Randolph disclaimed any intention to give indefinite powers to the
national Legislature, declaring that he was entirely opposed to such an
inroad on the State jurisdictions, and that he did not think any
considerations whatever could ever change his determination. His opinion
was fixed on this point.
M^r Madison said that he had brought with him into the Convention a
strong bias in favor of an enumeration and definition of the powers
necessary to be exercised by the national Legislature; but had also
brought doubts concerning its practicability. His wishes remained
unaltered; but his doubts had become stronger. What his opinion might
ultimately be he could not yet tell. But he should shrink from nothing
which should be found essential to such a form of Gov^t as would
provide for the safety, liberty and happiness of the community. This
being the end of all our deliberations, all the necessary means for
attaining it must, however reluctantly, be submitted to.
On the question for giving powers, in cases to which the States are not
competent--Mass^{ts} ay. Con^t div^d. (Sherman no. Elseworth ay.)
N. Y. ay. N. J. ay. P^a ay. Del. ay. V^a ay. N. C. ay. S. Carolina ay.
Georg^a ay.
The other clauses giving powers necessary to preserve harmony among the
States to negative all State laws contravening in the opinion of the
Nat. Leg. the articles of union, down to the last clause, (the words "or
any treaties subsisting under the authority of the Union," being added
after the words "contravening &c. the articles of the Union," on motion
of D^r Franklin) were agreed to with^t debate or dissent.
The last clause of Resolution 6, authorizing an exertion of the force of
the whole ag^{st} a delinquent State came next into consideration.
M^r Madison, observed that the more he reflected on the use of force,
the more he doubted, the practicability, the justice and the efficacy of
it when applied to people collectively and not individually.--A union of
the States containing such an ingredient seemed to provide for its own
destruction. The use of force ag^{st} a State, would look more like a
declaration of war, than an infliction of punishment, and would probably
be considered by the party attacked as a dissolution of all previous
compacts by which it might be bound. He hoped that such a system would
be framed as might render this resource unnecessary, and moved that the
clause be postponed. This motion was agreed to, nem. con.
The Committee then rose & the House
Adjourned.[50]
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