The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r L. Martin opposed it as giving a dangerous & unnecessary power. The
consent of the State ought to precede the introduction of any extraneous
force whatever.
M^r Mercer supported the opposition of M^r Martin.
M^r Elseworth proposed to add after "legislature," "or Executive."
M^r Gov^r Morris. The Executive may possibly be at the head of the
Rebellion. The Gen^l Gov^t should enforce obedience in all cases where
it may be necessary.
M^r Elseworth. In many cases The Gen^l Gov^t ought not to be able to
interpose, unless called upon. He was willing to vary his motion so as
to read "or without it when the legislature cannot meet."
M^r Gerry was ag^{st} letting loose the myrmidons of the U. States on a
State without its own consent. The States will be the best Judges in
such cases. More blood would have been spilt in Mass^{ts} in the late
insurrection, if the Gen^l Authority had intermeddled.
M^r Langdon was for striking out as moved by M^r Pinkney. The
apprehension of the national force, will have a salutary effect in
preventing insurrections.
M^r Randolph. If the Nat^l Legislature is to judge whether the State
legislature can or cannot meet, that amendment would make the clause as
objectionable as the motion of M^r Pinkney.
M^r Gov^r Morris. We are acting a very strange part. We first form a
strong man to protect us, and at the same time wish to tie his hands
behind him. The legislature may surely be trusted with such a power to
preserve the public tranquillity.
On the motion to add, "or without it (application) when the legislature
cannot meet"
N.H. ay. Mass. no. C^t ay. P^a div^d. Del. no. M^d no. V^a ay.
N.C. div^d. S. C. ay. Geo. ay. So agreed to.
M^r Madison and M^r Dickenson moved to insert as explanatory, after
"State"--"against the Government thereof". There might be a rebellion
ag^{st} the U. States--which was agreed to nem. con.
On the clause as amended
N.H. ay. Mass.[32] abs^t. C^t ay. Pen. abs^t. Del. no. M^d no.
V^a ay. N.C. no. S.C. no. Georg. ay.--so it was lost.
[32] In the printed Journal, Mas. no.--Madison's Note.
"To make war"
M^r Pinkney opposed the vesting this power in the Legislature. Its
proceedings were too slow. It w^d meet but once a year, the H^s of Rep^s
would be too numerous for such deliberations. The Senate would be the
best depository, being more acquainted with foreign affairs, and most
capable of proper resolutions. If the States are equally represented in
the Senate, so as to give no advantage to the large States, the power
will notwithstanding be safe, as the small have their all at stake in
such cases as well as the large States. It would be singular for one
authority to make war, and another peace.
M^r Butler. The Objections ag^{st} the Legislature lie in a great degree
ag^{st} the Senate. He was for vesting the power in the President, who
will have all the requisite qualities, and will not make war but when
the Nation will support it.
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