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 Elseworth, considered the idea of a select militia as impracticable;
& if it were not it would be followed by a ruinous declension of the
great body of the Militia. The States would never submit to the same
militia laws. Three or four shillings as a penalty will enforce better
obedience in New England, than forty lashes in some other places.
M^r Pinkney thought the power such an one as could not be abused, and
that the States would see the necessity of surrendering it. He had
however but a scanty faith in Militia. There must be also a real
military force. This alone can effectually answer the purpose. The
United States had been making an experiment without it, and we see the
consequence in their rapid approaches toward anarchy.[34]
[34] This had reference to the disorders particularly that had
occurred in Massach^{ts} which had called for the
interposition of the federal troops.--Madison's Note.
M^r Sherman, took notice that the States might want their militia for
defence ag^{st} invasions and insurrections, and for enforcing obedience
to their laws. They will not give up this point. In giving up that of
taxation, they retain a concurrent power of raising money for their own
use.
M^r Gerry thought this the last point remaining to be surrendered. If it
be agreed to by the Convention, the plan will have as black a mark as
was set on Cain. He had no such confidence in the Gen^l Gov^t as some
gentlemen possessed, and believed it would be found that the States have
not.
Col. Mason, thought there was great weight in the remarks of M^r
Sherman, and moved an exception to his motion "of such part of the
militia as might be required by the States for their own use."
M^r Read doubted the propriety of leaving the appointment of the Militia
officers in the States. In some States they are elected by the
Legislatures; in others by the people themselves. He thought at least an
appointment by the State Executives ought to be insisted on.
On committing to the grand Committee last appointed, the latter motion
of Col. Mason, & the original one revived by Ge^l Pinkney
N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. ay. M^d div^d.
V^a ay. N. C. ay. S. C. ay. Geo. ay.
Adjourned.
MONDAY AUGUST 20. IN CONVENTION
M^r Pinkney submitted to the House, in order to be referred to the
Committee of detail, the following propositions--"Each House shall be
the judge of its own privileges, and shall have authority to punish by
imprisonment every person violating the same, or who, in the place where
the Legislature may be sitting and during the time of its Session, shall
threaten any of its members for any thing said or done in the House; or
who shall assault any of them therefor--or who shall assault or arrest
any witness or other person ordered to attend either of the Houses in
his way going or returning; or who shall rescue any person arrested by
their order."
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