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 Randolph thought such a provision necessary: for though the U.
States will be bound, the new Gov^t will have no authority in the case
unless it be given to them.
M^r Madison thought it necessary to give the authority in order to
prevent misconstruction. He mentioned the attempts made by the Debtors
to British subjects to shew that contracts under the old Government,
were dissolved by the Revolution which destroyed the political identity
of the Society.
M^r Gerry thought it essential that some explicit provision should be
made on this subject, so that no pretext might remain for getting rid of
the public engagements.
M^r Gov^r Morris moved by way of amendment to substitute--"The
Legislature _shall_ discharge the debts & fulfil the engagements of the
U. States."
It was moved to vary the amendment by striking out "discharge the debts"
& to insert "liquidate the claims," which being negatived,
The amendment moved by M^r Gov^r Morris was agreed to all the States
being in the affirmative.
It was moved & 2^{ded} to strike the following words out of the 2^d
clause of the report "and the authority of training the militia
according to the discipline prescribed by the U. S." Before a question
was taken
The House adjourned.
THURSDAY IN CONVENTION AUG: 23, 1787
The Report of the Committee of Eleven made Aug: 21. being taken up, and
the following clause being under consideration to wit "To make laws for
organizing, arming & disciplining the Militia, and for governing such
parts of them as may be employed in the service of the U. S. reserving
to the States respectively, the appointment of the officers, and
authority of training the militia according to the discipline
prescribed."
M^r Sherman moved to strike out the last member "and authority of
training" &c. He thought it unnecessary. The States will have this
authority of course if not given up.
M^r Elseworth doubted the propriety of striking out the sentence. The
reason assigned applies as well to the other reservation of the
appointment to offices. He remarked at the same time that the term
discipline was of vast extent and might be so expounded as to include
all power on the subject.
M^r King, by way of explanation, said that by _organizing_, the
Committee meant, proportioning the officers & men--by _arming_,
specifying the kind size & caliber of arms--& by _disciplining_,
prescribing the manual exercise evolutions &c.
M^r Sherman withdrew his motion.
M^r Gerry. This power in the U. S. as explained is making the States
drill-sergeants. He had as lief let the Citizens of Massachusetts be
disarmed, as to take the command from the States, and subject them to
the Gen^l Legislature. It would be regarded as a system of Despotism.
M^r Madison observed that "_arming_" as explained did not extend to
furnishing arms; nor the term "_disciplining_" to penalties & Courts
Martial for enforcing them.
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