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 Wilson considered this as the key-stone wanted to compleat the wide
arch of Government we are raising. The power of self-defence had been
urged as necessary for the State Governments. It was equally necessary
for the General Government. The firmness of Judges is not of itself
sufficient. Something further is requisite. It will be better to prevent
the passage of an improper law, than to declare it void when passed.
M^r Rutlidge. If nothing else, this alone would damn and ought to damn
the Constitution. Will any State ever agree to be bound hand & foot in
this manner. It is worse than making mere corporations of them whose bye
laws would not be subject to this shackle.
M^r Elseworth observed that the power contended for w^d require either
that all laws of the State Legislatures should previously to their
taking effect be transmitted to the Gen^l Legislature, or be repealable
by the Latter; or that the State Executives should be appointed by the
Gen^l Government, and have a controul over the State laws. If the last
was meditated let it be declared.
M^r Pinkney declared that he thought the State Executives ought to be so
appointed with such a controul, & that it would be so provided if
another Convention should take place.
M^r Govern^r Morris did not see the utility or practicability of the
proposition of M^r Pinkney, but wished it to be referred to the
consideration of a Committee.
M^r Langdon was in favor of the proposition. He considered it as
resolvable into the question whether the extent of the National
Constitution was to be judged of by the Gen^l or the State Governments.
On the question for commitment, it passed in the negative.
N. H. ay. Mass^{ts} no. Con^t no. N. J. no. P^a ay. Del. ay.
M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.
M^r Pinkney then withdrew his proposition.
The 1^{st} sect. of Art: VII being so amended as to read "The
Legislature _shall_ fulfil the engagements and discharge the debts of
the U. S. & shall have the power to lay & collect taxes duties imposts &
excises," was agreed to.
M^r Butler expressed his dissatisfaction lest it should compel payment
as well to the Blood-suckers who had speculated on the distresses of
others, as to those who had fought & bled for their country. He would be
ready he said to-morrow to vote for a discrimination between those
classes of people, and gave notice that he should move for a
reconsideration.
Art IX Sect. 1. being resumed, to wit "The Senate of the U. S. shall
have power to make treaties, and to appoint Ambassadors, and Judges of
the Supreme Court."
M^r Madison observed that the Senate represented the States alone, and
that for this as well as other obvious reasons it was proper that the
President should be an agent in Treaties.
Public-domain text, read in full here on John Shaqi.
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