페이지 이미지
PDF
ePub

thought, would be fatal. Something must be done by the Convention, though it should be by a bare majority.

Mr. GERRY observed, that Massachusetts was opposed to an adjournment, because they saw no new ground of compromise. But as it seemed to be the opinion of so many States that a trial should be made, the State would now concur in the adjournment.

Mr. RUTLEDGE could see no need of an adjournment, because he could see no chance of a compromise. The little States were fixed. They had repeatedly and solemnly declared themselves to be so. All that the large States, then, had to do was, to decide whether they would yield or not. For his part, he conceived, that, although we could not do what we thought best in itself, we ought to do something. Had we not better keep the Government up a little longer, hoping that another convention will supply our omissions, than abandon every thing to hazard? Our constituents will be very little satisfied with us, if we take the latter course.

Mr. RANDOLPH and Mr. KING renewed the motion to adjourn till to-morrow.

On the question,-Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, aye-7; Connecticut, Delaware, no -2; Georgia, divided.

Adjourned.

[On the morning following, before the hour of the Convention, a number of the members from the larger States, by common agreement, met for the purpose

of consulting on the proper steps to be taken in consequence of the vote in favor of an equal representation in the second branch, and the apparent inflexibility of the smaller States on that point. Several members from the latter States also attended. The time was wasted in vague conversation on the subject, without any specific proposition or agreement. It appeared, indeed, that the opinions of the members who disliked the equality of votes differed much as to the importance of that point; and as to the policy of risking a failure of any general act of the Convention by inflexibly opposing it. Several of them-supposing that no good government could or would be built on that foundation; and that, as a division of the Convention into two opinions was unavoidable, it would be better that the side comprising the principal States, and a majority of the people of America, should propose a scheme of government to the States, than that a scheme should be proposed on the other side-would have concurred in a firm opposition to the smaller States, and in a separate recommendation, if eventually necessary. Others seemed inclined to yield to the smaller States, and to concur in such an act, however imperfect and exceptionable, as might be agreed on by the Convention as a body, though decided by a bare majority of States and by a minority of the people of the United States. It is probable that the result of this consultation satisfied the smaller States, that they had nothing to apprehend from a union of the larger in any plan whatever against the equality of votes in the second branch.]

VOL. I.-70*

TUESDAY, JULY 17TH.

In Convention,-Mr. GOUVERNEUR MORRIS moved to reconsider the whole Resolution agreed to yesterday concerning the constitution of the two branches of the Legislature. His object was to bring the House to a consideration, in the abstract, of the powers necessary to be vested in the General Government. It had been said, Let us know how the government is to be modelled, and then we can determine what powers can be properly given to it. He thought the most eligible course was, first to determine on the necessary powers, and then so to modify the Government, as that it might be justly and properly enabled to administer them. He feared, if we proceeded to a consideration of the powers, whilst the vote of yesterday, including an equality of the States in the second branch, remained in force, a reference to it, either mental or expressed, would mix itself with the merits of every question concerning the powers. This motion was not seconded. [It was probably approved by several members who either despaired of success, or were apprehensive that the attempt would inflame the jealousies of the smaller States.]

The sixth Resolution in the Report of the Committee of the Whole, relating to the powers, which had been postponed in order to consider the seventh and eighth, relating to the constitution, of the National Legislature, was now resumed.

Mr. SHERMAN observed, that it would be difficult to draw the line between the powers of the General Legislature, and those to be left with the States;

that he did not like the definition contained in the Resolution; and proposed, in its place, to the words "individual legislation," inclusive, to insert "to make laws binding on the people of the United States in all cases which may concern the common interests of the Union; but not to interfere with the government of the individual States in any matters of internal police which respect the government of such States only, and wherein the general welfare of the United States is not concerned."

Mr. WILSON Seconded the amendment, as better expressing the general principle.

Mr. GOUVERNEUR MORRIS opposed it. The internal police, as it would be called and understood by the States, ought to be infringed in many cases, as in the case of paper-money, and other tricks by which citizens of other States may be affected.

Mr. SHERMAN, in explanation of his idea, read an enumeration of powers, including the power of levying taxes on trade, but not the power of direct

taxation.

Mr. GOUVERNEUR MORRIS remarked the omission, and inferred, that, for the deficiencies of taxes on consumption, it must have been the meaning of Mr. SHERMAN that the General Government should recur to quotas and requisitions, which are subversive of the idea of government.

Mr. SHERMAN acknowledged that his enumeration did not include direct taxation. Some provision, he supposed, must be made for supplying the deficiency of other taxation, but he had not formed any.

On the question on Mr. SHERMAN's motion, it passed in the negative,-Connecticut, Maryland, aye

-2; Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, no-8.

Mr. BEDFORD moved that the second member of the sixth Resolution be so altered as to read, "and moreover to legislate in all cases for the general interests of the Union, and also in those to which the States are severally incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation."

Mr. GOUVERNEUR MORRIS seconds the motion.

Mr. RANDOLPH. This is a formidable idea, indeed. It involves the power of violating all the laws and Constitutions of the States, and of intermeddling with their police. The last member of the sentence is also superfluous, being included in the first.

Mr. BEDFORD. It is not more extensive or formidable than the clause as it stands: no State being separately competent to legislate for the general interest of the Union.

On the question for agreeing to Mr. BEDFORD's motion, it passed in the affirmative,-Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, aye-6; Connecticut, Virginia, South Carolina, Georgia, no-4.

On the sentence as amended, it passed in the affirmative, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye-8; South Carolina, Georgia, no-2.

The next clause, " To negative all laws passed by the several States contravening, in the opinion of the National Legislature, the Articles of Union, or

« 이전계속 »