Mr. L. MARTIN concurred. They will create jealousies and oppositions in the State tribunals, with the jurisdiction of which they will interfere.

Mr. GORHAM. There are in the States already Federal Courts, with jurisdiction for trial of piracies, &c. committed on the seas. No complaints have been made by the States or the courts of the States. Inferior tribunals are essential to render the authority of the National Legislature effectual.

Mr. RANDOLPH observed, that the courts of the States cannot be trusted with the administration of the National laws. The objects of jurisdiction are such as will often place the general and local policy at variance.

Mr. GOUVERNEUR MORRIS urged also the necessity of such a provision.

Mr. SHERMAN was willing to give the power to the Legislature, but wished them to make use of the State tribunals, whenever it could be done with safety to the general interest.

Col. MASON thought many circumstances might arise, not now to be foreseen, which might render such a power absolutely necessary.

On the question for agreeing to the twelfth Resolution, empowering the National Legislature to appoint inferior tribunals,—it was agreed to, nem. con. The clause of "Impeachments of national officers," was struck out, on motion for the purpose.

The thirteenth Resolution, "The jurisdiction of the National Judiciary, &c." being then taken up, several criticisms having been made on the definition, it was proposed by Mr. MADISON So to alter it as to read thus; "that the jurisdiction shall extend VOL. I.-72

to all cases arising under the national laws; and to such other questions as may involve the national peace and harmony;" which was agreed to, nem. con. The fourteenth Resolution, providing for the admission of new States, was agreed to, nem. con.

The fifteenth Resolution, "that provision ought to be made for the continuance of Congress, &c. and for the completion of their engagements," being considered,

Mr. GOUVERNEUR MORRIS thought the assumption of their engagements might as well be omitted; and that Congress ought not to be continued till all the States should adopt the reform; since it may become expedient to give effect to it whenever a certain number of States shall adopt it.

Mr. MADISON. The clause can mean nothing more than that provision ought to be made for preventing an interregnum; which must exist, in the interval between the adoption of the new Government and the commencement of its operation, if the old Government should cease on the first of these events.

Mr. WILSON did not entirely approve of the manner in which the clause relating to the engagements of Congress was expressed; but he thought some provision on the subject would be proper in order to prevent any suspicion that the obligations of the Confederacy might be dissolved along with the Government under which they were contracted.

On the question on the first part, relating to the continuance of Congress,-Virginia, North Carolina, South Carolina,* aye-3; Massachusetts, Con

In the printed Journal, South Carolina, no.

necticut, Pennsylvania, Delaware, Maryland, Georgia, no-6. The second part, as to the completion of their engagements, was disagreed to, nem. con.

The sixteenth Resolution, "That a republican Constitution and its existing laws ought to be guaranteed to each State by the United States" being considered,

Mr. GOUVERNEUR MORRIS thought the Resolution very objectionable. He should be very unwilling that such laws as exist in Rhode Island should be guaranteed.

Mr. WILSON. The object is merely to secure the States against dangerous commotions, insurrections and rebellions.

Col. MASON. If the General Government should have no right to suppress rebellions against particular States, it will be in a bad situation indeed. As rebellions against itself originate in and against individual States, it must remain a passive spectator of its own subversion.

Mr. RANDOLPH. The Resolution has two objects,— first, to secure a republican government; secondly, to suppress domestic commotions. He urged the necessity of both these provisions.

Mr. MADISON moved to substitute, "that the constitutional authority of the States shall be guaranteed to them respectively against domestic as well as foreign violence."

Doctor McCLURG seconded the motion.

Mr. HOUSTON was afraid of perpetuating the existing Constitutions of the States. That of Georgia was a very bad one, and he hoped would be revised and amended. It may also be difficult for the Gen

eral Government to decide between contending parties, each of which claim the sanction of the Constitution.

Mr. L. MARTIN was for leaving the States to suppress rebellions themselves.

Mr. GORHAM thought it strange that a rebellion should be known to exist in the Empire, and the General Government should be restrained from interposing to subdue it. At this rate an enterprising citizen might erect the standard of monarchy in a particular State, might gather together partizans from all quarters, might extend his views from State to State, and threaten to establish a tyranny over the whole, and the General Government be compelled to remain an inactive witness of its own destruction. With regard to different parties in a State, as long as they confine their disputes to words, they will be harmless to the General Government and to each other. If they appeal to the sword, it will then be necessary for the General Government, however difficult it may be, to decide on the merits of their contest, to interpose and put an end to it.

Mr. CARROLL. Some such provision is essential. Every State ought to wish for it. It has been doubted whether it is a casus fæderis at present; and no room ought to be left for such a doubt hereafter.

Mr. RANDOLPH moved to add, as an amendment to the motion, "and that no State be at liberty to form any other than a republican government."

Mr. MADISON seconded the motion.

Mr. RUTLEDGE thought it unnecessary to insert any guarantee. No doubt could be entertained but

that Congress had the authority, if they had the means, to co-operate with any State in subduing a rebellion. It was and would be involved in the nature of the thing.

Mr. WILSON moved, as a better expression of the idea," that a republican form of Government shall be guaranteed to each State; and that each State shall be protected against foreign and domestic violence."

This seeming to be well received, Mr. MADISON and Mr. RANDOLPH withdrew their propositions, and on the question for agreeing to Mr. WILSON's motion, it passed, nem. con.

Adjourned.

THURSDAY, JULY 19TH.

In Convention,-On re-consideration of the vote rendering the Executive re-eligible a second time, Mr. MARTIN moved to re-instate the words, "to be ineligible a second time."

Mr. GOUVERNEUR MORRIS. It is necessary to take into one view all that relates to the establishment of the Executive; on the due formation of which must depend the efficacy and utility of the union among the present and future States. It has been a maxim in political science, that republican government is not adapted to a large extent of country, because the energy of the executive magistracy cannot reach the extreme parts of it. Our country is an extensive one. We must either then renounce the blessings of the Union, or provide an Executive