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

any treaties subsisting under the authority of the Union," was then taken up.

Mr. GOUVERNEUR MORRIS opposed this power as likely to be terrible to the States, and not necessary if sufficient Legislative authority should be given to the General Government.

Mr. SHERMAN thought it unnecessary; as the Courts of the States would not consider as valid any law contravening the authority of the Union, and which the Legislature would wish to be negatived.

Mr. L. MARTIN considered the power as improper and inadmissible. Shall all the laws of the States be sent up to the General Legislature before they shall be permitted to operate?

Mr. MADISON Considered the negative on the laws of the States as essential to the efficacy and security of the General Government. The necessity of a General Government proceeds from the propensity of the States to pursue their particular interests, in opposition to the general interest. This propensity will continue to disturb the system unless effectually controlled. Nothing short of a negative on their laws will control it. They will pass laws which will accomplish their injurious objects before they can be repealed by the General Legislature, or set aside by the National tribunals. Confidence cannot be put in the state tribunals as guardians of the National authority and interests. In all the States these are more or less dependent on the Legislatures. In Georgia they are appointed annually by the Legislature. In Rhode Island the Judges who refused to execute an unconstitutional law were displaced, and others substituted, by the Legislature,

who would be the willing instruments of the wicked and arbitrary plans of their masters. A power of negativing the improper laws of the States is at once the most mild and certain means of preserving the harmony of the system. Its utility is sufficiently displayed in the British system. Nothing could maintain the harmony and subordination of the various parts of the Empire, but the prerogative by which the Crown stifles in the birth every act of every part tending to discord or encroachment. It is true the prerogative is sometimes misapplied, through ignorance or partiality to one particular part of the Empire; but we have not the same reason to fear such misapplications in our system. As to the sending all laws up to the National Legislature, that might be rendered unnecessary by some emanation of the power into the States, so far at least as to give a temporary effect to laws of immediate necessity.

Mr. GOUVERNEUR MORRIS was more and more opposed to the negative. The proposal of it would disgust all the States. A law that ought to be negatived, will be set aside in the Judiciary department; and if that security should fail, may be repealed by a National law.

Mr. SHERMAN. Such a power involves a wrong principle, to wit, that a law of a State contrary to the Articles of the Union would, if not negatived, be valid and operative.

Mr. PINCKNEY urged the necessity of the negative. On the question for agreeing to the power of negativing laws of States, &c. it passed in the negative, Massachusetts, Virginia, North Carolina, aye-3; Connecticut, New Jersey, Pennsylvania,

Delaware, Maryland, South Carolina, Georgia, no -7.

Mr. L. MARTIN moved the following resolution, "That the Legislative acts of the United States made by virtue and in pursuance of the Articles of Union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States, as far as those acts or treaties shall relate to the said States, or their citizens and inhabitants; and that the Judiciaries of the several States shall be bound thereby in their decisions, any thing in the respective laws of the individual States to the contrary notwithstanding;" which was agreed to, nem. con.

The ninth Resolution being taken up, the first clause, “That a National Executive be instituted, to consist of a single person," was agreed to, nem.

con.

The next clause, “To be chosen by the National Legislature," being considered,

Mr. GOUVERNEUR MORRIS was pointedly against his being so chosen. He will be the mere creature of the Legislature, if appointed and impeachable by that body. He ought to be elected by the people at large, by the freeholders of the country. That difficulties attend this mode, he admits. But they have been found superable in New York and in Connecticut, and would, he believed, be found so in the case of an Executive for the United States. If the people should elect, they will never fail to prefer some man of distinguished character, or services; some man, if he might so speak, of continental reputation. If the Legislature elect, it will