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United States can be informed thereof. And to render these prohibitions effectual, the Legislature of the United States shall have the power to revise the laws of the several States that may be supposed to infringe the powers exclusively delegated by this Constitution to Congress, and to negative and annul such as do.
" The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. Any person, charged with crimes in any State, fleeing from justice to another, shall, on demand of the Executive of the State from which he fled, be delivered up, and removed to the State having jurisdiction of the offence.
"Full faith shall be given, in each State, to the acts of the Legislature, and to the records and judicial proceedings of the courts and magistrates, of
“The Legislature shall have power to admit new States into the Union, on the same terms with the original States; provided two-thirds of the members present in both Houses agree.
“On the application of the Legislature of a State, VOL. I.-44*
the United States shall protect it against domestic insurrection.
“ If two-thirds of the Legislatures of the States apply for the same, the Legislature of the United States shall call a convention for the purpose of amending the Constitution ; or, should Congress,
, with the consent of two-thirds of each House, propose to the States amendments to the same, the agreement of two-thirds of the Legislatures of the States shall be sufficient to make the said amendments parts of the Constitution. " The ratification of the
conventions of States shall be sufficient for organizing this Constitution."
Ordered, that the said draft be referred to the Committee of the Whole appointed to consider the state of the American Union.
WEDNESDAY, MAY 30TH.
Roger SHERMAN, from Connecticut, took his seat.
The House went into Committee of the Whole on the state of the Union. Mr. GORHAM was elected to the Chair by ballot.
The propositions of Mr. RANDOLPH which had been referred to the Committee being taken up, he moved, on the suggestion of Mr. G. Morris, that the first of his
propositions,—to wit: “ Resolved, that the Articles of ✓ Confederation ought to be so corrected and enlarged, as to accomplish the objects proposed by their institution; namely, common defence, security of liberty, and general welfare,”-should mutually be postponed, in order to consider the three following:
“1. That a union of the States merely federal will not accomplish the objects proposed by the Articles of Confederation, namely, common defence, security of liberty, and general welfare.
“2. That no treaty or treaties among the whole or part of the States, as individual sovereignties, would be sufficient.
"3. That a national government ought to be established, consisting of a supreme Legislative, Executive and Judiciary.”
The motion for postponing was seconded by Mr. G. Morris, and unanimously agreed to.
Some verbal criticisms were raised against the first proposition, and it was agreed, on motion of Mr. BUTLER, seconded by Mr. RANDOLPH, to pass on to the third, which underwent a discussion, less, however, on its general merits than on the force and extent of the particular terms national and supreme.
Mr. CHARLES PINCKNEY wished to know of Mr. RANDOLPH, whether he meant to abolish the State governments altogether. Mr. RANDOLPH replied, that he meant by these general propositions merely to introduce the particular ones which explained the outlines of the system he had in view.
Mr. BUTLER said, he had not made up his mind on the subject, and was open to the light which discus
sion might throw on it. After some general observations, he concluded with saying, that he had opposed the grant of powers to Congress heretofore, because the whole power was vested in one body. The proposed distribution of the powers with different bodies changed the case, and would induce him to go great lengths.
General PINCKNEY expressed a doubt whether the act of Congress recommending the Convention, or the commissions of the Deputies to it, would authorize a discussion of a system founded on different principles from the Federal Constitution.
Mr. GERRY seemed to entertain the same doubt.
Mr. Gouverneur Morris explained the distinction between a federal and a national, supreme government; the former being a mere compact resting on the good faith of the parties; the latter having a complete and compulsive operation. He contended, that in all communities there must be one supreme power, and one only.
Mr. Mason observed, not only that the present Confederation was deficient in not providing for coercion and punishment against delinquent States; but argued very cogently, that punishment could not in the nature of things be executed on the States collectively, and therefore that such a government was necessary as could directly operate on individuals, and would punish those only whose guilt required it.
Mr. SHERMAN admitted that the Confederation had not given sufficient power to Congress, and that additional powers were necessary; particularly that of raising money, which he said would involve many
other powers. He admitted also, that the general and particular jurisdictions ought in no case to be concurrent. He seemed, however, not to be disposed to make too great inroads on the existing system; intimating, as one reason, that it would be wrong to lose every amendment by inserting such as would not be agreed to by the States.
It was moved by Mr. Read, and seconded by Mr. CHARLES COTESWORTH PINCKNEY, to postpone the third proposition last offered by Mr. RANDOLPH, viz.
. " that a national government ought to be established, consisting of a supreme Legislative, Executive, and Judiciary,” in order to take up the following, viz. “Resolved, that, in order to carry into execution the design of the States in forming this Convention, and to accomplish the objects proposed by the Confederation, a more effective government, consisting of a Legislative, Executive, and Judiciary, ought to be established.” The motion to postpone for this purpose was lost: Massachusetts, Connecticut Delaware, South
, Carolina, aye-4; New York, Pennsylvania, Virginia, North Carolina, no—4.
On the question, as moved by Mr. BUTLER, on the third proposition, it was resolved, in Committee of Whole, “that a national government ought to be established, consisting of a supreme Legislative, Executive, and Judiciary,”—Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, aye—6; Connecticut, no—1; New York dividedi® (Colonel Hamilton, aye, Mr. YATES, no).
The following Resolution, being the second of