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withstanding, be safe, as the small have their all at stake in such cases as well as the large States. It would be singular for one authority to make war, and another peace,
Mr. BUTLER. The objections against the Legislature lie in a great degree against the Senate. He was for vesting the power in the President, who will have all the requisite qualities, and will not make war but when the nation will support it.
Mr. MADISON and Mr. GERRY moved to insert “declare," striking out "make" war; leaving to the Executive the power to repel sudden attacks.
Mr. SHERMAN thought it stood very well. The Executive should be able to repel, and not to commence, war. "Make” is better than declare, the latter narrowing the power too much.
Mr. Gerry never expected to hear, in a republic, a motion to empower the Executive alone to declare war.
Mr. ELLSWORTH. There is a material difference between the cases of making war and making peace. It should be more easy to get out of war, than into it. War also is a simple and overt declaration, peace attended with intricate and secret negociaations.
Mr. Mason was against giving the power of war to the Executive, because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging, rather than facilitating war; but for facilitating peace. He preferred “declare" to “make.”
On the motion to insert“ declare” in place of "make" it was agreed to,
Connecticut, * Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye—8; New Hampshire, no-1; Massachusetts, absent.
Mr. PINCKNEY's motion to strike out the whole clause, was disagreed to, without call of States.
Mr. Butler moved to give the Legislature the power
of peace, as they were to have that of war. Mr. Gerry seconds him. Eight Senators may possibly exercise the power, if vested in that body; and fourteen, if all should be present; and may consequently give up part of the United States. The Senate are more liable to be corrupted by an enemy, than the whole Legislature.
On the motion for adding “and peace," after war,"—it was unanimously negatived. 316 Adjourned.
SATURDAY, August 18th.
In Convention,-Mr. Madison submitted, in order to be referred to the Committee of Detail, the following powers, as proper to be added to those of the General Legislature:
“ To dispose of the unappropriated lands of the United States.
“To institute temporary governments for new States arising therein.
* Connecticut voted in the negative ; but on the remark by Mr. King, that "make" war might be understood to "conduct” it, which was an Executive function, Mr. Ellsworth gave up his objection, and the vote was changed to aye.
"To regulate affairs with the Indians, as well within as without the limits of the United States.
"To exercise exclusively legislative authority at the seat of the General Government, and over a district around the same not exceeding square miles; the consent of the Legislature of the State or States, comprising the same, being first obtained.
“ To grant charters of corporation in cases where the public good may require them, and the authority of a single State may be incompetent.
“To secure to literary authors their copy-rights for a limited time.
" To establish an university.
“To encourage by premiums and provisions the advancement of useful knowledge and discoveries.
“ To authorize the Executive to procure, and hold for the use of the United States, landed property for the erection of forts, magazines, and other necessary buildings."
These propositions were referred to the Committee of Detail which had prepared the Report; and at the same time the following, which were moved by Mr. PINCKNEY—in both cases unanimously:
“To fix and permanently establish the seat of government of the United States, in which they shall possess the exclusive right of soil and jurisdiction.
"To establish seminaries for the promotion of literature and the arts and sciences. " To grant charters of incorporation.
To grant patents for useful inventions. "To secure to authors exclusive rights for a certain time.
“To establish public institutions, rewards, and immunities for the promotion of agriculture, commerce, trades, and manufactures.
“That funds which shall be appropriated for the payment of public creditors, shall not during the time of such appropriation, be diverted or applied to any other purpose,
and that the Committee prepare a clause or clauses for restraining the Legislature of the United States from establishing a perpetual revenue.
“To secure the payment of the public debt.
"To secure all creditors under the new Constitution from a violation of the public faith when pledged by the authority of the Legislature.
"To grant letters of marque and reprisal. "To regulate stages on the post-roads.”
Mr. Mason introduced the subject of regulating the militia. He thought such a power necessary to be given to the General Government. He hoped there would be no standing army in time of peace, unless it might be for a few garrisons. The militia ought, therefore, to be the more effectually prepared for the public defence. Thirteen States will never concur in any one system, if the disciplining of the militia be left in their hands. If they will not give up the power over the whole, they probably will over a part as a select militia. He moved, as an addition to the propositions just referred to the Committee of Detail, and to be referred in like manner, “a power to regulate the militia."
Mr. GERRY remarked, that some provision ought to be made in favor of public securities, and something inserted concerning letters of marque, which
he thought not included in the power of war.. He proposed that these subjects should also go to a Committee.
Mr. RUTLEDGE moved to refer a clause, “that funds appropriated to public creditors should not be diverted to other purposes."
Mr. Mason was much attached to the principle, but was afraid such a fetter might be dangerous in time of war. He suggested the necessity of preventing the danger of perpetual revenue, which must of necessity subvert the liberty of any country. If it be objected to on the principle of Mr. RUTLEDGE's motion, that public credit may require perpetual provisions, that case might be excepted; it being declared that in other cases no taxes should be laid for a longer term than
years. He considered the caution observed in Great Britain on this point, as the palladium of public liberty.
Mr. RUTLEDGE's motion was referred. He then moved that a Grand Committee be appointed to consider the necessity and expediency of the United States assuming all the State debts. A regular settlement between the Union and the several States would never take place. The assumption would be just, as the State debts were contracted in the common defence. It was necessary, as the taxes on imports, the only sure source of revenue, were to be given up to the Union. It was politic, as by disburthening the people of the State debts, it would conciliate them to the plan.
Mr. King and Mr. PINCKNEY seconded the motion. Col. Mason interposed a motion, that the Commit