Page:Debates in the Several State Conventions, v5.djvu/370

344 the only existing force that can be applied to that use? As the resolutions now stand, the committee will have no determinate directions on this great point.

Mr. WILSON thought that some additional directions to the committee would be necessary.

Mr. KING. The committee are to provide for the end. Their discretionary power to provide for the means is involved, according to an established axiom.

Adjourned. 

, July 21.

In Convention.—Mr. WILLIAMSON moved, "that the electors of the executive should be paid out of the national treasury for the service to be performed by them." Justice required this, as it was a national service they were to render. The motion was agreed to, ''nem. con.''

Mr. WILSON moved, as an amendment to the tenth resolution, "that the supreme national judiciary should be associated with the executive in the revisionary power." This proposition had been be fore made and failed; but he was so confirmed by reflection in the opinion of its utility, that he thought it incumbent on him to make another effort. The judiciary ought to have an opportunity of remonstrating against projected encroachments on the people as well as on themselves. It had been said, that the judges, as expositors of the laws, would have an opportunity of defending their constitutional rights. There was weight in this observation; but this power of the judges did not go far enough. Laws may be unjust, may be unwise, may be dangerous, may be destructive, and yet may not be so unconstitutional as to justify the judges in refusing to give them effect. Let them have a share in the revisionary power, and they will have an opportunity of taking notice of those characters of a law, and of counteracting, by the weight of their opinions, the improper views of the legislature. Mr. MADISON seconded the motion.

Mr. GORHAM did not see the advantage of employing the judges in this way. As judges, they are not to be presumed to possess any peculiar knowledge of the mere policy of public measures. Nor can it be necessary as a security for their constitutional rights. The judges in England have no such additional provision for their defence; yet their jurisdiction is not invaded. He thought it would be best to let the executive alone be responsible, and at most to authorize him to call on the judges for their opinions.

Mr. ELLSWORTH approved heartily of the motion. The aid of the judges will give more wisdom and firmness to the executive. They will possess a systematic and accurate knowledge of the laws, which the executive cannot be expected always to possess. The law of nations, also, will frequently come into question. Of this the judges alone will have competent information.

Mr. MADISON considered the object of the motion as of great importance to the meditated Constitution. It would be useful to the 