Page:Debates in the Several State Conventions, v5.djvu/464

438 Mr. GOUVERNEUR MORRIS. The executive may possibly be at the head of the rebellion. The general government should enforce obedience in all cases where it may be necessary.

Mr. ELLSWORTH. In many cases, the general government ought not to be able to interpose, unless called upon. He was willing to vary his motion, so as to read, "or without it, when the legislature cannot meet."

Mr. GERRY was against letting loose the myrmidons of the United States on a state, without its own consent. The states will be the best judges in such cases. More blood would have been spilt in Massachusetts, in the late insurrection, if the general authority had intermeddled.

Mr. LANGDON was for striking out, as moved by Mr. PINCKNEY. The apprehension of the national force will have a salutary effect in preventing insurrections.

Mr. RANDOLPH. If the national legislature is to judge whether the state legislature can or cannot meet, that amendment would make the clause as objectionable as the motion of Mr. Pinckney.

Mr. GOUVERNEUR MORRIS. We are acting a very strange part. We first form a strong man to protect us, and at the same time wish to tie his hands behind him. The legislature may surely be trusted with such a power, to preserve the public tranquillity.

On the motion to add, "or without it, [application,] when the legislature cannot meet," it was agreed to.

New Hampshire, Connecticut, Virginia, South Carolina, Georgia, ay, 5; Massachusetts, Delaware, Maryland, no, 3; Pennsylvania, North Carolina, divided.

Mr. MADISON and Mr. DICKINSON moved to insert, as explanatory, after "state," "against the government thereof." There might be a rebellion against the United States. The motion was agreed to, ''nem. con.''

On the clause, as amended,—

New Hampshire, Connecticut, Virginia, Georgia, ay, 4; Delaware, Maryland, North Carolina, South Carolina, no, 4; Massachusetts, (in the printed Journal, Mas- sachusetts, no,) Pennsylvania, absent. So it was lost.$214$

On the clause, "to make war,"—

Mr. PINCKNEY opposed the vesting this power in the legislature. Its proceedings were too slow. It would meet but once a year. The House of Representatives would be too numerous for such deliberations. The Senate would be the best depository, being more acquainted with foreign affairs, and most capable of proper resolutions. If the states are equally represented in the Senate, so as to give no advantage to the large states, the power will, notwithstanding, 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