Page:The Records of the Federal Convention of 1787 Volume 2.djvu/217

 RECORDS OF THE FEDERAL CONVENTION II T.uesday McHENRY .4ugust 7 upon which the Senate had only a negative, gave to that branch an inordinate power in the constitution, which must end in its destruction. That without equal powers they were not an equal check upon each other- and that this was the chance that appeared for obtained an equal suffrage, or a suffrage equal to wht we had in the present confedn. We accorded also that the deputation should in no event consent to the 6 sect. of VII article. 2 He saw plainly that as a quorum consisted of a majority of the members of each house--that the dearest interest of trade were under the controul of four States or of x7 roerobes in one branch and 8 in the other branch? 6 We adverted also to the tst sect of the VII article which enabled the legislature to lay and collect taxes, duties, imposts and excises, and to regulate commerce among the several States. We almost shuddered at the fate of the commerce of Maryland should we be unable to make any change in this extraordinary power. We agreed that our deputation ought never to assent to this article in its present form or without obtaining such a provision as I proposed. I now begged his particular attention to my last propo- sition. 27 By the XXII article we were called upon to agree that the system should be submitted to a convention chosen in each State under the recommendation of its legislature. And that a less number of conventions than the whole agree- ing to the system should be sufficient to organise the con- stitution. We had taken an oath to support our constitution and frame of government. We had been empowered by a legis- lature legally constituted to revise the confederation and fit it for the exigecies of governmere, and ?reservation of the tnlon. Could we do this business in a manner contrary to our constitu- tion? I feared (This 2 was said first I thoughtmthen I feared 9)  "No navigation act shall be passed without the assent of two-thirds of the members present in each house." 26 Marginal note: "33 W and 4 8."  As to ratification by nine states. s Note by McHenr!r.  The word "feared" is substituted for a word erased.

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