Page:The Records of the Federal Convention of 1787 Volume 2.djvu/304

 298 RECORDS OF THE FEDERAL CONVENTION Wednesday MADISON zlugst x5 ish Islands in W- Indies by Treaty alone were an example- If Spain should possess herself of Georgia therefore the Senate might by treaty dismember the Union. He wished the motion to be decided now, that the friends of it might know how to conduct themselves. On question for postponing Sect: x2. {it passed in the affirmative.> N..H. ay. Mas. ay Ct. no.  Maryd. no. Va. ay. N. C. ay. S.C. ay- Geo. ay.- [Ayes- 6; noes -- 5-]9 Mr. Ms(alison) moved that all acts before they become laws should be submitted both to the Executive and Supreme Judiciary Departments, that if either of these should object  of each House, if both should object,  of each House, should be necessary to overrule the objections and give to the acts the force of law.- {See the motion at large in the Journal of this date, page 258 [253]. & insert it here.) Mr. Wilson seconds the motion Mr. Pinkhey opposed the interference of the Judges in the Legislative business: it will involve them in parties, and give a previous tincture to their opinions. Mr. Mercer heartily approved the motion. It as-an axiom that the Judiciary ought to be separate from the Legislative: but equally so that it ought to be independent of that depart- ment. The true policy of the axiom is that legislative usurpa- tion and oppression may be obviated. He disapproved of the Doctrine that the Judges as expositors of the Constitution should have authority to declare a law void. He thought laws ought to be well and cautiously made, and then to be uncontroulable. Mr. Gerry. This motion comes to the same thing with what has been already negatived. Question on the motion of Mr M(adison> N- H. no. Mass. no. Ct. no. N.J. no. Pa. no. Del. ay. Maryd. ay. Virga. ay. N. C. no. S.C. no. Geo. no. [Ayes- 3; noes -- 8.] ' Revised from Journal.

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