Page:The Records of the Federal Convention of 1787 Volume 2.djvu/32

 g8 RECORDS OF THE FEDERAL CONVENTION Tuesday MADISON July 7 dependt. on the Legislatures. In Georgia 0 they are appointed annually by the Legislature. In R. Island the Judges who refused to execute an unconstitutional law were displaced, and others substituted, by the Legislature who would be willing instruments of the wicked & arbitrary plans of their masters. ./k power of negativing the improper laws of the States is at once the most mild & certain means of preserving the har- mony of the system. Its utility is sufficiently displayed in the British System. Nothing could maintain the harmony & subordination of the various parts of the empire, but the prerogative by which the Crown, stifles in the birth every Act of every part tending to discord or encroachment. It is .true the prerogative is sometines misapplied thro' ignorance or a partiality to one particular part of ye. empire: but we have not the same reason to fear such misapplications in our Sys- tem. As to the sending all laws up to the Natl. Legisl: that might be rendered unnecessary by some emanation of the power into the States, so far at least, as to give a temporary effect to laws of immediate necessity. Mr. Govt. Morris was more & more opposed to the negative. The proposal of it would disgust all the States. A law that ought to be negatived will be set aside in the Judiciary de- partrot. and if that security should fail; may be repealed by a Nationl. law. Mr. Sherman. Such a power involves a wrong principle, to wit, that a law of a State contrar 7 to the articles of the Union, would if not negatived, be valid & operative. Mr. Pinkhey urged the necessity of the Negative. On the question for agreeing to the power of negativing laws of States &c." (it passed in the negative.) Mss. ay. Ct. no. N.J. no. Pa. no. Del. no. Md. no. Va. ay. N. C. ay. S.C. no. Geo. no. [Ayes m 3; noes- 7.] n (Mr. Luther Martin moved the following resolution "that the Legislative acts of the U.S. made by virtue & in pur- suance of the articles of Union, and all treaties made & ratified under the authority of the U.S. shall be the supreme law of o ,,p. Isd. &" twice struck out. n See Appendix A CXXXVII.

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