the President, who will have all the requisite qualities, and will not make war but when the nation will support it.

Mr. MADISON and Mr. GERRY moved to insert "declare," striking out "make" war, leaving to the executive the power to repel sudden attacks.

Mr. SHERMAN thought it stood very well. The executive should be able to repel, and not to commence, war. "Make is better than "declare," the latter narrowing the power too much.

Mr. GERRY never expected to hear, in a republic, a motion to empower the executive alone to declare war.

Mr. ELLSWORTH. There is a material difference between the cases of making war and making peace. It should be more easy to get out of war than into it. War, also, is a simple and overt declaration; peace, attended with intricate and secret negotiations.

Mr. MASON was against giving the power of war to the executive, because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging, rather than facilitating, war; but for facilitating peace. He preferred "declare" to "make."

On the motion to insert "declare," in place of "make," it was agreed to.

Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 8; New Hampshire, no, 1; Massachusetts, absent.

Mr. PINCKNEY'S motion, to strike out the whole clause, was disagreed to, without call of states.

Mr. BUTLER moved to give the legislature the power of peace, as they were to have that of war.

Mr. GERRY seconds him. Eight senators may possibly exercise the power, if vested in that body, and fourteen if all should be present, and may, consequently, give up part of the United States. The Senate are more liable to be corrupted by an enemy than the whole legislature.

On the motion for adding "and peace," after "war," it was unanimously negatived. 215 Adjourned.

SATURDAY, August 18.

In Convention. Mr. MADISON submitted, in order to be referred to the committee of detail, the following powers, as proper to be added to those of the general legislature:

"To dispose of the unappropriated lands of the United States.
"To institute temporary governments for new states arising therein.

"To regulate affairs with the Indians, as well within as without the limits of the United States.

"To exercise, exclusively, legislative authority at the seat of the general government, and over a district around the same not exceeding square miles, the

consent of the legislature of the state or states, comprising the same, being first obtained.

* Connecticut voted in the negative; but, on the remark, by Mr. King, that "make" war might be understood to "conduct" it, which was an executive function, Mr. Ellsworth gave up his objection, and the vote was changed to ay.

"To grant charters of corporation, in cases where the public good may require them, and the authority of a single state may be incompetent.

"To secure to literary authors their copyrights for a limited time.

"To establish a university.

"To encourage, by premiums and provisions, the advancement of useful knowledge and discoveries.

To authorize the executive to procure, and hold, for the use of the United States, landed property, for the erection of forts, magazines, and other necessary buildings.”

These propositions were referred to the committee of detail which had prepared the report, and, at the same time, the following, which were moved by Mr. PINCKNEY-in both cases unanimously :

"To fix, and permanently establish, the seat of government of the United States, in which they shall possess the exclusive right of soil and jurisdiction. "To establish seminaries for the promotion of literature, and the arts and sci

ences.

"To grant charters of incorporation.

"To grant patents for useful inventions.

"To secure to authors exclusive rights for a certain time.

"To establish public institutions, rewards, and immunities, for the promotion of agriculture, commerce, trades, and manufactures.

"That funds, which shall be appropriated for the payment of public creditors, shall not, during the time of such appropriation, be diverted or applied to any other purpose, and that the committee prepare a clause or clauses for restraining the legislature of the United States from establishing a perpetual revenue.

"To secure the payment of the public debt.

"To secure all creditors, under the new Constitution, from a violation of the public faith, when pledged by the authority of the legislature. "To grant letters of marque and reprisal.

"To regulate stages on the post-roads."

Mr. MASON introduced the subject of regulating the militia. He thought such a power necessary to be given to the general government. He hoped there would be no standing army in time of peace, unless it might be for a few garrisons. The militia ought, therefore, to be the more effectually prepared for the public defence. Thirteen states will never concur in any one system, if the disciplining of the militia be left in their hands. If they will not give up the power over the whole, they probably will over a part, as a select militia. He moved, as an addition to the propositions just referred to the committee of detail, and to be referred in like manner, "a power to regulate the militia."

Mr. GERRY remarked, that some provision ought to be made in favor of public securities, and something inserted concerning letters of marque, which he thought not included in the power of war. proposed that these subjects should also go to a committee.

He

Mr. RUTLEDGE moved to refer a clause, "that funds appropriated to public creditors should not be diverted to other purposes.'

Mr. MASON was much attached to the principle, but was afraid such a fetter might be dangerous in time of war. He suggested the necessity of preventing the danger of perpetual revenue, which must, of necessity, subvert the liberty of any country. If it be objected to, on the principle of Mr. Rutledge's motion, that public credit may require perpetual provisions, that case might be excepted, it being declared that, in other cases, no taxes should be laid for a longer term

than years. He considered the caution observed in Great Britain, on this point, as the palladium of public liberty.

Mr. RUTLEDGE'S motion was referred. He then moved that a grand committee be appointed, to consider the necessity and expediency of the United States assuming all the state debts. A regular settlement between the Union and the several states would never take place. The assumption would be just, as the state debts were contracted in the common defence; it was necessary, as the taxes on imports, the only sure source of revenue, were to be given up to the Union; it was politic, as, by disburdening the people of the state debts, it would conciliate them to the plan.

Mr. KING and Mr. PINCKNEY seconded the motion.

Col. MASON interposed a motion, that the committee prepare a clause for restraining perpetual revenue, which was agreed to, nem.

con.

Mr. SHERMAN thought it would be better to authorize the legislature to assume the state debts, than to say positively it should be done. He considered the measure as just, and that it would have a good effect to say something about the matter.

Mr. ELLSWORTH differed from Mr. Sherman. As far as the state debts ought in equity to be assumed, he conceived that they might and would be so.

Mr. PINCKNEY observed, that a great part of the state debts were of such a nature that, although in point of policy and true equity they ought to be, yet would they not be, viewed in the light of federal expenditures.

Mr. KING thought the matter of more consequence than Mr. Ellsworth seemed to do; and that it was well worthy of commitment. Besides the considerations of justice and policy, which had been men◄ tioned, it might be remarked, that the state creditors, an active and formidable party, would otherwise be opposed to a plan which transferred to the Union the best resources of the states, without transferring the state debts at the same time. The state creditors had generally been the strongest foes to the impost plan. The state debts probably were of greater amount than the federal. He would not say that it was practicable to consolidate the debts, but he thought it would be prudent to have the subject considered by a committee, On Mr. Rutledge's motion, that a committee be appointed to consider of the assumption, &c., it was agreed to.

Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, Georgia, ay, 6; New Hampshire, New Jersey, Delaware, Maryland, no, 4; Pennsylvania, divided.

Mr. Gerry's motion to provide for public securities, for stages on post-roads, and for letters of marque and reprisal, was committed,

nem. con.

Mr. KING suggested, that all unlocated lands of particular states ought to be given up, if state debts were to be assumed.

Mr. WILLIAMSON concurred in the idea.216

A grand committee was appointed, consisting of Mr. Langdon, Mr. King, Mr. Sherman, Mr. Livingston, Mr. Clymer, Mr. Dickinson, Mr. M'Henry, Mr. Mason, Mr. Williamson, Mr. C. C. Pinckney, and Mr. Baldwin.

Mr. RUTLEDGE remarked on the length of the session, the probable impatience of the public, and the extreme anxiety of many members of the Convention to bring the business to an end; concluding with a motion, that the Convention meet henceforward precisely at ten o'clock, A. M.; and that, precisely at four o'clock, P. M., the president adjourn the House without motion for the purpose; and that no motion to adjourn sooner be allowed.

On this question,

New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Pennsylvania, Maryland, no, 2.

Mr. ELLSWORTH observed, that a council had not yet been provided for the President. He conceived there ought to be one. His proposition was, that it should be composed of the president of the Senate, the chief justice, and the ministers as they might be established for the departments of foreign and domestic affairs, war, finance, and marine; who should advise but not conclude the President. Mr. PINCKNEY wished the proposition to lie over, as notice had been given for a like purpose by Mr. Gouverneur Morris, who was not then on the floor. His own idea was, that the President should be authorized to call for advice, or not, as he might choose. Give him an able council, and it will thwart him; a weak one, and he will shelter himself under their sanction.

Mr. GERRY was against letting the heads of the departments, particularly of finance, have any thing to do in business connected with legislation. He mentioned the chief justice, also, as particularly exceptionable. These men will also be so taken up with other matters, as to neglect their own proper duties.

Mr. DICKINSON urged, that the great appointments should be made by the legislature, in which case they might properly be consulted by the executive, but not if made by the executive himself. 217 This subject, by general consent, lay over, and the House proceeded to the clause, "to raise armies."

Mr. GORHAM moved to add, "and support," after "raise." Agreed to, nem. con.; and then the clause was agreed to, nem. con., as amended.

Mr. GERRY took notice that there was no check here against standing armies in time of peace. The existing Congress is so constructed, that it cannot of itself maintain an army. This would not be the case under the new system. The people were jealous on this head, and great opposition to the plan would spring from such an omission. He suspected that preparations of force were now making against it. [He seemed to allude to the activity of the governor of New York, at this crisis, in disciplining the militia of that state.] He thought an army dangerous in time of peace, and could never con

sent to a power to keep up an indefinite number. He proposed that there should not be kept up in time of peace more than thousand troops. His idea was, that the blank should be filled with two or three thousand.

Instead of "to build and equip fleets," "to provide and maintain a navy," was agreed to, nem. con., as a more convenient definition of the power.

A clause, "to make rules for the government and regulation of the land and naval forces," was added from the existing Articles of Confederation.

Mr. L. MARTIN and Mr. GERRY now regularly moved, "Provided, that, in time of peace, the army shall not consist of more than thousand men."

Gen. PINCKNEY asked, whether no troops were ever to be raised until an attack should be made on us.

Mr. GERRY. If there be no restriction, a few states may establish a military government.

Mr. WILLIAMSON reminded him of Mr. Mason's motion for limiting the appropriation of revenue as the best guard in this case. Mr. LANGDON saw no room for Mr. Gerry's distrust of the representatives of the people.

Mr. DAYTON. Preparations for war are generally made in time of peace; and a standing force of some sort may, for aught we know, become unavoidable. He should object to no restrictions consistent with these ideas.

The motion of Mr. Martin and Mr. Gerry was disagreed to, nem.

con.218

Mr. MASON moved, as an additional power,

"to make laws for the regulation and discipline of the militia of the several states, reserving to the states the appointment of the officers."

He considered uniformity as necessary in the regulation of the militia, throughout the Union.

Gen. PINCKNEY mentioned a case, during the war, in which a dissimilarity in the militia of different states had produced the most serious mischiefs. Uniformity was essential. The states would never keep up a proper discipline of the militia.

Mr. ELLSWORTH was for going as far, in submitting the militia to the general government, as might be necessary; but thought the motion of Mr. Mason went too far. He moved,

"that the militia should have the same arms and exercise, and be under rules established by the general government when in actual service of the United States; and when states neglect to provide regulations for militia, it should be regulated and established by the legislature of the United States."

The whole authority over the militia ought by no means to be taken away from the states, whose consequence would pine away to nothing after such a sacrifice of power. He thought the general authority could not sufficiently pervade the Union for such a purpose, nor could it accommodate itself to the local genius of the people. It must be vain to ask the states to give the militia out of their hands.