Page:Debates in the Several State Conventions, v1.djvu/173

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1787.]
LEGISLATIVE RIGHTS.
153

Carolina, Georgia, 6. Nays: New Jersey, South Carolina, 2. Divided: Connecticut, Delaware, 2.

It was then moved and seconded to postpone the consideration of the remaining clauses in the said 4th resolution.

And on the question to postpone the remaining clauses of the said 4th resolution, it passed in the affirmative.

It was then moved and seconded to proceed to the consideration of the following resolution, being the 5th submitted by Mr. Randolph:—

"Resolved, That the members of the second branch of the national legislature ought to be elected by those of the first, out of," &c.

And on the question to agree to the said 5th resolution, it passed in the negative.

Yeas: None. Nays: Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, 9. Divided: Delaware, 1.

It was then moved and seconded to proceed to the consideration of the following resolution, being the 6th submitted by Mr. Randolph:—

"Resolved, That each branch ought to possess the right of originating acts: that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation; and moreover, to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation: to negative all laws, passed by the several states, contravening, in the opinion of the national legislature, the articles of the Union."

The following words were added to this clause on motion of Mr. Franklin: "or any treaties subsisting under the authority of the Union."

Questions being taken separately on the foregoing clauses of the 6th resolution, they were agreed to.

It was then moved and seconded to postpone the consideration of the last clause of the 6th resolution, namely,—

"To call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof."

On the question to postpone the consideration of said clause, it passed in the affirmative.

In the House.

Mr. President resumed the chair.

Mr. Gorham reported, from the committee, That the committee had made a further progress in the matter to themvol. i.20