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Page:Debates in the Several State Conventions, v4.djvu/89

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Iredell.]
NORTH CAROLINA.
73

lar it resembled the old Confederation. Other gentlemen have said there is no similarity at all. He therefore wished the difference to be stated.

Mr. IREDELL remarked, that the provision in the clause under consideration was similar in meaning and substance to that in the Confederation—that in time of war it was absolutely necessary to conceal the operations of government; otherwise no attack on an enemy could be premeditated with success, for the enemy could discover our plans soon enough to defeat them—that it was no less imprudent to divulge our negotiations with foreign powers, and the most salutary schemes might be prevented by imprudently promulgating all the transactions of the government indiscriminately.

Mr. J. GALLOWAY wished to obviate what gentlemen had said with regard to the similarity of the old Confederation to the new system, with respect to the publication of their proceedings. He remarked, that, at the desire of one member from any state, the yeas and nays were to be put on the Journals, and published by the Confederation; whereas, by this system, the concurrence of one fifth was necessary.

To this it was answered, that the alteration was made because experience had showed, when any two members could require the yeas and nays, they were taken on many trifling occasions; and there was no doubt one fifth would require them on every occasion of importance.

The 6th section read without any observations.

1st clause of the 7th section likewise read without any observations.

2d clause read.

Mr. IREDELL. Mr. Chairman, this is a novelty in the Constitution, and is a regulation of considerable importance. Permit me to state the reasons for which I imagine this regulation was made. They are such as, in my opinion, fully justify it.

One great alteration proposed by the Constitution—and which is a capital improvement on the Articles of Confederation—is, that the executive, legislative, and judicial powers should be separate and distinct. The best writers, and all the most enlightened part of mankind, agree that it is essential to the preservation of liberty, that such dis-
vol. iv.107