On the whole question for electing by the first branch out of nominations by the state legislatures—Massachusetts, Virginia, South Carolina, ay, 3; Connecticut, New York, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, no, 7.
So the clause was disagreed to, and a chasm left in this part of the plan.83
The sixth resolution, stating the cases in which the national legislature ought to legislate, was next taken into discussion. On the question whether each branch should originate laws, there was a unanimous affirmative, without debate. On the question for transferring all the legislative powers of the existing Congress to this assembly, there was also a unanimous affirmative, without debate.
On the proposition for giving legislative power in all cases to which the state legislatures were individually incompetent,—Mr. PINCKNEY and Mr. RUTLEDGE objected to the vagueness of the term "incompetent," and said they could not well decide how to vote until they should see an exact enumeration of the powers comprehended by this definition.
Mr. BUTLER repeated his fears that we were running into an extreme, in taking away the powers of the states, and called on Mr. Randolph for the extent of his meaning.
Mr. RANDOLPH disclaimed any intention to give indefinite powers to the national legislature, declaring that he was entirely opposed to such an inroad on the state jurisdictions, and that he did not think any considerations whatever could ever change his determination. His opinion was fixed on this point.
Mr. MADISON said, that he had brought with him into the Convention a strong bias in favor of an enumeration and definition of the powers necessary to be exercised by the national legislature, but had also brought doubts concerning its practicability. His wishes remained unaltered; but his doubts had become stronger. What his opinion might ultimately be, he could not yet tell. But he should shrink from nothing which should be found essential to such a form of government as would provide for the safety, liberty, and happiness of the community. This being the end of all our deliberations, all the necessary means for attaining it must, however reluctantly, be submitted to.
On the question for giving powers, in cases to which the states are not competent—
Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Connecticut, divided, (Sherman, no, Ellsworth, ay.)
The other clauses, giving powers necessary to preserve harmony among the states, to negative all state laws contravening, in the opinion of the national legislature, the Articles of Union, down to the last clause, (the words "or any treaties subsisting under the authority of the Union," being added after the words "contravening, &c. the articles of the Union," on motion of Dr. Franklin,) were agreed to without debate or dissent.
The last clause of the sixth resolution, authorizing an exertion of
