wit, that a law of a state contrary to the Articles of the Union would, if not negatived, be valid and operative.
Mr. PINCKNEY 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.
Massachusetts, Virginia, North Carolina, ay, 3; Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, no, 7.
Mr. L. MARTIN moved the following resolution:—
"That the legislative acts of the United States, made by virtue and in pursuance of the Articles of Union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states, as far as those acts or treaties shall relate to the said states, or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the respective laws of the individual states to the contrary notwithstanding."
Which was agreed to, nem. con.
The ninth resolution being taken up, the first clause, "that a national executive be instituted, to consist of a single person," was agreed to, nem. con.
The next clause, "to be chosen by the national legislature," being considered,—
Mr. GOUVERNEUR MORRIS was pointedly against his being so chosen. He will be the mere creature of the legislature, if appointed and impeachable by that body. He ought to be elected by the people at large—by the freeholders of the country. That difficulties attend this mode, he admits; but they have been found superable in New York and in Connecticut, and would, he believed, be found so in the case of an executive for the United States. If the people should elect, they will never fail to prefer some man of distinguished character or services; some man, if he might so speak, of Continental reputation. If the legislature elect, it will be the work of intrigue, of cabal, and of faction; it will be like the election of a pope by a conclave of cardinals; real merit will rarely be the title to the appointment. He moved to strike out "national legislature," and insert "citizens of the United States."
Mr. SHERMAN thought that the sense of the nation would be better expressed by the legislature than by the people at large. The latter will never be sufficiently informed of characters, and, besides, will never give a majority of votes to any one man. They will generally vote for some man in their own state, and the largest state will have the best chance for the appointment. If the choice be made by the legislature, a majority of voices may be made necessary to constitute an election.
Mr. WILSON. Two arguments have been urged against an election of the executive magistrate by the people. The first is, the example of Poland, where an election of the supreme magistrate is attended with the most dangerous commotions. The cases, he observed, were totally dissimilar. The Polish nobles have resources
