Mr. SHERMAN took notice that the states might want their militia for defence against invasions and insurrections, and for enforcing obedience to their laws. They will not give up this point. In giving up that of taxation, they retain a concurrent power of raising money for their own use.
Mr. GERRY thought this the last point remaining to be surrendered. If it be agreed to by the Convention, the plan will have as black a mark as was set on Cain. He had no such confidence in the general government as some gentlemen possessed, and believed it would be found that the states have not.
Col. MASON thought there was great weight in the remarks of Mr. Sherman, and moved an exception to his motion, "of such part of the militia as might be required by the states for their own use."
Mr. READ doubted the propriety of leaving the appointment of the militia officers to the states. In some states they are elected by the legislatures; in others, by the people themselves. He thought at least an appointment by the state executives ought to be insisted on.
On the question for committing to the grand committee, last appointed, the latter motion of Col. Mason, and the original one revived by Gen. Pinckney,—
New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 8; Connecticut, New Jersey, no, 2; Maryland, divided.219
Adjourned.
Monday, August 20.
In Convention.—Mr. PINCKNEY submitted to the House, in order to be referred to the committee of detail, the following propositions:—
"Each House shall be the judge of its own privileges, and shall have authority to punish by imprisonment every person violating the same, or who, in the place where the legislature may be sitting, and during the time of its session, shall threaten any of its members for any thing said or done in the House ; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend either of the Houses, in his way going or returning; or who shall rescue any person arrested by their order.
"Each branch of the legislature, as well as the supreme executive, shall have authority to require the opinions of the Supreme Judicial Court upon important questions of law, and upon solemn occasions.
"The privileges and benefit of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding ——— months.
"The liberty of the press shall be inviolably preserved.
"No troops shall be kept up in time of peace, but by consent of the legislature.
"The military shall always be subordinate to the civil power; and no grants of money shall be made by the legislature, for supporting military laud forces, for more than one year at a time.
"No soldier shall be quartered in any house, in time of peace, without consent of the owner.
"No person holding the office of President of the United States, a judge of their Supreme Court, secretary for the department of foreign affairs, of finance, of marine, of war, or of ———, shall be capable of holding, at the same time, any other office of trust or emolument, under the United States, or an individual state.
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