from large standing armies, it is best to prevent them by an effectual provision for a good militia.
On the question to agree to Mr. Madison's motion,—
New Hampshire, South Carolina, Georgia, (in the printed Journal, Georgia, no,) ay, 3; Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, no, 8.
On the question to agree to the "reserving to the states the appointment of the officers," it was agreed to, nem. con.
On the question on the clause,—
"and the authority of training the militia according to the discipline prescribed by the United States,"—
New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, North Carolina, ay, 7; Delaware, Virginia, South Carolina, Georgia, no, 4.
On the question to agree to article 7, sect. 7, as reported, it passed, nem. con.228
Mr. PINCKNEY urged the necessity of preserving foreign ministers, and other officers of the United States, independent of external influence; and moved to insert, after article 7, sect. 7, the clause following:—
"No person holding any office of trust or profit under the United States shall, without the consent of the legislature, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state,"—
which passed, nem. con.
Mr. RUTLEDGE moved to amend article 8, to read as follows:
"This Constitution, and the laws of the United States made in pursuance thereof, and all the treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges of the several states shall be bound thereby in their decisions, any thing in the constitutions or laws of the several states to the contrary notwithstanding,"
which was agreed to, nem. con.
Article 9 being next for consideration,—
Mr. GOUVERNEUR MORRIS argued against the appointment of officers by the Senate. He considered the body as too numerous for that purpose, as subject to cabal, and as devoid of responsibility. If judges were to be tried by the Senate, according to a late report of a committee, it was particularly wrong to let the Senate have the filling of vacancies which its own decrees were to create.
Mr. WILSON was of the same opinion, and for like reasons.
Article 9 being waived, and article 7, sect. 1, being resumed,—
Mr. GOUVERNEUR MORRIS moved to strike the following words out of the eighteenth clause, "enforce treaties," as being superfluous, since treaties were to be "laws,"—which was agreed to, nem. con.
Mr. GOUVERNEUR MORRIS moved to alter the first part of the eighteenth clause, so as to read,—
"to provide for calling forth the militia, to execute the laws of the Union, suppress insurrections, and repel invasions,"
which was agreed to, nem. con.
On the question, then, to agree to the eighteenth clause of article 7, sect 1, as amended, it. passed in the affirmative, nem. con.
