Mr Gerry gave notice that he wd tomorrow move for a reconsideration of the mode of appointing the Natl Executive in order to substitute an appointmt by the State Executives.
The Committee rose & The House adjd.
Friday June 8th In Committee of the Whole.
On a reconsideration of the clause giving the Natl Legislature a negative on such laws of the States as might be contrary to the articles of Union, or Treaties with foreign nations,
Mr Pinkney moved "that the National Legislature shd have authority to negative all laws which they shd judge to be improper." He urged that such a universality of the power was indispensably necessary to render it effectual; that the States must be kept in due subordination to the nation; that if the States were left to act of themselves in any case, it wd be impossible to defend the national prerogatives, however extensive they might be on paper; that the acts of Congress had been defeated by this means; nor had foreign treaties escaped repeated violations: that this universal negative was in fact the corner stone of an efficient national Govt; that under the British Govt the negative of the Crown had been found beneficial, and the States are more one nation now, than the Colonies were then.
Mr Madison seconded the motion. He could not but regard an indefinite power to negative legislative acts of the States as absolutely necessary to a perfect System. Experience had evinced a constant tendency in the States to encroach on the federal authority; to violate national Treaties; to infringe the rights & interests of each other; to oppress the weaker party within their respective jurisdictions. A negative was the mildest expedient that could be devised for preventing these mischiefs. The existence of such a check would prevent attempts to commit them. Should no such precaution be engrafted, the only remedy wd lie in an appeal to coercion. Was such a remedy eligible? was it practicable? Could the national resources, if exerted to the utmost enforce a national decree agst Massts abetted perhaps by several of her neighbours? It wd not be possible. A small proportion of the Community, in a compact situation acting on the defensive, and at one of its extremities, might at any time bid defiance to the National authority. Any Govt for the U. States formed on the supposed practicability of using force agst the unconstitutional proceedings of the States, wd prove as visionary & fallacious as the Govt of Congs. The negative wd render the use of force unnecessary. The States cd of themselves pass no operative act, any more than one branch of a Legislature where there are two branches, can proceed without the other. But in order to give the negative this efficacy, it must extend to all cases. A discrimination wd only be a fresh source of contention between the two authorities. In a word, to recur to the illustrations borrowed from the planetary system. This prerogative of the General Govt, is the great pervading principle that must controul the centrifugal tendency of the States; which, without it, will continually fly out of their proper orbits and destroy the order & harmony of the political System.
Mr Williamson was agst giving a power that might restrain the States from regulating their internal police.
Mr Gerry cd not see the extent of such a power, and was agst every power that was not necessary. He thought a remonstrance agst unreasonable acts of the States wd reclaim them. If it shd not force might be resorted to. He had no objection to authorize a negative to paper money and similar measures. When the confederation was depending before Congress, Massachusetts was then for inserting the power of emitting paper money amg the exclusive powers of Congress. He observed that the proposed negative wd extend to the regulations of the Militia, a matter on which the existence of a State might depend. The Natl Legislature with such a power may enslave the States. Such an idea as this will never be acceded to. It has never been suggested or conceived among the people. No speculative projector, and there are eno' of that character among us, in politics as well as in other things, has in any pamphlet or newspaper thrown out the idea. The States too have different interests and are ignorant of each other's interests. The Negative therefore will be abused. New States too having separate views from the old States will never come into the Union. They may even be under some foreign influence; are they in such case to participate in the negative on the will of the other States?
Mr Sherman thought the cases in which the negative ought to be exercised, might be defined. He wished the point might not be decided till a trial at least shd be made for that purpose.