Mr Randolph. If the Natl Legislature is to judge whether the State legislature can or cannot meet, that amendment would make the clause as objectionable as the motion of Mr Pinkney.
Mr Govr Morris. We are acting a very strange part. We first form a strong man to protect us, and at the same time wish to tie his hands behind him. The legislature may surely be trusted with such a power to preserve the public tranquillity.
On the motion to add, "or without it (application) when the legislature cannot meet"
N.H. ay. Mass. no. Ct ay. Pa divd. Del. no. Md no. Va ay. N.C. divd. S. C. ay. Geo. ay. So agreed to.
Mr Madison and Mr Dickenson moved to insert as explanatory, after "State"–"against the Government thereof". There might be a rebellion agst the U. States–which was agreed to nem. con.
On the clause as amended
N.H. ay. Mass. [32] abst. Ct ay. Pen. abst. Del. no. Md no. Va ay. N.C. no. S.C. no. Georg. ay.–so it was lost.
[ [32] In the printed Journal, Mas. no.–Madison's Note.
"To make war"
Mr Pinkney opposed the vesting this power in the Legislature. Its proceedings were too slow. It wd meet but once a year, the Hs of Reps would be too numerous for such deliberations. The Senate would be the best depository, being more acquainted with foreign affairs, and most capable of proper resolutions. If the States are equally represented in the Senate, so as to give no advantage to the large States, the power will notwithstanding be safe, as the small have their all at stake in such cases as well as the large States. It would be singular for one authority to make war, and another peace.