Founding America (Barnes & Noble Classics) - Jack N. Rakove [212]
XX [XIX]
The members of the Legislatures, and the Executive and Judicial officers of the United States, and of the several States, shall be bound by oath to support this Constitution.
XXI [XX]
The ratifications of the Conventions of__ States shall be sufficient for organizing this Constitution.
XXII [XXI]
This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention, that it should be afterwards submitted to a Convention chosen, under the recommendation of its legislature, in order to receive the ratification of such Convention.
XXIII [XXII]
To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Conventions of__ States, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution ; that after such publication, the Legislatures of the several States should elect members of the Senate, and direct the election of members of the House of Representatives; and that the members of the Legislature should meet at the time and place assigned by Congress, and should, as soon as may be, after their meeting, choose the President of the United States, and proceed to execute this Constitution.
[A motion was made to adjourn till Wednesday, in order to give leisure to examine the Report; which passed in the Negative—N. H. no. Mas. no. Ct. no. Pa. ay. Md. ay. Virg. ay. N. C. no. S. C. no
The House then adjourned till tomorrow 11 OC.]
DEBATE ON WAR POWER
AUGUST 17, 1787
“To make war”
MR PINKNEY56 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 depositary, being more acquainted with foreign affairs, and most capable of proper resolutions. If the States are equally represented in Senate, so as to give no advantage to 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.
Mr Butler.57 The Objections agst the Legislature lie in a great degree agst the Senate. He was for vesting the power in the President, who will have all the requisite qualities, and will not make war but when the Nation will support it.
Mr. M[adison]and Mr Gerry moved to insert “declare,” striking out “make” war; leaving to the Executive the power to repel sudden attacks.
Mr Sharman58 thought it stood very well. The Executive shd. be able to repel and not to commence war. “Make” better than “declare” the latter narrowing the power too much.
Mr Gerry never expected to hear in a republic a motion to empower the Executive alone to declare war.
Mr. Elseworth. there is a material difference between the cases of making war, and making peace. It shd. be more easy to get out of war, than into it. War also is a simple and overt declaration. peace attended with intricate & secret negociations.
Mr. Mason59 was agst giving the power of war to the Executive, because not (safely) to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging rather than facilitating war; but for facilitating peace. He preferred “declare” to “Make”
On the Motion to insert declare—in place of Make, [it was agreed to.]
N. H. no. Mas. abst. Cont. no.60 Pa. ay Del. ay. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes—7; noes-2; absent-1.]
Mr. Pinkney’s motion to strike out whole clause, disagd. to without call of States.
Mr Butler moved to give the Legislature power of peace, as they were to have that of war.
Mr Gerry