The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-08


Conspicuous among these was the motion made
by Rutledge on Aug. 10, that grand committee
be appointed 70 consider the necessity and expo
denoy Of the assumption OF all the State debts by
the United Stateo. He thought such an act would
be Just because tho debts were contracted In the
common defence King, Charles Pinckney and
Ellsworth favored the motion, while Sherman
thought IL would sufico 70 authorize the assump-
ton. King remarked that without some such
provision. tho State creditors, who constituted an
active and formidable party. would be opposed 10
a plan which transferred TO tho Union the best
resources OF the States. He also suggested that
all Indicated lands belonging to particular States
ought TO DO given UP TO the Union II the State
debts were 10 DO assumed. Rutedge's motion
was at FIRST carried by six ayes 70 four noes and,
on Aug FL Livingston made report from the
committee recommending the adoption OF the fol-
lowing provision: The Legislature OF the United
States shall have power TO fulfil the eng fragments
which have been entered into by Congress, and
70 discharge we'll the debts OF the United States
tho debts incurred by tho several States during
the lato war for the common defence and general
welfare" When this clause taken up, how
ever, on Aug 20, the portion relating TO the State
debts TO have been silently allowed to lapse
without any vote discussion Another inter
esing proposal was one relating To Federal uni
versity. Charles Pinckney's speeches show that
his draft OF constitution conferred the general
Government the power to establish such an insti-
tuition, and on Aug 49, he introduced into the
Convention certain resolutions among which was
ono TO establish seminares for the promotion OF
literature and the arts and sciences" On the
same day, Madison introduced some resolutions
among which proposal 10 empower Con-
gress ito establish university" These recon-
mendations were referred to the Committee on De-
tail. but no report upon them was made. On
Sept H. during the comparison by the Conven-
ton Of the report Of the Committee on Style with
the articles previously agreed upon. Madison and
Charles Pinckney again moved TO insert in the
list Of powers to be vested in Congress a power
ito establish university in which preferences
or distinctions should be allowed on account OF
religion" Wilson supported the motion. but Cow
erneur Morris said that il was unnecessary; that
the exclusive power at the seat Of government
would reach the object The motion was lost by
four ayes TO six noes.
Another defeated proposal was rightly viewed
with profound apprehension by the champions
OF State rights. Repeated efforts were made in
the Convention v confer on the General Govern
ment the power to negative State laws. Indeed.
some months before the Convention met Madison,
who was Of the strongest supporters of this
power. wrote 10 two OF his correspondents in ad-
also strongly in favor Of 1t, and his speeches show
that his draft OF constitution gave to Congress
negative upon all such legislation Of each State
as 10 the Federal Legislature should seem i'm.
proper The sixth resolution OF the Virginia Plan
also proposed TO confer power upon the atonal
Legislature TO negative all laws passed by the
several States contravening in the opinion OF the
National Legislature, the articles Of Union, or any
treaty subsist!ng under tho authority OF the
Union" This proposal actually approved
by the Convention on May 81. On June 8 Charles
Pinckney and Madison moved TO insert ito mega
tive all laws which to them shall appear
improper" instead Of the language which
had been adopted. There was some memoir
able debate upon the power OF control left
to the States and their anticipated tendency
TO encroach upon the Federal Government but the
motion was lost On July II the subject was
taken up again. and. after short discussion, the
power TO negative State laws was stricken out
Gouverneur Morris opposed 10 con-
ferrng such q power, believing that II
would disgust tho States whereas Mad
ison thought II essential On Aug. 49,
Charles Pinckney again brought up the subject
and moved to confer upon Congress a power 80
negative all laws passed by the several States
interfering in tho opinion Of the Federal Legisla
ture with tho general interests and harmony OF
the Union. provided that twothirds of the mem
bers Of each House assent to the same" Madison,
Wilson and others supported the motion. but some
were strongly against it Rutledge said II would
certainly damn tho Constitution. and Mason
wanted to know how II was to be carried out as
no road nor bridge" he asked. to be established
without the sanction of the General Legislature
Is this 10 sit constantly In order TO receive and
revise tho State laws?" Gouveneur Morris did not
see either the utility practicabty OF the notion
but wanted IL referred 10 a committee. A motion
to commit having been defeated, Pinckney with
drew his proposal. On Sept IL, after the report
from the Committee encouragement and Style ad
been received Madison az expressed his opinion
that a negative ON State laws was necessary,
but said this had been overuled. He made no
motion, however and the subject was dropped.
v.
Few people arc aware how nearly tho office OF
Secretary OF tho Treasury came to being complete
ly independent Of the Executive. The power ito
appoint a Treasurer by ballot" was contained
among the powers conferred on Congress by tho
Constitution until quite late in the Convention s
proceedings 1t originated in the Committee on
Details. and Randolph's draft contained a mar
ginal insertion by Rutledgo among the Legislative
powers "of tho power to appoint q Treas
urer by ballot" The same clause was also in
cludod among the powers OF Inc Legislature OF the
United States in the draft OF Aug. reported from
the committee. When this camc up before the
Convention on Aug. II Read wanted TO strike II
out so as TO leave the appointment Of tho Treas
urer to the Executive; but his motion did
not como to a vote On Gorham's motion the
clause was changed so as 10 read by Joint ballot,
and was then agreed 10. 1t was later referred to
the Committee on Style, and they reported 1t a
part OF the first clause Of Section g. Article L. but
! during the comparison OF the report OF the Com
mittee on Style with the articles agreed on Rut-
| ledge, who had changed his mind. moved
on Sept IA TO strike out the provision
and leave the Treasurer to be appointed as were
other officers, and Gouverncur Morris and Charles
| Cotesworth Pinckney supported him. Gorham,
| King and Sherman opposed the motion, and
thought that, as the people were used to electlng
treasurers, the designation Of such officers by the
| Executive would have q mschievous tendency.
| The motion TO strike out the provision was car
| ried by eight yeas 10 three nays. Also over
| looked Is the narowness by which VIC escaped
! the insertion in The Constitution oT n u