Page:Cambridge Modern History Volume 7.djvu/308

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276 Sixth resolution. Enumeration of powers. [i787 draft Constitution of August 6, and without further discussion into the Constitution. There it appears in the first part of Article I, section 3. (6) POWERS OF CONGRESS. The sixth of the Randolph resolutions, as originally laid before the Convention, declared that each branch of the national legislature ought to have the right to originate Acts ; that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases for which the separate States were incompetent, or in which the harmony of the United States might be interrupted by the exercise of individual (i.e. State) legislation ; to negative all laws passed by the several States contravening, in the opinion of the national legislature, the Articles of Union or any treaty subsisting under authority of the Union ; and to call forth the force of the Union against any member of the same failing to fulfil its duty under the said articles. This came up in committee on May 31. The whole resolution, excepting the last clause, was speedily adopted, the only debate arising upon the word " incompetent " in the second clause. The word was thought by some to be too vague ; the powers of the States were left in doubt by it. The real question was, whether or not there should be an enumeration of the powers of the general govern- ment. Madison had come to the Convention with a strong feeling in favour of enumeration and definition ; but he had also brought doubts whether the idea was practicable. His wishes remained unchanged ; but his doubts had grown stronger ; what he might think later he knew not. He would not shrink from anything which might be found necessary to a form of government which would provide for the safety, liberty, and happiness of the country. All means necessary to that end must be granted, however reluctantly. In regard to the last clause, providing for the coercion of States, Madison looked upon the proposal with disfavour. A union of States containing such an ingredient would provide for its own destruction. To use force against a State would look more like a declaration of war against it than like punishment for disobedience, and would be apt to be taken as a dissolution of the bond by which it was bound to the Union. The clause was postponed and finally dropped; the rest of the Randolph resolution was reported to the Convention. The question in regard to the word " incompetent " was now renewed ; indeed the whole clause containing the word was objected to for vague- ness. Accordingly, as a substitute for it, down to the words " individual legislation" inclusive, Sherman moved the following: "to make laws binding on the people of the United States in all cases which may concern the common interests o the Union, but not to interfere with the