the states to elect the legislature, [Here Mr. H. produced his plan. See p. 179,] to consist of two branches; and I would give them the unlimited power of passing all laws without exception. The Assembly to be elected for three years, by the people, in districts; the Senate to be elected by electors to be chosen for that purpose by the people, and to remain in office during life. The executive to have the power of negativing all laws; to make war or peace, with the advice of the Senate; to make treaties with their advice, but to have the sole direction of all military operations; and to send ambassadors, and appoint all military officers, and to pardon all offenders, treason excepted, unless by advice of the Senate. On his death or removal, the president of the Senate to officiate, with the same powers, until another is elected. Supreme judicial officers to be appointed by the executive and the Senate. The legislature to appoint courts in each state, so as to make the state governments unnecessary to it.
All state laws to be absolutely void which contravene the general laws. An officer to be appointed in each state to have a negative on all state laws. All the militia, and the appointment of officers, to be under the national government.
I confess that this plan, and that from Virginia, are very remote from the idea of the people. Perhaps the Jersey plan is nearest their expectation. But the people are gradually ripening in their opinions of government—they begin to be tired of an excess of democracy—and what even is the Virginia plan, but pork still, with a little change of the sauce?
Then adjourned to to-morrow.
Met pursuant to adjournment. Present, eleven states.
On the consideration of the 1st resolve of the Jersey plan.
Mr. MADISON. This is an important question. Many persons scruple the powers of the Convention. If this remark had any weight, it is equally applicable to the adoption of either plan. The difference of drawing the powers in the one from the people, and in the other from the states, does not affect the powers. There are two states in the Union where the members of Congress are chosen by the people. A new government must be made. Our all is depending on it; and if we have but a clause that the people
