RECOILDS OF THE FEDERAL CONVENTION 503 Tuesday McHENRY September 4 Mr. Randolph & Mr. Madison expressed doubts as to the propriety of giving such a powers & wished for a postpone- ment. Mr Govt. Morris thought it so plain a ease that no post- ponement could be necessary. Mr. Wilson thought the power involved, and the express insertion of it needless. It might beget doubts as to the power of other public bodies, as Courts &c. Every Court is the judge of its own privileges. Mr Madison distinguished between the power of Judging of privileges previously & duly established, and the effect of the motion which would give a discretion to each House as to the extent of its own privileges. He suggested that it would be better to make provision for ascertaining by Iago, the privi- leges of each House, than to allow each House to decide for itself. He suggested also the necessity of considering what privileges ought to be allowed to the Executive. Adjourned ?7 McHENRY Sepr. 3. and 4 Employed chiefly by the committee. Agreed on report of the corn. that the I clause of the I sect. of the 7 art. read vz. "The legislature shall have power to lay and collect taxes duties imposts and excises, to pay the debts and pro- vide for the common defence and general welfare of the U. $2' Also to add at the end of the 2 clause of the I sect of the 7 art. "and with the Indian tribes." + Took up in the report "in the place of the 9 art. ? sec. m"The senate of the U.S. shall have power to try all impeachments but no person shall be convicted without the concurrence of ? of the members present. postponed. The committee report in part as follows Is . x? See Appendix A, CI, CII. ? The rest of the report is like that in Madison, (except in the one instance noted above, see note lz), and is accordingly omitted here.
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