If the people approve of it, it becomes their act. Is not this merely a dispute about words, without any meaning what ever? Suppose any gentleman of this Convention had drawn up this government, and we thought it a good one; we might respect his intelligence and integrity, but it would not be binding upon us. We might adopt it if we thought it a proper system, and then it would be our act. Suppose it had been made by our enemies, or had dropped from the clouds; we might adopt it if we found it proper for our adoption. By whatever means we found it, it would be our act as soon as we adopted it. It is no more than a blank till it be adopted by the people. When that is done here, is it not the people of the state of North Carolina that do it, joined with the people of the other states who have adopted it? The expression is, then, right. But the gentleman has gone farther, and says that the people of New England are different from us. This goes against the Union altogether. They are not to legislate for us; we are to be represented as well as they. Such a futile objection strikes at all union. We know that without union we should not have been debating now. I hope to hear no more objections of this trifling nature, but that we shall enter into the spirit of the subject at once.

Mr. CALDWELL observed, that he only wished to know why they had assumed the name of the people.

the

Mr. JAMES GALLOWAY. Mr. Chairman, I trust we shall not take up more time on this point. I shall just make a few remarks on what has been said by the gentleman from Halifax. He has gone through our distresses, and those of the other states. As to the weakness of the Confederation, we all know it. A sense of this induced the different states to send delegates to Philadelphia. They had given them certain powers; we have seen them, they are now upon table. The result of their deliberations is now upon the table also. As they have gone out of the line which the states pointed out to them, we, the people, are to take it up and consider it. The gentlemen who framed it have exceeded their powers, and very far. They will be able, perhaps, to give reasons for so doing. If they can show us any reasons, we will, no doubt, take notice of them. But, on the other hand, if our civil and religious liberties are not secured, and proper checks provided, we have the p ́wer in

3

our own hands to do with it as we think proper. I hope gentlemen will permit us to proceed.

The clerk then read the 1st section of the 1st article.

Mr. CALDWELL. Mr. Chairman, I am sorry to be objecting, but I apprehend that all the legislative powers granted by this Constitution are not vested in a Congress consisting of the Senate and the House of Representatives, because the Vice-President has a right to put a check on it. This is known to every gentleman in the Convention. How can all the legislative powers granted in that Constitution be vested in the Congress, if the Vice-President is to have a vote in case the Senate is equally divided? I ask for information, how it came to be expressed in this manner, when this power is given to the Vice-President.

Mr. MACLAINE declared, that he did not know what the gentleman meant.

Mr. CALDWELL said, that the Vice-President is made a part of the legislative body, although there was an express declaration, that all the legislative powers were vested in the Senate and House of Representatives, and that he would be glad to know how these things consisted together.

Mr. MACLAINE expressed great astonishment at the gentleman's criticism. He observed, that the Vice-President had only a casting vote in case of an equal division in the Senate that a provision of this kind was to be found in all deliberative bodies that it was highly useful and expedient that it was by no means of the nature of a check. which impedes or arrests, but calculated to prevent the operation of the government from being impeded — that, if the gentleman could show any legislative power to be given to any but the two houses of Congress, his objection would be worthy of notice.

Some other gentlemen said, they were dissatisfied with Mr. Maclaine's explanation that the Vice-President was not a member of the Senate, but an officer of the United States, and yet had a legislative power, and that it appeared to them inconsistent that it would have been more proper to have given the casting vote to the President.

His excellency, Gov. JOHNSTON, added to Mr. Maclaine's reasoning, that it appeared to him a very good and proper regulation-that, if one of the Senate was to be appointed Vice-President, the state which he represented would

either lose a vote if he was not permitted to vote on every occasion, or if he was, he might, in some instances, have two votes that the President was already possessed of the power of preventing the passage of a law by a bare majority; yet laws were said not to be made by the President, but by the two houses of Congress exclusively.

He,

Mr. LENOIR. Mr. Chairman, I have a greater objection on this ground than that which has just been mentioned. I mean, sir, the legislative power given to the President himself. It may be admired by some, but not by me. sir, with the Senate, is to make treaties, which are to be the supreme law of the land. This is a legislative power given to the President, and implies a contradiction to that part which says that all legislative power is vested in the two houses.

Mr. SPAIGHT answered, that it was thought better to put that power into the hands of the senators as representatives of the states that thereby the interest of every state was equally attended to in the formation of treaties but that it was not considered as a legislative act

at all.

Mr. IREDELL. Mr. Chairman, this is an objection against the inaccuracy of the sentence. of the sentence. I humbly conceive it will appear accurate on a due attention. After a bill is passed by both houses, it is to be shown to the President. Within a certain time, he is to return it. If he disapproves of it, he is to state his objections in writing; and it depends on Congress afterwards to say whether it shall be a law or not. Now, sir, I humbly apprehend that, whether a law passes by a bare majority, or by two thirds, (which are required to concur after he shall have stated objections,) what gives active operation to it is, the will of the senators and representatives. The President has no power of legislation. If he does not object, the law passes by a bare majority; and if he objects, it passes by two thirds. His power extends only to cause it to be reconsidered, which secures a greater probability of its being good. As to his power with respect to treaties, I shall offer my sentiments on it when we come properly to it.

Mr. MACLAINE intimated, that if any gentleman was out of order,* it was the gentleman from Wilkes (Mr. Le

Something had been said about order, which was not distinctly heard

noir) that treaties were the supreme law of the land in all countries, for the most obvious reasons that laws, or legislative acts, operated upon individuals, but that treaties acted upon states-that, unless they were the supreme law of the land, they could have no validity at all-that the President did not act in this case as a legislator, but rather in his executive capacity.

Mr. LENOIR replied that he wished to be conformable to the rules of the house; but he still thought the President was possessed of legislative powers, while he could make treaties, joined with the Senate.

Mr. IREDELL. Mr. Chairman, I think the gentleman is in order. When treaties are made, they become as valid as legislative acts. I apprehend that every act of the government, legislative, executive, or judicial, if in pursuance of a constitutional power, is the law of the land. These different acts become the acts of the state by the instrumentality of its officers. When, for instance, the governor of this state grants a pardon, it becomes the law of the land, and is valid. Every thing is the law of the land, let it come from what power it will, provided it be consistent with the Constitution.

Mr. LENOIR answered, that that comparison did not hold.

Mr. IREDELL continued. If the governor grants a pardon, it becomes a law of the land. Why? Because he has power to grant pardons by the Constitution. Suppose this Constitution is adopted, and a treaty made; that treaty is the law of the land. Why? Because the Constitution grants the power of making treaties.

Several members expressed dissatisfaction at the inconsistency (as they conceived it) of the expressions, when

Mr. JAMES GALLOWAY observed, that their observations would be made more properly when they come to that clause which gave the casting vote to the Vice-President, and the qualified negative to the President.

The first three clauses of the 2d section read.

Mr. MACLAINE. Mr. Chairman, as many objections have been made to biennial elections, it will be necessary to obviate them. I beg leave to state their superiority to annual elections. Our elections have been annual for some years. People are apt to be attached to old customs. An

nual elections may be proper in our state governments, but not in the general government. The seat of government is at a considerable distance; and in case of a disputed election it would be so long before it could be settled, that the state would be totally without representation. There is another reason, still more cogent, to induce us to prefer biennial to annual elections. The objects of state legislation are narrow and confined, and a short time will render a man sufficiently acquainted with them; but those of the general government are infinitely more extensive, and require a much longer time to comprehend them. The representatives to the general government must be acquainted not only with the internal situation and circumstances of the United States, but also with the state of our commerce with foreign nations, and our relative situation to those nations. They must know the relative situation of those nations to one another, and be able to judge with which of them, and in what manner, our commerce should be regulated. These are good reasons to extend the time of elections to two years. I believe you remember, and perhaps every member here remembers, that this country was very happy under biennial elections. In North Carolina, the representatives were formerly chosen by ballot biennially. It was changed under the royal government, and the mode pointed out by the king. Notwithstanding the contest for annual elections, perhaps biennial elections would still be better for this country. Our laws would certainly be less fluctuating.

Mr. SHEPPERD observed, that he could see no propriety in the friends of the new system making objections, when none were urged by its opposers; that it was very uncommon for a man to make objections and answer them himself; and that it would take an immense time to mention every objection which had been mentioned in the country.

Mr. MACLAINE. It is determined already by the Convention to debate the Constitution section by section. Are we then to read it only? Suppose the whole of it is to be passed over without saying any thing; will not that amount to a dead vote? Sir, I am a member of this Convention; and if objections are made here, I will answer them to the hest of my ability. If I see gentlemen pass by in silence such parts as they vehemently decry out of doors, or such