Mr. GERRY moved, "that the committee be instructed to report proper qualifications for the President, and a mode of trying the supreme judges in cases of impeachment."
The clause, "to call forth the aid of the militia," &c., was postponed till report should be made as to the power over the militia, referred yesterday to the grand committee of eleven.
Mr. MASON moved to enable Congress "to enact sumptuary laws." No' government can be maintained unless the manners be made consonant to it. Such a discretionary power may do good, and can do no harm. A proper regulation of excises and of trade, may do a great deal; but it is best to have an express provision. It was objected to sumptuary laws, that they are contrary to nature. This was a vulgar error. The love of distinction, it is true, is natural; but the object of sumptuary laws is not to extinguish this principle, but to give it a proper direction.
Mr. ELLSWORTH. The best remedy is to enforce taxes and debts. As far as the regulation of eating and drinking can be reasonable, it is provided for in the power of taxation.
Mr. GOUVERNEUR MORRIS argued that sumptuary laws tended to create a landed nobility, by fixing in the great landholders, and heir posterity, their present possessions.
Mr. GERRY The law of necessity is the best sumptuary law.
On the motion of Mr. Mason as to "sumptuary laws,"—
Delaware, Maryland, Georgia, ay, 3; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, no, 8.
On the clause, "and to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the government of the United States, or any department or officer thereof,"—
Mr. MADISON and Mr. PINCKNEY moved to insert, between "laws" and "necessary," "and establish all offices;" it appearing to them liable to cavil, that the latter was not included in the former.
Mr. GOUVERNEUR MORRIS, Mr. WILSON, Mr. RUTLEDGE, and Mr. ELLSWORTH, urged that the amendment could not be necessary.
On the motion for inserting, "and establish all offices,"—
Massachusetts, Maryland, ay, 2; New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, no, 9.
The clause as reported was then agreed to, nem. con.
Article 7, sect. 2, concerning treason, was then taken up.
Mr. MADISON thought the definition too narrow. It did not appear to go as far as the statute of Edward III. He did not see why more latitude might not be left to the legislature. It would be as safe as in the hands of state legislatures; and it was inconvenient to oar a discretion which experience might enlighten, and which might be applied to good purposes, as well as be abused.
Mr. MASON was for pursuing the statute of Edward III.
Mr. GOUVERNEUR MORRIS was for giving to the Union an
