Mr. GOUVERNEUR MORRIS moved to postpone this, in order to take up the following:—
"The legislature shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States, and nothing in this Constitution contained shall be so construed as to prejudice any claims, either of the United States or of any particular state."
The postponement agreed to, nem. con.
Mr. L. MARTIN moved to amend the proposition of Mr. Gouverneur Morris, by adding,—
"But all such claims may be examined into, and decided upon, by the Supreme Court of the United States."
Mr. GOUVERNEUR MORRIS. This is unnecessary, as all suits to which the United States are parties are already to be decided by the Supreme Court.
Mr. L. MARTIN. It is proper, in order to remove all doubts on this point.
On the question on Mr. L. Martin's amendatory motion,—
New Jersey, Maryland, ay, 2; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, no, 6.
States not further called, the negatives being sufficient, and the point being given up.245
The motion of Mr. Gouverneur Morris was then agreed to, Maryland alone dissenting.
Article 18 being taken up, the word "foreign" was struck out, nem. con., as superfluous, being implied in the term "invasion."
Mr. DICKINSON moved to strike out "on the application of its legislature, against," He thought it of essential importance to the tranquillity of the United States, that they should in all cases suppress domestic violence, which may proceed from the state legislature itself, or from disputes between the two branches, where such exist.
Mr. DAYTON mentioned the conduct of Rhode Island, as showing the necessity of giving latitude to the power of the United States on this subject.
On the question,—
New Jersey, Pennsylvania, Delaware, ay, 3; New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 8.
On a question for striking out "domestic violence," and inserting "insurrections," it passed in the negative.
New Jersey, Virginia, North Carolina, South Carolina, Georgia, ay, 5; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, no, 6.
Mr. DICKINSON moved to insert the words, "or executive," after the words, "application of its legislature." The occasion itself, he remarked, might hinder the legislature from meeting.
On this question,—
New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, ay, 8; Massachusetts, Virginia, no, 2; Maryland, divided.
Mr. L. MARTIN moved to subjoin to the last amendment the words, "in the recess of the legislature." On which question, Maryland only, ay.
vol. v.63
