states, forming part of the same district with a large one, or a large part of a large one, would have no chance of gaining an appointment for its citizens of merit. Thirdly, a new source of discord would be opened between different parts of the same district.
Mr. PINCKNEY thought the second branch ought to be permanent and independent; and that the members of it would be rendered more so by receiving their appointments from the state legislatures. This mode would avoid the rivalships and discontents incident to the election by districts. He was for dividing the states in three classes, according to their respective sizes, and for allowing to the first class three members; to the second, two; and to the third, one.
On the question for postponing Mr. Dickinson's motion, referring the appointment of the Senate to the state legislatures, in order to consider Mr. Wilson's, for referring it to the people,—
Pennsylvania, ay, 1; Massachusetts, Connecticut, New York, New Jersey. Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 10.
Col. MASON. Whatever power may be necessary for the national government, a certain portion must necessarily be left with the states. It is impossible for one power to pervade the extreme parts of the United States, so as to carry equal justice to them. The state legislatures, also, ought to have some means of defending themselves against encroachments of the national government. In every other department, we have studiously endeavored to provide for its self-defence. Shall we leave the states alone unprovided with the means for this purpose? And what better means can we provide, than the giving them some share in, or rather to make them a constituent part of, the national establishment? There is danger on both sides, no doubt; but we have only seen the evils arising on the side of the state governments. Those on the other side remain to be displayed. The example of Congress does not apply. Congress had no power to carry their acts into execution, as the national government will have.
On Mr. DICKINSON'S motion for an appointment of the Senate by the state legislatures,—
Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 10.97
Mr. GERRY gave notice, that he would to-morrow move for a re-consideration of the mode of appointing the national executive, in order to substitute an appointment by the state executives.
The committee rose, and the House adjourned.
In Committee of the Whole.—On a reconsideration of the clause giving the national legislature a negative on such laws of the states as might be contrary to the Articles of Union, or treaties with foreign nations,—
Mr. PINCKNEY moved, "that the national legislature should have authority to negative all laws which they should judge to be
