RECORDS OF THE FEDERAL CONVENTION 17 Monday MADISON July ?6 sess) ? the Legislative Rights vested in Congs. by the Confedera- tion." (was) Agreed to nem. Con. (The next) "And moreover to legislate in all cases to which the separate States are incompetent; or in which the harmony of the U.S. may be interrupted by the exercise of individual legislation," {being) read for a question Mr. Butler calls for some explanation of the extent of this power; particularly of the word incompetent. The vagueness of the terms rendered it impossible for any precise judgment to be formed. Mr. Ghorum. The vagueness of the terms constitutes the propriety of them. We are now establishing general prin- ciples, to be extended hereafter into details which will be precise & explicit. Mr. Rutlidge, urged the objection started by Mr. Butler and moved that the clause should be committed to-the end that a specification of the powers comprised in the general terms, might be reported. On the question for a commitment, (the States were equally divided) Mss. no. Cont. ay. N.J. no. Pa. no. Del. no. Md. a�. Va. ay. N. C. no. S.C. ay. Geo. ay: So it was lost. [Ayes- 5; noes--5.] Mr. Randolph. The vote of this morning (involving an equality of suffrage in zd. branch) had embarrassed the busi- ness extremely. All the powers given in the Report from the Come. of the whole, were founded on the supposition that a Proportional representation was to prevail in both branches of the Legislature 4 When he came here this morning his pur- pose was to have offered some propositions that might if possible have united a great majority of votes, and particularly might provide agst. the danger suspected on the part of the smaller States, by enumerating the cases in which it might lie, and allowing an equality of votes in such cases.* But finding from the preceding vote that they persist in demand-
- (See the paper in appendix communicated by Mr. R. to ]. M., July IO.) 8
Revised from Jour?l. 6 See Appendix A, LVIII.
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