Volume II Part 24 (1/2)

On the motion to insert ”_declare_”--in place of ”_make_,” it was agreed to.

N.H. no. Ma.s.s, abs^t. Con^t no.[33] P^a ay. Del. ay. M^d ay.

V^a ay. N.C. ay. S.C. ay. Geo. ay.

[33] On the remark by M^r King that ”_make_” war might be understood to ”conduct” it which was an Executive function.

M^r Elsworth gave up his objection, and the vote of Con. was changed to _ay_.--Madison's Note.

M^r Pinkney's motion to strike out whole clause, disag^d to without call of States.

M^r Butler moved to give the Legislature the power of peace, as they were to have that of war.

M^r Gerry 2^{ds} him. 8 Senators may possibly exercise the power if vested in that body, and 14 if all should be present; and may consequently give up part of the U. States. The Senate are more liable to be corrupted by an Enemy than the whole Legislature.

On the motion for adding ”and peace” after ”war,”

N.H. no. Mas. no. C^t no. P^a no. Del. no. M^d no. V^a no.

N.C. no. S.C. no. Geo. no.

Adjourned.

SAt.u.r.dAY AUGUST 18. IN CONVENTION

M^r Madison submitted, in order to be referred to the Committee of detail the following powers as proper to be added to those of the General Legislature:

”To dispose of the unappropriated lands of the U. States.”

”To inst.i.tute temporary Governments for new States arising therein.”

”To regulate affairs with the Indians as well within as without the limits of the U. States.”

”To exercise exclusively Legislative authority at the seat of the General Government, and over a district around the same, not exceeding ---- square miles; the Consent of the Legislature of the State or States comprising the same, being first obtained.”

”To grant charters of incorporation in cases where the public good may require them, and the authority of a single State may be incompetent”

”To secure to literary authors their copy rights for a limited time.”

”To establish an University.”

”To encourage by premiums & provisions, the advancement of useful knowledge and discoveries.”

”To authorize the Executive to procure and hold for the use of the U. S. landed property for the erection of Forts, magazines, and other necessary buildings.”

These propositions were referred to the Committee of detail which had prepared the Report and at the same time the following which were moved by M^r Pinkney:--in both cases unanimously:

”To fix and permanently establish the seat of Government of the U. S. in which they shall possess the exclusive right of soil & jurisdiction.”

”To establish seminaries for the promotion of literature and the arts & sciences.”