On the question for giving powers, in cases to which the States are not competent,
[54]
Massts. ay. Cont. divd. (Sharman no Elseworth ay) N. Y. ay. N. J. ay. Pa. ay. Del. ay. Va. ay. N. C. ay, S. Carolina ay. Georga. ay. [Ayes — 9; noes — 0; divided — 1.]
The other clauses giving powers necessary to preserve harmony among the States 〈to negative all State laws contravening in the opinion of the Nat Leg the articles of Union down to the last clause, (the words “or any treaties subsisting under the authority of the Union”, being added after the words “contravening &c. the articles of the Union”; on motion of Dr. Franklin,〉
19 were agreed to witht. debate or dissent.
The 〈last〉 clause 〈of Resolution 6. authorizing〉 an exertion of the force of the whole agst. a delinquent State came next into consideration.
Mr. 〈Madison〉, observed that the more he reflected on the use of force, the more he doubted the practicability, the justice and the efficacy of it when applied to people collectively and not individually. — ,
A Union of the States 〈containing such an ingredient〉 seemed to provide for its own destruction. The use of force agst. a State, would look more like a declaration of war, than an infliction of punishment, and would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound. He hoped that such a system would be framed as might render this recourse unnecessary, and moved that the clause be postponed.20 This motion was agreed to nem. con.
