M^r Govern^r Morris, moved to reconsider the whole Resolution agreed to
yesterday concerning the constitution of the 2 branches of the
Legislature. His object was to bring the House to a consideration in the
abstract of the powers necessary to be vested in the general Government.
It had been said, Let us know how the Gov^t is to be modelled, and then
we can determine what powers can be properly given to it. He thought the
most eligible course was, first to determine on the necessary powers,
and then so to modify the Govern^t as that it might be justly & properly
enabled to administer them. He feared if we proceeded to a consideration
of the powers, whilst the vote of yesterday including an equality of the
States in the 2^d branch, remained in force, a reference to it, either
mental or expressed, would mix itself with the merits of every question
concerning the powers.--This motion was not seconded. (It was probably
approved by several members who either despaired of success, or were
apprehensive that the attempt would inflame the jealousies of the
smaller States.)
The 6^{th} Resol^n in the Report of the Com^e of the Whole relating to
the powers, which had been postponed in order to consider the 7 & 8^{th}
relating to the constitution of the Nat^l Legislature, was now resumed.
M^r Sherman observed that it would be difficult to draw the line between
the powers of the Gen^l Legislature, and those to be left with the
States; that he did not like the definition contained in the Resolution,
and proposed in place of the words "individual legislation" line 4.
inclusive, to insert "to make laws binding on the people of the United
States in all cases which may concern the common interests of the Union;
but not to interfere with the Government of the individual States in any
matters of internal police which respect the Gov^t of such States only,
and wherein the general welfare of the U. States is not concerned."
M^r Wilson 2^{ded} the amendment as better expressing the general
principle.
M^r Gov^r Morris opposed it. The internal police, as it would be called
& understood by the States ought to be infringed in many cases, as in
the case of paper money & other tricks by which Citizens of other States
may be affected.
M^r Sherman, in explanation of his idea read an enumeration of powers,
including the power of levying taxes on trade, but not the power of
_direct taxation_.
M^r Gov^r Morris remarked the omission, and inferred that for the
deficiencies of taxes on consumption, it must have been the meaning of
Mr. Sherman, that the Gen^l Gov^t should recur to quotas & requisitions,
which are subversive of the idea of Gov^t.
M^r Sherman acknowledged that his enumeration did not include direct
taxation. Some provision he supposed must be made for supplying the
deficiency of other taxation, but he had not formed any.