Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. MADISON.--Form, sir, is always of less importance than the
substance; but on this occasion, I admit that form is of some
consequence, and it will be well for the House to pursue that which,
upon reflection, shall appear to be the most eligible. Now it appears to
me, that there is a neatness and propriety in incorporating the
amendments into the constitution itself; in that case the system will
remain uniform and entire; it will certainly be more simple, when the
amendments are interwoven into those parts to which they naturally
belong, than it will if they consist of separate and distinct parts. We
shall then be able to determine its meaning without references or
comparison; whereas, if they are supplementary, its meaning can only be
ascertained by a comparison of the two instruments, which will be a very
considerable embarrassment. It will be difficult to ascertain to what
parts of the instrument the amendments particularly refer; they will
create unfavorable comparisons; whereas, if they are placed upon the
footing here proposed, they will stand upon as good foundation as the
original work.
Nor is it so uncommon a thing as gentlemen suppose; systematic men
frequently take up the whole law, and, with its amendments and
alterations, reduce it into one act. I am not, however, very solicitous
about the form, provided the business is but well completed.
Mr. SMITH did not think the amendment proposed by the honorable
gentleman from Connecticut was compatible with the constitution, which
declared, that the amendments recommended by Congress, and ratified by
the Legislatures of three-fourths of the several States, should be part
of this constitution; in which case it would form one complete system;
but according to the idea of the amendment, the instrument is to have
five or six suits of improvements. Such a mode seems more calculated to
embarrass the people than any thing else, while nothing in his opinion
was a juster cause of complaint than the difficulties of knowing the
law, arising from legislative obscurities that might easily be avoided.
He said, that it had certainly been the custom in several of the State
Governments, to amend their laws by way of supplement. But South
Carolina had been an instance of the contrary practice, in revising the
old code; instead of making acts in addition to acts, which is always
attended with perplexity, she has incorporated them, and brought them
forward as a complete system, repealing the old. This is what he
understood was intended to be done by the committee; the present copy of
the constitution was to be done away, and a new one substituted in its
stead.
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