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. LIVERMORE was clearly of opinion, that whatever amendments were
made to the constitution, they ought to stand separate from the original
instrument. We have no right, said he, to alter a clause, any otherwise
than by a new proposition. We have well-established precedents for such
a mode of procedure in the practice of the British Parliament, and the
State Legislatures throughout America. I do not mean, however, to assert
that there has been no instance of a repeal of the whole law on enacting
another; but this has generally taken place on account of the complexity
of the original, with its supplements. Were we a mere legislative body,
no doubt it might be warrantable in us to pursue a similar method; but
it is questionable whether it is possible for us, consistent with the
oath we have taken, to attempt a repeal of the constitution of the
United States, by making a new one to substitute in its place; the
reason of this is grounded on a very simple consideration. It is by
virtue of the present constitution, I presume, that we attempt to make
another; now, if we proceed to the repeal of this, I cannot see upon
what authority we shall erect another; if we destroy the base, the
superstructure falls of course. At some future day it may be asked upon
what authority we proceeded to raise and appropriate public moneys. We
suppose we do it in virtue of the present constitution; but it may be
doubted whether we have a right to exercise any of its authorities while
it is suspended, as it will certainly be from the time that two-thirds
of both Houses have agreed to submit it to the State Legislatures; so
that, unless we mean to destroy the whole constitution, we ought to be
careful how we attempt to amend it in the way proposed by the committee.
From hence, I presume it will be more prudent to adopt the mode proposed
by the gentleman from Connecticut, than it will be to risk the
destruction of the whole by proposing amendments in the manner
recommended by the committee.
Mr. VINING disliked a supplementary form, and said it was a bad reason
to urge the practice of former ages, when there was a more convenient
method of doing the business at hand. He had seen an act entitled an act
to amend a supplement to an act entitled an act for altering part of an
act entitled an act for certain purposes therein mentioned. If gentlemen
were disposed to run into such jargon in amending and altering the
constitution, he could not help it; but he trusted they would adopt a
plainness and simplicity of style on this and every other occasion,
which should be easily understood. If the mode proposed by the gentleman
from Connecticut was adopted, the system would be distorted, and, like a
careless written letter, have more attached to it in a postscript than
was contained in the original composition.
The constitution being a great and important work, ought all to be
brought into one view, and made as intelligible as possible.
Public-domain text, read in full here on John Shaqi.
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