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. GERRY asked, if the mode could make any possible difference,
provided the sanction was the same; or whether it would operate
differently in any one instance? If it will not, we are disputing about
form, and the question will turn on the expediency. Now one gentleman
tells you, that he is so attached to this instrument, that he is
unwilling to lose any part of it; therefore, to gratify him, we may
throw it into a supplementary form. But let me ask, will not this as
effectually destroy some parts, as if the correction had been made by
way of incorporation? or will posterity have a more favorable opinion
of the original, because it has been amended by distinct acts? For my
part, I cannot see what advantage can accrue from adopting the motion of
the honorable gentleman from Connecticut, unless it be to give every one
the trouble of erasing out of his copy of the constitution certain words
and sentences, and inserting others. But, perhaps, in our great
veneration for the original composition, we may go further, and pass an
act to prohibit these interpolations, as it may injure the text.
It is said that the present form of the amendments is contrary to the
5th article. I will not undertake to define the extent of the word
amendment, as it stands in the fifth article; but I suppose if we
proposed to change the division of the powers given to the three
branches of the Government, and that proposition is accepted and
ratified by three-fourths of the State Legislatures, it will become as
valid, to all intents and purposes, as any part of the constitution; but
if it is the opinion of gentlemen that the original is to be kept
sacred, amendments will be of no use, and had better be omitted;
whereas, on the other hand, if they are to be received as equal in
authority we shall have five or six constitutions, perhaps differing in
material points from each other, but all equally valid; so that they may
require a man of science to determine what is or is not the
constitution. This will certainly be attended with great inconvenience,
as the several States are bound not to make laws contradictory thereto,
and all officers are sworn to support it, without knowing precisely what
it is.
Mr. STONE asked the gentleman last up, how he meant to have the
amendments incorporated? Was it intended to have the constitution
republished, and the alterations inserted in their proper places? He did
not see how it was practicable to propose amendments, without making out
a new constitution, in the manner brought forward by the committee.
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