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. SHERMAN.--If I had looked upon this question as mere matter of form,
I should not have brought it forward or troubled the committee with such
a lengthy discussion. But, sir, I contend that amendments made in the
way proposed by the committee are void. No gentleman ever knew an
addition and alteration introduced into an existing law, and that any
part of such law was left in force; but if it was improved or altered by
a supplemental act, the original retained all its validity and
importance, in every case where the two were not incompatible. But if
these observations alone should be thought insufficient to support my
motion, I would desire gentlemen to consider the authorities upon which
the two constitutions are to stand. The original was established by the
people at large, by conventions chosen by them for the express purpose.
The preamble to the constitution declares the act: but will it be a
truth in ratifying the next constitution, which is to be done perhaps by
the State Legislatures, and not conventions chosen for the purpose? Will
gentlemen say it is "We the people" in this case? Certainly they cannot;
for, by the present constitution, we, nor all the Legislatures in the
Union together, do not possess the power of repealing it. All that is
granted us by the 5th article is, that whenever we shall think it
necessary, we may propose amendments to the constitution; not that we
may propose to repeal the old, and substitute a new one.
Gentlemen say, it would be convenient to have it in one instrument, that
people might see the whole at once; for my part, I view no difficulty on
this point. The amendments reported are a declaration of rights; the
people are secure in them, whether we declare them or not; the last
amendment but one provides that the three branches of Government shall
each exercise its own rights. This is well secured already; and, in
short, I do not see that they lessen the force of any article in the
constitution; if so, there can be little more difficulty in
comprehending them whether they are combined in one, or stand distinct
instruments.
Mr. SMITH read extracts from the amendments proposed by several of the
State conventions at the time they ratified the constitution, from
which, he said, it appeared that they were generally of opinion that the
phraseology of the constitution ought to be altered; nor would this mode
of proceeding repeal any part of the constitution but such as it
touched, the remainder will be in force during the time of considering
it and ever after.
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