Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
On motion of Mr. HARPER, the House then resolved itself into a Committee
of the Whole, on the report of the select committee on the resolution
sent from the Senate, authorizing the PRESIDENT to make inquiry of
certain States whether they had adopted the proposed amendment to the
constitution with respect to the suability of States.
The select committee did not confine themselves to this single
amendment, as reported from the Senate, but went back to the year 1789,
when twelve amendments were proposed by Congress; for though they state
eleven States out of fourteen had ratified ten of these amendments in
the year 1791, yet they were of opinion that a doubt might arise whether
eleven States ought to be considered as the three-fourths of fourteen;
they therefore wished the PRESIDENT to be requested to make inquiry also
from the non-ratifying States on the subject of these ten amendments.
Mr. NICHOLAS said, the resolution of itself was only exceptionable as it
had connection with the statement which went before it, in which it was
made a question whether the ten last amendments of the twelve proposed
by Congress to the States in March, 1789, were ever made part of the
constitution. He did not wish a doubt to be expressed on this subject.
This doubt, in the opinion of the committee, it seemed, rested on a
supposition that eleven were not three-fourths of fourteen. He could not
conceive how any doubt could arise on this subject, since it must be
acknowledged by every one that eleven was more than three-fourths of
fourteen. If the objection arose from fourteen not being divisible in
equal fourth parts, it was an objection to the constitution as
originally made. It was formed by thirteen States, which was no more
divisible into fourths than fourteen. On this ground, an amendment could
never have been made to the constitution. He hoped the Chairman of the
committee would give them some information on the subject.
Mr. HARPER said, it was not of much importance whether the committee had
doubts, or whether those doubts were well founded. The committee stated
they had these doubts. He had them; not whether eleven was three-fourths
of fourteen, according to arithmetical calculation--every school boy
knew, that, in that view, eleven was more than three-fourths of
fourteen; but it was, whether you could make a division of States. He
believed it could not be done; he believed there must be twelve
ratifying States to be three-fourths, as intended by the constitution,
because that number would be three-fourths of sixteen, which was the
nearest number to fourteen capable of four equal divisions. Whether this
doubt was well founded or not, there could be no harm in directing the
inquiry to be made; it would be made as soon for thirteen amendments as
for one, and if any other State should have ratified the ten amendments
in question, all doubt would be removed. Mr. H. noticed an error or two
which had escaped the committee in their report.
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