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
Thus, when speaking of fourteen States, although he (Mr. GALLATIN) could
at once understand that three-fourths of fourteen was ten-and-a-half,
and, therefore, (admitting, as he did together with that gentleman, that
the vote of a State was indivisible) that eleven States were more than
three-fourths of fourteen, the gentleman from South Carolina proceeded
in a different way. The fourth part of fourteen being three-and-a-half,
he says that, as a State cannot be divided, you must take four States
instead of three-and-a-half for the fourth part of fourteen, and then
multiplying these four States by three, in order to get the
three-fourths, he concludes that twelve States are three-quarters of
fourteen--that the twelve States out of fourteen are necessary to ratify
the amendments. He believed the gentleman would allow that he had not
misstated his opinion.
Let us now see, said Mr. G., how this doctrine will operate. It would go
to prove, in some instances, that three-fourths of a number is greater
than the whole. Suppose, for instance, the case of five States.
One-fourth of five is 1-1/4; but as the vote of a State cannot be
divided, you must call it two; or, as the gentleman expressed it, five
not being divisible into four equal parts, you must take the nearest
number to five capable of such division, that is to say 8, the fourth
part of which is two; two, therefore, must be considered as the fourth
part of five States, and as three multiplied by two is six, it follows,
according to that gentleman's doctrine, that the three-fourths of five
is six! Suppose that, in the constitution, instead of the expression
three-fourths, it had been said that nine-twelfths were necessary. The
number of States when the constitution was framed was thirteen. In that
case one-twelfth of thirteen being one and one-twelfth, you must, the
vote of a State being indivisible, call it two; so that in that way of
reckoning, nine-twelfths (which is the same thing as three-fourths) of
13 is 18! Consequently, the consent of eighteen States would have been
necessary in order to ratify any amendment to the constitution of a
nation consisting only of 13 States.
Let us, said he, examine a little farther. The same part of the
constitution which provides for amendments of the constitution, says,
that an amendment shall be proposed by two-thirds of both Houses of
Congress; but he supposed the vote of a man was no more divisible than
that of a State. He wished to know, therefore, how the gentleman would,
on his principle, calculate what were two-thirds of the members present
when their whole number was not divisible by three?
Public-domain text, read in full here on John Shaqi.
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