Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Again the Constitution was amended by the same process, after the election
of President Jefferson by the House of Representatives, in February, 1803.
This amendment was rendered necessary to prevent a recurrence of the
dangers which had seriously threatened the existence of the Government
during the pendency of that election. The article for its own amendment was
intended to secure the amicable adjustment of conflicting constitutional
questions like the present which might arise between the governments of the
States and that of the United States. This appears from contemporaneous
history. In this connection I shall merely call attention to a few
sentences in Mr. Madison's justly celebrated report, in 1799, to the
legislature of Virginia. In this he ably and conclusively defended the
resolutions of the preceding legislature against the strictures of several
other State legislatures. These were mainly rounded upon the protest of the
Virginia legislature against the "alien and sedition acts," as "palpable
and alarming infractions of the Constitution." In pointing out the peaceful
and constitutional remedies--and he referred to none other--to which the
States were authorized to resort on such occasions, he concludes by saying
that--
The legislatures of the States might have made a direct representation to
Congress with a view to obtain a rescinding of the two offensive acts, or
they might have represented to their respective Senators in Congress their
wish that two-thirds thereof would propose an explanatory amendment to the
Constitution; or two-thirds of themselves, if such had been their option,
might by an application to Congress have obtained a convention for the same
object.
This is the very course which I earnestly recommend in order to obtain an
"explanatory amendment" of the Constitution on the subject of slavery. This
might originate with Congress or the State legislatures, as may be deemed
most advisable to attain the object. The explanatory amendment might be
confined to the final settlement of the true construction of the
Constitution on three special points:
1. An express recognition of the right of property in slaves in the States
where it now exists or may hereafter exist.
2. The duty of protecting this right in all the common Territories
throughout their Territorial existence, and until they shall be admitted as
States into the Union, with or without slavery, as their constitutions may
prescribe.
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