The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
Resol: 11, for guarantying Republican Gov^t & territory to each State,
being considered--the words "or partition," were, on motion of M^r
Madison added, after the words "voluntary junction;"
Mas. N. Y. P. V^a N. C. S. C. G. ay. Con: N. J. Del: M^d no.
M^r Read disliked the idea of guarantying territory. It abetted the idea
of distinct States w^{ch} would be a perpetual source of discord. There
can be no cure for this evil but in doing away States altogether and
uniting them all into one great Society.
Alterations having been made in the Resolution, making it read, "that a
Republican Constitution & its existing laws ought to be guaranteed to
each State by the U. States," the whole was agreed to nem. con.[77]
[77] Yates attributes this amendment to Madison. "Mr.
Madison moved an amendment, to add to or alter the
resolution as follows: The republican constitutions and the
existing laws of each state, to be guaranteed by the United
States."--_Secret Proceedings_, etc., 116.
Resolution 13. for amending the national Constitution hereafter without
consent of the Nat^l Legislature being considered, Several members did
not see the necessity of the Resolution at all, nor the propriety of
making the consent of the Nat^l Legisl. unnecessary.
Col. Mason urged the necessity of such a provision. The plan now to be
formed will certainly be defective, as the Confederation has been found
on trial to be. Amendments therefore will be necessary, and it will be
better to provide for them, in an easy, regular and Constitutional way
than to trust to chance and violence. It would be improper to require
the consent of the Nat^l Legislature, because they may abuse their
power, and refuse their consent on that very account. The opportunity
for such an abuse, may be the fault of the Constitution calling for
amendm^t.
M^r Randolph enforced these arguments.
The words, "without requiring the consent of the Nat^l Legislature" were
postponed. The other provision in the clause passed nem. con.
Resolution 14. requiring oaths from the members of the State Gov^{ts} to
observe the Nat^l Constitution & laws, being considered,[78]
[78] "Mr. Williamson. This resolve will be unnecessary, as the
union will become the law of the land."--Yates, _Secret
Proceedings_, etc., 117.
M^r Sherman opposed it as unnecessarily intruding into the State
jurisdictions.
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