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
Propos. 15. for "_recommending Conventions under appointment of the
people to ratify the new Constitution_" &c. being taken up,
M^r Sherman thought such a popular ratification unnecessary: the
articles of Confederation providing for changes and alterations with the
assent of Cong^s and ratification of State Legislatures.
M^r Madison thought this provision essential. The articles of Confed^n
themselves were defective in this respect, resting in many of the States
on the Legislative sanction only. Hence in conflicts between acts of the
States, and of Cong^s especially where the former are of posterior date,
and the decision is to be made by State tribunals, an uncertainty must
necessarily prevail, or rather perhaps a certain decision in favor of
the State authority. He suggested also that as far as the articles of
Union were to be considered as a Treaty only of a particular sort, among
the Governments of Independent States, the doctrine might be set up that
a breach of any one article, by any of the parties, absolved the other
parties from the whole obligation. For these reasons as well as others
he thought it indispensable that the new Constitution should be ratified
in the most unexceptionable form, and by the supreme authority of the
people themselves.
M^r Gerry observed that in the Eastern States the Confed^n had been
sanctioned by the people themselves. He seemed afraid of referring the
new system to them. The people in that quarter have at this time the
wildest ideas of Government in the world. They were for abolishing the
Senate in Mass^{ts} and giving all the other powers of Gov^t to the
other branch of the Legislature.
M^r King supposed that the last article of y^e Confed^n Rendered the
legislature competent to the ratification. The people of the Southern
States where the federal articles had been ratified by the Legislatures
only, had since _impliedly_ given their sanction to it. He thought
notwithstanding that there might be policy in varying the mode. A
Convention being a single house, the adoption may more easily be carried
thro' it, than thro' the Legislatures where there are several branches.
The Legislatures also being to lose power, will be most likely to raise
objections. The people having already parted with the necessary powers
it is immaterial to them, by which Government they are possessed,
provided they be well employed.
M^r Wilson took this occasion to lead the Committee by a train of
observations to the idea of not suffering a disposition in the plurality
of States to confederate anew on better principles, to be defeated by
the inconsiderate or selfish opposition of a few States. He hoped the
provision for ratifying would be put on such a footing as to admit of
such a partial union, with a door open for the accession of the
rest.[66]
[66] (This hint was probably meant in terrorem to the smaller
States of N. Jersey & Delaware. Nothing was said in reply to
it.)--Madison's Note.
Public-domain text, read in full here on John Shaqi.
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