The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Madison animadverted on the peculiarity of the doctrine of M^r
Sherman. It was a subtilty by which every national engagement might be
evaded. By parity of reason, Whenever our public debts, or foreign
treaties become inconvenient nothing more would be necessary to relieve
us from them, than to new model the Constitution. It was said that the
_U. S._ as such have not pledged their faith to the naturalized
foreigners, & therefore are not bound. Be it so, & that the States alone
are bound. Who are to form the New Constitution by which the condition
of that class of citizens is to be made worse than the other class? Are
not the States y^e Agents? Will they not be the members of it? Did they
not appoint this Convention? Are not they to ratify its proceedings?
Will not the new Constitution be their Act? If the new Constitution then
violates the faith pledged to any description of people will not the
makers of it, will not the States, be the violaters? To justify the
doctrine it must be said that the States can get rid of their obligation
by revising the Constitution, though they could not do it by repealing
the law under which foreigners held their privileges. He considered this
a matter of real importance. It would expose us to the reproaches of all
those who should be affected by it, reproaches which w^d soon be echoed
from the other side of the Atlantic; and would unnecessarily enlist
among the Adversaries of the reform a very considerable body of
Citizens: We should moreover reduce every State to the dilemma of
rejecting it or of violating the faith pledged to a part of its
Citizens.
M^r Gov^r Morris considered the case of persons under 25 years, as very
different from that of foreigners. No faith could be pleaded by the
former in bar of the regulation. No assurance had ever been given that
persons under that age should be in all cases on a level with those
above it. But with regard to foreigners among us, the faith had been
pledged that they should enjoy the privileges of Citizens. If the
restriction as to age had been confined to natives, & had left
foreigners under 25 years, eligible in this case, the discrimination w^d
have been an equal injustice on the other side.
M^r Pinkney remarked that the laws of the States had varied much the
terms of naturalization in different parts of America; and contended
that the U. S. could not be bound to respect them on such an occasion as
the present. It was a sort of recurrence to first principles.
Public-domain text, read in full here on John Shaqi.
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