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 Clymer and M^r Carrol moved to postpone the consideration of Art:
XXI in order to take up the Reports of Committees not yet acted on. On
this question, the States were equally divided.
N. H. ay. Mas. no. C^t div^d. N. J. no. P^a ay. Del. ay. M^d ay.
V^a no. N. C. no. S. C. no. G. ay.
M^r Gov^r Morris moved to strike out "Conventions of the" after
"ratifications" leaving the States to pursue their own modes of
ratification.
M^r Carrol mentioned the mode of altering the Constitution of Maryland
pointed out therein, and that no other mode could be pursued in that
State.
M^r King thought that striking out "Conventions," as the requisite mode
was equivalent to giving up the business altogether. Conventions alone,
which will avoid all the obstacles from the complicated formation of the
Legislatures, will succeed, and if not positively required by the plan
its enemies will oppose that mode.
M^r Gov^r Morris said he meant to facilitate the adoption of the plan,
by leaving the modes approved by the several State Constitutions to be
followed.
M^r Madison considered it best to require Conventions; Among other
reasons, for this, that the powers given to the Gen^l Gov^t being taken
from the State Gov^{ts} the Legislatures would be more disinclined than
conventions composed in part at least of other men; and if disinclined,
they could devise modes apparently promoting, but really thwarting the
ratification. The difficulty in Maryland was no greater than in other
States, where no mode of change was pointed out by the Constitution, and
all officers were under oath to support it. The people were in fact, the
fountain of all power, and by resorting to them, all difficulties were
got over. They could alter constitutions as they pleased. It was a
principle in the Bills of rights, that first principles might be
resorted to.
M^r M^cHenry said that the officers of Gov^t in Maryland were under oath
to support the mode of alteration prescribed by the Constitution.
M^r Ghorum urged the expediency of "Conventions" also M^r Pinkney, for
reasons formerly urged on a discussion of this question.
M^r L. Martin insisted on a reference to the State Legislatures. He
urged the danger of commotions from a resort to the people & to first
principles, in which the Governments might be on one side and the people
on the other. He was apprehensive of no such consequences however in
Maryland, whether the Legislature or the people should be appealed to.
Both of them would be generally against the Constitution. He repeated
also the peculiarity in the Maryland Constitution.
M^r King observed that the Constitution of Massachusetts was made
unalterable till the year 1790, yet this was no difficulty with him. The
State must have contemplated a recurrence to first principles before
they sent deputies to this Convention.
M^r Sherman moved to postpone art. XXI. & to take up art: XXII on which
question,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account