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
Adj^d.
MONDAY SEP^R 10. 1787 IN CONVENTION[65]
[65] "There is said to be a disposition generally prevalent
thro' this state to comply with y^e plan of y^e convention
without much scrutiny, Hervey, who has been in Albemarle
lately, says y^t Nicholas is determined to support it
however contrary it may be to his own opinions. I am
persuaded that those who sacrifice solid and permanent
advantages in this plan, to their idea of the transitory
disposition of the people, will condemn themselves
hereafter."--James McClurg to Madison, September 10,
1787.--Mad. MSS.
M^r Gerry moved to reconsider Art XIX. viz. "On the application of the
Legislatures of two thirds of the States in the Union, for an amendment
of this Constitution, the Legislature of the U. S. shall call a
Convention for that purpose," (see Aug 6).
This constitution he said is to be paramount to the State Constitutions.
It follows hence, from this article that two thirds of the States may
obtain a Convention, a majority of which can bind the Union to
innovations that may subvert the State Constitutions altogether. He
asked whether this was a situation proper to be run into.
M^r Hamilton 2^{ded} the motion, but he said with a different view from
M^r Gerry. He did not object to the consequences stated by M^r Gerry.
There was no greater evil in subjecting the people of the U.S. to the
major voice than the people of a particular State. It had been wished by
many and was much to have been desired that an easier mode of
introducing amendments had been provided by the articles of the
Confederation. It was equally desirable now that an easy mode should be
established for supplying defects which will probably appear in the new
System. The mode proposed was not adequate. The State Legislatures will
not apply for alterations but with a view to increase their own powers.
The National Legislature will be the first to perceive and will be most
sensible to the necessity of amendments, and ought also to be empowered,
whenever two thirds of each branch should concur to call a Convention.
There could be no danger in giving this power, as the people would
finally decide in the case.
M^r Madison remarked on the vagueness of the terms, "call a Convention
for the purpose," as sufficient reason for reconsidering the article.
How was a Convention to be formed? by what rule decide? what the force
of its acts?
On the motion of M^r Gerry to reconsider
N. H. div^d. Mas. ay. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. ay.
M^r Sherman moved to add to the article "or the Legislature may propose
amendments to the several States for their approbation, but no
amendments shall be binding until consented to by the several States."
M^r Gerry 2^{ded} the motion.
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