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 Elseworth. If there be any Legislatures who should find themselves
incompetent to the ratification, he should be content to let them advise
with their constituents and pursue such a mode as w^d be competent. He
thought more was to be expected from the Legislatures than from the
people. The prevailing wish of the people in the Eastern States is to
get rid of the public debt; and the idea of strengthening the Nat^l
Gov^t carries with it that of strengthening the public debt. It was said
by Col. Mason 1. that the Legislatures have no authority in this case.
2. that their successors having equal authority could rescind their
acts. As to the 2^d point he could not admit it to be well founded. An
Act to which the States by their Legislatures, make themselves parties,
becomes a compact from which no one of the parties can recede of itself.
As to the 1^{st} point, he observed that a new sett of ideas seemed to
have crept in since the articles of Confederation were established.
Conventions of the people, or with power derived expressly from the
people, were not then thought of. The Legislatures were considered as
competent. Their ratification has been acquiesced in without complaint.
To whom have Cong^s applied on subsequent occasions for further powers?
To the Legislatures; not to the people. The fact is that we exist at
present, and we need not enquire how, as a federal Society, united by a
charter one article of which is that alterations therein may be made by
the Legislative authority of the States. It has been said that if the
confederation is to be observed, the States must _unanimously_ concur in
the proposed innovations. He would answer that if such were the urgency
& necessity of our situation as to warrant a new compact among a part of
the States, founded on the consent of the people; the same pleas would
be equally valid in favor of a partial compact, founded on the consent
of the Legislatures.
M^r Williamson thought the Resol:^n (19) so expressed as that it might
be submitted either to the Legislatures or to Conventions recommended by
the Legislatures. He observed that some Legislatures were evidently
unauthorized to ratify the system. He thought too that Conventions were
to be preferred as more likely to be composed of the ablest men in the
States.
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