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
Art II. Sect. 2. After "officers of the U. S. whose appointments are not
otherwise provided for," were added the words "and which shall be
established by law."
Art III. Sect. 2. parag: 3. M^r Pinkney & M^r Gerry moved to annex to
the end, "And a trial by jury shall be preserved as usual in civil
cases."
M^r Gorham. The constitution of Juries is different in different States
and the trial itself is _usual_ in different cases in different States.
M^r King urged the same objections.
Gen^l Pinkney also. He thought such a clause in the Constitution would
be pregnant with embarrassments.
The motion was disagreed to nem: con:
Art. IV. Sect. 2. parag: 3. the term "legally" was struck out, and
"under the laws thereof" inserted after the word "State" in compliance
with the wish of some who thought the term legal equivocal, and favoring
the idea that slavery was legal in a moral view.
Art. IV. Sect 3. "New States may be admitted by the Congress into this
Union: but no new State shall be formed or erected within the
jurisdiction of any other State; nor any State be formed by the junction
of two or more States, or parts of States, without the consent of the
Legislatures of the States concerned as well as of the Cong^s."
M^r Gerry moved to insert after "or parts of States" the words "or a
State and part of a State" which was disagreed to by a large majority;
it appearing to be supposed that the case was comprehended in the words
of the clause as reported by the Committee.
Art. IV. Sect. 4. After the word "Executive" were inserted the words
"when the Legislature cannot be convened."
Art. V. "The Congress, whenever two thirds of both Houses shall deem
necessary, or on the application of two thirds of the Legislatures of
the several States shall propose amendments to this Constitution, which
shall be valid to all intents and purposes as part thereof, when the
same shall have been ratified by three fourths at least of the
Legislatures of the several States, or by Conventions in three fourths
thereof, as the one or the other mode of ratification may be proposed by
the Congress: Provided that no amendment which may be made prior to the
year 1808 shall in any manner affect the 1 & 4 clauses in the 9. Section
of article 1."
M^r Sherman expressed his fears that three fourths of the States might
be brought to do things fatal to particular States, as abolishing them
altogether or depriving them of their equality in the Senate. He thought
it reasonable that the proviso in favor of the States importing slaves
should be extended so as to provide that no State should be affected in
its internal police, or deprived of its equality in the Senate.
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