Amendments to the Constitution, [8 June] 1789 — reading text

A. 1789, quiefce in the deciilon, though they may regret the dilap- pointment of their fondefl hopes ffir the .ecurity of the liberties of themfelves and their pufterity. Thus, and thus only, the government will have its due energy, and accom- piiih the end for whicl-Lit was inltituted. I am againft referring the fubjecl: to a felecl committee ; becaufe 1 conceive it would be difrei'pedful to thole Hates which have propofed amendments. The conventions of the ilates conlilled of the molt wife and virtuous men of the com- munity ; they have ratified this coilltitu.ion, in full confi- dence that their obje^ilrions would at Itait be conlidered ; and Ihall we, lir, preclude them by the appoint:nent of a fpecial committee, to coniider of a few pre politions brought forward by an individual gentleman. Is it in contempla- tion that the ccmmittee Ihould have the fubjeft at large before them, or that they Hiould report upon the particu- lar amendments juit jwentiuned, as they think proper ? and ?.re we to be precluded from the coniideration of any other amendments but tholethe cemmittee may report ? A fekxt committee mai?be conhdered improper, becaufe it is put- ii)vg;their judgments againft that of the. conventions who liave propofed amendiiiejus but if the •committee are to .;, coniider the njatter at largg, they will be liable to this objedion, that their r.eport will be only walle of tibe : For if they do not bring forward the whole of the am.end- ments recommsiided, individual members will confider themfet^es bound to bring them forward for the deciilon of the houfe. 1 would therefore fubmit, if gentlemen are determined to proceed in the buiinefs at this.time, whether )t is r,ot better that it ihould go, in the firfl: inltance, to a committee of the whole, as hril propofed by the gentle- man frovn Virginia. Some gentlemen confider it neceflary to do this to faiif- fy our conltituents :. I thiiik referring the buiinefs to a fpecial be attemptiiTg to amufe them with committee will trifles. Our fellow citizens are poffelTed cftoo miach dif- . ccrnmeuv not to be able to difcover the .intention of con- jj.refs by fuch procedure. It will be the duty of their reprefeiitatives to tell them, if they were not able to d.f- cover it of themfclyes ; they require the fubjecT:tobe fair- ly confidered, and if it be found to be improper to comply with ihcir reafonable expedlations tell them lb. I hope there is no analogy between federaf and punic faith ; but unlefs congrefs ihall, candidly confider the amendments A. 1789. Of congress. 44. which have been propofed in confidence by the ilate con- ventions, federal faith will not be confidered very different from the punica fides of Carthajre. The ratification of the conflitution in feveral Itates would never have taken place, had they not been aflured, that the obieclions would have been duly attended to by congrefs : And I believe many members of thefe conventions would never have voted for it, if they had not been perfuaded that congrefs would notice them with that candor and attention which their»iniportance requires. I will fay nothing refpecling the aniendinents thenilelves they ought to fland or fall on ; then- own merits. If any of them are eligible they will be adopted^ if not, they will be rejeded. Ml Liver MO RE , Wais aga'nft this motion ; not that he was againfi: amend- ments at a proper time ; it is enjoined on him to act a ra- tional part in procuring, certain amendments, and he meant to do f'> ; but he cou'd not fay what amendments were requ iite, until the government was organized. He lup- poied the judiciary law would contain certain regulations that wculd remove the anxiety of the peoj.lt; rcipe^ling fuch amendments as related thereto ; becaui'e he thought much of the minutise rei'pecting .fuits between citizens of different. {fates, &c. might be provided by law. He could, not agree to make jury trials necelfar^'' on every occalion ; they were not practiced even at this time, and there were lome caies in which a caule could be better decided with- out a jury than with one. In addition to-tlie judiciary bufinefs, there is that v. hich relates to the revenue. -Gentlemen had let one opporiu- nity go through their hands of getting a tonfiderable I'up- ply from the import on ihe fpring importation. He remind- ' ed them of this ; and would tell them now was the time to finilh that buiinefs ; for if they did not low in leed time, they would be beggars in harvcit. He was well larisfied in his own mind, that the people of America did nut Icojk for amendments at prcfent ; they never could iii;-ginft it tp be the firit work of Congrefs. W -* He v;i{lied the concui-rence of the fenate upon emering on this bufuiefs, becaufe if they oppol'ed the mcilure,, all the houfe did would 6e a mere walte ot time ;-ana 'here was forne little difiiciilty on this point, becaufe it vequ;red the confent of two- thirds of them as vvcU as the houfe of " reprefentatives to agree to what was proper on this occa- ficn. He fald moreover it ^\ould be better 10 leler the  . 444 DEBATES A. 17S9. fubjeel generally, if referred to them- a-t all, than to take up the propofuions of individual memberj. rvlr. bHKRMAM. do !'.ct fuppofe the conftiiution to be perfedl, nor do I I imagine if congrefs and all the legiilatureson the continent were to revife u, that the;r united labours A'ould make it perfccl. not expect any perfection on this lide the i ilo <2Tave in the \v(jrks of man ; but my opinioii is, that we are prefent in circiimllances to n.ake it bet- not at tjsr. It is a wonder that there has been fuch unanimity in atl.iptioG^ It, coniidering the crdtal it had to imdergo ; and i)ie micinimity which prevailed at its formation, is equally aftoniiiiiiig ; amidlt all the members from the twelve itates prefent at the federal convention, there were only three who did not lign the inltrument 10 attclt their opinion of its gijodiiefs. Of the eleven Itates who have received it, the iinijoruy have ratified it without propofmga fingle amend- ment ; this circumltance leads nje to luppofe that we fhall not be able to propofe any alterations that are likely to be adopted by nine ilates ; and gentlemen kriow before the alterations take efft Jl, they mult be agreed to by the ?egif- laturesof three-fourths of the itates in the union. Thofe Hates that have not recommended alterations will hardly ' adopt them, unlefs it is clear that they tend to make the conlti- tution better ; now how this can be made out to their fatif- fadlion I am yet to learn they know of no defed from ex- ; perience. It fcGins to be the opinion of gentlemen ge- nerally, that this is not the time for entering upon the dif- cuihon of amendments our only quelfion therefore is, how : to get rid of the fubjeft ; now for my own part I would prefer to have it referred to a committee of the whole, rather than a fpecial committee, and therefore fliall not a- gree to the niotion now before the houfe. ' Mr. Gerry moved, that the bufmcfs lie over until tliG III. clay of July next, and that it be the order for that ii.iy Mr. SUiMPTER. r^onrider the fubjed of amendments of fuch great im. portance to the Union, that I Ihcuid be glad to lee it un- fJerraken in any manner. I am not, mr. fpeaker, difpoled to facriiice fnbltance to form ; therefore, whether tk.e bn- fjnefb ihall originate in a connnittee of the w^hole, or in the lioufe, is a nsatter of iijdifi'erence to me, fo that it be put jn tfain. AItho.u;rh. I anr ferioufiy inclined to give this ^jjbjec]: 3. fiiU ciifGulIion^ yet i do not wifh it to be iully eii- A. 1789. Of congress. 445 tered into at prcfent, but am wiJlinir it flioukl be podpo- ned to a future day, when wc ihall have more leifure. With refpeft to referring to a felecl: committee, I am ra- ther againlt it ; becaule I confider it as treating the appli- cations of the ftate conventions rather llightly ; and 1 pre- fuRje it is the intention of the houfe to take thole applica- tions into conhdtration as well as any other ; if it is not, I think it will give frelh caufe forjealoufy ; it will roufe the alarm which is now fafpcndcd, and the people will become clamorous for amendments they will decline any ; further application to Congrtls, and refort to the other alternative pointed out in the conltitution. I hope, there, fore, this houfe, when they do go into the bulinefs, will receive thofe propohtions generally. I'his I apprehend will tend to tranquilize the public mind, and promote that harmotiy which ought to be kept up between thofe in the exercife of the powers of government, and thofe who have .cloaihedthem with the authority, or in other words be- t\veen Congrels and the people. Without a harmony and confidence fdblifls between them, the meafures of govern- ment will prove abortive, and we Ihall have ftill to lament that imbecility and weaknels whicii has long marked our public councils. Mr. ViNiNG Found himfelf in a delicate fituacion refpecling the fub- iect of amendments,Ke came from a fmall (fate, and therefore fentiments would not be confidered of fo his much weight as the fentiments of thofe gentlemen who fpoke the fenfe of much larger Hates*; beiides his corfti- tuents had prejudged the queltion, by an unanimous adop- tion of the conltitution, without fu^;ge(ting any amend- ments thereto. His fenfe accorded with the declared fenfe of the Hate of Delaware, and he was doubly bound to objed: to amendments, which were either improper- or unneceffary. But he had good rcafons for oppoling the confideration of even proper alterations at this tune. He would alk the gentleman who prell'ed them, whether he would be refponfible for the rifl-c the government would run of being injured by an inter regnum ? Propofmg amendments at this time, is fufpendnig the operations of government, and may be produftive of its ruin. He would not follow the gentleman in his arguments, tho' he fuppoftd them all anfwerable, becaule he would rot take up the time of the houfe he contented himfeif with ; fuying that a bill of rights was unncceilary in a government; 446 derivim?; all its DEBATES powers from the peiople ; A. 1789. and the conftitu- tion enl'orced the principle in