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

time to adjourn. He iDoved the iidjouroiiient, and the houTe agreed tp it, £e 2i8 DEBATES May 6. A. 1789. Another member, viz. John Vining, from Delaware, ap- peared and took his feat. « A bill for laying a duty on goods, wares, and mer* chandizes imported into the United States, was read the fecond time, and ordered to be committed to a committee of the whole houfe to-morrow. A petition of Arthur Greer, of the ftate of Pennfylvania, was prefented to the houfe, and read, letting forth that he has invented a machine which he conceives has reduced to a certainty the difcovery of the true longitude or departure from any given meridian north of the equator ; and pray- ing that an exclufive patent for his difcovery may be granted him for the ipace of twenty-one years. Ordered, 'J'hat the faid petition do lie on the table. On motion of Mr. Sherman, the houfe took into confi- deration the amendments of the Senate, to the bill for re- gulating the time and manner of adminillering certain oaths, On. the foltovving amendment, viz. Be it enabled. That the members of the feveral ftate legiflatures, and all executive and judicial oiRcers of the feveral ftates, who have been heretofore cholen or appointed, or who ihall be chofen or appointed before the firit day of Auguft next, and who Ihall dien be in office, ihall within one month thereafter, take the fame oath or affirn^ation, except where they fhall have taken it before ; which may be adminiftered by any perfon authoril'ed by the law of the ftate in which fuch of- tice Ihall be holden, to adminifter oaths. And the members of the feveral ftate iegillatures, and all executive and judi- cial officers of the feveral ftates, who ihall be chofen or appointed after the laid firft day of Auguft, ihall, before they proceed to execute the duties of their refpedive offices, take the foregoing oath or affirmation, which iliall be adminiftered by the perfon or perfons, who by the law of the ftate fliail be authoriled to adminifter the oath of office, and the perfon or perlons i'o adminiftering the oath hereby required to be taken, Ihall caufe a record or certi- ficate thereof to be made, in the fame manner as by the law of the ftate, he or they Ihall be direcled to record or certify the oatli of office. Mr. Gkrrv Said he did not difcover what part of the conftitution gave to Ccngrefs the power of making this provilion, ex- cept fo much of it as relpeiits the form of the oath ; it is A. 1789. Of C O N G R E S S. 219 not exprefsly given by any claufe of the conftitution, and if it does exift, muft arife from the fweeping claufe, as it is frequently termed, in the 8th fedion of the firft article of the conftitution, which authorizes Congrefs " to make all " laws which Ihall be neceflary and proper for carrying ** into execution the foregoing powers, and all other pow- *' ers vefted by this conftitution in the government of the <* United States, or in any department or officer thereof." To this claufe there feems to be no limitation, fo far as it applies to the extention of the powers vefted by the confti- tution j but even this claufe gives no legifiative authority to congrefs, to carry into efFed any power not exprefsly vefted by the conftitution. In the conftitution, which is the iupreme law of the land, provifion is made, that the members of the legiflatures of the feverai ftates, and all ex- ecutive and judicial officers tliereot, Ihall be bound by oath tofupport the conftitution. But there is no provifion for impowering the government of the United States, or any officer or department thereof, to pafs a law obligatory on the members of the legiflatures of the feverai ftates, and other officers thereof, to take this oath. This is made their duty already by the conftitution, and no iuch law of Con- frefs can add force to the obligation ; but, on the other and, if it is admitted, that fuch a law is neceffary,' it tends to weaken the conftitution which requires fuch aid ; neither is any law other than to prefcribe the form of the oath, neceflary or proper to carry this part of the conftitution into efletH; ; for the oath required by the conftitution being a neceflary qualification for the Itate officers mentioned, cannot be difpenfed with by any authority whatever other than the people, and- the judicial power of the United- States, extending to all cafes ariii4ig in law or equity under this conftitution. The judges of the United States, who are bound to fupport the conftitution, may, in all cafes within their jurifdiftion, annul the official afts of ftate offi- cers, and even the ads of the members of the ftate legifla- tures, if fuch members and officers were difquahfied to do or pafs fuch acts, by neglecting or refuiing to take this oath. He concluded his obfervations, by fubmitting to the houfe the propriety of appointing a committee of confer- ence, to ftate to the Senate the doubts of the houfe upon this lubjecl. Mr. Bland Had no doubt refpeding the pov/ers of Congrefs on this. fubjed. The evident meaning of the words ot the Confli=. .J20 D E BATES A. 1789. tution implied, that Congrefs fhould have the power to pafs a law, directing the time and njanner of ta^ug the oath prefcribed for fupporting the Coiiititu.tion. There can be no helitation relpeding the power to diretl their own officers, and the conitiiuent parts of Congrefs; befide, if the date legiflatures were to be left to arrange and direft this bufinefs, they would pafs different lawe, and the offi- cers might be bound in different degrees to fupport the Conflitution. He not only thought Congrefs had the pOwe'- to do what was propofed by the Senate, but he judged it expedient alfo, and therefore fliould agree to the amendment. Mr. Jackson. I beHeVe this houfe, and the other branch of the kgifla- ture, have the po.ver, by the Conllicution, to pafs a law, obliging the officers of the Itate governments to take the oath required by the Comf itution their (fates have adopted, and which has become the fupreme law of the land. J be- lieve the general opinion of the houfe inclines to favor this fentiment. It then only remains to examine the meaiur^ on the principle of policy. Here I muit giv:e niy Qj)iniQn. I believe, fir, that not time to bring it forward, that it is it is not expedient at preient, becaule fbme jealouiies exift refpecting the jurifdiction of the federal and flate govern- ments. The itates had better be left to regulate this mat- ter among theaifelves, for an oath that is not voluntary is feldom held facred. Compelling people to fwear to fup- port the Conlfitutjon, will be like the atien.pts^of Britain, during the late revolution, to fecure the fidelity of thofp who fell within the influence of her arms, and like thofe 5ittempt3 they will be frultrated ; the moment the party could get from under her v/ings, the oath cf allegiance was dif- regarded. If, the ftate officers will not willingly pay this teitimoviy of their attachment to the Conllitution, what is* extorted from them againd their inclination is not much to be relied on. Befide it argues a jealoufy in the national government which can have no foui datipn. Can any thing Ihew more friendly to the union than adopting the Con- ititiuion, and fending tis here toadminifter it ? If we judge from thel'e circumitances, there is good reafon to believe, that the ibte governments will p.iy a proper attention to the duty enjoined upon them by the Conftiiuuon. I Jhal^ readily agrre, if they do not payihis attention, that the r.atioiip-l iegiiiature ought to excrcife its powers to compel theni J but they knov.' the V.eceiiiry there is for confonuirig A. 178^. Gf/C O N G R E S 8. 22J to what the Conftitution orders ; if they neglcifl: it becomes in roiiie ;degree a rebnquiJhmenc of their power in govern- ment. No itate legilUture can pafs au a<3: that will have the efficacy of a law Suppofe a judge on the bench was to condemn a criminal to die for an offence, the fentence could not be carried into execution, if the ju<Jge had omit- ted to qualify bimfelf for the difcharge of the duties of his office. In lliort there would be a total ftagnation of the government, its vital powers would be fufpended, until they were revived by the adion of the Conrtituiion. Be. fide the Conifitution partakes of the tiature of a compaft ; it guarantees to the ftate governments the principles of a republican government, conditionally, that the itates con- form themfelves to what is declared in the Conifitution ; they muft therefore take the oath directed by the confti- tution, or infringe the compafl, in which cafe, I appre-^ hend, the guarantee is virtually withdrawn ; this is another inducement for the itates to perform their duty. It is not necelFary to prels the meafure at this time, be- caufe we fee the itates daily coming into thofe meafures directed in the Conftitution ; when they thus voluntarily do their duty, where is the necelficy oi cramming an oath down their throats i For my part, I do not conceive if a man is forced to take an oath, that he is bound to keep it, at lealt it is not generally believed to be fo ; for how often have we feen a man fwear three or four times backward and forward during the late war ? oarhs were then feldom kept longer thaufulted the convenience of the party ; there- fore I am againtt impofing them v/hen we can polTibly do without them, and in the prefent cafe we can perhaps better do without them. Mr. Lawrance, I believe Mr. Speaker, if there is any thing improper in making provifion that the officers fha 11 take an oath to lupport the government, the fault cannot properly be charged upon us, becaufe the provifion is already made, and adopted by our Conftitueuts and we are to fuppofe • that fome beneficial elFeds were intended by ic ; while we are reprobating the meafure let us take care v^e do not fall under the cenfure, which the obfervation of the gentleman lait up, brought to our view of taking an oath, and ne- iglefting to fulfil rhe duties enjoined by it. I believe fir, that the perfons who are to take this oath in conformity •to the Conftitution, will conceive themfelves, after having rtaken fuch oath, under an obligation to fupport the Con, ftitution. It h^s been iiaid by one gentleman, that Con- a22 DEBATES grefs have not the power to carry this regulation into A. 1789. eft'ej^-—.Only a few words will be neceflary, to convince gentlemen that Congrefs have this power. It is declared by the Conltitution, that its ordinances fhall be the fupreme law of the land ; if the Conftitution is the fupreme law of the land, every part of it muft partake of this fupremacy, confeqiiently every general declaration it contains is the fupreme law, but then thefe general declarations cannot be carried into effed, without particular regulations adapt- ed to the circumftances; thefe particular regulations are to be made by Congrefs, who by the Conftitution have pow- er to make all Jav\s neceflary, or proper to carry the de- clarations of the Conftitution into effed —The Conftitution likewife declares, that the members of the ftate legiflatures and all officers executive, and judicial, fhall take an oath to — fupport the Conftitution this declaration is general,