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Amendments to the Constitution, [8 June] 1789 — reading text
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adding weight where it is wanting. In this
way, we may remedy her defeats to the fatisfaftion of all
Concerned ; but if we proceed now to uiake alterations, we
may deface a beauty, or deform a well proportioned piece of
workmanlhip ; in ihort, Mr. Speaker, I am not for amend-
ments at this time, but if gentlemen (hould think it a fub-
jecl deferving of attention, they will fnrety no: negleft the
more important bulinei's, which is now unfinillied before
them. Without we pals the collection bill, we can get no
revenue, and without revenue the v/heels of government
cannot move, lam againil taking up the fubje(St at prefent,
and fhall therefore be totally againfl the amendments, if the
government is not organized, that 1 may fee whether it is
grievous or not.
When the propriety of making amendments fl:all be ob-
vious from experience, 1 trull there will be virtue enough
in my country to make them. Much has been (aid by the
opponents to this coniiitution, relpefting the ihfecurity of
jury trials, that great bulwark of perfonal fafety ; all
their objeftions may be done away, by proper regulations
on this point, and I do not fear but fuch regulations wrll
take place. The bill is now before the ienate, and a proper
attention is Ihewn to this bullnefs. Indeed I cannot con-
ceive how it could be oppofed ; I think an almotl: omnipo-
tent emperor would not be hardy enough to fet himfelf
againll it. Then why Ihonld we fear a power which cannot
be improperly exercifed.
We have proceeded to makefome regulations under the
conllirurion, but have met with no inacuracy nnlefs it may
be faid, that the claufe refpedliug veflels bound to or irons
A. 1789- Of CON GUESS. 417
one Itatc be obliged to enter, clear, or pay duties in ano-
ther," is fomewhat obfure, yet there is not lufficient, I
truit> in tiny gentleman's opinion to induce an amendment*
But let me aik what what will be ths confeqaence of taking
up this fubjecl? are we going to finifh it in an hour ? I
believe not it will take us more than a day, a week, a
;
—
monrh it will -take a year to complete it and will h be !
doing our duty to our country to negleft or delay putting
the government in motion, when every thing depends upon
its being fpeedily done ?
Let the conilitution have a fair trial, let it be examined
by experience, dilcover by that teft what its errors are,
and then talk of amending but to attempt it now is doing
;
it at rilk, which is certainly imprudent. I have the honor
of coining from a ibate that ratified the conllitution by the
unanimous vote of a numerous convention: the people of
Georgia have manifeited their attachment to it, by adopt-
ing a itate conititution framed upon the fame plan as this.
But alchouo_h they are thus latisfied, I Ihall not be an-ainft
Inch amendments as will gratify the inhabitants of other
ftates, provided they are judged of by experience and not
theory. For this reafon I vvifh the confideration of the
iubjecl poftponed until the firft of March, 1790.
Mr. Goodhue.
I believe it would be perfe.ftly right in the gentleman
who fpoke lad, to move a poftponement to the time he has
mentioned ; becaufe he is oppoled to the confideration of
amendments altogether. But I believe it will be proper to
attend to the fubjed: earlier becaufe it is the wiih of ma-
;
ny of our conflituents that fameihing ihould be added to
the conititution to fecure in a itronger manner their liber-
ties from the inroads of power. Yet I think the prefenc
time premature innfmuch as we have other bufmefs be-
;
fore us, which is incomplete, but eHential to the public
intereit ; when that is linilhed, 1 ihall concur in taking up
the fubjeft of amendments.
Mr. Burke
Thought amendments to the conftitution necelTary, but
this was not the proper time to bnn<,»- them forward ; he
wiflied the government completely organized before they
entered upon this ground The law for collecling the
:
revenue was. immediately necellary, the treafury depart-
ment mull b^ceitablillied till ihefe, and other i'nportant
;
fubjefts were determined, he was againfl: taking this up.
He laid it might interrupt the harmony of the houVCj
4i8 DEBATES A. 1789.
which was neceffary to be preferved to difpatch the great
objects of legiflation. He hoped it would be poftponed
for the prefent, and pledged himfelf to bring it forward
again, if nobody eife would;
Mr. Madison.
The gentleman from Georgia (Mr. Jackfon) is certainly
right in his oppofiiion to my morion for going into a com-
nuttee of the whole, becaule he is unfriendly to the objeft
I have in contemplation ;but I cannot fee that the gen-
ilemen^; who wifli for amendments behig propofed at the
prefent felTion, fland on good ground when they objeQ
le the houfe going info committee on this bulinel's.
Vv'heu 1 firft hinted to the houfe my intention of calling
their deliberations to this objeft, I mentioned the prefure
of other important fubjefts, and fubmitted the propriety
of poitponing this till the more urgent bufmefs was dif-
patched ; but finding that bufmefs not difpatched, wiieu
fhe order of the day for confidering amendments arrived,
I thought it a good reafon for a farther delay, 1 nioved the
^ftponement accordingly. I am forry tlie fame reafor*-
llill exills in fome degree ; but operates with lefs force
when it is confulered, tb;U it is not now propoled to enter
intoafull and minute difcufiion of every part of thefubjec^,
but merely to bring it before the houfe, that our conlli-
tuents may fee we pay a proper attention to a fubje<Si; they
. have much at heart and if it docs not give that full gra-
;
tification which is to be willied, they will difcover that it-
proceeds Iroai the urgency of bufincis of a very impor-
tant nature. But if we continue to poftpone from time to
time, and refuie to let the fubjes^ come uito view, it may
gccalion fufpicions, which, though not well founded, may
tend to inflame or prejudice the public mind, againlt our
decifions :they may thiiik we are not lincere in our defire
to incorporate fuch amendments in the conllhution as will
fecure thofe rights, which they coniider as not fufficiently
guarded. The applications for amendments come from a
very refpeftable number of our confticuents, and it is cer-
tainlyproper for congrefs to coniider the fubjeft, in order
to quiet that anxiety which prevails in the public mind:
I'Udecd I think it would have been of advantage to the
government, if it had been prac'ticable to have make fome
propoiitions amevidmcnts the firitbuilnefs we entered^
f"or
upon; it would
Jlifle the voice of complaint, and make
ri-iends cf niany who doubted its merits. Our future mea-
fupcs would then have been more univerfally agreeable
\
A.iyBg. O f C O N G R E S S. 415,
and better fupported ; but the jultifiable anxiety to put
the government in operation prevented that ; it therefore
remains for us to take it up as foon as pofllble. I wi(h then
to commence the confideration at the prefent moment ; I
hold it to be my duty to unfold my ideas, aif^ explain my-
felf to the houfe in fome form or other without delay. I
only wilh to introduce the great work, and as I (aid before
I do not expeft it will be decided immediately ; but if
fome ftep is taken in the bulinefs it will give reafon to
believe that we may come at a final refult. This will in.
fpire a reafonable hope in the advocates for amendments,
thai full jultice will be done to the important fubjeft and;
I have reafon to believe their expedation will not be de-
feated.' I hope the houfe will not decline n)y motion for
going into a committee.
Mr. Sherman.
I am willing that this matter fhould be brought before
the houfe at a proper time. I fuppofe a number of gen-
tlemen think it their duty to bring it forward fo that',
there is no apprehenfion it will be palled over in filence :
Other gentlemen may be difpofed to let the fubjed" reft
until the more important objeds of government are attend-
ed to ; and I fliould conclude from the nature of the cafe,
that the people exped the latter of us in preference ot
altering the conftitulion ; becaule they h.ive ratified that
inftrumenit, in order that the government may begin to
operate. If this was not their wijh, they might as well
have rejeded the conftitutioii, as North-Carolina has done,
until the amendments look place. 1 he itate 1 have the
honor to come from, adopted this fyitem by a very rreat
majority, becaufe they wiihed for the government ; but
they delired no amendments. I fuppofe this was the cafe
in other Ifates ; it will therefore be imprudent to neglcd;
much more important concerns for this. The executive
part of the government wants organization ;the bulinefs
of the revenue is incomplete, to lay nothing of the judi-
ciary buhnefs. iSlovv, will gep.tlemtn give up thefe
points to go into a difcufiion of a'.jiendments when no ad-
vantage can arile from them ? for my part, I quefiion if any
^Iteration which can be now propofec! would be an amend-
ment in the true fenfe of the word ; but neverthclefs 1 am
willing to let the fubjed be introduced ; if the gentleman
pnly delires to go into committee for the purpofe of re-
ceiving his propolitions, I Ihall confent ; but I have llrong
Qbjed;ions tp being interrupted in completing the mere
420 DEBATES A. 1789.
important bufmefs ; becaufe I am well fatisfied it will alarm
the fears of twenty of our conltituents where it will pleafe
one.
Mr. White.
I hope the honfe will not fpend much time on this fub-
jeft till the more preilingbuiinels is difpatched, but, ar the
lame time, 1 hope we ihall not difinii's it altogether ; be-
caufe 1 think a majority of the people, who have ratified
the conftitution, did it under an expeftation that congrefs
^vould, ar lome convenient time, examine its texture, and
point out where it was defedive, in order that it might be
judicioudy amended. Whether, wliile we are without ex-
perince, amendments can be digefted in fuch a manner as
to <Tive fatisfartion to a conJiituiional majoriry of this*hou!e,
I will not pretend to fay, but 1 hope the fubjeft niay he
confidered with all convenient fpeed, I think it would
tend to tranquillize the public mind ; therefore I ihall vote
in favor of gouicr into a committee of the whole, and after
receivino- the fubjed Ihall be content to refer it toafpecial
committee to arrange and report. I tear if we refule to
take up the fubjecf it will irritate many of our conftituents,
which I do not wilh to do If we cannot, alter mature con-
:
fideration, gratify their wilhes, the caufe of complaint will
be lefiened if not removed ; but a doubt on this head will
not be a good reafon why we ihould refufe to enquire. I
do not fay this as it affects my imnu^diate conllituents, be-
cau'e I believe a majority of the diltritt which eledcd me
do not require alterations ; but I know there are
people in other parts who will not be fatisfied unleis fome
amendments are ^.ropofcd.
