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

Mr^ Smith (of South-Carolina) Thought the gentleman who brought forward the fub- jeft had done his duty He had fupported his motiori with : ability and candor, and if he did not fucceed he v.as not to blame. On coniidering what had been urged for going into a committee, he was induced to join the gentleman ; but it would be merely to receive his propofiiions, after which he would move lomething to this effeft I'hat : — however defn-ous this houfe may be to go into the conllder- aiion of amendments to the conititution, in order to edahhfii the liberties of the people of America on the fecurell foundation yet the important and preifnig biifiuefs of the ; governtncnr, prevents their entering upon that i'ubjecl at prei'ent. A. 1789. Of C O N G R E S S. ^21 Mr. Page. My colleague tells you, he is ready to fnbmic to the coinniittee of the whole, his ideas on this lubjedl ; if no objei^lion had been made to his motion, the whole bnluiel's might have been finiflied before this. He has done me the honor of Ihewing me certain propofitions which he has drawn up, they are very Important, and I fincerely v. ifii the houfe may receive them. After they are publilhcd, I think the people will wait with patience till we areat Icifure torefumethem but it muft be very difagreeable to them : to have poCtponed from time to time, in the man- it ner it has been, for fix weeks pad, they wiJl be tired out by a fryitlefs expeflation. Putting myfelfjnto the place of thofe v.ho favor amendments, 1 fiiould fufpecl Congrels did not mean ferioufly to enter upon the fubjetn: ; that it was vain to exped; redrefs from tb.en-;; I fhould begin to turn my attention to the alternative contained in the fifth article, and think of joining-the legiflatures of ihofe dates vi'hich have applied for calling a r.ew convention. How <jangcrous fuch an expedient would be, I need not n;en- tion, but I venture to affirm, that unlefs you take early no- tice of this fubjed;, you will not have power to deliberate. The people will clamcr for a nev/ convention, they will not trul-1 the houfe aiiy longer ; thofe therefore, who dread the allen.'bling of a convention, v. ill do well to ac- quiefce in theprefent motion, and lay the foundation of a moil important work. 1 do not think we need confume more than half an hour in the comiiiittee of the whole • this is not fo much time but we may conveniently Ipare it, conhdering the nature of the bnfincfs. I do not wiih to divert the attention of congrefs from tlie organization of the government, tior do I think it need be doi\e, if we com- ply with the prefent motion. Mr. ViNiNG , hope the houfe will not go into a comuiitree of .the ' I whole. It drikes me that the great amendment which the goYerninent wants, is expedition in the difpatch of bu-. fmefs. The wheels of the national machine cannot turn, until the impoft and colledion bill are perfecled ; thtfe are the defiderata, which the public mind is anxioully expefling. It is well known, that all we have hitherto done, is tantamount to nothing, if we leave the bufmefs in itsprefent Hate — true — but fay gentlen.'^n, let us go into committee, it will take up but a ihort time, ye* may it not take a confiderabls proportion of our lime ? T :ay it not be 422 DEBATES A. 1789. procraflinated into clays, weeks, nay months itfelf ? It is not the molt facile fubjeft that can come before the kgiflaiure of the union. Gentlfinen's opinions do not run in a parallel on this topic ; it may take up more time to unite or con- center them, than is now imagined j and what pbjedl is to be attained by going into a committee ? If information is what we leekaKer, cannot that be obtained by the gentle- man's laying his propolitions on the table ; they can be read, or they can be printed. But I have two other reafons for oppoling this motion the firll is, the uncertainty with ; which we inuit decide on quellions of amendment, founded merely on fpeculative theory ; the fecond is a previous — quedion how far it is proper to take the fubjedl of amend? jnenis into confideration, without the confent of two-thirds of both houfes. I will fubmit it to gentlemeuj whether the words of the conftitution, " the congrels whenever two-thirds of both houfes fliall deem necelTary, /hall propofe amendments," do not bear my conltrujflion, that it is as re- quifite for two-thirds, to fandion the expediency of going into the meafure at prefent, as it will be to determine the necefliry of amending at all. I take it, that the fifth article admits of this conlirudlion, and think that two-thirds of the fenate and houfe of reprefentatives muft concur in the expediency, as to the time and manner of amendments, be- fore, we can proceed to the conlideration of the amendments themfelves ; for my part, 1 dp not fee the exp«diency of propofing amendments. I think, fir, the moft likely way to quiet the perturbation of the public mind, will be to pafs I'akitary laws ; to give permanency and liability to cpn- ititutional regulations, founded on principles of equity, and adjufted by wifdom, Altho' hitherto we have done no- thing to tranquillize that agitation which the adoption of the conilitution threw fome people into, yet, the iiorm has abated, and a calm fucceeds. The people are not afraid of leaving the queftion of amendments, to the difcuffion of their reprefentatives but is this the juncture, for difculling ; it? What have congrefs done toward completing the bu- linefs of their appointment ? They have p^lied a Yaw re= gnlating certain oaths they have pafied the import bill j ; but are not veflels daily arriving, and the revenue flipping thro' our fingers ? is it better than madnefs hi us to neglect the completion of the revenue fyftem ? Is the fyitem of jurifprudence unnecefTary? and here let me aik gentle- men, how they propofe to amend that part oi the conltitution which e:;ibrace5 the judicial branch of governuient, when A. i;«9. Of CONGIIESS. 4ij they do not know the regulations propofed by the fsnate, who are forming a bill onthis fubjeft. If the honorable mover of the queftion before the houfe, does not think he difcharges his duty without bringing hi? propofitions before the houle, let him take the mode I have mentioned, by which there will be little lofs of time. He knows as well as any gentleman, the importance of completing the bulinefs on your table, and that it is befl: to- finiih one fubjecl before the introdudlion of another ; he will net, therefore, perfilt in a motion which tends to dil- tra£V our minds, and incapacitates us from making a proper decifion on any fubject. Suppole every gentleman who defired alterations to be made in the conftitution, Vvas to' fubmit his propofttions alfo to a committee of the whole, wh3t would be the consequence ? We Oiould have firings- of them contradictory to each other, and necefl'arily en- gagecf in a difcuflion that would confume too much of our precious time. Though the ftate I reprefent had the honor of taking the lead m the adoption of this conltitution, and did it by an unanimous vote and although 1 have the itrongeft pre- •, dileftion for the prefent iorm of government ; yet 1 am' open to information, and- willing to be convinced of its im- perfeftions ; if this is done, I Ihall chearfully alFift in cor- reiilin'T tliem. But I cannot think this a proper time to' enter upon the fabjecl ; becaufe more important builnef* is fnfpended ; and for want of experience we are as likely to do injury by our prefcriptions as good. I wifh to fee every proportion which comes from that worthy gentle- man on the fcience of government but I think it can be ; prefented better by flaying where we are than by going into committee, and therefore Ihall vote againfl his mo- tion. Mr. Madison. I am forry to be accefl'ary to the lofs of a fmgle moment^ of time by the houfe. If I had been indulged in my mo- tion, and we had gone into a committee of the whole, 1 think we might have rofe, and relumed the confidcration of other bulinefs before this time ; that is, fo far as it de- pended on what 1 propofed to bring, forward. As that mode Iccms not to give fatisfaftion, 1 will withdraw the' motion, and move you, lir, that a feleft committee be ap- pointed to confider and report fuch amendments as; are ]n-o-- jier for Conyrels to propofe to th.e legiflatures of the leve- ral States, conformably to the 5th article of the coni'dtu- 424 tion. I DEBATES will fcate A. 1789* my reafons why I think it proper to propofe amendments ; and Itate the amendments them- jelves, lb far as think they ought to be propofed. I If I thought 1 could fulfil the duty which 1 owe to mylelf and my conllituents, to let the fubjeft "pals over in iilence, I moll certainly Ihould not trefnars upon the indulgence of this hcafe. But i cannot do this ; ai;d am therefore com- pelled to beg a patient hearing to what I have to lay be- foreyou. And I do moit lincerely believe that if con- •greis will devote but one day to this fubject, fo far as to fa- tisfy the public that we do not dilregard their wilh- es, it will have a falutary influence on the public councils, and prepare the way for a favorable reception of our fu- ture meafares. Jt pppears to me that this houfe is bound by every n:!otive of prudence, not to let the Hrll feffion pafs over without propoling to the ihnte legiflatures fume tamgs to be incorporated into the conllitutiot), as will ren- der It as acceptable to the whole people of the United States, as it has been found acceptable to a majority of them. I wUh, among other reafons why lomethjng Ihould be done, that thofe who have been friendly to the adop- tion of this conilitution, may have the opportunity of prov- ing to thnfe who were oppofed to it, that ihey were as fincerely devoted to liberty and a republican govern;nent, as thofe who charged them with wiihing the adoption of this conflitution in order to lay the foundation of an arif- ttKracy or defj>otifm. Jt will be a deilrabie thing to ex- tinguiiii fro:n tiie bcioni of every mejiiber of the communi- ty any apprehenfionb, that tiiere are thofe among his coun- trymen who Willi to deprive them of the liberty for which they valianily lought and honorably bled. And if there are ame'.'dments delired, of fuch a nature as will not in- jure the coniliiution, and they can be ingrafted fo as to give fatisfattion to the«doubting part of our fellow citi- zens ; the friends of the fedej'al governtnent will evince that Ipirit of deference and conccfliqn for which they have hitherto been diltinguilhed. It cannot be a fccret to the gentlemen in this houfe, thai, nutwithitandlng the raiiticaiion of this iylfem of go- verinnent by eleven of the thirteen United States, in louic tales unanimouily, in others by large majorities ; yet (till xhcrc is a grea: number of our conltiiuents who are dif- i"ati;iied with it ; among whom are many reipedable for their talents, tlieir palriotifm, and refpectable for the jea- louly ihey have ior ihcir liberty, which, though miliaken