be made for the admission of states, lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole."
The eleventh resolution for guarantying to states republican government and territory, &c., being read,—
Mr. PATTERSON wished the point of representation could be decided before this clause should be considered, and moved to postpone it; which was not opposed, and agreed to, Connecticut and South Carolina only voting against it.
The twelfth resolution, for continuing Congress till a given day, and for fulfilling their engagements, produced no debate.
On the question,
Massachusetts, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 8; Connecticut, Delaware, no, 2. (New Jersey omitted in the printed Journal.)
The thirteenth resolution, to the effect that provision ought to he made for hereafter amending the system now to be established, without requiring the assent of the national legislature, being taken up,—
Mr. PINCKNEY doubted the propriety or necessity of it.
Mr. GERRY favored it. The novelty and difficulty of the experiment requires periodical revision. The prospect of such a revision would also give intermediate stability to the government. Nothing had yet happened in the states where this provision existed to prove its impropriety. The proposition was postponed for further consideration, the votes being,—
Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, North Carolina, ay, 7; Virginia, South Carolina, Georgia, no, 3.
The fourteenth resolution, requiring oath from the state officers to support the national government, was postponed, after a short, uninteresting conversation; the votes,—
Connecticut, New Jersey, Maryland, Virginia, South Carolina, Georgia, ay, 6; New York, Pennsylvania, Delaware, North Carolina, no, 4; Massachusetts, divided.
The fifteenth resolution, for recommending conventions under appointment of the people, to ratify the new Constitution, &c., being taken up,—
Mr. SHERMAN thought such a popular ratification unnecessary; the Articles of Confederation providing for changes and alterations, with the assent of Congress, and ratification of state legislatures.
Mr. MADISON thought this provision essential. The Articles of Confederation themselves were defective in this respect, resting, in many of the states, on the legislative sanction only. Hence, in conflicts between acts of the states and of Congress, especially where the former are of posterior date, and the decision is to be made by state tribunals, an uncertainty must necessarily prevail; or rather, perhaps, a certain decision in favor of the state authority. He suggested also that, as far as the Articles of Union were to be considered as a treaty only, of a particular sort, among the governments of
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