Page:Debates in the Several State Conventions, v5.djvu/525

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1787.]
FEDERAL CONVENTION.
499

put in force over the whole body of the people, though less than a majority of them should ratify it.

Mr. WILSON, As the Constitution stands, the states only which ratify can be bound. We must, he said, in this case, go to the original powers of society. The house on fire must be extinguished, without a scrupulous regard to ordinary rights.

Mr. BUTLER was in favor of "nine." He revolted at the idea that one or two states should restrain the rest from consulting their safety.

Mr. CARROLL moved to fill the blank with "the thirteen;" unanimity being necessary to dissolve the existing Confederacy, which had been unanimously established.

Mr. KING thought this amendment necessary ; otherwise, as the Constitution now stands, it will operate on the whole, though ratified by a part only.

Adjourned.


Friday, August 31.

In Convention.—Mr. KING moved to add to the end of article 21 the words, "between the said states;" so as to confine the operation of the government to the stales ratifying it.

On the question,—

Nine states voted in the affirmative; Maryland, no; Delaware, absent.

Mr. MADISON proposed to fill the blank in the article with,

"any seven or more states entitled to thirty-three members at least in the House of Representatives according to the allotment made in the 3d section of article 4."

This, he said, would require the concurrence of a majority of both the states and the people.

Mr. SHERMAN doubted the propriety of authorizing less than all the states to execute the Constitution, considering the nature of the existing Confederation. Perhaps all the states may concur, and on that supposition it is needless to hold out a breach of faith.

Mr. CLYMER and Mr. CARROLL moved to postpone the consideration of article 21, in order to take up the reports of committees not yet acted on. On this question, the states were equally divided.

New Hampshire, Pennsylvania, Delaware, Maryland, Georgia, ay, 5; Massachusetts, New Jersey, Virginia, North Carolina, South Carolina, no, 5; Connecticut, divided.

Mr. GOUVERNEUR MORRIS moved to strike out, "conventions of the," after "ratifications;" leaving the states to pursue their own modes of ratification.

Mr. CARROLL mentioned the mode of altering the constitution of Maryland pointed out therein, and that no other mode could be pursued in that state.

Mr. KING thought that striking out "conventions," as the requisite mode, was equivalent to giving up the business altogether. Conventions alone, which will avoid all the obstacles from the complicated formation of the legislatures, will succeed; and if not positively required by the plan, its enemies will oppose that mode.