Page:The Records of the Federal Convention of 1787 Volume 3.djvu/366

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ⅭⅭⅬⅤ. Roger Sherman in the House of Representatives.[1]

May 3, 1790.

Mr. Sherman said, that a proposition to vest Congress with power to establish a National University was made in the General Convention; but it was negatived. It was thought sufficient that this power should be exercised by the States in their separate capacity.


ⅭⅭⅬⅥ. Roger Sherman in the House of Representatives.[2]

May 25, 1790.

It is objected that this is a new project—and not mentioned in the Constitution. The novelty of it is no just objection against adopting it—if the measure be just. It was mentioned in the general convention—but it was not thought necessary or proper to insert it in the Constitution, for Congress would have sufficient power to adopt it if they should judge it expedient.


ⅭⅭⅬⅦ. James Madison in the House of Representatives.[3]

February 2, 1791.

In making these remarks on the merits of the bill, he had reserved to himself the right to deny the authority of Congress to pass it. He had entertained this opinion from the date of the Constitution. His impression might, perhaps, be the stronger, because he well recollected that a power to grant charters of incorporation had been proposed in the General Convention and rejected.


ⅭⅭⅬⅧ. Elbridge Gerry in the House of Representatives.[4]

February 7, 1791.

The gentleman from Virginia has endeavored to support his interpretation of the Constitution by the sense of the Federal Convention; but how is this to be obtained? By applying proper rules of interpretation? If so, the sense of the Convention is in favor of the bill; or are we to depend on the memory of the gentleman for a history of their debates, and from thence to collect their sense? This would be improper, because the memories of different gentlemen would probably vary, as they had already done, with respect to those facts; and if not, the opinions of the individual members who debated are not to be considered as the opinions of the Conven-

  1. Annals of Congress, First Congress, Ⅱ, 1551.
  2. L.H. Boutell, Life of Roger Sherman, p. 244.
  3. Annals of Congress, First Congress, Ⅱ, 1896.
  4. Annals of Congress, First Congress, Ⅱ, 1952.