Volume II Part 52 (1/2)

M^r M^cHenry observed that the President had not yet been any where authorized to convene the Senate, and moved to amend Art X. sect. 2. by striking out the words ”he may convene them (the Legislature) on extraordinary occasions,” & insert, ”He may convene both or either of the Houses on extraordinary occasions.” This he added would also provide for the case of the Senate being in Session, at the time of convening the Legislature.

M^r Wilson said he should vote ag^{st} the motion, because it implied that the senate might be in Session, when the Legislature was not, which he thought improper.

On the question

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay.

V^a no. N. C. ay. S. C. no. Geo. ay.

A Committee was then appointed by Ballot to revise the stile of and arrange the articles which had been agreed to by the House. The committee consisted of M^r Johnson, M^r Hamilton, M^r Gov^r Morris, M^r Madison and M^r King.

M^r Williamson moved that, previous to this work of the Committee the clause relating to the number of the House of Representatives sh^d be reconsidered for the purpose of increasing the number.

M^r Madison 2^{ded} the Motion.

M^r Sherman opposed it he thought the provision on that subject amply sufficient.

Col: Hamilton expressed himself with great earnestness and anxiety in favor of the motion. He avowed himself a friend to a vigorous Government, but would declare at the same time, that he held it essential that the popular branch of it should be on a broad foundation.

He was Seriously of opinion that the House of Representatives was on so narrow a scale as to be really dangerous, and to warrant a jealousy in the people for their liberties. He remarked that the connection between the President & Senate would tend to perpetuate him, by corrupt influence. It was the more necessary on this account that a numerous representation in the other branch of the Legislature should be established.

On the motion of M^r Williamson to reconsider, it was negatived[64]

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay.

V^a ay. N. C. ay. S. C. ay. Geo. no.

[64] This motion & vote are entered on the Printed journal of the ensuing morning.--Madison's Note.

Adj^d.

MONDAY SEP^R 10. 1787 IN CONVENTION[65]

[65] ”There is said to be a disposition generally prevalent thro' this state to comply with y^e plan of y^e convention without much scrutiny, Hervey, who has been in Albemarle lately, says y^t Nicholas is determined to support it however contrary it may be to his own opinions. I am persuaded that those who sacrifice solid and permanent advantages in this plan, to their idea of the transitory disposition of the people, will condemn themselves hereafter.”--James McClurg to Madison, September 10, 1787.--Mad. MSS.

M^r Gerry moved to reconsider Art XIX. viz. ”On the application of the Legislatures of two thirds of the States in the Union, for an amendment of this Const.i.tution, the Legislature of the U. S. shall call a Convention for that purpose,” (see Aug 6).

This const.i.tution he said is to be paramount to the State Const.i.tutions.

It follows hence, from this article that two thirds of the States may obtain a Convention, a majority of which can bind the Union to innovations that may subvert the State Const.i.tutions altogether. He asked whether this was a situation proper to be run into.

M^r Hamilton 2^{ded} the motion, but he said with a different view from M^r Gerry. He did not object to the consequences stated by M^r Gerry.

There was no greater evil in subjecting the people of the U.S. to the major voice than the people of a particular State. It had been wished by many and was much to have been desired that an easier mode of introducing amendments had been provided by the articles of the Confederation. It was equally desirable now that an easy mode should be established for supplying defects which will probably appear in the new System. The mode proposed was not adequate. The State Legislatures will not apply for alterations but with a view to increase their own powers.

The National Legislature will be the first to perceive and will be most sensible to the necessity of amendments, and ought also to be empowered, whenever two thirds of each branch should concur to call a Convention.

There could be no danger in giving this power, as the people would finally decide in the case.

M^r Madison remarked on the vagueness of the terms, ”call a Convention for the purpose,” as sufficient reason for reconsidering the article.

How was a Convention to be formed? by what rule decide? what the force of its acts?

On the motion of M^r Gerry to reconsider