The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1

by United States. Constitutional Convention; James Madison

M^r Read disliked the idea of guarantying territory. It abetted the idea of distinct States w^ch would be a perpetual source of discord. There can be no cure for this evil but in doing away States altogether and uniting them all into one great Society.

Alterations having been made in the Resolution, making it read, "that a Republican Constitution & its existing laws ought to be guaranteed to each State by the U. States," the whole was agreed to nem. con.[77]

[ [77] Yates attributes this amendment to Madison. "Mr. Madison moved an amendment, to add to or alter the resolution as follows: The republican constitutions and the existing laws of each state, to be guaranteed by the United States."—Secret Proceedings, etc., 116.

Resolution 13. for amending the national Constitution hereafter without consent of the Nat^l Legislature being considered, Several members did not see the necessity of the Resolution at all, nor the propriety of making the consent of the Nat^l Legisl. unnecessary.

Col. Mason urged the necessity of such a provision. The plan now to be formed will certainly be defective, as the Confederation has been found on trial to be. Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Nat^l Legislature, because they may abuse their power, and refuse their consent on that very account. The opportunity for such an abuse, may be the fault of the Constitution calling for amendm^t.

M^r Randolph enforced these arguments.

The words, "without requiring the consent of the Nat^l Legislature" were postponed. The other provision in the clause passed nem. con.

Resolution 14. requiring oaths from the members of the State Gov^ts to observe the Nat^l Constitution & laws, being considered,[78]

[ [78] "Mr. Williamson. This resolve will be unnecessary, as the union will become the law of the land."—Yates, Secret Proceedings, etc., 117.

M^r Sherman opposed it as unnecessarily intruding into the State jurisdictions.