Gazette of the United-States. (New-York [N.Y.]) 1789-1793, August 15, 1789, Page 143, Image 3
• equally as good authority.—lam not however ■yfolicitqus about the mode, so long as the is fully attended to. jj r Smith, (S. C.) agreed with Mr. Madison— 1 read that clause in the Constitution which 311 vides that alterations and amendments when Fa eed to, ihallbecom e part of the Constitution— Ifoni whence he inferred, that it was evidently the design of the framers of the system, that they ihould be incorporated—nor is the house at li berty ro adopt any other mode. Mr. Smith cited the instance of South Carolina, who instead of making a<fts in addition to acts, which had been found extremely perplexing, repealed their laws o-enerally, in order to form a more fiinple and unetubarrafling code. Mr. Livermore lupported the motion of Mr. Sherman He adverted to the cuitom and usage of the Britiih legiilature, and of thefeveral State Ad'einblies; in forming 1 aws and additional acfts. \\'e have no right, he observed, to make any al terations or interlopations in the instrument—it will be attended with difficulties in some future Joy. Mr. Vining observed, that lie thought the mode was not efiential—he therefore adverted to the expediency of the motion—adding amend ments, Hud he, will be attended with a variety of inconveniencies —it will distort the system—it will appear like a letter, which, carelessly wrote in halte, requires a poftfeript much longer than the original composition—This motion is found ed upon the cuitom of amending a<fts by addition al acts, to explain and amend preceding aifts, a custom, which involves endless perplexities, and has nothing in reason to recommend it. I hope Sir, the motion will not obtain. Mr. Clvmer advocated the motion : I wish Sir that the Constitution may forever remain in its original form, as a monument of thewifdom and patriotism of those who framed it. Mr. Stone was in favor of Mr. Sherman's mo tion. If Sir, said he, the amendments are incor porated in the instrument, it will allert that which is not true —for this Constitution has been signed by the delegates from the fcveral States as a true inftrument —and therefore in this cafe we mull go further, and fay, that a constitution made at i'uch a time was defective, and George Wash ington, and those other worthy characters who fi<nied this instrument, cannot be said to have signed the Constitution.—According to the obser vation of the gentleman from South-Carolina, refpe<fting repealing laws to make a complete act, we must repeal the Constitution in order to make a new one—but will any gentleman fay that thislegiflature has authority to do this ? To in corporate these amendments, the Constitution must; however be repealed in parr, atleaft—The moment we prepare ourselves to do this, there is an end of the Constitution, and to the authority under which we act. Mr. Stone then replied par ticularly to the inference drawn by Mr. Smith from the pailage which he had quoted from the Coiillitutioii, and observed, that the words could not imply any thing more than this, that such amendments, when adopted, agreeably to the mode pointed out, would be equally binding with the other parts of the system to which they do not specially refer. Mr. Gerry enquired whether the mode could makeany polfible difference in the validity of the system, provided the function is the sam conceived it could not—The constitution in my opinion, said he, has provided that amendments Ihould be incorporated—the words are express, that they ihall becomc "part of this constitution." The gentleman, (Mr. Stone) fays we fliall lose the names of the worthy gentlemen who fubferib ed the constitution—but 1 would alk, whether the names would be of any consequence, except the constitution had been ratified by the several States ? or will the system be of no effect since it is ratified, if the names were now erased ?—lfwe adopt the mode proposed, wejhall in all probabi lity go on to make fupplenients to supplements, and thus involve the system in a maze of doubts and perplexities.—lt appears to me, that in order that the citizens of the United States may know what the constitution is, it is neceflary that it be comprized in one uniform, entire fyftem.—lf the amendments are incorporated, the people will have 0:1 c constitution ; but if they arc added by way ot fapplement,they will have more than one: And if in the original system there ihould any claui'es be found, which are inconsistent with the added amendments, the government will be com pounded of oppoiite principles, both in force at the fame time. Upon the idea of gentlemen as to the facred nefs of the original system, if amendment are wade upon their plan, they will be considered in a point of light inferior to the original ; in this ew > amendments arc of no consequence, and had better be omitted. —This would tend to de feat the salutary purposes of amendments altoge ther, by derogating from their dignity and autho- Mr. Laurance was in favor of the motion made lij, Mr, Sherman—he said, it appeared to impuflible to incorporate the amendments in ' e '- ol iiti:inion without involving very great ab- Surdities in the supposition—is they should be engrafted in the body of the constitution, it will make it fpcak a language different from what it originally did—What will become of the laws enacted under the instrument as it originally stood ?—Will they not be vitiated thereby ? The ratifications of the several States had refpeCi to the original fyfteni.—lt is true that a majority of them have proposed amendments,but this does not imply a nccelfity of altering the original, Co as to make it a different system from that which was ratified.—The mode proposed by the motion is agreeable to cultom—it is the least liable to ob jection, and appears to me fafe and proper. Mr. Benson observed, that this question was agitated in the seleCt committee, and the result is contained in the report now under confidera tion—lt fliould be remembered, that the ratifica tions of several oftlie States enjoin the alterations and amendments in this way ; they propose that some words should be struck out, and the fenteri ces altered—l do not conceive that incorporating the amendments can affeCt the validity of the o riginal constitution—that will remain where it is, in the archives of Congress unaltered with all the names of the original fubferibers.—The a mendments are provided for in that instrument, and the compleating those amendments is com pleating the original system—the records of the legislature will inform how this was done ; —and for my part, I can fee no difficulty in proceeding agreeable to the report of the committee. Mr. Page said that he supposed that the com mittee of the whole is now aCting upon the con stitution as upon a bill—and they have a right, said he, to take up the subjeCt paragraph by pa ragraph. 1 am oppofedto the amendment of the pream ble of the constitution as proposed by the com mittee, as well as to the motion oftlie gentleman from Connecticut—l could wish therefore that we may not consume time in fetling the nicer form of conducting the business—but proceed, after rejecting the firlt amendment, to conficler those that are subsequent in the report. Mr. Livermore replied to Mr. Page —-he said, that with respect to the constitution, the commit tee ltood upon quite different grounds from what they did when discussing a bill, and he contended that it is not in the power either of the legiilature of the United States, or of all the legislatures upou the continent to alter the constitution, unless they were specially empowered by the people to do it. Mr. Jackson advocated the motion of Mr. Sherman —he said, if we repeal this constitution we shall perhaps the next year have to make ano ther —and in that way the people will never be able to know whether they have a permanent constitution or not. —The constitution in my opi nion ought to remain sacred and inviolate—l will refer to the couftitution of England—Magna Charta has remained as it was received from king John to the present day, and the Bill of Rights the fame; and although the rights of the people in several respeCts have been more clcarly ascer tained and defined, those charters remain entire : A constitutional privilege has lately been esta blished in the independency of the Judges, but no alteration in the constitution itfelf was thought proper. All the amendments are fupplementa; y— the sacred depolitof English liberty remains un touched—their great charter remains unaltered, though defeats have been fapplied and additions made. The constitution of the United States has been made by thepeaple ; it is their own aCt, and they have a right to it.—l hope we shall not do any thing to violate or mutilate it. I therefore heartily join in the motion for link ing out the words and adopting the mode propo sed by the gentleman from Connecticut. Several of the gentlemen spoke repeatedly upon the subjeCt, but time will not admit of our enlarging further.—The quelhon 011 Mr. Sher man's motion being taken, it pafled in the ne gative. A doubt was then raised, whether it wasnecef fary that the article in the constitution which re quires that two thirds of the legislature should re commend amendments, fliould be attended to by the committee —this oceafioned a debate, —an ap peal was made to the chairman, who determined that the business while before the committee, fliould be transaCted in the usual manner by a majority—an appeal was made from this judg ment to the house, and 011 the question, being put, whether the chairman's clecifion was in or der, it pafled in the affirmative. The committee then rose, reported progress, and had leave tofit again to-morrow. Adjourned. FRIDAY, AUGUST 14. Hon. Ab iEIFo st f. r,member from New-Hamp shire, appeared,was qualified, and took his feat in the house this day. In committee of the whole on the fubjecft of amendments. Mi'.Trumbull in the chair. Some progress was made in the difcuflion of the report of the seleCt committee.—-The question 011 the fir ft paragraph, after a short debate, was put and carried in the affirmative. lii the fecolid paragraph which refpetftS the number of Reprefcutatives, it was moved that the words " one hundred audfeventy-five" beitruck out, and two hundred inserted. This motion ob tained. The third paragraph, wJpec'iing the eompen fation to the members of the legillature was alk» agreed to. The committee then rofe,ancl reported progress —and the house adjourned till to-morrow, 100' clock. [,Sketches oj the Debates this day, are una voidably om':tted.~\ NEW YORK, AUGUST ij. Extratt of a letter from one of th: eastern States, dated Aug. %. " I perceive by the the proceedings of Con gress, that the house are about to take up the fubjed: of amendments to the constitution—This, if true, will be considered by the friends to fe deral measures, as a stretch of complaisance at the expence of theintereft of the United States. —I never yet met with a stickler for amendments who entertained an idea that this business wouid come upon the carpet, so long as Congrfefs had any thing to do, that was elfential to the organi zation of the government. Many persons are se riously alarmed at this appearance, who have hi therto repressed eVery repining thought, at the llownefs with which public business has progrell ed—fuppofing that nothing would clivers. COll - from the Heady pursuit of those objects on which the hopesof every friend to the Union are founded, till every departmer.it of government was established and compleated, and the fyfteni put in full operation." A correspondent observes, that the fears of those who have been anxious on the score of a mendments, may be entirely done away j for though a majority of the present Congress are undoubtedly friendsto the newgovcrnmen. ; and though the fubjeJl of amendments has lain dor mant, yea, quite ulleep through the Stages lor many months ; and though there is confefledly, very important and neceflary business yet pend ing in the legislature, and though the time of adjournment draweth near ; and though the fubjed: of amendments is a difficult business and will take time and cx.use tedious debates, yet to " quiet the alarms," to " dissipate the appre lienfions" " allay the fears" and " annihilate tliejealoufies or the people"—the amendments are to be immediately attended to. Tliefubje<st of Amendments is now the general topic of conversation :—The fufpenfionthat is oc calioned in the organization of the government, by taking up this mo ft import ant of ail fubjefls at this moment of leifure —this pause in the general expectations of tke people, mull be considered in a pioper point of light—for tlio in two days a cer tain aflembly have hardly got their hand upon the knocke 01 the Door, as a certain hon. gen tleman phraf-d it, yet the whole suit of apart ments, nineteen in number, may be surveyed, examined, altered, amended, curtailed,enlarged, and appropriated, in days, weeks, or months, at fartheft. A public Eifpenfavy isagreat bleflrng to a popu lous city:—Our rival fifte. Philadelphia, is bear ing the palin from us in tliisand several other ref peCts—for altho she may pofl?fs a peculiar knack of turning the bright fide to the day, and fitting off her various improvements in a very confpicuons point of view, yetcomparifons apart, much credit isduetoher pnblic spirit, for her various public institutions : We are however happy to hear, that it is in contemplation to eftablilh a Dispensary in this city. Progress of ARTS and MANUFACTURES. " At Albany they have established a glass manu factory, and at Boston is established another. The Albany glass is as cheap as that from Europe. " In New-York the cp.f?or-nut, orpalma ChriJli, grows well—and one or more mills are ed, for the making of castor-oil. " The cotton.manufacftory is established at Phi ladelphia and Beverly, and will be at Laitcafter or York in Pennsylvania. Theßofton aflembly have granted 5001. to the one at Bevei ly, as a gra t ity for the advancement it has made. It is ca ried 011 with Arkwriglit's machines. " C'arding-machines are made as cheap and as well at Phiadelphia, as in Europe. COLLECTION LAW. To (hew that crowns are of small cnnfcqucnce, Republicans their value prize in ccnis ; One hundred and eleven cents paid down, Will buy the Gallic or the Engli/li crown. ARRIVALS. NEW-YORK. IVedncfday Sloop Col umbia, Infh, Turks-Iflaod, 15 days. Sloop Little Joftph, Merrydav, Richmond, 3 do. Ship Bctfy, Wheaton, New-Castle, Schooner Three-Friends, Marfchalk, Curacoa, Friday Brig Nelly, Allen, Aux-Cayes, 10 days, Sioop Sally, Cook, St. Thomas's, 13 days. Brig Olive Branch, Lawrence, St. Euftatia, 21 do. Sloop Rambler, Peterfon, Rhode-Island 3 days. Sloop Lady-Hayley, Tillinghurft, do. 3 days. Sloop Peggy, Otway, St, Croix, 12 days.