my colleagues in the federal Convention, whether this was not a sine qua non of the Union. Of all the amendments, this is the most destructive, which requires the consent of three fourths of both houses to treaties ceding or restraining territorial rights. This is priding in the Virginia sovereignty, in opposition to the majority. This suspected Congress, these corrupt sixty-five and corrupt twenty-six, are brought so low they cannot be trusted, lest they should have it in their power to lop off part of Virginia—cede it, so as that it should become a colony to some foreign state. There is no power in the Constitution to cede any part of the territories of the United States. The whole number of Congress, being unanimous, have no power to suspend or cede territorial rights. But this amendment admits, in the fullest latitude, that Congress have a right to dismember the empire.
His amendment respecting the militia is unnecessary. The same powers rest in the states by the Constitution. Gentlemen were repeatedly called upon to show where the power of the states over the militia was taken away, but they could not point it out.
[He read the 12th amendment.]—Will this be a melioration of the Constitution? I wish to know what is meant by the words police and good government! These words may lead to complete tyranny in Congress. Perhaps some gentlemen think that these words relate to particular objects, and that they will diminish and confine their powder. They are most extensive in their significations, and will stretch and dilate it, and all the imaginary horrors of the honorable gentleman will be included in this amendment.
[He read the 13th amendment.]—I was of this opinion myself; but I informed you before why I changed it.
[He read the 14th amendment.]—If I were to propose an amendment on this subject, it would be to limit the word arising. I would not discard it altogether, but define its extent. The jurisdiction of the judiciary in cases arising under the system, I should wish to be defined, so as to prevent its being extended unnecessarily: I would restrain the appellate cognizance as to fact, and prevent oppressive and vexatious appeals.
[He read the 15th amendment.]—The right of challenging and excepting, I hope, has clearly appeared to the committee to be a necessary appendage of the trial by jury itself.
Permit me now to make a few remarks on the proposal of
