Mr. HAMILTON seconded the motion.
Mr. RUTLEDGE said he never could agree to give a power by which the articles relating to slaves might be altered by the states not interested in that property, and prejudiced against it. In order to obviate this objection, these words were added to the proposition:[1]
"provided that no amendments, which may be made prior to the year 1808, shall in any manner affect the fourth and fifth sections of the seventh article."
The postponement being agreed to,—
On the question on the proposition of Mr. Madison and Mr. Hamilton, as amended,—
Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Delaware, no, 1; New Hampshire, divided.259
Mr. GERRY moved to reconsider articles 21 and 22; from the latter of which "for the approbation of Congress," had been struck out. He objected to proceeding to change the government without the approbation of Congress, as being improper, and giving just umbrage to that body. He repeated his objections, also, to an annulment of the Confederation with so little scruple or formality.
Mr. HAMILTON concurred with Mr. Gerry as to the indecorum of not requiring the approbation of Congress. He considered this as a necessary ingredient in the transaction. He thought it wrong, also, to allow nine states, as provided by article 21, to institute a new government on the ruins of the existing one. He would propose, as a better modification of the two articles, (21 and 22,) that the plan should be sent to Congress, in order that the same, if approved by them, may be communicated to the state legislatures, to the end that they may refer it to state conventions; each legislature declaring that, if the convention of the state should think the plan ought to take effect among nine ratifying states, the same should take effect accordingly.
Mr. GORHAM. Some states will say that nine states shall be sufficient to establish the plan; others will require unanimity for the purpose, and the different and conditional ratifications will defeat the plan altogether.
Mr. HAMILTON. No convention convinced of the necessity of the plan will refuse to give it effect, on the adoption by nine states. He thought this mode less exceptionable than the one proposed in the article, while it would attain the same end.
Mr. FITZSIMONS remarked, that the words "for their approbation" had been struck out in order to save Congress from the necessity of an act inconsistent with the Articles of Confederation, under which they held their authority.
Mr. RANDOLPH declared, if no change should be made in this part of the plan, he should be obliged to dissent from the whole of it.
- ↑ The printed Journal makes the succeeding proviso as to the fourth and fifth sections of the seventh article, moved by Mr. Rutledge, part of the proposition of Mr. Madison.
