HKB
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.
M^r Randolph considered it necessary to prevent that competition between the National Constitution & laws & those of the particular States, which had already been felt. The officers of the States are already under oath to the States. To preserve a due impartiality they ought to be equally bound to the Nat^l Gov^t. The Nat^l authority needs every support we can give it. The Executive & Judiciary of the States, notwithstanding their nominal independence on the State Legislatures are in fact, so dependent on them, that unless they be brought under some tie to the Nat^l System, they will always lean too much to the State systems, whenever a contest arises between the two.
M^r Gerry did not like the clause. He thought there was as much reason for requiring an oath of fidelity to the States from Nat^l officers, as vice versa.
M^r Luther Martin moved to strike out the words requiring such an oath from the State officers, viz "within the several States," observing that if the new oath should be contrary to that already taken by them it would be improper; if coincident the oaths already taken will be sufficient.
On the question for striking out as proposed by Mr. L. Martin
Mass^{ts} no. Con^t ay. N. Y. no. N. J. ay. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. no.
Question on whole Resolution as proposed by M^r Randolph;
Mass^{ts} ay. Con^t no. N. Y. no. N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.
Com^e rose & House Adj^d.
TUESDAY JUNE 12^{TH} IN COMMITTEE OF WHOLE
The Question taken on the Resolution 15, to wit, referring the new system to the people of the States for ratification it passed in the affirmative Mass^{ts} ay. Con^t no. N. Y. no. N. J. no. P^a[79] ay. Del. div^d. M^d div^d. V^a ay. N. C. ay. S. C. ay. Geo. ay.
[79] Pennsylvania omitted in the printed Journal. The vote is there entered as of June 11th.--Madison's Note.