Page:The Records of the Federal Convention of 1787 Volume 2.djvu/635

 RECORDS OF THE FEDERAL CONVENTION (52 Saturday MADISON September serted the words "when the Legislature cannot be Con- vened")7 Art-- V. "The Congress, whenever two thirds of both Houses shall deem necessary, or on the application of two thirds of the Legislatures of the several States shall propose amendments to this Constitution, which shall be valid to all intents and purposes as part thereof, when the same shall have been ratified by three fourths at least of the Le�atures of the several States, or by Conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided that no amendment which may be made prior to the year 1808 shall in any manner affect the (I & 4 clauses in the 9.) section of article I ." Mr. Sherman expressed his fears that three fourths of the States might be brought to do things fatal to particular States, as abolishing them altogether or depriving them of their equality in the Senate. He thought it reasonable that the proviso in favor of the States importing slaves should be extended so as to provide that no State should be affected in its internal police, or deprived of its equality in the SenatE. Col: Mason thought the plan of amending the Constitu- tion exceptionable & dangerous. As the proposing of amend- ments is in.both the modes to depend, in the first immediately, and in the second, ultimately, on Congress, no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive, as he verily be- lieved would be the case. 8 Mr. Govt. Morris & Mr. Gerry moved to amend the article so as to require a Convention on application of { of the Sts Mr Madison did not see why Congress would not be as 7 Taken from Journal, see above note x. s In the margin of his copy of the draft of September Iz, Mason had written: "Article 5th --By this article Congress only have the power of proposing amend- ments at any future time to this constitution and should it prove ever so oppressive, the whole people of America can't make, or even propose alterations to it; a doctrine utterly subversive of the fundamental principles of the rights and liberties of the people." See also Appendix A, CCLXIX.

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