Page:The Records of the Federal Convention of 1787 Volume 2.djvu/97

 RECORDS OF THE FEDERAL CONVENTION 93 Monday MADISON Jly 23 could change the constitution under which it held its exist- ence. There might indeed be some Constitutions within the Union which had given a power to the Legislature to concur in alterations of the federal Compact. But there were certainly some which had not; and in the case of these, a ratification must of necessity be obtained from the people. He considered the difference between a system founded on the Legislatures only, and one founded on the people, to be the true difference between a league or treaty, and a Constitution. The former in point of moral obligation might be as inviolable as the latter. In point of political operation, there were two important distinc- tions in favor of the latter. x. A law violating a treaty ratified by a preexisting law, might be respected by the Judges as a law, though an unwise or perfidious one. A law violating a constitu- tion established by the people themselves, would be considered by the Judges as null & void. z. The doctrine laid down by the law of Nations in the case of treaties is that a breach of any one article by any of the parties, frees the other parties from their engagements. In the case of a union of people under one Constitution, the nature of the pact has always -been understood to exclude such an interpretation. Comparing the two modes in point of expediency he thought all the considerations which recommended this Convention in preference to Congress for proposing the reform were in favor of State Conventions in preference to the Legislatures for examining and adopting it. On question on Mr Elseworth's motion to refer the plan to the Legislatures of the States N.H. no. 'Mas. no. Ct. ay. Pa. no- Del. ay- Md. ay. Va. no. N- C- no. S. C- no. Geo. no. [Ayes--3; noes- 7.] Mr. Govr. Morris moved that the reference of the plan be made to one general Convention, chosen & authorized by the people to consider, amend, & establish the same. --Not seconded. On question for agreeing to Resolution x9, touching the mode of Ratification (as reported from the Committee of the Whole; viz to refer the Constn. after the approbation of Congs. to assemblies chosen by the people. 5 Revised from Journal.

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