Extracts from John McKesson’s Notes of Debates, [11] July 1788
Extracts from John McKesson’s Notes of Debates
Poughkeepsie, [11] July 1788
Mr. Jay A proposition
That the Constitution should be so far ratified as to go into Operation except as to certain parts which should not operate until a Convention
Not admissable
It called on Congress to admit this State into Congress upon Conditions not contained in that Constitution
Could this have been admitted
What Powers will this Congress have—
Can they change any Article of it—
Will the Constitution authorize Congress to alter or Change any part of it—
Have Congress any such Power
If not when are we— We must of Necessity remain out of the Union—
It said such will be the necessity of Union that Congress will Accept it and that it amounts to a ratification
Can an Agreemt. to a part amount to an Adoption of the whole
I wish some mode to be fallen on for the union of the whole
We must suspend our Assent until it can be shewn
We are Sent here on a most important Occasion
Our Constituents calmly to consider and wisely to decide on the proposition before us—
We Were sent here to serve general Purposes and promote public Good
We should reason together—let us reason first and decide afterwards
This Constitution is the work of freemen who have given to world the Highest Evidence of Patriotism disinterestedness wisdom & great Abilities—
Therefore let us examine Cautiously before we reject Consider farther— This Constitution taken into Considerat. by ten different Conventions chosen in 10 different States—
There have been great Men who have had Doubts
But here are eleven Verdicts in favour of it— That it would be expedient for this Country to adopt it—
If there be a Question of Right vs wrong and it be tried by 10
with Respects to the Merits of this Constitution it has been fully discus[s]ed
The Question reduced to this point— The Advantages in one Scale the Disadvantages in another—
I shall be able to say in the day of Judgmt. that I think it expedient for this
With respect to respect to expediency as to our national Situat[ion] they have been fully developed—
The insufficiency of our Confederat[ion]
If we change we shall exchange for the Better
This Constitution has been adopted by 10 States— It has grown too fast to be pulled up by the Roots— Can it be supposed a Convention will be called— Or that another Constitution will be obtained—
It will be answered we only hope for Amendmts.
Is there a single Condition which the Congress of the United States have Power to make— Will any man say Congress shall have power to alter a Constitution—
Then how are we to get Amendmts—
I say as other States—and it is reasonable we should get Amendments if they are necessary in the Same way—
That is in the way the Constitution has pointed out—
Are the other States less attentive to their Rights than we— Are they less wise to discover their Rights— have given less room for Confidence then we— No.
We are to consider this Country as one People divided
Should we not then let every thing be the result of joint Counsels and joint Deliberations
Then when should we dictate and insist that the other States should come down to our Terms—
If they had it, would they come down to it—
Would we not hereafter repent it—
Example the Septenial Parliam[ent]1
Will not Rhode Island say she must have her Terms—
Let us Consider
We remain out of the Union—for you cannot wish that Congress should Trample
How long shall we then continue out of the Union—
Until the Amendments we wish for shall be made—
How long will [it] be—perhaps two years— It must be near that Time—
Where shall we be in the Mean Time—
Standing upon our own Ground unconnected in Policy wth. our Neighbours—
Will that give no uneasiness—
With respect to the People of this State
Will your Govt. be respected your Magistrates be obeyed party heats Subside—
Heats are Abroad—Parties formed and forming—
some affraid of them others wishing for them
Is this desirous
Are all parts of the State happy and easy in their Situation—
Have not Some of your Laws given discontent—
Have the Burthens been equally laid
Their Apprehensions and their Fears rather than their hopes encrease
Yet those men warmly advocate this Constitution—
The men who have born the greatest Burthens most advocate this Constitution—
It would [be] most happy for this State to continue in union—
We have much to fear from the Passions of the People—
Is that part of the State surrounded with peacemaking mediatorial Neighbours— Will those Neighbours be interested
Other Considerations—
This Govt. will be organized and we have no hand [in] it—
Many important Laws will & must then be passed
They may affect our Rights and Interests
Our Explanatory Amendmts
Can we have any Representation there to state our explanatory Amendmts. and procure Laws for the purpose—
These are not threats— This is prudence—
Are there other Evil Consequences
Consider them
Is it [of] no Importance that Congress should sit in your State form Connections,
Is it of Importance that you have the Treasury of the united States
Is
The Sittings of Congress is worth 100,000 [dollars] a year
The sitting of Congress is worth much to a certain Branch of Commerce
All the Hard Money in the City of New York arise from the Sitting of Congress there—
If it is not
If Congress have no power to receive us on other Terms All Conditions are wrong—
The General Sense of all the States is to have Amendments Many Men of Virtue think amendmts. necessary The door is open
Are Circumstances now and Six Months ago the Same—
Many Considera[tions] now exist which did not exist. The Ground is changed—
Let us join with our Neighbours to obtain the same Ends in the same way—
Let us agree and be una[ni]mous— have no Ideas of Victory— We will have our Constitution you will have your A[men]dments
Resolution proposed …
Mr. Jay— Congress to be called in Virtue of the Constitution—
They can neither encress nor diminish their Power—
How then can they suspend the operatn of these Articles untill a certain Contingency can happen—
How can Congress justify to lay Taxes on other States—and only make a requisition on this State—
Can Congress call out the Militia of other States for a longer Period, and ours for only Six Weeks or apply to the Legislature—
Ten States have Adopted this Constitution—Congress cannot receive or Govern us on any other Terms even for a Single Day or a Moment—…
Mr. Jay— You take away the discretion of Congress— They might ask for Militia or not ask—you say they shall ask—
Will the other States be content—
They will ask what right had you to make Exemptions—
Can We agree with Suffolk County that they shall …
Mr. Jay— When a Contract is offered if doubtful Articles they may be explained. If the explanation is concurred in by Congress they are agreed— If Congress do not so understand it—then New York has not ratified it—
Gent. Says If we make a Contract we have a right to consider of it—
Who is the Contract with—with the People of the other States—
I Grant Congress can exercise the Power in that way if they Please—
I agree they may exercise it as they please— But can they tie up their Hands …
Mr. Jay— It is new way of Answering difficult Questions to ask others—
Here are fish always swiming in Salt water yet how
If we ask Congress to do what they have no power to do they ought not to do it—and we shall not be without Blame—
If Congress has power it must be delegated to them— Shew me the Power that they can dispense with one Article for a Moment—
It is Sacred cannot be changed— Power was not born with Congress They must have got it by delegation—…
AD, NHi: McKesson notes (EJ: 13422); , 22: 2131–33, 2135–37. For the complete notes of debates for 11 July, in which JJ, RRL, Melancton Smith, Richard Morris, and John Lansing Jr. were the major participants, see , 22: 2130–41.
1. After the Whig Party obtained control of the House of Commons in 1715, it passed the Septennial Act of 1716 to lengthen its tenure to as long as seven years and avoid an election too soon after the Jacobite uprising of 1715. The act replaced the Triennial Act of 1694 and postponed the next parliamentary election from 1718 to 1722. Although many considered it unconstitutional for sitting members of the House of Commons elected for three years to extend their terms to seven years, the act was not altered until 1911, when the tenure of Parliament was reduced to five years. , 22: 2141–42.