John Jay Papers
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Extracts from Francis Childs’s Debates, 25 June 1788

Extracts from Francis Childs’s Debates

[[Poughkeepsie], Wednesday, June 25. [1788]]

[Samuel Jones moves to amend Art. I, sec. 4, concerning the time, place, and manner of elections of Senators and Representatives. JJ defends the Constitutional provision giving Congress the power to make or alter regulations by the state legislatures and to “prevent the dissolution of the Union.”]

The honorable Mr. Jay said that as far as he understood the ideas of the gentleman [Samuel Jones], he seemed to have doubts with respect to this paragraph, and feared it might be misconstrued and abused. He said that every government was imperfect, unless it had a power of preserving itself. Suppose that by design or accident the states should neglect to appoint representatives; certainly there should be some constitutional remedy for this evil. The obvious meaning of the paragraph was, that if this neglect should take place, Congress should have power by law to support the government and prevent the dissolution of the union. He believed this was the design of the federal convention.

[Remarks by R. Morris and G. Clinton appear here]

Mr. Jay did not think the gentleman had taken up the matter right. The will of the people certainly ought to be the law; but the only question was, how was this will to be expressed? Whether the will of the people, with respect to the time, place and manner of holding elections, ought to be expressed by the general government, or by the state legislatures.

PtD, Childs, Debates description begins Francis Childs, The Debates and Proceedings of the Convention of the State of New-York, Assembled at Poughkeepsie, on the 17th June, 1788. To Deliberate and Decide on the Form of Federal Government Recommended by the General Convention at Philadelphia, on the 17th September, 1787. Taken in Short Hand (New York, 1788; Early Am. Imprints, series 1, no. 21310) description ends , 88; DHRC description begins John P. Kaminski, Gaspare J. Saladino, Richard Leffler, Charles H. Schoenleber, and Margaret A. Hogan, eds. Documentary History of the Ratification of the Constitution (28 vols. to date; Madison, Wis., 1976–) description ends , 22: 1905.

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