fringe on the rights of the national government. If the state judges are not sworn to the observance of the new government, will they not judicially determine in favor of their state laws? We are erecting a supreme national government; ought it not to be supported, and can we give it too many sinews?
Mr. GERRY rather supposes that the national legislators ought to be sworn to preserve the state constitutions, as they will run the greatest risk to be annihilated; and therefore moved it.
For Mr. Gerry's amendment, 7 ayes, 4 noes.
Main question then put on the clause or resolve—6 ayes. 5 noes. New York in the negative. Adjourned to to-morrow morning.
Met pursuant to adjournment. Present, eleven states.
The 15th or last resolve was taken into consideration. No debate arose on it, and the question was put and carried—5 states for it, 3 against, and 2 divided. New York in the negative.
Having thus gone through with the resolves, it was found necessary to take up such parts of the preceding resolves as had been postponed or not agreed to. The remaining part of the 4th resolve was taken into consideration.
Mr. SHERMAN moved that the blank of the duration of the first branch of the national legislature be filled with "one year," Mr. RUTLEDGE with "two years," and Mr. JENIFER with "three years."
Mr. MADISON was for the last amendment; observing that it will give it stability, and induce gentlemen of the first weight to engage in it.
Mr. GERRY is afraid the people will be alarmed, as savoring of despotism.
Mr. MADISON. The people's opinions cannot be known, as to the particular modifications which may be necessary in the new government. In general, they believe there is something wrong in the present system that requires amendment; and he could wish to make the republican system the basis of the change, because, if our amendments should fail if securing their happiness, they will despair it can be done in this way, and incline to monarchy.
