Constitutional Convention. Remarks on the Manner of Ratifying the Constitution, [10 September 1787]

Constitutional Convention. Remarks on the
Manner of Ratifying the Constitution

[Philadelphia, September 10, 1787]

Mr. Hamilton concurred with Mr. Gerry as to the indecorum of not requiring the approbation of Congress.1 He considered this as a necessary ingredient in the transaction. He thought it wrong also to allow nine States as provided by art XXI. to institute a new Government on the ruins of the existing one.2 He wd. propose as a better modification of the two articles (XXI & XXII) that the plan should be sent to Congress in order that the same if approved by them, may be communicated to the State Legislatures, to the end that they may refer it to State Conventions; each Legislature declaring that if the Convention of the State should think the plan ought to take effect among nine ratifying States, the same shd. take effect accordingly.

Hunt and Scott, Debates description begins Gaillard Hunt and James Brown Scott, eds., The Debates in the Federal Convention of 1787 Which Framed the Constitution of the United States of America. Reported by James Madison (New York, 1920). description ends , 541.

1. Before H spoke, Elbridge Gerry moved to reconsider those articles of the proposed Constitution dealing with the manner in which it was to be ratified. Article XXII of the plan of government reported by the Committee on Detail on August 6 provided that “This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention, that it should be afterwards submitted to a Convention chosen, under the recommendation of its legislature, in order to receive the ratification of such Convention.” In debate on this article on August 31, it was agreed to strike out the words “for their approbation” (Hunt and Scott, Debates description begins Gaillard Hunt and James Brown Scott, eds., The Debates in the Federal Convention of 1787 Which Framed the Constitution of the United States of America. Reported by James Madison (New York, 1920). description ends , 346, 499). Gerry wished to restore the phrase which had been deleted on August 31.

2. Article XXI provided that the ratification of nine states should be sufficient to institute the new government (Hunt and Scott, Debates description begins Gaillard Hunt and James Brown Scott, eds., The Debates in the Federal Convention of 1787 Which Framed the Constitution of the United States of America. Reported by James Madison (New York, 1920). description ends , 346).

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Source Project: Hamilton Papers
Title: Constitutional Convention. Remarks on the Manner of Ratifying the Constitution, [10 September 1787]
Author: Hamilton, Alexander
Date: 10 September 1787

Reference

Cite as: “Constitutional Convention. Remarks on the Manner of Ratifying the Constitution, [10 September 1787],” Founders Online, National Archives, https://founders.archives.gov/documents/Hamilton/01-04-02-0130. [Original source: The Papers of Alexander Hamilton, vol. 4, January 1787 – May 1788, ed. Harold C. Syrett. New York: Columbia University Press, 1962, p. 246.]