The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
in different Shapes, sometimes in an Executive, sometimes in a Military,
one. Is there no danger of a Legislative despotism? Theory & practice
both proclaim it. If the Legislative authority be not restrained, there
can be neither liberty nor stability; and it can only be restrained by
dividing it within itself, into distinct and independent branches. In a
single House there is no check, but the inadequate one, of the virtue &
good sense of those who compose it.
On another great point, the contrast was equally favorable to the plan
reported by the Committee of the whole. It vested the Executive powers
in a single Magistrate. The plan of N. Jersey, vested them in a
plurality. In order to controul the Legislative authority, you must
divide it. In order to controul the Executive you must unite it. One man
will be more responsible than three. Three will contend among themselves
till one becomes the master of his colleagues. In the triumvirates of
Rome first Cæsar, then Augustus, are witnesses of this truth. The Kings
of Sparta, & the Consuls of Rome prove also the factious consequences of
dividing the Executive Magistracy. Having already taken up so much time
he w^d not he s^d, proceed to any of the other points. Those on which he
had dwelt, are sufficient of themselves; and on the decision of them,
the fate of the others will depend.
M^r Pinkney,[87] the whole comes to this, as he conceived. Give N.
Jersey an equal vote, and she will dismiss her scruples, and concur in
the Nat^l system. He thought the Convention authorized to go any length
in recommending; which they found necessary to remedy the evils which
produced this Convention.
[87] Yates states it was C. C. Pinckney who said this.--_Secret
Proceedings_, etc., 123.
M^r Elseworth proposed as a more distinctive form of collecting the mind
of the Committee on the subject, "that the Legislative power of the
U.S. should remain in Cong^s" This was not seconded, though it seemed
better calculated for the purpose than the 1^{st} proposition of M^r
Patterson in place of which Mr. E. wished to substitute it.
Public-domain text, read in full here on John Shaqi.
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