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
3. Will it prevent trespasses of the States on each other? Of these
enough has been already seen. He instanced Acts of Virg^a & Maryland
which gave a preference to their own Citizens in cases where the
Citizens of other States are entitled to equality of privileges by the
Articles of Confederation. He considered the emissions of paper money &
other kindred measures as also aggressions. The States relatively to one
another being each of them either Debtor or Creditor; The creditor
States must suffer unjustly from every emission by the debtor States. We
have seen retaliating Acts on the subject which threatened danger not to
the harmony only, but the tranquillity of the Union. The plan of M^r
Paterson, not giving even a negative on the Acts of the States, left
them as much at liberty as ever to execute their unrighteous projects
ag^{st} each other.
4. Will it secure the internal tranquillity of the States themselves?
The insurrections in Mass^{ts} admonished all the States of the danger
to which they were exposed. Yet the plan of M^r P. contained no
provisions for supplying the defect of the Confederation on this point.
According to the Republican theory indeed, Right & power being both
vested in the majority, are held to be synonymous. According to fact &
experience, a minority may in an appeal to force be an overmatch for the
majority. 1. If the minority happen to include all such as possess the
skill & habits of military life, with such as possess the great
pecuniary resources, one third may conquer the remaining two thirds. 2.
one third of those who participate in the choice of rulers may be
rendered a majority by the accession of those whose poverty disqualifies
them from a suffrage, & who for obvious reasons may be more ready to
join the standard of sedition than that of established Government. 3.
where slavery exists, the Republican Theory becomes still more
fallacious.
5. Will it secure a good internal legislation & administration to the
particular States? In developing the evils which vitiate the political
system of the U. S. it is proper to take into view those which prevail
within the States individually as well as those which affect them
collectively: Since the former indirectly affect the whole; and there is
great reason to believe that the pressure of them had a full share in
the motives which produced the present Convention. Under this head he
enumerated and animadverted on 1. the multiplicity of the laws passed by
the several States. 2. the mutability of their laws. 3. the injustice of
them. 4. the impotence of them: observing that M^r Patterson's plan
contained no remedy for this dreadful class of evils, and could not
therefore be received as an adequate provision for the exigencies of the
Community.
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