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
Col. Mason. did not expect this point would have been reagitated. The
essential differences between the two plans, had been clearly stated.
The principal objections ag^{st} that of M^r R. were the _want of
power_ & the _want of practicability_. There can be no weight in the
first as the fiat is not to be _here_, but in the people. He thought
with his colleague M^r R. that there were besides certain crisises, in
which all the ordinary cautions yielded to public necessity. He gave
as an example, the eventual Treaty with G. B. in forming which the
Co[~m]^{srs} of the U. S. had boldly disregarded the improvident
shackles of Cong^s had given to their Country an honorable & happy
peace, and instead of being censured for the transgression of their
powers, had raised to themselves a monument more durable than brass. The
_impracticability_ of gaining the public concurrence he thought was
still more groundless. (M^r Lansing) had cited the attempts of Congress
to gain an enlargement of their powers, and had inferred from the
miscarriage of these attempts, the hopelessness of the plan which he
(M^r L) opposed. He thought a very different inference ought to have
been drawn; viz that the plan which (M^r L) espoused, and which proposed
to augment the powers of Congress, never could be expected to succeed.
He meant not to throw any reflections on Cong^s as a body, much less on
any particular members of it. He meant however to speak his sentiments
without reserve on this subject; it was a privilege of age, and perhaps
the only compensation which nature had given for, the privation of so
many other enjoyments: and he should not scruple to exercise it freely.
Is it to be thought that the people of America, so watchful over their
interests; so jealous of their liberties, will give up their all, will
surrender both the sword and the purse, to the same body, and that too
not chosen immediately by themselves? They never will. They never ought.
Will they trust such a body, with the regulation of their trade, with
the regulation of their taxes; with all the other great powers, which
are in contemplation? Will they give unbounded confidence to a secret
Journal--to the intrigues--to the factions which in the nature of
things appertain to such an Assembly? If any man doubts the existence
of these characters of Congress, let him consult their Journals for
the years 78, 79, & 80.--It will be said, that if the people are
averse to parting with power, why is it hoped that they will part with
it to a National Legislature. The proper answer is that in this case
they do not part with power: they only transfer it from one sett of
immediate Representatives to another sett.--Much has been said of the
unsettled state of the mind of the people, he believed the mind of the
people of America, as elsewhere, was unsettled as to some points; but
settled as to others. In two points he was sure it was well settled. 1.
in an attachment to Republican Government. 2. in an attachment to more
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