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
the State Gov^{ts} in possession of what the people wish them to retain.
He could not discover, therefore any danger whatever on the side from
which it was apprehended. On the contrary, he conceived that in spite of
every precaution the General Gov^t would be in perpetual danger of
encroachments from the State Gov^{ts}.
M^r Madison was of opinion that there was 1. less danger of encroachment
from the Gen^l Gov^t than from the State Gov^{ts} 2. that the mischief
from encroachments would be less fatal if made by the former, than if
made by the latter. 1. All the examples of other confederacies prove the
greater tendency in such systems to anarchy than to tyranny; to a
disobedience of the members than usurpations of the federal head. Our
own experience had fully illustrated this tendency.--But it will be said
that the proposed change in the principles & form of the Union will vary
the tendency; that the Gen^l Gov^t will have real & greater powers, and
will be derived in one branch at least from the people, not from the
Gov^{ts} of the States. To give full force to this objection, let it be
supposed for a moment that indefinite power should be given to the Gen^l
Legislature, and the States reduced to Corporations dependent on the
Gen^l Legislature; Why sh^d it follow that the Gen^l Gov^t w^d take from
the States any branch of their power as far as its operation was
beneficial, and its continuance desireable to the people? In some of the
States, particularly in Connecticut, all the Townships are incorporated,
and have a certain limited jurisdiction. Have the Representatives of the
people of the Townships in the Legislature of the State ever endeavoured
to despoil the Townships of any part of their local authority? As far as
this local authority is convenient to the people they are attached to
it; and their representatives chosen by & amenable to them, naturally
respect their attachment to this, as much as their attachment to any
other right or interest. The relation of a General Gov^t to State
Gov^{ts} is parallel. 2. Guards were more necessary ag^{st}
encroachments of the State Gov^{ts} on the Gen^l Gov^t than of the
latter on the former. The great objection made ag^{st} an abolition of
the State Gov^{ts} was that the Gen^l Gov^t could not extend its care to
all the minute objects which fall under the cognizance of the local
jurisdictions. The objection as stated lay not ag^{st} the probable
abuse of the general power, but ag^{st} the imperfect use that could be
made of it throughout so great an extent of country, and over so great a
variety of objects. As far as its operation would be practicable it
could not in this view be improper; as far as it would be impracticable,
the conveniency of the Gen^l Gov^t itself would concur with that of the
people in the maintenance of subordinate Governments. Were it
practicable for the Gen^l Gov^t to extend its care to every requisite
object without the cooperation of the State Gov^{ts} the people would
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