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
M^r Madison, s^d he was much disposed to concur in any expedient not
inconsistent with fundamental principles, that could remove the
difficulty concerning the rule of representation. But he could neither
be convinced that the rule contended for was just, nor necessary for the
safety of the small States ag^{st} the large States. That it was not
just, had been conceded by M^r Breerly & M^r Paterson themselves. The
expedient proposed by them was a new partition of the territory of the
U. States. The fallacy of the reasoning drawn from the equality of
Sovereign States in the formation of compacts, lay in confounding
together mere Treaties, in which were specified certain duties to which
the parties were to be bound, and certain rules by which their subjects
were to be reciprocally governed in their intercourse, with a compact by
which an authority was created paramount to the parties, & making laws
for the government of them. If France, England & Spain were to enter
into a Treaty for the regulation of commerce &c. with the Prince of
Monacho & 4 or 5 other of the smallest sovereigns of Europe, they would
not hesitate to treat as equals, and to make the regulations perfectly
reciprocal. W^d the case be the same, if a Council were to be formed of
deputies from each with authority and discretion, to raise money, levy
troops, determine the value of coin &c.? Would 30 or 40, million of
people submit their fortunes into the hands of a few thousands? If they
did it would only prove that they expected more from the terror of their
superior force, than they feared from the selfishness of their feeble
associates. Why are Counties of the Same States represented in
proportion to their numbers? Is it because the representatives are
chosen by the people themselves? So will be the representatives in the
Nation^l Legislature. Is it because, the larger have more at stake than
the smaller? The Case will be the same with the larger & smaller States.
Is it because the laws are to operate immediately on their persons &
properties? The same is the case in some degree as the articles of
confederation stand; the same will be the case in a far greater degree,
under the plan proposed to be substituted. In the cases of captures, of
piracies, and of offences in a federal army, the property & persons of
individuals depend on the laws of Cong^s. By the plan proposed a
compleat power of taxation, the highest prerogative of supremacy is
proposed to be vested in the National Gov^t. Many other powers are added
which assimilate it to the Gov^t of individual States. The negative
proposed on the State laws, will make it an essential branch of the
State Legislatures & of course will require that it should be exercised
by a body established on like principles with the other branches of
those Legislatures.--That it is not necess[~a]y to secure the small States
ag^{st} the large ones he conceived to be equally obvious: Was a
Public-domain text, read in full here on John Shaqi.
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