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
law of Nations? Is not the danger to the former exactly in proportion to
their weakness. But there are cases still more in point. What was the
condition of the weaker members of the Amphyctionic Confederacy.
Plutarch (life of Themistocles) will inform us that it happened but too
often that the strongest cities corrupted & awed the weaker, and that
Judgment went in favor of the more powerful party. What is the condition
of the lesser states in the German Confederacy? We all know that they
are exceedingly trampled upon: and that they owe their safety as far as
they enjoy it, partly to their enlisting themselves, under the rival
banners of the pre-eminent members, partly to alliances with
neighbouring Princes which the Constitution of the Empire does not
prohibit. What is the state of things in the lax system of the Dutch
Confederacy? Holland contains about 1/2 the People, supplies about 1/2
of the money, and by her influence, silently & indirectly governs the
whole republic. In a word; the two extremes before us are a perfect
separation & a perfect incorporation, of the 13 States. In the first
case they would be independent nations subject to no law, but the law of
nations. In the last, they would be mere counties of one entire
republic, subject to one common law. In the first case the smaller
States would have every thing to fear from the larger. In the last they
would have nothing to fear. The true policy of the small States
therefore lies in promoting those principles & that form of Gov^t which
will most approximate the States to the condition of counties. Another
consideration may be added. If the Gen^l Gov^t be feeble, the large
States distrusting its continuance, and foreseeing that their importance
& security may depend on their own size & strength, will never submit to
a partition. Give to the Gen^l Gov^t sufficient energy & permanency, &
you remove the objection. Gradual partitions of the large, & junctions
of the small States will be facilitated, and time may effect that
equalization, which is wished for by the small States now, but can never
be accomplished at once.
M^r Wilson. The leading argument of those who contend for equality of
votes among the States is that the States as such being equal, and being
represented not as districts of individuals, but in their political &
corporate capacities, are entitled to an equality of suffrage. According
to this mode of reasoning the representation of the boroughs in Engl[~d]
which has been allowed on all hands to be the rotten part of the
Constitution, is perfectly right & proper. They are like the States
represented in their corporate capacity like the States therefore they
are entitled to equal voices, old Sarum to as many as London. And
instead of the injury supposed hitherto to be done to London, the true
ground of Complaint lies with old Sarum: for London instead of two which
is her proper share, sends four representatives to Parliament.[117]
Public-domain text, read in full here on John Shaqi.
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