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 considered the popular election of one branch of the
national Legislature as essential to every plan of free Government. He
observed that in some of the States one branch of the Legislature was
composed of men already removed from the people by an intervening body
of electors. That if the first branch of the general legislature should
be elected by the State Legislatures, the second branch elected by the
first--the Executive by the second together with the first; and other
appointments again made for subordinate purposes by the Executive, the
people would be lost sight of altogether; and the necessary sympathy
between them and their rulers and officers, too little felt. He was an
advocate for the policy of refining the popular appointments by
successive filtrations, but thought it might be pushed too far. He
wished the expedient to be resorted to only in the appointment of the
second branch of the Legislature, and in the Executive & judiciary
branches of the Government. He thought too that the great fabric to be
raised would be more stable and durable, if it should rest on the solid
foundation of the people themselves, than if it should stand merely on
the pillars of the Legislatures.
M^r Gerry did not like the election by the people. The maxims taken from
the British Constitution were often fallacious when applied to our
situation which was extremely different. Experience he said had shewn
that the State legislatures drawn immediately from the people did not
always possess their confidence. He had no objection however to an
election by the people if it were so qualified that men of honor &
character might not be unwilling to be joined in the appointments. He
seemed to think the people might nominate a certain number out of which
the State legislatures should be bound to choose.[42]
[42] "Mr. Strong would agree to the principle, provided it would
undergo a certain modification, but pointed out
nothing."--Pierce's Notes, _Am. Hist. Rev._, iii., 318.
M^r Butler thought an election by the people an impracticable mode.
On the question for an election of the first branch of the national
Legislature, by the people,
Mass^{ts} ay. Connec^t div^d. N. York ay. N. Jersey no. Pen^a ay.
Delaw^r div^d. V^a ay. N. C. ay. S. C. no. Georg^a ay.
The remaiñg Clauses of Resolution 4^{th} relating to the qualifications
of members of the National Legislature, being posp^d nem. con., as
entering too much into detail for general propositions.
The Committee proceeded to Resolution 5. "that the second, (or
senatorial) branch of the National Legislature ought to be chosen by the
first branch out of persons nominated by the State Legislatures."
M^r Spaight contended that the 2^d branch ought to be chosen by the
State Legislatures and moved an amendment to that effect.[43]
Public-domain text, read in full here on John Shaqi.
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