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 observed that such a mode would destroy the influence of the
smaller States associated with larger ones in the same district; as the
latter would chuse from within themselves, altho' better men might be
found in the former. The election of Senators in Virg^a where large &
small counties were often formed into one district for the purpose, had
illustrated this consequence. Local partiality, would often prefer a
resident within the County or State, to a candidate of superior merit
residing out of it. Less merit also in a resident would be more known
throughout his own State.[45]
[45] "M^r Butler moved to have the proposition relating to the
first branch postponed, in order to take up another,--which
was that the second branch of the Legislature consist of
blank.
"M^r King objected to the postponement for the reasons which he had
offered before."--Pierce's Notes, _Id._, iii., 319.
M^r Sherman favored an election of one member by each of the State
Legislatures.[46]
[46] According to Pierce, Mason spoke after Sherman, and
Pinckney's motion is given more fully by Pierce than by
Madison.
"M^r Mason was of opinion that it would be highly improper to draw the
Senate out of the first branch; that it would occasion vacancies which
would cost much time, trouble, and expense to have filled up,--besides
which it would make the members too dependent on the first branch.
"M^r Ch^s Pinckney said he meant to propose to divide the Continent into
four Divisions, out of which a certain number of persons sh^d be
nominated, and out of that nomination to appoint a senate."--Pierce's
Notes, _Amer. Hist. Rev._, iii., 319.
M^r Pinkney moved to strike out the "nomination by the State
Legislatures;" on this question.
[47]Mass^{ts} no. Con^t no. N. Y. no. N. J. no. Pen^a no. Del.
div^d V^a no. N. C. no. S. C. no. Georg no.
[47] This question is omitted in the printed Journal,
& the votes applied to the succeeding one, instead
of the votes as here stated.--Madison's Note.
On the whole question for electing by the first branch out of
nominations by the State Legislatures, Mass. ay. Con^t no. N. Y. no.
N. Jersey, no. Pen^a no. Del. no. Virg^a ay. N. C. no. S. C. ay. G^a no.
So the clause was disagreed to & a chasm left in this part of the plan.
The sixth Resolution stating the cases in which the national Legislature
ought to legislate was next taken into discussion: On the question
whether each branch sh^d originate laws, there was an unanimous
affirmative without debate. On the question for transferring all the
Legislative power of the existing Cong^s to this Assembly, there was
also a silent affirmative nem. con.
On the proposition for giving "Legislative power in all cases to which
the State Legislatures were individually incompetent,"
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