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
do employ at first a number, and not a single person, the number
will in time be set aside, it will only nourish the foetus of a
King, as the honorable gentleman from Virginia very aptly
expressed it, and a King will the sooner be set over us.
It may be imagined by some that this is an Utopian Idea, and
that we can never find men to serve us in the Executive
department, without paying them well for their services. I
conceive this to be a mistake. Some existing facts present
themselves to me, which incline me to a contrary opinion. The
high Sheriff of a County in England is an honorable office, but
it is not a profitable one. It is rather expensive and therefore
not sought for. But yet, it is executed and well executed, and
usually by some of the principal Gentlemen of the County. In
France, the office of Counsellor, or Member of their Judiciary
Parliaments is more honorable. It is therefore purchased at a
high price: There are indeed fees on the law proceedings, which
are divided among them, but these fees do not amount to more
than three Per Cent on the sum paid for the place. Therefore as
legal interest is there at five PerC^t they in fact pay two
PerC^t for being allowed to do the Judiciary business of the
Nation, which is at the same time entirely exempt from the
burden of paying them any salaries for their services. I do not
however mean to recommend this as an eligible mode for our
Judiciary department. I only bring the instance to shew that the
pleasure of doing good & serving their Country and the respect
such conduct entitles them to, are sufficient motives with some
minds to give up a great portion of their time to the Public,
without the mean inducement of pecuniary satisfaction.
Another instance is that of a respectable Society who have made
the experiment, and practised it with success more than one
hundred years. I mean the Quakers. It is an established rule
with them, that they are not to go to law; but in their
controversies they must apply to their monthly, quarterly and
yearly meetings. Committees of these sit with patience to hear
the parties, and spend much time in composing their differences.
In doing this, they are supported by a sense of duty, and the
respect paid to usefulness. It is honorable to be so employed,
but it is never made profitable by salaries, fees or
perquisites. And indeed in all cases of Public service the less
the profit the greater the honor.
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