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
General Pinkney wished to have a good National Gov^t & at the same time
to leave a considerable share of power in the States. An election of
either branch by the people scattered as they are in many States,
particularly in S. Carolina was totally impracticable. He differed from
gentlemen who thought that a choice by the people w^d be a better guard
ag^{st} bad measures, than by the Legislatures. A majority of the people
in S. Carolina were notoriously for paper-money as a legal tender; the
Legislature had refused to make it a legal tender. The reason was that
the latter had some sense of character and were restrained by that
consideration. The State Legislatures also he said would be more
jealous, & more ready to thwart the National Gov^t, if excluded from a
participation in it. The Idea of abolishing these Legislatures w^d never
go down.
M^r Wilson would not have spoken again, but for what had fallen from Mr.
Read; namely, that the idea of preserving the State Gov^{ts} ought to be
abandoned. He saw no incompatibility between the national & State
Gov^{ts} provided the latter were restrained to certain local purposes;
nor any probability of their being devoured by the former. In all
confederated Systems antient & modern the reverse had happened; the
Generality being destroyed gradually by the usurpations of the parts
composing it.
On the question for electing the 1^{st} branch by the State Legislatures
as moved by M^r Pinkney: it was negatived:
Mass. no. C^t ay. N. Y. no. N. J. ay. P^a no. Del. no. M^d no.
V^a no. N. C. no. S. C. ay. Geo. no.
M^r Wilson moved to reconsider the vote excluding the Judiciary from a
share in the revision of the laws, and to add after "National Executive"
the words "with a convenient number of the national Judiciary;"
remarking the expediency of reinforcing the Executive with the influence
of that Department.
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