The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Mercer was extremely anxious on this point. What led to the
appointment of this Convention? The corruption & mutability of the
Legislative Councils of the States. If the plan does not remedy these,
it will not recommend itself; and we shall not be able in our private
capacities to support & enforce it: nor will the best part of our
Citizens exert themselves for the purpose.--It is a great mistake to
suppose that the paper we are to propose will govern the U. States. It
is The men whom it will bring into the Govern^t and interest in
maintaining it that is to govern them. The paper will only mark out the
mode & the form. Men are the substance and must do the business. All
Gov^t must be by force or influence. It is not the King of France--but
200,000 janisaries of power that govern that Kingdom. There will be no
such force here; influence then must be substituted; and he would ask
whether this could be done, if the members of the Legislature should be
ineligible to offices of State; whether such a disqualification would
not determine all the most influential men to stay at home, & prefer
appointments within their respective States.
M^r Wilson was by no means satisfied with the answer given by M^r
Elseworth to the argument as to the discouragement of merit. The members
must either go a second time into the Legislature, and disqualify
themselves--or say to their Constituents, we served you before only from
the mercenary view of qualifying ourselves for offices, and have^g
answered this purpose we do not chuse to be again elected.
M^r Gov^r Morris put the case of a war, and the Citizen the most capable
of conducting it, happening to be a member of the Legislature. What
might have been the consequence of such a regulation at the
commencement, or even in the Course of the late contest for our
liberties?
On question for postponing in order to take up M^r Pinkney's motion, it
was lost,
N. H. ay. Mas. no. C^t no. N. J. no. P^a ay. Del. ay.
M^d ay. V^a ay. N. C. no. S. C. no. Geo. div^d.
M^r Gov^r Morris moved to insert, after "office," except offices in the
army or navy: but in that case their offices shall be vacated.
M^r Broom 2^{ds} him.
M^r Randolph had been & should continue uniformly opposed to the
striking out of the clause; as opening a door for influence &
corruption. No arguments had made any impression on him, but those which
related to the case of war, and a co-existing incapacity of the fittest
commanders to be employed. He admitted great weight in these, and would
agree to the exception proposed by M^r Gov^r Morris.
M^r Butler & M^r Pinkney urged a general postponem^t of 9. Sect. Art.
VI. till it should be seen what powers would be vested in the Senate,
when it would be more easy to judge of the expediency of allowing the
officers of State to be chosen out of that body.--A general postponement
was agreed to nem. con.
Art: VI. Sect. 10. taken up--"that members be paid by their respective
States."
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