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 Sherman. Can one man be trusted better than all the others if they
all agree? This was neither wise nor safe. He disapproved of Judges
meddling in politics and parties. We have gone far enough in forming the
negative as it now stands.
M^r Carrol. When the negative to be overruled by 2/3 only was agreed to,
the _quorum_ was not fixed. He remarked that as a majority was now to be
the quorum, 17. in the larger, and 8 in the smaller house might carry
points. The advantage that might be taken of this seemed to call for
greater impediments to improper laws. He thought the controuling power
however of the Executive could not be well decided, till it was seen how
the formation of that department would be finally regulated. He wished
the consideration of the matter to be postponed.
M^r Ghorum saw no end to these difficulties and postponements. Some
could not agree to the form of Government before the powers were
defined. Others could not agree to the powers till it was seen how the
Government was to be formed. He thought a majority as large a quorum as
was necessary. It was the quorum almost every where fixt in the U.
States.
M^r Wilson; after viewing the subject with all the coolness and
attention possible was most apprehensive of a dissolution of the Gov^t
from the legislature swallowing up all the other powers. He remarked
that the prejudices ag^{st} the Executive resulted from a misapplication
of the adage that the parliament was the palladium of liberty. Where the
Executive was really formidable, _King_ and _Tyrant_, were naturally
associated in the minds of people; not _legislature_ and _tyranny_. But
where the Executive was not formidable, the two last were most properly
associated. After the destruction of the King in Great Britain, a more
pure and unmixed tyranny sprang up in the parliament than had been
exercised by the monarch. He insisted that we had not guarded ag^{st}
the danger on this side by a sufficient self-defensive power either to
the Executive or Judiciary department.
M^r Rutlidge was strenuous ag^{st} postponing; and complained much of
the tediousness of the proceedings.
M^r Elseworth held the same language. We grow more & more sceptical as
we proceed. If we do not decide soon, we shall be unable to come to any
decision.
The question for postponement passed in the negative: Del: & Mary^d only
being in the affirmative.
M^r Williamson moved to change, "2/3 of each House" into "3/4" as
requisite to overrule the dissent of the President. He saw no danger in
this, and preferred giving the power to the Presid^t alone, to admitting
the Judges into the business of legislation.
M^r Wilson 2^{ds} the motion; referring to and repeating the ideas of
M^r Carroll.
On this motion for 3/4, instead of two-thirds; it passed in the
affirmative.
N. H. no. Mass. no. C^t ay. N. J. no. Pen^a div^d. Del. ay.
M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. no.
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