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
Col. Mason objected to the term "_shall_"--fullfil the engagements &
discharge the debts &c. as too strong. It may be impossible to comply
with it. The Creditors should be kept in the same plight. They will in
one respect be necessarily and properly in a better. The Government will
be more able to pay them. The use of the term _shall_ will beget
speculations and increase the pestilent practice of stock-jobbing. There
was a great distinction between original creditors & those who purchased
fraudulently of the ignorant and distressed. He did not mean to include
those who have bought Stock in open market. He was sensible of the
difficulty of drawing the line in this case, but he did not wish to
preclude the attempt. Even fair purchasers at 4. 5. 6. 8 for 1 did not
stand on the same footing with the first Holders, supposing them not to
be blameable. The interest they receive even in paper, is equal to their
purchase money. What he particularly wished was to leave the door open
for buying up the securities, which he thought would be precluded by the
term "shall" as requiring _nominal payment_, & which was not
inconsistent with his ideas of public faith. He was afraid also the word
"_shall_," might extend to all the old continental paper.
M^r Langdon wished to do no more than leave the Creditors in statu quo.
M^r Gerry said that for himself he had no interest in the question being
not possessed of more of the securities than would, by the interest, pay
his taxes. He would observe however that as the public had received the
value of the literal amount, they ought to pay that value to some body.
The frauds on _the soldiers_ ought to have been foreseen. These poor &
ignorant people could not but part with their securities. There are
other creditors who will part with any thing rather than be cheated of
the capital of their advances. The interest of the States he observed
was different on this point, some having more, others less than their
proportion of the paper. Hence the idea of a scale for reducing its
value had arisen. If the public faith would admit, of which he was not
clear, he would not object to a revision of the debt so far as to compel
restitution to the ignorant & distressed, who have been defrauded. As to
stock-jobbers he saw no reason for the censures thrown on them. They
keep up the value of the paper. Without them there would be no market.
M^r Butler said he meant neither to increase nor diminish the security
of the Creditors.
M^r Randolph moved to postpone the clause in favor of the following "All
debts contracted & engagements entered into, by or under the authority
of Cong^s shall be as valid ag^{st} the U. States under this
constitution as under the Confederation."
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