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 had always considered this as one of the most exceptionable
parts of the System. As to the numerical argument of M^r Gov^r Morris,
little arithmetic was necessary to understand that 3/4 was more than
2/3, whatever the numbers of the Legislature might be. The example of
New York depended on the real merits of the laws. The Gentlemen citing
it, had no doubt given their own opinions. But perhaps there were others
of opposite opinions who could equally paint the abuses on the other
side. His leading view was to guard against too great an impediment to
the repeal of laws.
M^r Gov^r Morris dwelt on the danger to the public interest from the
instability of laws, as the most to be guarded against. On the other
side there could be little danger. If one man in office will not consent
where he ought, every fourth year another can be substituted. This term
was not too long for fair experiments. Many good laws are not tried long
enough to prove their merit. This is often the case with new laws
opposed to old habits. The Inspection laws of Virginia & Maryland to
which all are now so much attached were unpopular at first.
M^r Pinkney was warmly in opposition to 3/4 as putting a dangerous power
in the hands of a few Senators headed by the President.
M^r Madison. When 3/4 was agreed to, the President was to be elected by
the legislature and for seven years. He is now to be elected by the
people and for four years. The object of the revisionary power is two
fold. 1. to defend the Executive rights 2. to prevent popular or
factious injustice. It was an important principle in this & in the State
Constitutions to check legislative injustice and encroachments. The
Experience of the States had demonstrated that their checks are
insufficient. We must compare the danger from the weakness of 2/3 with
the danger from the strength of 3/4. He thought on the whole the former
was the greater. As to the difficulty of repeals it was probable that in
doubtful cases the policy would soon take place of limiting the duration
of laws so as to require renewal instead of repeal.
The reconsideration being agreed to. On the question to insert 2/3 in
place of 3/4.
N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. no. M^d ay.
M^r McHenry no. V^a no. Gen^l Washington M^r Blair, M^r Madison
no. Col. Mason, M^r Randolph ay. N. C. ay. S. C. ay. Geo. ay.
M^r Williamson, observed to the House that no provision was yet made for
juries in Civil cases and suggested the necessity of it.
M^r Gorham. It is not possible to discriminate equity cases from those
in which juries are proper. The Representatives of the people may be
safely trusted in this matter.
M^r Gerry urged the necessity of Juries to guard ag^{st} corrupt Judges.
He proposed that the Committee last appointed should be directed to
provide a clause for securing the trial by Juries.
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