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
Doc^r Franklin. It seems to have been imagined by some that the
returning to the mass of the people was degrading the magistrate. This
he thought was contrary to republican principles. In free Governments
the rulers are the servants, and the people their superiors &
sovereigns. For the former therefore to return among the latter was not
to _degrade_ but to _promote_ them. And it would be imposing an
unreasonable burden on them, to keep them always in a State of
servitude, and not allow them to become again one of the Masters.
Question on Col. Masons motion as above; which passed in the affirmative
N. H. ay. Mass^{ts} not on floor. C^t no. N. J. ay. P^a no.
Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.
M^r Gov^r Morris was now ag^{st} the whole paragraph. In answer to Col.
Mason's position that a periodical return of the great officers of the
State into the mass of the people, was the palladium of Civil liberty he
w^d observe that on the same principle the Judiciary ought to be
periodically degraded; certain it was that the Legislature ought on
every principle, yet no one had proposed, or conceived that the members
of it should not be re-eligible. In answer to Doc^r Franklin, that a
return into the mass of the people would be a promotion, instead of a
degradation, he had no doubt that our Executive like most others would
have too much patriotism to shrink from the burthen of his office, and
too much modesty not to be willing to decline the promotion.
On the question on the whole resolution as amended in the words
following--"that a National Executive be instituted--to consist of a
single person--to be chosen by the Nat^l legislature--for the term of
seven years--to be ineligible a 2^d time--with power to carry into
execution the nat^l laws--to appoint to offices in cases not otherwise
provided for--to be removable on impeachment & conviction of
mal-practice or neglect of duty--to receive a fixt compensation for the
devotion of his time to the public service, to be paid out of the Nat^l
treasury"--it passed in the affirmative
N. H. ay. Mass. not on floor. C^t ay. N. J. ay. P^a no. Del.
no. M^d no. V^a div^d. M^r Blair & Col. Mason ay. Gen^l
Washington & M^r Madison no. M^r Randolph happened to be out of
the House. N. C. ay. S. C. ay. Geo. ay.
M^r Mason moved "that the Co[~m]ittee of detail be instructed to receive
a clause requiring certain qualifications of landed property &
citizenship of the U. States, in members of the Legislature, and
disqualifying persons having unsettled Acc^{ts} with or being indebted
to the U. S., from being members of the Nat^l Legislature."--He observed
that persons of the latter descriptions had frequently got into the
State Legislatures, in order to promote laws that might shelter their
delinquencies; and that this evil had crept into Cong^s if Report was to
be regarded.
M^r Pinckney seconded the motion.
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