The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
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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
"As appointments for the General Government here
contemplated will, in part, be made by the State Gov^{ts},
all the Citizens in States where the right of suffrage is
not limited to the holders of property, will have an
indirect share of representation in the General Government.
But this does not satisfy the fundamental principle that men
cannot be justly bound by laws in making which they have no
part. Persons & property being both essential objects of
Government, the most that either can claim, is such a
structure of it as will leave a reasonable security for the
other. And the most obvious provision, of this double
character, seems to be that of confining to the holders of
property the object deemed least secure in popular Gov^{ts}
the right of suffrage for one of the two Legislative
branches. This is not without example among us, as well as
other constitutional modifications, favouring the influence
of property in the Government. But the U. S. have not
reached the stage of Society in which conflicting feelings
of the Class with, and the Class without property, have the
operation natural to them in Countries fully peopled. The
most difficult of all political arrangements is that of so
adjusting the claims of the two Classes as to give security
to each and to promote the welfare of all. The federal
principle,--which enlarges the sphere of power without
departing from the elective basis of it and controuls in
various ways the propensity in small republics to rash
measures & the facility of forming & executing them, will be
found the best expedient yet tried for solving the
problem."--Madison's Note.
* * * * *
"Note to the speech of J. M. on the [7^{th}.] day of
[August].
"These observations (in the speech of J. M. see debates in
the Convention of 1787, on the [7^{th}.] day of [August]) do
not convey the speaker's more full & matured view of the
subject, which is subjoined. He felt too much at the time
the example of Virginia.
"The right of suffrage is a fundamental Article in
Republican Constitutions. The regulation of it is, at the
same time, a task of peculiar delicacy. Allow the right
exclusively to property, and the rights of persons may be
oppressed. The feudal polity, alone sufficiently proves it.
Extend it equally to all, and the rights of property, or the
claims of justice, may be overruled by a majority without
property or interested in measures of injustice. Of this
abundant proof is afforded by other popular Gov^{ts} and is
not without examples in our own, particularly in the laws
impairing the obligation of contracts.
Public-domain text, read in full here on John Shaqi.
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