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
"In civilized communities, property as well as personal
rights is an essential object of the laws, which encourage
industry by securing the enjoyment of its fruits; that
industry from which property results, & that enjoyment which
consists not merely in its immediate use, but in its
posthumous destination to objects of choice and of kindred
affection.
"In a just & a free Government, therefore, the rights both
of property & of persons ought to be effectually guarded.
Will the former be so in case of a universal & equal
suffrage? Will the latter be so in case of a suffrage
confined to the holders of property?
"As the holders of property have at stake all the other
rights common to those without property, they may be the
more restrained from infringing, as well as the less tempted
to infringe the rights of the latter. It is nevertheless
certain, that there are various ways in which the rich may
oppress the poor; in which property may oppress liberty; and
that the world is filled with examples. It is necessary that
the poor should have a defence against the danger.
"On the other hand, the danger to the holders of property
cannot be disguised, if they be undefended against a
majority without property. Bodies of men are not less swayed
by interest than individuals, and are less controlled by the
dread of reproach and the other motives felt by individuals.
Hence the liability of the rights of property, and of the
impartiality of laws affecting it, to be violated by
Legislative majorities having an interest real or supposed
in the injustice: Hence agrarian laws, and other leveling
schemes: Hence the cancelling or evading of debts, and other
violations of contracts. We must not shut our eyes to the
nature of man, nor to the light of experience. Who would
rely on a fair decision from three individuals if two had an
interest in the case opposed to the rights of the third?
Make the number as great as you please, the impartiality
will not be increased; nor any further security against
injustice be obtained, than what may result from the greater
difficulty of uniting the wills of a greater number.
Public-domain text, read in full here on John Shaqi.
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