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
permanency defeated by the equalizing tendency of our laws.
"No free Country has ever been without parties, which are a
natural offspring of Freedom. An obvious and permanent
division of every people is into the owners of the soil, and
the other inhabitants. In a certain sense the country may be
said to belong to the former. If each landholder has an
exclusive property in his share, the Body of Landholders
have an exclusive property in the whole. As the Soil becomes
subdivided, and actually cultivated by the owners, this view
of the subject derives force from the principle of natural
law, which vests in individuals an exclusive right to the
portions of ground with which he has incorporated his labour
& improvements. Whatever may be the rights of others derived
from their birth in the Country, from their interest in the
highways & other parcels left open for common use, as well
as in the national edifices and monuments; from their share
in the public defence, and from their concurrent support of
the Gov^t, it would seem unreasonable to extend the right so
far as to give them when become the majority, a power of
Legislation over the landed property without the consent of
the proprietors. Some barrier ag^{st} the invasion of their
rights would not be out of place in a just and provident
System of Gov^t. The principle of such an arrangement has
prevailed in all Gov^{ts} where peculiar privileges or
interests held by a part were to be secured ag^{st}
violation, and in the various associations where pecuniary
or other property forms the stake. In the former case a
defensive right has been allowed; and if the arrangement be
wrong, it is not in the defense but in the kind of privilege
to be defended. In the latter case, the shares of suffrage,
allotted to individuals have been with acknowledged justice
apportioned more or less to their respective interests in
the Common Stock.
"These reflections suggest the expediency of such a
modification of Gov^t as would give security to the part of
the Society having most at stake and being most exposed to
danger. Three modifications present themselves.
Public-domain text, read in full here on John Shaqi.
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