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
M^r Madison.[20] The necessity of a Gen^l Gov^t supposes that the State
Legislatures will sometimes fail or refuse to consult the common
interest at the expence of their local conveniency or prejudices. The
policy of referring the appointment of the House of Representatives to
the people and not to the Legislatures of the States, supposes that the
result will be somewhat influenced by the mode. This view of the
question seems to decide that the Legislatures of the States ought not
to have the uncontrouled right of regulating the times places & manner
of holding elections. These were words of great latitude. It was
impossible to foresee all the abuses that might be made of the
discretionary power. Whether the electors should vote by ballot or viva
voce, should assemble at this place or that place; should be divided
into districts or all meet at one place, sh^d all vote for all the
representatives; or all in a district vote for a number allotted to the
district; these & many other points would depend on the Legislatures,
and might materially affect the appointments. Whenever the State
Legislatures had a favorite measure to carry, they would take care so to
mould their regulations as to favor the candidates they wished to
succeed. Besides, the inequality of the Representation in the
Legislatures of particular States, would produce a like inequality in
their representation in the Nat^l Legislature, as it was presumable that
the Counties having the power in the former case would secure it to
themselves in the latter. What danger could there be in giving a
controuling power to the Nat^l Legislature? Of whom was it to consist?
1. of a Senate to be chosen by the State Legislatures. If the latter
therefore could be trusted, their representatives could not be
dangerous. 2. of Representatives elected by the same people who elect
the State Legislatures; Surely then if confidence is due to the latter,
it must be due to the former. It seemed as improper in principle, though
it might be less inconvenient in practice, to give to the State
Legislatures this great authority over the election of the
Representatives of the people in the Gen^l Legislature, as it would be
to give to the latter a like power over the election of their
Representatives in the State Legislatures.
[20] Madison wrote to Jefferson, July 18:
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