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
M^r Pinkney. The Committee as he had conceived were instructed to report
the proper qualifications of property for the members of the Nat^l
Legislature; instead of which they have referred the task to the Nat^l
Legislature itself. Should it be left on this footing, the first
Legislature will meet without any particular qualifications of property;
and if it should happen to consist of rich men they might fix such
qualifications as may be too favorable to the rich; if of poor men, an
opposite extreme might be run into. He was opposed to the establishment
of an undue aristocratic influence in the Constitution but he thought it
essential that the members of the Legislature, the Executive, and the
Judges, should be possessed of competent property to make them
independent & respectable. It was prudent when such great powers were to
be trusted to connect the tie of property with that of reputation in
securing a faithful administration. The Legislature would have the fate
of the Nation put into their hands. The President would also have a very
great influence on it. The Judges would have not only important causes
between Citizen & Citizen but also where foreigners are concerned. They
will even be the Umpires between the U. States and individual States as
well as between one State & another. Were he to fix the quantum of
property which should be required, he should not think of less than one
hundred thousand dollars for the President, half of that sum for each of
the Judges, and in like proportion for the members of the Nat^l
Legislature. He would however leave the sums blank. His motion was that
the President of the U. S. the Judges, and members of the Legislature
should be required to swear that they were respectively possessed of a
cleared unincumbered Estate to the amount of ---- in the case of the
President &c &c.
M^r Rutlidge seconded the motion, observing that the Committee had
reported no qualifications because they could not agree on any among
themselves, being embarrassed by the danger on one side of displeasing
the people by making them high, and on the other of rendering them
nugatory by making them low.
M^r Elseworth. The different circumstances of different parts of the U.
S. and the probable difference between the present and future
circumstances of the whole, render it improper to have either _uniform_
or _fixed_ qualifications. Make them so high as to be useful in the S.
States, and they will be inapplicable to the E. States. Suit them to the
latter, and they will serve no purpose in the former. In like manner
what may be accommodated to the existing State of things among us, may
be very inconvenient in some future state of them. He thought for these
reasons that it was better to leave this matter to the Legislative
discretion than to attempt a provision for it in the Constitution.
Public-domain text, read in full here on John Shaqi.
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