Tuesday August 7, 1787
In Convention of the Whole
James Madison's Notes
The Report of the Committee of detail being taken up,
Mr. Pinkney moved that it be referred to a Committee of the whole. This was strongly opposed by Mr Ghorum and several others, as likely to produce unnecessary delay; and was negatived. Delaware Maryd. & Virga. only being in the affirmative. 1
Art: III. 4 considered. Col. Mason doubted the propriety of giving each branch a negative on the other "in all cases". There were some cases in which it was he supposed not intended to be given as in the case of balloting for appointments.
Mr. Govr. Morris moved to insert "legislative acts" instead of "all cases"
Mr Williamson 2ds. him.
Mr. Sherman. This will restrain the operation of the clause too much. It will particularly exclude a mutual negative in the case of ballots, which he hoped would take place.
Mr. Ghorum contended that elections ought to be made by joint ballot . If separate ballots should be made for the President, and the two branches should be each attached to a favorite, great delay, contention & confusion may ensue. These inconveniences have been felt in Masts. in the election of officers of little importance compared with the Executive of the U. States. The only objection agst. a joint ballot is that it may deprive the Senate of their due weight; but this ought not to prevail over the respect due to the public tranquility & welfare.
Mr. Wilson was for a joint ballot in several cases at least; particularly in the choice of the President, and was therefore for the amendment. Disputes between the two Houses, during & concerng the vacancy of the Executive, might have dangerous consequences.
Col. Mason thought the amendment of Govr. Morris extended too far. Treaties are in a subsequent part declared to be laws, they will be therefore subjected to a negative; altho' they are to be made as proposed by the Senate alone. He proposed that the mutual negative should be restrained to "cases requiring the distinct assent" of the two Houses.
Mr. Govr. Morris thought this but a repetition of the same thing; the mutual negative and distinct assent, being equavalent expressions. Treaties he thought were not laws.
Mr Madison 5 moved to strike out the words "each of which shall in all cases, have a negative on the other; the idea being sufficiently expressed in the preceding member of the Article; vesting the "legislative power" in "distinct bodies". especially as the respective powers and mode of exercising them were fully delineated in a subsequent article.
Genl. Pinkney 2ded. the motion
On a question for inserting legislative Acts as moved by Mr Govr. Morris
N. H. ay. Mas. ay. Ct. ay. Pa. ay. Del. no. Md no. Va. no. N. C. ay. S. C. no. Geo. no. [Ayes--5; noes--5.]
On question for agreeing to' Mr M's motion to strike out &c--
N. H. ay. Mas. ay. Ct. no. Pa. ay. Del. ay. Md. no. Va. ay. N- C- no. S. C. ay. Geo. ay. [Ayes--7; noes--3.]
Mr Madison wished to know the reasons of the Come for fixing by ye. Constitution the time of Meeting for the Legislature; and suggested, that it be required only that one meeting at least should be held every year leaving the time to be fixed or varied by law.
Mr. Govr. Mor moved to strike out the sentence. It was improper to tie down the Legislature to a particular time, or even to require a meeting every year. The public business might not require it.
Mr. Pinckney concurred with Mr Madison
Mr. Ghorum. If the time be not fixed by the Constitution, disputes will arise in the Legislature; and the States will be at a loss to adjust thereto, the times of their elections. In the N. England States, the annual time of meeting had been long fixed by their Charters and Constitutions, and no inconveniency had resulted. He thought it necessary that there should be one meeting at least every year as a check on the Executive department.
Mr. Elseworth was agst. striking out the words. The Legislature will not know till they are met whether the public interest required their meeting or not. He could see no impropriety in fixing the day, as the Convention could judge of it as well as the Legislature.
Mr. Wilson thought on the whole it would be best to fix the day.
Mr. King could not think there would be a necessity for a meeting every year. A great vice in our system was that of legislating too much. The most numerous objects of legislation belong to the States. Those of the Natl. Legislature were but few. The chief of them were commerce dr revenue. When these should be once settled, alterations would be rarely necessary & easily made.
Mr Madison thought if the time of meeting should be fixed by a law it wd. be sufficiently fixed & there would be no difficulty then as had been suggested, on the part of the States in adjusting their elections to it. One consideration appeared to him to militate strongly agst. fixing a time by the Constitution. It might happen that the Legislature might be called together by the public exigencies & finish their Session but a short time before the annual period. In this case it would be extremely inconvenient to reassemble so quickly & without the least necessity. He thought one annual meeting ought to be required; but did not wish to make two unavoidable.
Col. Mason thought the objections against fixing the time insuperable; but that an annual meeting ought to be required as essential to the preservation of the Constitution. The extent of the Country will supply business. And if it should not, the Legislature, besides legislative , is to have inquisitorial powers, which can not safely be long kept in a State of suspension.
Mr. Sherman was decided for fixing the time, as well as for frequent meetings of the Legislative body. Disputes and difficulties will arise between the two Houses, & between both & the States, if the time be changeable--frequent meetings of Parliament were required at the Revolution in England as an essential safeguard of liberty. So also are annual meetings in most of the American charters and constitutions. There will be business eno' to require it. The Western Country, and the great extent and varying state of our affairs in general will supply objects.
Mr. Randolph 6 was agst. fixing any day irrevocably; but as there was no provision made any where in the Constitution for regulating the periods of meeting, and some precise time must be fixed, untill the Legislature shall make provision, he could not agree to strike out the words altogether. Instead of which he moved to add the words following--"unless a different day shall be appointed by law." 7
Mr. Madison 2ded. the motion, & on the question
N. H. no. Mas. ay. Ct. no. Pa. ay. Del. ay. Md ay. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes--8; noes--2.]
Mr. Govr. Morris moved to strike out Decr. & insert May. It might frequently happen that our measures ought to be influenced by those in Europe, which were generally planned during the Winter and of which intelligence would arrive in the Spring.
Mr. Madison 2ded. the motion. he preferred May to Deer. because the latter would require the travelling to & from the Seat of Govt. in the most inconvenient seasons of the year.
Mr. Wilson. The Winter is the most convenient season for business.
Mr. Elseworth. The summer will interfere too much with private business, that of almost all the probable members of the Legislature being more or less connected with agriculture.
Mr Randolph. The time is of no great moment now, as the Legislature can vary it. On looking into the Constitutions of the States, he found that the times of their elections with which the elections of the Natl. Representatives would no doubt be made to co-incide, would suit better with Decr than May. And it was advisable to render our innovations as little incommodious as possible.
On question for "May" instead of "Decr."
N- H. no. Mas. no. Ct. no. Pa. no. Del. no. Md. no. Va. no. N. C. no. S. C. ay. Geo. ay. [Ayes--2; noes--8.]
Mr. Read moved to insert after the word "Senate" the words "subject 8 to the Negative to be hereafter provided". His object was to give an absolute negative to the Executive--He considered this as so essential to the Constitution, to the preservation of liberty, & to the public welfare, that his duty compelled him to make the motion.
Mr. Govr. Morris 2ded. him. And on the question
N. H. no. Mas. no. Ct. no. Pa. no. Del. ay. Md. no. Va. no. N. C. no. S. C. no. Geo. no. [Ayes--1; noes--9.]
Mr. Rutlidge. Altho' it is agreed on all hands that an annual meeting of the Legislature should be made necessary, yet that point seems not to be freed from doubt as the clause stands. On this suggestion. "Once at least in every year." were inserted, nem. con.
Art. III with the foregoing alterations was agd. to nem. con. and is as follows "The Legislative power shall be vested in a Congress to consist of 2 separate & distinct bodies of men; a House of Reps. & a Senate. The Legislature shall meet at least once in every year, and such meeting shall be on the 1st. monday in Decr. unless a different day shall be appointed by law". 8
"Art IV. Sect. 1. 9 taken up."
Mr. Govr. Morris moved to strike out the last member of the section beginning with the words "qualifications" of Electors." in order that some other provision might be substituted which wd. restrain the right of suffrage to freeholders.
Mr. Fitzsimmons 2ded. the motion
Mr. Williamson was opposed to it.
Mr. Wilson. This part of the Report was well considered by the Committee, and he did not think it could be changed for the better. It was difficult to form any uniform rule of qualifications for all the States. Unnecessary innovations he thought too should be avoided. It would be very hard & disagreeable for the same persons, at the same time, to vote for representatives in the State Legislature and to be excluded from a vote for those in the Natl. Legislature.
Mr. Govr. Morris. Such a hardship would be neither great nor novel. The people are accustomed to it and not dissatisfied with it, in several of the States. In some the qualifications are different for the choice of the Govt. & Representatives; In others for different Houses of the Legislature, Another objection agst. the clause as it stands is that it makes the qualifications of the Natl. Legislature depend on the will of the States, which he thought not proper.
Mr. Elseworth. thought the qualifications of the electors stood on the most proper footing. The right of suffrage was a tender point, and strongly guarded by most of the State Constitutions. The people will not readily subscribe to the Natl. Constitution, if it should subject them to be disfranchised. The States are the best Judges of the circumstances and temper of their own people.
Col. Mason. The force of habit is certainly not attended to by those gentlemen who wish for innovations on this point. Eight or nine States have extended the right of suffrage beyond the freeholders. What will the people there say, if they should be disfranchised. A power to alter the qualifications would be a dangerous power in the hands of the Legislature.
Mr. Butler. There is no right of which the people are more jealous than that of suffrage Abridgments of it tend to the same revolution as in Holland, where they have at length thrown all power into the hands of the Senates, who fill up vacancies themselves, and form a rank aristocracy.
Mr. Dickenson. had a very different idea of the tendency of vesting the right of suffrage in the freeholders of the Country. He considered them as the best guardians of liberty; And the restriction of the right to them as a necessary defence agst. the dangerous influence of those multitudes without property & without principle, with which our Country like all others, will in time abound. As to the unpopularity of the innovation it was in his opinion chemirical. The great mass of our Citizens is composed at this time of freeholders, and will be pleased with it.
Mr Elseworth. How shall the freehold be defined? Ought not every man who pays a tax to vote for the representative who is to levy & dispose of his money? Shall the wealthy merchants and manufacturers, who will bear a full share of the public burdens be not allowed a voice in the imposition of them--taxation and representation ought to go together.
Mr. Govr. Morris. He had long learned not to be the dupe of words. The sound of Aristocracy therefore, had no effect on him. It was the thing, not the name, to which he was opposed, and one of his principal objections to the Constitution as it is now before us, is that it threatens this Country with an Aristocracy. The aristocracy will grow out of the House of Representatives. Give the votes to people who have no property, and they will sell them to the rich who will be able to buy them. We should not confine our attention to the present moment. The time is not distant when this Country will abound with mechanics & manufacturers who will receive their bread from their employers. Will such men be the secure & faithful Guardians of liberty? Will they be the impregnable barrier agst. aristocracy?--He was as little duped by the association of the words, "taxation & Representation"--The man who does not give his vote freely is not represented. It is the man who dictates the vote. Children do not vote. Why? because they want prudence. because they have no will of their own. The ignorant & the dependent can be as little trusted with the public interest. He did not conceive the difficulty of defining "freeholders" to be insuperable. Still less that the restriction could be unpopular. 9/10 of the people are at present freeholders and these will certainly be pleased with it. As to Merchts. &c. if they have wealth & value the right they can acquire it. If not they don't deserve it.
Col. Mason. We all feel too strongly the remains of antient prejudices, and view things too much through a British Medium. A Freehold is the qualification in England, & hence it is imagined to be the only proper one. The true idea in his opinion was that every man having evidence of attachment to & permanent common interest with the Society ought to share in all its rights & privileges. Was this qualification restrained to freeholders? Does no other kind of property but land evidence a common interest in the proprietor? does nothing besides property mark a permanent attachment. Ought the merchant, the monied man, the parent of a number of children whose fortunes are to be pursued in their own Country, to be viewed as suspicious characters, and unworthy to be trusted with the common rights of their fellow Citizens
Mr. Madison. the right of suffrage is certainly one of the fundamental articles of republican Government, and ought not to be left to be regulated by the Legislature. A gradual abridgment of this right has been the mode in which Aristocracies have been built on the ruins of popular forms. Whether the Constitutional qualification ought to be a freehold, would with him depend much on the probable reception such a change would meet with in States where the right was now exercised by every description of people. In several of the States a freehold was now the qualification. Viewing the subject in its merits alone, the freeholders of the Country would be the safest depositories of Republican liberty. In future times a great majority of the people will not only be without landed, but any other sort of, property. These will either combine under the influence of their common situation; in which case, 10 the rights of property & the public liberty, 11 will not be secure in their hands: or which is more probable, they will become the tools of opulence & ambition, in which case there will be equal danger on another side. The example of England has been misconceived (by Col Mason). A very small proportion of the Representatives are there chosen by freeholders. The greatest part are chosen by the Cities & boroughs, in many of which the qualification of suffrage is as low as it is in any one of the U. S. and it was in the boroughs & Cities rather than the Counties, that bribery most prevailed, & the influence of the Crown on elections was most dangerously exerted. 12
Docr. Franklin. It is of great consequence that we shd. not depress the virtue & public spirit of our common people; of which they displayed a great deal during the war, and which contributed principally to the favorable issue of it. He related the honorable refusal of the American seamen who were carried in great numbers into the British Prisons during the war, to redeem themselves from misery or to seek their fortunes, by entering on board the Ships of the Enemies to their Country; contrasting their patriotism with a contemporary instance in which the British seamen made prisoners by the Americans, readily entered on the ships of the latter on being promised a share of the prizes that might be made out of their own Country. This proceeded he said, from the different manner in which the common people were treated in America & G. Britain. He did not think that the elected had any right in any case to narrow the privileges of the electors. He quoted as arbitrary the British Statute setting forth the danger of tumultuous meetings, and under that pretext, narrowing the right of suffrage to persons having freeholds of a certain value; observing that this Statute was soon followed by another under the succeeding Parliamt. subjecting the people who had no votes to peculiar labors & hardships. He was persuaded also that such a restriction as was proposed would give great uneasiness in the populous States. The sons of a substantial farmer, not being themselves freeholders, would not be pleased at being disfranchised, and there are a great many persons of that description.
Mr. Mercer. The Constitution is objectionable in many points, but in none more than the present. He objected to the footing on which the qualification was put, but particularly to the mode of election by the people. The people can not know & judge of the characters of Candidates. The worse possible choice will be made. He quoted the case of the Senate in Virga. as an example in point- The people in Towns can unite their votes in favor of one favorite; & by that means always prevail over the people of the Country, who being dispersed will scatter their votes among a variety of candidates.
Mr. Rutlidge thought the idea of restraining the right of suffrage to the freeholders a very unadvised one. It would create division among the people & make enemies of all those who should be excluded.
On the question for striking out as moved by Mr. Govr. Morris, from the word "qualifications" to the end of the III article
N. H. no. Mas. no. Ct. no. Pa. no. Del. ay. Md. divd. Va. no. N. C. no. S. C. no. Geo. not prest. [Ayes--1; noes--7; divided--1; absent--1.]
1: Taken from Journal.
2: Crossed out: "Caption".
3: Article I. "The stile of the Government shall be, 'The United States of America'."
Article II. "The Government shall consist of supreme legislative, executive, and judicial powers."
4: Article III. "The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate; each of which shall in all cases have a negative on the other. The Legislature shall meet on the first Monday in December every year."
5: Crossed out: "Mr. Pinkney".
6: Crossed out: "Mr. Pinckney was opposed to".
7: Revised from Journal.
8: Revised from Journal.
9: Article IV, Sect. 1. "The members of the House of Representatives shall be chosen every second year, by the people of the several States comprehended within this Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several States, of the most numerous branch of their own legislatures,"
10: Crossed out: "if the authority be in their hands by the rule of suffrage".
11: Crossed out: "good, will not he thought bid fair to be very secure".
12: "Note to Speech of J. Madison of August 7th, 1787.
As appointments for the General Government here contemplated will, in part, be made by the State Governments: 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 of which they have no part. Persons and 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 Governments, the right of suffrage for one of the two Legislative branches. This is not without example among us, as well as other Constitutional modifications, favoring the influence of property in the Government. But the United States 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 controls in various ways the propensity in small republics to rash measures and the facility of forming and executing them, will be found the best expedient yet tried for solving the problem." Madison Papers, Library of Congress, Vol. IV, p. 7.