Volume II Part 15 (2/2)

The word ”respectively” was inserted after the word ”State.”

On the motion of M^r Read the word ”their” was struck out, & ”regulations in such cases” inserted in place of ”provisions concerning them” the clause then reading--”but regulations in each of the foregoing cases may at any time, be made or altered by the Legislature of the U.

S.” This was meant to give the Nat^l Legislature a power not only to alter the provisions of the States, but to make regulations in case the States should fail or refuse altogether.

Art. VI. Sect. 1. as thus amended was agreed to nem. con.

Adjourned.

FRIDAY AUG^{ST} 10. IN CONVENTION

Art. VI. Sect. 2. taken up.

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 Const.i.tution 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 uninc.u.mbered 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 embarra.s.sed 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 circ.u.mstances of different parts of the U.

S. and the probable difference between the present and future circ.u.mstances 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 Const.i.tution.

Doct^r Franklin expressed his dislike of every thing that tended to debase the spirit of the common people. If honesty was often the companion of wealth, and if poverty was exposed to peculiar temptation, it was not less true that the possession of property increased the desire of more property. Some of the greatest rogues he was ever acquainted with, were the richest rogues. We should remember the character which the Scripture requires in Rulers, that they should be men hating covetousness. This Const.i.tution will be much read and attended to in Europe, and if it should betray a great partiality to the rich will not only hurt us in the esteem of the most liberal and enlightened men there, but discourage the common people from removing to this Country.

The Motion of M^r Pinkney was rejected by so general a _no_, that the States were not called.

M^r Madison was opposed to the Section as vesting an improper & dangerous power in the Legislature. The qualifications of electors and elected were fundamental articles in a Republican Gov^t and ought to be fixed by the Const.i.tution. If the Legislature could regulate those of either, it can by degrees subvert the Const.i.tution. A Republic may be converted into an aristocracy or oligarchy as well by limiting the number capable of being elected, as the number authorized to elect. In all cases where the representatives of the people will have a personal interest distinct from that of their Const.i.tuents, there was the same reason for being jealous of them, as there was for relying on them with full confidence, when they had a common interest. This was one of the former cases. It was as improper as to allow them to fix their own wages, or their own privileges. It was a power also which might be made subservient to the views of one faction ag^{st} another. Qualifications founded on artificial distinctions may be devised, by the stronger in order to keep out partizans of a weaker faction.

M^r Elseworth, admitted that the power was not unexceptionable; but he could not view it as dangerous. Such a power with regard to the electors would be dangerous because it would be much more liable to abuse.

M^r Gov^r Morris moved to strike out ”with regard to property” in order to leave the Legislature entirely at large.

M^r Williamson. This would surely never be admitted. Should a majority of the Legislature be composed of any particular description of men, of lawyers for example, which is no improbable supposition, the future elections might be secured to their own body.

M^r Madison observed that the British Parliam^t possessed the power of regulating the qualifications both of the electors, and the elected; and the abuse they had made of it was a lesson worthy of our attention. They had made the changes in both cases subservient to their own views, or to the views of political or Religious parties.

Question on the motion to strike out with regard to property

N. H. no. Ma.s.s. no. C^t ay. N. J. ay. P^a ay. Del.[21] no.

M^d no. V^a no. N. C. no. S. C. no. Geo. ay.

[21] In the printed Journal Delaware did not vote--Madison's Note.

M^r Rutlidge was opposed to leaving the power to the Legislature--He proposed that the qualifications should be the same as for members of the State Legislatures.

M^r Wilson thought it would be best on the whole to let the Section go out. A uniform rule would probably never be fixed by the Legislature, and this particular power would constructively exclude every other power of regulating qualifications.

On the question for agreeing to Art. VI. Sect. 2^d

<script>