The Formation & Evolution of the American Constitution. Madison James
Resol: 9. the words following "that the National Legislature be empowered to institute inferior tribunals." They observed that there was a distinction between establishing such tribunals absolutely, and giving a discretion to the Legislature to establish or not establish them. They repeated the necessity of some such provision.
Mr. Butler. The people will not bear such innovations. The States will revolt at such encroachments. Supposing such an establishment to be useful, we must not venture on it. We must follow the example of Solon who gave the Athenians not the best Government he could devise, but the best they would receive.
Mr. King remarked as to the comparative expence, that the establishment of inferior tribunals would cost infinitely less than the appeals that would be prevented by them.
On this question as moved by Mr. W. & Mr. M.
Mass. ay. Connecticut no. N. Y. divd. N. J.4 ay. Pennsylvania ay. Del. ay. Maryland ay. Virginia ay. N. C. ay. S. C. no. Geo. ay.
The Committee then rose & the House adjourned to 11 OC tomorrow.
1 "Mr. Patterson is one of those kind of Men whose powers break in upon you, and create wonder and astonishment. He is a Man of great modesty, with looks that bespeak talents of no great extent, — but he is a Classic, a Lawyer, and an Orator; — and of a disposition so favorable to his advancement that every one seemed ready to exalt him with their praises. He is very happy in the choice of time and manner of engaging in a debate, and never speaks but when he understands his subject well. This Gentleman is about 43 Y. of age, of a very low stature." — Pierce's Notes, Amer. Hist. Rev., iii., 328.
2 Note in Madison's writing: New Jersey omitted in printed Journal.
3 (This hint was probably meant in terrorem to the smaller States of N. Jersey & Delaware. Nothing was said in reply to it.) — Madison's Note.
4 In printed Journals N. Jersey, no. — Madison's Note.
Wednesday June 6th in Committee of the Whole
Mr. Pinkney according to previous notice & rule obtained, moved "that the first branch of the national Legislature be elected by the State Legislatures, and not by the people;" contending that the people were less fit Judges in such a case, and that the Legislatures would be less likely to promote the adoption of the new Government, if they were to be excluded from all share in it.
Mr. Rutlidge seconded the motion.
Mr. Gerry.1 Much depends on the mode of election. In England the people will probably lose their liberty from the smallness of the proportion having a right of suffrage. Our danger arises from the opposite extreme: hence in Massachusetts the worst men get into the Legislature. Several members of that Body had lately been convicted of infamous crimes. Men of indigence, ignorance & baseness, spare no pains, however dirty to carry their point against men who are superior to the artifices practised. He was not disposed to run into extremes. He was as much principled as ever against aristocracy and monarchy. It was necessary on the one hand that the people should appoint one branch of the Government in order to inspire them with the necessary confidence. But he wished the election on the other to be so modified as to secure more effectually a just preference of merit. His idea was that the people should nominate certain persons in certain districts, out of whom the State Legislatures should make the appointment.
Mr. Wilson. He wished for vigor in the Government, but he wished that vigorous authority to flow immediately from the legitimate source of all authority. The Government ought to possess not only 1st the force, but 2dly the mind or sense of the people at large. The Legislature ought to be the most exact transcript of the whole Society. Representation is made necessary only because it is impossible for the people to act collectively. The opposition was to be expected he said from the Governments, not from the Citizens of the States. The latter had parted as was observed (by Mr. King) with all the necessary powers; and it was immaterial to them, by whom they were exercised, if well exercised. The State officers were to be the losers of power. The people he supposed would be rather more attached to the national Government than to the State Governments as being more important in itself, and more flattering to their pride. There is no danger of improper elections if made by large districts. Bad elections proceed from the smallness of the districts which give an opportunity to bad men to intrigue themselves into office.
Mr. Sherman. If it were in view to abolish the State Governments the elections ought to be by the people. If the State Governments are to be continued, it is necessary in order to preserve harmony between the National & State Governments that the elections to the former should be made by the latter. The right of participating in the National Government would be sufficiently secured to the people by their election of the State Legislatures. The objects of the Union, he thought were few, 1. defence against foreign danger, 2. against internal disputes & a resort to force, 3. Treaties with foreign nations 4. regulating foreign commerce, & drawing revenue from it. These & perhaps a few lesser objects alone rendered a Confederation of the States necessary. All other matters civil & criminal would be much better in the hands of the States. The people are more happy in small than in large States. States may indeed be too small as Rhode Island, & thereby be too subject to faction. Some others were perhaps too large, the powers of Government not being able to pervade them. He was for giving the General Government power to legislate and execute within a defined province.
Col. Mason. Under the existing Confederacy, Congress represent the States and not the people of the States: their acts operate on the States, not on the individuals. The case will be changed in the new plan of Government. The people will be represented; they ought therefore to choose the Representatives. The requisites in actual representation are that the Representatives should sympathize with their constituents; should think as they think, & feel as they feel; and that for these purposes should even be residents among them. Much he said had been alledged against democratic elections. He admitted that much might be said; but it was to be considered that no Government was free from imperfections & evils; and that improper elections in many instances were inseparable from Republican Governments. But compare these with the advantage of this Form in favor of the rights of the people, in favor of human nature. He was persuaded there was a better chance for proper elections by the people, if divided into large districts, than by the State Legislatures. Paper money had been issued by the latter when the former were against it. Was it to be supposed that the State Legislatures then would not send to the National legislature patrons of such projects, if the choice depended on them.
Mr. Madison considered an election of one branch at least of the Legislature by the people immediately, as a clear principle of free Government and that this mode under proper regulations had the additional advantage of securing better representatives, as well as of avoiding too great an agency of the State Governments in the General one. He differed from the member from Connecticut (Mr. Sherman) in thinking the objects mentioned to be all the principal ones that required a National Government. Those were certainly important and necessary objects; but he combined with them the necessity of providing more effectually for the security of private rights, and the steady dispensation of Justice. Interferences with these were evils which had more perhaps than anything else, produced this convention. Was it to be supposed that republican liberty could long exist under the abuses of it practised in some of the States. The gentleman (Mr. Sherman) had admitted that in a very small State, faction & oppression would prevail. It was to be inferred then that wherever these prevailed the State was too small. Had they not prevailed in the largest as well as the smallest tho' less than in