Skip to comments.Journal of the Federal Convention August 7th 1787
Posted on 08/07/2011 3:24:17 AM PDT by Jacquerie
Report of the Committee of Detail, Preamble Through Article IV Section 1. Presidential Election by Joint or Separate Sessions of Congress? Annual Sessions. Legislating Too Much. Inquisitorial Powers. Travel Weather. Broad Legislative Powers? Freeholders. Voting Franchise. Dickinson & Morris on Suffrage. Taxation and Representation. Madisons Prediction. Franklin Speech. American v. British Sailors.
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 & several others, as likely to produce unnecessary delay; and was negatived. Delaware Maryd & Virga only being in the affirmative.
The preamble of the Report was agreed to nem. con. So were Art: I & II. [FN1]
Art: III. [FN2], [FN3] 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 Mr. Govr. Morris extended too far. Treaties are in a subsequent part declared to be laws, they will be therefore [FN4] 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 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 [FN5] question for inserting legislative Acts as moved by Mr. Govr. Morris. [FN6]
N. H. ay. Mas. ay. Ct. ay. Pa. ay. Del. no. Md. no. Va. no. N. C. ay. S. C. no. Geo. no. [FN7]
On [FN5] 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. [FN8]
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. MORRIS 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. PINKNEY 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 & Constitutions, and no inconveniency [FN9] 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 & 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 & 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 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."
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. [FN10]
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 Decr. 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 election [FN11] of the Natl. Representatives would no doubt be made to co-incide, would suit better with Decr. than May. And it was adviseable to render our innovations as little incommodious as possible.
On [FN12] 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. [FN13]
Mr. READ moved to insert after the word "Senate" the words, "subject 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. [FN14]
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." "Art IV. Sect. 1. [FN15], [FN16] 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. FITZIMMONS 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 Govr. & [FN17] 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 & 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. DICKINSON. 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 & manufacturers, who will bear a full share of the public burdens be not allowed a voice in the imposition of them- taxation & 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 [FN18] 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 [FN19] 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 [FN20] 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 his 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 [FN21] 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, the rights of property & the public liberty, will not be secure in their hands: or which [FN22] 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 had 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 in any 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. [FN23]
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 the 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. [FN24]
FN1 See ante.
FN2 See ante.
FN3 The word "being" is here inserted in the transcript.
FN4 The words "be therefore" are changed in the transcript to "therefore be."
FN5 The word "the" is here inserted in the transcript.
FN6 The phrase "it passed in the negative, the votes being equally divided," is here inserted in the transcript.
FN7 In the transcript the vote reads: "New Hampshire, Massachusetts, Connecticut, Pennsylvania, North Carolina, aye-5; Delaware, Maryland, Virginia, South Carolina, Georgia, no-5"
FN8 In the transcript the vote reads: "New Hampshire, Massachusetts, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, aye-7; Connecticut, Maryland, North Carolina, no-3."
FN9 The word "inconveniency" is changed in the transcript to "inconvenience."
FN10 In the transcript the vote reads: "Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina South Carolina, Georgia, aye-8; New Hampshire, Connecticut, no-2."
FN11 The word "election" is used in the plural in the transcript.
FN12 The word "the" is here inserted in the transcript.
FN13 In the transcript the vote reads: "South Carolina, Georgia, aye-2; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, no-8."
FN14 In the transcript the vote reads: aye-1; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, no-9."
FN15 See ante.
FN16 The words "was then" are here inserted in the transcript.
FN17 The words "of the" are here inserted in the transcript.
FN18 The word "upon" is substituted in the transcript for "on."
FN19 The word "the" is substituted in the transcript for "this."
FN20 The word "manufacturers" is substituted in the transcript for "manufactures."
FN21 The word "the" is here inserted in the transcript.
FN22 The word "which" is crossed out in the transcript and "what" is written above it.
FN23 In the transcript the following footnote is here added: "See Appendix No.-for a note of Mr. Madison to this speech."
FN24 In the transcript the vote reads: "Delaware, aye-1; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, no-7; Maryland, divided; Georgia, not present"
Charles Pinckney (SC) moved to refer the report to the Committee of the Whole. It was defeated 6-3.
The preamble and Articles I & II were agreed to without opposition.
Next was 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.
George Mason (VA) questioned the propriety of giving each branch a negative on the other "in all cases; for instance in balloting (for President)
Governeur Morris (PA) motioned and Hugh Williamson (NC) seconded to substitute legislative acts instead.
Roger Sherman (CN) thought it would restrain operation of the clause too much, as in the case of ballots.
Nathaniel Gorham (MA) offered a solution with Joint Sessions of Congress. (Each house could not negate the vote of the other) How else could Congress ballot for President? (Congress at this point would elect the President)
James Wilson (PA) supported Joint Sessions. Disputes between the houses in electing a President could have dangerous consequences.
George Mason (VA) brought up treaties, were they not laws and therefore subject to negation?
Governeur Morris (PA) viewed Treaties distinct from laws.
James Madison (VA) moved and Charles Pinckney (SC) seconded to strike out the words "each of which shall in all cases, have a negative on the other.
On the question each of which shall in all cases have a negative on the legislative acts of the other, did not pass on a 5-5 vote.
On the question to strike the following clause out of the third article namely each of which shall, in all cases, have a negative on the other, passed 7-3.
Article III now read, 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. The Legislature shall meet on the first Monday in December every year.
James Madison (VA) queried why a set date to meet. That could be set by subsequent law or not at all if Congress did not need to meet each year. (If only!)
Governeur Morris (PA) and Charles Pinckney (SC) agreed. A Constitutionally determined date was not necessary.
Nathaniel Gorham (MA) (I did not follow very well his first couple of points) said no problems arose from set dates in the New England States. An annual session was needed, if for nothing else, as a check on the Executive branch.
Judge Oliver Ellsworth (CN) and James Wilson (PA) saw no impropriety with setting a date. Legislatures often do not know if there is public business to conduct until they meet.
Rufus King (MA), in a quote for the ages, A great vice in our system was that of legislating too much. Most objects of legislation belong to States. The National Government will have little to do outside of commerce and taxation. (The way it should be.)
James Madison (VA) said dates of meeting could be set as easily by law. What if business concluded but a short time before the annual session? The inconvenience would be unnecessary.
George Mason (VA) considered a set time as essential to the preservation of the Constitution. Our growing country will supply the business. If nothing else, the inquisitorial powers of Congress will take time. (I could not find such inquisitorial powers in the Constitution, yet we are all aware of Congressional subpoenas, and testimony under oath. Are these powers inherent in the Legislative power?)
Roger Sherman (CN) favored fixing the date. Enough business would be had.
Governor Edmund Randolph solved the conundrum. He moved to add, and Mr. Madison seconded, unless a different day shall be appointed by law."
His motion carried 8-2.
Governeur Morris (PA) moved to meet in May v. December. Mr. Madison seconded because the weather would be far better for travel.
Judge Oliver Ellsworth (CN) said summer sessions would interfere too much with agriculture, the predominant business of likely Congressional members.
Governor Edmund Randolph noted that most State elections would better coincide with December sessions, but whatever was decided mattered little for it could be changed.
The motion to begin sessions in May v. December failed, 8-2.
Judge George Read (DE) motioned and Governeur Morris (PA) seconded to give the President an absolute veto over bills. It was essential to the public welfare and preservation of liberty
Mr. Reads motion failed to pass, 9-1.
John Rutlidge (SC) motioned to insert Once at least in every year as reflecting the intent of the Convention. It was agreed to without opposition.
Article III now read, "The Legislative power shall be vested in a Congress to consist of two separate & distinct bodies of men; a House of Representatives & a Senate The Legislature shall meet at least once in every year, and such meeting shall be on the 1st. Monday in December unless a different day shall be appointed by law."
(Notice use of the broad term, Legislative Power. Recall that Article I Section 1 of the completed Constitution opens with, All legislatives Powers herein granted shall be vested in a Congress of the United States . . . The distinction is significant. Not all legislative powers were given to Congress, but rather those herein granted, i.e., enumerated. Compare this to Articles II & III, in which unqualified wording is used to grant Executive and Judicial Powers.)
Article IV Section 1 taken up, 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. (This was a simple solution to what would otherwise have been serious trouble at the State Ratifying Conventions.)
Governeur Morris (PA) motioned and Thomas Fitzsimmons (PA) seconded to positively restrict the voting franchise to freeholders (land-owners).
Hugh Williamson (NC) opposed.
James Wilson (PA) (a member of the Committee of Detail) said the Article was well considered by the committee. He advised against a uniform rule, for in some States the people would be able to vote for their State reps but not for their National representative.
Governeur Morris (PA) did not think much of the burden Mr. Wilson described. The people are used to differing voting qualifications for Governor and their Reps and Senators. His primary objection was letting the States decide.
Judge Oliver Ellsworth (CN) (also a committee member) noted the issue stood on the most proper footing. Suffrage would be a tender point. (A nationwide standard would have been a club for the anti-federalists) Let the States judge the temper of their people.
George Mason (VA) said eight or nine States had extended the franchise beyond freeholders. (This is noteworthy. The topic of property qualifications in our young country comes up often at FR. From Mr. Masons comment it is apparent that qualifications had eased in recent times.) To disenfranchise some of these people would be dangerous.
Pierce Butler (SC) said that to abridge the franchise was to invite revolution.
John Dickinson (DE) supported the freehold qualification. Almost all were freeholders and would support it. Most importantly, it served as the best guardian of liberty by removing the influence of the masses without property or principle, which would certainly increase as the country grew. (How prescient!)
Judge Oliver Ellsworth (CN) asked, how would the freehold be defined? Shouldnt anyone who pays taxes have a say? What of merchants and manufacturers who will shoulder much of the burden? Taxation and representation ought to go together. (Cant argue against a maxim of the Revolutionary Struggle, right?)
Governeur Morris (PA) (in a slam directed at Mr. Ellsworth) would not be the dupe of words, and be silenced by taxation and representation. In a twist I do not entirely follow, he said future generations could expect an Aristocracy to grow from the House of Reps. Ignorant people who sold their votes to the highest bidder will apparently elect the wealthy.
(IIRC, vote buying by consular candidates was an open and unfortunate habit in the late Roman Republic. At least Mr. Morris feared vote buying with private funds. The purchase of votes with promises of Treasury, taxpayer funds is just a modern, corrupt version of ancient decadence.)
Mr. Morris, like Mr. Dickinson could not trust the ignorant and dependent with the voting franchise. Defining freeholder was not an insuperable task. If merchant and mechanics have wealth, they can acquire the requisite real estate if they wish.
George Mason (VA) supported the franchise for those with a positive stake in our country, not just land owners. We were perhaps too wedded to old ideas like the freehold, which was required in Great Britain. Should the merchants, mechanics and parents of several children who will pursue their fortunes in this country be viewed with suspicion?
James Madison (VA) (great speech) viewed the vote as fundamental to republican government. It should not be subject to the whims of legislation, a quick trip to aristocracy. (Here he considered the possible practical outcome of their decision) He would support a freehold requirement if he thought it would be accepted by States with expansive suffrage. There is no doubt that freeholders would be the best repository of Republican liberty. In the future, a majority of citizens will have nothing.
These will either combine under the influence of their common situation; in which case, the rights of property & the public liberty, 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.
(I doubt the modern rat party would surprise the Framers.)
Dr. Benjamin Franklin (PA) reminded all of the sacrifice and patriotism of the common people during the war. Captured American sailors by and large resisted enlistment in the Royal Navy and suffered hell on earth in rotten prison hulks. Elected men had no right to narrow the privileges of such men. Also, the sons of a substantial freeholder would not be pleased to be denied the franchise.
John Mercer (MD) objected to popular elections.
John Rutlidge (SC) would not limit the franchise as proposed, as it would promote ill feelings all around.
On the question to strike the last clause of Article IV Section1, (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.) it was defeated 7-1-1.
This last stretch, from August 7th to September 10th will be an endurance test. The summer dragged on and so did most of the delegates. Long hours in Convention plus committee work for many delegates six days a week, combined to produce a punishing routine. Through it all, Mr. Madison managed to keep daily notes, though admittedly more terse than before the recess. Most delegates had heavy personal and State business responsibilities that went neglected. The nations business suffered as well since fourteen of the Convention members were also delegates to the Confederate Congress. In contrast to the first half of the Convention, there will be heavy committee work as the delegates continued to hash out the details. When a contentious issue threatened to stall progress, a committee would take it up as the Convention moved on. In this way, in the smaller committee setting, seemingly unrelated issues like taxes and slavery could be addressed and solutions found amenable to all, or nearly all interests.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.