settlement, how easily he might have effected it, and how cruel would it be in such a case to keep a distinguished and meritorious citizen under a temporary disability and disfranchisement. He mentioned this case, merely to illustrate the objectionable nature of the proposition. He was opposed to such minutious regulations in a constitution. The parliamentary qualifications quoted by Col. Mason had been disregarded in practice, and were but a scheme of the landed against the moneyed interest. Mr. PINCKNEY and Gen. PINCKNEY moved to insert, by way of amendment, the words, "judiciary and executive," so as to extend the qualifications to those departments; which was agreed to, nem. con. Mr. GERRY thought the inconvenience of excluding a few worthy individuals, who might be public debtors, or have unsettled accounts, ought not to be put in the scale against the public advantages of the regulation, and that the motion did not go far enough. Mr. KING observed, that there might be great danger in requiring landed property as a qualification; since it might exclude the moneyed interest, whose aids may be essential, in particular emergencies, to the public safety. Mr. DICKINSON was against any recital of qualifications in the Constitution. It was impossible to make a complete one; and a partial one would, by implication, tie up the hands of the legislature from supplying the omissions. The best defence lay in the freeholders who were to elect the legislature. Whilst this resource should remain pure, the public interest would be safe. If it ever should be corrupt, no little expedients would repel the danger. He doubted the policy of interweaving into a republican constitution a veneration for wealth. He had always understood that a veneration for poverty and virtue were the objects of republican encouragement. It seemed improper that any man of merit should be subjected to disabilities in a republic, where merit was understood to form the great title to public trust, honors, and rewards. Mr. GERRY. If property be one object of government, provisions to secure it cannot be improper. Mr. MADISON moved to strike out the word "landed," before the word "qualifications." If the proposition should be agreed to, he wished the committee to be at liberty to report the best criterion they could devise. Landed possessions were no certain evidence of real wealth. Many enjoyed them to a great extent who were more in debt than they were worth. The unjust laws of the states had proceeded more from this class of men than any others. It had often happened that men who had acquired landed property on credit got into the legislatures with a view of promoting an unjust protection against their creditors. In the next place, if a small quantity of and should be made the standard, it would be no security; if a large one, it would exclude the proper representatives of those classes of citizens who were not landholders. It was politic, as well as just, that the interests and rights of every class should be duly represented and understood in the public councils. It was a provision every where established, that the country should be divided into districts, and representatives taken from each, in order that the legislative assembly might equally understand and sympathize with the rights of the people in every part of the community. It was not less proper, that every class of citizens should have an opportunity of making their rights be felt and understood in the public councils. The three principal classes into which our citizens were divisible, were the landed, the commercial, and the manufacturing. The second and third class bear, as yet, a small proportion to the first. The proportion, however, will daily increase. We see, in the populous countries of Europe now, what we shall be hereafter. These classes understand much less of each other's interests and affairs than men of the same class inhabiting different districts. It is particularly requisite, therefore, that the interests of one or two of them should not be left entirely to the care or impartiality of the third. This must be the case if landed qualifications should be required; few of the mercantile, and scarcely any of the manufacturing, class, choosing, whilst they continue in business, to turn any part of their stock into landed property. For these reasons he wished, if it were possible, that some other criterion than the mere possession of land should be devised. He concurred with Mr. Gouverneur Morris in thinking that qualifications in the electors would be much more effectual than in the elected. The former would discriminate between real and ostensible property in the latter; but he was aware of the difficulty of forming any uniform standard that would suit the different circumstances and opinions prevailing in the different states. Mr. GOUVERNEUR MORRIS seconded the motion. New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 10; Maryland, no, 1. On the question on the first part of Col. Mason's proposition, as to "qualification of property and citizenship," as so amended, New Hampshire, Massachusetts, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 8; Connecticut, Pennsylvania, Delaware, no, 3, The second part, for disqualifying debtors, and persons having unsettled accounts, being under consideration, Mr. CARROLL moved to strike out, "having unsettled accounts." Mr. GORHAM seconded the motion observing, that it would put the commercial and manufacturing part of the people on a worse footing than others, as they would be most likely to have dealings with the public. Mr. L. MARTIN. If these words should be struck out, and the remaining words concerning debtors retained, it will be the interest of the latter class to keep their accounts unsettled as long as possible. Mr. WILSON was for striking them out. They put too much power in the hands of the auditors, who might combine with rivals in delaying settlements, in order to prolong the disqualifications of particular men. We should consider that we are providing a constitution for future generations, and not merely for the peculiar circumstances of the moment. The time has been, and will again be, when the public safety may depend on the voluntary aids of individuals, which will necessarily open accounts with the public, and when such accounts will be a characteristic of patriotism. Besides, a partial enumeration of cases will disable the legislature from disqualifying odious and dangerous characters. Mr. LANGDON was for striking out the whole clause, for the reasons given by Mr. Wilson. So many exclusions, he thought, too, would render the system unacceptable to the people. Mr. GERRY. If the arguments used to-day were to prevail, we might have a legislature composed of public debtors, pensioners, placemen, and contractors. He thought the proposed disqualifications would be pleasing to the people. They will be considered as a security against unnecessary or undue burdens being imposed on them. He moved to add, "pensioners" to the disqualified characters; which was negatived. Massachusetts, Maryland, Georgia, ay, 3; New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, South Carolina, no, 7; North Carolina, divided. Mr. GOUVERNEUR MORRIS. The last clause, relating to public debtors, will exclude every importing merchant. Revenue will be drawn, it is foreseen, as much as possible from trade. Duties, of course, will be bonded; and the merchants will remain debtors to the public. He repeated that it had not been so much the fault of individuals, as of the public, that transactions between them had not been more generally liquidated and adjusted. At all events, to draw from our short and scanty experience rules that are to operate through succeeding ages does not savor much of real wisdom. On the question for striking out, "persons having unsettled accounts with the United States," New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, ay, 9; New Jersey, Georgia, no, 2. Mr. ELLSWORTH was for disagreeing to the remainder of the clause disqualifying public debtors; and for leaving to the wisdom of the legislature, and the virtue of the citizens, the task of providing against such evils. Is the smallest as well as the largest debtor to be excluded? Then every arrear of taxes will disqualify. Besides, now is it to be known to the people, when they elect, who are, or are not, public debtors? The exclusion of pensioners and placemen in England is founded on a consideration not existing here. As persons of that sort are dependent on the crown, they tend to increase its influence. Mr. PINCKNEY said he was at first a friend to the proposition, for the sake of the clause relating to qualifications of property; but he disliked the exclusion of public debtors. It went too far. It would exclude persons who had purchased confiscated property, or should purchase western territory, of the public; and might be some obstacle to the sale of the latter. On the question for agreeing to the clause disqualifying public debtors, North Carolina, Georgia, ay, 2; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, no, 9.189 Col. MASON observed, that it would be proper, as he thought, that some provision should be made in the Constitution against choosing for the seat of the general government the city or place at which the seat of any state government might be fixed. There were two objections against having them at the same place, which, without mentioning others, required some precaution on the subject. The first was, that it tended to produce disputes concerning jurisdiction. The second and principal one was, that the intermixture of the two legislatures tended to give a provincial tincture to the national deliberations. He moved that the committee be instructed to receive a clause to prevent the seat of the national government being in the same city or town with the seat of the government of any state, longer than until the necessary public buildings could be erected. Mr. ALEXANDER MARTIN seconded the motion. Mr. GOUVERNEUR MORRIS did not dislike the idea, but was apprehensive that such a clause might make enemies of Philadelphia and New York, which had expectations of becoming the seat of the general government. Mr. LANGDON approved the idea also; but suggested the case of a state moving its seat of government to the national seat after the erection of the public buildings. Mr. GORHAM. The precaution may be evaded by the national legislature, by delaying to erect the public buildings. Mr. GERRY conceived it to be the general sense of America, that neither the seat of a state government, nor any large commercial city, should be the seat of the general government. Mr. WILLIAMSON liked the idea, but, knowing how much the passions of men were agitated by this matter, was apprehensive of turning them against the system. He apprehended, also, that an evasion might be practised in the way hinted by Mr. Gorham. Mr. PINCKNEY thought the seat of a state government ought to be avoided; but that a large town, or its vicinity, would be proper for the seat of the general government. Col. MASON did not mean to press the motion at this time, nor to excite any hostile passions against the system. He was content to withdraw the motion for the present. Mr. BUTLER was for fixing, by the Constitution, the place, and a central one, for the seat of the national government. The proceedings since Monday last were unanimously referred to the committee of detail; and the Convention then unanimously adjourned till Monday, August 6th, that the committee of detail might have time to prepare and report the Constitution. The whole resolutions, as referred, are as follows: 1. Resolved, That the government of the United States ought to consist of a supreme legislative, judiciary, and executive. 2. Resolved, That the legislature consist of two branches. 3. Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several states for the term of two years; to be paid out of the public treasury; to receive an adequate compensation for their services; to be of the age of twenty-five years at least; to be ineligible to, and incapable of holding, any office under the authority of the United States (except those peculiarly belonging to the functions of the first branch) during the term of service of the first branch. 4. Resolved, That the members of the second branch of the legislature of the United States ought to be chosen by the individual legislatures; to be of the age of thirty years at least; to hold their offices for six years, one third to go out biennially; to receive a compensation for the devotion of their time to the public service; to be ineligible to, and incapable of holding, any office under the authority of the United States (except those peculiarly belonging to the functions of the second branch) during the term for which they are elected, and for one year thereafter. 5. Resolved, That each branch ought to possess the right of originating acts. 6. Resolved, That the national legislature ought to possess the legislative rights vested in Congress by the Confederation; and, moreover, to legislate in all cases for the general interests of the Union, and also in those to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation. 7. Resolved, That the legislative acts of the United States, made by virtue and in pursuance of the Articles of Union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states, as far as those acts or treaties shall relate to the said states, or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions, any thing in the respective laws of the individual states to the contrary notwithstanding. 8. Resolve 1, That, in the general formation of the legislature of the United States. the first branch thereof shall consist of sixty-five members; of which number, New Hampshire shall send 3; Massachusetts, 8; Rhode Island, 1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5; Georgia, 3. But, as the present situation of the states may probably alter in the number of their inhabitants, the legislature of the United States shall be authorized, from time to time, to apportion the number of representatives; and in case any of the states shall hereafter be divided, or enlarged by addition of territory, or any two or more states united, or any new states created within the limits of the United States, the legislature of the United States shall possess authority to regulate the number of representatives, in any of the foregoing cases, upon the principle of their number of inhabitants, according to the provisions hereafter mentioned, namely - Provided always, that representation ought to be proportioned to direct taxation. And, in order to ascertain the alteration in the direct taxation which may be required from time to time, by the changes in the relative circumstances of the states, 9. Resolved, That a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner and according to the ratio recommended by Congress in their resolution of the 18th of April, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly. 10. Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury, but in pursuance of appropriations to be originated by the first branch. 11. Resolved, That, in the second branch of the legislature of the United States, each state shall have an equal vote. |