The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2

by United States. Constitutional Convention; James Madison

M^r Davie seconded the motion.

Doc^r Franklin. It seems to have been imagined by some that the returning to the mass of the people was degrading the magistrate. This he thought was contrary to republican principles. In free Governments the rulers are the servants, and the people their superiors & sovereigns. For the former therefore to return among the latter was not to degrade but to promote them. And it would be imposing an unreasonable burden on them, to keep them always in a State of servitude, and not allow them to become again one of the Masters.

Question on Col. Masons motion as above; which passed in the affirmative

N. H. ay. Mass^ts not on floor. C^t no. N. J. ay. P^a no. Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Gov^r Morris was now ag^st the whole paragraph. In answer to Col. Mason's position that a periodical return of the great officers of the State into the mass of the people, was the palladium of Civil liberty he w^d observe that on the same principle the Judiciary ought to be periodically degraded; certain it was that the Legislature ought on every principle, yet no one had proposed, or conceived that the members of it should not be re-eligible. In answer to Doc^r Franklin, that a return into the mass of the people would be a promotion, instead of a degradation, he had no doubt that our Executive like most others would have too much patriotism to shrink from the burthen of his office, and too much modesty not to be willing to decline the promotion.

On the question on the whole resolution as amended in the words following–"that a National Executive be instituted–to consist of a single person–to be chosen by the Nat^l legislature–for the term of seven years–to be ineligible a 2^d time–with power to carry into execution the nat^l laws–to appoint to offices in cases not otherwise provided for–to be removable on impeachment & conviction of mal-practice or neglect of duty–to receive a fixt compensation for the devotion of his time to the public service, to be paid out of the Nat^l treasury"–it passed in the affirmative

N. H. ay. Mass. not on floor. C^t ay. N. J. ay. P^a no. Del. no. M^d no. V^a div^d. M^r Blair & Col. Mason ay. Gen^l Washington & M^r Madison no. M^r Randolph happened to be out of the House. N. C. ay. S. C. ay. Geo. ay.

M^r Mason moved "that the Com̃ittee of detail be instructed to receive a clause requiring certain qualifications of landed property & citizenship of the U. States, in members of the Legislature, and disqualifying persons having unsettled Acc^ts with or being indebted to the U. S., from being members of the Nat^l Legislature."–He observed that persons of the latter descriptions had frequently got into the State Legislatures, in order to promote laws that might shelter their delinquencies; and that this evil had crept into Cong^s if Report was to be regarded.

M^r Pinckney seconded the motion.

Mr. Gov^r Morris. If qualifications are proper, he w^d prefer them in the electors rather than the elected. As to debtors of the U. S. they are but few. As to persons having unsettled accounts he believed them to be pretty many. He thought however that such a discrimination would be both odious & useless, and in many instances, unjust & cruel. The delay of settlem^t had been more the fault of the Public than of the individuals. What will be done with those patriotic Citizens who have lent money, or services or property to their Country, without having been yet able to obtain a liquidation of their claims? Are they to be excluded?