On the question for inserting "25 years of age"

Mass^{ts} no. Con^t ay. N. Y. div^d. N. J. ay. P^a no.

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

M^r Ghorum moved to strike out the last member of the 3 Resol:

concerning ineligibility of members of the 1^{st} branch to office

during the term of their membership & for one year after. He considered

it as unnecessary & injurious. It was true abuses had been displayed in

G. B. but no one c^d say how far they might have contributed to preserve

the due influence of the Gov^t nor what might have ensued in case the

contrary theory had been tried.

M^r Butler opposed it. This precaution ag^{st} intrigue was necessary.

He appealed to the example of G. B. where men got into Parl^t that they

might get offices for themselves or their friends. This was the source

of the corruption that ruined their Gov^t.

M^r King, thought we were refining too much. Such a restriction on the

members would discourage merit. It would also give a pretext to the

Executive for bad appointments, as he might always plead this as a bar

to the choice he wished to have made.

M^r Wilson was ag^{st} fettering elections, and discouraging merit. He

suggested also the fatal consequence in time of war, of rendering

perhaps the best Commanders ineligible; appealing to our situation

during the late war, and indirectly leading to a recollection of the

appointment of the Co[~m]ander in Chief out of Congress.[101]

[101] According to Yates, Madison followed Wilson:

"Mr. Madison. Some gentlemen give too much weight and others

too little to this subject. If you have no exclusive clause,

there may be danger of creating offices or augmenting the

stipends of those already created, in order to gratify some

members if they were not excluded. Such an instance has

fallen within my own observation. I am therefore of opinion,

that no office ought to be open to a member, which may be

created or augmented while he is in the

legislature."--Yates, _Secret Proceedings_, etc., 155. Yates

gives the rest of the debate as follows:

"Mr. Mason. It seems as if it was taken for granted,

that all offices will be filled by the executive,

while I think many will remain in the gift of the

legislature. In either case, it is necessary to shut

the door against corruption. If otherwise, they may

make or multiply offices, in order to fill them. Are

gentlemen in earnest when they suppose that this

exclusion will prevent the first characters from

coming forward? Are we not struck at seeing the

luxury and venality which has already crept in among

us? If not checked we shall have ambassadors to

every petty state in Europe--the little republic of

_St. Marino_ not excepted. We must in the present

system remove the temptation. I admire many parts of

the British constitution and government, but I

detest their corruption.--Why has the power of the

crown so remarkably increased the last century? A

stranger, by reading their laws, would suppose it

considerably diminished; and yet, by the sole power

of appointing the increased officers of government,

corruption pervades every town and village in the

kingdom. If such a restriction should abridge the

right of election, it is still necessary, as it will

prevent the people from ruining themselves; and will

not the same causes here produce the same effects? I

consider this clause as the corner-stone on which

our liberties depend--and if we strike it out we are

erecting a fabric for our destruction.

"Mr. Gorham. The corruption of the English

government cannot be applied to America. This evil

exists there in the venality of their boroughs; but

even this corruption has its advantage, as it gives

stability to their government. We do not know what

the effect would be if members of parliament were

excluded from offices. The great bulwark of our

liberty is the frequency of elections, and the great

danger is the septennial parliaments.

"Mr. Hamilton. In all general questions which become

the subjects of discussion, there are always some

truths mixed with falsehoods. I confess there is

danger where men are capable of holding two offices.

Take mankind in general, they are vicious--their

passions may be operated upon. We have been taught

to reprobate the danger of influence in the British

government, without duly reflecting how far it was

necessary to support a good government. We have

taken up many ideas on trust, and at last, pleased

with their own opinions, establish them as undoubted

truths. Hume's opinion of the British constitution

confirms the remark, that there is always a body of

firm patriots, who often shake a corrupt

administration. Take mankind as they are, and what

are they governed by? Their passions. There may be

in every government a few choice spirits, who may

act from more worthy motives. One great error is

that we suppose mankind more honest than they are.

Our prevailing passions are ambition and interest;

and it will ever be the duty of a wise government to

avail itself of those passions, in order to make

them subservient to the public good--for these ever

induce us to action. Perhaps a few men in a state,

may, from patriotic motives, or to display their

talents, or to reap the advantage of public

applause, step forward; but if we adopt the clause,

we destroy the motive. I am therefore against all

exclusions and refinements, except only in this

case; that when a member takes his seat, he should

vacate every other office. It is difficult to put

any exclusive regulation into effect. We must in

some degree submit to the inconvenience."--Yates,

_Secret Proceedings_, etc., 155, 156.

Col. Mason was for shutting the door at all events ag^{st} corruption.

He enlarged on the venality and abuses in this particular in G. Britain:

and alluded to the multiplicity of foreign Embassies by Cong^s. The

disqualification he regarded as a corner stone in the fabric.

Col. Hamilton, there are inconveniences on both sides. We must take man

as we find him, and if we expect him to serve the public must interest

his passions in doing so. A reliance on pure patriotism had been the

source of many of our errors. He thought the remark of M^r Ghorum a just

one. It was impossible to say what w^d be the effect in G. B. of such a

reform as had been urged. It was known that one of the ablest

politicians (M^r Hume) had pronounced all that influence on the side of

the crown, which went under the name of corruption, an essential part of

the weight which maintained the equilibrium of the Constitution.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 67 / 114 题