On the question for agreeing to the motion of Mr. Madison,—
Connecticut, New Jersey, ay, 2; New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 8; Massachusetts, divided.
Mr. SHERMAN moved to insert the words, "and incapable of holding" after the words "ineligible to," which was agreed to without opposition.
The word "established," and the words "under the national government," were struck out of the third resolution.
Mr. SPAIGHT called for a division of the question, in consequence of which it was so put as that it turned on the first member of it, on the ineligibility of members during the term for which they were elected—whereon the states were,—
Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, ay, 8; Pennsylvania, Georgia, no, 2; Massachusetts, divided.
On the second member of the sentence, extending ineligibility of members to one year after the term for which they were elected,—
Col. MASON thought this essential to guard against evasions by resignations, and stipulations for office to be fulfilled at the expiration of the legislative term.
Mr. GERRY had known such a case.
Mr. HAMILTON. Evasions could not be prevented,—as by proxies, by friends holding for a year, and then opening the way, &c.
Mr. RUTLEDGE admitted the possibility of evasions, but was for contracting them as far as possible. On the question,—
New York, Delaware, Maryland, South Carolina, ay, 4; Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, Georgia, no, 6; Pennsylvania, divided.137
Adjourned.
In Convention.—The fourth resolution being taken up,—
Mr. PINCKNEY spoke as follows:
The efficacy of the system will depend on this article. In order to form a right judgment in the case, it will be proper to examine the situation of this country more accurately than it has yet been done.
The people of the United States are perhaps the most singular of any we are acquainted with. Among them there are fewer distinctions of fortune, and less of rank, than among the inhabitants of any other nation. Every freeman has a right to the same protection and security; and a very moderate share of property entitles them to the possession of all the honors and privileges the public can bestow. Hence arises a greater equality than is to be found among the people of any other country; and an equality which is more likely to continue. I say, this equality is likely to continue; because in a new country, possessing immense tracts of uncultivated lands, where every temptation is offered to emigration, and where industry must be rewarded with competency, there will be few poor, and few dependent.
vol. v.30
