The Formation & Evolution of the American Constitution. Madison James

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СКАЧАТЬ a doctrine that will sacrifice the lesser States. The larger States acceded readily to the confederacy. It was the small ones that came in reluctantly and slowly. N. Jersey & Maryland were the two last, the former objecting to the want of power in Congress over trade: both of them to the want of power to appropriate the vacant territory to the benefit of the whole. — If the sovereignty of the States is to be maintained, the Representatives must be drawn immediately from the States, not from the people: and we have no power to vary the idea of equal sovereignty. The only expedient that will cure the difficulty, is that of throwing the States into Hotchpot. To say that this is impracticable, will not make it so. Let it be tried, and we shall see whether the Citizens of Massachusetts Pennsylvania & Virginia accede to it. It will be objected that Coercion will be impracticable. But will it be more so in one plan than the other? Its efficacy will depend on the quantum of power collected, not on its being drawn from the States, or from the individuals; and according to his plan it may be exerted on individuals as well as according that of Mr. R. A distinct executive & Judiciary also were equally provided by his plan. It is urged that two branches in the Legislature are necessary. Why? for the purpose of a check. But the reason of the precaution is not applicable to this case. Within a particular State, where party heats prevail, such a check may be necessary. In such a body as Congress it is less necessary, and besides, the delegations of the different States are checks on each other. Do the people at large complain of Congress? No, what they wish is that Congress may have more power. If the power now proposed be not eno', the people hereafter will make additions to it. With proper powers Congress will act with more energy & wisdom than the proposed National Legislature; being fewer in number, and more secreted & refined by the mode of election. The plan of Mr. R. will also be enormously expensive. Allowing Georgia & Del. two representatives each in the popular branch the aggregate number of that branch will be 180. Add to it half as many for the other branch and you have 270, coming once at least a year from the most distant as well as the most central parts of the republic. In the present deranged State of our finances can so expensive a System be seriously thought of? By enlarging the powers of Congress the greatest part of this expence will be saved, and all purposes will be answered. At least a trial ought to be made.

      Mr. Wilson entered into a contrast of the principal points of the two plans so far he said as there had been time to examine the one last proposed. These points were 1. in the Virginia plan there are 2 & in some degree 3 branches in the Legislature: in the plan from N. J. there is to be a single legislature only — 2. Representation of the people at large is the basis of one: the State Legislatures, the pillars of the other — 3. proportional representation prevails in one; — equality of suffrage in the other — 4. A single Executive Magistrate is at the head of the one: — a plurality is held out in the other. — 5. in the one the majority of the people of the U. S. must prevail: — in the other a minority may prevail. 6. the National Legislature is to make laws in all cases to which the separate States are incompetent &: — in place of this Congress are to have additional power in a few cases only — 7. A negative on the laws of the States: — in place of this coertion to be substituted — 8. The Executive to be removable on impeachment & conviction; — in one plan: in the other to be removable at the instance of a majority of the Executives of the States — 9. Revision of the laws provided for in one: — no such check in the other — 10. inferior national tribunals in one: — none such in the other. 11. In one the jurisdiction of National tribunals to extend &c. — ; an appellate jurisdiction only allowed in the other. 12. Here the jurisdiction is to extend to all cases affecting the Nationonal peace & harmony; there a few cases only are marked out. 13. finally the ratification is in this to be by the people themselves: — in that by the legislative authorities according to the 13 art: of the Confederation.

      With regard to the power of the Convention, he conceived himself authorized to conclude nothing, but to be at liberty to propose any thing. In this particular he felt himself perfectly indifferent to the two plans.

      With regard to the sentiments of the people, he conceived it difficult to know precisely what they are. Those of the particular circle in which one moved, were commonly mistaken for the general voice. He could not persuade himself that the State Governments & Sovereignties were so much the idols of the people, nor a National Government so obnoxious to them, as some supposed. Why said a National Government be unpopular? Has it less dignity? will each Citizen enjoy under it less liberty or protection? Will a Citizen of Deleware be degraded by becoming a Citizen of the United States? Where do the people look at present for relief from the evils of which they complain? Is it from an internal reform of their Governments? no, Sir. It is from the National Councils that relief is expected. For these reasons he did not fear, that the people would not follow us into a National Government and it will be a further recommendation of Mr. R's plan that it is to be submitted to them, and not to the Legislatures, for ratification.

      Proceeding now to the 1st point on which he had contrasted the two plans, he observed that anxious as he was for some augmentation of the federal powers, it would be with extreme reluctance indeed that he could ever consent to give powers to Congress he had two reasons either of which was sufficient, 1. Congress as a Legislative body does not stand on the people. 2. it is a single body. 1. He would not repeat the remarks he had formerly made on the principles of Representation, he would only say that an inequality in it, has ever been a poison contaminating every branch of Government. In G. Britain where this poison has had a full operation, the security of private rights is owing entirely to the purity of her tribunals of Justice, the Judges of which are neither appointed nor paid, by a venal Parliament. The political liberty of that Nation, owing to the inequality of representation is at the mercy of its rulers. He means not to insinuate that there is any parallel between the situation of that Country & ours at present. But it is a lesson we ought not to disregard, that the smallest bodies in G. B. are notoriously the most corrupt. Every other source of influence must also be stronger in small than large bodies of men. When Lord Chesterfield had told us that one of the Dutch provinces had been seduced into the views of France, he need not have added, that it was not Holland, but one of the smallest of them. There are facts among ourselves which are known to all. Passing over others, he will only remark that the Impost, so anxiously wished for by the public was defeated not by any of the larger States in the Union. 2. Congress is a single Legislature. Despotism comes on Mankind in different Shapes, sometimes in an Executive, sometimes in a Military, one. Is there no danger of a Legislative despotism? Theory & practice both proclaim it. If the Legislative authority be not restrained, there can be neither liberty nor stability; and it can only be restrained by dividing it within itself, into distinct and independent branches. In a single House there is no check, but the inadequate one, of the virtue & good sense of those who compose it.

      On another great point, the contrast was equally favorable to the plan reported by the Committee of the whole. It vested the Executive powers in a single Magistrate. The plan of N. Jersey, vested them in a plurality. In order to controul the Legislative authority, you must divide it. In order to controul the Executive you must unite it. One man will be more responsible than three. Three will contend among themselves till one becomes the master of his colleagues. In the triumvirates of Rome first Cæsar, then Augustus, are witnesses of this truth. The Kings of Sparta, & the Consuls of Rome prove also the factious consequences of dividing the Executive Magistracy. Having already taken up so much time he would not he said, proceed to any of the other points. Those on which he had dwelt, are sufficient of themselves; and on the decision of them, the fate of the others will depend.

Mr. Pinkney,1 the whole comes to this, as he conceived. Give N. Jersey an equal vote, and she will dismiss her scruples, and concur in the National system. He thought the Convention authorized to go any length in recommending; which they found necessary to remedy the evils which produced this Convention.

      Mr. Elseworth proposed as a more distinctive form of collecting the mind of the Committee on the subject, "that the Legislative power of the U.S. should remain in Congress" This was not seconded, though it seemed better calculated for the purpose than the 1st proposition of Mr. СКАЧАТЬ