[ [95] "Dr Johnson is a character much celebrated for his legal knowledge; he is said to be one of the first classics in America, and certainly possesses a very strong and enlightened understanding.
"As an Orator in my opinion, there is nothing in him that warrants the high reputation which he has for public speaking. There is something in the tone of his voice not pleasing to the Ear,—but he is eloquent and clear,—always abounding with information and instruction. He was once employed as an Agent for the State of Connecticut to state her claims to certain landed territory before the British House of Commons; this Office he discharged with so much dignity, and made such an ingenious display of his powers, that he laid the foundation of a reputation which will probably last much longer than his own life. Dr Johnson is about sixty years of age, possesses the manners of a Gentleman, and engages the Hearts of Men by the sweetness of his temper, and that affectionate style of address with which he accosts his acquaintance."—Pierce's Notes, Am. Hist. Rev., iii., 326.
Mr Wilson's respect for Docr Johnson, added to the importance of the subject led him to attempt, unprepared as he was, to solve the difficulty which had been started. It was asked how the Genl Govt and individuality of the particular States could be reconciled to each other; and how the latter could be secured agst the former? Might it not, on the other side be asked how the former was to be secured agst the latter? It was generally admitted that a jealousy & rivalship would be felt between the Genl & particular Govts. As the plan now stood, tho' indeed contrary to his opinion, one branch of the Genl Govt (the Senate or second branch) was to be appointed by the State Legislatures. The State Legislatures, therefore, by this participation in the Genl Govt would have an opportunity of defending their rights. Ought not a reciprocal opportunity to be given to the Genl Govt of defending itself by having an appointment of some one constituent branch of the State Govts. If a security be necessary on one side, it wd seem reasonable to demand it on the other. But taking the matter in a more general view, he saw no danger to the States from the Genl Govt. In case a combination should be made by the large ones it wd produce a general alarm among the rest; and the project wd be frustrated. But there was no temptation to such a project. The States having in general a similar interest, in case of any propositions in the National Legislature to encroach on the State Legislatures, he conceived a general alarm wd take place in the National Legislature itself, that it would communicate itself to the State Legislatures, and wd finally spread among the people at large. The Genl Govt will be as ready to preserve the rights of the States as the latter are to preserve the rights of individuals; all the members of the former, having a common interest, as representatives of all the people of the latter, to leave the State Govts in possession of what the people wish them to retain. He could not discover, therefore any danger whatever on the side from which it was apprehended. On the contrary, he conceived that in spite of every precaution the General Govt would be in perpetual danger of encroachments from the State Govts.
Mr Madison was of opinion that there was 1. less danger of encroachment from the Genl Govt than from the State Govts 2. that the mischief from encroachments would be less fatal if made by the former, than if made by the latter. 1. All the examples of other confederacies prove the greater tendency in such systems to anarchy than to tyranny; to a disobedience of the members than usurpations of the federal head. Our own experience had fully illustrated this tendency.—But it will be said that the proposed change in the principles & form of the Union will vary the tendency; that the Genl Govt will have real & greater powers, and will be derived in one branch at least from the people, not from the Govts of the States. To give full force to this objection, let it be supposed for a moment that indefinite power should be given to the Genl Legislature, and the States reduced to Corporations dependent on the Genl Legislature; Why shd it follow that the Genl Govt wd take from the States any branch of their power as far as its operation was beneficial, and its continuance desireable to the people? In some of the States, particularly in Connecticut, all the Townships are incorporated, and have a certain limited jurisdiction. Have the Representatives of the people of the Townships in the Legislature of the State ever endeavoured to despoil the Townships of any part of their local authority? As far as this local authority is convenient to the people they are attached to it; and their representatives chosen by & amenable to them, naturally respect their attachment to this, as much as their attachment to any other right or interest. The relation of a General Govt to State Govts is parallel. 2. Guards were more necessary agst encroachments of the State Govts on the Genl Govt than of the latter on the former. The great objection made agst an abolition of the State Govts was that the Genl Govt could not extend its care to all the minute objects which fall under the cognizance of the local jurisdictions. The objection as stated lay not agst the probable abuse of the general power, but agst the imperfect use that could be made of it throughout so great an extent of country, and over so great a variety of objects. As far as its operation would be practicable it could not in this view be improper; as far as it would be impracticable, the conveniency of the Genl Govt itself would concur with that of the people in the maintenance of subordinate Governments. Were it practicable for the Genl Govt to extend its care to every requisite object without the cooperation of the State Govts the people would not be less free as members of one great Republic than as members of thirteen small ones. A Citizen of Delaware was not more free than a Citizen of Virginia: nor would either be more free than a Citizen of America. Supposing therefore a tendency in the Genl Government to absorb the State Govts no fatal consequence could result. Taking the reverse as the supposition, that a tendency should be left in the State Govts towards an independence on the General Govt and the gloomy consequences need not be pointed out. The imagination of them, must have suggested to the States the experiment we are now making to prevent the calamity, and must have formed the chief motive with those present to undertake the arduous task.
On the question for resolving "that the Legislature ought to consist of two Branches"
Mass. ay. Cont ay. N. Y. no. N. Jersey, no. Pa ay. Del. no. Md divd. Va ay. N. C. ay. S. C. ay. Geo. ay.
The third resolution of the Report taken into consideration.
Genl Pinkney moved "that the 1st branch, instead of being elected by the people, shd be elected in such manner as the Legislature of each State should direct." He urged 1. that this liberty would give more satisfaction, as the Legislatures could then accommodate the mode to the conveniency & opinions of the people. 2. that it would avoid the undue influence of large Counties which would prevail if the elections were to be made in districts as must be the mode intended by the Report of the Committee. 3. that otherwise disputed elections must be referred to the General Legislature which would be attended with intolerable expence and trouble to the distant parts of the Republic.
Mr L. Martin seconded the Motion.[96]
[ [96] After Martin's second, according to Yates: