Essays on the Constitution of the United States / Published during its Discussion by the People, 1787-1788

by Unknown

5. It is proposed to make the president and senators ineligible after certain periods.

But this would abridge the privilege of the people, and remove one great motive to fidelity in office, and render persons incapable of serving in offices, on account of their experience, which would best qualify them for usefulness in office—but if their services are not acceptable they may be left out at any new election.

6. It is proposed that no commercial treaty should be made without the consent of two-thirds of the senators, nor any cession of territory, right of navigation or fishery, without the consent of three-fourths of the members present in each branch of congress.

It is provided by the constitution that no commercial treaty shall be made by the president without the consent of two-thirds of the senators present, and as each state has an equal representation and suffrage in the senate, the rights of the state will be as well secured under the new constitution as under the old; and it is not probable that they would ever make a cession of territory or any important national right without the consent of congress. The king of Great Britain has by the constitution a power to make treaties, yet in matters of great importance he consults the parliament.

7. There is one amendment proposed by the convention of South Carolina respecting religious tests, by inserting the word other, between the words no and religious in that article, which is an ingenious thought, and had that word been inserted, it would probably have prevented any objection on that head. But it may be considered as a clerical omission and be inserted without calling a convention; as it now stands the effect will be the same.

On the whole it is hoped that all the states will consent to make a fair trial of the constitution before they attempt to alter it; experience will best show whether it is deficient or not, on trial it may appear that the alterations that have been proposed are not necessary, or that others not yet thought of may be necessary; everything that tends to disunion ought to be avoided. Instability in government and laws tends to weaken a state and render the rights of the people precarious.

If another convention should be called to revise the constitution, 'tis not likely they would be more unanimous than the former; they might judge differently in some things, but is it certain that they would judge better? When experience has convinced the states and people in general that alterations are necessary, they may be easily made, but attempting it at present may be detrimental if not fatal to the union of the states.

The judiciary department is perhaps the most difficult to be precisely limited by the constitution, but congress have full power to regulate it by law, and it may be found necessary to vary the regulations at different times as circumstances may differ.

Congress may make requisitions for supplies previous to direct [pg 236] taxation, if it should be thought to be expedient, but if requisitions be made and some states comply and others not, the non-complying states must be considered and treated as delinquents, which will tend to excite disaffection and disunion among the states, besides occasioning delay; but if congress lay the taxes in the first instance these evils will be prevented, and they will doubtless accommodate the taxes to the customs and convenience of the several states.

Some suppose that the representation will be too small, but I think it is in the power of congress to make it too large, but I believe that it may be safely trusted with them. Great Britain contains about three times the number of the inhabitants in the United States, and according to Burgh's account in his political disquisitions, the members of parliament in that kingdom do not exceed 131, and if 69 more be added from the principal cities and towns the number would be 200; and strike off those who are elected by the small boroughs, which are called the rotten part of the constitution by their best patriots and politicians, that nation would be more equally and better represented than at present; and if that would be a sufficient number for their national legislature, one-third of that number will be more than sufficient for our federal legislature who will have few general matters to transact. But these and other objections have been considered in a former paper, before referred to. I shall therefore conclude this with my best wishes for the continuance of the peace, liberty and union of these states.