The anticipation of arguments like these had raised those apprehensions of an irreconcilable difference. It were needless to repeat more. Had an angel been the umpire, he could propose no expedient more equitable and more politic, not only as a compromise, but to establish such a decided difference between the two branches of congress, as will make them, indeed, two distinct bodies, operating by way of mutual balance and check.
By this expedient, is safety secured to the lesser states, as completely as if the senate were the only legislative body. It is possible (if such a thing can be devised) that, from the inequality in the first branch, propositions will be made to give the larger states some advantage over the lesser; but the equality in the senate will, for ever, preclude its adoption. It is well worthy of remark, that not more than three of the thirteen are, at present, deemed larger states, in the peculiar sense of the word. There is no reason for supposing, in the federal, like a state, legislature, the senate will be intimidated or overawed, by the more numerous branch. A demagogue may declaim, rave, menace and foam, with as little impression as the roaring billows produce upon the solid [9] beach. Were it not for this equality in one, and inequality in the other, a jealousy might be entertained of too perfect a coincidence of sentiment.
The convention has been censured for an excess of its authority. But with no other power was it invested, than is possessed by every free citizen of the states. Its office was to advise, and no further has it proceeded. Had it been even invested with full powers to amend the present compact, their proposed plan would not have exceeded their trust. Amendment, in parliamentary language, means either addition, or diminution, or striking out the whole, and substituting something in its room. The convention were not limited. The states did not tell them, this article must stand, this must be struck out, and this may be altered. The avowed object of a convention was to consult on the additional power necessary to be vested in congress. But the members of this convention perceiving, from the experience of these states, from the history of ancient and modern states, and, I may add, from the principles of human nature, that the same body of men ought not to make and execute laws; and that one body alone ought not to do the first, have separated the executive, so far as was proper, from the legislative; and this last they have divided into two branches, composed of different materials, distinct from, and totally independent of, each other.
The house of representatives[62] is to be the immediate choice of the people, and one man is to represent 30,000 souls. In an affair of so much importance, and in districts containing so many suffrages, it is not to be supposed, that a worthless character will succeed by those arts, which have, sometimes, prevailed in county elections. It is to be expected, that, in general, the people will choose men of talents and character. Were they even so inclined, they can choose none but of ripe age, who have been, at least, seven [10] years citizens of the United States, and, at the time of election, residents of the respective state. Whatever laws shall be proposed, or assented to by these men, are to bind themselves, their children, and their connections. If a single man, or a party, shall propose a measure, calculated to promote private interest, at the expense of public good, is it conceivable, that the whole house will be brought into the measure? Suppose it should. The measure cannot be adopted into a law, without the concurrence of another house, consisting of men still more select, possessing superior qualifications of residence and age, and equally bound by the laws. After gaining the assent of the senate, the bill must be submitted to the objections of the president. He is not in any manner dependent on the legislature, which can, in no manner, punish him, except for some crime known to the laws. He is elected by persons chosen for that special purpose. He receives a compensation, which cannot be diminished or increased, during his continuance in office. The term of his commission is limited to four years, unless he shall have acted so as to merit the people’s favour. From the mode of his election, it is impossible he can intrigue to advantage; and, from the nature of other things, he will never succeed by bribery and corruption. Like any other individual, he is liable to punishment. Finally, at the expiration of his office, he returns into the mass of the people.
In spite of all these circumstances, an idea is gone forth amongst the enemies of the plan, and they labour to impress it on your minds, that whatever power may be exercised by these delegates of the people, will be used contrary to the interests of their constituents. This is a supposition, so repulsive to my mind, that I wonder any man of the least generosity, or reflection, can possibly adopt it. The assembly of Maryland, with respect to internal regulations, is almost omnipotent. And yet, is there a man who supposes the assembly would, intentionally, pass laws injurious to the people? Why then should we distrust the federal assembly, chosen for a short term, bound by the same ties, and selected on account of their talents and patriotism?
But, say the objectors, although we might probably confide with safety in congress, it is not consistent with prudence [11], without a manifest necessity, to empower any men to do us an injury.
Whenever the proposed plan delegates authority, which you imagine might safely be denied, be assured, that a little reflection will suggest abundant reason for granting it. At the same time you may be convinced, that, as some powers were not intended to be exercised, so they never will be exercised, without absolute necessity.
I have been amused by the writings of an avowed friend to the plan. “Let no man,” says he, “think of proposing amendments. Should each person object, and should his objections prevail, not a title of the system will be left. You are to accept the whole, or reject the whole.” After speaking in this very sensible way, he advises the states to reject, with unanimity and firmness, the following provision.
“Art. I, sect. 4. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state, by the legislature thereof; but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators.”
Can this writer imagine, that congress will presume to use this power, without the occurrence of some one or more of the cases, the contemplation whereof induced the convention to create it. These are the cases of invasion by a foreign power; of neglect, or obstinate refusal, in a state legislature; of the prevalance of a party, prescribing so as to suit a sinister purpose, or injure the general government. Others might perhaps occur in the convention. But these may suffice to evince the propriety of such a power in the federal head. It was never meant, that congress should at any time interfere, unless on the failure of a state lagislature, or to alter such regulations as may be obviously improper. The exercise of this power must at all times be so very invidious, that congress, will not venture upon it without some very cogent and substantial reason. Let congress, even officiously, exert every power given by this clause, the representatives must still be chosen by the people, and the senate by the state legislatures. The provision cannot by any possibility admit of a different construction. [12]