Thursday, December 25, 1788
Observations on the New Federal Constitution
In order to form a good Constitution of Government, the legislature
should be properly organized, and be vested with plenary
powers for all the purposes for which the government was instituted,
to be exercised for the public good as occasion may require.
The greatest security that a people can have for the enjoyment
of their rights and liberties, is that no laws can be made to bind
them nor any taxes imposed upon them, without their consent by
representatives of their own chusing, who will participate with
them in the public burthens and benefits; this was the great point
contended for in our controversy with Great Britain, and this will
be fully secured to us by the new constitution. The rights of
the people will be secured by a representation in proportion to
their numbers in one branch of the legislature, and the rights of
the particular states by their equal representation in the other
branch.
The President and Vice-president as well as the members of
Congress will be eligible for fixed periods, and may be re-elected
as often as the electors shall think fit, which will be a great security
for their fidelity in office, and give greater stability and
energy to government than an exclusion by rotation, and will be
an operative and effectual security against arbitrary government,
either monarchial or aristocratic.
The immediate security of the civil and domestic rights of the
people will be in the government of the particular states. And
as the different states have different local interests and customs
which can be best regulated by their own laws, it should not be
expedient to admit the federal government to interfere with them,
any farther than may be necessary for the good of the whole.
The great end of the federal government is to protect the several
states in the enjoyment of those rights, against foreign invasion,
and to preserve peace and a beneficial intercourse among themselves;
and to regulate and protect our commerce with foreign
nations.
These were not sufficiently provided for by the former articles
of confederation, which was the occasion of calling the late Convention
to make amendments. This they have done by forming
a new constitution containing the powers vested in the federal
government, under the former, with such additional powers as
they deemed necessary to attain the ends the states had in view,
in their appointment. And to carry those powers into effect,
they thought it necessary to make some alterations in the organization
of the government: this they supposed to be warranted by
their commission.
The powers vested in the federal government are clearly defined,
so that each state still retain its sovereignty in what concerns
its own internal government, and a right to exercise every
power of a sovereign state not particularly delegated to the government
of the United States. The new powers vested in the
United States, are, to regulate commerce; provide for a uniform
practice respecting naturalization, bankruptcies, and organizing,
arming and training the militia; and for the punishment of certain
crimes against the United States; and for promoting the progress
of science in the mode therein pointed out. There are
some other matters which Congress has power under the present
confederation to require to be done by the particular states, which
they will be authorized to carry into effect themselves under the
new constitution; these powers appear to be necessary for the
common benefit of the states, and could not be effectually provided
for by the particular states.
The objects of expenditure will be the same under the new
constitution, as under the old; nor need the administration of
government be more expensive; the number of members of Congress
will be the same, nor will it be necessary to increase the
number of officers in the executive department or their salaries;
the supreme executive will be in a single person, who must have
an honourable support; which perhaps will not exceed the present
allowance to the President of Congress, and the expence of supporting
a committee of the states in the recess of Congress.
It is not probable that Congress will have occasion to sit longer
than two or three months in a year, after the first session, which
may perhaps be something longer. Nor will it be necessary for
the Senate to sit longer than the other branch. The appointment
of officers may be made during the session of Congress, and trials
on impeachment will not often occur, and will require but little
time to attend to them. The security against keeping up armies
in time of peace will be greater under the new constitution than
under the present, because it can't be done without the concurrence
of two branches of the legislature, nor can any appropriation
of money for that purpose be in force more than two years;
whereas there is no restriction under the present confederation.
The liberty of the press can be in no danger, because that is
not put under the direction of the new government.
If the federal government keeps within its proper jurisdiction,
it will be the interest of the state legislatures to support it, and
they will be a powerful and effectual check to its interfering with
their jurisdiction. But the objects of federal government will be
so obvious that there will be no great danger of any interference.
The principal sources of revenue will be imposts on goods imported,
and sale of the western lands, which will probably be sufficient
to pay the debts and expences of the United States while
peace continues; but if there should be occasion to resort to direct
taxation, each state's quota will be ascertained according to a rule
which has been approved by the legislatures of eleven of the states,
and should any state neglect to furnish its quota, Congress may
raise it in the same manner that the state ought to have done;
and what remedy more easy and equitable could be devised, to
obtain the supplies from a delinquent state?
Some object, that the representation will be too small; but the
states have not thought fit to keep half the number of representatives
in Congress that they are entitled to under the present confederation;
and of what advantage can it be to have a large assembly
to transact the few general matters that will come under
the direction of Congress.—The regulating of time, place and
manner of elections seems to be as well secured as possible; the
legislature of each state may do it, and if they neglect to do it in
the best manner, it may be done by Congress;—and what motive
can either have to injure the people in the exercise of that right?
the qualifications of the electors are to remain as fixed by the
constitutions and laws of the several states.
It is by some objected, that the executive is blended with the
legislature, and that those powers ought to be entirely distinct
and unconnected, but is not this a gross error in politics? The
united wisdom and various interests of a nation should be combined
in framing the laws. But the execution of them should not
be in the whole legislature; that would be too troublesome and
expensive; but it will not thence follow that the executive should
have no voice or influence in legislation. The executive in Great
Britian is one branch of the legislature, and has a negative on all
laws; perhaps that is an extreme not to be imitated by a republic,
but the partial negative vested in the President by the new Constitution
on the acts of Congress and the subsequent revision,
may be very useful to prevent laws being passed without mature
deliberation
The Vice-president while he acts as President of the Senate
will have nothing to do in the executive department; his being
elected by all the states will incline him to regard the interests of
the whole, and when the members of the senate are equally divided
on any question, who so proper to give a casting vote as
one who represents all the states?
The power of the President to grant pardons extends only to
offences committed against the United States, which can't be productive
of much mischief, especially as those on Impeachment
are excepted, which will exclude offenders from office.
It was thought necessary in order to carry into effect the laws
of the Union, to promote justice, and preserve harmony among
the states, to extend the judicial powers of the United States to
the enumerated cases, under such regulations and with such exceptions
as shall be provided by law, which will doubtless reduce
them to cases of such magnitude and importance as cannot safely
be trusted to the final decision of the courts of particular states;
and the constitution does not make it necessary that any inferior
tribunals should be instituted, but it may be done if found necessary;
'tis probable that the courts of particular states will be authorized
by the laws of the union, as has been heretofore done in
cases of piracy, &c., and the Supreme Court may have a circuit
to make trials as convenient, and as little expensive as possible
to the parties; nor is there anything in the constitution to deprive
them of trial by jury in cases where that mode of trial has been
heretofore used. All cases in the courts of common law between
citizens of the same state, except those claiming lands under
grants of different states, must be finally decided by courts of the
state to which they belong, so that it is not probable that more
than one citizen to a thousand will ever have a cause that can
come before a federal court.
Every department and officer of the federal government will be
subject to the regulation and control of the laws, and the people
will have all possible securities against oppression. Upon the
whole, the constitution appears to be well framed to secure the
rights and liberties of the people and for preserving the governments
of the individual states, and if well administered, to restore
and secure public and private credit, and to give respectability to
the states both abroad and at home. Perhaps a more perfect one
could not be formed on mere speculation; and if upon experience
it shall be found deficient, it provides an easy and peaceable mode
to make amendments. Is it not much better to adopt it than to
continue in present circumstances? Its being agreed to by all
the states present in Convention, is a circumstance in its favour,
so far as any respect is due to their opinions.
A Citizen of New Haven