Constitutional history -- United States -- Sources; Constitutional law -- United States
The true question to be decided then is, whether the smallness of the
number, as a temporary regulation, be dangerous to the public liberty?
Whether sixty-five members for a few years, and a hundred or two hundred
for a few more, be a safe depositary for a limited and well-guarded
power of legislating for the United States? I must own that I could
not give a negative answer to this question, without first obliterating
every impression which I have received with regard to the present
genius of the people of America, the spirit which actuates the State
legislatures, and the principles which are incorporated with the
political character of every class of citizens I am unable to conceive
that the people of America, in their present temper, or under any
circumstances which can speedily happen, will choose, and every second
year repeat the choice of, sixty-five or a hundred men who would be
disposed to form and pursue a scheme of tyranny or treachery. I am
unable to conceive that the State legislatures, which must feel so many
motives to watch, and which possess so many means of counteracting,
the federal legislature, would fail either to detect or to defeat
a conspiracy of the latter against the liberties of their common
constituents. I am equally unable to conceive that there are at this
time, or can be in any short time, in the United States, any sixty-five
or a hundred men capable of recommending themselves to the choice of the
people at large, who would either desire or dare, within the short space
of two years, to betray the solemn trust committed to them. What change
of circumstances, time, and a fuller population of our country may
produce, requires a prophetic spirit to declare, which makes no part of
my pretensions. But judging from the circumstances now before us, and
from the probable state of them within a moderate period of time, I must
pronounce that the liberties of America cannot be unsafe in the number
of hands proposed by the federal Constitution.
Public-domain text, read in full here on John Shaqi.
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