Constitutional history -- United States -- Sources; Constitutional law -- United States
take place: for upon some occasions things will not admit of
accommodation; and then the measures of government must be injuriously
suspended, or fatally defeated. It is often, by the impracticability of
obtaining the concurrence of the necessary number of votes, kept in a
state of inaction. Its situation must always savor of weakness,
sometimes border upon anarchy.
It is not difficult to discover, that a principle of this kind gives
greater scope to foreign corruption, as well as to domestic faction,
than that which permits the sense of the majority to decide; though the
contrary of this has been presumed. The mistake has proceeded from not
attending with due care to the mischiefs that may be occasioned by
obstructing the progress of government at certain critical seasons.
When the concurrence of a large number is required by the Constitution
to the doing of any national act, we are apt to rest satisfied that all
is safe, because nothing improper will be likely TO BE DONE, but we
forget how much good may be prevented, and how much ill may be
produced, by the power of hindering the doing what may be necessary,
and of keeping affairs in the same unfavorable posture in which they
may happen to stand at particular periods.
Suppose, for instance, we were engaged in a war, in conjunction with
one foreign nation, against another. Suppose the necessity of our
situation demanded peace, and the interest or ambition of our ally led
him to seek the prosecution of the war, with views that might justify
us in making separate terms. In such a state of things, this ally of
ours would evidently find it much easier, by his bribes and intrigues,
to tie up the hands of government from making peace, where two thirds
of all the votes were requisite to that object, than where a simple
majority would suffice. In the first case, he would have to corrupt a
smaller number; in the last, a greater number. Upon the same principle,
it would be much easier for a foreign power with which we were at war
to perplex our councils and embarrass our exertions. And, in a
commercial view, we may be subjected to similar inconveniences. A
nation, with which we might have a treaty of commerce, could with much
greater facility prevent our forming a connection with her competitor
in trade, though such a connection should be ever so beneficial to
ourselves.
Public-domain text, read in full here on John Shaqi.
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