Constitutional history -- United States -- Sources; Constitutional law -- United States
With equal readiness will it be perceived, that besides these
inducements to candor, many allowances ought to be made for the
difficulties inherent in the very nature of the undertaking referred to
the convention.
The novelty of the undertaking immediately strikes us. It has been
shown in the course of these papers, that the existing Confederation is
founded on principles which are fallacious; that we must consequently
change this first foundation, and with it the superstructure resting
upon it. It has been shown, that the other confederacies which could be
consulted as precedents have been vitiated by the same erroneous
principles, and can therefore furnish no other light than that of
beacons, which give warning of the course to be shunned, without
pointing out that which ought to be pursued. The most that the
convention could do in such a situation, was to avoid the errors
suggested by the past experience of other countries, as well as of our
own; and to provide a convenient mode of rectifying their own errors,
as future experiences may unfold them.
Among the difficulties encountered by the convention, a very important
one must have lain in combining the requisite stability and energy in
government, with the inviolable attention due to liberty and to the
republican form. Without substantially accomplishing this part of their
undertaking, they would have very imperfectly fulfilled the object of
their appointment, or the expectation of the public; yet that it could
not be easily accomplished, will be denied by no one who is unwilling
to betray his ignorance of the subject. Energy in government is
essential to that security against external and internal danger, and to
that prompt and salutary execution of the laws which enter into the
very definition of good government. Stability in government is
essential to national character and to the advantages annexed to it, as
well as to that repose and confidence in the minds of the people, which
are among the chief blessings of civil society. An irregular and
mutable legislation is not more an evil in itself than it is odious to
the people; and it may be pronounced with assurance that the people of
this country, enlightened as they are with regard to the nature, and
interested, as the great body of them are, in the effects of good
government, will never be satisfied till some remedy be applied to the
vicissitudes and uncertainties which characterize the State
administrations. On comparing, however, these valuable ingredients with
the vital principles of liberty, we must perceive at once the
difficulty of mingling them together in their due proportions. The
genius of republican liberty seems to demand on one side, not only that
all power should be derived from the people, but that those intrusted
with it should be kept in independence on the people, by a short
duration of their appointments; and that even during this short period
the trust should be placed not in a few, but a number of hands.
Public-domain text, read in full here on John Shaqi.
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