Constitutional history -- United States -- Sources; Constitutional law -- United States
We had occasion, in a former paper, to take notice of the repeated
trials which have been unsuccessfully made in the United Netherlands
for reforming the baneful and notorious vices of their constitution.
The history of almost all the great councils and consultations held
among mankind for reconciling their discordant opinions, assuaging
their mutual jealousies, and adjusting their respective interests, is a
history of factions, contentions, and disappointments, and may be
classed among the most dark and degraded pictures which display the
infirmities and depravities of the human character. If, in a few
scattered instances, a brighter aspect is presented, they serve only as
exceptions to admonish us of the general truth; and by their lustre to
darken the gloom of the adverse prospect to which they are contrasted.
In revolving the causes from which these exceptions result, and
applying them to the particular instances before us, we are necessarily
led to two important conclusions. The first is, that the convention
must have enjoyed, in a very singular degree, an exemption from the
pestilential influence of party animosities the disease most incident
to deliberative bodies, and most apt to contaminate their proceedings.
The second conclusion is that all the deputations composing the
convention were satisfactorily accommodated by the final act, or were
induced to accede to it by a deep conviction of the necessity of
sacrificing private opinions and partial interests to the public good,
and by a despair of seeing this necessity diminished by delays or by
new experiments.
PUBLIUS
THE FEDERALIST.
No. XXXVIII.
The Same Subject Continued, and the Incoherence of the Objections to
the New Plan Exposed
From the New York Packet.
Tuesday, January 15, 1788.
MADISON
To the People of the State of New York:
It is not a little remarkable that in every case reported by ancient
history, in which government has been established with deliberation and
consent, the task of framing it has not been committed to an assembly
of men, but has been performed by some individual citizen of preeminent
wisdom and approved integrity.
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