Constitutional history -- United States -- Sources; Constitutional law -- United States
the objects of the Council of Censors which met in Pennsylvania in 1783
and 1784, was, as we have seen, to inquire, “whether the constitution
had been violated, and whether the legislative and executive
departments had encroached upon each other. “ This important and novel
experiment in politics merits, in several points of view, very
particular attention. In some of them it may, perhaps, as a single
experiment, made under circumstances somewhat peculiar, be thought to
be not absolutely conclusive. But as applied to the case under
consideration, it involves some facts, which I venture to remark, as a
complete and satisfactory illustration of the reasoning which I have
employed. First. It appears, from the names of the gentlemen who
composed the council, that some, at least, of its most active members
had also been active and leading characters in the parties which
pre-existed in the State.
Secondly. It appears that the same active and leading members of the
council had been active and influential members of the legislative and
executive branches, within the period to be reviewed; and even patrons
or opponents of the very measures to be thus brought to the test of the
constitution. Two of the members had been vice-presidents of the State,
and several other members of the executive council, within the seven
preceding years. One of them had been speaker, and a number of others
distinguished members, of the legislative assembly within the same
period.
Thirdly. Every page of their proceedings witnesses the effect of all
these circumstances on the temper of their deliberations. Throughout
the continuance of the council, it was split into two fixed and violent
parties. The fact is acknowledged and lamented by themselves. Had this
not been the case, the face of their proceedings exhibits a proof
equally satisfactory. In all questions, however unimportant in
themselves, or unconnected with each other, the same names stand
invariably contrasted on the opposite columns. Every unbiased observer
may infer, without danger of mistake, and at the same time without
meaning to reflect on either party, or any individuals of either party,
that, unfortunately, PASSION, not REASON, must have presided over their
decisions. When men exercise their reason coolly and freely on a
variety of distinct questions, they inevitably fall into different
opinions on some of them. When they are governed by a common passion,
their opinions, if they are so to be called, will be the same.
Fourthly. It is at least problematical, whether the decisions of this
body do not, in several instances, misconstrue the limits prescribed
for the legislative and executive departments, instead of reducing and
limiting them within their constitutional places.
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