Constitutional history -- United States -- Sources; Constitutional law -- United States
the business of federal legislation must continue so far to exceed,
both in novelty and difficulty, the legislative business of a single
State, as to justify the longer period of service assigned to those who
are to transact it. A branch of knowledge which belongs to the
acquirements of a federal representative, and which has not been
mentioned is that of foreign affairs. In regulating our own commerce he
ought to be not only acquainted with the treaties between the United
States and other nations, but also with the commercial policy and laws
of other nations. He ought not to be altogether ignorant of the law of
nations; for that, as far as it is a proper object of municipal
legislation, is submitted to the federal government.
And although the House of Representatives is not immediately to
participate in foreign negotiations and arrangements, yet from the
necessary connection between the several branches of public affairs,
those particular branches will frequently deserve attention in the
ordinary course of legislation, and will sometimes demand particular
legislative sanction and co-operation. Some portion of this knowledge
may, no doubt, be acquired in a man’s closet; but some of it also can
only be derived from the public sources of information; and all of it
will be acquired to best effect by a practical attention to the subject
during the period of actual service in the legislature.
There are other considerations, of less importance, perhaps, but which
are not unworthy of notice. The distance which many of the
representatives will be obliged to travel, and the arrangements
rendered necessary by that circumstance, might be much more serious
objections with fit men to this service, if limited to a single year,
than if extended to two years. No argument can be drawn on this
subject, from the case of the delegates to the existing Congress. They
are elected annually, it is true; but their re-election is considered
by the legislative assemblies almost as a matter of course. The
election of the representatives by the people would not be governed by
the same principle. A few of the members, as happens in all such
assemblies, will possess superior talents; will, by frequent
reelections, become members of long standing; will be thoroughly
masters of the public business, and perhaps not unwilling to avail
themselves of those advantages. The greater the proportion of new
members, and the less the information of the bulk of the members the
more apt will they be to fall into the snares that may be laid for
them. This remark is no less applicable to the relation which will
subsist between the House of Representatives and the Senate. It is an
inconvenience mingled with the advantages of our frequent elections
even in single States, where they are large, and hold but one
legislative session in a year, that spurious elections cannot be
investigated and annulled in time for the decision to have its due
effect.
Public-domain text, read in full here on John Shaqi.
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