United States will then be able to ascertain their resources, and to act with vigor and decision. All hostility between the governments will be prevented. The people will contribute regularly and gradually for the support of the government, and all odious, retrospective inquiries will be precluded. But the ill effects of the gentleman's plan do not terminate here. Our own State will suffer peculiar disadvantages from the measure. One provision in the amendment is, that no direct taxes shall be laid till after the impost and excise shall be found insufficient for public exigencies; and that no excise shall be laid on articles of the growth or manufacture of the United States. Sir, the favorable maritime situation of this State, and our large and valuable tracts of unsettled land, will ever lead us to commerce and agriculture as our proper objects. Unconfined, and tempted by the prospect of easy subsistence and independence, our citizens, as the country populates, will retreat back, and cultivate the western parts of our State. Our population, though extensive, will never be crowded; and consequently we shall remain an importing and agricultural State. Now, what will be the operation of the proposed plan? The General Government, restrained by the Constitution from a free application to other resources, will push imposts to an extreme. Will excessive impositions on our commerce be favorable to the policy of this State? Will they not directly oppose our interests? Similar will be the operation of the other clause of the amendment, relative to excise. Our neighbors, not possessed of our advantages for commerce and agriculture, will become manufacturers; their property will, in a great measure, be vested in the commodities of their own productions, but a small proportion will be in trade or in lands. Thus, on the gentleman's scheme, they will be almost free from burthens, while we shall be loaded with them. Does not the partiality of this strike every one? Can gentlemen who are laboring for the interest of their State, seriously bring forward such propositions? It is the interest of New York that those articles should be taxed, in the production of which the other States exceed us. If we are not a manufacturing people, excises on manufactures will ever be for our advantage. This position is indisputable. Sir, I agree that it is not good policy to lay excises to any considerable amount, while our manufactures are in their infancy; but are they always to be so? In some of the States they already begin to make considerable progress. In Connecticut, such encouragement is given as will soon distinguish that State. Even at the present period, there is one article from which a revenue may very properly be drawn: I speak of ardent spirits. New England manufactures more than a hundred gallons to our one; consequently, an excise on spirits at the still-head would make those States contribute in a vastly greater proportion than ourselves. In every view, excises on domestic manufacture would benefit New York. But the gentleman would defeat the advantages of our situation, by drawing upon us all the burdens of government. The nature of our Union requires that we should give up our State impost. The amendment would forfeit every other advantage. This part of the Constitution should not be touched. The excises were designed as a recompense to the importing States for relinquishing their imposts. Why, then, should we reject the benefits conferred upon us? Why should we run blindly against our own interest?
Sir, I shall no further enlarge on this argument; my exertions have already exhausted me. I have persevered from an anxious desire to give the committee the most complete conception of this subject. I fear, however, that I have not been so successful as to bestow upon it that full and clear light of which it is susceptible. I shall conclude with a few remarks by way of an apology. I am apprehensive, sir, that, in the warmth of my feelings, I may have uttered expressions which were too vehement. If such has been my language it was from the habit of using strong phrases to express my ideas; and, above all, from the interesting nature of the subject. I have ever condemned those cold, unfeeling hearts, which no object can animate. I condemn those indifferent mortals, who either never form opinions, or never make them known. I confess, sir, that on no subject has my breast been filled with stronger emotions or more anxious concern. If any thing has escaped me, which may be construed into a personal reflection, I beg the gentlemen, once for all, to be assured that I have no design to wound the feelings of any one who is opposed to me. While I am making these observations, I cannot but take notice of some expressions which have fallen in the course of the debate. It has been said that ingenious men may say ingenious things, and that those who are interested in raising the few upon the ruins of the many, may give to every cause an appearance of justice. I know not whether these insinuations allude to the characters of any who are present, or to any of the reasonings of the House. I presume that the gentlemen would not ungenerously impute such motives to those who differ from themselves. I declare I know not any set of men who are to derive peculiar advantages from this Constitution. Were any permanent honors or emoluments to be secured to the families of those who have been active in this cause, there might be some grounds for suspicion. But what reasonable man, for the precarious enjoyment of rank and power, would establish a system which would reduce his nearest friends and his posterity to slavery and ruin? If the gentlemen reckon me amongst the obnoxious few, if they imagine that I contemplate with ambitious eye the immediate honors of the government, yet let them consider that I have my friends, my family, my children, to whom ties of nature and of habit have attached me. If, to-day, I am among the favored few, my children, to-morrow, may be among the oppressed; these dear pledges of my patriotism may, at a future day, be suffering the severe distresses to which my ambition has reduced them. The changes in the human condition are uncertain and frequent; many, on whom fortune has bestowed her favors, may trace their family to a more unprosperous station; and many, who are now in obscurity, may look back upon the affluence and exalted rank of their ancestors. But I will no longer trespass on your indulgence. I have troubled the committee with these observations, to show that it cannot be the wish of any reasonable man to establish a government unfriendly to the liberties of the people. Gentlemen ought not, then, to presume that the advocates of this Constitution are influenced by ambitious views. The suspicion, sir, is unjust; the charge is uncharitable. —Elliot's Debates, ii.
BRIEF OF ARGUMENT ON THE CONSTITUTION OF THE UNITED STATES
1788
1 A republic, a word used in various senses. Has been applied to aristocracies and monarchies.To Rome, under the kings.To Sparta, though a Senate for life.To Carthage, though the same.To United Netherlands, though Stadtholder, hereditary nobles.To Poland, though aristocracy and monarchy.To Great Britain, though monarchy, etc.Again, great confusion about the words democracy, aristocracy, monarchy.a. Democracy defined by some, Rousseau, etc., a government exercised by the collective body of the people. b. Delegation of their power has been made the criterion of aristocracy.Aristocracy has been used to designate governments.Where an independent few possessed sovereignty.Where the representatives of the people possessed it.Monarchy, where sovereignty in the hands of a single man. General idea—Independent in his situation; in any other sense would apply to State of New York.Democracy in my sense, where the whole power of the government in the people.Whether exercised by themselves, orBy their representatives, chosen by them either mediately or immediately and legally accountable to them.Aristocracy, where whole sovereignty is permanently in the hands of a few for life or hereditary.Monarchy, where the whole sovereignty is in the hands of one man for life or hereditary.Mixed government, where these three principles unite.
2 Consequence, the proposed government a representative democracy.House of Representatives directly chosen by the people for two years.Senate indirectly chosen by them for six years.President indirectly chosen by them for four years. Thus legislative and executive representatives of the people.Judicial power, representatives of the people indirectly chosen during good behavior.All officers indirect choice of the people. Constitution revocable and alterable by the people.
3 This representative democracy as far as is consistent with its genius has all the features of good government. These features are:An immediate and operative representation of the people, which is found in the House of Representatives.Stability and wisdom, which is found in the Senate.A vigorous executive, which is found in the President.An independent judicial, which is found in the Supreme Court, etc. A separation of the essential powers of government. Ascertain the sense of the maxim:One department must not wholly possess the powers of another. =Montesquieu. = British Government.Departments of power must be separated, yet so as to check each other.Legislative.Legislative