Page:The Records of the Federal Convention of 1787 Volume 3.djvu/247

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many reasons to believe that it is the work of plain, honest men, and such, I think, it will appear. Faulty it must be, for what is perfect? But if adopted, experience will, I believe, show that its faults are just the reverse of what they are supposed to be. As yet this paper is but a dead letter. Pennsylvania, Delaware, New Jersey, Connecticut, and Georgia have adopted it. We wait impatiently the result of their deliberations in Massachusetts. Should that State also adopt it, which I hope and believe, there will then be little doubt of a general acquiescence.


ⅭⅬⅩⅥ. The Federalist, No. ⅩⅩⅩⅦ. [Madison].[1]

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.…

Here, then, are three sources of vague and incorrect definitions; indistinctness of the object, imperfection of the organ of perception, inadequateness of the vehicle of ideas. Any one of these must produce a certain degree of obscurity. The convention, in delineating the boundary between the federal and state jurisdictions, must have experienced the full effect of them all.

To the difficulties already mentioned, may be added the interfering pretensions of the larger and smaller states. We cannot err, in supposing that the former would contend for a participation in the government, fully proportioned to their superior wealth and importance; and that the latter would not be less tenacious of the equality at present enjoyed by them. We may well suppose, that neither side would entirely yield to the other, and consequently that the struggle could be terminated only by compromise. It is extremely probable also, that after the ratio of representation had been adjusted, this very compromise must have produced a fresh struggle between the same parties, to give such a turn to the organization of the government, and to the distribution of its powers, as would increase the importance of the branches, in forming which they had respectively obtained the greatest share of influence. There are features in the constitution which warrant each of these

  1. Hallowell’s edition, 1837; first printed in the Daily Advertiser, January 11, 1788.