Page:Debates in the Several State Conventions, v2.djvu/339

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M. Smith.]
NEW YORK.
323

comprehending the great political interests of the Union. He said that no single member of a body could judge properly of the affairs of that body. The sphere in which the states moved was of a different nature; the transactions in which they were engaged were of a different complexion the objects which came under their view wore an aspect totally dissimilar. The legislatures of the states, he said, were not elected with a political view, nor for the same purposes as the members of Congress. Their business was to regulate the civil affairs of their several states, and therefore they ought not to possess powers, to a proper exercise of which they were not competent. The Senate was to transact all foreign business: of this the states, from the nature of things, must be entirely ignorant. The Constitution of New York (continued the chancellor) had contemplated a deficiency of wisdom in the legislature, even in their domestic regulations: it had provided a council of revision, to correct their errors. Would the gentlemen, then, acknowledge that the legislatures are liable to frequent mistakes in civil affairs, and yet maintain that they are infallible with respect to the general politics of the Union?

One gentleman had enumerated the formidable powers of the Senate, and closed the detail by a piteous description of the flowing, adamantine wall. He had mentioned the power to try impeachments. But the power of impeaching was in the House of Representatives, and that was the important power. It could hardly be supposed that the representatives would exercise this power for the purposes of tyranny; but if they should, it certainly could be of no disadvantage to enable the Senate to check them. In the next place, he said, the power of appointing officers was mentioned. This was unfairly stated; the Senate had but a negative upon the President; they had only an advisory power. In making laws they had only a partial agency; they were checked by the representatives and President. To any unprejudiced examiner, he said, it would appear that the Constitution had provided every reasonable check, and that the authority of the Senate was sufficiently circumscribed. But the gentlemen would multiply checks till the new government was as relaxed and nerveless as the old one.

The Hon. Mr. SMITH took notice of the remark of one of the gentlemen, that a majority of the states would not