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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 346   View pdf image (33K)
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346
more fully I am persuaded that the balance
is much more likely to be disturbed by the
preponderancy of the last than of the first
scale.' '
"It has been already proved, that the
members of the federal will be more dependent
on the members of the State governments, than
the latter will be on the former. It has ap-
peared, also, that the prepossessions of the
people, on whom both will depend, will be
more on the side of the State governments
than of the Federal Government. So far as
the disposition of each, towards the other,
may be influenced by these causes the State
governments most clearly have the advantage.
But in a distinct and very important point of
view, the advantage will be on the same side.
The prepossessions, which the members them-
selves will carry into the Federal Govern-
ment, will generally be favorable to the
States; whilst it will rarely happen that the
members of the State governments will carry
into the public councils a bias in favor of the
General Government. A local spirit will in-
fallibly prevail in the members of the Con-
gress, than a national spirit will prevail in
the Legislatures of the particular States.
Every one knows that a great proportion of
the errors committed by the State Legisla-
tures, proceeds from the disposition of the
members to sacrifice the comprehensive and
paramount interests of the State, to the par-
ticular and separate views of the counties or
districts in which they reside. And if they
do not sufficiently enlarge their policy to em-
brace the collective welfare of their particular
State, how can it be imagined that they will
make the aggregate prosperity of the Union
and the dignity and respectability of its gov-
ernment, the objects of their affections and
consultations? For the same reason that the
members of the State Legislatures will be un-
likely to attach themselves sufficiently to national
objects, the members of the Federal
Legislature will be be likely to attach them-
selves too much to local objects. The States
will be to the latter what counties and towns
are to the former. Measures will too often be
decided according to their probable effect,
not on the national prosperity and happiness,
but upon the prejudices, interests and pursuits
of the governments and people of the indi-
vidual States. What is the spirit that has in
general characterized the proceedings of Con-
gress? A perusal of their journals, as well
.as the candid acknowledgments of such as
have bald a seat in that assembly, will inform
us, that the members have but, too frequently
displayed the character, rather of partisans
of their respective States, than of impartial
guardians of a common interest; that where
en one occasion improper sacrifices have been
made of local considerations to the aggran-
dizement of the Federal Government, the
great interests of the nation have suffered on
one hundred, from an undue attention to the
local prejudices, interests and views of the
particular States. I mean not by these re-
flections to insinuate that the new Federal
Government will not embrace a. more en-
plan of policy than the existing Gov-
ernment may have pursued; much less,
that its views will be as confined as these
of the State Legislatures; but only that
it will partake sufficiently of the spirit of
both, to be disinclined to invade the rights
of the individual States, or the prerogatives
of their governments. The motives on the
part of the State governments, to augment
their prerogatives by defalcations from the
Federal Governments, will be overruled by
no reciprocal predispositions in the mem-
bers."
It has been said, and this book has been
quoted as authority, that the General Gov-
ernment is a federal rather than a national
government; that its influence operates upon
the people only through the medium of the
State institutions; that it does not operate
directly and immediately upon the people;
that it is not known to the people in that
way. When we say that a government is
national, we mean that it acts directly and
immediately upon the people of the several
States independent of their State organiza-
tions. Now, I will read what the Federalist
says of the National character of our Gov-
ernment.
Mr. CLARKE. I said that it had both
characters; that it was partly national and
partly federal,
Mr. NEGLEY. This is what the Federalist
says:
" From a comparison and fair construction
of the several modes of expression, is to be
deduced the authority under which the Con-
vention acted. They were to frame a national
government, adequate to the exigencies of gov-
ernment, and of the Union; and to reduce the
articles of confederation into such form as to
accomplish these purposes."
He argues in this way: The Senate of the
United States is a federal feature. There the
States are recognized. The House of Repre-
sentatives is purely a national feature; be-
cause the members of the House are elected by
the people without the instrumentality of the
States, The election of the President is partly
national and partly federal; but upon an ex-
amination of all its bearings, it is seen to
partake more of the national than of the fed-
eral character. Since the amendment of the
Constitution it has become altogether a na-
tional concern. Of course, we still use the
form of electors; but practically we vote im-
mediately for the President, everybody
knows for whom he is voting as President
and Vice-President, while the vast majority
of the voters do not know the electors. It is
a mere form. Practically, therefore, the ex-
ecutive department of the Government is
purely a national feature. Any one who is


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 346   View pdf image (33K)
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