they commit high crimes, how are they to be punished? I apprehend the general government cannot punish them, because it would be a subversion of the rights of the people. The state legislatures cannot punish them, because they have no control over them in any one instance. In the next, consider the responsibility of the senators. To whom are they amenable? I apprehend, to none. They are punishable neither by the general government nor by the state legislatures. The latter may call them to an account, but they have no power to punish them.

Let us now consider the reponsibility of the President. He is elected for four years, and not excluded from reëlection. Suppose he violates the laws and Constitution, or commits high crimes. By whom is he to be tried? - By his own council by those who advise him to commit such violations and crimes? This subverts the principles of justice, as it secures him from punishment. He commands the army of the United States till he is condemned. Will not this be an inducement to foreign nations to use their arts and intrigues to corrupt his counsellors? If he and his counsellors can escape punishment with so much facility, what a delightful prospect must it be for a foreign nation, which may be desirous of gaining territorial or commercial advantages over us, to practise on them! The certainty of success would be equal to the impunity. How is he elected? By electors appointed according to the directions of the state legislatures. Does the plan of government contemplate any other mode? A combination between the electors might easily happen, which would fix on a man in every respect improper. Contemplate this in all its consequences. Is it not the object of foreign courts to have such a man possessed of this power as would be inclined to promote their interests? What an advantageous prospect for France and Great Britain to secure the favor and attachment of the President, by exerting their power and influence to continue him in the office! Foreign nations may, by their intrigues, have great influence, in each state, in the election of the President; and I have no doubt but their efforts will be tried to the utmost. Will not the influence of the President himself have great weight in his reelection? The variety of the offices at his disposal will acquire him the favor and attachment of those who aspire after them, and of the officers and their friends. He will have some

connection with the members of the different branches of government. They will esteem him, because they will be acquainted with him, live in the same town with him, and often dine with him. This familiar and frequent intercourse will secure him great influence. I presume that when once he is elected, he may be elected forever. Besides his influence in the town where he will reside, he will have very considerable weight in the different states. Those who are acquainted with the human mind, in all its operations, can clearly foresee this. Powerful men in different states will form a friendship with him. For these reasons, I conceive, the same President may always be continued, and be in fact elected by Congress, instead of independent and intelligent electors. It is a misfortune, more than once experienced, that the representatives of the states do not pursue the particular interest of their own state. When we take a more accurate view of the principles of the Senate, we shall have grounds to fear that the interest of our state may be totally neglected; nay, that our legislative influence will be as if we were actually expelled or banished out of Congress. The senators are amenable to, and appointed by, the states. They have a negative on all laws, may originate any except money bills, and direct the affairs of the executive. Seven states are a majority, and can in most cases bind the rest; from which reason, the interest of certain states alone will be consulted. Although the House of Representatives is calculated on national principles, and should they attend (contrary to my expectations) to the general interests of the Union, yet the dangerous exclusive powers given to the Senate will, in my opinion, counterbalance their exertions. Consider the connection of the Senate with the executive. authority over all the acts of the executive? What are the acts which the President can do without them? What number is requisite to make treaties? A very small number. Two thirds of those who may happen to be present, may, with the President, make treaties that shall sacrifice the dearest interests of the Southern States-which may relinquish part of our territories which may dismember the United States. There is no check to prevent this; there is no responsibility, or power to punish it. He is to nominate, and, by and with the advice and consent of the Senate, to appoint, ambassadors, other public ministers and consuls,

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judges of the Supreme Court, and all other officers of the United States. The concurrence of a bare majority of those who may be present will enable him to do these important acts. It does not require the consent of two thirds even of those who may be present. Thus I conceive the government is put entirely into the hands of seven states; indeed, into the hands of two thirds of a majority. The executive branch is under their protection, and yet they are freed from a direct charge of combination.

Upon reviewing this government, I must say, under my present impression, I think it a dangerous government, and calculated to secure neither the interests nor the rights of our countrymen. Under such a one, I shall be averse to embark the best hopes and prospects of a free people. We have struggled long to bring about this revolution, by which we enjoy our present freedom and security. Why, then, this haste this wild precipitation?

I have fatigued the committee; but, as I have not yet said all that I wish upon the subject, I trust I shall be indulged another day.

Mr. JOHN MARSHALL. Mr. Chairman, I conceive that the object of the discussion now before us is, whether democracy or despotism be most eligible. I am sure that those who framed the system submitted to our investigation, and those who now support it, intend the establishment and security of the former. The supporters of the Constitution claim the title of being firm friends of the liberty and the rights of mankind. They say that they consider it as the best means of protecting liberty. We, sir, idolize democracy. Those who oppose it have bestowed eulogiums on monarchy. We prefer this system to any monarchy, because we are convinced that it has a greater tendency to secure our liberty and promote our happiness. We admire it, because we think it a well-regulated democracy. It is recommended to the good people of this country: they are, through us, to declare whether it be such a plan of government as will establish and secure their freedom,

Permit me to attend to what the honorable gentleman (Mr. Henry) has said. He has expatiated on the necessity

of a due attention to certain maxims to certain fundamental principles, from which a free people ought never to depart. I concur with him in the propriety of the ob

servance of such maxims. They are necessary in any government, but more essential to a democracy than to any other. What are the favorite maxims of democracy? A strict observance of justice and public faith, and a steady adherence to virtue. These, sir, are the principles of a good government. No mischief, no misfortune, ought to deter us from a strict observance of justice and public faith. Would to Heaven that these principles had been observed under the present government! Had this been the case, the friends of liberty would not be so willing now to part with it. Can we boast that our government is founded on these maxims? Can we pretend to the enjoyment of political freedom or security, when we are told that a man has been, by an act of Assembly, struck out of existence without a trial by jury, without examination, without being confronted with his accusers and witnesses, without the benefits of the law of the land? Where is our safety, when we are told that this act was justifiable because the person was not a Socrates? What has become of the worthy member's maxims? this one of them? Shall it be a maxim that a man shall be deprived of his life without the benefit of law? Shall such a deprivation of life be justified by answering, that the man's life was not taken secundum artem because he was a bad man? Shall it be a maxim that government ought not to be empowered to protect virtue?

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The honorable member, after attempting to vindicate that tyrannical legislative act to which I have been alluding, proceeded to take a view of the dangers to which this country is exposed. He told us that the principal danger arose from a government which, if adopted, would give away the Mississippi. I intended to proceed regularly, by attending to the clause under debate ; but I must reply to some observations which were dwelt upon to make impressions on our minds unfavorable to the plan upon the table. Have we no navigation in, or do we derive no benefit from, the Mississippi? How shall we retain it? By retaining that weak government which has hitherto kept it from us? Is it thus that we shall secure that navigation? Give the government the power of retaining it, and then we may hope to derive actual advantages from it. Till we do this, we cannot expect that a government which hitherto has not been able to protect it, will have the power to do it hereafter. Have we

attended too long to consider whether this government would be able to protect us? Shall we wait for further proofs of its inefficacy? If, on mature consideration, the Constitution will be found to be perfectly right on the subject of treaties, and containing no danger of losing that navigation, will he still object? Will he object because eight states are unwilling to part with it? This is no good ground of objection. He then stated the necessity and probability of obtaining amendments. This we ought to postpone until we come to that clause, and make up our minds whether there be any thing unsafe in this system. He conceived it impossible to obtain amendments after adopting it. If he was right, does not his own argument prove that, in his own conception, previous amendments cannot be had? for, sir, if subsequent amendments cannot be obtained, shall we get amendments before we ratify? The reasons against the latter do not apply against the former. There are in this state, and in every state in the Union, many who are decided enemies of the Union. Reflect on the probable conduct of such men. What will they do? They will bring amendments which are local in their nature, and which they know will not be accepted. What security have we that other states will not do the same? We are told that many in the states were violently opposed to it. They are more mindful of local interests. They will never propose such amendments as they think would be obtained. Disunion will be their object. This will be attained by the proposal of unreasonable amendments. This, sir, though a strong cause, is not the only one that will militate against previous amendments. Look at the comparative temper of this country now, and when the late federal Convention met. We had no idea then of any particular system. The formation of the most perfect plan was our object and wish. It was imagined that the states would accede to, and be pleased with, the proposition that would be made them. Consider the violence of opinions, the prejudices and animosities which have been since imbibed. Will not these operate greatly against mutual concessions, or a friendly concurrence? This will, however, be taken up more properly at another time. He says, we wish to have a strong, energetic, powerful government. We contend for a well-regulated democracy. He insinuates that the power of the government has been enlarged by the Convention, and