Senators and the people; but in the United States, there was no difference in the public estimation. Madison, Page and Sedgwick, supported the amendment. Madi son declared himself in favor of the discrimination. He said, "it was evidently contemplated by the Constitution, to hold out some distinction in favor of the Senate, as an inducement for men of staid and fixed principles, whom habits of retirement might render adverse from the active scenes of public life, to devote the experience of years, and the acquisitions of study, to the service of their country. Except something of this kind is done, we may find it difficult to obtain proper characters for the Senate, as men of enterprise and genius will naturally prefer a seat in the House, which will be considered as a more conspicuous situation." Page also stated, "that the Senate ought to have permanent salaries, that they might be placed in an eligible and independent situation." Anticipating the failure of the amendment, Washington wrote to Madison-" Being clearly of opinion, that there ought to be a difference in the wages of the members of the two Houses of the Legislature, would it be politic or prudent in the President, when the bill comes to him, to send it back, with his reasons for non-concurring?" A few days after the organization of the Senate, a committee was appointed to report "what style or title it will be proper to annex to the offices of President and Vice-President; if any other than those given in the Constitution." Richard Henry Lee, of Virginia; Izard, of South Carolina, and Dalton, of Massachusetts, were the committee of the Senate. The House appointed a committee, at the instance of the Senate; Egbert Benson, Ames, Madison, Charles Carroll, and Sherman. This joint committee reported, that, "it is not proper to annex any style or title" to these offices, other than those "expressed in the Constitution." This report was disagreed to by the Senate; a proposal that the President should be addressed, as "His Excellency," in conformity with the first Report of the Committee of Detail of the Federal Convention, was rejected; and a new committee was immediately appointed to act upon the original resolution. To this committee, Richard Henry Lee, Ellsworth, and Johnson were elected. It being announced, that the House had accepted the Report of the Joint Committee, this new committee was instructed to report as to the title, and to confer with such a committee as the House should appoint. The new committee now reported to the Senate, that, "it will be proper" to address the President as, "His Highness, the President of the United States and Protector of their Liberties." A newly appointed Committee of the House, meanwhile, had reported, that, having already used the address of "President of the United States," they deemed it improper "to confer" with that of the Senate. The same day, thus baffled, the Senate passed a resolution, asserting the propriety of annexing "a respectable title to the office of President; but, desirous of preserving harmony, they think it proper, for the present, to act in conformity with the practice of the House." Thus, the proposal failed. During part of these proceedings, the House was in a ferment" Titles were not warranted by the Constitution,--repugnant to Republican principles, dangerous, vain, ridiculous, arrogant. Not a word was uttered in their favor."* The States of Virginia and New York, had applied to Congress, to initiate measures for an amendment of the Ames to Minot, May 14, 17. 1789. "The business of titles sleeps. It is a very foolish thing to risk much to secure; and I wish, Mr. Adams had been less undisguised." Constitution. On the eighth of April, Madison wrote to Edmund Pendleton: "The subject of amendments has not yet been touched. From appearances, there will be no difficulty in obtaining reasonable ones. It will depend, however, entirely on the temper of the Federalists, who predominate as much in both branches, as could be wished." This subject was afterwards brought forward by him, and was referred to a committee, which made an elaborate Report. The amendments proposed in this Report, framed rather with a view to soothe the popular feeling, than from any intention to alter the Constitution in essential points, were adopted with a few substantial modifications.* Some provisions were sought to be introduced, which gave rise to an earnest discussion. Among these, was one asserting an express right in the people, to instruct their Representatives. This was sustained by Gerry, Page, and Tucker, and opposed by Ames, Hartley, and Madison. The latter member observed, that "the existence of this right was at least doubtful. If it be meant, that the people have a right to express their sentiments, or wishes, the principle is true. If, that the Representatives are to be bound by these instructions, it is false. It is said the people are the sovereign, but who are the people? Is every small district the people? Have the people, in detached assemblies, a right to violate the Constitution, or control the whole sovereign power? This would be setting up a hundred sovereignties in place of one." The proposed amendment was negatived by a large majority. When the "eighteenth" amendment was considered— * Ames to Minot, "Upon the whole, it may do some good towards quieting men, who attend to sounds only, and may get the mover some popularity, which he wishes." 66 declaring, that the powers not delegated by this Constitution, nor prohibited by it to the States, are reserved to the States, respectively," an introductory clause was proposed in the words, "all power being derived from the people." To this Madison objected, "as confining the Government within such limits as to admit of no IMPLIED powers. I believe," he said, "that no Government ever existed, which was not necessarily obliged to exercise powers by implication. This question was agitated in the Convention of Virginia. It was brought forward by those who were opposed to the Constitution, and was finally given up by them." "All corporations," remarked Sherman, "are supposed to possess all the powers, incidental to their corporate capacity. It is not in human wisdom to provide for every possible emergency." The motion was negatived. The amendments proposed by the House of Representatives were deliberately considered in the Senate. After various modifications, they were ultimately embodied in twelve articles, of which eleven were ratified by the States. It is an interesting fact, that nearly all the more important principles they embody, are to be found in the declaration and amendments, contained in the ratification of the Constitution, submitted by Hamilton to the Convention of New York,* with one exception. This is the important provision, that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, " Of this wise guard against intolerance, which Hamilton has been seen combating in the Legislature of New York, he was the author, having placed it before the Federal Hamilton's Works, ii. 467. Convention in the seventh article of his plan of a Constitution, though in terms of wider scope. "Nor shall any religious sect, or denomination, or religious test, for any office or place, be ever established by law." It will hereafter appear, that the only subsequent amendment incorporated into the Constitution, emanated from him. The Senate, in the mean time, were deliberating on a plan for the organization of the Judiciary Department. Hamilton had early recommended the establishment of a "FEDERAL JUDICATURE, having cognizance of all matters of general concern, in the last resort, especially, those in which foreign nations and their subjects are interested."* The importance of such an Institution seems, at that time, chiefly to have been felt by him, as a mean of preserving the National faith. As the sublime idea of a Supreme National Government, acting upon States and individuals, opened on his thoughts, the necessity of establishing one "Tribunal paramount to the rest, possessing a general superintendence, and authorized to settle and declare, in the last resort, an uniform rule of civil justice”† would be apparent. But a jurisdiction confined to this great object, was below his ultimate views. As the Constitution of the United States was to be a limited Constitution, it was absolutely necessary, that the Judicial power should be co-extensive with the Legislative, so as to serve, as, a "bulwark against Legislative encroachment." The Con stitution was also, to the extent of its powers, to be a supreme law; and, as a direct negative of the State Laws was not to be given, it only remained to vest an "authority in the Federal Courts to overrule such laws, as might be * In 1783, Hamilton's Works, ii. 231. |