Page:Federalist, Dawson edition, 1863.djvu/493



[From the New York Packet, Tuesday, February 5, 1788.]

THE FŒDERALIST. No. XLVIII.



HE author of the "Notes on the State of Virginia," quoted in the last paper, has subjoined to that valuable work the draught of a Constitution, which had been prepared in order to be laid before a Convention expected to be called in 1783, by the Legislature, for the establishment of a Constitution for that Commonwealth. The plan, like everything from the same pen, marks a turn of thinking, original, comprehensive, and accurate; and is the more worthy of attention as it equally displays a fervent attachment to republican Government, and an enlightened view of the dangerous propensities against which it ought to be guarded. One of the precautions which he proposes, and on which he appears ultimately to rely as a palladium to the weaker departments of power, against the invasions of the stronger is perhaps altogether his own, and as it immediately relates to the subject of our present inquiry, ought not to be overlooked.

His proposition is, "that whenever any two of the three branches of Government shall concur in opinion, each by the voices of two thirds of their whole number, that a Convention is necessary for altering the Constitution, or correcting breaches of it, a Convention shall be called for the purpose."

As the People are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of Government hold their power, is derived, it seems strictly consonant to the