Page:The Records of the Federal Convention of 1787 Volume 3.djvu/126

 necessary, it must be incorporated as a part of the Constitution which the United States will be bound to execute; at present it is contended that no such authority exists; that the Members of Congress are only responsible to the State they represent, and to this may be attributed that shameful remissness in forming the Federal Council, which has been so derogating and injurious to the Union. The Article I have inserted is intended to produce a reform, and I do not at present discover a mode in which the attendance of the Members can be more effectually enforced.

The next Article provides for the privilege of the Writ of Habeas Corpus—the Trial by Jury in all cases, Criminal as well as Civil—the Freedom of the Press, and the prevention of Religious Tests, as qualifications to Offices of Trust or Emolument: The three first essential in Free Governments; the last, a provision the world will expect from you, in the establishment of a System founded on Republican Principles, and in an age so liberal and enlightened as the present.

There is also an authority to the National Legislature, permanently to fix the seat of the general Government, to secure to Authors the exclusive right to their Performances and Discoveries, and to establish a Federal University.

There are other Articles, but of subordinate consideration. In opening the subject, the limits of my present observations would only permit me to touch the outlines; in these I have endeavored to unite and apply as far as the nature of our Union would permit, the excellencies of such of the State Constitutions as have been most approved. The first object with the Convention must be to determine on principles—the most leading of these are, the just proportion of representation, and the arrangement and distribution of the Powers of Government. In order to bring a system founded on these principles, to the view of the Convention, I have sketched the one which has just been read—I now submit it with deference to their Consideration, and wish, if it does not appear altogether objectionable, that it may be referred to the examination of a Committee.

There have been frequent but unsuccessful attempts by Congress to obtain from the States the grant of additional powers, and such is the dangerous situation in which their negligence and inattention have placed the Federal concerns, that nothing less than a Convention of the States could probably prevent a dissolution of the Union.