HKB
For a people thus circumstanced are we then to form a Government & the question is what sort of Government is best suited to them.
Will it be the British Gov^t? No. Why? Because G. Britain contains three orders of people distinct in their situation, their possessions & their principles.--These orders combined form the great body of the Nation. And as in national expences the wealth of the whole community must contribute, so ought each component part to be properly & duly represented.--No other combination of power could form this due representation, but the one that exists.--Neither the peers or the people could represent the royalty, nor could the Royalty & the people form a proper representation for the Peers.--Each therefore must of necessity be represented by itself, or the sign of itself; and this accidental mixture has certainly formed a Government admirably well balanced.
But the U. States contain but one order that can be assimilated to the British Nation,--this is the order of Commons. They will not surely then attempt to form a Government consisting of three branches, two of which shall have nothing to represent. They will not have an Executive & Senate (hereditary) because the King & Lords of England are so. The same reasons do not exist and therefore the same provisions are not necessary.
We must as has been observed suit our Governm^t to the people it is to direct. These are I believe as active, intelligent & susceptible of good Governm^t as any people in the world. The Confusion which has produced the present relaxed State is not owing to them. It is owing to the weakness & (defects) of a Gov^t incapable of combining the various interests it is intended to unite, and destitute of energy.--All that we have to do then is to distribute the powers of Gov^t in such a manner, and for such limited periods, as while it gives a proper degree of permanency to the Magistrate, will reserve to the people, the right of election they will not or ought not frequently to part with.--I am of opinion that this may easily be done; and that with some amendments the propositions before the Committee will fully answer this end.
No position appears to me more true than this; that the General Gov^t cannot effectually exist without reserving to the States the possession of their local rights. They are the instruments upon which the Union must frequently depend for the support & execution of their powers, however immediately operating upon the people, and not upon the States.
Much has been said about the propriety of abolishing the distinction of State Governments, & having but one general System. Suffer me for a moment to examine this question.[107]
[107] The residue of this speech was not furnished, like the above, by Mr. Pinckney.--Madison's Note.
Yates' report of the speech is meagre. The closing paragraph, apparently the part lacking in Madison's report, is:
"While we were dependent on the crown of Great Britain, it was in contemplation to form the whole into one; but it was found impracticable. No legislature could make good laws for the whole, nor can it now be done. It would necessarily place the power in the hands of the few nearest the seat of government. State governments must therefore remain, if you mean to prevent confusion. The general negative powers will support the general government. Upon these considerations, I am led to form the second branch differently from the report. These powers are important, and the number not too large, upon the principle of proportion. I have considered the subject with great attention; and I propose this plan (reads it), and if no better plan is proposed, I will then move its adoption."--Yates, Secret Proceedings, etc., 163.
The mode of constituting the 2^d branch being under consideration.
The word "national" was struck out, and "United States" inserted.