A political and civil history of the United States of America, from the year 1763 to the close of the administration of President Washington, in March, 1797: by Pitkin Timothy 1766-1847

Author:Pitkin, Timothy, 1766-1847. [from old catalog]
Language: eng
Format: epub
Publisher: New Haven, H. Howe and Durrie & Peck
Published: 1828-03-25T05:00:00+00:00

The question, indeed, presented difficulties of no ordinary magnitude, and not easy of solution. *

And it is, perhaps, not less difficult to provide a remedy for the evils which have and may arbe, in the administration of the government, from the extent and influence of executive power. The legislative body should be particularly guarded against its im« proper effects. The hope or expectation of office, from presidential favor, should never be suffered to enter the minds of the members of the legislative department. The constitution, indeed, attempted to provide against this influence, in that branch of the government, by declaring, " that no senator or representative should, during the time for which he was elected, be appointed to any civil office, under the authority of the United States, which should have been created, or the emoluments whereof had been increased, during such time.^^

This subject created no little difficulty as well as division among the framers of the constitution.

The general convention, in the first instance, provided, that the members of each house should be incapable of holding any office^ under the authority of the United States, during the time for which they should be elected; and that the members of the senate should be incapable of holding any office, for one year afterwards. This was finally restricted in the manner above stated.

The benefits of this restriction, however, were principally limited to the early period of the government, when most o( the offices now in existence were created, and the emoluments settled; and this provision now affords but a feeble check against the evil intended to be remedied.

* The subject of amending the constitution, was brought before congress during this session, by petitions from the states of Virginia and New York, requesting that another convention might

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be called to take into consideration and report such am^idmentt as they might think proper and best calculated "' to promote our common interests, -and to secure to ourselves and our latest posterity, the great and unalienable rights of mankind/^ The states of Virginia and New York were both opposed to the constitution without the amendments proposed in their respective conventions. This opposition was strongly manifested in the legislature of Virginia, in the first choice of senators. Mr. Madison, who had been so instrumental, not only in forming the new system, but in procuring its ratification, though a candidate, lost his election. His opponents, Richard Henry Lee and William Grayson, were chosen. The same legislature requested another general convention.

Congress, however, had no authority to call a convention. Mr. Madison submitted to the house several amendments, which, together with those presented by the several states, were referred (o a eommtttee consisting of one member from a state, with general instructions. Amendments were reported by this committee, and after long debates and various alterations, twelve articles were agreed <o by both houses, to be submitted to the states. These were in substance, that congress should make no law re* specting an establishment of religion, or prohibit the 6*60

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