The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-19

pursuit OF interests duNerSc 70 tioco VI
the whole society? There has not been
any moment since the peace at which the
representatives Of the Union would ave
given IN assent to paper money or any other
measure Of a kindred nature
Madison then repeats in slightly different
terms what he had said to Randolph about
a Federal judiciary: THE national SUI
premacy ought also TO be extended, as !
conceive, to the judiciary departments.
IL those who are to expound n apply
the laws are connected by their interests
and their oaths with the particular States
wholly. and not with the Union, the par
ticipation Of the Union In the making OF
the laws may DO possibly rendered un-
availing. 1t seems at least necessary that
the oaths OF the Judges should include a
fidelity to the general as we'll as local Con-
stitution. n that IN appeal should le
10 some. national tribunals In all cases 10
which foreigners or inhabitants OF other
States may DO parties. The admiralty
Jurisdiction seems to fall entirely within
the purview Of the national government
Madison now comes to a matter In which
his correspondent, Washington. was TO be.
though as yet he NEW II not. prominently
Interested. One cannot but believe. how
ever, that the writer Of this letter must
have foreseen the necessity OF making
Washington the head Of the projected
constitutional government, II that political
experiment were 70 have any chance OF
success. The national supremacy we
read. in the Executive depa rtments, Is
liable to some difficulty. unless the officers
administering them could be made APP
pointable by the supreme government.
The militia ought certainly 10 be placed
In come form or other under the authority
which Is entrusted with the genera, pro-
lection and defence. A National Exccu-
tive must DO provided. / have scarcely
ventured as yet to form my own opinion,
either OF the manner In which It ought 10
be constituted, or Of the authorities with
which It ought TO be clothed
. With regard 10 the Legislative depart
ment, Madison suggests that II might be
divided into two branches. one of them
chosen every - years by the people at
large or by the lStatel Legislatures; the
other to consist Of purs members. to hold
their places for a longer term, and TO go
out In such a rotation a. always TO leave
In Office a large majority OF old members.
Perhaps the negative on the laws might
be most conveniently exercised by this
branch. As q further check, q council Of
revision. including the great ministerial
officers. might be superadded.'
As In the letter to Randolph, emphasis
Is laid on the expediency Of giving the
Federal Government the power OF inter
ference for the purpose Of maintaining
internal order within any State. Should
the Federal Government have the power
a. a,aro. n GtatA2 Tkta question ohsCh
was 10 acquire such momentous interest,
is mooted In the letter to Washington from
which wa are now quoting. Madison ex-
presses the opinion that the right of coer-
cion should be expressly declared. With
the resources Of commerce In hand. the
national administration might always fnd
means OF e~1erting II. either by sea OF land.
But the difficulty and awkwardness Of opera
ting by force on the collective will Of a
State. render II particularly desirable that
the necessity Of II might be precluded,
Perhaps the negative " the laws might
create such a mutually Of dependence
between the general and pa rticular autLori-
ties AZ TO answer this purpose, or, perhaps.
some defined objects Of taxation might he
submitted along with m 20 the
general authority We obeerve. finally.
NIht ITt HtCt sHlty VI ObAhlIAAut tOI INC new
instrument Of government the most con-
elusive sanction Ia reiterated In this letter:
TO give a new system In proper validity
and energy. q ratification must he obtained
from the people. and not merely from tho
ordinary authority Of the Legislatures.
This VIII he th. more essential ss h.roads
on tie ex.s1re Consftutons Of the statos
will lie unAvoid Bile Thus We see how
Il came 20 pAss tina, State conventions were
callod upon 20 soceTt the Federal Consti-
tuition framed Al Philadelphia Why the
assent Of State LEGISLATURES would not
sufioe is again pointed out els dave later
IN . letter Go fdmund Pendleton. The
nearer tie CRISIS approaches the more
I trcnble Tor the lssue The Necessity ~
gaming the concurrence % tile o0nvent.on
IN souo system that y IN answer the pur-
pose. the sui-e Iusnt appreciation ~ Con
grsss and the huAl q On 81 the States.
a senus Of chances ~lloh would
j splru despair Ia any can where the alter
native was loas form dahle The dinlruuy
700, h not a ittle incTrsfcd BY tLo neo-s
sty vllch shl be- produced by sncTuaru-
ga che Stale Constitution ~ OBJ .la-
lHg lot merely tho Assrut q ths hiats
l. slsisturos lui the raiihostion ~ tie
people themselves Indeed n such on
nuachnlsuts could 10 avoided . ligh,r
na.rtl.n than ths Legislative s%utluufy
sou.I be- -ssafy to fpnduf tLs lave ~
ue ,~anindsfary paramount to tls sas q
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