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every hundred of the inhabitants profess to believe in the Christian religion. It is sufficiently certain, therefore, that persons of this description, and none others, will ordinarily be chosen to places of public trust. There is as much security, it is said, on this subject, as the necessity of the case requires. And as there is a sort of opprobrium incident to this qualification,—a marking out, for observation and censorious remark, of a single individual, or a very few individuals, who may not be able to make the declaration,-it is an act, if not of injustice, yet of unkindness, and of unnecessary rigor, to call on such individuals to make the declaration, and to exclude them from office if they refuse to do so.

There is also another class of objections, which have been stated. It has been said, that there are many very devout and serious persons, persons who esteem the Christian religion to be above all price, to whom, nevertheless, the terms of this declaration seem somewhat too strong and intense. They seem, to these persons, to require the declaration of that faith which is deemed essential to personal salvation; and therefore not at all fit to be adopted as a declaration of belief in Christianity, in a more popular and general sense. It certainly appears to me, that this is a mistaken interpretation of the terms; that they imply only a general assent to the truth of the Christian revelation, and, at most, to the supernatural occurrences which establish its authenticity. There may, however, and there appears to be, conscience in this objection; and all conscience ought to be respected. I was not aware, before I attended the discussions in the committee, of the extent to which this objection prevailed.

There is one other consideration to which I will allude, although it was not urged in committee. It is this. This qualification is made applicable only to the executive and the members of the legislature. It would not be easy, perhaps, to say why it should not be extended to the judiciary, if it were thought necessary for any office. There can be no office in which the sense of religious responsibility is more necessary than in that of a judge; especially of those judges who pass, in the last resort, on the lives, liberty, and property of every man. There may be among legislators strong passions and bad passions. There may be party heats and personal bitterness. But legislation is

in its nature general: laws usually affect the whole society; and if mischievous or unjust, the whole society is alarmed, and seeks their repeal. The judiciary power, on the other hand, acts directly on individuals. The injured may suffer, without sympathy or the hope of redress. The last hope of the innocent, under accusation and in distress, is in the integrity of his judges. If this fail, all fails; and there is no remedy, on this side the bar of Heaven. Of all places, therefore, there is none which so imperatively demands that he who occupies it should be under the fear of God, and above all other fear, as the situation of a judge. For these reasons, perhaps, it might be thought that the constitution has not gone far enough, if the provisions already in it were deemed necessary to the public security.

I believe I have stated the substance of the reasons which appeared to have weight with the committee. For my own part, finding this declaration in the constitution, and hearing of no practical evil resulting from it, I should have been willing to retain it, unless considerable objection had been expressed to it. If others were satisfied with it, I should be. I do not consider it, however, essential to retain it, as there is another part of the constitution which recognizes, in the fullest manner, the benefits which civil society derives from those Christian institutions which cherish piety, morality, and religion. I am clearly of opinion, that we should not strike out of the constitution all recognition of the Christian religion. I am desirous, in so solemn a transaction as the establishment of a constitution, that we should keep in it an expression of our respect and attachment to Christianity;— not, indeed, to any of its peculiar forms, but to its general principles.

BASIS OF THE SENATE.*

I KNOW not, Sir, whether it be probable that any opinions or votes of mine are ever likely to be of more permanent importance, than those which I may give in the discharge of my duties in this body. And of the questions which may arise here, I anticipate no one of greater consequence than the present. I ask leave, therefore, to submit a few remarks to the consideration of the committee.

The subject before us, is the manner of constituting the legislative department of government. We have already decided, that the legislative power shall exist as it has heretofore existed, in two separate and distinct branches, a Senate and a House of Representatives. We propose also, at least I have heard no intimation of a contrary opinion, that these branches shall, in form, possess a negative on each other. I presume I may also take it for granted, that the members of both these houses are to be chosen annually. The immediate question now under discussion is, In what manner shall the senators be elected? They are to be chosen in districts; but shall they be chosen in proportion to the number of inhabitants in each district, or in proportion to the taxable property of each district, or, in other words, in proportion to the part which each district bears in the public burdens of the State. The latter is the existing provision of the constitution; and to this I give my support.

The resolution of the honorable member from Roxbury † proposes to divide the State into certain legislative districts, and

Remarks made on the 15th of December, 1820, in the Convention, upon the Resolution to divide the Commonwealth into Districts for the Choice of Senators according to Population.

† General Dearborn.

to choose a given number of senators, and a given number of representatives, in each district, in proportion to population. This I understand. It is a simple and plain system. The honorable member from Pittsfield and the honorable member from Worcestert support the first part of this proposition, that is to say, that part which provides for the choice of senators according to population, without explaining entirely their views as to the latter part, relative to the choice of representatives. They insist that the questions are distinct, and capable of a separate consideration and decision. I confess myself, Sir, unable to view the subject in that light. It seems to me, there is an essential propriety in considering the questions together; and in forming our opinions of them, as parts respectively of one legislative system. The legislature is one great machine of government, not two machines. The two houses are its parts, and its utility will, as it seems to me, depend not merely on the materials of these parts, or their separate construction, but on their accommodation, also, and adaptation to each other. Their balanced and regulated movement, when united, is that which is expected to insure safety to the State; and who can give any opinion on this, without first seeing the construction of both, and considering how they are formed and arranged with respect to their mutual relation? I cannot imagine, therefore, how the member from Worcester should think it uncandid to inquire of him, since he supports this mode of choosing senators, what mode he proposes for the choice of representatives.

It has been said that the constitution, as it now stands, gives more than an equal and proper number of senators to the county of Suffolk. I hope I may be thought to contend for the general principle, without being influenced by any regard to its local application. I do not inquire whether the senators whom this principle brings into the government will come from the county of Suffolk, from the valley of the Housatonic, or the extremity of Cape Cod. I wish to look only to the principle; and as I believe that to be sound and salutary, I shall give my vote in favor of maintaining it.

In my opinion, Sir, there are two questions before the committee. The first is, Shall the legislative department be con-

* Mr. Childs.

† Mr. Lincoln.

structed with any other check than such as arises simply from dividing the members of this department into two houses? The second is, If such other and further check ought to exist, in what manner shall it be created?

If the two houses are to be chosen in the manner proposed by the resolutions of the member from Roxbury, there is obviously no other check or control than a division into separate chambers. The members of both houses are to be chosen at the same time, by the same electors, in the same districts, and for the same term of office. They will of course all be actuated by the same feelings and interests. Whatever motives may at the moment exist to elect particular members of one house, will operate equally on the choice of the members of the other. There is so little of real utility in this mode, that, if nothing more be done, it would be more expedient to choose all the members of the legislature, without distinction, simply as members of the legislature, and to make the division into two houses, either by lot or otherwise, after these members thus chosen should have come up to the capital.

I understand the reason of checks and balances, in the legislative power, to arise from the truth, that, in representative governments, that department is the leading and predominating power; and if its will may be at any time suddenly and hastily expressed, there is great danger that it may overthrow all other powers. Legislative bodies naturally feel strong, because they are numerous, and because they consider themselves as the immediate representatives of the people. They depend on public opinion to sustain their measures, and they undoubtedly possess great means of influencing public opinion. With all the guards which can be raised by constitutional provisions, we are not likely to be too well secured against cases of improper, or hasty, or intemperate legislation. It may be observed, also, that the executive power, so uniformly the object of jealousy to republics, has in the States of this Union been deprived of the greater part both of its importance and its splendor, by the establishment of the general government. While the States possessed the power of making war and peace, and maintained military forces by their own authority, the power of the State executives was very considerable and respectable. It might then even be an object, in some cases, of a just and warranta

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