to two members only; and in the other, to not more than five—according to the numbers of which the legislature is at first to be composed. It is the interest, moreover, of the distant states, to prefer three fourths, as they will be oftenest absent, and need the interposing check of the President. The excess, rather than the deficiency, of laws was to be dreaded. The example of New York shows that two thirds is not sufficient to answer the purpose.
Mr. HAMILTON added his testimony to the fact, that two thirds in New York had been ineffectual, either where a popular object, or a legislative faction, operated; of which he mentioned some instances.
Mr. GERRY. It is necessary to consider the danger on the other side also. Two thirds will be a considerable, perhaps a proper, security. Three fourths puts too much in the power of a few men. The primary object of the revisionary check of the President is, not to protect the general interest, but to defend his own department. If three fourths be required, a few senators, having hopes from the nomination of the President to offices, will combine with him, and impede proper laws. Making the Vice-President speaker increases the danger.
Mr. WILLIAMSON was less afraid of too few than of too many laws. He was, most of all, afraid that the repeal of bad laws might be rendered too difficult, by requiring three fourths to overcome the dissent of the President.
Col. MASON had always considered this as one of the most exceptionable parts of the system. As to the numerical argument of Mr. Gouverneur Morris, little arithmetic was necessary to understand that three fourths was more than two thirds, whatever the numbers of the legislature might be. The example of New York depended on the real merits of the laws. The gentlemen citing it had, no doubt, given their own opinions. But, perhaps, there were others of opposite opinions, who could equally paint the abuses on the other side. His leading view was, to guard against too great an impediment to the repeal of laws.
Mr. GOUVERNEUR MORRIS dwelt on the danger to the public interest, from the instability of laws, as the most to be guarded against. On the other side, there could be little danger. If one man in office will not consent where he ought, every fourth year another can be substituted. This term was not too long for fair experiments. Many good laws are not tried long enough to prove their merit. This is often the case with new laws opposed to old habits. The inspection laws of Virginia and Maryland, to which all are now so much attached, were unpopular at first.
Mr. PINCKNEY was warmly in opposition to three fourths, as putting a dangerous power in the hands of a few senators, headed by the President.
Mr. MADISON. When three fourths was agreed to, the President was to be elected by the legislature, and for seven years. He
vol. v.68
