Page:Federalist, Dawson edition, 1863.djvu/405

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261
The Fœderalist.

trate. And in Delaware and Virginia, he is not impeachable till out of office. The President of the United States is impeachable at any time during his continuance in office. The tenure by which the Judges are to hold their places, is, as it unquestionably ought to be, that of good behavior. The tenure of the ministerial offices generally, will be a subject of legal regulation, conformably to the reason of the case, and the example of the State Constitutions.

Could any further proof be required of the republican complexion of this system, the most decisive one might be found in its absolute prohibition of titles of nobility, both under the Fœderal and the State Governments; and in its express guaranty of the republican form to each of the latter.

"But it was not sufficient," say the adversaries of the proposed Constitution, "for the Convention to adhere to the republican form. They ought, with equal care, to have preserved the Fœderal form, which regards the Union as a Confederacy of sovereign States; instead of which, they have framed a National Government, which regards the Union as a consolidation of the States." And it is asked by what authority this bold and radical innovation was undertaken? The handle which has been made of this objection requires, that it should be examined with some precision.

Without inquiring into the accuracy of the distinction on which the objection is founded, it will be necessary to a just estimate of its force, First, to ascertain the real character of the Government in question; Secondly, to inquire how far the Convention were authorized to propose such a Government; and Thirdly, how far the duty they owed to their country could supply any defect of regular authority.

First. In order to ascertain the real character of the Government, it may be considered in relation to the