United States--History--Revolution, 1775-1783; Jay, John, 1745-1829
Summary
Jay doesn't think the giving of any further powers to Congress will answer
the purpose. Some of his reasons are: that some of the members of Congress have partial
and personal purposes in view. Their prejudices will embarrass those who are well
disposed; that "secresy & despatch will be too uncommon" and foreign and local
interest will prevail; that "large assemblies often misunderstand or neglect the
obligation of character, honor & dignity; and will collectively do, or omit things
which an Individual Gentleman in his private capacity would not approve." The power of
the chief executive would depend on "so many Wills" and these wills would depend on
"such a variety of contradictory motives & inducements" so that anything "can be but
feebly done." Such a chief executive, however theoretically responsible, cannot be
effectually so. Therefore, John Jay doesn't see anything desirable in a change which
does not divide government into its proper departments. "Let Congress Legislate - let
others execute - Let others Judge." Jay proposes a chief executive limited in his
prerogatives and stay in office. He suggests a Congress divided into an upper and lower
house; the members of the former to be appointed for life, the members of the latter,
annually. To preserve the balance of power, the chief executive should, with the advice
of a council which exists for the purpose of advice only, have a veto in the acts of
congress. Great thought is necessary to determine the extent of powers to be granted to
the government. The states should retain only so much as is necessary "for domestique
[pur]poses- and all their principal officers Civil and Military being commissioned and
remo[v]ed by the National Government." Jay questions the authority of the Convention
because it ought to have "originated with & [thru?] proceedings & confirmed by
the People - ... sources of just authority." Also includes Knox's and Madison's views on
the subject. MS In Washington's hand.