On the judiciary his views were also sound. He upheld the power of the judges, and maintained that they should have absolute decision as to the constitutionality of any law. By this means he hoped to provide against the encroachments of the popular branch of the government, the one from which danger was to be feared, as "virtuous citizens will often act as legislators in a way of which they would, as private individuals, afterwards be ashamed." He wisely disapproved of low salaries for the judges, showing that the amounts must be fixed from time to time in accordance with the manner and style of living in the country; and that good work on the bench, where it was especially needful, like good work everywhere else, could only be insured by a high rate of recompense. On the other hand, he approved of introducing into the national Constitution the foolish New York state inventions of a Council of Revision and an Executive Council.
His ideas of the duties and powers of Congress were likewise very proper on the whole. Most citizens of the present day will agree with him that "the excess rather than the deficiency of laws is what we have to dread." He opposed the hurtful provision which requires that each congressman should be a resident of his own district, urging that congressmen represented the people at large, as well as their own small localities; and he also objected to making officers of the army and navy ineligible. He laid much stress on the propriety of passing navigation acts to encourage American bottoms and seamen, as a navy was essential to our security, and the shipping business was always one that stood in peculiar need of public patronage. Also, like Hamilton and most other Federalists, he favored a policy of encouraging domestic manufactures. Incidentally he approved of Congress having the power to lay an embargo, although he has elsewhere recorded his views as to the general futility of such kinds of "commercial warfare." He believed in having a uniform bankruptcy law; approved of abolishing all religious tests as qualifications for office, and was utterly opposed to the "rotation in office" theory.
One curious incident in the convention was the sudden outcropping, even thus early, of a "Native American" movement against all foreigners, which was headed by Butler, of South Carolina, who himself was of Irish parentage. He strenuously insisted that no foreigners whomsoever should be admitted to our councils,--a rather odd proposition, considering that it would have excluded quite a number of the eminent men he was then addressing. Pennsylvania in particular--whose array of native talent has always been far from imposing--had a number of foreigners among her delegates, and loudly opposed the proposition, as did New York. These States wished that there should be no discrimination whatever between native and foreign born citizens; but finally a compromise was agreed to, by which the latter were excluded only from the Presidency, but were admitted to all other rights after a seven years' residence,--a period that was certainly none too long.