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Constitutions Of Civil Government Are Not To Be Framed Upon A Calculation Of Existing Exigencies, But Upon A Combination Of These With The Probable Exigencies Of Ages, According To The Natural And Tried Course Of Human Affairs. Nothing, Therefore, Can Be More Fallacious Than To Infer The Extent Of Any Power, Proper To Be Lodged In The National Government, From An Estimate Of Its Immediate Necessities.

-Alexander Hamilton

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Constitutions Of Civil Government

Alexander Hamilton

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Constitutions Of Civil Government Are Not To Be Framed Upon A Calculation Of Existing Exigencies, But Upon A Combination Of These With The Probable Exigencies Of Ages, According To The Natural And Tried Course Of Human Affairs. Nothing, Therefore, Can Be More Fallacious Than To Infer The Extent Of Any Power, Proper To Be Lodged In The National Government, From An Estimate Of Its Immediate Necessities.

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In All General Questions Which Become The Subjects Of Discussion, There Are Always Some Truths Mixed With Falsehoods. I Confess, There Is Danger Where Men Are Capable Of Holding Two Offices. Take Mankind In General, They Are Vicious, Their Passions May Be Operated Upon. We Have Been Taught To Reprobate The Danger Of Influence In The British Government, Without Duly Reflecting How Far It Was Necessary To Support A Good Government. We Have Taken Up Many Ideas Upon Trust, And At Last, Pleased With Our Own Opinions, Establish Them As Undoubted Truths.

The Safety Of A Republic Depends Essentially On The Energy Of A Common National Sentiment; On A Uniformity Of Principles And Habits; On The Exemption Of The Citizens From Foreign Bias And Prejudice; And On That Love Of Country Which Will Almost Invariably Be Found To Be Closely Connected With Birth, Education And Family.

Bias And Prejudice

The Genius Of The People Will Ill Brook The Inquisitive And Peremptory Spirit Of Excise Laws.

And It Is Long Since I Have Learned To Hold Popular Opinion Of No Value.

It Is Far More Rational To Suppose That The Courts Were Designed To Be An Intermediate Body Between The People And The Legislature, In Order, Among Other Things, To Keep The Latter Within The Limits Assigned To Their Authority.

There Was A Time When We Were Told . . . That A Sense Of Common Interest Would Preside Over The Conduct Of The Respective Members...this Language At The Present Day Would Appear As Wild As That Great Part Of What We Now Hear From The Same Quarter Will Be Thought, When We Shall Have Received Further Lessons From That Best Oracle Of Wisdom, Experience.

Wisdom Experience

It Is Impossible Not To Bestow The Imputation Of Deliberate Imposture And Deception Upon The Gross Pretense Of A Similitude Between A King Of Great Britain And A Magistrate Of The Character Marked Out For That Of The President Of The United States. It Is Still More Impossible To Withhold That Imputation From The Rash And Barefaced Expedients Which Have Been Employed To Give Success To The Attempted Imposition.

The Idea Of Governing At All Times By The Simple Force Of Law (which We Have Been Told Is The Only Admissible Principle Of Republican Government) Has No Place But In The Reveries Of Those Political Doctors Whose Sagacity Disdains The Admonitions Of Experimental Instruction.

Government Implies The Power Of Making Laws. It Is Essential To The Idea Of A Law, That It Be Attended With A Sanction; Or, In Other Words, A Penalty Or Punishment For Disobedience.

This Position Will Not Be Disputed So Long As It Is Admitted That The Desire Of Reward Is One Of The Strongest Incentives Of Human Conduct, Or That The Best Security For The Fidelity Of Mankind Is To Make Their Interest Coincide With Their Duty. Even The Love Of Fame, The Ruling Passion Of The Noblest Minds... Would On The Contrary Deter Him From The Undertaking, When He Foresaw That He Must Quit The Scene Before He Could Accomplish The Work.

If The Maintenance Of Public Credit, Then, Be Truly Important, The Next Enquiry Which Suggests Itself Is, By What Means It Is To Be Effected? The Ready Answer To Which Question Is, By Good Faith, By A Punctual Performance Of Contracts. States, Like Individuals, Who Observe Their Engagements, Are Respected And Trusted: While The Reverse Is The Fate Of Those Who Pursue An Opposite Conduct.

Though A Wide Ocean Separates The United States From Europe, Yet There Are Various Considerations That Warn Us Against An Excess Of Confidence Or Security.

There Is No Position Which Depends On Clearer Principles Than That Every Act Of A Delegated Authority, Contrary To The Commission Under Which It Is Exercised, Is Void. No Legislative Act, Therefore, Contrary To The Constitution, Can Be Valid.

The Tendency Of A National Bank Is To Increase Public And Private Credit. The Former Gives Power To The State, For The Protection Of Its Rights And Interests: And The Latter Facilitates And Extends The Operations Of Commerce Among Individuals. Industry Is Increased, Commodities Are Multiplied, Agriculture And Manufacturers Flourish: And Herein Consists The True Wealth And Prosperity Of A State.

If Duties Are Too High, They Lessen The Consumption; The Collection Is Eluded; And The Product To The Treasury Is Not So Great As When They Are Confined Within Proper And Moderate Bounds. This Forms A Complete Barrier Against Any Material Oppression Of The Citizens By Taxes Of This Class, And Is Itself A Natural Limitation Of The Power Of Imposing Them.

For My Part, I Sincerely Esteem The Constitution, A System Which Without The Finger Of God, Never Could Have Been Suggested And Agreed Upon By Such A Diversity Of Interests.

If There Are Such Things As Political Axioms, The Propriety Of The Judicial Power Of A Government Being Co-extensive With Its Legislative, May Be Ranked Among The Number.

The Best We Can Hope For Concerning The People At Large Is That They Be Properly Armed.

The Laws Of Congress Are Restricted To A Certain Sphere, And When They Depart From This Sphere, They Are No Longer Supreme Or Binding.

It Is Of The Nature Of War To Increase The Executive At The Expense Of The Legislative Authority.

The Principal Purposes To Be Answered By Union Are These The Common Defense Of The Members; The Preservation Of The Public Peace As Well Against Internal Convulsions As External Attacks; The Regulation Of Commerce With Other Nations And Between The States; The Superintendence Of Our Intercourse, Political And Commercial, With Foreign Countries.

A Promise Must Never Be Broken.

[w]e Must Extend The Authority Of The Union To The Persons Of The Citizens - The Only Proper Objects Of Government.

A Nation Has A Right To Manage Its Own Concerns As It Thinks Fit.

Ambition Without Principle Never Was Long Under The Guidance Of Good Sense.

If We Set Out With... A Scrupulous Regard To The Constitution, The Government Will Acquire A Spirit And A Tone Productive Of Permanent Blessings To The Community. If On The Contrary,... The Constitution Is Slighted, Or Explained Away, Upon Every Frivolous Pretext, The Future Of Government Will Be Feeble, Distracted And Arbitrary. The Rights Of The Subjects Will Be The Sport Of Every Party Vicissitude. There Will Be No Settled Rule Of Conduct, But Everything Will Fluctuate With The Alternate Prevalency Of Contending Factions.

It Has Been Frequently Remarked, That It Seems To Have Been Reserved To The People Of This Country To Decide, By Their Conduct And Example, The Important Question, Whether Societies Of Men Are Really Capable Or Not, Of Establishing Good Government From Reflection And Choice, Or Whether They Are Forever Destined To Depend, For Their Political Constitutions, On Accident And Force.

Let Americans Disdain To Be The Instruments Of European Greatness! Let The Thirteen States, Bound Together In A Strict And Indissoluble Union, Concur In Erecting One Great American System, Superior To The Control Of All Transatlantic Force Or Influence, And Able To Dictate The Terms Of The Connection Between The Old And The New World!

[a] Power Equal To Every Possible Contingency Must Exist Somewhere In The Government . . .

Here, Sir, The People Govern; Here They Act By Their Immediate Representatives.

Representatives

A Fondness For Power Is Implanted In Most Men, And It Is Natural To Abuse It When Acquired.

A Government, The Constitution Of Which Renders It Unfit To Be Trusted With All The Powers Which A Free People Ought To Delegate To Any Government, Would Be An Unsafe And Improper Depositary Of The National Interests.

It Is A General Principle Of Human Nature, That A Man Will Be Interested In Whatever He Possesses, In Proportion To The Firmness Or Precariousness Of The Tenure By Which He Holds It.

If It Were To Be Asked, What Is The Most Sacred Duty And The Greatest Source Of Our Security In A Republic? The Answer Would Be, An Inviolable Respect For The Constitution And Laws - The First Growing Out Of The Last . . . . A Sacred Respect For The Constitutional Law Is The Vital Principle, The Sustaining Energy Of A Free Government.

It Is The Press Which Has Corrupted Our Political Morals - And It Is To The Press We Must Look For The Means Of Our Political Regeneration.

It Equally Proves, That Though Individual Oppression May Now And Then Proceed From The Courts Of Justice, The General Liberty Of The People Can Never Be Endangered From That Quarter; I Mean So Long As The Judiciary Remains Truly Distinct From Both The Legislature And The Executive. For I Agree, That "there Is No Liberty, If The Power Of Judging Be Not Separated From The Legislative And Executive Powers." And It Proves, In The Last Place, That As Liberty Can Have Nothing To Fear From The Judiciary Alone, But Would Have Every Thing To Fear From Its Union With Either Of The Other Departments.

The Changes In The Human Condition Are Uncertain And Frequent. Many, On Whom Fortune Has Bestowed Her Favours, May Trace Their Family To A More Unprosperous Station; And Many Who Are Now In Obscurity, May Look Back Upon The Affluence And Exalted Rank Of Their Ancestors.

It Is Just Observation That The People Commonly Intend The Public Good.

The Increasing Remoteness Of Consanguinity Is Everyday Diminishing The Force Of The Family Compact Between France And Spain. And Politicians Have Ever With Great Reason Considered The Ties Of Blood As Feeble And Precarious Links Of Political Connection.

The Prosperity Of Commerce Is Now Perceived And Acknowledged By All Enlightened Statesmen To Be The Most Useful As Well As The Most Productive Source Of National Wealth, And Has Accordingly Become A Primary Object Of Their Political Cares.

Man Is Either Governed By His Own Laws - Freedom - Or The Laws Of Another - Slavery. Are You Willing To Become Slaves? Will You Give Up Your Freedom, Your Life And Your Property Without A Single Struggle? No Man Has A Right To Rule Over His Fellow Creatures.

Now, Mark My Words. So Long As We Are A Young And Virtuous People, This Instument Will Bind Us Together In Mutual Interests, Mutual Welfare, And Mutual Happiness. But When We Become Old And Corrupt, It Will Bind No Longer.

Mutual Interest

I Should Esteem It The Extreme Of Imprudence To Prolong The Precarious State Of Our National Affairs, And To Expose The Union To The Jeopardy Of Successive Experiments, In The Chimerical Pursuit Of A Perfect Plan. I Never Expect To See A Perfect Work From Imperfect Man. The Result Of The Deliberations Of All Collective Bodies Must Necessarily Be A Compound, As Well Of The Errors And Prejudices, As Of The Good Sense And Wisdom, Of The Individuals Of Whom They Are Composed.

But Though A Funded Debt Is Not In The First Instance, An Absolute Increase Of Capital, Or An Augmentation Of Real Wealth; Yet By Serving As A New Power In The Operation Of Industry, It Has Within Certain Bounds A Tendency To Increase The Real Wealth Of A Community, In Like Manner As Money Borrowed By A Thrifty Farmer, To Be Laid Out In The Improvement Of His Farm May, In The End, Add To His Stock Of Real Riches.

Every Nation Ought To Have A Right To Provide For Its Own Happiness.

In A Free Government, The Security For Civil Rights Must Be The Same As That For Religious Rights. It Consists In The One Case In The Multiplicity Of Interests, And In The Other In The Multiplicity Of Sects.

All Communities Divide Themselves Into The Few And The Many. The First Are The Rich And Well Born, The Other The Mass Of The People. The Voice Of The People Has Been Said To Be The Voice Of God; And However Generally This Maxim Has Been Quoted And Believed, It Is Not True In Fact. The People Are Turbulent And Changing; They Seldom Judge Or Determine Right. Give Therefore To The First Class A Distinct, Permanent Share In The Government.

A Law, By The Very Meaning Of The Term, Includes Supremacy. It Is A Rule Which Those To Whom It Is Prescribed Are Bound To Observe. This Results From Every Political Association.

Nothing Is More Natural To Men In Office, Than To Look With Peculiar Deference Towards That Authority To Which They Owe Their Official Existence.

. . . [the Judicial Branch] May Truly Be Said To Have Neither Force Nor Will, But Merely Judgment; And Must Ultimately Depend Upon The Aid Of The Executive Arm Even For The Efficacy Of Its Judgments.

Safety From External Danger Is The Most Powerful Director Of National Conduct. Even The Ardent Love Of Liberty Will, After A Time, Give Way To Its Dictates. The Violent Destruction Of Life And Property Incident To War, The Continual Effort And Alarm Attendant On A State Of Continual Danger, Will Compel Nations The Most Attached To Liberty To Resort For Repose And Security To Institutions Which Have A Tendency To Destroy Their Civil And Political Rights. To Be More Safe, They At Length Become Willing To Run The Risk Of Being Less Free.

The Instrument By Which It [government] Must Act Are Either The Authority Of The Laws Or Force. If The First Be Destroyed, The Last Must Be Substituted; And Where This Becomes The Ordinary Instrument Of Government There Is An End To Liberty!

The Awful Discretion, Which A Court Of Impeachments Must Necessarily Have, To Doom To Honor Or To Infamy The Most Confidential And The Most Distinguished Characters Of The Community, Forbids The Commitment Of The Trust To A Small Number Of Persons.

Divide Et Impera Must Be The Motto Of Every Nation That Either Hates Or Fears Us.

A Fondness For Power Is Implanted In Most Men, And It Is Natural To Abuse It When Acquired. This Maxim, Drawn From The Experience Of All Ages, Makes It The Height Of Folly To Intrust Any Set Of Men With Power Which Is Not Under Every Possible Control; Perpetual Strides Are Made After More As Long As There Is Any Part Withheld.

It Is By Far The Safer Course To Lay [considerations Of The Future] Altogether Aside; And To Confine Our Attention Wholly To The Nature And Extent Of The Powers As They Are Delineated In The Constitution. Everything Beyond This, Must Be Left To The Prudence And Firmness Of The People; Who, As They Will Hold The Scales In Their Own Hands, It Is To Be Hoped, Will Always Take Care To Preserve The Constitutional Equilibrium Between The General And State Governments.

The Institution Of Delegated Power Implies That There Is A Portion Of Virtue And Honor Among Mankind Which May Be A Reasonable Foundation Of Confidence.

A National Debt If It Is Not Excessive Will Be To Us A National Blessing; It Will Be Powerfull Cement Of Our Union. It Will Also Create A Necessity For Keeping Up Taxation To A Degree Which Without Being Oppressive, Will Be A Spur To Industry.

There May Be In Every Government A Few Choice Spirits, Who May Act From More Worthy Motives. One Great Error Is That We Suppose Mankind More Honest Than They Are. Our Prevailing Passions Are Ambition And Interest.

That There May Happen Cases In Which The National Government May Be Necessitated To Resort To Force, Cannot Be Denied.

I Propose . . . . The Conformity Of The Proposed Constitution To The True Principles Of Republican Government.

Republican Government

If It Be Said That The Legislative Body Are Themselves The Constitutional Judges Of Their Own Powers, And That The Construction They Put Upon Them Is Conclusive Upon The Other Departments, It May Be Answered, That This Cannot Be The Natural Presumption, Where It Is Not Be Collected From Any Particular Provisions In The Constitution.

To Judge From The History Of Mankind, We Shall Be Compelled To Conclude, That The Fiery And Destructive Passions Of War, Reign In The Human Breast, With Much More Powerful Sway, Than The Mild And Beneficent Sentiments Of Peace.

These Are Not Vague Inferences . . . But They Are Solid Conclusions Drawn From The Natural And Necessary Progress Of Human Affairs.

Every Individual Of The Community At Large Has An Equal Right To The Protection Of Government.

It May Be Laid Down As A General Rule, That Their Confidence In And Obedience To A Government, Will Be Commonly Proportioned To The Goodness Or Badness Of Its Administration . . . . Various Reasons Have Been Suggested In The Course Of These Papers, To Induce A Probability That The General Government Will Be Better Administered Than The Particular Governments.

Constitutions Of Civil Government Are Not To Be Framed Upon A Calculation Of Existing Exigencies, But Upon A Combination Of These With The Probable Exigencies Of Ages, According To The Natural And Tried Course Of Human Affairs. Nothing, Therefore, Can Be More Fallacious Than To Infer The Extent Of Any Power, Proper To Be Lodged In The National Government, From An Estimate Of Its Immediate Necessities.

The History Of Human Conduct Does Not Warrant That Exalted Opinion Of Human Virtue Which Would Make It Wise In A Nation To Commit Interests Of So Delicate And Momentous A Kind As Those Which Concern Its Intercourse With The Rest Of The World, To The Sole Disposal Of A Magistrate, Created And Circumstanced, As Would Be A President Of The United States.

This Power Ought To Be Coextensive With All The Possible Combinations Of Such Circumstances; And Ought To Be Under The Direction Of The Same Councils Which Are Appointed To Preside Over The Common Defense.

Foreign Influence Is Truly The Grecian Horse To A Republic. We Cannot Be Too Careful To Exclude Its Influence.

The Treaties Of The United States, To Have Any Force At All, Must Be Considered As Part Of The Law Of The Land.

It Is One Thing To Be Subordinate To The Laws, And Another [for The Executive] To Be Dependent On The Legislative Body. The First Comports With, The Last Violates, The Fundamental Principles Of Good Government; And, Whatever May Be The Forms Of The Constitution, Unites All Power In The Same Hands.

[e]very Act Of A Delegated Authority, Contrary To The Tenor Of The Commission Under Which It Is Exercised, Is Void. No Legislative Act, Therefore, Contrary To The Constitution, Can Be Valid. To Deny This, Would Be To Affirm, That The Deputy Is Greater Than His Principal; That The Servant Is Above His Master; That The Representatives Of The People Are Superior To The People Themselves; That Men Acting By Virtue Of Powers, May Do Not Only What Their Powers Do Not Authorize, But What They Forbid.

There Is Perhaps, Nothing More Likely To Disturb The Tranquillity Of Nations, Than Their Being Bound To Mutual Contributions For Any Common Object That Does Not Yield An Equal And Coincident Benefit. For It Is An Observation As True, As It Is Trite, That There Is Nothing Men Differ So Readily About As The Payment Of Money.

One Great Error Is That We Suppose Mankind More Honest Than They Are.

There Is At This Present Juncture, A Certain Fermentation Of Mind, A Certain Activity Of Speculation And Enterprise Which If Properly Directed May Be Made Subservient To Useful Purposes; But Which If Left Entirely To Itself, May Be Attended With Pernicious Effects.

This [a State Militia System] Appears To Me The Only Substitute That Can Be Devised For A Standing Army, And The Best Possible Security Against It, If It Should Exist.

Second Amendment

Right To Bear Arms

To Watch The Progress Of Such Endeavors Is The Office Of A Free Press. To Give Us Early Alarm And Put Us On Our Guard Against Encroachments Of Power. This Then Is A Right Of Utmost Importance, One For Which, Instead Of Yielding It Up, We Ought Rather To Spill Our Blood.

If The End Be Clearly Comprehended Within Any Of The Specified Powers, And If The Measure Have An Obvious Relation To That End, And Is Not Forbidden By Any Particular Provision Of The Constitution, It May Safely Be Deemed To Come Within The Compass Of The National Authority.

The Loss Of Liberty To A Generous Mind Is Worse Than Death.

Give All The Power To The Many, They Will Oppress The Few. Give All The Power To The Few, They Will Oppress The Many.

The Republican Principle Demands That The Deliberate Sense Of The Community Should Govern The Conduct Of Those To Whom They Intrust The Management Of Their Affairs; But It Does Not Require An Unqualified Complaisance To Every Sudden Breeze Of Passion Or To Every Transient Impulse Which The People May Receive From The Arts Of Men, Who Flatter Their Prejudices To Betray Their Interests.

A Well Adjusted Person Is One Who Makes The Same Mistake Twice Without Getting Nervous.

And As The Vicissitudes Of Nations Beget A Perpetual Tendency To The Accumulation Of Debt, There Ought To Be In Every Government A Perpetual, Anxious, And Unceasing Effort To Reduce That, Which At Any Times Exists, As Fast As Shall Be Practicable Consistently With Integrity And Good Faith.

To Look For A Continuation In Harmony Between A Number Of Independent Unconnected Sovereignties, Situated In The Same Neighborhood, Would Be To Disregard The Uniform Course Of Human Events, And To Set At Defiance The Accumulated Experience Of Ages.

By Multiplying The Means Of Gratification, By Promoting The Introduction And Circulation Of The Precious Metals, Those Darling Objects Of Human Avarice And Enterprise, It Serves To Vivify And Invigorate The Channels Of Industry, And To Make Them Flow With Greater Activity And Copiousness. The Assiduous Merchant, The Laborious Husbandman, The Active Mechanic, And The Industrious Manufacturer,-all Orders Of Men, Look Forward With Eager Expectation And Growing Alacrity To This Pleasing Reward Of Their Toils.

Experience Is The Oracle Of Truth; And Where Its Responses Are Unequivocal, They Ought To Be Conclusive And Sacred.

Man Is A Reasoning Rather Than A Reasonable Animal.

And It Proves, In The Last Place, That Liberty Can Have Nothing To Fear From The Judiciary Alone, But Would Have Everything To Fear From Its Union With Either Of The Other Departments.

Executive Power

Take Mankind In General, They Are Vicious-their Passions May Be Operated Upon.

Self-preservation Is The First Principle Of Our Nature.

There Are Some Who Maintain That Trade Will Regulate Itself, And It Is Not To Be Benefited By The Encouragements Or Restraints Of Government. Such Persons Will Imagine That There Is No Need Of A Common Directing Power. This Is One Of Those Wild Speculative Paradoxes, Which Have Grown Into Credit Among Us, Contrary To The Uniform Practice And Sense Of The Most Enlightened Nations.

It May Safely Be Received As An Axiom In Our Political System, That The State Governments Will In All Possible Contingencies Afford Complete Security Against Invasions Of The Public Liberty By The National Authority.

The Complete Independence Of The Courts Of Justice Is Peculiarly Essential In A Limited Constitution. By A Limited Constitution, I Understand One Which Contains Certain Specified Exceptions To The Legislative Authority. Limitations Of This Kind Can Be Preserved In Practice No Other Way Than Through The Medium Of Courts Of Justice, Whose Duty It Must Be To Declare All Acts Contrary To The Manifest Tenor Of The Constitution Void. Without This, All The Reservations Of Particular Rights Or Privileges Would Amount To Nothing.

It Will Follow That That Government Ought To Be Clothed With All Powers Requisite To Complete Execution Of Its Trust.

Industry Is Increased, Commodities Are Multiplied, Agriculture And Manufacturers Flourish: And Herein Consists The True Wealth And Prosperity Of A State.

There Can Be No Profit In The Making Or Selling Of Things To Be Destroyed In War. Men May Think That They Have Such Profit, But In The End The Profit Will Turn Out To Be A Loss.

Every Power Vested In A Government Is In Its Nature Sovereign, And Includes By Force Of The Term A Right To Employ All The Means Requisite . . . To The Attainment Of The Ends Of Such Power.

Unless Your Government Is Respectable, Foreigners Will Invade Your Rights; And To Maintain Tranquillity You Must Be Respectable; Even To Observe Neutrality You Must Have A Strong Government.

Of All The Cares Or Concerns Of Government, The Direction Of War Most Peculiarly Demands Those Qualities Which Distinguish The Exercise Of Power By A Single Hand. The Direction Of War Implies The Direction Of The Common Strength; And The Power Of Directing And Employing The Common Strength, Forms A Usual And Essential Part In The Definition Of The Executive Authority.

If The Federal Government Should Overpass The Just Bounds Of Its Authority And Make A Tyrannical Use Of Its Powers, The People, Whose Creature It Is, Must Appeal To The Standard They Have Formed, And Take Such Measures To Redress The Injury Done To The Constitution As The Exigency May Suggest And Prudence Justify.

The President, And Government, Will Only Control The Militia When A Part Of Them Is In The Actual Service Of The Federal Government, Else, They Are Independent And Not Under The Command Of The President Or The Government. The States Would Control The Militia, Only When Called Out Into The Service Of The State, And Then The Governor Would Be Commander In Chief Where Enumerated In The Respective State Constitution.

I Expect We Shall Be Told, That The Militia Of The Country Is Its Natural Bulwark, And Would Be At All Times Equal To The National Defence...the Facts, Which From Our Own Experience Forbid A Reliance Of This Kind, Are Too Recent To Permit Us To Be The Dupes Of Such A Suggestion.

It Is A Singular Capriciousness Of The Human Mind, That After All The Admonitions We Have Had From Experience On This Head, There Should Still Be Found Men, Who Object To The New Constitution For Deviating From A Principle Which Has Been Found The Bane Of The Old.

Hard Words Are Very Rarely Useful. Real Firmness Is Good For Every Thing. Strut Is Good For Nothing.

To Cherish And Stimulate The Activity Of The Human Mind, By Multiplying The Objects Of Enterprise, Is Not Among The Least Considerable Of The Expedients, By Which The Wealth Of A Nation May Be Promoted. Even Things In Themselves Not Positively Advantageous, Sometimes Become So, By Their Tendency To Provoke Exertion. Every New Scene, Which Is Opened To The Busy Nature Of Man To Rouse And Exert Itself, Is The Addition Of A New Energy To The General Stock Of Effort.

If, Then, The Courts Of Justice Are To Be Considered As The Bulwarks Of A Limited Constitution Against Legislative Encroachments, This Consideration Will Afford A Strong Argument For The Permanent Tenure Of Judicial Offices, Since Nothing Will Contribute So Much As This To That Independent Spirit In The Judges Which Must Be Essential To The Faithful Performance Of So Arduous A Duty.

How Can You Trust People Who Are Poor And Own No Property? ... Inequality Of Property Will Exist As Long As Liberty Exists.

In Disquisitions Of Every Kind There Are Certain Primary Truths, Or First Principles, Upon Which All Subsequent Reasoning Must Depend.

The Liberty Of The Press Consists In The Right To Publish With Impunity Truth With Good Motives For Justifiable Ends, Though Reflecting On Government, Magistracy, Or Individuals.

The Voice Of The People Has Been Said To Be The Voice Of God; And, However Generally This Maxim Has Been Quoted And Believed, It Is Not True To Fact. The People Are Turbulent And Changing, They Seldom Judge Or Determine Right.

In Politics, As In Religion, It Is Equally Absurd To Aim At Making Proselytes By Fire And Sword. Heresies In Either Can Rarely Be Cured By Persecution.

Separation Of Church And State

Government Is Frequently And Aptly Classed Under Two Descriptions-a Government Of Force, And A Government Of Laws; The First Is The Definition Of Despotism-the Last, Of Liberty.

After An Unequivocal Experience Of The Inefficacy Of The Subsisting Federal Government, You Are Called Upon To Deliberate On A New Constitution For The United States Of America.

It's Not Tyranny We Desire; It's A Just, Limited, Federal Government.

Were Not The Disadvantages Of Slavery Too Obvious To Stand In Need Of It, I Might Enumerate And Describe The Tedious Train Of Calamities Inseparable From It. I Might Show That It Is Fatal To Religion And Morality; That It Tends To Debase The Mind, And Corrupt Its Noblest Springs Of Action. I Might Show That It Relaxes The Sinews Of Industry, Clips The Wings Of Commerce, And Introduces Misery And Indigence In Every Shape.

The History Of Ancient And Modern Republics Had Taught Them That Many Of The Evils Which Those Republics Suffered Arose From The Want Of A Certain Balance, And That Mutual Control Indispensable To A Wise Administration. They Were Convinced That Popular Assemblies Are Frequently Misguided By Ignorance, By Sudden Impulses, And The Intrigues Of Ambitious Men; And That Some Firm Barrier Against These Operations Was Necessary. They, Therefore, Instituted Your Senate.

Nothing Could Be More Ill-judged Than That Intolerant Spirit Which Has, At All Times, Characterized Political Parties.

The Origin Of All Civil Government, Justly Established, Must Be A Voluntary Compact, Between The Rulers And The Ruled; And Must Be Liable To Such Limitations, As Are Necessary For The Security Of The Absolute Rights Of The Latter; For What Original Title Can Any Man Or Set Of Men Have, To Govern Others, Except Their Own Consent?

To All General Purposes We Have Uniformly Been One People Each Individual Citizen Everywhere Enjoying The Same National Rights, Privileges, And Protection.

Would There Not Be The Greatest Reason To Apprehend, That Error In The First Sentence Would Be The Parent Of Error In The Second Sentence? That The Strong Bias Of One Decision Would Be Apt To Overrule The Influence Of Any New Lights, Which Might Be Brought To Vary The Complexion Of Another Decision? Those, Who Know Any Thing Of Human Nature, Will Not Hesitate To Answer These Questions In The Affirmative.

What Bitter Anguish Would Not The People Of Athens Have Often Escaped If Their Government Had Contained So Provident A Safeguard Against Tyranny Of Their Own Passions? Popular Liberty Might Then Have Escaped The Indelible Reproach Of Decreeing To The Same Citizens The Hemlock On One Day And Statutes The Next.

Take Mankind As They Are, And What Are They Governed By? Their Passions.

In All Very Numerous Assemblies, Of Whatever Character Composed, Passion Never Fails To Wrest The Sceptre From Reason. Had Every Athenian Citizen Been A Socrates, Every Athenian Assembly Would Still Have Been A Mob.

That Instability Is Inherent In The Nature Of Popular Governments, I Think Very Disputable … A Representative Democracy, Where The Right Of Election Is Well Secured And Regulated & The Exercise Of The Legislature, Executive, And Judiciary Authorities, Is Vested In Select Persons, Chosen Really And Not Nominally By The People, Will In My Opinion Be Most Likely To Be Happy, Regular And Durable.

I Have A Tender Reliance On The Mercy Of The Almighty, Through The Merits Of The Lord Jesus Christ. I Am A Sinner. I Look To Him For Mercy; Pray For Me.

But Might Not His [the President's] Nomination Be Overruled? I Grant It Might, Yet This Could Only Be To Make Place For Another Nomination By Himself. The Person Ultimately Appointed Must Be Object Of His Preference, Though Perhaps Not In The First Degree. It Is Also Not Very Probable That His Nomination Would Often Be Overruled.

If The Exercise Of Power Of Internal Taxation By The Union Should Be Discovered On Experiment To Be Really Inconvenient, The Federal Government May Then Forbear The Use Of It . . .

It Is Astonishing That So Simple A Truth Should Ever Have Had An Adversary; And It Is One Among A Multitude Of Proofs, How Apt A Spirit Of Ill-informed Jealousy, Or Of Too Great Abstraction And Refinement Is To Lead Men Astray From The Plainest Paths Of Reason And Conviction.

That Experience Is The Parent Of Wisdom Is An Adage The Truth Of Which Is Recognized By The Wisest As Well As The Simplest Of Mankind.

The Power Of Creating New Funds Upon New Objects Of Taxation, By Its Own Authority, Would Enable The National Government To Borrow As Far As Its Necessities Might Require.

The True Principle Of Government Is This - Make The System Compleat In Its Structure; Give A Perfect Proportion And Balance To Its Parts; And The Powers You Give It Will Never Affect Your Security.

The Art Of Reading Is To Skip Judiciously.

It Was Remarked Yesterday That A Numerous Representation Was Necessary To Obtain The Confidence Of The People. This Is Not Generally True. The Confidence Of The People Will Easily Be Gained By A Good Administration. This Is The True Touchstone.

It Will Be Forgotten, On The One Hand, That Jealousy Is The Usual Concomitant Of Violent Love, And That The Noble Enthusiasm Of Liberty Is Too Apt To Be Infected With A Spirit Of Narrow And Illiberal Distrust. On The Other Hand, It Will Be Equally Forgotten, That The Vigour Of Government Is Essential To The Security Of Liberty.

[s]ound Policy Condemns The Practice Of Accumulating Debts.

A National Debt, If It Is Not Excessive, Will Be To Us A National Blessing.

It Is Of The Greatest Consequence That The Debt Should, With The Consent Of The Creditors, Be Remoulded Into Such A Shape As Will Bring The Expenditure Of The Nation To A Level With Its Income. Till This Shall Be Accomplished, The Finances Of The United States Will Never Wear A Proper Countenance. Arrears Of Interest, Continually Accruing, Will Be As Continual A Monument, Either Of Inability, Or Of Ill Faith And Will Not Cease To Have An Evil Influence On Public Credit.

It Is The Advertiser Who Provides The Paper For The Subscriber. It Is Not To Be Disputed, That The Publisher Of A Newspaper In This Country, Without A Very Exhaustive Advertising Support, Would Receive Less Reward For His Labor Than The Humblest Mechanic.

The Rights Of Neutrality Will Only Be Respected When They Are Defended By An Adequate Power. A Nation, Despicable By Its Weakness, Forfeits Even The Privilege Of Being Neutral.

Men Give Me Credit For Some Genius. All The Genius I Have Lies In This; When I Have A Subject In Hand, I Study It Profoundly. Day And Night It Is Before Me. My Mind Becomes Pervaded With It. Then The Effort That I Have Made Is What People Are Pleased To Call The Fruit Of Genius. It Is The Fruit Of Labor And Thought.

The Experience Of Past Ages May Inform Us, That When The Circumstances Of A People Render Them Distressed, Their Rulers Generally Recur To Severe, Cruel, And Oppressive Measures. Instead Of Endeavoring To Establish Their Authority In The Affection Of Their Subjects, They Think They Have No Security But In Their Fear.

When Occasions Present Themselves, In Which The Interests Of The People Are At Variance With Their Inclinations, It Is The Duty Of The Persons Whom They Have Appointed To Be The Guardians Of Those Interests, To Withstand The Temporary Delusion, In Order To Give Them Time And Opportunity For More Cool And Sedate Reflection.

What Is The Most Sacred Duty And The Greatest Source Of Our Security In A Republic? An Inviolable Respect For The Constitution And Laws.

It Is An Unquestionable Truth, That The Body Of The People In Every Country Desire Sincerely Its Prosperity. But It Is Equally Unquestionable That They Do Not Possess The Discernment And Stability Necessary For Systematic Government. To Deny That They Are Frequently Led Into The Grossest Of Errors, By Misinformation And Passion, Would Be A Flattery Which Their Own Good Sense Must Despise.

These Powers Ought To Exist Without Limitation, Because It Is Impossible To Foresee Or To Define The Extent And Variety Of National Exigencies, And The Correspondent Extent And Variety Of The Means Which May Be Necessary To Satisfy Them.

An Over-scrupulous Jealousy Of Danger To The Rights Of The People, Which Is More Commonly The Fault Of The Head Than Of The Heart, Will Be Represented As Mere Pretense And Artifice, The Stale Bait For Popularity At The Expense Of The Public Good.

Hence, In A State Of Nature, No Man Had Any Moral Power To Deprive Another Of His Life, Limbs, Property, Or Liberty; Nor The Least Authority To Command Or Exact Obedience From Him, Except That Which Arose From The Ties Of Consanguinity.

The State Governments Possess Inherent Advantages, Which Will Ever Give Them An Influence And Ascendancy Over The National Government, And Will For Ever Preclude The Possibility Of Federal Encroachments. That Their Liberties, Indeed, Can Be Subverted By The Federal Head, Is Repugnant To Every Rule Of Political Calculation.

To Attach Full Confidence To An Institution Of This Nature, It Appears To Be An Essential Ingredient In Its Structure, That It Shall Be Under Private And Not A Public Direction-under The Guidance Of Individual Interest, Not Of Public Policy; Which, Would Be . . . Liable To Being Too Much Influenced By Public Necessity.

The Only Constitutional Exception To The Power Of Making Treaties Is, That It Shall Not Change The Constitution.… On Natural Principles, A Treaty, Which Should Manifestly Betray Or Sacrifice Primary Interests Of The State, Would Be Null.

When Human Laws Contradict Or Discountenance The Means, Which Are Necessary To Preserve The Essential Rights Of Any Society, They Defeat The Proper End Of All Laws, And So Become Null And Void.

[t]he Present Constitution Is The Standard To Which We Are To Cling. Under Its Banners, Bona Fide Must We Combat Our Political Foes - Rejecting All Changes But Through The Channel Itself Provides For Amendments.

For, When The Credit Of A Country Is In Any Degree Questionable, It Never Fails To Give On Extravagant Premium, In One Shape Or Another, Upon All The Loans It Has Occasion To Make. Nor Does The Evil End Here; The Same Disadvantage Must Be Sustained Upon Whatever Is To Be Bought On Terms Of Future Payment. From This Constant Necessity Of Borrowing And Buying Dear, It Is Easy To Conceive How Immensely The Expenses Of A Nation, In A Course Of Time, Will Be Augmented By An Unsound State Of The Public Credit.

While The Constitution Continues To Be Read, And Its Principles Known, The States, Must, By Every Rational Man, Be Considered As Essential Component Parts Of The Union; And Therefore The Idea Of Sacrificing The Former To The Latter Is Totally Inadmissible.

To Presume A Want Of Motives For Such Contests . . . Would Be To Forget That Men Are Ambitious, Vindictive, And Rapacious.

The Passions Of A Revolution Are Apt To Hurry Even Good Men Into Excesses.

Upon This Law, Depend The Natural Rights Of Mankind, The Supreme Being Gave Existence To Man, Together With The Means Of Preserving And Beatifying That Existence. He Endowed Him With Rational Faculties, By The Help Of Which, To Discern And Pursue Such Things, As Were Consistent With His Duty And Interest, And Invested Him With An Inviolable Right To Personal Liberty, And Personal Safety.

Man Is Very Much A Creature Of Habit. A Thing That Rarely Strikes His Senses Will Generally Have But Little Influence Upon His Mind. A Government Continually At A Distance And Out Of Sight, Can Hardly Be Expected To Interest The Sensations Of The People. The Inference Is, That The Authority Of The Union, And The Affections Of The Citizens Towards It, Will Be Strengthened Rather Than Weakened By Its Extension To What Are Called Matters Of Internal Concern.

It Has Been Observed That A Pure Democracy If It Were Practicable Would Be The Most Perfect Government. Experience Has Proved That No Position Is More False Than This. The Ancient Democracies In Which The People Themselves Deliberated Never Possessed One Good Feature Of Government. Their Very Character Was Tyranny; Their Figure Deformity.

Democracies Have

Nothing Can Be More Evident, Than That An Exclusive Power Of Regulating Elections For The National Government, In The Hands Of The State Legislatures, Would Leave The Existence Of The Union Entirely At Their Mercy . . . . It Is To Little Purpose To Say That A Neglect Or Omission Of This Kind [not Letting The Feds Have Elections], Would Be Unlikely To Take Place. The Constitutional Possibility Of The Thing, Without An Equivalent For The Risk, Is An Unanswerable Objection.

I Would Die To Preserve The Law Upon A Solid Foundation; But Take Away Liberty, And The Foundation Is Destroyed.

We Are Now Forming A Republican Government. Real Liberty Is Never Found In Despotism Or The Extremes Of Democracy, But In Moderate Governments.

In So Strong A Light, Nevertheless, Do They Appear To The Secretary, That, On Their Due Observance, At The Present Critical Juncture, Materially Depend, In His Judgment, The Individual And Aggregate Prosperity Of The Citizens Of The United States; Their Relief From The Embarrassments They Now Experience; Their Character As A People; The Cause Of Good Government.

... For It Is A Truth, Which The Experience Of All Ages Has Attested, That The People Are Commonly Most In Danger When The Means Of Insuring Their Rights Are In The Possession Of Those Of Whom They Entertain The Least Suspicion.

[v]igor Of Government Is Essential To The Security Of Liberty.

Necessity, Especially In Politics, Often Occasions False Hopes, False Reasonings, And A System Of Measures, Correspondingly Erroneous.

[if You Understood The Natural Rights Of Mankind,] [y]ou Would Be Convinced That Natural Liberty Is A Gift Of The Beneficent Creator To The Whole Human Race, And That Civil Liberty Is Founded In That, And Cannot Be Wrested From Any People Without The Most Manifest Violation Of Justice.

I Have Thought It My Duty To Exhibit Things As They Are, Not As They Ought To Be.

If The Constitution Is Adopted (and It Was) The Union Will Be In Fact And In Theory An Association Of States Or A Confederacy.

As You Sometimes Swear By Him That Made You, I Conclude Your Sentiments Do Not Correspond With His, In That Which Is The Basis Of The Doctrine You Both Agree In: And This Makes It Impossible To Imagine Whence This Congruity Between You Arises. "to Grant That There Is A Supreme Intelligence Who Rules The World And Has Established Laws To Regulate The Actions Of His Creatures; And Still To Assert That Man, In A State Of Nature, May Be Considered As Perfectly Free From All Restraints Of Law And Government, Appears To A Common Understanding Altogether Irreconcilable.

This Process Of Election Affords A Moral Certainty That The Office Of President Will Seldom Fall To The Lot Of Any Many Who Is Not In An Eminent Degree Endowed With The Requisite Qualifications.

Laws Are A Dead Letter Without Courts To Expound And Define Their True Meaning And Operation.

Would They Not Fear That Citizens Not Less Tenacious Than Conscious Of Their Rights Would Flock From The Remotest Extremes Of Their Respective States To The Places Of Election, To Overthrow Their Tyrants, And To Substitute Men Who Would Be Disposed To Avenge The Violated Majesty Of The People?

Establish That A Government May Decline A Provision For Its Debts, Though Able To Make It, And You Overthrow All Public Morality, You Unhinge All The Principles That Must Preserve The Limits Of Free Constitutions.

War, Like Most Other Things, Is A Science To Be Acquired And Perfected By Diligence, By Perserverance, By Time, And By Practice.

Has It Been Found That Bodies Of Men Act With More Rectitude Or Greater Disinterestedness Than Individuals? The Contrary Of This Has Been Inferred By All Accurate Observers Of The Conduct Of Mankind; And The Inference Is Founded Upon Obvious Reasons. Regard To Reputation Has A Less Active Influence, When The Infamy Of A Bad Action Is To Be Divided Among A Number Than When It Is To Fall Singly Upon One.

A Powerful, Victorious Ally Is Yet Another Name For Master.

It May Be Said That The Power Of Preventing Bad Laws Includes That Of Preventing Good Ones; And May Be Used To The One Purpose As Well As To The Other. But This Objection Will Have Little Weight With Those Who Can Properly Estimate The Mischiefs Of That Inconstancy And Mutability In The Laws, Which Form The Greatest Blemish In The Character And Genius Of Our Governments.

The Natural Cure For An Ill-administration, In A Popular Or Representative Constitution, Is A Change Of Men.

This Balance Between The National And State Governments Ought To Be Dwelt On With Peculiar Attention, As It Is Of The Utmost Importance. It Forms A Double Security To The People. If One Encroaches On Their Rights They Will Find A Powerful Protection In The Other. Indeed, They Will Both Be Prevented From Overpassing Their Constitutional Limits By A Certain Rivalship, Which Will Ever Subsist Between Them.

The Convention Probably Foresaw What It Has Been A Principal Aim Of These Papers To Inculcate That The Danger Which Most Threatens Our Political Welfare Is, That The State Governments Will Finally Sap The Foundations Of The Union.

In A Government Framed For Durable Liberty, Not Less Regard Must Be Paid To Giving The Magistrate A Proper Degree Of Authority, To Make And Execute The Laws With Rigour, Than To Guarding Against Encroachments Upon The Rights Of The Community. As Too Much Power Leads To Despotism, Too Little Leads To Anarchy, And Both Eventually To The Ruin Of The People.

The Honor Of A Nation Is Its Life. Deliberately To Abandon It Is To Commit An Act Of Political Suicide.

Good And Wise Men, In All Ages, Have Embraced A Very Dissimilar Theory. They Have Supposed That The Deity, From The Relations We Stand In To Himself And To Each Other, Has Constituted An Eternal And Immutable Law, Which Is Indispensably Obligatory Upon All Mankind, Prior To Any Human Institution Whatever. This Is What Is Called The Law Of Nature....upon This Law Depend The Natural Rights Of Mankind.

The Attributes Of Sovereignty Are Now Enjoyed By Every State In The Union.

Perhaps Myself The First, At Some Expense Of Popularity, To Unfold The True Character Of Jefferson, It Is Too Late For Me To Become His Apologist. Nor Can I Have Any Disposition To Do It. I Admit That His Politics Are Tinctured With Fanaticism, That He Is Too Much In Earnest In His Democracy, That He Has Been A Mischievous Enemy To The Principle Measures Of Our Past Administration, That He Is Crafty & Persevering In His Objects, That He Is Not Scrupulous About The Means Of Success, Nor Very Mindful Of Truth, And That He Is A Contemptible Hypocrite.

Whoever Attentively Considers The Different Departments Of Power Must Perceive, That, In A Government In Which They Are Separated From Each Other, The Judiciary, From The Nature Of Its Functions, Will Always Be The Least Dangerous To The Political Rights Of The Constitution; Because It Will Be Least In A Capacity To Annoy Or Injure Them.

A Government Ought To Contain In Itself Every Power Requisite To The Full Accomplishment Of The Objects Committed To Its Care, And To The Complete Execution Of The Trusts For Which It Is Responsible, Free From Every Other Control But A Regard To The Public Good And To The Sense Of The People.

[t]he Constitution Ought To Be The Standard Of Construction For The Laws, And That Wherever There Is An Evident Opposition, The Laws Ought To Give Place To The Constitution. But This Doctrine Is Not Deducible From Any Circumstance Peculiar To The Plan Of Convention, But From The General Theory Of A Limited Constitution.

The Proposed Constitution, So Far From Implying An Abolition Of The State Governments, Makes Them Constituent Parts Of The National Sovereignty, By Allowing Them A Direct Representation In The Senate, And Leaves In Their Possession Certain Exclusive And Very Important Portions Of Sovereign Power. This Fully Corresponds, In Every Rational Import Of The Terms, With The Idea Of A Federal Government.

[imeachable Conduct Is] Misconduct By Public Men, Or, In Other Words, From The Abuse Or Violation Of Some Public Trust.

[i]n Framing A Government For A Nation We Ought, In Those Provisions Which Are Designed To Be Permanent, To Calculate Not On Temporary, But On Permanent Causes Of Expence.

Remember Civil And Religious Liberty Always Go Together: If The Foundation Of The One Be Sapped, The Other Will Fall Of Course.

In The Main It Will Be Found That A Power Over A Man's Support [salary] Is A Power Over His Will.

The Powers Contained In A Constitution...ought To Be Construed Liberally In Advancement Of The Public Good.

Allow A Government To Decline Paying Its Debts And You Overthrow All Public Morality-you Unhinge All The Principles That Preserve The Limits Of Free Constitutions. Nothing Can More Affect National Prosperity Than A Constant And Systematic Attention To Extinguish The Present Debt And To Avoid As Much As Possibly The Incurring Of Any New Debt.

What Plan For The Regulation Of The Militia May Be Pursued By The National Government Is Impossible To Be Foreseen...the Project Of Disciplining All The Militia Of The United States Is As Futile As It Would Be Injurious If It Were Capable Of Being Carried Into Execution... Little More Can Reasonably Be Aimed At With The Respect To The People At Large Than To Have Them Properly Armed And Equipped ; And In Order To See That This Be Not Neglected, It Will Be Necessary To Assemble Them Once Or Twice In The Course Of A Year.

No Man In His Senses Can Hesitate In Choosing To Be Free, Rather Than A Slave.

American Revolution

As On The One Hand, The Necessity For Borrowing In Particular Emergencies Cannot Be Doubted, So On The Other, It Is Equally Evident That To Be Able To Borrow Upon Good Terms, It Is Essential That The Credit Of A Nation Should Be Well Established.

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