Background Image

...

Hitherto My Observations Have Only Aimed At A Vindication Of The Provision In Question, On The Ground Of Theoretic Propriety . . . . But There Remains To Be Mentioned A Positive Advantage . . . I Allude To The Circumstance Of Uniformity In The Time Of Elections For The House Of Representatives. It Is More Than Possible, That This Uniformity May Be Found By Experience To Be Of Great Importance To The Public Welfare; Both As A Security Against The Perpetuation Of The Same Spirit In The Body; And As A Cure For The Diseases Of Faction.

-Alexander Hamilton

...

Please Wait....
Translating....

Hitherto My Observations Have

Alexander Hamilton

...

Hitherto My Observations Have Only Aimed At A Vindication Of The Provision In Question, On The Ground Of Theoretic Propriety . . . . But There Remains To Be Mentioned A Positive Advantage . . . I Allude To The Circumstance Of Uniformity In The Time Of Elections For The House Of Representatives. It Is More Than Possible, That This Uniformity May Be Found By Experience To Be Of Great Importance To The Public Welfare; Both As A Security Against The Perpetuation Of The Same Spirit In The Body; And As A Cure For The Diseases Of Faction.

Views: 7

Topic

More From Alexander Hamilton

With Regard To The Learned Professions, Little Need Be Observed; They Truly Form No Distinct Interest In Society . . . [discussing The Landed, Merchant, And Learned Classes In Legislative Assembly]. Will Not The Man Of The Learned Profession, Who Will Feel A Neutrality To The Rivalships Between The Different Branches Of Industry, Be Likely To Prove An Impartial Arbiter Between Them, Ready To Promote Either, So Far As It Shall Appear To Him Conducive To The General Interests Of Society?

Experience Teaches, That Men Are Often So Much Governed By What They Are Accustomed To See And Practice, That The Simplest And Most Obvious Improvements . . . Are Adopted With Hesitation, Reluctance, And Slow Gradations.

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.

Measures Which Serve To Abridge The Free Competition Of Foreign Articles, Have A Tendency To Occasion An Enhancement Of Prices.

Man Is A Reasoning Rather Than A Reasonable Animal.

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

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.

They Are Not Rules Prescribed By The Sovereign To The Subject, But Agreements Between Sovereign And Sovereign.

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.

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 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.

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

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 Will Be Of Little Avail To The People, That The Laws Are Made By Men Of Their Own Choice, If The Laws Be So Voluminous That They Cannot Be Read, Or So Incoherent That They Cannot Be Understood; If They Be Repealed Or Revised Before They Are Promulgated, Or Undergo Such Incessant Changes That No Man, Who Knows What The Law Is To-day, Can Guess What It Will Be Tomorrow.

There Is A Certain Enthusiasm In Liberty, That Makes Human Nature Rise Above Itself, In Acts Of Bravery And Heroism.

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.

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.

Good Constitutions Are Formed Upon A Comparison Of The Liberty Of The Individual With The Strength Of Government: If The Tone Of Either Be Too High, The Other Will Be Weakened Too Much. It Is The Happiest Possible Mode Of Conciliating These Objects, To Institute One Branch Peculiarly Endowed With Sensibility, Another With Knowledge And Firmness. Through The Opposition And Mutual Control Of These Bodies, The Government Will Reach, In Its Regular Operations, The Perfect Balance Between Liberty And Power.

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.

The President Is To Be Commander-in-chief Of The Army And Navy Of The United States. In This Respect His Authority Would Be Nominally The Same With That Of The King Of Great Britain, But In Substance Much Inferior To It. It Would Amount To Nothing More Than The Supreme Command And Direction Of The Land And Naval Forces, As First General And Admiral ... While That Of The British King Extends To The Declaring Of War And To The Raising And Regulating Of Fleets And Armies - All Which, By The Constitution Under Consideration, Would Appertain To The Legislature.

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

...that Standing Army Can Never Be Formidable (threatening) To The Liberties Of The People, While There Is A Large Body Of Citizens, Little If At All Inferior To Them In The Use Of Arms.

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.

The Deliberative Sense Of The Community Should Govern.

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!

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.

The Multitude . . . Have Not A Sufficient Stock Of Reason And Knowledge To Guide Them. . . . It Is Not Safe To Trust To The Virtue Of Any People.

A Garden, You Know, Is A Very Usual Refuge Of A Disappointed Politician. Accordingly, I Have Purchased A Few Acres About Nine Miles From Town, Have Built A House, And Am Cultivating A Garden.

The Regular Distribution Of Power Into Distinct Departments; The Introduction Of Legislative Balances And Checks; The Institution Of Courts Composed Of Judges Holding Their Offices During Good Behavior; The Representation Of The People In The Legislature By Deputies Of Their Own Election . . . They Are Means, And Powerful Means, By Which The Excellences Of Republican Government May Be Retained And Its Imperfections Lessened Or Avoided.

Distribution Of Power

The Prosecution [of Impeachments], Will Seldom Fail To Agitate The Passions Of The Whole Community, And To Divide It Into Parties More Or Less Friendly Or Inimical To The Accused. The Subjects Of Its Jurisdiction Are Those Offenses Which Proceed From The Misconduct Of Public Men, Or, In Other Words, From The Abuse Or Violation Of Some Public Trust, And They Relate Chiefly To Injuries Done Immediately To The Society Itself.

Men Are Rather Reasoning Than Reasonable Animals For The Most Part Governed By The Impulse Of Passion. This Is A Truth Well Understood By Our Adversaries Who Have Practised Upon It With No Small Benefit To Their Cause. For At The Very Moment They Are Eulogizing The Reason Of Men & Professing To Appeal Only To That Faculty, They Are Courting The Strongest & Most Active Passion Of The Human Heart - Vanity!

I Never Expect To See A Perfect Work From An Imperfect Man.

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

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.

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.

The Laws Of Certain States . . . Give An Ownership In The Service Of Negroes As Personal Property . . . . But Being Men, By The Laws Of God And Nature, They Were Capable Of Acquiring Liberty - And When The Captor In War . . . Thought Fit To Give Them Liberty, The Gift Was Not Only Valid, But Irrevocable.

Tyranny Has Perhaps Oftener Grown Out Of The Assumptions Of Power, Called For, On Pressing Exigencies, By A Defective Constitution, Than Out Of The Full Exercise Of The Largest Constitutional Authorities.

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.

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.

The Achaeans Soon Experienced, As Often Happens, That A Victorious And Powerful Ally Is But Another Name For A Master.

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 Legislatures Will Have Better Means Of Information. They Can Discover The Danger At A Distance; And Possessing All The Organs Of Civil Power, And The Confidence Of The People, They Can At Once Adopt A Regular Plan Of Opposition, In Which They Can Combine All The Resources Of The Community. They Can Readily Communicate With Each Other In The Different States, And Unite Their Common Forces For The Protection Of Their Common Liberty.

The Citizens Of America Have Too Much Discernment To Be Argued Into Anarchy. And I Am Much Mistaken, If Experience Has Not Wrought A Deep And Solemn Conviction In The Public Mind, That Greater Energy Of Government Is Essential To The Welfare And Prosperity Of The Community

A Struggle For Liberty Is In Itself Respectable And Glorious. . . . When Conducted With Magnanimity, Justice And Humanity, It Ought To Command The Admiration Of Every Friend To Human Nature. But If Sullied By Crimes And Extravagancies, It Loses Its Respectability.

It Is In Vain To Hope To Guard Against Events Too Mighty For Human Foresight Or Precaution, And It Would Be Idle To Object To A Government Because It Could Not Perform Impossibilities.

The Reasonableness Of The Agency Of The National Courts In Cases In Which The State Tribunals Cannot Be Supposed To Be Impartial, Speaks For Itself. No Man Ought Certainly To Be A Judge In His Own Cause, Or In Any Cause In Respect To Which He Has The Least Interest Or Bias.

The Spirit Of Enterprise, Which Characterizes The Commercial Part Of America, Has Left No Occasion Of Displaying Itself Unimproved. It Is Not At All Probable That This Unbridled Spirit Would Pay Much Respect To Those Regulations Of Trade By Which Particular States Might Endeavor To Secure Exclusive Benefits To Their Own Citizens.

That Americans Are Entitled To Freedom Is Incontestable On Every Rational Principle. All Men Have One Common Original: They Participate In One Common Nature, And Consequently Have One Common Right. No Reason Can Be Assigned Why One Man Should Exercise Any Power Or Preeminence Over His Fellow-creatures More Than Another; Unless They Have Voluntarily Vested Him With It.

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.

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

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

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.

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.

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.

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

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

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

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.

Passive Commerce . . . Should Thus . . . [compel Us] To Content Ourselves With The First Price Of Our Commodities, And To See The Profits Of Our Trade Snatched From Us, To Enrich Our Enemies And Persecutors. That Unequalled Spirit Of Enterprise . . . An Inexhaustible Mine Of National Wealth, Would Be Stifled And Lost; And Poverty And Disgrace Would Overspread A Country, Which, With Wisdom, Might Make Herself The Admiration And Envy Of The World.

I Will Venture To Assert That No Combination Of Designing Men Under Heaven Will Be Capable Of Making A Government Unpopular Which Is In Its Principles A Wise And Good One, And Vigorous In Its Operations.

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

The People Are Turbulent And Changing; They Seldom Judge Right Or Make Good Decision.

No Character, However Upright, Is A Match For Constantly Reiterated Attacks, However False.

Human Condition

Such A Wife As I Want... Must Be Young, Handsome I Lay Most Stress Upon A Good Shape, Sensible A Little Learning Will Do, Well-bread, Chaste, And Tender. As To Religion, A Moderate Stock Will Satisfy Me. She Must Believe In God And Hate A Saint.

Civil Liberty Is Only Natural Liberty, Modified And Secured By The Sanctions Of Civil Society. It Is Not A Thing, In Its Own Nature, Precarious And Dependent On Human Will And Caprice; But It Is Conformable To The Constitution Of Man, As Well As Necessary To The Well-being Of Society.

A Habit Of Labor In The People Is As Essential To The Health And Rigor Of Their Minds And Bodies As It Is Conducive To The Welfare Of The State.

When A Government Betrays The People By Amassing Too Much Power And Becoming Tyrannical, The People Have No Choice But To Exercise Their Original Right Of Self-defense — To Fight The Government.

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

As To Religion A Moderate Stock Will Satisfy Me. She Must Believe In God And Hate A Saint.

You Should Not Have Taken Advantage Of My Sensibility To Steal Into My Affections Without My Consent.

Constitutions Should Consist Only Of General Provisions; The Reason Is That They Must Necessarily Be Permanent, And That They Cannot Calculate For The Possible Change Of Things.

Constitution Of The United States

That This Gentleman [president John Adams] Ought Not To Be The Object Of The Federal Wish, Is, With Me, Reduced To Demonstration. His Administration Has Already Very Materially Disgraced And Sunk The Government. There Are Defects In His Character Which Must Inevitably Continue To Do This More And More. And If He Is Supported By The Federal Party, His Party Must In The Issue Fall With Him.

[in The Event Of War, Americans Would] 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.

[t]hough Individual Oppression May Now And Then Proceed Fro The Courts Of Justice, The General Liberty Of The People Can Never Be Endangered From That Quarter . . .

Common Interest May Always Be Reckoned Upon As The Surest Bond Of Sympathy.

Let Us Recollect That Peace Or War Will Not Always Be Left To Our Option; That However Moderate Or Unambitious We May Be, We Cannot Count Upon The Moderation, Or Hope To Extinguish The Ambition Of Others.

There Is A Contagion In Example Which Few Men Have Sufficient Force Of Mind To Resist.

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.

Wherever Indeed A Right Of Property Is Infringed For The General Good, If The Nature Of The Case Admits Of Compensation, It Ought To Be Made; But If Compensation Be Impracticable, That Impracticability Ought To Be An Obstacle To A Clearly Essential Reform.

Hitherto My Observations Have Only Aimed At A Vindication Of The Provision In Question, On The Ground Of Theoretic Propriety . . . . But There Remains To Be Mentioned A Positive Advantage . . . I Allude To The Circumstance Of Uniformity In The Time Of Elections For The House Of Representatives. It Is More Than Possible, That This Uniformity May Be Found By Experience To Be Of Great Importance To The Public Welfare; Both As A Security Against The Perpetuation Of The Same Spirit In The Body; And As A Cure For The Diseases Of Faction.

If It Be Asked What Is To Restrain The House Of Representatives From Making Legal Discriminations In Favor Of Themselves And A Particular Class Of The Society? I Answer, The Genius Of The Whole System, The Nature Of Just And Constitutional Laws, And Above All The Vigilant And Manly Spirit Which Actuates The People Of America, A Spirit Which Nourishes Freedom, And In Return Is Nourished By It. If This Spirit Shall Ever Be So Far Debased As To Tolerate A Law Not Obligatory On The Legislature As Well As On The People, The People Will Be Prepared To Tolerate Anything But Liberty.

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.

Great Ambition, Unchecked By Principle, Or The Love Of Glory, Is An Unruly Tyrant.

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.

The Interpretation Of The Laws Is The Proper And Peculiar Province Of The Courts. A Constitution Is, In Fact, And Must Be Regarded By The Judges, As Fundamental Law. It Therefore Belongs To Them To Ascertain Its Meaning, As Well As The Meaning Of Any Particular Act Proceeding From The Legislative Body. If There Should Happen To Be An Irreconcilable Variance Between The Two, That Which Has The Superior Obligation And Validity Ought, Of Course, To Be Preferred; Or, In Other Words, The Constitution Ought To Be Preferred To The Statute, The Intention Of The People To The Intention Of Their Agents.

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

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.

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.

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

When Men, Engaged In Unjustifiable Pursuits, Are Aware That Obstructions May Come From A Quarter Which Bare Apprehension Of Opposition From Doing What They Would With Eagerness Rush Into If No Such External Impediments Were To Be Feared.

The Love For Our Native Land Strengthens Our Individual And National Character.

Little More Can Reasonably Be Aimed At With Respect To The People At Large Than To Have Them Properly Armed.

Second Amendment

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.

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.

States, Like Individuals, Who Observe Their Engagements, Are Respected And Trusted: While The Reverse Is The Fate Of Those Who Pursue An Opposite Conduct.

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

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

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.

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.

To Answer The Purpose Of The Adversaries Of The Constitution, They Ought To Prove, Not Merely That Particular Provisions In It Are Not The Best, Which Might Have Been Imagined; But That The Plan Upon The Whole Is Bad And Pernicious.

Self-preservation Is The First Principle Of Our Nature.

Learn To Think Continentally.

To Model Our Political System Upon Speculations Of Lasting Tranquility, Is To Calculate On The Weaker Springs Of The Human Character.

There Is Nothing Absurd Or Impracticable In The Idea Of A League Or Alliance Between Independent Nations For Certain Defined Purposes Precisely Stated In A Treaty Regulating All The Details Of Time, Place, Circumstance, And Quantity; Leaving Nothing To Future Discretion; And Depending For Its Execution On The Good Faith Of The Parties.

The True Principle Of A Republic Is That The People Should Choose Whom They Please To Govern Them. Representation Is Imperfect, In Proportion As The Current Of Popular Favor Is Checked. The Great Source Of Free Government, Popular Election, Should Be Perfectly Pure, And The Most Unbounded Liberty Allowed.

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.

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.

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

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.

As The Duties Of Superintending The National Defense And Of Securing The Public Peace Against Foreign Or Domestic Violence Involve A Provision For Casualties And Dangers To Which No Possible Limits Can Be Assigned, The Power Of Making That Provision Ought To Know No Other Bounds Than The Exigencies Of The Nation And The Resources Of The Community.

Domestic Violence

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.

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

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

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.

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

There Are Still To Be Found Visionary Or Designing Men, Who Stand Ready To Advocate The Paradox Of Perpetual Peace Between The States, Though Dismembered And Alienated From Each Other.... The Genius Of Republics, Say They, Is Pacific; The Spirit Of Commerce Has A Tendency To Soften The Manners Of Men, And To Extinguish Those Inflammable Humours Which Have So Often Kindled Into Wars. Commercial Republics, Like Ours, Will Never Be Disposed To Waste Themselves In Ruinous Contentions With Each Other. They Will Be Governed By Mutual Interest, And Will Cultivate A Spirit Of Mutual Amity And Concord.

Mutual Interest

People Sometimes Attribute My Success To My Genius; All The Genius I Know Anything About Is Hard Work.

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.

The Superiority...enjoyed By Nations That Have...perfected A Branch Of Industry, Constitutes A...formidable Obstacle.

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.

The Inhabitants Of Territories, Often The Theatre Of War, Are Unavoidably Subject To Frequent Infringements On Their Rights, Which Serve To Weaken Their Sense Of Those Rights; And By Degrees, The People Are Brought To Consider The Soldiery Not Only As Their Protectors But As Their Superiors.

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

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.

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.

I Confess I Am At A Loss To Discover What Temptation The Persons Entrusted With The Administration Of The General Government Could Ever Feel To Divest The States Of The Authorities Of That Description. The Regulation Of The Mere Domestic Police Of A State Appears To Me To Hold Out Slender Allurements To Ambition.

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.

In Testimony Of Their Respect For The Patriot Of Incorruptible Integrity, The Soldier Of Approved Valour The Statesman Of Consummate Wisdom; Whose Talents And Virtues Will Be Admired By Grateful Posterity Long After This Marble Shall Have Mouldered Into Dust.

[t]here Is Not A Syllable In The Plan Under Consideration Which Directly Empowers The National Courts To Construe The Laws According To The Spirit Of The Constitution.

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.

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.

Credit Supposes Specific And Permanent Funds For The Punctual Payment Of Interest, With A Moral Certainty Of A Final Redemption Of The Principal.

I Go Further, And Affirm That Bills Of Rights, In The Sense And To The Extent In Which They Are Contended For, Are Not Only Unnecessary In The Proposed Constitution, But Would Even Be Dangerous. They Would Contain Various Exceptions To Powers Not Granted; And On This Very Account, Would Afford A Colorable Pretext To Claim More Than Were Granted. For Why Declare That Things Shall Not Be Done Which There Is No Power To Do?

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.

The Same State Of The Passions Which Fits The Multitude, Who Have Not A Sufficient Stock Of Reason And Knowledge To Guide Them, For Opposition To Tyranny And Oppression, Very Naturally Leads Them To A Contempt And Disregard Of All Authority.

In The General Course Of Human Nature, A Power Over A Man's Subsistence Amounts To A Power Over His Will.

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 Constitution Of Human Nature" Teaches Us Not To Expect "that The Persons, Entrusted With The Administration Of The Affairs Of The Particular Members Of A Confederacy, Will At All Times Be Ready, With Perfect Good Humor, And An Unbiased Regard To The Public Weal, To Execute The Resolutions Of Decrees Of The General Authority." "this Tendency Is Not Difficult To Be Accounted For," Publius Argues, "it Has Its Origin In The Love Of Power.

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.

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

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

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.

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 Practice Of Arbitrary Imprisonments Have Been, In All Ages, The Favorite And Most Formidable Instruments Of Tyranny.

Its Objects Are Contracts With Foreign Nations Which Have The Force Of Law, But Derive It From The Obligations Of Good Faith.

A Treaty Cannot Be Made Which Alters The Constitution Of The Country, Or Which Infringes And Express Exceptions To The Power Of The Constitution.

I Trust That The Proposed Constitution Afford A Genuine Specimen Of Representative Government And Republican Government; And That It Will Answer, In An Eminent Degree, All The Beneficial Purposes Of Society.

No Person That Has Enjoyed The Sweets Of Liberty Can Be Insensible Of Its Infinite Value, Or Can Reflect On Its Reverse Without Horror And Detestation

It Is Impossible To Read The History Of The Petty Republics Of Greece And Italy Without Feeling Sensations Of Horror And Disgust At The Distractions With Which They Were Continually Agitated, And At The Rapid Succession Of Revolutions By Which They Were Kept In A State Of Perpetual Vibration Between The Extremes Of Tyranny And Anarchy . . . Great Improvement . . . Were Either Not Known At All, Or Imperfectly Known To The Ancients.

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.

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.

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.

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.

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

Republican Government

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

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.

Americans Rouse - Be Unanimous, Be Virtuous, Be Firm, Exert Your Courage, Trust In Heaven, And Nobly Defy The Enemies Both Of God And Man!

Has It Not. . . Invariably Been Found That Momentary Passions, And Immediate Interests, Have A More Active And Imperious Control Over Human Conduct Than General Or Remote Considerations Of Policy, Utility And Justice?

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.

There Is One Transcendant Advantage Belonging To The Province Of The State Governments . . . -i Mean The Ordinary Administration Of Criminal And Civil Justice.

Of Those Men Who Have Overturned The Liberties Of Republics, The Greatest Number Have Begun Their Career By Paying An Obsequious Court To The People, Commencing Demagogues And Ending Tyrants.

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.

[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.

There Are Respectable Individuals, Who From A Just Aversion To An Accumulation Of Public Debt, Are Unwilling To Concede To It Any Kind Of Utility, Who Can Discern No Good To Alleviate The Ill With Which They Suppose It Pregnant; Who Cannot Be Persuaded That It Ought In Any Sense To Be Viewed As An Increase Of Capital Lest It Should Be Inferred, That The More Debt The More Capital, The Greater The Burthens The Greater The Blessings Of The Community.

It Is Evident From The State Of The Country, From The Habits Of The People, From The Experience We Have Had On The Point Itself, That It Is Impracticable To Raise Any Very Considerable Sums By Direct Taxation.

There Are Men Who Could Neither Be Distressed Nor Won Into A Sacrifice Of Their Duty; But This Stern Virtue Is The Growth Of Few Soils: And In The Main It Will Be Found, That A Power Over A Man's Support Is A Power Over His Will.

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 . . .

If We Incline Too Much To Democracy, We Shall Soon Shoot Into A Monarchy.

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

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

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

In The Usual Progress Of Things, The Necessities Of A Nation In Every Stage Of Its Existence Will Be Found At Least Equal To Its Resources.

Is It Not Time To Awake From The Deceitful Dream Of A Golden Age, And To Adopt As A Practical Maxim For The Direction Of Our Political Conduct, That We, As Well As The Other Inhabitants Of The Globe, Are Yet Remote From The Happy Empire Of Perfect Wisdom And Perfect Virtue?

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.

It Is Presumable That No Country Will Be Able To Borrow Of Foreigners Upon Better Terms Than The United States, Because None Can, Perhaps, Afford So Good Security.

Energy In The Executive Is A Leading Character In The Definition Of Good Government. It Is Essential To The Protection Of The Community Against Foreign Attacks; It Is Not Less Essential To The Steady Administration Of The Laws; To The Protection Of Property Against Those Irregular And High-handed Combinations Which Sometimes Interrupt The Ordinary Course Of Justice; To The Security Of Liberty Against The Enterprises And Assaults Of Ambition, Of Faction, And Of Anarchy.

Some Reasonable Term Ought To Be Allowed To Enable Aliens To Get Rid Of Foreign And Acquire American Attachments; To Learn The Principles And Imbibe The Spirit Of Our Government; And To Admit Of A Probability At Least, Of Their Feeling A Real Interest In Our Affairs.

... 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.

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?

[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.

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.

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

American Revolution

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.

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

The Vigour Of Government Is Essential To The Security Of Liberty. . . . A Dangerous Ambition More Often Lurks Behind The Specious Mask Of Zeal For The Rights Of The People, Than Under The Forbidding Appearance Of Zeal For The Firmness And Efficiency Of Government.

A Feeble Executive Implies A Feeble Execution Of The Government. A Feeble Execution Is But Another Phrase For A Bad Execution; And A Government Ill Executed, Whatever May Be Its Theory, Must Be, In Practice, A Bad Government.

[w]ar Is A Question, Under Our Constitution, Not Of Executive, But Of Legislative Cognizance. It Belongs To Congress To Say Whether The Nation Shall Of Choice Dismiss The Olive Branch And Unfurl The Banners Of War.

The Idea Of Restraining The Legislative Authority, In The Means Of Providing For The National Defense, Is One Of Those Refinements Which Owe Their Origin To A Zeal For Liberty More Ardent Than Enlightened.

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

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

The System Is The Best That The Present Views And Circumstances Of The Country Will Permit.

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.

The Christian Constitutional Society, Its Object Is First: The Support Of The Christian Religion. Second: The Support Of The United States.

The [president] Has No Particle Of Spiritual Jurisdiction. . . .

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.

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

Those Who Have A Tolerable Knowledge Of Human Nature Will Not Stand In Need Of Such Lights.

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.

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

Law Is Defined To Be A Rule Of Action; But How Can That Be A Rule, Which Is Little Known And Less Fixed?

Trending Author

James A. Baldwin

Category