Background Image

...

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.

-Alexander Hamilton

...

Please Wait....
Translating....

It Is A Singular

Alexander Hamilton

...

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.

Views: 6

Topic

More From Alexander Hamilton

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.

We Must Make The Best Of Those Ills Which Cannot Be Avoided.

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.

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.

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

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.

Even To Observe Neutrality You Must Have A Strong Government.

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.

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

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.

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.

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.

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.

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

[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.

Responsibility, In Order To Be Reasonable, Must Be Limited To Objects Within The Power Of The Responsible Party, And In Order To Be Effectual, Must Relate To Operations Of That Power, Of Which A Ready And Proper Judgment Can Be Formed By The Constituents.

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.

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

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.

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

[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.

It Is A Well-known Fact That In Countries In Which The National Debt Is Properly Funded, And An Object Of Established Confidence, It Answers Most Of The Purposes Of Money. Transfers Of Stock, Or Public Debt, Are There Equivalent To Payments In Specie; Or, In Other Words, Stock, In The Principal Transactions Of Business, Passes Current As Specie. The Same Thing Would, In All Probability, Happen Here, Under The Like Circumstances.

The Civil Jury Is A Valuable Safeguard To Liberty.

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.

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.

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.

If Government Is In The Hands Of The Few, They Will Tyrannize The Many; If In The Hands Of The Many, They Will Tyrannize Over The Few. It Ought To Be In The Hands Of Both, And Be Separated...they Will Need A Mutual Check. This Check Is A Monarch.

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

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.

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

. . . [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.

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.

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.

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.

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.

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

[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.

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.

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.

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?

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.

In This Distribution Of Powers The Wisdom Of Our Constitution Is Manifested. It Is The Province And Duty Of The Executive To Preserve To The Nation The Blessings Of Peace. The Legislature Alone Can Interrupt Those Blessings, By Placing The Nation In A State Of War.

Distribution Of Power

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.

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.

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

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.

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.

[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.

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.

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

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

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.

The Law... Dictated By God Himself Is, Of Course, Superior In Obligation To Any Other. It Is Binding Over All The Globe, In All Countries, And At All Times. No Human Laws Are Of Any Validity If Contrary To This.

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

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.

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

[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.

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.

There Is Something So Far-fetched And So Extravagant In The Idea Of Danger To Liberty From The Militia That One Is At A Loss Whether To Treat It With Gravity Or With Raillery; Whether To Consider It As A Mere Trial Of Skill, Like The Paradoxes Of Rhetoricians; As A Disingenuous Artifice To Instil Prejudices At Any Price; Or As The Serious.

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

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.

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.

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.

If We Are In Earnest About Giving The Union Energy And Duration We Must Abandon The Vain Project Of Legislating Upon The States In Their Collective Capacities.

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

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.

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

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

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.

As Riches Increase And Accumulate In Few Hands, As Luxury Prevails In Society, Virtue Will Be In A Greater Degree Considered As Only A Graceful Appendage Of Wealth, And The Tendency Of Things Will Be To Depart From The Republican Standard. This Is The Real Disposition Of Human Nature; It Is What Neither The Honorable Member Nor Myself Can Correct. It Is A Common Misfortunate That Awaits Our State Constitution, As Well As All Others.

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

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.

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.

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

But The Greatest Obstacle Of All To The Successful Prosecution Of A New Branch Of Industry In A Country, In Which It Was Before Unknown, Consists . . . In The Bounties, Premiums, And Other Aids Which Are Granted, In A Variety Of Cases, By The Nations, In Which The Establishments To Be Imitated Are Previously Introduced.

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

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

Republican Government

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

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.

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

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

Effective Resistance To Usurpers Is Possible Only Provided The Citizens Understand Their Rights And Are Disposed To Defend Them.

The Truth Is That The General Genius Of A Government Is All That Can Be Substantially Relied Upon For Permanent Effects. Particular Provisions, Though Not Altogether Useless, Have Far Less Virtue And Efficacy Than Are Commonly Ascribed To Them; And The Want Of Them Will Never Be With Men Of Sound Discernment A Decisive Objection To Any Plan Which Exhibits The Leading Characters Of A Good Government.

It Has Been Observed, [that For The Federal Government] To Coerce The States Is One Of The Maddest Projects That Was Ever Devised.

[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.

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

As To Taxes, They Are Evidently Inseparable From Government. It Is Impossible Without Them To Pay The Debts Of The Nation, To Protect It From Foreign Danger, Or To Secure Individuals From Lawless Violence And Rapine.

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

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.

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?

A Share In The Sovereignty Of The State, Which Is Exercised By The Citizens At Large, In Voting At Elections Is One Of The Most Important Rights Of The Subject, And In A Republic Ought To Stand Foremost In The Estimation Of The Law...that Portion Of The Sovereignty, To Which Each Individual Is Entitled, Can Never Be Too Highly Prized. It Is That For Which We Have Fought And Bled.

The Administration Of Private Justice Between The Citizens Of The Same State, The Supervision Of Agriculture And Of Other Concerns Of A Similar Nature, All Those Things In Short Which Are Proper To Be Provided For By Local Legislation, Can Never Be Desirable Cares Of A General Jurisdiction . . . The Attempt To Exercise These Powers Would Be As Troublesome As It Would Be Nugatory; And The Possession Of Them, For That Reason, Would Contribute Nothing To The Dignity, To The Importance, Or To The Splendour Of The National Government.

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.

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

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.

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.

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.

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

Happy Will It Be For Ourselves, And Most Honorable For Human Nature, If We Have Wisdom And Virtue Enough To Set So Glorious An Example To Mankind!

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.

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

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

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.

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

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.

Men Are Rather Reasoning Than Reasonable Animals For The Most Part Governed By The Impulse Of Passion.

The President Of The United States Would Be Liable To Be Impeached, Tried, And Upon Conviction Of Treason, Bribery, Or Other High Crimes And Misdemeanors, Removed From Office; And Would Afterwards Be Liable To Prosecution And Punishment In The Ordinary Course Of Law. The Person Of The King Of Great Britain Is Sacred And Inviolable: There Is No Constitutional Tribunal To Which He Is Amenable, No Punishment To Which He Can Be Subjected Without Involving The Crisis Of A National Revolution.

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 Local Interest Of A State Ought In Every Case To Give Way To The Interests Of The Union. For When A Sacrifice Of One Or The Other Is Necessary, The Former Becomes Only An Apparent, Partial Interest, And Should Yield, On The Principle That The Smaller Good Ought Never To Oppose The Greater Good.

Here Sir, The People Govern.

Representatives

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

There Is No Part Of The Administration Of Government That Requires Extensive Information And A Thorough Knowledge Of The Principles Of Political Economy, So Much As The Business Of Taxation. The Man Who Understands Those Principles Best Will Be Least Likely To Resort To Oppressive Expedients, Or Sacrifice Any Particular Class Of Citizens To The Procurement Of Revenue. It Might Be Demonstrated That The Most Productive System Of Finance Will Always Be The Least Burdensome.

Thorough Knowledge

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.

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.

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.

It Will Be Well To Advert To The Proportion Between The Objects That Will Require A Federal Provision In Respect To Revenue; And Those Which Will Require A State Provision. We Shall Discover That The Former Are Altogether Unlimited; And That The Latter Are Circumscribed Within Very Moderate Bounds.

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.

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.

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.

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.

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!

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.

A Sacred Respect For The Constitutional Law Is The Vital Principle, The Sustaining Energy Of A Free Government.

The Experience Of Treaties Being Broken With Impunity Provide An Afflicting Lesson To Mankind How Little Dependence Is To Be Placed On Treaties Which Have No Other Sanction Than The Obligations Of Good Faith; And Which Oppose General Considerations Of Peace And Justice To The Impulse Of Any Immediate Interest And Passion.

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.

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

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.

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.

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

[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.

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.

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.

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.

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.

Manufacturing Establishments Not Only Occasion A Positive Augmentation Of The Produce And Revenue Of The Society . . . They Contribute Essentially To Rendering Them Greater Than They Could Possibly Be, Without Such Establishments. These Circumstances Are . . . Greater Scope For The Diversity Of Talents And Dispositions Which Discriminate Men From Each Other.

If Mankind Were To Resolve To Agree In No Institution Of Government, Until Every Part Of It Had Been Adjusted To The Most Exact Standard Of Perfection, Society Would Soon Become A General Scene Of Anarchy, And The World A Desert.

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.

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

The Only Distinction Between Freedom And Slavery Consists In This: In The Former State A Man Is Governed By The Laws To Which He Has Given His Consent, Either In Person Or By His Representative; In The Latter, He Is Governed By The Will Of Another. In The One Case, His Life And Property Are His Own; In The Other, They Depend Upon The Pleasure Of His Master. It Is Easy To Discern Which Of These Two States Is Preferable.

Civil Liberty Is Only Natural Liberty, Modified And Secured By The Sanctions Of Civil Society.

When You Assemble From Your Several Counties In The Legislature, Were Every Member To Be Guided Only By The Apparent Interest Of His County, Government Would Be Impracticable. There Must Be A Perpetual Accomodation And Sacrifice Of Local Advantage To General Expediency.

We Are Attempting, By This Constitution, To Abolish Factions, And To Unite All Parties For The General Welfare.

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.

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

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.

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

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

Human Condition

The Obscurity Is Much Oftener In The Passions And Prejudices Of The Reasoner Than In The Subject.

Schemes To Subvert The Liberties Of A Great Community Require Time To Mature Them For Execution.

A Nation Which Can Prefer Disgrace To Danger Is Prepared For A Master, And Deserves One.

American Revolution

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

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.

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.

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.

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.

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

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

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

The Inquiry Constantly Is What Will Please, Not What Will Benefit The People. In Such A Government There Can Be Nothing But Temporary Expedient, Fickleness, And Folly.

There Can Be No Limitation Of That Authority Which Is To Provide For The Defense And Protection Of The Community In Any Matter Essential To The Formation, Direction, Or Support Of The National Forces.

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.

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.

When The Sword Is Once Drawn, The Passions Of Men Observe No Bounds Of Moderation.

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

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.

[h]owever Weak Our Country May Be, I Hope We Shall Never Sacrifice Our Liberties.

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

Second Amendment

Self-preservation Is The First Principle Of Our Nature.

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

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.

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 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.

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.

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.

The Deliberative Sense Of The Community Should Govern.

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

Representatives

Our Countrymen Have All The Folly Of The Ass And All The Passiveness Of The Sheep.

The Sacred Rights Of Mankind Are Not To Be Rummaged For Among Old Parchments Or Musty Records. They Are Written, As With A Sunbeam, In The Whole Volume Of Human Nature, By The Hand Of The Divinity Itself; And Can Never Be Erased.

Men Often Oppose A Thing Merely Because They Have Had No Agency In Planning It, Or Because It May Have Been Planned By Those Whom They Dislike.

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

Give Me The Steady, Uniform, Unshaken Security Of Constitutional Freedom. Give Me The Right To Be Tried By A Jury Of My Own Neighbors, And To Be Taxed By My Own Representatives Only. What Will Become Of The Law And Courts Of Justice Without This? The Shadow May Remain, But The Substance Will Be Gone. I Would Die To Preserve The Law Upon A Solid Foundation; But Take Away Liberty, And The Foundation Is Destroyed.

By A Steady Adherence To The Union We May Hope, Erelong, To Become The Arbiter Of Europe In America, And To Be Able To Incline The Balance Of European Competitions In This Part Of The World As Our Interest May Dictate.

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.

Money Is, With Propriety, Considered As The Vital Principle Of The Body Politic; As That Which Sustains Its Life And Motion, And Enables It To Perform Its Most Essential Functions.

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.

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.

The Fabric Of American Empire Ought To Rest On The Solid Basis Of The Consent Of The People. The Streams Of National Power Ought To Flow From That Pure, Original Fountain Of All Legitimate Authority.

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 . . .

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.

Can Any Reasonable Man Be Well Disposed Toward A Government Which Makes War And Carnage The Only Means Of Supporting Itself?

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

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

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

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.

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

The Standard Of Good Behavior For The Continuance In Office Of The Judicial Magistracy Is Certainly One Of The Most Valuable Of The Modern Improvements In The Practice Of Government.

The Praise Of A Civilized World Is Justly Due To Christianity;—war, By The Influence Of The Humane Principles Of That Religion, Has Been Stripped Of Half Its Horrors. The French Renounce Christianity, And They Relapse Into Barbarism;—war Resumes The Same Hideous And Savage Form Which It Wore In The Ages Of Gothic And Roman Violence.

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; Will Be Less Attached To What He Holds By A Momentary Or Uncertain Title, Than To What He Enjoys By A Durable Or Certain Title; And, Of Course, Will Be Willing To Risk More For The Sake Of The One, Than For The Sake Of The Other.

Trending Author

Kevin J. Anderson

Category