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It Is Vain To Say That Enlightened Statesmen Will Always Be Able To Adjust Their Interests. Enlightened Men Will Not Always Be At The Helm.

-James Madison

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It Is Vain To

James Madison

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It Is Vain To Say That Enlightened Statesmen Will Always Be Able To Adjust Their Interests. Enlightened Men Will Not Always Be At The Helm.

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The Safety And Happiness Of Society Are The Objects At Which All Political Institutions Aim, And To Which All Such Institutions Must Be Sacrificed.

In Time Of Actual War, Great Discretionary Powers Are Constantly Given To The Executive Magistrate. Constant Apprehension Of War, Has The Same Tendency To Render The Head Too Large For The Body. A Standing Military Force, With An Overgrown Executive Will Not Long Be Safe Companions To Liberty.

Whenever A Youth Is Ascertained To Possess Talents Meriting An Education Which His Parents Cannot Afford, He Should Be Carried Forward At The Public Expense.

The Settled Opinion Here Is That Religion Is Essentially Distinct From Civil Govt. And Exempt From Its Cognizance; That A Connection Between Them Is Injurious To Both.

American Citizens Are Instrumental In Carrying On A Traffic In Enslaved Africans, Equally In Violation Of The Laws Of Humanity And In Defiance Of Those Of Their Own Country. The Same Just And Benevolent Motives Which Produced Interdiction In Force Against This Criminal Conduct Will Doubtless Be Felt By Congress In Devising Further Means Of Suppressing The Evil.

Resolved, That The General Assembly Of Virginia, Doth Unequivocally Express A Firm Resolution To Maintain And Defend The Constitution Of The United States, And The Constitution Of This State, Against Every Aggression Either Foreign Or Domestic, And That They Will Support The Government Of The United States In All Measures Warranted By The Former.

It Is To The Press Mankind Are Indebted For Having Dispelled The Clouds Which So Long Encompassed Religion, For Disclosing Her Genuine Lustre, And Disseminating Her Salutary Doctrines.

Bills Of Attainder, Ex-post Facto Laws And Laws Impairing The Obligation Of Contracts Are Contrary To The First Principles Of The Social Compact, And To Every Principle Of Sound Legislation.

There Is No Maxim, In My Opinion, Which Is More Liable To Be Misapplied, And Which, Therefore, More Needs Elucidation, Than The Current One, That The Interest Of The Majority Is The Political Standard Of Right And Wrong.

The Constitution Of The United States Was Created By The People Of The United States Composing The Respective States, Who Alone Had The Right.

Another Advantage Accruing From This Ingredient In The Constitution Of A Senate, Is The Additional Impediment It Must Prove Against Improper Acts Of Legislation. No Law Or Resolution Can Now Be Passed Without The Concurrence First Of A Majority Of The People, And Then Of A Majority Of The States.

The Primary Function Of Government Is To Protect The Minority Of The Opulent From The Majority Of The Poor.

The American People Are Too Well Schooled In The Duty And Practice Of Submitting To The Will Of The Majority To Permit Any Serious Uneasiness On That Account

[property] Embraces Everything To Which A Man May Attach A Value And Have A Right.

It Would Have Marked A Want Of Foresight In The Convention, Which Our Own Experience Would Have Rendered Inexcusable.

Constitutional Convention

For What Purpose Could The Enumeration Of Particular Powers Be Inserted, If These And All Others Were Meant To Be Included In The Preceding General Power?

Were Meant To Be

In A Free Government, The Security For Civil Rights Must Be The Same As That For Religious Rights. It Consists In The One Case In The Multiplicity Of Interests, And In The Other In The Multiplicity Of Sects. The Degree Of Security In Both Cases, Will Depend On The Number Of Interests And Sects; And This May Be Presumed To Depend On The Extent Of Country And Number Of People Comprehended Under The Same Government.

I Have Ever Regarded The Freedom Of Religious Opinions And Worship As Equally Belonging To Every Sect.

The Preservation Of A Free Government Requires Not Merely That The Metes And Bounds Which Separate Each Department Of Power Be Invariably Maintained; But More Especially That Neither Of Them Be Suffered To Overleap The Great Barrier Which Defends The Rights Of The People. The Rulers Who Are Guilty Of Such An Encroachment, Exceed The Commission From Which They Derive Their Authority And Are Tyrants. The People Who Submit To It Are Governed By Laws Made Neither By Themselves Nor By An Authority Derived From Them, And Are Slaves.

It May Be Considered As An Objection Inherent In The Principle, That As Every Appeal To The People Would Carry An Implication Of Some Defect In The Government, Frequent Appeals Would In Great Measure Deprive The Government Of That Veneration Which Time Bestows On Every Thing, And Without Which Perhaps The Wisest And Freest Governments Would Not Possess The Requisite Stability . . . A Constitutional Road To The Decision Of The People Ought To Be Marked Out And Kept Open, For Certain Great And Extraordinary Occasions

As The War Was Just In Its Origin And Necessary And Noble In Its Objects, We Can Reflect With A Proud Satisfaction That In Carrying It On No Principle Of Justice Or Honor, No Usage Of Civilized Nations, No Precept Of Courtesy Or Humanity, Have Been Infringed.

The First Question That Offers Itself Is, Whether The General Form And Aspect Of The Government Be Strictly Republican? It Is Evident That No Other Form Would Be Reconcileable With The Genius Of The People Of America; With The Fundamental Principles Of The Revolution; Or With That Honourable Determination Which Animates Every Votary Of Freedom, To Rest All Our Political Experiments On The Capacity Of Mankind For Self-government.

It Is Too Early For Politicians To Presume On Our Forgetting That The Public Good, The Real Welfare Of The Great Body Of The People, Is The Supreme Object To Be Pursued; And That No Form Of Government Whatever Has Any Other Value Than As It May Be Fitted For The Attainment Of This Object.

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 Any Thing But Liberty.

The Definition Of The Right Of Suffrage Is Very Justly Regarded As A Fundamental Article Of Republican Government.

It Is The Mutual Duty Of All To Practice Christian Forbearance, Love, And Charity Toward Each Other.

All Power In Human Hands Is Liable To Be Abused.

The Purpose Of The Constitution Is To Restrict The Majority's Ability To Harm A Minority.

America Was Indebted To Immigration For Her Settlement And Prosperity. That Part Of America Which Had Encouraged Them Most Had Advanced Most Rapidly In Population, Agriculture And The Arts.

Frequent Elections Are Unquestionably The Only Policy By Which This Dependence And Sympathy Can Be Effectually Secured. But What Particular Degree Of Frequency May Be Absolutely Necessary For The Purpose, Does Not Appear To Be Susceptible Of Any Precise Calculation; And Must Depend On A Variety Of Circumstances With Which It May Be Connected. Let Us Consult Experience, The Guide That Ought Always To Be Followed, Whenever It Can Be Found.

But Cool And Candid People Will At Once Reflect, That The Purest Of Human Blessings Must Have A Portion Of Alloy In Them, That The Choice Must Always Be Made, If Not Of The Lesser Evil, At Least Of The Greater, Not The Perfect Good; And That In Every Political Institution, A Power To Advance The Public Happiness, Involves A Discretion Which May Be Misapplied And Abused.

Another Of My Wishes Is To Depend As Little As Possible On The Labour Of Slaves.

Money Cannot Be Applied To The *general Welfare*, Otherwise Than By An Application Of It To Some *particular* Measure Conducive To The General Welfare. Whenever, Therefore, Money Has Been Raised By The General Authority, And Is To Be Applied To A Particular Measure, A Question Arises Whether The Particular Measure Be Within The Enumerated Authorities Vested In Congress. If It Be, The Money Requisite For It May Be Applied To It; If It Be Not, No Such Application Can Be Made.

Union Of Religious Sentiments Begets A Surprising Confidence, And Ecclesiastical Establishments Tend To Great Ignorance And Corruption; All Of Which Facilitate The Execution Of Mischievous Projects.

The Better Proof Of Reverence For That Holy Name Would Be Not To Profane It By Making It A Topic Of Legislative Discussion.

[r]efusing Or Not Refusing To Execute A Law To Stamp It With Its Final Character . . . Makes The Judiciary Department Paramount In Fact To The Legislature, Which Was Never Intended And Can Never Be Proper.

Each Generation Should Be Made To Bear The Burden Of Its Own Wars, Instead Of Carrying Them On, At The Expense Of Other Generations.

It Is Not Certain That With This Aid Alone [possession Of Arms], They Would Not Be Able To Shake Off Their Yokes. But Were The People To Posses The Additional Advantages Of Local Governments Chosen By Themselves, Who Could Collect The National Will, And Direct The National Force; And Of Officers Appointed Out Of The Militia, By These Governments And Attached Both To Them And To The Militia, It May Be Affirmed With The Greatest Assurance, That The Throne Of Every Tyranny In Europe Would Be Speedily Overturned, In Spite Of The Legions Which Surround It.

Place Three Individuals In A Situation Wherein The Interest Of Each Depends On The Voice Of The Others, And Give To Two Of Them An Interest Opposed To The Rights Of The Third. Will The Latter Be Secure? The Prudence Of Every Man Would Shun The Danger. The Rules & Forms Of Justice Suppose & Guard Against It. Will Two Thousand In A Like Situation Be Less Likely To Encroach On The Rights Of One Thousand?

History Records That The Money Changers Have Used Every Form Of Abuse, Intrigue, Deceit, And Violent Means Possible To Maintain Their Control Over Governments By Controlling Money And It's Issuance.

I Own Myself The Friend To A Very Free System Of Commerce, And Hold It As A Truth, That Commercial Shackles Are Generally Unjust, Oppressive And Impolitic.

The Number, The Industry, And The Morality Of The Priesthood, And The Devotion Of The People Have Been Manifestly Increased By The Total Separation Of The Church From The State.

A Pure Democracy Is A Society Consisting Of A Small Number Of Citizens, Who Assemble And Administer The Government In Person.

There Is Not A More Important And Fundamental Principle In Legislation, Than That The Ways And Means Ought Always To Face The Public Engagements; That Our Appropriations Should Ever Go Hand In Hand With Our Promises.

As The People Are The Only Legitimate Fountain Of Power, And It Is From Them That The Constitutional Charter, Under Which The Several Branches Of Government Hold Their Power, Is Derived, It Seems Strictly Consonant To The Republican Theory, To Recur To The Same Original Authority, Not Only Whenever It May Be Necessary To Enlarge, Diminish, Or New-model The Powers Of The Government, But Also Whenever Any One Of The Departments May Commit Encroachments On The Chartered Authorities Of The Others.

Armies, And Debts, And Taxes Are The Known Instruments For Bringing The Many Under The Domination Of The Few.

In Europe, Charters Of Liberty Have Been Granted By Power. America Has Set The Example . . . Of Charters Of Power Granted By Liberty. This Revolution In The Practice Of The World, May, With An Honest Praise, Be Pronounced The Most Triumphant Epoch Of Its History, And The Most Consoling Presage Of Its Happiness.

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 Upon A Number, Than When It Is To Fall Singly Upon One. A Spirit Of Faction . . . Will Often Hurry The Persons Of Whom They Were Composed Into Improprieties And Excesses For Which They Would Blush In A Private Capacity.

Having Outlived So Many Of My Contemporaries, I Ought Not To Forget That I May Be Thought To Have Outlived Myself.

Respect For Character Is Always Diminished In Proportion To The Number Among Whom The Blame Or Praise Is To Be Divided.

The Convention Thought It Wrong To Admit In The Constitution The Idea That There Could Be Property In Men.

Congress Shall Make No Law Respecting An Establishment Of Religion, Or Prohibiting The Free Exercise Thereof.

Secular Society

Charity Is No Part Of The Legislative Duty Of The Government.

Constitution Of The United States

This Policy Of Supplying By Opposite And Rival Interests, The Defect Of Better Motives, Might Be Traced Through The Whole System Of Human Affairs, Both Private And Public.

No Government, Any More Than An Individual, Will Long Be Respected Without Being Truly Respectable; Nor Be Truly Respectable, Without Possessing A Certain Portion Of Order And Stability.

The Great Objects Which Presented Themselves [to The Constitutional Convention] ... Formed A Task More Difficult Than Can Be Well Conceived By Those Who Were Not Concerned In The Execution Of It. Adding To These Considerations The Natural Diversity Of Human Opinions On All New And Complicated Subjects, It Is Impossible To Consider The Degree Of Concord Which Ultimately Prevailed As Less Than A Miracle.

The Essence Of Government Is Power; And Power, Lodged As It Must Be In Human Hands, Will Ever Be Liable To Abuse.

Those Who Hold And Those Who Are Without Property Have Ever Formed Distinct Interests In Society.

Let Me Recommend The Best Medicine In The World: A Long Journey, At A Mild Season, Through A Pleasant Country, In Easy Stages.

The Interest Of The Man Must Be Connected With The Constitutional Rights Of The Place. It May Be A Reflection On Human Nature, That Such Devices Should Be Necessary To Control The Abuses Of Government. But What Is Government Itself, But The Greatest Of All Reflections On Human Nature?

Testimony Of All Ages Forces Us To Admit That War Is Among The Most Dangerous Enemies To Liberty, And That The Executive Is The Branch Most Favored By It Of All The Branches Of Power.

May It Not Be Asked Of Every Intelligent Friend To The Liberties Of His Country, Whether The Power Exercised In Such An Act As This Ought Not To Produce Great And Universal Alarm? Whether A Rigid Execution Of Such An Act, In Time Past, Would Not Have Repressed That Information And Communication Among The People Which Is Indispensable To The Just Exercise Of Their Electoral Rights? And Whether Such An Act, If Made Perpetual, And Enforced With Rigor, Would Not, In Time To Come, Either Destroy Our Free System Of Government, Or Prepare A Convulsion That Might Prove Equally Fatal To It?

I Cannot Undertake To Lay My Finger On That Article Of The Constitution Which Granted A Right To Congress Of Expending, On Objects Of Benevolence, The Money Of Their Constituents.

As A Man Is Said To Have A Right To His Property, He May Be Equally Said To Have A Property In His Rights.

The Best Reason To Be Assigned, In This Case, For Not Having Made The Constitution More Free From A Charge Of Uncertainty In Its Meaning, Is Believed To Be, That It Was Not Suspected That Any Such Charge Would Ever Take Place; And It Appears That No Such Charge Did Take Place, During The Early Period Of The Constitution, When The Meaning Of Its Authors Could Be Best Ascertained, Nor Until Many Of The Contemporary Lights Had In The Lapse Of Time Been Extinguished. How Often Does It Happen, That A Notoriety Of Intention Diminishes The Caution Against Its Being Misunderstood Or Doubted!

The Fetters Imposed On Liberty At Home Have Ever Been Forged Out Of The Weapons Provided For Defense Against Real, Pretended, Or Imaginary Dangers From Abroad.

The President Is Responsible To The Public For The Conduct Of The Person He Has Nominated And Appointed.

The Protection Of These Faculties Is The First Object Of Government.

It Is The Duty Of Every Man To Render To The Creator Such Homage...before Any Man Can Be Considered As A Member Of Civil Society, He Must Be Considered As A Subject Of The Governor Of The Universe.

As Compacts, Charters Of Government Are Superior In Obligation To All Others, Because They Give Effect To All Others. As Truths, None Can Be More Sacred, Because They Are Bound, On The Conscience By The Religious Sanctions Of An Oath. As Metes And Bounds Of Government, They Transcend All Other Land-marks, Because Every Public Usurpation Is An Encroachment On The Private Right, Not Of One, But Of All.

In Suits At Common Law, Trial By Jury In Civil Cases Is As Essential To Secure The Liberty Of The People As Any One Of The Pre-existent Rights Of Nature.

The Growing Wealth Aquired By Them Corporations Never Fails To Be A Source Of Abuses.

The Constitution Supposes, What The History Of All Governments Demonstrates, That The Executive Is The Branch Of Power Most Interested In War, And Most Prone To It.

If They Are Incorporated Into The Constitution, Independent Tribunals Of Justice Will Consider Themselves In A Peculiar Manner The Guardians Of Those Rights; They Will Be An Impenetrable Bulwark Against Every Assumption Of Power In The Legislative Or Executive; They Will Be Naturally Led To Resist Every Encroachment Upon Rights Expressly Stipulated For In The Constitution By The Declaration Of Rights.

You Give Me A Credit To Which I Have No Claim In Calling Me "the Writer Of The Constitution Of The United States." This Was Not, Like The Fabled Goddess Of Wisdom, The Offspring Of A Single Brain. It Ought To Be Regarded As The Work Of Many Heads And Many Hands.

It Is Proper To Take Alarm At The First Experiment On Our Liberties. We Hold This Prudent Jealousy To Be The First Duty Of Citizens And One Of The Noblest Characteristics Of The Late Revolution. The Freemen Of America Did Not Wait Till Usurped Power Had Strengthened Itself By Exercise And Entangled The Question In Precedents. They Saw All The Consequences In The Principle, And They Avoided The Consequences By Denying The Principle. We Revere This Lesson Too Much ... To Forget It

The Liberal Appropriations Made By The Legislature Of Kentucky For A General System Of Education Cannot Be Too Much Applauded . . . . Learned Institutions Ought To Be The Favorite Objects With Every Free People. They Throw That Light Over The Public Mind Which Is The Best Security Against Crafty And Dangerous Encroachments On The Public Liberty . . . . What Spectacle Can Be More Edifying Or More Seasonable Than That Of Liberty And Learning, Each Leaning On The Other For Their Mutual And Surest Support?

[y]ou Will Understand The Game Behind The Curtain Too Well Not To Perceive The Old Trick Of Turning Every Contingency Into A Resource For Accumulating Force In The Government.

Every New Regulation Concerning Commerce Or Revenue; Or In Any Manner Affecting The Value Of The Different Species Of Property, Presents A New Harvest To Those Who Watch The Change And Can Trace Its Consequences; A Harvest Reared Not By Themselves But By The Toils And Cares Of The Great Body Of Their Fellow Citizens. This Is A State Of Things In Which It May Be Said With Some Truth That Laws Are Made For The Few Not For The Many.

No Free Country Has Ever Been Without Parties, Which Are A Natural Offspring Of Freedom.

It Is Impossible For The Man Of Pious Reflection Not To Perceive In It [the Constitution] A Finger Of That Almighty Hand Which Has Been So Frequently And Signally Extended To Our Relief In The Critical Stages Of The Revolution.

A Bad Cause Seldom Fails To Betray Itself.

An Alliance Or Coalition Between Government And Religion Cannot Be Too Carefully Guarded Against......every New And Successful Example Therefore Of A Perfect Separation Between Ecclesiastical And Civil Matters Is Of Importance........religion And Government Will Exist In Greater Purity, Without (rather) Than With The Aid Of Government.

The Constitution Of The U.s. Forbids Everything Like An Establishment Of A National Religion.

Founding Fathers Religion

Before Any Man Can Be Considered As A Member Of Civil Society, He Must Be Considered As A Subject Of The Governour Of The Universe: And If A Member Of Civil Society, Do It With A Saving Of His Allegiance To The Universal Sovereign. We Maintain Therefore That In Matters Of Religion, No Man's Right Is Abridged By The Institution Of Civil Society And That Religion Is Wholly Exempt From Its Cognizance.

Americans Need Not Fear The Federal Government Because They Enjoy The Advantage Of Being Armed, Which You Possess Over The People Of Almost Every Other Nation.

The Federal Constitution Forms A Happy Combination In This Respect; The Great And Aggregate Interests Being Referred To The National, The Local And Particular, To The State Legislatures.

The Operations Of The Federal Government Will Be Most Extensive And Important In Times Of War And Danger; Those Of The State Governments, In Times Of Peace And Security.

With Regard To Banks, They Have Taken Too Deep And Too Wide A Root In Social Transactions, To Be Got Rid Of Altogether, If That Were Desirable. They Have A Hold On Public Opinion, Which Alone Would Make It Expedient To Aim Rather At The Improvement, Than The Suppression Of Them. As Now Generally Constituted, Their Advantages Whatever They Be, Are Outweighed By The Excesses Of Their Paper Emissions, And The Partialities And Corruption With Which They Are Administered.

The Class Of Citizens Who Provide At Once Their Own Food And Their Own Raiment, May Be Viewed As The Most Truly Independent And Happy.

The Rights Of Persons, And The Rights Of Property, Are The Objects, For The Protection Of Which Government Was Instituted.

The Sober People Of America Are Weary Of The Fluctuating Policy Which Has Directed The Public Councils. They Have Seen With Regret And Indignation That Sudden Changes And Legislative Interferences, In Cases Affecting Personal Rights, Become Jobs In The Hands Of Enterprising And Influential Speculators, And Snares To The More-industrious And Less Informed Part Of The Community. They Have Seen, Too, That One Legislative Interference Is But The First Link Of A Long Chain Of Repetitions, Every Subsequent Interference Being Naturally Produced By The Effects Of The Preceding.

The Public Affairs Of The Union Are Spread Throughout A Very Extensive Region, And Are Extremely Diversified By The Local Affairs Connected With Them, And Can With Difficulty Be Learnt In Any Other Place, Than In The Central Councils, To Which A Knowledge Of Them Will Be Brought By The Representatives Of Every Part Of The Empire. Yet Some Knowledge Of The Affairs, And Even Of The Laws Of All The States, Ought To Be Possessed By The Members From Each Of The States.

Oppressors Can Tyrannize Only When They Achieve A Standing Army, An Enslaved Press, And A Disarmed Populace.

That This Liberty [of The Press] Is Often Carried To Excess; That It Has Sometimes Degenerated Into Licentiousness, Is Seen And Lamented, But The Remedy Has Not Yet Been Discovered. Perhaps It Is An Evil Inseparable From The Good With Which It Is Allied; Perhaps It Is A Shoot Which Cannot Be Stripped From The Stalk Without Wounding Vitally The Plant From Which It Is Torn. However Desirable Those Measures Might Be Which Might Correct Without Enslaving The Press, They Have Never Yet Been Devised In America.

A People Armed And Free, Forms A Barrier Against The Enterprises Of Ambition And Is A Bulwark For The Nation Against Foreign Invasion And Domestic Oppression.

[the Human Mind] Finds More Facility In Assenting To The Self-existence Of An Invisible Cause Possessing Infinite Power, Wisdom, And Goodness, Than In The Self-existence Of The Universe, Visibly Destitute Of These Attributes, And Which May Be The Effect Of Them.

Democracies Have Been Found Incompatible With Personal Security Or The Rights Of Property; And In General Been As Short In Their Lives As They Have Been Violent In Their Death.

Democracies Have

The Executive Has No Right, In Any Case, To Decide The Question, Whether There Is Or Is Not Cause For Declaring War.

Tyranny Founding Fathers

I Regret, As Much As Any Member, The Unavoidable Weight And Duration Of The Burdens To Be Imposed; Having Never Been A Proselyte To The Doctrine, That Public Debts Are Public Benefits. I Consider Them, On The Contrary, As Evils Which Ought To Be Removed As Fast As Honor And Justice Will Permit.

The Effect Of A Representative Democracy Is To Refine And Enlarge The Public Views, By Passing Them Through The Medium Of A Chosen Body Of Citizens, Whose Wisdom May Best Discern The True Interest Of The Nation.

It Is Due To Justice; Due To Humanity; Due To Truth; Due To The Sympathies Of Our Nature; In Fine, To Our Character As A People, Both Abroad And At Home, That They Should Be Considered, As Much As Possible, In The Light Of Human Beings, And Not As Mere Property. As Such, They Are Acted On By Our Laws, And Have An Interest In Our Laws. They May Be Considered As Making A Part, Though A Degraded Part, Of The Families To Which They Belong.

The Governments Of Europe Are Afraid To Trust The People With Arms. If They Did, The People Would Certainly Shake Off The Yoke Of Tyranny, As America Did.

The Necessity Of A Senate Is Not Less Indicated By The Propensity Of All Single And Numerous Assemblies, To Yield To The Impulse Of Sudden And Violent Passions, And To Be Seduced By Factious Leaders, Into Intemperate And Pernicious Resolutions.

It May Not Be Improper, However, To Remark Two Consequences, Evidently Flowing From An Extension Of The Federal Power To Every Subject Falling Within The Idea Of The "general Welfare." One Consequence Must Be, To Enlarge The Sphere Of Discretion Allotted To The Executive Magistrate... The Other Consequence Would Be, That Of An Excessive Augmentation Of The Offices, Honors, And Emoluments, Depending On The Executive Will.

In A Society Under The Forms Of Which The Stronger Faction Can Readily Unite And Oppress The Weaker, Anarchy May As Truly Be Said To Reign As In A State Of Nature.

Tyranny Of The Majority

The Constitution Proposed By The Convention May Be Considered Under Two General Points Of View. The First Relates To The Sum Or Quantity Of Power Which It Vests In The Government, Including The Restraints Imposed On The States. The Second, To The Particular Structure Of The Government, And The Distribution Of This Power Among Its Branches.

Among The Features Peculiar To The Political System Of The United States, Is The Perfect Equality Of Rights Which It Secures To Every Religious Sect.

As Long As The Reason Of Man Continues Fallible, And He Is At Liberty To Exercise It, Different Opinions Will Be Formed.

Liberty Is To Faction, What Air Is To Fire, An Aliment Without Which It Instantly Expires. But It Could Not Be A Less Folly To Abolish Liberty, Which Is Essential To Political Life, Because It Nourishes Faction, Than It Would Be To Wish The Annihilation Of Air, Which Is Essential To Animal Life, Because It Imparts To Fire Its Destructive Agency.

The Passions, Therefore, Not The Reason, Of The Public Would Sit In Judgment. But It Is The Reason, Alone, Of The Public, That Ought To Control And Regulate The Government. The Passions Ought To Be Controlled And Regulated By The Government.

By A Faction, I Understand A Number Of Citizens, Whether Amounting To A Majority Or A Minority Of The Whole, Who Are United And Actuated By Some Common Impulse Of Passion, Or Of Interest... The Latent Causes Of Faction Are Sown In The Nature Of Man.

There Is In Every Breast A Sensibility To Marks Of Honor, Of Favor, Of Esteem, And Of Confidence, Which, Apart From All Considerations Of Interest, Is Some Pledge For Grateful And Benevolent Returns. Ingratitude Is A Common Topic Of Declamation Against Human Nature; And It Must Be Confessed, That Instances Of It Are But Too Infrequent And Flagrant Both In Public And In Private Life. But The Universal And Extreme Indignation Which It Inspires, Is Itself A Proof Of The Energy And Prevalence Of The Contrary Sentiment.

No Man Will Subject Himself To The Ridicule Of Pretending That Any Natural Connection Subsists Between The Sun Or The Seasons, And The Period Within Which Human Virtue Can Bear The Temptations Of Power. Happily For Mankind, Liberty Is Not, In This Respect, Confined To Any Single Point Of Time, But Lies Within Extremes, Which Afford Sufficient Latitude For All The Variations Which May Be Required By The Various Situations And Circumstances Of Civil Society.

I Go On The Principle That A Public Debt Is A Public Curse And In A Republican Government More Than In Any Other.

A Certain Degree Of Preparation For War . . . Affords Also The Best Security For The Continuance Of Peace.

A President Is Impeachable If He Attempts To Subvert The Constitution.

The Powers Delegated By The Proposed Constitution To The Federal Government Are Few And Defined. Those Which Are To Remain In The State Governments Are Numerous And Indefinite. The Former Will Be Exercised Principally On External Objects, As War, Peace, Negotiation And Foreign Commerce. ... The Powers Reserved To The Several States Will Extend To All The Objects Which In The Ordinary Course Of Affairs, Concern The Lives And Liberties, And Properties Of The People, And The Internal Order, Improvement And Prosperity Of The State.

The Purpose Of Separation Of Church And State Is To Keep Forever From These Shores The Ceaseless Strife That Has Soaked The Soil Of Europe With Blood For Centuries.

Besides The Obscurity Arising From The Complexity Of Objects, And The Imperfection Of The Human Faculties, The Medium Through Which The Conceptions Of Men Are Conveyed To Each Other Adds A Fresh Embarrassment.

We Have Seen The Mere Distinction Of Color Made In The Most Enlightened Period Of Time, A Ground Of The Most Oppressive Dominion Ever Exercised By Man Over Man.

The States Then Being The Parties To The Constitutional Compact, And In Their Sovereign Capacity, It Follows Of Necessity, That There Can Be No Tribunal Above Their Authority, To Decide In The Last Resort, Whether The Compact Made By Them Be Violated; And Consequently That As The Parties To It, They Must Themselves Decide In The Last Resort, Such Questions As May Be Of Sufficient Magnitude To Require Their Interposition.

For The Same Reason That The Members Of The State Legislatures Will Be Unlikely To Attach Themselves Sufficiently To National Objects, The Members Of The Federal Legislature Will Be Likely To Attach Themselves Too Much To Local Objects.

How A Regulation So Unjust In Itself, So Foreign To The Authority Of Congress, And So Hurtful To The Sale Of Public Land, And Smelling So Strongly Of An Antiquated Bigotry, Could Have Received The Countenance Of A Committee Is Truly A Matter Of Astonishment.

The Proposed Constitution, Therefore, Even When Tested By The Rules Laid Down By Its Antagonists, Is, In Strictness, Neither A National Nor A Federal Constitution; But A Composition Of Both. In Its Foundation It Is Federal, Not National; In The Sources From Which The Ordinary Powers Of The Government Are Drawn, It Is Partly Federal, And Partly National; In The Operation Of These Powers, It Is National, Not Federal; In The Extent Of Them Again, It Is Federal, Not National; And Finally, In The Authoritative Mode Of Introducing Amendments, It Is Neither Wholly Federal, Nor Wholly National.

The People Can Never Willfully Betray Their Own Interests: But They May Possibly Be Betrayed By The Representatives Of The People; And The Danger Will Be Evidently Greater Where The Whole Legislative Trust Is Lodged In The Hands Of One Body Of Men, Than Where The Concurrence Of Separate And Dissimilar Bodies Is Required In Every Public Act.

Because The Bill In Reserving A Certain Parcel Of Land In The United States For The Use Of Said Baptist Church Comprises A Principle And A Precedent For The Appropriation Of Funds Of The United States For The Use And Support Of Religious Societies, Contrary To The Article Of The Constitution Which Declares That "congress Shall Make No Law Respecting A Religious Establishment."

The Class Of Citizens Who Provide At Once Their Own Food And Their Own Raiment, May Be Viewed As The Most Truly Independent And Happy. They Are More: They Are The Best Basis Of Public Liberty, And The Strongest Bulwark Of Public Safety. It Follows, That The Greater The Proportion Of This Class To The Whole Society, The More Free, The More Independent, And The More Happy Must Be The Society Itself.

The Members Of The Legislative Department . . . Are Numerous. They Are Distributed And Dwell Among The People At Large. Their Connections Of Blood, Of Friendship, And Of Acquaintance Embrace A Great Proportion Of The Most Influential Part Of The Society . . . They Are More Immediately The Confidential Guardians Of Their Rights And Liberties.

To Refer The Power In Question To The Clause "to Provide For The Common Defense And General Welfare" Would Be Contrary To The Established And Consistent Rules Of Interpretation, As Rendering The Special And Careful Enumeration Of Powers Which Follow The Clause Nugatory And Improper. Such A View Of The Constitution Would Have The Effect Of Giving To Congress A General Power Of Legislation Instead Of The Defined And Limited One Hitherto Understood To Belong To Them, The Terms "common Defense And General Welfare" Embracing Every Object And Act Within The Purview Of A Legislative Trust.

Any Reading Not Of A Vicious Species Must Be A Good Substitute For The Amusements Too Apt To Fill Up The Leisure Of The Labouring Classes.

The General Government Is Proscribed From The Interfering, In Any Manner Whatsoever, In Matters Respecting Religion; And It May Be Thought To Do This, In Ascertaining Who, And Who Are Not, Ministers Of The Gospel.

There Is Not A Shadow Of Right In The General Government To Intermingle With Religion. Its Least Interference With It Would Be A Most Flagrant Usurpation.

...freedom Arises From The Multiplicity Of Sects, Which Prevades America And Which Is The Best And Only Security For Religious Liberty In Any Society. For Where There Is Such A Variety Of Sects, There Cannot Be A Majority Of Any One Sect To Oppress And Persecute The Rest.

Each State, In Ratifying The Constitution, Is Considered As A Sovereign Body, Independent Of All Others, And Only To Be Bound By Its Own Voluntary Act. In This Relation, Then, The New Constitution Will, If Established, Be A Federal, And Not A National Constitution.

This Constitution, And The Laws Of The United States Which Shall Be Made In Pursuance Thereof; And All Treaties Made, Or Which Shall Be Made, Under The Authority Of The United States, Shall Be The Supreme Law Of The Land.

Constitution Of The United States

The Proposed Constitution Is, In Strictness, Neither A National Nor A Federal Constitution; But A Composition Of Both.

A Universal Peace, It Is To Be Feared, Is In The Catalogue Of Events, Which Will Never Exist But In The Imaginations Of Visionary Philosophers, Or In The Breasts Of Benevolent Enthusiasts.

Conscience Is The Most Sacred Of All Property.

The Two Great Points Of Difference Between A Democracy And A Republic Are: First, The Delegation Of The Government, In The Latter,to A Small Number Of Citizens Elected By The Rest; Secondly, The Greater Number Of Citizens And Greater Sphere Of Country Over Which The Latter May Be Extended.

If The People Are To Be Our Governors, They Must Arm Themselves With Knowledge.

If Men Were Angels, No Government Would Be Necessary.

Union Of Religious Sentiments Begets A Surprising Confidence.

I Own Myself The Friend To A Very Free System Of Commerce, And Hold It As A Truth, That Commercial Shackles Are Generally Unjust, Oppressive And Impolitic - It Is Also A Truth, That If Industry And Labour Are Left To Take Their Own Course, They Will Generally Be Directed To Those Objects Which Are The Most Productive, And This In A More Certain And Direct Manner Than The Wisdom Of The Most Enlightened Legislature Could Point Out.

It Has Been Said That All Government Is An Evil. It Would Be More Proper To Say That The Necessity Of Any Government Is A Misfortune. This Necessity However Exists; And The Problem To Be Solved Is, Not What Form Of Government Is Perfect, But Which Of The Forms Is Least Imperfect.

Wherever The Real Power In A Government Lies, There Is The Danger Of Oppression.

Government Lies

It Is Vain To Say That Enlightened Statesmen Will Always Be Able To Adjust Their Interests. Enlightened Men Will Not Always Be At The Helm.

Some Degree Of Abuse Is Inseparable From The Proper Use Of Everything.

Procrastination In The Beginning And Precipitation Towards The Conclusion Is The Characteristic Of Such Bodies.

Procrastination

Characteristics

If Slavery, As A National Evil, Is To Be Abolished, And It Be Just That It Be Done At The National Expense, The Amount Of The Expense Is Not A Paramount Consideration.

The Political Truths Declared In That Solemn Manner Acquire By Degrees The Character Of Fundamental Maxims Of Free Government, And As They Become Incorporated With National Sentiment, Counteract The Impulses Of Interest And Passion.

The Diversity In The Faculties Of Men, From Which The Rights Of Property Originate, Is Not Less An Insuperable Obstacle To An Uniformity Of Interests. The Protection Of These Faculties Is The First Object Of Government.

Because Finally, 'the Equal Right Of Every Citizen To The Free Exercise Of His Religion According To The Dictates Of Conscience' Is Held By The Same Tenure With All His Other Rights. If We Recur To Its Origin, It Is Equally The Gift Of Nature; If We Weigh Its Importance, It Cannot Be Less Dear To Us; If We Consider The 'declaration Of Those Rights Which Pertain To The Good People Of Virginia, As The Basis And Foundation Of Government,' It Is Enumerated With Equal Solemnity, Or Rather Studied Emphasis.

[t]he Great Security Against A Gradual Concentration Of The Several Powers In The Same Department Consists In Giving To Those Who Administer Each Department The Necessary Constitutional Means And Personal Motives To Resist Encroachment Of The Others.

The Temple Through Which Alone Lies The Road To That Of Liberty.

To What Expedient Then Shall We Finally Resort, For Maintaining In Practice The Necessary Partition Of Power Among The Several Departments, As Laid Down In The Constitution? The Only Answer That Can Be Given Is, That As All These Exterior Provisions Are Found To Be Inadequate, The Defect Must Be Supplied, By So Contriving The Interior Structure Of The Government, As That Its Several Constituent Parts May, By Their Mutual Relations, Be The Means Of Keeping Each Other In Their Proper Places.

The Truth Was That All Men Having Power Ought To Be Distrusted To A Certain Degree.

No Power Over The Freedom Of Religion [is] Delegated To The United States By The Constitution.

Freedom Of Religion

It Is Superfluous To Try By The Standards Of Theory, A Part Of The Constitution Which Is Allowed On All Hands To Be The Result Not Of Theory, But "of A Spirit Of Amity, And That Mutual Deference And Concession Which The Peculiarity Of Our Political Situation Rendered Indispensable" . . . The Equal Vote Allowed To Each State, Is At Once A Constitutional Recognition Of The Portion Of Sovereignty Remaining In The Individual States, And An Instrument For Preserving That Residuary Sovereignty.

[in Government] The Constant Aim Is To Divide And Arrange The Several Offices In Such A Manner As That Each May Be A Check On The Other-that The Private Interest Of Every Individual May Be A Sentinel Over The Public Rights.

Whilst The Last Members Were Signing It Doctr. Franklin Looking Towards The Presidents Chair, At The Back Of Which A Rising Sun Happened To Be Painted, Observed To A Few Members Near Him, That Painters Had Found It Difficult To Distinguish In Their Art A Rising From A Setting Sun.

Constitution Of The United States

In Civilized Communities, Property As Well As Personal Rights Is An Essential Object Of The Laws, Which Encourage Industry By Securing The Enjoyment Of Its Fruits; That Industry From Which Property Results, And That Enjoyment Which Consists Not Merely In Its Immediate Use, But In Its Posthumous Destination To Objects Of Choice, And Of Kindred Affection. In A Just And Free Government, Therefore, The Rights Both Of Property And Of Persons Ought To Be Effectually Guarded.

As Long As The Reason Of Man Continues Fallible, And He Is At Liberty To Exercise It, Different Opinions Will Be Formed. As Long As The Connection Subsists Between His Reason And His Self-love, His Opinions And Passions Will Have A Reciprocal Influence On Each Other, And The Former Will Be Objects To Which The Latter Attach Themselves.

The Government Of The United States Is A Definite Government, Confined To Specified Objects. It Is Not Like The State Governments, Whose Powers Are More General. Charity Is No Part Of The Legislative Duty Of The Government.

In No Part Of The Constitution Is More Wisdom To Be Found Than In The Clause Which Confides The Question Of War Or Peace To The Legislature, And Not The Executive Department. ... The Trust And The Temptation Would Be Too Great For Any One Man.

Temporary Deviations From Fundamental Principles Are Always More Or Less Dangerous. When The First Pretext Fails, Those Who Become Interested In Prolonging The Evil Will Rarely Be At A Loss For Other Pretexts.

As The Legislative, Executive, And Judicial Departments Of The United States Are Co-ordinate, And Each Equally Bound To Support The Constitution, It Follows That Each Must In The Exercise Of Its Functions Be Guided By The Text Of The Constitution According To Its Own Interpretation Of It.

If Congress Can Employ Money Indefinitely To The General Welfare... They May Appoint Teachers In Every State... The Powers Of Congress Would Subvert The Very Foundation, The Very Nature Of The Limited Government Established By The People Of America.

War Contains So Much Folly, As Well As Wickedness, That Much Is To Be Hoped From The Progress Of Reason.

I Flatter Myself [we] Have In This Country Extinguished Forever The Ambitious Hope Of Making Laws For The Human Mind.

The Accumulation Of All Powers, Legislative, Executive, And Judiciary, In The Same Hands, Whether Of One, A Few, Or Many, And Whether Hereditary, Selfappointed, Or Elective, May Justly Be Pronounced The Very Definition Of Tyranny.

Independent Judiciary

Government Is Instituted To Protect Property Of Every Sort; As Well That Which Lies In The Various Rights Of Individuals, As That Which The Term Particularly Expresses. This Being The End Of Government, That Alone Is A Just Government Which Impartially Secures To Every Man Whatever Is His Own.

The Belief In A God All Powerful Wise And Good, Is So Essential To The Moral Order Of The World And To The Happiness Of Man, That Arguments Which Enforce It Cannot Be Drawn From Too Many Sources Nor Adapted With Too Much Solicitude To The Different Characters And Capacities Impressed With It.

The Most Common And Durable Source Of Faction Has Been The Various And Unequal Distribution Of Property.

The Citizens Of The United States Have Peculiar Motives To Support The Energy Of Their Constitutional Charters.

A Well Regulated Militia, Composed Of The Body Of The People, Trained In Arms, Is The Best Most Natural Defense Of A Free Country.

A Republic, By Which I Mean A Government In Which The Scheme Of Representation Takes Place, Opens A Different Prospect And Promises The Cure For Which We Are Seeking.

There Is Not A More Important And Fundamental Principle In Legislation, Than That The Ways And Means Ought Always To Face The Public Engagements; That Our Appropriations Should Ever Go Hand In Hand With Our Promises. To Say That The United States Should Be Answerable For Twenty-five Millions Of Dollars Without Knowing Whether The Ways And Means Can Be Provided, And Without Knowing Whether Those Who Are To Succeed Us Will Think With Us On The Subject, Would Be Rash And Unjustifiable. Sir, In My Opinion, It Would Be Hazarding The Public Faith In A Manner Contrary To Every Idea Of Prudence.

Who Does Not See That The Same Authority Which Can Establish Christianity, In Exclusion Of All Other Religions, May Establish With The Same Ease Any Particular Sect Of Christians, In Exclusion Of All Other Sects?

From The The Protection Of Different And Unequal Faculties Of Acquiring Property, The Possession Of Different Degrees And Kinds Of Property Immediately Results.

What Spectacle Can Be More Edifying Or More Seasonable, Than That Of Liberty And Learning, Each Leaning On The Other For Their Mutual And Surest Support?

[in The Case Of] Dangerous Exercise Of Other Powers, Not Granted By The Said Compact, The States, Who Are Parties Thereto, Have The Right, And Are Duty Bound, To Interpose For Arresting The Progress Of The Evil.

I Consider It…as Subverting The Fundamental And Characteristic Principle Of The Government…and As Bidding Defiance To The Sense In Which The Constitution Is Known To Have Been Proposed, Advocated, And Adopted. If Congress Can Do Whatever In Their Discretion Can Be Done By Money, And Will Promote The General Welfare, The Government Is No Longer A Limited One.

Complaints Are Everywhere Heard From Our Most Considerate And Virtuous Citizens, Equally The Friends Of Public And Private Faith, And Of Public And Personal Liberty, That Our Governments Are Too Unstable, That The Public Good Is Disregarded In The Conflicts Of Rival Parties, And That Measures Are Too Often Decided, Not According To The Rules Of Justice And The Rights Of The Minor Party, But By The Superior Force Of An Interested And Overbearing Majority.

To Consider The Degree Of Concord Which Ultimately Prevailed As Less Than A Miracle.

We Are Free Today Substantially, But The Day Will Come When Our Republic Will Be An Impossibility. It Will Be An Impossibility Because Wealth Will Be Concentrated In The Hands Of A Few. A Republic Cannot Stand Upon Bayonets, And When The Day Comes When The Wealth Of The Nation Will Be In The Hands Of A Few, Then We Must Rely Upon The Wisdom Of The Best Elements In The Country To Readjust The Laws Of The Nations To The Changed Conditions.

The Inference To Which We Are Brought Is That The Causes Of Faction Cannot Be Removed And That Relief Is Only To Be Sought In The Means Of Controlling Its Effects.

As To The Permanent Interest Of Individuals In The Aggregated Interests Of The Community, And In The Proverbial Maxim, That Honesty Is The Best Policy, Present Temptation Is Often Found To Be An Overmatch For Those Considerations.

There Never Was An Assembly Of Men, Charged With A Great And Arduous Trust, Who Were More Pure In Their Motives, Or More Exclusively Or Anxiously Devoted To The Object Committed To Them.

I Hope This Will Find You...enjoying The Commencement Of A New Year With Every Prospect That Can Make It A Happy One.

The Powers Of The Federal Government Are Enumerated; It Can Only Operate In Certain Cases; It Has Legislative Powers On Defined And Limited Objects, Beyond Which It Cannot Extend Its Jurisdiction.

Experience Has Instructed Us That No Skill In The Science Of Government Has Yet Been Able To Discriminate And Define, With Sufficient Certainty, Its Three Great Provinces The Legislative, Executive, And Judiciary; Or Even The Privileges And Powers Of The Different Legislative Branches.

In Order To Judge Of The Form To Be Given To This Institution The Senate, It Will Be Proper To Take A View Of The Ends To Be Served By It. These Were,first, To Protect The People Against Their Rulers, Secondly, To Protect The People Against The Transient Impressions Into Which They Themselves Might Be Led.

Measures Should Be Enacted Which, Without Violating The Rights Of Property, Would Reduce Extreme Wealth Towards A State Of Mediocrity, And Raise Extreme Indigence Towards A State Of Comfort.

[i]n The Next Place, To Show That Unless These Departments Be So Far Connected And Blended As To Give To Each A Constitutional Control Over The Others, The Degree Of Separation Which The Maxim Requires, As Essential To A Free Government, Can Never In Practice Be Duly Maintained.

Experience Assures Us, That The Efficacy Of The Provision Has Been Greatly Over-rated; And That Some More Adequate Defense Is Indispensably Necessary For The More Feeble, Against The More Powerful Members Of The Government.

Is The Appointment Of Chaplains To The Two Houses Of Congress Consistent With The Constitution, And With The Pure Principle Of Religious Freedom? In Strictness The Answer On Both Points Must Be In The Negative. The Constitution Of The U. S. Forbids Everything Like An Establishment Of A National Religion. The Law Appointing Chaplains Establishes A Religious Worship For The National Representatives, To Be Performed By Ministers Of Religion, Elected By A Majority Of Them, And These Are To Be Paid Out Of The National Taxes. Does This Not Involve The Principle Of A National Establishment ... ?

The People Shall Not Be Deprived Or Abridged Of Their Right To Speak, Or To Publish Their Sentiments; And The Freedom Of The Press, As One Of The Great Bulwarks Of Liberty, Shall Be Inviolable.

Rulers Who Wished To Subvert The Public Liberty, May Have Found An Established Clergy Convenient Auxiliaries. A Just Government Instituted To Secure & Perpetuate It Needs Them Not.

On The Distinctive Principles Of The Government ... Of The U. States, The Best Guides Are To Be Found In ... The Declaration Of Independence, As The Fundamental Act Of Union Of These States.

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