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Jurors Should Acquit, Even Against The Judge's Instruction . . . If Exercising Their Judgment With Discretion And Honesty They Have A Clear Conviction The Charge Of The Court Is Wrong.

-Alexander Hamilton

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Jurors Should Acquit, Even

Alexander Hamilton

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Jurors Should Acquit, Even Against The Judge's Instruction . . . If Exercising Their Judgment With Discretion And Honesty They Have A Clear Conviction The Charge Of The Court Is Wrong.

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

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

The 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.

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

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

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

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

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.

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

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

Democracies Have

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

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

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

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

The Art Of Reading Is To Skip Judiciously.

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

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

There Can Be No Time, No State Of Things, In Which Credit Is Not Essential To A Nation.

The Representatives Of The People, In A Popular Assembly, Seem Sometimes To Fancy That They Are The People Themselves, And Betray Strong Symptoms Of Impatience And Disgust At The Least Sign Of Opposition From Any Other Quarter; As If The Exercise Of Its Rights, By Either The Executive Or Judiciary, Were A Breach Of Their Privilege And An Outrage To Their Dignity.

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

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.

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.

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

It Is A Singular Advantage Of Taxes On Articles Of Consumption That They Contain In Their Own Nature A Security Against Excess. They Prescribe Their Own Limit, Which Cannot Be Exceeded Without Defeating The End Purposed - That Is, An Extension Of The Revenue.

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

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

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.

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

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

It 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.

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.

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

I Have Carefully Examined The Evidences Of The Christian Religion, And If I Was Sitting As A Juror Upon Its Authenticity I Would Unhesitatingly Give My Verdict In Its Favor. I Can Prove Its Truth As Clearly As Any Proposition Ever Submitted To The Mind Of Man.

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

[i]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.

[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.

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.

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

Those Who Do Not Industrialize Become Hewers Of Wood And Hawkers Of Water

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.

But As The Plan Of The Convention Aims Only At A Partial Union Or Consolidation, The State Governments Would Clearly Retain All The Rights Of Sovereignty Which They Before Had, And Which Were Not, By That Act, Exclusively Delegated To The United States.

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

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

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.

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

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

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

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.

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

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

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

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

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.

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

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

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.

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?

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

The States Have Authority To Interpret The Constitution, Enforce It, And Protect The People From Violations Of It By The Federal Government In The First Place, There 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, Or Which Gives Them Any Greater Latitude In This Respect Than May Be Claimed By The Courts Of Every State.

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

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.

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

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.

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

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.

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

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

Executive Power

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

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

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

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 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?

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

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.

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.

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

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

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

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

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

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

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.

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

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

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.

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

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

Second Amendment

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

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

The 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.

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

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

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

A 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.

The Propriety Of A Law, In A Constitutional Light, Must Always Be Determined By The Nature Of The Powers Upon Which It Is Founded.

Safety From External Danger Is The Most Powerful Director Of National Conduct. To Be More Safe, [nations] At Length Become Willing To Run The Risk Of Being Less Free.

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.

Here Sir, The People Govern.

Representatives

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.

As Riches Increase And Accumulate In Few Hands . . . The Tendency Of Things Will Be To Depart From The Republican Standard.

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 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.

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

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

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

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.

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

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.

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

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.

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

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

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.

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

The Desire Of Reward Is One Of The Strongest Incentives Of Human Conduct; ... The Best Security For The Fidelity Of Mankind Is To Make Their Interest Coincide With Their Duty.

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.

[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.

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

Human Condition

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

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

The 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.

The Injury Which May Possibly Be Done By Defeating A Few Good Laws, Will Be Amply Compensated By The Advantage Of Preventing A Number Of Bad Ones.

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.

Wise Politicians Will Be Cautious About Fettering The Government With Restrictions That Cannot Be Observed, Because They Know That Every Break Of The Fundamental Laws, Though Dictated By Necessity, Impairs That Sacred Reverence Which Ought To Be Maintained In The Breast Of Rulers Towards The Constitution Of A Country.

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

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

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

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

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.

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

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

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.

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.

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

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

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

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.

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

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

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

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

Opinion, Whether Well Or Ill-founded, Is The Governing Principle Of Human Affairs

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

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.

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

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

Domestic Violence

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

Representatives

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

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

It Is A Just Observation That The People Commonly Intend The Public Good. This Often Applies To Their Very Errors. But Their Good Sense Would Despise The Adulator Who Should Pretend They Always Reason Right About The Means Of Promoting It.

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

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

The Same Rule That Teaches The Propriety Of A Partition Between The Various Branches Of Power, Teaches Us Likewise That This Partition Ought To Be So Contrived As To Render The One Independent Of The Other.

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

The Deliberative Sense Of The Community Should Govern.

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

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

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.

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

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

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

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

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

The 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.

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

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

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

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

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

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

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.

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.

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

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

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 . . .

[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.

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

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.

Were It Not That It Might Require Too Long A Discussion, It Would Not Be Difficult To Demonstrate That A Large And Well-organized Republic Can Scarcely Lose Its Liberty From Any Other Cause Than That Of Anarchy, To Which A Contempt Of The Laws Is The High-road.

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

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.

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

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

If 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.

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

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

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

The 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.

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

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.

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

A Promise Must Never Be Broken.

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.

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

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

The Circumstances That Endanger The Safety Of Nations Are Infinite, And For This Reason No Constitutional Shackles Can Wisely Be Imposed On The Power To Which The Care Of It Is Committed.

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Mark Z. Danielewski

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