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

-Alexander Hamilton

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The Regular Distribution Of

Alexander Hamilton

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

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Distribution Of Power

More From Alexander Hamilton

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

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

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

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

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

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

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.

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

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.

There Are Seasons In Every Country When Noise And Impudence Pass Current For Worth; And In Popular Commotions Especially, The Clamors Of Interested And Factious Men Are Often Mistaken For Patriotism.

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.

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

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

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

The 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.

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

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

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

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.

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

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

...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.

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!

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 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.

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

American Revolution

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.

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.

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

The Deliberative Sense Of The Community Should Govern.

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

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

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

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.

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.

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.

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

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

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

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

The Scheme Of Separate Confederacies, Which Will Always Multiply The Chances Of Ambition, Will Be A Never Failing Bait To All Such Influential Characters In The State Administrations As Are Capable Of Preferring Their Own Emolument And Advancement To The Public Weal.

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.

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

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

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.

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

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

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

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

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

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.

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

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

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.

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

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.

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

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

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

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

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

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

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

The 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.

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

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

[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.

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.

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

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.

The People Alone Have An Incontestable, Unalienable, And Indefeasible Right To Institute Government And To Reform, Alter, Or Totally Change The Same When Their Protection, Safety, Prosperity, And Happiness Require It.

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

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

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

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

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

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

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

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

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

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

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

[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.

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.

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

Wisdom Experience

The Variety Of More Minute Interests, Which Will Necessarily Fall Under The Superintendence Of The Local Administrations . . . Cannot Be Particularized Without Involving A Detail Too Tedious And Uninteresting To Compensate For The Instruction It Might Afford.

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

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.

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

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

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.

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

The Truth Is, After All The Declamations We Have Heard, That The Constitution Is Itself, In Every Rational Sense, And To Every Useful Purpose, A Bill Of Rights.

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

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

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.

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

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

Let Experience, The Least Fallible Guide Of Human Opinion, Be Appealed To For An Answer To These Inquiries.

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.

To Attempt To Enumerate The Complicated Variety Of Mischiefs In The Whole System Of The Social Economy, Which Proceed From A Neglect Of The Maxims That Uphold Public Credit, And Justify The Solicitude Manifested By The House On This Point, Would Be An Improper Intrusion On Their Time And Patience.

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.

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

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?

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.

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

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

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

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.

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

The 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.

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

Man Is A Reasoning Rather Than A Reasonable Animal.

Here Sir, The People Govern.

Representatives

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.

The Great Leading Objects Of The Federal Government, In Which Revenue Is Concerned, Are To Maintain Domestic Peace, And Provide For The Common Defense.

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.

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

If The Representatives Of The People Betray Their Constituents, There Is Then No Recourse Left But In The Exertion Of That Original Right Of Self-defense Which Is Paramount To All Positive Forms Of Government.

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

Representatives

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.

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

Human Condition

The Means Ought To Be Proportioned To The End; The Persons From Whose Agency The Attainment Of Any End Is Expected Ought To Possess The Means By Which It Is To Be Attained.

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

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

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.

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

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

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

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.

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

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

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

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.

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

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

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.

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.

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

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.

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

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

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.

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

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.

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.

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

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

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

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

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

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.

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

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

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

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.

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

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

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.

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.

[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.

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.

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.

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

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

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

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

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

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

Second Amendment

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.

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

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

Nobody Expects To Trust His Body Overmuch After The Age Of Fifty.

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.

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.

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

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

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.

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

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.

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.

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

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

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.

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.

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

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.

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

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

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.

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

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

Why Has Government Been Instituted At All? Because The Passions Of Man Will Not Conform To The Dictates Of Reason And Justice Without Constraint.

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.

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

Separation Of Church And State

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

Learn To Think Continentally.

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

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

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Richard Paul Evans

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