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There Are Some Who Maintain That Trade Will Regulate Itself, And It Is Not To Be Benefited By The Encouragements Or Restraints Of Government. Such Persons Will Imagine That There Is No Need Of A Common Directing Power. This Is One Of Those Wild Speculative Paradoxes, Which Have Grown Into Credit Among Us, Contrary To The Uniform Practice And Sense Of The Most Enlightened Nations.

-Alexander Hamilton

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There Are Some Who

Alexander Hamilton

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There Are Some Who Maintain That Trade Will Regulate Itself, And It Is Not To Be Benefited By The Encouragements Or Restraints Of Government. Such Persons Will Imagine That There Is No Need Of A Common Directing Power. This Is One Of Those Wild Speculative Paradoxes, Which Have Grown Into Credit Among Us, Contrary To The Uniform Practice And Sense Of The Most Enlightened Nations.

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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.

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

To Cherish And Stimulate The Activity Of The Human Mind, By Multiplying The Objects Of Enterprise, Is Not Among The Least Considerable Of The Expedients, By Which The Wealth Of A Nation May Be Promoted. Even Things In Themselves Not Positively Advantageous, Sometimes Become So, By Their Tendency To Provoke Exertion. Every New Scene, Which Is Opened To The Busy Nature Of Man To Rouse And Exert Itself, Is The Addition Of A New Energy To The General Stock Of Effort.

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.

What Plan For The Regulation Of The Militia May Be Pursued By The National Government Is Impossible To Be Foreseen...the Project Of Disciplining All The Militia Of The United States Is As Futile As It Would Be Injurious If It Were Capable Of Being Carried Into Execution... Little More Can Reasonably Be Aimed At With The Respect To The People At Large Than To Have Them Properly Armed And Equipped ; And In Order To See That This Be Not Neglected, It Will Be Necessary To Assemble Them Once Or Twice In The Course Of A Year.

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

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

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

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.

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

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.

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

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 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.

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.

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

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.

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.

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.

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

The 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.

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

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.

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.

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

[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.

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?

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 Art Of Reading Is To Skip Judiciously.

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.

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.

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

It Is A General Principle Of Human Nature, That A Man Will Be Interested In Whatever He Possesses, In Proportion To The Firmness Or Precariousness Of The Tenure By Which He Holds It.

Good And Wise Men, In All Ages, Have Embraced A Very Dissimilar Theory. They Have Supposed That The Deity, From The Relations We Stand In To Himself And To Each Other, Has Constituted An Eternal And Immutable Law, Which Is Indispensably Obligatory Upon All Mankind, Prior To Any Human Institution Whatever. This Is What Is Called The Law Of Nature....upon This Law Depend The Natural Rights Of Mankind.

[i]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.

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

Human Condition

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.

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

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

The Deliberative Sense Of The Community Should Govern.

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

Constitution Of The United States

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.

There Is At This Present Juncture, A Certain Fermentation Of Mind, A Certain Activity Of Speculation And Enterprise Which If Properly Directed May Be Made Subservient To Useful Purposes; But Which If Left Entirely To Itself, May Be Attended With Pernicious Effects.

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.

As You Sometimes Swear By Him That Made You, I Conclude Your Sentiments Do Not Correspond With His, In That Which Is The Basis Of The Doctrine You Both Agree In: And This Makes It Impossible To Imagine Whence This Congruity Between You Arises. "to Grant That There Is A Supreme Intelligence Who Rules The World And Has Established Laws To Regulate The Actions Of His Creatures; And Still To Assert That Man, In A State Of Nature, May Be Considered As Perfectly Free From All Restraints Of Law And Government, Appears To A Common Understanding Altogether Irreconcilable.

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

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.

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

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

The 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.

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.

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.

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.

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.

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

The Militia Is A Voluntary Force Not Associated Or Under The Control Of The States Except When Called Out; [ When Called Into Actual Service] A Permanent Or Long Standing Force Would Be Entirely Different In Make-up And Call.

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

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.

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.

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.

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

The President, And Government, Will Only Control The Militia When A Part Of Them Is In The Actual Service Of The Federal Government, Else, They Are Independent And Not Under The Command Of The President Or The Government. The States Would Control The Militia, Only When Called Out Into The Service Of The State, And Then The Governor Would Be Commander In Chief Where Enumerated In The Respective State Constitution.

The Civil Jury Is A Valuable Safeguard To Liberty.

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 True Principle Of Government Is This - Make The System Compleat In Its Structure; Give A Perfect Proportion And Balance To Its Parts; And The Powers You Give It Will Never Affect Your Security.

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.

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

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.

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 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.

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

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

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.

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.

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.

Even To Observe Neutrality You Must Have A Strong Government.

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

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

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

It May Be Laid Down As A General Rule, That Their Confidence In And Obedience To A Government, Will Be Commonly Proportioned To The Goodness Or Badness Of Its Administration . . . . Various Reasons Have Been Suggested In The Course Of These Papers, To Induce A Probability That The General Government Will Be Better Administered Than The Particular Governments.

Man Is Either Governed By His Own Laws - Freedom - Or The Laws Of Another - Slavery. Are You Willing To Become Slaves? Will You Give Up Your Freedom, Your Life And Your Property Without A Single Struggle? No Man Has A Right To Rule Over His Fellow Creatures.

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 Institution Of Delegated Power Implies That There Is A Portion Of Virtue And Honor Among Mankind Which May Be A Reasonable Foundation Of Confidence.

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.

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.

That Experience Is The Parent Of Wisdom Is An Adage The Truth Of Which Is Recognized By The Wisest As Well As The Simplest Of Mankind.

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

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

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.

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

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

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

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

Government Implies The Power Of Making Laws. It Is Essential To The Idea Of A Law, That It Be Attended With A Sanction; Or, In Other Words, A Penalty Or Punishment For Disobedience.

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

Distribution Of Power

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

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.

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

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.

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.

The Complete Independence Of The Courts Of Justice Is Peculiarly Essential In A Limited Constitution. By A Limited Constitution, I Understand One Which Contains Certain Specified Exceptions To The Legislative Authority. Limitations Of This Kind Can Be Preserved In Practice No Other Way Than Through The Medium Of Courts Of Justice, Whose Duty It Must Be To Declare All Acts Contrary To The Manifest Tenor Of The Constitution Void. Without This, All The Reservations Of Particular Rights Or Privileges Would Amount To Nothing.

The 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.

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

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

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

The Passions Of A Revolution Are Apt To Hurry Even Good Men Into Excesses.

[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 . . .

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

There Is No Position Which Depends On Clearer Principles Than That Every Act Of A Delegated Authority, Contrary To The Commission Under Which It Is Exercised, Is Void. No Legislative Act, Therefore, Contrary To The Constitution, Can Be Valid.

And As The Vicissitudes Of Nations Beget A Perpetual Tendency To The Accumulation Of Debt, There Ought To Be In Every Government A Perpetual, Anxious, And Unceasing Effort To Reduce That, Which At Any Times Exists, As Fast As Shall Be Practicable Consistently With Integrity And Good Faith.

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

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

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

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.

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

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.

A Promise Must Never Be Broken.

If The Maintenance Of Public Credit, Then, Be Truly Important, The Next Enquiry Which Suggests Itself Is, By What Means It Is To Be Effected? The Ready Answer To Which Question Is, By Good Faith, By A Punctual Performance Of Contracts. States, Like Individuals, Who Observe Their Engagements, Are Respected And Trusted: While The Reverse Is The Fate Of Those Who Pursue An Opposite Conduct.

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.

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

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.

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

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

American Revolution

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

This [a State Militia System] Appears To Me The Only Substitute That Can Be Devised For A Standing Army, And The Best Possible Security Against It, If It Should Exist.

Second Amendment

Right To Bear Arms

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 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.

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

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

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.

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.

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

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

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

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

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

If The Federal Government Should Overpass The Just Bounds Of Its Authority And Make A Tyrannical Use Of Its Powers, The People, Whose Creature It Is, Must Appeal To The Standard They Have Formed, And Take Such Measures To Redress The Injury Done To The Constitution As The Exigency May Suggest And Prudence Justify.

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

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.

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.

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

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?

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.

Divide Et Impera Must Be The Motto Of Every Nation That Either Hates Or Fears Us.

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.

[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.

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.

Upon This Law, Depend The Natural Rights Of Mankind, The Supreme Being Gave Existence To Man, Together With The Means Of Preserving And Beatifying That Existence. He Endowed Him With Rational Faculties, By The Help Of Which, To Discern And Pursue Such Things, As Were Consistent With His Duty And Interest, And Invested Him With An Inviolable Right To Personal Liberty, And Personal Safety.

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.

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.

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.

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

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.

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

...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.

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

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 Idea Of Governing At All Times By The Simple Force Of Law (which We Have Been Told Is The Only Admissible Principle Of Republican Government) Has No Place But In The Reveries Of Those Political Doctors Whose Sagacity Disdains The Admonitions Of Experimental Instruction.

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

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!

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.

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.

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

It Is A General Principle Of Human Nature, That A Man Will Be Interested In Whatever He Possesses, In Proportion To The Firmness Or Precariousness Of The Tenure By Which He Holds It; Will Be Less Attached To What He Holds By A Momentary Or Uncertain Title, Than To What He Enjoys By A Durable Or Certain Title; And, Of Course, Will Be Willing To Risk More For The Sake Of The One, Than For The Sake Of The Other.

[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.

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

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

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.

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

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.

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.

How Can You Trust People Who Are Poor And Own No Property? ... Inequality Of Property Will Exist As Long As Liberty Exists.

The Proposed Constitution, So Far From Implying An Abolition Of The State Governments, Makes Them Constituent Parts Of The National Sovereignty, By Allowing Them A Direct Representation In The Senate, And Leaves In Their Possession Certain Exclusive And Very Important Portions Of Sovereign Power. This Fully Corresponds, In Every Rational Import Of The Terms, With The Idea Of A Federal Government.

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

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

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.

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

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

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

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.

An Over-scrupulous Jealousy Of Danger To The Rights Of The People, Which Is More Commonly The Fault Of The Head Than Of The Heart, Will Be Represented As Mere Pretense And Artifice, The Stale Bait For Popularity At The Expense Of The Public Good.

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

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.

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

The Safety Of A Republic Depends Essentially On The Energy Of A Common National Sentiment; On A Uniformity Of Principles And Habits; On The Exemption Of The Citizens From Foreign Bias And Prejudice; And On That Love Of Country Which Will Almost Invariably Be Found To Be Closely Connected With Birth, Education And Family.

Bias And Prejudice

Self-preservation Is The First Principle Of Our Nature.

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.

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

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.

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.

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.

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.

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.

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

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

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

The Republican Principle Demands That The Deliberate Sense Of The Community Should Govern The Conduct Of Those To Whom They Intrust The Management Of Their Affairs; But It Does Not Require An Unqualified Complaisance To Every Sudden Breeze Of Passion Or To Every Transient Impulse Which The People May Receive From The Arts Of Men, Who Flatter Their Prejudices To Betray Their Interests.

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Patrick J. Kennedy

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