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When Human Laws Contradict Or Discountenance The Means, Which Are Necessary To Preserve The Essential Rights Of Any Society, They Defeat The Proper End Of All Laws, And So Become Null And Void.

-Alexander Hamilton

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When Human Laws Contradict

Alexander Hamilton

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When Human Laws Contradict Or Discountenance The Means, Which Are Necessary To Preserve The Essential Rights Of Any Society, They Defeat The Proper End Of All Laws, And So Become Null And Void.

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. . . [the Judicial Branch] May Truly Be Said To Have Neither Force Nor Will, But Merely Judgment; And Must Ultimately Depend Upon The Aid Of The Executive Arm Even For The Efficacy Of Its Judgments.

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.

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

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.

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

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

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.

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

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

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.

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

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.

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

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

The Deliberative Sense Of The Community Should Govern.

A Nation Has A Right To Manage Its Own Concerns As It Thinks Fit.

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

[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.

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.

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

The 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.

When Human Laws Contradict Or Discountenance The Means, Which Are Necessary To Preserve The Essential Rights Of Any Society, They Defeat The Proper End Of All Laws, And So Become Null And Void.

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

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.

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

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.

In The Usual Progress Of Things, The Necessities Of A Nation In Every Stage Of Its Existence Will Be Found At Least Equal To Its Resources.

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.

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.

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 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.

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 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.

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

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

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

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

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.

In Testimony Of Their Respect For The Patriot Of Incorruptible Integrity, The Soldier Of Approved Valour The Statesman Of Consummate Wisdom; Whose Talents And Virtues Will Be Admired By Grateful Posterity Long After This Marble Shall Have Mouldered Into Dust.

The 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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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

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.

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

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

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 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.

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

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.

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.

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.

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.

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

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 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.

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.

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.

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.

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.

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.

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

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

If, Then, The Courts Of Justice Are To Be Considered As The Bulwarks Of A Limited Constitution Against Legislative Encroachments, This Consideration Will Afford A Strong Argument For The Permanent Tenure Of Judicial Offices, Since Nothing Will Contribute So Much As This To That Independent Spirit In The Judges Which Must Be Essential To The Faithful Performance Of So Arduous A Duty.

The Civil Jury Is A Valuable Safeguard To Liberty.

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.

The Courts Must Declare The Sense Of The Law; And If They Should Be Disposed To Exercise Will Instead Of Judgement; The Consequences Would Be The Substitution Of Their Pleasure For That Of The Legislative Body.

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

The Treaties Of The United States, To Have Any Force At All, Must Be Considered As Part Of The Law Of The Land.

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

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.

[t]he Present Constitution Is The Standard To Which We Are To Cling. Under Its Banners, Bona Fide Must We Combat Our Political Foes - Rejecting All Changes But Through The Channel Itself Provides For Amendments.

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.

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.

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.

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.

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

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.

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

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.

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.

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

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

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

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

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.

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.

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.

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

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

If It Were To Be Asked, What Is The Most Sacred Duty And The Greatest Source Of Our Security In A Republic? The Answer Would Be, An Inviolable Respect For The Constitution And Laws - The First Growing Out Of The Last . . . . A Sacred Respect For The Constitutional Law Is The Vital Principle, The Sustaining Energy Of A Free Government.

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

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!

When Occasions Present Themselves, In Which The Interests Of The People Are At Variance With Their Inclinations, It Is The Duty Of The Persons Whom They Have Appointed To Be The Guardians Of Those Interests, To Withstand The Temporary Delusion, In Order To Give Them Time And Opportunity For More Cool And Sedate Reflection.

There May Be In Every Government A Few Choice Spirits, Who May Act From More Worthy Motives. One Great Error Is That We Suppose Mankind More Honest Than They Are. Our Prevailing Passions Are Ambition And Interest.

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.

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

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

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

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 Man In His Senses Can Hesitate In Choosing To Be Free, Rather Than A Slave.

American Revolution

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

[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.

Common Interest May Always Be Reckoned Upon As The Surest Bond Of Sympathy.

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

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.

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.

As To Religion A Moderate Stock Will Satisfy Me. She Must Believe In God And Hate A Saint.

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 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.

With Regard To The Learned Professions, Little Need Be Observed; They Truly Form No Distinct Interest In Society . . . [discussing The Landed, Merchant, And Learned Classes In Legislative Assembly]. Will Not The Man Of The Learned Profession, Who Will Feel A Neutrality To The Rivalships Between The Different Branches Of Industry, Be Likely To Prove An Impartial Arbiter Between Them, Ready To Promote Either, So Far As It Shall Appear To Him Conducive To The General Interests Of Society?

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

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

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?

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.

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

There 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.

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.

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

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.

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.

The Convention Probably Foresaw What It Has Been A Principal Aim Of These Papers To Inculcate That The Danger Which Most Threatens Our Political Welfare Is, That The State Governments Will Finally Sap The Foundations Of The Union.

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.

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

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

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.

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

In A Free Government, The Security For Civil Rights Must Be The Same As That For Religious Rights. It Consists In The One Case In The Multiplicity Of Interests, And In The Other In The Multiplicity Of Sects.

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

The 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.

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

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.

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

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.

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.

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

Man Is A Reasoning Rather Than A Reasonable Animal.

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.

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

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.

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.

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.

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

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

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.

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

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

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.

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

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.

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

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

Republican Government

Would They Not Fear That Citizens Not Less Tenacious Than Conscious Of Their Rights Would Flock From The Remotest Extremes Of Their Respective States To The Places Of Election, To Overthrow Their Tyrants, And To Substitute Men Who Would Be Disposed To Avenge The Violated Majesty Of The People?

Here Sir, The People Govern.

Representatives

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

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.

I Confess I Am At A Loss To Discover What Temptation The Persons Entrusted With The Administration Of The General Government Could Ever Feel To Divest The States Of The Authorities Of That Description. The Regulation Of The Mere Domestic Police Of A State Appears To Me To Hold Out Slender Allurements To Ambition.

A Promise Must Never Be Broken.

The Interpretation Of The Laws Is The Proper And Peculiar Province Of The Courts. A Constitution Is, In Fact, And Must Be Regarded By The Judges, As Fundamental Law. It Therefore Belongs To Them To Ascertain Its Meaning, As Well As The Meaning Of Any Particular Act Proceeding From The Legislative Body. If There Should Happen To Be An Irreconcilable Variance Between The Two, That Which Has The Superior Obligation And Validity Ought, Of Course, To Be Preferred; Or, In Other Words, The Constitution Ought To Be Preferred To The Statute, The Intention Of The People To The Intention Of Their Agents.

Wherever Indeed A Right Of Property Is Infringed For The General Good, If The Nature Of The Case Admits Of Compensation, It Ought To Be Made; But If Compensation Be Impracticable, That Impracticability Ought To Be An Obstacle To A Clearly Essential Reform.

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

The President 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.

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

It Is By Far The Safer Course To Lay [considerations Of The Future] Altogether Aside; And To Confine Our Attention Wholly To The Nature And Extent Of The Powers As They Are Delineated In The Constitution. Everything Beyond This, Must Be Left To The Prudence And Firmness Of The People; Who, As They Will Hold The Scales In Their Own Hands, It Is To Be Hoped, Will Always Take Care To Preserve The Constitutional Equilibrium Between The General And State Governments.

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.

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.

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.

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

Second Amendment

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.

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

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.

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.

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.

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

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

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.

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

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

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.

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.

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

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.

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

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.

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

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