Background Image

...

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

-Alexander Hamilton

...

Please Wait....
Translating....

Whoever Attentively Considers The

Alexander Hamilton

...

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

Views: 37260

Topic

More From Alexander Hamilton

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

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

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

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

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.

That Instability Is Inherent In The Nature Of Popular Governments, I Think Very Disputable … A Representative Democracy, Where The Right Of Election Is Well Secured And Regulated & The Exercise Of The Legislature, Executive, And Judiciary Authorities, Is Vested In Select Persons, Chosen Really And Not Nominally By The People, Will In My Opinion Be Most Likely To Be Happy, Regular And Durable.

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

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

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.

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

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.

[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.

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.

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.

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.

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.

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.

[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.

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.

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 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.

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.

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

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

Here Sir, The People Govern.

Representatives

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

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.

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.

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.

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 Of The Greatest Consequence That The Debt Should, With The Consent Of The Creditors, Be Remoulded Into Such A Shape As Will Bring The Expenditure Of The Nation To A Level With Its Income. Till This Shall Be Accomplished, The Finances Of The United States Will Never Wear A Proper Countenance. Arrears Of Interest, Continually Accruing, Will Be As Continual A Monument, Either Of Inability, Or Of Ill Faith And Will Not Cease To Have An Evil Influence On Public Credit.

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

The Only Distinction Between Freedom And Slavery Consists In This: In The Former State A Man Is Governed By The Laws To Which He Has Given His Consent, Either In Person Or By His Representative; In The Latter, He Is Governed By The Will Of Another. In The One Case, His Life And Property Are His Own; In The Other, They Depend Upon The Pleasure Of His Master. It Is Easy To Discern Which Of These Two States Is Preferable.

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

The Only Constitutional Exception To The Power Of Making Treaties Is, That It Shall Not Change The Constitution.… On Natural Principles, A Treaty, Which Should Manifestly Betray Or Sacrifice Primary Interests Of The State, Would Be Null.

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.

A Share In The Sovereignty Of The State, Which Is Exercised By The Citizens At Large, In Voting At Elections Is One Of The Most Important Rights Of The Subject, And In A Republic Ought To Stand Foremost In The Estimation Of The Law...that Portion Of The Sovereignty, To Which Each Individual Is Entitled, Can Never Be Too Highly Prized. It Is That For Which We Have Fought And Bled.

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

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

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.

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

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

The Idea Of Restraining The Legislative Authority, In The Means Of Providing For The National Defense, Is One Of Those Refinements Which Owe Their Origin To A Zeal For Liberty More Ardent Than Enlightened.

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

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

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

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

Human Condition

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

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.

When You Assemble From Your Several Counties In The Legislature, Were Every Member To Be Guided Only By The Apparent Interest Of His County, Government Would Be Impracticable. There Must Be A Perpetual Accomodation And Sacrifice Of Local Advantage To General Expediency.

It Is A Singular Capriciousness Of The Human Mind, That After All The Admonitions We Have Had From Experience On This Head, There Should Still Be Found Men, Who Object To The New Constitution For Deviating From A Principle Which Has Been Found The Bane Of The Old.

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.

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

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 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.

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

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

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.

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.

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

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.

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

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

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

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

Representatives

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.

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

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.

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

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.

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.

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

Domestic Violence

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

[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.

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

The 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.

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.

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

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

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.

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.

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

Wisdom Experience

The 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.

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

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.

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

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

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.

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.

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.

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

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 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.

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

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

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

The 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.

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

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

I Go Further, And Affirm That Bills Of Rights, In The Sense And To The Extent In Which They Are Contended For, Are Not Only Unnecessary In The Proposed Constitution, But Would Even Be Dangerous. They Would Contain Various Exceptions To Powers Not Granted; And On This Very Account, Would Afford A Colorable Pretext To Claim More Than Were Granted. For Why Declare That Things Shall Not Be Done Which There Is No Power To Do?

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 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.

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

Democracies Have

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

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.

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

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.

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.

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

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

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.

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.

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 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.

[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 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.

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

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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

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.

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.

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

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

The 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.

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.

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

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

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!

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

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.

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.

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.

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.

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

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 Truth Is That The General Genius Of A Government Is All That Can Be Substantially Relied Upon For Permanent Effects. Particular Provisions, Though Not Altogether Useless, Have Far Less Virtue And Efficacy Than Are Commonly Ascribed To Them; And The Want Of Them Will Never Be With Men Of Sound Discernment A Decisive Objection To Any Plan Which Exhibits The Leading Characters Of A Good Government.

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.

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

To Watch The Progress Of Such Endeavors Is The Office Of A Free Press. To Give Us Early Alarm And Put Us On Our Guard Against Encroachments Of Power. This Then Is A Right Of Utmost Importance, One For Which, Instead Of Yielding It Up, We Ought Rather To Spill Our Blood.

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.

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 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.

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.

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

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

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?

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

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

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

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

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

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

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 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.

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 Civil Jury Is A Valuable Safeguard To Liberty.

Learn To Think Continentally.

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

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

The Loss Of Liberty To A Generous Mind Is Worse Than Death.

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

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.

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.

Nothing Is More Natural To Men In Office, Than To Look With Peculiar Deference Towards That Authority To Which They Owe Their Official Existence.

Hence, In A State Of Nature, No Man Had Any Moral Power To Deprive Another Of His Life, Limbs, Property, Or Liberty; Nor The Least Authority To Command Or Exact Obedience From Him, Except That Which Arose From The Ties Of Consanguinity.

A 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.

The Principal Purposes To Be Answered By Union Are These The Common Defense Of The Members; The Preservation Of The Public Peace As Well Against Internal Convulsions As External Attacks; The Regulation Of Commerce With Other Nations And Between The States; The Superintendence Of Our Intercourse, Political And Commercial, With Foreign Countries.

It Is Far More Rational To Suppose That The Courts Were Designed To Be An Intermediate Body Between The People And The Legislature, In Order, Among Other Things, To Keep The Latter Within The Limits Assigned To Their Authority.

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.

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.

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?

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

[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.

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.

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

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.

I Have A Tender Reliance On The Mercy Of The Almighty, Through The Merits Of The Lord Jesus Christ. I Am A Sinner. I Look To Him For Mercy; Pray For Me.

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.

The Art Of Reading Is To Skip Judiciously.

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

If Duties Are Too High, They Lessen The Consumption; The Collection Is Eluded; And The Product To The Treasury Is Not So Great As When They Are Confined Within Proper And Moderate Bounds. This Forms A Complete Barrier Against Any Material Oppression Of The Citizens By Taxes Of This Class, And Is Itself A Natural Limitation Of The Power Of Imposing Them.

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.

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

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.

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.

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.

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

Even To Observe Neutrality You Must Have A Strong Government.

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

Trending Author

Muhammad Ali Jinnah

Category