It is true that several of the States, separately, are encumbered with considerable debts, which are an excrescence of the late war.In such a state of things, this ally of ours would evidently find it much easier, by his bribes and intrigues, to tie up the hands of government from making peace, where two thirds of all the votes were requisite to that object, than where a simple majority would suffice.It was a fundamental maxim of the Lacedaemonian commonwealth, that the post of admiral should not be conferred twice on the same person.Past transactions of the government will be a ready and accurate source of information to new members.
And although this variety of interests, for reasons sufficiently explained in a former paper, may have a salutary influence on the administration of the government when formed, yet every one must be sensible of the contrary influence, which must have been experienced in the task of forming it.As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed.It is said only that the cities were in a manner compelled to receive the same laws and usages.If we attend carefully to geographical and commercial considerations, in conjunction with the habits and prejudices of the different States, we shall be led to conclude that in case of disunion they will most naturally league themselves under two governments.The speculative trader will at once perceive the force of these observations, and will acknowledge that the aggregate balance of the commerce of the United States would bid fair to be much more favorable than that of the thirteen States without union or with partial unions.In the contest with Great Britain, one part of the empire was employed against the other.The national legislature can make use of the SYSTEM OF EACH STATE WITHIN THAT STATE.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 any thing but liberty.As the necessities of the State, nevertheless, must be satisfied in some mode or other, the defect of other resources must throw the principal weight of public burdens on the possessors of land.
In critical emergencies, the States-General are often compelled to overleap their constitutional bounds.A constitution is, in fact, and must be regarded by the judges, as a fundamental law.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.Proofs of this position might be adduced from the examples of the Roman Tribuneship, the Polish Diet, and the States-General of the Netherlands, did not an example at home render foreign precedents unnecessary.
In the first place it is to be remembered that the general government is not to be charged with the whole power of making and administering laws.This branch of trade ought not to be considered as a partial benefit.Such an infatuated policy, such a desperate expedient, might, by the multiplication of petty offices, answer the views of men who possess not qualifications to extend their influence beyond the narrow circles of personal intrigue, but it could never promote the greatness or happiness of the people of America.Such a council would also be more liable to executive influence than the Senate, because they would be fewer in number, and would act less immediately under the public inspection.Let us consult experience, the guide that ought always to be followed whenever it can be found.The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.Perhaps such a plan of constructing the several departments would be less difficult in practice than it may in contemplation appear.
Author: Alexander Hamilton To the People of the State of New York: WE HAVE seen, that an uncontrollable power over the elections to the federal government could not, without hazard, be committed to the State legislatures.The experience of ages, with the continued and combined labors of the most enlightened legislatures and jurists, has been equally unsuccessful in delineating the several objects and limits of different codes of laws and different tribunals of justice.But neither the common nor the statute law of that, or of any other nation, ought to be a standard for the proceedings of this, unless previously made its own by legislative adoption.This, however, like most other things that have been alleged on that side, rests on mere general assertion, unsupported by any precise or intelligible designation of the reasons upon which it is founded.
The remark is verified in private life, and becomes more just, as well as more important, in national transactions.This, it has been said, would constitute the senators their own judges, in every case of a corrupt or perfidious execution of that trust.The jealousy of military establishments would postpone them as long as possible.
I have, on the contrary, endeavored in a former paper to show, that it is one of the principal recommendations of a confederated republic.It is not, however a mere possibility of inconvenience in the exercise of powers, but an immediate constitutional repugnancy that can by implication alienate and extinguish a pre-existing right of sovereignty.This, it has been said, was at all events an acquisition to the Confederacy by compact with a foreign power.
The treaties of the United States, under the present Constitution, are liable to the infractions of thirteen different legislatures, and as many different courts of final jurisdiction, acting under the authority of those legislatures.Considerate men, of every description, ought to prize whatever will tend to beget or fortify that temper in the courts: as no man can be sure that he may not be to-morrow the victim of a spirit of injustice, by which he may be a gainer to-day.It may perhaps be imagined that, from the scantiness of the resources of the country, the necessity of diverting the established funds in the case supposed would exist, though the national government should possess an unrestrained power of taxation.
The Thebans, with others of the cities, undertook to maintain the authority of the Amphictyons, and to avenge the violated god.According to the provisions of most of the constitutions, again, as well as according to the most respectable and received opinions on the subject, the members of the judiciary department are to retain their offices by the firm tenure of good behavior.An exact equality of suffrage between the members has also been insisted upon as a leading feature of a confederate government.The principle of this objection would condemn a practice, which is to be seen in all the State governments, if not in all the governments with which we are acquainted: I mean that of rendering those who hold offices during pleasure, dependent on the pleasure of those who appoint them.
The other consideration is, that as the Vice-President may occasionally become a substitute for the President, in the supreme executive magistracy, all the reasons which recommend the mode of election prescribed for the one, apply with great if not with equal force to the manner of appointing the other.Its inevitable tendency, whenever it is brought into activity, must be to enfeeble the Union, and sow the seeds of discord and contention between the federal head and its members, and between the members themselves.Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union.If each State may choose its own time of election, it is possible there may be at least as many different periods as there are months in the year.
What farmer or manufacturer will lay himself out for the encouragement given to any particular cultivation or establishment, when he can have no assurance that his preparatory labors and advances will not render him a victim to an inconstant government.Shall the Union be constituted the guardian of the common safety.It afterwards divides the jurisdiction of the Supreme Court into original and appellate, but gives no definition of that of the subordinate courts.Neither the pride nor the safety of the more important States or confederacies would permit them long to submit to this mortifying and adventitious superiority.In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out.
The loans it might be able to procure would be as limited in their extent as burdensome in their conditions.The opponents of the plan proposed have, with great assiduity, cited and circulated the observations of Montesquieu on the necessity of a contracted territory for a republican government.The members retained the character of independent and sovereign states, and had equal votes in the federal council.ⓘ This sentence is not a translation of the original. joindre le geste à la parole loc v locution verbale:. Where is located the Statue of Liberty? [sic].This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public.