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but a composition of both. In its foundation it is federal, not national; in the sources, from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers it is national, not federal; in the extent of them again it is federal, not national; and, finally, in the authoritative mode of introducing amendments it is neither wholly federal, nor wholly national.1

§ 295. Time has in this, as in many other respects, assuaged the fears, and disproved the prophesies of the opponents of the constitution. It has gained friends in its progress. The states still flourish under it with a salutary and invigorating energy; and its power of direct action upon the people has hitherto proved a common blessing, giving dignity and spirit to the government, adequate to the exigencies of war, and preserving us from domestic dissensions, and unreasonable burthens in times of peace.

§ 296. If the original structure of the government was, as has been shown, a fertile source of opposition, another objection of a more wide and imposing nature was drawn from the nature and extent of its powers. This, indeed, like the former, gave rise to most animated discussions, in which reason was employed to demonstrate the mischiefs of the system, and imagination to portray them in all the exaggerations, which fear and prophesy could invent. Looking back, indeed, to that period with the calmness, with which we naturally

1 The Federalist, No. 39. See also 1 Tucker's Black. App. 145, 146. - The whole reasoning contained in the 39th number of the Federalist (of which the above is merely a summary) deserves a thorough examination by every statesman. See also on the same subject, Dane's App. § 14, p. 25, &c.; § 35, p. 44, &c.; 1 Tucker's Black. Comm. App. 146, &c.; The Federalist, No. 9; 3 Dall. R. 473.

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review events and occurrences, which are now felt only as matters of history, one is surprised at the futility of some of the objections, the absurdity of others, and the overwrought colouring of almost all, which were urged on this head against the constitution. That some of them had a just foundation, need not be denied or concealed; for the system was human, and the result of compromise and conciliation, in which something of the correctness of theory was yielded to the interests or prejudices of particular states, and something of inequality of benefit borne for the common good.

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§ 297. The objections from different quarters were not only of different degrees and magnitude, but often of totally opposite natures. With some persons the mass of the powers was a formidable objection; with others, the distribution of those powers. With some the equality of vote in the senate was exceptionable; with others the inequality of representation in the house. With some the power of regulating the times and places of elections was fatal; with others the power of regulating commerce by a bare majority. With some the power of direct taxation was an intolerable grievance; with others the power of indirect taxation by duties on imports. With some the restraint of the state legislatures from laying duties upon exports and passing ex post facto laws was incorrect; with others the lodging of the executive power in a single magistrate.' With some the term of office of the senators and representatives was too long; with others the term of office of the president was obnoxious to a like censure, as well as his re-eligibility.2 With some the intermixture of

1 2 Amer. Museum, 534, 536, 540; Id. 427, 435; Id. 547, 555. 2 3 Amer. Museum, 62; 2 Pitk. Hist. 283, 284; The Federalist, No. 71, 72.

the legislative, executive, and judicial functions in the senate was a mischievous departure from all ideas of regular government; with others the non-participation of the house of representatives in the same functions was the alarming evil. With some the powers of the president were alarming and dangerous to liberty; with others the participation of the senate in some of those powers. With some the powers of the judiciary were far too extensive; with others the power to make treaties even with the consent of two thirds of the senate. With some the power to keep up a standing army was a sure introduction to despotism; with others the power over the militia.' With some the paramount authority of the constitution, treaties, and laws of the United States was a dangerous feature; with others the small number composing the senate and the house of representatives was an alarming and corrupting evil.2

§ 298. In the glowing language of those times the people were told, "that the new government will not be a confederacy of states, as it ought, but one consolidated government, founded upon the destruction of the several governments of the states. The powers of congress, under the new constitution, are complete and unlimited over the purse and the sword, and are perfectly independent of, and supreme over the state governments, whose intervention in these great points is entirely destroyed. By virtue of their power of taxation, congress may command the whole, or any part of the properties of the people. They may impose what

1 See 2 Amer. Museumn, 422, &c.; Id. 435; Id. 534 ; Id. 540, &c. 543, &c.; Id. 553; 3 Amer. Museum, 62; Id. 157; Id. 419, 420, &c.

2 Many of the objections are summed up in the Federalist, No. 38, with great force and ability.

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imposts upon commerce, they may impose what land taxes, and taxes, excises, and duties on all instruments, and duties on every fine article, that they may judge proper. Congress may monopolize every source of revenue, and thus indirectly demolish the state governments; for without funds they could not exist." "As congress have the control over the time of the appointment of the president, of the senators, and of the representatives of the United States, they may prolong their existence in office for life by postponing the time of their election and appointment from period to period, under various pretences." "When the spirit of the people shall be gradually broken; when the general government shall be firmly established; and when a numerous standing army shall render opposition vain, the congress may complete the system of despotism in renouncing all dependence on the people, by continuing themselves and their children in the government." 1

299. A full examination of the nature and extent of the objections to the several powers given to the general government will more properly find a place, when those powers come successively under review in our commentary on the different parts of the constitution itself. The outline here furnished may serve to show what those were, which were presented against them, as an aggregate or mass. It is not a little remarkable, that some of the most formidable applied with equal force to the articles of confederation, with this difference only, that though unlimited in their terms, they were in some instances checked by the want of power to carry them into effect, otherwise than by requisitions

1 Address of the minority in the Pennsylvania Convention, 2 Amer. Museum, 536, 543, 544, 545. See also the Address of Virginia, 2 Pitk. History, 334.

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on the states. Thus presenting, as has been justly observed, the extraordinary phenomenon of declaring certain powers in the federal government absolutely necessary, and at the same time rendering them absolutely nugatory.1

§300. Another class of objections urged against the constitution was founded upon its deficiencies and omissions. It cannot be denied, that some of the objections on this head were well taken, and that there was a fitness in incorporating some provision on the subject into the fundamental articles of a free government. There were others again, which might fairly enough be left to the legislative discretion and to the natural influences of the popular voice in a republican form of government. There were others again so doubtful, both in principle and policy, that they might properly be excluded from any system aiming at permanence in its securities as well as its foundations.

§301. Among the defects which were enumerated, none attracted more attention, or were urged with more zeal, than the want of a distinct bill of rights, which should recognise the fundamental principles of a free republican government, and the right of the people to the enjoyment of life, liberty, property, and the pursuit of happiness. It was contended, that it was indispensable, that express provision should be made for the trial by jury in civil cases, and in criminal cases upon a presentment by a grand jury only; and that all criminal trials should be public, and the party be confronted with the witnesses against him; that freedom of speech and freedom of the press should be secured; that there should be no national religion, and the rights of con

1 The Federalist, No. 38.

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