ur institutions and
the limited nature of our government; a government that is respected from
principles of affection, and obeyed with alacrity. The sovereigns of the
old world are frequently, though surrounded with armies, treated with
insult; and the despotick monarchies of the east, are the most
fluctuating, oppressive and uncertain governments of any form hitherto
invented. These considerations are sufficient to establish the excellence
of our own form, and the goodness of our prospects.
Let us now consider the probable effects of a consolidation of the
separate states into one mass; for the new system extends so far. Many
ingenious explanations have been given of it; but there is this defect,
that they are drawn from maxims of the common law, while the system itself
cannot be bound by any such maxims. A legislative assembly has an inherent
right to alter the common law, and to abolish any of its principles, which
are not particularly guarded in the constitution. Any system therefore
which appoints a legislature, without any reservation of the rights of
individuals, surrenders all power in every branch of legislation to the
government. The universal practice of every government proves the justness
of this remark; for in every doubtful case it is an established rule to
decide in favour of authority. The new system is, therefore, in one
respect at least, essentially inferior to our state constitutions. There
is no bill of rights, and consequently a continental law may controul any
of those principles, which we consider at present as sacred; while not one
of those points, in which it is said that the separate governments
misapply their power, is guarded. Tender acts and the coinage of money
stand on the same footing of a consolidation of power. It is a mere
fallacy, invented by the deceptive powers of Mr. Wilson, that what rights
are not given are reserved. The contrary has already been shewn. But to
put this matter of legislation out of all doubt, let us compare together
some parts of the book; for being an independent system, this is the only
way to ascertain its meaning.
In article III, section 2, it is declared, that "the judicial power shall
extend to all cases in law and equity arising under this constitution, the
laws of the United States, and treaties made or which shall be made under
their authority." Among the cases arising under this new constitution are
reckoned, "all controversies between citizens of dif
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