ferent states," which
include all kinds of civil causes between those parties. The giving
Congress a power to appoint courts for such a purpose is as much, there
being no stipulation to the contrary, giving them power to legislate for
such causes, as giving them a right to raise an army, is giving them a
right to direct the operations of the army when raised. But it is not left
to implication. The last clause of article I, section 8, expressly gives
them power "to make all laws which shall be needful and proper for
carrying into execution the foregoing powers, and all other powers vested
by this constitution in the government of the United States, or in any
department or officer thereof." It is, therefore, as plain as words can
make it, that they have a right by this proposed form to legislate for all
kinds of causes respecting property between citizens of different states.
That this power extends to all cases between citizens of the same state,
is evident from the sixth article, which declares all continental laws and
treaties to be the _supreme law_ of the land, and that all state judges
are bound thereby, "_anything in the constitution or laws of any state to
the contrary notwithstanding_." If this is not binding the judges of the
separate states in their own office, by continental rules, it is perfect
nonsense.
There is then a complete consolidation of the legislative powers in all
cases respecting property. This power extends to all cases between a state
and citizens of another state. Hence a citizen, possessed of the notes of
another state, may bring his action, and there is no limitation that the
execution shall be levied on the publick property of the state; but the
property of individuals is liable. This is a foundation for endless
confusion and discord. This right to try causes between a state and
citizens of another state, involves in it all criminal causes; and a man
who has accidentally transgressed the laws of another state, must be
transported, with all his witnesses, to a third state, to be tried. He
must be ruined to prove his innocence. These are necessary parts of the
new system, and it will never be complete till they are reduced to
practice. They effectually prove a consolidation of the states, and we
have before shewn the ruinous tendency of such a measure.
By sect. 8 of article I, Congress are to have the unlimited right to
regulate commerce, external and _internal_, and may therefore create
mo
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