a change of names, it
describes the progress of political changes in other countries. The people
are dazzled with the splendour of distant monarchies, and a desire to
share their glory induces them to sacrifice their domestick happiness.
From this general view of the state of mankind it appears that all the
powers of government originally reside in the body of the people; and that
when they appoint certain persons to administer the government, they
delegate all the powers of government not expressly reserved. Hence it
appears that a constitution does not in itself imply any more than a
declaration of the relation which the different parts of the government
bear to each other, but does not in any degree imply security to the
rights of individuals. This has been the uniform practice. In all doubtful
cases the decision is in favour of the government. It is therefore
impertinent to ask by what right government exercises powers not expressly
delegated. Mr. Wilson, the great oracle of federalism, acknowledges, in
his speech to the Philadelphians,(28) the truth of these remarks, as they
respect the state governments, but attempts to set up a distinction
between them and the continental government. To anybody who will be at the
trouble to read the new system, it is evidently in the same situation as
the state constitutions now possess. It is a compact among the _people_
for the purposes of government, and not a compact between states. It
begins in the name of the people, and not of the states.
It has been shown in the course of this paper, that when people institute
government, they of course delegate all rights not expressly reserved. In
our state constitution the bill of rights consists of thirty articles. It
is evident therefore that the new constitution proposes to delegate
greater powers than are granted to our own government, sanguine as the
person was who denied it. The complaints against the separate governments,
even by the friends of the new plan, are not that they have not power
enough, but that they are disposed to make a bad use of what power they
have. Surely then they reason badly, when they purpose to set up a
government possess'd of much more extensive powers than the present, and
subjected to much smaller checks.
Bills of rights, reserved by authority of the people, are, I believe,
peculiar to America. A careful observance of the abuse practised in other
countries has had its just effect by inducing our pe
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