Their courts are not to intermeddle with your internal policy, and will
have cognizance only of those subjects which are placed under the control
of a national legislature. It is as necessary there should be courts of
law and executive officers, to carry into effect the laws of the nation,
as that there be courts and officers to execute the laws made by your
state assemblies. There are many reasons why their decisions ought not to
be left to courts instituted by particular states.
A perfect uniformity must be observed thro' the whole union, or jealousy
and unrighteousness will take place; and for a uniformity one judiciary
must pervade the whole. The inhabitants of one state will not have
confidence in judges appointed by the legislature of another state, in
which they have no voice. Judges who owe their appointment and support to
one state, will be unduly influenced, and not reverence the laws of the
union. It will at any time be in the power of the smallest state, by
interdicting their own judiciary, to defeat the measures, defraud the
revenue, and annul the most sacred laws of the whole empire. A legislative
power, without a judicial and executive under their own control, is in the
nature of things a nullity. Congress under the old confederation had power
to ordain and resolve, but having no judicial or executive of their own,
their most solemn resolves were totally disregarded. The little state of
Rhode Island was purposely left by Heaven to its present madness, for a
general conviction in the other states, that such a system as is now
proposed is our only preservation from ruin. What respect can any one
think would be paid to national laws, by judicial and executive officers
who are amenable only to the present assembly of Rhode Island? The
rebellion of Shays and the present measures of Rhode Island ought to
convince us that a national legislature, judiciary and executive, must be
united, or the whole is but a name; and that we must have these, or soon
be hewers of wood and drawers of water for all other people.
In all these matters and powers given to Congress, their ordinances must
be the supreme law of the land, or they are nothing. They must have
authority to enact any laws for executing their own powers, or those
powers will be evaded by the artful and unjust, and the dishonest trader
will defraud the public of its revenue. As we have every reason to think
this system was honestly planned, we ought to hop
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