license.
Certainly the new government can have no power to impose restraints. The
citizens of the United States have no more occasion for a second
declaration of rights, than they have for a section in favour of the
press. Their rights, in the several states, have long since been explained
and secured by particular declarations, which make a part of their several
constitutions. It is granted, and perfectly understood, that under the
government of the assemblies of the states, and under the government of
the congress, every right is reserved to the individual which he has not
expressly delegated to this, or that legislature. The other objections
that have been made to the new plan of government, are: That it absorbs
the powers of the several states; that the national judiciary is too
extensive; that a standing army is permitted; that congress is allowed to
regulate trade; that the several states are prevented from taxing exports
for their own benefit.
When Gentlemen are pleased to complain, that little power is left in the
hands of the separate states, they should be advised to cast an eye upon
the large code of laws, which have passed in this state since the peace.
Let them consider how few of those laws have been framed for the general
benefit of the nation. Nine out of ten of them are domestic; calculated
for the sole use of this state or of particular citizens. There must still
be use for such laws, though you should enable the congress to collect a
revenue for national purposes; and the collection of that revenue includes
the chief of the new powers, which are now to be committed to the
congress.
Hitherto you have delegated certain powers to the Congress, and other
powers to the Assemblies of the states. The portion that you have
delegated to Congress, is found to have been useless, because it is too
small: and the powers that are committed to the Assemblies of the several
states are also found to be absolutely ineffectual for national purposes,
because they can never be so managed as to operate in concert. Of what use
is that small portion of reserve powers? It neither makes you respectable
nor powerful. The consequence of such reservation is national contempt
abroad, and a state of dangerous weakness at home. What avails the claim
of power, which appears to be nothing better than the empty whistling of a
name? The Congress will be chosen by yourselves, as your members of
Assembly are. They will be creatures of
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