be an inferior court in every
state; nor have they recollected that the appeals being with such
exceptions, and under such regulations as Congress shall make, will never
be permitted for trifling sums or under trivial pretences, unless we can
suppose that the national legislature shall be composed of knaves and
fools. The line that separates the powers of the national legislature from
those of the several states is clearly drawn. The several states reserve
every power that can be exercised for the particular use and comfort of
the state. They do not yield a single power which is not absolutely
necessary to the safety and prosperity of the nation, nor one that could
be employed to any effect in the hands of particular states. The powers of
judiciary naturally arise from those of the legislature. Questions that
are of a national concern, and those cases which are determinable by the
general laws of the nation, are to be referred to the national judiciary;
but they have not anything to do with a single case either civil or
criminal which respects the private and particular concerns of a state or
its citizens.
The possibility of keeping regular troops in the public service, has been
urged as another objection against the new constitution. It is very
remarkable that the same objection has not been made against the original
confederation, in which the same grievance obtains without the same
guards. It is now provided, that no appropriation of money for the use of
the army shall be for a longer time than two years. Provision is also made
for having a powerful militia, in which there never can be occasion for
many regular troops.
It has been objected in some of the southern states, that the Congress, by
a majority of votes, is to have the power to regulate trade. It is
universally admitted that Congress ought to have this power, else our
commerce, which is nearly ruined, can never be restored; but some
gentlemen think that the concurrence of two-thirds of the votes in
Congress should have been required. By the sundry regulations of commerce,
it will be in the power of government not only to collect a vast revenue
for the general benefit of the nation, but to secure the carrying trade in
the hands of citizens in preference to strangers. It has been alleged that
there are few ships belonging to the southern states; and that the price
of freight must rise in consequence of our excluding many foreign vessels:
but when we have n
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