Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
as inferior continental, and not state courts, are originally to decide on
those questions, it is now worse than useless, for being so altered as to
render the treaties and laws made under the general government superior to
our constitution, if the system is adopted it will amount to a total and
unconditional surrender to that government, by the citizens of this state,
of every right and privilege secured to them by our constitution, and an
express compact and stipulation with the general government that it may,
at its discretion, make laws in direct violation of those rights. But on
this subject I shall enlarge in a future number.
That I “voted an appeal should lay to the supreme judiciary of the United
States, for the correction of all errors both in law and fact,” in
rendering judgment is most true, and it is equally true that if it had
been so ordained by the Constitution, the supreme judiciary would only
have had an appellate jurisdiction, of the same nature with that possessed
by our high court of appeals, and could not in any respect intermeddle
with any fact decided by a jury; but as the clause now stands, an appeal
being given in general terms from the inferior courts, both as to law and
fact, it not only doth, but is avowedly intended, to give a power very
different from what our court of appeals, or any court of appeals in the
United States or in England enjoys, a power of the most dangerous and
alarming nature, that of setting at nought the verdict of a jury, and
having the same facts which they had determined, without any regard or
respect to their determination, examined and ultimately decided by the
judges themselves, and that by judges immediately appointed by the
government. But the Landholder also says that “I agreed to the clause that
declares nine states to be sufficient to put the government in motion.” I
cannot take to myself the merit even of this without too great a sacrifice
of truth. It was proposed that if seven states agreed that should be
sufficient; by a rule of Convention in filling up blanks, if different
numbers were mentioned, the question was always to be taken on the
highest. It was my opinion, that to agree upon a ratification of the
constitution by any less number than the whole thirteen states, is so
directly repugnant to our present articles of confederation, and the mode
therein prescribed for their alteration, and such a violation of the
compact which the states, in the most solemn manner, have entered into
with each other, that those who could advocate a contrary proposition,
ought never to be confided in, and entrusted in public life. I availed
myself of this rule, and had the question taken on thirteen, which was
rejected. Twelve, eleven, ten and nine were proposed in succession; the
last was adopted by a majority of the members. I voted successively for
each of these members, to prevent a less number being agreed on. Had nine
not been adopted, I should on the same principle have voted for eight. But
Public-domain text, read in full here on John Shaqi.
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