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
By article 3, section 2, Congress are empowered to appoint courts with
authority to try civil causes of every kind, and even offences against
particular states. By the last clause of Article 1, section 8, which
defines their legislative powers, they are authorised to make laws for
carrying into execution all the “powers vested by this constitution in the
government of the United States, or in _any department_ or officer
thereof;” and by article 6, the judges in every state are to be bound by
the laws of Congress. It is therefore a complete consolidation of all the
states into one, however diverse the parts of it may be. It is also shewn
that it will operate unequally in the different states, taking from some
of them a greater share of wealth; that in this last respect it will
operate more to the injury of this commonwealth than of any state in the
union; and that by reason of its inequality it is subversive of the
principles of a free government, which requires every part to contribute
an equal proportion. For all these reasons this system ought to be
rejected, even if no better plan was proposed in the room of it. In case
of a rejection we must remain as we are, with trade extending, resources
opening, settlements enlarging, manufactures increasing, and publick debts
diminishing by fair payment. These are mighty blessings, and not to be
lost by the hasty adoption of a new system. But great as these benefits
are, which we derive from our present system, it has been shewn, that they
may be increased by giving Congress a limited power to regulate trade, and
assigning to them those branches of the impost on our foreign trade only,
which shall be equal to our proportion of their present annual demands.
While the interest is thus provided for, the sale of our lands in a very
few years will pay the principal, and the other resources of the state
will pay our own debt. The present mode of assessing the continental tax
is regulated by the extent of landed property in each state. By this rule
the Massachusetts [sic] has to pay one eighth. If we adopt the new system,
we shall surrender the whole of our impost and excise, which probably
amount to a third of those duties of the whole continent, and must come in
for about a sixth part of the remaining debt. By this means we shall be
deprived of the benefit arising from the largeness of our loans to the
continent, shall lose our ability to satisfy the just demands on the
state. Under the limitations of revenue and commercial regulation
contained in these papers, the balance will be largely in our favour; the
importance of the great states will be preserved, and the publick
creditors both of the continent and state will be satisfied without
burdening the people. For a more concise view of my proposal, I have
thrown it into the form of a resolve, supposed to be passed by the
convention which is shortly to set in this town.
Public-domain text, read in full here on John Shaqi.
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