Page:Debates in the Several State Conventions, v2.djvu/354

338 the indulgence of the committee, while I make a few recapitulatory and supplementary remarks.

Sir, I yesterday expressed my fears that this clause would tend to annihilate the state governments. I also observed, that the powers granted by it were indefinite, since the Congress are authorized to provide for the common defence and general welfare, and to pass all laws necessary for the attainment of those important objects. The legislature is the highest power in a government. Whatever they judge necessary for the proper administration of the powers lodged in them, they may execute without any check or impediment. Now, if the Congress should judge it a proper provision, for the common defence and general welfare, that the state governments should be essentially destroyed, what, in the name of common sense, will prevent them? Are they not constitutionally authorized to pass such laws? Are not the terms, common defence and general welfare, indefinite, undefinable terms? What checks have the state governments against such encroachments? Why, they appoint the senators once in six years. So do the electors of Germany appoint their emperor. And what restraint have they against tyranny in their head? Do they rely on any thing but arms, the ultima ratio? And to this most undesirable point must the states recur, in order to secure their rights. But have they the means necessary for the purpose? Are they not deprived of the command of the purse and the sword of their citizens? Is not the power, both over taxation and the militia, wrested from their hands by this Constitution, and bestowed upon the general government? Yes, sir, it is. But it may be said (I expect to be answered) that the states have concurrent jurisdiction with Congress, as to taxation. I answer, that the Constitution does not say so: it is a mere opinion, a mere construction, a thing of too much uncertainty to risk the rights of the states upon, which I have heard, with peculiar pleasure, an honorable gentleman from New York acknowledge to be of great utility to the people. The Constitution grants the power of taxation to Congress, but is silent with regard to the power in the states. If it is inferred from this that, it is not taken away from the states, we may, sir, with equal justice, deduce, from the positive establishment of the trial by jury in criminal cases, that it is annihilated in civil. Ingenious men may assign ingenious