Page:Debates in the Several State Conventions, v3.djvu/234

218 that the general powers conceded by that plan, such as the impost, &c., should be guarded and checked by a bill of rights.

Permit me to examine the reasoning that admits that all powers not given up are reserved. Apply this. If you give to the United States the power of direct taxation, in making all laws necessary to give it operation, (which is a power given by the last clause in the 8th section of the 1st article,) suppose they should be of opinion that the right of the trial by jury was not one of the requisites to carry it into effect; there is no check in this Constitution to prevent the formal abolition of it. There is a general power given to them to make all laws that will enable them to carry their powers into effect. There are no limits pointed out. They are not restrained or controlled from making any law, however oppressive in its operation, which they may think necessary to carry their powers into effect. By this general, unqualified power, they may infringe not only on the trial by jury, but the liberty of the press, and every right that is not expressly secured or excepted from that general power. I conceive that such general powers are very dangerous. Our great unalienable rights ought to be secured from being destroyed by such unlimited powers, either by a bill of rights, or by an express provision in the body of the Constitution. It is immaterial in which of these two modes rights are secured.

I fear I have tired the patience of the committee; I beg, however, the indulgence of making a few more observations. There is a distinction between this government and ancient and modern ones. The division of power in ancient governments, or in any government at present in the world, was founded on different principles from those of this government. What was the object of the distribution of power in Rome? It will not be controverted, that there was a composition or mixture of aristocracy, democracy, and monarchy, each of which had a repellent quality which enabled it to preserve itself from being destroyed by the other two; so that the balance was continually maintained. This is the case in the English government, which has the most similitude to our own. There they have distinct orders in the government, which possess real, efficient repellent qualities. Let us illustrate it. If the commons prevail, may they not vote the king useless? If the king prevails, will not the