Page:Sketches of the life and character of Patrick Henry.djvu/310

 ^86 SKETCHES OF THE

under the lash of martial law, would in the first in- stance, produce an effect extremely inimical to the peace and harmony of the union; and in the next, ha- rass the agricultural body of the people so much, as to reconcile them, as a less evil to that curse of nations, and bane of freedom, a standing army: — and secondly, tliis power w as opposed, on the ground, that congress, under the boundless charter of constructive power which it possessed, might transfer to the president the powder of calling forth the militia, and thus enable him to disarm all opposition to his schemes.

V. The several clauses providing for the federal judi- ciary were objected to, on the ground of the clashing jurisdictions of the state and federal courts; and second- ly, because infinite power was given to congress to mul- tiply inferior federal courts, at pleasure: a power which they would not fail to exercise, in order to swell the patronage of the president, to their oivn emolument; and thus enable him to reward their devotion to his views, by bestowing on them and their dependents, those offi- ces which they had themselves created.

VI. It w as contended that the trial by jury was gone in civil cases, by that clause which gives to the supreme court appellate power over the law and the fact in every case: and which thereby enabled that tribunal to anni- hilate both the verdict and judgment of the inferior courts: and that in criminal (:ases also, the trial by jury was worse than gone, because it was admitted, that the common law which alone gave the challenge for favour would not be in force, as to the federal courts: and hence, a juiy might, in every instance, be packed to suit the purposes of the prosecution.

VII. The authority of the president to take the com- ms^nd of the armies of the United States, in person, was

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