gether they may make laws enslaving each and every individual who has contributed to place them in power, or any other people, who have had no hand in placing them there? and that the liberty of which he speaks consists only in preventing foreigners from having any control over their dominions? and that, while they may lay ruthless hands on such individuals as they may choose, and make them even plantation slaves, to satisfy their lust for power, they must say to the powers afar off, "presume not to come near, touch not mine anointed, think not of invading our territory, our rights of government, for, if you do, we will bring the whole forces of our government to bear against you?" Are these the purposes of government? Are these the purposes for which the government of the United States was formed? Or was it not rather that the individual, in his private relations, in his every-day employments, in his search after wealth, happiness, religion, should be secure in his person? should have the whole power of the state put in requisition to save him from having his rights encroached upon, either by any other individual, by the government, or by foreign powers? Was not this, is not this, the whole object of this government? Is not this the basis, the proper, the only basis, on which the civil liberty of the state can rest? Is there any other foundation? If the individual is not to be defended in his lawful employments, wherein lays his security; wherein has he any civil rights? If he encroaches not on the peace and rights of

others, is he not to receive the protection of the state? Is he not to look to it to guard him from foes around? If not so, of what use is the habeas corpus? of what use are our courts of justice? of what avail is all our apparatus to carry on our internal police? If we rightly judge, it is for the protection of the individual, and that for his protection all just governments are formed, whether danger arises from external or internal foes; and, if he is not protected, either the government is founded in fraud, or it is of no use. And if it was not for the protection of the individual, and the better to secure the advantages of the combined action of all the people of the country, to secure to each and every individual those inalienable rights which we as a community avowed when we established our independence, then was this government founded in fraud, let the declaration of the individuals who proposed and advocated it be what it may. But, until it can be proved that any class of people was excluded, we must suppose a majority of our people included all within our borders who were to receive protection from the state.

Mr. Madison, speaking of the objection drawn from the extent of the country, and that the people did not blindly follow any other nation in their form of government, but were ready to adopt such measures as "their own good sense, and the knowledge of their situation, and the lessons of their own experience, taught them," said,

"Happily for America, happily, we trust, for the whole human race, they pursued a new and more noble

course. They accomplished a revolution which has no parallel in the annals of human society. They reared the fabric of governments which have no model on the face of the globe. They formed the design of a great confederacy, which it is incumbent on their successors to improve and perpetuate. If their works betray imperfections, we wonder at the fewness of them. If they erred most in the structure of the Union, this was the work most difficult to be executed; this is the work which has been new-modeled by the act of your convention, and it is that act on which you are now to deliberate and to decide."

Mr. Hamilton, speaking of the defects in the Confederation, in relation to the principle of legislation for the States in their collective capacity, after alluding to the dangers that might arise to them by "rivalship," "intrigues of foreign nations," &c. said,

66

But, if we are unwilling to be placed in this perilous situation, if we still adhere to the design of a national government, or, which is the same thing, of a superintending power, under the direction of a common council, we must resolve to incorporate into our plan those ingredients which may be considered as characteristic difference between a league and a government; we must extend the authority of the union to the persons of the citizens, the only proper objects of government.

Mr. Madison, speaking of the conformity of the plan to republican principles, observes,

-

"The first question that offers itself is, whether the general form and aspect of the government is strictly

1 Federalist, p. 77.

2 Federalist, p. 82.

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republican? It is evident, no other form would be reconcilable with the genius of the people of America, with the fundamental principles of the Revolution, or with that honorable determination which animated every votary of freedom to rest all of our political experiments on the capacity of mankind for self-government. If the plan of the convention, therefore, be found to depart from the republican character, its advocates must abandon it as no longer defensible."

After asking the question, what is a republican government? and alluding to a number of governments which were called republics, but were not really so in fact, he said,—

"It is essential to such a government, that it be derived from the great body of society, - not from any inconsiderable proportion, or a favored class of it; otherwise, a handful of tyrannical nobles, exercising their oppression by a delegation of their powers, might aspire to the rank of republicans, and claim for their government the honorable title of republic;" and that “it is sufficient for such a government, that the persons administering be appointed, either by the people or their representatives; and that they hold their offices, either during pleasure, for a limited time, or during good behavior."

He then compares the standard here set up, and he thinks it conforms to it.

Speaking of the powers with which the Union. would be invested, he says,

"It were doubtless to be wished that the power to prohibit the importation of slaves had not been postponed until the year 1808, or rather that it had not been suf

' Federalist, p. 210.

fered to have immediate operation. But it is not difficult to account, either for this restriction on the general government, or for the manner in which the whole clause is expressed. It ought to be considered a great point gained in favor of humanity, that a period of twenty years may terminate forever, within these States, a traffic which has so long and loudly upbraided the barbarism of modern policy; that within that period it will receive a considerable discouragement from the federal government, and may be totally abolished by a concurrence of the few States which continue the unnatural traffic, in the prohibitory example which has been given by so great a majority of the Union. Happy would it be for the unfortunate Africans, if an equal prospect lay before them of being redeemed from the oppression of their European brethren." 1

This, probably, is Mr. Madison's real view of slavery and its attendant trade. What he may have afterwards said in the convention of Virginia, we should be rather inclined to think, arose from the fear of what might be the political effect, if he laid open to view, in too palpable a manner, the effect that the Constitution might have on the system of slavery, when he found so much opposition of a certain class of the delegates in that convention. For we find that he here supposed that, in the prohibitory steps taken by so great a majority of the people of the Union, the few States - that is, Georgia and South Carolina - would finally acquiesce in those steps, and that he supposed it would be happy for the Africans, if they

1 Federalist, p. 235.