as a good thing by cunning knavery or fanatical zeal; but neither philosophical theory nor fanatical zeal will advocate the uniformity to be produced by the supremacy of congress or the federal court. Solid selfishness, and not moral reasoning; to destroy, and not to nurture our constitutional checks and divisions of power, will be the motive for assailing state rights. No important collision would ever happen between the federal and state governments, if it was referred to the arbitrament of the common good or general interest only. To keep the peace between them, it is only necessary to discern whether they are embroiled by honest patriotism, or by the pretended patriotism of monopoly, speculation, selfishness or ambition. Even churches have been much oftener involved in controversies by fraudulent and pernicious designs, than by honest and intemperate zeal. There was no remedy against such fraudulent arts, except that of preventing the artificers from getting any thing from their occupation, by allowing to these churches the natural right of internal self-government. So, by a sacred adherence to the right of the states to internal self-government, the manufacturers of broils between them and the federal government, would be disabled from getting any thing by the occupation, and then the business will cease. In times of ignorance, mankind have been bitten by a political or religious tarantula, and either cured or made worse by sounds; but now, their knowledge is such, that they can keep both their temper and their honesty with great philosophy in all discussions, which do not involve some exclusive advantage for themselves.

Besides the counterpoise intended by the federal constitution to be established between the federal and state legislatures, two clauses of the constitution seem positively to have renounced the idea of any species of sovereignty or supremacy, by which congress could create or regulate property. It must purchase with the consent of the state legislatures real property, however necessary or convenient in its opinion for the common defence or general welfare. As this consent is necessary to subtract real property from state resources, and subject it to federal legislation, it follows, since the state internal power is the same over both real and personal property, that the latter cannot be subtracted from the state internal power, and transferred to the exclusive legislation of congress, without any state con

sent. Congress may dispose of, and make regulations concerning the property of the United States, implying, very distinctly, that it cannot dispose of, or make regulations concerning the property of individuals, embraced by the states. These, and other specified powers given to congress over persons and property, seem to demonstrate, that it does not possess any unspecified power over them derived from the words "sovereign and "supreme."

Finally, it ought to be observed, that the constitution does not invest the federal court with any jurisdiction, in cases of collision between either the legislative or judicial powers of the state and federal governments; and as such a jurisdiction would be infinitely more important than any other with which it is endowed, the omission is not sufficiently accounted for by saying, either that the case was overlooked, as never likely to happen, or, that though its occurrence was foreseen as extremely probable, this important jurisdiction was bestowed by inference only, whilst cases of jurisdiction comparatively insignificant were minutely expressed. But the omission is well accounted for, if we consider the constitution as having contemplated the state and federal governments as its co-ordinate guardians, designed to check and balance each other; since, having established that primary and important principle by the division of powers between them, it would have been as obvious an inconsistency to have bestowed a power on the federal courts to settle collisions as to their mutual rights, as to have reserved the same supervising power to the state courts.

I hope the reader has perceived the propriety of my endeavours to ascertain the principles of our form of government, as preparatory to a consideration of the supremacy claimed for congress, supposed by the court to justify its decision; and as necessary to enable us to determine, whether the ground it has taken is real or imaginary.

SECTION. 10.

BANK DECISION.-COMMON DEFENCE AND GENE-NECESSARY AND PROPER.

RAL WELFARE.

CONVENIENT.-NATIONAL.

I turn with sorrow from the construction of an entire system, to the science of verbality; from a consistency of meaning, to the artifice of verbalizing a single word, to destroy that consistency; and proceed to examine a mode of managing controversies, into which prejudice, ambition and self-interest continually strive to drag reason. The frippery of precedents, like the tinsel patched upon lord Peter's coat; here a bank, there a road, yonder a canal, bounties for these, their payment for those, now an epaulet of sovereignty, and then another of supremacy, may bespangle our form of government with armorial ensigns of despotism, and yet leave much of its original substance perceivable; but the art of verbalizing single words into a different system, may render the constitution as unintelligible, as a single word would be made by a syllabick dislocation, or a jumble of its letters; and turn it into a reservoir of every meaning for which its expounder may have occasion. I admit that wise and good men may entertain a great respect for the British form of government; and may conscientiously believe, that it would improve the constitution of the United States to draw it by construction towards that model: but yet I contend it would be proceeding too impetuously, to borrow its modes of construction practised in its most oppressive periods, and resisted by its best patriots.

In the time of James the second, all the judges of England (except one) decided that the laws of England were the "king's laws. That it is an inseparable branch of the pre"rogative of the kings of England, as of all other sovereign princes, to dispense with all penal laws in particular cases, "and on particular occasions. That of these reasons and neces

"sity the king is the sole judge. That this is not a trust now "invested in and granted to the present king, but the ancient "remains of the sovereign power of the kings of England, "which was never taken from them, nor can be." Is not this decision a parallel both in language and substance with the decision of the court, and a complete precedent for its defence, except that the mode of construction it adopts is no longer justified in England? The harmony between the words "sove"reignty, particular cases, prerogative, reasons and necessity," used by the English judges, and the words "spherical sove"reignty, supremacy, convenience and necessity," used by the decision, strikes the ear, and settles in the understanding. Prerogative arises out of the king's sovereignty; supremacy out of the spherical sovereignty given to congress. This sovereign power of the kings could not be taken away; that of congress may remove all obstacles to its action. Of particular cases, occasions, reasons and necessity, the king by virtue of his prerogative arising out of his sovereignty, is declared to be the sole judge; of convenience and necessity, congress in virtue of its supremacy, arising out of spherical sovereignty, is declared to be the sole judge. The king may dispense with the penal laws of England; but the decision does not declare that congress may dispense with the constitution. It only invests congress with a spherical sovereignty begetting a supremacy for removing all obstacles to its action, and establishes the premises producing the conclusion, that congress may dispense with the rights reserved to the states. The English judges reasoned illogically, by inferring only from their premises that the king could dispense with penal laws; but the decision of the court, rejecting an error so apparent, does not limit the supreme power of congress, but leaves it co-extensive with the premises asserted. Thus, as the king's sovereignty made the laws of England his laws, so the supremacy of congress makes the constitution of the United States, its constitution.

Though this mode of construction be exploded in England, yet as it is revived here, I shall endeavour to bestow on it the consideration merited by its consequences.

"To provide for the common defence and promote the gene ral welfare," powers are bestowed upon the federal govern