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"The framers of the old Constitution lived in an atmosphere of autocracy and they could not know, as we do now, the danger of placing in one man's hands such enormous power, and have him so far from the reach of the people, that before they could dispossess him he might, if conditions were favorable, establish a dynasty.
A system liable to such objections can never be supposed to have been sanctioned by the framers of the Constitution when they conferred on Congress the taxing power, and I feel persuaded that a mature examination of the subject will satisfy everyone that there are insurmountable difficulties in the operation of any plan which can be devised of collecting revenue for the purpose of distributing it.
The last assumption taken by the seceding States grows out of the first four, and therefore it becomes a question of vital interest, what did the framers of the Constitution mean? We must remember that while names remain the same, the things which they represent in time go through a radical change.
He had argued the right of a State to dissent from, or nullify, a law passed by the House of Representatives and Senate, making such law inoperative within its borders. His claim was that the framers of the Constitution did not expect or intend that a law could be passed that was binding on a State when the people of that State did not wish it so. Mr.
They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the expressions signified; and hence it is that the clause is so worded as really to authorize the general government to impose a duty of ten dollars on every foreigner who comes into a State to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves.
It was an invention of the opposition to Federalist rule and was not held by the makers of the Constitution themselves. The main concern of the framers was to get power for the National Government, and they went as far as they could with such success that striking instances may be culled from the writings of the Fathers showing that the scope they contemplated has yet to be attained.
We are not to imagine, for instance, that the framers of the Declaration really contemplated the exclusion from political organization of all higher law than that in the "consent of the governed," or the application of the theory, let us say, to a colony composed for the most part of outcasts, murderers, thieves, and prostitutes, or to such states as today exist in the Orient.
Still the protective idea was there; it was recognized in the preamble of the act, and the constitutionality of the policy was affirmed by the framers and contemporaries of the Constitution. Hamilton, of course, watched all these movements intently. His guiding thought in all things was the creation of a great nation.
If the framers of the Constitution meant to create a fourteenth, and yet not to give it power to revise and control the decisions of the existing thirteen, then they only intended to augment the existing evil and the apprehended danger by increasing still further the chances of discordant judgments.
For twenty centuries this taking of stock by governments had been an obsolete practice, until revived by the framers of the American Constitution and made a vital part of that instrument.
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