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Updated: June 20, 2025
But it would be injustice to that writer not to observe, that if he is as much mistaken in the other parts of the Constitution, as in that which relates to the judicial department, the Constitution which he is so earnestly recommending to his countrymen, and on which he is lavishing so liberally his commendations, is a thing of his own creation and totally different from that which is offered for your acceptance.—He has given us an explanation of the original and appellate jurisdiction of the judiciary of the general government, and of the manner in which he supposes it is to operate—an explanation so inconsistent with the intention of its framers, and so different from its true construction and from the effect which it will have, should the system be adopted, that I could scarce restrain my astonishment at the error, although I was in some measure prepared for it, by his previous acknowledgment that he did not very well understand that part of the system; a circumstance I apprehended he did not recollect at the time when he was bestowing upon it his dying benediction.
When the constitution of the United States was framed many compromises were made. The framers had to select words with extreme care lest some State might refuse to join the federation. A notable compromise, and the very first quarrel, was the one just quoted in reference to placing the limitation of the slave trade as far ahead as 1808. The next disagreement was about the war debt.
All these and many other triumphs of civilization, which we see now in objective form, were present in potency at the beginning of this century, though, as we have said, they were not duly taken into account by the framers of the agreement which sought to make Holland and Belgium one flesh.
But on constitutional not less than on other grounds, he pronounces the strongest condemnation on the present formation of the Court of Appeal, which, working in a way which even its framers did not contemplate, has brought so much distress into the Church, and which yet, in defiance of principle, of consistency, and of the admission of its faultiness, is so recklessly maintained.
But policy demands that I should not leave in my rear, so near Paris, a dynasty inimical to my own." Justice and right possess lights of which the cleverest framers of human politics are at times ignorant.
The Convention saw all this clearly; and the resolution which I have quoted, never afterwards rescinded, passed through various modifications, till it finally received the form which the article now bears in the Constitution. It is undeniably true, then, that the framers of the Constitution intended to create a national judicial power, which should be paramount on national subjects.
And it has had this defect that it has permitted a falling away from its intended modes of action, while its letter has been kept sacred. As I have endeavored to show, universal suffrage and democratic action in the Senate were not intended by the framers of the Constitution.
Perhaps, if the inquiry were to be pushed, we might find ourselves shut up to the curious conclusion that the framers of the very earliest liturgies, the authors of the old sacramentaries, were either verbally inspired or else were lacking in the qualifications which alone could fit them to do worthily the work they worthily did, for clearly "experts" they were not.
The one hundred and nine years which have passed since that masterful hour in history have witnessed the addition of thirty-two States to our federal Union, and of seventy millions to our population. And yet, with but few amendments, our great organic law as fully meets the requirements of a self-governing people to-day as when it came from the hands of its framers.
Whether unconsciously or not, the framers of these statutes were themselves striking the hardest blow at the old system of tenure. From 1351 the masters' preferential claim to the villeins of their own manor disappears, or is greatly limited. The State, not the lord, is now regulating labour. Labour itself has passed from being "tied to the soil," and has become fluid.
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