liberal, and generous spirit; a spirit of conciliation, of moderation, of candor, and charity; a spirit of friendship, and not a spirit of hostility toward the States; a spirit careful not to exceed, and equally careful not to relinquish, its just powers.  While no interest can or ought to feel itself shut out from the benefits of the Constitution, none should consider those benefits as exclusively its own.  The interests of all must be consulted, and reconciled, and provided for, as far as possible, that all may perceive the benefits of a united government.

Among other things, we are to remember that new States have arisen, possessing already an immense population, spreading and thickening over vast regions which were a wilderness when the Constitution was adopted.  Those States are not, like New York, directly connected with maritime commerce.  They are entirely agricultural, and need markets for consumption; and they need, too, access to those markets.  It is the duty of the government to bring the interests of these new States into the Union, and incorporate them closely in the family compact.  Gentlemen, it is not impracticable to reconcile these various interests, and so to administer the government as to make it useful to all.  It was never easier to administer the government than it is now.  We are beset with none, or with few, of its original difficulties; and it is a time of great general prosperity and happiness.  Shall we admit ourselves incompetent to carry on the government, so as to be satisfactory to the whole country?  Shall we admit that there has so little descended to us of the wisdom and prudence of our fathers?  If the government could be administered in Washington’s time, when it was yet new, when the country was heavily in debt, when foreign relations were in a threatening condition, and when Indian wars pressed on the frontiers, can it not be administered now?  Let us not acknowledge ourselves so unequal to our duties.

Gentlemen, on the occasion referred to by the chair, it became necessary to consider the judicial power, and its proper functions under the Constitution.  In every free and balanced government, this is a most essential and important power.  Indeed, I think it is a remark of Mr. Hume, that the administration of justice seems to be the leading object of institutions of government; that legislatures assemble, that armies are embodied, that both war and peace are made, with a sort of ultimate reference to the proper administration of laws, and the judicial protection of private rights.  The judicial power comes home to every man.  If the legislature passes incorrect or unjust general laws, its members bear the evil as well as others.  But judicature acts on individuals.  It touches every private right, every private interest, and almost every private feeling.  What we possess is hardly fit to be called our own, unless we feel secure in its possession; and this security, this feeling of perfect safety, cannot exist under a wicked, or even under a weak and ignorant, administration of the laws.  There is no happiness, there is no liberty, there is no enjoyment of life, unless a man can say when he rises in the morning, I shall be subject to the decision of no unjust judge to-day.