bill a fortunate incident. Every State will certainly
concede the power; and this will be a national confirmation
of the grounds of appeal to them, and will settle
for ever the meaning of this phrase, which, by a mere
grammatical quibble, has countenanced the General Government
in a claim of universal power. For in the phrase,
’to lay taxes, to pay the debts and provide
for the general welfare,’ it is a mere question
of syntax, whether the two last infinitives are governed
by the first, or are distinct and co-ordinate powers;
a question unequivocally decided by the exact definition
of powers immediately following. It is fortunate
for another reason, as the States, in conceding the
power, will modify it, either by requiring the federal
ratio of expense in each State, or otherwise, so as
to secure us against its partial exercise. Without
this caution, intrigue, negotiation, and the barter
of votes might become as habitual in Congress, as
they are in those legislatures which have the appointment
of officers, and which, with us, is called ‘logging,’
the term of the farmers for their exchanges of aid
in rolling together the logs of their newly cleared
grounds. Three of our papers have presented us
the copy of an act of the legislature of New York,
which, if it has really passed, will carry us back
to the times of the darkest bigotry and barbarism
to find a parallel. Its purport is, that all those
who shall hereafter join in communion with the religious
sect of Shaking Quakers, shall be deemed civilly dead,
their marriages dissolved, and all their children
and property taken out of their hands. This act
being published nakedly in the papers, without the
usual signatures, or any history of the circumstances
of its passage, I am not without a hope it may have
been a mere abortive attempt. It contrasts singularly
with a cotemporary vote of the Pennsylvania legislature,
who, on a proposition to make the belief in a God
a necessary qualification for office, rejected it
by a great majority, although assuredly there was not
a single atheist in their body. And you remember
to have heard, that, when the act for religious freedom
was before the Virginia Assembly, a motion to insert
the name of Jesus Christ before the phrase, ’the
author of our holy religion,’ which stood in
the bill, was rejected, although that was the creed
of a great majority of them.
I have been charmed to see that a Presidential election now produces scarcely any agitation. On Mr. Madison’s election there was little, on Monroe’s all but none. In Mr. Adams’s time and mine, parties were so nearly balanced as to make the struggle fearful for our peace. But since the decided ascendancy of the republican body, federalism has looked on with silent but unresisting anguish. In the middle, southern, and western States, it is as low as it ever can be; for nature has made some men monarchists and tories by their constitution, and some, of course, there always will be.
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