Upon this statement of facts and principles, (for the truth and reality of which, I appeal [13] to every candid man,) I beg leave to remark,
1. That the federal Convention, in the constitution proposed to us, have exerted their utmost to produce a Congress worthy of the public confidence, who shall have abilities adequate to their important duty, and shall act under every possible inducement to execute it faithfully.
2. That this affords every chance which the nature of the thing will admit, of a wise and upright administration.
3. Yet all this notwithstanding, ’tis very possible that Congress may err, may abuse, or misapply their powers, which no precaution of human wisdom can prevent.
4. ’Tis vain, ’tis childish, ’tis contentious to object to a constitution thus framed and guarded, on pretence that the commonwealth may suffer by a bad administration of it; or to withhold the necessary powers of government, from the supreme rulers of it, least they should abuse or misapply those powers. This is an objection which will operate with equal force against every institution that can be made in this world, whether of policy, religion, commerce, or any other human concern, which can require regulations: for ’tis not possible to form any institution however necessary, wise and good, whose uses may not be lessened or destroyed by bad management.
If Brutus, or any body else, can point out [14] any checks, cautions, or regulations, which have been hitherto omitted, which will make Congress more wise, more capable, more diligent, or more faithful, I am willing to attend to them. But to set Congress at the head of the government, and object to their being vested with full and sufficient power to manage all the great departments of it, appears to me absurd, quite wild, and chimerical: it would produce a plan which would destroy itself as it went along, would be a sort of counter position of contrary parts, and render it impossible for rulers to render those services, and secure those benefits to the States, which are the only great ends of their appointment.
The constitution under Brutus’s corrections would stand thus, viz. Congress would have power to raise money, but must not direct the quantity, or mode of levying it; they might raise armies, but must not judge to the number of soldiers necessary, or direct their destination; they ought to provide for the general welfare, but must not be judges of what that welfare consists in, or in what manner ’tis to be provided for; they might controul the several States, for defined national purposes, but must not be judges of what purposes would come within that definition, &c.
Any body with half an eye, may see what sort of administration the constitution, thus corrected, would produce, e. g. it would [15] require much greater trouble to leave the work undone, than would be necessary to get it well done, under a constitution of sufficient powers. If any one wishes to view more minutely this blessed operation, he may see a lively sample of it, in the last seven years practice of our federal government.
5. Brutus all along sounds his objections, and fears on extreme cases of abuse or misapplication of supreme powers, which may possibly happen, under the administration of a wild, weak, or wicked Congress; but ’tis easy to observe that all institutions are liable to extremes, but ought not to be judged by them; they do not often appear, and perhaps never may; but if they should happen in the cases supposed, (which God forbid) there is a remedy pointed out, in the Constitution itself.
’Tis not supposeable that such abuses could arise to any ruinous height, before they would affect the States so much, that at least two-thirds of them would unite in pursuing a remedy in the mode prescribed by the Constitution, which will always be liable to amendment, whenever any mischiefs or abuses appear in the government, which the Constitution in its present state, can’t reach and correct.