Page:The Records of the Federal Convention of 1787 Volume 3.djvu/210

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be improper to deprive the Congress of that power; that it would be a novelty unprecedented to establish a government which should not have such authority; that it was impossible to look forward into futurity so far as to decide, that events might not happen, that should render the exercise of such a power absolutely necessary; and that we doubted, whether, if a war should take place, it would be possible for this country to defend itself, without having recourse to paper credit, in which case, there would be a necessity of becoming a prey to our enemies, or violating the constitution of our government; and that, considering the administration of the government would be principally in the hands of the wealthy, there could be little reason to fear an abuse of the power, by an unnecessary or injurious exercise of it. But, Sir, a majority of the convention, being wise beyond every event, and being willing to risk any political evil, rather than admit the idea of a paper emission, in any possible event, refused to trust this authority to a government, to which they were lavishing the must unlimited powers of taxation, and to the mercy of which they were willing blindly to trust the liberty and property of the citizens of every State in the Union; and they erased that clause from the system. Among other powers given to this government in the eighth section, it has that of appointing tribunals inferior to the Supreme Court. To this power there was an opposition. It was urged, that there was no occasion for inferior courts of the general government to be appointed in the different States, and that such ought not to be admitted—That the different State judiciaries in the respective States would be competent to, and sufficient for, the cognizance, in the first instance, of all cases that should arise under the laws of the general government, which, being by this system made the supreme law of the States, would be binding on the different State judiciaries—That, by giving an appeal to the Supreme Court of the United States, the general government would have a sufficient check over their decisions, and security for the enforcing of their laws—That to have inferior courts appointed under the authority of Congress in the different States, would eventually absorb and swallow up the State judiciaries, by drawing all business from them to the courts of the general government, which the extensive and undefined powers, legislative and judicial, of which it is possessed, would easily enable it to do—That it would unduly and dangerously increase the weight and influence of Congress in the several States, be productive of a prodigious number of officers, and be attended with an enormous additional and unnecessary expense—That the judiciaries of the respective States, not having power to decide upon the laws of the general government, but the determina-