« PreviousContinue »
peats the acknowledgment of his obligations, not only to the illustrious triumvirate whose combined labours were bestowed on the “ FEDERALIST,” to Chief-justice Marshall, and to Chancellor Kent, but also to Mr. Rawle’s “ View of the Constitution,” and to the elaborate and voluminous “. Commentaries” of the learned, ingenious, and indefatigable Mr. Justice Story. The same observation may be repeated as to the different views taken in this work, as well as in its precursor, from those exhibited in the elementary treatises of the two former; with regard, in the one case, to the supremacy, and, in the other, to the perpetual obligation of the Federal Constitution. On both these important points the author still adheres to principles more favourable, as he believes, to the powers and stability of the National Government. He did not, however, at that time, nor does he now, venture to differ from such eminent jurists, without being supported by the opinions of some of the most distinguished statesmen of the day of different parties—by the author of the celebrated Proclamation of President Jackson against the anti-federal proceedings in South Carolina, and the speeches of Mr. Webster in vindication of its doctrines ; nor without being sanctioned by the judicial authority of the late chief-justice-expressly upon one of the points in question, and virtually upon the other, by his affirmance of principles which it involves, and by which its decision must eventually be governed.
In again referring to the venerated name of Chief
justice MARSHALL, the author can but reiterate his former wish to be “understood, on this and all other occasions, as adopting his individual opinions, not less from deference to their official authority, than from the conviction wrougḥt by the luminous and profound reasonings by which they are elucidated and supported. As this eminent and revered judge has himself declared it auspicious to the Constitution and to the country that the new government found such able advocates and interpreters as the authors of THE FEDERALIST,' so it may be regarded as one of the most signal advantages attending its career, that its principles should have been developed and reduced to practice under a judicial administration so admirably qualified, in every respect, to expound them truly, and firmly to sustain them.” Since this feeble tribute to his wisdom and virtues, this great judicial magistrate has been summoned to the bar of a higher than any earthly tribunal, there to receive, we may be certain, that justice, tempered with mercy, which was the exemplar of his own administration; and to obtain, as we may hope, from the favour of his God, the reward due to his public services and private worth. There needs no monument to perpetuate the memory of his virtues but the record of his services. These, too, may serve as the fairest monument of the great political party of which he was the ornament and the boast. But if to designate the spot of earth consecrated to his remains a tablet be required, let it be as simple and massive as was his mind, and let it be inscribed, “HERE LIES THE LAST OF THE FEDERALISTS.”
Since the period referred to, the statesman to whom the work was dedicated—the last surviving member of that august assembly that formed the Constitution, and sole remaining luminary of that bright constellation of genius and talent, which, in vindicating that instrument from the objections of its first assailants, succeeded in recommending it to the adoption of the people; he who, in discharging the highest duties of its administration, proved the stability and excellence of the Constitution in war as well as in peace, and determined the experiment in favour of Republican institutions and the right of selfgovernment; and, in his retirement, raised a warning voice against heresies in the construction of the national compact, which, for a moment, threatened to overthrow it-has also disappeared from among us, full of years and honours. The enumeration of such services recalls the name of Madison ; and great as were those services, honoured as was that name, the brightest glory that attends them both springs from the association of his genius, his learning, and his labours, with those of his once kindred spirits, HamILTON and Jay. “Vita enim mortuorum, vi unita fortior, in memoria vivorum est posita.”
Morristown, N.J. Ist May, 1843.
.I N A L Y SI S.
Denuition and origin of political Constitutions, as derived,
1. From tradition, or the act of the Government itselt.
by means of the principle of representation, ap-
1. The Legislative.
3. The Judicial.
ment. II. Foundations of representative Governments were laid,
1. Partially, in the British Colonies, in which were established,
1. Royal Governments.
2. Proprietary Governments. 2. Universally, in the American States, upon the estab
lishment of independent Governments, which secured the enjoyment of,
1. The inalienable natural rights of individuals.
designed for maintaining, or substituted as equiva
lents for, natural rights. III. The same fundamental principles were recognised and
adopted upon the establishment of a Federal Government by the people of the several States. 1. In regard to the principle of representation, as applied,
1. To the three great departments of Government. 2. To the individual citizens of the United States,
and to the several States of the Union. 2. In regard to the distribution of the powers of Govern
ment, as the Constitution of the United States contains,