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1. The Federalist, No. 43; ante, ch. 30.
2. Journal of Convention, p. 228, 310, 312, 365.
3. American Insurance Company v. Canter, 1 Peters's Sup. R. 511, 542. 543; Id. 517, Mr. Justice Johnson's Opinion.
4. American Insurance Company v. Canter, 1 Peters's Sup. R. 511, 542, 543.
5. See ante, § 1260, 1261; 4 Jefferson's Corresp. 523, 525; Hamilton on the Bank of U. S., 1 Hamilton's Works, 121, 127 to 131; Id. 135, 147, 151; Id. 124, 115 Act of Congress, 7th Aug. 1789, ch. 8.
6. American Insurance Company v. Canter, 1 Peters's Sup. R. 511, 546.
7. 1 Tuck. Black. Comm. App. 284.
8. 1 Kent's Comm. Lect. 12, p. 242, 243, Id. Lect. 17, p. 359.
9. Rawle on Const. ch. 27, p. 237; 1 Kent's Comm. Lect. 12, p. 243; Id. Lect. 17, p. 359, 360.
10. Rawle on Const. ch. 27, p. 240; The People v. Godfrey, 17 Johns. R. 225; Commonwealth v. Young, 1 Hall's Journal of Jurisp. 47. -- Sergeant on Const. ch. 31, [ch. 33.] -- Whether the general doctrine in the case of Commonwealth, v. Young, (1 Hall's Journal 47,) can be maintained, in its application to that case, is quite a different question.
11. Among the extraordinary opinions of Mr. Jefferson, in regard to government in general, and especially to the government of the United States, none strikes. the calm observer with more force, than the cool and calculating manner, in which lie surveys the probable occurrence of domestic rebellions. "I am," he says, "not a friend to a very energetic government. It is always oppressive. It places the governors, indeed, more at their ease, at the expense of the people. The late rebellion in Massachusetts (in 1787) has given more alarm, than I think it should have done. Calculate, that one rebellion in thirteen states, in the course of eleven years, is but one for each state, in a century and a half. No country should be so long without one. Nor will any degree of power in the hands of government prevent insurrections." Letter to Mr. Madison, in 1787, 2 Jefferson's Corresp. 276. Is it not surprising, that any statesman should have overlooked the horrible evils, and immense expenses, which are attendant upon every rebellion? The loss of life, the summary exercise of military power, the desolations of the country, and the inordinate expenditures, to which every rebellion must give rise? Is not the great object of every good government to preserve, and perpetuate domestic peace, and the security of property, and the reasonable enjoyment of private rights, and personal liberty? If a state is to be torn into factions, and civil wars, every eleven years, is not the whole Union to become a common sufferer? How, and when are such wars to terminate? Are the insurgents to meet victory or defeat? Has not history established the melancholy truth, that constant wars lead to military dictatorship, and despotism, and are inconsistent with the free spirit of republican governments? If the tranquillity of the Union is to be disturbed every eleventh year by a civil war, what repose can there be for the citizens, in their ordinary pursuits? Will they not soon become tired of a republican government, which invites to such eternal contests, ending in blood, and murder, and rapine? One cannot but feel far more sympathy with the opinion of Mr. Jefferson, in the same letter, in which he expounds the great political maxim, "Educate and inform the whole mass of the people." 9 Jefferson's Corresp. 276.
12. United States v. Barker, 12 Wheat. R. 559.
13. See, among other cases, United States v. Kirkpatrick, 9 Wheat. R. 720; Furrar v. United States, 5 Peters's R. 373; Smith v. United States, 5 Peters's R. 294: United States v. Tingey, 5 Peters's R. 115; United States v. Buford, 3 Peters's R. 12, 30.