Lives of Illustrious Men of America

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 edition. Excerpt: ...exclude the local authorities whenever they can be subordinately useful. As the groundwork, he proposes that a change be made in fife Principle of representation, and thinks there would be no greiflt dlflieulty in effecting it. Next, that, in addition to the present federal powers, the national government should be armed with positive and complete authority in all cases which require uniformity; such as regulation of trade, including the right of taxing both imports and ex-' ports, the fixing the terms and forms of naturalization, etc. Over and above this positive power, a negative in all cases whatever on the legislative acts of the States, as heretofore exercised by the kingly prerogative, appears to him absolutely necessary, and to be the least possible encroachment on the state jurisdictions. Witho11t this defensive power, he conceives that every positive law which can be given on paper, will be evaded. This control over the laws would prevent the internal vicissitudes of state policy, and the aggressions of interested majorities. The national supremacy ought also to be extended, he thinks, to the judiciary departments; the oaths of the judges should at least include a fidelity to the general, as well as local Constitution; and that an appeal should be to some national tribunals in all cases to which foreigners or inhabitants of other States may be parties. The admiralty jurisdiction to fall entirely within the purview of the national government. The national supremacy, in the executive departments, is liable to some diifieulty, unless the ofiicers administering them could be made appointable by the supreme government. The militlfl ought entirely to be placed, in some form or other, ...