"Art. 5th. No foldier fhall, in time of peace, be quartered in any houfe without the confent of the owner, nor in time of war, but in a manner to be prefcribed by law. “Art, 6th. The right of the people to be fecure in their perfons, houses, papers, and effects, against unreafonable fearches and feizures, fhall not be violated; and no warrants fhall issue, but upon probable cause, fupported by oath or affirmation, and particularly defcribing the place to be searched, and the perfon or things to be feized.. Art. 7th. No perfon fhall be held to answer for a capital or otherwise infamous crime, unless on a prefentment or indictment of a grand jury, except in cafes áriting in the land or naval forces, or in the militia, when in actual fervice, in time of war or public danger; nor fhall be tried twice for the fame offence; nor fhall be compelled in any criminal cafe to be a witness against himself; nor be deprived of life, liberty, or property, without due procefs of law; nor fhall private property be taken for public ufe, without just compenfation. Art. 8th. In all criminal profecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime fhall have been committed, which diftrict fhall have been previously afcertained by law; and to be informed of the nature and caufe of the accufation; to be confronted with the witneffes against him; to have compulsory process for obtaining witneffes in his fa vour; and to have the affiftance of counsel for his defence. Art. 9th. In fuits at common law, where the value in controverfy fhall exceed twenty dollars, the right of trial by jury fhall be preserved; and no fact tried by a jury fhall be otherwise reexamined in any court of the United States, than according to the rules of the common law. "Art. 10th. Exceffive bail fhall not be required, nor exceffive fines impofed, nor cruel and unusual punishments inflicted. Art. 11th. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people. "Art. 12th. The powers not delegated to the United States by the constitution, nor prohibited by it to the ftates, are referved to the states refpectively, or to the people," The two firft of these twelve articles did not receive the ratification required by law. The other ten being ratified, make part of the confti tution. X 2 GENERAL GENERAL OBSERVATIONS ON THE CONSTITU- It is not my defign here to enter into a minute examination of the merits of the conftitution of the United States. The information I have gathered as to the fituation of affairs, and the temper of parties, at the period of its adoption, induces me to believe that it is the best which could at that time be carried into execution. I fhall confine myfelf to fpeak of its principal and inherent defect; which I regard as an obftacle to the public welfare in any conftitution where it is found. I confefs there is fome degree of boldnefs in fpeaking thus freely on this topic; for what I confider to be a fundamental defect in the conftitution of the United States, is viewed almost every American as its most valuable quality. I am alluding to the federal form of the government. I admit the conception to be of a fublime nature, and calculated to delight in theory. Sovereign ftates ceding to a general government part of their authority, for the public benefit, presents, in a more fascinating way than ordinary, the image of men, united in fociety, making a facrifice of a portion of their rights and liberties for the secure enjoyment of the rest, and for the general profperity; but experience will fhew fhew this scheme, pleasing as it is to the imagi nation, illufory, and incapable of execution. The propenfities of governments have a power, of a nature and extent very different from that of individuals; their apparent motives are much more plausible; and the fuppreffion of them by force is much less prompt, and lefs cafy in the execution, than that of the paflions of individuals meanwhile they inherently oppofe themselves to the advantages that form the object of the compact, which is the general welfare of the union. Without pursuing the difcuffion of the principles and refults of a federal government, I will give two ftriking examples of its ferious evils in the United States. In 1787, the old congrefs, defiring to fettle the claims of the different ftates upon the general government, paffed a law, on the 7th of May, providing, that five commiffioners should be fent fucceffively into all the ftates, to receive the accounts of each, for fums expended by them during the war, for the fervice of the Union, in virtue of orders of congrefs, or without fuch orders, where proofs of the expenditure fo applied could be given. The commiffioners were to examine the feveral claims; to ftrike the balance of each; returns of which balances they were to make to the treasurer of the Union, accompanied with the feveral documents, for which they were to give acknowledgments to the ftates to which they re fpectively belonged; and alfo with their remarks on the nature and validity of fuch documents; and the law enjoined the different states to furnish fuch documents and titles to the commif fioners within the space of fix months, to be by them transmitted to the treafury in the current year. It further provided, that, when the above returns fhould be made, the congrefs fhould name three other commiffioners to examine all ac counts and documents, and finally to ftrike balances of the feveral claims; acting on the opinion of the first commiffioners as to the validity of the documents, where fuch were produced, and on the principles of equity, where claims were made for expences in the war not previously authorised by orders of congrefs. This law declared the decifions of the majority of the three commiffioners to be conclufiye, and not fubject to appeal; and it finally enjoined the commiffoners to compleat the decifion of all fuch claims within eight months. At the expiration of that term, these claims ftill remained unfettled, the public mind being occupied by the presentation and adoption of the new conftitution, A law was therefore |