James Iredell

“ Let any man then ask himself, Suppose a law is passed by which I am ruined! Have I interest enough to overturn the government of my country? If I have, we still may be a ruined people, and myself ruined among the rest. ”

“ I have not lived so short a time in the State, nor with so little interest in its concerns, as to forget the extreme anxiety with which all of us were agitated in forming the constitution, a constitution which we considered as the fundamental basis of our government, unalterable, but by the same high power which established it, and therefore to be deliberated on with the greatest caution, because if it contained any evil principle, the government formed under it must be annihilated before the evil could be corrected. ”

“ They are given by a plain man, unambitious of power, but sincerely and warmly interested in the prosperity of his country, feeling every respect for the constitutional authority of the legislature, which, in his opinion, is great enough to satisfy an ambitious, as well as to support the efforts of a public-spirited mind, but a determined enemy on all occasions to arbitrary power, in every shape whatsoever; and reverencing, beyond expression, that constitution by which he holds all that is dear to him in life. ”

“ When we were at liberty to form a government as we thought best, without regard to that or any theoretical principle we did not approve of, we decisively gave our sentiments against it, being willing to run all the risks of a government to be conducted on the principles then laid as the basis of it. The instance was new in the annals of mankind. No people had ever before deliberately met for so great a purpose. Other governments have been established by chance, caprice, or mere brutal force. ”

“ This is not a usurped or a discretionary power, but one inevitably resulting from the constitution of their office, they being judges for the benefit of the whole people, not mere servants of the Assembly And the danger, about which there is so much alarm, attending the exercise of this power is, in my opinion, the least that can be imagined to attend the exercise of any important power whatever. For the judges, besides the natural desire which must be entertained by every man living in a popular government, of securing the favor of the people, are in fact dependent on the Assembly ”

“ We well know how difficult it is to excite the resistance of a whole people, and what a calamitous contingency, at best, this is to be reduced to. But it is a sufficient answer, that nothing can be powerful enough to effect such a purpose in a government like ours, but universal oppression. ”

“ As the question concerning the power of the Assembly deeply concerns every man in the State, I shall make no apology for delivering my sentiments upon it. They are indeed only the sentiments of an obscure elector, but one who, he trusts, has rights that he as much values, though with less ability to defend them, as the proudest member of Assembly whatever. ”

“ Ours, thank God, sprang from the deliberate voice of the people. We provided, or meant to provide (God grant our purpose may not be defeated) , for the security of every individual, as well as a fluctuating majority of the people. ”

“ The people have chosen to be governed under such and such principles. They have not chosen to be governed, or promised to submit upon any other; and the Assembly have no more right to obedience on other terms, than any different power on earth has a right to govern us; for we have as much agreed to be governed by the Turkish Divan as by our own General Assembly, otherwise than on the express terms prescribed. ”

“ It was, of course, to be considered how to impose restrictions on the legislature, that might still leave it free to all useful purposes, but at the same time guard against the abuse of unlimited power, which was not to be trusted, without the most imminent danger, to any man or body of men on earth. ”

“ It may also be observed, that it the judges should be disposed to abuse their power, merely for the sake of the abuse, they have means enough of doing so, for every act of Assembly may occasionally come under their judgment in one shape or other, and those acts may be wilfully misconstrued, as well as the constitution. ”