John Jay

“ There will be no jury to stand between the Judges, who are to pronounce the sentence of the law, and the party who is to receive or suffer it. The awful discretion which a Court of Impeachments must necessarily have, to doom to honor or to infamy the most confidential and the most distinguished characters of the community, forbids the commitment of the trust to a small number of persons.
These considerations seem alone sufficient to authorize a conclusion, that the Supreme Court would have been an improper substitute for the Senate, as a Court of Impeachments. ”

“ The number of wars which have happened or will happen in the world, will always be found to be in proportion to the number and weight of the causes, whether real or pretended, which provoke or invite them. If this remark be just, it becomes useful to inquire, whether so many just causes of war are likely to be given by United America as by disunited America; for if it should turn out that United America will probably give the fewest, then it will follow, that in this respect the Union tends most to preserve the people in a state of peace with other nations. ”

“ Independent of those local circumstances which tend to beget and increase power in one part, and to impede its progress in another, we must advert to the effects of that superior policy and good management which would probably distinguish the Government of one above the rest, and by which their relative equality in strength and consideration, would be destroyed. For it cannot be presumed that the same degree of sound policy, prudence, and foresight, would uniformly be observed by each of these confederacies, for a long succession of years. ”

“ An entire and perfect Union will be the solid foundation of lasting peace: It will secure your religion, liberty, and property, remove the animosities amongst yourselves, and the jealousies and differences betwixt our two kingdoms. It must increase your strength, riches, and trade ”

“ But the safety of the People of America against dangers from foreign force, depends not only on their forbearing to give just causes of war to other nations, but also on their placing and continuing themselves in such a situation as not to invite hostility or insult; for it need not be observed that there are pretended as well as just causes of war.
It is too true, however disgraceful it may be to human nature, that nations in general will make war whenever they have a prospect of getting anything by it ”

“ Let England have its navigation and fleet—Let Scotland have its navigation and fleet—Let Wales have its navigation and fleet—Let Ireland have its navigation and fleet—Let those four of the constituent parts of the British empire be under four independent Governments, and it is easy to perceive how soon they would each dwindle into comparative insignificance. ”

“ But not only fewer just causes of war will be given by the national Government, but it will also be more in their power to accommodate and settle them amicably. They will be more temperate and cool, and in that respect, as well as in others, will be more in capacity to act advisedly than the offending State. The pride of States, as well as of men, naturally disposes them to justify all their actions, and opposes their acknowledging, correcting, or repairing their errors and offenses. ”

“ One Government can collect and avail itself of the talents and experience of the ablest men, in whatever part of the Union they may be found. It can move on uniform principles of policy. It can harmonize, assimilate, and protect the several parts and members, and extend the benefit of its foresight and precautions to each. In the formation of treaties it will regard the interest of the whole, and the particular interests of the parts as connected with that of the whole. ”

“ IT is not a new observation that the people of any country (if, like the Americans, intelligent and well-informed,) seldom adopt, and steadily persevere for many years in, an erroneous opinion respecting their interests. That consideration naturally tends to create great respect for the high opinion which the people of America have so long and uniformly entertained of the importance of their continuing firmly united under one Fœderal Government, vested with sufficient powers for all general and national purposes. ”

“ Would there be no danger of their being flattered into neutrality by specious promises, or seduced by a too great fondness for peace to decline hazarding their tranquillity and present safety for the sake of neighbors, of whom perhaps they have been jealous, and whose importance they are content to see diminished? ”

“ Nay it is far more probable that in America, as in Europe, neighboring nations, acting under the impulse of opposite interests and unfriendly passions, would frequently be found taking different sides. Considering our distance from Europe, it would be more natural for these confederacies to apprehend danger from one another, than from distant nations, and therefore that each of them should be more desirous to guard against the others, by the aid of foreign alliances, than to guard against foreign dangers by alliances between themselves. ”

“ Although it seems obvious to common sense, that the people of such an island should be but one nation, yet we find that they were for ages divided into three, and that those three were almost constantly embroiled in quarrels and wars with one another. Notwithstanding their true interest, with respect to the continental nations, was really the same, yet by the arts and policy and practices of those nations, their mutual jealousies were perpetually kept inflamed, and for a long series of years they were far more inconvenient and troublesome, than they were useful and assisting to each other. ”

“ It is worthy of remark, that not only the first, but every succeeding Congress, as well as the late Convention, have invariably joined with the people in thinking that the prosperity of America depended on its Union. ”

“ Leave America divided into thirteen or if you please into three or four independent Governments, what armies could they raise and pay, what fleets could they ever hope to have? If one was attacked, would the others fly to its succor, and spend their blood and money in its defence? ”

“ It is of high importance to the peace of America, that she observe the laws of nations towards all these Powers, and to me it appears evident that this will be more perfectly and punctually done by one national Government than it could be either by thirteen separate States, or by three or four distinct confederacies.
Because when once an efficient national Government is established, the best men in the country will not only consent to serve, but also will generally be appointed to manage it ”

“ If mankind were to resolve to agree in no institution of Government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert. Where is the standard of perfection to be found? Who will undertake to unite the discordant opinions of a whole community, in the same judgment of it ”

“ Different commercial concerns must create different interests, and of course different degrees of political attachment to, and connection with, different foreign nations. Hence it might and probably would happen, that the foreign nation with whom the Southern confederacy might be at war would be the one with whom the Northern confederacy would be the most desirous of preserving peace and friendship. An alliance so contrary to their immediate interest would not therefore be easy to form, nor, if formed, would it be observed and fulfilled with perfect good faith. ”

“ The neighborhood of Spanish and British territories, bordering on some States, and not on others, naturally confines the causes of quarrel more immediately to the borderers. The bordering States, if any, will be those who, under the impulse of sudden irritation, and a quick sense of apparent interest or injury, will be most likely, by direct violence, to excite war with these nations; and nothing can so effectually obviate that danger as a national Government, whose wisdom and prudence will not be diminished by the passions which actuate the parties immediately interested. ”

“ Let us therefore proceed to examine whether the people are not right in their opinion, that a cordial Union under an efficient national Government, affords them the best security that can be devised against hostilities from abroad. ”

“ We will therefore conclude this head, with a view of the Judicial character of the Senate.
A well-constituted Court for the trial of impeachments is an object not more to be desired, than difficult to be obtained in a Government wholly elective. The subjects of its jurisdiction are those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself. ”

“ As the safety of the whole is the interest of the whole, and cannot be provided for without Government, either one or more or many, let us inquire whether one good Government is not, relative to the object in question, more competent than any other given number whatever. ”

“ The just causes of war for the most part arise either from violation of treaties, or from direct violence. America has already formed treaties with no less than six foreign nations, and all of them, except Prussia, are maritime, and therefore able to annoy and injure us: She has also extensive commerce with Portugal, Spain, and Britain, and, with respect to the two latter, has, in addition, the circumstance of neighborhood to attend to. ”

“ If they see that our national Government is efficient and well administered—our trade prudently regulated—our militia properly organized and disciplined—our resources and finances discreetly managed—our credit reëstablished—our people free, contented, and united, they will be much more disposed to cultivate our friendship than provoke our resentment. ”

“ With them and with most other European nations we are rivals in navigation and the carrying trade; and we shall deceive ourselves, if we suppose that any of them will rejoice to see it flourish; for as our carrying trade cannot increase without in some degree diminishing theirs, it is more their interest, and will be more their policy, to restrain, than to promote it. ”

“ They formed it almost as soon as they had a political existence; nay, at a time when their habitations were in flames, when many of their Citizens were bleeding, and when the progress of hostility and desolation left little room for those calm and mature inquiries and reflections, which must ever precede the formation of a wise and well-balanced government for a free people. It is not to be wondered at, that a Government instituted in times so inauspicious, should on experiment be found greatly deficient and inadequate to the purpose it was intended to answer. ”

“ It has often given me pleasure to observe, that Independent America was not composed of detached and distant territories, but that one connected, fertile, wide-spreading country was the portion of our western sons of liberty. ”

“ As to those just causes of war which proceed from direct and unlawful violence, it appears equally clear to me, that one good national Government affords vastly more security against dangers of that sort than can be derived from any other quarter. ”

“ To answer the purpose of the adversaries of the Constitution, they ought to prove, not merely that particular provisions in it are not the best which might have been imagined, but that the plan upon the whole is bad and pernicious. ”

“ Not only many of the Officers of Government, who obeyed the dictates of personal interest, but others, from a mistaken estimate of consequences, or the undue influence of former attachments, or whose ambition aimed at objects which did not correspond with the public good, were indefatigable in their endeavors to persuade the people to reject the advice of that Patriotic Congress. ”

“ But if the people at large had reason to confide in the men of that Congress, few of whom had been fully tried or generally known, still greater reason have they now to respect the judgment and advice of the Convention, for it is well known that some of the most distinguished members of that Congress, who have been since tried and justly approved for patriotism and abilities, and who have grown old in acquiring political information, were also members of this Convention, and carried into it their accumulated knowledge and experience. ”

“ Let candid men judge, then, whether the division of America into any given number of independent sovereignties would tend to secure us against the hostilities and improper interference of foreign nations. ”

“ Because such violences are more frequently caused by the passions and interests of a part than of the whole; of one or two States than of the Union. Not a single Indian war has yet been occasioned by aggressions of the present Fœderal Government, feeble as it is; but there are several instances of Indian hostilities having been provoked by the improper conduct of individual States, who, either unable or unwilling to restrain or punish offences, have given occasion to the slaughter of many innocent inhabitants. ”

“ They who well consider the history of similar divisions and confederacies, will find abundant reason to apprehend, that those in contemplation would in no other sense be neighbors than as they would be borderers; that they would neither love nor trust one another, but on the contrary would be a prey to discord, jealousy, and mutual injuries; in short, that they would place us exactly in the situations in which some nations doubtless wish to see us, viz., formidable only to each other. ”

“ Because the prospect of present loss or advantage may often tempt the governing party in one or two States to swerve from good faith and justice; but those temptations, not reaching the other States, and consequently having little or no influence on the national Government, the temptation will be fruitless, and good faith and justice be preserved. ”

“ So far therefore as either designed or accidental violations of treaties and the laws of nations afford just causes of war, they are less to be apprehended under one general Government than under several lesser ones, and in that respect, the former most favors the safety of the people. ”

“ It was remarked in the preceding Paper, that weakness and divisions at home would invite dangers from abroad; and that nothing would tend more to secure us from them than Union, strength, and good Government within ourselves. ”

“ This Convention, composed of men who possessed the confidence of the people, and many of whom had become highly distinguished by their patriotism, virtue, and wisdom, in times which tried the minds and hearts of men, undertook the arduous task. ”

“ In the trade to China and India, we interfere with more than one nation, inasmuch as it enables us to partake in advantages which they had in a manner monopolized, and as we thereby supply ourselves with commodities which we used to purchase from them. ”