The immutable establishment of the common law would have been repugnant to that regulation. It would, in many respects, be destructive to republican principles, and productive of great inconveniences. I might indulge myself by showing many parts of the common law which would have this effect. I hope I shall not be thought to speak ludicrously, when I say the writ of burning heretics would have been revived by it. It would tend to throw real property into few hands, and prevent the introduction of many salutary regulations. Thus, were the common law adopted in that system, it would destroy the principles of republican government. But this is not excluded. It may be established by an act of legislature. Its defective parts may be altered, and it may be changed and modified as the convenience of the public may require it.
I said, when I opened my observations, that I thought the friends of the Constitution were mistaken when they supposed the powers granted by the last clause of the 8th section to be merely incidental; and that its enemies were equally mistaken when they put such an extravagant construction upon it.
My objection is, that the clause is ambiguous, and that that ambiguity may injure the states. My fear is, that it will, by gradual accessions, gather to a dangerous length. This is my apprehension, and I disdain to disown it. I will praise it where it deserves it, and censure it where it appears defective. But, sir, are we to reject it, because it is ambiguous in some particular instances? I cast my eyes to the actual situation of America. I see the dreadful tempest, to which the present calm is a prelude, if disunion takes place. I see the anarchy which must happen if no energetic government be established. In this situation, I would take the Constitution, were it more objectionable than it is; for, if anarchy and confusion follow disunion, an enterprising man may enter into the American throne. I conceive there is no danger. The representatives are chosen by and from among the people. They will have a fellow-feeling for the farmers and planters. The twenty-six senators, representatives of the states, will not be those desperadoes and horrid adventurers which they are represented to be. The state legislatures, I trust, will not forget the duty they owe to their country so far as to choose such men to manage their federal
