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be an inferior court in every state; nor have they recollected that the appeals being with such exceptions, and under such regulations as Congress shall make, will never be permitted for trifling sums or under trivial pretences, unless we can suppose that the national legislature shall be composed of knaves and fools. The line that separates the powers of the national legislature from those of the several states is clearly drawn. The several states reserve every power that can be exercised for the particular use and comfort of the state. They do not yield a single power which is not absolutely necessary to the safety and prosperity of the nation, nor one that could be employed to any effect in the hands of particular states. The powers of judiciary naturally arise from those of the legislature. Questions that are of a national concern, and those cases which are determinable by the general laws of the nation, are to be referred to the national judiciary; but they have not anything to do with a single case either civil or criminal which respects the private and particular concerns of a state or its citizens. The possibility of keeping regular troops in the public service, has been urged as another objection against the new constitution. It is very remarkable that the same objection has not been made against the original confederation, in which the same grievance obtains without the same guards. It is now provided, that no appropriation of money for the use of the army shall be for a longer time than two years. Provision is also made for having a powerful militia, in which there never can be occasion for many regular troops. It has been objected in some of the southern states, that the Congress, by a majority of votes, is to have the power to regulate trade. It is universally admitted that Congress ought to have this power, else our commerce, which is nearly ruined, can never be restored; but some gentlemen think that the concurrence of two-thirds of the votes in Congress should have been required. By the sundry regulations of commerce, it will be in the power of government not only to collect a vast revenue for the general benefit of the nation, but to secure the carrying trade in the hands of citizens in preference to strangers. It has been alleged that there are few ships belonging to the southern states; and that the price of freight must rise in consequence of our excluding many foreign vessels: but when we have n
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