“To find pleasure in the calamities of other nations, would be criminal; but to benefit ourselves, by opening an asylum to those who suffer, in consequence of them, is as justifiable as it is politic.” – Alexander Hamilton, “Report on the Subject of Manufactures,” December 5, 1791
Category: The American Constitution
“The desire to order does not live far from the urge to destroy.” – Ben Ehrenreich, “When Animals Conspire”
“The place to make new legislation, or address unwanted consequences of old legislation, lies in Congress. When it comes to statutory interpretation, our role is limited to applying the law’s demands as faithfully as we can in the cases that come before us. As judges we possess no special expertise or authority to declare for ourselves what a self-governing people should consider just or wise. And the same judicial humility that requires us to refrain from adding to statutes requires us to refrain from diminishing them.” – Justice Neil Gorsuch, Bostock v. Clayton County, Georgia, United States Supreme Court, June 15, 2020
“On my return from Holland, I had found Paris still in high fermentation as I had left it. Had the Archbishop, on the close of the assembly of Notables, immediately carried into operation the measures contemplated, it was believed they would all have been registered by the parliament, but he was slow, presented his edicts, one after another, & at considerable intervals of time, which gave time for the feelings excited by the proceedings of the Notables to cool off, new claims to be advanced, and a pressure to arise for a fixed constitution, not subject to changes at the will of the King. Nor should we wonder at this pressure when we consider the monstrous abuses of power under which this people were ground to powder, when we pass in review the weight of their taxes, and inequality of their distribution; the oppression of the tythes, of the tailles, the corvées, the gabelles, the farms and barriers; the shackles on Commerce by monopolies; on Industry by gilds and corporations; on the freedom of conscience, of thought, and of speech; on the Press by the Censure; and of person by lettres de Cachet; the cruelty of the criminal code generally, the atrocities of the Rack, the venality of judges, and their partialities to the rich; the Monopoloy of Military honors by the Noblesse; the enormous expenses of the Queen, the princes & the Court; the prodigalities of pensions; & the riches, luxury, indolence & immorality of the clergy. Surely under such a mass of misrule and oppression, a people might justly press for a thoro’ reformation, and might even dismount their rough-shod riders, & leave them to walk on their own legs.” – Thomas Jefferson, The Autobiography
3.8: SPECIAL RESPONSIBILITIES OF A PROSECUTOR
The duty of a public prosecutor is to seek justice, not merely to convict. The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:
(1) the information sought is not protected from disclosure by any applicable privilege;
(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and
(3) there is no other feasible alternative to obtain the information;
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that pose a serious and imminent threat of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making.
– Illinois Rules of Professional Conduct
“To each of my Nephews, William Augustine Washington, George Lewis, George Steptoe Washington, Bushrod Washington and Samuel Washington, I give one of the Swords or Cutteaux of which I may die possessed; and they are to chuse in the order they are named. These Swords are accompanied with an injunction not to unsheath them for the purpose of shedding blood, except it be for self defence, or in defence of their Country and its rights; and in the latter case, to keep them unsheathed, and prefer falling with them in their hands, to the relinquishment thereof.” – George Washington, “Last Will and Testament”, July 9, 1799
“Upon the decease of my wife, it is my Will & desire that all the Slaves which I hold in my own right, shall receive their freedom. To emancipate them during her life, would, tho’ earnestly wished by me, be attended with such insuperable difficulties on account of their intermixture by Marriages with the Dower Negroes, as to excite the most painful sensations, if not disagreeable consequences from the latter, while both descriptions are in the occupancy of the same Proprietor; it not being in my power, under the tenure by which the Dower Negroes are held, to manumit them. And whereas among those who will receive freedom according to this devise, there may be some, who from old age or bodily infirmities, and others who on account of their infancy, that will be unable to support themselves; it is my Will and desire that all who come under the first & second description shall be comfortably cloathed & fed by my heirs while they live; and that such of the latter description as have no parents living, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the age of twenty five years; and in cases where no record can be produced, whereby their ages can be ascertained, the judgment of the Court, upon its own view of the subject, shall be adequate and final. The Negros thus bound, are (by their Masters or Mistresses) to be taught to read & write; and to be brought up to some useful occupation, agreeably to the Laws of the Commonwealth of Virginia, providing for the support of Orphan and other poor Children. And I do hereby expressly forbid the Sale, or transportation out of the said Commonwealth, of any Slave I may die possessed of, under any pretence whatsoever. And I do moreover most pointedly, and most solemnly enjoin it upon my Executors hereafter named, or the Survivors of them, to see that this clause respecting Slaves, and every part thereof be religiously fulfilled at the Epoch at which it is directed to take place; without evasion, neglect or delay, after the Crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; seeing that a regular and permanent fund be established for their support so long as there are subjects requiring it; not trusting to the uncertain provision to be made by individuals. And to my Mulatto man William (calling himself William Lee) I give immediate freedom; or if he should prefer it (on account of the accidents which have befallen him, and which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so: In either case however, I allow him an annuity of thirty dollars during his natural life, which shall be independent of the victuals and cloaths he has been accustomed to receive, if he chuses the last alternative; but in full, with his freedom, if he prefers the first; & this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the Revolutionary War.” – George Washington, “Last Will and Testament”, July 9, 1799
“Permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another a habitual hatred or a habitual fondness is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence, frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the government, contrary to the best calculations of policy. The government sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times it makes the animosity of the nation subservient to projects of hostility instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations, has been the victim. So likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others which is apt doubly to injure the nation making the concessions; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld. And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation), facility to betray or sacrifice the interests of their own country, without odium, sometimes even with popularity; gilding, with the appearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils? Such an attachment of a small or weak towards a great and powerful nation dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests.” – George Washington, “Farewell Address”, September 19, 1796
“The habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield.” – George Washington, “Farewell Address”, September 19, 1796
“The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty. Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which finds a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.” – George Washington, “Farewell Address”, September 19, 1796
“The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government. All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common counsels and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.” – George Washington, “Farewell Address”, September 19, 1796
“Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.” – George Washington, “Farewell Address”, September 19, 1796
“Until within last year or two ago, I had no conception that Parties would, or even could go, the length I have been witness to; nor did I believe until lately, that it was within the bonds of probability; hardly within those of possibility, that, while I was using my utmost exertions to establish a national character of our own, independent, as far as our obligations, and justice would permit, of every nation of the earth; and wished, by steering a steady course, to preserve this Country from the horrors of a desolating war, that I should be accused of being the enemy of one Nation, and subject to the influence of another; and to prove it, that every act of my administration would be tortured, and the grossest, and most insidious mis-representations of them be made (by giving one side only of a subject, and that too in such exaggerated and indecent terms as could scarcely be applied to a Nero; a notorious defaulter; or even to a common pick-pocket). But enough of this; I have already gone farther in the expression of my feelings, than I intended.” – George Washington, “Letter to Thomas Jefferson”, July 6, 1796 (emphasis in original)
“The difference of conduct between the friends, and foes of order, & good government, is in nothg. more striking than that, the latter are always working like bees, to distil their poison, while the former, depending, often times too much, and too long upon the sense, and good dispositions of the people to work conviction, neglect the means of effecting it.” – George Washington, “Letter to Alexander Hamilton”, July 29, 1795 (emphases in original)
“The country has got to have confidence in the government’s ability to stave off a crisis. . . . One of the jobs of a leader during a crisis is to not only project calm but to project confidence that we’ll deal with the situation.” – George W. Bush (interviewed in “Panic: The Untold Story of the 2008 Financial Crisis”)
“No worthwhile human activity can be completely defined by legal rules.” – Supreme Court of the State of Illinois, “Illinois Rules of Professional Conduct”
“If nothing impeaching my honor, or honesty, is said, I care little for the rest. I have pursued one uniform course for three score years, and am happy in believing that the world have thought it a right one: of it’s being so, I am so well satisfied myself, that I shall not depart from it by turning either to the right or to the left, until I arrive at the end of my pilgrimage.” – George Washington, “Letter to John Francis Mercer”, September 26, 1792 (emphasis and punctuation in original)
“It requires time to conquer bad habits, and hardly anything short of necessity is able to accomplish it.” – George Washington, “Letter to Arthur Young”, December 5, 1791
“It is better to offer no excuse than a bad one.” – George Washington, “Letter to Harriot Washington”, October 30, 1791
“May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit in safety under his own vine and figtree, and there shall be none to make him afraid. May the father of all mercies scatter light and not darkness in our paths, and make us all in our several vocations useful here, and in his own due time and way everlastingly happy.” – George Washington, “To the Hebrew Congregation in Newport, Rhode Island”, August 18, 1790
“I have never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. Such an addiction is the last degradation of a free and moral agent. If I could not go to heaven but with a party, I would not go there at all.” – Thomas Jefferson, “Letter to Francis Hopkinson”, March 13, 1789
“Nothing but harmony, honesty, industry and frugality are necessary to make us a great and happy people.” – George Washington, “Letter to Marquis de Lafayette”, January 29, 1789
“Experience has by no means justified us in the supposition, that there is more virtue in one class of men than in another. Look through the rich and the poor of the community; the learned and the ignorant. Where does virtue predominate?” – Alexander Hamilton, “Speech in the New York Ratifying Convention on Representation”
“As riches increase and accumulate in few hands; as luxury prevails in society; virtue will be in a greater degree considered as only a graceful appendage of wealth, and the tendency of things will be to depart from the republican standard.” – Alexander Hamilton, “Speech in the New York Ratifying Convention on Representation”
“The ancient democracies, in which the people themselves deliberated, never possessed one feature of good government. Their very character was tyranny; their figure deformity: When they assembled, the field of debate presented an ungovernable mob, not only incapable of deliberation, but prepared for every enormity. In these assemblies, the enemies of the people brought forward their plans of ambition systematically. They were opposed by their enemies of another party; and it became a matter of contingency, whether the people subjected themselves to be led blindly by one tyrant or by another.” – Alexander Hamilton, “Speech in the New York Ratifying Convention on Representation”
“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act therefore contrary to the constitution can be valid. To deny this would be to affirm that the deputy is greater than this principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorise, but what they forbid.” – Alexander Hamilton, “The Federalist No. 78”
“A man raised from the station of a private citizen to the rank of chief magistrate, possessed of but a moderate or slender fortune, and looking forward to a period not very remote, when he may probably be obliged to return to the station from which he was taken, might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand. An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents.” – Alexander Hamilton, “The Federalist No. 75”
“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 jurisdictions are those offenses 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. The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties, more or less friendly or inimical, to the accused. In many cases, it will connect itself with the pre-existing factions, and will inlist all their animosities, partialities, influence and interest on one side, or on the other; and in such cases there will always be the greatest danger, that the decision will be regulated more by the comparitive strength of parties than by the real demonstrations of innocence or guilt. The delicacy and magnitude of a trust, which so deeply concerns the political reputation and existence of every man engaged in the administration of public affairs, speak for themselves. The difficulty of placing it rightly in a government resting entirely on the basis of periodical elections will as readily be perceived, when it is considered that the most conspicuous characters in it will, from that circumstance, be too often the leaders, or the tools of the most cunning or the most numerous faction; and on this account can hardly be expected to possess the requisite neutrality towards those, whose conduct may be the subject of scrutiny.” – Alexander Hamilton, “The Federalist No. 65” (spelling and emphasis in original)
“Make it a fixed point of policy in the national administration to go as far as may be practicable in making the luxury of the rich tributary to the public treasury, in order to diminish the necessity of those impositions, which might create dissatisfaction in the poorer and most numerous classes of the society. Happy it is when the interest which the government has in the preservation of its own power, coincides with a proper distribution of the public burthens, and tends to guard the least wealthy part of the community from oppression!” – Alexander Hamilton, “The Federalist No. 36”
“To judge from the history of mankind, we shall be compelled to conclude, that the fiery and destructive passions of war, reign in the human breast, with much more powerful sway, than the mild and beneficent sentiments of peace; and, that to model our political systems upon speculations of lasting tranquility, is to calculate on the weaker springs of human character.” – Alexander Hamilton, “The Federalist No. 34”