FOOTNOTES: — Transcriber’s Notes
Observations on
The New Constitution
All writers on government agree, and the feelings of the
human mind witness the truth of these political axioms,
that man is born free and possessed of certain unalienable
rights—that government is instituted for the protection,
safety and happiness of the people, and not for the profit, honour,
or private interest of any man, family, or class of men—That the
origin of all power is in the people, and that they have an incontestible
right to check the creatures of their own creation,
vested with certain powers to guard the life, liberty and property
of the community: And if certain selected bodies of men, deputed
on these principles, determine contrary to the wishes and expectations
of their constituents, the people have an undoubted right
to reject their decisions, to call for a revision of their conduct,
to depute others in their room, or if they think proper, to demand
further time for deliberation on matters of the greatest moment:
it therefore is an unwarrantable stretch of authority or influence,
if any methods are taken to preclude this reasonable and peaceful
mode of enquiry and decision. And it is with inexpressible
anxiety, that many of the best friends of the Union of the States—to
the peaceable and equal participation of the rights of nature,
and to the glory and dignity of this country, behold the insidious
arts, and the strenuous efforts of the partisans of arbitrary
power, by their vague definitions of the best established
truths, endeavoring to envelope the mind in darkness the concomitant
of slavery, and to lock the strong chains of domestic
despotism on a country, which by the most glorious and successful
struggles is but newly emancipated from the spectre of foreign
dominion.—But there are certain seasons in the course of
human affairs, when Genius, Virtue, and Patriotism, seems [sic]
to nod over the vices of the times, and perhaps never more remarkably,
than at the present period; or we should not see such a
passive disposition prevail in some, who we must candidly suppose,
have liberal and enlarged sentiments; while a supple multitude
are paying a blind and idolatrous homage to the opinions
of those who by the most precipitate steps are treading down
their dear bought privileges; and who are endeavouring by all
the arts of insinuation, and influence, to betray the people of the
United States, into an acceptance of a most complicated system
of government; marked on the one side with the dark, secret and
profound intrigues, of the statesman, long practised in the purlieus
of despotism; and on the other, with the ideal projects of
young ambition, with its wings just expanded to soar to a summit,
which imagination has painted in such gawdy colours as
to intoxicate the inexperienced votary, and to send him rambling
from State to State, to collect materials to construct the
ladder of preferment.
But as a variety of objections to the heterogeneous phantom,
have been repeatedly laid before the public, by men of the best
abilities and intentions; I will not expatiate long on a Republican
form of government, founded on the principles of monarchy—a
democratick branch with the features of aristocracy—and the
extravagance of nobility pervading the minds of many of the
candidates for office, with the poverty of peasantry hanging
heavily on them, and insurmountable, from their taste for expence,
unless a general provision should be made in the arrangement
of the civil list, which may enable them with the
champions of their cause to “sail down the new pactolean channel.”
Some gentlemen, with laboured zeal, have spent much time
in urging the necessity of government, from the embarrassments
of trade—the want of respectability abroad and confidence of the
public engagements at home:—These are obvious truths which
no one denies; and there are few who do not unite in the general
wish for the restoration of public faith, the revival of commerce,
arts, agriculture, and industry, under a lenient, peaceable and
energetick government: But the most sagacious advocates for
the party have not by fair discussion, and rational argumentation,
evinced the necessity of adopting this many headed monster;
of such motley mixture, that its enemies cannot trace a feature
of Democratick or Republican extract; nor have its friends
the courage to denominate a Monarchy, an Aristocracy, or an
Oligarchy, and the favoured bantling must have passed through
the short period of its existence without a name, had not Mr.
Wilson, in the fertility of his genius, suggested the happy epithet
of a Federal Republic.—But I leave the field of general censure
on the secrecy of its birth, the rapidity of its growth, and
the fatal consequences of suffering it to live to the age of maturity,
and will particularize some of the most weighty objections
to its passing through this continent in a gigantic size.—It will
be allowed by every one that the fundamental principle of a free
government, is the equal representation of a free people.—And I
will first observe with a justly celebrated writer, “That the principal
aim of society is to protect individuals in the absolute rights
which were vested in them by the immediate laws of nature, but
which could not be preserved in peace, without the mutual intercourse
which is gained by the institution of friendly and social
communities.” And when society has thus deputed a certain
number of their equals to take care of their personal rights, and
the interest of the whole community, it must be considered that
responsibility is the great security of integrity and honour; and
that annual election is the basis of responsibility,—Man is not
immediately corrupted, but power without limitation, or amenability,
may endanger the brightest virtue—whereas a frequent
return to the bar of their Constituents is the strongest check
against the corruptions to which men are liable, either from the
intrigues of others of more subtle genius, or the propensities of
their own hearts,—and the gentlemen who have so warmly advocated
in the late Convention of the Massachusetts, the change
from annual to biennial elections; may have been in the same
predicament, and perhaps with the same views that Mr. Hutchinson
once acknowledged himself, when in a letter to Lord Hillsborough,
he observed, “that the grand difficulty of making a
change in government against the general bent of the people had
caused him to turn his thoughts to a variety of plans, in order to
find one that might be executed in spite of opposition,” and the
first he proposed was that, “instead of annual, the elections
should be only once in three years:” but the Minister had not the
hardiness to attempt such an innovation, even in the revision of
colonial charters: nor has any one ever defended Biennial, Triennial,
or Septennial, Elections, either in the British House of
Commons, or in the debates of Provincial assemblies, on general
and free principles: but it is unnecessary to dwell long on this
article, as the best political writers have supported the principles
of annual elections with a precision, that cannot be confuted,
though they may be darkened, by the sophistical arguments that
have been thrown out with design, to undermine all the barriers
of freedom.
2. There is no security in the profered [sic] system, either for
the rights of conscience or the liberty of the Press: Despotism
usually while it is gaining ground, will suffer men to think, say,
or write what they please; but when once established, if it is
thought necessary to subserve the purposes, of arbitrary power,
the most unjust restrictions may take place in the first instance,
and an imprimatur on the Press in the next, may silence the
complaints, and forbid the most decent remonstrances of an injured
and oppressed people.
3. There are no well defined limits of the Judiciary Powers,
they seem to be left as a boundless ocean, that has broken over
the chart of the Supreme Lawgiver, “thus far shalt thou go and
no further,” and as they cannot be comprehended by the clearest
capacity, or the most sagacious mind, it would be an Herculean
labour to attempt to describe the dangers with which they are
replete.
4. The Executive and the Legislative are so dangerously
blended as to give just cause of alarm, and every thing relative
thereto, is couched in such ambiguous terms—in such vague
and indefinite expression, as is a sufficient ground without any
objection, for the reprobation of a system, that the authors dare
not hazard to a clear investigation.
5. The abolition of trial by jury in civil causes.—This mode
of trial the learned Judge Blackstone observes, “has been coeval
with the first rudiments of civil government, that property,
liberty and life, depend on maintaining in its legal force the
constitutional trial by jury.” He bids his readers pause, and
with Sir Matthew Hale observes, how admirably this mode is
adapted to the investigation of truth beyond any other the world
can produce. Even the party who have been disposed to swallow,
without examination, the proposals of the secret conclave, have
started on a discovery that this essential right was curtailed; and
shall a privilege, the origin of which may be traced to our Saxon
ancestors—that has been a part of the law of nations, even in
the feudatory systems of France, Germany and Italy—and
from the earliest records has been held so sacred, both in ancient
and modern Britain, that it could never be shaken by the introduction
of Norman customs, or any other conquests or change of
government—shall this inestimable privilege be relinquished in
America—either thro’ the fear of inquisition for unaccounted
thousands of public monies in the hands of some who have been
officious in the fabrication of the consolidated system, or from
the apprehension that some future delinquent possessed of more
power than integrity, may be called to a trial by his peers in the
hour of investigation.
6. Though it has been said by Mr. Wilson and many others,
that a Standing-Army is necessary for the dignity and safety of
America, yet freedom revolts at the idea, when the Divan, or the
Despot, may draw out his dragoons to suppress the murmurs of
a few, who may yet cherish those sublime principles which call
forth the exertions, and lead to the best improvement of the human
mind. It is hoped this country may yet be governed by milder
methods than are usually displayed beneath the bannerets of
military law.—Standing armies have been the nursery of vice
and the bane of liberty from the Roman legions to the establishment
of the artful Ximenes, and from the ruin of the Cortes of
Spain, to the planting of the British cohorts in the capitals of
America:—By the edicts of an authority vested in the sovereign
power by the proposed constitution, the militia of the country,
the bulwark of defence, and the security of national liberty is no
longer under the controul of civil authority; but at the rescript
of the Monarch, or the aristocracy, they may either be employed
to extort the enormous sums that will be necessary to support the
civil list—to maintain the regalia of power—and the splendour
of the most useless part of the community, or they may be sent
into foreign countries for the fulfilment of treaties, stipulated by
the President and two thirds of the Senate.
7. Notwithstanding the delusory promise to guarantee a Republican
form of government to every State in the Union—If the
most discerning eye could discover any meaning at all in the engagement,
there are no resources left for the support of internal
government, or the liquidation of the debts of the State. Every
source of revenue is in the monopoly of Congress, and if the several
legislatures in their enfeebled state, should against their
own feelings be necessitated to attempt a dry tax for the payment
of their debts, and the support of internal police, even this may
be required for the purposes of the general government.
8. As the new Congress are empowered to determine their
own salaries, the requisitions for this purpose may not be very
moderate, and the drain for public moneys will probably rise
past all calculation: and it is to be feared when America has
consolidated its despotism, the world will witness the truth of
the assertion—“that the pomp of an eastern monarch may impose
on the vulgar who may estimate the force of a nation by the magnificence
of its palaces; but the wise man judges differently, it
is by that very magnificence he estimates its weakness. He sees
nothing more in the midst of this imposing pomp, where the tyrant
sets enthroned, than a sumptuous and mournful decoration
of the dead; the apparatus of a fastuous funeral, in the centre of
which is a cold and lifeless lump of unanimated earth, a phantom
of power ready to disappear before the enemy, by whom it
is despised!”
9. There is no provision for a rotation, nor anything to prevent
the perpetuity of office in the same hands for life; which by
a little well timed bribery, will probably be done, to the exclusion
of men of the best abilities from their share in the offices of government.—By
this neglect we lose the advantages of that check
to the overbearing insolence of office, which by rendering him
ineligible at certain periods, keeps the mind of man in equilibrio,
and teaches him the feelings of the governed, and better qualifies
him to govern in his turn.
10. The inhabitants of the United States, are liable to be
draged [sic] from the vicinity of their own country, or state, to
answer the litigious or unjust suit of an adversary, on the most
distant borders of the Continent: in short the appellate jurisdiction
of the Supreme Federal Court, includes an unwarrantable
stretch of power over the liberty, life, and property of the
subject, through the wide Continent of America.
11. One Representative to thirty thousand inhabitants is a
very inadequate representation; and every man who is not lost
to all sense of freedom to his country, must reprobate the idea of
Congress altering by law, or on any pretence whatever, interfering
with any regulations for time, places, and manner of choosing
our own Representatives.
12. If the sovereignty of America is designed to be elective,
the circumscribing the votes to only ten electors in this State,
and the same proportion in all the others, is nearly tantamount
to the exclusion of the voice of the people in the choice of their
first magistrate. It is vesting the choice solely in an aristocratic
junto, who may easily combine in each State to place at the head
of the Union the most convenient instrument for despotic sway.
13. A Senate chosen for six years will, in most instances, be
an appointment for life, as the influence of such a body over the
minds of the people will be coequal to the extensive powers with
which they are vested, and they will not only forget, but be forgotten
by their constituents—a branch of the Supreme Legislature
thus set beyond all responsibility is totally repugnant to every
principle of a free government.
14. There is no provision by a bill of rights to guard against
the dangerous encroachments of power in too many instances to
be named: but I cannot pass over in silence the insecurity in
which we are left with regard to warrants unsupported by evidence—the
daring experiment of granting writs of assistance in
a former arbitrary administration is not yet forgotten in the
Massachusetts; nor can we be so ungrateful to the memory of
the patriots who counteracted their operation, as so soon after
their manly exertions to save us from such a detestable instrument
of arbitrary power, to subject ourselves to the insolence of
any petty revenue officer to enter our houses, search, insult, and
seize at pleasure. We are told by a gentleman of too much virtue
and real probity to suspect he has a design to deceive—“that the
whole constitution is a declaration of rights,”—but mankind
must think for themselves, and to many very judicious and discerning
characters, the whole constitution with very few exceptions
appears a perversion of the rights of particular states, and
of private citizens.—But the gentleman goes on to tell us, “that
the primary object is the general government, and that the rights
of individuals are only incidentally mentioned, and that there
was a clear impropriety in being very particular about them.”
But, asking pardon for dissenting from such respectable authority,
who has been led into several mistakes, more from his predilection
in favour of certain modes of government, than from a
want of understanding or veracity. The rights of individuals
ought to be the primary object of all government, and cannot be
too securely guarded by the most explicit declarations in their
favor. This has been the opinion of the Hampdens, the Pyms,
and many other illustrious names, that have stood forth in defence
of English liberties; and even the Italian master in politics,
the subtle and renowned Machiavelli acknowledges, that no
republic ever yet stood on a stable foundation without satisfying
the common people.
15. The difficulty, if not impracticability, of exercising the
equal and equitable powers of government by a single legislature
over an extent of territory that reaches from the Mississippi to
the Western lakes, and from them to the Atlantic Ocean, is an
insuperable objection to the adoption of the new system.—Mr.
Hutchinson, the great champion for arbitrary power, in the
multitude of his machinations to subvert the liberties of this
country, was obliged to acknowledge in one of his letters, that,
“from the extent of country from north to south, the scheme of
one government was impracticable.” But if the authors of the
present visionary project, can by the arts of deception, precipitation
and address, obtain a majority of suffrages in the conventions
of the states to try the hazardous experiment, they may
then make the same inglorious boast with this insidious politician,
who may perhaps be their model, that “the union of the
colonies was pretty well broken, and that he hoped to never see
it re[n]ewed.”
16. It is an undisputed fact that not one legislature in the
United States had the most distant idea when they first appointed
members for a convention, entirely commercial, or when
they afterwards authorized them to consider on some amendments
of the Federal union, that they would without any warrant
from their constituents, presume on so bold and daring a stride,
as ultimately to destroy the state governments, and offer a consolidated
system, irreversible but on conditions that the smallest
degree of penetration must discover to be impracticable.
17. The first appearance of the article which declares the ratification
of nine states sufficient for the establishment of the new
system, wears the face of dissension, is a subversion of the union
of Confederated States, and tends to the introduction of anarchy
and civil convulsions, and may be a means of involving the whole
country in blood.
18. The mode in which this constitution is recommended to
the people to judge without either the advice of Congress, or the
legislatures of the several states is very reprehensible—it is an
attempt to force it upon them before it could be thoroughly understood,
and may leave us in that situation, that in the first
moments of slavery in the minds of the people agitated by the
remembrance of their lost liberties, will be like the sea in a tempest,
that sweeps down every mound of security.
But it is needless to enumerate other instances, in which the
proposed constitution appears contradictory to the first principles
which ought to govern mankind; and it is equally so to enquire
into the motives that induced to so bold a step as the annihilation
of the independence and sovereignty of the thirteen
distinct states.—They are but too obvious through the whole
progress of the business, from the first shutting up the doors of
the federal convention and resolving that no member should correspond
with gentlemen in the different states on the subject under
discussion; till the trivial proposition of recommending a
few amendments was artfully ushered into the convention of the
Massachusetts. The questions that were then before that honorable
assembly were profound and important, they were of
such magnitude and extent, that the consequences may run
parallel with the existence of the country; and to see them waved
and hastily terminated by a measure too absurd to require a serious
refutation, raises the honest indignation of every true lover
of his country. Nor are they less grieved that the ill policy and
arbitrary disposition of some of the sons of America has thus
precipitated to the contemplation and discussion of questions that
no one could rationally suppose would have been agitated among
us till time had blotted out the principles on which the late revolution
was grounded; or till the last traits of the many political
tracts, which defended the separation from Britain, and the
rights of men were consigned to everlasting oblivion. After the
severe conflicts this country has suffered, it is presumed that
they are disposed to make every reasonable sacrifice before the
altar of peace.—But when we contemplate the nature of men
and consider them originally on an equal footing, subject to the
same feelings, stimulated by the same passions, and recollecting
the struggles they have recently made, for the security of their
civil rights; it cannot be expected that the inhabitants of the
Massachusetts, can be easily lulled into a fatal security, by the
declamatory effusions of gentlemen, who, contrary to the experience
of all ages would perswade them there is no danger
to be apprehended, from vesting discretionary powers in the
hands of man, which he may, or may not abuse. The very suggestion,
that we ought to trust to the precarious hope of amendments
and redress, after we have voluntarily fixed the shackles
on our own necks should have awakened to a double degree of
caution.—This people have not forgotten the artful insinuations
of a former Governor, when pleading the unlimited authority of
parliament before the legislature of the Massachusetts; nor that
his arguments were very similar to some lately urged by gentlemen
who boast of opposing his measures, “with halters about
their necks.”
We were then told by him, in all the soft language of insinuation,
that no form of government, of human construction can
be perfect—that we had nothing to fear—that we had no reason
to complain—that we had only to acquiesce in their illegal
claims, and to submit to the requisition of parliament, and doubtless
the lenient hand of government would redress all grievances,
and remove the oppressions of the people:—Yet we soon saw
armies of mercenaries encamped on our plains—our commerce
ruined—our harbours blockaded—and our cities burnt. It may
be replied that this was in consequence of an obstinate defence
of our privileges; this may be true; and when the “ultima ratio”
is called to aid, the weakest must fall. But let the best informed
historian produce an instance when bodies of men were entrusted
with power, and the proper checks relinquished, if they were
ever found destitute of ingenuity sufficient to furnish pretences
to abuse it. And the people at large are already sensible, that the
liberties which America has claimed, which reason has justified,
and which have been so gloriously defended by the sword of the
brave; are not about to fall before the tyranny of foreign conquest:
it is native usurpation that is shaking the foundations of
peace, and spreading the sable curtain of despotism over the
United States. The banners of freedom were erected in the wilds
of America by our ancestors, while the wolf prowled for his prey
on the one hand, and more savage man on the other; they have
been since rescued from the invading hand of foreign power, by
the valor and blood of their posterity; and there was reason to
hope they would continue for ages to illumine a quarter of the
globe, by nature kindly separated from the proud monarchies of
Europe, and the infernal darkness of Asiatic slavery.—And it is
to be feared we shall soon see this country rushing into the extremes
of confusion and violence, in consequence of the proceedings
of a set of gentlemen, who disregarding the purposes
of their appointment, have assumed powers unauthorized by any
commission, have unnecessarily rejected the confederation of
the United States, and annihilated the sovereignty and independence
of the individual governments.—The causes which
have inspired a few men to assemble for very different purposes
with such a degree of temerity [a]s to break with a single stroke
the union of America, and disseminate the seeds of discord
through the land may be easily investigated, when we survey the
partizans of monarchy in the state conventions, urging the adoption
of a mode of government that militates with the former professions
and exertions of this country, and with all ideas of republicanism,
and the equal rights of men.
Passion, prejudice, and error, are characteristics of human
nature; and as it cannot be accounted for on any principles of
philosophy, religion, or good policy; to these shades in the human
character must be attributed the mad zeal of some, to precipitate
to a blind adoption of the measures of the late federal
convention, without giving opportunity for better information
to those who are misled by influence or ignorance into erroneous
opinions.—Litterary talents may be prostituted, and the powers
of genius debased to subserve the purposes of ambition, or
avarice; but the feelings of the heart will dictate the language
of truth, and the simplicity of her accents will proclaim the infamy
of those, who betray the rights of the people, under the
specious, and popular pretence of justice, consolidation, and
dignity.
It is presumed the great body of the people unite in sentiment
with the writer of these observations, who most devoutly prays
that public credit may rear her declining head, and remunerative
justice pervade the land; nor is there a doubt if a free government
is continued, that time and industry will enable both the
public and private debtor to liquidate their arrearages in the
most equitable manner. They wish to see the Confederated States
bound together by the most indissoluble union, but without renouncing
their separate sovereignties and independence, and
becoming tributaries to a consolidated fabrick of aristocratick
tyranny.—They wish to see government established, and peaceably
holding the reins with honour, energy, and dignity; but they
wish for no federal city whose “cloud cap’t towers” may screen
the state culprit from the hand of justice; while its exclusive
jurisdiction may protect the riot of armies encamped within its
limits.—They deprecate discord and civil convulsions, but they
are not yet generally prepared with the ungrateful Israelites to
ask a King, nor are their spirits sufficiently broken to yield the
best of their olive grounds to his servants, and to see their sons
appointed to run before his chariots—It has been observed by a
zealous advocate for the new system, that most governments are
the result of fraud or violence, and this with design to recommend
its acceptance—but has not almost every step towards its
fabrication been fraudulent in the extreme? Did not the prohibition
strictly enjoined by the general Convention, that no member
should make any communication to his Constituents, or to gentlemen
of consideration and abilities in the other States, bear
evident marks of fraudulent designs?—This circumstance is regretted
in strong terms by Mr. Martin, a member from Maryland,
who acknowledges “He had no idea that all the wisdom, integrity,
and virtue of the States was contained in that Convention,
and that he wished to have corresponded with gentlemen of
eminent political characters abroad, and to give their sentiments
due weight”—he adds, “so extremely solicitous were they, that
their proceedings should not transpire, that the members were
prohibited from taking copies of their resolutions, or extracts
from the Journals, without express permission, by vote.”—And
the hurry with which it has been urged to the acceptance of the
people, without giving time, by adjournments, for better information,
and more unanimity has a deceptive appearance; and if
finally driven to resistance, as the only alternative between that
and servitude, till in the confusion of discord, the reins should be
seized by the violence of some enterprizing genius, that may
sweep down the last barrier of liberty, it must be added to the
score of criminality with which the fraudulent usurpation at
Philadelphia, may be chargeable.—Heaven avert such a tremendous
... [scene] and let us still hope a more happy termination
of the present ferment:—may the people be calm and wait a
legal redress; may the mad transport of some of our infatuated
capitals subside; and every influential character through the
States, make the most prudent exertions for a new general Convention,
who may vest adequate powers in Congress, for all national
purposes, without annihilating the individual governments,
and drawing blood from every pore by taxes, impositions
and illegal restrictions.—This step might again re-establish the
Union, restore tranquility to the ruffled mind of the inhabitants,
and save America from the distresses, dreadful even in contemplation.—“The
great art of governing is to lay aside all prejudices
and attachments to particular opinions, classes or individual
characters to consult the spirit of the people; to give way
to it; and in so doing, to give it a turn capable of inspiring those
sentiments, which may induce them to relish a change, which an
alteration of circumstances may hereafter make necessary.”—The
education of the advocates for monarchy should have taught
them, and their memory should have suggested that “monarchy
is a species of government fit only for a people too much corrupted
by luxury, avarice, and a passion for pleasure, to have
any love for their country, and whose vices the fear of punishment
alone is able to restrain; but by no means calculated for a
nation that is poor, and at the same time tenacious of their liberty—animated
with a disgust to tyranny—and inspired with
the generous feeling of patriotism and liberty, and at the same
time, like the ancient Spartans have been hardened by temperance
and manly exertions, and equally despising the fatigues of
the field, and the fear of enemies,”—and while they change their
ground they should recollect, that Aristocracy is a still more
formidable foe to public virtue, and the prosperity of a nation—that
under such a government her patriots become mercenaries—her
soldiers, cowards, and the people slaves.—Though several
State Conventions have assented to, and ratified, yet the voice
of the people appears at present strong against the adoption of
the Constitution.—By the chicanery, intrigue, and false colouring
of those who plume themselves, more on their education and
abilities, than their political, patriotic, or private virtues—by
the imbecility of some, and the duplicity of others, a majority of
the Convention of Massachusetts have been flattered with the
ideas of amendments, when it will be too late to complain—While
several very worthy characters, too timid for their situation,
magnified the hopeless alternative, between the dissolution
of the bands of all government, and receiving the proferred system
in toto, after long endeavouring to reconcile it to their consciences,
swallowed the indigestible panacea, and in a kind of
sudden desperation lent their signature to the dereliction of the
honourable station they held in the Union, and have broken over
the solemn compact, by which they were bound to support their
own excellent constitution till the period of revision. Yet Virginia,
equally large and respectable, and who have done honour to
themselves, by their vigorous exertions from the first dawn of
independence, have not yet acted upon the question; they have
wisely taken time to consider before they introduce innovations
of a most dangerous nature:—her inhabitants are brave, her burgesses
are free, and they have a Governor who dares to think for
himself, and to speak his opinion (without first pouring libations
on the altar of popularity) though it should militate with
some of the most accomplished and illustrious characters.
Maryland, who has no local interest to lead her to adopt, will
doubtless reject the system—I hope the same characters still
live, and that same spirit which dictated to them a wise and cautious
care, against sudden revolutions in government, and made
them the last State that acceded to the independence of America,
will lead them to support what they so deliberately claimed.—Georgia
apprehensive of a war with the Savages, has acceded
in order to insure protection.—Pennsylvania has struggled
through much in the same manner, as the Massachusetts, against
the manly feelings, and the masterly reasonings of a very respectable
part of the Convention: They have adopted the system,
and seen some of its authors burnt in effigy—their towns
thrown into riot and confusion, and the minds of the people agitated
by apprehension and discord.
New Jersey and Delaware have united in the measure, from
the locality of their situation, and the selfish motives which too
generally govern mankind; the Federal City, and the seat of government,
will naturally attract the intercourse of strangers—the
youth of enterprize, and the wealth of the nation to the central
States.
Connecticut has pushed it through with the precipitation of
her neighbour, with few dissentient voices;—but more from irritation
and resentment to a sister State, perhaps partiality to
herself in her commercial regulations, than from a comprehensive
view of the system, as a regard to the welfare of all.—But
New York has motives, that will undoubtedly lead her to rejection,
without being afraid to appeal to the understanding of
mankind, to justify the grounds of their refusal to adopt a Constitution,
that even the framers dare not to risque to the hazard
of revision, amendment, or reconsideration, least the whole superstructure
should be demolished by more skilful and discreet
architects.—I know not what part the Carolinas will take; but
I hope their determinations will comport with the dignity and
freedom of this country—their decisions will have great weight
in the scale.—But equally important are the small States of New Hampshire
and Rhode Island:—New York, the Carolinas, Virginia,
Maryland, and these two lesser States may yet support
the liberties of the Continent; if they refuse a ratification or postpone
their proceedings till the spirits of the community have time
to cool, there is little doubt but the wise measure of another federal
convention will be adopted, when the members would have
the advantage of viewing, at large, through the medium of truth,
the objections that have been made from various quarters; such
a measure might be attended with the most salutary effects, and
prevent the dread consequences of civil feuds.—But even if some
of those large states should hastily accede, yet we have frequently
seen in the story of revolution, relief spring from a quarter
least expected.
Though the virtues of a Cato could not save Rome, nor the
abilities of a Padilla defend the citizens of Castile from falling
under the yoke of Charles; yet a Tell once suddenly rose from a
little obscure city, and boldly rescued the liberties of his country.—Every
age has its Bruti and its Decii, as well as its Caesars
and Sejani:—The happiness of mankind depends much on the
modes of government, and the virtues of the governors; and
America may yet produce characters who have genius and capacity
sufficient to form the manners and correct the morals of
the people, and virtue enough to lead their country to freedom.
Since their dismemberment from the British empire, America
has, in many instances, resembled the conduct of a restless, vigorous,
luxurious youth, prematurely emancipated from the authority
of a parent, but without the experience necessary to direct
him to act with dignity or discretion. Thus we have seen
her break the shackles of foreign dominion, and all the blessings
of peace restored on the most honourable terms: She acquired
the liberty of framing her own laws, choosing her own magistrates,
and adopting manners and modes of government the most
favourable to the freedom and happiness of society. But how
little have we availed ourselves of these superior advantages:
The glorious fabric of liberty successfully reared with so much
labor and assiduity totters to the foundation, and may be blown
away as the bubble of fancy by the rude breath of military combinations,
and politicians of yesterday.
It is true this country lately armed in opposition to regal despotism—impoverished
by the expences of a long war, and unable
immediately to fulfil their public or private engagements
that appeared in some instances, with a boldness of spirit that
seemed to set at defiance all authority, government, or order, on
the one hand; while on the other, there has been, not only a secret
wish, but an open avowal of the necessity of drawing the reins
of government much too taut, not only for a republicanism,
but for a wise and limited monarchy.—But the character of this
people is not averse to a degree of subordination, the truth of
this appears from the easy restoration of tranquility, after a dangerous
insurrection in one of the states; this also evinces a little
necessity of a complete revolution of government throughout the
union. But it is a republican principle that the majority should
rule; and if a spirit of moderation should be cultivated on both
sides, till the voice of the people at large could be fairly heard
it should be held sacred.—And if, on such a scrutiny, the proposed
constitution should appear repugnant to their character
and wishes; if they, in the language of a late elegant pen, should
acknowledge that “no confusion in my mind, is more terrible to
them than the stern disciplined regularity and vaunted police of
arbitrary governments, where every heart is depraved by fear,
where mankind dare not assume their natural characters, where
the free spirit must crouch to the slave in office, where genius
must repress her effusions, or like the Egyptian worshippers,
offer them in sacrifice to the calves in power, and where the human
mind, always in shackles, shrinks from every generous effort.”
Who would then have the effrontery to say, it ought not
to be thrown out with indignation, however some respectable
names have appeared to support it.—But if after all, on a dispassionate
and fair discussion, the people generally give their
voice for a voluntary dereliction of their privileges, let every individual
who chooses the active scenes of life, strive to support
the peace and unanimity of his country, though every other blessing
may expire—And while the statesman is plodding for power,
and the courtier practising the arts of dissimulation without
check—while the rapacious are growing rich by oppression, and
fortune throwing her gifts into the lap of fools, let the sublimer
characters, the philosophic lovers of freedom who have wept
over her exit, retire to the calm shades of contemplation, there
they may look down with pity on the inconsistency of human
nature, the revolutions of states, the rise of kingdoms, and the
fall of empires.
- pg 5 Changed: behold the insiduous arts
to: behold the insidious arts
- pg 8 Changed: though they may be darkned
to: though they may be darkened
- pg 8 Changed: an imprimator on the Press
to: an imprimatur on the Press
- pg 8 Changed: bids his readers pauze
to: bids his readers pause
- pg 8 Changed: the fewdatory systems of France
to: the feudatory systems of France
- pg 10 Changed: the appelate jurisdiction
to: the appellate jurisdiction
- pg 12 Changed: Italian master in politicks
to: Italian master in politics
- pg 12 Changed: subtle and renouned
to: subtle and renowned
- pg 20 Changed: government much too taught
to: government much too taut