by James Winthrop, Agrippa
To the People.
Having considered some of the principal advantages of the happy form of
government under which it is our peculiar good fortune to live, we find by
experience, that it is the best calculated of any form hitherto invented, to
secure to us the rights of our persons and of our property, and that the
general circumstances of the people shew an advanced state of improvement never
before known. We have found the shock given by the war in a great measure
obliterated, and the publick debt contracted at that time to be considerably
reduced in the nominal sum. The Congress lands are fully adequate to the
redemption of the principal of their debt, and are selling and populating very
fast. The lands of this state, at the west, are, at the moderate price of
eighteen pence an acre, worth near half a million pounds in our money. They
ought, therefore, to be sold as quick as possible. An application was made
lately for a large tract at that price, and continual applications are made for
other lands in the eastern part of the state. Our resources are daily
augmenting.
We find, then, that after the experience of near two centuries our separate
governments are in full vigour. They discover, for all the purposes of internal
regulation, every symptom of strength, and none of decay. The new system is,
therefore, for such purposes, useless and burdensome.
Let us now consider how far it is practicable consistent with the happiness
of the people and their freedom. It is the opinion of the ablest writers on the
subject, that no extensive empire can be governed upon republican principles,
and that such a government will degenerate to a despotism, unless it be made up
of a confederacy of smaller states, each having the full powers of internal
regulation. This is precisely the principle which has hitherto preserved our
freedom. No instance can be found of any free government of considerable extent
which has been supported upon any other plan. Large and consolidated empires
may indeed dazzle the eyes of a distant spectator with their splendour, but if
examined more nearly are always found to be full of misery. The reason is
obvious. In large states the same principles of legislation will not apply to
all the parts. The inhabitants of warmer climates are more dissolute in their
manners, and less industrious, than in colder countries. A degree of severity
is, therefore, necessary with one which would cramp the spirit of the other. We
accordingly find that the very great empires have always been despotick. They
have indeed tried to remedy the inconveniences to which the people were exposed
by local regulations; but these contrivances have never answered the end. The
laws not being made by the people, who felt the inconveniences, did not suit
their circumstances. It is under such tyranny that the Spanish provinces
languish, and such would be our misfortune and degradation, if we should submit
to have the concerns of the whole empire managed by one legislature. To promote
the happiness of the people it is necessary that there should be local laws;
and it is necessary that those laws should be made by the representatives of
those who are immediately subject to the want of them. By endeavouring to suit
both extremes, both are injured.
It is impossible for one code of laws to suit Georgia and Massachusetts.
They must, therefore, legislate for themselves. Yet there is, I believe, not
one point of legislation that is not surrendered in the proposed plan.
Questions of every kind respecting property are determinable in a continental
court, and so are all kinds of criminal causes. The continental legislature
has, therefore, a right to make rules in all cases by which their
judicial courts shall proceed and decide causes. No rights are reserved to the
citizens. The laws of Congress are in all cases to be the supreme law of the
land, and paramount to the constitutions of the individual states. The Congress
may institute what modes of trial they please, and no plea drawn from the
constitution of any state can avail. This new system is, therefore, a
consolidation of all the states into one large mass, however diverse the parts
may be of which it is to be composed. The idea of an uncompounded republick, on
an average, one thousand miles in length, and eight hundred in breadth, and
containing six millions of white inhabitants all reduced to the same standard
of morals, or habits, and of laws, is in itself an absurdity, and contrary to
the whole experience of mankind. The attempt made by Great-Britain to introduce
such a system, struck us with horrour, and when it was proposed by some
theorist that we should be represented in parliament, we uniformly declared
that one legislature could not represent so many different interests for the
purposes of legislation and taxation. This was the leading principle of the
revolution, and makes an essential article in our creed. All that part,
therefore, of the new system, which relates to the internal government of the
states, ought at once to be rejected.
Agrippa.