To the Massachusetts Convention.
Gentlemen,
Truly deplorable, in point of argument, must be that cause, in whose
defence persons of acknowledged learning and ability can say nothing
pertinent. When they undertake to prove that the person elected is the
safest person in the world to controul the exercise of the elective
powers of his constituents, we know what dependence is to be had upon
their reasonings. Yet we have seen attempts to shew, that the fourth
section of the proposed constitution, is an additional security to our
rights. It may be such in the view of a Rhode-Island family (I think
that state is quoted) who have been for some time in the minority: but
it is extraordinary, that an enlightened character in the
Massachusetts should undertake to prove, that, from a single instance
of abuse in one state, another state ought to resign its liberty. Can
any man, in the free exercise of his reason, suppose. that he is
perfectly represented in the legislature, when that legislature may at
pleasure alter the time, manner, and place of election. By altering
the time they may continue a representative during his whole life; by
altering the manner, they may fill up the vacancies by their own votes
without the consent of the people; and by altering the place, all the
elections maybe made at the seat of the federal government. Of all the
powers of government perhaps this is the most improper to be
surrendered. Such an article at once destroys the whole check which
the constituents have upon their rulers. I should be less zealous upon
this subject, if the power had not been often abused. The senate of
Venice, the regencies of Holland, and the British parliament have all
abused it. The last have not yet perpetuated themselves; but they have
availed themselves repeatedly of popular commotions to continue in
power. Even at this day we find attempts to vindicate the usurpation
by which they continued themselves from three to seven years. All the
attempts, and many have been made, to return to triennial elections,
have proved abortive. These instances are abundantly sufficient to
shew with what jealousy this right ought to be guarded. No sovereign
on earth need be afraid to declare his crown elective, while the
possessor has the right to regulate the time, manner, and place of
election. It is vain to tell us. that the proposed government
guarantees to each state a republican form. Republics are divided into
democraticks, and aristocraticks. The establishment of an order of
nobles. in whom should reside all the power of the state, would be an
aristocratic republick. Such has been for five centuries the
government of Venice, in which all the energies of government, as well
as of individuals. have been cramped by a distressing jealousy that
the rulers have of each other. There is nothing of that generous,
manly confidence that we see in the democratick republicks of our own
country. It is a government of force. attended with perpetual fear of
that force. In Great-Britain, since the lengthening of parliaments,
all our accounts agree. that their elections are a continued scene of
bribery, riot and tumult; often a scene of murder. These are the
consequences of choosing seldom, and for extensive districts. When the
term is short. nobody will give an high price for a seat. It is an
insufficient answer to these objections to say. that there is no power
of government but may sometimes be applied to bad purposes. Such a
power is of no value unless it is applied to a bad purpose. It ought
always to remain with the people. The framers of our state
constitution were so jealous of this right, that they fixed the days
for election. meeting and dissolving of the legislature, and of the
other officers of government. In the proposed constitution not one of
these points is guarded. though more numerous and extensive powers are
given them than to any state legislature upon the continent. For
Congress is at present possessed of the direction of the national
force, and most other national powers, and in addition to them are to
be vested with all the powers of the individual states, unrestrained
by any declarations of right. If these things are for the security of
our constitutional liberty, I trust we shall soon see an attempt to
prove that the government by an army will be more friendly to liberty
than a system founded in consent, and that five states will make a
majority of thirteen. The powers of controlling elections, of creating
exclusive companies in trade, of internal legislation and taxations
ought. upon no account, to be surrendered. I know it is a common
compklaint, that Congress want more power, But where is the limited
government that does not want it? Ambition is in a governour what
money is to a misarÐÐhe can never accumulate enough. But it is as
true in politicks as in morals, he that is unfaithful in little, will
be unfaithful also in much. He who will not exercise the powers he
has, will never property use more extensive powers. The framing
entirely new systems, is a work that requires vast attention; and it
is much easier to guard an old one. It is infinitely better to reject
one that is unfriendly to liberty, and rest for a while satisfied with
a system that is in some measure defective, than to set up a
government unfriendly to the rights of states. and to the rights of
individuals—one that is undefined in its powers and operations. Such
is the government proposed by the federal convention, and such. we
trust, you will have the wisdom and firmness to reject.
Agrippa.