written by "AN OLD WHIG", and is taken from The New-York
Journal of November 27, 1787.
It appears to me that I was mistaken in supposing that we could so very
easily make trial of this constitution, and again change it at our pleasure. The
conventions of the several states cannot propose any alterations—they are only
to give their assent and ratification. And after the constitution is once
ratified, it must remain fixed until two thirds of both the houses of Congress
shall deem it necessary to propose amendments; or the legislatures of two thirds
of the several states shall make application to Congress for the calling a
convention for proposing amendments—which amendments shall not be valid until
they are ratified by the legislatures of three fourths of the several states, or
by conventions in three fourths thereof, as one or the other mode of
ratification may be proposed by Congress. This appears to me to be only a
cunning way of saying that no alteration shall ever be made; so that whether it
is a good constitution or a bad constitution, it will remain forever unamended.
Lycurgus, when he promulgated his laws to the Spartans, made them swear that
they would make no alterations in them until he should return from a journey
which he was then about to undertake. He chose never to return, and therefore no
alteration could be made in his laws. The people were made to believe that they
could make trial of his laws for a few months or years, during his absence, and
as soon as he returned they could continue to observe them or reject at
pleasure. Thus this celebrated republic was in reality established by a trick.
In like manner the proposed constitution holds out a prospect of being subject
to be changed if it be found necessary or convenient to change it; but the
conditions upon which an alteration can take place, are such as in all
probability will never exist. The consequence will be that when the constitution
is once established it never can be altered or amended without some violent
convulsion or civil war.
The conditions, I say, upon which any alterations can take place, appear to
me to be such as never will exist. Two thirds of both houses of congress, or the
legislatures of two thirds of the states, must agree in desiring a convention to
be called. This will probably never happen. But if it should happen, then the
convention may agree to the amendments or not, as they think right; and after
all three fourths of the states must ratify the amendments. Before all this
labyrinth can be traced to a conclusion, ages will revolve, and perhaps the
great principles upon which our late glorious revolution was founded, will be
totally forgotten. If the principles of liberty are not firmly fixed and
established in the present constitution, in vain may we hope for retrieving them
hereafter. People once possessed of power are always loathe to part with it; and
we shall never find two thirds of a Congress voting or proposing anything which
shall derogate from their own authority and importance, or agreeing to give back
to the people any part of those privileges which they have once parted with—so
far from it, that the greater occasion there may be for a reformation, the less
likelihood will there be of accomplishing it. The greater the abuse of power,
the more obstinately is it always persisted in. As to any expectation of two
thirds of the legislatures concurring in such a request, it is if possible still
more remote. The legislatures of the states will be but forms and shadows, and
it will be the height of arrogance and presumption in them, to turn their
thoughts to such high subjects. After this constitution is once established, it
is too evident that we shall be obliged to fill up the offices of assemblymen
and councillors, as we do those of constables, by appointing men to serve
whether they will or not, and fining them if they refuse. The members thus
appointed, as soon as they can hurry through a law or two for repairing
highways, or impounding cattle, will conclude the business of their sessions as
suddenly as possible, that they may return to their own business. Their heads
will not be perplexed with the great affairs of state. We need not expect two
thirds of them ever to interfere in so momentous a question as that of calling a
continental convention. The different legislatures will have no communication
with one another, from the time of the new constitution being ratified to the
end of the world. Congress will be the great focus of power as well as the great
and only medium of communication from one state to another. The great and the
wise and the mighty will be in possession of places and offices; they will
oppose all changes in favor of liberty; they will steadily pursue the
acquisition of more and more power to themselves and their adherents.…
AN OLD WHIG
