What Does History Teach? (Part 1)
Reprinted from the [Philadelphia] Independent Gazetteer.
by An Old Whig
.… By the proposed constitution, every law, before it
passes, is to undergo repeated revisions; and the constitution of every state in
the union provide for the revision of the most trifling laws, either by their
passing through different houses of assembly and senate, or by requiring them to
be published for the consideration of the people. Why then is a constitution
which affects all the inhabitants of the United States—which is to be the
foundation of all laws and the source of misery or happiness to one-quarter of
the globe—why is this to be so hastily adopted or rejected, that it cannot admit
of a revision? If a law to regulate highways requires to be leisurely considered
and undergo the examination of different bodies of men, one after another,
before it be passed, why is it that the framing of a constitution for the
government of a great people—a work which has been justly considered as the
greatest effort of human genius, and which from the beginning of the world has
so often baffled the skill of the wisest men in every age—shall be considered as
a thing to be thrown out, in the first shape which it may happen to assume?
Where is the impracticability of a revision? Cannot the same power which called
the late convention call another? Are not the people still their own masters?
If, when the several state conventions come to consider this constitution, they
should not approve of it, in its present form, they may easily apply to congress
and state their objections. Congress may as easily direct the calling another
convention, as they did the calling the last. The plan may then be reconsidered,
deliberately received and corrected, so as to meet the approbation of every
friend to his country. A few months only will be necessary for this purpose; and
if we consider the magnitude of the object, we shall deem it well worth a little
time and attention. It is Much better to pause and reflect before hand, than to
repent when it is too late; when no peaceable remedy will be left us, and
unanimity will be forever banished. The struggles of the people against a bad
government, when it is once fixed, afford but a gloomy picture in the annals of
mankind, They are often unfortunate; they are always destructive of private and
public happiness; but the peaceable consent of a people to establish a free and
effective government is one of the most glorious objects that is ever exhibited
on the theater of human affairs. Some, I know, have objected that another
convention will not be likely to agree upon anything—I am far however from being
of that opinion. The public voice calls so loudly for a new constitution that I
have no doubt we shall have one of some sort. My only fear is that the
impatience of the people will lead them to accept the first that is offered them
without examining whether it is right or wrong. And after all, if a new
convention cannot agree upon any amendments in the constitution, which is at
present proposed, we can still adopt this in its present form; and all further
opposition being vain, it is to be hoped we shall be unanimous in endeavouring
to make the best of it. The experiment is at least worth trying, and I shall be
much astonished, if a new convention called together for the purpose of revising
the proposed constitution, do not greatly reform it …
It is beyond a doubt that the new federal constitution, if
adopted, will in a great measure destroy, if it does not totally annihilate, the
separate governments of the several states. We shall, in effect, become one
great republic. Every measure of any importance will be continental. What will
be the consequence of this? One thing is evident—that no republic of so great
magnitude ever did or ever can exist. But a few years elapsed, from the time in
which ancient Rome extended her dominions beyond the bounds of Italy, until the
downfall of her republic. And all political writers agree, that a republican
government can exist only in a narrow territory. But a confederacy of different
republics has, in many instances, existed and flourished for a long time
together. The celebrated Helvetian league, which exists at this moment in full
vigor, and with unimpaired strength, while its origin may be traced to the
confines of antiquity, is one among many examples on this head; and at the same
time furnishes an eminent proof of how much less importance it is, that the
constituent parts of a confederacy of republics may be rightly framed, than it
is that the confederacy itself should be rightly organized. For hardly any two
of the Swiss cantons have the same form of government, and they are almost
equally divided in their religious principles, which have so often rent asunder
the firmest establishments. A confederacy of republics must be the establishment
in America, or we must cease altogether to retain the republican form of
government. From the moment we become one great republic, either in form or
substance, the period is very shortly removed when we shall sink first into
monarchy, and then into despotism.… If the men who at different times have
been entrusted to form plans of government for the world, had been really
actuated by no other motives than the public good, the condition of human nature
in all ages would have been widely different from that which has been exhibited
to us in history. In this country perhaps we are possessed of more than our
share of political virtue. If we will exercise a little patience and bestow our
best endeavors on the business, I do not think it impossible, that we may yet
form a federal constitution much superior to any form of government which has
ever existed in the world. But whenever this important work shall be
accomplished, I venture to pronounce that it will not be done without a careful
attention to the Framing of a bill of rights.…
In different nations, we find different grants or reservations
of privileges appealed to in the struggles between the rulers and the people;
many of which, in the different nations of Europe, have long since been
swallowed up and lost by time, or destroyed by the arbitrary hand of power. In
England, we find the people, with the barons at their head, exacting a solemn
resignation of their rights from King John, in their celebrated magna charta,
which was many times renewed in Parliament during the reigns of his successors.
The petition of rights was afterwards consented to by Charles I and contained a
declaration of the liberties of the people. The habeas corpus act, after the
restoration of Charles 11, the bill of rights, which was obtained of the Prince
and Princess of Orange, on their accession to the throne, and the act of
settlement, at the accession of the Hanover family—are other instances to show
the care and watchfulness of that nation to improve every Opportunity, of the
reign of a weak prince or the revolution in their government, to obtain the most
explicit declarations in favor of their liberties. In like manner the people of
this country, at the revolution, having all power in their own hands, in forming
the constitutions of the several states, took care to secure themselves, by
bills of rights, so as to prevent as far as possible the encroachments of their
future rulers upon the rights of the people. Some of these rights are said to be
unalienable, such as the rights of conscience. Yet even these have been often
invaded, where they have not been carefully secured, by express and solemn bills
and declarations in their favor.
Before we establish a government, whose acts will be the supreme
law of the land, and whose power will extend to almost every case without
exception, we ought carefully to guard ourselves by a bill of rights, against
the invasion of those liberties which it is essential for us to retain, which it
is of no real use for government to deprive us of; but which, in the course of
human events, have been too often insulted with all the wantonness of an idle
barbarity.
An Old Whig