On Constitutional Conventions—Part II
by
Antifederalists sought a second constitutional convention immediately after
conclusion of the first. This essay by "AN OLD WHIG", is from either
The Freeman's Journal or The North-American Intelligencer, of November 28, 1787.
It is true that the Continental Convention have directed their proposed
constitution to be laid before a Convention of Delegates to be chosen in each
state "for their assent and ratification," which seems to preclude the
idea of any power in the several Conventions of proposing any alterations; or,
indeed, even of rejecting the plan proposed if they should disapprove of it.
Still, however, the question recurs, what authority the late Convention had to
bind the people of the United States to any particular form of government, or to
forbid them to adopt such form of government, as they should think fit. I know
it is a language frequent in the mouths of some heaven-born Phaetons among
us—who, like the son of Apollo, think themselves entitled to guide the chariot
of the sun—that common people have no right to judge of the affairs of
government; that they are not fit for it; that they should leave these matters
to their superiors. This, however, is not the language of men of real
understanding, even among the advocates for the proposed Constitution; but these
still recognize the authority of the people, and will admit, at least in words,
that the people have a right to be consulted. Then I ask, if the people in the
different states have a right to be consulted in the new form of continental
government, what authority could the late Convention have to preclude them from
proposing amendments to the plan they should offer? Had the Convention any right
to bind the people to the form of government they should propose? Let us
consider this matter.
The late Convention were chosen by the General Assembly of each state. They
had the sanction of Congress. For what? To consider what alterations were
necessary to be made in the articles of Confederation. What have they done? They
have made a new Constitution for the United States. I will not say that in doing
so they have exceeded their authority; but, on the other hand, I trust that no
man of understanding among them will pretend to say that anything they did, or
could do, was of the least avail to lessen the right of the people to judge for
themselves in the last resort. This right is perhaps unalienable; but, at all
events, there is no pretense for saying that this right was ever meant to be
surrendered up into the hands of the late Continental Convention. The people
have an undoubted right to judge of every part of the government which is
offered to them. No power on earth has a right to preclude them; and they may
exercise this choice either by themselves or their delegates legally chosen in
the state Convention. I venture to say that no man, reasoning upon Revolution
principles, can possibly controvert this right.
Indeed, very few go so far as to controvert the right of the people to
propose amendments. But we are told the thing is impracticable; that if we begin
to propose amendments there will be no end to them; that the several states will
never agree in their amendments; that we shall never unite in any plan; that if
we reject this, we shall either have a worse one or none at all; that we ought
therefore to adopt this at once without alteration or amendment. Now, these are
very kind gentlemen who insist upon doing so much good for us, whether we will
or not. Idiots and maniacs ought certainly to be restrained from doing
themselves mischief, and ought to be compelled to that which is for their own
good. Whether the people of America are to be considered in this light and
treated accordingly, is a question which deserves, perhaps, more consideration
than it has yet received. A contest between the patients and their doctors,
which are mad or which are fools, might possibly be a very unhappy one. I hope
at least that we shall be able to settle this important business without so
preposterous a dispute. What then would you have us do, it may be asked? Would
you have us adopt the proposed constitution or reject it? The method I would
propose is this:
1. Let the conventions of each state, as they meet, after considering the
proposed constitution, state their objections and propose their amendments. So
far from these objections and amendments clashing with each other in
irreconcilable discord, as it has too often been suggested they would do, that
from what has been hitherto published in the different states in opposition to
the proposed constitution we have a right to expect that they will harmonize in
a very great degree. The reason I say so is that about the same time, in very
different parts of the continent, the very same objections have been made, and
the very same alterations proposed by different writers, who I verily believe
know nothing at all of each other and were very far from acting by a
premeditated concert; and that others who have not appeared as writers in the
newspapers in the different states, have appeared to act and speak in perfect
unison with those objections and amendments, particularly in the article of a
bill of rights; that in short, the very same sentiments seem to have been echoed
from the different parts of the continent by the opposers of the proposed
constitution. And these sentiments have been very little contradicted by its
friends, otherwise than by suggesting their fears that by opposing the
constitution at present proposed, we might be disappointed of any federal
government, or receive a worse one than the present. It would be a most
delightful surprise to find ourselves all of one opinion at last. And I cannot
forbear hoping that when we come fairly to compare our sentiments, we shalt find
ourselves much more nearly agreed, than in the hurry and surprise in which we
have been involved on this subject, we ever suffered ourselves to imagine.
2. When the conventions have stated these objections and amendments, let them
transmit them to congress, and adjourn, praying that congress will direct
another convention to be called from the different states, to consider of these
objections and amendments, and pledging themselves to abide by whatever decision
shall be made by such future convention on the subject whether it be to amend
the proposed constitution or to reject any alterations, and ratify it as it
stands.
3. If a new convention of the United States should meet, and revise the
proposed constitution, let us agree to abide by their decision. It is past a
doubt that every good citizen of America pants for an efficient federal
government. T have no doubt we shall concur at last in some plan of continental
government, even if many people could imagine exceptions to it. But if the
exceptions which are made at present shall be maturely considered, and even be
pronounced by our future representatives as of no importance (which I trust they
will not), even in that case I have no doubt that almost every man will give up
his own private opinion and concur in that decision.
4. If, by any means, another continental convention should fail to meet, then
let the conventions of the several states again assemble and at last decide the
great solemn question, whether we shall adopt the constitution now proposed or
reject it. And whenever it becomes necessary to decide upon this point one, at
least, who from the beginning has been invariably anxious for the liberty and
independence of this country, will concur in adopting and supporting this
constitution, rather than none; though, I confess, I could easily imagine some
other form of confederation which I should think better entitled to my hearty
approbation, and indeed I am not afraid of a worse.
AN OLD WHIG