Observations on the New Constitution, and on the Foederal and State Conventions

MANKIND may amuſe themſelves with theoretic ſyſtems of liberty, and trace its ſocial and moral effects on ſciences, virtue, induſtry, and every improvement of which the human mind is capable; but we can only diſcern its true value by the practical and wretched effects of ſlavery; and thus dreadfully will they be realized when the inhabitants of the Eaſtern States are dragging out a miſerable exiſtence only on the gleanings of their fields; and the Southern, bleſſed with a ſofter and more fertile climate, are languiſhing in hopeleſs poverty; and when aſked, what is become of the flower of their crop, and the rich produce of their farms—they may anſwer in the hapleſs ſtile of the Man of La Mancha—"The ſteward of my Lord has ſeized and ſent it to Madrid."—Or, in the moral literal language of truth—the exigencies of government require, that the collectors of the revenue ſhould tranſmit it to the Federal City.

Animated with the firmeſt zeal for the intereſt of this country, the peace and union of the American States, and the freedom and happineſs of a people who have made the moſt coſtly ſacrifices in the cauſe of liberty—who have braved the power of Britain, weathered the convulſions of war, and waded through the blood of friends and foes to eſtabliſh their independence, and to ſupport the freedom of the human mind, I cannot ſilently witneſs this degradation without calling on them, before they are compelled to bluſh at their own ſervitude, and to turn back their languid eyes on their loſt liberties—to c••ſider, that the character of nations generally changes at the moment of revolution. And when patriotiſm is diſcountenanced, and public virtue becomes the ridicule of the ſycophant— when every man of liberality, firmneſs, and penetration, who cannot lick the hand ſtretched out to oppreſs, is deemed an enemy to the State—then is the gulph of deſ•otiſm ſet open, and the grades to ſlavery, though rapid, are ſcarce perceptible—then genius drags heavily its iron chain—ſcience is neglected, and real merit flies to the ſhades for ſecurity from reproach—the mind becomes enervated, and the national character ſinks to a kind of apathy, with only energy ſufficient to curſe the breaſt that gave it milk, and as an elegant writer obſerves, "To bewail every new birth as an encreaſe of miſery, under a government where the mind is neceſſarily debaſed, and talents are ſeduced to become the panegyriſts of uſurpation and tyranny." He adds, "That even ſedition is not the moſt indubitable enemy to the public welfare; but that its moſt dreadful foe is deſpotiſm, which always changes the character of nations for the worſe, and is productive of nothing but vice; that the tyrant no longer excites to the purſuits of glory or virtue; it is not talents, it is baſeneſs and ſervility that he cheriſhes, and the weight of arbitrary power deſtroys the ſpring of emulation." If ſuch is the influence of government on the character and manners, and undoubtedly the obſervation is juſt, muſt we not ſubſcribe to the opinion of the celebrated Abbe Mable? "That there are diſagreeable ſeaſons in the unhappy ſituation of human affairs, when policy requires both the intention and the power of doing miſchief to be puniſhed; and that when the ſenate proſcribed the memory of Caeſar they ought to have put Anthony to death, and extinguiſhed the hopes of Octavius." Self defence is a primary law of nature, which no ſubſequent law of ſociety can aboliſh; this primoeval principle, the immediate gift of the Creator, obliges every one to remonſtrate againſt the ſtrides of ambition, and a wanton luſt of domination, and to reſiſt the firſt approaches of tyranny, which at this day threaten to ſweep away the rights for which the brave ſons of America have fought with an heroiſm ſcarcely paralleled even in ancient republics. It may be repeated, they have purchaſed it with their blood, and have gloried in their independence with a dignity of ſpirit which has made them the admiration of philoſophy, the pride of America, and the wonder of Europe. It has been obſerved, with great propriety, that the virtues and vices of a people, when a revolution happens in their government, are the meaſure of the liberty or ſlavery they ought to expect. An heroic love for the public good, a profound reverence for the laws, a contempt of riches, and a noble haughtineſs of ſoul, are the only foundations of a free government. Do not theſe dignified principles ſtill exiſt among us? Or are they extinguiſhed in the breaſts of Americans, whoſe fields have been ſo recently crimſoned to repel the potent arm of a foreign Monarch, who had planted his enſigns of ſlavery in every city, with deſign to eraſe the veſtiges of freedom in this his laſt aſylum. It is yet to be hoped, for the honour of human nature, that no combinations, either foreign or domeſtic, have thus darkened this Weſtern hemiſphere. On theſe ſhores freedom has planted her ſtandard, dipped in the purple tide that flowed from the veins of her martyred heroes; and here every uncorrupted American yet hopes to ſee it ſupported by the vigour, the juſtice, the wiſdom, and unanimity of the people, in ſpite of the deep-laid plots, the ſecret intrigues, or the bold effrontery of thoſe intereſted and avaricious adventurers for place, who, intoxicated with ideas of diſtinction and preferment, have proſtrated every worthy principle beneath the ſhrine of ambition. Yet theſe are the men who tell us, republicaniſm is dwindled into theory—that we are incapable of enjoying our liberties—and that we muſt have a maſter. Let us retroſpect the days of our adverſity, and recollect who were then our friends; do we find them among the ſticklers for ariſtocratic authority? No—they were generally the ſame men who now wiſh to ſave us from the diſtractions of anarchy on the one hand, and the jaws of tyranny on the other; where then were the claſs who now come forth importunately urging that our political ſalvation depends on the adoption of a ſyſtem at which freedom ſpurns? Were not ſome of them hidden in the corners or obſcurity, and others wrapping themſelves in the boſom of our enemies for ſafety? Some of them were in the arms of infancy, and others ſpeculating for fortune, by ſporting with public money, while a few, a very few of them were magnanimouſly defending their country, and raiſing a character which I pray heaven may never be ſullied by aiding meaſures derogatory to their former exertions. But the revolutions in principle which time produces among mankind, frequently exhibit the moſt mortifying inſtances of human weakneſs; and this alone can account for the extraordinary appearance of a few names, once diſtinguiſhed in the honorable walks of patriotiſm, but now found on the liſt of the Maſſachuſetts aſſent to the ratification of a Conſtitution, which, by the undefined meaning of ſome parts, and the ambiguities of expreſſion in others, is dangerouſly adapted to the purpoſes of an immediate ariſtocratic tyranny; that from the difficulty, if not impracticability of its operation, muſt ſoon terminate in the moſt uncontrouled deſpotiſm.

All writers on government agree, and the feelings of the human mind witneſſes the truth of theſe political axioms, that man is born free, and poſſeſſed of certain unalienable rights—that government is inſtituted for the protection, ſafety, and happineſs of the people, and not for the profit, honour, or private intereſt of any man, family, or claſs of men. That the origin of all power is in the people, and that they have an inconteſtible right to check the creatures of their own creation, veſted with certain powers to guard the life, liberty, and property of the community: And if certain ſelected bodies of men, deputed on theſe principles, determine contrary to the wiſhes and expectations of their conſtituents, the people have an undoubted right to reject their deciſions, to call for a reviſion of their conduct, to depute others in their room, or, if they think proper, to demand further time for deliberation on matters, of the greateſt moment: it therefore is an unwarrantable ſtretch of authority or influence, if any methods are taken to preclude this reaſonable and peaceful mode of enquiry and deciſion. And it is with inexpreſſible anxiety, that many of the beſt friends to the Union—to the peaceable and equal participation of the rights of nature, and to the glory and dignity of this country, behold the inſidious arts, and the ſtrenuous efforts of the partiſans of arbitrary power, by their vague definitions of the beſt eſtabliſhed truths, endeavouring to envelope the mind in darkneſs—the concomitant of ſlavery; and to lock the ſtrong chains of domeſtic deſpotiſm on a country, which, by the moſt glorious and ſucceſsful ſtruggles, is but newly emancipated from the ſceptre of foreign dominion. But there are certain ſeaſons in the courſe of human affairs, when Genius, Virtue, and Patriotiſm, ſeem to no• over the vices of the times, and perhaps never more remarkably than at the preſent period, or we ſhould not ſee ſuch a paſſive diſpoſition prevail in ſome, who we muſt candidly ſuppoſe have liberal and enlarged ſentiments; while a ſupple multitude are paying a blind and idolatrous homage to the opinions of thoſe, who, by the moſt precipitate ſteps, are treading down their dear-bought privileges, and who are endeavouring, by all the arts of inſinuation and influence, to betray the people of the United States into an acceptance of a moſt complicated ſyſtem of government, marked on the one ſide with the dark, ſecret, and profound intrigues of the ſtateſman, long practiſed in the purlieus of deſpotiſm; and on the other, with the ideal projects of young ambition, with its wings juſt expanded to ſoar to a ſummit which imagination has painted in ſuch gawdy colours as to intoxicate the inexperienced votary, and ſend him rambling from State to State, to collect materials to conſtruct the ladder of preferment.

But as a variety of objections to the heterogeneous phantom, have been repeatedly laid before the public, by men of the beſt abilities and intentions, I will not expatiate long on a Republican form of government, founded on the principles of monarchy—a democratic branch with the features of ariſtocracy—and the extravagance of nobility pervading the minds of many of the candidates for office, with the poverty of peaſantry hanging heavily on them, and inſurmountable, from their taſte for expence, unleſs a generous proviſion ſhould be made in the arrangement of the civil liſt, which may enable them with the champions of their cauſe, to "ſail down the new Pactolean channel." Some gentlemen, with laboured zeal, have ſpent much time in urging the neceſſity of government, from the embarraſſments of trade—the want of reſpectability abroad, and confidence in the public engagements at home: Theſe are obvious truths which no one denies; and there are few who do not unite in the general wiſh for the reſtoration of public faith, the revival of commerce, arts, agriculture, and induſtry, under a lenient, peaceable, and energetic government: But the moſt ſagacious advocates for the party have not, by fair diſcuſſion, and rational argumentation, evinced the neceſſity of adopting this many-headed monſter; of ſuch motley mixture, that its enemies cannot trace a feature of Democratic or Republican extract; nor have its friends the courage to denominate it a Monarchy, an Ariſtocracy, or an Oligarchy, and the favoured bantling muſt have paſſed through the ſhort period of its exiſtence without a name, had not Mr. Wilſon, in the fertility of his genius, ſuggeſted the happy epithet of a Federal Republic. But I leave the field of general cenſure on the ſecrecy of its birth, the rapidity of its growth, and the fatal conſequences of ſuffering it to live to the age of maturity, and will particularize ſome of the moſt weighty objections to its paſſing through this continent in a gigantic ſize.—It will be allowed by every one, that the fundamental principle of a free government, is the equal repreſentation of a free people.—And I will firſt obſerve with a juſtly celebrated writer, That the principle aim of ſociety is to protect individuals in the abſolute rights which were veſted in them by the immediate laws of nature, but which could not be preſerved in peace, without the mutual intercourſe which is gained by the inſtitution of friendly and ſocial communities. —And when ſociety has thus deputed a certain number of their equals to take care of their perſonal rights, and the intereſt of the whole community, it muſt be conſidered that reſponſibility is the great ſecurity of integrity and honour; and that annual election is the baſis of reſponſibility.—Man is not immediately corrupted, but power, without limitation, or ameanability, may endanger the brighteſt virtue—whereas a frequent return to the bar of their conſtituents is the ſtrongeſt check againſt the corruptions to which men are liable, either from the intrigues of others of more ſubtil genius, or the propenſities of their own hearts—and the gentlemen who have ſo warmly advocated in the late Convention of the Maſſachuſetts, the change from annual to biennial elections; may have been in the ſame predicament, and perhaps with the ſame views that Mr. Hutchinſon once acknowledged himſelf, when in a letter to Lord Hillſborough he obſerved, that the grand difficulty of making a change in government againſt the general bent of the people had cauſed him to turn his thoughts to a variety of plans, in order to find one that might be executed in ſpite of oppoſition, and the firſt he propoſed was, that "inſtead of annual, the elections ſhould be only once in three years:" But the miniſter had not the hardineſs to attempt ſuch an innovation, even in the reviſion of colonial charters: Nor has any one ever defended biennial, triennial, or ſeptennial elections, either in the Britiſh houſe of commons, or in the debates of provincial aſſemblies, on general and free principles: But it is unneceſſary to dwell long on this article, as the beſt political writers have ſupported the principles of annual elections with a preciſion that cannot be confuted, though they may be darkened by the ſophiſtical arguments that have been thrown out with deſign, to undermine all the barriers of freedom.

2. There is no ſecurity in the profered ſyſtem, either for the rights of conſcience, or the liberty of the preſs:— Deſpotiſm uſually, while it is gaining ground; will ſuffer men to think, ſay, or write what they pleaſe; but when once eſtabliſhed, if it is thought neceſſary to ſubſerve the purpoſes of arbitrary power, the moſt unjuſt reſtrictions may take place in the firſt inſtance, and an imprimator on the preſs in the next, may ſilence the complaints, and forbid the moſt decent remonſtrances of an injured and oppreſſed people.

3. There are no well defined limits of the judiciary powers, they ſeem to be left as a boundleſs ocean, that has broken over the chart of the ſupreme lawgiver, "thus far ſhalt thou go and no farther," and as they cannot be comprehended by the cleareſt capacity, or the moſt ſagacious mind, it would be an Herculean labour to attempt to deſcribe the dangers with which they are replete.

4. The executive and the legiſlative are ſo dangerouſly blended as to give juſt cauſe of alarm, and every thing relative thereto, is couched in ſuch ambiguous terms—in ſuch vague and indefinite expreſſions, as is a ſufficient ground without any other objection, for the reprobation of a ſyſtem, that the authors dare not hazard to a clear inveſtigation.

5. The abolition of trial by jury in civil cauſes.—This mode of trial, the learned judge Blackſtone obſerves, has been coeval with the firſt rudiments of civil government, that property, liberty and life, depend on maintaining in its legal force the conſtitutional trial by jury. He bids his readers pauſe, and with Sir Matthew Hale obſerves, how admirably this mode is adapted to the inveſtigation of truth beyond any other the world can produce. Even the party who have been diſpoſed to ſwallow without examination, the propoſals of the ſecret conclave, have ſtarted on a diſcovery that this eſſential right was curtailed▪ and ſhall a privilege, the origin of which may be traced to our Saxon anceſtors—that has been a part of the law of nations, even in the ſeudatory ſyſtems of France, Germany, and Italy—and from the earlieſt records has been held ſo ſacred, both in ancient and modern Britain, that it could never be ſhaken by the introduction of Norman cuſtoms, or any other conqueſts or chance of government —ſhall this ineſtimable privilege be relinquiſhed in America—either through the fear of inquiſition for unaccounted thouſands of public monies in the hands of ſome who have been officious in the fabrication of the conſolidated ſyſtem, or from the apprehenſion that ſome future delinquent, poſſeſſed of more power than integrity, may be called to a trial by his peers in the hour of inveſtigation?

6. Though it has been ſaid by Mr. Wilſon, and many others, that a ſtanding army is neceſſary for the dignity and ſafety of America, yet freedom revolts at the idea, when the Divan, or the deſpot, may draw out his dragoons to ſuppreſs the murmurs of a few, who may yet cheriſh thoſe ſublime principles which call forth the exertions, and lead to the beſt improvment of the human mind. It is hoped this country may yet be governed by milder methods than are uſually diſplayed beneath the bannerets of military law. Standing armies have been the nurſery of vice, and the bane of liberty, from the Roman legions, to the eſtabliſhment of the artful Ximenes, and from the ruin of the Cortes of Spain, to the planting the Britiſh Cohorts in the capitals of America.—By the edicts of authority veſted in the ſovereign power by the propoſed conſtitution, the militia of the country, the bulwark of defence, and the ſecurity of national liberty, is no longer under the controul of civil authority; but at the reſcript of the monarch, or the ariſtocracy, they may either be employed to extort the enormous ſums that will be neceſſary to ſupport the civil liſt—to maintain the regalia of power—and the ſplendour of the moſt uſeleſs part of the community, or they may be ſent into foreign countries for the fulfilment of treaties, ſtipulated by the preſident and two thirds of the ſenate.

7. Notwithſtanding the deluſory promiſe to guarantee a republican form of government to every ſtate in the union —if the moſt diſcerning eye could diſcover any meaning at all in the engagement, there are no reſources left for the ſupport of internal government, or the liquidation of the debts of the ſtate. Every ſource of revenue is in the monopoly of Congreſs, and if the ſeveral legiſlatures in their enfeebled ſtate, ſhould againſt their own feelings be neceſſitated to attempt a dry tax for the payment of their debts, and the ſupport of internal police, even this may be required for the purpoſes of the general government.

8. As the new Congreſs are impowered to determine their own ſalaries, the requiſitions for this purpoſe may not be very moderate, and the drain for public monies will probably riſe paſt all calculation; and it is to be feared, when America has conſolidated its deſpotiſm, the world will witneſs the truth of the aſſertion— that the pomp of an eaſtern monarch may impoſe on the vulgar who may eſtimate the force of a nation by the magnificence of its palaces; but the wiſe man judges differently, it is by that very magnificence he eſtimates its weakneſs. He ſees nothing more in the midſt of this impoſing pomp, where the tyrant ſets enthroned, than a ſumptuous and mournful decoration of the dead; the aparatus of a faſtuous funeral, in the centre of which is a cold and lifeleſs lump of unanimated earth, a phantom of power ready to diſappear before the enemy, by whom it is deſpiſed!

9. There is no proviſion for a rotation, nor any thing to prevent the perpetuity of office in the ſame hands for life; which by a little well timed bribery, will probably be done, to the excluſion of men of the beſt abilities from their ſhare in the offices of government.—By this neglect we loſe the advantages of that check to the overbearing inſolence of office, which by rendering him ineligible at certain periods, keeps the mind of man in equilibrio, and teaches him the feelings of the governed, and better qualifies him to govern in his turn.

10. The inhabitants of the United States, are liable to be dragged from the vicinity of their own county, or ſtate, to anſwer to the litigious or unjuſt ſuit of an adverſary, on the moſt diſtant borders of the continent: In ſhort, the appellate juriſdiction of the ſupreme federal court, includes an unwarrantable ſtretch of power over the liberty, life, and property of the ſubject, through the wide continent of America.

11. One repreſentative to thirty thouſand inhabitants is a very inadequate repreſentation; and every man who is not loſt to all ſenſe of freedom to his country, muſt reprobate the idea of Congreſs altering by law, or on any pretence whatever interfering with any regulations for the time, places, and manner of chooſing our own repreſentatives.

12. If the ſovereignty of America is deſigned to be elective, the circumſcribing the votes to only ten electors in this ſtate, and the ſame proportion in all the others, is nearly tantamount to the excluſion of the voice of the people in the choice of their firſt magiſtrate. It is veſting the choice ſolely in an ariſtocratic junto, who may eaſily combine in each ſtate to place at the head of the union the moſt convenient inſtrument for deſpotic ſway.

13. A ſenate choſen for ſix years, will in moſt inſtances, be an appointment for life, as the influence of ſuch a body over the minds of the people, will be coeval to the extenſive powers with which they are veſted, and they will not only forget, but be forgotten by their conſtituents; a branch of the ſupreme legiſlature thus ſet beyond all reſponſibility, is totally repugnant to every principle of a free government.

14. There is no proviſion by a bill of rights to guard gainſt the dangerous encroachments of power in too many inſtances to be named: But I cannot paſs over in ſilence the inſecurity in which we are left with regard to warrants unſupported by evidence—the daring experiment of granting writs of aſſiſtance in a former arbitrary adminiſtration is not yet forgotten in the Maſſachuſetts; nor can we be ſo ungrateful to the memory of the patriots who counteracted their operation, as ſo ſoon after their manly exertions to ſave us from ſuch a deteſtable inſtrument of arbitrary power, to ſubject ourſelves to the inſolence of any petty revenue officer to enter our houſes, ſearch, inſult, and ſeize at pleaſure. We are told by a gentlemen of too much virtue and real probity to ſuſpect he has a deſign to deceive— "that the whole conſtitution is a declaration of rights,"— but mankind muſt think for themſelves, and to many very judicious and diſcerning characters, the whole conſtitution, with very few exceptions, appears a perverſion of the rights of particular ſtates, and of private citizens—But the gentlemen goes on to tell us, that the primary object is the general government, and that the rights of individuals are only incidentally mentioned, and that there was a clear impropriety in being very particular about them. But, aſking pardon for diſſenting from ſuch reſpectable authority, who has been led into ſeveral miſtakes, more from his predilection in favour of certain modes of governmens, than from a want of underſtanding or veracity, the rights of individuals ought to be the primary object of all government, and cannot be too ſecurely guarded by the moſt explicit declarations in their favour. This has been the opinion of the Hampdens, the Pyms, and many other illuſtrious names, that have ſtood forth in the defence of Engliſh liberties; and even the Italian maſter of politics, the ſubtil and renowned Machiavel acknowledges, that no republic ever yet ſtood on a ſtable foundation without ſatiſfying the common people.

15. The difficulty, if not impracticability, of exerciſing the equal and equitable powers of government by a ſingle legiſlature over an extent of territory that reaches from the Miſſiſippi to the weſtern lakes, and from them to the Atlantic ocean, is an inſuperable objection to the adoption of the new ſyſtem.—Mr. Hutchinſon, the great champion for arbitrary power, in the multitude of his machinations to ſubvert the liberties of this country, was obliged to acknowledge in one of his letters, that "from the extent of country from north to ſouth, the ſcheme of one government was impracticable." But if the authors of the preſent viſionary project, can by the arts of deception, precipitation and addreſs, obtain a majority of ſuffrages in the conventions of the ſtates to try the hazardous experiment, they may then make the ſame inglorious boaſt with this inſidious politician, who may perhaps be their model, that "the union of the colonies was pretty well broken, and that he hoped never to ſee it renewed."

16. It is an indiſputed fact, that not one legiſlature in the United States had the moſt diſtant idea when they firſt appointed members for a convention, entirely commercial, or when they afterwards authoriſed them to conſider on ſome amendments of the federal union, that they would, without any warrant from their conſtituents, preſume on ſo bold and daring a ſtride, as ultimately to deſtroy the ſtate governments, and offer a conſolidated ſyſtem, irreverſible but on conditions that the ſmalleſt degree of penetration muſt diſcover to be impracticable.

17. The firſt appearance of the article which declares the ratification of nine ſtates ſufficient for the eſtabliſhment of the new ſyſtem, wears the face of diſſention, is a ſubverſion of the union of the conſederated ſtates, and tends to the introduction of anarchy and civil convulſions,— and may be a means of involving the whole country in blood.

18. The mode in which this conſtitution is recommended to the people to judge without either the advice of Congreſs, or the legiſlatures of the ſeveral ſtates, is very reprehenſible —it is an attempt to force it upon them before it could be thoroughly underſtood, and may leave us in that ſituation, that in the firſt moments of ſlavery the minds of the people, agitated by the remembrance of their loſt liberties, will be like the ſea in a tempeſt, that ſweeps down every mound of ſecurity.

But it is needleſs to enumerate other inſtances, in which the propoſed conſtitution appears contradictory to the firſt principles which ought to govern mankind; and it is equally ſo to enquire into the motives that induced to ſo bold a ſtep as the annihilation of the independence and ſovereignty of the thirteen diſtinct ſtates.—They are but too obvious through the whole progreſs o the buſineſs, from the firſt ſhutting up the doors of the Federal Convention, and reſolving that no member ſhould correſpond with gentlemen in the different ſtates on the ſubject under diſcuſſion; till the trivial propoſition of recommending a few amendments was artfully uſhered into the convention of the Maſſachuſetts. The queſtions that were then before that honourable aſſembly were profound and important, they were of ſuch magnitude and extent, that the conſequences may run parallel with the exiſtence of the country; and to ſee them waved and haſtily terminated by a meaſure too abſurd to require a ſerious refutation, raiſes the honeſt indignation of every true lover of his country. Nor are they leſs grieved that the ill policy and arbitrary diſpoſition of ſome of the ſons of America, has thus precipitated to the contemplation and diſcuſſion of queſtions that no one could rationally ſuppoſe would have been agitated mong us, till time had blotted out the principles on which the late revolution was grounded; or till the laſt traits of the many political tracts, which defended the ſeparation from Britain, and the rights of men were conſigned to 〈◊〉 oblivion. After the ſevere conflicts this country has ſuffered, it is preſumed, that they are diſpoſed to make every reaſonable ſacrifice before the altar of peace. But when we contemplate the nature of men, and conſider them originally on an equal footing, ſubject to the ſame feelings, ſtimulated by the ſame paſſions, and recollecting the ſtruggles they have recently made, for the ſecurity of their civil rights; it cannot be expected that the inhabitants of the Maſſachuſetts, can be eaſily lulled into a fatal ſecurity, by the declamatory effuſions of gentlemen, who, contrary to the experience of all ages, would perſuade them there is no danger to be apprehended from veſting diſcretionary powers in the hands of man, which he may, or may not abuſe. The very ſuggeſtion, that we ought to truſt to the precarious hope of amendments and redreſs, after we have voluntarily fixed the ſhackles on our own necks, ſhould have awakened to a double degree of caution. —This people have not forgotten the artful inſinuations of a former governor, when pleading the unlimited authority of parliament before the legiſlature of the Maſſachuſetts; nor that his arguments were very ſimilar to ſome lately urged by gentlemen who boaſt of oppoſing his meaſures, "with halters about their necks."

We were then told by him, in all the ſoft language of inſinuation, that no form of government of human conſtruction can be perfect—that we had nothing to fear— that we had no reaſon to complain—that we had only to acquieſce in their illegal claims, and to ſubmit to the requiſitions of parliament, and doubtleſs the lenient hand of government would redreſs all grievances, and remove the oppreſſions of the people:—Yet we ſoon ſaw armies of mercenaries encamped on our plains—our commerce ruined —our harbours blockaded—and our cities burnt. It may be replied, that this was in conſequence of an obſtinate defence of our privileges; this may be true, and when the "ultima ratio" is called to aid, the weakeſt muſt fall. But let the beſt informed hiſtorian produce an inſtance, when bodies of men were entruſted with power, and the proper checks relinquiſhed, if they were ever found deſtitute of ingenuity ſufficient to furniſh pretences to abuſe it. And the people at large are already ſenſible, that the liberties which America has claimed, which reaſon has juſtified, and which have been ſo gloriouſly defended by the ſword of the brave, are not about to fall before the tyranny of foreign conqueſt; it is native uſurpation that is ſhaking the foundations of peace, and ſpreading the ſable curtain of deſpotiſm over the United States. The banners of freedom were erected in the wilds of America by our anceſtors, while the wolf prowled for his prey on the one hand, and more ſavage man on the other; they have been ſince reſcued from the invading hand of foreign power, by the valor and blood of their poſterity; and there was reaſon to hope they would continue for ages to illumine a quarter of the globe, by nature kindly ſeparated from the proud monarchies of Europe, and the infernal darkneſs of Aſiatic ſlavery.

And it is to be feared, we ſhall ſoon ſee this country ruſhing into the extremes of confuſion and violence, in conſequence of the proceedings of a ſet of gentlemen, who, diſregarding the purpoſes of their appointment, have aſſumed powers unauthoriſed by any commiſſion, have unneceſſarily rejected the conſederation of the United States, and annihilated the ſovereignty and independence of the individual governments. The cauſes which have inſpired a few men, aſſembled for very different purpoſes, with ſuch a degree of temerity as to break with a ſingle ſtroke the union of America, and diſſeminate the ſeeds of diſcord through the land, may be eaſily inveſtigated, when we ſurvey the partizans of monarchy in the State Conventions, urging the adoption of a mode of government that militates with the former profeſſions and exertions of this country, and with all ideas of republicaniſm, and the equal rights of men.

Paſſion, prejudice, and error are characteriſtics of human nature; and as it cannot be accounted for on any principles of philoſophy, religion, or good policy, to theſe ſhades in the human character muſt be attributed the mad zeal of ſome to precipitate to a blind adoption of the meaſures of the late federal convention, without giving opportunity for better information to thoſe who are miſled by influence or ignorance into erroneous opinions. Literary talents may be proſtituted, and the powers of genius debaſed to ſubſerve the purpoſes of ambition or avarice; but the feelings of the heart will dictate the language of truth, and the ſimplicity of her accents will proclaim the infamy of thoſe who betray the rights of the people, under the ſpecious and popular pretence of juſtice, conſolidation, and dignity.

It is preſumed the great body of the people unite in ſentiment with the writer of theſe obſervations, who moſt devoutly prays, that public credit may rear her declining head, and remunerative juſtice pervade the land; nor is there a doubt, if a free government is continued, that time and induſtry will enable both the public and private debtor to liquidate their arrearages in the moſt equitable manner. They wiſh to ſee the Confederated States bound together by the moſt indiſſoluble union, but without renouncing their ſeveral ſovereignties and independence, and becoming tributaries to a conſolidated fabric of ariſtocratic tyranny. They wiſh to ſee government eſtabliſhed, and peaceably holding the reins with honour, energy, and dignity; but they wiſh for no federal city, whoſe "cloud cap'd towers" may ſcreen the ſtate culprit from the hand of juſtice; while its excluſive juriſdiction may protect the riot of armies encamped within its limits. They deprecate diſcord and civil convulſions, but they are not yet generally prepared, with the ungrateful Iſraelites, to aſk a King, nor are their ſpirits ſufficiently broken to yield the beſt of their olive grounds to his ſervants, and to ſee their ſons appointed to run before his chariots. It has been obſerved, by a zealous advocate for the new ſyſtem, that moſt governments are the reſult of fraud or violence, and this with a view to recommend its acceptance; but has not almoſt every ſtep towards its fabrication been fraudulent in the extreme? Did not the prohibition, ſtrictly enjoined by the general Convention, that no member ſhould make any communication to his conſtituents, or to gentlemen of conſideration and abilities in the other States, bear evident marks of fraudulent deſigns? This circumſtance is regretted in ſtrong terms by Mr. Martin, a member from Maryland, who acknowledges he had no idea that all the wiſdom, integrity, and virtue of the States was contained in that Convention, and that he wiſhed to have correſponded with gentlemen of eminent political characters abroad, and give their ſentiments due weight. He adds, ſo extremely ſolicitous were they, that their proceedings ſhould not tranſpire, that the members were prohibited from taking copies of their reſolutions, or extracts from the journals, without expreſs permiſſion, by vote. And the hurry with which it has been urged to the acceptance of the people, without giving time, by adjournments, for better information and more unanimity, has a deceptive appearance; and if finally driven to reſiſtance, as the only alternative between that and ſervitude, till in the confuſion of diſcord, the reins ſhould be ſeized by the violence of ſome enterpriſing genius, that may ſweep down the laſt barrier of liberty, it muſt be added to the ſcore of criminality with which the fraudulent uſurpation at Philadelphia may be chargeable. Heaven avert ſuch a tremendous ſcene! and let us ſtill hope a more happy termination of the preſent ferment:—may the people be calm, and wait a legal redreſs; may the mad tranſport of ſome of our infatuated capitals ſubſide; and every influential character through the States, make the moſt prudent exertions for a new general Convention, who may veſt adequate powers in Congreſs for all national purpoſes, without annihilating the individual governments, and drawing blood from every pore by taxes, impoſitions, and illegal reſtrictions. This ſtep might again re-eſtabliſh the Union, reſtore tranquility to the ruffled mind of the inhabitants, and ſave America from diſtreſſes dreadful even in contemplation. The great art of governing is to lay aſide all prejudices and attachments to particular opinions, claſſes, or individual characters; to conſult the ſpirit of the people; to give way to it; and, in ſo doing, to give it a turn capable of inſpiring thoſe ſentiments which may induce them to reliſh a change which an alteration of circumſtances may hereafter make neceſſary. The education of the advocates for monarchy ſhould have taught them, and their memory ſhould have ſuggeſted, that monarchy is a ſpecies of government fit only for a people too much corrupted by luxury, avarice, and a paſſion for pleaſure, to have any love for their country, and whoſe vices the fear of puniſhment alone is able to reſtrain; but by no means calculated for a nation that is poor, and at the ſame time tenacious of their liberty—animated with a diſguſt of tyranny—and inſpired with the generous feelings of patriotiſm and liberty, and at the ſame time, like the ancient Spartans, have been hardened by temperence and manly exertions, and equally deſpiſing the fatigues of the field, and the fear of enemies; —and while they change their ground they ſhould recollect, that Ariſtocracy is ſtill a more formidable foe to public virtue, and the proſperity of a nation—that under ſuch a government her patriots become mercenaries—her ſoldiers cowards, and the people 〈◊〉. Though ſeveral State Conventions have aſſented to, and ratified, yet the voice of the people appears at preſent ſtrong againſt the adoption of the Conſtitution. By the chicanery, intrigue, and falſe colouring of thoſe who plume themſelves more on their education and abilities, than their political, patriotic, or private virtues—by the imbecility of ſome, and the duplicity of others, a majority of the Convention of Maſſachuſetts have been flattered with the ideas of amendments when it will be too late to complain—While ſeveral very worthy characters, too timid for their ſituation, magnified the hopeleſs alternative between the diſſolution of the bands of all government, and receiving the proffered ſyſtem in toto, after long endeavouring to reconcile it to their conſciences, ſwallowed the indigeſtible p•nacea, and, in a kind of ſudden deſparation, lent their ſignature to the derelection of the honourable ſtation they held in the Union, and have broken over the ſolemn compact by which they were bound to ſupport their own excellent conſtitution, till the period of reviſion. Yet Virginia, equally large and reſpectable, and who have done honour to themſelves by their vigourous exertions from the firſt dawn of independence, have not yet acted upon the queſtion; they have wiſely taken time to conſider, before they introduce innovations of a moſt dangerous nature. Her inhabitants are brave, her burgeſſes are free, and they have a Governor who dares to think for himſelf, and to ſpeak his opinion (without firſt pouring libations on the altar of popularity) though it ſhould militate with ſome of the moſt accompliſhed and illuſtrious characters.

Maryland, who has no local intereſt to lead her to adopt, will doubtleſs reject the ſyſtem. I hope the ſame characters ſtill live, and that the ſame ſpirit which dictated to them a wiſe and cautious care againſt ſudden revolutions in government, and made them the laſt State that acceded to the independence of America, will lead them to ſupport what they ſo deliberately claimed: Georgia, apprehenſive of a war with the Savages, has acceded, in order to inſure protection. Pennſylvania has ſtruggled through much in the ſame manner as the Maſſachuſetts, againſt the manly feelings and maſterly reaſonings of a very reſpectable part of the Convention: They have adopted the ſyſtem, and ſeen ſome of its authors burnt in effigy—their towns thrown into riot and confuſion, and the minds of the people agitated by apprehenſion and diſcord.

New-Jerſey and Delaware have united in the meaſure from the locality of their ſituation, and the ſelfiſh motives which too generally govern mankind. The Federal City and the ſeat of government will naturally attract the intercourſe of ſtrangers, the youth of enterpriſe, and the wealth of the nation to the central States.

Connecticut has puſhed it through with the precipitation of her neighbour, with few diſſentient voices; but more from irritation and reſentment to a ſiſter State, perhaps partiality to herſelf in her commercial regulations, than from a comprehenſive view of the ſyſtem as a regard to the welfare of all. But New-York has motives that will undoubtedly lead her to a rejection, without being afraid to appeal to the underſtanding of mankind to juſtify the grounds of their refuſal to adopt a Conſtitution, that even the framers dare not riſque to the hazard of reviſion, amendment, or reconſideration, laſt the whole ſuperſtructure ſhould be demoliſhed by more ſkilful and diſcreet architects. I know not what part the Caro••nas will take; but I hope their determinations will comport with the dignity and freedom of this country: their deciſions will have great weight in the ſcale. But equally important are the ſmall States of New-Hampſhire and Rhode-Iſland:—New-York, the Carolinas, Virginia, Maryland, and theſe two leſſer States, may yet ſupport the liberties of the continent. If they refuſe a ratification, or poſtpone their proceedings till the ſpirits of the community have time to cool, there is little doubt but the wiſe meaſures of another Federal Convention will be adopted, when the members would have the advantage of viewing at large, through the medium of truth, the objections that have been made from various quarters; ſuch a meaſure might be attended with the moſt ſalutary effects, and prevent the dread conſequences of civil feuds. But even if ſome of thoſe large ſtates ſhould haſtily accede, yet we have frequently ſeen, in the ſtory of revolution, relief ſpring from a quarter leaſt expected.

Though the virtues of a Cato could not ſave Rome, nor the abilities of a Padilla defend the citizens of Caſtile from falling under the yoke of Charles, yet a Tell once ſuddenly roſe from a little obſcure city, and boldly reſcued the liberties of his country. Every age has its Bruti and its Decii, as well as its Caeſars and Sejani. The happineſs of mankind depends much on the modes of government and the virtues of the governors; and America may yet produce characters who have genius and capacity ſufficient to form the manners and correct the morals of the people, and virtue enough to lead their country to freedom. Since her diſmemberment from the Britiſh empire, America has, in many inſtances, reſembled the conduct of a reſtleſs, vigorous, luxurious youth, prematurely emancipated from the authority of a parent, but without the experience neceſſary to direct him to act with dignity or diſcretion. Thus we have ſeen her break the ſhackles of foreign dominion, and all the bleſſings of peace reſtored on the moſt honourable terms. She acquired the liberty of framing her own laws, chooſing her own magiſtrates, and adopting manners and modes of government the moſt favourable to the freedom and happineſs of ſociety. But how little have we availed ourſelves of theſe ſuperior advantages: The glorious fabric of liberty, ſucceſsfully reared with ſo much labour and aſſiduity, totters to the foundation, and may be blown away, as the bubble of fancy, by the rude breath of military combinations, and the politicians of yeſterday.

It is true this country lately armed in oppoſition to regal deſpotiſm—impoveriſhed by the expences of a long war, and unable immediately to fulfil their public or private engagements, have appeared in ſome inſtances with a boldneſs of ſpirit that ſeemed to ſet at defiance all authority, government, or order, on the one hand, while on the other, there has been not only a ſecret wiſh, but an open avowal of the neceſſity of drawing the reins of government much too taught, not only for republicaniſm, but for a wiſe and limited monarchy. But the character of this people is not averſe to a degree of ſubordination: the truth of this appears from the eaſy reſtoration of tranquility, after a dangerous inſurrection in one of the ſtates; this alſo evinces the little neceſſity of a complete revolution of government throughout the Union. But it is a republican principle, that the majority ſhould rule; and if a ſpirit of moderation could be cultivated on both ſides, till the voice of the people at large could be fairly heard, it ſhould be held ſacred: And if, on ſuch a ſcrutiny, the propoſed conſtitution ſhould appear repugnant to their character and wiſhes—if they, in the language of a late elegant pen, ſhould acknowledge that no confuſion, in my mind, is more terrible to them, than the ſtern diſciplined regularity and vaunted police of arbitrary governments, where every heart is depraved by fear, where mankind dare not aſſume their natural characters, where the free ſpirit muſt crouch to the ſlave in office, where genius muſt repreſs her effuſions, or, like the Egyptian worſhippers, offer them in ſacrifice to the calves in power, and where the human mind, always in ſhackles, ſhrinks from every generous effort. Who would then have the effrontery to ſay, it ought not to be thrown out with indignation, however ſome reſpectable names have appeared to ſupport it. But if after all, on a diſpaſſionate and fair diſcuſſion, the people generally give their voice for a voluntary dereliction of their privileges, let every individual, who chooſes the active ſcenes of life, ſtrive to ſupport the peace and unanimity of his country, though every other bleſſing may expire; and while the ſtateſman is plodding for power, and the courtier practiſing the arts of diſſimulation without check; while the rapacious are growing rich by oppreſſion, and fortune throwing her gifts into the lap of fools, let the ſublimer characters, the philoſophic lovers of freedom, who have wept over her exit, retire to the calm ſhades of contemplation; there they may look down with pity on the inconſiſtency of human nature, the revolutions of ſtates, the riſe of kingdoms, and the fall of empires.