CHAPTER XIV.

WILSON.

James Wilson, a signer of the Declaration of Independence, and one of

the early Judges of the Supreme Court of the United States, was one of

the first jurists in America during the latter part of the last century.

He was born in Scotland about the year 1742. After studying at Glasgow,

St. Andrews, and Edinburgh, he emigrated to Pennsylvania in 1766. He

became, soon after his arrival, a tutor in the Philadelphia College, in

which place he acquired great distinction as a classical scholar. He

subsequently studied the law, and was admitted to the bar; and, after

practising at different places, took up his residence at Philadelphia,

where he continued to reside during the rest of his life.[447]

For six years out of the twelve that elapsed from 1775 to the summoning

of the Convention of 1787, he was a member of Congress. Concerned in all

the great measures of independence, the establishment of the

Confederation, the peace, and the revenue system of 1783, he had

acquired a fund of political experience, which became of great value to

the country and to himself. Although a foreigner by birth, he was

thoroughly American in all his sentiments and feelings, and, at the time

he entered the Convention, there were few public men in the country who

perceived more clearly the causes of the inherent weakness of the

existing government. During the war, he had always considered the

States, with respect to that war, as forming one community;[448] and he

did not admit the idea, that, when the Colonies became independent of

Great Britain, they became independent of each other.[449] From the

Declaration of Independence he deduced the doctrine that the States by

which that measure was adopted were independent in their confederated

character, and not as individual communities. This rather subtile

distinction may seem now to have been of no great practical moment,

since the Confederation had actually united the States as such, rather

than the inhabitants of the States. But it was one of the positions

assumed by those who desired to combat the idea that the States, when

assembled in Convention, were restrained, by their position as equal and

independent sovereignties, from adopting a plan of government founded on

a representation of the people. To this objection Mr. Wilson repeatedly

addressed himself, and his efforts had great influence in causing the

adoption of the principle by which the people of the States became

directly represented in the government in the ratio of their numbers. He

showed that this principle had been improperly violated in the

Confederation, in consequence of the urgent necessity of forming a

union, and the impossibility at that time of forming any other than a

union of the States. As a new partition of the States was now

impracticable, it became necessary for them to surrender a portion of

their sovereignties, and to permit their inhabitants to enter into

direct relations with a new federal union. He pointed out the twofold

relation in which the people must henceforth stand;--in the one, they

would be citizens of the general government; in the other, they would be

citizens of their particular State. As both governments were derived

from the people, and both were designed for them, both ought to be

regulated on the same principles. In no other way could the larger

States consent to a new union; and if the smaller States could not admit

the justice of a proportionate representation, it was in vain to expect

to form a constitution that would embrace and satisfy the whole country.

This great idea of a representative government was in fact the aim of

all Mr. Wilson's exertions; and when the Constitution was formed, he

enforced this idea in the Convention of Pennsylvania with singular

power. His speech in that body is one of the most comprehensive and

luminous commentaries on the Constitution that have come down to us from

that period. It drew from Washington a high encomium, and it gained the

vote of Pennsylvania for the new government, against the ingenious and

captivating objections of its opponents.

The life of this wise, able, and excellent man was comparatively short.

In 1789, he was appointed by Washington a Judge of the Supreme Court of

the United States. While on a circuit in North Carolina, in the year

1798, he died at Edenton, at about the age of fifty-six. The character

of his mind and the sources of his influence will be best appreciated,

by examining some of the more striking passages of his great speech on

the Constitution.[450]

FOOTNOTES:

[447] Encyclopædia Americana, Art. "Wilson, James."

[448] Madison, Elliot, V. 78.

[449] Ibid. 213.

[450] The following extracts from the speech referred to will well repay

a careful perusal.

"_Tacitus_,--the profound politician Tacitus,--who lived towards the

latter end of those ages which are now denominated _ancient_, who

undoubtedly had studied the constitutions of all the states and kingdoms

known before and in his time, and who certainly was qualified, in an

uncommon degree, for understanding the full force and operation of each

of them, considers, after all he had known and read, a mixed government,

composed of the three simple forms, as a thing rather to be wished than

expected. And he thinks that, if such a government could even be

instituted, its duration could not be long. One thing is very

certain,--that the doctrine of representation in government was

altogether unknown to the ancients. Now, the knowledge and practice of

this doctrine is, in my opinion, essential to every system that can

possess the qualities of freedom, wisdom, and energy.

"It is worthy of remark, and the remark may, perhaps, excite some

surprise, that representation of the people is not, even at this day,

the sole principle of any government in Europe. Great Britain

boasts--and she may well boast--of the improvement she has made in

politics by the admission of representation; for the improvement is

important as far as it goes; but it by no means goes far enough. Is the

executive power of Great Britain founded on representation? This is not

pretended. Before the Revolution, many of the kings claimed to reign by

divine right, and others by hereditary right; and even at the

Revolution, nothing further was effected or attempted than the

recognition of certain parts of an original contract (_Blackstone_,

233), supposed, at some former remote period, to have been made between

the king and the people. A contract seems to exclude, rather than to

imply, delegated power. The judges of Great Britain are appointed by the

crown. The judicial authority, therefore, does not depend upon

representation, even in its most remote degree. Does representation

prevail in the legislative department of the British government? Even

here it does not predominate, though it may serve as a check. The

legislature consists of three branches,--the king, the lords, and the

commons. Of these, only the latter are supposed by the constitution to

represent the authority of the people. This short analysis clearly shows

to what a narrow corner of the British constitution the principle of

representation is confined. I believe it does not extend farther, if so

far, in any other government in Europe. For the American States were

reserved the glory and the happiness of diffusing this vital principle

throughout the constituent parts of government. Representation is the

chain of communication between the people and those to whom they have

committed the exercise of the powers of government. This chain may

consist of one or more links, but in all cases it should be sufficiently

strong and discernible.

"To be left without guide or precedent was not the only difficulty in

which the Convention were involved, by proposing to their constituents a

plan of a confederate republic. They found themselves embarrassed with

another, of peculiar delicacy and importance. I mean that of drawing a

proper line between the national government and the governments of the

several States. It was easy to discover a proper and satisfactory

principle on the subject. Whatever object of government is confined, in

its operation and effects, within the bounds of a particular State,

should be considered as belonging to the government of that State;

whatever object of government extends, in its operation or effects,

beyond the bounds of a particular State, should be considered as

belonging to the government of the United States. But though this

principle be sound and satisfactory, its application to particular cases

would be accompanied with much difficulty, because, in its application,

room must be allowed for great discretionary latitude of construction of

the principle. In order to lessen or remove the difficulty arising from

discretionary construction on this subject, an enumeration of particular

instances, in which the application of the principle ought to take

place, has been attempted with much industry and care. It is only in

mathematical science that a line can be described with mathematical

precision. But I flatter myself that, upon the strictest investigation,

the enumeration will be found to be safe and unexceptionable, and

accurate, too, in as great a degree as accuracy can be expected in a

subject of this nature. Particulars under this head will be more

properly explained, when we descend to the minute view of the

enumeration which is made in the proposed Constitution.

"After all, it will be necessary that, on a subject so peculiarly

delicate as this, much prudence, much candor, much moderation, and much

liberality should be exercised and displayed both by the federal

government and by the governments of the several States. It is to be

hoped that those virtues in government will be exercised and displayed,

when we consider that the powers of the federal government and those of

the State governments are drawn from sources equally pure. If a

difference can be discovered between them, it is in favor of the federal

government, because that government is founded on a representation of

the _whole_ Union; whereas the government of any particular State is

founded only on the representation of a part, inconsiderable when

compared with the whole. Is it not more reasonable to suppose that the

counsels of the whole will embrace the interest of every part, than that

the counsels of any part will embrace the interests of the whole?

"I intend not, Sir, by this description of the difficulties with which

the Convention were surrounded, to magnify their skill or their merit in

surmounting them, or to insinuate that any predicament in which the

Convention stood should prevent the closest and most cautious scrutiny

into the performance which they have exhibited to their constituents and

to the world. My intention is of far other and higher aim,--to evince,

by the conflicts and difficulties which must arise from the many and

powerful causes which I have enumerated, that it is hopeless and

impracticable to form a constitution which, in every part, will be

acceptable to every citizen, or even to every government, in the United

States; and that all which can be expected is, to form such a

constitution as, upon the whole, is the best that can possibly be

obtained. Man and perfection!--a state and perfection!--an assemblage of

states and perfection! Can we reasonably expect, however ardently we may

wish, to behold the glorious union?

"I can well recollect, though I believe I cannot convey to others, the

impression which, on many occasions, was made by the difficulties which

surrounded and pressed the Convention. The great undertaking sometimes

seemed to be at a stand; at other times, its motion seemed to be

retrograde. At the conclusion, however, of our work, many of the members

expressed their astonishment at the success with which it terminated.

"Having enumerated some of the difficulties which the Convention were

obliged to encounter in the course of their proceedings, I shall next

point out the end which they proposed to accomplish. Our wants, our

talents, our affections, our passions, all tell us that we were made for

a state of society. But a state of society could not be supported long

or happily without some civil restraint. It is true, that, in a state of

nature, any one individual may act uncontrolled by others; but it is

equally true, that, in such a state, every other individual may act

uncontrolled by him. Amidst this universal independence, the dissensions

and animosities between interfering members of the society would be

numerous and ungovernable. The consequence would be, that each member,

in such a natural state, would enjoy less liberty, and suffer more

interruption, than he would in a regulated society. Hence the universal

introduction of governments of some kind or other into the social state.

The liberty of every member is increased by this introduction; for each

gains more by the limitation of the freedom of every other member, than

he loses by the limitation of his own. The result is, that civil

government is necessary to the perfection and happiness of man. In

forming this government, and carrying it into execution, it is

_essential_ that the _interest_ and _authority_ of the whole community

should be binding in every part of it.

"The foregoing principles and conclusions are generally admitted to be

just and sound with regard to the nature and formation of single

governments, and the duty of submission to them. In some cases, they

will apply, with much propriety and force, to states already formed. The

advantages and necessity of civil government among individuals in

society are not greater or stronger than, in some situations and

circumstances, are the advantages and necessity of a federal government

among states. A natural and very important question now presents

itself,--Is such the situation, are such the circumstances, of the

United States? A proper answer to this question will unfold some very

interesting truths.

"The United States may adopt any one of four different systems. They may

become consolidated into one government, in which the separate existence

of the States shall be entirely absolved. They may reject any plan of

union or association, and act as separate and unconnected States. They

may form two or more confederacies. They may unite in one federal

republic. Which of these systems ought to have been formed by the

Convention? To support, with vigor, a single government over the whole

extent of the United States, would demand a system of the most

unqualified and the most unremitted despotism. Such a number of separate

States, contiguous in situation, unconnected and disunited in

government, would be, at one time, the prey of foreign force, foreign

influence, and foreign intrigue; at another, the victims of mutual rage,

rancor, and revenge. Neither of these systems found advocates in the

late Convention. I presume they will not find advocates in this. Would

it be proper to divide the United States into two or more confederacies?

It will not be unadvisable to take a more minute survey of this subject.

Some aspects under which it may be viewed are far from being, at first

sight, uninviting. Two or more confederacies would be each more compact

and more manageable than a single one extending over the same territory.

By dividing the United States into two or more confederacies, the great

collision of interests apparently or really different and contrary, in

the _whole extent_ of their dominion, would be broken, and, in a great

measure, disappear, in the several parts. But these advantages, which

are discovered from certain points of view, are greatly overbalanced by

inconveniences that will appear on a more accurate examination.

Animosities, and perhaps wars, would arise from assigning the extent,

the limits, and the rights of the different confederacies. The expenses

of governing would be multiplied by the number of federal governments.

The danger resulting from foreign influence and mutual dissensions would

not, perhaps, be less great and alarming in the instance of different

confederacies, than in the instance of different, though more numerous,

unassociated States.

"These observations, and many others that might be made on the subject,

will be sufficient to evince that a division of the United States into a

number of separate confederacies would probably be an unsatisfactory and

an unsuccessful experiment. The remaining system which the American

States may adopt, is a union of them under one confederate republic. It

will not be necessary to employ much time, or many arguments, to show

that this is the most eligible system that can be proposed. By adopting

this system, the vigor and decision of a wide-spreading monarchy may be

joined to the freedom and beneficence of a contracted republic. The

extent of territory, the diversity of climate and soil, the number and

greatness and connection of lakes and rivers with which the United

States are intersected and almost surrounded,--all indicate an enlarged

government to be fit and advantageous for them. The principles and

dispositions of their citizens indicate that, in this government,

liberty shall reign triumphant. Such, indeed, have been the general

opinions and wishes entertained since the era of independence. If those

opinions and wishes are as well founded as they have been general, the

late Convention were justified in proposing to their constituents one

confederate republic, as the best system of a national government for

the United States.

"In forming this system, it was proper to give minute attention to the

interest of all the parts; but there was a duty of still higher

import,--to feel and to show a predominating regard to the superior

interests of the whole. If this great principle had not prevailed, the

plan before us would never have made its appearance. The same principle

that was so necessary in forming it is equally necessary in our

deliberations, whether we should reject or ratify it.

"I make these observations with a design to prove and illustrate this

great and important truth,--that, in our decisions on the work of the

late Convention, we should not limit our views and regards to the State

of Pennsylvania. The aim of the Convention was to form a system of good

and efficient government, on the more extensive scale of the United

States. In this, and in every other instance, the work should be judged

with the same spirit with which it was performed. A principle of duty,

as well as candor, demands this.

"We have remarked, that civil government is necessary to the perfection

of society; we now remark, that civil liberty is necessary to the

perfection of civil government. Civil liberty is natural liberty itself,

divested of only that part which, placed in the government, produces

more good and happiness to the community than if it had remained in the

individual. Hence it follows that civil liberty, while it resigns a part

of natural liberty, retains the free and generous exercise of all the

human faculties, so far as it is compatible with the public welfare.

"In considering and developing the nature and end of the system before

us, it is necessary to mention another kind of liberty, which has not

yet, as far as I know, received a name. I shall distinguish it by the

appellation of _federal liberty_. When a single government is

instituted, the individuals of which it is composed surrender to it a

part of their natural independence, which they before enjoyed as men.

When a confederate republic is instituted, the communities of which it

is composed surrender to it a part of their political independence,

which they before enjoyed as States. The principles which directed, in

the former case, what part of the natural liberty of the man ought to be

given up, and what part ought to be retained, will give similar

directions in the latter case. The States should resign to the national

government that part, and that part only, of their political liberty,

which, placed in that government, will produce more good to the whole

than if it had remained in the several States. While they resign this

part of their political liberty, they retain the free and generous

exercise of all their other faculties, as States, so far as it is

compatible with the welfare of the general and superintending

confederacy.

"Since _States_, as well as citizens, are represented in the

Constitution before us, and form the objects on which that Constitution

is proposed to operate, it was necessary to notice and define _federal_

as well as _civil_ liberty.

"These general reflections have been made in order to introduce, with

more propriety and advantage, a practical illustration of the end

proposed to be accomplished by the late Convention.

"It has been too well known, it has been too severely felt, that the

present Confederation is inadequate to the government, and to the

exigencies, of the United States. The great struggle for Liberty in this

country, should it be unsuccessful, will probably be the last one which

she will have for her existence and prosperity in any part of the globe.

And it must be confessed that this struggle has, in some of the stages

of its progress, been attended with symptoms that foreboded no fortunate

issue. To the iron hand of Tyranny, which was lifted up against her, she

manifested, indeed, an intrepid superiority. She broke in pieces the

fetters which were forged for her, and showed that she was unassailable

by force. But she was environed with dangers of another kind, and

springing from a very different source. While she kept her eye steadily

fixed on the efforts of oppression, licentiousness was secretly

undermining the rock on which she stood.

"Need I call to your remembrance the _contrasted_ scenes of which we

have been witnesses? On the glorious conclusion of our conflict with

Britain, what high expectations were formed concerning us by others!

What high expectations did we form concerning ourselves! Have those

expectations been realized? No. What has been the cause? Did our

citizens lose their perseverance and magnanimity? No. Did they become

insensible of resentment and indignation at any high-handed attempt that

might have been made to injure or enslave them? No. What, then, has been

the cause? The truth is, we dreaded danger only on one side: this we

manfully repelled. But, on another side, danger, not less formidable,

but more insidious, stole in upon us; and our unsuspicious tempers were

not sufficiently attentive either to its approach or to its operations.

Those whom foreign strength could not overpower have wellnigh become the

victims of internal anarchy.

"If we become a little more particular, we shall find that the foregoing

representation is by no means exaggerated. When we had baffled all the

menaces of foreign power, we neglected to establish among ourselves a

government that would insure domestic vigor and stability. What was the

consequence? The commencement of peace was the commencement of every

disgrace and distress that could befall a people in a peaceful state.

Devoid of _national power_, we could not prohibit the extravagance of

our importations, nor could we derive a revenue from their excess.

Devoid of national _importance_, we could not procure for our exports a

tolerable sale at foreign markets. Devoid of national _credit_, we saw

our public securities melt in the hands of the holders, like snow before

the sun. Devoid of national _dignity_, we could not, in some instances,

perform our treaties on our part; and, in other instances, we could

neither obtain nor compel the performance of them on the part of others.

Devoid of national _energy_, we could not carry into execution our own

resolutions, decisions, or laws.

"Shall I become more particular still? The tedious detail would disgust

me. The years of languor are now over. We have felt the dishonor with

which we have been covered; we have seen the destruction with which we

have been threatened. We have penetrated to the causes of both, and when

we have once discovered them, we have begun to search for the means of

removing them. For the confirmation of these remarks, I need not appeal

to an enumeration of facts. The proceedings of Congress, and of the

several States, are replete with them. They all point out the weakness

and insufficiency as the cause, and an _efficient_ general government as

the only cure, of our political distempers.

"Under these impressions, and with these views, was the late Convention

appointed; and under these impressions, and with these views, the late

Convention met.

"We now see the great end which they proposed to accomplish. It was to

frame, for the consideration of their constituents, one federal and

national constitution,--a constitution that would produce the advantages

of good, and prevent the inconveniences of bad government;--a

constitution whose beneficence and energy would pervade the whole Union,

and bind and embrace the interests of every part;--a constitution that

would insure peace, freedom, and happiness to the States and people of

America.

"We are now naturally led to examine the means by which they proposed to

accomplish this end. This opens more particularly to our view the

discussion before us. But, previously to our entering upon it, it will

not be improper to state some general and leading principles of

government, which will receive particular application in the course of

our investigations.

"There necessarily exists, in every government, a power from which there

is no appeal, and which, for that reason, may be termed supreme,

absolute, and uncontrollable. Where does this power reside? To this

question writers on different governments will give different answers.

Sir William Blackstone will tell you, that in Britain the power is

lodged in the British Parliament; that the Parliament may alter the form

of the government; and that its power is absolute, without control. The

idea of a constitution, limiting and superintending the operations of

legislative authority, seems not to have been accurately understood in

Britain. There are, at least, no traces of practice conformable to such

a principle. The British Constitution is just what the British

Parliament pleases. When the Parliament transferred legislative

authority to Henry VIII., the act transferring could not, in the strict

acceptation of the term, be called unconstitutional.

"To control the power and conduct of the legislature by an overruling

constitution, was an improvement in the science and practice of

government reserved to the American States.

"Perhaps some politician, who has not considered with sufficient

accuracy our political systems, would answer that, in our governments,

the supreme power was vested in the constitutions. This opinion

approaches a step nearer to the truth, but does not reach it. The truth

is, that, in our governments, the supreme, absolute, and uncontrollable

power _remains_ in the people. As our constitutions are superior to our

legislatures, so the people are superior to our constitutions. Indeed,

the superiority, in this last instance, is much greater; for the people

possess over our constitutions control in _act_, as well as right.

"The consequence is, that the people may change the constitutions

whenever and however they please. This is a right of which no positive

institution can ever deprive them.

"These important truths, Sir, are far from being merely speculative. We,

at this moment, speak and deliberate under their immediate and benign

influence. To the operation of these truths we are to ascribe the scene,

hitherto unparalleled, which America now exhibits to the world,--a

gentle, a peaceful, a voluntary, and a deliberate transition from one

constitution of government to another. In other parts of the world, the

idea of revolutions in government is, by a mournful and an indissoluble

association, connected with the idea of wars, and all the calamities

attendant on wars. But happy experience teaches us to view such

revolutions in a very different light,--to consider them only as

progressive steps in improving the knowledge of government, and

increasing the happiness of society and mankind.

"Oft have I marked, with silent pleasure and admiration, the force and

prevalence, through the United States, of the principle that the supreme

power resides in the people, and that they never part with it. It may be

called the _panacea_ in politics. There can be no disorder in the

community but may here receive a radical cure. If the error be in the

legislature, it may be corrected by the constitution; if in the

constitution, it may be corrected by the people. There is a remedy,

therefore, for every distemper in government, if the people are not

wanting to themselves; if they are wanting to themselves, there is no

remedy. From their power, as we have seen, there is no appeal; of their

error, there is no superior principle of correction.

"There are three simple species of government;--monarchy, where the

supreme power is in a single person; aristocracy, where the supreme

power is in a select assembly, the members of which either fill up, by

election, the vacancies in their own body, or succeed to their places in

it by inheritance, property, or in respect of some _personal_ right or

qualification; a republic or democracy, where the people at large

_retain_ the supreme power, and act either collectively or by

representation.

"Each of these species of government has its advantages and

disadvantages.

"The advantages of a _monarchy_ are strength, despatch, secrecy, unity

of counsel. Its disadvantages are tyranny, expense, ignorance of the

situation and wants of the people, insecurity, unnecessary wars, evils

attending elections or successions.

"The advantages of _aristocracy_ are wisdom, arising from experience and

education. Its disadvantages are dissensions among themselves,

oppression to the lower orders.

"The advantages of _democracy_ are liberty, equality, cautious and

salutary laws, public spirit, frugality, peace, opportunities of

exciting and producing abilities of the best citizens. Its disadvantages

are dissensions, the delay and disclosure of public counsels, the

imbecility of public measures, retarded by the necessity of a numerous

consent.

"A government may be composed of two or more of the simple forms above

mentioned. Such is the British government. It would be an improper

government for the United States, because it is inadequate to such an

extent of territory, and because it is suited to an establishment of

different orders of men. A more minute comparison between some parts of

the British Constitution, and some parts of the plan before us, may

perhaps find a proper place in a subsequent period of our business.

"What is the nature and kind of that government which has been proposed

for the United States by the late Convention? In its principle, it is

purely democratical. But that principle is applied in different forms,

in order to obtain the advantages, and exclude the inconveniences, of

the simple modes of government.

"If we take an extended and accurate view of it, we shall find the

streams of power running in different directions, in different

dimensions, and at different heights,--watering, adorning, and

fertilizing the fields and meadows through which their courses are led;

but if we trace them, we shall discover that they all originally flow

from one abundant fountain.

"In this Constitution, _all authority is derived from the people_.

"Fit occasions will hereafter offer for particular remarks on the

different parts of the plan."

After an elaborate examination of the Constitution, he thus concludes:--

"A free government has often been compared to a pyramid. This allusion

is made with peculiar propriety in the system before you; it is laid on

the broad basis of the people; its powers gradually rise, while they are

confined in proportion as they ascend, until they end in that most

permanent of all forms. When you examine all its parts, they will

invariably be found to preserve that essential mark of free

governments,--a chain of connection with the people.

"Such, Sir, is the nature of this system of government; and the

important question at length presents itself to our view,--Shall it be

ratified, or shall it be rejected, by this Convention? In order to

enable us still further to form a judgment on this truly momentous and

interesting point, on which all we have, or can have, dear to us on

earth is materially depending, let us for a moment consider the

consequences that will result from one or the other measure. Suppose we

reject this system of government; what will be the consequence? Let the

farmer say,--he whose produce remains unasked for; nor can he find a

single market for its consumption, though his fields are blessed with

luxuriant abundance. Let the manufacturer, and let the mechanic, say;

they can feel, and tell their feelings. Go along the wharves of

Philadelphia, and observe the melancholy silence that reigns. I appeal

not to those who enjoy places and abundance under the present

government; they may well dilate upon the easy and happy situation of

our country. Let the merchants tell you what is our commerce; let them

say what has been their situation since the return of peace,--an era

which they might have expected would furnish additional sources to our

trade, and a continuance, and even an increase, to their fortunes. Have

these ideas been realized? or do they not lose some of their capital in

every adventure, and continue the unprofitable trade from year to year,

subsisting under the hopes of happier times under an efficient general

government? The ungainful trade carried on by our merchants has a

baneful influence on the interests of the manufacturer, the mechanic,

and the farmer; and these, I believe, are the chief interests of the

people of the United States.

"I will go further. Is there now a government among us that can do a

single act that a national government ought to do? Is there any power of

the United States that can _command_ a single shilling? This is a plain

and a home question.

"Congress may recommend; they can do no more: they may require; but they

must not proceed one step further. If things are bad now,--and that they

are not worse is only owing to hopes of improvement or change in the

system,--will they become better when those hopes are disappointed? We

have been told, by honorable gentlemen on this floor, that it is

improper to urge this kind of argument in favor of a new system of

government, or against the old one: unfortunately, Sir, these things are

too severely felt to be omitted; the people feel them; they pervade all

classes of citizens, and every situation from New Hampshire to Georgia:

the argument of necessity is the patriot's defence, as well as the

tyrant's plea.

"Is it likely, Sir, that, if this system of government is rejected, a

better will be framed and adopted? I will not expatiate on this subject;

but I believe many reasons will suggest themselves to prove that such

expectation would be illusory. If a better could be obtained at a future

time, is there any thing wrong in this? I go further. Is there any thing

wrong that cannot be amended more easily by the mode pointed out in the

system itself, than could be done by calling convention after

convention, before the organization of the government? Let us now turn

to the consequences that will result if we assent to and ratify the

instrument before you. I shall trace them as concisely as I can, because

I have trespassed already too long on the patience and indulgence of the

house.

"I stated, on a former occasion, one important advantage; by adopting

this system, we become a _nation_; at present, we are not one. Can we

perform a single national act? Can we do any thing to procure us

dignity, or to preserve peace and tranquillity? Can we relieve the

distress of our citizens? Can we provide for their welfare or happiness?

The powers of our government are mere sound. If we offer to treat with a

nation, we receive this humiliating answer: 'You cannot, in propriety of

language, make a treaty, because you have no power to execute it.' Can

we borrow money? There are too many examples of unfortunate creditors

existing, both on this and the other side of the Atlantic, to expect

success from this expedient. But could we borrow money, we cannot

command a fund, to enable us to pay either the principal or interest;

for, in instances where our friends have advanced the principal, they

have been obliged to advance the interest also, in order to prevent the

principal from being annihilated in their hands by depreciation. Can we

raise an army? The prospect of a war is highly probable. The accounts we

receive, by every vessel from Europe, mention that the highest exertions

are making in the ports and arsenals of the greatest maritime powers.

But whatever the consequence may be, are we to lie supine? We know we

are unable, under the Articles of Confederation, to exert ourselves; and

shall we continue so, until a stroke be made on our commerce, or we see

the debarkation of a hostile army on our unprotected shores? Who will

guarantee that our property will not be laid waste, that our towns will

not be put under contribution, by a small naval force, and subjected to

all the horror and devastation of war? May not this be done without

opposition, at least effectual opposition, in the present situation of

our country? There may be safety over the Appalachian Mountains, but

there can be none on our sea-coast. With what propriety can we hope our

flag will be respected, while we have not a single gun to fire in its

defence?

"Can we expect to make internal improvement, or accomplish any of those

great national objects which I formerly alluded to, when we cannot find

money to remove a single rock out of a river?

"This system, Sir, will at least make us a nation, and put it in the

power of the Union to act as such. We shall be considered as such by

every nation in the world. We shall regain the confidence of our

citizens, and command the respect of others.

"As we shall become a nation, I trust that we shall also form a national

character, and that this character will be adapted to the principles and

genius of our system of government: as yet we possess none; our

language, manners, customs, habits, and dress depend too much upon those

of other countries. Every nation, in these respects, should possess

originality; there are not, on any part of the globe, finer qualities

for forming a national character, than those possessed by the children

of America. Activity, perseverance, industry, laudable emulation,

docility in acquiring information, firmness in adversity, and patience

and magnanimity under the greatest hardships;--from these materials,

what a respectable national character may be raised! In addition to this

character, I think there is strong reason to believe that America may

take the lead in literary improvements and national importance. This is

a subject which, I confess, I have spent much pleasing time in

considering. That language, Sir, which shall become most generally known

in the civilized world will impart great importance over the nation that

shall use it. The language of the United States will, in future times,

be diffused over a greater extent of country than any other that we

know. The French, indeed, have made laudable attempts towards

establishing a universal language; but, beyond the boundaries of France,

even the French language is not spoken by one in a thousand. Besides the

freedom of our country, the great improvements she has made, and will

make, in the science of government, will induce the patriots and

_literati_ of every nation to read and understand our writings on that

subject; and hence it is not improbable that she will take the lead in

political knowledge.

"If we adopt this system of government, I think we may promise security,

stability, and tranquillity to the governments of the different States.

They would not be exposed to the danger of competition on questions of

territory, or any other that have heretofore disturbed them. A tribunal

is here found to decide, justly and quietly, any interfering claim; and

now is accomplished what the great mind of Henry IV. of France had in

contemplation,--a system of government for large and respectable

dominions, united and bound together, in peace, under a superintending

head, by which all their differences may be accommodated, without the

destruction of the human race. We are told by Sully that this was the

favorite pursuit of that good king during the last years of his life;

and he would probably have carried it into execution, had not the dagger

of an assassin deprived the world of his valuable life. I have, with

pleasing emotion, seen the wisdom and beneficence of a less efficient

power under the Articles of Confederation, in the determination of the

controversy between the States of Pennsylvania and Connecticut; but I

have lamented that the authority of Congress did not extend to

extinguish, entirely, the spark which has kindled a dangerous flame in

the district of Wyoming.

"Let gentlemen turn their attention to the amazing consequences which

this principle will have in this extended country. The several States

cannot war with each other; the general government is the great arbiter

in contentions between them; the whole force of the Union can be called

forth to reduce an aggressor to reason. What a happy exchange for the

disjointed, contentious State sovereignties!

"The adoption of this system will also secure us from danger, and

procure us advantages from foreign nations. This, in our situation, is

of great consequence. We are still an inviting object to one European

power at least; and, if we cannot defend ourselves, the temptation may

become too alluring to be resisted. I do not mean that, with an

efficient government, we should mix with the commotions of Europe. No,

Sir; we are happily removed from them, and are not obliged to throw

ourselves into the scale with any. This system will not hurry us into

war; it is calculated to guard against it. It will not be in the power

of a single man, or a single body of men, to involve us in such

distress; for the important power of declaring war is vested in the

legislature at large: this declaration must be made with the concurrence

of the House of Representatives: from this circumstance we may draw a

certain conclusion, that nothing but our national interest can draw us

into a war. I cannot forbear, on this occasion, the pleasure of

mentioning to you the sentiments of the great and benevolent man, whose

works I have already quoted on another subject. M. Necker has addressed

this country in language important and applicable in the strictest

degree to its situation and to the present subject. Speaking of war, and

the greatest caution that all nations ought to use in order to avoid its

calamities,--'And you, rising nation,' says he, 'whom generous efforts

have freed from the yoke of Europe! let the universe be struck with

still greater reverence at the sight of the privileges you have

acquired, by seeing you continually employed for the public felicity: do

not offer it as a sacrifice at the unsettled shrine of political ideas,

and of the deceitful combinations of warlike ambition; avoid, or at

least delay, participating in the passions of our hemisphere; make your

own advantage of the knowledge which experience alone has given to our

old age, and preserve, for a long time, the simplicity of childhood; in

short, honor human nature, by showing that, when left to its own

feelings, it is still capable of those virtues that maintain public

order, and of that prudence which insures public tranquillity.'

"Permit me to offer one consideration more, that ought to induce our

acceptance of this system. I feel myself lost in the contemplation of

its magnitude. By adopting this system, we shall probably lay a

foundation for erecting temples of liberty in every part of the earth.

It has been thought by many, that on the success of the struggle America

has made for freedom will depend the exertions of the brave and

enlightened of other nations. The advantages resulting from this system

will not be confined to the United States, but will draw from Europe

many worthy characters, who pant for the enjoyment of freedom. It will

induce princes, in order to preserve their subjects, to restore to them

a portion of that liberty of which they have for many ages been

deprived. It will be subservient to the great designs of Providence with

regard to this globe,--the multiplication of mankind, their improvement

in knowledge, and their advancement in happiness." (Elliot's Debates,

II. 423-434, 524-529.)

History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1 With Notices of Its Principle Framers · 第 14 / 16 章