Since the foregoing pages have been put to the press, a pamphlet has
appeared, entitled, “An address to the people of the state of New York,
on the subject of the new constitution, &c.” Upon a cursory examination
of this performance (for I have not had time to give it more than a
cursory examination) it appears to contain little more than declamation
and observations that have been often repeated by the advocates of the
new constitution.
An attentive reader will readily perceive, that almost everything
deserving the name of an argument in this publication, has received
consideration, and, I trust, a satisfactory answer in the preceding
remarks, so far as they apply to prove the necessity of an immediate
adoption of the plan, without amendments.
I shall therefore only beg the patience of my readers, while I make a
few very brief remarks on this piece.
The author introduces his observations with a short history of the
revolution, and of the establishment of the present existing federal
government. He draws a frightful picture of our condition under the
present confederation. The whole of what he says on that head, stripped
of its artificial colouring, amounts to this, that the existing system
is rather commendatory than coercive, or that Congress have not in most
cases, the power of enforcing their own resolves. This he calls “a new
and wonderful system.” However “wonderful” it may seem, it certainly
is not “new.” For most of the _federal governments_ that have been in
the world, have been of the same nature.——The united Netherlands
are governed on the same plan. There are other governments also now
existing, which are in a similar condition with our’s, with regard to
several particulars, on account of which this author denominates it
“new and wonderful.”——The king of Great Britain “may make war, but
has not power to raise money to carry it on.” He may borrow money, but
it is without the means of repayment, &c. For these he is dependent on
his parliament. But it is needless to add on [24] this head, because
it is admitted that the powers of the general government ought to be
increased in several of the particulars this author instances. But
these things are mentioned to shew, that the outcry made against the
confederation, as being a system new, unheard of, and absurd, is really
without foundation.
The author proceeds to depicture our present condition in the
high-wrought strains common to his party.——I shall add nothing to
what I have said on this subject in the former part of this pamphlet,
but will only observe, that his imputing our being kept out of the
possession of the western posts, and our want of peace with the
Algerines, to the defects in our present government, is much easier
said than proved. The British keep possession of these posts, because
it subserves their interest, and probably will do so, until they
perceive that we have gathered strength and resources sufficient
to assert our rights with the sword. Let our government be what it
will, this cannot be done without time and patience. In the present
exhausted situation of the country, it would be madness in us, had we
ever so perfect a government, to commence a war for the recovery of
these posts.——With regard to the Algerines, there are but two ways
in which their ravages can be prevented. The one is, by a successful
war against them, and the other is by treaty. The powers of Congress
under the confederation are completely competent either to declare war
against them, or to form treaties. Money, it is true, is necessary to
do both these. This only brings us to this conclusion, that the great
defect in our present government, is the want of powers to provide
money for the public exigencies. I am willing to grant _reasonable_
powers, on this score, but not unlimited ones; commercial treaties may
be made under the present powers of Congress. I am persuaded we flatter
ourselves with advantages which will result from them, that will never
be realized. I know of no benefits that we receive from any that have
yet been formed.
This author tells us, “it is not his design to investigate merits of
the plan, nor of the objections made to it.” It is well he did not
undertake it, for if he had, from the specimen he has given, the cause
he assumes would not have probably gained much strength by it.
He however takes notice of two or three of the many objections brought
against the plan.
“We are told, (says he) among other strange things, that the liberty
of the press is left insecure by the proposed constitution, and yet
that constitution says neither more nor less [25] about it, than the
constitution of the state of New York does. We are told it deprives us
of trial by jury, whereas the fact is, that it expressly secures it in
certain cases, and takes it away in none, &c. it is absurd to construe
the silence of this, or of our own constitution relative to a great
number of our rights into a total extinction of them; silence and a
blank paper neither grant nor take away anything.”
It may be a strange thing to this author to hear the people of America
anxious for the preservation of their rights, but those who understand
the true principles of liberty, are no strangers to their importance.
The man who supposes the constitution, in any part of it, is like a
blank piece of paper, has very erroneous ideas of it. He may be assured
every clause has a meaning, and many of them such extensive meaning,
as would take a volume to unfold. The suggestion, that the liberty of
the press is secure, because it is not in express words spoken of in
the constitution, and that the trial by jury is not taken away, because
it is not said in so many words and letters it is so, is puerile and
unworthy of a man who pretends to reason. We contend, that by the
indefinite powers granted to the general government, the liberty of the
press may be restricted by duties, &c. and therefore the constitution
ought to have stipulated for its freedom. The trial by jury, in all
civil cases is left at the discretion of the general government, except
in the supreme court on the appelate jurisdiction, and in this I affirm
it is taken away, not by express words, but by fair and legitimate
construction and inference; for the supreme court have expressly given
them an appelate jurisdiction, in every case to which their powers
extend (with two or three exceptions) both as to _law and fact_. The
court are the judges; every man in the country, who has served as a
juror, knows, that there is a difference between the court and the
jury, and that the lawyers in their pleading, make the distinction. If
the court, upon appeals, are to determine both the law and the fact,
there is no room for a jury, and the right of trial in this mode is
taken away.
The author manifests levity in referring to the constitution of this
state, to shew that it was useless to stipulate for the liberty of the
press, or to insert a bill of rights in the constitution. With regard
to the first, it is perhaps an imperfection in our constitution that
the liberty of the press is not expressly reserved; but still there was
not equal necessity of making this reservation in our State as in the
general Constitution, for the common and statute law of England, and
the laws of the [26] colony are established, in which this privilege is
fully defined and secured. It is true, a bill of rights is not prefixed
to our constitution, as it is in that of some of the states; but still
this author knows, that many essential rights are reserved in the body
of it; and I will promise, that every opposer of this system will be
satisfied, if the stipulations that they contend for are agreed to,
whether they are prefixed, affixed, or inserted in the body of the
constitution, and that they will not contend which way this is done,
if it be but done. I shall add but one remark, and that is upon the
hackneyed argument introduced by the author, drawn from the character
and ability of the framers of the new constitution. The favourers of
this system are not very prudent in bringing this forward. It provokes
to an investigation of characters, which is an inviduous task. I do
not wish to detract from their merits, but I will venture to affirm,
that twenty assemblies of equal number might be collected, equally
respectable both in point of ability, integrity, and patriotism. Some
of the characters which compose it I revere; others I consider as of
small consequence, and a number are suspected of being great public
defaulters, and to have been guilty of notorious peculation and fraud,
with regard to public property in the hour of our distress. I will not
descend to personalities, nor would I have said so much on the subject,
had it not been in self defence. Let the constitution stand on its own
merits. If it be good, it stands not in need of great men’s names to
support it. If it be bad, their names ought not to sanction it.