NUMBER III.

_On the safety of the people, from the nature of the House of

Representatives._

In pursuing the consideration of the new fœderal constitution,

it remains now to examine the nature and powers of the House of

Representatives—the immediate delegates of the people.

Each member of this truly popular assembly will be chosen by about

six thousand electors, by the poor as well as the rich. No decayed or

venal borough will have an unjust share in their determinations—no

old Sarum will send thither a representative by the voice of a single

elector.(35) As we shall have no royal ministers to purchase votes,

so we shall have no votes for sale; for the suffrages of six thousand

enlightened and independent freemen are above all price. When the

increasing population of the country shall render the body too [13]

large at the rate of one member for every thirty thousand persons, they

will be returned at the greater rate of one for every forty or fifty

thousand, which will render the electors still more incorruptible.

For this regulation is only designed to prevent a smaller number than

thirty thousand from having a representative. Thus we see a provision

follows, that no state shall have less than one member, for if a new

and greater number than thirty thousand should hereafter be fixed on,

which should exceed the whole of the inhabitants of any state, such

state, without this wholesome provision, would lose its voice in the

House of Representatives—a circumstance which the constitution renders

impossible.

The people of England, whose House of commons is filled with military

and civil officers and pensioners, say their liberties would be

perfectly secured by triennial Parliaments. With us no placeman

can sit among the representatives of the people, and two years

are the constitutional term of their existence. Here, again, lest

wealth, powerful connections, or even the unwariness of the people

should place in this important trust an undeserving, unqualified or

inexperienced youth, the wisdom of the Convention has proposed an

absolute incapacity till the age of twenty-five. At twenty-one a

young man is made the guardian of his own interest, but he cannot,

for a few years more be intrusted with the affairs of the nation. He

must be an inhabitant of the state that elects him, that he may be

intimately acquainted with their particular circumstances—The house

of Representatives is not, as the senate, to have a President chosen

for them from without their body, but are to elect their speaker from

their own number—They will also appoint all their other officers. In

great state cases, they will be the grand inquest of the nation, for

they possess the sole and uncontroulable power of impeachment. They are

neither to wait the call, nor abide the prorogations and dissolutions

[14] of a perverse or ambitious Prince, for they are to meet at least

once in every year, and to sit on adjournments to be agreed on between

themselves and the other servants of the people. Should they differ

in opinion, the President, who is a temporary fellow-servant, and not

their hereditary master, has a mediatorial power to adjust it for

them, but cannot prevent their constitutional meeting within the year.

They can compel the attendance of their members, that their public

duty may not be evaded in times of difficulty or danger—The vote of

each representative can be always known, as well as the proceedings

of the house, that so the people may be acquainted with the conduct

of those in whom they repose so important a trust. As was observed

of the Senators, they cannot make new offices for themselves, nor

increase, for their own benefit, the emoluments of old ones, by which

the people will be exempted from needless additions to the public

expences, on such sordid and mercenary principles—They are not to

be restrained from the firm and plain language, which becomes the

independent representatives of freedom, for there is to be a perfect

liberty of speech. Without their consent, no monies can be obtained,

no armies raised, no navies provided. They, alone, can originate bills

for drawing forth the revenues of the union, and they will have a

negative upon every legislative act of the other house.—So far, in

short, as the sphere of fœderal jurisdiction extends, they will be

controulable only by the people, and, in contentions with the other

branch, so far as they shall be right, they must ever finally prevail.

Such, my Countrymen, are some of the cautionary provisions of the

frame of government your faithful convention have submitted to your

consideration—such the foundations of peace, liberty and safety, which

have been laid by their unwearied labors—They have guarded you against

all servants but those “whom choice and common good ordain,” against

all masters, “save preserving Heaven.”

[15] NUMBER IV.

_The security for national safety and happiness, resulting from other

parts of the fœderal Government._

In considering the respective powers of the President, the Senate and

the House of Representatives, under the fœderal constitution, we

have seen a part of the wholesome precautions, which are contained in

the new system. Let us examine what further securities for the safety

and happiness of the people are contained in the general stipulations

and provisions.

The United States guarantee to every state in the union a separate

republican form of government. From thence it follows, that any man or

body of men, however rich or powerful, who shall make an alteration in

the form of government of any state, whereby the powers thereof shall

be attempted to be taken out of the hands of the people at large,

will stand guilty of high treason; or should a foreign power seduce

or over-awe the people of any state, so as to cause them to vest in

the families of any ambitious citizens or foreigners the powers of

hereditary governors, whether as Kings or Nobles, that such investment

of powers would be void in itself, and every person attempting to

execute them would also be guilty of treason.

No religious test is ever to be required of any officer or servant

of the United States. The people may employ any wise or good citizen

in the execution of the various duties of the government. In Italy,

Spain, and Portugal, no protestant can hold a public trust. In England

every Presbyterian, and other person not of their established church,

is incapable of holding an office. No such impious deprivation of the

rights of men can take place under the new fœderal constitution. The

convention [16] has the honour of proposing the first public act, by

which any nation has ever divested itself of a power, every exercise of

which is a trespass on the Majesty of Heaven.

No qualification in monied or landed property is required by the

proposed plan; nor does it admit any preference from the preposterous

distinctions of birth and rank. The office of the President, a Senator,

and a Representative, and every other place of power or profit, are

therefore open to the whole body of the people. Any wise, informed and

upright man, be his property what it may, can exercise the trusts and

powers of the state, provided he possesses the moral, religious and

political virtues which are necessary to secure the confidence of his

fellow citizens.

The importation of slaves from any foreign country is, by a clear

implication, held up to the world as equally inconsistent with

the dispositions and the duties of the people of America. A solid

foundation is laid for exploding the principles of negro slavery, in

which many good men of all parties in Pennsylvania, and throughout

the union, have already concurred. The temporary reservation of any

particular matter must ever be deemed an admission that it should be

done away. This appears to have been well understood. In addition

to the arguments drawn from liberty, justice and religion, opinions

against this practice, founded in sound policy, have no doubt been

urged. Regard was necessarily paid to the peculiar situation of our

southern fellow-citizens; but they, on the other hand, have not been

insensible of the delicate situation of our national character on this

subject.

The people will remain, under the proposed constitution, the fountain

of power and public honour. The President, the Senate, and the House

of Representatives, will be the channels through which the stream [17]

will flow—but it will flow from the people, and from them only. Every

office, religious, civil and military will be either their immediate

gift, or it will come from them through the hands of their servants.

And this, as observed before, will be guaranteed to them under the

state constitution which they respectively approve; for they cannot be

royal forms, cannot be aristocratical, but must be republican.

The people of those states which have faithfully discharged their duty

to the union will be no longer subjected alone to the weight of the

public debts. Proper arrangements will call forth the just proportion

of their sister states, and our national character will again be as

unstained as it was once exalted. Elevation to independence, with

the loss of our good name, is only to be conspicuous in disgrace.

The liberties of a people involved in debt are as uncertain as the

liberty of an individual in the same situation. Their virtue is more

precarious. The unfortunate citizen must yield to the operation of

the laws, while a bankrupt nation too easy annihilates the sacred

obligations of gratitude and honour, and becomes execrable and

infamous. I cannot refrain from reminding my fellow-citizens of our

near approach to that deplorable situation, which must be our miserable

condition, if the defects of the old confederation remain without

amendment. The proposed constitution will cure the evil, and restore us

to our rank among mankind.

Laws, made after the commission of the fact, have been a dreadful

engine in the hands of tyrannical governors. Some of the most virtuous

and shining characters in the world have been put to death, by laws

formed to render them punishable, for parts of their conduct which

innocence permitted, and to which patriotism impelled them. These have

been called ex post facto laws, and are exploded by the new system. If

a time of public contention shall hereafter arrive, [18] the firm and

ardent friends to liberty may know the length to which they can push

their noble opposition, on the foundation of the laws. Should their

country’s cause impel them further, they will be acquainted with the

hazard, and using those arms which Providence has put into their hands,

will make a solemn appeal to “the power above.”

The destruction of the ancient republics was occasioned in every

instance by their being ignorant of a great political position, which

was left for America to discover and establish. Self-evident as

the truth appears, we find no friend to liberty in ancient Greece or

Rome asserting, that taxation and representation were inseparable.

The Roman citizens, proud of their own liberty, imposed, in the

freest times of the commonwealth, the most grievous burdens on their

wretched provinces. At other times we find thousands of their citizens,

though residing within the walls of Rome, deprived of legislative

representatives. When America asserted the novel truth, Great Britain,

though boasting herself as alone free among the modern nations, denied

it by her legislature, and endeavoured to refute it by her arms—the

reasoning of tyrants. But the attempt was vain, for the voice of truth

was heard above the thunders of the war, and reached the ears of all

nations. Henceforth the people of the earth will consider this position

as the only rock on which they can found the temple of liberty, that

taxation and representation are inseparable. Our new constitution

carries it into execution on the most enlarged and liberal scale, for a

Representative will be chosen by six thousand of his fellow-citizens, a

Senator by half a sovereign state, a President by a whole nation.

The old fœderal constitution contained many of the same things,

which from error or disingenuousness are urged against the new ones.

Neither of them have a bill of rights, nor does either notice the

liberty of the press, because they are already provided for by the [19]

state constitutions; and relating only to personal rights, they could

not be mentioned in a contract among foreign states.

Both the old and new fœderal constitutions, and indeed the

constitution of Pennsylvania, admit of courts in which no use is made

of a jury. The board of property, the court of admiralty, and the high

court of errors and appeals, in the state of Pennsylvania, as also the

court of appeals under the old confederation, exclude juries. Trial

by jury will therefore be in the express words of the Pennsylvania

constitution, “as heretofore,”—almost always used, though sometimes

omitted. Trials for lands lying in any state between persons residing

in such state, for bonds, notes, book debts, contracts, trespasses,

assumptions, and all other matters between two or more citizens of any

state, will be held in the state courts by juries, as now. In these

cases the fœderal courts cannot interfere.(36) But when a dispute

arises between the citizens of any state about lands lying out of the

bounds thereof, or when a trial is to be had between the citizens of

any state and those of another, or the government of another, the

private citizen will not be obliged to go into a court constituted by

the state, with which, or with the citizens of which, his dispute is.

He can appeal to a disinterested fœderal court. This is surely a

great advantage, and promises a fair trial, and an impartial judgment.

The trial by jury is not excluded in these fœderal courts. In all

criminal cases, where the property, liberty or life of the citizen is

at stake, he has the benefit of a jury. If convicted on impeachment,

which is never done by a jury in any country, he cannot be fined,

imprisoned or punished, but only may be disqualified from doing

public mischief by losing his office, [20] and his capacity to hold

another. If the nature of his offence, besides its danger to his

country, should be criminal in itself—should involve a charge of

fraud, murder or treason—he may be tried for such crime, but cannot be

convicted without a jury. In trials about property in the fœderal

courts, which can only be as above stated, there is nothing in the

new constitution to prevent a trial by jury. No doubt it will be the

mode in every case, wherein it is practicable. This will be adjusted

by law, and it could not be done otherwise. In short, the sphere of

jurisdiction for the fœderal courts is limited, and that sphere only

is subject to the regulations of our fœderal government. The known

principles of justice, the attachment to trial by jury whenever it can

be used, the instructions of the state legislatures, the instructions

of the people at large, the operation of the fœderal regulations

on the property of a president, a senator, a representative, a judge,

as well as on that of a private citizen, will certainly render those

regulations as favorable as possible to property; for life and

liberty are put more than ever into the hands of the juries. Under

the present constitution of all the states, a public officer may be

condemned to imprisonment or death on impeachment, without a jury;

but the new fœderal constitution protects the accused, till he

shall be convicted, from the hands of power, by rendering a jury the

indispensible judges of all crimes.

The influence which foreign powers may attempt to exercise in our

affairs was foreseen, and a wholesome provision has been made against

it; for no person holding an office under the United States is

permitted to enjoy any foreign honours, powers or emoluments.

The apprehensions of the people have been excited, perhaps by persons

with good intentions, about the powers of the new government to raise

an army. Let us consider this point with moderation and candour. As

enemies will sometimes insult us, invade our country [21] and capture

our property, it is clear a power in our government to oppose, restrain

or destroy them, is necessary to our honor, safety and existence. The

military should, however, be regarded with a watchful eye; for it is

a profession that is liable to dangerous perversion. But the powers

vested in the fœderal government do not go the length which has been

said. A standing army is not granted or intended, for there can be no

provision for its continuing three years, much less for its permanent

establishment. Two years are the utmost time for which the money can be

given. It will be under all the restrictions which wisdom and jealousy

can suggest, and the original grant of the supplies must be made by

the House of representatives, the immediate delegates of the people.

The Senate and President, who also derive their power from the people,

appoint the officers; and the heads of the departments, who must submit

their accounts to the whole legislature, are to pay and provide them,

as shall be directed by the laws that shall contain the conditions

of the grant. The militia, who are in fact the effective part of the

people at large, will render many troops quite unnecessary. They will

form a powerful check upon the regular troops, and will generally be

sufficient to over-awe them—for our detached situation will seldom

give occasion to raise an army, though a few scattered companies may

often be necessary. But whenever, even on the most obvious reasons,

an army shall be raised, the several states will be called, by the

nature of things, to attend to the condition of the militia. Republican

jealousy, the guardian angel of these states, will watch the motions of

our military citizens, even though they will be the soldiers of a free

people. There is a wide difference however between the troops of such

commonwealths as ours, founded on equal and unalterable principles,

and those of a regal government, where ambition and oppression are the

profession of the king. In the first case, a military officer is the

occasional servant of the people, employed for their defence; in [22]

the second, he is the ever ready instrument to execute the schemes of

conquest or oppression, with which the mind of his royal master may be

disturbed.

Observations have been made on the power given to the fœderal

Government in regard to the elections of Representatives and Senators.

The regulations of these elections are, by the first part of the

clause, to be prescribed by the state legislatures, who are certainly

the proper bodies, if they will always execute the duty. But in case

the union or the public safety should be endangered by an omission

of this duty, as in the case of Rhode-Island, then the legislature

of the United States can name for the people a convenient time, and

do other matters necessary to insure the free exercise of their

right of election. The exception, in regard to the places of chusing

Senators, was made from due respect to the sovereignty of the state

legislatures, who are to elect the senators, and whose place of meeting

ought not to be prescribed to them by any authority, except, indeed,

as we always must, by the authority of the people. This power given to

the fœderal legislature is no more than what is possessed by the

governments of all the states. The constitution of Pennsylvania permits

two-thirds of such cities and counties, as shall elect representatives,

to exercise all the powers of the General Assembly, “as fully and amply

as if the whole were present,” should any part of the state neglect

or refuse to perform their duty in this particular. In short, it is a

power necessary to preserve the social compact of each state and the

confederation of the United States.

Besides the securities for the liberties of the people arising

out of the fœderal government, they are guarded by their state

constitutions, and by the nature of things in the separate states. The

Governor or President in each commonwealth, the Councils, Senates,

Assemblies, Judges, Sheriffs, Grand and Pettit Juries, Officers of

Militia, Clergy and Lay Officers of all churches, state and county

Treasurer, Prothonotaries, Registers, [23] Presidents and other

officers of Universities, Colleges and Academies, Wardens of ports

and cities, Burgesses of towns, Commissioners of counties, County

Lieutenants, and many other officers of power and influence, will

still be chosen within each state, without any possible interference

of the fœderal Government. The separate states will also choose all

the members of the legislative and executive branches of the United

States. The people at large in each state will choose their fœderal

representative, and, unless ordered otherwise by state legislatures,

may choose the electors of the President and Vice-President of the

Union. And lastly, the legislature of the state will have the election

of the senate, as they have heretofore had of the Members of Congress.

Let us then, with a candor worthy of the subject, ask ourselves,

whether it can be feared, that a majority of the Representatives, each

of whom will be chosen by six thousand enlightened freemen, can betray

their country?—Whether a majority of the Senate, each of whom will

be chosen by the legislature of a free, sovereign and independent

state, without any stipulations in favour of wealth or the contemptible

distinctions of birth or rank, and who will be closely observed by the

state legislatures, can destroy our liberties, controuled as they are

too by the house of representatives? or whether a temporary, limited,

executive officer, watched by the fœderal Representatives, by the

Senate, by the state legislatures, by his personal enemies among the

people of his own state, by the jealousy of the people of rival states,

and by the whole of the people of the Union, can ever endanger our

Freedom.(37)

[24] Permit me, my fellow-citizens, to close these observations by

remarking, that there is no spirit of arrogance in the new fœderal

constitution. It addresses you with becoming modesty, admitting that

it may contain errors. Let us give it a trial; and when experience

has taught its mistakes, the people, whom it preserves absolutely

all powerful, can reform and amend them. That I may be perfectly

understood, I will acknowledge its acceptance by all the states,

without delay, is the second wish of my heart. The first is, that our

country may be virtuous and free.

Pamphlets on the Constitution of the United States Published During Its Discussion by the People 1787-1788 · 第 39 / 257 题