SUBSTANCE OF AN ADDRESS
TO A
MEETING OF THE CITIZENS OF PHILADELPHIA,
DELIVERED, OCTOBER SIXTH, MDCCLXXXVII,
BY THE HONORABLE
JAMES WILSON, ESQUIRE,
ONE OF THE DE EGATES FROM THE STATE OF PENNSYLVANIA TO THE
LATE CONTINENTAL CONVENTION.
_Mr. Chairman and Fellow Citizens_,
Having received the honour of an appointment to represent you in the
late convention, it is, perhaps, my duty to comply with the request of
many gentlemen, whose characters and judgments I sincerely respect,
and who have urged that this would be a proper occasion to lay before
you any information, which will serve to elucidate and explain the
principles and arrangements of the constitution- [26] that has been
submitted to the consideration of the United States. I confess that I
am unprepared for so extensive and so important a disquisition: but the
insidious attempts, which are clandestinely and industriously made to
pervert and destroy the new plan, induce me the more readily to engage
in its defence: and the impressions of four months constant attendance
to the subject, have not been so easily effaced, as to leave me without
an answer to the objections which have been raised.
It will be proper, however, before I enter into the refutation of the
charges that are alleged, to mark the leading discrimination between
the state constitutions, and the constitution of the United States.
When the people established the powers of legislation under their
separate governments, they invested their representatives with every
right and authority which they did not in explicit terms reserve: and
therefore upon every question, respecting the jurisdiction of the house
of assembly, if the frame of government is silent, the jurisdiction is
efficient and complete. But in delegating fœderal powers, another
criterion was necessarily introduced: and the congressional authority
is to be collected, not from tacit implication, but from the positive
grant, expressed in the instrument of union. Hence, it is evident, that
in the former case, everything which is not reserved, is given: but in
the latter, the reverse of the proposition prevails, and every thing
which is not given, is reserved. This distinction being recognized,
will furnish an answer to those who think the omission of a bill of
rights, a defect in the proposed constitution: for it would have been
superfluous and absurd, to have stipulated with a fœderal body of
our own creation, that we should enjoy those privileges, of which we
are not divested either by the intention or the act that has brought
that body into existence. For instance, the liberty of the [27] press,
which has been a copious subject of declamation and opposition: what
controul can proceed from the fœderal government, to shackle or
destroy that sacred palladium of national freedom? If, indeed, a
power similar to that which has been granted for the regulation of
commerce, had been granted to regulate literary publications, it
would have been as necessary to stipulate that the liberty of the
press should be preserved inviolate, as that the impost should be
general in its operation. With respect, likewise, to the particular
district of ten miles, which is to be the seat of government, it will
undoubtedly be proper to observe this salutary precaution, as there
the legislative power will be vested in the president, senate, and
house of representatives of the United States. But this could not be an
object with the convention: for it must naturally depend upon a future
compact; to which the citizens immediately interested, will, and ought
to be parties: and there is no reason to suspect, that so popular a
privilege will in that case be neglected. In truth, then, the proposed
system possesses no influence whatever upon the press; and it would
have been merely nugatory, to have introduced a formal declaration upon
the subject; nay, that very declaration might have been construed to
imply that some degree of power was given, since we undertook to define
its extent.
Another objection that has been fabricated against the new
constitution, is expressed in this disingenuous form—“the trial
by jury is abolished in civil cases.” I must be excused, my fellow
citizens, if, upon this point, I take advantage of my professional
experience, to detect the futility of the assertion. Let it be
remembered, then, that the business of the fœderal constitution was
not local, but general—not limited to the views and establishments
of a single state, but co-extensive with the continent, and
comprehending the [28] views and establishments of thirteen independent
sovereignties. When, therefore, this subject was in discussion, we were
involved in difficulties, which pressed on all sides, and no precedent
could be discovered to direct our course. The cases open to a jury,
differed in the different states; it was therefore impracticable,
on that ground, to have made a general rule. The want of uniformity
would have rendered any reference to the practice of the states idle
and useless: and it could not, with any propriety, be said, that “the
trial by jury shall be as heretofore:” since there has never existed
any fœderal system of jurisprudence, to which the declaration
could relate. Besides, it is not in all cases that the trial by
jury is adopted in civil questions: for causes depending in courts
of admiralty, such as relate to maritime captures, and such as are
agitated in the courts of equity, do not require the intervention of
that tribunal. How, then, was the line of discrimination to be drawn?
The convention found the task too difficult for them: and they left
the business as it stands—in the fullest confidence, that no danger
could possibly ensue, since the proceedings of the supreme court are
to be regulated by the congress, which is a faithful representation of
the people: and the oppression of government is effectually barred,
by declaring that in all criminal cases, the trial by jury shall be
preserved.
This constitution, it has been further urged, is of a pernicious
tendency, because it tolerates a standing army in the time of peace.
This has always been a popular topic of declamation: and yet I do not
know a nation in the world, which has not found it necessary and useful
to maintain the appearance of strength in a season of the most profound
tranquility. Nor is it a novelty with us; for under the present
articles of confederation, congress certainly possesses this reprobated
power: and the exercise of it is proved at this [29] moment by the
cantonments along the banks of the Ohio. But what would be our national
situation, where it otherwise? Every principle of policy must be
subverted, and the government must declare war before they are prepared
to carry it on. Whatever may be the provocation, however important
the object in view, and however necessary dispatch and secrecy may
be, still the declaration must precede the preparation, and the enemy
will be informed of your intention, not only before you are equipped
for an attack, but even before you are fortified for a defence. The
consequence is too obvious to require any further delineation; and
no man, who regards the dignity and safety of his country, can deny
the necessity of a military force, under the controul, and with the
restrictions which the new constitution provides.
Perhaps there never was a charge made with less reason, than that which
predicts the institution of a baneful aristocracy in the fœderal
senate. This body branches into two characters, the one legislative,
and the other executive. In its legislative character, it can effect
no purpose without the co-operation of the house of representatives:
and in its executive character, it can accomplish no object, without
the concurrence of the president. Thus fettered, I do not know any act
which the senate can of itself perform: and such dependence necessarily
precludes every idea of influence and superiority. But I will confess,
that in the organization of this body, a compromise between contending
interests is discernible: and when we reflect how various are the laws,
commerce, habits, population, and extent of the confederated states,
this evidence of mutual concession and accommodation ought rather to
command a generous applause, than to excite jealousy and reproach. For
my part, my admiration can only be equalled by my astonishment, in
beholding so perfect a system formed from such heterogeneous materials.
[30] The next accusation I shall consider, is that which represents the
fœderal constitution as not only calculated, but designedly framed,
to reduce the state governments to mere corporations, and eventually
to annihilate them. Those who have employed the term corporation,
upon this occasion, are not perhaps aware of its extent. In common
parlance, indeed, it is generally applied to petty associations for
the ease and conveniency of a few individuals; but in its enlarged
sense, it will comprehend the government of Pennsylvania, the existing
union of the states, and even this projected system is nothing more
than a formal act of incorporation. But upon what pretence can it be
alleged that it was designed to annihilate the state governments?
For, I will undertake to prove that upon their existence depends the
existence of the fœderal plan. For this purpose, permit me to call
your attention to the manner in which the president, senate, and house
of representatives, are proposed to be appointed. The president is to
be chosen by electors, nominated in such manner as the legislature of
each state may direct; so that if there is no legislature, there can be
no senate. The house of representatives is to be composed of members
chosen every second year by the people of the several states, and the
electors in each state shall have the qualifications requisite to
electors of the most numerous branch of the state legislature—unless,
therefore, there is a state legislature, that qualification cannot be
ascertained, and the popular branch of the fœderal constitution must
likewise be extinct. From this view, then, it is evidently absurd to
suppose, that the annihilation of the separate governments will result
from their union; or, that, having that intention, the authors of the
new system would have bound their connection with such indissoluble
ties. Let me here advert to an arrangement highly advantageous; for
you will perceive, with- [31] out prejudice to the powers of the
legislature in the election of senators, the people at large will
acquire an additional privilege in returning members to the house of
representatives—whereas, by the present confederation, it is the
legislature alone that appoints the delegates to congress.
The power of direct taxation has likewise been treated as an improper
delegation to the fœderal government; but when we consider it as
the duty of that body to provide for the national safety, to support
the dignity of the union, and to discharge the debts contracted upon
the collective faith of the states, for their common benefit, it must
be acknowledged that those, upon whom such important obligations are
imposed, ought, in justice and in policy, to possess every means
requisite for a faithful performance of their trust. But why should we
be alarmed with visionary evils? I will venture to predict, that the
great revenue of the United States must, and always will, be raised by
impost; for, being at once less obnoxious, and more productive, the
interest of the government will be best promoted by the accommodation
of the people. Still, however, the object of direct taxation should be
within reach in all cases of emergency; and there is no more reason
to apprehend oppression in the mode of collecting a revenue from this
resource, than in the form of impost, which, by universal assent, is
left to the authority of the fœderal government. In either case, the
force of civil constitutions will be adequate to the purpose; and the
dread of military violence, which has been assiduously disseminated,
must eventually prove the mere effusion of a wild imagination, or a
factious spirit. But the salutary consequences that must flow from thus
enabling the government to relieve and support the credit of the union,
will afford another answer to the objections upon this ground. The
state of Pennsylvania, particularly, [32] which has encumbered itself
with the assumption of a great proportion of the public debt, will
derive considerable relief and advantage; for, as it was the imbecility
of the present confederation, which gave rise to the funding law, that
law must naturally expire, when a complete and energetic fœderal
system shall be substituted—the state will then be discharged from an
extraordinary burden, and the national creditor will find it to be to
his interest to return to his original security.
After all, my fellow-citizens, it is neither extraordinary nor
unexpected, that the constitution offered to your consideration,
should meet with opposition. It is the nature of man to pursue his own
interest, in preference to the public good; and I do not mean to make
any personal reflection, when I add, that it is the interest of a very
numerous, powerful, and respectable body, to counteract and destroy
the excellent work produced by the late convention. All the officers
of government, and all the appointments for the administration of
justice and the collection of the public revenue, which are transferred
from the individual to the aggregate sovereignty of the states, will
necessarily turn the stream of influence and emolument into a new
channel. Every person, therefore, who either enjoys, or expects to
enjoy a place of profit under the present establishment, will object to
the proposed innovation not, in truth, because it is injurious to the
liberties of his country, but because it effects his schemes of wealth
and consequence. I will confess, indeed, that I am not a blind admirer
of this plan of government, and that there are some parts of it, which,
if my wish had prevailed, would certainly have been altered. But, when
I reflect how widely men differ in their opinions, and that every man
(and the observation applies likewise to every state) has an equal
pretension to assert his own, I am satisfied that [33] any thing nearer
to perfection could not have been accomplished. If there are errors,
it should be remembered, that the seeds of reformation are sown in the
work itself, and the concurrence of two thirds of the congress may at
any time introduce alterations and amendments. Regarding it, then, in
every point of view, with a candid and disinterested mind, I am bold
to assert, that it is the BEST FORM OF GOVERNMENT WHICH HAS EVER BEEN
OFFERED TO THE WORLD.(38)