My ideas of liberty are so different from those of Mr. Mason, that in
my opinion this very prohibition is one of the most valuable parts of
the new constitution. _Ex post facto_ laws may sometimes be convenient,
but that they are ever absolutely necessary I shall take the liberty
to doubt, till that necessity can be made apparent. Sure I am, they
have been the instrument of some of the grossest acts of tyranny that
were ever exercised, and have this never failing consequence, to put
the minority in the power of a passionate and unprincipled majority,
as to the most sacred things, and the plea of necessity is never
wanting where it can be of any avail. This very clause, I think, is
worth ten thousand declarations of rights, if this, the most essential
right of all, was omitted in them. A man may feel some pride in his
security, when he knows that what he does innocently and safely to-day
in accordance with the laws of his country, cannot be tortured into
guilt and danger to-morrow. But if it should happen, that a great and
overruling necessity, acknowledged and felt by all, should make a
deviation from this prohibition excusable, shall we not be more safe
in leaving the excuse for an extraordinary exercise of power to rest
upon the apparent equity of it alone, than to leave the door open to
a tyranny it would be intolerable to bear? In the one case, every one
must be sensible of its justice, and therefore excuse it; in the other,
whether its exercise was just or unjust, its being lawful would be
sufficient to command obedience. Nor would a case like that, resting
entirely on its own bottom, from a conviction of invincible necessity,
warrant an avowed abuse of another authority, where no such necessity
existed or could be pretended.
I have now gone through Mr. Mason’s objections; one thing still
remains to be taken notice of, his prediction, which he is pleased to
express in these words: “This government will commence in a moderate
aristocracy; it is at present impossible to foresee, whether it
will in its operation produce a monarchy, or a corrupt, oppressive
aristocracy; it will most probably vibrate some years between the two,
and then terminate in the one or the other.” From the uncertainty of
this prediction, we may hope that Mr. Mason was not divinely inspired
when he made it, and of course that it may as fairly be questioned
as any of his particular objections. If my answers to his objections
are, in general, solid, a very different government will arise from
the new constitution, if the several States should adopt it, as I hope
they will. It will not probably be too much to flatter ourselves with,
that it may present a spectacle of combined strength in government,
and genuine liberty in the people, the world has never yet beheld. In
the meantime, our situation is critical to the greatest degree. Those
gentlemen who think we may at our ease go on from one convention to
another, to try if all objections cannot be conquered by perseverance,
have much more sanguine expectations than I can presume to form. There
are critical periods in the fate of nations, as well as in the life of
man, which are not to be neglected with impunity. I am much mistaken
if this is not such a one with us. When we were at the very brink of
despair, the late excellent Convention with a unanimity that none
could have hoped for, generously discarding all little considerations
formed a system of government which I am convinced can stand the nicest
examination, if reason and not prejudice is employed in viewing it.
With a happiness of thought, which in our present awful situation
ought to silence much more powerful objections than any I have heard,
they have provided in the very frame of government a safe, easy and
unexceptionable method of correcting any errors it may be thought to
contain. Those errors may be corrected at leisure; in the mean time the
acknowledged advantages likely to flow from this constitution may be
enjoyed. We may venture to hold up our head among the other powers of
the world. We may talk to them with the confidence of an independent
people, having strength to resent insults; and avail ourselves of our
natural advantages. We may be assured of once more beholding justice,
order and dignity taking place of the present anarchical confusion
prevailing almost every where, and drawing upon us universal disgrace.
We may hope, by proper exertions of industry, to recover thoroughly
from the shock of the late war, and truly to become an independent,
great and prosperous people. But if we continue as we now are,
wrangling about every trifle, listening to the opinion of a small
minority, in preference to a large and most respectable majority of
the first men in our country, and among them some of the first in the
world, if our minds in short are bent rather on indulging a captious
discontent, than bestowing a generous and well-placed confidence in
those who we have every reason to believe are entirely worthy of it,
we shall too probably present a spectacle for malicious exultation to
our enemies, and melancholy dejection to our friends; and the honor,
glory and prosperity which were just within our reach, will perhaps be
snatched from us for ever.