ANSWER.

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.

Pamphlets on the Constitution of the United States Published During Its Discussion by the People 1787-1788 · 第 106 / 257 题