Problem:
1. I am one of those who have long wished for a federal government, which should have power to protect our trade and provide for the general security of the United States. Accordingly, when the constitution proposed by the late convention made its appearance, I was disposed to embrace it almost without examination; I was determined not to be offended with trifles or to scan it too critically. "We want something: let us try this; experience is the best teacher; if it does not answer our purpose, we can alter it; at all events it will serve for a beginning." Such were my reasoning, but upon further reflection, I may say that I am shaken with very considerable doubts and scruples; I want a federal constitution, and yet I am afraid to concur in giving my consent to what is proposed. Need Assignment Help?
2. It appears to me that I was mistaken in supposing that we could so very easily make trial of this constitution and again change it at our pleasure. The conventions of the several states cannot propose any alterations. They are only to give their assent and ratification. And after the constitution is once ratified, it must remain fixed until two-thirds of both the houses of Congress shall deem it necessary to propose amendments or the legislatures of two-thirds of the several states shall make application to Congress for the calling of a convention for proposing amendments. These amendments shall not be valid till they are ratified by the legislatures of three-fourths of the several states. This is seemingly a cunning way of saying that no alteration shall ever be made so that, whether it is a good constitution or a bad constitution, it will remain forever unamended. Lycurgus, when he promulgated his laws to the Spartans, made them swear that they would make no alterations in them until he should return from a journey which he was then about to undertake. He chose never to return, and therefore no alterations could be made in his laws. Lycurgus led the people to believe that they could make trial of his laws for a few months or years, during his absence, and as soon as he returned, they could continue to observe them or reject at pleasure. Thus, this celebrated Republic was in reality established by a trick. In like manner the proposed constitution holds out a prospect of being subject to be changed if it be found necessary or convenient to change it; but the conditions upon which an alteration can take place are such as in all probability will never exist. Consequently, when the constitution is once established, it never can be altered or amended without some violent convulsion or civil war.
3. If the principles of liberty are not firmly fixed and established in the present constitution, we may hope in vain for retrieving them hereafter. People once possessed of power are always loth to part with it; and we shall never find two-thirds of a Congress voting or proposing anything which shall derogate1 from their own authority and importance, or agreeing to give back to the people any part of those privileges which they have once parted with. The greater occasion there may be for a reformation, the less likelihood there will be of accomplishing it.
4. The great, and the wise, and the mighty will be in possession of places and offices; they will oppose all changes in favor of liberty; they will steadily pursue the acquisition of more and more power to themselves and their adherents. The cause of liberty, if it be now forgotten, will be forgotten forever. Even the press which has so long been employed in the cause of liberty, and to which perhaps the greatest part of the liberty which exists in the world is owing at this moment; the press may possibly be restrained of its freedom, and our children may possibly not be suffered to enjoy this most invaluable blessing of a free communication of each others' sentiments on political subjects. Such at least appear to be some men's fears, and I cannot find in the proposed constitution anything expressly calculated to obviate2 these fears. Should the freedom of the press be restrained on the subject of politics, there is no doubt it will soon after be restrained on all other subjects, religious as well as civil. And if the freedom of the press shall be restrained, it will be another reason to despair of any amendments being made in favor of liberty, after the proposed constitution shall be once established.
5. If these reflections are just, it becomes us to pause, and reflect before we establish a system of government which cannot be amended, which will entail happiness or misery on ourselves and our children. Scarce any people ever deliberately gave up their liberties; but many instances occur in history of their losing them forever by a rash and sudden act, to avoid a pressing inconvenience or gratify some violent passion of revenge or fear.
An Old Whig I. Teaching American History.1787. In the public domain. Adapted by Educational Leadership Solutions, Inc.
1derogate - detract from
2obviate - avoid, prevent