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To the People of
the State of New York:
OOOOACCORDING to the formal division of
the subject of these papers, announced in my first number, there would
appear still to remain for discussion two points: "the analogy of
the proposed government to your own State constitution,'' and "the
additional security which its adoption will afford to republican
government, to liberty, and to property.'' But these heads have been
so fully anticipated and exhausted in the progress of the work, that
it would now scarcely be possible to do any thing more than repeat, in
a more dilated form, what has been heretofore said, which the advanced
stage of the question, and the time already spent upon it, conspire to
forbid.
OOOOIt is remarkable, that the
resemblance of the plan of the convention to the act which organizes
the government of this State holds, not less with regard to many of
the supposed defects, than to the real excellences of the former.
Among the pretended defects are the re-eligibility of the Executive,
the want of a council, the omission of a formal bill of rights, the
omission of a provision respecting the liberty of the press. These and
several others which have been noted in the course of our inquiries
are as much chargeable on the existing constitution of this State, as
on the one proposed for the Union; and a man must have slender
pretensions to consistency, who can rail at the latter for
imperfections which he finds no difficulty in excusing in the former.
Nor indeed can there be a better proof of the insincerity and
affectation of some of the zealous adversaries of the plan of the
convention among us, who profess to be the devoted admirers of the
government under which they live, than the fury with which they have
attacked that plan, for matters in regard to which our own
constitution is equally or perhaps more vulnerable.
OOOOThe additional securities to
republican government, to liberty and to property, to be derived from
the adoption of the plan under consideration, consist chiefly in the
restraints which the preservation of the Union will impose on local
factions and insurrections, and on the ambition of powerful
individuals in single States, who may acquire credit and influence
enough, from leaders and favorites, to become the despots of the
people; in the diminution of the opportunities to foreign intrigue,
which the dissolution of the Confederacy would invite and facilitate;
in the prevention of extensive military establishments, which could
not fail to grow out of wars between the States in a disunited
situation; in the express guaranty of a republican form of government
to each; in the absolute and universal exclusion of titles of
nobility; and in the precautions against the repetition of those
practices on the part of the State governments which have undermined
the foundations of property and credit, have planted mutual distrust
in the breasts of all classes of citizens, and have occasioned an
almost universal prostration of morals.
OOOOThus have I, fellow-citizens,
executed the task I had assigned to myself; with what success, your
conduct must determine. I trust at least you will admit that I have
not failed in the assurance I gave you respecting the spirit with
which my endeavors should be conducted. I have addressed myself purely
to your judgments, and have studiously avoided those asperities which
are too apt to disgrace political disputants of all parties, and which
have been not a little provoked by the language and conduct of the
opponents of the Constitution. The charge of a conspiracy against the
liberties of the people, which has been indiscriminately brought
against the advocates of the plan, has something in it too wanton and
too malignant, not to excite the indignation of every man who feels in
his own bosom a refutation of the calumny. The perpetual changes which
have been rung upon the wealthy, the well-born, and the great, have
been such as to inspire the disgust of all sensible men. And the
unwarrantable concealments and misrepresentations which have been in
various ways practiced to keep the truth from the public eye, have
been of a nature to demand the reprobation of all honest men. It is
not impossible that these circumstances may have occasionally betrayed
me into intemperances of expression which I did not intend; it is
certain that I have frequently felt a struggle between sensibility and
moderation; and if the former has in some instances prevailed, it must
be my excuse that it has been neither often nor much.
OOOOLet us now pause and ask ourselves
whether, in the course of these papers, the proposed Constitution has
not been satisfactorily vindicated from the aspersions thrown upon it;
and whether it has not been shown to be worthy of the public
approbation, and necessary to the public safety and prosperity. Every
man is bound to answer these questions to himself, according to the
best of his conscience and understanding, and to act agreeably to the
genuine and sober dictates of his judgment. This is a duty from which
nothing can give him a dispensation. 'T is one that he is called upon,
nay, constrained by all the obligations that form the bands of
society, to discharge sincerely and honestly. No partial motive, no
particular interest, no pride of opinion, no temporary passion or
prejudice, will justify to himself, to his country, or to his
posterity, an improper election of the part he is to act. Let him
beware of an obstinate adherence to party; let him reflect that the
object upon which he is to decide is not a particular interest of the
community, but the very existence of the nation; and let him remember
that a majority of America has already given its sanction to the plan
which he is to approve or reject.
OOOOI shall not dissemble that I feel an
entire confidence in the arguments which recommend the proposed system
to your adoption, and that I am unable to discern any real force in
those by which it has been opposed. I am persuaded that it is the best
which our political situation, habits, and opinions will admit, and
superior to any the revolution has produced.
OOOOConcessions on the part of the
friends of the plan, that it has not a claim to absolute perfection,
have afforded matter of no small triumph to its enemies. "Why,''
say they, "should we adopt an imperfect thing? Why not amend it
and make it perfect before it is irrevocably established?'' This may
be plausible enough, but it is only plausible. In the first place I
remark, that the extent of these concessions has been greatly
exaggerated. They have been stated as amounting to an admission that
the plan is radically defective, and that without material alterations
the rights and the interests of the community cannot be safely
confided to it. This, as far as I have understood the meaning of those
who make the concessions, is an entire perversion of their sense. No
advocate of the measure can be found, who will not declare as his
sentiment, that the system, though it may not be perfect in every
part, is, upon the whole, a good one; is the best that the present
views and circumstances of the country will permit; and is such an one
as promises every species of security which a reasonable people can
desire.
OOOOI answer in the next place, that I
should esteem it the extreme of imprudence to prolong the precarious
state of our national affairs, and to expose the Union to the jeopardy
of successive experiments, in the chimerical pursuit of a perfect
plan. I never expect to see a perfect work from imperfect man. The
result of the deliberations of all collective bodies must necessarily
be a compound, as well of the errors and prejudices, as of the good
sense and wisdom, of the individuals of whom they are composed. The
compacts which are to embrace thirteen distinct States in a common
bond of amity and union, must as necessarily be a compromise of as
many dissimilar interests and inclinations. How can perfection spring
from such materials?
OOOOThe reasons assigned in an excellent
little pamphlet lately published in this city, 1
are unanswerable to show the utter improbability of assembling a new
convention, under circumstances in any degree so favorable to a happy
issue, as those in which the late convention met, deliberated, and
concluded. I will not repeat the arguments there used, as I presume
the production itself has had an extensive circulation. It is
certainly well worthy the perusal of every friend to his country.
There is, however, one point of light in which the subject of
amendments still remains to be considered, and in which it has not yet
been exhibited to public view. I cannot resolve to conclude without
first taking a survey of it in this aspect.
OOOOIt appears to me susceptible of
absolute demonstration, that it will be far more easy to obtain
subsequent than previous amendments to the Constitution. The moment an
alteration is made in the present plan, it becomes, to the purpose of
adoption, a new one, and must undergo a new decision of each State. To
its complete establishment throughout the Union, it will therefore
require the concurrence of thirteen States. If, on the contrary, the
Constitution proposed should once be ratified by all the States as it
stands, alterations in it may at any time be effected by nine States.
Here, then, the chances are as thirteen to nine 2
in favor of subsequent amendment, rather than of the original adoption
of an entire system.
OOOOThis is not all. Every Constitution
for the United States must inevitably consist of a great variety of
particulars, in which thirteen independent States are to be
accommodated in their interests or opinions of interest. We may of
course expect to see, in any body of men charged with its original
formation, very different combinations of the parts upon different
points. Many of those who form a majority on one question, may become
the minority on a second, and an association dissimilar to either may
constitute the majority on a third. Hence the necessity of moulding
and arranging all the particulars which are to compose the whole, in
such a manner as to satisfy all the parties to the compact; and hence,
also, an immense multiplication of difficulties and casualties in
obtaining the collective assent to a final act. The degree of that
multiplication must evidently be in a ratio to the number of
particulars and the number of parties.
OOOOBut every amendment to the
Constitution, if once established, would be a single proposition, and
might be brought forward singly. There would then be no necessity for
management or compromise, in relation to any other point no giving nor
taking. The will of the requisite number would at once bring the
matter to a decisive issue. And consequently, whenever nine, or rather
ten States, were united in the desire of a particular amendment, that
amendment must infallibly take place. There can, therefore, be no
comparison between the facility of affecting an amendment, and that of
establishing in the first instance a complete Constitution.
OOOOIn opposition to the probability of
subsequent amendments, it has been urged that the persons delegated to
the administration of the national government will always be
disinclined to yield up any portion of the authority of which they
were once possessed. For my own part I acknowledge a thorough
conviction that any amendments which may, upon mature consideration,
be thought useful, will be applicable to the organization of the
government, not to the mass of its powers; and on this account alone,
I think there is no weight in the observation just stated. I also
think there is little weight in it on another account. The intrinsic
difficulty of governing thirteen States at any rate, independent of
calculations upon an ordinary degree of public spirit and integrity,
will, in my opinion constantly impose on the national rulers the
necessity of a spirit of accommodation to the reasonable expectations
of their constituents. But there is yet a further consideration, which
proves beyond the possibility of a doubt, that the observation is
futile. It is this that the national rulers, whenever nine States
concur, will have no option upon the subject. By the fifth article of
the plan, the Congress will be obliged "on the application of the
legislatures of two thirds of the States which at present amount to
nine, to call a convention for proposing amendments, which shall be
valid, to all intents and purposes, as part of the Constitution, when
ratified by the legislatures of three fourths of the States, or by
conventions in three fourths thereof.'' The words of this article are
peremptory. The Congress "shall call a convention.'' Nothing in
this particular is left to the discretion of that body. And of
consequence, all the declamation about the disinclination to a change
vanishes in air. Nor however difficult it may be supposed to unite two
thirds or three fourths of the State legislatures, in amendments which
may affect local interests, can there be any room to apprehend any
such difficulty in a union on points which are merely relative to the
general liberty or security of the people. We may safely rely on the
disposition of the State legislatures to erect barriers against the
encroachments of the national authority.
OOOOIf the foregoing argument is a
fallacy, certain it is that I am myself deceived by it, for it is, in
my conception, one of those rare instances in which a political truth
can be brought to the test of a mathematical demonstration. Those who
see the matter in the same light with me, however zealous they may be
for amendments, must agree in the propriety of a previous adoption, as
the most direct road to their own object.
OOOOThe zeal for attempts to amend,
prior to the establishment of the Constitution, must abate in every
man who is ready to accede to the truth of the following observations
of a writer equally solid and ingenious: "To balance a large
state or society says he, whether monarchical or republican, on
general laws, is a work of so great difficulty, that no human genius,
however comprehensive, is able, by the mere dint of reason and
reflection, to effect it. The judgments of many must unite in the
work; experience must guide their labor; time must bring it to
perfection, and the feeling of inconveniences must correct the
mistakes which they INEVITABLY fall into in their first trials and
experiments.'' 3 These judicious reflections
contain a lesson of moderation to all the sincere lovers of the Union,
and ought to put them upon their guard against hazarding anarchy,
civil war, a perpetual alienation of the States from each other, and
perhaps the military despotism of a victorious demagogue, in the
pursuit of what they are not likely to obtain, but from time and
experience. It may be in me a defect of political fortitude, but I
acknowledge that I cannot entertain an equal tranquillity with those
who affect to treat the dangers of a longer continuance in our present
situation as imaginary. A nation, without a national government, is,
in my view, an awful spectacle. The establishment of a Constitution,
in time of profound peace, by the voluntary ocnsent of a whole people,
is a prodigy, to the completion of which I look forward with trembling
anxiety. I can reconcile it to no rules of prudence to let go the hold
we now have, in so arduous an enterprise, upon seven out of the
thirteen States, and after having passed over so considerable a part
of the ground, to recommence the course. I dread the more the
consequences of new attempts, because I know that powerful
individuals, in this and in other States, are enemies to a general
national government in every possible shape.
OOOOPUBLIUS
1.
Entitled "An Address to the People of the State of New York.''
2. It may rather be
said TEN, for though two thirds may set on foot the measure, three
fourths must ratify.
3. Hume's "Essays,''
vol. i., page 128: "The Rise of Arts and Sciences.''
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