Essays on the Constitution of the United States Part 26

And by the 4th art., 2d sec., "the citizens of each state shall be ent.i.tled to all the privileges and immunities of citizens in the several states," whereby the clause is rendered entirely nugatory.

From this contrast it appears that the general government, when compleatly organized, will absorb all those powers of the state which the framers of its const.i.tution had declared should be only exercised by the representatives of the people of the state; that the burthens and expence of supporting a state establishment will be perpetuated; but its operations to ensure or contribute to any essential measures promotive of the happiness of the people may be totally prostrated, the general government arrogating to itself the right of interfering in the most minute objects of internal police, and the most trifling domestic concerns of every state, by possessing a power of pa.s.sing laws "to provide for the general welfare of the United States," which may affect life, liberty and property in every modification they may think expedient, unchecked by cautionary reservations, and unrestrained by a declaration of any of those rights which the wisdom and prudence of America in the year 1776 held ought to be at all events protected from violation.

In a word, the new const.i.tution will prove finally to dissolve all the power of the several state legislatures, and destroy the rights and liberties of the people; for the power of the first will be all in all, and of the latter a mere shadow and form without substance, and if adopted we may (in imitation of the Carthagenians) say, Delenda vit Americae.

SYDNEY.

CURSORY REMARKS BY HUGH HENRY BRACKENRIDGE.

Printed In The American Museum, April, 1788.

Note.

This article first appeared in _The Pittsburgh Gazette_, but as I have not been able to find a file of that paper, I have been compelled to reprint it from _The American Museum_. It was anonymous, but its authors.h.i.+p is settled by its republication in Brackenridge's "_Gazette Publications_,"

printed in book form in 1806.

Cursory Remarks.

The American Museum, (Number 4)

APRIL, 1788.

It is not my intention to enter largely into a consideration of this plan of government, but to suggest some ideas in addition to, and of the same nature with, those already made, showing the imperfections and the danger of it.

The first thing that strikes a diligent observer, is the want of precaution with regard to the _s.e.x_ of the president. Is it provided that he shall be of the male gender? The Salii, a tribe of the Burgundians, in the 11th century, excluded females from the sovereignty. Without a similar exclusion, what shall we think, if, in progress of time, we should come to have an _old woman_ at the head of our affairs? But what security have we that he shall be a _white man_? What would be the national disgrace if he should be elected from one of the southern states, and a _vile negro_ should come to rule over us? Treaties would then be formed with the tribes of Congo and Loango, instead of the civilized nations of Europe. But is there any security that he shall be a _freeman_? Who knows but the electors at a future period, in days of corruption, may pick up a man-servant, a convict perhaps, and give him the dominion? Is any care taken that he shall be of _perfect parts_? Shall we, in affairs of a civil nature, leave a door open to lame men, b.a.s.t.a.r.ds, eunuchs, and the devil knows what?

A senate is the next great const.i.tuent part of the government; and yet there is not a word said with regard to the ancestry of any of them; whether they should be altogether Irish, or only Scots Irish. If any of them have been in the war of the White Boys, the Heart of Oak, or the like, they may overturn all authority, and make s.h.i.+lelah the supreme law of the land.

The house of representatives is to be so large, that it can never be built. They may begin it, but it can never be finished. Ten miles square!

Babylon itself, unless the suburbs are taken into view, was not of greater extent.

But what avails it to dwell on these things? The want of a _bill of rights_ is the great evil. There was no occasion for a bill of _wrongs_; for there will be wrongs enough. But oh! a _bill of rights_! What is the nature of a bill of rights? "It is a schedule or inventory of those powers which Congress do not possess." But if it is clearly ascertained what powers they have, what need of a catalogue of those powers they have not?

Ah! there is the mistake. A minister preaching, undertook, first, to show what was in his text; second, what was not in it. When it is specified what powers are given, why not also what powers are not given? A bill of rights is wanting, and all those things which are usually secured under it-

1. The _rights of conscience_ are swept away. The Confession of Faith, the Prayer-Book, the Manual and Pilgrim's Progress are to go. The psalms of Watts, I am told, are the only thing of the kind that is to have any quarter at all.

2. The _liberty of the press_-that is gone at the first stroke. Not so much as an advertis.e.m.e.nt for a stray horse, or a runaway negro, can be put in any of the gazettes.

3. The _trial by jury_-that is knocked in the head, and all that worthy cla.s.s of men, the lawyers, who live by haranguing and bending the juries, are demolished.

I would submit it to any candid man, if in this const.i.tution there is the least provision for the privilege of shaving the beard? or is there any mode laid down to take the measure of a pair of breeches? Whence is it then, that men of learning seem so much to approve, while the ignorant are against it? The cause is perfectly apparent, viz., that reason is an erring guide, while instinct, which is the governing principle of the untaught, is certain. Put a pig in a poke, carry it half a day's journey through woods and by-ways, let it out, and it will run home without deviation. Could Dr. Franklin do this? What reason have we then to suppose that his judgment, or that of Was.h.i.+ngton, could be equal to that of Mr.

Smilie(55) in state affairs?

Were it not on this principle that we are able to account for it, it might be thought strange that old Livingston,(56) of the Jersies, could be so hoodwinked as to give his sanction to such a diabolical scheme of tyranny amongst men-a const.i.tution which may well be called h.e.l.l-born. For if all the devils in Pandemonium had been employed about it, they could not have made a worse.

Neil MacLaughlin, a neighbor of mine, who has been talking with Mr.

Findley, says that under this const.i.tution all weavers are to be put to death. What have these innocent manufacturers done that they should be proscribed?

Let other states think what they will of it, there is one reason why every Pennsylvanian should execrate this imposition upon mankind. It will make his state most probably the seat of government, and bring all the officers, and cause a great part of the revenue to be expended here. This must make the people rich, enable them to pay their debts, and corrupt their morals. Any citizen, therefore, on the Delaware and Susquehannah waters, ought to be hanged and quartered, that would give it countenance.

I shall content myself at present with these strictures, but shall continue them from time to time as occasion may require.

LETTER OF CAUTION, WRITTEN BY SAMUEL CHASE.

Printed In THE MARYLAND JOURNAL, October, 1788.

Note.

The authors.h.i.+p of this essay is fixed upon Chase by a letter of Daniel Carroll, who in writing to Madison, alludes to both this, and his reply, printed _post_. Chase was the leader of the Anti-Federalists in Maryland, but was at first compelled by popular feeling to temporize, as is shown by the following extracts, taken from the Maryland Journal for September 28, 1787:

The following is the conclusion of the speech of Samuel Chase, Esq., delivered this day, at the Court House, before a numerous and respectable body of citizens.

(Published by request of many electors of Baltimore Town.)

The Const.i.tution proposed by the late Convention, for the United States, will alter, and in some instances, abolish our Bill of Rights and Form of Government. The Legislature of this State have no right to alter our Form of Government, but in the mode prescribed by the Const.i.tution. The only question for the General a.s.sembly to determine is this, whether they will recommend to the people to elect delegates to meet in convention, to consider and decide on the plan proposed. I have always maintained the Union, and the increase of powers in Congress. I think the Federal Government must be greatly altered. I have not formed my opinion, whether the plan proposed ought to be accepted as it stands, without any amendment or alteration. The subject is very momentous, and involves the greatest consequences. If elected, I will vote for, and use my endeavours to procure a recommendation by the Legislature to call a convention, as soon as it can conveniently be done, unless otherways directed by this town.

_September 26, 1787._

Having been informed that my engagements of yesterday, to the meeting at the Court House, "to vote for, and use my endeavours to procure a recommendation by the Legislature, to call a convention as soon as it can conveniently be done," is not understood; from a desire, if possible, to remove all misunderstanding, I take the liberty to declare, that by the promise I meant to engage, and therefore do promise, if elected, that I will use my endeavours to procure, at the next session of a.s.sembly, and as soon in the session as the necessary business of the State will permit, a recommendation by the General a.s.sembly to call a convention, to consider and decide on the Const.i.tution proposed by the late Convention for the United States, and to appoint the election of delegates to the Convention as soon as the convenience of the people will permit. I further beg leave to add as my opinion, that the election of delegates to the Convention ought to be as early in the spring as may be.

SAMUEL CHASE.

_Baltimore, September 27, 1787._