The Anti-Federalist Papers | John DeWitt 2
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The Anti-Federalist Papers | John DeWitt 2


To
the Free Citizens of the Commonwealth of Massachusetts. In my last address upon the proceedings of
the Federal Convention I endeavored to convince you of the importance of the subject, that
it required a cool, dispassionate examination, and a thorough investigation, previous to
its adoption — that it was not a mere revision and amendment of our first Confederation,
but a compleat System for the future government of the United States, and I may now add in
preference to, and in exclusion of, all others heretofore adopted. — It is not TEMPORARY, but in its nature,
PERPETUAL. — It is not designed that you shall be annually
called, either to revise, correct, or renew it; but, that your posterity shall grow up
under, and be governed by it, as well as ourselves. — It is not so capable of alterations as
you would at the first reading suppose; and I venture to assert, it never can be, unless
by force of arms. The fifth article in the proceedings, it is
true, expressly provides for an alteration under certain conditions, whenever “it shall
be ratified by the Legislatures of three fourths of the several States, or by Conventions in
three fourths thereof, as the one or the other mode of ratification may be proposed by Congress.” — Notwithstanding which, such are the “heterogeneous
materials from which this System was formed,” such is the difference of interest, different
manners, and different local prejudices, in the different parts of the United States,
that to obtain that majority of three fourths to any one single alteration, essentially
affecting this or any other State, amounts to an absolute impossibility. The conduct of the Delegates in dissolving
the Convention, plainly speaks this language, and no other. — Their sentiments in their Letter to his
Excellency the President of Congress are — That this Constitution was the result of a spirit
of amity — that the parties came together disposed to concede as much as possible each
to the other — that mutual concessions and compromises did, in fact, take place, and
all those which could, consistent with the peculiarity of their political situation. Their dissolution enforces the same sentiment,
by confining you to the alternative of taking or refusing their doings in the gross. In this view, who is there to be found among
us, who can seriously assert, that this Constitution, after ratification and being practiced upon,
will be so easy of alteration? Where is the probability that a future Convention,
in any future day, will be found possessed of a greater spirit of amity and mutual concession
than the present? Where is the probability that three fourths
of the States in that Convention, or three fourths of the Legislatures of the different
States, whose interests differ scarcely in nothing short of every thing, will be so very
ready or willing materially to change any part of this System, which shall be to the
emolument of an individual State only? No, my fellow-citizens, as you are now obliged
to take it in the whole, so you must hereafter administer it in whole, without the prospect
of change, unless by again reverting to, a state of Nature, which will be ever opposed
with success by those who approve of the Government in being. That the want of a Bill of Rights to accompany
this proposed System, is a solid objection to it, provided there is nothing exceptionable
in the System itself, I do not assert. — If, however, there is at any time, a propriety
in having one, it would not have been amiss here. A people, entering into society, surrender
such a part of their natural rights, as shall be necessary for the existence of that society. They are so precious in themselves, that they
would never be parted with, did not the preservation of the remainder require it. They are entrusted in the hands of those,
who are very willing to receive them, who are naturally fond of exercising of them,
and whose passions are always striving to make a bad use of them. — They are conveyed by a written compact,
expressing those which are given up, and the mode in which those reserved shall be secured. Language is so easy of explanation, and so
difficult is it by words to convey exact ideas, that the party to be governed cannot be too
explicit. The line cannot be drawn with too much precision
and accuracy. The necessity of this accuracy and this precision
encreases in proportion to the greatness of the sacrifice and the numbers who make it. — That a Constitution for the United States
does not require a Bill of Rights, when it is considered, that a Constitution for an
individual State would, I cannot conceive. — The difference between them is only in
the numbers of the parties concerned they are both a compact between the Governors and
Governed the letter of which must be adhered to in discussing their powers. That which is not expressly granted, is of
course retained. The Compact itself is a recital upon paper
of that proportion of the subject’s natural rights, intended to be parted with, for the
benefit of adverting to it in case of dispute. Miserable indeed would be the situation of
those individual States who have not prefixed to their Constitutions a Bill of Rights, if,
as a very respectable, learned Gentleman at the Southward observes, “the People, when
they established the powers of legislation under their separate Governments, invested
their Representatives with every right and authority which they did not, in explicit
terms, reserve; and therefore upon every question, respecting the jurisdiction of the House of
Assembly, if the Frame of Government is silent, the jurisdiction of the House of Assembly,
if the Frame of Government is silent, the jurisdiction is efficient and complete.” In other words, those powers which the people
by their Constitutions expressly give them; they enjoy by positive grant, and those remaining
ones, which they never meant to give them, and which the Constitutions say nothing about,
they enjoy by tacit implication, so that by one means and by the other, they became possessed
of the whole. — This doctrine is but poorly calculated
for the meridian of America, where the nature of compact, the mode of construing them, and
the principles upon which society is founded, are so accurately known and universally diffused. That insatiable thirst for unconditional controul
over our fellow-creatures, and the facility of sounds to convey essentially different
ideas, produced the first Bill of Rights ever prefixed to a Frame of Government. The people, although fully sensible that they
reserved every tittle of power they did not expressly grant away, yet afraid that the
words made use of, to express those rights so granted might convey more than they originally
intended, they chose at the same moment to express in different language those rights
which the agreement did not include, and which they never designed to part with, endeavoring
thereby to prevent any cause for future altercation and the intrusion into society of that doctrine
of tacit implication which has been the favorite theme of every tyrant from the origin of all
governments to the present day. The proceedings of the Convention are now
handed to you by your Legislature, and the second Wednesday in January is appointed for
your final answer. To enable you to give that with propriety;
that your future reflections may produce peace, however opposed the present issue of your
present conduct may be to your present expectations, you must determine, that, in order to support
with dignity the Federal Union, it is proper and fit, that the present Confederation shall
be annihilated: — That the future Congress of the United States shall be armed with the
powers of Legislation, Judgment and Execution. — That annual elections in this Congress
shall not be known, and the most powerful body, the Senate, in which a due proportion
of representation is not preserved, and in which the smallest State has equal weight
with the largest, be the longest in duration: — That it is not necessary for the public
good, that persons habituated to the exercise of power should ever be reminded from whence
they derive it, by a return to the station of private citizens, but that they shall at
all times at the expiration of the term for which they were elected to an office, be capable
of immediate re-election to that same office: — That you will hereafter risk the probability
of having the Chief Executive Branch chosen from among you; and that it is wholly indifferent,
both to you and your children after you, whether this future Government shall be administered
within the territories of your own State, or at the distance of four thousand miles
from them. — You must also determine, that they shall
have the exclusive power of imposts and the duties on imports and exports, the power of
laying excises and other duties, and the additional power of laying internal taxes upon your lands,
your goods, your chattels, as well as your persons at their sovereign pleasure: — That
the produce of these several funds shall be appropriated to the use of the United States,
and collected by their own officers, armed with a military force, if a civil aid should
not prove sufficient: — that the power of organizing, arming and disciplining the militia
shall be lodged in them, and this through fear that they shall not be sufficiently attentive
to keeping so respectable a body of men as the yeomanry of this Commonwealth, compleatly
armed, organized and disciplined; they shall have also the power of raising, supporting
and establishing a standing army in time of peace in your several towns, and I see not
why in your several houses: — That should an insurrection or an invasion, however small,
take place, in Georgia, the extremity of the Continent, it is highly expedient they should
have the power of suspending the writ of Habeas Corpus in Massachusetts, and as long as they
shall judge the public safety requires it: — You must also say, that your present Supreme
Judicial Court shall be an Inferior Court to a Continental Court, which is to be inferior
to the Supreme Court of the United States: — that from an undue bias which they are
supposed to have for the citizens of their own States, they shall not be competent to
determine title to your real estate, disputes which may arise upon a protested Bill of Exchange,
a simple note of hand, or book debt, wherein your citizens shall be unfortunately involved
with disputes of such or any other kind, with citizens either of other States or foreign
States: In all such cases they shall have a right to carry their causes to the Supreme
Court of the United States, whether for delay only or vexation; however distant from the
place of your abode, or inconsistent with your circumstances: — That such appeals
shall be extended to matters of fact as well as law, and a trial of the cause by jury you
shall not have a right to insist upon. — In short, my fellow-citizens, previous
to a capacity of giving a complete answer to these proceedings, you must determine that
the Constitution of your Commonwealth, which is instructive, beautiful and consistent in
practice, which has been justly admired in Europe, as a model of perfection, and which
the present Convention have affected to imitate, a Constitution which is especially calculated
for your territory, and is made conformable to your genius, your habits, the mode of holding
your estates, and your particular interests, shall be reduced in its powers to those of
a City Corporation: — The skeleton of it may remain, but its vital principle shall
be transferred to the new Government: Nay, you must go still further, and agree to invest
the new Congress with powers, which you have yet thought proper to withhold from your own
present Government. — All these, and more, which are contained
in the proceedings of the Federal Convention, may be highly proper and necessary. — In this overturn of all individual governments,
in this new-fashioned set of ideas, and in this total dereliction of those sentiments
which animated us in 1775, the Political Salvation of the United States may be very deeply interested,
but BE CAUTIOUS.

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