Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
Of a very different nature, tho’ only one degree better than the other
reasoning, is all that sublimity of _nonsense_ and _alarm_, that has been
thundered against it in every shape of _metaphoric terror_, on the subject
of a _bill of rights_, the _liberty of the press_, _rights of conscience_,
_rights of taxation and election_, _trials in the vicinity_, _freedom of
speech_, _trial by jury_, and a _standing army_. These last are
undoubtedly important points, much too important to depend on mere paper
protection. For, guard such privileges by the strongest expressions, still
if you leave the legislative and executive power in the hands of those who
are or may be disposed to deprive you of them—you are but slaves. Make an
absolute monarch—give him the supreme authority, and guard as much as you
will by bills of rights, your liberty of the press, and trial by jury;—he
will find means either to take them from you, or to render them useless.
The only real security that you can have for all your important rights
must be in the nature of your government. If you suffer any man to govern
you who is not strongly interested in supporting your privileges, you will
certainly lose them. If you are about to trust your liberties with people
whom it is necessary to bind by stipulation, that they shall not keep a
standing army, your stipulation is not worth even the trouble of writing.
No bill of rights ever yet bound the supreme power longer than the
_honeymoon_ of a new married couple, unless the _rulers were interested_
in preserving the rights; and in that case they have always been ready
enough to declare the rights, and to preserve them when they were
declared.—The famous English _Magna Charta_ is but an act of parliament,
which every subsequent parliament has had just as much constitutional
power to repeal and annul, as the parliament which made it had to pass it
at first. But the security of the nation has always been, that their
government was so formed, that at least _one branch_ of their legislature
must be strongly interested to preserve the rights of the nation.
You have a bill of rights in Connecticut (i. e.) your legislature many
years since enacted that the subjects of this state should enjoy certain
privileges. Every assembly since that time, could, by the same authority,
enact that the subjects should enjoy none of those privileges; and the
only reason that it has not long since been so enacted, is that your
legislature were as strongly interested in preserving those rights as any
of the subjects; and this is your only security that it shall not be so
enacted at the next session of assembly: and it is security enough.
Public-domain text, read in full here on John Shaqi.
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