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
and one in which the science of government was so perfectly understood, I
might sink into such a state of modesty and diffidence as not to be able
to muster up resolution enough to break the seal of silence and open my
lips even after the rays of light had begun to penetrate my understanding,
and in some measure to chase away those clouds of error and ignorance in
which it was enveloped on my first arrival? Perhaps had I been treated
with a more forbearing indulgence while committing those memorable
blunders, for a want of a sufficient knowledge in the science of
government, I might, after the rays of light had illuminated my mind, have
rendered my country much more important services, and not only assisted in
raising some of the pillars, but have furnished the edifice with a new
roof of my own construction, rather better calculated for the convenience
and security of those who might wish to take shelter beneath it, than that
which it at present enjoys. Or even admitting I was not mortified, as I
certainly ought to have been, from the Landholder’s account of the matter,
into a total loss of speech, was it in me, who considered the system, for
a variety of reasons, absolutely inconsistent with your political welfare
and happiness, a culpable neglect of duty in not endeavouring, and that
against every chance of success, to remove one or two defects, when I had
before ineffectually endeavoured to clear it of the others, which
therefore, I knew must remain? But to be serious, as to what relates to
the appellate jurisdiction in the extent given by the system proposed, I
am positive there were objections made to it, and as far as my memory will
serve me, I think I was in the number of those who actually objected; but
I am sure that the objections met with my approbation. With respect to a
bill of rights, had the government been formed upon principles truly
federal, as I wished it, legislating over and acting upon the states only
in their collective or political capacity, and not on individuals, there
would have been no need of a bill of rights, as far as related to the
rights of individuals, but only as to the rights of states. But the
proposed constitution being intended and empowered to act not only on
states, but also immediately on individuals, it renders a recognition and
a stipulation in favour of the rights both of states and of men, not only
proper, but in my opinion absolutely necessary. I endeavoured to obtain a
restraint on the powers of the general government, as to standing armies,
but it was rejected. It was my wish that the general government should not
have the power of suspending the privilege of the writ of habeas corpus,
as it appears to me altogether unnecessary, and that the power given to it
may and will be used as a dangerous engine of oppression, but I could not
succeed. An honorable member from South Carolina most anxiously sought to
have a clause inserted securing the liberty of the Press, and repeatedly
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account