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
They are bellowing about, that tyranny will inevitably follow the adoption
of the proposed constitution. It is, however, an old saying, that the
greatest rogue is apt to cry rogue first. This we may rely upon, that if
we follow perfidious counsels, as those are, I dare affirm, of the
anti-federalists, every evil which that sapp brood anticipates, will
befall us. Besides, foreign creditors will not be cheated out of their
property; nor will the creditors of our own country be tame spectators of
the sacrifice of their interest at the shrine of villainy.
Section 9th says, The writ of habeus corpus shall not be suspended, unless
in case of rebellion, or the invasion of the publick safety may require
it. It has been asserted by some, that a person accused of a crime, would
be obliged to ruin himself, in order to prove his innocence; as he would
be obliged to repair to the seat of federal government, in order to have
his cause tried before a federal court, and be liable to pay all expenses
which might be incurred in the undertaking. But the section
beforementioned proves that assertion to be futile and false, as it
expressly provides for securing the right of the subjects, in regard to
his being tried in his own state.
The 9th section further provides, that a regular statement and account of
the receipts and expenditures of all publick monies, shall be published
from time to time. Thus the people will have it in their power to examine
the appropriations made of the revenues and taxes collected by Congress;
and if they are not satisfied in regard to the conduct of their rulers in
this respect, they will be able to effect a change agreeable to their
wishes.
The last section of this article provides, that no state shall enter into
any treaty, alliance, &c., coin money, emit bills of credit, make any
other but gold and silver coin a tender in payment of debts—all laws
respecting imposts, duties, and excises, shall be subject to the revision
and controul of Congress.
The absolute necessity of powers of this nature being vested in a federal
head is indisputable.
For want of such a power, what vile proceedings have of late disgraced
almost every legislative measure of Rhode Island! For want of such a
power, some honest creditors in Massachusetts have been paid in old horses
and enormous rocks, in return for money loaned upon interest. With respect
to the controul of Congress over laws of the afore-mentioned description,
it is highly requisite that it should take place: nor have the people any
thing to fear from such a proceeding; for their controul cannot be
extended farther than the powers granted in the new constitution; the
words of which are, “all powers Herein Granted.” If any act originates
contrary to this, it will be of no effect, and a mere nullity.
Public-domain text, read in full here on John Shaqi.
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