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
To promote the happiness of
the people it is necessary that there should be local laws; and it is
necessary that those laws should be made by the representatives of those
who are immediately subject to the want of them. By endeavouring to suit
both extremes, both are injured.
It is impossible for one code of laws to suit Georgia and Massachusetts.
They must, therefore, legislate for themselves. Yet there is, I believe,
not one point of legislation that is not surrendered in the proposed plan.
Questions of every kind respecting property are determinable in a
continental court, and so are all kinds of criminal causes. The
continental legislature has, therefore, a right to make rules in all cases
by which their judicial courts shall proceed and decide causes. No rights
are reserved to the citizens. The laws of Congress are in all cases to be
the supreme law of the land, and paramount to the constitutions of the
individual states. The Congress may institute what modes of trial they
please, and no plea drawn from the constitution of any state can avail.
This new system is, therefore, a consolidation of all the states into one
large mass, however diverse the parts may be of which it is to be
composed. The idea of an uncompounded republick, on an average one
thousand miles in length, and eight hundred in breadth, and containing six
millions of white inhabitants all reduced to the same standard of morals,
of habits, and of laws, is in itself an absurdity, and contrary to the
whole experience of mankind. The attempt made by Great Britain to
introduce such a system, struck us with horrour, and when it was proposed
by some theorist that we should be represented in parliament, we uniformly
declared that one legislature could not represent so many different
interests for the purposes of legislation and taxation. This was the
leading principle of the revolution, and makes an essential article in our
creed. All that part, therefore, of the new system, which relates to the
internal government of the states, ought at once to be rejected.
AGRIPPA.
Agrippa, V.
The Massachusetts Gazette, (Number 390)
TUESDAY, DECEMBER 11, 1787.
For the Massachusetts Gazette.
TO THE PEOPLE.
In the course of inquiry it has appeared, that for the purposes of
internal regulation and domestick tranquillity, our small and separate
governments are not only admirably suited in theory, but have been
remarkably successful in practice. It is also found, that the direct
tendency of the proposed system, is to consolidate the whole empire into
one mass, and, like the tyrant’s bed, to reduce all to one standard.
Though this idea has been started in different parts of the continent, and
is the most important trait of this draft, the reasoning ought to be
extensively understood. I therefore hope to be indulged in a particular
statement of it.
Public-domain text, read in full here on John Shaqi.
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