"A general positive provision should be inserted in the new
system, securing to the States and the people every right
which was not conceded to the general government." "I trust
that gentlemen, on this occasion, will see the great objects
of religion, liberty of the press, trial by jury,
interdiction of cruel punishments, and every other sacred
right, secured, before they agree to that paper." "Mr.
Chairman, the necessity of a bill of rights appears to me to
be greater in this government than ever it was in any
government before. I have observed already that the sense of
European nations, and particularly Great Britain, is against
the construction of rights being retained which are not
expressly relinquished. I repeat, that all nations have
adopted the construction, that all rights not expressly and
unequivocally reserved to the people are impliedly and
incidentally relinquished to rulers, as necessarily
inseparable from delegated powers.... Let us consider the
sentiments which have been entertained by the people of
America on this subject. At the Revolution, it must be
admitted that it was their sense to set down those great
rights which ought, in all countries, to be held inviolable
and sacred. Virginia did so, we all remember. She made a
compact to reserve, expressly, certain rights.... She most
cautiously and guardedly reserved and secured those
invaluable, inestimable rights and privileges which no
people, inspired with the least glow of patriotic liberty,
ever did, or ever can, abandon. She is called upon now to
abandon them, and dissolve that compact which secured them
to her.... Will she do it? This is the question. If you
intend to reserve your unalienable rights, you must have the
most express stipulation; for, if implication be allowed,
you are ousted of those rights. If the people do not think
it necessary to reserve them, they will be supposed to be
given up.... If you give up these powers, without a bill of
rights, you will exhibit the most absurd thing to mankind
that ever the world saw,--a government that has abandoned
all its powers,--the powers of direct taxation, the sword,
and the purse. You have disposed of them to Congress,
without a bill of rights, without check, limitation, or
control. And still you have checks and guards; still you
keep barriers--pointed where? Pointed against your weakened,
prostrated, enervated, state government! You have a bill of
rights to defend you against the state government--which is
bereaved of all power, and yet you have none against
Congress--though in full and exclusive possession of all
power. You arm yourselves against the weak and defenceless,
and expose yourselves naked to the armed and powerful. Is
not this a conduct of unexampled absurdity?"[381]
Public-domain text, read in full here on John Shaqi.
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