Constitutional history -- United States -- Sources; Constitutional law -- United States
It is a misfortune, inseparable from human affairs, that public
measures are rarely investigated with that spirit of moderation which
is essential to a just estimate of their real tendency to advance or
obstruct the public good; and that this spirit is more apt to be
diminished than promoted, by those occasions which require an unusual
exercise of it. To those who have been led by experience to attend to
this consideration, it could not appear surprising, that the act of the
convention, which recommends so many important changes and innovations,
which may be viewed in so many lights and relations, and which touches
the springs of so many passions and interests, should find or excite
dispositions unfriendly, both on one side and on the other, to a fair
discussion and accurate judgment of its merits. In some, it has been
too evident from their own publications, that they have scanned the
proposed Constitution, not only with a predisposition to censure, but
with a predetermination to condemn; as the language held by others
betrays an opposite predetermination or bias, which must render their
opinions also of little moment in the question. In placing, however,
these different characters on a level, with respect to the weight of
their opinions, I wish not to insinuate that there may not be a
material difference in the purity of their intentions. It is but just
to remark in favor of the latter description, that as our situation is
universally admitted to be peculiarly critical, and to require
indispensably that something should be done for our relief, the
predetermined patron of what has been actually done may have taken his
bias from the weight of these considerations, as well as from
considerations of a sinister nature. The predetermined adversary, on
the other hand, can have been governed by no venial motive whatever.
The intentions of the first may be upright, as they may on the contrary
be culpable. The views of the last cannot be upright, and must be
culpable. But the truth is, that these papers are not addressed to
persons falling under either of these characters. They solicit the
attention of those only, who add to a sincere zeal for the happiness of
their country, a temper favorable to a just estimate of the means of
promoting it.
Persons of this character will proceed to an examination of the plan
submitted by the convention, not only without a disposition to find or
to magnify faults; but will see the propriety of reflecting, that a
faultless plan was not to be expected. Nor will they barely make
allowances for the errors which may be chargeable on the fallibility to
which the convention, as a body of men, were liable; but will keep in
mind, that they themselves also are but men, and ought not to assume an
infallibility in rejudging the fallible opinions of others.
Public-domain text, read in full here on John Shaqi.
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