Constitutional history -- United States -- Sources; Constitutional law -- United States
As it can give no umbrage to the writers against the plan of the
federal Constitution, let us suppose, that as they are the most
zealous, so they are also the most sagacious, of those who think the
late convention were unequal to the task assigned them, and that a
wiser and better plan might and ought to be substituted. Let us further
suppose that their country should concur, both in this favorable
opinion of their merits, and in their unfavorable opinion of the
convention; and should accordingly proceed to form them into a second
convention, with full powers, and for the express purpose of revising
and remoulding the work of the first. Were the experiment to be
seriously made, though it required some effort to view it seriously
even in fiction, I leave it to be decided by the sample of opinions
just exhibited, whether, with all their enmity to their predecessors,
they would, in any one point, depart so widely from their example, as
in the discord and ferment that would mark their own deliberations; and
whether the Constitution, now before the public, would not stand as
fair a chance for immortality, as Lycurgus gave to that of Sparta, by
making its change to depend on his own return from exile and death, if
it were to be immediately adopted, and were to continue in force, not
until a BETTER, but until ANOTHER should be agreed upon by this new
assembly of lawgivers.
It is a matter both of wonder and regret, that those who raise so many
objections against the new Constitution should never call to mind the
defects of that which is to be exchanged for it. It is not necessary
that the former should be perfect; it is sufficient that the latter is
more imperfect. No man would refuse to give brass for silver or gold,
because the latter had some alloy in it. No man would refuse to quit a
shattered and tottering habitation for a firm and commodious building,
because the latter had not a porch to it, or because some of the rooms
might be a little larger or smaller, or the ceilings a little higher or
lower than his fancy would have planned them. But waiving illustrations
of this sort, is it not manifest that most of the capital objections
urged against the new system lie with tenfold weight against the
existing Confederation? Is an indefinite power to raise money dangerous
in the hands of the federal government? The present Congress can make
requisitions to any amount they please, and the States are
constitutionally bound to furnish them; they can emit bills of credit
as long as they will pay for the paper; they can borrow, both abroad
and at home, as long as a shilling will be lent. Is an indefinite power
to raise troops dangerous? The Confederation gives to Congress that
power also; and they have already begun to make use of it. Is it
improper and unsafe to intermix the different powers of government in
the same body of men? Congress, a single body of men, are the sole
depositary of all the federal powers. Is it particularly dangerous to
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