Chapter 27

There is, my fellow citizens, scarcely an individual of common understanding, I believe, in this state, who is any ways acquainted with the proposed Constitution, who doth not allow it to be, in many instances, extremely censurable, and that a variety of alterations and amendments are essentially requisite, to render it consistent with a reasonable security for the liberty of the respective states, and their citizens. Aristides,(61) it is true, is an exception from this observation; he declares, that “if the whole matter was left to his discretion, he would not change any part of the proposed Constitution,” whether he meant this declaration as a proof of his discretion, I will not say; it will however, readily be admitted, by most, as a proof of his enthusiastic zeal in favour of the system. But it would be injustice to that writer not to observe, that if he is as much mistaken in the other parts of the Constitution, as in that which relates to the judicial department, the Constitution which he is so earnestly recommending to his countrymen, and on which he is lavishing so liberally his commendations, is a thing of his own creation and totally different from that which is offered for your acceptance.—He has given us an explanation of the original and appellate jurisdiction of the judiciary of the general government, and of the manner in which he supposes it is to operate—an explanation so inconsistent with the intention of its framers, and so different from its true construction and from the effect which it will have, should the system be adopted, that I could scarce restrain my astonishment at the error, although I was in some measure prepared for it, by his previous acknowledgment that he did not very well understand that part of the system; a circumstance I apprehended he did not recollect at the time when he was bestowing upon it his dying benediction. And if one of our judges, possessed of no common share of understanding, and of extensive acquired knowledge, who, as he informs us, has long made the science of government his peculiar study, so little understands the true import and construction of this Constitution, and that too in a part more particularly within his own province, can it be wondered at that the people in general, whose knowledge in subjects of this nature is much more limited and circumscribed, should but imperfectly comprehend the extent, operation and consequences of so complex and intricate a system; and is not this of itself a strong proof of the necessity that it should be corrected and amended, at least so as to render it more clear and comprehensible to those who are to decide upon it, or to be affected by it. But although almost every one agrees the Constitution, as it is, to be both defective and dangerous, we are not wanting in characters who earnestly advise us to adopt it, in its present form, with all its faults, and assure us we may safely rely on obtaining hereafter the amendments that are necessary. But why, I pray you, my fellow citizens, should we not insist upon the necessary amendments being made now, while we have the liberty of acting for ourselves, before the Constitution becomes binding upon us by our assent, as every principle of reason, common sense and safety would dictate? Because, say they, the sentiments of men are so different, and the interests of the different states are so jarring and dissonant, that there is no probability they would agree if alterations and amendments were attempted. Thus with one breath they tell us that the obstacles to any alterations and amendments being agreed to by the states are so insuperable, that it is vain to make the experiment, while in the next they would persuade us it is so certain the states will accede to those which shall be necessary, and that they may be procured even after the system shall be ratified, that we need not hesitate swallowing the poison, from the ease and security of instantly obtaining the antidote—and they seem to think it astonishing that any person should find a difficulty in reconciling the absurdity and contradiction. If it is easy to obtain proper amendments, do not let us sacrifice everything that ought to be dear to freemen, for want of insisting upon its being done, while we have the power. If the obtaining them will be difficult and improbable, for God’s sake do not accept of such a form of government as without amendments cannot fail of rendering you mere beasts of burthen, and reducing you to a level with your own slaves, with this aggravating distinction, that you once tasted the blessings of freedom. Those who would wish you to believe that the faults in the system proposed are wholly or principally owing to the difference of state interests, and proceed from that cause, are either imposed upon themselves, or mean to impose upon you. The principal questions, in which the state interests had any material effect, were those which related to representation, and the number in each branch of the legislature, whose concurrence should be necessary for passing navigation acts, or making commercial regulations. But what state is there in the union whose interest would prompt it to give the general government the extensive and unlimited powers it possesses in the executive, legislative and judicial departments, together with the powers over the militia, and the liberty of establishing a standing army without any restriction? What state in the union considers it advantageous to its interest that the President should be re-eligible—the members of both houses appointable to offices—the judges capable of holding other offices at the will and pleasure of the government, and that there should be no real responsibility either in the President or in the members of either branch of the Legislature? Or what state is there that would have been averse to a bill of rights, or that would have wished for the destruction of jury trial in a great variety of cases, and in a particular manner in every case without exception where the government itself is interested? These parts of the system, so far from promoting the interest of any state, or states, have an immediate tendency to annihilate all the state governments indiscriminately, and to subvert their rights and the rights of their citizens. To oppose these, and to procure their alteration, is equally the interest of every state in the union. The introduction of these parts of the system must not be attributed to the jarring interests of states, but to a very different source, the pride, the ambition and the interest of individuals. This being the case, we may be enabled to form some judgment of the probability of obtaining a safe and proper system, should we have firmness and wisdom to reject that which is now offered; and also of the great improbability of procuring any amendments to the present system, if we should weakly and inconsiderately adopt it. The bold and daring attempt that has been made to use, for the total annihilation of the states, that power that was delegated for their preservation, will put the different states on their guard. The votaries of ambition and interest being totally defeated in their attempt to establish themselves on the ruins of the States, which they will be if this Constitution is rejected, an attempt in which they had more probability of success from the total want of suspicion in their countrymen than they can have hereafter, they will not hazard a second attempt of the same nature, in which they will have much less chance of success; besides, being once discovered they will not be confided in. The true interest and happiness of the states and their citizens will, therefore, most probably be the object which will be principally sought for by a second Convention, should a second be appointed, which if really aimed at, I cannot think very difficult to accomplish, by giving to the federal government sufficient power for every salutary purpose, while the rights of the states and their citizens should be secure from any imminent danger. But if the arts and influence of ambitious and interested men, even in their present situation, while more on a level with yourselves, and unarmed with any extraordinary powers, should procure you to adopt this system, dangerous as it is admitted to be to your rights, I will appeal to the understanding of every one of you, who will on this occasion give his reason fair play, whether there is not every cause to believe they will, should this government be adopted, with that additional power, consequence and influence it will give them, most easily prevent the necessary alterations which might be wished for, the purpose of which would be directly opposite to their views, and defeat every attempt to procure them. Be assured, whatever obstacles or difficulties may be at this time in the way of obtaining a proper system of government, they will be increased an hundred fold after this system is adopted. Reflect also, I entreat you, my fellow citizens, that the alterations and amendments which are wanted in the present system are of such a nature as to diminish and lessen, to check and restrain the powers of the general government, not to increase and enlarge those powers. If they were of the last kind, we might safely adopt it, and trust to giving greater powers hereafter, like a physician who administers an emetic ex re nata, giving a moderate dose at first, and increasing it afterwards as the constitution of the patient may require. But I appeal to the history of mankind for this truth, that when once power and authority are delegated to a government, it knows how to keep it, and is sufficiently and successfully fertile in expedients for that purpose. Nay more, the whole history of mankind proves that so far from parting with the powers actually delegated to it, government is constantly encroaching on the small pittance of rights reserved by the people to themselves, and gradually wresting them out of their hands until it either terminates in their slavery or forces them to arms, and brings about a revolution. From these observations it appears to me, my fellow citizens, that nothing can be more weak and absurd than to accept of a system that is admitted to stand in need of immediate amendments to render your rights secure—for remember, if you fail in obtaining them, you cannot free yourselves from the yoke you will have placed on your necks, and servitude must, therefore, be your portion. Let me ask you my fellow citizens what you would think of a physician who, because you were slightly indisposed, should bring you a dose which properly corrected with other ingredients might be a salutary remedy, but of itself was a deadly poison, and with great appearance of friendship and zeal, should advise you to swallow it immediately, and trust to accident for those requisites necessary to qualify its malignity, and prevent its destructive effects? Would not you reject the advice, in however friendly a manner it might appear to be given, with indignation, and insist that he should first procure, and properly attempt, the necessary ingredients, since after the fatal draught was once received into your bowels, it would be too late should the antidote prove unattainable, and death must ensue. With the same indignation ought you, my fellow citizens, to reject the advice of those political quacks, who under pretence of healing the disorders of our present government, would urge you rashly to gulp down a constitution, which in its present form, unaltered and unamended, would be as certain death to your liberty, as arsenic could be to your bodies.

LUTHER MARTIN.

_Baltimore, March 25, 1788._

Luther Martin, VI.

The Maryland Journal, (Number 1026)

FRIDAY, APRIL 4, 1788.

Number IV.

TO THE CITIZENS OF MARYLAND.

If those, my fellow citizens, to whom the administration of our government was about to be committed, had sufficient wisdom never to err, and sufficient goodness always to consult the true interest of the governed, and if we could have a proper security that their successors should to the end of time be possessed of the same qualifications, it would be impossible that power could be lavished upon them with too liberal a hand. Power absolute and unlimited, united with unerring wisdom and unbounded goodness, is the government of the Deity of the universe. But remember, my fellow citizens, that the persons to whom you are about to delegate authority are and will be weak, erring mortals, subject to the same passions, prejudices and infirmities with yourselves; and let it be deeply engraven on your hearts, that from the first history of government to the present time, if we begin with Nimrod and trace down the rulers of nations to those who are now invested with supreme power, we shall find few, very few, who have made the beneficent Governor of the universe the model of their conduct, while many are they who, on the contrary, have imitated the demons of the darkness. We have no right to expect that our rulers will be more wise, more virtuous, or more perfect than those of other nations have been, or that they will not be equally under the influence of ambition, avarice and all that train of baleful passions, which have so generally proved the curse of our unhappy race. We must consider mankind such as they really are,—such as experience has shown them to be heretofore, and bids us expect to find them hereafter,—and not suffer ourselves to be misled by interested deceivers or enthusiastick visionaries; and therefore in forming a system of government, to delegate no greater power than is clearly and certainly necessary, ought to be the first principle with every people who are influenced by reason and a regard for their safety, and in doing this, they ought most solicitously to endeavour so to qualify even that power, by such checks and restraints, as to produce a perfect responsibility in those who are to exercise it, and prevent them from its abuse with a chance of impunity;—since such is the nature of man, that he has a propensity to abuse authority and to tyrannize over the rights of his fellowmen;—and to whomsoever power is given, not content with the actual deposit, they will ever strive to obtain an increase. Those who would wish to excite and keep awake your jealousy and distrust are your truest friends; while they who speak peace to you when there is no peace—who would lull you into security, and wish you to repose blind confidence in your future governors—are your most dangerous enemies; jealousy and distrust are the guardian angels who watch over liberty—security and confidence are the forerunners of slavery. But the advocates of the system tell you that we who oppose it, endeavour to terrify you with mere possibilities which may never be realized, that all our objections consist in saying government may do this, and government may do that—I will for argument sake admit the justice of this remark, and yet maintain that the objections are insurmountable. I consider it an incontrovertible truth, that whatever by the constitution government even may do, if it relates to the abuse of power by acts tyrannical and oppressive, it some time or other will do. Such is the ambition of man, and his lust for domination, that no power less than that which fixed its bounds to the ocean can say to them, “Thus far shall ye go and no farther.” Ascertain the limits of the may with ever so much precision, and let them be as extensive as you please, government will speedily reach their utmost verge; nor will it stop there, but soon will overleap those boundaries, and roam at large into the regions of the may not. Those who tell you the government by this constitution may keep up a standing army, abolish the trial by jury, oppress the citizens of the states by its powers over the militia, destroy the freedom of the press, infringe the liberty of conscience, and do a number of other acts injurious and destructive of your rights, yet that it never will do so; and that you safely may accept such a constitution and be perfectly at ease and secure that your rulers will always be so good, so wise, and so virtuous—such emanations of the Deity—that they will never use their power but for your interest and your happiness, contradict the uniform experience of ages, and betray a total ignorance of human nature, or a total want of ingenuity. Look back, my fellow citizens, to your conduct but a few years past, and let that instruct you what ought to be your conduct at this time. Great Britain then claimed the right to pass laws to bind you in all cases whatever. You were then told in all the soft insinuating language of the present day, and with all the appearance of disinterested friendship now used, that those who insisted this claim of power might be abused, only wandered in the regions of fancy—that you need not be uneasy, but might safely acquiesce in the claim—that you might have the utmost possible confidence in your rulers, that they never would use that power to your injury; but distrustful of government, and jealous of your liberty, you rejected such counsel with disdain; the bare possibility that Britain might abuse it, if once conceded, kindled a flame from one end of this continent to the other, and roused you to arms. Weak and defenseless as you were, unused to military exertions, and unsupplied with warlike stores, you braved the strength of a nation the most powerful and best provided—you chose to risk your lives and property rather than to risque the possibility that the power claimed by the British government should be exercised to your injury—a possibility which the minions of power at that time, with as much confidence as those of the present day, declared to be absolutely visionary. Heaven wrought a miracle in your favour, and your efforts were crowned with success. You are not now called upon to make an equal sacrifice, you are not now requested to beat your ploughshares into swords, or your pruning hooks into spears, to leave your peaceful habitations, and exchange domestic tranquillity for the horrors of war; peaceably, quietly and orderly to give this system of slavery your negative, is all that is asked by the advocates of freedom—to pronounce the single monosyllable no, is all they entreat. Shall they entreat you in vain? When by this it is to be determined, whether our independence, for obtaining which we have been accustomed to bow the knee with reverential gratitude to Heaven, shall be our greatest curse; and when on this it depends whether we shall be subject to a government, of which the little finger will be thicker than the loins of that of Great Britain. But there are also persons who pretend that your situation is at present so bad that it cannot be worse, and urge that as an argument why we should embrace any remedy proposed, however desperate it may appear. Thus do the poor erring children of mortality, suffering under the presence of real or imaginary evils, have recourse to a pistol or halter for relief, and rashly launch into the untried regions of eternity—nor wake from this delusion, until they wake in endless woe. Should the citizens of America, in a fit desperation, be induced to commit this fatal act of political suicide, to which by such arguments they are stimulated, the day will come when laboring under more than Egyptian bondage; compelled to finish their quota of brick, though destitute of straw and of mortar; galled with your chains, and worn down by oppression, you will, by sad experience, be convinced (when that conviction shall be too late), that there is a difference in evils, and that the buzzing of gnats is more supportable than the sting of a serpent. From the wisdom of antiquity we might obtain excellent instruction, if we were not too proud to profit by it. Æsop has furnished us with a history of a nation of frogs, between which and our own there is a striking resemblance—whether the catastrophe be the same, rests with ourselves. Jupiter out of pure good nature, wishing to do them as little injury as possible, on being asked for a king, had thrown down into their pond a log to rule over them;—under whose government, had they been wise enough to know their own interest and to pursue it, they might to this day, have remained happy and prosperous. Terrified with the noise, and affrighted by the violent undulations of the water, they for some time kept an awful distance, and regarded their monarch with reverence; but the first impression being in some measure worn off, and perceiving him to be of a tame and peaceable disposition, they approached him with familiarity, and soon entertained for him the utmost contempt. In a little time were seen the leaders of the frogs croaking to their respective circles on the weakness and feebleness of the government at home, and of its want of dignity and respect abroad, till the sentiment being caught by their auditors, the whole pond resounded with “Oh Jupiter, good Jupiter, hear our prayers! Take away from us this vile log, and give us a ruler who shall know how to support the dignity and splendor of government! Give us any government you please, only let it be energetic and efficient.” The Thunderer, in his wrath, sent them a crane. With what delight did they gaze on their monarch, as he came majestically floating on the wings of the wind. They admired his uncommon shape—it was such as they had never before seen—his deformities were, in their eyes, the greatest of beauties, and they were heard like Aristides to declare that, were they on the verge of eternity, they would not wish a single alteration in his form. His monstrous beak, his long neck, and his enormous poke, even these, the future means of their destruction, were subjects of their warm approbation. He took possession of his new dominions, and instantly began to swallow down his subjects, and it is said that those who had been the warmest zealots for crane administration, fared no better than the rest. The poor wretches were now much more dissatisfied than before, and with all possible humility applied to Jupiter again for his aid, but in vain—he dismissed them with this reproof, “that the evil of which they complained they had foolishly brought upon themselves, and that they had no other remedy now, but to submit with patience.” Thus forsaken by the god, and left to the mercy of the crane, they sought to escape his cruelty by flight; but pursuing them to every place of retreat, and thrusting his long neck through the water to the bottom, he drew them out with his beak from their most secret hiding-places, and served them up as a regale for his ravenous appetite. The present federal government is, my fellow citizens, the log of the fable—the crane is the system now offered to your acceptance—I wish you not to remain under the government of the one, nor to become subjected to the tyranny of the other. If either of these events take place, it must arise from your being greatly deficient to yourselves—from your being, like the nation of Frogs, “a discontented, variable race, weary of liberty and fond of change.” At the same time I have no hesitation in declaring, that if the one or the other must be our fate, I think the harmless, inoffensive, though contemptible Log, infinitely to be preferred to the powerful, the efficient, but all-devouring Crane.

LUTHER MARTIN.

_Baltimore, March 29, 1788._

LETTER OF A PLAIN DEALER, ACCREDITED TO SPENCER ROANE.

Printed In The Virginia Independent Chronicle, February, 1788.

Note.