It is [said?] to be a new Event in the Annals of Mankind, for any Considerable, or Respectable Body of People, to meet together in a Time of Peace, and Tranquility, and agree upon an Energetic, and Coercive form of Government, for themselves; and that the most of governments, have heretofore been formed by Tyrants, and Imposed on Mankind by Force.
But notwithstanding, the Deputies of the Several States, have been so remarkably unanimous, in agreeing to this System, many Objections have Since been formed against it;
the first I shall take notice of is with Regard to Elections. Indeed there has been so many Objections to this Section, and so ill founded, that it would be unprofitable to enumerate them all: it is said that Congress may appoint the places of Elections in Philadelphia, or at fort Pitt; it might with Equal Propriety be Said, that our own Assembly might appoint them, in South America, or the West Indies; here I Shall be answered, that the Assembly Cannot appoint them out of their Respective Counties; but why may they not, for there is no Clause, either in our Bill of Rights, or Constitution, that can prevent them; is not this as [2] great an infringement on our County Police, as the Reserve [?] of Congress, is to the Police of the States; but what is the Effect, why the Counties are all Divided into the most Convenient Districts, and every Elector, with Rideing [sic] a few Miles can give his Vote, this could not have been Expected, without the interposition of the Legislature; if the places of Elections had been left to be Determined by each County without Controul, is it not Rational to think that it would have been at no other place than at the County Towns, and will not the same reasoning hold good, with regard to our own Legislature fixing the times and places of Electing Representatives to Congress, to me it appears plain, that if it had been left to them, Philadelphia would have been the Spot, is there not a manifest Contention between the Neighbourhood of Philadelphia, and the Western parts of the State, in Cases of a Similar Nature; are not our Assembly dragged Hundreds of Miles, even to the very end of the State, on account of the great influence of that Corner; and as it is expected that a Seat in Congress, will be a place of Honour and Profit, and as Philadelphia, and the adjacent Counties, are the most Powerful part [3] of the State, it is evident that none of us would be represented, but Such as could take a Journey to the Metropolis; then indeed we should have reason to Complain, and to whom but the Supreme Authority, Should we apply for redress? Congress will not be attached to one County, more than another, they will provide for the Ease, Convenience, and general welfare of the whole Body, the Happiness of the people of York County, or even of Westmoreland, will be as near to them as that of the Citizens of Philadelphia; wherefore if Viewed with a Candid, and unprejudiced Mind, I trust it will appear, that even this reprobated Section, is Essentially Necessary to our own Happiness and Safety.
Some think that the Congress after Serving a Certain limited term of time, ought to be Excluded by a Rotation, but this I Conceive would be an abridgement of the Liberties of the People, and might deprive them at the most Critical Season of the Services of the most important Characters in the Nation and what Danger can there be of their tending to permanency when the People have it in their Power to Discard their unworthy Members every Second Year; and there will certainly be [4] Known, for they are bound to keep a Journal of their proceedings and to Publish the Same from time to time, with the names of the Persons voteing [sic] for, and against any measures that may be taken in the House; and I would Query of the Gentlemen Present whether they are any better Satisfyed with the Assembly of this State, Since the Rotation Law, than they were before it.[1]
It would be unnecessary to take much notice of the Clamours that have raised, from the want of a Bill of Rights, as they have been reasoned out of Credit in every State in [“of” lined out and “in” inserted] the Union, the People will be the Sovereign’s of their Rulers, and hold all their Rights in their own hands, To own that the Hold them at the Mercy of their Servants, would be beneath the Dignity of freemen, Bills of Rights, are Instruments unpractised, but by the British Nation, and Some of the Governments Decended from her, even of these States, there are but five that have Bills of Rights; and those they only Retain from the habits they acquired under the Monarchical Government of Great Britain; I have heard it remarked, that the Priviledges of the People, as well as the Powers of the Rulers, ought to be Enumerated as a Double Barrier against the [5] Encroachments of Power; but this argument in the Conclusion will operate against itself; for the very Idea of being so Secure would naturally relax the Vigilence of the People from watching, and thus a Common, tho’ Vulgar Observation would be Verify’d, that between two Stools the backside goes to the ground: I need not have dwelt so long on this Subject, as it is given up by all men of Learning to be unnecessary, the Question now only being whither [sic] or no it would be Dangerous.
Some think that the People are giving to[o] much of the Power out of their own hands, but I believe there is no Such Sacrifice Required of them, there is no Specie’s [sic] of Power to be given to Congress, but what is already vested in the Several State Legislatures, the Question is only whither [sic] we Shall take Such Powers out of each of the State Governments, as particularly Concern the welfare, or Disturbance of all the States, and place them in one National Assembly? Or whither [sic] we shall remain in a State of Disunion? it is also Said that the President will have too great a Share in the Government, and that he will have more Power than the King of Great Britain, as to the last as[s]ertion, I believe they are [6] Mistaken, but if they were not, it would be no proof of the former; the Throne of Great Britain may often be filled with a Child, or a fool; but our President can not be a Child, and I trust he will not be a fool, unless the people of the United States are all fools Together; and if we Examine a little into those Mighty Powers, with which he is Presumed to be Vested, we shall find, that the United States in Congress Assembled, has Power to make all Laws, or Regulations, which may be Necessary for the internal Police, or welfare of the States, without his Consent, he is but an agent in matters of Foreign Negociations, and in the appointment of State Officers, which Cannot be done without the advice, as well as the Consent of the Senate; besides the Congress are sure of meeting, when ever the Publick good Requires it, as they are not so much as to ask his advice, on a Question of adjournment; the truth is he has no Power as an Individual to do any thing, Except in the Cause of Humanity; he may Grant Reprieves, and Pardons. It is Objected, that we have not so good a Security, against the abuse of Power under the New Constitution, as the Confederation gives, [7] but let us Remember, that if there Should be an Usurpation, it will not be only upon the Farmers, and Mechanics, attentively Employed in their Several Occupations, it will be upon Thirteen Legislatures Compleatly Organized, Possessed of the Confidence of the People, and who will have the Means, as well as Inclination Successfully to Oppose it, this is a better Security than any form of Words which Could be put upon Parchment; Under the Confederation each State was bound by the most Solemn Obligations, to pay its Proportion of the National Expence; if any State did not perform what it had Solemnly Promised, it became a Transgressor, it did an injury to the other States, to which it had Plighted its faith, for the performance of what it had Stipulated in the Articles of Confederation; the other States had a Right to redress, they had a right by the Law of Nature and Nations to insist upon and Compel a Performance; but how Could this be done? No other way than by the force of Arms; this is that Ultima Ratio, which it has not been thought proper to apply, as it Naturally leads to Civil War, and National Ruin; The Convention Saw this Imperfection in attempting to Legislate for States, in their Political Capacity, that the Coercion [8] of Law can be Exercised by nothing but a Military force, they have therefore formed a New Nation out of the Several States, and it is the Peculiar Glory of our New Constitution, that it Depends on the Mild and Equal energy of the Magistracy for the Execution of the Laws.
I Confess that I am an admirer of the New plan, & Reading the Centinel, Old Whig, Philadelphiansis [sic], and Such like writers, have only tended to Strengthen my Idea’s of its Excellence; and to you Gentlemen I appeal, if it ought not to raise a Just Indignation in every Honest Breast, to hear all your Chosen Characters from New Hampshire, to Georgia, with the Illustrious Washington at their head, treated as a parcel of fools, Traitors, and Despots, who had Designedly, and Basely, of Malice aforethought, Premeditated, and planned, the Ruin of America; Men of Narrow and illiberal Minds, Constituting their own littleness of Soul, a Standard to Measure others by, Naturally asign [sic] unworthy Motives, to the most well Intended Actions, Motives which were never tho’t of, and which Could Never Operate, in Breasts less abject, and Groveling than their own; these People, and many who Join with them appear to be actuated by the Same [9] Spirit, of the Athenians, who Condemned Miltidates to End his life in a Common Jail, not for any mischief he had done, for he had been an Excellent Commander, and a Worthy Citizen, but purely because the good People Surmised, that such a Man as him had it in his Power to do Mischief if he Should take it into his head, Themiscocles [sic] who Saved not only Athens, but all the States of Greece, by Defeating the Memorable Expedition of Xerxes, met with a like Reward, they Banished him for Ten Years because they had So many proofs of his great abilities to Serve them; / it is worth remarking, that in many of those Dissentions, which rend a State with the greatest Violence, the Prime Movers are Very few; Though the People bear a Large Share, in what Mischief is done, Yet they are little more than the instruments in the hands of a few Principal Engineers, and it is a great Misfortune to the Leaders of a Party; that the Zeal of the Populace, is not more Impetuous, than it is Capricious, and unsteady; it may put one in mind of the Elephants, which King Pyrrhus Brought into the field against the Romans; they were Warriors of Enormous Strength, Yet being Still no more than Beasts, were unmanageable; if they happened [10] to take the Right Course against the Enemy, they bore down whole Legions before them and Covered the plain far and wide with the Trampled Dead; but then there were a Thousand accidents, Some of them Trifling, which their Directors could neither foresee, nor Prevent, any of which might turn these terrific Monsters back on there [sic] own Army.
Outway [Thomas Otway] in his History and fall of Caius Marius, gives us a Just Picture of the Senseless Bustle of the Populace, and their Veering Temper, in the Struggles of Faction; the Scene is, the Forum. time, the morning of that Day famous in the Annals of discord, when Marius, and Sylla Stood Candidates for Command in the War, with Mithridates King of Pontus;
Enter four Citizens:
1st. Cit. well Neighbours, now we are here, what must we do.
2d. Cit. why you must give your Vote for Caius Marius, & if any body Speaks against you knock him Down.
3d. Cit. The truth on’t is, there is nothing like a Civil Government, where good Subjects may have leave to Knock Brains out, to Maintain Priviledges.
4th. Cit. Look you, but what’s this Sylla? this Sylla, I have heard great talk of him, he’s a Damnable fighting fellow [11] they say, but hang him he’s a Lord.
1st. Cit. ay so he is Neighbours, and I know not why any one Should be a Lord, more than another, what good do they do? nothing but run in our Debt, & lye with our Wives.
2d. Cit. why there is the Grievance now, I have three boys at home, no more mine, than Rome is mine, they are all fair Curl’d hair Cupids, and I am a tawney Kettle face’d fellow, I’ll have no Lords.
3d. Cit. Hark! they are coming, be Sure you Roar out for a Marius, and do as much Mischief as you can.
You would have thought that Marius might have Depended upon these Voters, Yet in a few Hours Sylla had the ad[d]ress, and Influence, to draw them over to his Interest, and the Popular Roar became, no Marius, no Marius, Down with him, Down with him.
But to Return; Some Gentlemen Seem to think that if another Constitution was formed, with Some additions, alterations, or abridgements, which we in our Imperfect Modicum of Reason, Judge to be Necessary, that all our Dissentions would be turned into peace & Happiness, [12] This is an Effect indeed Sincerely to be wished for, by every Lover of his Country, by every Honest Man, but Reason does not always teach us to Expect the warm wishes of the Heart, the Very alterations we desire might be Particularly Disagreeable to the Inhabitants of Cumberland, or even of Marsh Creek, how much more so to the Citizens of New Hampshire, or Georgia; the Wisdom of the States can never be more fully Collected, than it has been; and the Constitution now offered to us, is as we are told by his Excellency the President [of the Convention George Washington, in his letter transmitting the draft Constitution to Congress], the Result of a Spirit of Amity, Mutual Deference, and Concession; which I wish was more Prevalent among us all; it is not Calculated to Suit the Particular Ideas, Habits, Customs, or Interest of one State, or one Individual, more than another; You know Gentlemen, that it is no Democratical Principle, to Contend for a Constitution exactly to Suit our own Private Interest, and Impose it upon our Neighbours, who may have as much good Sense as our Selves; this may account for what is Deemed by Some, an unaccountable manner of Proceeding, for any Person, or State, to Press the adoption of [13] this Government, and at the Same time to acknowledge that they believe it to have faults, his Excellency General Washington, Dr. Franklin, and many other Worthy Members of Convention, have acknowledged that they believed it had faults, but Could not agree what those faults were, Some Commended what others Disapproved, and others – approved what they Condemned, it must therefore follow, that the form in which the greatest number Could Unite was the most perfect form attainable, if another Convention Should be attempted, it is evident from the Present Irritated State of things among us, that the Members of it, would be much more Discordant than the last, but if this Constitution should be adopted, and by Experience found Defective, there is a Constitutional Door Opened for amendments, the Seeds of Reformation are Sown in the Work; Indeed it cannot be Expected to be Perfect, that Glorious Luminary of Inanimate Creation, The Sun, does not arise all at once into Meridian Splendor, it is the Dawning of the Day that Dispels the Darkness, and [14] makes way for the Shining of the more Perfect Day, is this a Reasonable Excuse for any to reject and Despise it benefits, I trust you will Say nay.
Our Poor Country is already Sinking under a weight of Debt, and Discredit, which the Fatality of Some Particular Circumstances, and the Impotency of the Present Confederation, have unhappily Imposed on her, and these pretended Patriots are preparing a Load, which if Poured on her Devoted head, will Effectually Crush her; Since the War Some of the States have done nothing, toward Complying with the Requisitions of Congress, others who did Something at first, finding they were left to bear the whole of the Burden, became Equally Remiss; and this is that boasted Check, which the States have upon Congress; That they can Refuse a Compliance with their Requisitions: it is this Check that has Embarassed [sic] the Union, it is this Check that has Driven Congress, to the Wretched Expedient of Negociating [sic] new Loans in Europe, to pay the Interest of the Foreign Debt, and what is still Worse, they have been Obliged to apply the new [15] Loans, to the Support of their own Civil Government at home, This Check can never be Exercised, but by a Perfidy, and breach of Publick faith; it is this Check I say, that has embarrassed us at home, and made us Contemptable [sic] abroad; Insomuch that the name of an American, which was so respectable a few Years ago, is now become Contemptable [sic] all over the Globe; There is no alternative between the adoption of this Constitution, and Anarchy, we are tottering upon the Very Brink of it at this Moment, We must Submit to this, or have one Imposed on us by Accident, or Usurpation, the Present relaxed State of things among us, are no Common Temptation to Ambition, but what may we not Expect, if the designs of this Constitution are frustrated, A Federal Shays may be more Successful than the Shays of Massachusets [sic]; or a body of Men may arise who may form themselves into an Order [of] Hereditary Nobility and by Surprize or Strategem Prostrate our Liberties at their feet.
Then Gentlemen, we who have Presented to the Authors of this fatal Change, their long wished for Opportunity of Effecting it; will be entitled to their thanks, thanks, which I am Persuaded every Gentleman in this House, would abhor to deserve, and Scorn to receive. [16] Or if we Should be preserved from these Calamities at home, what will become of the foreign Debts? Will our friends on the other Side of the Atlantic forgive us, because we neglect to pay? Will our weakness hinder them from Levying it by Reprizeals, [sic] according to the Law of Nations? Or is it not Probable that they will Canton us out among them as they did the Kingdom of Poland.
It is noted to be the great Secret in Government, to have the Supreme Power well Supported, but not abused: the want of this Power being Sufficiently Supported, is the avenue Through which Tyrany, [sic] and Despotism, has entered, and enslaved so many Nations.
It was for want of this, that the Roman Republick, Tottering under the Repeated Shocks of restless factions, tamely fell at the feet of the most Powerful Competitors for Empire.
In the Spartan Republic, the Ephori, while they Contented themselves with Interposing, where there was any real Occasion for them they were an Excellent Check to restrain Tyrany, [sic] and oppression, till at length by throwing their weight entirely into one Scale, they ruined the Constitution, for under Colour of Promoteing [sic] Liberty, they weakened the Foundations of the State, to Such a degree, that it Sunk into Anarchy, and never more recovered its former Lustre [sic].
[17] There is one objection which as so far Escaped my Notice, which is, That Congress may Sell the Militia. This, as well as the most of those fears, which have given Strength to the Objections against this government has arisen from an Excessive distrust in the Representatives we are to Choose; Surely we ought to put Some Confidence in them to whom we Commit so great a trust.
To be so Jealous as to Excite our watchfulness, against their Abusing their Power, is useful, and Salutary; but to put no Confidence at all in them: to believe that as Soon as we Choose them, we Set them at Variance with our Liberties, and make them Enemies to all our dearest Priviledges; that they will Surely abuse their Power to agrandize [sic] themselves; this is a Jealousy utterly unreasonable and absurd, it is an ungenerous Reflection on them we Choose, and a vile reproach on our own Wisdom.
It is a Principle, which would Set aside all Government Entirely, no man in Common Life, acts upon so absurd a Principle, Yet most of the Objections which have arisen to this Constitution have had no other foundation.
[18] There is as much Danger of the State Legislatures Selling the Militia as of Congress. I shall be answered that the assemblys Cannot Send the Militia out of their Respective States. True they cannot; my Religious Principles forbids me to Say much upon this point, but I Should think this would be a Sufficient Reason for those who held Warlike Measures to be Lawful, to Conclude that Congress ought to have that Power, if they have not, what is to hinder us from being cut off by an Inferior force, as England in former times. The States in the neighbourhood of Ancient Rome, the Chanaanitish [Canaanite] Nations and many others were. The Congress cannot take the Militia out of the States, they can only call them forth to Suppress Insurrections & Repel Invasions.
The Deliverance of these States, from under the Arm of British Tyrany, Some what Resembles the Deliverance of the Children of Israel, out of Egyptian Bondage, but as they did not Immediately Enter into the Promised Land, So neither have we. we have been along [sic] time in the Wilderness, in which many have murmured, when they have looked back at those little Transitory gratifications, which they formerly [19] Enjoyed, but here is a Joshua, here is a Saviour arisen, that if its Dictates are followed, will Lead us to the Promised Land, to the full fruition of that Happiness, and plenty, that Unity, Peace, and Concord, which was Promised to us upon the event of the Late Glorious Revolution. I do believe, that nothing less than the finger of Providence, has Preserved us so long as a Nation; but if we Should Reject, and refuse so great Salvation, when it is Offered, I believe we need not look for his Protection much longer, it is more Probable that we may be given up, to be Buffeted by the European Powers, by our Savage Enemies, or by our Sister States; in fact I believe, that nothing less than Such an Energetic Government as this, will prevent our Degenerating into Savages, and Devouring one another like Beasts of Prey.
These Gentlemen are my Sentiments on this Occasion, I think this is no time to attempt another Constitution, or if we Should obtain another, it is uncertain whither [sic] it would place us in a better Situation, with regard to the Points which are Controverted, with respect to other [20] Particulars, it might place us in a Worse, we Should run the Risque of Suffering great Losses, we have no Certainty of Gaining any thing, in Seeking a Precarious, hasty, and violent Remedy, for what is at most but a Partial Disorder, we are Sure of Exposing the whole Body to Danger.
I cannot Perceive the Necessity of applying Such a remedy, if I did, I would with the greatest pleasure, pass over to the opinion of Some Gentlemen, who differ from me, whose Integrity, and abilities I So much Esteem, that whatever Reasons at any time, Influence me to agree with them, I always receive an additional satisfaction from being on their Side; If I have Erred now, I Shall Comfort myself that it is an Inocent [sic] Error, Should the Measures Pursued by the Several States be Opposite to my Opinion, and Should they Procure a New Constitution, with all the [ ] that be desired, I shall not [several words obscured] their fortunate Courage [rest of line missing] unhurt, through the [rest of line missing] to the wished for Port.
[21] I shall cheerfully Submit to the Censure, of having been too apprehensive of the Danger of Disunion, if any Severer Sentence shall be passed upon my by the Worthy, I Shall be Sorry for it. But this truth I am Convinced of, that it will be much Easier for me, to bear the unmerited Reflections of Mistaken Zeal, than the Just Reproaches of a guilty Mind.To Discharge on the Important Occasion, the Inviolable duty I owe the Society, by obeying the unbiased Dictates of my own Reason, and Conscience, hath been my Sole View. And my only wish now is that the Resolutions of the Several States, whatever they are, may Promote the Happiness of America.
Finis
[transcription by J. Jackson Barlow, 8 January 2025][1] The Pennsylvania Constitution of 1776 provided that no member of the Assembly could serve more than four years in seven.