A Collection of Essays and Fugitiv Writings. Noah Webster
In the decline of life, when a few revolving suns at most will bring me to the bar of impartial justice, I am unwilling to adopt a different, and less honest mode of acting. It is true, my sentiments at present are not in favor of the Constitution; open however to conviction, they may be very different, when the subject is fairly discussed by able and upright men. To place myself in a situation, where conviction could be followed only by a bigotted persistence in error, would be extremely disagreeable to me. Under the restrictions with which your Delegates are fettered, the greatest ideot may answer your purpose as well as the greatest man. The suffrages of our fellow men, when they neither repose confidence in our integrity, nor pay a tribute of respect to our abilities, can never be agreeable. I am therefore induced positivly to decline accepting a seat in Convention, whilst I sincerely wish you, gentlemen, and my countrymen, every blessing which a wise and virtuous administration of a free government can secure."
Such a bold and honest independence of mind are the marks of a good Legislator. With such men as Mr. Bourn, in the legislativ department, our lives, liberties and properties are safe. Such a genius, rising amidst the obscurity of errors and false maxims, like a star emerging from chaos, spreads the rays of truth and illuminates the surrounding hemisphere. Considering the circumstances in which this gentleman was then placed, I had rather be the author of that short address, than of all the labored dissertations which have been written upon the proposed constitution.
Another error, which is connected with the practice of instructing Representativs, and may perhaps be one cause of it, is the opinion that a Deputy chosen by a certain number of freemen, is their Representativ only or particularly: It seems to be believed that a Representativ is bound to attend to the particular interest of the men who elect him, rather than to the general interest. If this were true, it would obviate, in some measure, the objections against instructions. But with respect to every general act, the opinion is clearly false. The reason why men are chosen by small societies of freemen, and not by the whole body, is, that the whole body cannot be well acquainted with the most able men in the different parts of the State. It is the best expedient to correct the defects of government, or rather, it is the best practicable mode of election. To render the mode perfect, the whole body of freemen should be at liberty to choose their Delegates from the whole body. This would destroy, in a great measure, the local views and attachments which now embarrass government; every Representativ would be chosen by the whole body; and the interest of the whole number of constituents would be his object.
This mode is either impracticable or hazardous; notwithstanding this, when a Delegate is elected by a part of the State, he is really the Representativ of the whole, as much as if he were elected by the whole. The constituents of every Representativ are not solely those who voted for him, but the whole State, and the man that acts from a local interest, and attends merely to the wishes of those men who elected him, violates his oath, and abuses his trust. Hence the absurdity of instructions, which are generally dictated by a partial interest, and can perhaps in no case be the sole rule of a Legislator's conduct. When therefore a Representativ says, such is the wish of my constituents; such are their directions; his declaration is but partially true; for his instructions are the wishes of a part only of his constituents. His constituents, whom he actually represents, and whose greatest interest is the sole rule of his conduct, are the whole body of freemen. This is an important truth, and I must repeat it; the man who is deputed to make laws for a State, and suffers a local interest to influence his conduct, abuses a sacred trust; and the Representativ who obeys his instructions, in opposition to the conviction of his own mind, arising from a general view of public good, is guilty of a species of perjury.
Such are the opinions, which after long deliberation, I have formed respecting the principles of a republican government. I feel a diffidence in publishing sentiments so repugnant to the principles received by my countrymen and recognized by some of the State Constitutions. But a strong persuasion of the truth of these opinions, acquired by reasoning, and confirmed by several years observations, forbids me to suppress them.
A summary of the truths, deduced from the foregoing reasoning, is this: That the power of a State is at all times equal; that neither the people themselves, nor a Convention of their Delegates, have either the power or the right to make an unalterable Constitution; that the power of creating a legislativ body, or the sovereign right of election, is solely in the people; but the sovereign power of making laws is solely in an Assembly of their Representativs; that the people have no right to give binding instructions to their Representativs; consequently a distinction between a Convention and a Legislature, can be merely a difference of forms; that Representativs have no right to prolong the period of their delegation; that being taken from the mass of the people, and having a common interest with them, they will be influenced, even by private interest, to promote the public good; and that such a government, which is a novelty on earth, is perhaps the best that can be framed, and the only form which will always have for its object, the general good.
PHILADELPHIA, 1787.
Since the declaration and establishment of a general peace, and since this country has had an opportunity to experience the effects of her independence, events have taken place, which were little expected by the friends of the revolution. It was expected, that on the ratification of peace, by the belligerent powers, America would enjoy perfect political tranquillity. The statesman in his closet, and the divine in his addresses to heaven, predicted and anticipated the happy period, when every man would rest, unmolested, under his own vine and his own fig tree. The merchant foresaw, in vision, the ports of all nations open to his ships, and the returns of a favorable commerce pouring wealth into his coffers. The honest laborer, in the shop and the field, was told that independence and peace would forever remove the fears of oppression, would lighten his burthen, and give him legal security for the uninterrupted possession of his rights. This flattering prospect inspired an irresistible enthusiasm in war. The contention for freedom was long and arduous; the prize was obtained; the delusion vanished, and America is surprized at the disappointment.
Instead of general tranquillity, one State has been involved in a civil war, and most of them are torn with factions, which weaken or destroy the energy of government. Instead of a free commerce with all the world, our trade is every where fettered with restraints and impositions, dictated by foreign interest; and instead of pouring wealth into our country, its present tendency is, to impoverish both the merchant and the public. Instead of legal security of rights under governments of our own choice, and under our own control, we find property at least unsafe, even in our best toned government. Our charters may be wrested from us without a fault, our contracts may be changed or set aside without our consent, by the breath of a popular Legislature. Instead of a dimunition of taxes, our public charges are multiplied; and to the weight of accumulating debts, we are perpetually making accessions by expensiv follies. Instead of a union of States and measures, essential to the welfare of a great nation, each State is jealous of its neighbor, and struggling for the superiority in wealth and importance, at the hazard even of our federal existence.
This is the dark side of our public affairs; but such are the facts. The public and private embarrassments, which are both seen and felt, are the topics of incessant declamation. The rhapsodies of orators, and the publications in gazettes, from the northern to the southern extremity of the United States, concur in deprecating the present state of this country, and communicate the intelligence of our distresses to the whole civilized world. Nor are newspapers the only heralds of our calamities. The contempt of government among one class of men, the silent murmurs of poverty in the peaceful cottage, and numerous bankrupts in every quarter, are irresistible evidence to a thinking mind, that something is wrong.
But declamation is idle, and murmurs fruitless. Time has been when the minds of people were alarmed at the approaches of despotism: Then harangues roused attention; then mobs raised the temple of freedom, and declared themselves ready to be sacrificed upon her altar. But violent passions in the public as well as in the human body, are always transitory. That enthusiasm which was called public spirit, heroic virtue, and love of country, has long ago