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CHAPTER XXXVIII

Concluding Remarks.

§ 455. We have now reviewed all the provisions of the original Constitution of the United States, and all the Amendments, which have been incorporated into it. And here, the task, originally proposed in these Commentaries, is brought to a close. Many reflections naturally crowd upon the mind at such a moment; many grateful recollections of the past; and many anxious thoughts of the future. The past is secure. It is unalterable. The seal of eternity is upon it. The wisdom, which it has displayed, and the blessings, which it has bestowed, cannot be obscured; neither can they be debased by human folly, or by human infirmity. The future, is that, which may well awaken the most earnest solicitude, both for the virtue and the permanence of our Republic The fate of other republics, their rise, their progress, their decline, and their fall, are written but too legibly on the pages of history, if, indeed, they were not continually before us in the startling fragments of their ruins. Those republics have perished; and have perished by their own hands. Prosperity has enervated them ; corruption has debased them; and a venal populace has consummated their destruction. The people, alternately the prey of military chieftains at home, and of ambitious invaders from abroad, have been some times cheated out of their liberties by servile demagogues, sometimes betrayed into a surrender of them by false patriots; and sometimes they have willingly sold them for a price to the despot, who has bidden highest for his victims. They have disregarded the warning voice of their vest statesmen; and have persecuted and driven from office their truest friends. They have listened to the councils of fawning sycophants, or base calumniators of the wise and the good. They have reverenced power more in its high abuses and summary movements, than in

to our own.

its calm and constitutional energy, when it dispensed bles sings with an unseen, but a liberal hand. They have sur rendered to faction, what belonged to the common interests and common rights of the country. Patronage and party, the triumph of an artful popular leader, and the discontents of a day, have outweighed, in their view, all solid principles and institutions of government. Such are the melancholy lessons of the past history of republics down

$ 456. It is not my design to detain the reader by any elaborate reflections addressed to his judgement, either by way of admonition or of encouragement. But it may not be wholly without use to glance at one or two considerations, upon which our meditations cannot be too frequently indulged.

$ 457. In the first place, it cannot escape our notice, how exceedingly difficult it is to settle the foundations of any government upon principles, which do not admit of some controversy or question. The very elements, out oi which it is to be built, are susceptible of infinite modifications; and theory too often deludes us by the attractive simplicity of its plans, and imagination by the visionary perfection of its speculations. In theory, a government may promise the most perfect harmony of operations in all its various combinations. In practice, the whole machinery may be perpetually retarded, or thrown out of order by accidental mal-adjustments. In theory, a government may seem deficient in unity of design and symmetry of parts; and yet, in practice, it may work with astonishing accuracy and force for the general welfare. Whatever, then, has been found to work well by experience, should rarely be hazarded upon conjectural improvements. Time, and long and steady operation are indispensable to the perfection of all social institutions. To be of any value, these institutions must become cemented with the habits, the feelings, and the pursuits of the people. Every change discomposes for a while the whole arrangements of the system. What is safe, is not always expedient; what is new, is often pregnant with unforeseen evils, or attracts only by imaginary good

$ 458 In the next place, the slighest attention to the history of the National Constitution must satisfy every reflecting inind, how many difficulties attended its formation and adoption, from real or imaginary differences of State interests, sectional feelings, and local institutions. It is an attempt to create a National sovereignty, and yet to preserve the State sovereignties; although it is impos. sible to assign definite boundaries in all cases to the powers of each. The influence of the disturbing causes, which, more than once in the Convention, were on the point of breaking up the Union, have since immeasurably increased in concentration and vigor. The very inequalities of a government, confessedly founded in a compromise, were then felt with a strong sensibility ; and every new source of discontent, whether accidental or permanent, has since added increased activity to the painful sense of these inequalities. The North cannot but perceive, that it has yielded to the South a superiority of Representatives already amounting to twenty-five, beyond its due proportion; and the South imagines, that, with all this preponderance in representation, the other parts of the Union enjoy a more perfect protection of their interests, than its own. The West feels its growing power and weight in the Union ; and the Atlantic States begin to learn, that the sceptre must soon, and perhaps forever, depart from them. If, under these circumstances, the Union should once be broken up, it is impossible, that a new Constitution should ever be formed, embracing the whole Territory. We shall be divided into several nations or confederacies, rivals in power, pursuits, and interests; too proud to brook injury, and too near to make retaliation distant or ineffectual. Our very animosities will, like those of all other kindred nations, become more deadly, because our lineage, our laws, and our language are the same. Let the history of the Grecian and Italian republics warn us of our dangers. The National Constitucion is our last, and our only security. United we stand; d vided we fall.

$ 459. If this work shall but inspire the rising gorus ration with a more ardent love of their country, an w

quenchab e thirst for liberty, and a profound reverence for the Constitution and the Union, then it will have accomplished all, that its author ought to desire. Let the American youth never forget, that they possess a noble inheritance, bought by the toils, and sufferings, and blood of their ancestors ; and capable, if wisely improved, and faithfully guarded, of transmitting to their latest posterity all the substantial blessings of life, the peaceful enjoyment of liberty, of property, of religion, and of independence. The structure has been erected by architects of consummate skill and fidelity ; its foundations are solid ; its com partments are beautiful, as well as useful; its arrangements are full of wisdom and order; and its defences are impregnable from without. It has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour, by the folly, or corruption, or negligence of its only keepers, THE PEOPLE.' Republics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate are rewarded, be cause they flatter the people, in order to betray them

APPENDIX.

DECLARATION OF RIGHTS

OF THE CONTINENTAL CONGRESS, OCTOBER 14, 1774.

WHEREAS, since the close of the last war, the British Parliament, claiming a power of right, to bind the people of America by Statutes in all cases whatsoever, hath in some Acts expressly imposed taxes on them, and in oth ers, under various pretences, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these Colonies, established a Board of Commissioners, with unconstitutional powers, and extended the jurisdiction of Courts of Admiralty, not only for collecting the saic. duties, but for the trial of causes merely arising within the body of a county :

And whereas, in consequence of other Statutes, judges, who before held only estates at will in their offices, have been made dependent on the Crown alone, for their salaries, and standing armies kept in times of peace; and whereas, it has lately been resolved in Parliament, that by force of a Statute, made in the thirty-fifth year of the reign of King Henry the VIII., Colonists may be transported to England, and tried there, upon accusations for treasons and misprisions, or concealments, of treasons committed in the Colonies, and by a late Statute, such trials have been directed in cases therein mentioned :

And whereas, in the last session of Parliament, three Statutes were made ; one entitled, "An Act to discontinue, in such manner, and for such time, as are therein mentioned, the landing and discharging, lading, or shipping of goods, wares, and merchandize, at the town, and within the harbor, of Boston, in the Province of Massa

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