Amendments to the Constitution, [8 June] 1789 — reading text

believe ttiey are not. There is a maxim in law, and it will apply to bills of rights, that when you euumerate exceptions, that the pxceptions operate to the excluliou of all circumibuces that are omitted ; cqiifequently, unlefs you except every right from the grant of power, thofe omitted are inferred to be religned to the difcretion of the government. I'he gentleman endeavours to fecure the liberty of the pre fs ; pray how is this in danger? There is no. power given to congrefs to regulate this fubjeil as they can com- merce, or peace, or war. Has any iranfaclions taken place |o make iis fuppofe fuch an ameiidiiieiit neceflary i /Vn ha- 438 DEBATES A. 1789; norable cveiitleaiiii, a member of this hDufe, lias been attack- ed m the public news-papers, on a'-couiitof fentiments de- li v'ered O'l this floor. Have congrefs taken any notice of ic ? Have the/ ordered the writer before thenj, even for a breach of priviJe<Te, altho' the conftitution provides that a member ihall not be q leilioned in any (.'lace for any fpeech or debate in t;he houle i No, thele things are lufFered to public view, and held up to the infpection of the world. The-fe are principles which will always prevail ; I am not afraid, nor are other members I believe, our conduft fhould meet the fcverelt fcrutiiv/. VV^here then is the necefTity of taking iHeafures to fecure what neither is nor can be in danger i ^ ' 1 hold, mr, fpeaker, that the prefent is not a proper time for confidering of amendments The States of Rhode- Jfland and North-Carolina are not in the Union. As to the latter, we have every prefumption that they will come in. But in Rhode-IUand I think the antifederal intereft yet prevails. I am forry for it, particularly on account of the firm friends of the Union, who are kept without the embrace of the confederacy by their countrymen. Thefe perlbns are worthy of our patronage ; and I wiJh they v/ould apply to us for prote(Si:ion ; they fhould have my confent to be taken into the Union upon fuch an applica, tion. I underltand there are fome imporfant mercantile and manufafturing towns in that ftate, who ardently wifii to live under the laws of the general government ; if they were to come forward and requelt us to take nieafures for this purpofe, I would give my fanflion to any which are lik^^ly to bring about fuch an event. But to return to my argument. It being the cafe that; thole dates are not yet come into the Union, when they join us we Ihail have another lilt ot amendments to confider, and another bill of rig'its to frame. Now, in my judg-. jnent, it is better to make but one work of it whenever we let about the bnfinefs. But in what a lituatioii HuW we be with refpe6l to thofe foreign powei's with whom we dehre to be in treaty ? They look upon us as a nation emerging into figure and importance :But what will be their opinion if they fee us unable to retain the national advantages we have juft gain- ed ? they will fmile at our infantine efforts to obtain con- fequence, and treat us with the contempt we have hither- to borne by reafon of the imbecility of our government. Qm v,-e cxpei^ to enter into a (commercial competitioa A. i;8(;. Of C O N G R. E S S. 4^^ with any of them, while our fyftem is incomplete ? an<;l how long it will remain in fuch a lituation, if v-e enter up- on amendments, God only knows. Oiw infbbility will make us objects of fcorn. We are net content with tut> revolutions in lels than 14 years ; we mull; enter upon a third, without necelFiry or propriety. Our faiih will be hke the punica fides cf Carthage ; and we ihall have none that will repole confidence in us. Why will gentlemen prefs us to prnpole amendments, while we are without ex- perience ? Can they afiure themfelves that the amend- ments, as they call them, will not want amendments as foon as they are adopted ? I will not tax gentlemen with a defire of amudng the people ; I believe they venerate their country too much for this ; but what more can amend- ments lead to .? That part of the conftitution which is propofed to be altered, may be the njoft valuable pan of the whole ; and perhaps thole who now clamour for alter- ations may ere long dilcover that they have miarred a good government, and rendered their own liberties infecure. I again repeat it, this is not the time for bringing forward amendments ; and, notwithftanding the honorable gen- tleman's ingenious arguments on that point, 1 am now more flrongly perfuaded it is wrong. If we aflually find the conititution bad tipon experience, or the rights and privileges of the people in danger, I here pledge niylelf, to (tep forward among the firft friends of li- berty to prevent the evil ; and if nothing elfe will avail, I will draw my fword in the defence of freedom, and chearful- ly immolate at thaf flirine n^y property and my life. But how are we now proceeding f Why on nothing more than theoretical fpeculation, purfuing a mere ignis fatuus, which may lead us into ferious embarralTinents. The imperfec- tions of the government arc now unknown; let it have a fair trial, and I will be bound they Ihew themfelves ; then we can tell where to apply the remedyjj fo as to fecure the great object we are aiming at. There are, Mr. Speaker, a number of important bills oa the table which require difpatch, but I am afraid if we enter on this buiuieis, we flxail not be able to attend to tiieni for a long time. Look, fir, over the long lift of a- mcndments propofed by fome of the adopting liates, and fay, when the houfe could get thro' the difcuifion ; and I believe, fir, every one of thofe amendments will come be- fore us. Gentlemen may feel themfelves called by duty or inclination to propole them ; how are we then to extricate  440 DEBATES— duriVIves from this labyrinth of bufinefs? certainly we fhali A. 1789, lool'c much of our valuable ciine, without any advantage Niv hatfoever. I hope therefore the genileinan will prefs us no further, he has done his duty, and acquitted hiinfelf of the obligation under which he lay. He nray now accede to what I take to be the fenfe of the houfe, and let the buii- nefb of amendnients lay over until next fpring, that will be loon enough to take it up to any good purpolc. Mr. GER.U.Y. I do not rife to go into the merits or demerits of the fuhject of amendments ; nor fliall I make any other obfer- Vacons on the motion for going into a committee of the whole, on the (lace of the union, which is now withdrawn, than merely to fay, that, referring the fubje<5t to that com- mictee, is treating it with the dignity its importance re- quires. Bat I cuntider it improper to' rake up thisbufinefs at this time, when oar attention is occupied by otherimport. tant objects : \V"e fluould dil'patch the fubjtds now on the table, and let this lie over until a period of more leifure fordifcu'ilju and attention. The gentleman from Virginia fays it is n'^ceii'ary to go into a coniideration of thisfubjec^, in order 10 fatisfy the people. For my paf-t I cannot be of his opinion. The people knoA' we are employed in the organization of th- government, and cannot expeft that we Hiouid forego this bufmefs for any other. But I would not have it underllo'jd, tiiac I am againlc entering upon ainendinents when the proper time arrives. I (hali be glad 10 i'et about it as T'on as pofTlble, but I would not ilay the operations of the government on this account. I think, with the gentleman from Delaware (Mr. Vining), that the great wheels of the political machine Ihould firlt be fet iu m'otion; and with the genilcnian from Georgia (Mr. Jack- ion), that the veilel ought to be got under way, lelt ihe u. Tays by the wharf till ihe beat Oif her rudder, and run< herfelf a wreck on (liore. I fay, lir, I \\ifhas early a day as poiTibb tiidy be afligiv ed for taking up this bufincfi, in ordef to prevent the ne- ceffity whiclii-he hates mav think themfclvcs under of call- ing a nevv- convention. For I am not,lir, one of thofc blind adn}irers of this fyflem, wlio think it all perfection ; nor am I fo b'ind as not to fee its beauties. The truth is, it partakes of humanity ; in it is blended virtue and vice, errors and excellence. But I think, if it is referred to a new convention, \ve un the rifk of lofing lome of its belt 1 properties ; this is a cafe I never v.ilh to fee. Whatever A. 17^. Of congress. 441 might have been my f'entiments of the ratifiratiori of the eotiltitution without amendments, my fenfe now is, that the falvatiou of America depends upon the eliabiiihrneiit of this government, whether amended or not. If the conititu- tion which is now ratified Ihou'.d not be fupported, I de- fpair of ever havhiaa government of tliefe United States. I wi!h the fubjetl to be confidered early for another reafon : There are tv.o dates not in the union ; it would be a very defirable circumftance to gain them. 1 iliould therefore be in favor of fuch amendments as might tend to invite them and gain their confidence ; good policy \\\\\ dictate to us to expedite that event. Gentlemen fay, that we iholl not obtain the confent of two-thirds of both hoiifes to amendments. Are gentlemen vvilling then to throw Rhode- Illand and North-Carolina into the fituation of foreign nations. They have told you, that they cannot: accede to the union unlefs certain amendments are made to the conftirution ; if you deny a compliance with their re- que(t in this particular, you refufe an accommodation to bring about that defirablc event, and leave them detached from the union. I have another reafon for going early into this bufinefs t it is neceflary to eitabliin an energetic government. My idea of fuch a oovernment is, that due deliberation be had in making laws, and efficiency in the execution. I hope in this country the latter may obtain without the dread of defpotifm : I would wifli to fee the execution of good laws irreliftible. But from the \ lew which we have already had of the dilpofition of the government, we feem really to be afraid t9 adminilier the powers with which we are inverted left we give offence. VVe appear afraid to e:^- ereife the conflitutional powers of the government, which the welfare of the ftate requires, left a jeaioufy of our power's be the coinfequence. What is the reafon of this timidity ? why, beCaufe we fee a great body of our coufti-i tuents oppofed to the conftitution as it now ftauds, vvh(J arc apprehen'ilve of the enormous powers of governments. But if this bufinefs is taken up, and it is thought prdpc:f td^ make amendments, it will remove this difficuliy. Let us deal fairly aiid candidly with our conftituents, and give the fubjecl: a full difcufhoii ; after tliat I have no doubt bur t^e' decUion \v\\\ be fuch as, upon examination, we fhali dilcov^r to be right. If it fliall then appear proper and wife to re- jecl the amendments, I dare to fay the realbns for fo doings will bring convidfion to the people out of doors, as weU »» iv k k  442 ic will DEBATES the members of this houfe ; and they will ac- to