Page:Dissent of the Minority at the Pennsylvania Constitutional Convention.djvu/1



T was not until after the termination of the late glorious contet, which made the people of the United States an Independent nation, that any defect was dicovered in the preent confederation. It was formed by ome of the ablet patriots in America. It carried us uccesfully through the war; and in the virtue and patriotim of the people, with their dipoition to promote the common caue, upplied the want of power in Congres.

The requiition of congres for the five per cent. impot was made before the peace, o early as the firt of February 1781, but was prevented taking effect by the refual of one tate; yet it is probable every tate in the union would have agreed to this meaure at that period, had it not been for the extravagant terms in which it was demanded. The requiition was new moulded in the year 1783, and accompanied with additional demand of certain upplementary funds for 25 years. Peace had now taken place, and the United States found themelves laboring under a coniderable foreign and dometic debt, incurred during the war. The requiition of 1783, was commenurate with the interet of the debt as it was then calculated; but it has been more accurately acertained ince that time. The dometic debt has been found to fall everal millions of dollars hort of the calculation, and it has lately been coniderably diminihed by large ales of the wetern lands. The tates have been called on by congres annually for upplies until the general ytem of finance propoed in 1783 hould take place.

It was at this time that the want of an efficient federal government was firt complained of, and that the powers veted in congres were found to be inadequate to the procuring of the benefits that hould reult from the union. The impot was granted by mot of the tates, but many refued the upplementary funds; the annual requiitions were et at nought by ome of the tates, while others complied with them by legilative acts, but were tardy in their payments, and congres found themelves incapable of complying with their engagements, and upporting the federal government. It was found that our national character was inking to the opinion of foreign nations. The congres could make treaties of commerce, but could not enforce the obervance of them. We were uffering from the retrictions of foreign nations, who had hackled our commerce, while we were unable to retaliate: and all now agreed that it would be advantageous to the union to enlarge the powers of congres; that they hould be enabled in the amplet manner to regulate commerce, and to lay and collect duties on the imports throughout the United States. With this view a convention was firt propoed by Virginia, and finally recommended by congres for the different tates to appoint deputies to meet in convention, "for the purpoes of reviing and amending the preent articles of confederation o as to make them adequate to the exigencies of the union." This recommendation the legilatures of twelve tates complied with o hatily as not to conult their contituents on the ubject; and though the different legilatures had no authority from their contituents for the purpoe, they probably apprehended the neceity would jutify the meaure; and none of them extended their ideas at that time further than "reviing and amending the preent articles of confederation." Pennylvania by the act appointing deputies expresly confined their powers to this object; and through it is probable that ome of the members of the aembly of this tate, had at that time in contemplation to annihilate the preent confederation, as well as the contitution of Pennylvania, yet the plan was not ufficiently matured to communicate it to the public.

The majority of the legilature of this commonwealth, were at that time under the influence of the members from the city of Philadelphia. They agreed that the deputies ent by them to convention hould have no compenation for their ervices, which determination was calculated to prevent the election of any member who reided at a ditance from the city. It was in vain for the minority to attempt electing delegates to the convention, who undertood the circumtances, and the feelings of the people, and had a common interet with them. They found a dipoition in the leaders of the majority of the houe to chue themelves and ome of their dependant—The minority attempted to prevent this by agreeing to vote for ome of the leading members, who they knew had influence to be appointed at any rate, in hopes of carrying with them ome repectable citizens of Philadelphia, in whoe principles and integrity they could have more confidence; but even in this they were diappointed, except in one member:—the eighth member was added at a ubequent eion of the aembly.

The Continental convention met in the city of Philadelphia at the time appointed. It was compoed of ome men of excellent characters; of others who were more remarkable for their ambition and cunning, than their patriotim; and of ome who had been opponents to the independence of the United States.—The delegates from Pennylvania were, ix of them, uniform and decided opponents to the contitution of this commonwealth. The convention at upwards of four months. The doors were kept hut, and the members brought under the mot olemn engagements of ecrecy. Some of thoe who oppoed their going o far beyond their powers, retired, hopeles, from the convention, others had the firmnes to refue igning the plan altogether: and many who did ign it, did it not as a ytem they wholly approved, but as the bet that could be then obtained, and notwithtanding the time pent on this ubject, it is agreed on all hands to be a work of hate and accommodation.

Whilt the gilded chains were forging in the ecret conclave, the meaner intruments of depotim, without, were buily employed in alarming the fears of the people, with dangers which did not exit, and exciting their hopes of greater advantages from the expected plan than even the bet government on earth could produce.

The propoed plan had not many hours iued forth from the womb of upicious ecrecy, until uch as were prepared for the purpoe, were carrying about petitions for people to ign, ignifying their approbation of the ytem, and requeting the legilature to call a convention. While every meaure was taken to intimidate the people againt oppoing it, the public papers teemed with the mot violent threats againt thoe who hould dare to think for themelves, and tar and feathers were liberally promied to all thoe who would not immediately join in upporting the propoed government be it what it would.—Under uch circumtances petitions in favor of calling a convention were igned by great numbers in and about the city, before they had leiure to read and examine the ytem, many of whom, now they are better acquainted with it, and have had time to invetigate its principles, are heartily oppoed to it. The petitions were peedily handed in to the legilature. Affairs were in this ituation when on the 28th of September lat, a reolution was propoed to the aembly by a member of the houe who had been alo a member of the federal convention, for calling a tate convention, to be elected within ten days for the purpoe of examining and adopting the propoed contitution of the United States, though at this time the houe had not received it from Congres. This attempt was oppoed by a minority, who after offering every argument in their power to prevent the precipitate meaure, without effect, abented themelves from the houe as the only alternative left them, to prevent the meaure taking place previous to their contituents being acquainted with the buines—That violence and outrage which had been o often threatened was now practied; ome of the members were eized the next day by a mob collected for the purpoe, and forcibly dragged to the houe, and there detained by force whilt the quorum of the legilature, o formed, compleated their reolution. We hall dwell no longer on this ubject, the people of Pennylvania have been already acquainted therewith. We would only further oberve that every member of the legilature, previouly to taking his eat, by olemn oath or affirmation, declares, "that he will not do or conent to any act or thing whatever that hall have a tendency to leen or abridge their rights and privileges, as declared in the contitution of this tate." And that contitution which they are o olemnly worn to upport cannot legally be altered but by a recommendation of the council of cenors, who alone are authoried to propoe alterations and amendments, and even thee mut be publihed at leat ix months, for the conideration of the people.—The propoed ytem of government for the United States, if adopted, will alter and may annihilate the contitution of Pennylvania; and therefore the legilature had no authority whatever to recommend the calling a convention for that purpoe. The proceeding could not be conidered as binding on the people of this commonwealth. The houe was formed by violence, ome of the members compoing it were detained there by force, which alone would have vitiated any proceedings, to which they were otherwie competent; but had the legilature been legally formed, this buines was abolutely without their power.

In this ituation of affairs were the ubcribers elected members of the convention of Pennylvania.—A convention called by a legilature in direct violation of their duty, and compoed in part of members, who were compelled to attend for that purpoe, to conider a contitution propoed by a convention of the United States, who were not appointed for the purpoe of framing a new form of government, but whoe powers were exprely confined to altering and amending the preent articles of confederation.—Therefore the members of the continental convention in propoing the plan acted as individuals, and not as deputies from Pennylvania. —The aembly who called the tate convention acted as individuals, and not as the legilature of Pennylvania; nor could they or the convention choen on their recommendation have authority to do any act or thing, that can alter or annihilate the contitution of Pennylvania (both of which will be done by the new contitution) nor are their proceedings in our opinion, at all binding on the people.

The election for members of the convention was held at o early a period and the want of information was o great, that ome of us did not know of it until after it was over, and we have reaon to believe that great numbers of the people of Pennylvania have not yet had an opportunity of ufficiently examining the propoed contitution.—We apprehend that no change can take place that will affect the internal government or contitution of this commonwealth, unles a majority of the people hould evidence a wih for uch a change; but on examining the number of votes given for members of the preent tate convention, we find that of upwards of eventy thouand freemen who are entitled to vote in Pennylvania, the whole convention has been elected by about thirteen thouand voters, and though two thirds of the members of the convention have thought proper to ratify the propoed contitution, yet thoe two thirds were elected by the votes on only ix thouand and eight hundred freemen.

In the city of Philadelphia and ome of the eatern counties, the junto that took the lead in the buines agreed to vote for none but uch as would olemnly promie to adopt the ytem in toto, without exerciing their judgement. In many of the counties the people did not attend the elections as they had not an opportunity of judging of the plan. Others did not conider themelves bound by the call of a et of men who aembled at the State-Houe in Philadelphia, and aumed the name of the legilature of Pennylvania; and ome were prevented from voting by the violence of the party who were determined at all events to force down the meaure. To uch lengths did the tools of depotim carry their outrage, that in the night of the election for members of convention, in the city of Philadelphia, everal of the ubcribers (being then in the city to tranact your buine) were grosly abued, ill-treated and inulted while they were quiet in their lodgings, though they did not interfere, nor had any thing to do with the aid election, but as they apprehend, becaue they were uppoe to be advere to the propoed contitution, and would not namely urrender thoe acred rights, which you had committed to their charge.

The convention met, and the ame dipoition was oon manifeted in conidering the propoed contitution, that had been exhibited in every other tage of the buines. We were prohibited by an expres vote of the convention, from taking any quetion on the eparate articles of the plan, and reduced to the neceity of adopting or rejecting in toto.—-'Tis true the majority permitted us to debate on each article, but retrained us from propoing amendments.—They alo determined not to permit us to enter on the minutes our reaons of dient againt any of the articles nor even on the final quetion our reaons of dient againt the whole. Thus ituated we entered on the examination of the propoed ytem of government, and found it to be uch as we could not adopt, without, as we conceived, urrendering up your dearet rights. We offered our objections to the convention, and oppoed thoe parts of the plan, which, in our opinion, would be injurious to you, in the bet manner we were able; and cloed our arguments, by offering the following propoitions to the convention.

Firt. The right of concience hall be held inviolable; and neither the legilative, executive nor judicial powers of the United States, hall have authority to alter, abrogate, or infringe any part of the contitution of the everal tates, which provide for the preervation of liberty in matters of religion.

Second. That in controveries repecting property, and in uits between man and man, trial by jury hall remain as heretofore, as well in the federal courts, as in thee of the everal tates.

Third. That in all capital and criminal proecutions, a man has a right to demand that caue and nature of this accuation, as well in the federal courts, as in thoe of the everal tates; to be heard by himelf and his counsel; to be confronted with the accuers and witnees; to all for evidence in his favor, and a peedy trial by an impartial jury of his vicinage, without whoe unanimous conent, he cannot be found guilty, nor can he be compelled to give evidence againt himelf; and that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.

Fourth. That exceive bail ought not to be required, nor exceive fines impoed, nor cruel nor unuual punihments inflicted.

Fifth. That warrants unupported by evidence, whereby any officer or meenger may be commanded or required to earch upected places, or to eize any peron or perons, his or their property, not particularly decribed, are grievous and oppreive, and hall not be granted either by the magitrates of the federal government or others.

Sixth. That the people have a right to the freedom of peech, of writing and publihing their entiments, therefore, the freedom of the pres hall not be retrained by any law of the United States.

Seventh. That the people have a right to bear arms for the defence of themelves and their own tate, or the United States, or for the purpoe of killing game, and no law hall be paed for diarming the people or any of them, unles for crimes committed, or real danger of public injury from individuals; and as tanding armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military hall be kept under trict ubordination to and be governed by the civil powers.

Eighth. The inhabitants of the everal tates hall have liberty to fowl and hunt in eaonable times, on the land they hold, and on all other lands in the United States not incloed, and in like manner to fih in all navigable waters, and others not private property, without being retrained therein by any laws to be paed by the legilature of the United States.

Ninth. That no law hall be paed to retrain the legilatures of the everal tates, from enacting laws for impoing taxes, except impots and duties on goods imported or exported, and that no taxes except impots and duties on goods imported and exported, and potage on letters, hall be levied by the authority of Congres.

Tenth. That the houe of repreentatives be properly increaed in number; that elections hall remain free; that the everal tates hall have power to regulate the elections for enators and repreentatives, without being controuled either directly or indirectly by any interference on the part of the Congres; and that elections of repreentatives be annual.

Eleventh. That the power of organizing, arming and diciplining the militia (the manner of diciplining the militia to be precribed by Congre) remain with the individual tates, and that Congres hall not have authority to call or march any of the militia out of their own tate, without the conent of uch tate, and for uch length of time only as uch tate hall agree.

That the overeignty, freedom and independency of the everal tates hall be retained, and every power, juridiction and right, which is not by this contitution exprely delegated to the United States in Congres aembled.

Twelfth. That the legilative, executive, and judicial powers be kept eparate; and to this end, that a contitutional council be appointed, to advie and ait the preident, who hall be reponible for the advice they give, hereby the enators would be relieved from almot contant