The Founding Documents

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I fear I shall not Retreve the time and other
losses occas’d by that—I almost said Cursed
Rebellion, now called Glorious Revolution, as I
sincerely now wish it may Ever prove to be, tho’
I can’t yet help thinking that we might have
been happie at this Day, had we remained as we
were.
--Cadwallader Colden, Jr., to Henry von Schaack
June 1790
Taxes were extremely high. Some counties were two or three years behind.
And with the prices of labor and produce falling very fast, creditors began
calling for old debts and saying that they would not take payment in paper
money. . . . Property was selling almost every day by [government seizure] for
less than half its value. The jails were crowded with debtors. And with the
people being ignorant that their help lay in being fully and fairly represented
in the legislature, many towns neglected to send representatives in order to
save the cost—so that the Few only were represented at the court, with an
aristocratic Bowdoin as governor at their head.
Under these circumstances, the people were driven to the greatest extremity.
Many counties took to conventions, remonstrances, and petitions to a court
where they were not half represented. But being not heard, and in some
instances charged with seditious meetings and intentions, under all these
circumstances, some counties were so foolish as to stop the courts of justice
by force of arms. This shook the government to its foundation. For instead of
fatherly counsels and admonitions, the dog of war was let loose upon them,
and they were declared in a general state of insurrection and rebellion.
To the good people of Boylston as this is
perelous times blood shed by tirants who are a
fighting for promotion and to advance their
interest which will Destroy the good people of
this Land—we stile ourselves regelators think it
is our Duty to stand for our Lives and for our
familys and for our Intrest which will be taken
from us if we Dont Defend them. Therefore we
would have you take it into consideration and fly
to our assistance and soon as posable in this just
and righteous cause.
Indeed the present System neither has nor
deserves advocates; and if some very strong
props are not applied will quickly tumble to the
ground. No money is paid into the public
Treasury; no respect is paid to the federal
authority. Not a single State complies with the
requisitions, several pass them over in silence,
and some positively reject them. The payments
ever since the peace have been decreasing, and
of late fall short even of the pittance necessary
for the Civil list of the Confederacy. It is not
possible that a Government can last long under
these circumstances. If the approaching
Convention should not agree on some remedy, I
am persuaded that some very different
arrangement will ensue. The late turbulent
scenes in Massts. & infamous ones in Rhode
Island, have done inexpressible injury to the
republican character in that part of the U. States;
and a propensity towards Monarchy is said to
have been produced by it in some leading minds.
In the second section, "the supreme legislature
is vested in a 'single' House of Representatives of
the Freemen of the Commonwealth." By this
section we find, that the supreme, absolute, and
uncontrolled power of the whole State is lodged
in the hands of one body of men. Had it been
lodged in the hands of one man, it would have
been less dangerous to the safety and liberties of
the community.
Absolute power should never be trusted to man.
It has perverted the wisest heads, and corrupted
the best hearts in the world. I should be afraid to
commit my property, liberty and life to a body of
angels for one whole year. The Supreme Being
alone is qualified to possess supreme power
over his creatures. It requires the wisdom and
goodness of a Deity to control, and direct it
properly.
All the powers of government, legislative,
executive, and judiciary, result to the legislative
body [in the Virginia Constitution of 1776]. The
concentrating these in the same hands is
precisely the definition of despotic government.
It will be no alleviation that these powers will be
exercised by a plurality of hands, and not by a
single one. 173 despots would surely be as
oppressive as one. Let those who doubt it turn
their eyes on the republic of Venice. As little will
it avail us that they are chosen by ourselves. An
elective despotism was not the government we
fought for; but one which should not only be
founded on free principles, but in which the
powers of government should be so divided and
balanced among several bodies of magistracy, as
that no one could transcend their legal limits,
without being effectually checked and restrained
by the others.
Article I, Section 3
The Senate of the United States shall be
composed of two Senators from each State,
chosen by the Legislature thereof for six Years;
and each Senator shall have one Vote.
Article II, Section 1
Each State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of Electors,
equal to the whole Number of Senators and
Representatives to which the State may be entitled in
the Congress: but no Senator or Representative, or
Person holding an Office of Trust or Profit under the
United States, shall be appointed an Elector.
Amendment I
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a
redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger; nor
shall any person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use, without just compensation.
I propose, in a series of papers, to
discuss the following interesting
particulars: — The utility of the UNION
to your political prosperity — The
insufficiency of the present
Confederation to preserve that Union —
The necessity of a government at least
equally energetic with the one
proposed, to the attainment of this
object — The conformity of the
proposed Constitution to the true
principles of republican government —
Its analogy to your own state
constitution — and lastly, The additional
security which its adoption will afford to
the preservation of that species of
government, to liberty, and to property.
There is no provision for a rotation, nor
anything to prevent the perpetuity of
office in the same hands for life; which
by a little well timed bribery, will
probably be done, to the exclusion of
men of the best abilities from their share
in the offices of the government.
I have observed, that your name to the new
Constitution has been of infinite service.
Indeed, I am convinced, that if you had not
attended the Convention, and the same paper
had been handed out to the world, it would
have met with a colder reception, with fewer
and weaker advocates, and with more and
more strenuous opponents. As it is, should the
idea prevail, that you will not accept of the
Presidency, it would prove fatal in many parts.
The truth is, that your great and decided
superiority leads men willingly to put you in a
place, which will not add to your personal
dignity, nor raise you higher than you already
stand. But they would not readily put any other
person in the same situation, because they feel
the elevation of others, as operating by
comparison the degradation of themselves.
Indeed the present System neither has nor
deserves advocates; and if some very strong
props are not applied will quickly tumble to the
ground. No money is paid into the public
Treasury; no respect is paid to the federal
authority. Not a single State complies with the
requisitions, several pass them over in silence,
and some positively reject them. The payments
ever since the peace have been decreasing, and
of late fall short even of the pittance necessary
for the Civil list of the Confederacy. It is not
possible that a Government can last long under
these circumstances. If the approaching
Convention should not agree on some remedy, I
am persuaded that some very different
arrangement will ensue. The late turbulent
scenes in Massts. & infamous ones in Rhode
Island, have done inexpressible injury to the
republican character in that part of the U. States;
and a propensity towards Monarchy is said to
have been produced by it in some leading minds.
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