d the despondence which prevailed among the people on that
occasion. The convention of this state, about that period, in explaining
to the people the justice of the American cause, addressed them as
follows: "You and all men were created free and authorised to establish
civil government for the preservation of our rights against civil
oppression, and the security of that freedom which God had given you,
against the rapacious hand of tyranny and lawless power. If then God hath
given us freedom, are we not responsible to him for that as well as other
talents? If it is our birth-right, let us not sell it for a mess of
pottage, nor suffer it to be torn from us by the hand of violence."

The omission of a bill of rights in this State has given occasion to an
inference that the omission was equally warrantable in the constitution
for the United States. On this it may be necessary to observe that while
the constitution of this State was in agitation, there appeared doubts
upon the propriety of the measure, from the peculiar situation in which
the country then was; our connection with Britain dissolved, and her
government formally renounced--no substitute devised--all the powers of
government avowedly temporary, and solely calculated for defence; it was
urged by those in favor of a bill of rights that the power of the rulers
ought to be circumscribed, the better to protect the people at large from
the oppression and usurpation of their rulers. The English petition of
rights, in the reign of Charles the First, and the bill of rights in the
reign of king William, were mentioned as examples to support their
opinions. Those in opposition admitted that in established governments,
which had an implied constitution, a declaration of rights might be
necessary to prevent the usurpation of ambitious men, but that was not our
situation, for upon the declaration of independence it had become
necessary that the exercise of every kind of authority "under the former
government should be totally suppressed, and all the power of government
exerted under the authority of the people of the colonies;" that we could
not suppose that we had an existing constitution or form of government,
express or implied, and therefore our situation resembled a people in a
state of nature, who are preparing "to institute a government, laying its
foundation on such principles, and organizing its powers in such form as
to them shall seem most likely to effect their sa