e writ of habeas corpus,
as it appears to me altogether unnecessary, and that the power given to it
may and will be used as a dangerous engine of oppression, but I could not
succeed. An honorable member from South Carolina most anxiously sought to
have a clause inserted securing the liberty of the Press, and repeatedly
brought this subject before the Convention, but could not obtain it. I am
almost positive he made the same attempt to have a stipulation in favour
of liberty of conscience, but in vain. The more the system advanced the
more was I impressed with the necessity of not merely attempting to secure
a few rights, but of digesting and forming a complete bill of rights,
including those of states and of individuals, which should be assented to,
and prefixed to the Constitution, to serve as a barrier between the
general government and the respective states and their citizens; because
the more the system advanced the more clearly it appeared to me that the
framers of it did not consider that either states or men had any rights at
all, or that they meant to secure the enjoyment of any to either the one
or the other; accordingly, I devoted a part of my time to the actually
preparing and draughting such a bill of rights, and had it in readiness
before I left the Convention, to have laid it before a committee. I
conversed with several members on the subject; they agreed with me on the
propriety of the measure, but at the same time expressed their sentiments
that it would be impossible to procure its adoption if attempted. A very
few days before I left the Convention, I shewed to an honorable member
sitting by me a proposition, which I then had in my hand, couched in the
following words: "Resolved that a committee be appointed to prepare and
report a bill of rights, to be prefixed to the proposed Constitution," and
I then would instantly have moved for the appointment of a committee for
that purpose, if he would have agreed to second the motion, to do which he
hesitated, not as I understand from any objection to the measure, but from
a conviction in his own mind that the motion would be in vain.
Thus my fellow citizens, you see that so far from having no objections to
the system on this account, while I was at Convention, I not only then
thought a bill of rights necessary, but I took some pains to have the
subject brought forward, which would have been done, had it not been for
the difficulties I have stated. At the same t
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