bject of the greatest magnitude must suffer
in the hands of such an advocate, I cannot refuse, at the request of my
fellow-citizens, to make some observations on the new plan of government.
It seems to be generally admitted, that the system of government which has
been proposed by the late convention, is well calculated to relieve us
from many of the grievances under which we have been laboring. If I might
express my particular sentiments on this subject, I should describe it as
more free and more perfect than any form of government that has ever been
adopted by any nation; but I would not say it has no faults. Imperfection
is inseparable from every device. Several objections were made to this
system by two or three very respectable characters in the convention,
which have been the subject of much conversation; and other objections, by
citizens of this state, have lately reached our ears. It is proper you
should consider of these objections. They are of two kinds; they respect
the things that are in the system, and the things that are not in it. We
are told that there should have been a section for securing the trial by
Jury in civil cases, and the liberty of the press: that there should also
have been a declaration of rights. In the new system, it is provided, that
"_the trial of all crimes_, except in cases of impeachment, _shall be by
jury_" but this provision could not possibly be extended to all _civil_
cases. For it is well known that the trial by jury is not general and
uniform throughout the United States, either in cases of admiralty or of
chancery; hence it becomes necessary to submit the question to the general
Legislature, who might accommodate their laws on this occasion to the
desires and habits of the nation. Surely there is no prohibition in a case
that is untouched.
We have been told that the liberty of the press is not secured by the new
Constitution. Be pleased to examine the Plan, and you will find that the
liberty of the press and the laws of Mahomet are equally affected by it.
The new government is to have the power of protecting literary property;
the very power which you have by a special act delegated to the present
congress. There was a time in England, when neither book, pamphlet, nor
paper could be published without a license from government. That restraint
was finally removed in the year 1694: and, by such removal, their press
became perfectly free, for it is not under the restraint of any
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