nd that, whatever is the
form of government, a bill of rights is essential to the security of the
persons and property of the people. It is an idea favourable to the
interest of mankind at large, that government is founded in compact.
Several instances may be produced of it, but none is more remarkable than
our own. In general, I have chosen to apply to such facts as are in the
reach of my readers. For this purpose I have chiefly confined myself to
examples drawn from the history of our own country, and to the Old
Testament. It is in the power of every reader to verify examples thus
substantiated. Even in the remarkable arguments on the fourth section,
relative to the power over election I was far from stating the worst of
it, as it respects the adverse party. A gentleman, respectable in many
points, but more especially for his systematick and perspicuous reasoning
in his profession, has repeatedly stated to the Convention, among his
reasons in favour of that section, that _the Rhode Island assembly have
for a considerable time past had a bill lying on their __ table for
altering the manner of elections for representatives in that state_.(29)
He has stated it with all the zeal of a person who believed his argument
to be a good one. But surely a _bill lying on a table_ can never be
considered as any more than an _intention_ to pass it, and nobody pretends
that it ever actually did pass. It is in strictness only the intention of
a part of the assembly, for nobody can aver that it ever will pass. I
write not with an intention to deceive, but that the whole argument may be
stated fairly. Much eloquence and ingenuity have been employed in shewing
that side of the argument in favor of the proposed constitution, but it
ought to be considered that if we accept it upon mere verbal explanations,
we shall find ourselves deceived. I appeal to the knowledge of every one,
if it does not frequently happen, that a law is interpreted in practice
very differently from the intention of the legislature. Hence arises the
necessity of acts to amend and explain former acts. This is not an
inconvenience in the common and ordinary business of legislation, but is a
great one in a constitution. A constitution is a legislative act of the
whole people. It is an excellence that it should be permanent, otherwise
we are exposed to perpetual insecurity from the fluctuation of government.
We should be in the same situation as under absolute government, som