I had it in contemplation to have made some observation? on the disposition of the judicial powers; but, as my knowledge in that line is confined, and as the subject has been so ably handled by other gentlemen, and the defects clearly developed, and as their arguments remain unanswered, I shall say nothing on that head. The want of responsibility to the people from their representatives would furnish matter of ample discussion; but I pass it over in silence, only observing that it is a grand, and indeed a daring fault, and one which sanctions with security the most tyrranic edicts of a despotic ruler. The ambiguous terms in which all rights are secured to the people, and the clear and comprehensive language used when power is granted to Congress, also afford matter for suspicions and objections; but the able manner in which my very worthy, my very eloquent, and truly patriotic friend and coadjutor, whose name shall ever be hallowed in the temple of liberty, has handled this subject, would render any observations from me tedious and unnecessary.
Permit me, then, to conclude by reminding gentlemen who appeal to history to prove the excellence of the proposed plan, that their mode of comparison is unjust. "Wealth and extent of territory," says the great Montesquieu, "have a relation to government, and the manners and customs of the people are closely connected with it." The same system of policy which might have been excellent in the governments of antiquity would not, probably, suit us at the present day. The question, therefore, which should be agitated, is, not whether the proposed Constitution is better or worse than those which have from time to time existed, but whether it is calculated to secure our liberties and happiness at the present stage of the world.
For my own part, after an impartial investigation of it, and after a close attention and candid consideration of the arguments which have been used, I am impressed with an opinion that it is not. I am persuaded that, by adopting it, and then proposing amendments, that unfortunate traveler, Liberty, is more endangered than the union of the states will be by first proposing these amendments. I am so far an enthusiast in favor of liberty, that I never will trust the sacred deposit to other hands, nor will I exchange it for any earthly consideration; and I have such a fixed aversion to the bitter
