out with all solemnity on so solemn an occasion, and were, to be always binding on the states; but, to our astonishment, we see that nine states may do away the force of the whole. I think, without exaggeration, that it will be looked upon, by foreign nations, as a serious and alarming change.
How do we know that, if we propose amendments, they shall be obtained after actual ratification? May not these amendments be proposed with equal propriety, and more safety, as the condition of our adoption? If they violate the 13th article of the Confederation in this manner, may they not, with equal propriety, refuse to adopt amendments, although agreed to and wished for by two thirds of the states? This violation of the old system is a precedent for such proceedings as these. That would be a violation destructive to our felicity. We are now determining a question deeply affecting the happiness of millions yet unborn. It is the policy of freemen to guard their privileges. Let us, then, as far as we can, exclude the possibility of tyranny. The President is chosen for four years; the senators for six years. Where is our remedy for the most flagrant abuses? It is thought that North Carolina is to have an opportunity of choosing one third of their senatorial members, and all their representatives, once in two years. This would be the case as to senators, if they should be of the first class; but, at any rate, it is to be after six years. But if they deviate from their duty, they cannot be excluded and changed the first year, as the members of Congress can now by the Confederation. How can it be said to be safe to trust so much power in the hands of such men, who are not responsible or amenable for misconduct?
As it has been the policy of every state in the Union to guard elections, we ought to be more punctual in this case. The members of Congress now may be recalled. But in this Constitution they cannot be recalled. The continuance of the President and Senate is too long. It will be objected, by some gentlemen, that, if they are good, why not continue them? But I would ask, How are we to find out whether they be good or bad? The individuals who assented to any bad law are not easily discriminated from others. They will, if individually inquired of, deny that they gave it their approbation; and it is in their power to conceal their transactions as long as they please.
