CHAPTER 9|Document 3
Oliver Ellsworth, Landholder, no. 319 Nov. 1787Essays 146--49
To the Holders and Tillers of Land.
When we rushed to arms for preventing British usurpation, liberty was the argument of every tongue.
This word would open all the resources of the country and draw out a brigade of militia rapidly as the most decisive orders of a despotic government. Liberty is a word which, according as it is used, comprehends the most good and the most evil of any in the world. Justly understood it is sacred next to those which we appropiate in divine adoration; but in the mouths of some it means anything, which enervate a necessary government; excite a jealousy of the rulers who are our own choice, and keep society in confusion for want of a power sufficiently concentered to promote its good. It is not strange that the licentious should tell us a government of energy is inconsistent with liberty, for being inconsistent with their wishes and their vices, they would have us think it contrary to human happiness. In the state this country was left by the war, with want of experience in sovereignty, and the feelings which the people then had; nothing but the scene we had passed thro' could give a general conviction that an internal government of strength is the only means of repressing external violence, and preserving the national [natural?] rights of the people against the injustice of their own brethren. Even the common duties of humanity will gradually go out of use, when the constitution and laws of a country do not insure justice from the public and between individuals. American experience, in our present deranged state, hath again proved these great truths, which have been verified in every age since men were made and became sufficiently numerous to form into public bodies. A government capable of controling the whole, and bringing its force to a point, is one of the prerequisites for national liberty. We combine in society, with an expectation to have our persons and properties defended against unreasonable exactions either at home or abroad. If the public are unable to protest against the unjust impositions of foreigners, in this case we do not enjoy our natural rights, and a weakness of government is the cause. If we mean to have our natural rights and properties protected, we must first create a power which is able to do it, and in our case there is no want of resources, but a civil constitution which may draw them out and point their force.
The present question is, shall we have such a constitution or not? We allow it to be a creation of power; but power when necessary for our good is as much to be desired as the food we eat or the air we breathe. Some men are mightily afraid of giving power lest it should be improved for oppression; this is doubtless possible, but where is the probability. The same objection may be made against the constitution of every state in the union, and against every possible mode of government; because a power of doing good always implies a power to do evil if the person or party be disposed.
The right of the legislature to ordain laws binding on the people, gives them a power to make bad laws.
The right of the judge to inflict punishment, gives him both power and opportunity to oppress the innocent; yet none but crazy men will from thence determine that it is best to have neither a legislature nor judges.
If a power to promote the best interest of the people, necessarily implies a power to do evil, we must never expect such a constitution in theory as will not be open in some respects to the objections of carping and jealous men. The new Constitution is perhaps more cautiously guarded than any other in the world, and at the same time creates a power which will be able to protect the subject; yet doubtless objections may be raised, and so they may against the constitution of each state in the union. In Connecticut the laws are the constitution by which the people are governed, and it is generally allowed to be the most free and popular in the thirteen states. As this is the state in which I live and write, I will instance several things which with a proper coloring and a spice of jealousy appear most dangerous to the natural rights of the people, yet they have never been dangerous in practice, and are absolutely necessary at some times to prevent much greater evil.
The right of taxation or of assessing and collecting money out of the people, is one of those powers which may prove dangerous in the exercise, and which by the new constitution is vested solely in representatives chosen for that purpose. But by the laws of Connecticut, this power called so dangerous may be exercised by selectmen of each town, and this not only without their consent but against their express will, where they have considered the matter, and judge it improper. This power they may exercise when and so often as they judge necessary! Three justices of the quorum may tax a whole county in such sums as they think meet, against the express will of all the inhabitants. Here we see the dangerous power of taxation vested in the justices of the quorum and even in selectmen, men whom we should suppose as likely to err and tyrannize as the representatives of three millions of people in solemn deliberation, and amenable to the vengeance of their constitutents, for every act of injustice. The same town officers have equal authority where personal liberty is concerned, in a matter more sacred than all the property in the world, the disposal of your children. When they judge fit, with the advice of one justice of the peace, they may tear them from the parent's embrace, and place them under the absolute control of such masters as they please; and if the parent's reluctance excites their resentment, they may place him and his property under overseers. Fifty other instances fearfull as these might be collected from the laws of the state, but I will not repeat them lest my readers should be alarmed where there is no danger. These regulations are doubtless best; we have seen much good and no evil come from them. I adduce these instances to shew, that the most free constitution when made the subject of criticism may be exhibited in frightful colors, and such attempts we must expect against that now proposed. If, my countrymen, you wait for a constitution which absolutely bars a power of doing evil, you must wait long, and when obtained it will have no power of doing good. I allow you are oppressed, but not from the quarter that jealous and wrongheaded men would insinuate. You are oppressed by the men, who to serve their own purposes would prefer the shadow of government to the reality. You are oppressed for the want of power which can protect commerce, encourage business, and create a ready demand for the productions of your farms. You are become poor; oppression continued will make wise men mad. The landholders and farmers have long borne this oppression, we have been patient and groaned in secret, but can promise for ourselves no longer; unless relieved, madness may excite us to actions we now dread.
The Founders' Constitution
Volume 1, Chapter 9, Document 3
The University of Chicago Press
Ford, Paul Leicester, ed. Essays on the Constitution of the United States, Published during Its Discussion by the People, 1787--1788. Brooklyn: Historical Printing Club, 1892.
Easy to print version.