The Address and Reasons of Dissent
443
The preamble begins with the words, ‘‘We the people of the United
States,’’ which is the style of a compact between individuals entering into
a state of society, and not that of a confederation of States. The other features of consolidation we have before noticed.
Thus we have fully established the position, that the powers vested by
this constitution in Congress will effect a consolidation of the States under one government, which even the advocates of this Constitution admit could not be done without the sacrifice of all liberty.
We dissent, thirdly, because if it were practicable to govern so extensive a territory as these United States include, on the plan of a consolidated government, consistent with the principles of liberty and the happiness of the people, yet the construction of this Constitution is not
calculated to attain the object; for independent of the nature of the case,
it would of itself necessarily produce a despotism, and that not by the
usual gradations, but with the celerity that has hitherto only attended
revolutions effected by the sword.
To establish the truth of this position, a cursory investigation of the
principles and form of this Constitution will suffice.
The first consideration that this review suggests, is the omission of a
BILL OF RIGHTS ascertaining and fundamentally establishing those unalienable and personal rights of men, without the full, free and secure enjoyment of which there can be no liberty, and over which it is not necessary for a good government to have the control—the principal of which
are the rights of conscience, personal liberty by the clear and unequivocal
establishment of the writ of habeas corpus, jury trial in criminal and civil
cases, by an impartial jury of the vicinage or county, with the common
law proceedings for the safety of the accused in criminal prosecutions;
and the liberty of the press, that scourge of tyrants, and the grand bulwark of every other liberty and privilege. The stipulations heretofore
made in favor of them in the State constitutions, are entirely superseded
by this Constitution.
The legislature of a free country should be so formed as to have a competent knowledge of its constituents, and enjoy their confidence. To produce these essential requisites, the representation ought to be fair, equal
and sufficiently numerous to possess the same interests, feelings, opinions, and views which the people themselves would possess, were they