may, certainly, be so formed, as to need no declaration
of rights. The act itself has the force of a
declaration, as far as it goes; and if it goes to
all material points, nothing more is wanting.
In the draught of a constitution which I had once
a thought of proposing in Virginia, and printed afterwards,
I endeavored to reach all the great objects of public
liberty, and did not mean to add a declaration of rights.
Probably the object was imperfectly executed; but the
deficiencies would have been supplied by others, in
the course of discussion. But in a constitutive
act which leaves some precious articles unnoticed,
and raises implications against others, a declaration
of rights becomes necessary, by way of supplement.
This is the case of our new federal constitution.
This instrument forms us into one State, as to certain
objects, and gives us a legislative and executive body
for these objects. It should, therefore, guard
us against their abuses of power, within the field
submitted to them. 2. A positive declaration of
some essential rights could not be obtained in the
requisite latitude. Answer. Half a loaf
is better than no bread. If we cannot secure all
our rights, let us secure what we can. 3. The
limited powers of the federal government, and jealousy
of the subordinate governments, afford a security
which exists in no other instance. Answer.
The first member of this seems resolvable into the
first objection before stated. The jealousy of
the subordinate governments is a precious reliance.
But observe that those governments are only agents.
They must have principles furnished them, whereon
to found their opposition. The declaration of
rights will be the text, whereby they will try all
the acts of the federal government. In this view,
it is necessary to the federal government also; as
by the same text, they may try the opposition of the
subordinate governments. 4. Experience proves
the inefficacy of a bill of rights. True.
But though it is not absolutely efficacious under
all circumstances, it is of great potency always, and
rarely inefficacious. A brace the more will often
keep up the building which would have fallen, with
that brace the less. There is a remarkable difference
between the characters of the inconveniences which
attend a declaration of rights, and those which attend
the want of it. The inconveniences of the declaration
are, that it may cramp government in its useful exertions.
But the evil of this is short-lived, moderate, and
reparable. The inconveniences of the want of a
declaration are permanent, afflicting, and irreparable.
They are in constant progression from bad to worse.
The executive, in our governments, is not the sole,
it is scarcely the principal object of my jealousy.
The tyranny of the legislatures is the most formidable
dread at present, and will be for many years.
That of the executive will come in its turn; but it
will be at a remote period. I know there are
some among us, who would now establish a monarchy.