States to be exercised according to their respective
Constitutions.—Should not unremitting caution
be used, least any degree of interference or infringement
might take place, either on the rights of the Federal
Government on the one side, or those of the several
States on the other. Instances of this kind may
happen; for infallibility is not the lot of any man
or body of men, even the best of them on earth.
The human mind in its present state, being very imperfect,
is liable to a multitude of errors. Prejudice,
that great source of error, often creeps in and takes
possession of the hearts of honest men, without even
their perceiving it themselves. Honest men will
not feel themselves disgusted, when mistakes are pointed
out to them with decency, candor and friendship, nor
will they, when convinced of truth, think their own
dignity degraded by correcting their own errors.
Among the objects of the Constitution of this Commonwealth,
Liberty and Equality stand in a conspicuous light.
It is the first article in our Declaration of rights,
“all men are born free and equal, and have certain
natural, essential and unalienable rights.”
In the supposed state of nature, all men are equally
bound by the laws of nature, or to speak more properly,
the laws of the Creator:—They are imprinted
by the finger of God on the heart of man. Thou
shall do no injury to thy neighbour, is the voice of
nature and reason, and it is confirmed by written revelation.
In the state of nature, every man hath an equal right
by honest means to acquire property, and to enjoy
it; in general, to pursue his own happiness, and none
can consistently controul or interrupt him in the
pursuit. But, so turbulent are the passions of
some, and so selfish the feelings of others, that
in such a state, there being no social compact, the
weak cannot always be protected from the violence of
the strong, nor the honest and unsuspecting from the
arts and intrigues of the selfish and cunning.
Hence it is easy to conceive, that men, naturally
formed for society, were inclined to enter into mutual
compact for the better security of their natural rights.
In this state of society, the unalienable rights of
nature are held sacred:—And each member
is intitled to an equal share of all the social rights.
No man can of right become possessed of a greater
share: If any one usurps it, he so far becomes
a tyrant; and when he can obtain sufficient strength,
the people will feel the rod of a tyrant. Or,
if this exclusive privilege can be supposed to be
held in virtue of compact, it argues a very capital
defect; and the people, when more enlightened, will
alter their compact, and extinguish the very idea.
These opinions, I conceive to be conformable to the sentiments held up in our State Constitution. It is therein declared, that Government is instituted for the common good; not for the profit, honor or private interest of any one man, family, or class of men. And further, all the inhabitants of this Commonwealth, having such qualifications, as shall be established by their Constitution, have an equal right to elect or be elected for the public employments.