part is the foundation of all the others. We have now removed it; and they must fall of course. For if the force, acting for the purposes we have mentioned, does not act, and cannot act, by virtue of any commission from his majesty, the consequence is undeniable, that it acts without his majesty's authority; that the resistance of it is no resistance of his majesty's authority; nor incompatible with the duties of allegiance.

And now, sir, let me appeal to the impartial tribunal of reason and truth-let me appeal to every unprejudiced and judicious observer of the laws of Britain, and of the constitution of the British government-let me appeal, I say, whether the principles on which I argue, or the principles on which alone my arguments can be opposed, are those which ought to be adhered to and acted upon -which of them are most consonant to our laws and liberties-which of them have the strongest, and are likely to have the most effectual, tendency to establish and secure the royal power and dignity.

Are we deficient in loyalty to his majesty? Let our conduct convict, for it will fully convict, the insinuation, that we are, of falsehood. Our loyalty has always appeared in the true form of loyalty-in obeying our sovereign according to law: let those, who would require it in any other form, know, that we call the persons who execute his commands, when contrary to law, disloyal and traitors. Are we enemies to the power of the crown? No, sir: we are its best friends: this friendship prompts us to wish, that the power of the crown may be firmly established on the most solid basis: but we know, that the constitution alone will perpetuate the former, and securely uphold the latter. Are our principles irreverent to majesty? They are quite the reverse: we ascribe to it perfection, almost divine. We say, that the king can do no wrong: we say, that to do wrong is the property, not of VOL. I. 2 M

power, but of weakness. We feel oppression; and will oppose it; but we know-for our constitution tells us― that oppression can never spring from the throne. We must, therefore, search elsewhere for its source: our infallible guide will direct us to it. Our constitution tells us, that all oppression springs from the ministers of the throne. The attributes of perfection, ascribed to the king, are, neither by the constitution, nor in fact, communicable to his ministers. They may do wrong: they have often done wrong: they have been often punished for doing wrong.

Here we may discern the true cause of all the impu dent clamour and unsupported accusations of the ministers and of their minions, that have been raised and made against the conduct of the Americans. Those ministers and minions are sensible, that the opposition is directed, not against his majesty, but against them: because they have abused his majesty's confidence, brought discredit upon his government, and derogated from his justice. They see the public vengeance collected in dark clouds around them: their consciences tell them, that it should be hurled, like a thunder bolt, at their guilty heads. Appalled with guilt and fear, they skulk behind the throne. Is it disrespectful to drag them into public view, and make a distinction between them and his majesty, under whose venerable name they daringly attempt to shelter their crimes? Nothing can more effectually contribute to establish his majesty on the throne, and to secure to him the affections of his people, than this dictinction. By it we are taught to consider all the blessings of government as flowing from the throne; and to consider every instance of oppression as proceeding, which in truth is oftenest the case, from the ministers.

If, now, it is true, that all force employed for the purposes so often mentioned, is force unwarranted by any

act of parliament; unsupported by any principle of the common law; unauthorized by any commission from the crown-that, instead of being employed for the support of the constitution and his majesty's government, it must be employed for the support of oppression and ministerial tyranny-if all this is true-and I flatter myself it appears to be true-can any one hesitate to say, that to resist such force is lawful: and that both the letter and the spirit of the British constitution justify such resistance?

Resistance, both by the letter and the spirit of the British constitution, may be carried farther, when necessity requires it, than I have carried it. Many examples in the English history might be adduced, and many authorities of the greatest weight might be brought, to show, that when the king, forgetting his character and his dignity, has stepped forth, and openly avowed and taken a part in such iniquitous conduct as has been described; in such cases, indeed, the distinction abovementioned, wisely made by the constitution for the security of the crown, could not be applied; because the crown had unconstitutionally rendered the application of it impossible. What has been the consequence? The distinction between him and his ministers has been lost: but they have not been raised to his situation: he has sunk to theirs.

276

SPEECH

OF

THE HONOURABLE JAMES WILSON.

ON

THE SUBJECT OF CHOOSING THE MEMBERS OF THE SENATE BY ELECTORS;

Delivered on the 31st December, 1789, in the Convention of Pennsylvania, assembled for the purpose of reviewing, altering, and amending the Constitution of the State.

IN a draft of a constitution proposed to the convention by a committee, a provision was introduced which purported to enact that "the citizens of Philadelphia, and of the several counties of the state qualified to elect representatives, when assembled for that purpose, should, if occasion required at the same time, elect two persons resident within their city or county to be electors of the senator or senators for their district, after which those electors were accordingly to meet within a given time, and elect the senator or senators for that district."

This measure was opposed by Mr. Wilson in the following speech, in which the reader will find considerable acuteness of observation, strong indications of an extensive knowledge of the subject, and if not very profound political philosophy, at least much ingenuity of argument.

SIR,

I AM well aware that the subject now under the consideration of this assembly, will appear to many gentlemen present, for whom I have much regard, under an aspect very different from that, in which it makes its ap

proaches to me. Indeed it has not always appeared to myself in precisely the same light, in which I now view it. One reason may be, that I have not formerly been accustomed to contemplate it from the point of sight, at which I now stand, and from which it is my duty, enjoined by the strongest ties, to make the most attentive and accurate observations. I have considered it as a subject of speculative discussion. I have taken of it such a slight and general survey, as one person would take of the estate of another, without any expectation that it, or one similar to it, would ever become his own. On such a vague and superficial examination, I have not studied. or investigated its inconveniences or defects.

The very respectable senate of Maryland, chosen by electors, furnishes with letters of recommendation every institution, to which it bears even a distant resemblance. The moderation, the firmness, the wisdom, and the consistency, which have characterized the proceedings of that body, have been of signal benefit to the state, of whose government it forms a part; and have been the theme of just applause in her sister states. It is by no means surprising, that a favourable opinion has been entertained concerning the principles and manner of its constitution.

But now that the question relative to those points comes before us, in the discharge of our high trust, we must divest ourselves of every prepossession, which we may have hitherto indulged; and must scrutinize the subject closely, strictly, deeply, and minutely. It is incumbent upon us to weigh well, 1. Whether the qualities, that so deservedly appreciate the senate of Maryland, may not be secured to a senate, formed and organized upon very different and more eligible principles. 2. Whether the principles, upon which that senate has been