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Updated: May 20, 2025
Some of our settlers had already been driven from their holdings by Frenchmen in arms, and the governors of the British provinces were desirous of stopping their incursions, or at any rate to protest against their invasion. We chose to hold our American colonies by a law that was at least convenient for its framers.
A single additional clause, the fatal consequences of which were assuredly not foreseen, had been introduced into the preamble: the fifth article excepted from the amnesty all persons against whom prosecutions had been ordered or sentences passed before the promulgation of the law, a lamentable reservation, equally contrary to the principle of the measure and the object of its framers.
No just or honest use of it can be made, in opposition to the plain intention of its framers, except to declare the contract at an end, and to refuse to serve under it. On this point, as to the design of certain provisions, no intelligent man can honestly entertain a doubt.
The instrument, it was originally held, should be strictly construed and the powers delegated limited; and in this respect, with certain alterations made obviously necessary to meet changed conditions, I would return to the fundamental idea of the framers. In saying this I feel confidence also that here in South Carolina at least I shall meet with an earnest response.
Conscious of the natural tendency to infringement by a given Department of the Government upon the functions of its coordinates, the framers of the Constitution wisely defined the respective spheres of the several departments, and those definitions constitute unmistakable admonition to each as to trespass by either upon the political territory of its coordinates.
Voltaire's saying, that "a consideration of petty circumstances is the tomb of great things," may be true of individual men, but it certainly is not true of governments. It is by a multitude of such considerations, each in itself trifling, but all together weighty, that the framers of policy can alone divine what is practicable and therefore wise.
Doubtless the framers of the Constitution had not much choice in the matter. The wisest of them were anxious to get as much power for the central Government, and to leave as little to the local governments as they could. But a cry was got up that this wisdom would create a tyranny and impair freedom, and with that help, local jealousy triumphed easily.
It can be easily seen that one of the things which the framers of the statute were attempting to accomplish in their somewhat awkward wording was to make the fact of witchcraft as a felony depend chiefly upon a single form of evidence, the testimony to the use of evil spirits.
The framers of the Constitution, chief among whom was Prince Ito, naturally took care not to make its provisions too liberal. A bicameral system was adopted. In the eyes of party politicians this property qualification was much too high; it restricted the number of franchise-holders to 460,000 in a nation of nearly fifty millions.
I would take this, and if it is all we can do, we must be content. But I am sorry that the framers of the constitution did not go farther and enable us to interdict it for good and all; for I look upon the slave-trade to be one of the most abominable things on earth; and if there was neither God nor devil, I should oppose it upon the principles of humanity and the law of nature.
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