Library. Of California WORKS OF FISHER AMES. LUCIUS JUNIUS BRUTUS. First published in the Independent Chronicle, at Boston, October 12, 1786. This political speculation was written after several of the courts of justice had been stopped by the insurgents, and before the marching of the army commanded by general Lincoln, which happily suppressed that rebellion. The writer was then young, and had taken no share in publick affairs. A perusal of the publick journals and newspapers of that period will prove, that no other man had then the boldness to express, and it is believed, that few had the discernment to entertain, so many correct ideas upon the critical state of our country. It is well also to remark, that the principles and opinions of the writer were precisely the same with those, which he so eloquently maintained throughout his whole life. In a man, endowed with a mind so luminous, and of a heart so pure, this uniform adherence to the same opinions will afford no small weight of evidence in favour of their correctness. This piece, written when it was wholly uncertain, whether the republick or its foes would be victorious, is an ample proof of the fortitude, the patriotism, and the ardent zeal of the writer. It evinces, that he was the declared foe of faction and rebellion, and the staunch friend of a firm republican government. Heu, miseri cives Non hostes, inimicaque castra, MANY friends of the government seem to think it a duty to practise a little well intended hypocrisy, when conversing on the subject of the late commotions in the commonwealth. They seem to think it prudent and necessary to conceal from the people, and even from themselves, the magnitude of the present danger. They affect to hope, that there is not any real disaffection to government among the rioters, and that reason will soon dispel the delusion which has excited them to arms. But the present crisis is too important, and appearances too menacing, to admit of pusillanimous councils, and half-way measures. Every citizen has a right to know the truth. It is time to speak out, and to rouse the torpid patriotism of men, who have every thing to lose by the subversion of an excellent constitution. THE members of the general court acquired the esteem of the most respectable part of the community, by their wise and manly conduct during the last session: the task before them is now become arduous indeed; the eyes of their country, and of the world, are upon them, while they resolve, either to surrender the constitution of their country, without an effort, or, by exerting the whole force of the state in its defence, to satisfy their constituents, that its fall (if it must fall) was effected by a force, against which all the resources of prudence and patriotism had been called forth in vain. It will be necessary to consider the nature and probable consequences of the late riots, in order to determine, whether this alternative, to surrender or to defend the constitution, is now the question before the general court. THE crime of high treason has not been always supposed to imply the greatest moral turpitude and corruption of mind; but it has ever stood first on the list of civil crimes. In European states, the rebellion of a small number of persons can excite but little apprehension, and no danger; an armed force is there kept up, which can crush tumults almost as soon as they break out; or if a rebellion prevails, the conqueror succeeds to the power and titles of his vanquished competitor. The head of the government is changed; but the government remains. THE crime of levying war against the state is attended with particular aggravations and dangers in this country. Our government has no armed force; it subsists by the supposed approbation of the majority: the first murmurs of sedition excite doubts of that approbation; timid, credulous, and ambitious men concur to magnify the danger. In such a government, the danger is real, as soon as it is dreaded. No sooner is the standard of rebellion displayed, than men of desperate principles and fortunes resort to it; the pillars of government are shaken; the edifice totters from its centre; the foot of a child may overthrow it; the hands of giants cannot rebuild it. For if our government should be destroyed, what but the total destruction of civil society must ensue? A more popular form could not be contrived, nor could it stand: one less popular would not be adopted. The people, then, wearied by anarchy, and wasted by intestine war, must fall an easy prey to foreign or domestick tyranny. Besides, our constitution is the free act of the people; they stand solemnly pledged for its defence, and treason against such a constitution implies a high degree of moral depravity. SUCH are the aggravations of the crime of high treason against the commonwealth of Massachusetts. Is it safe, by our timidity, and affected moderation, to afford the principal perpetrators of this atrocious crime the prospect of impunity? There are offences, which wise nations have supposed it unsafe to pardon. For their forgeries, the benevolent Dodd, and the ingenious Ryland, suffered death: the pardon of the one was refused to the tears of a suppliant nation; nor could a monarch's favour save the other from his punishment. This crime against a free commonwealth, which has no standing military force, will be repeated, if it is not punished: witness the increase of insolence and numbers, with which the late riots have succeeded each other. The certainty of punishment is the truest security against crimes: but if a number of individuals are allowed with impunity to support, by arms, their disapprobation of public measures, though the constitution should remain, yet we shall be cursed with a government by men, and not by laws. The plans of an enlightened and permanent national policy may be defeated by, and, in fact, must depend upon the desperate ambition of the worst men in the commonwealth; upon the convenience of bankrupts and sots, who have gambled or slept away their estates; upon the sophisms of wrong headed men of some understanding; and upon the prejudices, caprice, and ignorant enthusiasm of a multitude of tavern-haunting politicians, who have none at all. The supreme power of the state will be found to reside with such men; and in making laws, the object will not be the general good, but the will and interest of the vile legislators. This will be a government by men, and the worst of men ; and such men, actuated by the strongest passions of the heart, having nothing to lose, and hoping, from the general confusion, to reap a copious harvest, will acquire, in every society, a larger share of influence than equal property and abilities will give to better citizens. The motives to refuse obedience to government are many and strong; impunity will multiply and enforce them. Many men would rebel, rather than be ruined; but they would rather not rebel, than be hanged. The English government may sometimes treat insurrections with lenity, for they dare to punish. But who will impute our forbearance either to prudence or magnanimity. Ir need not be observed, that it is rebellion to oppose any of the courts of justice; but opposing the supreme court, whose justices are so revered for their great learning and integrity, is known to be high treason by every individual who has mingled with the mob. Many of them have been deluded with the pretence of grievances; but they well know, that the method of redress, which they have sought, is treasonable; they dare to commit the offence, because they believe that government have not the power and spirit to punish them. THIS seems, therefore, to be the time, and perhaps the only time, to revive just ideas of the criminality and danger of treason; for our government to govern; for our rulers to vindicate the violated majesty of a free commonwealth; to convince the advocates of democracy, that the constitution may yet be defended, and that it is worth defending; that the supreme power is really held by the legal representatives of the people; that the county conventions and riotous assemblies of armed men shall no longer be allowed to legislate, and to form an imperium in imperio; and that the protection of government shall yet be effectually extended to every citizen of the commonwealth. |