Concerning the Difficulties of the Convention in Devising a Proper Form of Government From the Daily Advertiser.

But as the ultimate object of these papers is to determine clearly and fully the merits of this Constitution, and the expediency of adopting it, our plan cannot be complete without taking a more critical and thorough survey of the work of the convention, without examining it on all its sides, comparing it in all its parts, and calculating its probable effects.

To those who have been led by experience to attend to this consideration, it could not appear surprising, that the act of the convention, which recommends so many important changes and innovations, which may be viewed in so many lights and relations, and which touches the springs of so many passions and interests, should find or excite dispositions unfriendly, both on one side and on the other, to a fair discussion and accurate judgment of its merits.

Still continuing no less attached to union than enamored of liberty, they observed the danger which immediately threatened the former and more remotely the latter; and being pursuaded that ample security for both could only be found in a national government more wisely framed, they as with one voice, convened the late convention at Philadelphia, to take that important subject under consideration.

This convention composed of men who possessed the confidence of the people, and many of whom had become highly distinguished by their patriotism, virtue and wisdom, in times which tried the minds and hearts of men, undertook the arduous task.

WHILE the Owner of a Silver Mine was on his way to attend a convention of his species he was accosted by a Jackass, who said:

"By an unjust discrimination against quadrupeds I am made ineligible to a seat in your convention; so I am compelled to seek representation through you."

And making this concession, I affirm that (with the sole exception of duties on imports and exports) they would, under the plan of the convention, retain that authority in the most absolute and unqualified sense; and that an attempt on the part of the national government to abridge them in the exercise of it, would be a violent assumption of power, unwarranted by any article or clause of its Constitution.

But as the plan of the convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States.

Their theory, suitable for primitive and peaceful periods of history, has the inconvenience- in application to complex and stormy periods in the life of nations during which various powers arise simultaneously and struggle with one another- that a Legitimist historian will prove that the National Convention, the Directory, and Bonaparte were mere infringers of the true power, while a Republican and a Bonapartist will prove: the one that the Convention and the other that the Empire was the real power, and that all the others were violations of power.

Equally little does this view explain why for several centuries the collective will is not withdrawn from certain rulers and their heirs, and then suddenly during a period of fifty years is transferred to the Convention, to the Directory, to Napoleon, to Alexander, to Louis XVIII, to Napoleon again, to Charles X, to Louis Philippe, to a Republican government, and to Napoleon III.